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Municipal District of Wainwright
LAND USE BYLAW 1695
JUNE 20, 2023
FINAL
20 JUNE 2023 v. 3.0
Municipal District of Wainwright | Land Use Bylaw PAGE i
GUIDE TO USING THE LAND USE BYLAW
The Land Use Bylaw establishes regulations for how land can be developed within the Municipal District of Wainwright. Regulations
vary depending on the location and type of development. A development permit must be obtained prior to any new construction,
structural renovations, opening of a new business and/or changing the use of an existing building. Development permits provide
municipal approval for the use of land as well as the placement, size and location of new buildings or structures. In addition to the
Land Use Bylaw, other bylaws, regulations, and policies of the Municipal District of Wainwright, Provincial and Federal governments
must also be followed.
The following steps may assist the user of the Land Use Bylaw:
LOCATE
Locate the subject property on the Land Use Districts Map.
This map divides the Municipal District of Wainwright into five different land use districts. Take note of which land
use district the subject property is located in. Note that land use districts are often referred to as "Zones" or
"Zoning."
To conform to the language of the Municipal Government Act, this Land Use Bylaw uses the terms "district" and
"districting."
CHECK
Check the Table of Contents and locate the land use district you are interested in. Each land use district is listed in
Section 11.
In each land use district you will find a list of permitted and discretionary uses, subdivision regulations, development
regulations and other miscellaneous regulations. This determines how and what can be developed in any given land
use district. There are definitions in Part 2 that should also be reviewed to ensure that the words and terms used in
the Land Use Bylaw are understood.
REVIEW
Review the Table of Contents to see if there are any regulations that apply to the situation or use in question.
For example, Sections 9 and 10 contain regulations affecting accessory buildings, recreational vehicles, guest cabins,
and alternate home occupations, among many others.
DISCUSS
Discuss your proposal or concern with Municipal District of Wainwright Administration.
Administration is trained and eager to assist you with your development, subdivision, or general inquiry issues and to
explain procedures. They can also assist with other situations such as enforcement or Land Use Bylaw amendments.
1
2
3
4
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Municipal District of Wainwright | Land Use Bylaw PAGE ii
TABLE OF CONTENTS
GUIDE TO USING THE LAND USE BYLAW .......................................................................................................................... I
TABLE OF CONTENTS .............................................................................................................................................................. II
1. INTRODUCTION ..................................................................................................................................................................... 1
TITLE .............................................................................................................................................................................................. 1
REPEAL .......................................................................................................................................................................................... 1
COMMENCEMENT ........................................................................................................................................................................ 1
PURPOSE ....................................................................................................................................................................................... 1
APPLICATION ................................................................................................................................................................................. 1
CONFORMITY ................................................................................................................................................................................ 1
COMPLIANCE................................................................................................................................................................................. 2
SEVERABILITY ................................................................................................................................................................................ 2
2. INTERPRETATION ................................................................................................................................................................ 3
MEASUREMENTS .......................................................................................................................................................................... 3
DEFINITIONS .................................................................................................................................................................................. 3
3. AUTHORITIES ...................................................................................................................................................................... 22
COUNCIL ...................................................................................................................................................................................... 22
DEVELOPMENT AUTHORITY........................................................................................................................................................ 22
DEVELOPMENT AUTHORITY OFFICER ......................................................................................................................................... 22
MUNICIPAL PLANNING COMMISSION ........................................................................................................................................ 22
SUBDIVISION AUTHORITY ........................................................................................................................................................... 22
SUBDIVISION AND DEVELOPMENT APPEAL BOARD ................................................................................................................... 23
4. AMENDMENTS .................................................................................................................................................................... 24
APPLICATION ............................................................................................................................................................................... 24
5. DEVELOPMENT ................................................................................................................................................................... 27
CONTROL OF DEVELOPMENT ..................................................................................................................................................... 27
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ..................................................................................................... 27
NON-CONFORMING BUILDINGS AND USES ................................................................................................................................ 28
APPLICATION FOR DEVELOPMENT ............................................................................................................................................. 29
PERMISSION FOR DEMOLITION .................................................................................................................................................. 31
NOTICE OF COMPLETE OR INCOMPLETE APPLICATIONS ........................................................................................................... 31
DEVELOPMENT PERMITS AND NOTICES ..................................................................................................................................... 32
CONDITIONS AND DEVELOPMENT AGREEMENTS ...................................................................................................................... 32
VALIDITY OF PERMITS ................................................................................................................................................................. 33
VARIANCES .................................................................................................................................................................................. 33
6. SUBDIVISION ....................................................................................................................................................................... 34
SUBDIVISION OF LAND ................................................................................................................................................................ 34
APPLICATION REQUIREMENTS ................................................................................................................................................... 34
PROCESS ...................................................................................................................................................................................... 35
NOTICE OF COMPLETE OR INCOMPLETE APPLICATION ............................................................................................................. 35
DUTIES OF THE SUBDIVISION AUTHORITY .................................................................................................................................. 35
REQUIREMENTS AND CONDITIONS OF SUBDIVISION ................................................................................................................ 36
7. APPEALS ............................................................................................................................................................................... 38
DEVELOPMENT APPEALS ............................................................................................................................................................ 38
SUBDIVISION APPEALS ................................................................................................................................................................ 39
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HEARING AND DECISION ............................................................................................................................................................. 39
8. ENFORCEMENT .................................................................................................................................................................. 40
PROVISION OF ENFORCEMENT ................................................................................................................................................... 40
PROHIBITION ............................................................................................................................................................................... 40
RIGHT OF ENTRY ......................................................................................................................................................................... 40
VIOLATION WARNINGS ............................................................................................................................................................... 40
OFFENCES AND FINES ................................................................................................................................................................. 40
STOP ORDERS .............................................................................................................................................................................. 40
VIOLATION TAGS AND TICKETS ................................................................................................................................................... 41
9. GENERAL PROVISIONS .................................................................................................................................................... 42
ACCESS AND PARKING ................................................................................................................................................................ 42
ACCESSORY BUILDINGS ............................................................................................................................................................... 42
ENVIRONMENTAL CONSDERATIONS .......................................................................................................................................... 43
EXISTING SUBSTANDARD PARCELS ............................................................................................................................................. 43
HIGHWAYS AND COLLECTOR ROADS .......................................................................................................................................... 43
NUMBER OF DWELLINGS ON A PARCEL ..................................................................................................................................... 49
OBJECTS PROHIBITED OR RESTRICTED IN YARDS ....................................................................................................................... 49
PROTECTION FROM EXPOSURE HAZARDS .................................................................................................................................. 49
RURAL ROADS ............................................................................................................................................................................. 50
SETBACKS FROM OIL AND GAS WELLS ....................................................................................................................................... 50
SIGNS ........................................................................................................................................................................................... 50
SITE CONDITIONS ........................................................................................................................................................................ 51
SOUR GAS FACILITIES .................................................................................................................................................................. 51
WASTEWATER FACILITIES ........................................................................................................................................................... 51
10. SPECIAL PROVISIONS ...................................................................................................................................................... 52
ALTERNATE ENERGY SYSTEM, COMMERCIAL (CAE) ................................................................................................................... 52
ALTERNATE ENERGY SYSTEM, INDIVIDUAL (IAE) ........................................................................................................................ 57
BED AND BREAKFAST ESTABLISHMENTS .................................................................................................................................... 61
CANNABIS PRODUCTION AND DISTRIBUTION ............................................................................................................................ 61
CANNABIS RETAIL SALES ............................................................................................................................................................. 62
CONFINED FEEDING OPERATIONS AND MANURE STORAGE FACILITIES ................................................................................... 63
GENERAL COMMERCIAL USES .................................................................................................................................................... 63
GUEST HOUSE ............................................................................................................................................................................. 63
HOME OCCUPATIONS ................................................................................................................................................................. 63
INDUSTRIAL PARKS ...................................................................................................................................................................... 63
MANUFACTURED HOMES ........................................................................................................................................................... 64
MANUFACTURED HOME PARKS ................................................................................................................................................. 64
MINOR FARMING ........................................................................................................................................................................ 66
MOTELS ....................................................................................................................................................................................... 66
NATURAL RESOURCE EXTRACTION AND PROCESSING ............................................................................................................... 67
RELOCATED OR MOVED IN BUILDINGS ...................................................................................................................................... 67
SEA CANS ..................................................................................................................................................................................... 67
SERVICE STATIONS AND GAS BARS ............................................................................................................................................. 68
SINGLE PARCEL COUNTRY RESIDENTIAL DEVELOPMENTS AND FARMSTEAD PARCELS ............................................................ 68
WAINWRIGHT AIRPORT .............................................................................................................................................................. 68
11. LAND USE DISTRICTS ....................................................................................................................................................... 70
ESTABLISHMENT OF LAND USE DISTRICTS AND OVERLAYS ....................................................................................................... 70
BOUNDARIES ............................................................................................................................................................................... 70
12. AGRICULTURAL (A) ............................................................................................................................................................. 71
PURPOSE ..................................................................................................................................................................................... 71
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BOUNDARIES ............................................................................................................................................................................... 71
PERMITTED USES ........................................................................................................................................................................ 71
DISCRETIONARY USES ................................................................................................................................................................. 71
REGULATIONS ............................................................................................................................................................................. 72
13. URBAN GENERAL (UG) ..................................................................................................................................................... 73
PURPOSE ..................................................................................................................................................................................... 73
BOUNDARIES ............................................................................................................................................................................... 73
PERMITTED USES ........................................................................................................................................................................ 73
DISCRETIONARY USES ................................................................................................................................................................. 73
REGULATIONS ............................................................................................................................................................................. 73
14. CONTROLLED URBAN DEVELOPMENT (CU) ............................................................................................................. 75
PURPOSE ..................................................................................................................................................................................... 75
BOUNDARIES ............................................................................................................................................................................... 75
PERMITTED USES ........................................................................................................................................................................ 75
DISCRETIONARY USES ................................................................................................................................................................. 75
REGULATIONS ............................................................................................................................................................................. 75
15. COUNTRY RESIDENTIAL (CR) ......................................................................................................................................... 77
PURPOSE ..................................................................................................................................................................................... 77
BOUNDARIES ............................................................................................................................................................................... 77
PERMITTED USES ........................................................................................................................................................................ 77
DISCRETIONARY USES ................................................................................................................................................................. 77
REGULATIONS ............................................................................................................................................................................. 77
16. LAKESIDE RESIDENTIAL (LR) ......................................................................................................................................... 79
PURPOSE ..................................................................................................................................................................................... 79
BOUNDARIES ............................................................................................................................................................................... 79
PERMITTED USES ........................................................................................................................................................................ 79
DISCRETIONARY USES ................................................................................................................................................................. 79
REGULATIONS ............................................................................................................................................................................. 79
17. RECREATIONAL (RC) ......................................................................................................................................................... 82
PURPOSE ..................................................................................................................................................................................... 82
STATEMENT OF INTENT .............................................................................................................................................................. 82
BOUNDARIES ............................................................................................................................................................................... 82
PERMITTED USES ........................................................................................................................................................................ 82
DISCRETIONARY USES ................................................................................................................................................................. 82
REGULATIONS ............................................................................................................................................................................. 82
18. INDUSTRIAL (M) ................................................................................................................................................................. 84
PURPOSE ..................................................................................................................................................................................... 84
BOUNDARIES ............................................................................................................................................................................... 84
PERMITTED USES ........................................................................................................................................................................ 84
DISCRETIONARY USES ................................................................................................................................................................. 84
REGULATIONS ............................................................................................................................................................................. 84
19. CLEAR LAKE DIRECT CONTROL (CL-DC) .................................................................................................................... 85
PURPOSE ..................................................................................................................................................................................... 85
BOUNDARIES ............................................................................................................................................................................... 85
PERMITTED USES ........................................................................................................................................................................ 85
DISCRETIONARY USES ................................................................................................................................................................. 85
SUBDIVISION REGULATIONS ....................................................................................................................................................... 85
DEVELOPMENT REGULATIONS ................................................................................................................................................... 85
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20.
AIRPORT VICINITY PROTECTION OVERLAY ................................................................................................... 86
HEIGHT LIMITATIONS .................................................................................................................................................................. 86
RUNWAY AND SURFACE DESIGN REQUIREMENTS ..................................................................................................................... 86
AIRPORT ZONING REFERENCE POINT ELEVATION ...................................................................................................................... 86
REFERRALS .................................................................................................................................................................................. 86
21. LAND USE BYLAW MAPS ................................................................................................................................................ 87
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1.
INTRODUCTION
TITLE
1.1.1
The title of this Bylaw shall be the Municipal District of Wainwright Land Use Bylaw 1695.
REPEAL
1.2.1
Bylaw No. 1318, the former Municipal District of Wainwright Land Use Bylaw (as amended) is repealed and shall cease to
have effect on the day that this Land Use Bylaw comes into effect.
COMMENCEMENT
1.3.1
This Bylaw comes into effect upon the date of its third reading by Council.
PURPOSE
1.4.1
The purpose of this Bylaw is to regulate and control the use and development of land and buildings within the municipality to
achieve the orderly and economic development of land, and for that purpose, amongst other things:
a.
to divide the municipality into land use districts;
b.
to prescribe and regulate for each land use district the purposes for which land and buildings may be used unless
the district is designated as a Direct Control District pursuant to section 641 of the Municipal Government Act, R.S.A.
2000, c. M-26, as amended;
c.
to establish the office of the Development Authority;
d.
to establish a method of making decisions on applications for development permits including the issuing of
development permits;
e.
to provide the manner in which notice of the issuance of a development permit is to be given;
f.
to establish a system of appeals against the decisions of the Subdivision Authority and the Development Authority;
g.
to establish the number of dwelling units permitted on a parcel;
h.
to protect important natural and ecological features of the municipality; and
i.
to follow:
i
adopted statutory plans and policies;
ii the Municipal Government Act, R.S.A. 2000, c.M-26, as amended;
iii the Matters Related to Subdivision and Development Regulation, AR84/2022, as amended; and
iv the Provincial Land Use Policies (or, where applicable, a regional plan adopted under the Alberta Land
Stewardship Act, S.A. 2009, c. A-26.8, as amended).
APPLICATION
1.5.1
The provisions of this Bylaw apply to all land and buildings within the boundaries of the Municipal District of Wainwright.
CONFORMITY
1.6.1
No person shall commence any subdivision or development unless it is in accordance with the terms and conditions of this
Bylaw.
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COMPLIANCE
1.7.1
Compliance with the requirements of this Bylaw does not exempt a person from:
a.
The requirements of any federal or provincial legislation;
b.
The policies and regulations of the municipality's statutory plans and bylaws;
c.
Complying with any easement, covenant, agreement, or contract affecting the development.
1.7.2
Nothing in this Bylaw removes the obligation of a person to obtain other permits, licenses or approvals required by other
legislation, statutory plans, or bylaws.
SEVERABILITY
1.8.1
Each separate provision of this Bylaw shall be deemed independent of all other provisions.
1.8.2
If any provision of this Bylaw be declared invalid, that provision shall be severed and all other provisions of the Bylaw shall
remain in force and effect.
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2.
INTERPRETATION
MEASUREMENTS
2.1.1
The metric measurement shall take precedence for the purposes of interpretation of this bylaw.
2.1.2
The imperial measures are approximate and are provided only for information.
2.1.3
Unless specified elsewhere in this bylaw, measurements shall be rounded to the tenth decimal place.
DEFINITIONS
2.2.1
Where a term is defined in both provincial legislation and this bylaw, the definition in the legislation shall prevail.
2.2.2
For the interpretation of this bylaw:
1. ABATTOIR
Means the use of land or buildings as a facility for the slaughtering of animals and the processing
of meat products.
2. ABUT/ABUTTING
Means immediately contiguous or physically touching, and, when used with respect to a parcel
or site, means that the parcel or site physically touches upon another parcel or site, and shares a
property line or boundary line with it.
3. ACCESSORY BUILDING
Means a building separate and subordinate to the main building, the use of which is incidental to
that of the main building and located on the same parcel.
4. ACCESSORY USE
Means a use incidental and subordinate to the main use or building and located on the same
parcel with such main use or building.
5. ACT
Means the Municipal Government Act, RSA 2000, c M-26, as amended.
6. ADJACENT
Means land that is immediately
contiguous to a site, or would
be immediately contiguous to a
site if not for a road, lane,
walkway, watercourse, utility
lot, pipeline right-of-way, power
line, railway, or similar feature.
7. AERODROME
Means any area of land, water (including the frozen surface thereof) or other supporting surface
used or designed, prepared, equipped or set apart for use either in whole or in part for the
arrival, departure, movement, or servicing of aircraft and includes any buildings, installations and
equipment situated thereon or associated therewith. Aerodromes include water aerodromes
and heliports.
8. AGRI-TOURISM
Means an agriculturally based operation or activity that brings visitors to a farm or ranch. Agri-
tourism includes, but is not limited to, buying produce direct from a farm stand, navigating a
corn maze, picking fruit, feeding animals, and may include overnight accommodations as
secondary uses with appropriate permits.
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9. AGRICULTURAL
OPERATION
Means an agricultural operation as defined in the Agricultural Operation Practices Act, R.S.A.
2000, c. A-7, as amended.
10. AGRICULTURAL USES
Means farming activities including: extensive agriculture, intensive agriculture, agri-tourism,
industrial agriculture, value-added agriculture, and confined feeding operations. Agricultural uses
do not include cannabis production and distribution facilities.
11. AGRICULTURE,
EXTENSIVE
Means the use of land or buildings, excluding dwellings, for an agricultural operation, which
requires large tracts of land (usually in the order of 32.4 ha (80.0 ac.) or greater in area), but not
including intensive agriculture, confined feeding operations, or cannabis production and
distribution facilities.
12. AGRICULTURE,
INDUSTRIAL
Means an industrial activity involving the processing, cleaning, packing or storage of agricultural
products, or providing products or services directly related to the agricultural industry.
Agricultural industry includes, but is not restricted to, seed cleaning and/or processing plants,
feed mills, bulk fertilizer distribution plants, crop spraying, a licensed industrial hemp production
facility, and grain elevators, but does not include the manufacture of processed foods from
agricultural products or abattoirs. This use does not include cannabis production and distribution
facilities.
13.
AGRICULTURE,
INTENSIVE
Means a commercial agricultural operation which raises crops on a land-intensive basis. Without
restricting the generality of the foregoing, this shall include commercial nurseries, greenhouses,
market gardens, apiaries, silviculture and sod farms, but not confined feeding operations. This
use does not include cannabis production and distribution facilities.
14. AGRICULTURE, SMALL
SCALE OPERATION
Means a less land intensive agricultural opperation that operates on a smaller agricultural parcel
(typically less than 16.2 ha (40.0 acres). Value Added Agriculture does not include intensive
agriculture, cannabis production and distribution, or confined feeding operations.
15. AGRICULTURE, VALUE
ADDED
Means an agricultural industry which economically adds value to a product by changing it from
its current state to a more valuable state.
16. AIRPORT
Means an aerodrome for which, under Part III of the Canadian Aviation Regulations, an airport
certificate has been issued by the Minister.
Within the context of the Airport Vicinity Protection Overlay portion of this land use bylaw,
airport means the Wainwright Airport.
17.
AIRPORT ZONING
REFERENCE POINT
ELEVATION
Means the airport zoning reference point elevation of the runway as the Airport Vicinity Overlay
of this land use bylaw.
18. AIRPORT RUNWAY
Means the area of land within the airport that is used or intended to be used for the take-off and
landing of aircraft.
19.
ALCOHOL RETAIL
SALES
Means an establishment or that part of an establishment possessing a Class D liquor license
which is used for the retail sales of all types of alcoholic beverages to the public for consumption
off premises. This use may include, as well as the sale of alcohol, the retail sales of related
products such as soft drinks and snack foods. This does not include licensed cannabis retail sales
establishments.
20.
ALTERNATE ENERGY
SYSTEM
Means a use producing energy fueled from sources such as sunlight, water, wind, geo-thermal,
or organic materials, but not fossil fuels (liquids, gases, or solids), either directly, via conversion,
or through biochemical/bio-mechanical/chemical mechanical/bio-chemical mechanical
processes. Examples of such uses are, but not limited to, anaerobic digester, biodiesel,
bioenergy, composting, gasification, geo-thermal facility, microhydro, solar energy conversion,
wind energy conversion, and waste to energy.
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Municipal District of Wainwright | Land Use Bylaw PAGE 5
21.
ALTERNATE ENERGY
SYSTEM,
COMMERCIAL
Means a use producing energy fueled from sources such as sunlight, water, wind, geo-thermal,
or organic materials, but not fossil fuels (liquids, gases, or solids), either directly, via conversion,
or through biochemical/bio-mechanical/chemical mechanical/bio-chemical mechanical processes
for distribution offsite and/or commercially. Examples of such uses are, but not limited to,
anaerobic digester, biodiesel, bioenergy, composting, gasification, geo-thermal facility,
microhydro, solar energy conversion, wind energy conversion, and waste to energy.
22.
ALTERNATE ENERGY
SYSTEM, INDIVIDUAL
Means a use producing energy fueled from sources such as sunlight, water, wind, geo-thermal,
or organic materials, but not fossil fuels (liquids, gases, or solids), either directly, via conversion,
or through biochemical/bio-mechanical/chemical mechanical/bio-chemical mechanical processes
for distribution on the site the facility is located. Examples of such uses are, but not limited to,
anaerobic digester, biodiesel, bioenergy, composting, gasification, geo-thermal facility,
microhydro, solar energy conversion, wind energy conversion, and waste to energy.
23. ANAEROBIC DIGESTER
Means a facility or system designed to process animal manure, organic matter, or septic waste
into a bio-gas fuel.
24. ANIMAL UNIT
Means in the context of minor farming, the following numbers of livestock:
a.
2 head of cattle or cow;
b.
2 horses, elk, or deer;
c.
5 goats or sheep;
d.
10 laying hens;
e.
Exotics and others - at the discretion of the Development Authority.
Notwithstanding the above, calves, foals, lambs, kids at mothers' side (not weaned) do not
constitute Animal Units for the purposes of this Land Use Bylaw.
25. APIARY
Means the keeping of honeybees for honey production, and includes a place where bee colonies
(beehives) are kept on a site and where raw honey is processed and stored.
26. ARTERIAL ROAD
Means a road designated as such in the Municipal Development Plan.
27. BARELAND
CONDOMINIUM
Means housing units administered under the Condominium Property Act, R.S.A. 2000, c. C-22, as
amended, which allows for the division of a parcel of land into parcels and common property,
and where "joint control" is applied to a parcel of land (as distinct from a building) in which there
are a number of individually owned parcels of land (parcels) with the joint control being applied
to the entire parcel of land owned by those owning a "parcel". Condominium title is conferred
upon those owning individual parcels with the Condominium Association being responsible for
the common property.
28. BASEMENT
Means the portion of a building which is wholly or partially below grade, having above grade no
more than 1.8 m (5.9 ft) of its clear height which lies below the finished level of the floor directly
above.
29. BASIC STRIP
Means a rectangular area measured 60.0 m (196.8 ft.) out from each end of the runway, 30.0 m
(98.4 ft.) on each side of the centre line of the runway, and with a total length of 1,034.4 m
(3,393.7 ft.).
30. BED AND BREAKFAST
ESTABLISHMENT
Means an accessory use within a single detached, owner occupied dwelling where temporary
sleeping accommodations, excluding those used by the owner/operator/primary resident(s)),
with or without meals, are provided for remuneration to members of the public.
31. BERM
Means a landscaped mound of earth.
32. BIOENERGY
Means the development of energy stored in biological raw materials (wood, wood chips, bark,
agricultural residue, animal manure, paper, cardboard, food and food waste, and organic yard
waste, etc.), using mechanical, thermal, aerobic, anaerobic biological or chemical processes into
solid, liquid or gas fuels.
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33. BIODIESEL
Means a form of diesel fuel produced from animal fat or vegetable oil using chemical processes.
34. BREEDING FACILITY
Means a commercial facility where domestic animals are kept, bred, bought, and/or sold.
35. BUFFER
Means berms, fencing and planting for the purpose of screening noise, views, dust, sprays and
uses between properties where off-site impacts may occur.
36. BUILDING
Means anything, whether temporary or permanent, constructed or placed on, in, over, or under
land but does not include a highway or road or a bridge forming part of a highway or road.
37. BUILDING AREA
See 'Floor Area.'
38. BUILDING HEIGHT
Means the vertical distance measured from the average grade level at the subject building to the
higher of the highest point of a flat roof, or the average level between the eaves of the subject
building and the top ridge of a pitched roof on the subject building.
39.
BULK FUEL STORAGE
AND SALES
Means lands, buildings and structures for the storage and distribution of fuels and oils including
retail sales and key/card lock operations.
40. CAMPGROUND
Means a development on a parcel of land which has been planned and improved for seasonal
accommodation for tents and/or recreational vehicles. A campground includes related accessory
buildings including, but not limited to, administrative offices, security suite, washrooms and
shower facilities, playgrounds, laundry facilities, firewood storage, water supply, sewage disposal
facilities, waste collection facilities, recycling facilities and may also include day use areas and
seasonal cottage rentals.
The use of manufactured homes on a year-round basis is not included.
41. CANNABIS
Means cannabis, as defined in the federal Cannabis Act.
42. CANNABIS, MEDICAL
Means cannabis that is intended for medical purposes in accordance with applicable federal law;
43.
CANNABIS ACCESSORY
Means an object that is commonly used in the consumption or production of cannabis. A
cannabis accessory includes, but is not limited to, rolling papers or wraps, holders, pipes, water
pipes, bongs, and vaporizers;
44.
CANNABIS ACCESSORY
RETAIL SALES
Means a retail outlet which specializes in the sale of cannabis accessories, drug paraphernalia
related to consumption of cannabis, other recreational drugs, and new age herbs, as well as art,
magazines, music, clothing, and home décor. This does not include cannabis retail sales or
cannabis production and distribution.
45.
CANNABIS LOUNGE
Means a development where the primary purpose of the facility is the sale of cannabis to the
eligible public, for consumption within the premises that is authorized by provincial or federal
legislation. This use does not include cannabis production and distribution facilities.
46.
CANNABIS
PRODUCTION AND
DISTRIBUTION
FACILITY
Means a development used principally for one or more of the following activities relating to
cannabis:
1.
the production, cultivation, and growth of cannabis;
2.
the processing of raw materials;
3.
the making, testing, manufacturing, assembling, or in any way altering the chemical or
physical properties of semi-finished or finished cannabis goods or products;
4.
the storage or shipping of materials, goods, or products, or;
5.
the distribution and sales of materials, goods, and products to the Alberta Gaming,
Liquor, and Cannabis Commission.
47. CANNABIS RETAIL
SALES
Means a development used for the retail sales of cannabis that is authorized by provincial or
federal legislation. This use may include retail sales of cannabis accessories, as defined in the
20 JUNE 2023 v. 3.0
Municipal District of Wainwright | Land Use Bylaw PAGE 7
Cannabis Act, S.C. 2018, c. 16, as amended or replaced. This use does not include cannabis
production and distribution facilities.
48. CARPORT
Means a roofed structure used for storing or parking not more than two (2) vehicles and which
has not less than forty percent (40%) of its total perimeter open and unobstructed.
49. CAR WASH
Means a building or part of a building where mechanical equipment is used for the washing of
automobiles.
50. CEMETERY
Means a development for the entombment of the deceased, which may include the following
accessory developments: crematories, cineraria, columbaria, and mausoleums. Typical uses
include memorial parks, burial grounds, gardens of remembrance, and pet cemeteries.
51.
CHILD CARE FACILITIES
Means a provincially licensed development providing daytime personal care, maintenance and
supervision of seven (7) or more children under the age of eleven (11) years. Child care facilities
include day care centres, day nurseries, kindergartens, nursery schools, play schools and after
school or baby-sitting programs which satisfy this definition. Child care facilities shall not include
a day home, a family care facility, a group care facility, or a school operated by a School Division.
52. COGENERATION
The joint production, in a sequential process, of electricity (or mechanical energy) and useful
thermal energy (hot water or steam).
53. COLLECTOR ROAD
Means a road designated as such in the Municipal District of Wainwright Municipal Development
Plan.
54. COMMERCIAL USE
Means a business through which products, services, or entertainment are available to
consumers, whether the public or other commercial establishments. Commercial use shall
include: bus depots, business services, drive-in businesses, funeral homes, retail stores,
greenhouses, medical clinics, hotels, mail and parcel delivery services, office uses, and personal
services. This use does not include: the manufacturing of products, cannabis lounges, cannabis
accessory retail sales, or cannabis retail sales establishments.
55. COMMERCIAL USE,
RURAL
Means an establishment which retails or distributes goods or services relating to farming or
other agricultural activities, but which does not include the processing of raw materials or
operation of an industry. This use includes farm stores.
56.
COMMUNICATION
TOWER
Means radio communication and broadcasting antenna systems as defined by Industry Canada
and mandated under the Radio Communication Act, R.S.C., 1985, c. R-2, as amended. These
structures may include an antenna and some type of supporting structure, often called an
antenna tower and equipment shelter. The antenna system is used to receive and/or transmit
radio-frequency (RF) signals, microwave signals, or other federally-licenced communications
energy transmitted from, or to be received by, other antennas.
57. CONFINED FEEDING
OPERATION
Means a confined feeding operation as defined in the Agricultural Operation Practices Act, R.S.A.
2000, c. A-07, as amended.
58. CONTRACTING
SERVICES
Means a development used for the provision of building construction, landscaping, concrete,
electrical, excavation, drilling, heating, plumbing, paving, road construction, sewer or similar
services of a construction nature which require onsite storage space for materials, construction
equipment or vehicles normally associated with general contracting services.
59. COUNCIL
Means the Council of the Municipal District of Wainwright.
