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Land
Use
Bylaw
Bylaw No. 1389/24
April 2024
Consolidated to Bylaw 1396/24, September 2024
Land Use Bylaw 1389/24 was prepared written by ISL Engineering and Land Services Ltd. on
behalf of the Town of Nanton.
Land Use Bylaw 1389/24 is amended and maintained by the Oldman River Regional Services
Commission on behalf of the Town of Nanton.
Town of Nanton Land Use Bylaw No. 1389/24 Amendments - Page 1
Town of Nanton Land Use Bylaw No. 1389/24 - Amendments
Bylaw No.
Amendment Description
Legal Description
Passed
1396/24
"M-DWT Mixed-Use Downtown District" to
"M-TRN Mixed-Use Transition District"
"DC - Direct Control (DC-1) to "R-GEN
Residential, General District"
Amend Section 2, Part 2.4 regarding
Development on Non-Conforming Sized
Parcels.
3-Sept-2024
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Town of Nanton
Land Use Bylaw
Bylaw No. 1389/24
Table of Contents
Section 1 - Purpose
Jurisdiction .................................................................................................................................................... 1
Bylaw Authorities .......................................................................................................................................... 3
Bylaw Enforcement ....................................................................................................................................... 5
Bylaw Amendments ...................................................................................................................................... 7
Section 2 - Development Process
Requirements ................................................................................................................................................ 9
Receive and Review .................................................................................................................................... 13
Decisions ..................................................................................................................................................... 15
Conditions ................................................................................................................................................... 17
Appeals ....................................................................................................................................................... 19
Section 3 - General Regulations
Completion and Cancellation ...................................................................................................................... 19
Parcels & Setbacks ...................................................................................................................................... 22
Landscaping................................................................................................................................................. 27
Buildings and Structures ............................................................................................................................. 29
Parking and Loading .................................................................................................................................... 32
Signage ...................................................................................................................................................... 32
Section 4 - Specific Uses and Activities
Antenna Systems ........................................................................................................................................ 47
Bed And Breakfast ....................................................................................................................................... 48
Retail (Cannabis) ......................................................................................................................................... 48
Cannabis Production Facility ....................................................................................................................... 49
Car Wash ..................................................................................................................................................... 49
Surveillance Suites ...................................................................................................................................... 49
Demolition Or Removal Of Buildings Or Structures .................................................................................... 50
Drive-Through Business .............................................................................................................................. 50
Excavation, Stripping & Grading ................................................................................................................. 51
Gas Station .................................................................................................................................................. 51
Home-Based Business Type One (HBB1) .................................................................................................... 52
Home-Based Business Type Two (HBB2) .................................................................................................... 52
Live-Work Unit ............................................................................................................................................ 53
Moved-In Buildings ..................................................................................................................................... 53
Secondary Suite (External) .......................................................................................................................... 54
Secondary Suites (Internal) ......................................................................................................................... 54
Solar Collector (Roof/Wall) ......................................................................................................................... 55
Solar Collector (Freestanding) .................................................................................................................... 56
Small Wind Energy Systems ........................................................................................................................ 56
Shipping Containers .................................................................................................................................... 57
Temporary Development ............................................................................................................................ 58
Show Homes ............................................................................................................................................... 58
Alcohol Production ...................................................................................................................................... 59
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Town of Nanton
Land Use Bylaw
Bylaw No. 1389/24
Section 5 - Land Use Districts
DC Direct Control Districts .......................................................................................................................... 61
R-LRG Residential, Large Lot District ........................................................................................................... 62
R-GEN Residential, General District ............................................................................................................ 63
R-NAR Residential, Narrow Lot District ....................................................................................................... 64
M-TRN Mixed-Use Transition District ......................................................................................................... 65
M-DWT Mixed-Use Downtown District ...................................................................................................... 66
C-HWY Commercial, Highway District ........................................................................................................ 67
I-LHT Industrial, Light District ...................................................................................................................... 68
I-HVY Industrial, Heavy District ................................................................................................................... 69
S-COM Community Services District ........................................................................................................... 70
S-FUD Future Urban Development District ................................................................................................. 72
S-NOS Natural Open Space District ............................................................................................................. 73
Section 6 - Glossary
Schedule A - Land Use Map
Figures
Figure 1 - Corner Visibility Triangle ............................................................................................................ 23
Figure 2 - Fence Height Illustrations .......................................................................................................... 25
Figure 3 - Determining Building Height ...................................................................................................... 30
Figure 4 - Decks .......................................................................................................................................... 32
Figure 5 - Angle Parking Dimensions .......................................................................................................... 35
Figure 6 - Side-Parcel Driveways ................................................................................................................ 36
Tables
Table 1 - Specified Penalties......................................................................................................................... 6
Table 2 - Development Not Requiring a Development Permit .................................................................... 9
Table 3 - Public Notice Requirements ........................................................................................................ 14
Table 4 - Fence Height Maximums ............................................................................................................. 25
Table 5 - Parking Minimums ....................................................................................................................... 33
Table 6 - Parking Space Dimensions ........................................................................................................... 35
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Town of Nanton
Land Use Bylaw
Bylaw No. 1389/24
1
SECTION ONE
Purpose
This section introduces readers to the Land Use Bylaw, establishes jurisdiction, enforcement and amendment
regulations, and introduces the people and groups with the authority to exercise development powers in Nanton.
Jurisdiction
1.1
TITLE
This bylaw may be cited as the "Town of Nanton Land Use Bylaw No. 1389/24."
1.2
PURPOSE
The purpose of this Bylaw is to regulate, control or prohibit the use and development of land and buildings
within the Town of Nanton in accordance with the provisions of the Municipal Government Act (MGA),
and for that purpose, among other things to:
Divide the municipality into Land Use Districts,
Prescribe and regulate the use(s) of land and buildings within each District,
Establish the Development Authority,
Establish a method of making decisions on applications for Development Permits including the issuing of
Development Permits,
Prescribe the manner in which notice of the issuance of a Development Permit is to be given.
Establish a procedure for appeals against the decisions of the Development Authority, and
Implement the Town of Nanton Municipal Development Plan and other statutory plans of the
municipality, as may be developed.
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Land Use Bylaw
Bylaw No. 1389/24
1.3
CONSISTENCY
Development authorized under this Bylaw is subject to:
Federal and Provincial law (including but not limited to building code requirements),
Other bylaws, statutory plans, and inter-municipal agreements,
Any of the Town's Infrastructure Master Plans as they pertain to Transportation, Water Sanitary and/or
Stormwater Management, and
1.4
COMPLIANCE WITH OTHER LEGISLATION
Compliance with the requirements of this bylaw does not exempt any person from complying with all
applicable municipal, provincial or federal legislation, and respecting any easements, covenants, agreements
or other contracts affecting the land or the development.
1.5
EFFECTIVE DATE & TRANSITION
The Town of Nanton Land Use Bylaw No. 1389/24, is passed and comes into full force and effect when it
receives third reading and is signed pursuant to the MGA.
The existing Nanton Land Use Bylaw No. 1246/13, including all amendments, is hereby repealed.
All proposed amendments to this Bylaw or Development Permit applications received on or after the
effective date of this Bylaw shall be processed and considered upon the provisions outlined herein.
All applications received in a complete form prior to the effective date of this Bylaw shall be processed
based on Land Use Bylaw No. 1246/13 unless the Applicant requests that the application be processed
based on the regulations of this Bylaw.
1.6
FEES AND CHARGES
All fees and charges under and pursuant to this Bylaw, are established within the Fees and Rates Bylaw, as
amended.
1.7
INTERPRETATION
Unless otherwise required by the context, words used in the present tense include the future tense;
words used in the singular include the plural; and the word person includes a corporation as well as an
individual.
Compliance with the policies in this Bylaw shall be interpreted and applied as follows:
"shall" means mandatory compliance except where a Variance has been granted pursuant to the
MGA or the Bylaw.
"should" means compliance in principle but is subject to the discretion of the Development
Authority where compliance is impracticable or undesirable because of relevant planning principles
or circumstances unique to a specific application.
"may" means discretionary compliance or a choice in applying policy.
Where a regulation involves two (2) or more conditions or provisions connected by a conjunction:
"and" means all the connected items shall apply in combination.
"or" indicates that the connected items may apply singly or in combination.
"and/or" indicates the items shall apply singly or in combination, at the discretion of the
Development Authority.
In the case of any conflict between the text of the Bylaw and any maps or drawings used to illustrate
any aspect of the Bylaw, the text shall govern.
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Land Use Bylaw
Bylaw No. 1389/24
All references to engineering requirements shall be prepared by an engineer registered with The
Association of Professional Engineers and Geoscientists of Alberta (APEGA).
1.8
MEASURMENTS AND STANDARDS
All units of measure contained within this bylaw are Metric (SI) standards.
1.9
SEVERABILITY
If any provision of this bylaw is held to be invalid by a decision of a court of competent jurisdiction, that
decision will not affect the validity of the remaining portions.
1.10
LAND USE DISTRICT GROUPS
For the purposes of the Bylaw, Land Use Districts may be referred to collectively:
'Residential Districts', which include: R-GEN, R-LRG, R-NAR,
'Mixed-Use Districts', which include: M-DWT, M-TRN,
'Commercial Districts', which include: C-HWY,
'Industrial Districts', which include: I-HVY, I-LHT, and
'Special Districts', which include: S-COM, S-FUD, S-NOS.
More information on Districts can be found in Section 5 - Land Use Districts.
Bylaw Authorities
1.11
DEVELOPMENT AUTHORITY
The Development Authority is established herein pursuant to the MGA and is a person(s) who is
authorized to exercise development powers and duties on behalf of the Town.
The Development Authority shall include one or more of the following:
i.
A Development Officer, and/or
ii.
Municipal Planning Commission, and/or
iii. Chief Administrative Officer, and/or
iv. Council with respect to Direct Control Districts only.
The Development Authority shall perform such powers and duties as are specified:
i.
in the Town of Nanton Municipal Subdivision and Development Authority Bylaw,
ii.
in this Bylaw,
iii. in the MGA, and
iv. where applicable, by resolution of Council.
1.12
DUTIES OF THE DEVELOPMENT OFFICER
The Development Officer, as Development Authority, shall:
Receive and process all Development Permit applications and determine whether a Development
Permit application is complete,
Consider and make decisions on Development Permit applications for:
a.
Permitted Uses without variance that comply with this Bylaw,
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Land Use Bylaw
Bylaw No. 1389/24
b. Discretionary Uses without variance that otherwise comply with this Bylaw
c.
Variances on Permitted Uses of a measurable standard not to exceed twenty-five percent
(25%), excluding height, in accordance with Section 2.19,
d. Landscaping,
e. Fences, walls or other types of enclosures, and
f.
Demolition.
Refer the following applications to the MPC, with their recommendation:
a.
Direct Control District (for comment only),
b. Variances of a measurable standard exceeding twenty-five percent (25%), and any variances
pertaining to height, in accordance with Section 2.19,
c.
Variances on any Discretionary Use,
d. Applications for any signs that rotate, employ animation, or digital copy, and/or a Community
Identification Sign, and
e. Any other applications that a Development Officer considers advisable to refer to the MPC.
Keep, and maintain for the inspection of the public during office hours, a copy of this bylaw as
amended, and ensure that an online version is made available on the Town's website and hard
copies are available to the public for a fee,
Keep a register of all Development Permit applications, and the decisions rendered on them, for a
minimum of seven (7) years,
Provide a regular report to the MPC summarizing the applications made for a Development Permit
and the decision made on the applications, and any other information as the MPC considers
necessary,
Perform any other powers and duties as are specified in this bylaw, the Municipal Planning
Commission Bylaw, the MGA or by resolution of Council, and
Refer all development applications in a Direct Control District to Council for a decision, unless
Council has specifically delegated approval authority to the Development Officer or the Municipal
Planning Commission.
The Development Officer, as Development Authority, may:
Refer a Development Permit application, in whole or in part, to any outside agency or local
authority they deem necessary for comment,
Enter into a written Time Extension Agreement, in alignment with the Bylaw,
Allow a Variance, provided it complies with the requirements of the National Building Code -
Alberta Edition,
Refer the decision for a Development Permit to any other Development Authority in accordance
with subsection a),
Refuse a Development Permit application and provide the Applicant with written notice stating the
decision of refusal and the reasoning for it, or
Issue a Certificate of Compliance.
1.13
DUTIES OF THE MUNICIPAL PLANNING COMMISSION
The Municipal Planning Commission shall:
Perform such duties as specified in the MGA, the Municipal Planning Commission Bylaw, this Bylaw,
or by resolution of Council,
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Land Use Bylaw
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Make decisions on Development Permit applications for a Variance of greater than 25%, or for any
Variance for a Discretionary Use, in accordance with Section 2.19,
Consider and decide upon Development Permit applications referred to it by the Development Officer,
Comment on recommendations on planning and development matters referred to it by the
Development Officer or Council,
Consider and decide upon requests for time extensions on Development Permit applications
referred to it by the Development Officer, and
Consider and decide upon and application for a Condominium Certificate pursuant to The
Condominium Property Act.
1.14
DUTIES OF THE CHIEF ADMINISTRATIVE OFFICER
The CAO, as Development Authority, may perform the duties of the Municipal Planning Commission or
Development Officer as necessary.
1.15
INTERMUNICIPAL SUBDIVISION AND DEVELOPMENT APPEAL BOARD
The Intermunicipal Subdivision and Development Appeal Board (ISDAB) shall perform such duties as specified
in the MGA, this Bylaw and the Chinook Intermunicipal Subdivision and Development Appeal Board Bylaw, as
amended.
Bylaw Enforcement
1.16
ENFORCING THE BYLAW
The Development Authority may enforce the provisions of the Bylaw, or the conditions of a
Development Permit pursuant to the MGA and the Provincial Offences Procedure Act (POPA), as
amended.
A designated Municipal Enforcement Officer may be directed by the Development Authority to enforce
the provisions of the Bylaw.
Enforcement may be by offence notice or a violation ticket pursuant to POPA, or any other authorized
action to ensure compliance.
The enforcement powers granted to the Development Authority under the Bylaw are in addition to any
enforcement powers that the Town or any of its designated or a designated Municipal Enforcement
Officer may have under POPA.
The Development Authority may exercise all such powers concurrently.
1.17
CONTRAVENTION
Any person who contravenes, causes or permits a contravention of the Bylaw commits an offence.
It is an offence for any person to commence or continue development when:
A Development Permit is required but has not been issued,
A Development Permit has expired,
A Development Permit has been revoked or suspended.
It is an offence for a person to prevent or obstruct the Development Authority or a designated
Municipal Enforcement Officer from carrying out any official duty under this Bylaw or the MGA.
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Land Use Bylaw
Bylaw No. 1389/24
1.18
SPECIFIED PENALTIES
Contravention of this Bylaw is an offence and is subject to a fine of not less than $100 and not more
than $10,000.
Pursuant to POPA the following fine amounts are established for use on offence notices and violation
tickets:
Table 1 - Specified Penalties
Offence
Penalty
Failure to obtain a Development Permit
$100
Failure to comply with Development Permit Conditions
$1,000
Failure to comply with District Regulations
$500
Failure to comply with any other condition of the Bylaw
$500
Persons contravening this Bylaw shall be liable for a penalty in accordance with Table 1 and $1000 for a
second or subsequent contraventions.
Each time that an offence notice is issued may be considered to be a separate contravention.
Payment of a fine does not release the offender from the requirement to comply with the requirements
of this Bylaw.
1.19
STOP ORDERS
Pursuant to Section 645 of the MGA where an offense under this Bylaw occurs, the Development
Authority may by written notice, order the owner or the person in possession of the land or buildings, or
the person responsible for the contravention to:
Stop the development or use of the land or buildings in whole or in part as directed by the notice, or
Demolish, remove or replace the development, or
Carry out any other actions required by the notice so that the development or use complies with the
Bylaw.
