This is the exact embedded text of the captured official document.
Snapshot 3fb43a4d1b38 · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Land Use Bylaw
Village of Myrnam
Adopted Month, Day, Year
2018-08
July 19th, 2018
Village of Myrnam
Land Use Bylaw
2018-08
A BYLAW OF THE VILLAGE OF MYRNAM IN THE PROVINCE OF ALBERTA, TO ADOPT A LAND USE BYLAW.
WHERE AS the Municipal Government Act, Revised Statutes of Alberta 2000 - Chapter M-26, current as of
April 1st 2018 and Amendments thereto, authorize Council of a Municipality to enact a Land Use Bylaw to
guide future development within the Village of Myrnam.
NOW THEREFORE the Village of Myrnam Land Use Bylaw No. 349 and amendments thereto, except for those
Direct Control Bylaws listed as continued in the bylaw, are hereby repealed.
NOW THEREFORE Council of the Village of Myrnam in the Province of Alberta does hereby adopt the Village
of Myrnam Land Use Bylaw 2018-08 this 19th day of July, 2018.
Read a first time this 22nd day of March, 2018.
Read a second time this 19th day of July, 2018.
Read a third and final time this 19th day of July 2018.
Mayor Edward Sosnowski
Chief Administrative Officer Gary Dupuis
Date
This Land Use Bylaw was prepared for the Village of Myrnam by Green Space Alliance Inc.
July 19th 2018
Table of Contents
Land Use Bylaw
i
TABLE OF CONTENTS
1
Enactment ............................................................................................. 1
1.1
Title ........................................................................................................................................ 1
1.2
Purpose ................................................................................................................................. 1
1.3
Effective Date ........................................................................................................................ 1
1.4
Application ............................................................................................................................. 2
1.5
Previous Bylaws .................................................................................................................... 2
1.6
Application in Progress ......................................................................................................... 2
1.7
Non-Conformity ..................................................................................................................... 2
1.8
Severability ............................................................................................................................ 3
1.9
Compliance with Other Legislation ...................................................................................... 3
1.10 Interpretation ........................................................................................................................ 3
2
Approval and Appeal Authorities ......................................................... 5
2.1
Development Authority ......................................................................................................... 5
2.2
Development Officer ............................................................................................................. 5
2.3
Subdivision Authority ............................................................................................................ 6
2.4
Subdivision and Development Appeal Board ..................................................................... 6
2.5
Decision-Making Structure ................................................................................................... 6
3
Development Permit Process ............................................................... 7
3.1
Control of Development ....................................................................................................... 7
3.2
Development Not Requiring a Development Permit .......................................................... 7
3.3
Development Permit and Agreement Fees ......................................................................... 8
3.4
Requirements for Development Permit Applications ......................................................... 8
3.5
Notice of Proposed Development ...................................................................................... 10
3.6
Referrals for Development Applications ........................................................................... 11
3.7
Decision on Development Permit Applications ................................................................. 12
3.8
Variance Provisions ............................................................................................................ 12
3.9
Deemed Refusal ................................................................................................................. 12
3.10 Notice of Decision ............................................................................................................... 13
Table of Contents
ii
Village of Myrnam
3.11 Development Permit Conditions ........................................................................................ 13
3.12 Validity of Development Permits ........................................................................................ 15
3.13 Extension of Development Permits ................................................................................... 15
3.14 Resubmission Interval ........................................................................................................ 15
3.15 Suspension or Cancellation Permits ................................................................................. 15
4
Subdivision Process ............................................................................ 17
4.1
Requirements for Subdivision Applications ...................................................................... 17
4.2
Decision on Subdivision Applications ................................................................................ 17
4.3
Subdivision Approval Conditions ....................................................................................... 18
4.4
Validity of Subdivision Approval ......................................................................................... 19
4.5
Enforcement of Subdivision ............................................................................................... 20
5
Subdivision and Development Appeals Process ............................... 21
5.1
Grounds for Appeals ........................................................................................................... 21
5.2
Procedure for Appeals ........................................................................................................ 21
5.3
Hearing and Decision ......................................................................................................... 22
5.4
Court of Appeal ................................................................................................................... 22
6
Enforcement ........................................................................................ 25
6.1
Contravention ...................................................................................................................... 25
6.2
Prohibitions ......................................................................................................................... 26
6.3
Non Compliance .................................................................................................................. 26
6.4
Warning Notice .................................................................................................................... 26
6.5
Violation Tickets .................................................................................................................. 26
6.6
Right of Entry ....................................................................................................................... 28
6.7
Stop Orders ......................................................................................................................... 28
6.8
Appeal to Stop Orders ........................................................................................................ 28
6.9
Enforcement of Stop Orders .............................................................................................. 28
6.10 Offenses and Penalties ...................................................................................................... 28
7
Land Use Bylaw Amendment Process ............................................... 31
7.1
Procedure for Amendments ............................................................................................... 31
7.2
Amendment Review Process ............................................................................................. 32
Table of Contents
Land Use Bylaw
iii
7.3
Advertising Requirements .................................................................................................. 33
7.4
Notification Hearing / Public Hearing ................................................................................ 33
7.5
Decision by Council ............................................................................................................. 33
7.6
Resubmission Interval ........................................................................................................ 34
8
General Development Regulations .................................................... 35
8.1
Accessory Buildings and Structures .................................................................................. 35
8.2
Building Design, Character, and Appearance ................................................................... 36
8.3
Double Fronting Lots .......................................................................................................... 36
8.4
Dwellings on a Parcel ......................................................................................................... 36
8.5
Landscaping ........................................................................................................................ 36
8.6
Moved In Buildings ............................................................................................................. 37
8.7
Objects Prohibited or Restricted in Yards ......................................................................... 37
8.8
Parking ................................................................................................................................. 38
8.9
Projections into Yards ......................................................................................................... 41
8.10 Substandard Lots ............................................................................................................... 42
9
Specific Development Regulations ................................................... 43
9.1
Campgrounds ...................................................................................................................... 43
9.2
Drive-through Business ...................................................................................................... 44
9.3
Garden Suite ....................................................................................................................... 45
9.4
Home Based Business ....................................................................................................... 45
9.5
Hotels / Motels ................................................................................................................... 47
9.6
Keeping of Animals ............................................................................................................. 47
9.7
Kennel ................................................................................................................................. 48
9.8
Manufactured Homes ......................................................................................................... 48
9.9
Medical Marijuana Facility ................................................................................................. 49
9.10 Natural Resource Extraction and Processing ................................................................... 49
9.11 Private Swimming Pools and Hot Tubs .............................................................................. 51
9.12 Propane Tank Storage ........................................................................................................ 51
9.13 Public Park .......................................................................................................................... 51
9.14 Secondary Suite .................................................................................................................. 51
Table of Contents
iv
Village of Myrnam
9.15 Service Stations and Bulk Fuel Station ............................................................................. 51
9.16 Shipping Containers - Residential Use ............................................................................. 52
9.17 Shipping Containers - Storage Use ................................................................................... 53
9.18 Signs .................................................................................................................................... 53
9.19 Solar Energy Collector System ........................................................................................... 54
9.20 Wind Energy Conversion System Micro ............................................................................. 55
9.21 Wireless Communications Facility ..................................................................................... 55
10 Land Use Districts ............................................................................... 57
10.1 Residential (R) District ........................................................................................................ 60
10.2 Manufactured Home Subdivision (MHS) District .............................................................. 62
10.3 Manufactured Home Park (MHP) District ......................................................................... 65
10.4 Commercial (C) District ....................................................................................................... 70
10.5 Highway Commercial (HC) District ..................................................................................... 72
10.6 Industrial (M) District .......................................................................................................... 74
10.7 Institutional (I) District ........................................................................................................ 76
10.8 Parks (P) District ................................................................................................................. 77
10.9 Urban Reserve (UR) District ............................................................................................... 78
11 Definitions ........................................................................................... 79
LIST OF FIGURES
Figure 1. Subdivision Process ................................................................................................................................ 18
APPENDICES
Appendix A
Map 1| Land Use Districts
Section 1 | Enactment
Land Use Bylaw
1
1 Enactment
1.1
Title
1.1.1
This Bylaw shall be known as and referred to as the "Village of Myrnam Land Use Bylaw".
1.2
Purpose
1.2.1
The purpose of this Bylaw is to prohibit or regulate and control the use and development of land and
buildings within the municipality to achieve the orderly and economic development of land, and to:
a. Divide the municipality into districts;
b. Prescribe and regulate for each district the purposes for which land and buildings may be used;
c. Establish the office of the development officer;
d. Establish a method of making decisions on applications for development permits including the issuing of
development permits; and
e. Provide the manner in which notice of the issuance of a development permit is to be given.
1.3
Effective Date
1.3.1
This Land Use Bylaw comes into effect on the date of its third reading. At that time, the former Bylaw No.
349, and its amendments, shall cease to apply to new subdivision and development in the Village of Myrnam.
1 Enactment
Section 1 | Enactment
2
Village of Myrnam
1.4
Application
1.4.1
This Land Use Bylaw shall serve as a tool to implement policies established in the Municipal Development
Plan (MDP), other statutory plans, and the Municipal Government Act (Act), as amended from time to time.
1.4.2
All development hereafter in the Village of Myrnam shall conform to the provisions of this Bylaw.
1.5
Previous Bylaws
1.5.1
The Village of Myrnam Land Use Bylaw No. 349 is hereby repealed and this Bylaw shall apply to all lands
within the Village of Myrnam.
1.6
Application in Progress
1.6.1
A completed application for a development permit or subdivision, which is received before adoption of this
Bylaw shall be processed in accordance with the Village of Myrnam Land Use Bylaw No. 349 as amended.
1.7
Non-Conformity
1.7.1
In accordance with Section 643 of the Act, if a development permit has been issued on or before the day on
which a Land Use Bylaw or a land Use Amendment Bylaw comes into force in a municipality and the Bylaw
would make the development for which the permit was issued a non-conforming use or non-conforming
building, the development permit continues to be in effect in spite of the coming into force of the Bylaw.
1.7.2
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 with the Land Use Bylaw
then in effect.
1.7.3
A non-conforming use of part of a building may be extended throughout the building but the building, whether
or not it is a non-conforming building, may not be enlarged or added to and no structural alterations may be
made to it or in it.
1.7.4
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 on the parcel while the non-conforming use
continues.
1.7.5
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 routine maintenance of the building, if the Development Authority considers it necessary; or
c. In accordance with a Land Use Bylaw that provides minor variance powers to the Development Authority
for the purposes of this Section.
1.7.6
If a non-conforming building is damaged or destroyed to the extent of more than seventy-five percent (75%) of
the value of the building above its foundation, the building may not be repaired or rebuilt except in
accordance with the Land Use Bylaw.
1.7.7
The land use or the use of a building is not affected by a change of ownership or tenancy of the land or
building.
Section 1 | Enactment
Land Use Bylaw
3
1.8
Severability
1.8.1
If any Section, clause, or provision of this Bylaw, including anything shown on Map 1, is for any reason
declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the
remainder of this Bylaw in whole or in part, other than the Section, clause or provision, including anything
shown on the Land Use District (Appendix A), so declared to be invalid.
1.9
Compliance with Other Legislation
1.9.1
Notwithstanding that a development permit may not be required in certain instances under this Bylaw, in no
case does this exempt the applicant from complying with:
a. Other requirements for approval by municipal Bylaw, the Act, conditions, any other instrument affecting
building or land, or other applicable regulation;
b. Any easement, covenant, agreement, or contract effecting the development;
c. Requirements of Alberta building Code; and
d. Alberta Safety Codes Act, R.S.A. 2000, Chapter S-1.
1.9.2
The provisions and regulations of this Bylaw do not exempt any person or corporation from complying with the
provisions or regulation of any other municipal, provincial, or federal statute.
1.10
Interpretation
Bylaw Text
1.10.1
Words used in the present tense include the other tenses and derivative forms; words used in the singular
include the plural and vice versa; and the word "person" includes a corporation, firm, partnerships, trusts,
and other similar entities as well as an individual. Words have the same meaning whether they are
capitalized or not.
1.10.2
The words "shall", "must", and "is" require mandatory compliance except where a variance has been granted
pursuant to the Act.
1.10.3
Words, phrases, and terms not defined in this Section may be given their definition in the Municipal
Government Act or the Alberta Building Code. Other words shall be given their usual and customary meaning.
1.10.4
Where a regulation involves two (2) or more conditions, provisions, or events connected by the conjunction
"and", this means all the connected items shall apply in combination; "or" indicates that the connected items
may apply singly or in combination; and "either-or" indicates the items shall apply singly but not in
combination.
1.10.5
Where reference is made to other legislation or documents, this refers to the legislation and documents as
may be amended from time to time.
Measurements
1.10.6
Within this Bylaw, both Imperial and Metric measures are normally provided, the Metric measures within
brackets. However, the Metric measures are approximate, and are provided only for information, and in order
to provide some comparison for persons who are unfamiliar with Metric measures.
Section 1 | Enactment
4
Village of Myrnam
Land Use District Map
1.10.7
The land use district boundaries shown on Map 1 shall be interpreted as follows:
a. Where a boundary follows a public roadway, land, railway, pipeline, power line, or utility right-of-way or
easement, it follows the centre line, unless otherwise clearly indicated;
b. Where a boundary is shown as approximately following the Village boundary, it follows the Village
boundary;
c. Where a boundary is shown as approximately following the edge or shorelines of any river, lake, creek, or
other water body, it follows such lines;
d. Where a boundary is shown as approximately following a lot or parcel line, it follows the lot or parcel line;
and
e. In circumstances not covered above, the location of the boundary shall be determined by any dimensions
set out in this Bylaw.
1.10.8
Where a district boundary is shown as being generally parallel to, or as an extension of, any of the features
listed above, it shall be so.
1.10.9
In circumstances not covered within Subsection 1.10.7, the district boundary shall be determined by a
Development Officer measuring the property line from some known location on Map 1.
1.10.10 Where the application of interpretations within Subsection1.10.7 does not determine the exact location of a
district boundary, a Development Officer shall fix the property line in doubt or dispute in a manner consistent
with the provisions of this Bylaw and with the degree of detail as to measurements and directions as
circumstances require. This decision may be appealed to the Subdivision and Development Appeal Board
(SDAB).
1.10.11 After the Development Officer has fixed a district boundary pursuant to the provisions of Subsection 1.10.10,
the portion of the boundary so fixed shall not be thereafter altered except by an amendment of this Bylaw.
1.10.12 When any road or lane is closed, it has the same districting as the abutting land. When different districts
govern abutting lands, the centre of the road or lane is the district boundary, unless the district boundary is
shown clearly following the edge of the road or lane. If the road or lane is consolidated with an adjoining
parcel, that parcel's district designation applies to affected portions of the closed road or lane.
1.10.13 The Development Permit Process and its relation to other sections of the Land Use Bylaw can be found in
Section 3.
1.10.14 The uses that are listed in the permitted and discretionary use columns under the land use districts are not
intended to be exclusive or restrictive. Where a specific use does not conform to the wording of any definition,
the Development Authority may, at their discretion, determine that the use conforms to the spirit and intent of
the purpose of the land use district and is determined similar to other uses allowed in that land use district.
Notwithstanding the above, all uses defined as "same or similar uses" shall be considered discretionary.
Section 2 | Approval and Appeal Authorities
Land Use Bylaw
5
2 Approval and Appeal Authorities
2.1
Development Authority
2.1.1
The Development Authority, as established pursuant to Section 624 of the Act and through the Development
Authority Bylaw, for the Village of Myrnam is the:
a. Council of the Village of Myrnam; and
b. Development Officer.
2.2
Development Officer
2.2.1
The office of the Development Officer is hereby established and such office shall be filled by a person or
persons to be appointed by resolution of Council.
2.2.2
The Development Officer shall perform such duties that are specified in Section 3 of this Bylaw.
2.2.3
The Development Officer shall keep and maintain for the inspection of the public during all reasonable hours,
a copy of this Bylaw and all amendments thereto; keep a register of all applications for development,
including the decisions thereon and the reasons therefore.
2.2.4
For the purposes of right of entry, the Development Officer is hereby declared to be an authorized person of
the Council.
2 Approval and Appeal Authorities
Section 2| Approval and Appeal Authorities
6
Village of Myrnam
2.3
Subdivision Authority
2.3.1
In accordance with Section 623(1) of the Act, the Subdivision Authority for the Village of Myrnam shall be
established through a Subdivision Authority Bylaw.
2.4
Subdivision and Development Appeal Board
2.4.1
The Subdivision and Development Appeal Board (SDAB) for the Village of Myrnam shall be established by a
separate Bylaw.
2.4.2
The SDBA shall carry out the duties and responsibilities pursuant to Section 628 of the Act, and in
accordance with the Bylaw that creates it.
2.4.3
The SDAB shall review all appeal applications within its jurisdiction for development permit appeal, stop order
appeal, and subdivision application appeal.
2.4.4
The Subdivision and Development Appeal Board shall perform such duties as are specified in Section 5 of
this Bylaw.
2.5
Decision-Making Structure
2.5.1
The Development Authority shall be responsible for making decisions on all development permit application.
Section 3 | Development Permit Process
Land Use Bylaw
7
3 Development Permit Process
3.1
Control of Development
3.1.1
No development other than that designated in Subsection 3.2 shall be undertaken within the municipality
unless an application for it has been approved and a development permit has been issued.