60. COUNTRY RESIDENCE
Means any dwelling intended to be used for a rural residential purpose, an existing developed
rural residence, or a farmstead, which has been subdivided out of a quarter section.
61. DAY HOME
Means an accessory use within a dwelling unit used to provide care and supervision, for adults or
children in accordance with the Child Care Licensing Act, S.A. 2007, c. 10.5, as amended, as well
as any other applicable Provincial or Federal legislation.
62. DECK
Means any open structure having a height greater than 0.6 m (2.0 ft.) above grade, thereby
requiring stairs and railings as outlined in regulations approved under the Safety Codes Act,
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R.S.A. 2000, c. S-01, as amended. A deck shall not have walls higher than 1.2 m (4.1 ft.) from the
surface of the deck floor, or a roof.
63. DEVELOPER
Means an owner, proponent, agent or any person, firm or company required to obtain or having
obtained a development permit or subdivision approval.
64. DEVELOPMENT
Means:
a.
an excavation or stockpile and the creation of either of them; or
b.
a building or an addition to or replacement or repair of a building and the construction
or placing of any of them in, on, over or under land; or
c.
a change of use of land or a building or an act done in relation to land or a building that
results in or is likely to result in a change in the use of the land or building; or
d.
a change in the intensity of use of land or a building or an act done in relation to land or
a building that results in or is likely to result in a change in the intensity of use of the
land or building; or
e.
those definitions of development included in the Act.
65. DEVELOPMENT
AUTHORITY
Means the Development Authority established by the municipality's Development Authority
Bylaw.
66.
DEVELOPMENT
AUTHORITY OFFICER
Means the Development Authority Officer established by the municipality's Development
Authority Bylaw and appointed by Council.
67. DEVELOPMENT
PERMIT
Means a document authorizing a development issued pursuant to this Bylaw.
68.
DIRECT ACCESS
WITHIN A
RESIDENTIAL
BUILDING
Means that access can be gained to every room in the dwelling from within the dwelling.
69. DISCONTINUED
Means the time at which, in the opinion of the Development Authority, substantial construction
activity or use, whether conforming or not conforming to this Bylaw, has ceased.
70. DISCRETIONARY USE
Means the use of land or a building provided for in this Bylaw for which a development permit
may or may not be issued, at the discretion of the Development Authority. Discretionary uses are
listed in the districts in which they may be considered.
71. DRIVE-IN BUSINESS
Means an accessory use that provides rapid customer service to patrons in a motor vehicle and
may have outdoor speakers provided. This land use includes, but is not limited to, drive through
financial institutions, drive through/in food services and similar developments providing drive
through/in service in which patrons generally remain within their vehicles.
72. DWELLING
Means any building used exclusively for human habitation. This definition shall include single
detached dwellings, duplexes, row housing, apartments, and manufactured dwellings. This use
does not include recreational vehicles, hospitals, hotels, or motels.
73. DWELLING,
APARTMENT
Means a dwelling containing three (3) or more dwelling units, but shall not mean row housing.
74. DWELLING, DUPLEX
Means a dwelling containing two (2) dwelling units which share a common wall, and which are
located either side by side or one above the other.
75.
DWELLING,
MANUFACTURED
HOME
Means a dwelling which conforms to Canadian Standards Association Z240 Standard or any
successor, whether ordinarily equipped with wheels or not, that is designed to be transported,
and upon arriving at the site for location is, apart from incidental operations such as placement
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of foundation supports and connections of utilities, ready for year round use as accommodation
for a single household.
This definition shall include a building that would otherwise be considered to be a one family
dwelling if the roof pitch were greater than 1:4, if the depth of eaves were greater than 30.4 cm
(12.0 in.), or if the ratio of depth vs. width (or width vs. depth) were less than 2.5:1. If the roof
pitch is less than 1:4, if the eaves are less than 30.4 cm (12.0 in.), or if the ratio noted above is
more than 2.5:1, the building shall be considered to be a manufactured home. (Bylaw-14-50)
76. DWELLING, ROW
HOUSE
Means a building consisting of at least three (3) dwelling units with each unit having direct access
to the outside grade, but shall not mean apartment.
77. DWELLING, SEASONAL
Means a dwelling that lacks one or more of the basic amenities or utilities required for year-
round occupancy or use such as: a permanent heating system, insulation, and/or year-round
usable plumbing.
78. DWELLING, SINGLE
DETACHED
Means a building consisting of one (1) dwelling unit. A single detached dwelling is a dwelling
which is normally constructed on-site. However, a single detached dwelling may be constructed
in pieces offsite, or even in one piece, with the piece(s) being transported to the site for
assembly on-site, and thus may be a modular dwelling.
79. DWELLING UNIT
Means a complete dwelling or self-contained portion of a dwelling, or a set or suite of rooms in a
non-residential building which contains sleeping, cooking and separated or shared toilet facilities,
intended for domestic use, and used or intended to be used permanently or semi-permanently
as a residence for a household, and which is not separated from direct access to the outside by
another separate dwelling unit.
80. ESTABLISHED GRADE
Means the average of the highest (A)
and lowest (B) elevation of finished
surface of the ground where it meets
the exterior main walls of a building or
the average elevation of the finished
grade of the ground immediately
surrounding a structure, exclusive in
both cases of any artificial
embankment or entrenchment.
81. EXTERIOR WALL
Means the outermost point of a building projection, including, but not limited to, bay windows,
oval windows, bow windows, chimneys, and verandas, but not including roof overhangs less than
0.6 m (2.0 ft.).
82. FAMILY CARE FACILITY
Means a facility, which provides resident service in a dwelling to six (6) or fewer individuals who
are not related to the resident household. These individuals are handicapped, aged, disabled, or
in need of adult supervision and are provided service and supervision in accordance with their
individual needs. This category includes foster or boarding homes for children, group homes and
family homes.
83. FARMING
See "Extensive Agriculture"
84. FARMSTEAD
Means the currently inhabited or formerly inhabited residence or other improvements
connected with a farm or other agricultural use. Farmstead also includes a currently vacant site,
which is intended to be used as a country residence.
85. FENCE
Means a vertical physical barrier constructed to try to reduce sound or visual intrusion or to limit
unauthorized access.
86. FERMENTATION
Means the process of extracting energy from the oxidation of organic compounds
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87. FINISHED GRADE
Means the ground elevation established for the purpose of determining the number of stories
and the height of a building or structure. Finished grade, or grade, shall be determined by
averaging finished level of the ground adjacent to the foundation of the principal building.
88. FLOOR AREA
Means the total gross floor area of a building, or portion of building, measured from the exterior
walls. Floor area includes basements but does not include exterior balconies, decks, or patios.
89. FRAGMENTED PARCEL
Means a parcel of land or a part of a parcel of land that is separated from the balance of the
parcel of land by a natural barrier such as a river or coulee a permanent naturally-occurring
waterbody, a railroad, or a road, but not an undeveloped road on a Road Plan, or a barrier to the
crossing of cultivation equipment created by substantial topography, such as a ravine, gulley or
small, possibly intermittent, watercourse. The determination that such a topographic barrier is a
fragmenting feature for the purpose of subdivision shall be at the discretion of the Subdivision
Authority.
90. FRONT LINE
Means the boundary line of a parcel lying adjacent to a highway or road or, in the case of a
parcel lying adjacent to a water body or a Reserve parcel adjacent to a water body, the boundary
line of the parcel lying adjacent to the water body of the Reserve parcel. In the case of a corner
parcel, the shorter of the two boundaries.
91. GASIFICATION
Means the process of converting organic or fossil fuel-based materials into nitrogen, carbon
monoxide, hydrogen, and carbon dioxide to produce Syngas.
92. GENERAL
COMMERCIAL USE
Means an establishment which retails or distributes goods or services, or which provides
personal services or entertainment, but which does not include the processing of raw materials
or operation of an industry.
93. GEOTHERMAL,
INDIVIDUAL
Means an individual alternate energy system consisting of a complete system required to
convert the heat content of geothermal fluid into mechanical power to drive a generator and
produce electric power for private use, including loop system and additional conversion
electronics required for use on the site that the AES is located.
94. GOVERNMENT
SERVICES
Means a development where municipal, provincial, or federal government services are provided
directly to the public. Government services do not include protective and emergency services,
major and minor utility services, and public education facilities. Government services may
include government administration offices, courthouses, postal distribution offices, manpower
and employment offices and social services offices.
95. GREENHOUSE/PLANT
NURSERY
Means development for the growing, acclimating, propagating, harvesting, displaying and retail
sale of fruits, vegetables, bedding plants, household, and ornamental plants, including trees for
landscaping or decorative purposes, and that are not accessory to an agricultural use. It may
include accessory uses related to the storing, displaying, and selling of gardening, nursery, and
related products. This use does not include cannabis production and distribution facilities,
cannabis retail sales establishments, or industrial hemp production and distribution facilities.
96. GROUP CARE FACILITY
Means a facility, which provides resident services to seven (7) or more individuals of whom one
or more may be related. These individuals are handicapped, aged, or disabled, and undergoing
rehabilitation, and are provided services to meet their needs. This category includes supervised
uses such as group homes (all ages), halfway houses, resident schools, resident facilities and
foster or boarding homes.
97. GROUP HOME
Means a development consisting of the use of a dwelling as a facility which is authorized,
licensed, or certified by a public authority to provide room and board for foster children or
disabled persons, or for persons with physical, mental, social, or behavioral problems and which
may be for the personal rehabilitation of its residents either through self-help or professional
care, guidance, or supervision. The residential character of the development shall be primary
with the occupants living together as a single housekeeping group and using shared cooking
facilities. This does not include drug or alcohol addiction treatment centres.
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98. GUEST CABIN
Means an accessory building to single detached dwelling, which contains a dwelling unit or part
of a dwelling unit, which is used solely by members of the family or by temporary guests of the
family occupying the single detached dwelling.
99. HAMLET
Means the unincorporated communities of the municipality.
100. HEAVY INDUSTRIAL
USE
Means manufacturing, warehousing, or transshipment establishments which may become
obnoxious to surrounding properties by way of noise, odours, smoke, dust, or fumes.
101.
HEIGHT, WIND
ENERGY CONVERSION
FACILITY
Means the height from grade to the highest vertical extension of a wind energy conversion
facility.
In the case of a wind energy conversion facility 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. (Bylaw 1491)
102. HELIPORT
Means an aerodrome or a defined area on a structure intended to be used wholly or in part for
the arrival, departure, and surface movement of helicopters.
103. HIGHWAY
Means a highway as defined in or designated in accordance with the Public Highways
Development Act or any successor legislation. (Bylaw1450)
104. HIGHWAY
COMMERCIAL USE
Means a commercial use intended to serve the motoring public and includes, but is not limited
to, service or gas stations, drive-in restaurants, and motels.
105. HOME OCCUPATION
Means any business, occupation, trade, profession, or craft carried on by an occupant of a
dwelling as a use secondary to the residential use of the parcel, and which does not significantly
change the character thereof. A home occupation may include business conducted within
accessory buildings developed on the parcel.
106. HORIZONTAL ACCESS
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. (Bylaw 1491)
107. HOTEL
Means a commercial development used to provide temporary sleeping accommodation to the
public, and which may also contain a restaurant, bar, or pub. This use includes motels.
108. HOUSEHOLD
Means:
a.
a person; or
b.
two (2) or more persons related by blood, marriage, or adoption; or
c.
a group of not more than three (3) persons who are not related by blood, marriage, or
adoption;
all living together as a single housekeeping group and using shared cooking facilities. A
household may also include bona fide servants.
109.
INDUSTRIAL HEMP
Means a cannabis plant - or any part of that plant - in which the concentration of THC is zero
point three percent (0.3%) w/w or less in the flowering heads and leaves, as defined in Industrial
Hemp Regulations, SOR/2018-145, as amended or replaced.
110.
INDUSTRIAL HEMP
PRODUCTION FACILITY
Means the use of land, buildings, or structures licensed and/or authorized to possess, sell,
provide, ship, deliver, transport, destroy, produce, export and/or import industrial hemp,
including related research, under the Industrial Hemp Regulations, SOR/2018-145, as amended,
or replaced. This does not include cannabis retail sales or cannabis production and distribution
facility, or the outdoor cultivation of industrial hemp.
111. INDUSTRIAL USE,
LIGHT
Means manufacturing, warehousing, or transshipment establishments which will not become
obnoxious to surrounding properties by way of noise, odours, smoke, dust, or fumes, usually
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because all operations are carried out indoors and there is no external evidence of the industrial
use.
112.
INDUSTRIAL USE,
RURAL
Means an industrial development involving:
1.
the initial processing or storage of forestry or mineral product which because of odour,
noise or inflammable material require large tracts of land for environmental protection;
or
2.
warehousing or storage of forestry or mineral material, goods and processing or
transportation equipment; or
3.
natural resources processing industries whose location is tied to the resource; or
4.
provision of large scale transportation and vehicle service facilities involved in the
transportation of forestry or mineral products.
113. INSTITUTIONAL USE
Means use types including but is not limited to public offices, educational facilities (schools),
cemeteries, funeral homes, libraries and cultural exhibits, places of worship and churches.
114. LANDFILL
Means a waste management facility at which waste is disposed of by placing it on or in land, but
does not include a land treatment facility, a surface impoundment, a salt cavern, or a disposal
well.
115.
LANDSCAPING
Means the modification and enhancement of a site using any of the following elements:
1.
vegetation such as lawns, trees, shrubs, hedges, ground cover, ornamental plantings, or
similar;
2.
architectural such as fences, screening, walks, or other structures and materials used in
landscape architecture.
116. LANE
Means a narrow roadway intended chiefly to give access to the rear of buildings and parcels of
land, also known as an alley, as defined by the Traffic Safety Act, R.S.A. 2000, c. T-6, as amended.
117. LIVESTOCK
Means livestock as defined in the Agricultural Operation Practices Act, R.S.A. 2000, c. A-07, as
amended.
118. LIVESTOCK SALES
YARD
Means any enclosed area of land, with or without accessory buildings or structures, upon which
livestock is collected for sale or for market distribution.
119. LOT
See "Parcel."
120. MAIN BUILDING
Means a building in which is conducted the main or principal use of the parcel on which it is
erected.
121. MAIN USE
Means the principal use of the parcel on which it occurs.
122. MAINTENANCE
Means the upkeep of the physical form of any building which does not require a permit pursuant
to the Safety Codes Act, R.S.A. 2000, c. S-01, as amended. Maintenance will include painting,
replacing flooring, replacing roofing materials, but will not include any activity that will increase
the habitable floor area of any dwelling unit or the internal volume of any building.
123. MANUFACTURED
HOME PARK
Means a parcel of land used for multiple manufactured dwellings where the development is
planned and divided into stalls for long term accommodation.
124. MANURE STORAGE
FACILITY
Means a manure storage facility as defined in the Agricultural Operation Practices Act, R.S.A.
2000, c. A-07, as amended.
125. MEDICAL CLINIC
Means a development used for the provision of physical and mental health services on an
outpatient basis. Services may be of a preventative, diagnostic, treatment, therapeutic,
rehabilitative, or counseling nature. Typical uses include doctors' offices, diagnostic services,
laboratories, chiropractic services, and hospitals.
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126. MICRO-HYDRO
Means a type of individual alternative
energy system that consists of a
hydroelectric power facility, producing up
to 100kW of electricity, using the natural
flow of water.
127. MINOR FARMING
Means, the keeping of livestock in the Country Residential (CR) District. Minor farming shall
include a maximum number of livestock based on the size of the parcel of land on which the
minor farming is being carried out.
128. MIXED USE
DEVELOPMENT
Means a building including more than one land use, which are uses listed within the same Land
Use District, on the same site, such as residential and retail stores, residential and office uses, or
restaurant and office developments.
129. MUNICIPALITY
Means the Municipal District of Wainwright, unless otherwise noted.
130. MUNICIPAL PLANNING
COMMISSION
Means the municipal planning commission of the Municipal District of Wainwright established by
the Municipal Planning Commission Bylaw.
131.
NATURAL RESOURCE
EXTRACTION AND
PROCESSING
Means an industry engaged in the extraction of natural resources such as clay, sand, gravel, coal,
peat, and other minerals including petroleum and natural gas, and which may include the
processing of these through primary treatment into a raw marketable form. Natural resource
extraction does not include: industrial agriculture, forestry services, pulp mills or large scale
transportation and vehicle service facilities involved in the transport of forestry or mineral
products.
132. NON-CONFORMING
BUILDING
Means a building:
a.
that is lawfully constructed or lawfully under construction at the date a land use bylaw
or any amendment thereof affecting the building or the land on which the building is
situated becomes effective; and
b.
that on the date the land use bylaw becomes effective does not, or when constructed
will not, comply with the land use bylaw.
133. NON-CONFORMING
USE
Means a lawful specific use:
a.
being made of land or a building or intended to be made of a building lawfully under
construction at the date a land use bylaw affecting the land or building becomes
effective; and
b.
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.
134. NUISANCE
Means any act or deed, or omission, or thing, which is or could reasonably be expected to be
annoying, or troublesome, or destructive or harmful, or inconvenient, or injurious to another
person and/or their property, or anything troublesome or bothersome to other people whether
such act or deed or omission or thing constitutes nuisance at common law. For the purposes of
this bylaw nuisance shall not include activities associated with agricultural operations if they do
not contravene generally accepted agricultural practices as defined in the Agricultural
Operations and Practices Act R.S.A. 2000, c. A-07, as amended.
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135. OBNOXIOUS
Means, when used with reference to a development, a use which by its nature, or from the
manner of carrying on the same, or which may create noise, vibration, smoke, dust or other
particulate matter, odour, toxic or non-toxic matter, radiation, fire, or explosive hazard, heat,
humidity, glare, or unsightly storage of goods, materials, salvage, junk, waste or other materials
which, in the opinion of the Development Authority, may be or may become a nuisance, or which
adversely affect the amenities of the neighbourhood, or which may interfere with the normal
enjoyment of any land or building. For the purposes of this bylaw obnoxious shall not include
activities associated with agricultural operations if they do not contravene generally accepted
agricultural practices as defined in the Agricultural Operations and Practices Act R.S.A. 2000, c. A-
07, as amended.
136. OCCUPANCY
Means the use or intended use of a building or part thereof for the shelter or support of persons
or property.
137. OCCUPANT
Means any person occupying or having control over the condition of any property and the
activities conducted on the property, and includes the owner, lessee, tenant, or agent of the
owner.
138. OFFICE USE
Means a development used to provide professional, management, administrative and consulting
services in an office environment, but does not include financial services or medical clinics.
Typical office uses include: accounting, architectural, employment, engineering, insurance,
investment, legal, real estate, secretarial and travel agent services.
139. OFFENSIVE
Means, when used with reference to a development, a use which by its nature, or from the
manner of carrying on the same, creates or is liable to create by reason of noise, vibration,
smoke, dust or other particulate matter, odour, toxic or non-toxic matter, radiation, fire, or
explosive hazard, heat, humidity, glare, or unsightly storage of goods, materials, salvage, junk,
waste or other materials, a condition which, in the opinion of the Development Authority, may
be or may become hazardous or injurious to health or safety, or which adversely affects the
amenities of the neighbourhood, or interferes with or may interfere with the normal enjoyment
of any land or building. For the purposes of this bylaw obnoxious shall not include activities
associated with agricultural operations if they do not contravene generally accepted agricultural
practices as defined in the Agricultural Operations and Practices Act R.S.A. 2000, c. A-07, as
amended.
140. OPEN SPACE
Means land and water areas which are retained in an essentially undeveloped state and often
serve one or more of the following uses: conservation of resources; ecological protection;
recreation purposes; historic or scenic purposes; enhancement of community values and safety;
maintenance of future land use options.
141. OUTDOOR STORAGE
Means an outdoor area for the storage of equipment, goods, materials, motor vehicles,
recreational vehicles, or products associated with a business on that same parcel.
142. OUTER SURFACE
Means lands that exist immediately beyond the boundaries of an airport take-off/approach
surface.
143. OUTLINE PLAN
Means a detailed land use plan for an area that provides a framework for subsequent subdivision
and development of that land, and which conforms to all approved Statutory Plans. An Outline
Plan or (Site Development Plan) is adopted by resolution of Council, Pursuant to Part 17 of the
Act, and is otherwise equivalent to a "Conceptual Scheme" as described in the Act.
144. OVER SPEED CONTROL
Means a device which prevents excessive rotor speed of a wind energy conversion facility.
145. OWNER
Means
a.
in the case of land owned by the Crown in right of Alberta or the Crown in right of
Canada, the Minister of the Crown having the administration of the land; or
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b.
in the case of any other land, the person shown as the owner of the parcel on the
municipality's assessment roll.
146. PATIO
Means any developed surface adjacent to a building on a site which is less than 0.6 m (2.0 ft)
above ground level.
147. PARCEL
Means:
a.
a quarter section; or
b.
a river or settlement lot shown on an
official plan referred to in the Surveys
Act that is filed or lodged in a Land
Titles Office; or
c.
a settlement lot shown on an official
plan referred to in the Surveys Act
that is filed or lodged in a land titles
office;
d.
a part of a parcel of land described in
a certificate of title if the boundaries of the part are separately described in the
certificate of title other than by reference to a legal subdivision; or
e.
a part of a parcel of land described in a certificate of title if the boundaries of the part
are described in a certificate of title by reference to a plan of subdivision; or
f.
a unit in a Bare Land Condominium Plan.
148. PARCEL, CORNER
Means a parcel with boundary lines on two separate roads or highways or a single road or
highway that curves at an angle of sixty (60) degrees or more at the subject parcel. For the
purposes of this definition, a road or highway shall not include a lane.
149. PARCEL, DOUBLE
FRONTING
Means a parcel which abuts two (2) roads (except alleys or lanes as defined in the Traffic Safety
Act, R.S.A. 2000, c. T-06, as amended) which are parallel or nearly parallel where abutting the
parcel, but does not include a corner parcel.
150. PARCEL, INTERIOR
Means a parcel, which abuts a road only on the front line.
151. PARCEL, LAKEFRONT
Means a parcel adjacent to a waterbody or would be adjacent to a waterbody if not for a reserve
parcel.
152. PARCEL AREA
Means the area of a parcel as shown on a plan of subdivision or described in a certified copy of a
Certificate of Title. Parcel area includes any area dedicated to an easement or a right-of-way.
153. PARCEL COVERAGE
Means the percentage (%) of parcel area covered by buildings and structures 0.6 m (2.0 ft) above
finished grade including any covered projections. Parcel coverage does not include uncovered
swimming pools or uncovered porches, patios (decks less than 0.6 m (2.0 ft) above finished
grade), or driveways.
154. PARCEL DEPTH
Means the average horizontal distance between the front parcel line and the rear parcel line.
155. PARCEL WIDTH
Means the length of a line parallel to the front line or, in a parcel with a curved front line,
perpendicular to a line running between the mid-point of the front line and the mid-point of the
rear line, measured at a distance from the front line equal to the minimum required front yard.
156. PARK MODEL
RECREATIONAL UNIT
Means a recreational vehicle intended for only occasional relocation, which requires connection
to on-site utilities and services. It is not capable of "dry camping" as it does not have any water
or sewer storage tanks and must be used with servicing connections or hookups. A park model
does not meet the requirement of the Alberta Building Code and is not a dwelling.
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157. PARKING LOT
Means a development for the storage and/or parking of vehicles and includes parking stalls,
aisles, entrances and exits and may include loading spaces, traffic islands and landscaping.
158. PERMITTED USE
Means the use of land or a building provided for in this Bylaw for which a development permit
shall be issued upon an application having been made if the proposal satisfies the regulations of
this Bylaw or provides the requirements as established by the Development Authority where, in
this Bylaw, the Development Authority is given the authority and responsibility to establish
requirements or regulations.
159.
PLACE OF WORSHIP
Means a building wherein people regularly gather for worship and related religious,
philanthropic, or social activities. Typical uses include churches, chapels, convents, kingdom halls,
manses, monasteries, mosques, synagogues, and temples. Places of worship may also contain
facilities for eating and drinking establishments as an accessory use and, from time to time, part
of a place of worship may be used as an entertainment establishment.
160. PET, DOMESTIC
Means an animal commonly kept as a pet in a household but does not include livestock.
161. PRINCIPAL BUILDING
Means a building in which is conducted the main or principal use of the site on which it is
erected. There shall only be one principal building on a site.
162. PRINCIPAL USE
Means the primary or main purpose for which a building or land is used.
163.
PRIVATE CAMP
Means social or recreational activities of members of a religious, philanthropic, athletic, business,
or non-profit organization or their guests, with or without on-site campsites or dwelling units,
but generally with an outdoor emphasis. Private camps may include facilities for eating, drinking
and assembly purposes associated with the camp.
164.
PRIVATE CLUB
Means a development used for the meeting, social or recreational activities of members of a
non-profit philanthropic, social service, athletic, business, or fraternal organization, with neither
on-site dwellings nor hotel or motel rentable units. Private clubs may include eating and drinking
establishments and rooms for assembly.
165.
PROTECTIVE AND
EMERGENCY SERVICES
Means a development where the administration of the protection of persons and property from
injury, harm or damage takes place, and where the equipment necessary for such activities is
stored, maintained, and supplied. Protective and emergency services include police stations,
detention centres, fire stations, and accessory training facilities.
166.
PUBLIC EDUCATION
FACILITY
Means a development where educational, training, or instruction occurs under the auspices of a
School Division or under the auspices of an organization authorized by the Province to provide
education like that which would be provided by a School Division. Public education facilities
include the administration offices, storage, and maintenance operations of the School Division.
Public education facilities include public and separate schools, community colleges, universities,
technical and vocational schools, and private academies or "charter schools", and their
administrative offices and maintenance facilities.
167. PUBLIC PARK
Means land providing outdoor public recreation space;
168.
PUBLIC OR QUASI-
PUBLIC BUILDING
Means a building which is owned or leased by a department or agency of the federal or
provincial government, or the municipality for purposes of public administration and services
and shall also include a building for the purpose of assembly, instruction, culture, or
enlightenment, or for community activities.
169.
PUBLIC OR QUASI-
PUBLIC USE
Means a use undertaken by a department or agency of the federal or provincial government, or
the municipality, for public administration and services and shall also include uses for the
purpose of assembly, instruction, culture, or enlightenment, or for community related activities.
170. PUBLIC UTILITY
Means a public utility, as defined in the Act.
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171. PUBLIC UTILITY
BUILDING
Means a building in which the proprietor of the public utility maintains it office or offices and/or
maintains or houses any equipment used in conjunction with the public utility.
172. REAR LINE
Means the boundary line of a parcel lying opposite to the front line of the parcel and/or farthest
from a highway or road. For lakefront parcels, the rear parcel line is the parcel line farthest from
the lake.
173. RECREATIONAL USE
Means a recreational development conducted on a unified basis on a single site where the prime
reason for location is to take advantage of natural physical features including the availability of
large areas of land to provide day-to-day sporting and athletic facilities and the structures
incidental thereto, and includes ski slopes, golf courses, archery, trap and rifle ranges, drive-in
theaters, race tracks, boating, riding, swimming, picnicking, and similar uses, and may include a
refreshment stand incidental to the primary use.
174. RECREATIONAL
VEHICLE
Means a portable unit designed for travel, camping or recreation that provides sleeping and
other facilities for temporary accommodation. A recreational vehicle (RV) is designed for road
travel, and either has its own motor or can be mounted or drawn by another vehicle. It is
equipped with land-to-vehicle service connections (electricity, water and/or sewer). A
recreational vehicle may be, but is not limited to, a tent trailer, travel trailer, park model trailer,
truck camper or motor home. A recreational vehicle is not a dwelling, but shall be considered to
be a dwelling unit when calculating parcel density.
175.
RECREATIONAL
VEHICLE STORAGE
FACILITY
Means a development used for the indoor or outdoor commercial storage of tent trailers, travel
trailers, motor homes, boats, and other similar recreational vehicles.
176. RELOCATED BUILDING
Means a building that was constructed off-site in one (1) piece or in pieces and relocated to
another site but does not include manufactured homes.
177.
RENOVATION
Means an addition to, deletion from, or change to any building which does not require a permit
other than a plumbing, gas, or an electrical permit pursuant to the Safety Codes Act, R.S.A. 2000,
c. S-01, as amended.
178. RENTABLE UNIT
Means a separate unit of a hotel or motel used or intended to be used for the temporary
accommodation of one or more persons.
179. RESIDENTIAL USE
Means the occupation and use of land and buildings by and as dwellings, whether on a seasonal
or year-round basis.
180.
RESORT AND
RECREATIONAL
DEVELOPMENT
Means a recreational vehicle park, a campground, or a similar facility, and includes associated
recreational facilities such as golf courses, riding stables, trails, marinas, etc.
181.
RESTAURANT
Means a development where foods and beverages, including alcoholic beverages are prepared
and served for consumption on site by the public and may include a take-out component as an
accessory development.
182.
RETAIL STORE
Means a development used for the retail sale of a wide range of consumer goods. Typical uses
include grocery stores, plumbing and hardware stores, clothing stores, shoe stores, sporting
goods stores, furniture stores, cannabis accessory retail sales, appliance stores, jewelry stores,
second hand stores or pharmacies. This use does not include liquor stores or cannabis retail sales
establishments.
183. ROOF
Means the top of any enclosure, above or within the vertical walls of a building.
184. ROTOR'S ARC
Means the largest circumferential path travelled by a wind energy conversion facility's blade.
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185. SAFETY CODES ACT
Means the Safety Codes Act, RSA 2000 c. S-1, as amended, and includes the regulations enacted
and codes adopted thereunder from time to time.
186. SEA CAN/SHIPPING
CONTAINER
Means a container originally used for intermodal cargo for marine, rail and truck transport that is
repurposed for use as an accessory building for storage.