A stop order notice shall state the following:
The date on which the Stop Order was made,
The nature of the violation,
The corrective measures required, and
the time period within which such corrective measures must be performed.
The Development Authority or a designated Municipal Enforcement Officer shall advise the recipient of
a Stop Order as to where the appeal lays.
If compliance with a Stop Order is not voluntarily effected, the Town may:
Enter on the land or building and take any action necessary to carry out the order
Undertake legal action, including but not limited to, seeking injunctive relief from the Alberta Court
of King's Bench,
In accordance with the MGA, the expenses and costs of carrying out an order may be added to the
tax roll of the parcel of land, and/or
Register a caveat under the Land Titles Act against the certificate of title for the land that is the
subject to a stop order.
The Town must discharge any registered caveat when the Stop Order has been complied with.
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Bylaw No. 1389/24
1.20
ENTRY AND INSPECTION
Pursuant to Section 542 of the MGA, a designated Municipal Enforcement Officer may, after giving
twenty-four (24) hours notice to the owner or occupier of land or the structure to be entered:
Enter on that land or structure at any reasonable time, and carry out any inspection, enforcement
or action required to assess or enforce compliance with this Bylaw,
Request anything to be produced to assist in the inspection, remedy, enforcement or action, and
Make copies of anything related to the inspection, remedy, enforcement or action.
If a person refuses to grant consent or refuses to produce anything to assist in the inspection, remedy,
enforcement or action, the Town may obtain a court order.
1.21
VACANT BUILDINGS
If a building becomes vacant, owners shall immediately secure the building from unauthorized trespass
and remove signs and continue to ensure the building and lands are secure, safe, and tidy, which includes
maintaining the grass and snow removal.
Bylaw Amendments
1.22
AMENDMENT
Any person may apply to amend this Bylaw by making an application for a:
Text Amendment, or
Land Use Redesignation/Site-Specific Amendment,
by submitting it to the Town for processing and consideration by Council.
For a Land Use Redesignation/Site-Specific Amendment, the application must include a signed
authorization of the registered owner(s) of the subject land consenting to the application for amendment.
Council may direct Administration to bring an amendment to this Bylaw for Council to consider.
The Development Authority may refuse to accept an application if, in their opinion, the information
supplied is not sufficient to make a proper evaluation of the proposed amendment.
1.23
APPLICATION TO AMEND THE BYLAW
Any person making an application to amend the Bylaw shall do so using the appropriate application
form available at the Town office and on the Town's Website and shall include the following:
An application fee as set within the Fees and Rates Bylaw, as amended,
A certificate of title of the land affected or other documents satisfactory to the Development
Authority, including the Applicant's interest in the said land,
Any drawings or site plans, specified by the Development Authority, provided on standard material
and fully dimensioned, accurately figured, explicit, and complete, and
Any supporting studies, plans or other information deemed necessary by the Development Authority.
1.24
AMENDING DUTIES OF THE DEVELOPMENT OFFICER
Upon receipt of a completed application requesting an amendment to this Bylaw, the Development
Officer shall:
Prepare an Amending Bylaw for Council, and
Prepare a background report, including plans and other relevant material, and submit same to
Council for their review.
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Land Use Bylaw
Bylaw No. 1389/24
In reviewing an application to amend this Bylaw, the Development Officer shall give consideration to:
Compliance with applicable standards and provisions of the Town of Nanton Land Use Bylaw,
Consistency with the Municipal Development Plan and any other adopted statutory plans,
Development potential/suitability of the site,
The proposal is located in an appropriate area of the community and is compatible with adjacent land uses,
The proposal does not compromise the road capacity of the area and is suitably and efficiently
serviced by an off-site road network,
Availability of facilities and services (sewage disposal, domestic water, gas, electricity, police and
fire protection, schools, etc.) to serve the subject property and any potential impacts to levels of
service to existing and future developments,
Setback distances contained in the Subdivision and Development Regulation,
Supply of suitably designated land,
Circulation in alignment with the Intermunicipal Development Plan, if necessary,
Public comment and any applicable review agency comments, and
Any other matter as deemed necessary taking into consideration the nature of the application as
well as any statutory plan or approved policy affecting the site.
1.25
PUBLIC NOTICE OF A BYLAW AMENDMENT
Upon first reading of a Bylaw amendment the Development Officer shall provide public notice of the
proposed amending bylaw in accordance with Section 692 of the MGA, and in the case of a Land Use
Redesignation circulate notice to all adjacent registered owners:
The legal description of land,
The civic address of the property if possible,
A map indicating the location of the land
The purpose of the amending Bylaw, and
The time and place that Council will hold a Public Hearing on the proposed amending Bylaw prior to the
second reading.
1.26
DECISIONS ON BYLAW AMENDMENTS
Council may, in reviewing a proposed amendment to this Bylaw, after the public hearing:
Approve the proposed Amending Bylaw in its original form,
Make any changes it considers necessary to the proposed Amending Bylaw and proceed to approve it
without further advertisement or hearing,
Refer the proposed Amending Bylaw back to administration for more information or further review and
changes, then reschedule the application for further consideration,
Refer the application to the Municipal Planning Commission for their recommendation, or
Refuse the proposed Bylaw Amendment.
1.27
RECONSIDERATION
Where an application for an amendment to this Bylaw has been refused by Council, another application
for amendment on the same site for the same or similar use of land shall not be made by the same or
any other applicant until at least six (6) months from the date of Council's decision, and
Council, at their discretion may waive the six (6) month waiting period.
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Land Use Bylaw
Bylaw No. 1389/24
2
SECTION TWO
Development Process
This section outlines requirements, procedures and responsibilities related to the Town's Development Permit
Process.
Requirements
2.1
CONTROL OF DEVELOPMENT COMPLIANCE WITH THE LAND USE BYLAW
Except as provided in 'Development Not Requiring a Development Permit' (s.2.2), no person shall
commence any development unless a Development Permit has been issued.
All development shall proceed in accordance with the terms and conditions of a Development Permit.
2.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
A Development Permit is not required for the following development, provided it complies with all
applicable provisions of the Bylaw, and does not require a Variance:
Table 2 - Development Not Requiring a Development Permit
Development
Permit Not Required
Accessory Building /
Structure
In a Residential District or Special District, up to two (2) Accessory Building/Structures, each less
than 10 m2 in area, with a maximum height less than 3.05 m, that respect parcel setbacks and
are not attached to a permanent foundation. Parcels in the Residential Large Lot (R-LRG) District
may have up to three (3) Accessory Building/Structures aligning with the above.
Cement
The installation of cement or other hard surface material that is not to be covered or
partially covered by a roof or other shelter.
Decks & Patios
The construction of uncovered decks or patios less than 0.6 m to ground level.
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Land Use Bylaw
Bylaw No. 1389/24
Development
Permit Not Required
Development In-
Progress
The completion of a building which was lawfully under construction at the date this bylaw
came into effect provided that the building is completed in accordance with the terms
and conditions of any Development Permit granted.
The completion of a building that did not require a Development Permit under the
previous Land Use Bylaw and which was lawfully under construction provided the
building is completed within 12 months from the date this Bylaw came into effect.
Driveways
Where it does not impact existing grades, sidewalks or curbs and does not exceed the width
of a garage or carport at the end of the driveway.
Fences and Gates
In all Districts, the erection, maintenance or alteration of a fence, gate, wall, hedge or
other means of enclosure in compliance with Section 3.12.
Garage Sales
Temporary, less than two-day-long, outdoor display of goods, materials, and equipment for
sale may be permitted in the front yard of Residential Districts provided the display does
not obstruct traffic.
Home-Based Business
Type One (HBB1)
In compliance with Section 4.12.
Landscaping
Landscaping that was not required as part of the original Development Permit where the
proposed grades will not adversely affect the subject or an adjacent parcel.
Maintenance
The maintenance or repair of any building provided that the work does not include
structural alterations or additions.
Occupancy within a
Shopping Centre or
Market
The occupancy of a Permitted Use of a vacant space within an existing and approved
Shopping Centre or Market.
Poles
Less than 4.5 m in height.
Permitted Uses
Where a change of use is proposed from one Permitted Use to a new Permitted Use in the
same District.
Renovations
Interior renovations (including basement development) to a building which do not:
a) create another dwelling unit,
b) increase parking requirements, or
c) result in the change of use of a building.
Retaining walls
Less than 1.0 m in height. If a fence is placed on top of a retaining wall, the height of the
retaining wall factors into the total height of the fence.
Satellite Dishes
Any satellite dish less than 0.9 m in diameter.
Signs
Any sign listed in 'Signs Not Requiring a Development Permit' (s.3.51).
Site Preparation
Excavation, grading, stripping, or stockpile provided it is part of a development for which a
Development Permit has been issued or is addressed in a signed Development Agreement
with the Town of Nanton.
Solar Collector
(Roof/Wall)
In compliance with the National Building Code - Alberta Edition and Section 4.18.
Personal Swimming
Pools
Temporary outdoor above ground swimming pools and hot tubs that meet parcel setbacks
and are not attached to a permanent foundation.
Per the MGA
Any use or development exempted under Section 618(1) of the MGA.
Any use or development exempted by the Lieutenant Governor in Council pursuant to
Section 618(4) of the MGA.
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Land Use Bylaw
Bylaw No. 1389/24
Development
Permit Not Required
Temporary Structure
A structure erected for a temporary special function not exceeding seven (7) days.
Utilities Maintenance
on Public Land
The construction, maintenance or repair of public works, services and utilities on publicly owned
or administered land carried out by or on behalf of federal, provincial, municipal or public
authorities.
2.3
NON-CONFORMING BUILDINGS AND USES
Development rendered legally non-conforming as a result of the passage of this Bylaw shall be permitted to
remain in accordance with the provisions of the MGA.
2.4
DEVELOPMENT ON NON-CONFORMING SIZED PARCELS
a) Development on an existing registered non-conforming sized parcel that does not meet the minimum
requirements for parcel length, width or area specified in the applicable District may be permitted at
the discretion of the MPC.
b) The Development Officer is authorized to permit development on existing registered non- conforming
sized parcels for Permitted Uses where the MPC issued a variance(s) to the minimum requirements for
parcel length, width or area as part of a subdivision approval.
c)
As a result of a Land Use Bylaw Amendment by Council to redesignate lands in accordance with Section
1.22, where a non-conforming sized parcel that does not meet the minimum requirements for parcel
length, width or area specified in the applicable District, development shall proceed in accordance with
subsections a) and b), subject to all other applicable regulations of the Land Use Bylaw.
2.5
NON-CONFORMING VARIANCES
The Municipal Planning Commission is authorized to exercise minor variance powers with respect to non-
conforming buildings pursuant to Section 643(5)(c) of the MGA.
2.6
DEVELOPMENT PERMIT APPLICATIONS
a) A Development Permit application shall be made using the appropriate application form available at the
Town office and on the Town's Website and shall include an application fee as set within the Fees, Rates
and Charges Bylaw, as amended. The application package shall include the following:
Current copy of the Certificate of Title (within 60 days of submission) for the affected lands,
Current copies of any restrictive covenants or easements (within 60 days of submission),
A description of the existing and proposed use of the land, building(s) and structures and whether it
is a new development, an alteration/addition, relocation or change of use and whether the use is
temporary in nature,
Color renderings or facsimile acceptable to the Development Authority showing the exterior elevations
including height, horizontal dimensions and finishing materials of all buildings, existing and proposed,
Documentation from the Alberta Energy Regulator (AER) identifying the presence or absence of
abandoned oil and gas wells as required by the Matters Related to Subdivision and Development
Regulation, as amended,
A copy of the Site Plan showing:
a. Legal description of the site with north arrow, scale and municipal address,
b. Site area and dimensions of the front, rear and side yards if any,
c. Site drainage including any watercourses, finished parcel grades, road grades and slopes greater
than 15%,
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d. The location of all existing and proposed buildings and structures (including roof overhangs) and
registered easements or rights-of-way, dimensioned to property lines and drawn to a satisfactory scale,
e. Existing and proposed parking and loading areas, driveways, abutting streets, avenues and
lanes, and egress and ingress,
f. Where applicable, the location of existing and proposed utilities, wells, septic tanks, disposal
fields, culverts and surface drainage patterns,
g. Where applicable, the identification of trees to be cut down or removed, and
h. Any additional information as may be stipulated in the standards of development, and
When required by the Development Authority:
a. A Real Property Report prepared by an Alberta Land Surveyor, if there is any doubt as to the
boundaries of the parcel,
b. Engineering and other reports to prove the safety and suitability of the site for the purpose
intended, including a declaration that the site is free from contamination,
c. Landscaping Plans where required in alignment with Section 3.21,
d. A site drainage/stormwater management plan prepared by a qualified professional, to the
satisfaction of the Development Authority, for all commercial, industrial, greenhouses and
multi-unit developments or other developments as required by the Development Authority,
e. A Traffic Impact Assessment,
f. Elevations showing the proposed exterior of a building,
g. Any supporting studies, plans or other information deemed necessary, and
h. Any other additional information required for a Specific Use or Activity, as outlined in Section
Four - Specific Uses and Activities.
b) An application for a Development Permit must be made by the registered owner(s) of the land on which
the development is proposed. An application may be made by a person who is not the registered owner
of the land only with written consent of the registered owner(s).
2.7
SUITABILITY OF SITES
a) Notwithstanding that a use of land may be Permitted or Discretionary or considered similar in nature to
a Permitted or Discretionary Use in a District, the Development Authority may refuse issuance of a
Development Permit if the Development Authority is made aware of the fact that the site of the
proposed building or use is not safe or suitable, based on the following:
Does not have safe legal and physical access to a maintained road in accordance with this Bylaw, other
municipal requirements, or those of Alberta Transportation if within 300.0 m of a provincial highway or
800.0 m from the centre point of an intersection of a controlled highway and a public road,
Has a high-water table or soil conditions which make the site unsuitable for foundations or sewage
disposal systems in accordance with the provincial regulations,
Is situated on an unstable slope,
Consists of unconsolidated material unsuitable for building,
Is situated over an active or abandoned coal mine or oil or gas well or pipeline,
Is unsafe due to contamination by previous land uses,
Does not meet the minimum setback requirements from a sour gas well or bulk ammonia storage
facility,
Does not have adequate water and sewer provisions,
Does not meet the parcel size or setback requirements or other applicable standards or
requirements of this Bylaw.
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b) Nothing in this section shall prevent the Development Authority, as applicable, from issuing a
Development Permit if they are satisfied that there is no risk to persons or property or that these
concerns will be met by appropriate engineering measures or other mitigating measures and approvals
from provincial or federal agencies have been obtained, as applicable.
Receive and Review
2.8
DETERMINATION OF COMPLETENESS
a) Within twenty (20) days of receipt of a Development Permit application, the Development Authority
shall determine whether an application is complete, unless an agreement is reached between the
Development Authority and the applicant to extend the twenty (20) day period. If the Development
Authority fails to determine that the application is complete within the prescribed time period, the
application shall be deemed to be complete.
b) If the Development Authority determines that the application is incomplete, the Development Authority
shall issue to the applicant a written notice indicating that the application is incomplete and that the
application will not be processed until the required information is provided. The written notice shall
specify the outstanding documents and information to be provided, including but not limited to those
required by Section 2.6. A submittal deadline for the outstanding documents and information shall be
set out in the notice. A later date may be agreed on between the applicant and the Development
Authority in writing to extend the deadline. Failure to submit the required information in accordance
with the notice shall result in the application being deemed refused and may be appealed in accordance
with Section 2.26.
c)
If the Development Authority determines that the application is complete, the Development Authority
shall issue to the applicant a written Notice of Completeness acknowledging that the application is
complete, delivered by hand, mail or electronic means.
d) Despite issuance of a Notice of Completeness under subsection 2.8 c), the Development Authority in the
course of reviewing the application may request additional information or documentation from the
applicant that the Development Authority considers necessary to review the application.
e) Notwithstanding subsections a) to b), the Development Authority may decide on a Development Permit
application without all the required information, if the Development Authority determines that a
decision can be properly made without such information.