3.2
Development Not Requiring a Development Permit
3.2.1
The following development shall not require a development permit:
a. The carrying out of works of maintenance or repair to any building, provided that such works do not
include structural alterations or major works of renovation;
b. The erection or construction of gates, fences, walls or other means of enclosure (other than on corner lots
or where abutting on a road used by vehicular traffic) less than 1.0m (3.3ft) in height in front yards and
less than 1.8m (6.0ft) in side and rear yards, and the maintenance, improvement and other alterations of
any gates, fences, or walls or other means of enclosure;
c. 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;
d. The maintenance and repair of public works, services and utilities carried out by or on behalf of federal,
provincial and municipal public authorities on land which is publicly owned or controlled;
e. The erection of any building ancillary to a farming operation in the Urban Reserve district, providing such
building is located greater than 15.2m (50.0ft) from a public road;
f.
Accessory buildings or structures with a GFA under 11.15m2 (120.0ft2); and
g. Sheds that are placed on skids.
3 Development Permit Process
Section 3 | Development Permit Process
8
Village of Myrnam
3.3
Development Permit and Agreement Fees
3.3.1
All fees and charges under and pursuant to development permit and subdivision applications, appeals,
statutory plans, Bylaws, and this Bylaw, and any amendments to them shall be as established by Bylaw of
Council.
3.4
Requirements for Development Permit Applications
General Requirements
3.4.1
An application for a development permit shall be made to the Development Officer in writing on the
application form provided by the Village of Myrnam and shall:
a. Be accompanied by a fee as established by Council from time to time within the Village's Fees and
Charges Bylaw.
b. Be signed by the registered owner or his or her agent where a person other than the owner is authorized
by the owner to make the application. The correctness of the information supplied shall, when required by
the Development Authority, be verified by a statutory declaration;
c. State the proposed use or occupancy of all parts of the land and buildings and provide any other
information as may be required by the Development Authority;
d. Include parcel plans in duplicate at a scale satisfactory to the Development Authority, showing the
following:
i.
North point;
ii.
Legal description of the parcel;
iii.
Location of 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;
iv.
Outlines of the roof overhangs on all buildings;
v.
Front, rear, and side yard setbacks;
vi.
Access and egress points to and from the parcel;
vii.
On a vacant parcel in a residential land use district, the suggested location for a future driveway and
garage or carport, if the application itself does not include such buildings as part of the proposal; and
viii. Estimated cost of the project, excluding land prices.
e. Be accompanied by an electronic copy (by way of USB key or CD) of all plans and drawings;
f.
Include certificate of title from the land Titles Office;
g. Indicate authorization by all registered owners where there is more than one registered owner;
h. Be signed with the corporate seal or include verification of corporate signing authority, where the
registered owner is a corporation; and
i.
Provide any other pertinent information or tests required by the Development Officer respecting the parcel
or adjacent lands.
j.
At the discretion of the Development Authority, parcel plans may also be required to show any or all of the
following:
i.
The provision of off-street loading and vehicle parking;
ii.
The exterior elevations of all buildings showing height, horizontal dimensions and finishing materials
of all buildings, existing and proposed;
Section 3 | Development Permit Process
Land Use Bylaw
9
iii.
A parcel grading plan indicating, but not limited to the elevation of the parcel at all corners and the
grade at all corners of the proposed development as well as the grades of the adjacent streets, lanes
and sewers servicing the parcel;
iv.
Storm drainage plan;
v.
The location of existing and proposed municipal and private local improvements as well as a cost
and time estimation of the installation of these improvements;
vi.
The lowest finished floor elevation in either the basement or main floor in the principal and Accessory
Buildings where applicable; and
vii.
Provide a real property report to be submitted by the applicant to verify compliance of all existing and
proposed buildings with this Bylaw.
3.4.2
As part of the development permit application, the Development Authority may require the applicant to
provide written consent to enter upon the subject property to verify compliance of all existing and proposed
development(s) with this Bylaw.
3.4.3
The Development Authority may require a complete Hydrological Ground Water Impact Report for any
commercial, industrial, or multi-parcel development.
Direct Control District Development Permit Application Requirements
3.4.4
In the case of a development permit application made pursuant to a Direct Control district, all requirements
and procedures pertaining to the development permit application will be at the direction and to the
satisfaction of Council.
3.4.5
In determining the development permit application requirements and procedures pursuant to a Direct Control
district the Council may consider and be guided by the provisions outlined in this Section and may require the
applicant to submit any or all of the following for the purpose of relating any proposal to the growth of the
Village of Myrnam:
a. An explanation of the intent of the project;
b. The features of the project that make it desirable to the general public and the Village of Myrnam. This is
to include an evaluation of how the project may contribute to the present and projected needs of the
Village of Myrnam as a whole;
c. A detailed development scheme containing the following information:
i.
Location of all proposed buildings;
ii.
Elevation and architectural treatment of all buildings and associated structures;
iii.
Proposed servicing scheme and its relationship to the Village of Myrnam existing and/or proposed
servicing plans;
iv.
Anticipated scheduling and sequence of development;
v.
Mechanisms by which conformance to the plan will be ensured, such as through a combination of
caveats, easements, service agreements and performance bonds;
vi.
Details of all earthwork and tree removal;
vii.
All yard setbacks, parcel coverage, parcel areas, floor areas, sizes of parcels, and number of parking
stalls; and
viii. Such additional requirements as are determined necessary by Council with regard to the nature of
the proposed development and the surrounding use(s) that may be affected.
Section 3 | Development Permit Process
10
Village of Myrnam
Incomplete Development Permit Application
3.4.6
When, in the opinion of the Development Officer, sufficient details of the proposed development have not
been included with an application for a development permit, the Development Authority may return the
application to the applicant for further details. The returned application shall not be determined to be in its
final form until all required details have been submitted to the satisfaction of the Development Authority.
Should the municipality deem the submitted application incomplete, the Development Authority may issue a
notice acknowledging the application is incomplete.
3.4.7
Where an incomplete application has been submitted, the Village of Myrnam shall hold the application for
thirty (30) days. If the applicant fails to collect the incomplete application within this period, the Village of
Myrnam shall return the application by post.
Demolition
3.4.8
Upon application for a building demolition, the Development Authority may require a demolition plan detailing
the following:
a. Footprint of building and site plan of property on which the building is to be demolished;
b. Measures to be taken to ensure that the demolition is done in a safe and efficient manner and what
measures are to be taken to ensure the disturbance and nuisances (dust, noise, debris, traffic, etc.) as a
result of the demolition are mitigated or minimal;
c. Timelines for completion of demolition and site restoration project;
d. Salvage operation and stockpiling of building demolition material and fill from excavation; and
e. Site restoration and land reclamation upon building demolition (filling, grading, landscaping, etc.).
3.4.9
In the case where a proposed specific use of land or a building is not provided for in any district in the Bylaw,
the Development Officer may determine that such use is similar in character and purpose to a permitted or
discretionary use prescribed for that district.
Home Based Business
3.4.10
An application for a development permit for a home based business shall include the following:
a. A detailed description of the business;
b. Typical hours of operation;
c. Number of resident and non-resident employees;
d. Number of vehicle trips per day;
e. A site plan indicating:
i.
Location of outdoor storage and potential measures to mitigate visual and noise impacts on adjacent
properties;
ii.
Parking layout; and
iii.
A breakdown of the business use area in relation to the remainder of the property.
f.
Any other information requested by the Development Authority.
3.5
Notice of Proposed Development
3.5.1
Prior to an application being considered for a discretionary use, the Development Authority may require one
or more of the following prior to the date of consideration of the application:
Section 3 | Development Permit Process
Land Use Bylaw
11
a. A similar notice to be published once in a newspaper circulating in the municipal area, at the expense of
the applicant; or
b. A similar notice to be published on the Village of Myrnam's website.
3.5.2
The notices issued pursuant to Subsection 3.5.1 shall state:
a. The proposed use of the building or parcel;
b. That an application respecting the proposed use will be considered by the Development Authority;
c. That any person who objects to the proposed use of the parcel may deliver to the Development Authority a
written statement of their objections indicating:
i.
Their full name and address for service of any notice to be given to them in respect of the objection;
and
ii.
The reasons for their objections to the proposed use.
3.6
Referrals for Development Applications
3.6.1
The Development Authority may refer any development permit application to another municipal department
or external agency for their review and comment. The following is a description of mandatory referrals to
external agencies.
a. Crown land development: When the municipality receives a development permit application that is to be
located on Crown land or near a regionally significant or natural area, a copy of the development permit
application shall be forwarded to the appropriate government department for comment and
recommendations;
b. Provincial highway network: The applicant shall be required to obtain an approval from Alberta
Transportation, in the following circumstances:
i.
Subdivision applications within 800.0 m (0.50 miles) of a provincial highway;
ii.
Development permit applications within 300.0 m (0.19 miles) of a provincial highway; and
iii.
Development permit applications within 800.0 m (0.50 miles) of a provincial highway intersection.
c. Critical wildlife, vegetation, and physical environments: To support the preservation of land that is
identified or determined by the municipality to be a critical wildlife habitat, vegetative area, and/or
physical environment, the Development Authority may refer any development permit application that may
adversely affect the subject or adjacent property to the appropriate government department for
comments and recommendations;
d. Alberta Energy Regulator (AER): The applicant shall be required to obtain approval from AER for
developments within 100.0 m (328.08ft) of sour gas, gas or oil facilities in accordance with AER
regulations;
e. Alberta Environment and Parks (AEP): The applicant may be required to obtain an approval from AEP,
subject to location of the subject property, at the discretion of Development Authority. All environmental
audits and Environmental Impact Assessments shall be referred to AEP for review and comment;
f.
Alberta Health: The applicant may be required to obtain an approval from Alberta Health, subject to
location of the subject property, at the discretion of Development Authority; and
g. Inter-municipal referrals shall be in accordance with the Village of Myrnam and County of Two Hills
Intermunicipal Development Plan.
h. The date by which objections must be received by the Development Authority; and
i.
The date, time, and place the application will be considered by the Development Authority.
Section 3 | Development Permit Process
12
Village of Myrnam
3.6.2
At the discretion of the Development Authority, interested person(s) may be provided with an opportunity to
make representation on the application as part of the development permit application review process.
3.7
Decision on Development Permit Applications
Permitted or Discretionary Use Applications
3.7.1
The Development Officer shall receive, consider and decide on all applications for a development permit.
3.7.2
At the discretion of the Development Officer, any development permit application involving a discretionary
use may be referred to Council for decision.
3.7.3
In making a decision the Development Officer may approve the application unconditionally, or impose
conditions considered appropriate, permanently or for a limited period of time or refuse the application.
3.7.4
When the Development Officer refuses an application for a development permit, the decision shall contain
reasons for the refusal.
Temporary Use Approval
3.7.5
Where a development is not required on a permanent basis, the Development Authority may approve the
proposed development permit for a specified period of time. The expiry date of all temporary development
permits shall be clearly indicated on the notice of decision.
3.8
Variance Provisions
3.8.1
The Development Officer may approve an application for a development permit notwithstanding that the
proposed development does not comply with this Bylaw if, in the opinion of the Development Officer, the
proposed development:
a. Would not unduly interfere with the amenities of the neighbourhood;
b. Would not materially interfere with or affect the use, enjoyment or value of neighbouring properties; and
c. Conforms to the use prescribed for the land or building in this Bylaw.
3.8.2
The Development Officer may allow only minor variances where site constraints or other factors prevent the
developer from meeting the standards of the Bylaw.
3.8.3
Notwithstanding other provisions related to the granting of variances, the Development Officer shall not vary
a development control standard (such as site setback criteria) by more than 10%. Variance requests
exceeding 10% shall require the approval of Council.
3.9
Deemed Refusal
3.9.1
In accordance with the Act, an application for a development permit shall, at the option of the applicant, be
deemed to be refused when the decision of the Development Authority is not made within forty (40) days of
the completed application being received by the Development Authority unless an agreement to extend the
forty (40) day period herein described is established between the applicant(s) and the Development
Authority.
Section 3 | Development Permit Process
Land Use Bylaw
13
3.10
Notice of Decision
3.10.1
A decision of the Development Officer on an application for a development permit shall be given in writing
and a copy of it sent to the applicant.
3.10.2
When a permit has been issued the Development Officer shall immediately:
a. Post a notice of the decision conspicuously on the property for which the application has been made;
and/or
b. Mail a notice in writing to all adjacent land owners who in the opinion of the development officer may be
affected; and/or
c. Publish a notice in a newspaper circulating in the municipality stating the location of the property for
which the application has been made and the use approved.
3.10.3
Development permits issued for permitted uses where the proposed development is in complete
conformance with this Bylaw need only be advertised, at the discretion of the Development Authority, to the
applicant and Landowner of the subject property.
3.10.4
Where an application for a development permit has been refused, the notice of decision need only be sent by
mail to the applicant.
3.10.5
A development permit does not come into effect until fourteen (14) days after a notice of decision is
communicated. Any development proceeded with by the applicant prior to the expiry of this period is done
solely at the risk of the applicant.
3.10.6
Where an appeal is made against a notice of decision of the Development Authority, the Subdivision and
Development Appeal Board, or the Alberta Court of Appeal, a development permit shall not come into effect
until the appeal has been finally determined.
3.11
Development Permit Conditions
3.11.1
The Development Authority may require with respect to a development that as a condition of issuing a
development permit, the applicant enter into an agreement to construct or pay for the construction of public
roadways or parking areas, to install or pay for the installation of utilities, or to pay an off-site levy or
redevelopment levy imposed by bylaw.
General Conditions for all Development Permits
3.11.2
Section 3.11 contains standard conditions that apply to all development permits. The Development Authority
may amend or remove any of the conditions listed or add additional conditions not referenced here as
needed on a case by-case basis.
3.11.3
In addition to other requirements of this Bylaw, the Development Authority may require the applicant to enter
into an agreement and to abide by any or all of the following as conditions of approval for a development
permit application:
a. Install or pay for the installation of utilities (i.e., water, sewer and natural gas);
b. Pay for an off-site levy or redevelopment levy imposed by bylaw;
Section 3 | Development Permit Process
14
Village of Myrnam
c. Prior to construction or commencement of any development, the owner/applicant or contractor is
responsible to obtain building, electric, plumbing, sewage, and gas permits, if required. Permits must be
obtained from the Village of Myrnam or a delegated authority. The applicant is required to consult with the
permit issuer to ensure that there are no conflicts between homeowner/contractor permits and the
person(s) responsible for performing the actual work;
d. All arrears that may be owed by the applicant to the Village of Myrnam be paid in full;
e. The development that is the subject of the permit be commenced within twelve (12) months of the issue
date of the development permit and be completed within twenty-four (24) months;
f.
Failure to conform to the conditions of a permit will render it null and void;
g. All development shall be landscaped and graded in a manner that all surface run-off is either contained
on-site, directed into an existing water body (i.e., a lake or stream) or public drainage system (i.e., a
municipal ditch);
h. A lot grading, elevation, and drainage plan;
i.
The applicant shall remove all garbage and waste at his/her own expense and keep the site in a neat and
orderly manner;
j.
The proposed development shall be sited and conform to all building setbacks as shown on the submitted
drawing and shall not be moved or enlarged except where authorized;
k. Any field work or construction undertaken prior to the effective date of the development permit is at the
risk of the owners/applicants;
l.
Any changes or additions to a permit shall require a new development permit application;
m. All development permit fees shall be paid in full prior to construction or commencement of any
development. Failure to pay permit application fees will render a permit null and void; and
n. For garages or Accessory Buildings as built prior to construction of the principal building on a multi-parcel
subdivision parcel, the applicant will be required to submit a security deposit of $2,000.00 to the Village
of Myrnam prior to any construction to ensure an application for a residence is submitted within three (3)
years from the date of this approval. The deposit will be refunded upon the Village of Myrnam inspection
for commencement of an approved residence on said parcel.
3.11.4
In addition to the requirements set out in Subsection 3.11.3, the Development Authority may also require the
applicant to enter into an agreement and to abide by any or all of the following as conditions of approval for a
development permit application:
a. Construct or pay for the construction of public roadways or parking areas;
b. Construct or pay for a pedestrian walkway (sidewalk) system to serve the development;
c. Repair, reinstate, or pay for the repair or reinstatement to original condition of the curbing, sidewalk, and
boulevard, and landscaping, which may be damaged or otherwise affected by the development or building
operations on the site; and
d. Additional conditions for development permit approval for specialized uses.
3.11.5
The applicant must obtain Public Works approval for all approaches required for the proposed development.
3.11.6
Buildings associated with a development permit should be connected to municipal services (water and/or
sewer) at the applicant's expense.
Section 3 | Development Permit Process
Land Use Bylaw
15
Home Based Business
3.11.7
A development permit for a Home Based Business is valid for one (1) year commencing the effective date,
and shall be automatically renewed each year afterwards subject to conformance with the Land Use Bylaw
and the conditions of approval contained in the permit.
3.11.8
The applicant is advised that any application for renewal of a Home Based Business is subject to review by
the Development Authority. The Development Authority shall be notified in writing of such renewal requests,
accompanied by the appropriate development permit application fee, if required, at least six (6) months prior
to the expiry date of the development permit.