187. SECURITY SUITE
Means a self-contained dwelling unit, either detached or within a building, used to provide
accommodation for security personnel in commercial or industrial development.
188. SERVICE STATION
Means development used for the sale of gasoline, other petroleum products and a limited range
of vehicle parts and accessories and may include cardlock facilities. Service stations may include
a convenience retail store and/or car wash.
189. SETBACK
Means, depending on the context of the term, the minimum horizontal distance between
buildings or a parcel boundary and buildings.
190. SHORELINE
Means the bank of the body of water as determined pursuant to the Surveys Act, R.S.A. 2000, c.
S-26, as amended.
191. SIDE LINE
Means the boundary line of a parcel lying between a front line and a rear line of a parcel. In the
case of a corner parcel, the longer of the two boundary lines adjacent to the highway or road
shall be considered a sideline.
192. SIGN
Means any word, letter, model, picture, symbol, device, or representation used, wholly or in
part, as an advertisement, announcement, or direction, and its supporting structure.
193. SIGN AREA
Means the total surface area within the outer edge of a sign, and, in the case of a sign comprised
of individual letters, numerals, or symbols, shall be the area of a rectangle enclosing the letters,
numerals, or symbols. Frames and structural members not bearing advertising matter shall not
be included in the computation of the area of a sign.
194. SIMILAR USE
Means a use which, in the opinion of the Development Authority, closely resembles another
specified use with respect to the type of activity, structure and its compatibility with the
surrounding environment.
195. SITE
Means a parcel or parcel on which a development exists or for which an application for a
development permit is made.
196.
SMALL ANIMAL
BREEDING AND
BOARDING SERVICES
Means a development used for the breeding, boarding, caring, or training of small animals
normally considered household pets for renumeration or kept for the purposes of sale or for
recreational use. Typical facilities include kennels, recreational sled dog use, animal rescue
home, pet boarding, pet training establishments, pet grooming establishments, and pet day
cares.
197. SOLAR ARRAY
Means multiple solar panels used in conjunction to produce electricity.
198.
SOLAR ENERGY
CONVERSION SYSTEM
Means a system using solar panels to collect and convert solar energy into electricity.
199.
SOLAR ENERGY
CONVERSION SYSTEM,
INDIVIDUAL
Means an individual alternate energy system (AES) consisting of a complete system required to
convert solar rays into useable electricity for private use, including solar panels, mounting
equipment, and additional required conversion electronics for use on the site that the AES is
located.
200.
SOLAR FARM
Means any type of commercial alternate energy system which consists of an installation of solar
energy conversion system that is designed to provide for the commercial distribution of
electricity to a utility or other intermediary through connection to the electrical grid or that
occupies greater than 162.5 m2 (1,750 ft.2) of surface area.
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201. SOLAR PANEL, FREE
STANDING
Means a device which is used to convert energy contained within the sun's rays into electricity,
which is not mounted or attached to any other structure for support.
202. STALL
Means an area of land upon which a manufactured home is to be located, and which is reserved
for the exclusive use of the manufactured home's residents, located within a manufactured
home park or campground.
203.
STRUCTURAL
ALTERATIONS
Means the addition to, deletion from, or change to any building which requires a permit other
than a plumbing, gas, or an electrical permit pursuant to the Safety Codes Act, R.S.A. 2000, c. S-
01, as amended.
204.
SUBDIVISION AND
DEVELOPMENT
APPEAL BOARD
Means the Joint Subdivision and Development Appeal Board (JSDAB) established by the Council
by the Subdivision and Development Appeal Board Bylaw adopted pursuant to the Act.
In addition to appeals referred to it by the Municipal District of Wainwright, the JSDAB shall hear
appeals referred to it from decisions made by the Town of Wainwright and the Villages of Irma,
Chauvin, and Edgerton, as identified in the participating municipalities' Joint Subdivision and
Development Appeal Board bylaws.
205. SUBSTANDARD
PARCEL
Means any parcel, which is smaller, in area or in any dimension, than the minimum area or
dimension stipulated in the regulations of the land use district in which the parcel is located.
206. TAKEOFF/APPROACH
SURFRACE
Means the surfaces abutting and extending out from each end of an airport's basic strip; in each
case the surface is an imaginary surface consisting of an inclined plane, as calculated in the
Airport Vicinity Overlay section of this land use bylaw.
207. TEMPORARY
DEVELOPMENT
Means a development for which a development permit has been issued and which is to exist for
a limited time only, as determined by the Development Authority and indicated in the conditions
of the development permit.
208. TOWER, WIND ENERGY
CONVERSION FACILITY
Means the structure of a wind energy conversion facility, which supports the rotor above grade.
209. TRANSFER STATION
Means a facility that receives waste and recycling materials from a community where it is
consolidated by transferring it to a larger vehicle for more efficient and economical transport to
a distant waste disposal or recycling facility.
210. UNDEVELOPED
PARCEL
See 'Vacant Parcel.'
211. UNSUBDIVIDED
QUARTER SECTION
Means a quarter section, lake parcel, river lot or settlement lot that has not been subdivided or
had a parcel of land removed from it except for a public or a quasi-public use or solely for a
purpose exempted from Part 17 of the Act.
212. VACANT PARCEL
Means a parcel which does not contain a residence, building, or structure.
213.
VEHICLE AND
EQUIPMENT REPAIR
SHOP, HEAVY
Means a development where new or used vehicles, trucks, recreational vehicles and other
vehicles and equipment with a gross vehicle weight rating equal to or greater than 6,000.0 kg
(13,227.7 lbs) undergo service and maintenance, including body repair, sandblasting, and/or
painting. This land use includes transmission shops, muffler shops, tire shops, automotive glass
shops and upholstery shops;
214.
VEHICLE AND
EQUIPMENT REPAIR
SHOP, LIGHT
Means a development where new or used vehicles, trucks, recreational vehicles and other
vehicles and equipment with a gross vehicle weight rating less than 6,000.0 kg (13,227.7 lbs)
undergo service and maintenance, including body repair, sandblasting, and/or painting. This land
use includes transmission shops, muffler shops, tire shops, automotive glass shops and
upholstery shops.
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215.
VEHICLE AND
EQUIPMENT
SALES/RENTAL
ESTABLISHMENT,
HEAVY
Means a development where new or used heavy vehicles, machinery or mechanical equipment
typically used in building, roadway, pipeline, oilfield, mining, construction, manufacturing,
assembling, and processing operations and/or agricultural operations are sold or rented,
together with incidental maintenance services and sale of parts.
216.
VEHICLE AND
EQUIPMENT
SALES/RENTAL
ESTABLISHMENT,
LIGHT
Means a development where new or used vehicles, motor homes, and recreational vehicles are
sold or displayed for the purpose of sale, lease, or rental, together with incidental maintenance
services and sale of parts. This use may include: car, truck and recreational vehicle sales/rental
establishments, recreational vehicle dealerships, and vehicle rental agencies, and may include
refueling and/or washing facilities as an integral part of the operation.
217.
VERTICAL ACCESS
ROTOR
Means a wind energy conversion system where the rotor is mounted on an axis perpendicular to
the earth's surface.
218. VETERINARY CLINIC,
SMALL ANIMAL
Means a development used for the medical care and treatment of animals, including outpatient
care or medical procedures involving hospitalization and may include the keeping of animals on
site for periods of greater than twenty-four (24) hours. This land use may also include the
training, grooming, impounding/ quarantining facilities and retail sale of associated products.
219. VETERINARY CLINIC,
LARGE ANIMAL
Means a development used for the medical care and treatment of animals, including outpatient
care or medical procedures involving hospitalization and may include the keeping of animals on
site for periods of greater than twenty-four (24) hours. Veterinary clinics shall not have any
outside enclosures including paddocks and other accessory buildings or outbuildings required for
sheltering livestock. This land use may also include the training, grooming, impounding/
quarantining facilities and retail sale of associated products.
220.
WAREHOUSE SALES
ESTABLISHMENT
Means a development where bulky goods are sold from within an enclosed building where the
size and nature of the principal goods being sold typically require large floor areas for direct
display to the purchaser or consumer. Warehouse sales establishments include furniture stores,
carpet stores, major appliance stores, and building materials stores.
221. WASTE TO ENERGY
Means a use that creates electricity and/or heat from the incineration of waste materials.
222.
WIND ENERGY
CONVERSION SYSTEM
(WECS)
Means a type of individual alternative energy system or commercial alternative energy system
that consists of facilities designed to convert wind energy into mechanical or electrical energy. If
the mechanical energy is used directly by machinery (pump or grinding stones) the machine is
known as a Windmill. If the mechanical energy is converted to electricity, the machine is called a
WECS.
223.
WIND ENERGY
CONVERSION SYSTEM,
INDIVIDUAL
Means a type of individual alternative energy system consisting of a small scale WECS designed
to generate mechanical or electrical energy for a property owner's use on the site the WECS is
located or adjacent to the site of use.
224.
WIND ENERGY
CONVERSION SYSTEM,
MICRO
Means a type of individual alternative energy system, that consists of one or more structures
designed to convert wind energy into mechanical or electrical energy which has a rated capacity
of less than 0.5 kW. Micro wind energy conversion systems are small in height and diameter and
may be installed on the roof of a building.
225.
WIRELESS
COMMUNICATIONS
FACILITY
Means a facility that provides communication service using radio frequency (RF) technology to
transmit and receive voice, picture, text, and data, in either digital or analogue form, on a system
of elevating support structures. These structures include monopoles, lattice towers (self-
supported or guyed) or other configurations as well as, although not limited to, shelters,
transmitters, receivers, antennas, antenna mounts, transmission lines, waveguides, transmission
line supporting equipment and material, aeronautical obstruction lights, antenna de-icing
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equipment, antenna power dividers and matching equipment, combiners, utility power
equipment, conditioners, and backup systems.
226. WORK CAMP
Means a complex used to provide housing on a temporary basis, which may consist of mobile
units that provide sleeping, eating, and other basic living facilities;
227.
WRECKING AND
SCRAP METAL YARD
Means a land use or development that is for the disassembling, crushing, or storing of used
motor vehicles and other metal parts and objects. This may include the sale of parts or scrap
metal.
228. YARD
Means a part of a parcel upon or over which no main building is erected.
229. YARD, FRONT
Means that portion of the site extending across the full width of the site and lying between the
front parcel line and the exterior wall(s) of the main building situated on the site. For lakefront
parcels, the front yard is the yard closest to the lake.
230. YARD, REAR
Means that portion of the site extending across the full width of the site and lying between the
rear parcel line and the exterior wall(s) of the main building situated on the site. For lakefront
parcels, the rear yard is the yard furthest from the lake.
231. YARD, SIDE
Means that portion of the site extending from the front yard to the rear yard and lying between
the side parcel line and the nearest portion of the exterior wall(s) of the main building.
2.2.3
All other words and expressions shall have the meanings assigned to them in the Act, other applicable provincial legislation,
and/or the Municipal District of Wainwright Municipal Development Plan.
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3.
AUTHORITIES
COUNCIL
3.1.1
Council shall perform such duties as are specified for it in this Bylaw.
3.1.2
In addition, Council shall decide upon all development permit applications within a Direct Control Districts, as stated in the
Act.
DEVELOPMENT AUTHORITY
3.2.1
The office of the Development Authority is hereby established.
3.2.2
The Development Authority shall be:
a.
the Municipal Planning Commission; and
b.
the Development Authority Officer.
3.2.3
The Development Authority shall perform such duties that are specified in this Bylaw.
3.2.4
The Development Authority shall:
a.
keep and maintain for the inspection of the public during all reasonable hours, a copy of this Bylaw and all
amendments thereto; and
b.
keep a register of all applications for development, the decisions thereon and the reasons therefore.
3.2.5
The Development Authority may create and amend forms as required and provided for in the Act.
DEVELOPMENT AUTHORITY OFFICER
3.3.1
The position of designated officer for the limited purpose of exercising the powers duties and functions of a Development
Authority Officer is hereby established.
3.3.2
The Development Authority Officer shall be appointed by resolution of the Council.
3.3.3
The Development Authority Officer may sign, on behalf of the Development Authority, any order, decision, approval, notice
or other thing made or given by it.
3.3.4
The Development Authority Officer is hereby declared to be a designated officer for the purposes of Section 542 of the Act.
MUNICIPAL PLANNING COMMISSION
3.4.1
The Municipal Planning Commission shall perform such duties as are specified in this Bylaw.
3.4.2
The Municipal Planning Commission:
a.
Is authorized to act as the Development Authority in those matters prescribed in this Bylaw and the Municipal
Planning Commission Bylaw No. 1568, as amended;
b.
Shall make decisions regarding development permit applications for a Discretionary Use in any Land District, except
a Direct Control District;
c.
Shall consider and if necessary state terms and conditions on any other planning or development matter referred by
the Development Officer or Administration;
d.
May direct the Development Officer or Administration to review, research or make recommendations on any other
planning and development matter; and
e.
Make recommendations to Council on planning and development matters.
SUBDIVISION AUTHORITY
3.5.1
The Subdivision Authority shall be established by the municipality's Subdivision Authority Bylaw (Bylaw 1289), as amended or
replaced.
3.5.2
The Subdivision Authority shall be appointed by resolution of Council.
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3.5.3
The Subdivision Authority shall perform such duties as are specified in this Bylaw and the Subdivision Authority Bylaw, as
amended or replaced.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
3.6.1
The Subdivision and Development Appeal Board established by the municipality's Subdivision and Development Appeal Board
Bylaw shall perform such duties as are specified in of this Bylaw.
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4.
AMENDMENTS
APPLICATION
4.1.1
Subject to the Act, any section in this Land Use Bylaw may be amended. All amendments to this Bylaw shall be made by
Council by Bylaw and in conformity with the Act.
4.1.2
Notwithstanding this section, the Land Use Bylaw may be amended without giving notice or holding a public hearing if the
amendment corrects clerical, technical, grammatical, or typographical errors and does not materially affect the Land Use
Bylaw in principle or substance.
4.1.3
Council may at any time initiate an amendment to this Bylaw by directing the Development Authority to initiate an application
therefore. Depending on the complexity of the application, the Development Authority could undertake the application, or
use the municipality's planning services provider.
4.1.4
A person may apply to have this Bylaw amended by applying in writing, providing reasons in support of the application, and
paying the fee identified in the municipality's Development Fees Policy.
4.1.5
All applications for amendment to this Bylaw shall be made to the Council on the form provided by the municipality and shall
be accompanied by:
a.
A statement of the specific amendment requested;
b.
The purpose and reasons for the application;
c.
If the application is for a change of a land use district:
i
the legal description of the lands;
ii a plan showing the location and dimensions of the lands; and
iii a copy of the Certificate of Title for the land affected or other documents satisfactory to the Development
Authority indicating the applicant's interest in the said land that is dated within thirty (30) days of application;
d.
The applicant's interest in the lands; and
e.
An application fee as established by Council.
4.1.6
If the amendment is for the redistricting of land, the Development Authority may require:
a.
A conceptual scheme (or area structure plan) for the area to be redistricted, to the level of detail specified by the
Development Authority that provides Council with information to determine:
i
If the site is suitable for the intended use;
ii If the site can be reasonably and cost effectively serviced; and
iii That the proposed amendment will not unduly impact the rights of adjacent landowners to use and enjoy their
property; and
b.
Payment of a fee equal to the costs incurred by the municipality to review the proposed redistricting and/or related
conceptual scheme, or if necessary to prepare a conceptual scheme; and
c.
Technical studies requested by the Development Authority to assess site suitability and servicing requirements.
4.1.7
Upon receipt of an application to amend this Land Use Bylaw, the Development Authority may refer the application to the
municipality's planning and engineering service providers, who shall analyze the potential impacts on local land use,
development, infrastructure, and servicing that would result from the proposed amendment. This analysis must consider the
full development potential for the proposed amendment and shall, among other things, consider the following impact
criteria:
a.
Relationship to and compliance with approved statutory plans and Council policies;
b.
Relationship to and compliance with approved statutory plans, outline plans, or plans in preparation;
c.
Compatibility with surrounding development in terms of land use function and scale of development;
d.
Traffic impacts;
e.
Relationship to, or impacts on, water and sewage systems, and other public utilities and facilities such as recreation
facilities and schools;
f.
Relationship to municipal land, right-of-way, or easement requirements;
g.
Effect on stability, retention and rehabilitation of desirable existing land uses, buildings, or both in the area;
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h.
Necessity and appropriateness of the proposed amendment in view of the stated intentions of the applicant; and
i.
Relationship to the documented concerns and opinions of area residents regarding development implications.
4.1.8
Upon receipt of an application to amend the Land Use Bylaw, the Development Authority shall:
a.
prepare a report with recommendations on the proposed amendment for Council and an amending Bylaw for
consideration of first reading by Council;
b.
mail notify or deliver in person a written notice to landowners who are adjacent to the parcel of land affected by the
proposed amendment or to a larger area as directed by Council;
c.
provide notice of the Public Hearing to the applicant, the owner of the subject land if different than the applicant, to
all directly adjacent property owners, and any other individuals or organizations identified by Council;
d.
prepare a report and recommendation, including maps and other material, on the application, prior to a Public
Hearing on the application for amendment; and
e.
inform the applicant of the recommendation to Council.
4.1.9
At the same time as forwarding the application for amendment to Council, the Development Authority may, at its sole
discretion, refer the application for further information to any person or agency it wishes.
4.1.10 In considering an application for amendment to this Bylaw, Council may, at its sole discretion:
a.
Refuse the application; or
b.
Refer the application for further information; or
c.
Pass first reading to a bylaw to amend this Land Use Bylaw, with or without amendments; or
d.
Defeat first reading of a bylaw to amend this Land Use Bylaw; or
e.
Pass first reading of an alternative amendment to this Land Use Bylaw.
4.1.11 Following its first consideration, the Council shall establish the date, time, and place for a Public Hearing on the proposed
amendment.
4.1.12 Following establishment of the date, time and place for a public hearing, the Development Authority shall issue a notice of
the public hearing by:
a.
Publishing notice at least once a week for two (2) consecutive weeks in at least one (1) newspaper or other
publication circulating in the area to which the proposed bylaw relates; or
b.
Mailing or delivering notice to every residence in the area to which the proposed bylaw relates. A notice of a public
hearing must be advertised at least five (5) days before the public hearing occurs.
4.1.13 A notice must contain:
a.
A statement of the general purpose of the proposed bylaw and public hearing;
b.
The address where a copy of the proposed bylaw and any document relating to it or the public hearing may be
inspected; and
c.
The date, place, and time where the public hearing will be held.
4.1.14 In the case of an amendment to change the land use district designation of a parcel of land, the Development Authority must,
in addition to the requirements of section 4.1.13:
a.
Include in the notice:
i
The municipal address, if any, and the legal address of the parcel of land; and
ii A map showing the location of the parcel of land;
b.
Give written notice containing the information described in Section 4.1.13.a to the owner of that parcel of land at
the name and address shown on the certificate of title (or tax roll); and
4.1.15 Give written notice containing the information described in Section 4.1.13 and 4.1.14 to each owner of adjacent land at the
name and address shown for each owner on the tax roll of the municipality.
4.1.16 If the land referred to in section 4.1.14 is in an adjacent municipality, the written notice must be given to that municipality
and to each owner of adjacent land at the name and address shown for each owner on the tax roll of that municipality.
4.1.17 In the public hearing, Council:
a.
Must hear any person, group of persons, or person representing them, who claim(s) to be affected by the proposed
bylaw and who has complied with the procedures outlined by Council; and
b.
May hear any other person who wishes to make representations and whom the Council agrees to hear.
4.1.18 After considering any representations made at the Public Hearing, and any other matter it considers appropriate, Council
may:
a.
Pass the bylaw;
b.
Defer it for further information or comment;
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c.
Make any amendment to the bylaw it considers necessary and proceed to pass it without further advertisement or
hearing; or
d.
Defeat the bylaw.
4.1.19 Prior to third reading of the proposed Bylaw, Council may require the applicant to apply for a development permit and
negotiate a development agreement in respect of the proposal which initiated the application for amendment.
4.1.20 After third reading of the Bylaw, the Development Authority shall send a notice of a decision of the amendment to the
applicant, and shall send a copy of the Bylaw to:
a.
the registered owner of the land (if different from the applicant);
b.
The municipality's subdivision and planning services provider; and
c.
the adjacent municipality if it received a copy of the proposed bylaw pursuant to section 4.1.16.
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5.
DEVELOPMENT
CONTROL OF DEVELOPMENT
5.1.1
No development other than that designated in Section 5.2 shall be undertaken within the municipality unless an application
for it has been approved and a development permit has been issued.
5.1.2
In addition to meeting the requirements of this Bylaw, it is the responsibility of the applicant to ensure and obtain other
required provincial and federal approvals, permits and/or licenses.
5.1.3
Further, in addition to meeting the requirements of this Bylaw, it is the responsibility of the applicant to ensure that their
development is consistent with the conditions of any registered easements or covenants which affect the subject site.
5.1.4
Notwithstanding 5.1.1 above, where a variance to any regulation in this Bylaw is required for any development listed in
Section 5.2 below, a development permit shall be required.
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
5.2.1
The following development shall not require a development permit if the development otherwise complies with all the
regulations of this Bylaw:
a.
The carrying out of works of maintenance or repair to any building, provided that such works do not include
structural alterations or major works of renovation that would require a building permit.
b.
The completion of a building which was lawfully under construction at the date of the adoption of this Bylaw,
provided that the building is completed in accordance with the terms of any permit granted in respect of it and
subject to the conditions to which such permit was granted, and provided also that the building, whether or not a
permit was granted in respect of it, is completed within a period of twelve (12) months from the said date of
adoption.
c.
The use of any such buildings as referred to in 5.2.1.b for the purpose for which construction was commenced.
d.
The erection, construction, or maintenance, improvement or alteration of gates, fences, walls, or other means of
enclosure less than 1.0 m (3.3 ft) in height in front yards and less than 1.9 m (6.2 ft) within side and rear yards,
unless the fencing material is razor wire.
e.
Notwithstanding 5.2.1.d, a development permit shall not be required for the erection or construction of fences or
other means of enclosure which are accessory to agricultural operations.
f.
A temporary building, the sole purpose of which is incidental to the erection or alteration of a building, for which a
permit has been issued under this Bylaw.
g.
The maintenance and repair of public works, services and utilities carried out by or on behalf of federal (including
the Department of National Defence), provincial and municipal public authorities on land, which is publicly owned or
controlled.
h.
Extensive Agriculture including the carrying out of construction, excavation, or other operations, including the
planting or removal of trees, for agricultural purposes, but not including the construction or placement of any
dwelling. This provision does not apply to:
i
any development within the Controlled Urban Development District; or
ii within 40.0 m ( 134.0 ft.) of the centre line of a road.
i.
The keeping of one (1) animal unit on parcels a minimum 1.2 ha (3.0 acres) in area within the Country Residential
(CR) District (refer to Section 2.2.24 for the definition of animal unit).
j.
The keeping of two (2) animal units on parcels a minimum 2.4 ha (6.0 acres) in area within the Country Residential
(CR) District (refer to Section 2.2.24 for the definition of animal unit).
k.
The keeping of three (3) animal units on parcels a minimum 3.6 ha (9.0 acres) in area within the Country Residential
(CR) District (refer to Section 2.2.24 for the definition of animal unit).
l.
A building or structure with a gross floor area of under 14.0 sq. m2 (150.7ft.2), which is not on a permanent
foundation.
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m. A deck or patio on a parcel over 0.8 ha (2.0 ac.) in size, provided that such deck or patio does not require a building
permit, and further that such deck or patio satisfies the requirements of this Bylaw for the setback of accessory
buildings from parcel lines.
n.
Grading and/or landscaping where the proposed grades will not adversely affect the drainage of the subject or
adjacent parcels of land, including the hard surfacing of part of a parcel for the purposes of providing vehicular
access from a road to an attached or detached garage or carport, provided that, in the Agricultural District, such
grading or landscaping is located a minimum of 40.0 m (134.0 ft.) from any road right-of-way.
o.
Other than on corner parcels or where abutting on a road used by vehicular traffic, the erection/construction,
maintenance, improvement and other alterations of any gates, fences, walls or other means of enclosure including
hedges where the height is expected to be less than the maximum of 1.0 m (3.3 ft.) in front yard and 2.0 m (6.6 ft.)
in side and rear yards.
p.
Dugouts except where the dugout is proposed within:
i
37.8 m (124.0 ft) of the right of way of a road); or
ii the required setback from a highway right of way as determined by Transportation and Economic Corridors.
q.
The parking, storage, and temporary use of recreational vehicles for personal use.
r.
The erection of campaign signs for federal, provincial, municipal, or school board elections on privately-owned
parcels for no more than thirty (30) days, or such time as regulated under provincial or federal legislation provided
that:
i
such signs are removed within one (1) day after the election date;
ii such signs do not obstruct or impair vision or traffic; and
iii such signs indicate the name and address of the sponsor and the person responsible for removal.
s.
The placement of one (1) sign on internal sites, or two (2) signs on corner parcels and double fronting parcels
advertising a residential property for sale or rent displayed on the property to which it (or they) pertain(s) during the
time the property is being offered for sale, with removal to be within one (1) day after the sale or rental agreement
has been entered into, provided that such signs are a maximum of 0.6 m2 (6.5 ft2 ) in size and are placed or erected
no closer than 3.0 m (9.8 ft.) to a road right-of-way.
t.
The erection of a wireless communication facility.
u.
Roof mounted solar energy panels.
v.
Micro wind energy conversion systems.
w.
home occupations.
x.
Sea cans on parcels within the Agricultural District.
y.
The development of land for a confined feeding operation or a manure storage facility within the meaning of the
Agricultural Operation Practices Act if the confined feeding operation or the manure storage facility is the subject of
an approval, registration, or authorization under Part 2 of that Act.
z.
The demolition or removal of any building or structure for which erection a development permit would not be
required pursuant to this section of the bylaw.
NON-CONFORMING BUILDINGS AND USES
5.3.1
Buildings and uses which do not conform to this Bylaw are subject to the provisions of the Act respecting non-conforming
uses and buildings, which define the conditions under which they may be continued or altered.
5.3.2
A non-conforming use of land or a building may be continued, but if that use is discontinued for a period of six (6) consecutive
months or more, any future use of the land or building must conform to this Bylaw.
5.3.3
A non-conforming use of part of a building may be extended throughout the building but the building, whether it is a non-
conforming building may not be enlarged or added to and no structural alterations may be made thereto or therein.
5.3.4
A non-conforming use of part of a parcel may not be extended or transferred in whole or in part to any other part of the
parcel and no additional buildings may be constructed upon the parcel while the non-conforming use continues.
5.3.5
A non-conforming building may continue to be used but the building may not be enlarged, added to, rebuilt, or structurally
altered except:
a.
to make it a conforming building,
b.
for the routine maintenance of the building, if the Development Authority considers it necessary, or
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c.
in accordance with the powers possessed by the Development Authority pursuant to the Act and Section 3.4(11)
this Bylaw to approve a development permit notwithstanding any non-compliance with the regulations of this
Bylaw.
5.3.6
If a non-conforming building is damaged or destroyed to the extent of more than seventy-five percent of the value of the
building above its foundation, the building may not be repaired or rebuilt except in accordance with this Bylaw.
5.3.7
The use of land or the use of a building is not affected by a change of ownership, tenancy, or occupancy of the land or
building.
5.3.8
If the Development Authority has reasonable basis to believe a building or development on a parcel encroaches onto an
adjacent parcel the Development Authority may require the owner to provide a Real Property Report at their expense. The
Development Authority may require the removal of the building or development that encroaches onto the adjacent parcel,
and (if necessary) can arrange for the removal of the building or development at the owner's expense. The Development
Authority may require a parcel owner to erect permanent, visible markers at the corners of any parcel, to a standard
approved by the Development Authority.
APPLICATION FOR DEVELOPMENT
5.4.1
Only the owner of a parcel or their agent may make an application for a development permit.
5.4.2
An application for development permit shall be completed and submitted to the Development Authority in writing, in the
form required by the Development Authority, and shall be accompanied by:
a.
a non-refundable application fee, as established by Council;
b.
a site plan showing:
i
front, side, and rear yards;
ii north point;
iii legal description of the property;
iv access and egress points to the property; and
v the location and dimensions of existing and proposed municipal and private local improvements, principal
building and other structures including accessory buildings, garages, carports, fences, driveways, paved areas,
and major landscaped areas including buffering and screening areas where provided;
c.
a statement of the proposed use(s) or occupancy of all parts of the land and buildings, and such other information
as may be required by the Development Authority;
d.
a statement of ownership of the land and the interest of the applicant therein; and
e.
a declaration indicating that the information supplied is accurate.
5.4.3
A Real Property Report prepared by an Alberta Land Surveyor (or some other sketch or form of Report prepared by an Alberta
Land Surveyor which serves the same purpose as a Real Property Report) may be required at the discretion of the
Development Authority if the development involves an addition to an existing building, or if the Development Authority
believes that fences on the parcel do not correspond with the legal boundaries of the parcel.