2.9
REVIEW PERIOD
a) The Development Authority must make a decision on a Development Permit application within forty
(40) days of the date of the 'Notice of Completeness' (s.2.8c)).
b) Notwithstanding a), time to make a decision on a Development Permit Application may be extended by
entering into a 'Time Extension Agreement' (s.2.10).
2.10
TIME EXTENSION AGREEMENT
The Development Authority may request up to a six (6) month extension of the review period of a
Development Permit application from the applicant,
The Development Authority may grant up to a six (6) month extension of the review period of a
Development Permit Application at the request of the applicant, and
A Time Extension Agreement shall be agreed to by both parties in writing.
Additional six (6) month extensions may be requested from or granted by the Development Authority as
required.
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2.11
REVIEWING DEVELOPMENT PERMIT APPLICATIONS
In reviewing a Development Permit Application, the Development Authority shall have regard to:
The purpose and intent of the applicable District,
The purpose and intent of any applicable Statutory Plan adopted by the Town,
The purpose and intent of any other plan and pertinent policy adopted by the Town, and
The circumstances and merits of the application, and
Notwithstanding the provisions of this Bylaw, the Development Authority may impose more stringent
development regulations or standards on a Development Permit for a Discretionary Use in order to
ensure that the Development is compatible with and complementary to surrounding land use and other
planning considerations.
2.12
HEALTH, SAFETY AND NUISANCE FACTORS
Unless otherwise provided in a district, the following health, safety and nuisance factors shall be given due
consideration in determining any health and safety hazards related to any development:
No use shall cause or create excessive air contaminants, visible and particulate emissions, odours, water
contaminants or noise as determined by legislation.
No use shall create or store refuse or operate a use in a manner that attracts pests in contravention of
legislation.
2.13
PUBLIC NOTICE OF A DEVELOPMENT PERMIT
The Development Authority shall provide the following notice(s) of a Development Permit application:
Table 3 - Public Notice Requirements
Review of a:
Notice sent to
surrounding
registered
owners prior
to decision
Notice
published on
Town website
prior to
decision
MPC meeting
required
Notice sent to
surrounding
registered
owners after
decision
Notice
published on
Town website
after decision
Permitted Use
No
No
No
No
No
Permitted Use with a Variance ≤ 25%
No
Yes
No
No
Yes
Permitted Use with a Variances > 25%
Yes
Yes
Yes
Yes
Yes
Discretionary Use
Yes
Yes
No
Yes
Yes
Discretionary Use with a Variance
Yes
Yes
Yes
Yes
Yes
Where notification of adjacent registered owners and other persons likely to be affected is required, the
Development Authority shall:
Mail (postal service or electronic) written notice of the application at least ten (10) days before the
meeting of the MPC or the decision of the Development Authority to:
a. Adjacent registered owners and other persons likely to be affected by the issuance of a
Development Permit,
b. The Municipal District (MD) of Willow Creek if in the opinion of the Development Authority, the
proposed development could have an impact upon land uses in the MD or is adjacent to the
MD boundary, and
c. Any other persons, government departments or referral agency that is deemed to be affected.
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Post a notice on the municipal website and official social media as authorized through an
advertising bylaw approved by Council in accordance with Section 606.1 of the MGA at least ten
(10) days before the meeting of the MPC or the decision of the Development Officer, or
A combination of the above that satisfies the requirements of the MGA.
In all cases, notification shall:
Describe the nature and location of the proposed use or development,
If warranted per Table 3, state the place and time where the MPC will meet to consider the application, ,
and
Specify the location at which the application can be inspected.
When an application for a Development Permit is refused, the Notice of Decision, including reasons for
refusal, shall be sent by ordinary mail to the applicant.
Approved Development Permit applications, shall be posted in alignment with Table 3. This notice shall
include:
i.
The location and use of the Parcel,
ii.
The date the Development Permit was issued, and
iii. Notice that an appeal may be made by a person affected by the decision by serving written notice of
the appeal to the ISDAB within Twenty-One (21) days notice being posted or the date of the
'Deemed Refusal' (s.2.20).
Notices provided after decision, either sent to surrounding registered owners and/or published on the
Town website shall be done on the same day.
Decisions
2.14
DECISIONS ON DEVELOPMENT PERMIT APPLICATIONS
The Development Authority, in making a decision on a Development Permit Application for:
A Permitted Use
Shall approve the application for a Permitted Use, with or without conditions, if the proposed
development conforms with this Bylaw, or
May approve the application for a Permitted Use, with or without conditions, if the proposed
development does not conform with the Bylaw, subject to the approval of any required variances, or
Shall refuse the application if it does not conform to the Bylaw.
A Discretionary Use:
May approve the application for a Discretionary Use, with or without conditions, if the proposed
development conforms with this Bylaw,
May approve the application for a Discretionary Use, with or without conditions, if the proposed
development does not conform with this Bylaw, subject to the approval of any required variances, or
May refuse the application for a Discretionary Use even though it meets the requirements of this Bylaw.
2.15
NOTICE OF DECISION TO APPLICANT
All decisions on Development Permit applications must be provided in writing, and a copy of the decision,
together with a written notice specifying the date on which the written decision was given, must be given
or sent to the applicant on the same day the written decision is given.
If the Development Permit application is refused, or conditionally approved, the Notice of Decision shall
contain the conditions imposed as part of the approval or the reasons for the refusal.
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2.16
APPROVAL OF A SIMILAR USE
Notwithstanding Section 2.14, the Development Authority may approve a Development Permit, with or
without conditions, for a use that is neither Permitted nor Discretionary in the District in which the
development is to be located, provided that:
The proposed use is a similar use to a permitted or discretionary use in the District,
The proposed use is not defined elsewhere in this Bylaw, and
All public notices of the Development Permit approval specifically reference that the use was
approved as a similar use.
A similar use is considered a discretionary use.
2.17
DIRECT CONTROL DISTRICT DECISIONS
Upon receipt of a completed application for a Development Permit in a Direct Control District, the
Development Authority shall:
i.
Refer the application to Council for a decision, except where the decision-making authority has been
delegated to the Development Authority, and
ii.
Notify adjacent registered owners and other persons likely to be affected in accordance with 'Public
Notice of a Development Permit' (s.2.13).
After considering any response to notifications issued under Section 2.13, Council or the Development
Authority, if delegated authority by Council, may:
i.
Approve a Development Permit with or without conditions; or
ii.
Refuse to approve the Development Permit, stating reasons.
In accordance with the MGA there is no appeal to the ISDAB for a decision on an application for a
Development Permit in a Direct Control District, where the decision was made by Council.
2.18
TEMPORARY USE
Where in the opinion of the Development Authority, a proposed use is of a temporary nature, it may
approve a temporary Development Permit valid for a period of up to one (1) year for a use, provided the
use is listed as a Permitted Use, Discretionary Use or deemed similar to a Permitted or Discretionary Use in
the applicable District.
Temporary use applications shall be subject to the following conditions:
i.
The applicant or developer is liable for any costs involved in the cessation or removal of any
development at the expiration of the permitted period,
ii.
The Development Authority may require the applicant to submit an acceptable form of security
guaranteeing the cessation or removal of the temporary use, and
iii. Any other conditions as deemed necessary.
2.19
VARIANCES
Unless a specific provision of this Bylaw provides otherwise, the Development Authority may issue a
Variance as a condition of a Development Permit.
Variances may be issued where:
i.
The proposed development would not unduly interfere with the amenities of a 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 Bylaw.
Applicants requesting a Variance shall provide a supporting rationale in support of the variance.
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In the event that a Variance is granted, the Development Authority shall specify the nature of the
approved Variance in the Development Permit approval.
Variances can be granted at the sole discretion of the Development Officer for uses that request a
Variance of up to twenty five percent (≤25%) to a applicable measurable standard, excluding height.
Variances can be granted by the MPC for uses that request a Variance(s) exceeding twenty-five percent
(>25%) of any measurable standard of this bylaw, or a Variance of any other bylaw provision.
2.20
DEEMED REFUSALS
An application for a Development Permit shall be deemed to be refused in the following circumstances:
Outstanding information requested as part of the 'Determination of Completeness' (s.2.8) is not
submitted by the Applicant within the time period identified by the Development Authority, or
The Development Authority does not make a decision on a Development Permit within the 40-day
'Review Period' (s.2.9), or
The Development Authority does not make a decision on a Development Permit within the alternative
review period stated within a written 'Time Extension Agreement' (s.2.10).
2.21
EFFECTIVE DATE
A Development Permit for a Permitted Use where no Variance has been approved comes into effect on
the date the Permit was issued.
Barring an appeal to the ISDAB, a Development Permit for a Discretionary Use or where a Variance has
been approved, does not come into effect until Twenty-One (21) days from the date on which public
notice was issued in alignment with Table 3.
Any development occurring prior to the dates determined under subsections a) and b) above is at the
risk of the applicant.
Conditions
2.22
CONTINUATION OF CONTROLS
A condition attached to a Development Permit issued under a former Land Use Bylaw continues under this
Bylaw.
2.23
CONDITIONS ATTACHED TO DEVELOPMENT PERMITS
The Development Authority, in imposing conditions on a Development Permit may:
For a Permitted Use, impose conditions only to ensure compliance with this Bylaw, and
For a Discretionary Use, impose conditions as deemed appropriate, so long as they serve a legitimate
planning objective and do not sub-delegate the Development Authority's discretionary powers.
Conditions may include, but are not limited to, that the applicant:
Pay an off-site levy or redevelopment levy imposed by bylaw,
Register an Easement or Encroachment Agreement,
Enter into a Development Agreement or Deferred Servicing Agreement pursuant to Section 2.24,
Fence a site during construction,
Repair municipal improvements that may be damaged as a result of the development,
Grade, landscape or pave a parcel,
Registering a restrictive covenant,
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Enter into an agreement to remediate the site when the use comes to an end,
Complete a geotechnical investigation to ensure that the site is suitable in terms of topography, soil
characteristics, flooding, subsidence, mass wasting and erosion,
Alter a structure or building size or location to ensure any setback requirements of this Land Use
Bylaw or the Subdivision and Development Regulation can be met,
Provide public utilities, other than telecommunications systems or works, and vehicular and
pedestrian access,
Give security, in alignment with Section 2.25, to ensure the terms of the permit approval under this
section are carried out,
Completion development within a specified time period,
Complete a lot or construction stakeout conducted by an approved surveyor or agent,
Complete any measures to ensure compliance with applicable federal, provincial or other municipal
legislation and approvals,
Submit an Environmental Impact Assessment, and/or
Obtain any other approval, permit, authorization, consent or license that may be required to develop
or service the affected land.
In addition to the foregoing, conditions may include but are not limited to any conditions that the
Development Authority may deem appropriate to ensure compatibility with neighbouring development,
including but not limited to:
limiting hours of operation, and/or
requiring the mitigation of noise or other nuisances.
2.24
DEVELOPMENT AGREEMENTS
As a condition of approval, the Development Authority may require the applicant to enter into a
Development Agreement with the Town, in accordance with the provisions of the MGA, and may
require the applicant to:
Pay for all or a portion of the cost of an improvement constructed or paid for in whole or in part by
a municipality at any time prior to the date of approval of the development permit or subdivision
approval application, or
Construct or pay for all or a portion of an improvement with an excess capacity.
Repair or reinstate to original or improved condition any roads, sidewalks or parking areas which
may be damaged, destroyed or otherwise harmed by development or building operations upon the
site, and/or
Attend to all other matters the Development Authority considers appropriate.
A Development Agreement referred to in this section may require the applicant to oversize
improvements in accordance with Section 651 of the MGA.
The Town may register a caveat under the Land Titles Act with respect to an agreement under this
section against the certificate of title for the land that is the subject of the development, or for the
parcel of land that is the subject of the subdivision, which shall be discharged upon the terms of the
Development Agreement being met.
As a condition of subdivision approval, all agreements may be registered concurrently by caveat onto
individual parcels being created.
The Developer shall be responsible for and within thirty (30) days of the presentation of an account, pay
to the Town all legal and engineering costs, fees, expenses and disbursements incurred by the Town
through its solicitors and engineers for all services rendered in connection with the preparation,
fulfillment, execution and enforcement of the agreement.
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2.25
SECURITIES
The Development Authority may require an approved form of financial security to be provided to ensure the
satisfactory completion of the approved development. Should security be required, the following shall apply:
The form of security shall be to the satisfaction of the Development Authority.
The security either in part or as a whole shall be returned to the security provider upon inspection of the
completed development by the Development Authority and depending on whether deficiencies have
been identified.
Should it be determined that any portion of the approved development was not completed in
accordance with the requirements of this bylaw, conditions of an approved permit, and/or any
approved plans, the Development Authority shall withhold a part or all of the Security until the
deficiencies have been rectified to their satisfaction.
Should the identified deficiencies be outstanding two (2) years after the issue date of the approved
permit, the security deposit will be considered and can be deposited into general revenue and used by
the Town in its sole discretion.
Appeals
2.26
APPEALING A DEVELOPMENT PERMIT DECISION
Pursuant to the Chinook Intermunicipal Subdivision and Development Appeal Board Bylaw as amended, and
the MGA, any person affected by an order, decision or Development Permit made or issued by a
Development Authority, including the applicant, may appeal the decision to the ISDAB.
2.27
APPEAL PROCESS
The Process followed by the ISDAB is articulated within the Chinook Intermunicipal Subdivision and
Development Appeal Board Bylaw as amended, and the MGA.
2.28
DECISIONS OF THE CHINOOK ISDAB
If the decision to approve a Development Permit application is reversed by the ISDAB the Development
Permit shall be null and void.
If the decision to approve a Development Permit application is varied by the ISDAB, the Development
Authority shall be directed to issue a Development Permit in accordance with the terms of the decision
of the ISDAB.
If the Development Authority refuses a permit and the application is varied by the ISDAB, the
Development Authority shall be directed to issue a Development Permit in accordance with the terms of
the decision of the ISDAB.
Completion and Cancellation
2.29
COMMENCEMENT AND EXTENSIONS
Unless a Development Permit is:
specified by the Development Authority to remain in effect for less than twelve (12) months, or
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suspended or cancelled,
it shall be deemed void if the development authorized by the Development Permit is not commenced
within twelve (12) months from the date of its issue unless an extension has been granted by the
Development Authority.
At the request of the applicant, the validity of a Development Permit may be extended by the
Development Authority, for an additional period of not more than twelve (12) months having due
regard to the merits of the case.
2.30
SUSPENSION OR CANCELLATION OF A DEVELOPMENT PERMIT
The Development Authority may cancel, suspend, or modify a Development Permit by written notice to
the holder of the permit when, after a Development Permit has been issued, the Development
Authority becomes aware of one the following circumstances:
The application contained a misrepresentation,
Facts concerning the application or the development were not disclosed which should have been
disclosed at the time the application was considered,
Any condition under which the Development Permit was issued has been contravened,
The Development Permit was issued in error,
Development has not commenced within twelve (12) months of the effective date,
The applicant has requested cancellation of the permit in writing, or
The approved use or development is discontinued or abandoned for twelve (12) months or more.
Upon receipt of the written notification of suspension or cancellation, the applicant must cease all
development and activities to which the Development Permit relates.
A person whose Development Permit is suspended or cancelled under this section may appeal within 21
days of the date the notice of cancellation or suspension is received to the ISDAB.
If a Development Permit is suspended or cancelled, the ISDAB shall review the application if an appeal is
filed by the applicant and either:
Reinstate the Development Permit,
Cancel the Development Permit if the Development Authority would not have issued the
Development Permit if the facts subsequently disclosed had been known during the consideration
of the application, or
Reinstate the Development Permit and may impose such other conditions as are considered
necessary to ensure that this bylaw or any statutory plan is complied with.