3.11.9
The applicant is responsible for obtaining and complying with any required permits from federal, provincial, or
other legislation, or the condition of any easement, covenant, building scheme, or development agreement
affecting the land.
3.12
Validity of Development Permits
3.12.1
A development permit remains in effect unless:
a. It is suspended or cancelled;
b. The development that is the subject of the development permit is not commenced within twelve (12)
months from the date of the issuance of the development permit or as otherwise noted, or not carried out
with reasonable diligence; or
c. The development that is the subject of the development permit is to be externally completed within
twenty-four (24) months of the effective date of the development permit (or as otherwise noted), or be
shown to be carried out with reasonable diligence.
3.13
Extension of Development Permits
3.13.1
The Development Officer may grant a one-time extension to the end date of a development permit for a
maximum of one (1) year where the permit is for a building or use that is permitted or, in the opinion of the
Development Officer, does not adversely impact the use, enjoyment, or value of neighbouring properties.
3.14
Resubmission Interval
3.14.1
If an application for a development permit is refused by the Development Authority or on an appeal to the
Subdivision and Development Appeal Board, the Development Authority may refuse to accept subsequent
development permit applications for the same or similar use on the same parcel for a period of sixty (60)
days from the date of refusal unless, in the opinion of the Development Authority:
a. The reasons for refusal have been adequately addressed; or
b. The circumstances of the application have changed significantly.
3.15
Suspension or Cancellation Permits
3.15.1
The Development Authority may suspend or cancel the notice of decision or the development permit by
notice, in writing, to the holder of the permit if, after a development permit has been issued, the Development
Authority becomes aware that:
a. The application for the development contains a misrepresentation;
b. Facts concerning the application or the development were not disclosed which should have been
disclosed at the time the application was considered;
Section 3 | Development Permit Process
16
Village of Myrnam
c. The development permit was issued in error; or
d. The conditions of development approval are not complied with in a satisfactory manner.
3.15.2
If a person fails to comply with a notice under the Act Section 645, the Development Authority may suspend
or cancel any existing development permit by notice, in writing, to the holder of the permit.
Section 4 | Subdivision Process
Land Use Bylaw
17
4 Subdivision Process
4.1
Requirements for Subdivision Applications
4.1.1
The process for subdivision applications is outlined in Figure 1.
4.1.2
The applicant of a Subdivision Application shall be responsible for the following:
a. All applicable fees (including but are not limited to application, appraisal, mapping, administration, and
endorsement fees) according to the Village's Fees and Charges Bylaw;
b. The expense of drafting a development agreement;
c. Payment of a Subdivision Road Improvement Levy in accordance with the Village of Myrnam policy; and
d. All legal, engineering, and evaluation costs related to the application and approval of the proposed
subdivision.
4.2
Decision on Subdivision Applications
4.2.1
The municipality may use the recommendations of an environmental audit or Environmental Impact
Assessment as a basis for comments to the Subdivision Authority in recommending to approve, approve with
conditions, or refuse an application for subdivision.
4.2.2
A decision from the Subdivision Authority may be appealed to the SDAB or MGB.
4 Subdivision Process
Section 4 | Subdivision Process
18
Village of Myrnam
Figure 1. Subdivision Process
4.3
Subdivision Approval Conditions
4.3.1
Section 0 contains standard conditions that apply to all subdivisions, in addition to any outlined in the
applicable district. The Subdivision Authority may amend, remove or add to any of the conditions listed as
needed on a case-by-case basis.
4.3.2
All subdivision conditions must be fulfilled within twenty-four (24) months of date of subdivision approval.
4.3.3
The applicant shall enter into a development agreement, in a form satisfactory to the Village of Myrnam, to do
any or all of the things referenced in Section 655(1)(b) of the Act. This development agreement may include,
but is not limited to:
a. Suitable access to each parcel constructed to the Village of Myrnam standards;
b. Water;
c. Sewage disposal;
d. Public transportation operated by or on behalf of the municipality;
e. Irrigation;
Section 4 | Subdivision Process
Land Use Bylaw
19
f.
Drainage;
g. Fuel;
h. Electric power;
i.
Heat;
j.
Waste management;
k. Telecommunications;
l.
Rural addressing;
m. Traffic control signs;
n. Subdivision entrance signs;
o. Street names and rural addressing;
p. Installation of rural addressing for each lot created;
q. School Division bus signage installed at the entrance of the subdivision; and
r.
That the Village of Myrnam must approve all infrastructure, signage, street names, and rural addressing
prior to installation or plan endorsement.
4.3.4
Pursuant to Section 662 of the Act, 5.18m (17.0ft) of road widening adjoining all municipal road allowances
is required and may be registered through caveat.
4.3.5
The Subdivision Authority may require a restrictive covenant be placed on all residential lots:
a. Restricting basements on all lots that are restricted for basement development as per any geotechnical
report required by the Village of Myrnam;
b. Prohibiting clearing of vegetation outside of established building sites except where required for weed
management, removal of hazardous trees, and/or selective removal of deadfall;
c. Prohibiting the development of water wells unless a report prepared in accordance with Section 23 of the
Water Act recommends that a water well may be approved for the residential site;
d. Restricting waste-water disposal systems to holding tanks only on certain lots based on assessment of an
on-site Wastewater Treatment System Suitability report;
e. Restricting some lots or units to the sole use of utility services such as water and waste-water above
ground infrastructure, sani-dump treatment and collection facilities, pump stations and fire ponds.
Reserve Lands
4.3.6
Municipal, school, or municipal and school reserve shall be provided in accordance with the Act and the MDP.
4.3.7
Public utility lots and rights of way must be provided, if required, in accordance with the Act and the MDP.
4.3.8
The applicant may be required to provide a landscaped buffer area where the Subdivision Authority feels it is
necessary to limit any potential noise impact from a neighbourhood use.
4.4
Validity of Subdivision Approval
4.4.1
An approval from the Subdivision Authority, SDAB or MGB is valid for two (2) years from date of issuance.
Extension of this period shall not be allowed.
4.4.2
Subject to a 14-day appeal period, the applicant must submit a plan of subdivision to the Subdivision
Authority for endorsement within one (1) year from date of subdivision approval.
Section 4 | Subdivision Process
20
Village of Myrnam
4.5
Enforcement of Subdivision
Plan of Subdivision
4.5.1
The applicant shall prepare and present to the Village of Myrnam staff a plan of subdivision that:
a. Complies with Section 657 of the Act;
b. Complies with the Land Titles Act of Alberta;
c. Is acceptable in all respects to the Registrar of the Land Titles Office of Alberta;
d. Shows the boundaries of the proposed subdivision, including all approaches; and
e. Shows any required reserve lands.
Endorsement
4.5.2
The plan of subdivision shall not be endorsed by the Subdivision Authority if there are any outstanding:
a. Property taxes on the property of the proposed subdivision;
b. Compensation of the items outlined in Section 4.1;
c. Approvals, pursuant to Subsection 4.3.3; or
d. Statutory required approvals.
Section 5 | Subdivision and Development Appeals Process
Land Use Bylaw
21
5 Subdivision and Development Appeals Process
5.1
Grounds for Appeals
5.1.1
In accordance with Section 685(1) of the Act, the person applying for the permit or affected by the stop order
under Section 645 may appeal to the subdivision and development Appeal Board, if a Development Authority:
a. Fails or refuses to issue a development permit to a person;
b. Issues a development permit subject to conditions; or
c. Issues an order under Section 645 of the Act.
5.1.2
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.
5.2
Procedure for Appeals
5.2.1
In accordance with Section 686(1) of the Act, development appeal to a SDAB is commenced by filing a notice
of the appeal, containing reasons, with the board within fourteen (14) days in the case of an appeal made by
a person referred to in Section 685(1) of the Act, after:
a. The date on which the person is notified of the order or decision or the issuance of the development
permit;
b. If no decision is made with respect to the application within the forty (40) day period or within any
extension under Section 684, the date the period or extension expires; or
c. In the case of an appeal made by a person referred to in Section 685(2), the date on which the notice of
the issuance of the permit was given in accordance with the Land Use Bylaw.
5
Subdivision and Development Appeals
Process
Section 5 | Subdivision and Development Appeals Process
22
Village of Myrnam
5.2.2
The SDAB must hold an appeal hearing within thirty (30) days after receipt of a notice of appeal.
5.2.3
The SDAB must give at least five (5) days notice in writing of the hearing:
a. To the appellant;
b. To the Development Authority whose order, decision, or development permit is the subject of the appeal;
and
c. To those owners required to be notified under the Land Use Bylaw and any other person that the SDAB
considers to be affected by the appeal and should be notified.
5.2.4
The SDAB must make available for public inspection before the commencement of the hearing all relevant
documents and materials respecting the appeal, including:
a. The application for the development permit, the decision, and the notice of appeal; or
b. The order under Section 645 of the Act.
5.3
Hearing and Decision
5.3.1
In accordance with Section 687(1) of the Act, at a hearing under Section 686, the SDAB must hear:
a. The appellant or any person acting on behalf of the appellant;
b. The Development Authority from whose order, decision, or development permit the appeal is made, or a
person acting on behalf of the Development Authority;
c. Any other person who was given notice of the hearing and who wishes to be heard, or a person acting on
behalf of that person; and
d. Any other person who claims to be affected by the order, decision or permit and that the SDAB agrees to
hear or a person acting on behalf of that person.
5.3.2
The SDAB must give its decision in writing together with reasons for the decision within fifteen (15) days after
concluding the hearing.
5.3.3
In determining an appeal, the Subdivision and Development Appeal Board:
a. Must act in accordance with any applicable Alberta land Surveyors' Association (ALSA) regional plan;
b. Must comply with the land use policies and statutory plans and the Land Use Bylaw in effect;
c. Must have regard to but is not bound by the subdivision and development regulations;
d. May confirm, revoke, or vary the order, decision, or development permit or any condition attached to any
of them or make or substitute an order, decision, or permit of its own; and
e. May make an order or decision or issue or confirm the issue of a development permit even though the
proposed development does not comply with the Land Use Bylaw if, in its opinion:
i.
The proposed development would not unduly interfere with the amenities of the neighbourhood, or
materially interfere with or affect the use, enjoyment, or value of neighbouring parcels of land; and
ii.
The proposed development conforms with the use prescribed for that land or building in the Land
Use Bylaw.
5.4
Court of Appeal
5.4.1
Pursuant to Section 688 of the Act, an appeal lies to the Court of Appeal on a question of jurisdiction or law
with respect to:
a. A decision of the Subdivision and Development Appeal Board; or
Section 5 | Subdivision and Development Appeals Process
Land Use Bylaw
23
b. The Municipal Government Board on a decision of an appeal under Section 619 of the Act, an inter-
municipal dispute under Division 11 of the Act, or a subdivision appeal.
5.4.2
An application for leave to appeal must be filed with the Court of Appeal within thirty (30) days after the issue
of the decision sought to be appealed, and notice of the application must be given to:
a. The Village of Myrnam;
b. The Municipal Government Board or the Subdivision and Development Appeal Board; and
c. Any other person(s) that the judge directs.
Section 5 | Subdivision and Development Appeals Process
24
Village of Myrnam
This page was intentionally left blank.
Section 6 | Enforcement
Land Use Bylaw
25
6 Enforcement
6.1
Contravention
6.1.1
A Development Authority may find that a development or use of land or buildings is not in accordance with:
a. The Act or the regulations;
b. A development permit or subdivision approval; or
c. This Bylaw.
If this is the case, the Development Authority may, by notice in writing, order the registered owner, the person
in possession of the land or buildings, or the person responsible for the contravention, or any or all of them
to:
d. Stop the development or use of the land or buildings in whole or in part as directed by the notice;
e. Demolish, remove or replace the development; or
f.
Take such other measures as are specified in the notice so that the development or use of the land or
buildings is in accordance with the Municipal Government Act, the regulations, a development permit,
subdivision approval, or this Bylaw, as the case may be.
6.1.2
Where a notice is issued under Subsection 6.1.1, the notice may state the following and any other
information considered necessary by the Development Authority:
a. An explanation of the contravention, and a statement indicating under which provisions of this Bylaw or
the Act the order is being carried out;
b. The alternatives and processes which the person responsible for the contravention may pursue in order to
correct the contravention;
6 Enforcement
Section 6 | Enforcement
26
Village of Myrnam
c. A time frame in which the contravention must be corrected prior to the Village of Myrnam pursuing further
action; and
d. Advise the person of their right to appeal the notice to the Subdivision and Development Appeal Board.
6.1.3
Where a person fails or refuses to comply with an order directed to them pursuant to Subsection 6.1.1 or an
order of the SDAB under Section 687 of the Act within the time specified, Council, or a person appointed by it,
may, in accordance with the Act, enter upon the land or building and take such action as is necessary to carry
out the order. Where an order has not been complied with, Council may register a caveat against the title of
the subject property related to the order. Costs and expenses incurred in carrying out the order may be
placed on the tax roll for the subject property and shall be collected in the same manner as property taxes.
6.2
Prohibitions
6.2.1
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.
6.2.2
No person shall contravene a condition of a permit issued under this Bylaw.
6.2.3
No person shall authorize or do any development that is at variance with the description, specifications or
plans that were the basis for the issuance of a development permit. No person shall modify any description,
specifications, or plans that were the basis for the issuance of any permit by a Development Officer.
6.3
Non Compliance
6.3.1
If, after a development permit has been issued, the Development Authority becomes aware that:
a. The application for the development contains a misrepresentation;
b. Facts concerning the application or the development were not disclosed which should have been
disclosed at the time the application was considered;
c. The development permit was issued in error;
d. The application was withdrawn by way of written notice from the applicant; or
e. If the condition(s) imposed in the development permit have not been complied with;
The Development Authority may cancel, suspend, or modify as considered appropriate, the development
permit by notice, in writing, to the holder of the permit.
6.3.2
A person whose development permit is cancelled, suspended or modified under this Subsection may appeal
to the SDAB in accordance with Section 5 of the Bylaw within fourteen (14) days of notice of such action.
6.4
Warning Notice
6.4.1
A Designated Officer may issue a warning notice outlining the nature of the violation, corrective measures
that may be taken, and the deadline for corrective measures.
6.5
Violation Tickets
6.5.1
A Designated Officer shall be authorized and empowered to issue a municipal ticket to any person who the
Designated Officer has reasonable and probable grounds to believe it has contravened any provision of this
Bylaw.
6.5.2
A municipal ticket may be served:
Section 6 | Enforcement
Land Use Bylaw
27
a. Personally to the person; or
b. Mailed to the address shown on a certificate of title for the lands on which the contravention is alleged to
have occurred.
6.5.3
The municipal ticket shall be in a form approved by the Chief Administrative Officer and shall state:
a. The name of the person to whom the municipal ticket is issued;
b. A description of the offence and the applicable Bylaw Section;
c. The appropriate penalty for the offence as specified in this Bylaw;
d. That the penalty shall be paid within fourteen (14) days of the issuance of the municipal ticket in order to
avoid prosecution; and
e. Any other information as may be required by the Chief Administrative Officer.
6.5.4
Where a contravention of this Bylaw is of a continuing nature, further municipal tickets may be issued by a
Designated Officer.
6.5.5
A person to whom a municipal ticket has been issued may pay the penalty specified on the municipal ticket
and if the amount is paid on or before the required date, the person will not be prosecuted for the offence.
6.5.6
Where a municipal ticket has been issued and the penalty specified on the municipal ticket is not paid within
the prescribed time, a Designated Officer is hereby authorized and empowered to issue a violation ticket
pursuant to Part 2 of the Provincial Offences Procedure Act.
6.5.7
Notwithstanding Subsection 6.5.6, a Designated Officer may immediately issue a violation ticket to any
person whom the designated Officer has reasonable and probable grounds to believe has contravened any
provision of this Bylaw.
6.5.8
A violation ticket issued with respect to a contravention of this Bylaw shall be preserved upon the person
responsible for the contravention in accordance with the Provincial Offences Procedure Act.
6.5.9
If a violation ticket is issued in respect of an offence, the violation ticket may:
a. Specify the fine amount established by bylaw for the offence; or
b. Require a person to appear in court without the alternative of making a voluntary payment.
6.5.10
A person who commits an offence may, if a violation ticket is issued in respect of the offence and the
violation ticket specifies the fine amount established by bylaw for the offence, make a voluntary payment
equal to the specified fine.
6.5.11
When a clerk records in the Court records the receipt of a voluntary payment pursuant to this Bylaw and the
Provincial Offences Act, the receipt of that payment by the Act of recording constitutes acceptance of the
guilty plea and also constitutes a conviction and the imposition of a fine in the amount of the specified
penalty.
6.5.12
In the case of an offence that is of a continuing nature, a contravention constitutes a separate offence in
respect of each day or part of a day, on which the offence continues and any person guilty of such an offence
is liable to a fine in an amount not less than that established by this Bylaw for each such separate offence.
Section 6 | Enforcement
28
Village of Myrnam
6.6
Right of Entry
6.6.1
Where the Development Authority finds that a development or use of land or buildings is not in accordance
with:
a. Part 17 of the Act, regulations thereto, and/or the Land Use Bylaw; or
b. A development permit;
The Development Authority may take such action as specified in Sections 542 and 543 of the Act.