5.4.4
In making a decision, the Development Authority may also require additional information to assess the conformity of a
proposed development with this Bylaw before consideration of the development permit application shall commence. Such
information may include (but not limited to):
a.
the location of existing and proposed municipal and private storm and sanitary sewage collection and disposal, and
water supply and distribution utilities, landscaped areas and buffering and screening;
b.
the height and horizontal dimensions of all existing and proposed buildings;
c.
outlines of roof overhangs on all buildings;
d.
existing and proposed elevations on the site and on adjacent sites, roads, and lanes;
e.
post construction site and building elevations;
f.
floor plans, elevations, and sections of any proposed buildings, including the lowest floor elevation in either the
basement or on the main floor in the principal and accessory buildings;
g.
reports, plans, and studies prepared by qualified professionals, including:
i
Arborist Report;
ii Erosion and Sediment Control Plan;
iii Geotechnical Report;
iv Landscaping Plan;
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v Slope Stability Analysis;
vi Wetland Assessment; and
vii Any other reports, plans, and studies that provides information requested by the Development Authority;
h.
the suggested location for a future driveway and garage or carport, if the application itself does not include such
buildings as part of the proposal;
i.
future development plans for a site which is to be partially developed through the applicable development permit;
j.
in the case of a proposed major home occupation, information concerning the number of employees, the location of
any goods to be kept or stored, and an estimate of the number of client visits to be expected to the site each week;
and
k.
for a moved-in (relocated) building, pictures of the exterior of the structure which provide information relating to
the age and condition of the building and its compatibility with the land use district in which it is to be located.
5.4.5
In addition to the information requirements indicated above, an application for a development permit for the excavation or
stripping of land that is proposed without any other development on the same land, may include with the application, the
following information:
a.
location and area of the site where the excavation is to take place;
b.
existing land use and vegetation;
c.
the type and dimensions including average depth of the excavation to be done, and the potential, if any, to affect
existing drainage patterns on and off the site;
d.
the depth and variation in depth of groundwater encountered in test holes, if required at the discretion of the
Development Authority;
e.
identification of potential for outdoor noise and the discharge of substances into the air;
f.
the condition in which the site is to be left when the operation is complete, including the action which is to be taken
for restoring the condition of the surface of the land to be affected, and for preventing, controlling, or lessening
erosion or dust from the site;
g.
an indication of all municipal servicing costs associated with the development; and
h.
the proposed haul route, dust control plan and expected hours of operation.
5.4.6
In addition to the information requirements indicated above, each application for a sign may be accompanied by additional
information at the discretion of the Development Authority.
5.4.7
In addition to the information requirements indicated above, the Development Authority may also require any phase of an
environmental assessment to determine the possible contamination of the subject site and the mitigating measures
necessary to eliminate such contamination. Alternative to or in addition to the foregoing, the Development Authority may
require a biophysical assessment to determine the potential effects of a proposed development on the natural environment,
and the measures necessary to mitigate such effects.
5.4.8
At the sole discretion of the Development Authority, any new development within an existing subdivision may be required to
provide to the Development Authority, for approval, an elevation plan of the subject site which indicates where the
stormwater is to be directed. Stormwater from the subject site is not to be directed onto adjoining properties unless
appropriate drainage easements or rights-of-way are in place. If the applicant for a development permit indicates that the
municipality is to verify compliance with the elevation and/or stormwater management plan, the cost to verify that the parcel
grades have been completed according to the plan shall be included in the cost of the development permit.
5.4.9
Notwithstanding any other application requirement in this section, development permit applications for:
a.
Natural resource extraction and processing;
b.
Solar energy collection systems and solar farms; and
c.
Wind energy collection systems (large);
shall be required to include a reclamation plan to the satisfaction of the Development Authority.
5.4.10 The Development Authority may refer any application for a development permit to any municipal, provincial, or federal
department, or any other person or agency considered affected by the Development Authority for comments and
recommendations.
5.4.11 When, in the opinion of the Development Authority, sufficient details of the proposed development have not been included
with the application for a development permit, the Development Authority may, at its sole discretion, deem the application
incomplete and request the applicant provide further details or make a decision on the application with the information it has
available.
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5.4.12 The Development Authority may refuse to accept an application for a development permit if the application is for a similar
development on the same property as a development permit which has been applied for and refused by the Development
Authority or the Subdivision and Development Appeal Board within the last six (6) months.
5.4.13 Where a development permit for an accessory building has been applied for before a principal building or principal use has
been developed on a parcel, the applicant must provide a site plan which identifies the proposed location for the principal
building or principal use on the parcel as part of the application.
5.4.14 As a condition of issuing a development permit, the Development Authority may require the applicant to post a $10,000 bond
to cover the cost of repairing roads and other municipal improvements damaged because of the work authorized in the
permit.
PERMISSION FOR DEMOLITION
5.5.1
The demolition and offsite removal of a structure not identified in Section 5.2 shall require a development permit. Where no
offsite removal is required as part of the demolition, no development permit is required.
5.5.2
The demolition of any structure must be done in accordance with the Alberta Building Code and Canadian Standards
Association Standard S350-M1980, "Code of Practice for Safety in Demolition of Structures" and/or any subsequent Alberta
Building Code or Canadian Standards Association Standards.
5.5.3
Before consideration of a development permit application for demolition, the Development Authority may also require the
applicant to:
a.
Identify proposed haul routes and destination for the demolition materials;
b.
Complete a Hazardous Materials Assessment Report; and/or
c.
Complete any phase of an environmental site assessment to determine whether the site is contaminated and the
mitigation measures necessary to eliminate such contamination.
5.5.4
As a condition of approving a development permit for the demolition of a building, the Development Authority may, in
addition to other requirements:
a.
Require that the applicant undertake all actions the Development Authority deems necessary to ensure the
complete and safe demolition of the building, disposal of materials and debris, and site clean-up.
NOTICE OF COMPLETE OR INCOMPLETE APPLICATIONS
5.6.1
The Development Authority shall, within 20 days of the receipt of an application for a development permit, determine
whether the application is complete.
5.6.2
The period referred to in Part 5.6.1 may be extended by an agreement in writing between the applicant and the Development
Authority.
5.6.3
An application is complete if:
a.
in the opinion of the Development Authority, the application contains the documents and other information
necessary to review the application; or
b.
the Development Authority does not make a determination within 20 days after receipt of an application for a
development permit.
5.6.4
If the Development Authority determines that the application is complete, the Development Authority shall issue to the
applicant, by means of posted letter or electronic notification, an acknowledgment that the application is complete.
5.6.5
If the Development Authority determines that the application is incomplete, the Development Authority shall issue, to the
applicant a notice, in writing or electronically, that the application is incomplete. This notice shall list any outstanding
documents and information required to review the application, and provide a date by which the documents or information
must be submitted in order for the application to be considered complete.
5.6.6
If the applicant fails to submit all the outstanding information and documents on or before the date referred to in Part 5.6.5,
the application is deemed refused.
5.6.7
Despite that the Development Authority has issued an acknowledgment under Part 5.6.5 or Part 5.6.6, in the course of
reviewing the application, the Development Authority may request additional information or documentation from the
applicant that the Development Authority considers necessary to review the application.
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DEVELOPMENT PERMITS AND NOTICES
5.7.1
A decision of the Development Authority on an application for a development permit must be in writing and a copy of the
decision, together with a written notice specifying the date on which the written decision was given and containing any other
information required by the regulations, must be given or sent to the applicant on the same day the written decision is given.
5.7.2
When a development permit has been issued for a permitted use and no variance to any regulation has been granted, the
Development Authority shall (on the same day the decision is given) give (or send) a decision on a development permit
application send a notice by regular mail of the decision to the applicant and post a notice on the Municipal District of
Wainwright's website, indicating the disposition of the application. Mailing the notice is not required when an applicant picks
up a copy of the decision.
5.7.3
In addition to 5.7.1 and 5.7.2, within five (5) working days after a decision on a development permit application for a
discretionary use or after a variance to any regulation has been granted, the Development Authority shall:
a.
send notice by regular mail (or by electronic mail if agreed to in advance by the applicant) to all affected adjacent
land owners (as determined by the Development Authority), as identified on the municipality's Assessment Roll, to
provide notice of the decision and right of appeal; and
b.
post notice of the decision on the municipality's website; and may
c.
send notice by regular mail (or by electronic mail if agreed to in advance by the applicant) to any other landowner,
business, agency, adjacent municipality, person, group, organization, or similar body that the Development
Authority deems may be affected to provide notice of the decision and right of appeal.
5.7.4
The notice indicated in Parts 5.7.2 and 5.7.3 shall state:
a.
the legal description and the street address of the site of the proposed development;
b.
the uses proposed for the subject development;
c.
any discretion that was granted in the approval of the development, whether by use or by interpretation of this
Bylaw, and any variation or relaxation in regulation that was made by the Development Authority when the
development permit was approved;
d.
the date the development permit was issued; and
e.
how an appeal might be made to the Subdivision and Development Appeal Board and the deadline for such appeal.
5.7.5
Except for those permits described in Part 5.7.2 hereof, a permit granted pursuant to this Part does not come into effect until
twenty-one (21) days after the date that notice of an order, decision, or development permit is received. For the purposes of
this Bylaw, notice is deemed to be received on the 5th day after the date of the issuance of the order, decision, or permit. Any
development proceeded with by the applicant prior to the expiry of this period is done solely at the risk of the applicant.
5.7.6
Where an appeal is made, a development permit which has been granted shall not come into effect until the appeal has been
determined and the permit has been confirmed, modified, or nullified thereby.
5.7.7
If the development authorized by a permit is not substantially commenced within twelve (12) months from the date of the
date of the issue of the development permit, and completed within twelve (12) months of the commencement of the
development, the permit is deemed to be void; unless an alternate time frame has been identified in the conditions, or an
extension to this period is granted by the Development Authority.
5.7.8
A development, once begun, shall not be abandoned or left for an extended period in what the Development Authority
considers to be an unsightly or unsafe condition.
5.7.9
The application may be responsible for any damages to public or private property occurring because of development.
5.7.10 A decision of the Development Authority on an application for a development permit shall be given in writing.
5.7.11 When a Development Authority refuses an application for a development permit, the decision shall contain reasons for the
refusal.
CONDITIONS AND DEVELOPMENT AGREEMENTS
5.8.1
For rural residential and country residential developments, the Development Authority may require (as a condition of a
development permit) the connection of the development to a private sewage disposal system satisfactory to the
Development Authority.
5.8.2
For natural resource extraction and processing developments:
a.
The developer may be required to enter into a development agreement with the municipality unless the
development is exempt by provincial legislation.
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b.
The Development Authority may require (as a condition of a development permit and/or as part of a development
agreement) the submission of a reclamation plan satisfactory to the Development Authority.
c.
The developer may be required to provide a performance bond in an amount determined by the Development
Authority as a condition of a development permit approval.
5.8.3
The Development Authority may require that as a condition of issuing a development permit, the applicant to enter into an
agreement to:
a.
Construct or pay for the construction of culverts, public roadways, pedestrian walkways, or parking areas; and/or
b.
Install or pay for the installation of utilities; and/or
c.
Pay for an off-site levy or redevelopment levy imposed by bylaw.
5.8.4
To ensure compliance with the development agreement, the Municipal District of Wainwright may register a caveat against
the certificate of title of the property that is being developed. This caveat shall be discharged when conditions of the
development agreement have been met.
5.8.5
The Development Authority may require the following conditions as part of development permit for a proposed development
within a multi-lot subdivision or a subdivision near or adjacent to a lake:
a.
Compliance with an approved Erosion and Sediment Control Plan;
b.
Compliance with an approved Landscaping Plan;
c.
Compliance with an approved Lot Grading and Drainage Plan;
d.
Compliance with an approved Stormwater Management Plan; and/or
VALIDITY OF PERMITS
5.9.1
A Development Permit does not come into effect until at least twenty--one (21) days have elapsed from the date it is granted
and in any event does not come into effect until the plans for the building have been approved by an accredited Safety Codes
Inspector and all necessary permits pertaining to the construction of the Building have been obtained and copies sent to the
Municipality, and posted on site.
5.9.2
If an appeal (which includes an appeal to the Subdivision and Development Appeal Board, the Land and Property Rights
Tribunal, and the Court of Appeal of Alberta) is filed against a Development Permit, the permit is suspended until the appeal is
heard or abandoned.
5.9.3
A Development Permit is valid for one (1) year from the date it comes into effect and work authorized pursuant to a
Development Permit must be commenced within six (6) months and completed within twelve (12) months from the date the
Development Permit comes into effect. Extensions may be granted at the sole discretion of the Development Authority.
5.9.4
If it appears to the Development Authority that a Development Permit has been obtained by fraud or misrepresentation, or
has been issued in error, the Development Authority may suspend, revoke, or modify the development permit and shall have
the right to suspend all construction activity on the site.
VARIANCES
5.10.1 The Development Authority may grant a variance to reduce the requirements of any use of the Land Use Bylaw and that use
will be deemed to comply with this bylaw.
5.10.2 The Development Authority may approve an application for a development permit notwithstanding that the proposed
development does not comply with this Bylaw if, in his opinion the proposed development would not:
a.
unduly interfere with the amenities of the neighbourhood; or
b.
materially interfere with or affect the use, enjoyment, or value of neighbouring properties; and
c.
the proposed development conforms to the use prescribed for that land or building in the Land Use Bylaw.
5.10.3 A variance shall be considered only where warranted by the merits of the proposed development and in response to irregular
parcel lines, parcel shapes or site characteristics which create difficulties in siting structures within the required setback or in
meeting the usual bylaw requirements.
5.10.4 Where a variance is granted, the nature of the approved variance shall be specifically described in the Development Permit
approval.
5.10.5 Where the issuance of a Development Permit involves the exercise of any specified discretion of the Development Authority
to relax a regulation of a district or any other regulation of this bylaw, the Development Authority shall not permit any
additional variance from that regulation.
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6.
SUBDIVISION
SUBDIVISION OF LAND
6.1.1
Where the development of land involves a subdivision of land, no development permit shall be issued until an application for
subdivision has been submitted to the Subdivision Authority and written evidence has been received by the Development
Authority that the necessary subdivision has the approval of the Subdivision Authority.
APPLICATION REQUIREMENTS
6.2.1
All subdivision applications for lands within the municipality shall comply with the provisions under this Section.
6.2.2
A subdivision application may be submitted by:
a.
the registered owner of the land to be subdivided; or
b.
a person with written authorization to act on behalf of the registered owner.
6.2.3
Subdivisions shall be developed in accordance with the provisions of the land use district affecting the subject site at time of
application.
6.2.4
If the proposed subdivision requires an environmental assessment under the Canadian Environmental Assessment Act, the
applicant shall file an environmental assessment in accordance with the Canadian Environmental Assessment Act. A copy of
the environmental assessment shall be submitted with the subdivision application.
6.2.5
If the proposed subdivision is required to obtain assessments and/or approvals from relevant Federal or Provincial agencies
and organizations, the applicant shall file and obtain the appropriate reports and/or approvals with relevant agencies and
organizations. A copy of the required reports and/or approvals or licenses shall be submitted with the subdivision application.
6.2.6
Information on abandoned oil and gas wells as required by the Subdivision and Development Regulations and Alberta Energy
Regulator Directive 079 shall accompany every subdivision application.
6.2.7
The tentative plan of subdivision shall:
a.
clearly outline the location, dimensions, and boundaries of the land which the applicant wishes to subdivide;
b.
show the location, dimensions, and boundaries of:
i
each new parcel to be created;
ii reserve land(s), if required;
iii the rights-of-way of each public utility, if required; and
iv other rights-of-way, if required;
c.
indicate the use, location, and dimensions of existing buildings on the land that is the subject of the application, if
any, and specify whether the buildings are proposed to be demolished or moved;
d.
show the location of any river, stream, watercourse, lake, or other body of water (natural or man-made) that is
contained within the boundaries of the proposed parcel of land;
e.
for developed parcels, identify the location of any existing or proposed water wells, the locations and type of any
private sewage disposal system(s), and the distance from these to existing or proposed buildings and property lines;
f.
include information provided by the Alberta Energy Regulator identifying the location of any active wells, batteries,
processing plants or pipelines within the proposed subdivision; and
g.
identify the existing and proposed access to the proposed parcels and the remainder of the titled area.
6.2.8
The Subdivision Authority may also require an applicant to submit any or all the following where the site has been identified
as including hazard features that may impact the suitability of the site for development:
a.
a figure showing topographic contours at no greater than 1.5 m (4.9 ft.) intervals;
b.
if the proposed subdivision is not to be served by a water distribution system, information supported by the report
of a qualified professional, registered in the Province of Alberta, respecting the provision, availability, and suitability
of potable water on or to the land to be subdivided;
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c.
an assessment of subsurface characteristics of the land that is to be subdivided including, but not limited to,
susceptibility to slumping or subsidence, depth to water table, and suitability for any proposed on-site sewage
disposal system(s), prepared and signed by a qualified professional registered in the Province of Alberta;
d.
reports, plans, and studies prepared by qualified professionals, including:
i
Ground Water Report;
ii Geotechnical Report;
iii Lot Grading and Drainage Plan or Stormwater Management Plan;
iv Slope Stability Analysis;
v Water Report;
vi Wetland Assessment;
vii Any other reports, plans, and studies that provides information requested by the Subdivision Authority;
e.
if the land that is the subject of an application is in a potential flood plain, a figure showing the 1:100-year flood
plain or highest and most frequent rain event series relevant to flooding of the land;
f.
information respecting the land surface characteristics of land within 0.8 km (0.5 miles) of the land proposed to be
subdivided;
g.
where the proposed subdivision is staged or includes only a portion of the developable area within the subject site,
an approved Area Structure Plan or Outline Plan that relates the application to future subdivision and development
of adjacent lands.
PROCESS
6.3.1
The Subdivision Authority shall:
a.
participate in a pre-application submission meeting with development proponents (as requested);
b.
receive all applications for subdivision applications;
c.
assess and provide notice of a complete or incomplete application; and
d.
issue notices in writing as required in the Act.
NOTICE OF COMPLETE OR INCOMPLETE APPLICATION
6.4.1
The Subdivision Authority shall within twenty (20) days of the receipt of an application for subdivision, determine whether the
application is complete.
6.4.2
The period referred to in Section 6.4.1 may be extended by an agreement in writing between the applicant and the
Subdivision Authority or, if applicable, in accordance with the Land Use Bylaw made pursuant to section 640.1(a) of the Act.
6.4.3
An application is complete if, in the opinion of the Subdivision Authority, the application contains the documents and other
information necessary to review the application.
6.4.4
If the Subdivision Authority determines that the application is complete, the Subdivision Authority shall issue to the applicant,
in writing or electronically, an acknowledgment that the application is complete.
6.4.5
If the Subdivision Authority determines that the application is incomplete, the Subdivision Authority shall issue to the
applicant a notice, in writing or electronically, that the application is incomplete and that any outstanding documents and
information referred to in the notice must be submitted by a date set out in the notice or a later date agreed on between the
applicant and the Subdivision Authority in order for the application to be considered complete.
6.4.6
If the applicant fails to submit all the outstanding information and documents on or before the date referred to in Section
6.4.5, the Subdivision Authority must deem the application to be refused.
6.4.7
Despite that the Subdivision Authority has issued an acknowledgment under Section 6.4.5 or 6.4.6, while reviewing the
application, the Subdivision Authority may request additional information or documentation from the applicant that the
Subdivision Authority considers necessary to review the application.
DUTIES OF THE SUBDIVISION AUTHORITY
6.5.1
Upon receipt of a completed subdivision application, the Subdivision Authority:
a.
shall approve, with or without conditions, a subdivision application for a permitted use where the proposed
subdivision conforms to:
i
this Bylaw;
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ii applicable statutory plans; and
(i)
the Act and the Regulations thereunder;
b.
shall refuse an application for a subdivision if the proposed subdivision does not conform with:
i
applicable statutory plans; and/or
ii the Act and the Regulations thereunder;
c.
shall refuse an application for a subdivision if the proposed subdivision does not conform with this Bylaw, subject to
Section 6.5.1.d;
d.
may approve, with or without conditions, an application for subdivision that does not comply with this Bylaw if, in
the opinion of the Subdivision Authority, the proposed subdivision:
i
would not unduly interfere with the amenities of the neighbourhood;
ii would not materially interfere with or affect the use, enjoyment, or value of neighbouring parcels of land; and
iii conforms to the use prescribed for that land in this Bylaw;
e.
prior to making a decision, shall refer the subdivision application to any external agencies and adjacent landowners
for comment and may refer the subdivision application to any municipal department as required.
REQUIREMENTS AND CONDITIONS OF SUBDIVISION
6.6.1
The Subdivision Authority shall abide by the requirements of and consider the matters indicated in Sections 652 to 670 of the
Act.
6.6.2
Subdivision approvals must comply with Part 17 and 17.1 of the Act and the Regulations therein.
6.6.3
For the purposes of this Bylaw, an unsubdivided quarter section shall include those quarter sections where a separate title
exists for a public utility or an institutional use.
6.6.4
Where the development involves a subdivision of land, no development permit shall be issued until the subdivision has been
registered with Alberta Land Titles.
6.6.5
Only the owner of a parcel or their agent may make an application for a subdivision.
6.6.6
More than one active subdivision application will not be allowed affecting a single titled area. Where a subdivision is
proposed for a titled area which is, at time of receipt of the new application, affected by an active subdivision file, the new
application will not be accepted and processed until the existing open file has been closed or finalized to the satisfaction of
the Subdivision Authority.
6.6.7
The Subdivision Authority shall not approve a subdivision which is inconsistent with the Municipal District of Wainwright
Municipal Development Plan and/or the provisions of any statutory plans that affect the land proposed to be subdivided.
6.6.8
The proponent of a subdivision application may be required to enter into a development agreement with the MD of
Wainwright. The development agreement shall identify that all costs associated with servicing the proposed subdivision will
be the responsibility of the proponent.
6.6.9
As a condition of subdivision approval, Environmental Reserves or an Environmental Reserve Easement may be required as a
condition of Subdivision Authority Approval as provided for in Section 664 of the Act.
6.6.10 As a condition of subdivision approval, the Subdivision Authority may require that the proponent provide hazard lands as
Environmental Reserve.
6.6.11 As a Condition of subdivision approval, the Subdivision Authority may require the proponent enter into a land acquisition
agreement for the purpose of a road widening to service the proposed development.
6.6.12 Where a subdivision is proposed on lands adjacent to a water body, a watercourse, or wetland, reserves shall be required as a
condition of subdivision approval as provided for in the Act. When determining the width and size of the Environmental
Reserve the following shall be taken into consideration:
a.
Recommendations by qualified professionals; and/or
b.
Riparian Setback Matrix Model (RSMM); and/or
c.
The Government of Alberta's Stepping Back from the Water: A Beneficial Management Practices Guide for New
Development Near Water Bodies in Alberta's Settled Region.
6.6.13 Property taxes must be up to date prior to final endorsement of any subdivision within the municipality.
6.6.14 All proposed parcels being created shall be designed to not, in the opinion of the Subdivision Authority, prejudice the future
efficient development of the remnant lands.
6.6.15 The Subdivision Authority may require the following conditions as part of subdivision approval for a multi-lot subdivision or a
subdivision near or adjacent to a lake:
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a.
Compliance with an approved Lot Grading and Drainage Plan;
b.
Compliance with an approved Stormwater Management Plan; and/or
c.
Any other conditions requested by the Subdivision Authority.
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7.
APPEALS
DEVELOPMENT APPEALS
7.1.1
An appeal may be made if the Development Authority:
a.
fails or refuses to issue a development permit;
b.
issues a development permit subject to conditions; or
c.
issues a stop order under Section 645 of the Act;
by the applicant of the development permit or any person affected by the order.
7.1.2
In addition to Section 7.1.1, any person affected by an order, decision or development permit made or issued by the
Development Authority may appeal the decision in accordance with Section 685(2) of the Act.
7.1.3
Despite Sections 7.1.1 and 7.1.2, no appeal lies in respect of the issuance of a development permit for a permitted use unless
the provisions of the land use bylaw were relaxed, varied, or misinterpreted or the application for the development permit
was deemed to be refused under Section 683.1(8) of the Act.
7.1.4
Despite Sections 7.1.1, 7.1.2 and 7.1.3, if a decision with respect to a development permit application in respect of a direct
control district:
a.
is made by a council, there is no appeal to the Subdivision and Development Appeal Board; or
b.
is made by a Development Authority, the appeal is limited to whether the Development Authority followed the
directions of council, and if the board hearing the appeal finds that the Development Authority did not follow the
directions it may, in accordance with the directions, substitute its decision for the Development Authority's decision.
7.1.5
An appeal of a decision of the Development Authority for lands identified in Section 685(2.1)(a) of the Act shall be made to
the Land and Property Rights Tribunal and shall proceed in accordance with the processes identified in the Act and the Land
and Property Rights Tribunal Act.
7.1.6
An appeal of a decision of the Development Authority for lands identified in Section 685(2.1)(b) of the Act shall be made to
the Joint Subdivision and Development Appeal Board.
7.1.7
An appeal with respect to an application for a development permit may be made by a person identified in Section 7.1.1 may
be made by serving a written notice of appeal to the board hearing the appeal:
a.
within 21 days after the date on which the written decision is given; or
b.
if no decision is made with respect to the application within the 40-day period (or within any extension to that
period under Section 684 of the Act), within 21 days after the date the period or extension expires; or
c.
With respect to an order under Section 645 of the Act, within 21 days after the date on which the order is made.
7.1.8
An appeal with respect to an application for a development permit may be made by a person (identified in Section 7.1.2) by
serving a written notice of appeal to the board hearing the appeal within 21 days after the date on which the written decision
is given.
7.1.9
An appeal to the Land and Property Rights Tribunal may be made by filing a notice to the Land and Property Rights Tribunal.
The notice submission requirements shall be as established by the Land and Property Rights Tribunal.
7.1.10 An appeal to the Joint Subdivision and Development Appeal Board may be launched by filing a notice by providing the
following:
a.
the appeal application fee as identified in the municipality's Development Fees Policy;
b.
the legal description and/or the municipal address of the property to which the decision, order or issuance of the
development permit relates;
c.
the name, contact information and address of the appellant; and
d.
the reasons for the appeal and the issue or condition in the decision or order that are the subject of the appeal.
7.1.11 Where a person files a notice of appeal with the wrong board, that board must refer the appeal to the appropriate board and
the appropriate board must hear the appeal as if the notice of appeal had been filed with it and it is deemed to have received
the notice of appeal from the applicant on the date it receives the notice of appeal from the first board, if:
a.
in the case of a person referred to in Section 7.1.1 the person files the notice with the wrong board within 21 days
after receipt of the written decision or the deemed refusal; or
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b.
in the case of a person referred to in Section 7.1.2, the person files the notice with the wrong board within 21 days
after the date on which the notice of the issuance of the permit was given in accordance with the land use bylaw.
SUBDIVISION APPEALS
7.2.1
The decision of a Subdivision Authority on an application for subdivision approval may be appealed:
a.
by the applicant for the approval;
b.
by a government department if the application is required by the Subdivision and Development Regulations to be
referred to that department;
c.
by the council of the municipality in which the land to be subdivided is located if the council, a Designated Officer of
the municipality or the Municipal Planning Commission of the municipality is not the Subdivision Authority; or
d.
by a school board with respect to:
i
the allocation of municipal reserve and school reserve or money in place of the reserve;
ii the location of school reserve allocated to it; or
iii the amount of school reserve or money in place of the reserve.
7.2.2
An appeal of a decision of the Subdivision Authority for lands identified in Section 678(2)(a) of the Act shall be made to the
Land and Property Rights Tribunal, and shall proceed in accordance with the processes identified in the Act and the Land and
Property Rights Tribunal Act.
7.2.3
An appeal of a decision of the Subdivision Authority for lands identified in Section 678(2)(b) and 678(2.1) of the Act shall be
made to the Joint Subdivision and Development Appeal Board.
7.2.4
An appeal to the Land and Property Rights Tribunal may be made by filing a notice to the Land and Property Rights Tribunal.
The notice submission requirements shall be as established by the Land and Property Rights Tribunal.
7.2.5
An appeal to the Joint Subdivision and Development Appeal Board may be launched by filing a notice by providing the
following:
a.
the appeal application fee as identified in the municipality's Development Fees Policy;
b.
the legal description and/or the municipal address of the property to which the decision, order, or issuance of the
development permit relates;
c.
the name, contact information, and address of the appellant; and
d.
the reasons for the appeal and the issue or condition in the decision or order that are the subject of the appeal.
7.2.6
If the applicant files a notice of appeal within 14 days after receipt of the written decision or the deemed refusal with the
wrong board, that board must refer the appeal to the appropriate board and the appropriate board must hear the appeal as if
the notice of appeal had been filed with it and it is deemed to have received the notice of appeal from the applicant on the
date it receives the notice of appeal from the first board.
HEARING AND DECISION
7.3.1
Hearings for development appeals and decisions made by the board hearing the appeal shall be in accordance with Section
686 and 687 of the Act.
7.3.2
Hearings for subdivision appeals and decisions made by the board hearing the appeal shall be in accordance with Section 679,
680 and 681 of the Act.
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8.
ENFORCEMENT
PROVISION OF ENFORCEMENT
8.1.1
Enforcement may be conducted by a Designated Officer through the issuance of a violation warning, warning notice, final
warning notice, stop order, violation tags or any other authorized action to ensure compliance.
PROHIBITION
8.2.1
No person shall contravene or permit a contravention of this Bylaw. No person shall commence or undertake a development,
use, or sign that is not permitted by this Bylaw.
8.2.2
No person shall contravene a condition of a development permit or subdivision approval issued under this Bylaw.
8.2.3
No person shall authorize or undertake any development that is not compliant with the description, specifications or plans
that were the basis for the issuance of a development permit.
8.2.4
No person shall modify any description, specifications, or plans that were the basis for the issuance of any permit by the
Development Authority.
RIGHT OF ENTRY
8.3.1
After reasonable notice (generally to mean 48 hours) to the owner or occupant in accordance with the Municipal
Government Act, a Designated Officer may enter the property at reasonable times (generally to mean between the hours of
7:30 a.m. and 10:00 p.m.) to ascertain if Bylaw requirements are being met.
8.3.2
A Designated Officer may enter the property outside of the identified period if, in their opinion, a possible violation
constitutes an immediate health, safety, or environmental concern.