2.31
TRANSFERABILITY OF DEVELOPMENT PERMIT
A valid Development Permit is transferable where the use remains unchanged and the development is
affected only by a change of ownership, tenancy, or occupancy. This provision does not apply to a
Development Permit for a Home-Based Business Type Two (HBB2), which is non-transferable.
2.32
REAPPLICATION INTERVAL
When a Development Permit application is refused, the Development Authority may:
Refuse to accept another application on the same property and for the same or similar use of the
land by the same or any other applicant for six (6) months after the date of previous refusal,
Receive an application for the same or similar use of the parcel before six (6) months have elapsed
from the date of the decision, when, in the opinion of the Development Authority, the aspects of
the application which caused it to be refused have been sufficiently modified so as to constitute a
sufficiently different application, or
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Receive an application for a Permitted Use of the parcel, complying in all respects with this Bylaw,
before six (6) months have elapsed from the date of the decision.
2.33
OCCUPANCY PERMITS
The Development Authority may require that the holder of a Development Permit obtain an Occupancy
Permit before a building or use that was the subject of a Development Permit is occupied or the approved
use initiated.
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3
SECTION THREE
General Regulations
This section outlines general regulations that apply to development within Town.
Parcels & Setbacks
3.1
DOUBLE-FRONTING AND CORNER PARCELS
Where a Parcel abuts two (2) or more public roadways, the front yard setback shall be established on the
side that is identified by a municipal address.
3.2
PROJECTIONS INTO MINIMUM SETBACKS
Those parts of a building which may project over a yard, as defined by the minimum setback required by
this Bylaw, are as follows:
Front Yards
a.
Projections, cantilevers, bay windows, covered or uncovered decks, may project a maximum
of 0.6 m over or onto a required front yard.
b. Unenclosed steps may project a maximum of 1.8 m over or onto a required front yard.
Side Yards
a.
Projections, cantilevers, bay windows, covered or uncovered decks, less than 2.4 metres, may
project a maximum of 0.6 m over or onto a required side yard.
b. Cantilevers and balconies, higher than 2.4 metres, may project further than 0.6 m into a side
yard but must maintain a minimum 1.2 m separation from property lines.
c.
Unenclosed steps and landings at grade (0.3 m or less) to a side entrance may project onto the
entire side yard.
d. Unenclosed steps and landings above 0.3 m may project a distance not exceeding one half of
the minimum side yard.
e.
A projection into the side yard shall not cause an obstruction for emergency access to the rear yard.
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Rear Yards
a.
Projections, cantilevers, balconies, bay windows, patios, balconies, covered or uncovered decks
and steps may project a maximum of 1.2 m over or onto a required rear yard.
b. Patios, the surface of which is less than 0.3 m above grade shall comply with the maximum site
coverage of the respective District.
Notwithstanding any setback provision of this Bylaw, no buildings or structures or including projections
shall encroach onto, under or over a utility right-of-way or within the required side yard setback to
provide access to the rear yard on a laneless parcel.
The minimum distances required for yards do not apply to:
Exterior finishing materials applied to principal buildings provided the material does not encroach
more than 0.1 m into any yard,
Retaining walls, landscaping, regulation-height fences and garbage enclosures, or
Wheelchair ramps.
However, these structures and improvements shall remain entirely within the parcel on which they are
located.
3.3
CORNER VISIBILITY
In a Residential District, buildings, structures, fences and landscaping shall be setback at least 3.0 m
from the intersection of two roads, as measured from the curb intersect point or edge of pavement, to
maintain corner visibility, as illustrated as "A" in Figure 1.
In a Non-Residential District, buildings, structures, fences and landscaping shall be setback at least 6.0 m
from the intersection of two roads, as measured from the curb intersect point or edge of pavement, to
maintain corner visibility, as illustrated as "A" in Figure 1.
For parcels backing onto the intersection of a rear lane and public roadway in all Districts, buildings,
structures, fences and landscaping shall be setback at least 1.5 m from the intersection of the rear lane
and public roadway, as measured from the curb intersect point or edge of pavement, to maintain corner
visibility, as illustrated as "B" in Figure 1.
Figure 1 - Corner Visibility Triangle
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3.4
EASEMENTS
All permanent structures shall be located a minimum of 3.0 m, or such greater distance as required by
the Development Authority, from an easement registered for the protection of municipal water mains
and sewer mains or any other infrastructure, as determined by the municipality.
No structures shall be located within a registered easement without the written consent of the
easement holder.
3.5
EMERGENCY ACCESS
Setbacks in any District may be increased at the discretion of the Development Authority in order to provide
adequate emergency access.
3.6
DEVELOPMENT ON OR NEAR A BODY OF WATER
Parcels shall be located at least 30.0 m back from the top of bank of any body of water or an area subject to
flooding as established by the province.
3.7
DEVELOPMENT NEAR A HIGHWAY
Where development is proposed adjacent to an arterial road or highway, the Development Authority
may request an applicant provide:
A noise attenuation study satisfactory to the Town's Engineer, and/or
A roadside Development Permit from Alberta Transportation.
Following consideration of the noise attenuation study, the Development Authority may impose a
condition on the Development Permit requiring the applicant to:
i.
Construct a noise barrier satisfactory to the Town Engineer, or
ii.
Pay to the Town a sum of money equal to the present estimated cost of constructing a noise
barrier as determined by the Town Engineer.
3.8
DEVELOPMENT OF LANDS SUBJECT TO SUBSIDENCE, UNDERMINING OR FLOODING
If, in the opinion of the Development Authority, land upon which development is proposed is subject to
subsidence, mass wasting, flooding or undermining the Development Authority may require the
applicant to submit the following reports, prepared by an engineer demonstrating that any potential
hazards can be mitigated:
Structural building plan,
Slope stability analysis,
Geotechnical report, or
Flood mapping.
3.9
GRADING AND DRAINAGE
Site grading and parcel drainage shall be in accordance with the Utilities Bylaw, as amended.
The Development Authority may require engineered grading or stormwater management plans as a
condition of approval.
3.10
RETAINING WALLS
The Development Authority may require the construction of a retaining wall as a condition of a
Development Permit if, in their opinion, significant differences in grade exist or will exist between the
parcel to be developed and adjacent parcels.
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Any retaining wall proposed over 1.0 m in height must be approved by the Safety Codes Officer as a
condition of approval.
Creosote railway ties are not a permitted construction material for any retaining wall.
3.11
SCREENING
Year-round visual screening to a minimum height of 1.8 m shall be provided by a fence or a combination
of fence and landscaping materials where a Non-Residential District abuts a Residential District.
b) All mechanical equipment or apparatus on the roof of any office, commercial, or industrial building shall
be screened to the satisfaction of the Development Authority.
c) All exterior work areas, storage areas and waste handling areas shall be screened and/or enclosed from
view to the satisfaction of the Development Authority.
d) In those cases where wrecked or damaged vehicles are permitted to be stored or located on a site they
shall be screened or enclosed to the satisfaction of the Development Authority.
3.12
FENCING
a) Fence heights shall be in alignment with Table 4, as illustrated in Figure 2.
b) In cases where a fence is constructed on a retaining wall, height is calculated as the average combined
height measured from grade on both sides of the fence and retaining wall.
c) Where a permit is required, the Development Authority may regulate the types of materials and colours
used for a fence.
d) The use of barbed wire below a height of 2.4 m is not permitted.
e) The use of razor wire is not permitted.
f)
Fencing shall not be permitted to be constructed within any developed or undeveloped roadway or
laneway right-of-way, unless an encroachment agreement has been signed. Removal of such fencing
will be at the property owner's expense.
Figure 2 - Fence Height Illustrations
Table 4 - Fence Height Maximums
Non-Industrial
Industrial
Front Yard
0.9 m
0.9 m
Side Yard
1.8 m
2.4 m
Rear Yard
1.8 m
2.4 m
Within the 'Corner Visibility Triangle' (Figure 1)
0.0 m
0.0 m
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3.13
LIGHTING
Exterior lighting of a site or building may be required as a condition of development and lighting shall be
located, oriented and shielded so that it does not:
Illuminate adjacent development,
Adversely affect the use, enjoyment and privacy of any dwelling and its amenity space, or
Interfere with traffic safety on public roadways.
Full cut-off fixtures shall be installed for all exterior lighting.
No flickering and flashing lights are permitted.
3.14
AMENITY AREA
All multi-unit and apartment dwelling developments shall provide a minimum of 6.0 m2 of Amenity Area
(Private) per unit, exclusive of required front and side yards with no dimension less than 1.5 m.
Amenity Area (Private) may include:
A deck or balcony,
A patio, or at-grade yard, or
A recessed balcony.
All multi-unit and apartment dwelling developments shall provide a minimum of 30.0 m2 of Amenity
Area (Common), which may be provided indoors, outdoors, or a combination thereof.
Amenity Area (Common) may include:
A rooftop amenity area, or rooftop garden,
A balcony or terraced balcony,
An at grade amenity area, including a common garden area, or
An indoor amenity such as a swimming pool, fitness room, common room, or play area complete
with equipment.
An Amenity Area at ground level must have screening at least 1.2 m in height, to the satisfaction of the
Development Officer.
3.15
OUTDOOR DISPLAY AND STORAGE
Outdoor storage areas shall not be permitted within the front or side setback.
The Development Authority may impose conditions related to screening, buffering or landscaping of any
outdoor display areas.
Outdoor storage areas adjacent to a residential parcel shall be effectively screened by an opaque fence
of at least 1.8 m in height or other suitable screening to the satisfaction of the Development Authority.
3.16
VEHICLE STORAGE
Any motor vehicle parked on a parcel shall align with the Community Standards Bylaw and Traffic Bylaw,
as amended.
A maximum of one (1) Recreational Vehicle, not stored in a Garage, may be kept
i.
in the backyard of a Residential District parcel, or
ii.
on the driveway of a Residential District parcel so long as it is 1m from the nearest edge of a public
roadway or sidewalk .
in accordance with the Corner Visibility (s.3.3), regulations.
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One (1) Recreational Vehicle stored on private property may be temporarily used as a dwelling unit for
no longer than seven (7) consecutive days for the purpose of guest accommodation or to provide
accommodation while renovations to the principal building are occurring.
3.17
GARBAGE ENCLOSURES
In all Districts, garbage areas shall be wholly provided on the same site as the buildings to be served,
unless otherwise approved by the Development Authority.
All refuse on any construction site shall be properly screened or placed in an approved enclosure until
removed for disposal.
Any garbage storage or collection area co-existing with any parking or loading area shall be:
Clearly delineated as separate from the parking or loading stalls,
Located to optimize collection vehicles access, and
Screened by a fence or landscaping.
3.18
SERVICING
All development shall be required to connect to both the municipal water supply and sewer system
where the municipal services are, in the opinion of the Development Authority, reasonably available.
Where no municipal servicing is reasonably available, the Development Authority may issue a
Development Permit for a Permitted or Discretionary Use with the condition that temporary on-site
water or sewer services or both may be permitted, provided such services are constructed and installed
in compliance with Alberta Health Services and Alberta Safety Codes Standards, and that the
development must disconnect and remove such on-site servicing and connect with municipal water and
sewer when available.
The applicant of the Development Permit requesting on-site water and sanitary sewer services shall be
required to submit a soils analysis and report demonstrating the suitability of the site for on-site
servicing as part of the Development Permit application and prior to development approval.
Landscaping
3.19
RESIDENTIAL LANDSCAPING
The Town of Nanton does not regulate landscaping on private-property within Residential Districts.
Notwithstanding a), landscaping on private-property is shall not extend into municipally-owned public
boulevards.
3.20
NON-RESIDENTIAL LANDSCAPING
All portions of a Non-Residential parcels not covered by a building, structure, parking stall or driveway
shall be landscaped and maintained to the satisfaction of the Development Authority.
In Non-Residential Districts and on parcels with a Dwelling (Multi-Unit) of more than ten (10) units:
A minimum 1.8 m landscaped buffer is required along each public road, and
A minimum 6.0 m landscaped buffer is required along every boundary adjacent to a Residential
District.
Landscaping may consist of any or all of the following:
trees, shrubs, lawn, flowers,
large feature rocks, bark chips, field stone,
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Bylaw No. 1389/24
berming, terracing, and
other innovative landscaping features,
Existing trees should be retained as much as possible.
No cottonwood tree of any species or variety shall be planted in the Town.
3.21
LANDSCAPING PLANS
In Non-Residential Districts and on parcels with a Dwelling (Multi-Unit) of more than ten (10) units, a
Landscaping Plan may be required to the satisfaction of the Development Authority, which includes
Name of the project and/or applicant,
Name and/or endorsement stamp of the landscape professional,
North arrow, plan scale and legal and civic addresses,
Location of existing plant materials and indication as to whether they are to be removed or retained,
Location of planting beds and identification of bedding material,
Location of trees shown as their typical mature size,
Total number and type of trees proposed to be provided,
Identification of proposed surfacing of parking and storage areas,
A list of any proposed Variances,
All other physical features, existing or proposed, including berms, walls, fences, outdoor furniture
and decorative paving, and
If landscaping is being proposed within a utility right-of-way the plan must be endorsed by all utility
companies that have access to the right-of-way, indicating their approval of the proposed landscaping.
3.22
LANDSCAPING SECURITIES & INSPECTIONS
'Landscaping Plans' (s.3.21) shall be accompanied by a quote from a landscape professional indicating
the cost to implement the Landscaping Plan.
An irrevocable letter of credit or cash deposit of 100% of the estimated costs to implement the
Landscaping Plan will be provided to the Town within thirty (30) days of the Development Permit being
issued and will be retained until all landscaping is completed.
Upon receipt of a written request from an applicant, an inspection of finished landscaping may be
scheduled by the Development Authority.
Landscaping inspections shall be:
Conducted only during the normal growing season, approximately May 15th through October 15th, and
Performed within thirty (30) days of receipt of the inspection request subject to i. above,
Fifty percent (50%) of the Landscaping Securities will be returned when satisfactory completion of the
landscaping is confirmed with an inspection by the Development Authority.
The remaining Landscaping Securities, unless otherwise drawn upon, shall be fully released once it is
confirmed with an inspection by the Development Authority that the landscaping has survived a
minimum of two full growing seasons.
The Town is permitted to draw upon Landscaping Securities, in the event that the required works are
not completed.
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Buildings and Structures
3.23
ADDRESSING
The civic address assigned shall be clearly displayed on all houses and business premises.
3.24
BUILDING ORIENTATION
All Principal Buildings shall face the frontage street of a parcel, unless otherwise authorized by the
Development Authority.
3.25
INFILL DEVELOPMENT
Infill development shall be in keeping with the scale and character of the surrounding area, having regard to
the provisions of the prescribed District, including the following, to the satisfaction of the Development
Authority:
Front setbacks shall be generally consistent with adjacent parcels,
Building height shall be generally consistent with adjacent parcels and shall not vary by more than one
storey,
The façade of a building should be generally consistent with the look of adjacent buildings, and
In Residential Districts, Garage access (front or rear) shall be consistent with adjacent parcels where
possible.
3.26
MAINTENANCE AND APPEARANCE
The entire site and all buildings at all times shall be maintained in a neat and tidy manner in accordance
with the Community Bylaw, as amended.
A Building's character and appearance may be considered in the review of proposed development, with
respect to:
Consistency with the prescribed District,
Compatibility with nearby Buildings, and
Compliance to the provisions of any Statutory Plan, which sets out specific guidelines as to the
design, character, appearance, or building materials used in a development.
Undeveloped sites should be farmed or maintained in their natural state until such time as the site is
developed.
The Development Authority may regulate the exterior finish of buildings, structures or signs to improve
the quality of any proposed development within any District.
If a building is to be located on a parcel with more than one street frontage or on a parcel with potential
for further subdivision, the Development Authority may regulate the orientation and location of the
building as a condition of development approval.
3.27
BUILDING HEIGHT
The base from which to measure the height of a Building or Structure shall be from any point on the
finished ground elevation which adjoins an exterior wall as illustrated in Figure 3.
b) In determining the highest point of a building, the following structures are not considered part of the
building: elevator or mechanical housing, roof stairway entrance, ventilation fans, a steeple, a
smokestack, a parapet wall or a flagpole.