6.7
Stop Orders
6.7.1
The Development Authority may act under Subsection a pursuant to Section 645(1) of the Act, if a
Development Authority finds that a development, land use, or use of a building is not in accordance with:
a. This Part or a Land Use Bylaw or regulations under this Part; or
b. A development permit or subdivision approval;
6.7.2
If Subsection 6.7.1 applies, the Development Authority may, by written notice, order the owner, the person in
possession of the land or building, or the person responsible for the contravention, or any or all of them, to:
a. Stop the development or use of the land or building in whole or in part as directed by the notice;
b. Demolish, remove, or replace the development; or
c. Carry out any other actions required by the notice so that the development or use of the land or building
complies with this Section, the Land Use Bylaw or regulations under this Part, a development permit or a
subdivision approval, within the time set out in the notice.
6.7.3
A person who receives a notice referred to in Subsection 6.7.2 may appeal to the SDAB in accordance with
Section 685 of the Act.
6.8
Appeal to Stop Orders
6.8.1
A person named in a stop order may appeal to the Subdivision and Development Appeal Board (SDAB).
6.9
Enforcement of Stop Orders
6.9.1
Pursuant to Section 646(1) of the Act, if a person fails or refuses to comply with an order directed to the
person under Section 645 or an order of an SDAB under Section 687, the municipality may, in accordance
with Section 542, enter on the land or building and take any action necessary to carry out the order.
6.9.2
A municipality may register a caveat under the Land Titles Act in respect of an order referred to in Subsection
6.9.1 against the certificate of title for the land that is the subject of the order.
6.9.3
If a municipality registers a caveat under Subsection 6.9.2, the municipality must discharge the caveat when
the order has been complied with.
6.10
Offenses and Penalties
6.10.1
Any person who contravenes or does not comply with any provision of this bylaw, or a development permit or
subdivision approval, or a condition of a permit or approval, an order, notice or direction given under this
bylaw, or a decision of the SDAB is guilty of an offense and is liable upon conviction.
Section 6 | Enforcement
Land Use Bylaw
29
6.10.2
Penalties for offences shall be in accordance with the Village of Myrnam's Master Rates - Fees and Charges
Bylaw.
Section 6 | Enforcement
30
Village of Myrnam
This page was intentionally left blank.
Section 7 | Land Use Bylaw Amendment Process
Land Use Bylaw
31
7 Land Use Bylaw Amendment Process
7.1
Procedure for Amendments
Application Requirements
7.1.1
A person may apply to amend this Bylaw, in writing, to the Development Authority by completing the proper
form. All proposed amendments to this Bylaw shall be made in accordance with Section 692 of the Act.
7.1.2
As part of the application referred to in Subsection 7.1.1, the applicant must provide the following
information:
a. Reasons in support of the application;
b. The use to be made of the land that is the subject of the application;
c. Reference to all utility corridors; and
d. The method of land servicing.
Payment and Undertaking
7.1.3
A person making an application to amend this Bylaw for a purpose other than the clarification of an existing
provision of this Bylaw shall:
a. Pay the Village of Myrnam an application fee as set by Bylaw of Council within the Village's Fees and
Charges Bylaw;
7 Land Use Bylaw Amendment Process
Section 7 | Land Use Bylaw Amendment Process
32
Village of Myrnam
b. Undertake in writing on a form provided by the Village of Myrnam to be liable for, and pay on demand, all
expenses made necessary by the processing of the proposed amendment which the Village of Myrnam
may incur, whether it be enacted or not, including but not limited to map printing and reproduction costs,
surveys and advertising charges; and
c. Sign a consent authorizing the right of entry by the Development Authority to such lands or buildings as
may be required for investigation of the proposed amendment.
Investigation and Development Authority
7.1.4
Upon receipt of an application to amend the Land Use Bylaw, the Development Authority shall:
a. Initiate or carry out any necessary investigation or analysis of the issues involved in or related to the
amendment; and
b. Prepare a detailed report including all maps and relevant material for Council to consider.
Procedure by Applicant
7.1.5
Upon receiving the preliminary advice of the Development Authority, the applicant shall advise the
Development Authority if:
a. The applicant wishes the Council to proceed with the amendment as submitted by the person, or an
alternative amendment proposed by the Council; or
b. The applicant wishes to withdraw the application for an amendment.
Review by Council
7.1.6
As soon as reasonably convenient, the Development Authority shall submit the proposed amendment as
originally applied for, or as alternatively determined by the applicant in Subsection 7.1.5 as the case may be,
to the Council, accompanied by the report of the Development Authority and other relevant material, if any,
and the Council shall then consider the proposed amendment.
Council May Direct Repayment
7.1.7
If it appears that the proposed amendment is one which is applicable to and for the benefit of the Village of
Myrnam at large, or most of the persons affected in one area, or to the entire land use district, then the
Council may direct that the application fee be returned to the applicant and that the Village of Myrnam pay
the expense which the applicant has agreed to pay pursuant to the provisions of Subsection 7.1.3.
Proposed Amendments may originate from Development Authority
7.1.8
The Development Authority may, at any time on its own motion, present for the consideration of Council any
proposed amendment to this Bylaw, and the proposed amendment shall be accompanied by the report and
recommendation of the Development Authority.
Amendments Proposed by Council
7.1.9
Council may, at any time, initiate an amendment to this Bylaw, but prior to first reading of any proposed
amendment the proposal shall be referred to the Development Authority for necessary reports and
recommendations.
7.2
Amendment Review Process
7.2.1
Council may, after administrative review, give first reading to a Bylaw to amend this Bylaw.
Section 7 | Land Use Bylaw Amendment Process
Land Use Bylaw
33
7.2.2
Should first reading be given to a Bylaw to amend this Bylaw, Council shall:
a. Establish the date, time, and place for a public hearing on the proposed Bylaw;
b. Outline the procedure to be followed by anyone wishing to be heard at the public hearing; and
c. Outline the procedure by which the public hearing will be conducted.
7.2.3
Council may give a second and third reading to an application to amend this Bylaw.
7.3
Advertising Requirements
7.3.1
On first reading being given to a bylaw to amend this Bylaw, the administration shall:
a. Arrange for notice of the public hearing to be published in two (2) issues of a newspaper circulating in the
Village of Myrnam, the publication date of the second issue being not less than five (5) days prior to the
commencement of the public hearing in a manner outlined in the Act; and
b. Mail a notice of the public hearing to any neighbouring land owners who, in the opinion of the
Development Authority, may be affected by the proposed amendment.
7.3.2
If the proposed amendment provides for a change of district or change of provisions of a district, the
Administration shall mail, not less than fourteen (14) days preceding the date of the public hearing, notice to:
a. The applicant;
b. The registered owner(s) of the land if not the applicant, the registered owner(s) of adjacent land;
c. If the subject amendment lands are adjacent to lands in another municipality, notice to that municipality;
and
d. Any other authorities or persons who, in the opinion of the Development Authority, may be affected.
7.3.3
The notice of the public hearing shall contain the following information:
a. The date, time, and place of the public hearing;
b. The purpose of the proposed Bylaw;
c. That a copy of the proposed Bylaw and any public documents applicable to the proposed Bylaw may be
inspected at the Village of Myrnam office during regular office hours; and
d. The procedure to be followed at the public hearing.
7.4
Notification Hearing / Public Hearing
7.4.1
Where a public hearing is to take place under the provisions of Subsections 7.2.2, 7.2.3, and 7.3.1, the
Development Authority shall provide notice of public hearing for the proposed Bylaw amendment to the
affected land owners as defined by Subsection 7.3.2. The area of influence for such notice shall be
determined by Council resolution.
7.4.2
The Council shall hear anyone who has received the notice of public hearing and who is interested in
speaking at the public hearing.
7.5
Decision by Council
7.5.1
Council shall review the report and recommendations and may:
a. Request further information;
b. Approve the proposed text amendment or re-districting as proposed;
Section 7 | Land Use Bylaw Amendment Process
34
Village of Myrnam
c. Approve the proposed text amendments or re-districting with modifications within the scope of the
limitations of the Act; or
d. Refuse the proposal.
7.5.2
The Council may use the recommendations of an environmental audit or Environmental Impact Assessment
as a basis for:
a. Reasons to amend this Bylaw;
b. Reasons to refuse an application to amend this Bylaw;
c. Reasons to approve an application to adopt or amend a statutory plan; and
d. Reasons to refuse an application to adopt or amend a statutory plan.
7.6
Resubmission Interval
7.6.1
Where an application for an amendment to this Bylaw has been defeated by Council, another application for
the same or substantially the same amendment shall not be considered within twelve (12) months of the
date of the refusal unless Council otherwise directs.
7.6.2
Proposed amendments to this Bylaw are subject to those requirements and procedures set out in the Act
Section 692 regarding enactment of Bylaws.
Section 8 | General Development Regulations
Land Use Bylaw
35
8 General Development Regulations
8.1
Accessory Buildings and Structures
8.1.1
Where a structure is attached to the principal building on a site by a roof, open, or closed structure, a floor or
foundation, it is considered a part of the principal building and not an accessory building.
8.1.2
An accessory building or structure shall not be used as a dwelling except where it contains a garden suite in
accordance with Section 9.3.
8.1.3
An accessory building shall not exceed one storey or 4.5m (14.8ft) in height excluding an accessory building
built as a garden suite that shall not exceed two storeys 7.0m (23.0ft) in height.
8.1.4
Accessory buildings shall be located:
a. A minimum of 2.0m (6.6ft) from any dwelling;
b. No closer to the front property line than the front line of the dwelling;
c. No closer than 1.0m (3.3ft) to any side or rear property line if the accessory building height is 4.0m
(13.1ft) or less in height;
d. No closer than 1.5m (4.9ft) to any side or rear property line if the accessory building is greater than 4.0m
(13.1ft) in height;
e. At the discretion of the Development Authority, on a zero side yard setback, provided they are located on
the same zero side yard as the principal buildings; and
f.
At the discretion of the Development Authority, on a zero side or rear yard setback provided that the
structure is not more than 1.8m (5.9ft) in height and not larger than 10.0m² (107.6ft2).
8 General Development Regulations
Section 8 | General Development Regulations
36
Village of Myrnam
8.2
Building Design, Character, and Appearance
8.2.1
The design, character and appearance of a building should:
a. Be compatible with any other building existing in the vicinity, unless the building is setting a new standard
of design, character and appearance for the land use district or a particular locality of it;
b. Be consistent with the purpose of the land use district in which the building is located; and
c. Comply with any provision of a statutory plan applicable to the design, character and appearance of the
building.
8.3
Double Fronting Lots
8.3.1
Where in any district a lot fronts on more than one road, the frontage that is on the same road as adjoining
lot frontages shall be used for determining the front setback. The other frontage may be considered the side
or rear line, at the discretion of the Development Authority.
8.4
Dwellings on a Parcel
8.4.1
In any residential or manufactured home district or any district permitting a one-family dwelling no permit
shall be granted for the erection of more than one dwelling, single detached unit on a single parcel.
8.5
Landscaping
General
8.5.1
As a condition of the development permit, and to the satisfaction of the Development Officer, all landscaping
and planting must be carried out (weather permitting) within one year after building completion or occupancy
of the development.
8.5.2
Any portion of a site area not occupied by buildings or parking/storage areas shall be landscaped.
Landscaping may consist of hard landscaping or soft landscaping, or some combination of them.
8.5.3
The applicant of a development permit may be required as determined by the Development Authority to
provide a detailed landscape plan, to the satisfaction of the Development Authority, including:
a. Common names of trees and shrubs;
b. Location of trees and shrubs;
c. Number of trees and shrubs; and
d. Landscape details specifying the mixture of coniferous and deciduous trees and shrubs designed to
provide landscape enhancement for year round effect.
Site Grading
8.5.4
All site grading must adhere to a site grading plan submitted by the developer and approved by the
Development Authority, provided that the site grading plan:
a. Includes the following information:
i.
Design elevations;
ii.
Surface gradients;
iii.
Swale locations; and
iv.
Other drainage information, as required by the Development Authority;
Section 8 | General Development Regulations
Land Use Bylaw
37
b. Directs surface drainage to public parks, reserves, boulevards, ditches, or roads;
c. Has a minimum slope of 2% from the minimum front and side setbacks to the side property line; and
d. Shows the slope along the property line to the design corner elevations to be continuous, without breaks
or changes in slope.
8.5.5
Where drainage along property lines is provided within or outside of easements, the site grading plan shall be
adhered to and drainage courses not obstructed.
8.5.6
If it is not possible for a developer to adhere to the site grading plan, or the developer chooses to deviate
from the site grading plan, it is the property owner's responsibility to ensure the deviations are made without
adversely affecting abutting properties. Retaining walls or special sloping are the responsibility of the party
deviating from the site grading plan.
8.6
Moved In Buildings
8.6.1
Any application for a "moved-in building" considered by the Development Officer shall:
a. Be accompanied by recent colour photographs of the structure;
b. Be accompanied by a performance bond of not less than $1,000.00, or as required by the Development
Officer;
c. Indicate if the building will meet the requirements of the Alberta uniform building standards act and if it
does not, how the building will be brought up to these requirements; and
d. Meet all other requirements or conditions as required by the Development Officer.
8.6.2
All structural and exterior renovations to a relocated building are to be completed within one year of the
issuance of the development permit.
8.7
Objects Prohibited or Restricted in Yards
8.7.1
No person shall keep or permit in any part of a yard in any residential district:
a. Any dismantled or wrecked vehicle for more than 14 successive days;
b. Any object or chattel which, in the opinion of the Development Officer, is unsightly or tends to adversely
affect the amenities of the district;
c. Any excavation, storage or piling up of materials required during the construction stage unless all
necessary safety measures are undertaken; 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;
d. A commercial vehicle or recreational vehicle to remain in a front yard;
e. No accessory building, use or parking space shall be located in the front yard of a residential use without
the specific approval of the Development Officer; and
f.
On parcels less than one acre in size, the keeping of livestock or fowl except in the case of approved
commercial or industrial operations.
Section 8 | General Development Regulations
38
Village of Myrnam
8.8
Parking
Access and Approach
8.8.1
In any district, when any new development is proposed, including but not limited to a change of use of an
existing building or lot, or when any existing development is, in the opinion of the Development Authority,
substantially enlarged or increased in capacity, then provision shall be made for on-site parking spaces in
accordance with the regulations and standards contained in this Bylaw.
8.8.2
Adequate access to and egress from individual parking spaces is to be provided at all times by means of
unobstructed manoeuvering aisles developed to the satisfaction of the Development Authority, except where
otherwise indicated in this Bylaw.
8.8.3
All curb crossings, entrances, and exits shall be subject to the prior approval of the Development Authority.
General Parking Standards
8.8.4
Parking requirements for uses not listed in Table 2 shall be in accordance with requirements determined by
the Development Authority.
8.8.5
Where the number of parking spaces is determined by reference to a unit such as the number of seats, floor
area, beds, etc., the next higher whole number shall be required where the calculation results in a fractional
number of parking spaces.
8.8.6
In the case of different uses or mixed-uses on the same site, on-site parking facilities shall be the sum of the
requirements for the uses computed separately. On-site parking facilities for one use shall not be considered
as providing required facilities for any other use, unless specifically approved by the Development Authority.
8.8.7
Every on-site parking space provided or required in any district and the access to it shall be surfaced in the
same manner and materials as the road or lane from which the space gains access.
8.8.8
Every on-site parking space provided or required in any commercial district and the access to it, shall be
lighted, well-drained, and landscaped.
8.8.9
Notwithstanding Subsection 8.8.7, any area at the rear or the side of the principal building provided or
required for on-site parking in an industrial district need not be hard-surfaced, but shall be of such a surface
as will minimize the carrying of dirt or foreign matter onto the road or lane.
8.8.10
Adequate curbs or fences shall be provided to the satisfaction of the Development Authority within or at the
boundaries of a parking space or area if, in the opinion of the Development Authority, it is or becomes
necessary to protect adjacent fences, walls, boulevards, landscaped areas, or buildings on the site or on an
abutting site from contact with vehicles using such parking space or area.
Section 8 | General Development Regulations
Land Use Bylaw
39
Parking Space Dimension Requirements
8.8.11
The minimum dimensions of manoeuvering aisles and parking stalls shall be in accordance with Table 1.
Table 1. Minimum Parking Dimensions
Stall Width
(a)
Parking
Angle
(b)
Aisle Width
(c)
Stall Depth
Perpendicular
to Aisle
(d)
Parking Unit Depth
(e)
One-Way
Two-Way
One-Way
Two-Way
7.0m
0°
3.4m
7.0m
3.0m
9.4m
13.0m
3.0m
30°
3.1m
7.0m
5.4m
13.9m
17.8m
3.0m
45°
3.6m
7.0m
6.1m
15.8m
19.2m
3.0m
60°
6.0m
7.0m
6.4m
18.8m
19.8m
3.0m
90°
7.0m
7.0m
6.0m
19.0m
19.0m
8.8.12
Up to 15% of the number of parking stalls required in this Bylaw may be reduced in stall width and depth, at
the discretion of the Development Authority, provided that:
a. The stall width and depth are reduced by no more than 10% of the size required in Table 1; and
b. The parking stalls with reduced stall width and depth are clearly marked for small car parking.