VIOLATION WARNINGS
8.4.1
A Designated Officer may issue a violation warning for minor offences by outlining the nature of the violation, corrective
measures that may be taken, and the deadline for corrective measures.
8.4.2
A Designated Officer may issue a warning notice or a final warning outlining the nature of the violation, corrective measures
that may be taken, and the deadline for corrective measures, or both.
OFFENCES AND FINES
8.5.1
A person who contravenes or does not comply with the provisions of this Bylaw or permits a contravention of this Bylaw, or
who obstructs or hinders any person in the exercise or performance of the persons powers under Pat 17 of the Act or the
regulations under Part 17, may be subject to a penalty as set out in s. 566 of the Act and the municipality's Development Fees
Policy.
8.5.2
Where the Development Authority carries out an order, the Council shall cause the costs and expenses incurred in carrying
out the order to be placed on the tax roll as an additional tax against the property concerned, and that amount shall be
collected in the same manner as taxes on land, as provided for in Section 646 of the Act.
STOP ORDERS
8.6.1
On finding that a development, land use, or use of a building does not conform to the Municipal Government Act or its
regulations, a development permit or subdivision approval or the conditions of either, or this Bylaw, the Development
Authority may, by written notice, direct the owner of the property, the person in possession of the land, building, or sign, or
the person responsible for a contravention or any or all of them, to:
a.
stop the development or use of the land or building in whole or part as directed by the notice;
b.
demolish, remove, or replace the development or landscaping; or
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c.
carry out any other actions required by the notice for compliance.
8.6.2
The notice shall specify a deadline for compliance.
8.6.3
A person named in a stop order may appeal to the Subdivision and Development Appeal Board.
8.6.4
Subject to Section 542 of the Municipal Government Act, if a person fails to comply with the order of the Development
Authority, a Designated Officer, or the Subdivision and Development Appeal Board, a Designated Officer may enter on the
land or building and take any action necessary to carry out the order.
8.6.5
The Municipality may register a caveat against the certificate of title for the land that is subject to the order, provided that
the caveat is discharged when the order has been complied with.
8.6.6
The Municipality's costs of carrying out any actions required for compliance may be added to the tax roll of the land subject
to the order.
VIOLATION TAGS AND TICKETS
8.7.1
In accordance with the Provincial Offences Procedures Act, a Designated Officer may issue a violation tag to a person for
specific offences in contravention of a violation issuing a warning notice, a final warning notice, or stop order where there is
reasonable and probable grounds to believe there is a contravention of this Bylaw.
8.7.2
The Development Authority is hereby authorized and empowered to issue a violation tag to any person who the Development
Authority has reasonable and probable grounds to believe has contravened any provision of this bylaw.
8.7.3
A violation tag may be issued to a person either:
a.
personally or
b.
By mailing a copy by registered mail to such person at their last known address or address indicated on the
development permit issued to that person
8.7.4
The violation tag shall be in a form approved by the municipality and shall include:
a.
the name of the person thought to have created the contravention,
b.
The offence,
c.
the penalty for the offence,
d.
a requirement that the penalty be paid within 30 days of issuance of the violation tag,
e.
the method by which the tag may be paid, and
f.
other information as may be required by the municipality.
8.7.5
Offenses and related fines are as specified in the municipality's Development Fees Policy.
8.7.6
Where a contravention is of a continuing nature, further violation tags may be issued by the Development Authority, provided
however that no more than one violation tag shall be issued for each day that the contravention continues.
8.7.7
The person to whom the violation tag is issued may, in lieu of being prosecuted, sign the plea of guilty on the violation tag and
pay the specified fine to the location indicated on the violation tag.
8.7.8
If payment is not made within the time specified on the tag, a Designated Officer may issue a violation ticket requiring the
person to whom the violation ticket is issued to appear in court on the date specified in the summons portion of the ticket.
8.7.9
Nothing in this Bylaw shall prevent a Designated Officer from immediately issuing a violation ticket for the mandatory court
appearance of any person who contravenes any provision of this Bylaw.
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9.
GENERAL PROVISIONS
ACCESS AND PARKING
9.1.1
In all Districts, off-street parking spaces shall be provided in accordance with the minimum requirements of each use.
9.1.2
Unless otherwise approved by the Development Authority, a parking space shall not be less than 2.5 m (8.2 ft.) in width nor
less than 5.5 m (18.0 ft.) in length, and shall be located on the same parcel as the main building or use.
9.1.3
Off-street loading space shall be provided in accordance with the minimum requirements of each use.
9.1.4
Unless otherwise approved by the Development Authority, a loading space shall be located on the same parcel as the main
building or use.
9.1.5
In all Districts, if not otherwise provided for, in regulating the facilities for off- street parking, the owner of the land to be
developed may, subject to the approval of the Development Authority;
a.
provide the required off-street parking on land other than that to be developed, or
b.
at his option and in lieu of providing off-street parking, pay to the municipality such amount of money on such
terms, as the Development Authority considers reasonable in return for the equivalent public parking space to be
provided by the municipality elsewhere in the District. Any money so received by the municipality shall be used only
for the development of municipal off-street parking facilities.
ACCESSORY BUILDINGS
9.2.1
All proposed accessory buildings shall require a development permit, except as noted in Section 5.2.
9.2.2
Accessory buildings shall be located such that the minimum distances shown on Figure 1 below between the accessory
buildings and main buildings, parcel lines, and other buildings, structures, and uses are provided.
Figure 1: Accessory Building Envelope
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9.2.3
An accessory building shall not be used as a dwelling.
9.2.4
The siting of an accessory building on an irregularly shaped parcel shall be as required by the Development Authority.
9.2.5
In the Urban General (UG) District, the Country Residential (CR) District, and the Resort and Recreational (RR) District, any
accessory buildings shall not be located within the front yard.
9.2.6
An accessory building shall not be located closer than 2.0 m (6. 6 ft.) to a main building.
9.2.7
Where a structure is attached to the main building on a parcel by a roof, an open or enclosed structure, a floor, or a
foundation, it is to be considered a part of the main building and is not an accessory building.
9.2.8
Notwithstanding any regulation in this Section to the contrary, a fence or hedge may be constructed along a boundary line of
a parcel or immediately adjacent to a main building.
ENVIRONMENTAL CONSDERATIONS
9.3.1
Notwithstanding any other provision in this Bylaw to the contrary, no wintering of livestock shall be permitted to allow animal
manures to directly enter any watercourse or water body.
9.3.2
Development which is proposed adjacent to a wetland shall comply with the provisions of the Alberta Wetland Policy.
9.3.3
Development or water diversion may not occur in waterbodies, watercourses or Public Lands without prior consultation and
approval from Alberta Environment and Parks.
9.3.4
Development shall be discouraged from locating on sites with exhibit the following features:
a.
Steep Slopes,
b.
Slope Instability,
c.
High Ground Water Table, or
d.
Flood Plain or Flood Fringe areas.
The Subdivision or Development Authority may require that these features be delineated on the site plan when evaluating
the suitability of parcels subject to a subdivision or development permit application.
EXISTING SUBSTANDARD PARCELS
9.4.1
Development on existing substandard parcels may be considered by the Development Authority. Compliance with the
Plumbing and Drainage Regulations and any other Provincial legislation or regulations will be required.
HIGHWAYS AND COLLECTOR ROADS
9.5.1
No development permit shall be issued for development within 200.0 m (656.0 ft.) of the boundary of the right-of-way of a
highway until a permit for the development has been issued by Transportation and Economic Corridors.
9.5.2
All applications for development permits on a parcel adjacent to a collector road shall be referred to the Municipal District
transportation superintendent for comments prior to the consideration of the permit for approval.
9.5.3
On a parcel located at the intersection of a collector road with a rural road, no development shall be permitted within the
areas illustrated in Figure 2.
9.5.4
On a parcel located at the intersection of a two collector roads, no development shall be permitted within the areas
illustrated in Figure 3.
9.5.5
On a parcel located in the inside of a road curve, no development shall be permitted within the areas illustrated in Figure 4.
9.5.6
No development shall be located so that access or egress to a collector road is within 150 m (492 ft.) of the beginning or end
of a road curve of greater than twenty (20) degrees curvature or within 300 m (984.25 ft.) of the intersection of two (2) roads
as illustrated in Figures 3, and 4.
9.5.7
Every effort will be made to not allow access or egress from a collector road:
a.
within 150 m (492 ft.) of an existing access or egress on the same side of the road;
b.
within 150 m (492 ft.) of a bridge;
c.
within 150 m (492 ft.) of an at-grade railway crossing;
d.
when the existing surveyed road has been constructed to collector road standards, where the gradient of the road is
more than three percent (3%); and
e.
when an existing collector road is not constructed to collector road standards, unless construction to collector road
standards is expected within two (2) years, and the grade will then be less than three percent (3%).
9.5.8
The planting of trees adjacent to collector roads shall be in accordance with the requirements in Figures 3, and 4.
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9.5.9
Where a collector road intersects a highway, provincial regulations shall apply to development adjacent to the collector road
where it intersects.
9.5.10 Approaches onto highways or collector roads shall not exceed 20.0 m (66.0 ft.) in width.
Figure 2: Boundaries of Collector Roads
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Figure 3: Setbacks at Collector Road & Rural Road
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Figure 4: Setbacks at Collector Road and Collector Road
Figure 5: Setbacks at Collector Road Curve
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Figure 6: Setbacks at Rural Road and Rural Road
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NUMBER OF DWELLINGS ON A PARCEL
9.6.1
The maximum number of dwelling units permitted on any parcel of land shall not exceed one (1) except when the second or
additional dwelling units are proposed to be constructed or located on a parcel of 1.6 ha (4.0 ac.) in area or more.
9.6.2
The maximum number of dwelling units permitted on any parcel of land exceeding 1.6 ha (4 ac.) in size shall be at the sole
discretion of the Municipal Planning Commission.
9.6.3
Subject to the minimum parcel size requirement provided in subsection (2) above, the development of a second or additional
dwelling on any parcel of land shall be allowed provided that:
a.
a physical separation of a minimum of 45 m (147.6 ft.) is provided between dwellings,
b.
the dwellings are situated such that a subdivision placing the two dwellings on separate parcels could be easily
undertaken,
c.
all the residential development on the subject site adheres to the Plumbing Code Regulation with respect to sanitary
sewage disposal, and
d.
if the second or additional dwelling is to utilize the same water well, power supply, or other services as the first or
another building, all such services and the dwellings are to be developed and located such that all the requirements
of both private service companies and Provincial Regulations are met.
9.6.4
The above subsections (1), (2), and (3) shall not apply when the second or any additional dwelling or dwelling unit:
a.
Is a guest house,
b.
is to be occupied by a person who is employed in an existing agricultural operation,
c.
is contained in a building designed for or divided into two (2) or more dwelling units, or
d.
is a manufactured home as defined in this Bylaw, located within a manufactured home park, or
e.
is in a building that is the subject of a condominium plan registered in a Land Titles Office under the Condominium
Property Act.
However, this regulation shall not apply within the Lakeside Residential District. In that District, only one dwelling shall be
allowed on a parcel.
9.6.5
If approving a development permit under the circumstances described in subsection (4) above all the other regulations of this
Bylaw together with all requirements regarding the provision of water supply and the disposal of sanitary sewage must be
met by the development to the satisfaction of the Development Authority.
OBJECTS PROHIBITED OR RESTRICTED IN YARDS
9.7.1
No person shall keep or permit in any part of any yard in any Country Residential, Urban General, or Lakeside Residential
District:
a.
any dismantled or wrecked vehicle for more than fourteen (14) successive days;
b.
any object or chattel which, in the opinion of the Development Authority, is unsightly or tends to adversely affect
the amenities of the district in which it is located;
c.
any excavation, storage or piling up of materials required during construction unless all necessary safety measures
are taken, and the owner of such materials or excavations assumes full responsibility to ensure the situation does
not prevail any longer than reasonably necessary to complete a particular stage of construction work.
9.7.2
No fur bearing animals, fowl, or livestock other than domestic pets shall be permitted on parcels lying within the Urban
General, the Country Residential, or the Lakeside Residential Districts unless the parcel is greater than 1.2 ha (3.0 ac.) in area.
9.7.3
No wild boar shall be kept, reared, or bred within the Municipal District.
9.7.4
The matters of pollution and adverse effects on other properties shall be such that no use be allowed which may be offensive
to a neighbouring owner or municipality. The word "offensive" here implies sight, smell and/or anything, which may adversely
affect a neighbouring owner or municipality.
PROTECTION FROM EXPOSURE HAZARDS
9.8.1
The location of any anhydrous ammonia (AA) or liquefied petroleum gas (LPG) storage tank with a water capacity exceeding
9000 l (1980 gal.) shall be in accordance with the requirements of the Development Authority, but in no case be less than a
minimum distance of 120 m (393.7 ft.) from assembly, institutional, commercial, or residential buildings.
9.8.2
AA or LPG containers with a water capacity of less than 9000 l (19800 gal.) shall be sited in accordance with regulations under
the Gas Protection Act.
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9.8.3
Flammable liquids storage tanks at bulk plants or service stations shall be sited in accordance with regulations under the Fire
Prevention Act.
9.8.4
Setbacks from pipelines and other utility corridors shall be at the discretion of the Development Authority and be in
accordance with the appropriate Provincial legislation or regulations. Generally these setbacks will be 15 m (49.2 ft.) from the
rights-of-way of high-pressure lines and 5.0 m (16.4 ft.) from the rights-of-way of low-pressure lines.
RURAL ROADS
9.9.1
Development permits are required for development within 40.0 m (134.0 ft.) of the centre line of a rural road.
9.9.2
On a parcel located at the intersection of a rural road with a rural road, no development shall be permitted within the areas
illustrated in Figure 5.
9.9.3
No development shall be located so that access or egress to a rural road is within 90 m (295 ft.) of the beginning or end of a
road curve of greater than twenty (20) degrees curvature.
9.9.4
Every effort will be made to not allow access or egress from a rural road:
a.
within 150 m (492 ft.) of an existing access or egress on the same side of the road;
b.
within 150 m (492 ft.) of a bridge;
c.
within 150 m (492 ft.) of an at-grade railway crossing;
d.
when the existing surveyed road has been constructed to secondary road standards, where the gradient of the road
is more than three percent (3%); and
e.
when an existing secondary road is not constructed to secondary road standards, unless construction to secondary
road standards is expected within two (2) years, and the grade will then be less than three percent (3%).
9.9.5
There may not be more than two (2) approaches developed per 0.8 km (0.5 miles), except at the discretion of the
Development Authority.
9.9.6
Prior to any new approach being developed, the owner shall enter into an approach agreement with the municipality.
9.9.7
Whenever possible and at the discretion of the Development Authority, joint accesses shall be encouraged.
9.9.8
Approaches onto Rural Roads shall not exceed 20 m (66 ft.) in width.
SETBACKS FROM OIL AND GAS WELLS
9.10.1 All dwellings shall be set back a minimum of 100.0 m (328.1 ft.) from active or abandoned oil and gas wells.
9.10.2 All development shall comply with current AER setback requirements.
SIGNS
9.11.1 All proposed signs within 40.0 m (134.0 ft.) of the centre line of a road require a development permit prior to construction.
9.11.2 No signs or advertising structures of a commercial, directional, or informative nature shall be erected on land or affixed to any
exterior surface of any building or structure unless an application for this purpose has been approved and a development
permit has been issued.
9.11.3 No signs or advertising structures shall be erected on or affixed to private property without the prior consent of the property
owner or tenant.
9.11.4 No signs, billboards, advertising structures or signboards shall be erected on or affixed to public property without the prior
consent of the appropriate public body.
9.11.5 Notwithstanding the generality of subsections (1) and (2) above, nor the provisions of subsections (3) and (4) above, the
following signs may be erected on land or affixed to the exterior surface of a buildings or structure without application for a
development permit provided that no such signs shall be illuminated and provided that any necessary permits have been
obtained as required by Provincial regulations:
a.
signs for the purpose of identification, direction and warning or relating to a person, partnership or company
carrying on a profession, business or trade, or relating to an institution of a religious, educational, cultural,
recreational or similar character or to an apartment, to a club, or to a similar institution, not exceeding 3.0 m2 (32.0
ft.2) and limited to one (1) two-sided sign per parcel;
b.
temporary advertisement relating to the sale or letting of land, the sale of goods or livestock, the carrying out of
building or similar work, announcement of any local event of a religious, educational, cultural, political, or similar
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character not exceeding 1.9 m2 (20.5 ft.2), provided that all such temporary advertisements shall be removed by the
advertiser within fifteen (15) days of the completion of the event or works to which such advertisements relate;
c.
advertisements or signs in relation to the function of local authorities, utility boards, or other public or quasi-public
bodies.
9.11.6 No sign or advertisement shall resemble or conflict with a traffic sign, nor shall it be traffic hazard.
9.11.7 All signs shall be kept in a safe, clean, and tidy condition, and may, by direction of the Development Authority, be required to
be renovated or removed.
9.11.8 No signs or advertising structures of any kind shall be permitted within the vicinity of a Primary Highway without the prior
approval of Alberta Transportation and Economic Corridors.
SITE CONDITIONS
9.12.1 The Development Authority may prescribe or approve screening for uses which involve the outdoor storage of goods,
machinery, vehicles, building materials, waste materials, and other similar uses.
9.12.2 In considering the approval of an application, the Development Authority may impose conditions requiring the retention of
trees or additional planting of such a type and extent that their, in their sole discretion, considers necessary.
9.12.3 A minimum buffer strip of 25.0 m (82.0 ft.) shall be preserved from the top of the bank of any river, creek, watercourse, or
water body. No structures of any kind shall be permitted within this strip except for boathouses and except along Clear Lake.
The Development Authority may require a soil analysis, and additional setbacks may be required at their sole discretion.
9.12.4 The location of any shelterbelts shall be determined by the Development Authority.
9.12.5 No buildings, fences, trees, haystacks, or other similar obstructions to visibility shall be permitted at the intersection of two
rural roads (see Figure 5).
9.12.6 A permit is required before the commencement or continuation of the removal of topsoil and such permits shall only be
granted where it is shown to the satisfaction of the Development Authority that the land will not be adversely affected by
removal. The Development Authority may refer any application for removal of topsoil to any appropriate Provincial agency for
comment before consideration.
SOUR GAS FACILITIES
9.13.1 No development shall be permitted within 100 m (328.0 ft.) of a Level 1 sour gas facility (consisting of a well) as determined
by the Alberta Energy Regulator (AER).
9.13.2 In the case of a Level 2 sour gas facility as determined by the AER:
a.
no permanent dwelling shall be permitted within 100.0 m (328.0 ft.) of the facility; and
b.
no rural public facility shall be permitted within 500.0 m (1,640.4 ft.) of the facility.
9.13.3 In the case of a Level 3 or 4 sour gas facility as determined by the AER:
a.
no permanent dwelling shall be permitted within 100.0 m (328.0 ft.) of the facility;
b.
no country residential development at a density of more than 8 dwellings per quarter section shall be permitted
within 500.0 m (1640.4 ft.) of the facility; and
c.
no rural public facility shall be permitted within 1,500.0 m (4,921.2 ft.) of the facility.
WASTEWATER FACILITIES
9.14.1 All buildings erected, placed, or moved into land use districts established by this Bylaw to be used for a dwelling or a
commercial or industrial purpose shall be provided with wastewater facilities that meet current provincial requirements and
comply with the current Alberta Private Sewage Systems Standard of Practice.
9.14.2 As a condition of subdivision or development approval, on parcels which have access to municipal wastewater services, the
development proponent shall be required to connect to the service as a condition of approval.
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10.
SPECIAL PROVISIONS
ALTERNATE ENERGY SYSTEM, COMMERCIAL (CAE)
The Province of Alberta and its agencies, regulates large scale/commercial energy projects. Under Sections 619 and 620 of the
Municipal Government Act (MGA), the MD's regulatory role is very limited. The MGA (Sec. 619(2)) is very clear that "A license, permit,
approval or other authorization granted by the NRCB, ERCB, AER, AEUB or AUC prevails ..." over "... any statutory plan, land use bylaw,
subdivision decision or development decision ..." of a municipality.
The purpose of this section is to establish local standards for Commercial Alternate Energy (CAE) System developments, including but
not limited to solar, wind, biofuel, geo-thermal, fuel cell, micro-hydro, and other energy producing technologies whose purpose is to
produce energy for the commercial market.
10.1.1 Where Provincial or Federal Government or other Agency approval has been received for a CAE, a copy of the said approval
and supporting documents, shall be submitted to the Municipal District. The supporting information provided to the Province,
Federal Government or other Agency may be used to satisfy some or all the requirements of the Municipal District.
Protection of Agricultural Lands
10.1.2 The siting of an CAE should take place on lands considered to be low production, or on poor agricultural land to minimize the
conversion of high-capability agricultural soils to other uses.
General Requirements
10.1.3 A development permit application shall be made for every title upon which the CAE is proposed.
10.1.4 A site plan(s) shall be required for each title but a single, master set of supporting documents may be submitted for the
overall project.
10.1.5 No signage for the purpose of advertising, other than the name of the system provider, shall be allowed on a CAE.
Public Consultation
10.1.6 Prior to the submission of a development permit application the Applicant shall:
a.
Arrange and host at least one (1) open house or public meeting, in the general area of the site proposed for the
development;
b.
Advertise the time, date, and place of the open house or public meeting:
i
in a newspaper circulating within the area of the proposed development, with the advertisement appearing a
minimum of two (2) weeks in advance of the public meeting,
ii mail a written notice of the time, date, and place of the open house to all landowners within the area proposed
for the development, and all landowners within 2.0 km (1.2 miles) of the boundary of the area proposed for
the development;
a.
The information provided at the public meeting shall be all the information that would be required as part of a
Development Permit application for the proposal;
b.
Opportunities for questions and input from the public shall be allowed;
c.
A summary of the presentation and the public input shall be recorded.
10.1.7 If public consultation was held as part of the Provincial approval process, the Applicant may submit the details of that
consultation to the Municipal District to satisfy the requirements of Section 10.1.6.
Safety
10.1.8 All applications shall include:
a.
An emergency response plan; and
b.
A detailed safety plan identifying any special rescue needs for workers that is beyond the local emergency
responders' equipment and training capability.
10.1.9 All applicable Safety Codes permits are required to be obtained.
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Transmission Lines
10.1.10 All collector lines, (less than 69kV) on the site of a CAE generating electrical power, shall be underground, except where the
Development Authority approves otherwise.
Color and Finishes
10.1.11 The buildings, blades, supporting structures, and accessory buildings shall be painted or coated in non-reflective and non-
glossy tones and/or colors which minimize the obtrusive impact of a CAE.
10.1.12 No brand names, lettering or advertising shall appear on buildings, towers, blades, support structures or accessory buildings
and structures.
10.1.13 The lettering or imagery that may appear on the lowest 3.0 m (10.0 ft.) of a tower or building of a CAE are the manufacturer's
identification and contact information, the operator's identification and contact information, emergency contact information,
and municipal symbol.
MD Standards
10.1.14 All roads, approaches, culverts, fences, or other Municipal District infrastructure to be replaced, constructed, upgraded, or
reconstructed, shall be built to the MD's standards current at the time of construction.
Referral
10.1.15 Prior to deciding upon an application for a CAE, the Development Authority may refer for the review, comment, and any input
provided from any of the following entities:
a.
Alberta Utilities Commission;
b.
Alberta Transportation and Economic Corridors;
c.
Transport Canada;
d.
NavCanada;
e.
Alberta Electrical Systems Operator;
f.
Adjoining municipal boundary if the application area is within 2 km (1.2 miles) of the municipal boundary; and,
g.
any other person, departments, agency, commission, or government the Development Authority deems necessary.
Decommissioning
10.1.16 Decommissioning and reclamation shall take place in compliance with the applicable provincial standards of the day the site is
decommissioned. If no standards are in place at the time of a development permit application, the Applicant shall provide a
plan outlining how the site will be decommissioned and reclaimed to the site's predevelopment state as part of the
Development Permit application. The decommissioning plan shall include information on the following:
a.
Treatment of buildings, footings, foundations, structures, and wires;
b.
Reclamation of access roads, driveways, pathways, storm ponds, drainage systems, and other similar disturbances;
c.
The type and suitability vegetation and/or ground cover to be planted and/or seeded;
d.
Notice to be given to landowners and the Municipal District;
e.
Containment of hazardous materials;
f.
Site security;
g.
Haul routes for disposal materials;
h.
Control of noise, dust, particulates, and weeds;
i.
Discussion of the timetable for decommissioning plan.
Financial Security
10.1.17 As a condition of development approval, the Municipal District may require financial security, in the form satisfactory to the
Development Authority, to ensure the Reclamation/Decommissioning Plan is implemented and to cover assignment and
bankruptcy. The condition may include a periodic review of the security to ensure the amount is sufficient to implement the
Reclamation/Decommissioning Plan.
Discontinuance
10.1.18 Should an Alternate Energy Development discontinue producing power for a minimum of two consecutive years, or two
cumulative years over a five-year period, the operator shall provide a report on the status of the System to the Municipal
District. A review of the status report by the Municipal District may result in the request for the System to be
decommissioned. Failure to comply with a decommissioning request may result in the issuance of a stop order by the
Municipal District in accordance with the provision of the Municipal Government Act.
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Solar Energy Conversion System
Applications
10.1.19 Development Permit applications for a solar energy collection system shall be accompanied by the following information:
a.
A plan showing the location of overhead and/or underground utilities on or adjacent to the subject lands.
b.
A detailed site plan showing:
i
the titled parcel(s);
ii the location of the system on the parcel(s);
iii the required setbacks;
iv existing structures if any;
v the existing or proposed approach(es); and
vi the orientation of the solar collectors.
c.
The application shall also include details regarding:
i
the system type;
ii number of structures;
iii height of structures;
iv energy process;
v grid connection;
vi rated output in megawatts;
vii signage;
viii public safety;
ix security measures;
x topography;
xi stormwater management plan;
xii the results of the public consultation process; and
xiii weed control plan.
Glare
10.1.20 Solar panels must be located such that they do not create glare on neighboring properties or public roadways.
Height and Setbacks
10.1.21 The maximum heights and setbacks of building mounted or ground mounted solar collection system shall be subject to the
height and setback requirements of the applicable Land Use District.
Fire Protection
10.1.22 The spacing and height of solar collectors shall be designed to provide access for firefighting.
Density
10.1.23 The location of and maximum number of solar collectors per Title may be regulated by the Development Authority.
Wind Energy Conversion System (WECS)
Applications
10.1.24 An individual development permit application shall be submitted for each titled parcel.
10.1.25 Development Permit applications for a wind energy conversion system shall be accompanied by the following information:
a.
An accurate site plan showing and labeling the information outlined in this section and the location of overhead
and/or underground utilities on or adjacent to the subject lands;
b.
A digital version of the site plan showing the exact location and base elevation of each WECS in UTM coordinates
with NAD 12 83N;
c.
A visual representation of the WECS project including scale elevations, photographs and/or digital projections of the
project showing height, rotor diameter, color, and landscape;
d.
A digital version of the site plan showing the exact location and base elevation of each WECS in UTM coordinates
and NAD 12 83N;
e.
Reclamation plan;
f.
The manufacturer's specifications indicating:
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i
the proposed systems rated output in megawatts;
ii the safety features; and
iii the type of material used in the tower, blade, and rotor construction, iv. foundation design and/or anchor
design, including the location and anchoring of any guy wires.
g.
An analysis of the potential for noise and shadow/flicker effect, both at the site of the installation, at the boundary
of the property containing the development, and at any habitable residence within 2 km (1.2 miles) of any WECS in
accordance with Alberta Utilities Commission Rule 12;
h.
The results of the public consultation process;
i.
The potential for electromagnetic interference;
j.
The nature and function of over speed controls which are provided;
k.
The status of the Applicant's circulation to NavCanada, Transport Canada, Alberta Utilities Commission, and any
other government department or agency required for provincial approval;
l.
Information on public safety;
m. Identification of any roads to be used or constructed for use during construction of the project and any impacts to
the existing road system including required approaches from public roads;
n.
A copy of the Wire Service Provider (WSP) approval if the WECS is proposed to be connected to the provincial power
grid;
Setbacks
10.1.26 The setback distance between a WECS and a dwelling, within and without the project boundary, shall be as established by the
Alberta Utilities Commission through the calculations of AUC Rule 12.
10.1.27 The WECS's tower shall be setback from the boundary of all Municipal District road right of way (developed or undeveloped),
a minimum distance equal to the total height of the tower plus 10 percent.
10.1.28 A WECS shall be setback not less than 7.5 m (24.6 ft.) from all other property lines, as measured from the rotor's arc (rotor
diameter).
10.1.29 If the tower utilizes guy wire anchors, the anchors, but not the tower, may be located no closer than 3.0 m (10.0 ft.) to the
property lines.
Minimum Blade Clearance
10.1.30 The minimum vertical blade clearance from grade shall be 7.6 m (25.0 ft.) for a WECS employing a horizontal rotor.
Tower Access and Safety
10.1.31 To ensure public safety, the Development Authority may require that:
a.
If the tower is climbable, a security fence with a lockable gate, not less than 1.9 (6.0 ft.) in height, shall be installed
around a WECS tower;
b.
No ladder or permanent tower access device shall be located less than 3.7 m (12.0 ft.) from grade;
c.
A locked device shall be installed on the tower to preclude access to the top of the tower;
d.
Additional access control features or such additional safety mechanisms or procedures may be required by the
Development Authority; and
e.
The use of tubular towers, with locked door access, will preclude the above requirements.
Other Energy Systems
Application
10.1.32 Development Permit applications for all other types of Alternate Energy production systems shall be accompanied by the
following information:
a.