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Figure 3 - Determining Building Height
3.28
MANUFACTURED HOMES
No Manufactured Home, or additions thereto, shall exceed 5.0 m in height,
Manufactured Homes shall have CSA certification,
Manufactured Homes must be placed on a foundation in accordance with provincial standards,
The crawl space between a Manufactured Home and the ground shall be suitably enclosed from view by
skirting, or another means satisfactory to the Development Authority, within thirty (30) days of siting,
Axles, wheels and trailer hitches shall be removed once a Manufactured Home is sited,
A proposed manufactured home community will require an approved Area Structure Plan prior to the
acceptance of a Development Permit application for review.
The Development Authority may require a security, in alignment with Section 2.25, of a minimum
$5000to a maximum value of up to fifty percent (50%) of the assessed value of the building to ensure
the conditions of the Development Permit are met.
3.29
MIXED-USE BUILDINGS
A Development Permit may include a number of units within a building.
A building may be occupied by a combination of one or more of the uses listed in a particular District,
each use shall be considered as a separate use, and shall obtain a Development Permit.
The minimum size of a Dwelling Unit in a Mixed-Use Building shall be 46.5 m².
Dwelling Units shall have at grade access that is separate from the access for commercial premises.
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A minimum of 4.00 m² of Amenity Area (Private) shall be provided for each Dwelling Unit.
No use or operation within a building shall cause air contaminants, visible emissions, particulate
emissions of odorous matter or vapor, or create the emission of toxic matter beyond the building that
contains it. The handling, storage and disposal or any toxic or hazardous materials or waste shall be in
accordance with the regulations of any government authority having jurisdiction.
3.30
ACCESORY BUILDINGS AND STRUCTURES
Accessory Building/Structures shall be located at least 1.2 m from the principal building or a parcel line.
b) Accessory Building/Structures shall not be located in the front yard.
d) An Accessory Building/Structure shall not be used as a dwelling or contain a dwelling unit. unless converted into a
Secondary Suite (External) in alignment with section 4.16, and the National Building Code - Alberta Edition.
e) Carports attached to a principal dwelling or building shall comply with the provisions for the principal
dwelling or building.
3.31
PRIVATE SWIMMING POOLS
Any private swimming pool with a design depth greater than 0.6 m shall be restricted to the side or back
yard only and constructed and fenced in accordance with Safety Codes requirements.
3.32
NUMBER OF DWELLING UNITS ON A PARCEL
No more than one dwelling unit shall be constructed or located or caused to be constructed or located
on a parcel except where permitted within a District and specified in a Development Permit.
The Development Authority may issue a Development Permit for the construction or location of more
than one dwelling unit on a parcel of land if the proposed dwelling units will be:
Contained in a building that, or in buildings each of which, is designed for or divided into two or
more dwelling units,
Located on a parcel of land that is divided into bareland condominium units, or
A single detached dwelling and a Secondary Suite (Internal) or (External).
3.33
CONDOMINIUM AND BARE LAND CONDOMINIUM PLANS
In the event of subdivision by condominium or bare land condominium plan, development shall be
treated as a multi-unit complex where development setbacks for the front, rear, and side yards shall be
the same as specified in the appropriate Land Use District. Spatial separation between buildings shall
also comply with the National Building Code - Alberta Edition.
The Town's road and utility servicing standards may be relaxed within the boundaries of a proposed
development that will be registered by condominium or bare land condominium plan, provided that:
Adequate fire access, legal road access, and municipal servicing are provided and maintained to the
satisfaction of the Development Authority, and
The applicant, heirs and assigns or the condominium corporation assumes all responsibility for the
construction, maintenance, repair, and replacement of all such roads and utility services within the
condominium plan or bare land condominium plan.
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3.34
DECKS
A Development Permit is required for the construction of a deck if it will be greater than 0.6 m in height
as illustrated in Figure 4.
All covered decks require a Development Permit.
For the purposes of calculating site coverage requirements, where a structure is attached to the principal
building, it shall be deemed part of the principal building and subject to principal building requirements.
Decks must be located in a manner such as to preserve the privacy of adjacent properties.
Figure 4 - Decks
3.35
MITIGATION OF IMPACTS FROM NOISE, ODOR, VIBRATION AND AIR QUALITY
Where, in the opinion of the Development Authority, a development has the potential to create
negative impacts on adjacent uses or nearby residential development in the form of noise, odor,
vibration or air quality, the applicant may be required to submit a mitigation plan demonstrating how
impacts will be mitigated prior to a decision being made on the application.
b) A mitigation plan may be attached as a condition of approval as well as any other measures deemed
necessary by the Development Authority to mitigate impacts pursuant to subsection a) above.
Parking and Loading
3.36
GENERAL PROVISIONS
All off-street parking spaces, loading spaces, manoeuvring aisles, parking pads, and driveways shall be surfaced
within twelve (12) months from completion of the development and thereafter maintained to the satisfaction of
the Development Authority. The Development Authority may require that parking areas or portions thereof be
hard surfaced.
Adequate curbs, concrete bumpers or fences shall be provided to the satisfaction of the Development Authority.
At least 10% of the required number of parking spaces per site, to a maximum of ten (10) and a
minimum of one (1), shall be Barrier-free parking spaces intended for use by mobility-reduced persons.
Barrier Free parking spaces shall:
i.
be designed as a 2.4 m wide parking stall adjacent to a 2.4 m wide access aisle where the access aisle is
demarcated to indicate no parking,
ii.
Be located closest to the entrance of the building for which they are intended,
iii. Have a firm, slip-resistant and level surface,
iv. Have a well-lit, distinguishable, barrier-free path of travel from the parking areas to the building entrance, and
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v.
Be clearly identifiable in accordance with Safety Codes.
Where there are two or more adjacent Barrier Free parking stalls, the 2.4 m wide access aisle may be
shared between spaces.
Each small-car, Barrier Free and loading space shall be identified by a sign and, if the surface is paved, by
pavement markings, to the satisfaction of the Development Authority.
Storage of trailers, boats, recreation vehicles and similar property shall not extend over public road
right-of-way, including sidewalks.
The development of new parking lots, or the expansion of existing parking lots, requires a Development
Permit unless included in a Development Permit for an associated development.
A Parking Space required by this Bylaw shall be located:
On the same parcel as the use or building for which it is required,
On a parcel within 150.0 m of the building or use, if, in the Development Authority's opinion, it is
impractical to provide parking on the same parcel as the building or use, or
Meet the requirements of Section 3.43 for 'Shared Parking'.
It is recommended that an additional number of spaces be considered when the purpose or use of the
building facilities may cause an increase in the number of seniors or persons with disabilities who
require accessible parking, such as, but not limited to, medical services and restaurants.
3.37
NUMBER OF STALLS
a) The minimum number of parking spaces required for each Use is outlined below in Table 5.
b) The number of spaces shall be calculated on the basis of gross floor area.
c) Where a Use is not listed, the number of spaces shall be determined by the Development Authority,
having regard for similar uses and the estimated parking demand of the proposed use,
d) Where a calculation does not yield a whole number, the required number of spaces shall be rounded up
to the next whole number.
e) For multiple-use sites, parking requirements shall be based on the combined parking required for each individual
use, except where a provision for 'Shared Parking' (s. 3.44) is approved by the Development Authority.
f)
When a building is enlarged, altered, or a change in the use occurs, provision shall be made for the
additional parking spaces required under the parking provisions of this Bylaw. Any parking spaces that
may have been removed due to the enlargement or alteration shall be replaced.
Table 5 - Parking Minimums
USE
MINIMUM REQUIRED PARKING SPACES
Accessory Structures and Uses
As required by the Development Authority
Alcohol Production
1 space/100m2
Animal Services (Major) (Minor)
1 space/35m2
Arts and Crafts Studio
1 space/45m2
Auction Facility
1 space/65m2
Automotive (Sales and Service)
1 space/100m2
Automotive (Service)
1 space/45m2
Bed and Breakfast
1 space per guest room
Boarding House
1 space per sleeping unit
Bulk Fuel Station
1 space/100m2
Campground
1 space/pad plus 1 space/10 pads for visitor parking
Cannabis Production Facility
1 space/100m2
Car Wash
3 spaces/bay for queuing
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Care Facility (Child) (Clinic)
1 space/50m2
Care Facility (Large Group) (Small Group)
(Medical)
1 space/75 m2 plus employee parking determined by the
Development Authority
Cemetery and Interment Services
As required by the Development Authority
Drive-Through Business
Automotive (Service) with drive-in bays
Establishment (Eating) with drive through window
Financial Institution with drive-through ATM
All other
Use requirement plus 2 spaces for queuing
Use requirement plus 5 spaces per order board for queuing
Use requirement plus 5 spaces per atm for queuing
As required by the Development Authority
Dwelling (Live-Work, Manufactured Home,
Duplex/Semi, Single Detached)
2 spaces per dwelling unit
Dwelling (Multi-Unit)
1.5 spaces/unit plus visitor parking determined by the
Development Authority
Establishment (Adult)
1 space/50m2
Establishment (Eating and Drinking)
5 spaces/100m2
Establishment (Entertainment)
3 spaces/100m2
Financial Institution
1 space/40 m2
Funeral Home
3 spaces/100m2
Gas Station
1 space/30 m2
Government Services
As required by the Development Authority
Greenhouse
1 space /75 m2
Heavy Vehicle and Equipment Sales and Service
1 space/75 m2
Home-Based Business Type One (HBB1)
N/A
Home-Based Business Type Two (HBB2)
1 space
Hotel/Motel
1 space/unit plus 3 spaces for employee parking
Industrial (Light)
1 space/75 m2
Industrial (Medium) (Heavy) (Logistics)
1 space/125 m2
Intensive Horticultural Operation
1 space/75 m2
Market
As required by the Development Authority
Market Garden
1 space /75 m2
Mixed-Use Development
As required by the Development Authority
Office
1 space/50 m2
Parks and Playgrounds
N/A
Recreation (Culture and Tourism) (Indoor)
1 space/25 m2
Recreation (Outdoor)
As required by the Development Authority
Recycling Facility
1 space/40 m2
Religious Assembly
1 space/50 m2
Retail (Cannabis)
1 space/30 m2
Retail (General) (Large)
1 space/75 m2
Retail (Shopping Centre) (Small)
1 space/50 m2
School
As required by the Development Authority in discussion with the
applicable School Board
School (Commercial)
1 space/30 m2
Secondary Suite (External) (Internal)
1 space/unit
Show Home
The same as the type of Dwelling
Surveillance Suite
1 space/unit
Transportation Service
As required by the Development Authority
Truck Stop
As required by the Development Authority
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3.38
PARKING SPACE DIMENSIONS
Parking space dimensions for the purposes of this Bylaw are outlined below in Table 6 and illustrated in Figure 5.
Table 6 - Parking Space Dimensions
A: Parking Angle
B: Stall Width
C: Stall Depth
D: Aisle Width
Degrees
m
m
m
0
2.4
6.7
3.7
30
2.7
5.5
3.5
45
2.6
6.1
3.9
60
2.6
6.4
5.5
90
2.9
5.6
7.3
Figure 5 - Angle Parking Dimensions
3.39
DESIGN OF PARKING AREAS
A parking/loading space required by this Bylaw shall be designed so that it:
Is reasonably accessible to the vehicles for which it is intended,
Provides safe and efficient vehicle circulation,
Has an aesthetically pleasing appearance from public roadways,
Permits adequate drainage, snow removal, and maintenance, and
Is satisfactory to the Development Authority in size, shape, location and construction.
The stall width and depth requirements for an off-street parking space may be reduced by the
Development Authority where spaces are designed to accommodate compact vehicle parking.
Parking space designs proposing tandem or stacked parking to a maximum of two vehicles per stall may
be approved by the Development Authority provided the spaces are for employee parking only.
Unless approved by the Development Authority, parking spaces for Dwelling (Multi-Unit) should not be
located in the front yard.
The Development Authority may require that the parking spaces for any use, other than for a dwelling
with four (4) or fewer dwelling units, be provided in a parking lot which has limited access to a street.
Where an off-street parking lot includes forty (40) or more at grade parking spaces, the parking spaces
shall be arranged within smaller cells and defined by landscaping.
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Off-street parking areas shall have minimum 1.0 m buffer between the outside edge of the parking stall
and a public roadway.
Off-street parking spaces adjacent to a public roadway shall be provided with bumper blocks, curbing or
other similar protective feature to ensure public safety and prevent vehicle overhang.
Off-street parking areas shall be landscaped in a manner satisfactory to the Development Authority.
Where a use or development may need to accommodate over-sized vehicles such as tractor-trailers,
large recreational vehicles, buses or other similar vehicles, the Development Authority may require
larger parking space and aisle dimensions.
In Residential Districts where a subject property does not provide a side yard sufficient for a driveway,
then one off-street parking pad may be permitted in the front yard to a maximum of 6.1 m in width.
Only one driveway per parcel shall be permitted for single unit residential developments, including
manufactured homes.
Driveways shall be a minimum of 3.0 m and a maximum of 6.1 m in width, unless otherwise approved
by the Development Authority on the basis of merit.
Side-parcel driveways shall be a minimum of 3.0 m from the entrance to a lane (see "B" in Figure 6) and
4.6 m from the intersection of two public roadways (see "A" in Figure 6).
Driveways, parking pads or hard surfaced areas (e.g. paving stones, sidewalks) that cover more than
twenty-five percent (25%) of the total parcel area require a Development Permit.
Figure 6 - Side-Parcel Driveways
3.40
ENTRANCES AND EXITS FOR VEHICLES
Every parcel shall have at least one access point from a public roadway.
Vehicle entrances and exits for Non-Residential Districts, Non-dwelling uses in Mixed-Use Districts, and
on parcels with Multi-Unit Dwellings of more than ten (10) units shall be located at least 9.0 m from an
intersection of two (2) or more roads (including highways).
The design, number and location of entrances and exits for vehicles shall be approved by the
Development Authority based upon the site layout, potential traffic generation and public road facilities.
The Development Authority may require that entrances and exits for vehicles be separate, one-
directional, and/or adequately signed.
Where a curb exists, installation of a driveway may require the removal of the curb for the width of the
driveway and shall be constructed per Town Standards.
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3.41
DEFICIENT PARKING OR LOADING SPACES
Where a development is deficient in parking or loading spaces:
A variance in accordance with Section 2.19 may be requested by the applicant, or
The Development Authority may require the applicant to provide off-street parking on an alternate
site.
When a building is enlarged, or its use is changed or intensified, resulting in deficient parking or loading
spaces the increased parking shall be limited to the requirements for the intensification.
3.42
PAYMENT IN LIEU OF PROVIDING OFF-STREET PARKING
The option of payment in lieu of providing off-street parking spaces shall apply to Commercial Districts
only and shall be subject to the following:
At the option of the Development Officer a developer may, subject to the approval of Council, pay
the Town such amount of money on such terms as Council considers reasonable in return for the
equivalent public parking space to be provided by the Town elsewhere in the District,
A fund to be known as the "Off-Street Parking Fund" is hereby established,
Any money received by the Town in lieu of providing off-street parking spaces shall be paid into the
"Off-Street Parking Fund", and such money shall be used for the development of off-street parking
facilities in the land use district from which the funds are derived, and
The amount of money to be paid into the "Off-Street Parking Fund" shall be a per stall charge,
based on the costs involved in the land acquisition, facility construction and facility maintenance.
The number of stalls to be used in the calculation of a per stall charge shall be based on the parking
requirements listed in Table 5.
3.43
SHARED PARKING
Where a variance is requested based upon the proposed sharing of parking spaces between two or
more uses, the Development Authority may consider the following criteria:
The uses which are proposed to share parking spaces are located in proximity to each other and no
more than 100.0 m from the site of the parking spaces,
The hours of operation and parking demand the uses which are proposed to share parking spaces
are sufficiently different so as to not require use of the parking spaces at the same time, and
The uses which are proposed to share parking spaces are expected to remain in place and the
sharing of parking spaces is expected to continue.