Section 8 | General Development Regulations
40
Village of Myrnam
Number of On-Site Parking Spaces Required
8.8.13
The minimum number of on-site parking spaces required for any development shall be as defined in Table 2.
In the case of use not specifically mentioned, the required number of off-street parking spaces shall be the
same as for a similar use as determined by the Development Authority.
Table 2. Residential Parking Requirements
Use
Parking Requirements
RESIDENTIAL USES
DWELLING, SINGLE DETACHED
2 stalls per dwelling unit
DWELLING, APARTMENT
DWELLING, DUPLEX
DWELLING, TOWNHOUSE
1.5 stalls per dwelling unit
SECONDARY SUITE
1 stall per secondary suite
HOME BASED BUSINESS
1 stall
COMMERCIAL USES
RETAIL
PERSONAL SERVICE SHOP
PROFESSIONAL, FINANCIAL,
OFFICE, HEALTH AND BUSINESS
SUPPORT SERVICE
1 stall per 46.5m2 (500.0ft2) of gross floor area leasable plus an additional stall
per two employees
RESTAURANT
BAR / NEIGHBOURHOOD PUB
PRIVATE CLUB
1 stall per five seats plus an additional stall per two employees
HOTEL
MOTEL
1 stall per sleeping unit plus an additional stall per two employees
PLACES OF ASSEMBLY &
INSTITUTIONAL USES
PLACE OF WORSHIP
RECREATIONAL USE
INSTITUTIONAL USE
To the satisfaction of the Development Authority
SCHOOL
1 stall per employee plus an additional five stalls
HOSPITAL
1 stall per 93.0m2 (1001.0ft2) of gross floor area, or 1 stall per four beds plus
an additional stall for every two employees
Section 8 | General Development Regulations
Land Use Bylaw
41
Use
Parking Requirements
INDUSTRIAL USES
INDUSTRIAL USE, GENERAL
1 stall per employee or to the satisfaction of the Development Authority
8.8.14
When a building is enlarged or altered in such a manner as to cause an intensification or change of use,
provisions shall be made for additional parking spaces as required by Section 8.8.
On-Site Loading
8.8.15
When required by the district regulations of this Bylaw or by the Development Authority, a development shall:
a. Provide loading spaces, each having dimensions of not less than 3.0m (9.8ft.) in width, 7.5m (24.6ft.) in
length, and 4.25m (13.9ft.) in height;
b. Provide vehicular access to and from a road or lane such that no backing or turning movements of
vehicles going to or from the site cause interference with traffic in the abutting roads or lanes;
c. Be sited at an elevation or elevations convenient to a major floor level in the building or to a utility elevator
serving each major floor level; and
d. Be so graded and drained as to dispose of all storm water runoff.
Barrier-free Parking Requirements
8.8.16
Parking for the physically handicapped shall also be provided as Provincial regulations require and shall be
considered as part of the number of stalls required for the project.
8.8.17
A maximum of 5% of the total number of stalls required may be required to be provided for the handicapped
by the Development Authority, provided that a maximum of three (3) stalls may be required for any project,
unless exceptional circumstances due to the magnitude of development would warrant more than three (3)
stalls.
8.9
Projections into Yards
8.9.1
If fireplaces or balconies are included, yard requirements shall be measured from the leading edge of the
fireplace or balcony.
8.9.2
The following features may project into a required minimum setback:
a. Eaves, shade projections, bay or oriel windows, chimney breasts, or parts of a chimney that are
constructed of non-combustible material, belt courses, sills, balconies, unenclosed steps, with or without
a landing but without a roof and not more than 1.0m (3.3ft) above ground level, and any other
architectural features which, in the opinion of the Development Authority, are of a similar character,
provided such projections do not exceed 0.6m (2.0ft);
b. Balconies in apartment buildings not more than 1.5m (4.9ft); and
c. Uncovered steps and entrance ways not more than 2.0m (6.56ft) into the required front setback as.
8.9.3
In no situations shall the projections into any required setbacks be closer than 0.45m (1.47ft) to the
adjoining property line to meet the requirements of high-intensity residential fires regulations established by
the Province of Alberta.
Section 8 | General Development Regulations
42
Village of Myrnam
8.10
Substandard Lots
8.10.1
With the approval of the Development Officer the minimum site area and yard setbacks may be less in the
case of existing substandard lots.
Section 9 | Specific Development Regulations
Land Use Bylaw
43
9 Specific Development Regulations
9.1
Campgrounds
9.1.1
A campground shall:
a. Provide minimum front, side, and rear setbacks of 7.6m (25.0ft);
b. Provide sites:
i.
With a minimum width of 10.0m (32.8ft);
ii.
With a minimum area of 250.0m2 (2,691.0ft2); and
iii.
Setback a minimum of 30.0m (98.4ft) from any water body.
c. Have two way internal roads with a minimum width of 6.0m (20.0ft);
d. Have one way internal roads with a minimum width of 3.65m (12.0ft);
e. Provide on-site water;
f.
Provide sewage disposal facilities; and
g. Include a playground area with a minimum area of ten percent (10%) of the total site area.
9.1.2
The Development Authority, as a condition of a development permit approval, may:
a. Require the applicant to construct, upgrade, or pay to construct or upgrade any necessary municipal
infrastructure to service to the development; or
b. Require the applicant to obtain any necessary permits and approvals from all regulatory authorities and
agencies having jurisdiction, including any necessary approvals pursuant to the Alberta Safety Codes Act
that may be applicable.
9 Specific Development Regulations
Section 9 | Specific Development Regulations
44
Village of Myrnam
9.2
Drive-through Business
Access
9.2.1
A drive-through business shall not be located on sites where, in the opinion of the Development Authority, the
drive-through business would create unsafe vehicle circulation or access or egress from the site.
9.2.2
All parts of a site to which vehicles may have access shall be hard surfaced and drained to the satisfaction of
the Development Authority to provide a durable dust-free surface.
9.2.3
No curb cut providing vehicle access onto the subject site shall:
a. Be within 6.0m (19.7ft) from the nearest corner of an intersection of two roads;
b. Have a width greater than 10.7m (35.1ft);
c. Be located closer than 6.0m (19.7ft) from an adjacent curb cut on the same side of a site and measured
along the lot line.
Landscaping and Screening
9.2.4
A minimum of ten percent (10%) of the site area of a drive-through business shall be landscaped to the
satisfaction of the Development Authority.
9.2.5
Where a drive-through business is located abutting to a residential district, screening shall be provided to the
satisfaction of the Development Authority.
Site Design
9.2.6
The minimum required front landscaped yard shall be 3.0m (9.8ft), or such greater distance as prescribed
within the applicable district within which the development is located.
9.2.7
A minimum of two (2) queuing spaces shall be provided for each drive-in window to the following standards:
a. Minimum length of 6.5m (21.3ft) and width of 3.0m (9.8ft); and
b. Provide sufficient space for turning and maneuvering and not interfere with parking or access on the site.
9.2.8
A drive through facility providing automotive servicing, such as quick lube, or similar facilities, shall provide
sufficient vehicle stacking on the site for a minimum of five (5) passenger vehicles or three (3) large trucks.
This requirement is in addition to the parking standards as outlined in Section 8.8.
9.2.9
The on-site layout of vehicle circulation patterns shall be to the satisfaction of the Development Authority.
9.2.10
Any lighting proposed to illuminate the site shall be located and arranged so that all direct rays of light are
directed upon the site only and not on any abutting residential use.
9.2.11
A sufficient number of catch basins to drain the site shall be provided, to the satisfaction of the Development
Authority.
Site and Building Area
9.2.12
Where the customer normally remains in the vehicle for service, the minimum site size shall be 930.0m2
(10,010.4ft2), and the minimum building area shall be 37.0m2 (398.3ft2).
Section 9 | Specific Development Regulations
Land Use Bylaw
45
Maintenance
9.2.13
The owner, tenant, operator, or person in charge of a drive-in business shall, at all times:
a. Maintain the site and the buildings, structures, and improvements thereon in a clean, neat, tidy, and
attractive condition, free from all rubbish and debris;
b. Be responsible for the proper, safe, and orderly operation of the business and of motor vehicles using the
site, and without restricting the generality of the foregoing, shall ensure that operators of motor vehicles:
i.
Do not obstruct the sidewalks and boulevards abutting or adjacent to the site; and
ii.
Enter and leave the site only at the entrances and exits provided for such purposes.
9.3
Garden Suite
9.3.1
A garden suite may be located in an accessory detached garage or an accessory building on a residential lot
where a single family dwelling is the principal dwelling.
9.3.2
A garden suite shall:
a. Be limited to one (1) garden suite per property;
b. Comply with setbacks for accessory buildings and structures within Section 8.1;
c. Have a covered entrance feature above the main entrance;
d. Comply with the Alberta Safety Code Act;
e. Have a gross floor area less than the gross floor area of the principal dwelling; and
f.
Require one (1) parking space on-site in addition to required parking spaces for the principal dwelling.
9.3.3
A garden suite located within an accessory detached garage:
a. Be located within an accessory building to a principal dwelling that is a detached garage; and
b. Have a direct separate entrance to the exterior of the detached garage that it is located above.
9.4
Home Based Business
General
9.4.1
No home based business shall create any adverse variation from the external appearance and residential
character of land or buildings.
9.4.2
Any home based business may be required to enter into a road use agreement at the discretion of the
development authority.
9.4.3
Home based businesses are responsible to conform to provincial legislation and regulation related to the
storage of hazardous materials.
Home Based Business Minor
9.4.4
A home based business minor shall not require a development permit.
9.4.5
A home based business minor shall:
a. Be operated by the permanent resident(s) of the principal dwelling;
b. Not employ any non-residents;
c. Not change the character of the dwelling in which it is located;
Section 9 | Specific Development Regulations
46
Village of Myrnam
d. Not have any exterior evidence of the secondary use other than a small sign as provided for in Section
9.18 of this Bylaw;
e. Have no more than two (2) home based business vehicles used in conjunction with the home based
business, parked and maintained on the site;
f.
Be contained within the principal dwelling; and
g. Have no exterior storage.
Home Based Business Medium
9.4.6
A home based business medium shall require a development permit.
9.4.7
A home based business medium shall:
a. Be operated by the permanent resident(s) of the principal dwelling;
b. Not employ more than two (2) non-residents concurrently;
c. Not change the character of the dwelling or accessory building in which it is located;
d. Not have any exterior evidence of secondary use other than a small sign as provided for in Section 9.18 of
this bylaw;
e. Have no more than three (3) home based business vehicles used in conjunction with the home based
business, parked and maintained on the site;
f.
Be contained within no more than 30% of gross floor area of the principal dwelling;
g. Exterior storage may be considered at the discretion of the Development Authority subject to appropriate
screening to the satisfaction of the Development Authority; and
h. Clients and customers of a home based business medium shall only be permitted to visit the premises
between the hours of 7:00 am - 5:00 pm.
Home Based Business Major
9.4.8
A home based business major shall require a development permit.
9.4.9
A home based business major shall:
a. Be operated by the permanent resident(s) of the principal dwelling;
b. Not employ more than twelve (12) non-residents concurrently;
c. Not change the character of the dwelling or accessory building in which it is located;
d. Have no more than six (6) home based business vehicles used in conjunction with the home based
business, parked and maintained on the site
e. Be located on a parcel with an areas of not less than 4.0ha (9.9ac);
f.
Be located within a portion of the principal dwelling not exceeding 30% of the gross floor area of the
principal dwelling and within an accessory building;
g. Be permitted the outdoor storage of goods, materials, commodities or finished products;
h. Clients and customers of a home based business major shall only be permitted to visit the premises
between the hours of 6:00 am - 8:00 pm; and
i.
Not include day homes, bed and breakfast establishments, or guest ranches.
Section 9 | Specific Development Regulations
Land Use Bylaw
47
9.5
Hotels / Motels
9.5.1
For the purposes of this Section, a rentable unit means a separate unit on a hotel / motel site used or
intended to be used for the accommodations of one or more persons.
9.5.2
Site requirements for hotels / motels shall be in accordance with Table 3.
Table 3. Site Requirements for Hotels / Motels
Minimum Site Area / Unit
Minimum Required Yards
Minimum Parking on Site
One Storey
139.0 sq. m (1496.2 sq. ft.)
Front: 7.5 m (24.6 ft.)
Side: 3.0 m (9.8 ft.)
Rear: 3.0 m (9.8 ft.)
One per sleeping unit
Two Storey
92.0 sq. m (990.3 sq. ft.)
Front 7.5 m (24.6 ft.)
Side 3.0 m (9.8 ft.)
Rear 3.0 m (9.8 ft.)
One per sleeping unit
9.5.3
Except in the case of rentable units and any other buildings connected by a continuous roof to form a shelter
for motor vehicles, not less than 13.6m (11.8ft) of clear and unoccupied surface space shall be provided
between each rentable unit and any other building on the site.
9.5.4
Each rentable unit of a motel shall face onto or abut a driveway not less than 6.0m (19.7ft) in width and shall
have unobstructed access thereto.
9.5.5
Not more than one motor vehicle entrance and one motor vehicle exit of a hotel / motel to a street, each with
a minimum width of 7.5m (24.6ft) at its narrowest point, shall be permitted, provided that one combined
motor vehicle entrance and exit shall be permitted, not less than 9.0m (29.5ft) in width.
9.5.6
The owner, tenant, operator or person in charge of a hotel / motel shall at all times:
a. Maintain the site, buildings, structures, and improvements in a clean, tidy and attractive condition free
from all rubbish and debris;
b. Maintain garbage and/or incineration facilities to the satisfaction of the Development Authority;
c. Maintain an appropriate fence where required, not less than 75cm (30in) in height around the boundaries
of the site;
d. Landscape and keep the site landscaped; and
e. Be responsible for providing all utility and sewage disposal and water supply facilities to meet the
requirements of Provincial Regulations and legislation.
9.6
Keeping of Animals
9.6.1
The keeping of livestock within all land use districts, excluding the Urban Reserve (UR) District, shall be
prohibited.
Section 9 | Specific Development Regulations
48
Village of Myrnam
9.7
Kennel
9.7.1
A Kennel shall not be located within a 304.8m (1,000.0ft) radius of an existing multi-parcel residential
subdivision.
9.7.2
The Development Authority may regulate the hours that the animals are allowed outdoors.
9.7.3
A development permit application for a Kennel, in addition to the development permit application
requirements within Section 3.4, shall:
a. Identify that all facilities meet public health regulations and state that facilities will be maintained in a
manner satisfactory to the health regulatory authority;
b. Not include any facility or outdoor exercise area within the front yard, side yards, or within 25.0m (82.0ft)
of a property line; and
c. Include fencing with a minimum height of 1.8m (6.0ft) around outdoor exercise areas;
9.8
Manufactured Homes
Development Permit Application
9.8.1
A development permit application for a manufactured home shall contain, in addition to Section 3.4:
a. Recent colour photos of all exterior sides of the manufactured home; and
b. Proof of associated Canadian Standards Association (CSA) and Alberta Municipal Affairs (AMA) labels.
Development Permit Approval
9.8.2
A development permit approval for a manufactured home shall be issued if the manufactured home:
a. Contains a Canadian Standards Association (CSA) CSA Z240 MH label with a manufacturing date greater
than 1991;
b. Contains an Alberta Municipal Affairs (AMA) label; and
c. Has a minimum width of 5.0m (16.4ft).
Appearance
9.8.3
The Development Authority reserves the right to refuse a development permit for a manufactured home that
contains exterior roof and wall materials that are in poor appearance or condition.
9.8.4
The Development Authority may impose as a condition on a development permit for a manufactured home
that renovations be completed, within thirty (30) days after placement of the manufactured home on the
property, to enhance the exterior appearance.
Development Permit Conditions
9.8.5
A development permit for a manufactured home shall include the following conditions:
a. That the undercarriage of a manufactured home be completely screened by skirting from the grade level
to floor level, with a matching material to the manufactured home exterior, within thirty (30) days of the
manufactured home being placed on a property;
b. That aesthetically compatible entrance steps and landings to the manufactured home be constructed
within thirty (30) days of the manufactured home being placed on a property; and
Section 9 | Specific Development Regulations
Land Use Bylaw
49
c. The manufactured home shall be placed on a foundation or base in accordance with the requirements of
the Alberta Building Code.
Missing CSA and / or AMA Labels
9.8.6
A development permit for a manufactured home that does not contain a CSA Z240 MH and/or an AMA label
shall not be granted approval unless:
a. An inspection report, prepared by an Alberta Safety Codes Officer, has been provided that identifies
necessary upgrades in order for the manufactured home to come into compliance with the CSA Z240 MH
standard or regulations made pursuant to the Alberta Safety Codes Act; and
b. Conditions of the development permit include:
i.
Necessary upgrades identified within an inspection report are to be completed prior to occupation of
the manufactured home and within thirty (30) days after placement of the manufactured home on
the property; and
ii.
The Development Authority shall receive verification from an Alberta Safety Codes Officer that
upgrades, identified within an inspection report, have been satisfactorily completed prior to
occupancy of the manufactured home.
9.9
Medical Marijuana Facility
9.9.1
A Medical Marijuana Facility shall not:
a. Operate on a parcel in conjunction with another use; and
b. Involve outdoor storage of goods, materials or supplies.