An accurate site plan showing and labelling:
i
the legal location(s) of the proposed system;
ii the location of the proposed system on the property or properties in relation to property lines and existing or
proposed buildings or structures;
iii the location of the existing or proposed access;
iv the identification of any sensitive environmental features;
v the topography of the site;
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vi the method of exporting the energy off site - power lines, pipelines, vehicles, etc.;
vii Detailed information on the type of facility, structure, or system of the energy process involved;
viii The manufacture's specifications, indicating: (if applicable);
ix the rated output in megawatts or gigajoules; and
x the safety features;
b.
Any information regarding public safety; e. Information or verification of:
i
the volume of water, if required;
ii the source of the water, if required;
iii the reclamation process of any water utilized by the system;
iv the stormwater management system, if required;
v the method of disposal of any waste material generated by the system;
vi the generation and mitigation of any noise, vibration, odor, light, particulate that results from the production
process;
c.
An analysis of the potential fire, explosive, or other hazards of the proposed system; and
d.
A Traffic Impact Assessment or other information/analysis of traffic volumes and any impacts to the local road
system.
Setbacks
10.1.33 The buildings and structures of non-solar and non-wind based Alternate Energy Development(s) shall comply with all the
setbacks established in the district in which it is located with the following modifications:
a.
A minimum of 250.0m (820.0 ft.) from any residential dwelling, food establishment, institutional use, or public use,
facility, or building;
b.
A minimum of 100.0 m (328.0 ft.) from the boundary of any creek, stream, river, lake shore or water body.
Geothermal Systems
10.1.34 All geothermal systems shall be Closed Loop systems. Open Loop systems (pump & dump) are not allowed.
10.1.35 All geothermal systems shall comply with CSA-C448 and subsequent amendments. Exceptions may be allowed, at the
discretion of the Development Authority, provided documented proof is provided showing that the exception meets or
exceeds CSA-C448 standard.
10.1.36 Installations must be stamped by a qualified Professional Engineer registered under the "Engineering, Geological, or
Geophysical Professions Act' of Alberta or have the system and installer certified by the Canadian GeoExchange Coalition
(CGC) or other future governing body having jurisdiction within the Province of Alberta.
10.1.37 In no case may an ethylene glycol-based fluid be used nor shall any flammable or combustible agent such as methanol,
ethanol, natural gas, or propane be used as a heat transfer fluid.
Conditions of Approval for Any CAE
10.1.38 Depending on the type of CAE proposed, the Development Authority shall consider, as limited by Sections 619 and 620 of the
Municipal Government Act, or not as the case may be, in addition to any other conditions authorized under other sections of
this Bylaw or Statutory Plan, attaching conditions related to any of the following:
a.
Entering into a development agreement with the Municipal District in accordance with the Municipal Government
Act;
b.
Preparing by qualified professionals and at the Applicant's expense, all the necessary studies, maps, diagrams,
reports, and analysis, whether printed and/or digital, required in support to their application;
c.
Confining all surface drainage on site and protecting any adjacent water bodies from run-off;
d.
Treating any wastewater on site and/or disposing of any wastewater as required by the Municipal District;
e.
Disposing of any non-wastewater liquids in accordance with the requirements of the Municipal District;
f.
Storing/containing all feedstock and materials within buildings or containment facilities;
g.
Disposing of any other waste materials;
h.
Restricting vehicle/truck traffic, whether owned or contracted by the Applicant, that transport construction
material, raw material or feedstock or finished/processed goods associated with the development to designated
haul routes and times through an agreement and the provision of securities;
i.
Dust control measures;
j.
Sound control measures;
k.
Installing underground all energy transmission (whether electrical, liquid or gas) lines from the site to the applicable
collection point;
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l.
Securing all necessary approvals from any other agency with jurisdiction on the type of CAE proposed and providing
the Municipal District with a copy of the approval required;
m. Identifying and providing for a staged or phased development;
n.
Constructing or paying for the construction of any new or the upgrading of any existing municipal infrastructure
related to the project, such as but not limited to roads, approaches, signage, water lines, and sewage lines;
o.
Requiring ground cover, weed control, grading, soil erosion control emergency/fire suppression, and drainage
measures;
p.
Specifying time periods to:
i
start, suspend, and complete construction activities,
ii trigger decommissioning activities;
q.
Providing for the amenity of the site or development through improvements such as landscaping, berming, and
buffering; and,
r.
Any other condition or conditions necessary to give form and effect to the project.
ALTERNATE ENERGY SYSTEM, INDIVIDUAL (IAE)
The purpose of this section is to establish standards for Individual Alternate Energy (IAE) developments, including but not limited to
solar, wind, biofuel, geo-thermal, fuel cell, micro-hydro, for use by households, agricultural operators, or individual business to meet
some or all their energy needs on the subject site, or a site immediately adjacent to the subject site.
General Requirements for All Individual Systems
10.2.1 No re-districting is required for a parcel or site for an Individual Alternate Energy System (IAE).
10.2.2 A development permit is required for any IAE.
10.2.3 All applicable Safety Codes permits are required.
10.2.4 If the subject site is located within lands subject to Alberta Transportation and Economic Corridors' jurisdiction, an approved
Roadside Development Permit from Alberta Transportation and Economic Corridors shall be required and included with the
Development Permit application. (For the purposes of Section 683.1(1) of the Municipal Government Act, an application shall
not be considered as received unless the Roadside Development Permit is included with the application.)
Solar Energy Conversion System Applications
Application
10.2.5 In addition to the requirements of Part 3 of this Bylaw, the application may be required to include:
a.
Information of any impacts to the Municipal District road system such as, but not limited to
i
Identification of the roads to be used to construct and operate the development,
ii number, type of vehicle movements, and load weights,
iii expected time-period of movements: short-term, periodic, or ongoing,
b.
For systems that are to be tied into the grid, evidence that the Utility Operator has been informed of the Applicant's
intent to install an interconnected customer-Owner generator.
c.
Documentation demonstrating that the system is designed to produce energy primarily for the sole use and
consumption on-site by the landowner, resident, occupant, or business;
d.
The manufacturer's specifications for the proposed system and rated output in kilowatts;
e.
A site plan showing the location, setbacks, and orientation of the solar collectors;
f.
For panels to be affixed to the wall of a building or accessory structure,
i
a description of how the panels are to be mounted or affixed,
ii the maximum projection from the wall, and,
iii the structural capacity of the building and/or wall to support the proposed development;
g.
For free-standing solar panels,
i
a description of the proposed ground mount design,
ii the clearance to the bottom of the collectors,
iii the maximum height from existing grade, and,
iv the method of vegetation/weed control.
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Glare
10.2.6 Solar panels must be located such that they do not create glare onto neighboring properties or public roadways.
Mounting and Projection
10.2.7 Solar collectors mounted to the roof of a building or structure shall not extend beyond the outermost edge of the roof.
10.2.8 The maximum projection of any solar collectors affixed to a wall of a building or structure in a residential District shall be:
a.
1.5 m (5.0 ft.) from the surface of a wall that faces a rear parcel line; and,
b.
In all other cases 0.6m (2.0 ft.) from the surface of any other wall.
Setbacks
10.2.9 Freestanding solar collectors shall be subject to the setback requirements of the applicable Land Use District or as required by
Alberta Transportation and Economic Corridors, whichever is greater.
Height
10.2.10 The maximum height of a freestanding solar collector shall not exceed 2.4 m (8.0 ft.).
10.2.11 For freestanding solar collectors, sufficient clearance shall be retained under the structure to allow for weed control, grass
cutting and for fire suppression.
Density
10.2.12 The location of and maximum number of solar collectors per Title may be regulated by the Development Authority.
Wind Energy Conversion System (WECS)
Application
10.2.13 Development Permit applications for a wind energy conversion system shall be accompanied by the following information:
a.
Documentation demonstrating that the system is designed to produce energy primarily for the sole use and
consumption on-site by the landowner, resident, occupant, or business;
b.
The manufacturer's specifications indicating:
i
the proposed systems rated output in kilowatts,
ii the safety features,
iii the sound characteristics,
c.
A site plan showing the location and setbacks of the WECS on the property;
d.
Drawings, drawn to scale, of the wind turbine structure, including the tower, base, footings, and anchoring method.
An engineering analysis of the Wind Turbine Tower showing compliance with the International Building Code and
certified by a licensed professional mechanical, structural, or civil engineer shall also be submitted. Documentation
of this analysis supplied by the manufacturer shall be accepted.
e.
The specifications on the foundations and/or anchor design, including the location and anchoring of any guy wires;
f.
The location of any existing buildings or improvements on the property in relation to the WECS;
g.
Evidence of compliance with applicable air traffic safety regulations. (Transport Canada must be notified of the
location - latitude and longitude - and height of all wind turbine installations through the aeronautical clearance
application process.)
10.2.14 Prior to deciding upon an application for a WECS, the Development Authority may refer for the review and comment, and
consider any input received from the following entities:
a.
Alberta Utilities Commission;
b.
Alberta Transportation and Economic Corridors;
c.
Alberta Utilities Commission and the Alberta Energy Systems Operator for applications proposing to connect to the
grid;
d.
Transport Canada;
e.
Navigation Canada; and
f.
Any other person, departments, agency, or commission the Development Authority deems necessary.
10.2.15 Individual WECS shall comply with the following standards:
a.
There shall be a limit of one WECS per Titled area.
Setbacks
10.2.16 The WECS's tower shall be setback from all property lines a minimum distance equal to the height of the tower, or the
minimum setbacks set out in the applicable Land Use District, or as required by Alberta Transportation and Economic
Corridors, whichever is greater.
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10.2.17 If the tower utilizes guy wire anchors, the anchors, but not the tower, may be located no closer than 3.0 m (10.0 ft.) to the
property lines.
Height
10.2.18 A WECS tower shall not exceed a maximum height of:
a.
12.1 m (40 ft.) on a parcel of less than 0.4 ha (less than 1.0 acre),
b.
19.8 m (65 ft.) on a parcel 0.4 - 2.0 ha (1.0 - 5.0 acres),
c.
24.4 m (80 ft.) on a parcel greater than 2.0 ha (5.0 acres).
Finish and Markings
10.2.19 The tower and supporting structures shall be painted or coated in tones and/or colors matching the existing tones and/or
colors of the principal building that are non-reflective and non-glossy.
10.2.20 Brand names or advertising associated with the system or the system's installation shall not be visible from any public place.
Illumination
10.2.21 Small Wind Turbine Towers shall not be artificially lit except as required by NavCanada.
Tower Access and Public Safety
10.2.22 If the tower is climbable, a security fence with a lockable gate, not less than 1.9 (6.0 ft.) in height, shall be installed around a
WECS tower;
10.2.23 No ladder or permanent tower access device shall be located less than 3.7 m (12.0 ft.) from grade;
10.2.24 A locked device shall be installed on the tower to preclude access to the top of the tower;
10.2.25 Additional access control features or such additional safety mechanisms or procedures may be required by the Development
Authority;
10.2.26 The use of tubular towers, with locked door access, will preclude the above requirements.
Electro-magnetism
10.2.27 The system shall be operated such that any electro-magnetic interference is dealt with as per the permit issued by the AUC. If
electromagnetic interference is determined during operation, the developer will work with the affected stakeholder (s) to
mitigate any issues.
Output
10.2.28 The system's maximum power output shall not exceed 5 kilowatts.
Noise Level
10.2.29 The noise generated by the system shall not exceed 60dB(A) or exceed more than 5dB(A) above background sound, as
measured at the exterior of the closest inhabited Dwelling (at the time of installation or during operation), for wind speeds
below 10 m per second (22 mph) and except short-term event such as utility outages and/or severe windstorms.
Discontinuance
10.2.30 Upon abandonment or termination of the system's use, the entire facility, including the system's tower, turbine, supporting
structures and all equipment, shall be removed and the site shall be restored to its pre-WECS condition.
Other Individual Alternate Energy Systems
Application
10.2.31 Development Permit applications for all other types of Alternate Energy production systems shall be accompanied by the
following information:
10.2.32 Documentation demonstrating that the system is designed to produce energy primarily for the sole use and consumption on-
site by the landowner, resident, occupant, or business;
10.2.33 An accurate site plan showing and labelling:
a.
the location of the proposed system on the property,
b.
the location of the proposed system in relation to any other buildings or structures on the property,
c.
the location of the existing or proposed access,
d.
detailed information on the type of facility, structure, or system,
e.
the energy process involved,
f.
the manufacture's specifications, indicating (if applicable)
g.
the rated output in megawatts or gigajoules,
h.
the safety features, and,
i.
the sound characteristics;
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10.2.34 Information on public safety regarding such aspects as fire hazards, chemicals used, storage of hazardous materials, exposure
to corrosive or and hazardous fumes;
10.2.35 Information or verification of:
a.
the volume of water, if required,
b.
the source of the water, if required,
c.
the reclamation process of any water utilized by the system,
d.
the stormwater management system, if required, and,
e.
the method of disposal of any waste material generated by the system;
Geothermal Systems
10.2.36 All geothermal systems shall be Closed Loop systems. Open Loop systems (pump & dump) are not allowed.
10.2.37 Must comply with CSA-C448 and subsequent amendments. Exceptions may be allowed, at the discretion of the Development
Authority, provided documented proof is provided showing that the exception meets or exceeds CSA-C448 standard.
10.2.38 Installations must be stamped by a qualified Professional Engineer registered under the "Engineering, Geological, or
Geophysical Professions Act' of Alberta or have the system and installer certified by the Canadian GeoExchange Coalition
(CGC) or other future governing body having jurisdiction within the Province of Alberta.
10.2.39 In no case may an ethylene glycol-based fluid be used nor shall any flammable or combustible agent such as methanol,
ethanol, natural gas, or propane be used as a heat transfer fluid.
Conditions of Approval
10.2.40 Depending on the type of IAE proposed, the Development Authority may consider, as limited by Sections 619 and 620 of the
Municipal Government Act, or not as the case may be, in addition to any other conditions authorized under other sections of
this Bylaw or Statutory Plan attaching conditions related to the following:
a.
Entering into a development agreement with the Municipal District in accordance with the Municipal Government
Act;
b.
Preparing by qualified professionals and at the Applicant's expense, all the necessary studies, maps, diagrams,
reports, and analysis, whether printed and/or digital, required in support to their application;
c.
Confining all surface drainage on site and protecting any adjacent water bodies from run-off;
d.
Treating any wastewater on site and/or disposing of any wastewater as required by the Municipal District;
e.
Disposing of any non-wastewater liquids in accordance with the requirements of the Municipal District;
f.
The methods of disposing of any other waste material;
g.
Storing/containing all feedstock and materials within buildings or containment facilities;
h.
Restricting vehicle/truck traffic, whether owned or contracted by the Applicant, that transport construction
material, raw material or feedstock or finished/processed goods associated with the development to designated
haul routes and times;
i.
Require the entering of a road use agreement and the provision of security;
j.
Constructing or paying for the construction on any new road or approach required for the development and/or
upgrading or paying for the upgrading of an existing road or existing approach required for the development;
k.
Dust control;
l.
Sound control;
m. Installing underground all energy transmission (whether electrical, liquid or gas) lines from the site to the applicable
collection point;
n.
Compliance with necessary approvals from any other agencies with jurisdiction on the type IAE proposed and
providing the Municipal District with a copy of the approval required;
o.
Identifying and providing for a staged or phased development;
p.
Placing restrictions on parts or elements of the proposed development, such as but not limited to locations, heights,
colors, densities, setbacks, etc.;
q.
Constructing or paying for the construction of non-municipal infrastructure related to the project;
r.
Requiring ground cover, weed control, grading, soil erosion control emergency/fire suppression, and drainage
measures;
s.
Specifying time periods to:
i
start, suspend, and complete construction activities,
ii trigger decommissioning activities;
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t.
Providing for the amenity of the site or development through improvements such as landscaping, berming, and
buffering; and,
u.
Any other condition or conditions necessary to give form and effect to the project.
BED AND BREAKFAST ESTABLISHMENTS
10.3.1 A bed and breakfast establishment shall not change the principal character or external appearance of the dwelling involved,
or interfere with the residential community of the area in which it is located.
10.3.2 A bed and breakfast shall generally have a maximum of five (5) sleeping bedrooms, though this number may be more or less,
at the discretion of the Development Authority, based on the impact of the proposed bed and breakfast establishment on its
surrounding neighbours. For instance, in a small residential cul-de-sac in a hamlet, it may be that only one (1) or two
bedrooms may be approved by the Development Authority. In the Agricultural District, on a Secondary Highway, where there
is no intensive livestock operation for a great distance from the site, it may be that seven (7) or eight (8) bedrooms may be
approved by the Development Authority.
10.3.3 Cooking facilities shall not be located within the sleeping units.
10.3.4 In addition to any other parking requirements of this Bylaw, one (1) additional parking space shall be provided for each
sleeping unit.
10.3.5 A bed and breakfast establishment shall comply with all of the requirements for a home occupations described in this Bylaw.
CANNABIS PRODUCTION AND DISTRIBUTION
10.4.1 Regulations within this section apply to the production and development of licensed cannabis for medical and non-medical
purposes.
10.4.2 No cannabis production and distribution facility shall be permitted unless all applicable licensing and approvals have been
provided for by the provincial and federal governments.
10.4.3 A cannabis production and distribution facility shall comply with all applicable federal and provincial regulations.
10.4.4 A cannabis production and distribution facility must comply with the following requirements, in addition to any other
municipal, provincial, or Federal regulations and requirements:
a.
must meet all applicable requirements of the identified district, which allows for the use;
b.
a copy of the current license(s) for the cannabis production and distribution development as issued by the provincial
and/or federal government shall be provided to the Development Authority with the application or as a condition of
development permit approval.
10.4.5 A cannabis production and distribution facility shall meet security and premises requirements as required under provincial
and federal legislation and any additional security requirements imposed as a condition of the development permit issued by
the Development Authority.
10.4.6 The design of the building(s) and the landscaping on the site shall be consistent with the characteristics and appearance of
the surrounding neighbourhood.
10.4.7 The development shall be designed to minimize any exposure or disturbance to the surrounding area including, but not
limited to, dust, pollution, noise, odour, or any other related land use nuisance effects.
10.4.8 No outdoor storage of goods, material, or supplies shall be permitted.
10.4.9 Solid waste material shall be secured in accordance with provincial and federal regulations until destroyed.
10.4.10 All activities related to the cannabis production and distribution facility shall occur within fully enclosed stand-alone
building(s), including but not limited to loading, receiving, and shipping of cannabis and any other goods, materials, and
supplies.
10.4.11 Hours of operation shall be restricted as a condition of the development permit issued by the Development Authority.
10.4.12 Exterior lighting and noise levels shall satisfy the following requirements:
a.
the illumination of parking areas, walkways, signs, and other structures associated with cannabis production and
distribution development shall be arranged to meet the requirements under provincial and federal regulations; and
b.
noise from facilities shall not exceed the levels allowed under the Land Use Bylaw or any other bylaw and/or policy
of the municipality and the requirements under provincial and federal regulations.
10.4.13 Minimum parcel size shall be at the discretion of the Development Authority.
10.4.14 Minimum setback from any watercourse or waterbody shall be 30.0 m (98.4 ft).
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10.4.15 Maximum parcel coverage shall be at the discretion of the Development Authority.
10.4.16 Maximum height of the principal building shall be 10.0 m (32.8 ft).
10.4.17 A building or structure used for security purposes for a cannabis production and distribution facility may be located within the
front yard and must comply with the required minimum setbacks.
10.4.18 On site buffering measures shall be required for all cannabis production and distribution facilities. Buffers may include a
combination of: setbacks, landscaping and fencing to mitigate the impacts on adjacent parcels.
10.4.19 Parking and loading requirements for a cannabis production and distribution facility shall be provided at the discretion of the
Development Authority and any applicable requirements in provincial and federal regulations, as amended or replaced.
CANNABIS RETAIL SALES
10.5.1 Regulations within this section apply to the retail sale of cannabis.
10.5.2 No cannabis retail sales establishment may be allowed unless all applicable licensing and approvals have been provided for by
the provincial and federal governments.
10.5.3 Cannabis retail sales establishments shall comply with all Land Use Bylaw and policy requirements as well as all applicable
Federal and Provincial regulations including the Cannabis Act and the Gaming Liquor and Cannabis Act.
10.5.4 Any cannabis retail sales development must comply with the following requirements, in addition to any other municipal or
provincial regulations or requirements:
a.
must meet all applicable requirements of the identified district which allows for the use;
b.
only facilities licensed by the provincial or federal governments will be permitted; and
c.
a copy of the license(s) for the cannabis retail sales establishment, as issued by the provincial government, shall be
provided to the Development Authority, or made a condition of the Development Permit issued by the Development
Authority.
10.5.5 Cannabis retail sales establishments must include suitable landscaping and parking requirements, as determined by the
Development Authority. Parking shall comply with regulations of this Bylaw and meet all servicing standards of the
municipality.
10.5.6 The design of the buildings and the landscaping on the site shall be consistent with the characteristics and appearance of the
surrounding neighbourhood.
10.5.7 Cannabis retail sales establishments shall meet security and premises requirements as required under provincial and federal
legislation.
10.5.8 The development shall be designed to minimize any exposure or disturbance to the surrounding area including, but not
limited to, dust, pollution, noise, odour, or any other related land use nuisance effects.
10.5.9 No outdoor storage of goods, material, or supplies shall be permitted.
10.5.10 Solid waste material shall be secured in accordance with provincial and federal regulations until destroyed.
10.5.11 Hours of operation shall be restricted as a condition of the development permit issued by the Development Authority.
10.5.12 Exterior lighting and noise levels shall satisfy the following requirements:
a.
the illumination of parking areas, walkways, signs, and other structures associated with cannabis retail sale
development shall be arranged to meet the requirements under provincial and federal regulations.
10.5.13 Cannabis retail sales establishments as defined in this Bylaw shall be setback from locating near the following sensitive uses:
a.
within 100.0 m (328.1 ft) of a public education facility, a provincial health care facility, a school reserve, or a
municipal and school reserve.
10.5.14 A public education facility, provincial health care facility, school reserve or municipal and school reserve constructed or
created after the approval of a cannabis retail sales establishment shall not retroactively impact the cannabis retail sales
establishment.
10.5.15 The separation distance between the cannabis retail sales establishment and the uses listed in subsection 10.2.13 shall be
determined by measuring a straight line from the outer wall of the proposed cannabis retail sales establishment to the closest
point on the parcel containing the sensitive use.
10.5.16 A site, building or structure established, operated, or maintained as a cannabis retail sales establishment shall comply with
the provisions made for in any applicable municipal, provincial, and federal regulations as per this Bylaw.
10.5.17 Applications for subdivision of land for this use shall include the information required by the Development Authority.
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CONFINED FEEDING OPERATIONS AND MANURE STORAGE FACILITIES
10.6.1 Confined feeding operations and manure storage facilities for which an approval or a registration is required pursuant to the
Agricultural Operations Practices Act are not regulated by this Bylaw but by that Act.
GENERAL COMMERCIAL USES
10.7.1 Applications for general commercial uses may be considered by the Development Authority within the Agricultural (A) District,
Controlled Urban Development (CUD) District, or a land use district prepared to address general commercial uses.
10.7.2 Proposals for general commercial uses may be considered for lands within the Urban General District if the proposed use
requires connections to existing water and/or wastewater services.
10.7.3 General commercial uses shall not be allowed within multi-lot country residential developments.
GUEST HOUSE
10.8.1 Guest Houses shall meet all Alberta Safety Code requirements for their use as habitable dwelling units.
10.8.2 Where a guest house is proposed in an accessory building such as a garage or shop the guest house shall be constructed to
have an entrance that is separate from the vehicle entrance to the detached garage or shop from a common indoor landing
or direction from the exterior of the structure.
10.8.3 The Maximum height shall be as determined by the Development Authority who shall have regard for the location of the
guest house in relation to building on adjacent parcels.
10.8.4 Guest houses shall conform to the setback requirements for an accessory building.
10.8.5 Where a guest house is two storeys or located on the second storey of an accessory building, the upper storey windows
contained within the guest house portion of the building shall be placed and sized such that the minimize overlook into yards
and windows of abutting properties.
HOME OCCUPATIONS
10.9.1 No person other than the occupants, the occupants' immediate family, and one (1) paid assistant (approved in principle by
the Development Authority) shall be engaged in such occupations on the premises.
10.9.2 The use should 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.
10.9.3 No variation in the residential character and appearance of the dwelling, ancillary residential building, or land shall be
permitted.
10.9.4 Advertising signs may be limited in size and number by the Development Authority.
10.9.5 The use shall not generate substantially more vehicular and/or pedestrian traffic and vehicular parking than normal within the
District.
10.9.6 No offensive noise, vibration, electrical interference, smoke, dust, odours, heat, or glare shall be produced by the use.
10.9.7 No use shall cause an increase in the demand placed on 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.
10.9.8 No use requiring electrical or mechanical equipment shall cause a substantial fire rating change in the structure or the area in
which the home occupation is located.
10.9.9 The development permit shall be valid only for the period the property is occupied by the applicant for such permit.
10.9.10 All development permits issued for home occupations shall be subject to the condition that the permit is renewable 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.
10.9.11 Council may, by resolution, declare certain uses to be undesirable as home occupations.
INDUSTRIAL PARKS
10.10.1 The uses within an industrial park may include:
a.
a workshop used by any of the following:
i
Carpenter
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ii Painter
iii Electrician
iv Plumber
v Gas Fitter
vi Tinsmith
vii Launderer
viii Upholsterer
b.
Light manufacturing, assembling and processing
c.
Machine shops
d.
Printing plants
e.
Repair and service shops
f.
Truck depots
g.
Warehouses and supply depots
h.
Commercial garages
i.
Service stations and gas bars
j.
Storage and/or sale of:
i
Automobiles
ii Fertilizer
iii Building supplies
iv Light trucks
v Bulk oil, fuel & propane
vi Lumber
vii Farm machinery
k.
Other uses which, in the opinion of the Development Authority, are similar in nature to the above-mentioned uses.
10.10.2 All developments within an industrial park shall be approved at the discretion of the Development Authority.
MANUFACTURED HOMES
10.11.1 Manufactured homes should have Canadian Standard Association Z240 Certification or an equivalent industry certification.
Those homes which do not have such certification may be allowed in those Districts where manufactured homes are a
discretionary or a permitted use, at the discretion of the Development Authority, who shall consider in their decision whether
and under what conditions the manufactured home which does not have Z240 certification can be made to comply with the
regulations under the Safety Codes Act.
10.11.2 All accessory structures, such as patios, porches, additions, and skirting, shall be:
a.
designed and erected as to harmonize with the manufactured homes,
b.
considered as part of the main building, and
c.
erected only after obtaining a Development Permit.
10.11.3 A manufactured home shall be skirted from the floor level to the ground level and should be connected to the ground with
screw pilings or some other permanent foundation..
10.11.4 No accessory building or use, other than parking spaces, shall be located within the front yard of a manufactured home.
MANUFACTURED HOME PARKS
10.12.1 Application Requirements
a.
All development permit applications for a manufactured home park must, in addition to the requirements of
subsections 3.4(1), (2), and (3) of this Bylaw, include a site plan showing the following:
i
location and dimensions of stalls,
ii internal roadway systems,
iii parking and storage areas,
iv recreation areas,
v the location of water supply and sewage disposal facilities, and garbage collection areas,
vi existing topography, vegetation, and watercourses,
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vii landscaped areas,
viii existing structures on the site,
ix common areas and facilities, such as garbage collection areas, and
x uses of land on surrounding properties.
b.
All development permit applications for manufactured home parks must also demonstrate that satisfactory sewage
disposal, water supply, and storm drainage facilities will be provided.
c.
To determine whether there is sufficient quantity and quality of water, applicants must:
i
conduct aquifer tests in accordance with Alberta Environmental Protection's guidelines, and
ii conduct a water analysis to determine levels of dissolved materials, suspended solids, and bacteriological
content
10.12.2 Each application for the establishment or expansion of manufactured home parks in rural areas shall be referred to
appropriate authorities to determine the required water supply, sewage disposal and storm drainage facilities. No
development permit shall be issued until necessary approvals to construct the proposed facilities have been issued.
10.12.3 All costs of developing and maintaining a manufactured home park shall be at the expense of the developer.
10.12.4
Minimum Parking Parcel Area
2.0 ha (5.0 acres)
10.12.5
Minimum Manufactured Home Stall Size
370.0 m2 (4,000 ft.2)
10.12.6
Minimum Area for Playgrounds and
Recreational Uses
5% of the gross parcel area
10.12.7
Maximum Density
20 stalls per gross developable ha (8.0 stalls per gross
developable acre.) of the area being developed at each stage of
the development.
10.12.8
Minimum Setback from All Stall Boundaries
3.0 m (10.0 ft.)
10.12.9
Minimum Yards
Front
7.5 m (25.0 ft.)
Rear
4.5 m (15.0 ft.)
Side
4.5 m (15.0 ft.)
Corner Parcels
4.5 m (15.0 ft.)
10.12.10
All roads shall be hard surfaced, gravelled or dust-controlled, well drained, and maintained to the satisfaction of the
Development Authority. Minimum right-of- way width within the manufactured home park shall be 9.0 m (30 ft.).
10.12.11
Parking and Storage
a.
A minimum of one (1) parking space shall be provided on each manufactured home stall.
b.
Visitors' parking spaces shall be provided at a ratio of a minimum of one.
c.
(1) space for every two (2) manufactured home stalls. These spaces shall be located at convenient locations
throughout the manufactured home park, and shall not be used for the storage of boats, trailers, etc.
d.
Adequate storage area shall be provided for the storage of recreational vehicles, boats, etc.
e.
Individual manufactured homeowners may construct storage sheds on their stalls for outdoor equipment, tools, etc.