A waiver of the required number of parking spaces which is granted by the Development Authority is
not necessarily transferable to another use of the same parcel.
A shared parking provision based upon the proposed sharing of parking spaces between two or more uses
must include a written agreement between the owners on record. Where such off-site parking is approved,
a caveat shall be registered against the parcel to guarantee the continuous use of the site for parking.
3.44
LOADING SPACE REQUIREMENTS
Loading spaces shall be provided and maintained by the Owner in accordance with the requirements of
the Bylaw.
b) Loading spaces shall be provided entirely within the property of the development being served.
c) One (1) loading space per loading door shall be provided for all developments with a loading door unless
otherwise required by the Development Authority.
d) Loading Spaces Shall:
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Have minimum dimensions of 3.1 m in width and 9.1 m in length,
Have an overhead clearance of 3.9 m,
Be hard surfaced if the access is from a street or lane which is hard surfaced, and
Be designed and located such that no backing and turning movements of vehicles cause
interference with convenient and safe pedestrian movement, traffic flow, or parking on the
adjoining or abutting streets or lanes.
e) The Development Authority may require additional loading areas or doors if necessary.
f)
Each loading area shall provide a doorway into the building sufficient to meet the needs of the use
within the building.
g) The Development Authority may consider a joint loading area for two or more uses if, in the
Development Authority's opinion, such a loading area would facilitate orderly development or relieve
congestion in the immediate area.
3.45
BICYCLE PARKING
Onsite bike racks shall be provided by the applicant of any Dwelling (Multi-Unit) or development within
the Community Services (S-COM) District.
Bicycle racks shall be provided entirely on the same site as the development in proximity to main or side
building entrances.
Bicycle racks shall be separated from vehicle parking by a physical barrier or a minimum 1.5 m of open
space.
Bicycle racks capable of accommodating the number of bicycles that is equivalent to at least 5% of the
minimum number of parking spaces (but in no case less than four bicycles) shall be provided and
located to the satisfaction of the Development Authority.
Bicycle racks shall:
Be constructed of industrial-grade metals with a smooth painted surface to prevent rusting and, as
much as reasonably possible, scratching of bicycle frames,
Be securely affixed to the finished grade, and
Have two points of contact between the bicycle and the rack to allow a wheel and frame to be
locked to the rack.
Signage
3.46
GENERAL PROVISIONS
A sign shall be located entirely within the subject parcel, unless prior written approval granting permission
for the sign to overhang another property is submitted to the Town by the affected property owner.
No permanent sign shall be located or constructed within, or encroach onto or over a right-of-way or
easement without an encroachment agreement.
No sign shall be located on municipal property buildings or structures, except for signs approved by the
Town or other order of government.
A sign shall not be attached to a public bench, tree, light standard, utility pole or any other publicly
owned structure or building without prior written authorization from the Development Authority.
Trees and shrubs shall not be removed or damaged to construct a sign, to make a sign more visible, or
to change copy on a sign.
In all cases signs or their structure shall not be located within 3.0 m of overhead power and service lines.
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The source of light for all sign illumination shall be steady and suitably shielded.
The Town shall not be held liable for any injury, loss or damage suffered by any person or corporate
body which is caused by any sign located in the Town whether or not the sign is in accordance with the
requirements of this bylaw.
The quality, aesthetic appearance and finishing of a sign should have regard for the scale and
architectural character of the site and the land use characteristics of surrounding development.
In reviewing Development Permit applications for signage in the Mixed-Use Downtown (M-DWT)
District, MPC shall utilize the Mainstreet Programme Sign Guidelines to inform their decision.
When a sign cannot be clearly categorized as one of the sign types as defined in this Bylaw, the
Development Authority shall determine the sign type and all applicable controls.
3.47
SIGN MAINTENANCE & REMOVAL
Signs shall be maintained in a neat and safe manner.
Signs that, at the discretion of the Development Authority, are considered damaged, illegible, unsafe or
no longer relevant shall be repaired or removed.
Signs for business without a valid business license, or where the business is no longer in that location
shall be removed.
Where a temporary or portable sign contravenes this Bylaw, a designated Municipal Enforcement
Officer may, without notice, remove and impound the sign if it is located on lands under the control of
the Town of Nanton or the Town of Nanton has the consent of the registered owner of the land where
the sign is located.
The owner of an impounded sign may claim the sign within 30 days by payment of the impoundment
fee described in Fees and Rates Bylaw, as amended.
3.48
DEVELOPMENT PERMIT FOR A SIGN
No sign may be erected or affixed unless a Development Permit has been issued, excluding 'Signs Not
Requiring a Development Permit' (s.3.51),
Notwithstanding a), The Development Authority may issue a Development Permit for a sign as part of
the approval of the building to which the sign pertains, provided the Development Permit application
indicates that there is to be a sign that all information requirements for a sign are met.
Any signs that rotate, employ animation, or digital copy require approval of the MPC.
As part of an application for a Development Permit for a sign, the applicant shall provide a drawing of
the proposed sign drawn of sufficient size and scale to facilitate an adequate review by the
Development Authority, showing:
The proposed dimensions of the sign including the height,
The proposed information to be displayed and the size of letters or numbers to be shown on the sign,
The proposed location of the sign in relation to the property lines, parking, and buildings and the
dimensions of the building and/or the property upon which it is to be situated,
In the case of a sign that is to be attached to and project from a fence, wall, or window more than 0.4
m, the extent of the projection from the fence, wall, or window,
The type of illumination, animation, or changeable copy, if any, and details with respect to the
proposed luminosity intensity and interval,
The distance of the proposed sign from any traffic control device located within 25.0 m of the
proposed sign; the distance from any street intersection located within 25.0 m of the proposed sign,
The type of construction and finish to be utilized, including the colour and design scheme and
material specifications,
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The method of supporting or attaching the sign, including structural and footing details,
In the case of a freestanding sign, an elevation plan showing the height of the sign in relationship to
the height of the principal building taking into account the gradient of the site,
In the case of a freestanding sign in a Non-Residential District, the location of all landscaping, and
The location(s) and sizes of existing utilities, both underground and overhead, all easements and utility
rights-of-way shown and labelled, and other relevant encumbrances.
An application for a Development Permit for a sign shall also be accompanied by:
The name and address of the lawful sign owner.
A letter of authorization from the affected registered property or building owner(s) if the applicant
is not the registered owner or building owner.
The applicant shall provide such other information as may be reasonably required by the Development
Authority. This information may include an engineering report to be provided by a Professional Engineer
for a large or complex sign as determined by the Development Authority.
3.49
PROHIBITED SIGNS
The following signs are prohibited in Nanton:
Billboards,
Roof Signs,
Any Sign that flashes, or emits sound, and
Any sign that obstructs the vision of traffic or conflicts with the general character of the
surrounding streetscape, in the opinion of the Development Authority.
Third-Party Advertising is not permitted in any District, except where allowed as a 'Community
Identification Sign' (s.3.55) or a 'Portable Sign' (s.3.56).
Signs that employ animation, or digital copy are not permitted in any Residential District.
Vehicles shall not be used as a structure for a sign.
3.50
SIGNS NOT REQUIRING A DEVELOPMENT PERMIT
The following signs shall not require a Development Permit, if in the opinion of the Development Authority
they comply with the regulations of this Bylaw and any other applicable policy or legislation.
A sign identifying a political campaign provided that:
The sign is removed within five (5) days following the election to which it relates,
The sign does not interfere with the safe and orderly movement of pedestrians or vehicles, or
restrict the sight lines for pedestrians or motorists,
The sign is not attached to road signs or other municipal structures.
The sign does not exceed 0.9 m2 in area, 1.2 m in height, and is self supporting,
The sign is not posted for more than 60 days, and
The sign is a minimum of 3.0 m from any road access and a minimum of 4.6 m from any
intersection.
A sign identifying a development, construction, or demolition for which approval has been granted
provided that:
The sign does not exceed 3.0 m2 in sign area, and
The sign is removed within 14 days of completion of the project.
A Banner, provided that:
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The banner is not permanently anchored,
The banner is not displayed longer than 30 days, and
The banner does not exceed 2.5 m in height.
Any sign used for Municipal, Provincial, or Federal purposes whether on public or private property,
including informational, directional or wayfinding signage.
A sign identifying the name and address of a building and/or the occupants of a building, provided that
the sign area does not exceed 0.4 m2.
An entrance or exit sign used for the purpose of directing traffic, provided that:
The sign does not display any advertising message, other than a business logo,
The sign area does not exceed 0.9 m2, and
The sign height does not exceed 1.2 m.
In the Mixed-Use Downtown (M-DWT), Mixed-Use Transition (M-TRN), and
Community Services (S-COM) Districts, one A-board sign per business is allowed
subject that:
The sign does not exceed 0.6 m in width and 1 m in height,
The sign does not impede the safe movement of pedestrian traffic or block
a fire exit or doorways,
The sign is removed at the end of the business day,
The sign is not illuminated,
The sign is located on the parcel, or within the adjacent public frontage, and
The sign contains messaging related to the business, event, or promotion.
A real estate sign, provided that the sign is removed within thirty (30) days of the building or parcel
being sold, leased, or rented.
e) Any sign associated with an approved Special Event permit or as exempted in a Special Event policy.
Architectural signs as defined in this bylaw.
A window sign in a non-residential district.
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3.51
AWNING SIGNS
Means a sign attached to a non-retractable structure completely enclosed
overhead, which is intended to be used for business identification and
protection against the weather and which is not supported independently
of any other building structure, adhering to the following requirements:
District
Residential
Prohibited
Mixed
Discretionary
Commercial
Permitted
Industrial
Permitted
Special
Discretionary
Maximum Sign Dimensions
-
Shall not exceed 50% of the awning or canopy structure.
Standards
-
In Commercial Districts (not including C-HWY), and Special Districts,
one (1) awning sign fronting each street bounding the property is
allowed per site or per building on a site.
-
In Industrial Districts, and in C-HWY, two (2) awning signs fronting each
street bounding the property are allowed per site or per building on a site.
-
Awning signs may be either a business or an identification sign.
-
Shall be constructed of durable, waterproof, colourfast material.
-
Shall be attached to the building or structure to which it refers.
-
Should not project more than 1.2 m over municipal property.
-
Should be no closer than 0.9 m to the curb.
-
Shall have a minimum clearance of 2.4 m from grade.
-
An awning sign or any physical supports for the sign shall not extend
beyond the lateral or vertical dimensions of the canopy or its apron.
3.52
DIGITAL SIGNS
Means any sign or portion of a sign that has digital copy, adhering to the following requirements:
District
Residential
Prohibited
Mixed
Prohibited
Commercial
Discretionary
Industrial
Discretionary
Special
Prohibited
Maximum Sign Dimensions
-
2.5m2 sign area
Standards
-
Should be 50.0 m away from a Residential District, or 100.0 m when
positioned in the direction of a Residential District.
-
The display should be static with no motion pictures, scrolling, flashing or
emission of intermittent light, animation, or movement in or between
displays and the change between displays must be immediate.
-
The level of lighting at all times shall be to the satisfaction of the
Development Authority.
-
Fascia Digital Signs must be located on the elevation where the primary
building access is located.
-
Freestanding Digital Signs, abutting an intersection shall be setback at
least 15.0 m from the edge of the road right-of-way perpendicular to
oncoming traffic.
-
In the event of a malfunction, the digital sign must be turned off.
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3.53
FASCIA SIGNS
Means a sign placed flat and parallel to the face of the building
so that no part projects more than 0.3 m from the building,
adhering to the following requirements:
District
Residential
Prohibited (except where noted below)
Mixed
Discretionary
Commercial
Discretionary
Industrial
Discretionary
Special
Discretionary
Maximum Sign Dimensions
-
Shall not exceed 20% of the area of the wall on which they are placed.
-
Shall not exceed a maximum coverage size of 9.3 m2 for large walls in
excess of 22.86 m in length.
-
Display of text, including a business name or commercial message,
within a mural shall not exceed 10% coverage of the wall surface area,
up to a maximum coverage size of 9.3 m2.
Standards
-
In Commercial Districts (not including C-HWY), and Special Districts,
one (1) fascia sign fronting each street bounding the property is
allowed per site or per building on a site.
-
In Industrial Districts, and in C-HWY, two (2) fascia signs fronting each
street bounding the property are allowed per site or per building on a site.
-
In Residential Districts, a fascia sign shall only be permitted to advertise
a 'Bed and Breakfast' (s.4.3).
-
Fascia signs shall:
be painted on or safely and securely attached to the building.
not project more than 0.3 m from the face of a building.
not project above the top of the vertical face of the wall to which
they are attached.
-
Fascia signs should be located on the business frontage
-
Whenever there is a band of several fascia signs, they should be of a
consistent size and located near the same level as other similar signage
on the premises and adjacent buildings.
Murals
-
No more than one mural shall be allowed per building unless
specifically authorized by the MPC.
-
The mural must be a painting or other decorative work (artistic
rendering/scene) and no mural shall be created to solely display a
commercial message or depiction.
-
The location, theme, construction materials and size associated with
the mural shall be to the satisfaction of the Development Authority.
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3.54
FREESTANDING SIGNS
Means a sign on a standard or column permanently attached to the ground
and which is not connected in any way to any building or other structure,
adhering to the following requirements:
District
Residential
Discretionary
Mixed
Discretionary
Commercial
Permitted
Industrial
Permitted
Special
Discretionary
Maximum Sign Dimensions
-
Residential, 1.0 m² sign area
-
Residential, 1.21 m sign height
-
Non-Residential, 6.0 m height with a minimum clearance of 3.0 m from
grade
-
Non-Residential, 6.0 m2 sign area
Standards
-
Development Permits for freestanding signs in all Residential or Special
districts require the approval of the MPC.
-
In Residential Districts, freestanding signs shall not be permitted except
the following purposes:
i. Community identification,
ii. Approved multi-unit residential development projects,
iii. Institutional projects or uses, or
iv. Advertisements for a 'Bed and Breakfast' (s.4.3)
-
In Commercial Districts (not including C-HWY), and Special Districts,
one (1) freestanding sign fronting each street bounding the property is
allowed per site or per building on a site.
-
In Industrial Districts and in C-HWY, two (2) freestanding signs fronting
each street bounding the property are allowed per site or per building
on a site.
-
Where there are multiple freestanding signs on the same side of a
roadway, there should be a 30.0 m separation distance between signs.
-
Freestanding signs shall be a minimum of 1.5 m from any property line.
Community Identification Signs
-
Community Identification Sign's require the approval of the MPC.
-
Advertising space within Community Identification Sign structures does
not require a permit.
-
The total sign area for a Community Identification Sign shall not exceed
40.0 m2.
-
All Community Identification Signs shall be located on town-owned or
town-sponsored sign structures.
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3.55
PORTABLE SIGNS
Means any sign or advertising device that can be carried or
transported from one site to another, adhering to the following
requirements:
District
Residential
Prohibited
Mixed
Prohibited
Commercial
Discretionary
Industrial
Discretionary
Special
Discretionary
Maximum Sign Dimensions
-
3.71 m² sign area
-
2.5 m sign height
Standards
-
Only one (1) portable sign will be permitted on a property at one time.
-
There shall be a minimum distance of 15.0 m between any two
portable signs.
-
Portable signs shall not be permitted within 15.0 m of a site which
contains residential development.
-
A Development Permit issued for a portable sign will be valid for a
period of no longer than 180 days.
-
Requests for longer time periods shall be made to the MPC.
-
Once the permit has expired for a portable sign at a location address,
re-application for another temporary sign on the same site shall not
occur until 30 days has elapsed from the expiration of the previously
approved permit or 30 days from the date at which the temporary sign
is removed, whichever is the later of the two dates.