9.9.2
All activities related to a Medical Marijuana Facility shall occur within a fully enclosed stand-alone building,
including but not limited to loading, receiving and shipping of medical marijuana and any other goods,
materials and supplies.
9.9.3
A Medical Marijuana Facility shall provide:
a. Landscaping and parking requirements as determined by the Development Authority; and
b. Waste storage areas and container within the primary enclosed building.
9.9.4
As a condition to a development permit application approval for a Medical Marijuana Facility, the
Development Authority shall require a copy of the Health Canada license prior to operation of the facility.
9.10
Natural Resource Extraction and Processing
General
9.10.1
A Natural Resource Extraction or Natural Resource Processing use shall:
a. Not be located within multi-parcel residential subdivisions;
b. Not be located within 800.1m (2625ft) of multi-parcel residential subdivisions; and
c. Have a minimum parcel area of 5.0ha (12.4ac) that includes associated activities and operations.
9.10.2
As part of the development permit application for a Natural Resource Extraction or Natural Resource
Processing, in addition to development permit application requirements of Section 3.4, the Development
Authority may require:
Section 9 | Specific Development Regulations
50
Village of Myrnam
a. A Geotechnical Study if the proposed development is within 800.1m (2625.0ft) of an existing
development sited on or adjacent to a sloping terrain.
9.10.3
All conditions on an approved development permit must be satisfied prior to commencing development or the
development permit will be revoked.
Setback and Screening
9.10.4
The applicant shall include the following information related to setbacks and screening at the aggregate
extraction and processing site to the satisfaction of the Development Authority:
a. Written consent from all pipeline and right-of-way holders within the pit or within the vicinity of the pit.
b. Details of the screening and landscaping, to be undertaken by the applicant, in order to reduce the
negative visual impact of the development. The details should include, but are not limited to, information
related to:
i.
The location and area of native vegetation that will remain undisturbed;
ii.
The location, design, and staging of any visual barriers to be constructed by the applicant, such as
fences or berms;
iii.
The location and area where the applicant will plant vegetation and trees; and
iv.
Details on any other measures to be taken by the applicant.
Reclamation
9.10.5
Natural Resource Extraction or Natural Resource Processing developments must be reclaimed to the
satisfaction of the provincial and/or federal authority having jurisdiction.
9.10.6
The Development Authority may require, as a condition of a development permit, that the owner provide a
guaranteed security to ensure that reclamation is completed. The security may take the following forms:
a. Cash to a value equal to one hundred ten (110) percent (%) of the established reclamation costs; or
b. An irrevocable Letter of Credit having the value equivalent to one hundred ten (110) percent (%) of the
established reclamation costs.
9.10.7
If a Natural Resource Extraction and Processing development has already received approval from Alberta
Environment and Parks and security for reclamation has been submitted to the satisfaction of the Province,
the security required by Subsection 9.10.6 is not required.
9.10.8
The owner or the applicant, based on the information provided in the reclamation plan, shall calculate and
pay the reclamation security in accordance with provincial requirements. In the event the owner does not
complete the required reclamation in the time specified in the approved reclamation plan and the cash or the
Letter of Credit is insufficient for the Village of Myrnam to complete the required work, should it elect to do so,
then the owner shall pay such deficiency to the Village of Myrnam immediately upon being invoiced. The
Village of Myrnam shall provide an accounting to the owner indicating how the proceeds of the Letter of
Credit were applied, within sixty (60) days of completing the reclamation.
9.10.9
A Road Use Agreement, between the Village of Myrnam and the landowner/developer of the natural resource
extraction and/or processing use, incorporating haul routes, maintenance, signage, and other related clauses
is required as a condition of a development permit.
Section 9 | Specific Development Regulations
Land Use Bylaw
51
9.11
Private Swimming Pools and Hot Tubs
9.11.1
A private outdoor hot tub or swimming pool above or below-ground shall:
a. Not be situated within a front yard;
b. Be enclosed by a fence or wall with a height not less than 1.8m (5.9ft);
c. Provide access through an enclosed fence or wall by a gate that is:
i.
The same height as the fence or enclosure; and
ii.
Equipped with a self-latching device on the inside of the gate located not less than 1.5m (4.9ft)
above the ground level;
9.12
Propane Tank Storage
9.12.1
The Alberta Ministry of Municipal Affairs Public Safety authority regulates the storage and handling of
propane through enforcing the Safety Codes Act, standards, inspections, licensing and permits.
9.13
Public Park
9.13.1
Public parks that contain day use and picnic areas shall provide:
a. An adequate number of picnic tables, fire pits, garbage cans;
b. Landscaping that is to be regularly maintained;
c. Landscaped screening or fencing along property lines that directly abut residential lots;
d. Parking in accordance with Section 8.8.
9.14
Secondary Suite
9.14.1
A secondary suite shall only be allowed in single detached or duplex dwellings.
9.14.2
Only one (1) secondary suite shall be allowed per principal building.
9.14.3
A secondary suite shall not be allowed in an accessory building.
9.14.4
A secondary suite shall not exceed 50% of the total floor area of the principal building, including upper floors
and basement combined, or 90.0m², whichever is less, and shall not be smaller than 38.0m².
9.14.5
A separate entrance door shall be required for a secondary suite either from outdoors or from a shared entry
area within the principal building.
9.14.6
A minimum of one (1) off-street parking stall shall be provided per secondary suite for the exclusive use of the
occupant of the secondary suite, in addition to any other parking stalls required to serve the principal
building.
9.15
Service Stations and Bulk Fuel Station
9.15.1
The minimum site area of a service station shall be 1,500m2 (16,145.9ft2).
9.15.2
The minimum site area of a bulk fuel station shall be 2,700m2 (29,062.6ft2).
Section 9 | Specific Development Regulations
52
Village of Myrnam
Setback of Building and Structures
9.15.3
Petroleum Tank Management Association of Alberta (PTMAA) is the designated approval authority for
administration of Alberta Fire Code for the Village of Myrnam as it relates to one or more of petroleum and/or
bulk fuel product storage system construction, registration, upgrading, testing, closure, maintenance and
operation standards.
9.15.4
The setback requirements for the above ground and underground storage tanks from buildings and property
lines shall be to the satisfaction of the PTMAA guidelines.
Site and Building Requirements
9.15.5
All parts of the site to which vehicles may have access shall be hard-surfaced if the property is accessed from
a paved public road or lane, and drained to the satisfaction of the Development Authority.
9.15.6
A minimum of 10% of the site area of a service station shall be landscaped to the satisfaction of the
Development Authority.
9.15.7
The maximum building coverage for a service station or bulk fuel station shall be 25% of the site area.
Vehicle Wash Facilities
9.15.8
For service stations with vehicle washing facilities, a minimum of five (2) queuing spaces shall be provided
per service lane or washing bay, plus a minimum of two (1) queuing spaces located downstream of each
service lane or washing bay.
9.16
Shipping Containers - Residential Use
9.16.1
Within the Residential (R) District shipping containers may be used as a principal building at the discretion of
the Development Authority and shall:
a. Require a development permit;
b. Provide compliance with the Alberta Building Code and Safety Code;
c. Have exterior aesthetics that complement the residential character within the surrounding area;
d. Conform to required setbacks; and
e. Be in accordance with height regulations.
9.16.2
Within the Residential (R) District shipping containers may be used as an accessory building to the principal
building and shall:
a. Be considered as a GARDEN SUITE;
b. Require a Development Permit;
c. Provide compliance with the Alberta Building Code and Safety Code;
d. Have exterior aesthetics that complement the principal building;
e. Conform to required setbacks; and
f.
Be in accordance with height regulations.
Section 9 | Specific Development Regulations
Land Use Bylaw
53
9.17
Shipping Containers - Storage Use
All Districts
9.17.1
In all land use districts a shipping container shall:
a. Be considered an accessory building to the principal building;
b. Be used for storage purposes excluding any dangerous or hazardous materials;
c. Be restricted within any front yard;
d. Be positioned within a side or rear yard of a primary building; and
e. Conform to required setbacks of the applicable land use district.
Residential Districts
9.17.2
Within the Residential (R) District, Manufactured Home Subdivision (MHS) District, and Manufactured Home
Park (MHP) District shipping containers shall:
a. Require a development permit;
b. Have an exterior finish that matches or complements the exterior finish of the principal building;
c. Be visually screened from public roads and neighbouring properties to the satisfaction of the
Development Authority; and
d. Not exceed the maximum number of one (1) shipping container per lot.
Industrial and Urban Reserve Districts
9.17.3
Within the Industrial (M) District and Urban Reserve (UR) District all shipping containers shall:
a. Be visually screened from public roads and neighbouring properties to the satisfaction of the development
authority;
b. Not be restricted to any maximum number; and
c. Have a maximum height, if multiple shipping containers are stacked or one standalone shipping
container, in accordance with height regulations of the applicable land use district.
Commercial Districts
9.17.4
Within the Commercial (C) District, excluding properties mentioned in 1.1.1, and the Highway Commercial
(HC) District, all shipping containers shall:
a. Require a development permit;
b. Have an exterior finish that matches or complements the exterior finish of the principal building;
c. Be visually screened from public roads and neighbouring properties to the satisfaction of the
Development Authority; and
d. Not exceed the maximum number of one (1) shipping container per lot.
9.18
Signs
9.18.1
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 a development permit has been issued
for the sign or structure.
Section 9 | Specific Development Regulations
54
Village of Myrnam
9.18.2
No signs or advertising structures shall be erected on or affixed to private property without the prior consent
of the property owner or tenant.
9.18.3
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.
9.18.4
Notwithstanding the generality of subsection 9.18.1, nor the provisions of subsections 9.18.2 and 9.18.3,
the following signs may be erected on land or affixed to the exterior surface of a building or structure without
application for a development permit provided that no such signs shall be illuminated and provided further
that any necessary permits have been obtained in accordance with the Highway Development Control
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 a hotel, motel, club or similar institution,
provided that such signs shall not exceed 1.2m2 (12.9ft2) and be limited to one sign per parcel of land;
b. Temporary advertisement relating to the sale or leasing of land, the sale of goods or livestock, the carrying
out of construction or similar work, announcement of any local event of a religious, educational, cultural,
political, or similar character provided that such advertisement shall not exceed 2.0m2 (21.5 ft2), and
provided further 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; and
c. Advertisements or signs in relation to the function of local public authorities, utility boards or other public
or quasi-public bodies.
9.18.5
No sign or advertisement shall resemble or conflict with a traffic sign, nor shall it be a traffic hazard.
9.18.6
All advertisements shall be kept in a safe, clean and tidy condition, and may by decision of the Development
Authority be required to be renovated or removed.
9.18.7
No signs or advertising structures other than those specified under subsection 9.18.4 shall be permitted in
the Residential (R) District, Manufactured Home Subdivision (MHS) District, and Manufactured Home Park
(MHP) District.
9.19
Solar Energy Collector System
9.19.1
A solar energy collector system:
a. May be located on a wall or roof of a building in any land use district; and
b. Shall only be located on a pole within the Urban Reserve (UR) District.
Roof Mounted
9.19.2
A solar energy collector system that is mounted on a roof with a pitch of less than 4:12 may project a
maximum of 2.1m (7.0ft) from the surface of the roof.
9.19.3
A solar energy collector system mounted on a roof with a pitch of 4:12 or greater:
a. May project a maximum of 1.2m (4.0ft) from the surface of the roof; and
b. Shall not extend beyond the outermost edge of the roof.
Section 9 | Specific Development Regulations
Land Use Bylaw
55
Wall Mounted
9.19.4
A solar energy collector system that is mounted on a wall:
a. Shall be positioned a minimum of 2.4m (8.0ft) above grade; and
b. May project a maximum of 0.6m (2ft) from the surface of the wall.
9.20
Wind Energy Conversion System Micro
9.20.1
A Wind Energy Conversion System Micro shall:
a. Be mounted on a roof of a primary or accessory building;
b. Have a maximum height that exceeds the maximum building height of the applicable land use district by
no more than 2.0m;
c. Not exceed a quantity of more than one (1) Wind Energy Conversion System Micro system per lot; and
d. Not generate noise in excess of 60 dB(A) or 5 dB(A) above the average background noise on site,
whichever is greater.
9.20.2
A Wind Energy Conversion System Micro shall require a development permit.
9.20.3
A development permit application for a Wind Energy Conversion System Micro, in addition to development
permit application requirements within Section 3.4, shall include:
a. Manufacturer specifications detailing the rated energy output in kilowatts, Canadian Standards
Association approval, generated sound characteristics, and safety features; and
b. Details relating to the location and design of the Wind Energy Conversion System Micro anchor and/or
foundation that will be attached to either the primary building or accessory structure.
9.20.4
Upon receiving a development permit application for a Wind Energy Conversion System Micro, the
Development Authority shall forward the application to the following authorities for input in order to inform a
decision on the application:
a. Alberta Energy and Utilities Board;
b. Transport Canada; and
c. Navigation Canada.
9.21
Wireless Communications Facility
Location
9.21.1
Wireless communication facilities should be encouraged to locate within the Urban Reserve (UR) District.
9.21.2
Where possible, visually unobtrusive antennas are encouraged to co-locate with existing infrastructure such
as but not limited to signs located on private property and water towers.
9.21.3
New wireless communications facilities should be built to a standard to accommodate multiple devices. If
such co-location of facilities is not feasible, the clustering of such facilities shall be encouraged.
9.21.4
Wireless communication facilities and/or their access roads should avoid locating within environmentally
sensitive areas such as but not limited to steep slopes and those areas adjacent to watercourses or water
bodies. Facilities that are proposed to be located within such areas will be requested to provide an
environmental assessment and/or a geo-technical report to the Village.
Section 9 | Specific Development Regulations
56
Village of Myrnam
Design
9.21.5
The visibility of all wireless communications facilities and their associated appurtenances should be
minimized through the use of design, colour, and architectural style.
9.21.6
Guyed facilities are encouraged to have daytime visual markers to prevent interference with bird migration.
9.21.7
In those instances where Transport Canada requires that a wireless communication facility be lit, the
following measures are encouraged:
a. The light source should not spill-over onto adjacent properties;
b. The lighting should be a minimum number of low intensity white lights; and
c. The strobe interval should be the maximum allowable by Transport Canada.
Setback
9.21.8
Wireless communication facility sites should be established with regard to Alberta Transportation and the
Village of Myrnam setbacks from highways and roads.
Signage
9.21.9
Signage for wireless communications facilities should only:
a. Identify the facility;
b. Identify the owner and give their contact information; or
c. Warn of any safety issues.
Management
9.21.10 Wireless communications facilities should be removed within six (6) months of cessation of use.
9.21.11 All carriers interested in locating a wireless communications facility within the Village should first contact all
other carriers providing similar services and pursue co-location before meeting with the Development Officer.
These responses should be provided to the Development Officer in writing prior to meeting with him or her.
9.21.12 The Village shall request public consultation for proposed wireless communications facilities greater than
10.0m in height for landowners within a radius of six (6) times the tower height. The carrier will be required to
pay the costs associated with the public consultation.
9.21.13 A letter of support will be sent by the Village to Industry Canada if:
a. Any technical assessment that was requested by the Village has been completed to the satisfaction of
Council; and
b. A public consultation was either not necessary or, if public consultation was deemed necessary, it was
completed and the results of the consultation provided to Council for final decision. The results of this
decision will be forwarded by the Development Officer to Industry Canada.
Section 10 | Land Use Districts
Land Use Bylaw
57
10 Land Use Districts
Land Use District regulations shall be as set forth in the following districts within Table 4:
Table 4. Land Use Districts
Section
Land Use District
Page
10.1
R
Residential (R) District
58
10.2
MHS
Manufactured Home Subdivision (MHS) District
62
10.3
MHP
Manufactured Home Park (MHP) District
65
10.4
C
Commercial (C) District
70
10.5
HC
Highway Commercial (HC) District
72
10.6
M
Industrial (M) District
74
10.7
I
Institutional (I) District
76
10.8
P
Parks (P) District
77
10.9
UR
Urban Reserve (UR) District
78
10 Land Use Districts
Section 10 | Land Use Districts
58
Village of Myrnam
Summary of Permitted (P) and Discretionary (D) Uses
LAND USE DISTRICTS
R
MHS
MHP
C
HC
M
I
P
UR
AGRICULTURE EXTENSIVE
P
AGRICULTURE INTENSIVE
D
AUTOMOTIVE AND EQUIPMENT
REPAIR AND SERVICE
P
P
AUTOMOTIVE AND EQUIPMENT
SALES AND RENTAL
P
BAR / NEIGHBOURHOOD PUB
D
BULK FUEL STATION
P
D
CAMPGROUND
D
D
DRIVE-THROUGH BUSINESS
P
DWELLING APARTMENT
D
DWELLING UNIT
D
DWELLING, DUPLEXES
D
DWELLING, SINGLE DETACHED
P
P
DWELLING, TOWNHOUSE
D
GARDEN SUITE
D
HOME BASED BUSINESS MAJOR
P
HOME BASED BUSINESS
MEDIUM
P
P
P
P
HOME BASED BUSINESS MINOR
P
P
P
P
HOTEL
P
P
INDUSTRIAL USE, GENERAL
P
INSTITUTIONAL USE
D
D
D
P
D
D
KENNEL
D
P
MANUFACTURED HOME
D
P
P
P
Section 10 | Land Use Districts
Land Use Bylaw
59
LAND USE DISTRICTS
R
MHS
MHP
C
HC
M
I
P
UR
MEDICAL MARIJUANA FACILITY
D
MOTEL
P
NATURAL RESOURCE
EXTRACTION
D
NATURAL RESOURCE
PROCESSING
D
PERSONAL SERVICE SHOP
P
PLACE OF WORSHIP
D
P
PRIVATE CLUB
D
PROFESSIONAL, FINANCIAL,
OFFICE, HEALTH AND BUSINESS
SUPPORT SERVICE
P
PUBLIC PARK
P
PUBLIC UTILITY
P
P
P
P
P
P
P
P
P
RECREATIONAL USE
P
P
RESTAURANT
P
P
RETAIL
P
D
SECONDARY SUITE
D
SOLAR ENERGY COLLECTOR
SYSTEM
P
P
P
P
P
P
P
P
P
WIND ENERGY CONVERSION
SYSTEM MICRO
D
D
D
D
D
D
D
D
D
WIRELESS COMMUNICATIONS
FACILITY
D
Section 10 | Land Use Districts
60
Village of Myrnam
10.1
Residential (R) District
Purpose
10.1.1
The general purpose of the Residential (R)
District is to permit development of a residential
character and associated uses.