10.12.12
Safe, convenient, all-season pedestrian access ways of at least 1.0 m (3.3 ft.) in width must be provided between homes,
on roadways, and to facilities.
10.12.13
The design of the manufactured home park shall be to the satisfaction of the Development Authority.
10.12.14
All municipal utilities shall be provided underground to stalls.
10.12.15
All areas not occupied by manufactured homes and their additions, internal roadways, sidewalks, driveways, buildings,
and any other developed facilities shall be fully landscaped to the satisfaction of the Development Authority. Screen
fences or walls shall be erected around laundry yards, refuse collection points and playgrounds where deemed necessary
by the Development Authority.
10.12.16
No part of a manufactured home park shall be used for non-residential purposes except such uses as are required for the
direct servicing and well-being of the park residents and for the management and maintenance of the park.
10.12.17
Each stall shall be clearly marked off by means of stakes, countersunk steel posts, fences, curbs, or hedges.
10.12.18
Street lighting should be to the same standard as that in a conventional residential neighbourhood.
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10.12.19
The manufactured home park operator must provide a central collection area for garbage within the park. Also, the
operator is responsible for regularly transferring the garbage from the park to a waste disposal site. The location of the
central collection area must be clearly indicated on the site plan.
10.12.20
Signs
a.
Only one (1) main free-standing identification sign of residential character and appearance shall be erected at the
entrance unless the Development Authority is of the opinion that a further and similar sign shall be allowed under
exceptional circumstances involving the layout, location, and size of the park in relation to the surrounding areas.
The sign or signs shall be of a size, type, and construction acceptable to the Development Authority.
b.
Directional signs within the park must be integrated in design and appearance, be kept in scale with the immediate
surroundings and constructed of durable material.
MINOR FARMING
10.13.1 The keeping of animal units (as defined in Section 2.2 - Definitions) within the Country Residential (CR) District) shall be as
follows:
COUNTRY RESIDENTIAL (CR) DISTRICT PARCEL SIZE
MAXIMUM NUMBER OF ANIMAL UNITS
Under 1.2 ha (3.0 acres)
0
1.2 ha (3.0 acres) to 2.39 ha (5.9 acres)
1
2.4 ha (6.0 acres) to 3.59 ha (8.9 acres)
2
3.6 ha (9.0 acres) and Over
3
10.13.2 Notwithstanding the above, a maximum of 10 laying hens are allowed on a parcel in the Country Residential (CR) District on
parcels under 1.2 ha (3.0 acres) in area.
10.13.3 Notwithstanding the above, the keeping of roosters shall not be allowed on parcels within the Country Residential (CR)
District.
MOTELS
10.14.1
Minimum Parcel Area per Rentable Unit
One Storey
140.0 m2 (1,507 ft.2)
Two Storey
140.0 m2 (1,507 ft.2)
10.14.2
Minimum Floor Area per Rentable Unit
All Types
26.0 m2 (280.0 ft.2)
10.14.3
Minimum Required Yards
Front
7.5 m (25.0 ft.)
Side
3.0 m (10.0 ft.)
Rear
3.0 m (10.0 ft.)
10.14.4
Minimum Required Parking Spaces
Per Rentable Unit
1
10.14.5
Space between Buildings
Except where connected by a continuous roof to form a shelter
for motor vehicles, not less than 3.6 m (12.0 ft.) shall be
provided between the rentable units and other building on the
parcel.
10.14.6
Entrances and Exits
Not more than two (2) motor vehicle accesses, each with a
minimum width of 7.5 m (25.0 ft.), shall be permitted; however,
if one (1) one motor vehicle access is provided, that access may
be not more than 12.5 m (40.0 ft.) in width.
10.14.7 The owner, tenant, operator, or person in charge of a motel shall:
a.
maintain the parcel and the buildings, structures, and improvements thereon in a clean, neat, tidy, and attractive
condition and free from rubbish and debris;
b.
maintain garbage facilities to the satisfaction of the Development Authority;
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c.
maintain an appropriate fence, where required by the Development Authority, not less than 0.75 m (2.5 ft.) in
height around the boundaries of the parcel; and
d.
shall landscape and keep the parcel landscaped to the satisfaction of the Development Authority.
NATURAL RESOURCE EXTRACTION AND PROCESSING
10.15.1 Unless except by provincial legislation, natural resource extraction and processing developments shall be required to enter
into a development agreement with the Municipal District.
RELOCATED OR MOVED IN BUILDINGS
10.16.1 No person shall:
a.
place on a parcel a building which has previously been erected or placed on a different parcel, unless the
Development Authority approves the placement; or
b.
alter the location on a parcel of a building which has already been constructed on that parcel unless the
Development Authority approves the alteration.
10.16.2 In addition to the requirements of Section 5.5, an applicant for a development permit to relocate a building may be required
to provide:
a.
colour photograph(s) of the building;
b.
a statement of the present location of the building;
c.
notification of the relocation route, date, and time that the relocation is to take place; and
d.
a complete site plan showing all buildings located or to be located on the lot.
10.16.3 In the case of a building to be relocated, it shall, in the opinion of the Development Authority, be compatible, with respect to
age and appearance, with the buildings in the receiving neighbourhood once all required renovations and improvements have
been completed.
10.16.4 An approval shall not be granted unless the Development Authority is satisfied that:
a.
the placement or location of the building would meet the requirements of this Bylaw; and
b.
the building and the parcel meet the requirements of this Bylaw and the Land Use District in which the building is
proposed to be located as well as all applicable building standards of the Alberta Government.
10.16.5 The Development Authority may, at their discretion, inspect the building or cause the building to be inspected by a person
they appoint, and shall determine the suitability of the building for the proposed use.
10.16.6 The Development Authority may, at their discretion, require that any modification, renovations, or improvements required to
the design, construction, sighting, finishing, or cladding of the relocated building shall comply with this Bylaw and the Alberta
Building Code and shall be listed as conditions of the Development Permit.
10.16.7 If the work required under 10.15.6 is to be done after the building is moved to the new site, the Development Authority may
require that a performance bond be posted, equal to the estimated cost of the necessary work as a condition of a
development permit approval. The bond shall be released when the work is satisfactorily completed to the satisfaction of the
Development Authority, but shall otherwise be forfeited.
10.16.8 Any renovations and any conditions imposed by the Development Authority to a relocated building shall be completed within
one (1) year of the issuance of the development permit. Non-compliance shall result in the forfeiture of the performance
bond.
SEA CANS
10.17.1 The placement of a sea can or shipping container shall not be allowed on a parcel within the Lakeside Residential District.
10.17.2 The placement of a maximum of one (1) sea can, not exceeding 12.2 m (40.0 ft.) in length, may be allowed on a parcel within
the Country Residential (CR) District, at the discretion of the Development Authority.
10.17.3 The placement of a maximum of one (1) sea can, not exceeding 6.1 m (20.0 ft.) in length, may be allowed on a parcel within
the Urban General (UG) District, at the discretion of the Development Authority.
10.17.4 In all other districts, excluding the Agricultural (A) District, sea cans or shipping containers shall not be placed on a parcel
without a development permit.
10.17.5 The placement of a sea can on a parcel must conform to the setback requirements for an accessory building in the applicable
district.
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10.17.6 The placement of a sea can on a lot in the Agricultural (A) District does not require a development permit, however, if sea
cans are stacked on any parcel, in any district they may require a building permit in accordance with the Alberta Building
Code.
SERVICE STATIONS AND GAS BARS
10.18.1 Service stations or gas bars shall be developed in such a manner that:
a.
no entrance or exit thereto for motor vehicles shall be located within 60.0 m (200 ft.) of an entrance to or exit from
a residential or institutional use;
b.
no part of any building or any pump or other accessory building, structure, or use shall be located within 6.0 m (20
ft.) of a side or rear line; and
c.
there shall be a front yard of not less than 12.0 m (40 ft.), provided, however, that gasoline pumps may be located
as little as 6.0 (20 ft.) from the front line.
10.18.2 The minimum parcel area for a service station or gas bar shall be 743.0 m2 (8,000 ft.2).
10.18.3 All parts of the site to which vehicles may have access shall be hard surfaced and drained to the satisfaction of the
Development Authority.
10.18.4 No activity may be carried on which constitutes a nuisance or annoyance to persons occupying land in the immediate vicinity
of the site, by reason of dust, noise, gases, odours, smoke, or vibration.
10.18.5 The site shall be maintained in a clean and tidy condition and free from all rubbish and debris.
SINGLE PARCEL COUNTRY RESIDENTIAL DEVELOPMENTS AND FARMSTEAD
PARCELS
10.19.1 Subdivision applications for the purpose of creating more than two (2) country residential use parcels per quarter section of
land shall not be considered until such time as the subject land has been reclassified to the Country Residential District of this
Bylaw.
10.19.2 Development for country residential purposes may be prohibited:
a.
on lands currently under agricultural production that are classified in farmland assessment as either arable or
improved pasture;
b.
on sites where adequate year-round access is not available by either a paved or a gravelled all-weather road in good
condition; and
c.
on sites where necessary services are not provided at the sole expense of the developer.
10.19.3 Notwithstanding the above-noted criteria, the Development Authority may approve a development permit application for
country residential use on existing registered parcels.
10.19.4 Country residential and farmstead parcels shall generally be from 0.8 ha (2 ac.) to 6.06 ha (15.0 ac.) in size. However, such
parcels may exceed the 6.06 ha (15.0 ac.) criterion where the applicant has demonstrated to the satisfaction of the
Subdivision Authority that the additional land is required to incorporate within their boundaries:
a.
those natural and man-made features that form part of the residence-related portion of a farm operation, such as
shelterbelts, small tree stands, gardens, small corrals, driveways, fences, buildings, structures, water supply and
sewage disposal facilities, and other features which are normally considered to be part of the farmstead. By
including those above-named features, or
b.
undeveloped, poor capability agricultural lands such as sloughs, bush and even low quality pasture associated with a
farmstead; or
c.
land which because of natural topography such as sloughs, ravines, or water bodies, would otherwise be cut off
from the remainder of the farm unit.
10.19.5 When new residences and farmsteads are established on an agricultural parcel, every effort shall be made to locate them in
areas of poorer quality farmland on the subject agricultural parcel.
WAINWRIGHT AIRPORT
10.20.1 An airport is located within NE 18-44-6-W4. Within that airport, the following special regulations apply to airport hangars,
which are buildings designed to be used exclusively for the storage of aircraft, the undertaking of minor repairs to the aircraft,
and accessory uses therefore.
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10.20.2 The airport hangars are not situated on separate parcels, as defined in this Bylaw, but on separately identified areas of land,
which like stalls in a manufactured home park, are rented to the occupiers. For the purpose of this Section and for simplicity,
these airport hangar areas of land shall be called "stalls".
10.20.3
Minimum Setbacks for Buildings within the
'Stalls' on the Airport Property
Front Yard
4.5 m (15.0 ft.)
Rear Yard
3.0 m (10.0 ft.)
Side Yard
3.0 m (10.0 ft.)
10.20.4 An application for a development at the airport shall include a letter from the Town of Wainwright indicating that the Town
has no objections to the proposed development.
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11.
LAND USE DISTRICTS
ESTABLISHMENT OF LAND USE DISTRICTS AND OVERLAYS
11.1.1 For this Bylaw, the Municipal District of Wainwright is divided into the following land use districts:
LAND USE DISTRICT NAME
SYMBOL
MAP COLOUR
AGRICULTURAL
A
URBAN GENERAL
UG
CONTROLLED URBAN DEVELOPMENT
CU
COUNTRY RESIDENTIAL
CR
LAKESIDE RESIDENTIAL
LR
RECREATIONAL
RC
INDUSTRIAL
M
CLEAR LAKE DIRECT CONTROL
DC
11.1.2 The Land Use District Map in this Land Use Bylaw divides the Municipal District of Wainwright into land use districts.
11.1.3 Regulations for lands in the vicinity of the Wainwright Airport shall be as set forth in the Wainwright Airport Vicinity Overlay.
These regulations shall apply in addition to any other regulations of this Bylaw to the areas identified as within the Wainwright
Airport Vicinity Overlay on the Land Use District Map.
BOUNDARIES
11.2.1 The boundaries of the Land Use District Map shall be interpreted as follows:
a.
Where a boundary is shown as following a highway, road, lane, or watercourse, it shall be deemed to follow the
centre line thereof.
b.
Where a boundary is shown as approximately following a parcel line, it shall be deemed to follow the parcel line.
c.
In circumstances not covered by 11.2.1.a or 11.2.1.b, the location of the boundary shall be determined:
i
by measurement of, and use of the scale shown on the Land Use District Map; and/or
ii the municipality's geographic information system mapping information.
11.2.2 Where the application of the rules outlined in Section 11.2.1 does not determine the exact location of the boundary of a land
use district, the Council either on its motion or upon written application being made to it by any person requesting the
determination of the exact location of the boundary shall fix the portion of the District boundary in doubt or dispute in a
manner consistent with the provisions of this Bylaw and the degree of detail as to measurements and directions as the
circumstances may require.
11.2.3 After the Council has fixed a District boundary pursuant to the provisions of Section 11.2.2, the portion of the boundary so
fixed shall not be thereafter altered except by an amendment of this Bylaw.
11.2.4 The Development Authority shall maintain a list of Council's decisions with respect to boundaries or portions thereof fixed by
Council.
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12.
AGRICULTURAL (A)
PURPOSE
12.1.1 To allow activities associated with primary production, and to preserve valuable agricultural land as much as possible for
future agricultural use. It is also intended that this District recognize the need to regulate development in the vicinity of
primary highways.
BOUNDARIES
12.2.1 This land use district comprises all the land in the Municipal District of Wainwright within the area so designated on the Land
Use District Map.
PERMITTED USES
12.3.1 Agriculture, extensive
12.3.2 Agriculture, small scale operation
12.3.3 Alternate Energy System, commercial
12.3.4 Dwelling, single detached
12.3.5 Dwelling, manufactured homes
12.3.6 Buildings and uses accessory to permitted uses
DISCRETIONARY USES
12.4.1 Abattoirs
12.4.2 Agri-tourism
12.4.3 Agriculture, intensive
12.4.4 Agriculture, value added
12.4.5 Airports and aerodromes
12.4.6 Alternate Energy System, individual
12.4.7 Apiaries
12.4.8 Bed and breakfast establishments
12.4.9 Cemeteries
12.4.10 Day homes
12.4.11 Family care facilities
12.4.12 General commercial uses
12.4.13 Greenhouse/lant nursery
12.4.14 Guest houses
12.4.15 Group care facilities
12.4.16 Highway commercial uses
12.4.17 Home occupations,
12.4.18 Institutional uses
12.4.19 Light industrial uses
12.4.20 Natural resource extraction and processing
12.4.21 Office use
12.4.22 Places of worship
12.4.23 Public or quasi-public buildings and uses
12.4.24 Public utilities
12.4.25 Recreational uses (includes drive-in theatres)
12.4.26 Rural commercial uses
12.4.27 Rural industrial uses
12.4.28 Security suite
12.4.29 Service station
12.4.30 Small animal breeding and boarding services
12.4.31 Vehicle and equipment repair shop, heavy
12.4.32 Vehicle and equipment repair shop, light
12.4.33 Veterinary clinics, small animal and large animal
12.4.34 Warehouse sales establishment
12.4.35 Workcamps
12.4.36 Wrecking and scrap metal yards
12.4.37 Other uses which, in the opinion of the Development
Authority, are similar to the above mentioned
permitted and discretionary uses
12.4.38 Buildings and uses accessory to discretionary uses
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REGULATIONS
12.5.1
Minimum Parcel Area
Extensive
Agriculture
One (1) quarter section or less as per one of the following:
a.
if a developed road would access both lots, an unsubdivided
quarter section may be split so that both parts are of equal area
or one part is no more than five percent (5%) larger than if an
equal split occurred;
b.
where a discretionary use is allowed,
c.
where the parcel is fragmented by a natural or physical barrier.
12.5.3
Country
Residential
Use
Normally, 0.8 ha (2.0 ac.) of developable area.
12.5.5
All other
uses
At the discretion of the Subdivision Authority.
12.5.8
Maximum Parcel Area
Country
Residential
Use
Normally 6.1 ha (15.0 ac.) with exceptions as provided for in Section 10.18
12.5.9
All other
uses
At the discretion of the Subdivision Authority.
12.5.10
Maximum Parcel
Density
Agricultural
Uses
2 parcels per quarter section.
12.5.11
Country
Residential
Use
2 parcels per quarter section.
12.5.12
All other
uses
At the discretion of the Subdivision Authority.
12.5.13
Minimum Yards
Front
40.0 m (131.2 ft) from the centre line of any adjoining road or highway.
12.5.14
Rear
7.5 m (25.0 ft.).
12.5.15
Side
Ten percent (10%) of the mean parcel width provided that no side yard
need exceed 6.0 m (20.0 ft.), except for a corner parcel where the side
yard requirement shall be at the discretion of the Development Authority.
12.5.16
Rural
Industrial
Uses
Notwithstanding the minimum front, rear and yard provisions above, the
required minimum front, rear and side yard setbacks for rural industries
shall be 40.0 m (131.2 ft).
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13.
URBAN GENERAL (UG)
PURPOSE
13.1.1 To allow a wide variety of urban-type uses within hamlets and localities in the Municipal District.
BOUNDARIES
13.2.1 This land use district comprises all the land in the Municipal District of Wainwright within the area so designated on the Land
Use District Map and includes the hamlets of Fabyan and Greenshields and the localities of Heath, Jarrow, and Ribstone.
PERMITTED USES
13.3.1 Dwellings, single detached
13.3.2 Buildings and uses accessory to permitted uses
DISCRETIONARY USES
13.4.1 Alcohol retail sales
13.4.2 Alternate Energy System, Individual
13.4.3 Bed and breakfast establishments
13.4.4 Cannabis retail sales
13.4.5 Cemeteries
13.4.6 Commercial, general
13.4.7 Day homes
13.4.8 Drive-in business
13.4.9 Dwellings, duplexes
13.4.10 Dwellings, manufactured homes
13.4.11 Family care facilities
13.4.12 Greenhouse/plant nursery
13.4.13 Group care facilities
13.4.14 Guest house
13.4.15 Highway commercial uses
13.4.16 Home occupations
13.4.17 Institutional uses
13.4.18 Light industrial uses
13.4.19 Manufactured home parks
13.4.20 Mixed-use development
13.4.21 Office Use
13.4.22 Places of worship
13.4.23 Private camp
13.4.24 Private club
13.4.25 Public park
13.4.26 Public or quasi-public buildings and uses
13.4.27 Public utilities
13.4.28 Recreational uses
13.4.29 Retail stores
13.4.30 Service station
13.4.31 Small animal breeding and boarding servicesVehicle
and equipment repair shop, light
13.4.32 Warehouse sales establishment
13.4.33 Other uses which, in the opinion of the Development
Authority, are similar to the above-mentioned
permitted and discretionary uses
13.4.34 Buildings and uses accessory to discretionary uses
REGULATIONS
13.5.1
Minimum Parcel
Dimensions
One Family
Dwellings
Service Level
Width
Area
Unserviced
30.0 m (99.0 ft.)
1,860 m2 (20,022 ft.2)
Water Only
30.0 m (99.0 ft.)
1,400 m2 (15,070 ft.2)
Sewage Only
30.0 m (99.0 ft.)
930.0 m2 (10,011 ft.2)
Both Services
15.0 m (50.0 ft.)
560.0 m2 (6,028 ft.2)
Unserviced
Commercial
Uses
1,860 m2 (20,022 ft.2)
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All Other
Uses
As required by the Development Authority.
13.5.4
Minimum Yards
Residential
Uses
Front
7.5 m (25.0 ft.)
Or as required by the Development Authority.
Rear
7.5 m (25 ft.)
Or as required by the Development Authority.
Side
10% of parcel width, but not less than 1.5 m (5.0 ft.) each,
or as required by the Development Authority, except that
for corner parcels, the minimum side yard on the side
adjacent to the road shall be 4.6 m (15 ft.) or as required
by the Development Authority.
Commercial
Uses
All Yards
Retail stores constructed adjacent to existing similar uses
may be built without front or side yards where there is lane
access. Where there is no lane access, one side yard of at
least 4.5 m (15.0 ft.) shall be provided.
All Other
Uses
All Yards
As required by the Development Authority.
13.5.5
Minimum Construction
Standards
All development must have sanitary sewage disposal facilities as required by Provincial
regulations.
13.5.6
Fencing
No barbwire or electrified fences shall be allowed in the Urban General (UG) District.
13.5.7
Ribstone
In Ribstone, no development on parcels south of the railroad track adjacent to the highway
will be permitted until such time that a re-subdivision occurs or until a service road is
dedicated.
13.5.8
Fabyan
In Fabyan, the area west of Day Street excluding Lots 1 to 11, Block 1; and Lots 1 to 5, Block
2, Plan 1556CL and Lots 1 to 3, Plan 832-2726 will be developed only for light industrial,
business, and commercial uses only.
13.5.9
General Commercial
Uses
Proposals for general commercial uses may be considered for lands within the Urban General
District if the proposed use requires connections to existing water and/or wastewater
services.
13.5.10
Obnoxious Uses
No discretionary use shall be allowed that is, or may, in the opinion of the Development
Authority, become obnoxious by way of noise, odour or fumes.
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14.
CONTROLLED URBAN DEVELOPMENT (CU)
PURPOSE
14.1.1 To manage development around Towns, Villages, and Hamlets.
BOUNDARIES
14.2.1 This land use district comprises all the land in the Municipal District of Wainwright within the area so designated on the Land
Use District Map.
PERMITTED USES
14.3.1 Agriculture, extensive
14.3.2 Agriculture, small scale operation
14.3.3 Agriculture, value added
14.3.4 Buildings and uses accessory to permitted uses
DISCRETIONARY USES
14.4.1 Agriculture, intensive
14.4.2 Alternate Energy System, individual
14.4.3 Bed and breakfast establishments
14.4.4 Cemeteries
14.4.5 Bulk fuel storage and sales
14.4.6 Day homes
14.4.7 Dwellings, single detached
14.4.8 Family care facilities
14.4.9 Group care facilities
14.4.10 Guest houses
14.4.11 Home occupations
14.4.12 Institutional uses
14.4.13 Places of worship
14.4.14 Public parks
14.4.15 Public or quasi-public buildings and uses
14.4.16 Public utilities
14.4.17 Recreational uses
14.4.18 Rural commercial uses
14.4.19 Rural industrial uses
14.4.20 Small animal breeding and boarding services
14.4.21 Other uses which, in the opinion of the Development
Authority, are similar to the above-mentioned
permitted and discretionary uses
14.4.22 Buildings and uses accessory to discretionary uses
REGULATIONS
14.5.1
Minimum Parcel Area
Permitted Uses
Extensive
Agriculture
One (1) quarter section or less as per one of the following:
d.
if a developed road would access both parcels, an unsubdivided
quarter section may be split so that both parts are of equal area or
one part is no more than five percent (5%) larger than if an equal
split occurred;
e.
where a discretionary use is allowed,
f.
where the parcel is fragmented by a natural or physical barrier.
14.5.3
Minimum Parcel Area
Discretionary Use
All
As required by the Development Authority.
14.5.5
Minimum Yards
Front
40.0 m (134.0 ft.) from the centre line of any adjoining road or highway.
Rear
7.5 m (25.0 ft.)
Side
Ten percent (10%) of the mean parcel width provided that no side yard need
exceed 6 m (20 ft.), except for a corner parcel where the side yard
requirement shall be at the discretion of the Development Authority.
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14.5.6 Minimum Yards
Rural Industries
All Yards
Notwithstanding the above, the minimum front, side and rear yards for
Rural industries shall be 40 m (132 ft.) from the property line.
14.5.7 Keeping or Livestock
No fur bearing animals, fowl, or livestock other than domestic pets shall be
permitted on parcels within the Urban General District less than 1.21 ha (3.0
ac.) in area.
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15.
COUNTRY RESIDENTIAL (CR)
PURPOSE
15.1.1 To regulate multi-lot country residential development in the Municipal District.
BOUNDARIES
15.2.1 This land use district comprises all the land in the Municipal District of Wainwright within the area so designated on the Land
Use District Map.
PERMITTED USES
15.3.1 Dwellings, single detached
15.3.2 Public Parks
15.3.3 Buildings and uses accessory to permitted uses
DISCRETIONARY USES
15.4.1 Alternate Energy System, Individual
15.4.2 Day homes
15.4.3 Dwellings, manufactured home
15.4.4 Family care facilities
15.4.5 Group care facilities
15.4.6 Guest house
15.4.7 Home occupations
15.4.8 Institutional uses
15.4.9 Minor farming
15.4.10 Public or quasi-public buildings and uses
15.4.11 Public utilities
15.4.12 Recreational uses
15.4.13 Solar Energy Conversion System, Individual
15.4.14 Other uses which, in the opinion of the Development
Authority, are similar to the above-mentioned
permitted and discretionary uses
15.4.15 Buildings and uses accessory to discretionary uses
REGULATIONS
15.5.1
Parcel Area
Single Detached Dwellings
Minimum
Maximum
0.8 ha (2.0 acres)
2.0 ha (5.0 acres)
Single Detached Dwellings
Where Minor Farming is Permitted
1.2 ha (3.0 acres)
4.0 ha (10.0 acres)
All Other Uses
As required by the Development
Authority.
15.5.7
Minimum Yards
Single Detached
Dwellings with access
via an internal
subdivision road
Front
7.5 m (25.0 ft.)
Rear
7.5 m (25.0 ft.)
Side
6.0 m (20.0 ft.)
15.5.8 Minimum Yards
Front
40.0 m (131.0 ft.)
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Single Detached
Dwellings with access
via other roads
Rear
As required by the Development Authority.
Side
As required by the Development Authority.
15.5.9 Minimum Yards
All Other Uses
All Yards
As required by the Development Authority.
15.5.10 Minimum Construction
Standards
All development must have sanitary sewage disposal facilities as required by Provincial
regulations.
15.5.11 Keeping of Livestock
No fur bearing animals, fowl, or livestock other than domestic pets shall be permitted on
parcels within the Country Residential District less than 1.21 ha (3.0 ac.) in area.
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16.
LAKESIDE RESIDENTIAL (LR)
PURPOSE
16.1.1 To regulate multi-lot country residential developments near Lakes.
BOUNDARIES
16.2.1 This land use district comprises all the land in the Municipal District of Wainwright within the area so designated on the Land
Use District Map.
PERMITTED USES
16.3.1
None
DISCRETIONARY USES
16.4.1 Bed and breakfast establishments
16.4.2 Day homes
16.4.3 Dwellings, single detached
16.4.4 Family care facilities
16.4.5 Group care facilities
16.4.6 Guest houses (excluding Clear Lake)
16.4.7 Home occupations
16.4.8 Institutional uses
16.4.9 Public or quasi-public buildings and uses
16.4.10 Public utilities
16.4.11 Recreational uses
16.4.12 Solar Energy Conversion System, Individual
16.4.13 Other uses which, in the opinion of the Development
Authority, are similar to the above-mentioned
permitted and discretionary uses
16.4.14 Buildings and uses accessory to discretionary uses
REGULATIONS
16.5.1
Parcel Area
Single Detached Dwellings
Minimum
Maximum
0.8 ha (2.0 acres)
2.0 ha (5.0 acres)
16.5.2
Single Detached Dwellings at Clear Lake
Notwithstanding 16.5.1, because of the
existing layout of cabins and dwellings
in the subject lands, there shall be no
minimum parcel size at Clear Lake.
16.5.3
All Other Uses
As required by the Development
Authority.
16.5.4
Minimum Yards Single
Detached Dwellings
Front
7.5 m (25.0 ft.)
Rear
7.5 m (25.0 ft.)
Side
1.5 m (5.0 ft.)
16.5.5
Clear Lake
Since much of the existing development at Clear Lake does not meet setback
yard requirements the Development Authority will use reasonable discretion
in allowing developments where the setbacks of the Bylaw cannot be met.
16.5.6 Minimum Yards
All Other Uses
All Yards
As required by the Development Authority.
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16.5.7
Minimum Construction
Standards
All development must have sanitary sewage disposal facilities as required by Provincial
regulations.
16.5.8
Keeping of Animals
The keeping of non-domestic animals shall be prohibited within this land use district.
16.5.9
Bed and Shore
The approval of any development that may affect the bed and shore of the lake shall be
subject to any necessary approvals from any Provincial or Federal agencies having
jurisdiction.
16.5.10
Use of Railway Ties
The use of railway ties shall not be permitted within 100.0 m (330.0 ft.) of the lake shore.
16.5.11
Clearing of Vegetation
The Municipal District of Wainwright shall encourage landowners to strictly limit the
clearing of vegetation, the construction of new driveways, and the alteration of slopes on
the lands.
16.5.12
Private Onsite Sewage
Disposal Systems
As a condition of subdivision or development permit approval existing sewage disposal
facilities located on the subject site shall be required to provided certification from an
accredited inspector that the system on the site is operational and compliant with the
current standards.
16.5.13
All sewage disposal facilities shall be required to conform to current standards. No new
septic fields, mounds, pit toilets or surface discharge systems shall be allowed. New
sewage disposal facilities must be enclosed holding tank systems.
16.5.14 Additional Information
Notwithstanding any other provision of this Bylaw to the contrary, in its sole discretion,
the Development Authority may require additional engineering information accompany an
application for any development, including a parking pad, a retaining wall, a dwelling, a
garage, or any other development in which there may be re-grading, extensive
landscaping, or modification of the existing topography or grades that, in the sole opinion
of the Development Authority, warrants additional review. This engineering information
may include plans and specifications prepared by a qualified professional engineer within
which the means of ensuring slope and soil stability and of mitigating any slope slumping,
erosion, or negative impact on the topography or on adjacent properties is indicated. In
these instances, the Development Authority may establish as a condition of approval that
the developer undertake the works recommended by the engineer and agree to do so
within a development agreement which shall be registered against the title of the subject
lands.