-
Portable signs shall not use animation or digital copy.
-
All portable signs are restricted to the parcel for which a Development
Permit has been issued.
-
At the discretion of the MPC portable signs may contain Third-Party
Advertising.
-
The Development Authority may require the posting of a security, in
alignment with Section 2.25, to ensure compliance with any and all
conditions of approval and the removal of the sign on or before the date
of expiry of the permit.
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3.56
PROJECTING SIGNS
Means a sign which projects at a 90o angle from a structure or a building
face, adhering to the following requirements:
District
Residential
Prohibited
Mixed
Discretionary
Commercial
Discretionary
Industrial
Discretionary
Special
Discretionary
Maximum Sign Dimensions
-
Sign height shall not exceed the lesser of:
The height of the eave line or roof line, or
6.1 m.
Standards
-
One (1) projecting sign fronting each street bounding the property is
allowed per site or per building on a site.
-
Projecting signs shall not project more than 0.9 m from a building.
-
Projecting signs shall have a minimum vertical clearance of 2.4 m from
grade.
-
Shall not project more than 1.0 m above the height of the principal
building.
-
Shall have a maximum space between the supporting structure and
the sign of 0.6 m.
-
Shall not project into lanes.
-
Projecting signs shall be placed:
At right angles to the building face to which they will be attached, or
In the case of corner sites, placed at equal angles to the building
faces that form the corner.
3.57
WINDOW SIGNS
Means a sign permanently attached and located within a building so as to
be visible through a window or door outside of the building.
District
Residential
Discretionary
Mixed
Permitted
Commercial
Permitted
Industrial
Permitted
Special
Permitted
Maximum Sign Dimensions
-
Residential, 0.37 m2 sign area
-
Non-residential, shall not exceed 50% of the subject window area
Standards
-
In any residential district, a maximum of one window sign per parcel
may be allowed at the discretion of the Development Authority.
-
In non-residential districts, a permanent window sign painted on,
attached to or installed on a window does not require a Development
Permit in accordance with Section 3.51.
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4
SECTION FOUR
Specific Uses and Activities
This section outlines specific regulations that apply to particular types of development within Town.
4.1
SPECIFIC USE REQUIREMENTS
The Development Permit requirements outlined for specific uses in this section are over and above the
development permit application requirements stated within 'Development Permit Applications' (s.2.6).
The Development Authority shall have regard to these requirements in addition to the requirements of
'Development Permit Applications' (s.2.6).
4.2
ANTENNA SYSTEMS
General Requirements
Unless excluded under Section 6 of CPC-2-0-03 - Radiocommunication and Broadcasting Antenna Systems,
an Antenna System shall be reviewed by the Development Authority to ensure concurrence with the Bylaw.
Site Requirements
The system's tower shall be set back a minimum distance equal to the height of the tower from all parcel lines,
and a minimum distance of 3.0 m from any other structure on the parcel on which the system is located.
Development Permit Requirements
A Development Permit application will respond to the above noted requirements and shall include the
following:
Any feedback from Transport Canada based on the submission of the Aeronautical Obstruction
Clearance form including aeronautical obstruction marking requirements,
Any feedback from NAV CANADA based on the submission of the Land-use Proposal Submission form,
A Site Plan showing:
a.
the location and dimensions of the system tower including the locations of any anchors,
b.
all existing buildings, structures on the parcel,
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c.
all distances from the system tower and any anchors to property lines
d.
all distances between the system tower and other buildings or structures on the parcel, and
e.
such other considerations as the Development Authority may deem to be relevant.
4.3
BED AND BREAKFAST
General Requirements
A Bed and Breakfast shall not create a nuisance by way of noise, parking or traffic generation.
A Bed and Breakfast shall be an incidental and subordinate use to the principal dwelling.
Site Requirements
Alterations to the principal building shall not be made, unless approved by the Development Authority
and Safety Officer.
A Bed and Breakfast shall not provide for more than three (3) guest rooms in addition to the family of
the owner.
A kitchen shall not be included in any guest room.
One (1) off-street parking space per guest room may be required, however on street parking may be
provided at the discretion of the Development Authority.
One (1) Fascia Sign or Freestanding Sign up to a maximum of 0.37 m² in size is allowed at the discretion
of the Development Authority.
Development Permit Requirements
A Development Permit application will respond to the above noted requirements, any health
regulations and any Provincial requirements.
4.4
RETAIL (CANNABIS)
General Requirements
The business must obtain and maintain a current Town of Nanton business license.
Site Requirements
The property line of a parcel containing a Retail (Cannabis) use shall not be permitted within 50 m of:
A public school,
A provincial health care facility, or
Designated parks and playgrounds.
The specified separation distances as described in subsection c) above are reciprocal and also apply to
those described uses (e.g. public school, provincial health care facility) applying for Development Permit
locating in proximity of an established Retail (Cannabis) use.
Development Permit Requirements
A Development Permit application will respond to the above noted requirements and
i.
Prior to applying for a Development Permit for Retail (Cannabis), the applicant is required to apply to
the Alberta Gaming Liquor and Cannabis (AGLC) for a determination of eligibility to obtain a license
and submit verification of the AGLC eligibility as part of the Development Permit application.
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4.5
CANNABIS PRODUCTION FACILITY
General Requirements
The owner or applicant must provide as a condition of development a copy of the current license for all
activities associated with cannabis production as issued by Health Canada.
The owner or applicant must obtain any other approval, permit, authorization, consent or license that
may be required to ensure compliance with applicable federal, provincial or other municipal legislation.
The development must include equipment designed and intended to remove odours from the air where
it is discharged from the building as part of a ventilation system.
Site Requirements
The development must be done in a manner where all of the processes and functions are fully enclosed within
a stand-alone building including all loading stalls and docks, and garbage containers and waste material.
The development shall not include an outdoor area for storage of goods, materials or supplies.
The development must not be within 75.0 m of a residential or a public institutional district, measured
from the building foundation containing the use to the nearest property line of a parcel designated as a
residential or a public institutional district.
Development Permit Requirements
A Development Permit application will respond to the above noted requirements.
4.6
CAR WASH
General Requirements
Points of access and egress shall be located to the satisfaction of the Development Authority.
Site Requirements
The site area shall contain a queue for a minimum of two (2) vehicles prior to their entry into any part of
the cleaning process for which they are bound and queue requirement for one (1) vehicle behind the
part of the building in which the cleaning process takes place.
The site and all improvements thereon shall be maintained in a clean and tidy condition, free from
rubbish and debris.
All parts of the site to which vehicles may have access shall be hard-surfaced and drained to the
satisfaction of the Development Authority.
Receptacles for the purpose of disposing of rubbish, debris and other waste material shall be provided
as required by the Development Authority.
Development Permit Requirements
A Development Permit application will respond to the above noted requirements.
4.7
SURVEILLANCE SUITES
General Requirements
A Surveillance Suite shall be clearly subordinate to and compatible with the principal use.
No more than one (1) Surveillance Suite shall be located on a parcel.
Where a surveillance suite is attached to the building on a site by a roof, an open or enclosed structure,
floor or a foundation, it is to be considered a part of the principal building.
A Surveillance Suite may be located in a Dwelling (Manufactured Home), but shall not be located in a
Recreational Vehicle.
Where a surveillance suite is a Dwelling (Manufactured Home) unit, the following shall apply:
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The unit shall have a CSA certification or equivalent, proof of which shall accompany the
development permit application,
The unit shall be secured and skirted to the satisfaction of the Development Officer or Municipal
Planning Commission, as the case may be.
Site Requirements
The minimum and maximum floor area of any detached surveillance suite shall be 50 m2 and 100 m2 respectively.
A minimum of one (1) dedicated off-street parking stall shall be provided.
Development Permit Requirements
A Development Permit application shall respond to the above noted requirements and further set out:
The appearance of the Surveillance Suite, and
The screening, storage, collection, and disposal of solid waste.
An applicant is required to submit the following in support of a Development Permit:
A Site Plan illustrating the location of the Surveillance Suite.
4.8
DEMOLITION OR REMOVAL OF BUILDINGS OR STRUCTURES
General Requirements
The demolition or removal of a Building is allowed in all Districts.
Site Requirements
None.
Development Permit Requirements
Prior to the Demolition or removal of a Building, a Development Permit must be approved by the
Development Authority.
Notwithstanding c), a Development Permit is not required where:
The demolition or removal of a Building is a result of a Development for which a Development
Permit has already been approved and issued, and/or
The building that is being demolished or removed does not require a Development Permit as noted
in 'Development Not Requiring a Development Permit' (s.2.2).
A Building Permit shall be required, as per the Safety Codes Act, for the Demolition or removal of any Building.
4.9
DRIVE-THROUGH BUSINESS
General Requirements
The owner or operator of a drive-through shall at all times maintain the parcel, its buildings and
structures in a clean, neat, tidy, and attractive condition, free from rubbish and debris.
Site Requirements
A minimum of two (2) vehicle-queuing spaces must be provided for each pump lane or service bay for
Automotive (Service) with drive-through facilities.
The site for drive-in eating establishments must have a minimum of five (5) vehicle queuing spaces per
order board or ordering window provided in the drive through aisle for the purpose of queuing vehicles.
If outdoor speakers are provided, they shall be a minimum 20.0 m from the property boundary of a
parcel designated as a residential district and separated from a residential district by a building, sound
fence, or landscaping to the satisfaction of the Development Authority.
Exits and entrances shall be as approved by the Development Authority, and circulation within the
parcel shall be directional and adequately signed.
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Areas required for parking or circulation of vehicles shall be hard surfaced to the satisfaction of the
Development Authority.
Front, side, and rear yards abutting on parking or circulation areas shall be landscaped to the
satisfaction of the Development Authority.
Development Permit Requirements
A Development Permit application shall respond to the above noted requirements.
An applicant is required to submit a Site Plan illustrating how motor vehicles will enter and exit the
Drive-Through and not obstruct adjacent sidewalks, streets or lanes.
An applicant may be required to submit a Traffic Impact Assessment.
4.10
EXCAVATION, STRIPPING & GRADING
General Requirements
Excavation, Stripping and Grading activities are considered a Discretionary Use in all Districts.
Site Requirements
None.
Development Permit Requirements
A Development Permit application shall respond to the above noted requirements and further provide:
A description of the excavation, stripping or grading operation proposed,
A plan showing the location of the area of the operation relative to site boundaries and depth of
excavation or the quantity of topsoil to be removed,
A detailed timing and phasing program covering the length of the proposed operation,
A plan showing the final site conditions following completion of the operation and any land
reclamation proposals where applicable, and
A description of the measures to be taken for the prevention or lessening of dust and other
nuisances during and after the operation.
The Development Authority may require a security, in alignment with Section 2.25, up to the value of
the estimated cost of all or any proposed work/activities, including final grading and landscaping, to
ensure that same is carried out with reasonable diligence.
4.11
GAS STATION
General Requirements
None.
Site Requirements
All parts of the site to which vehicles have access shall be hard surfaced and drained to the satisfaction
of the Development Authority.
The layout shall be so designed that vehicles may be served and bulk fuel may be delivered without any
obstruction of the public.
No part of a Gas Station building or any pump island shall be within 6.0 m of front, side or rear property lines.
Above ground fuel storage tanks shall be placed in accordance with the Safety Codes Act and any other
applicable regulations in this Bylaw.
Development Permit Requirements
A Development Permit application shall respond to the above noted requirements and follow provincial
site guidelines.
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4.12
HOME-BASED BUSINESS TYPE ONE (HBB1)
General Requirements
HBB1 Development is ancillary to the residential use of a principal dwelling and is not allowable in an
otherwise unoccupied dwelling.
No activity may be carried on which constitutes a nuisance or annoyance to persons occupying land in
the immediate vicinity of the parcel, by reason of traffic, parking, noise, or odours, etc.
Automotive (Service) shall not qualify as HBB1.
Non-Resident employees are not allowed.
Goods, equipment or materials which are not a fire or health hazard may be stored on the site provided
the storage of such is contained entirely within the dwelling or a garage.
The use or handling of materials or equipment related to a HBB1 shall not extend outside the period
from 7:00 a.m. to 9:00 p.m. on weekdays
A maximum of one (1) customer, including any business-related visitors, may be at the premises at any one time.
Site Requirements
No physical changes to the external appearance of the residential property shall be allowed as a result
of the establishment of a HBB1.
No signs related to an HBB1 are allowed on site.
Only one (1) commercial vehicle of a maximum of one (1) ton capacity related to a HBB1 shall be allowed.
Development Permit Requirements
HBB1 does not require a Development Permit, in alignment with Section 2.2, so long as the above noted
requirements are adhered to.
4.13
HOME-BASED BUSINESS TYPE TWO (HBB2)
General Requirements
HBB2 Development is ancillary to the residential use of a principal dwelling and is not allowable in an
otherwise unoccupied dwelling.
No activity may be carried on which constitutes a nuisance or annoyance to persons occupying land in
the immediate vicinity of the parcel, by reason of traffic, parking, noise, or odours, etc.
One (1) non-resident employee is allowed at any one time.
Goods, equipment or materials which are not a fire or health hazard may be stored on the site provided
the storage of such is contained entirely within the dwelling unit or garage.
One (1) accessory building or structure may be constructed solely for the purpose of storing goods
required for an activity or operation for which a HBB2 permit has been approved.
The use or handling of materials or equipment related to a HBB2 shall not extend outside the period
from 7:00 a.m. to 9:00 p.m. on any day.
A maximum of two (2) customers, including any business-related visitors, may be at the premises at any
one time.
Notwithstanding g) up to six (6) children may be at the premises at any one time if the HBB2 is a day home.
Site Requirements
No physical changes to the external appearance of the residential property shall be allowed as a result
of the establishment of a HBB2.
One (1) Window Sign is allowed at the discretion of the Development Authority.
Only one (1) commercial vehicle of a maximum of one (1) ton capacity related to a HBB2 shall be allowed.
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Development Permit Requirements
A Development Permit for a HBB2 shall only be valid for the address identified at the time of approval.
A Development Permit application will respond to the above noted requirements and any other
information deemed necessary by the Development Authority.
The Development Permit for an HBB2 is non-transferable should ownership of a property change.
The Development Authority will require proof of consent from the building manager or registered owner
or those home occupations proposed to be operated in multi-unit building and/or rental dwellings.
4.14
LIVE-WORK UNIT
General Requirements
The non-residential portion of live-work units shall be limited to the Permitted and Discretionary Uses in
the appropriate District.
Site Requirements
The minimum size of a dwelling unit shall be 65 m2.
Development Permit Requirements
A Development Permit application will respond to the above noted requirements.
4.15
MOVED-IN BUILDINGS
General Requirements
No person shall relocate any building, make changes in location of a building, or move a building unless
and until they have obtained a Development Permit from the Development Authority.
The building and the land upon which it is to be located shall be subject to all conditions and regulations
specified for the particular District.
The Development Officer or safety codes officer may inspect the proposed building, at the developer's
expense, prior to relocation.
Site Requirements
The quality of the completed building shall be at least equal to or better than the quality of the other
buildings in the area and shall comply with any applicable architectural guidelines.
Non-permanent structures such as garden sheds and moved-in storage sheds shall be located only in
rear yards and side yards.
Development Permit Requirements
A Development Permit application will respond to the above noted requirements and further provide:
Recent colour photographs of all elevations of the moved-in building.
The requirements of the building shall be established by the Development Authority at the time of
approval of the application and shall form a part of the conditions of the development permit.
A limit of the time of completion and full compliance with all stipulated requirements shall be
established by the Development Authority at the time of the approval of the application.
The Development Officer may require a security of $5,000 for moved-in buildings, in alignment with
Section 2.25,.
The building shall comply with all provincial and municipal health and fire regulations prior to occupancy
and the release of the security.
A report by a building inspector regarding each application shall be filed before any such application
shall be considered by the Development Authority.