Permitted and Discretionary Land Use Classes
10.1.2
Land use classes within the following table shall be permitted or discretionary within the Residential (R)
District.
Permitted
Discretionary
DWELLING, SINGLE DETACHED
DWELLING, APARTMENT
HOME BASED BUSINESS MEDIUM
DWELLING, DUPLEXES
HOME BASED BUSINESS MINOR
DWELLING, TOWNHOUSE
PUBLIC UTILITY
GARDEN SUITE
SOLAR ENERGY COLLECTOR SYSTEM
INSTITUTIONAL USE
MANUFACTURED HOME
PARK
PLACE OF WORSHIP
SECONDARY SUITE
WIND ENERGY CONVERSION SYSTEM MICRO
Section 10 | Land Use Districts
Land Use Bylaw
61
Regulations
10.1.3
In addition to the regulations contained in Sections 8 and 9, the following standards shall apply to all
development in the Residential (R) District.
Regulation
Standard
Max. Dwelling Density
Max. Lot Coverage
30%
Min. Lot Area
Dwelling, Single Detached
5,500.0ft2
Duplex
7000.0ft2
Apartment
8000.0ft2
Min. Lot Dimensions (Configuration must meet or exceed minimum Lot Area)
Width
15.24m (50.0ft)
Depth
22.86m (75.0ft)
Min. Gross Floor Area
Dwelling, Single Detached
600.0ft2
Duplex
1000.0ft2
Apartment
N/A
Min. Setback
Yard - Front
6.1m (20.0ft)
Yard - Side
.91m (3.0ft)
Yard - Rear
6.1m (20.0ft)
Max. Building Height
10.06m (33.0ft)
Additional Regulations
10.1.4
Parking shall be a minimum of two (2) stalls per suite on site for apartments.
Section 10 | Land Use Districts
62
Village of Myrnam
10.2
Manufactured Home Subdivision
(MHS) District
Purpose
10.2.1
The general purpose of the Manufactured Home
Subdivision
(MHS)
District
is
to
enable
development of parcels for manufactured homes
on individual lots.
Permitted and Discretionary Land Use Classes
10.2.2
Land use classes within the following table shall be permitted or discretionary within the Manufactured Home
Subdivision (MHS) District.
Permitted
Discretionary
HOME BASED BUSINESS MEDIUM
WIND ENERGY CONVERSION SYSTEM MICRO
HOME BASED BUSINESS MINOR
MANUFACTURED HOME
PUBLIC UTILITY
SOLAR ENERGY COLLECTOR SYSTEM
Section 10 | Land Use Districts
Land Use Bylaw
63
Regulations
10.2.3
In addition to the regulations contained in Sections 8 and 9, the following standards shall apply to all
development in the Manufactured Home Subdivision (MHS) District.
Regulation
Standard
Max. Dwelling Density
One (1) manufactured home per lot
Max. Lot Coverage
42.5%
Min. Lot Area
5,500.0ft2
Min. Lot Dimensions
Width
18.3m (60.0ft)
Depth
30.48m (100.0ft)
Min. Gross Floor Area
700.0ft2
Min. Setback
Yard - Front
6.1m (20.0ft)
Yard - Side
3.0m (9.8ft)
Yard - Rear
4.6m (15.0ft)
Additional Regulations
10.2.4
Manufactured homes are to be placed on foundations or pads approved by the Development Officer. Wheels
and hitches shall be removed unless otherwise approved by the Development Officer.
10.2.5
Manufactured homes shall be skirted to the ground level with material approved by the Development Officer.
Development Permit Application
10.2.6
A development permit application for a manufactured home shall contain, in addition to Section 3.4:
a. Recent colour photos of all exterior sides of the manufactured home; and
b. Proof of associated Canadian Standards Association (CSA) and Alberta Municipal Affairs (AMA) labels.
Development Permit Approval
10.2.7
A development permit approval for a manufactured home shall be issued if the manufactured home:
a. Contains a Canadian Standards Association (CSA) CSA Z240 MH label with a manufacturing date greater
than 1991;
b. Contains an Alberta Municipal Affairs (AMA) label; and
Section 10 | Land Use Districts
64
Village of Myrnam
c. Has a minimum width of 5.0m (16.4ft).
Section 10 | Land Use Districts
Land Use Bylaw
65
10.3
Manufactured Home Park (MHP) District
Purpose
10.3.1
The purpose of the Manufactured Home Park
(MHP) District is to provide for the development
of a manufactured home park where a parcel of
land under a single title has been divided into
rentable manufactured home spaces. Ownership
and responsibility for the maintenance of internal
roads, underground services, communal areas
and buildings, snow clearance and garbage
collection,
together
with
general
park
management, rests with the management.
Permitted and Discretionary Land Use Classes
10.3.2
Land use classes within the following table shall be permitted or discretionary within the Manufactured Home
Park (MHP) District.
Permitted
Discretionary
HOME BASED BUSINESS MEDIUM
WIND ENERGY CONVERSION SYSTEM MICRO
HOME BASED BUSINESS MINOR
MANUFACTURED HOME
PUBLIC UTILITY
SOLAR ENERGY COLLECTOR SYSTEM
Section 10 | Land Use Districts
66
Village of Myrnam
Regulations
10.3.3
In addition to the regulations contained in Sections 8 and 9, the following standards shall apply to all
development in the Manufactured Home Park (MHP) District.
Regulation
Standard
Max. Density
20 manufactured homes per ha (8.1 per ac)
Max. Lot Coverage
42.5%
Lot Area
Min.
0.8ha (2.0ac)
Max.
4.0ha (10.0ac)
Min. Lot Dimensions
Width
18.3m (60.0ft)
Depth
30.48m (100.0ft)
Min. Gross Floor Area
700.0ft2
Min. Setback
Yard - Front
6.1m (20.0ft)
Yard - Side
3.0m (9.8ft)
Yard - Rear
4.6m (15.0ft)
Min. Manufactured Home Space Setback
Yard - Front
6.1m (20.0ft)
Yard - Side
3.0m (9.8ft)
Yard - Rear
4.6m (15.0ft)
Min. Manufactured Home Space Dimensions
Width
18.3m (60.0ft)
Depth
30.0m (98.4ft)
Max. Manufactured Home Space Coverage
42.5%
Section 10 | Land Use Districts
Land Use Bylaw
67
Regulation
Standard
Max Building Height
6.0m or one (1) storey
Additional Regulations
10.3.4
Manufactured homes are to be placed on foundations or pads approved by the Development Officer. Wheels
and hitches shall be removed unless otherwise approved by the Development Officer.
10.3.5
Manufactured homes shall be skirted to the ground level with material approved by the Development Officer.
10.3.6
Any porch or addition to the manufactured home is regarded as part of the manufactured home for the
purpose of determining manufactured home space setbacks.
10.3.7
No part of a manufactured home park shall be used for non-residential purposes except for home based
businesses, where a development permit has been issued, and such other uses as are required for the direct
serving and well-being of the park residents and for the management and maintenance of the manufactured
home park.
10.3.8
The owner, or person in charge of the manufactured home park, shall at all times maintain the park and the
common buildings, structures, and improvements thereon in a clean, neat, tidy, and attractive condition and
free from all rubbish and debris.
Parking
10.3.9
Two (2) off-street parking stalls shall be provided for each manufactured home space.
10.3.10 Parking shall be restricted within any front yard except within driveways on either side of a manufactured
home.
10.3.11 Visitor parking area(s) shall be conveniently located, signed, hard-surfaced and provided at a ratio of one (1)
space for every four (4) manufactured home space.
Internal Roads
10.3.12 Interior roads shall be hard surfaced, well drained, maintained to the satisfaction of the Development
Authority and designed to satisfy the Village of Myrnam Municipal Standards.
Fencing
10.3.13 Screen fences or walls shall be erected where determined necessary by the Development Authority around
storage and laundry yards, refuse collection points, and playgrounds.
Landscaping
10.3.14 All areas of a Manufactured Home Park not occupied by manufactured homes, internal roads, pedestrian
walkway system, driveways, permanent buildings and any other developed facilities, shall be fully landscaped
to the satisfaction of the Development Authority.
10.3.15 Amenities A minimum of 10% of the manufactured home park gross area shall be provided for the
recreational use of the manufactured home park occupants. The recreational area shall be:
Section 10 | Land Use Districts
68
Village of Myrnam
a. Located conveniently to all manufactured home park residents;
b. Free from traffic hazards;
c. Be clearly marked and landscaped;
d. Screened or fenced;
e. Not included in required setbacks; and
f.
The amount of recreation space may be reduced at the discretion of the Development Authority if, in its
opinion, adequate recreation space exists in the area in which the manufactured home park is located.
Site Design
10.3.16 The design of a Manufactured Home Park shall be to the satisfaction of the Development Authority.
10.3.17 Only one (1) manufactured home may be located on a manufactured home space.
10.3.18 Each manufactured home space shall be clearly marked on the ground by permanent stakes, markers, or
other means and shall be clearly defined with a space number or by other address system.
10.3.19 Manufactured homes and all community facilities in a manufactured home park shall be connected by a safe,
convenient, concrete pedestrian sidewalk of at least 1.2m (3.9ft) in width.
10.3.20 Manufactured home park facilities shall be encouraged to be arranged in a cluster-style development pattern
in order to facilitate the provision of increased open space and reduce the amount of infrastructure needed
to service the manufactured home park.
10.3.21 Manufactured home parks shall have at least two legal road accesses.
Lighting
10.3.22 Street lighting in a manufactured home park shall be to the same standards as that in a conventional
residential neighbourhood.
Utilities
10.3.23 All municipal utilities shall be provided underground to dwellings in a manufactured home park.
Signs
10.3.24 Only one main, free standing identification sign shall be erected at the entrance to a manufactured home
park unless the Development Authority is of the opinion that a further and similar sign may be allowed under
exceptional circumstances of the layout, location and size of the park related to surrounding areas. The sign
or signs shall be of a size, type and construction of residential character and appearance, and acceptable to
the Development Authority.
10.3.25 Directional signs within the manufactured home park shall be integrated in design and appearance, be kept
in scale with the immediate surroundings and constructed of durable material.
Development Permit Application
10.3.26 A development permit application for a manufactured home shall contain, in addition to Section 3.4:
a. Recent colour photos of all exterior sides of the manufactured home; and
b. Proof of associated Canadian Standards Association (CSA) and Alberta Municipal Affairs (AMA) labels.
Section 10 | Land Use Districts
Land Use Bylaw
69
Development Permit Approval
10.3.27 A development permit approval for a manufactured home shall be issued if the manufactured home:
a. Contains a Canadian Standards Association (CSA) CSA Z240 MH label with a manufacturing date greater
than 1991;
b. Contains an Alberta Municipal Affairs (AMA) label; and
c. Has a minimum width of 5.0m (16.4ft).
Section 10 | Land Use Districts
70
Village of Myrnam
10.4
Commercial (C) District
Purpose
10.4.1
The general purpose of this district is to enable
development of a retail or personal service
nature. Uses which generate excessive noise,
dust or are noxious shall not locate in this district.
Permitted and Discretionary Land Use Classes
10.4.2
Land use classes within the following table shall be permitted or discretionary within the Commercial (C)
District.
Permitted
Discretionary Uses
HOTEL
BAR / NEIGHBOURHOOD PUB
PERSONAL SERVICE SHOP
DWELLING UNIT
PROFESSIONAL, FINANCIAL, OFFICE, HEALTH AND
BUSINESS SUPPORT SERVICE
INSTITUTIONAL USE
PUBLIC UTILITY
PRIVATE CLUB
RESTAURANT
SERVICE STATION
RETAIL
WIND ENERGY CONVERSION SYSTEM MICRO
SOLAR ENERGY COLLECTOR SYSTEM
Section 10 | Land Use Districts
Land Use Bylaw
71
Regulations
10.4.3
In addition to the regulations contained in Sections 8 and 9, the following standards shall apply to all
development in the Commercial (C) District. Parcel size, floor area, site coverage, setbacks and parking shall
be at the discretion of the Development Officer.
Regulation
Standard
Max. Lot Coverage
100%
Min. Lot Dimensions
Width
10.0m (32.8ft)
Depth
30.0m (98.4ft)
Setback
Yard - Front
Max. 3.0m (9.8ft)
Retail stores built adjacent to existing similar uses may
be built without a front yard where there is lane access.
Yard - Side
If a site is abutting a residential land use district: Min.
1.5m (5.0ft)
Where there is no lane access: Min. 4.5 m (14.8 ft.)
All other uses: None required
Yard - Rear
Min. 3.1m (10.0ft)
Section 10 | Land Use Districts
72
Village of Myrnam
10.5
Highway Commercial (HC) District
Purpose
10.5.1
The purpose of the Highway Commercial (HC)
District is to provide for various service
commercial uses along major roads that connect
to the Highway 45 corridor.
Permitted and Discretionary Land Use Classes
10.5.2
Land use classes within the following table shall be permitted or discretionary within the Highway Commercial
(HC) District.
Permitted
Discretionary Uses
AUTOMOTIVE AND EQUIPMENT REPAIR AND SERVICE
RETAIL
AUTOMOTIVE AND EQUIPMENT SALES AND RENTAL
WIND ENERGY CONVERSION SYSTEM MICRO
BULK FUEL STATION
DRIVE-THROUGH BUSINESS
HOTEL
MOTEL
PUBLIC UTILITY
RESTAURANT
SERVICE STATION
SOLAR ENERGY COLLECTOR SYSTEM
Section 10 | Land Use Districts
Land Use Bylaw
73
Regulations
10.5.3
In addition to the regulations contained in Sections 8 and 9, the following standards shall apply to all
development in the Highway Commercial (HC) District. Parcel size, floor area, site coverage, setbacks and
parking shall be at the discretion of the Development Officer.
Regulation
Standard
Max. Lot Coverage
50%
Min. Lot Area
464.5m2 (5,000.0ft2)
Min. Gross Floor Area
26.0m2 (280.0ft2)
Min. Setback
Yard - Front
7.5m (24.6ft)
Yard - Side
7.5m (24.6ft)
Yard - Rear
4.5m (14.8ft)
Max. Building Height
16.0m (52.5ft) or 4 storeys
Section 10 | Land Use Districts
74
Village of Myrnam
10.6
Industrial (M) District
Purpose
10.6.1
The general purpose of the Industrial (M) District
is to enable development of uses of a storage,
industrial service or manufacturing nature.
Permitted and Discretionary Land Use Classes
10.6.2
Land use classes within the following table shall be permitted or discretionary within the Industrial (M)
District.
Permitted
Discretionary
AUTOMOTIVE AND EQUIPMENT REPAIR AND SERVICE
AUTOMOTIVE REPAIR, SERVICE, RENTAL AND SALES
INDUSTRIAL USE, GENERAL
BULK FUEL STATION
PUBLIC UTILITY
KENNEL
SOLAR ENERGY COLLECTOR SYSTEM
INSTITUTIONAL USE
MEDICAL MARIJUANA FACILITY
PUBLIC UTILITY (CREATE USE CLASS)
SERVICE STATION
WIND ENERGY CONVERSION SYSTEM MICRO
Section 10 | Land Use Districts
Land Use Bylaw
75
Regulations
10.6.3
In addition to the regulations contained in Sections 8 and 9, the following standards shall apply to all
development in the Industrial (M) District.
Regulation
Standard
Max. Lot Coverage
60%
Min. Lot Area
1860.0m² (20,020.9ft2)
Min. Lot Dimensions
Width
30.0m (98.4ft)
Min. Setback
Yard - Front
7.5m (24.6ft)
Yard - Side
7.5m (24.6ft)
Yard - Rear
7.5m (24.6ft)
Max. Building Height
The maximum height of a building shall be determined by
the Development Authority.
Additional Regulations
10.6.4
Uses which generate excessive noise, dust, and odour or are otherwise obnoxious may be refused by the
Development Officer.
Section 10 | Land Use Districts
76
Village of Myrnam
10.7
Institutional (I) District
Purpose
10.7.1
The general purpose of this district is to provide
for uses which are publicly owned or owned by
organizations which serve a general community
purpose.