Provisions For Lots at Clear (Barnes) Lake
16.5.15 Construction of New
Dwellings
No new cabins will be permitted; however, redevelopment of existing cabins may be
allowed, at the discretion of the Development Authority if the development proponent
can demonstrate to the satisfaction of the Municipal District that the site is not susceptible
to flood risk or other geotechnical hazards. This may require to submission of a
geotechnical report an/or hydrogeological study with the application for redevelopment.
20 JUNE 2023 v. 3.0
Municipal District of Wainwright | Land Use Bylaw PAGE 81
16.5.16
Only one cabin or dwelling shall be allowed on each parcel of land or Bare Land
Condominium unit.
16.5.17
"Guest cabins or cottages" shall not be allowed.
16.5.18 Maximum Density
The maximum number of bareland condominium parcels allowed adjacent to Clear Lake
within this District shall be 137.
16.5.19
Road Maintenance
The municipality shall maintain the Circle Road, and the parcel owners shall be responsible
for the maintenance of all other access roads.
16.5.20
To limit the effect of cutting new driveways into the landscape, existing private driveways
providing access to the individual cabins around Clear Lake shall be incorporated into
access easements if the subdivision proceeds by "fee simple" or into common property if
the subdivision proceeds by Bare Land Condominium. These driveways shall not become
the responsibility of the Municipal District. The municipality shall not require any
alterations to these driveways, except where necessary where they access public
roadways, and shall encourage the owners of the land on which the driveways are located
to alter the driveways only minimally, to not deleteriously affect the sensitive landscape.
16.5.21
Some of the existing driveways traverse the Municipal Reserve parcels surrounding Clear
Lake. Where this occurs, to provide access, the Municipal District shall consider either
cancelling those narrow portions of the Reserve lands on which the driveways are located
and transferring the affecting lands to the affected landowners or the Condominium
corporations, or providing access easements across the Municipal Reserve lands, or some
other appropriate solution to provide adequate access.
16.5.22
Each parcel in a "fee simple" subdivision shall have direct access to a municipal roadway
right-of-way. Alternatively, each unit in a Bare Land Condominium shall have direct access
to common property, which itself shall have direct access to a municipal roadway right-of-
way. This is to ensure that each individual landowner can obtain access to their property
directly from a public roadway should the access easement arrangements noted above in
16.5.20 break down.
20 JUNE 2023 v. 3.0
Municipal District of Wainwright | Land Use Bylaw PAGE 82
17.
RECREATIONAL (RC)
PURPOSE
17.1.1 To provide a specific land use district for privately owned campgrounds and recreational vehicle parks, with associated uses,
within the Municipal District.
STATEMENT OF INTENT
17.2.1 As the demand for recreational land for both public and private use continues to increase, so does the need for planned
recreational uses based on the capabilities of an area to sustain intensive or extensive development.
BOUNDARIES
17.3.1 This land use district comprises all the land in the Municipal District of Wainwright within the area so designated on the Land
Use District Map.
PERMITTED USES
17.4.1 Agri-Tourism
17.4.2 Agriculture, Extensive
17.4.3 Campgrounds
17.4.4 Surveillance suites
17.4.5 Public parks
17.4.6 Recreational uses
17.4.7 Buildings and uses accessory to permitted uses
DISCRETIONARY USES
17.5.1 Alternate Energy System, Individual
17.5.2 General commercial uses related to the recreational
use
17.5.3 Dwellings, single detached
17.5.4 Guest houses
17.5.5 Institutional uses
17.5.6 Private Camps
17.5.7 Private Clubs
17.5.8 Public or quasi-public buildings and uses
17.5.9 Public utilities
17.5.10 Recreational vehicle storage facilities
17.5.11 Other uses which, in the opinion of the Development
Authority, are similar to the above mentioned
permitted and discretionary uses
17.5.12 Buildings and uses accessory to discretionary uses
REGULATIONS
17.6.1 Site Plan Requirement
for Campgrounds
1. A comprehensive site plan shall be provided to the satisfaction of the Development
Authority that shows the location, design standards and site requirements of any
common accessory uses and services, such as washrooms, laundromat, recreational
buildings, retail store, food concession, fire pits, fire wood storage, lighting, water
supply, wastewater disposal facilities and any other similar uses or services that may
be associated with or required within a campground. The following regulations be
applied in designing the campground site plan:
a.
a minimum site area of 0.40 ha (1 acre);
b.
a minimum of 10% of the total site shall be set aside in a location acceptable to
the Development Authority as a common open space recreation area;
c.
each stall shall be accessed by an internal road;
d.
The road system shall be properly signed for users and for emergency response
vehicles, and shall be sensitive to the topography and environmental
characteristics of the site;
20 JUNE 2023 v. 3.0
Municipal District of Wainwright | Land Use Bylaw PAGE 83
e.
Access to the satisfaction of the Development Authority shall be provided from
all stalls to all service buildings and facilities, refuse areas and recreation areas
f.
Roads shall be surfaced to the satisfaction of the Municipal District of
Wainwright No. 61 road standard;
g.
Fires will be permitted only in designated fire pits or other facilities as
approved;
h.
Potable water and wastewater disposal facilities are required to the satisfaction
of the Development Authority or Alberta Environment as the case may be
i.
Fences shall be allowed within the recreational vehicle park only if they are
erected and maintained by the park operator to a uniform standard throughout
the park;
j.
All stall boundaries shall be clearly defined on the ground by permanent flush
stakes or markers, with stall number or other identification system;
k.
Suitable ground cover and a flat area for each stall shall be provided;
l.
Minimum camping stall size shall be:
i
7.62 meters (25.0 ft) wide;
ii 18.29 meters (60.0 ft) in depth;
m. Minimum distance between stalls shall be 3.05 meters (10.0 ft.);
n.
Visitor parking shall be provided in a common area.
2. Campgrounds are considered temporary occupancies
3. One on-site security/operator suite may be permitted
20 JUNE 2023 v. 3.0
Municipal District of Wainwright | Land Use Bylaw PAGE 84
18.
INDUSTRIAL (M)
PURPOSE
18.1.1 To allow the development of industries that require large tracts of land and that may not be appropriate to develop within an
urban municipality.
BOUNDARIES
18.2.1 This land use district comprises all the land in the Municipal District of Wainwright within the area so designated on the Land
Use District Map.
PERMITTED USES
18.3.1 Alternate Energy System, Commercial
18.3.2 Alternate Energy System, Individual
18.3.3 Light industrial uses
18.3.4 Rural industrial uses
18.3.5 Outdoor storage
18.3.6 Small animal breeding and boarding services
18.3.7 Vehicle and equipment sales/rental establishment,
light
18.3.8 Warehouse sales establishment
18.3.9 Buildings and uses accessory to permitted uses
DISCRETIONARY USES
18.4.1 Bed and breakfast establishments (see Special
Provisions)
18.4.2 Commercial uses
18.4.3 Heavy industrial uses
18.4.4 Natural resource extraction and processing
18.4.5 Office Use
18.4.6 Public or quasi-public buildings and uses
18.4.7 Public utilities
18.4.8 Recreational uses
18.4.9 Service station
18.4.10 Vehicle and equipment sales/rental establishment,
heavy
18.4.11 Vehicle and equipment repair shop, Heavy
18.4.12 Vehicle and equipment repair shop, light
18.4.13 Veterinary clinics, small animal and large animal
18.4.14 Wrecking and scrap metal yard
18.4.15 Other uses which, in the opinion of the Development
Authority, are similar to the above-mentioned
permitted and discretionary uses
18.4.16 Buildings and uses accessory to discretionary uses
REGULATIONS
18.5.1 All Site Regulations
All site regulations and requirements shall be based upon the type of industrial
development proposed and shall be at the discretion of the Development Authority.
18.5.2 Offsite Impacts
Some developments may produce, directly or indirectly, noise, odour, fumes, dust, smoke
unsightly appearance, or other effects that may be detrimental to other land uses in or
outside this District. These uses may be restricted by the Development Authority to
particular areas of the Municipal District, or may be subject to special regulations or
conditions of approval.
20 JUNE 2023 v. 3.0
Municipal District of Wainwright | Land Use Bylaw PAGE 85
19.
CLEAR LAKE DIRECT CONTROL (CL-DC)
PURPOSE
19.1.1 To allow for the orderly development and redevelopment of recreational and residential uses near Clear Lake.
BOUNDARIES
19.2.1 This land use district comprises all the land in the Municipal District of Wainwright within the area so designated on the Land
Use District Map.
PERMITTED USES
19.3.1 None
DISCRETIONARY USES
19.4.1 Agriculture, extensive
19.4.2 Buildings and uses accessory to discretionary uses
19.4.3 Bed and breakfast establishments
19.4.4 Day homes
19.4.5 Dwellings, single detached
19.4.6 Family care facilities
19.4.7 Guest houses
19.4.8 Group care facilities
19.4.9 Home occupations, major
19.4.10 Institutional uses
19.4.11 Public parks
19.4.12 Public or quasi-public buildings and uses
19.4.13 Public utilities
19.4.14 Recreational uses
19.4.15 Solar Energy Conversion System, Individual
SUBDIVISION REGULATIONS
19.5.1 Subdivision regulations for this district shall be as established in the Residential Conservation Area in the Clear Lake Area
Structure Plan.
DEVELOPMENT REGULATIONS
19.6.1 Council has delegated the authority to issue Development Permit decisions within this district to the Municipal Planning
Commission.
19.6.2 The Municipal Planning Commission may grant relaxations to the specified regulations contained therein, the Land Use Bylaw
and the provisions of this District, if in its opinion such a variance would be in keeping with the District and would not
adversely affect the amenities, use, and enjoyment of neighbouring properties.
19.6.3 Setbacks for all developments shall be as determined by the Municipal Planning Commission who shall have regard for the
policies the Residential Conservation Area in the Clear Lake Area Structure Plan and the development regulations in the
Agriculture District.
19.6.4 Each parcel in a "fee simple" subdivision shall have direct access to a municipal roadway right-of-way. Alternatively, each unit
in a Bare Land Condominium shall have direct access to common property, which itself shall have direct access to a municipal
roadway right-of-way. This is to ensure that each individual landowner can obtain access to their property directly from a
public roadway should the access easement arrangements noted above break down.
19.6.5 The Municipal District of Wainwright shall encourage landowners to strictly limit the clearing of vegetation, the construction
of new driveways, and the alteration of slopes on the lands within this district on lots which are not utilized for extensive
agriculture.
20 JUNE 2023 v. 3.0
Municipal District of Wainwright | Land Use Bylaw PAGE 86
20. AIRPORT VICINITY PROTECTION OVERLAY
HEIGHT LIMITATIONS
20.1.1 Notwithstanding any other provision of this Bylaw to the contrary, the Development Authority may only issue a development
permit for a development if no point of the development will exceed the height of any of the following surfaces:
a.
the take-off/approach surfaces;
b.
the transitional surfaces.
20.1.2 For the purposes of this Section:
a.
if the proposed development is a railway, the highest point of the development shall be deemed to be 6.0 m (19.7
ft.) higher than the actual height of the rails; and
b.
if the development is a highway or road, the highest point of the development shall be deemed to be 4.5 m (14.76
ft.) higher than the actual height of the part of the highest part of the highway or road on which vehicles travel.
RUNWAY AND SURFACE DESIGN REQUIREMENTS
20.2.1 Basic Strip
a.
The basic strip is a rectangular area measured 60.0 metres out from each end of the runway, 30.0 metres on each
side of the centre line of the runway and with a total length of 1,034.4 metres.
20.2.2 Take-off/Approach Surfaces
a.
There are take-off/approach surfaces abutting and extending out from each end of the basic strip and in each case
the surface is an imaginary surface consisting of an inclined plane:
i
the commencement of which coincides with the end of the basic strip;
ii that rises at a slope ratio of 1:25 (4%) measured from the end of the basic strip;
iii that diverges outward on each side as it rises, at a rate of 10% measured from the respective projected sides of
the basic strip; and
iv that ends at its intersection with the outer surface.
20.2.3 Transitional Surfaces
a.
There is a transitional surface associated with each side of the basic strip, and in each case the transitional surface is
an imaginary surface consisting of an inclined plane that:
i
commences at and abuts the sides of the basic strip;
ii rises at a slope ratio of 1:5 (20%) from an elevation at the centre point of the runway opposite the proposed
development, and measured from the sides of the basic strip; and
iii ends at its intersection with the outer surface or take-off/approach surfaces.
AIRPORT ZONING REFERENCE POINT ELEVATION
20.3.1 The airport zoning reference point elevation is the elevation used to establish the height of the outer surface and for the
purpose of this Section is deemed to be 679.6 metres above sea level.
REFERRALS
20.4.1 All applications for subdivision and/or development will be referred to the local airport authority prior to the issuance of a
decision.
20 JUNE 2023 v. 3.0
Municipal District of Wainwright | Land Use Bylaw PAGE 87
21.
LAND USE BYLAW MAPS
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Digital Information: Geogratis,
Geodiscover, Altalis, AEP,
Municipal District of Wainwright
Projection: UTM NAD 83 12N
MAP 1.0
Land Use District Map
[
A - Agricultural
LR - Lakeside Residential District
CR - Country Residential
UG - Urban General
CU - Controlled Urban Development
M - Industrial
CL-DC - Clear Lake Direct Control District
MD of Wainwright
Airport Vicinity Protection Area
CFB Wainwright
Urban Municipality
Hamlet
Locality
o
Wainwright Airport
FLAGSTAFF
County
BEAVER
County
MD of
PROVOST
Town of
WAINWRIGHT
CFB
WAINWRIGHT
Village of
EDGERTON
Village of
CHAUVIN
County of
VERMILION RIVER
Hamlet of
RIBSTONE
FINAL
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JUNE 2023
MAP 1.1
MAP 1.2
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MAP 1.4
MAP 1.5
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MAP 1.7
MAP 1.8
AUBURNDALE
GILTEDGE
ROROS
KILLARNEY
LAKE
HEATH
PARK FARM
ROCKY FORD
SAVILLE FARM
BUSHY HEAD
CORNER
DENWOOD
JARROW
HOPE VALLEY
HAWKINS
ASCOT HEIGHTS
MAP 1.10
MAP 1.9
PROSPECT
VALLEY
Village of
IRMA
Hamlet of
FABYAN
Hamlet of
GREENSHIELDS
Land Use Bylaw PAGE 88
6-46-4-W4
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Digital Information: Geogratis,
Geodiscover, Altalis, AEP,
Municipal District of Wainwright
Projection: UTM NAD 83 12N
MAP 1.1
Land Use District Map
[
FINAL
0
1
2
KM
JUNE 2023
BAXTER LAKE
MD of Wainwright
A - Agricultural
Locality
GILTEDGE
HOPE VALLEY
AUBURNDALE
Land Use Bylaw PAGE 89
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Digital Information: Geogratis,
Geodiscover, Altalis, AEP,
Municipal District of Wainwright
Projection: UTM NAD 83 12N
MAP 1.2
Land Use District Map
[
MD of Wainwright
A - Agricultural
UG - Urban General
Locality
FINAL
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JARROW
VERNON LAKE
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Digital Information: Geogratis,
Geodiscover, Altalis, AEP,
Municipal District of Wainwright
Projection: UTM NAD 83 12N
MAP 1.3
Land Use District Map
[
MD of Wainwright
A - Agricultural
CU - Controlled Urban Development
Urban Municipality
FINAL
0
0.45
0.9
KM
JUNE 2023
VILLAGE OF
IRMA
Land Use Bylaw PAGE 91
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29-45-7-4
12-45-8-4
13-45-7-4
28-44-8-4
10-45-8-4
16-45-7-4
3-45-8-4
30-44-7-4
7-45-7-4
8-45-7-4
17-45-7-4
22-45-7-4
34-44-7-4
33-44-8-4
13-45-8-4
21-44-7-4
25-44-7-4
35-44-7-4
24-45-7-4
32-44-8-4
25-45-8-4
23-44-7-4
27-45-8-4
4-45-7-4
27-45-7-4
29-44-8-4
27-44-7-4
33-44-7-4
2-45-7-4
21-45-7-4
25-44-8-4
22-44-8-4
Digital Information: Geogratis,
Geodiscover, Altalis, AEP,
Municipal District of Wainwright
Projection: UTM NAD 83 12N
MAP 1.4
Land Use District Map
[
A - Agricultural
CR - Country Residential
UG - Urban General
CU - Controlled Urban Development
M - Industrial
MD of Wainwright
CFB Wainwright
Urban Municipality
Hamlet
Locality
FINAL
0
0.8
1.6
KM
JUNE 2023
HAMLET OF
FABYAN
TOWN OF
WAINWRIGHT
BUSHY
HEAD
LAKE
HAWKINS
DENWOOD
Land Use Bylaw PAGE 92
o
¬«
14
¬«
14
¬«
610
¬«
610
¬«
41
¬«
41
¬«
14
¬«
14
6-44-4-4
18-44-4-4
30-44-4-4
7-45-4-4
4-45-5-4
7-45-5-4
18-45-5-4
20-45-5-4
1-44-5-4
8-44-5-4
9-44-5-4
16-44-5-4
18-44-5-4
19-44-5-4
21-44-5-4
22-44-5-4
26-44-5-4
32-44-5-4
34-44-5-4
3-44-6-4
7-44-6-4
10-44-6-4
11-44-6-4
17-44-6-4
19-44-6-4
20-44-6-4
24-44-6-4
25-44-6-4
35-44-6-4
9-45-6-4
12-45-6-4
16-45-6-4
17-45-6-4
19-45-6-4
20-45-6-4
2-44-7-4
10-44-7-4
14-44-7-4
22-44-7-4
24-44-7-4
36-44-7-4
11-45-7-4
12-45-7-4
15-45-7-4
23-45-7-4
3-44-7-4
3-45-7-4
31-44-4-4
6-45-4-4
5-44-5-4
10-44-5-4
23-44-5-4
25-44-5-4
33-44-5-4
8-44-6-4
23-44-6-4
36-44-6-4
13-45-6-4
12-44-7-4
1-45-7-4
10-45-7-4
14-45-7-4
9-45-5-4
17-45-5-4
19-45-5-4
12-44-6-4
18-44-6-4
22-44-6-4
19-44-4-4
2-44-5-4
7-44-5-4
13-44-5-4
24-44-5-4
30-44-5-4
7-45-6-4
11-45-6-4
15-45-6-4
21-45-6-4
31-44-5-4
14-44-6-4
13-44-7-4
34-44-6-4
4-45-6-4
18-45-4-4
6-44-5-4
29-44-5-4
35-44-5-4
3-45-6-4
8-45-5-4
4-44-6-4
16-44-6-4
1-45-6-4
10-45-6-4
1-44-7-4
11-44-5-4
12-44-5-4
3-45-5-4
12-45-5-4
13-45-5-4
26-44-7-4
14-45-6-4
36-44-5-4
29-44-6-4
2-45-6-4
18-45-6-4
22-45-6-4
13-45-7-4
27-44-5-4
17-44-5-4
28-44-5-4
5-44-6-4
27-44-6-4
22-45-7-4
3-44-5-4
9-44-6-4
26-44-6-4
33-44-6-4
24-45-6-4
15-44-7-4
34-44-7-4
7-44-4-4
4-44-5-4
1-44-6-4
6-44-6-4
15-44-6-4
30-44-6-4
8-45-6-4
23-45-6-4
25-44-7-4
35-44-7-4
24-45-7-4
6-45-5-4
10-45-5-4
14-45-5-4
23-44-7-4
11-45-5-4
28-44-6-4
2-45-5-4
5-45-5-4
15-45-5-4
16-45-5-4
2-44-6-4
21-44-6-4
11-44-7-4
27-44-7-4
2-45-7-4
14-44-5-4
15-44-5-4
20-44-5-4
1-45-5-4
13-44-6-4
Digital Information: Geogratis,
Geodiscover, Altalis, AEP,
Municipal District of Wainwright
Projection: UTM NAD 83 12N
MAP 1.5
Land Use District Map
[
A - Agricultural
LR - Lakeside Residential
CR - Country Residential
UG - Urban General
CU - Controlled Urban Development
M - Industrial
CL-DC - Clear Lake Direct Control District
MD of Wainwright
Airport Vicinity Protection Area
CFB Wainwright
Hamlet
Locality
o
Wainwright Airport
FINAL
0
1
2
KM
JUNE 2023
HAMLET OF
GREENSHIELDS
TOWN OF
WAINWRIGHT
BUSHY
HEAD
LAKE
CLEAR
LAKE
RIBSTONE
LAKE
HEATH
DENWOOD
ASCOT HEIGHTS
Land Use Bylaw PAGE 93
28-43-4-W4
32-43-4-W4
6-44-4-W4
9-44-4-W4
18-44-4-W4
20-44-4-W4
29-43-5-W4
33-43-5-W4
34-43-5-W4
1-44-5-W4
8-44-5-W4
9-44-5-W4
16-44-5-W4
18-44-5-W4
19-44-5-W4
21-44-5-W4
22-44-5-W4
4-44-4-W4
8-44-4-W4
31-43-5-W4
36-43-5-W4
5-44-5-W4
10-44-5-W4
23-44-5-W4
16-44-4-W4
19-44-4-W4
25-43-5-W4
2-44-5-W4
7-44-5-W4
13-44-5-W4
24-44-5-W4
30-43-5-W4
31-43-4-W4
5-44-4-W4
28-43-5-W4
6-44-5-W4
30-43-4-W4
32-43-5-W4
33-43-4-W4
11-44-5-W4
12-44-5-W4
29-43-4-W4
17-44-4-W4
17-44-5-W4
3-44-5-W4
7-44-4-W4
4-44-5-W4
26-43-5-W4
27-43-5-W4
35-43-5-W4
21-44-4-W4
14-44-5-W4
15-44-5-W4
20-44-5-W4
¬«
610
Digital Information: Geogratis,
Geodiscover, Altalis, AEP,
Municipal District of Wainwright
Projection: UTM NAD 83 12N
MAP 1.6
Land Use District Map
[
A - Agricultural
CR - Country Residential
UG - Urban General
LR - Lakeside Residential
CL-DC - Clear Lake Direct Control District
MD of Wainwright
Urban Municipality
CFB Wainwright
Locality
FINAL
0
0.6
1.2
KM
JUNE 2023
CLEAR LAKE
TOWN OF
WAINWRIGHT
ARM
LAKE
RIBSTONE
LAKE
HEATH
Land Use Bylaw PAGE 94
¬«
894
¬«
610
¬«
610
¬«
894
¬«
610
6-44-2-W4
19-43-3-W4
26-43-3-W4
31-43-3-W4
35-43-3-W4
1-44-3-W4
7-44-3-W4
10-44-3-W4
11-44-3-W4
16-44-3-W4
22-43-4-W4
25-43-4-W4
26-43-4-W4
28-43-4-W4
1-44-4-W4
9-44-4-W4
23-43-4-W4
36-43-4-W4
4-44-4-W4
10-44-4-W4
15-44-4-W4
29-43-3-W4
4-44-3-W4
14-44-3-W4
27-43-4-W4
34-43-4-W4
2-44-4-W4
11-44-4-W4
16-44-4-W4
31-43-2-W4
23-43-3-W4
9-44-3-W4
12-44-3-W4
15-44-3-W4
18-44-3-W4
34-43-3-W4
30-43-3-W4
21-43-4-W4
7-44-2-W4
18-44-2-W4
22-43-3-W4
25-43-3-W4
3-44-4-W4
13-44-3-W4
13-44-4-W4
33-43-4-W4
19-43-2-W4
2-44-3-W4
3-44-3-W4
27-43-3-W4
32-43-3-W4
35-43-4-W4
21-43-3-W4
33-43-3-W4
24-43-4-W4
14-44-4-W4
24-43-3-W4
36-43-3-W4
5-44-3-W4
20-43-3-W4
17-44-3-W4
28-43-3-W4
30-43-2-W4
12-44-4-W4
6-44-3-W4
8-44-3-W4
Digital Information: Geogratis,
Geodiscover, Altalis, AEP,
Municipal District of Wainwright
Projection: UTM NAD 83 12N
MAP 1.7
Land Use District Map
[
A - Agricultural
CU - Controlled Urban Development
Urban Municipality
MD of Wainwright
Locality
FINAL
0
0.7
1.4
KM
JUNE 2023
VILLAGE OF
EDGERTON
DUNN
Land Use Bylaw PAGE 95
32-42-1-W4
34-42-1-W4
1-43-1-W4
3-43-1-W4
4-43-1-W4
8-43-1-W4
11-43-1-W4
13-43-1-W4
17-43-1-W4
23-43-1-W4
27-43-1-W4
31-43-1-W4
33-43-1-W4
32-42-2-W4
33-42-2-W4
2-43-2-W4
9-43-2-W4
10-43-2-W4
12-43-2-W4
16-43-2-W4
22-43-2-W4
24-43-2-W4
3-43-2-W4
21-43-2-W4
29-43-2-W4
36-43-2-W4
33-42-1-W4
7-43-1-W4
19-43-1-W4
31-42-2-W4
5-43-2-W4
7-43-2-W4
1-43-3-W4
11-43-2-W4
15-43-2-W4
17-43-2-W4
20-43-2-W4
25-43-2-W4
28-43-2-W4
31-43-2-W4
33-43-2-W4
31-42-1-W4
2-43-1-W4
12-43-1-W4
15-43-1-W4
20-43-1-W4
22-43-1-W4
28-43-1-W4
32-43-1-W4
35-43-1-W4
36-42-3-W4
36-42-2-W4
30-43-1-W4
8-43-2-W4
23-43-2-W4
34-43-2-W4
29-43-1-W4
35-43-2-W4
25-43-3-W4
18-43-2-W4
6-43-1-W4
18-43-1-W4
35-42-2-W4
14-43-1-W4
19-43-2-W4
26-43-2-W4
13-43-3-W4
16-43-1-W4
13-43-2-W4
10-43-1-W4
34-43-1-W4
12-43-3-W4
24-43-3-W4
36-43-3-W4
35-42-1-W4
5-43-1-W4
24-43-1-W4
4-43-2-W4
14-43-2-W4
26-43-1-W4
32-43-2-W4
21-43-1-W4
34-42-2-W4
25-43-1-W4
9-43-1-W4
36-43-1-W4
1-43-2-W4
27-43-2-W4
30-43-2-W4
6-43-2-W4
¬«
899
¬«
17
¬«
610
Digital Information: Geogratis,
Geodiscover, Altalis, AEP,
Municipal District of Wainwright
Projection: UTM NAD 83 12N
MAP 1.8
Land Use District Map
[
A - Agricultural
UG - Urban General
CU - Controlled Urban Development
Urban Municipality
MD of Wainwright
Hamlet
Locality
FINAL
0
0.85
1.7
KM
JUNE 2023
HAMLET OF
RIBSTONE
VILLAGE OF
CHAUVIN
Land Use Bylaw PAGE 96
29-44-1-W4
30-44-1-W4
6-45-1-W4
26-44-2-W4
27-44-2-W4
29-44-2-W4
32-44-2-W4
34-44-2-W4
3-45-2-W4
6-45-2-W4
8-45-2-W4
11-45-2-W4
12-45-2-W4
14-45-2-W4
16-45-2-W4
18-45-2-W4
32-44-1-W4
25-44-2-W4
28-44-2-W4
33-44-2-W4
35-44-2-W4
2-45-2-W4
9-45-2-W4
13-45-2-W4
31-44-1-W4
5-45-1-W4
8-45-1-W4
30-44-2-W4
4-45-2-W4
15-45-2-W4
31-44-2-W4
17-45-2-W4
10-45-2-W4
5-45-2-W4
1-45-2-W4
7-45-1-W4
36-44-2-W4
7-45-2-W4
¬«
14
Digital Information: Geogratis,
Geodiscover, Altalis, AEP,
Municipal District of Wainwright
Projection: UTM NAD 83 12N
MAP 1.9
Land Use District Map
[
A - Agricultural
MD of Wainwright
Locality
FINAL
0
0.55
1.1
KM
JUNE 2023
PROSPECT
VALLEY
ROROS
Land Use Bylaw PAGE 97
23-41-1-W4
27-41-1-W4
36-41-1-W4
2-42-1-W4
7-42-1-W4
11-42-1-W4
12-42-1-W4
17-42-1-W4
24-41-2-W4
26-41-2-W4
12-42-2-W4
11-42-2-W4
29-41-1-W4
14-42-1-W4
36-41-2-W4
14-42-2-W4
21-41-1-W4
31-41-1-W4
1-42-1-W4
9-42-1-W4
18-42-1-W4
8-42-1-W4
15-42-1-W4
6-42-1-W4
13-42-2-W4
33-41-1-W4
1-42-2-W4
35-41-1-W4
3-42-1-W4
4-42-1-W4
23-41-2-W4
25-41-2-W4
22-41-1-W4
24-41-1-W4
26-41-1-W4
32-41-1-W4
34-41-1-W4
16-42-1-W4
5-42-1-W4
13-42-1-W4
2-42-2-W4
19-41-1-W4
28-41-1-W4
25-41-1-W4
35-41-2-W4
10-42-1-W4
20-41-1-W4
30-41-1-W4
¬«
17
Digital Information: Geogratis,
Geodiscover, Altalis, AEP,
Municipal District of Wainwright
Projection: UTM NAD 83 12N
MAP 1.10
Land Use District Map
[
A - Agricultural
MD of Wainwright
Locality
FINAL
0
0.7
1.4
KM
JUNE 2023
KILLARNEY
LAKE
KILLARNEY LAKE
LEANNE
LAKE
Land Use Bylaw PAGE 98