Permitted and Discretionary Land Use Classes
10.7.2
Land use classes within the following table shall be permitted or discretionary within the Institutional (I)
District.
Permitted
Discretionary
INSTITUTIONAL USE
WIND ENERGY CONVERSION SYSTEM MICRO
PLACE OF WORSHIP
PUBLIC UTILITY
RECREATIONAL USE
SOLAR ENERGY COLLECTOR SYSTEM
Regulations
10.7.3
Parcel size, floor area, site coverage, setbacks and parking shall be at the discretion of the Development
Officer.
Section 10 | Land Use Districts
Land Use Bylaw
77
10.8
Parks (P) District
Purpose
10.8.1
The general purpose of this district is to provide
for public recreational uses.
Permitted and Discretionary Land Use Classes
10.8.2
Land use classes within the following table shall be permitted or discretionary within the Parks (P) District.
Permitted
Discretionary
PUBLIC PARK
CAMPGROUND
PUBLIC UTILITY
INSTITUTIONAL USE
RECREATIONAL USE
WIND ENERGY CONVERSION SYSTEM MICRO
SOLAR ENERGY COLLECTOR SYSTEM
Regulations
10.8.3
Parcel size, floor area, site coverage, setbacks and parking shall be at the discretion of the Development
Officer.
Section 10 | Land Use Districts
78
Village of Myrnam
10.9
Urban Reserve (UR) District
Purpose
10.9.1
The general purpose of this district is to reserve
those lands in the village which by virtue of their
relationship to existing development, roads and
utilities, may be suitable for urban development
at some time in the future.
Permitted and Discretionary Land Use Classes
10.9.2
Land use classes within the following table shall be permitted or discretionary within the Urban Reserve (UR)
District.
Permitted
Discretionary
AGRICULTURE EXTENSIVE
AGRICULTURE INTENSIVE
DWELLING, SINGLE DETACHED
INSTITUTIONAL USE
HOME BASED BUSINESS MAJOR
NATURAL RESOURCE EXTRACTION
HOME BASED BUSINESS MEDIUM
NATURAL RESOURCE PROCESSING
HOME BASED BUSINESS MINOR
WIND ENERGY CONVERSION SYSTEM MICRO
KENNEL
WIRELESS COMMUNICATIONS FACILITY
MANUFACTURED HOME
PUBLIC UTILITY
SOLAR ENERGY COLLECTOR SYSTEM
Regulations
10.9.3
Parcel size, floor area, site coverage, setbacks and parking shall be at the discretion of the Development
Officer.
Section 11 | Definitions
Land Use Bylaw
79
11 Definitions
In this Bylaw
A
Act means the Municipal Government Act and subsequent amendments thereto;
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 is located on the same parcel of land;
Accessory Use means a use customarily incidental and subordinate to the main use or building and is located on the
same parcel of land with such main use or building;
Agriculture Extensive means the use of land or buildings for the production of crops or livestock which require larger
tracts of land. Extensive agriculture does not include confined feeding operations;
Agriculture Intensive means a commercial agricultural operation other than confined feeding operations which, due to
the nature of the operation, may be able to use smaller tracts of land. Without restricting the generality of the foregoing,
this shall include nurseries, greenhouses, sod farms, market gardens, and beekeeping;
Automotive and Equipment Repair and Service means land, buildings and structures used for the mechanical repair
and servicing of vehicles, equipment, motorcycles, and recreation vehicles or craft and may include the accessory sale,
installation or servicing of related parts and accessories.
Automotive and Equipment Sales and Rental means a development used for the retail sale or rental of new or used
automobiles, equipment and motorcycles, together with incidental maintenance services and sale of parts.
11 Definitions
Section 11 | Definitions
80
Village of Myrnam
B
Bar / Neighbourhood Pub means development where the primary purpose of the facility is the sale of alcoholic
beverages to the public, for consumption within the premises or off the site. This use typically has a limited menu and
minors are prohibited from patronizing the establishment during at least some portion of the hours of operation. Typical
uses include neighbourhood pubs, bars, beverage rooms, and cocktail lounges.
Building includes anything constructed or placed on, in, over or under land but does not include a highway or public
roadway or a bridge forming part of a highway or public roadway;
Bulk Fuel Station means lands, buildings, and structures for the bulk storage and distribution of petroleum products
and may include key lock retail sales. This does not include a service station, minor or a service station, major.
C
Campground means a development for short term recreational use with sites designated for lodgings in tents,
recreational vehicles, or other similar accommodations. A campground shall accommodate no more than twenty (20)
sites, and be in operation no more than six (6) months per year.
Council means the Council of the Village of Myrnam;
D
Development means:
1. An excavation or stockpile and the creation of either of them; or
2. A building or an addition to, or replacement or repair of a building and the construction or placing in, on, over or
under land of any of them; or
3. 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
4. A change in the intensity of use of land or a building or an act done in relation to land or a building that results in or
is likely to result in a change in the intensity of use of the land or building;
Development Appeal Board means a development appeal board appointed pursuant to the Act;
Development Officer (DO) means a person appointed as a development officer pursuant to a resolution of Council;
Development Permit means a document authorizing a development issued pursuant to a land use bylaw or the land
use regulations;
Discretionary Use means the use of land or a building provided for in a land use bylaw for which a development permit
may be issued upon an application having been made;
Drive-through Business means a development which serves customers traveling in motor vehicles driven onto the site
where such business is carried on, where normally the customer either remains in the vehicle for service, or parks the
vehicle for a short period for the purpose of doing business at the premises. Drive-through businesses include, but are
not limited to service stations, drive-in restaurants, and drive-through vehicle service establishments such as
lubrication shops, recycling depots, and car washes.
Section 11 | Definitions
Land Use Bylaw
81
Dwelling means any building or structure used exclusively for human habitation and which is supported on a permanent
foundation or base extending below ground level and includes multiple dwellings, apartments, lodging and boarding
houses, but does not include manufactured homes of any kind whether standing on wheels or supported by blocks,
jacks, or any other temporary foundation;
Dwelling, Apartment means a residential building consisting of at least 3 dwelling units;
Dwelling, Duplex means two dwelling units sharing a common wall, and located side by side or one above the other;
Dwelling, Single Detached means a building containing a single dwelling unit as the main use of the building. A single-
family dwelling may be site-built or modular.
Dwelling, Townhouse means a group of three or more dwelling units having a common wall or structural feature, but in
no case being located above or below each other.
Dwelling Unit means a residential unit containing one (1) or more habitable rooms that provide living accommodations
and is intended as a permanent residence, as an accessory use, to a non-residential principal use;
F
Front Yard means a yard extending across the full width of a parcel from the front line of the parcel to the front wall of
the main building situated on the parcel;
G
Garden Suite means an accessory use on the same lot as a principal dwelling, which is either a suite above a detached
garage or an accessory building. A garden suite has a gross floor area less than the primary dwelling, and contains
cooking, food preparation, sleeping and sanitary facilities.
Gross Floor Area means the total area of all floors of all buildings including accessory buildings locate d on any parcel,
excluding the area of basement floors, EXCEPT THAT basement suites in apartment buildings shall be included in the
calculation of gross floor area;
H
Home Based Business, Major means any business, occupation, trade, profession, or craft that is carried on as a
secondary use within a dwelling or an accessory building by at least one permanent resident of said dwelling, and which
increases traffic circulation in the area in which it is located.
Home Based Business, Medium means any business, occupation, trade, profession, or craft that is carried on as a
secondary use within a dwelling by at least one permanent resident of said dwelling, does not employ more than two (2)
non-residents concurrently, and which does not increase traffic circulation in the area in which it is located.
Home Based Business, Minor means any business, occupation, trade, profession, or craft that is carried on as a
secondary use within a dwelling by at least one permanent resident of said dwelling, does not employ any non-
residents, and does not increase traffic circulation in the area in which it is located.
Hotel means a development used for the provision of rooms or suites for temporary accommodation where the rooms
obtain access from a common interior corridor but may have a meal service for guests. Hotels may include meeting
rooms and minor/major food and beverage establishments.
Section 11 | Definitions
82
Village of Myrnam
I
Industrial Use, General means the manufacturing, processing, assembling, cleaning, repairing, servicing, testing,
storage, warehousing, distribution or shipment of materials, finished goods, products or equipment. General industrial
use does not include uses listed under heavy industrial use.
Institutional Use means a development of a public character including governmental, religious, health, educational,
social, and cultural facilities having a close affinity with public services to a municipality, area, or region. This use
includes cemeteries and community halls. K
Kennel means a development in which domestic pets are maintained, boarded, trained, cared for, bred, or raised for
remuneration or for sale.
L
Lot means a:
1. Quarter section,
2. River lot shown on an Official Plan referred to in the Surveys Act that is filed or lodged in a land titles office,
3. Settlement lot shown on an Official Plan referred to in the Surveys Act that is filed or lodged in a land titles office,
4. Part of a parcel described in a certificate of title if the boundaries of the part are described in the certificate of title
other than by reference to a legal subdivision, or
5. Part of a parcel described in a certificate of title if the boundaries of the part are described in the certificate of title
by reference to a plan of subdivision;
M
Main Building means a building in which is conducted the main or principle use of the site on which it is erected;
Manufactured Home means a structure whether ordinarily equipped with wheels or not that is manufactured to be
moved from one point to another by being towed or carried and which provides year round living accommodation for
one or more persons and can be connected to utilities;
Manufactured Home Park means a parcel of land under a single title which has been or is intended to be divided into
rentable spaces for Manufactured Homes. Ownership and responsibility for the maintenance of internal roads,
underground services, communal areas and buildings, snow clearance and garbage collection, together with general
park management, rests with the management.
Medical Marijuana Facility means any building in which an activity authorized by the medical marijuana production
regulations (Marijuana for Medical Purposes Regulations SOR/2013-119), or any successor or replacement legislation
or regulation, is or may be conducted including such activities as growing, processing, labeling and packaging, storing,
and transporting of marijuana.
Modular means a single detached dwelling constructed in large sections, away from the home site, and under
controlled conditions. It does not refer to a type of dwelling but rather to a method of construction.
Section 11 | Definitions
Land Use Bylaw
83
Motel means a development used for the provision of rooms or suites for temporary accommodation where each room
or suite has its own exterior access, may be equipped with individual kitchen facilities, and may have a meal service for
guests. Motels may include food and beverage establishments.
Moved-In Building means any structure moved from one lot to another or from outside the Village to a lot inside the
Village but not including a manufactured home.
Municipality means the Village of Myrnam;
N
Natural Resource Extraction means the extraction of natural resources, including, but not limited to, minerals, sand,
gravel, coal, peat, limestone, gypsum, granite and salt found on or under the site, or accessible from the site.
Natural Resource Processing means the processing of natural resources, including, but not limited to, minerals, sand,
gravel, coal, peat, limestone, gypsum, granite and salt.
Non-Conforming Building means a building that:
1. That is lawfully constructed or lawfully under construction at the date a land use bylaw or any amendment thereof
affecting the building or land on which the building is situated becomes effective; and
2. That on the date the land use bylaw or any amendment thereof becomes effective does not, or when constructed
will not, comply with the land use bylaw;
Non-conforming Use means a lawful specific use:
1. being made of land or a building or intended to be made of a building lawfully under construction, at the date a
land use by- law or any amendment thereof affecting the land or building becomes effective, and
2. that on the date the land use bylaw or any amendment thereof becomes effective does not, or in the case of a
building under construction will not, comply with the land use bylaw;
P
Parcel means the aggregate of the one or more areas of land described in a certificate of title or described in a
certificate of title by reference to a plan filed or registered in a land titles office;
Public Park means land developed for public recreational activities that do not require major buildings or facilities. A
park may include but is not limited to picnic areas, day use areas, playgrounds, trails, landscaped areas and associated
public washrooms;
Permitted Use means the use of land or a building provided for in a land use bylaw for which a development permit
shall be issued upon an application having been made;
Personal Service Shop means a development used for the provision of personal services to an individual that are
related to the care and appearance of the body, or the cleaning and repair of personal effects, and may include such
uses as: barbershops, hairdressers, tattoo parlours, beauty salons, tanning salons, shoe repair shops, laundromats,
and dry cleaning outlets, but does not include health services, retail stores, service stations, or adult entertainment
facilities.
Section 11 | Definitions
84
Village of Myrnam
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, monasteries, mosques, synagogues,
and temples. Places of worship may also contain or involve accessory uses and facilities for eating and drinking and a
manse. From time to time part of a place of worship may be used as an entertainment establishment;
Private Club means an indoor development used for the meeting, social, or recreational activities of members of a
philanthropic, social service, non-profit, athletic, business or fraternal organization. Private clubs may include rooms for
eating and general assembly.
Professional, Financial, Office, Health and Business Support Service means a development primarily used for the
provision of professional, management, administrative, consulting, and financial services. Typical uses include the
following and similar uses as offices of lawyers, accountants, engineers, planners, and architects; offices for real estate
and insurance firms; clerical, secretarial, employment, telephone answering, and similar office support services; banks,
credit unions, loan offices and similar financial uses; printing establishments, film processing establishments, janitorial
firms, medical practitioners and business equipment repair shops.
Public Utility means a development or building, as defined in the Municipal Government Act, used to provide one or
more of the following for public consumption, benefit, convenience or use: water; wastewater or storm water; public
transportation; communication; drainage ditch; natural gas; electric power; or heat. It includes communications towers
and the buildings required to operate the public utility.
R
Rear Yard means a yard extending across the full width of a parcel from the rear wall of the main building situated on
the parcel to the rear line of the parcel;
Registered Owner means
1. 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
2. In the case of any other land:
a. The purchaser of the fee simple estate in the land under an agreement for sale that is the subject of a caveat
registered against the certificate of title in the land and any assignee of the purchaser's interest that is the
subject of a caveat registered against the certificate of title; or
b. In the absence of a person described in paragraph a, the person registered under the Land Titles Act as the
owner of the fee simple estate in the land;
Recreational Use means a recreational development conducted 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. This use includes ski slopes, golf courses, archery,
trap and rifle ranges, race tracks, boating, riding, swimming, picnicking, and similar uses, and may include a
refreshment stand or snack bar incidental to the primary use;
Retail means a development used for retail sale of consumer goods on a daily basis in an enclosed building including,
but not limited to, food stores, liquor stores, drug stores, video sales and rentals, and variety stores selling
confectionery, tobacco, groceries, beverages, pharmaceutical and personal care items, hardware or printed matter.
Section 11 | Definitions
Land Use Bylaw
85
Restaurant means a development where the primary purpose of the facility is the sale of prepared foods to the public,
for consumption within the premises or off the site. Minors are never prohibited from any portion of the establishment
at any time during the hours of operation. This use typically has a varied menu, with a fully equipped kitchen and
preparation area, and includes fast food and family restaurants.
S
Secondary Suite means a separate set of living quarters within a principal building, containing independent and
physically separate sleeping, sanitary and kitchen facilities.
Service Station means a development where gasoline, lubricating oils, and other automotive fluids and accessories for
motor vehicles are bought and sold. Service stations may also include a retail convenience store, vehicle washes,
facilities for the servicing or repairing of motor vehicles, and a towing service dispatch point, but not including body
repair or paint shops.
Side Yard means a yard extending from the front wall of the main building situated on a parcel to the rear wall of the
main building and lying between the side line of the parcel and the side wall of the main building;
Solar Energy Collector System means a structure and accessories designed to convert solar radiation into electrical or
thermal energy;
Structural Alteration means the addition to, deletion from, or change to any building which requires a permit other than
a plumbing permit, a gas permit, or an electrical permit pursuant to the Safety Codes Act.
T
V
Veterinary Clinic means a development where domestic pets or livestock are cared for and treated. Veterinary clinics
primarily involve out-patient care and minor medical procedures involving hospitalization for fewer than four (4) days.
W
Wind Energy Conversion System Micro means a small-scale wind turbine either rotating on a vertical or horizontal axis,
with an energy capacity of less than 0.5kW, which is installed on the roof of a building or structure.
Wireless Communications Facility means a development involving a structure and components needed to operate
wireless transmitters or receivers for television, radio, telephone and internet signals.
Y
Yard means a part of a parcel upon or over which no main building is erected;
and all other words and expressions have the meanings respectively assigned to them in the Act.
Appendix A
Map 1 | Land Use Districts
P
UR
UR
UR
UR
UR
R
R
R
R
I
I
I
I
I
I
I
I
I
I
C
C
M
M
HWY 45
RGE RD 91
50 AVE
47 AVE
50 ST
HWY 881
51 AVE
48 ST
49 ST
49 AVE
51 ST
47 ST
DRIVEWAY_2940
LEASE ROAD 10-10-54-9-4
45 ST
PRIVATE_302
DRIVEWAY_3880
49 ST
48 ST
HWY 881
Village of Myrnam
±
0
0.3
0.6
0.9
1.2
0.15
Km
Land Use Bylaw
Map 1 | Land Use Districts
Legend
Residential (R)
Manufactured Home Subdivision (MHS)
Manufactured Home Park (MHP)
Commercial (C)
Highway Commercial (HC)
Institutional (I)
Parks (P)
Industrial (M)
Urban Reserve (UR)
Village Boundary