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Town of Nanton
Land Use Bylaw
Bylaw No. 1389/24
4.16
SECONDARY SUITE (EXTERNAL)
General Requirements
In developing a Secondary Suite (External), the owner shall comply with all relevant requirements of the
National Building Code - Alberta Edition. The issuance of a Development Permit does not relieve the
applicant of the requirement to comply with the National Building Code - Alberta Edition.
The number of Secondary Suites on a given parcel is regulated in each applicable District.
Site Requirements
A minimum of one (1) off-street parking space shall be provided for the exclusive use of the Secondary
Suite (External).
If parking space is provided in the required front yard, a minimum of 30% of the front yard must remain
as landscaped area.
A Secondary Suite (External) must have full utility services through service connections from the
principal residence.
A Secondary Suite (External) shall:
Be located in a rear or side yard,
Meet side yard setback requirements for the principal building,
Meet the rear yard setback requirements for an accessory building,
Not exceed 15% of the parcel coverage or 80 m², whichever is less, and
Be architecturally compatible with the principal dwelling unit.
Consideration should be given to privacy for the suite, the principal dwelling unit, and dwelling unit(s)
on adjacent properties through the placement of windows, decks and balconies.
A Secondary Suite (External) must be located a minimum of 4.0 m from the principal dwelling.
Development Permit Requirements
A Development Permit application will respond to the above noted requirements and further provide:
A Floor Plan,
Elevations for the Secondary Suite (front, side and rear),
A Site Plan detailing amenity space for the unit, and any landscaping or screening, and
Colour photographs of the existing site and surrounding area.
The Development Authority shall consider the following matters as part of the decision-making process
for an application for a Secondary Suite (External):
The potential effect of the development on the privacy of adjacent properties,
The on-site and neighbourhood impact on parking and traffic, and
The compatibility of the use in relation to the siting, grade elevations, height, building types and
materials characteristic of surrounding development.
4.17
SECONDARY SUITES (INTERNAL)
General Requirements
In developing a Secondary Suite (Internal), the owner shall comply with all relevant requirements of the
National Building Code - Alberta Edition. The issuance of a Development Permit does not relieve the
applicant of the requirement to comply with the National Building Code - Alberta Edition.
The number of Secondary Suites (Internal) on a given parcel is regulated in each Residential and Mixed-
Use District.
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The number of Secondary Suites on a given parcel is regulated in each applicable District.
Site Requirements
A minimum of one (1) off-street parking space shall be provided for the exclusive use of the Secondary
Suite (Internal).
If parking space is provided in the required front yard, a minimum 30% of the front yard must remain as
landscaped area.
Secondary Suites (Internal) must have full utility services through service connections from the principal
residence.
A Secondary Suite (Internal) shall not exceed 40% of the gross floor area of the principal building,
including upper floors and basement combined or 80 m2, whichever is less.
The Secondary Suite (Internal) must have a separate access either through a dedicated entryway from
the exterior of the dwelling or through a separate entrance within a common landing, which shall be
located at the side or rear of the principal dwelling
Development Permit Requirements
A Development Permit application will respond to the above noted requirements and further provide:
A Floor Plan.
The Development Authority shall consider the following matters as part of the decision-making process
for an application for a Secondary Suite (Internal).
The potential effect of the development on the privacy of adjacent properties, and
The on-site and neighbourhood impact on parking and traffic.
4.18
SOLAR COLLECTOR (ROOF/WALL)
General Requirements
The Solar Collector (Roof/Wall) shall be located on the roof or wall of a building.
Site Requirements
Within the Residential Districts:
A solar collector located on a roof with a pitch of less than 4:12 must not extend beyond the
outermost edge of the roof, but may:
a.
Project a maximum of 0.5 m from the surface of the roof when the solar collector is located
5.0 m or less from a side property line, measured directly from any point along the side
property line, and
b.
Where the solar collector is located more than 5.0 m from a side property line, may project a
maximum of 1.3 m from the surface of the roof.
A solar collector located on a roof with a pitch of 4:12 or greater may project a maximum of 1.3 m
from the surface of the roof, and must not extend beyond the outermost edge of the roof.
Within Non-Residential Districts:
A solar collector located on a roof with a pitch of less than 4:12 may project a maximum of 2.0 m from
the surface of the roof, and must be located at least 1.0 m inward from the outermost edge of the roof.
A solar collector located on a roof with a pitch of 4:12 or greater may project a maximum of 1.3 m
from the surface of the roof, and must not extend beyond the outermost edge of the roof.
A Solar Collector (Roof/Wall) located on a pitched roof shall not project vertically beyond the height of
any existing roofline or any roof peak.
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In all instances, the maximum distance by which a Solar Collector (Roof/Wall) may project from the
surface of the roof is determined by measuring the perpendicular distance between the surface of the
roof and the exterior surface of the solar collector.
A Solar Collector (Roof/Wall) that is located on a wall may project a maximum of 0.6 m from the surface
of that wall.
Development Permit Requirements
Solar Collector (Roof/Wall) does not require a Development Permit in alignment with Section 2.2, so
long as the above noted requirements are adhered to.
4.19
SOLAR COLLECTOR (FREESTANDING)
General Requirements
A Solar Collector (Freestanding) shall be an accessory use to the principal use on a parcel located in a
Non-Residential District.
Site Requirements
A Solar Collector (Freestanding) shall:
Not project vertically beyond the height of any existing roofline or any roof peak of the principal building,
Comply with the setback requirements for accessory buildings of the District,
Only be located in a side yard or rear yard,
Not encroach into the front yard when located in a side yard,
Be located and arranged so that,
a.
Glare is not directed at an adjacent site and indirect glare does not adversely affect an
adjacent site, and
b.
Traffic safety is not adversely affected, and
not be located adjacent to a Residential District.
Development Permit Requirements
A Development Permit application for a Solar Collector (Freestanding) shall respond to the above noted
requirements.
4.20
SMALL WIND ENERGY SYSTEMS
General Requirements
Any proposed Small Wind Energy Conversion System (SWECS) shall align with the Alberta Micro-
Generation Regulation, as amended.
The sound produced by the SWECS under normal operating conditions, as measured at the property line
shall not exceed 60 dBA or 6 dBA over the background noise, whichever is greater.
When decommissioning a SWECS the applicant or registered owner shall submit documentation to the
Development Authority demonstrating that the system has been disconnected from any electrical utilities.
Site Requirements
A maximum of one (1) SWECS may be located on a parcel within Districts where listed as a use.
The SWECS shall be setback from all property lines a distance equal to the height of the system.
The blade clearance of any SWECS shall not be less than 4.6 m above grade.
Any guy wires associated with a SWECS shall be accommodated entirely within the parcel and must be
clearly visible from grade to a height of 1.8 m.
The SWECS shall not display advertising or other marketing.
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Bylaw No. 1389/24
Development Permit Requirements
Prior to the installation of a SWECS the applicant shall obtain:
A Development Permit application for a proposed SWECS respond to the above noted requirements and
further provide:
Documentation proving all relevant federal and provincial permits and permissions, notably Alberta
Utilities Commission approval.
An electrical permit, and if applicable, a Building Permit,
A site plan indicating the exact location of the SWECS on the parcel and all buildings and structures,
registered easements or rights-of-way, and any overhead utilities, dimensioned to the property
lines and drawn to a satisfactory scale,
Engineered plans, prepared by a professional engineer, for SWECS that are mounted or attached to
any building demonstrating that the building can support the SWECS, and
The Development Authority may require as a condition of approval that any SWECS be surrounded by a
security fence with a lockable gate not less than 1.8 m in height.
4.21
SHIPPING CONTAINERS
General Requirements
Shipping Containers shall only be allowed in Districts where listed as a use. Shipping Containers are
prohibited in all other Districts.
There shall be a legal primary use on the property where a Shipping Container is proposed.
Shipping Containers are permitted to be used for storage only and shall not be used as a dwelling, a
building, or as construction material.
Site Requirements
A maximum of two (2) Shipping Containers shall be located on a parcel within Districts where listed as a use.
A Shipping Container may only be permitted in the rear yard, side yard, or side yard (corner).
A Shipping Container shall not display advertising, company logos, names or other marketing without an
approved Development Permit.
The Development Authority may require that:
A Shipping Container be screened from view or landscaped to make it aesthetically pleasing,
Any Shipping Container be sandblasted and painted a neutral or complementary colour to match
the existing building(s) on the property, and/or
The exterior of the Shipping Container be kept clean and regularly painted in a neutral or
complementary colour to match the existing building(s) on the property.
Notwithstanding subsection a), a Shipping Container may be placed temporarily on a construction site
for the period of construction, in any District where the Shipping Container is needed in connection with
construction of a development for which a Development Permit has been issued.
Development Permit Requirements
A Development Permit application for a Shipping Container shall respond to the above noted
requirements, and further provide:
The applicable application fee, and
A minimum of two recent colour photographs of each container (one end view and one side view).
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4.22
TEMPORARY DEVELOPMENT
General Requirements
Notwithstanding any provisions of this Bylaw, the Development Authority may conditionally approve a
development on a temporary basis in any District provided that the use, building, or structure is listed as
either a Permitted or Discretionary Use in the relevant District.
The Development Authority may approve a Temporary Development Permit if, in their opinion, the use
would not unduly interfere with the amenities of the surrounding neighbourhood, or materially
interfere with or affect the use and enjoyment of neighbouring parcels.
Site Requirements
Any temporary buildings or structures shall not be placed on permanent foundations.
Development Permit Requirements
When considering an application for a Temporary Development Permit, the Development Authority
shall have regard to the location and its proximity to residential properties, traffic access and parking,
and the availability of utility services.
The Development Authority may issue a Temporary Development Permit for a period of not more than
one (1) year.
After the expiration of the Temporary Development Permit, the applicant shall:
Cease or remove the use or development, or
Make written application to the Development Authority for renewal of the permit setting forth the
reasons therefore, not later than sixty (60) days prior to the day on which the Development Permit
will cease to be in effect. There shall be no obligation to approve it on the basis that the previous
permit had been issued.
The Development Authority may require a security, in alignment with Section 2.25, of a minimum
$5000to a maximum value of up to fifty percent (50%) of the assessed value of the development to
ensure the conditions of the Development Permit are met.
The Town shall not be liable for any costs involved in the cessation or removal of any use or
development upon the expiry of the permit.
4.23
SHOW HOMES
General Requirements
The construction of or use of a new, unoccupied dwelling unit for the purpose of a show home for the
sale or marketing of other dwelling units by a builder or developer within a subdivision or development
may be approved as a temporary use in all Residential Districts and the Commercial Districts.
There shall be a sign posted at the show home identifying it as such.
The advertised hours that the show home is open to the public shall not be earlier than 9:00 a.m. or
later than 9:00 p.m.
Conditions of the permit do not limit the private showing by appointment of the show home at any time.
Site Requirements
A dwelling occupied as a residence shall not be used as a show home, sales office or as a facility to
demonstrate a builder's construction quality or methods.
The show home shall not be open to the public for viewing until the road accessing the show home is
developed to municipal standards.
Development Permit Requirements
A Development Permit application shall respond to the above noted requirements.
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4.24
ALCOHOL PRODUCTION
General Requirements
Alcohol Production shall not generate odour, dust, waste or delivery traffic in excess of that which is
characteristic of the District in which it is located.
The developer or applicant may be requested to provide a water and wastewater use analysis to
determine peak water demand and whether effluent discharged complies with municipal sewer
regulations and wastewater treatment plant capabilities.
Site Requirements
There shall be no outdoor manufacturing activities, or unenclosed outdoor storage of material or
equipment associated with the business.
Any public entrances, outdoor public spaces and outdoor private hospitality areas shall not be located
next to an abutting residential use.
Development Permit Requirements
A Development Permit application will respond to the above noted requirements.
The developer or applicant shall provide copies of all approved Alberta Gaming Liquor and Cannabis
licenses as a condition of the Development Permit.
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Land Use Bylaw
Bylaw No. 1389/24
5
SECTION FIVE
Land Use Districts
This section outlines specific regulation that applies to the Town's Land Use Districts.
5.1
LAND USE DISTRICT MAP
Districts are described in the short form on the Land Use District Map, within Schedule A of this Bylaw.
District boundaries are delineated on the Land Use District Map. Where the precise location of the
boundary is uncertain, the following rules apply:
i.
Where a boundary follows a street, lane, stream or canal it shall follow the centreline thereof,
ii.
Where a boundary generally follows a parcel line, it shall follow the parcel line,
iii. Where specific dimensions are noted on the Land Use District Map, those dimensions shall be
followed, and
iv. Where there is doubt or dispute concerning the exact location of the boundary of a District, Council
shall determine the location of the boundary according to the direction of this Bylaw.
Boundaries shall not be altered except by an amendment to this Bylaw.
Council shall maintain a list of amendments to the boundaries on the Land Use District Map and update
the local GIS database to reflect amendments.
5.2
IMPACT OF SUBDIVISION
Where a property boundary is adjusted by subdivision, or by the inclusion of closed road or other land not
previously assigned a land use class, the Land Use District boundary follows the new property boundary.
Where parcels with different Land Use Districts are proposed for consolidation, a Land Use
Redesignation shall be carried out prior to consolidation in accordance with Section 1.24,
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5.3
LAND USE DISTRICT CONVERSION
Districts in the Bylaw have been amended as follows:
LAND USE BYLAW 1246/13
LAND USE BYLAW 1389/24
--
New
R-LRG
Residential, Large Lot District
R1
Single Detached Residential
R-GEN
Residential, General District
R2
Two-Unit Residential
R-GEN
Residential, General District
R3
Multiple Residential
R-GEN
Residential, General District
R4
Manufactured Home Residential
R-NAR
Residential, Narrow Lot District
R5
Residential Mixed Use
M-TRN
Mixed-Use Transition District
C1
Retail/General Commercial
M-DWT
Mixed-Use Downtown District
C2
Highway Commercial
C-HWY
Commercial, Highway District
C3
Neighbourhood Commercial
M-TRN
Mixed-Use Transition District
IN
Industrial
I-LHT
Industrial, Light District
--
New
I-HVY
Industrial, Heavy District
--
New
S-ASL
Special, Agricultural Society Lands District
PI
Public Institutional
S-COM
Special, Community Services District
AT
Agricultural Transition
S-FUD
Special, Future Urban Development District
--
New
S-NOS
Special, Natural Open Space District
DC
Direct Control
DC
Direct Control
DC Direct Control Districts
5.4
GENERAL REGULATIONS
Direct Control Districts provide for development that, due to unique characteristics, innovative ideas, or
unusual site constraints, require specific regulations unavailable in other Districts.
Land uses and development regulations within a Direct Control District shall be at the discretion of
Council.
Direct Control Districts must not be used:
i.
In substitution of any other Land Use District in this Bylaw that could be used to achieve the same
result either with or without relaxations of this Bylaw, or
ii.
To regulate matters that are regulated by subdivision or Development Permit approval conditions.
Where a parcel is designated Direct Control, the guidelines approved by Council at the time of such
designation shall continue to apply, notwithstanding any requirement of this Bylaw to the contrary.
5.5
DIRECT CONTROL DISTRICT APPLICATIONS
Application requirements for the submission of a Direct Control District include:
All information required for an Application to Amend the Bylaw (s. 1.23),
A written statement indicating why, in the applicant's opinion, a Direct Control District is necessary
and why the same results cannot be achieved through the use of a Land Use District in this Bylaw,
A list of Permitted and Discretionary Uses proposed for the site,
Plans and elevations or other documentation, that would help to substantiate the need for the
Direct Control District, and
Any other information as may be required by the Development Authority and Council.
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R-LRG Residential, Large Lot District
PURPOSE: To accommodate single-detached dwellings with a minimum size requirement on large urban parcels.
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure
Accessory Use
Bed and Breakfast
Home-Based Business Type Two (HBB2)
Care Facility (Child)
Secondary Suite (External)
Dwelling (Single Detached)
SWECS
Moved In Dwelling
Parks and Playgrounds
Secondary Suite (Internal)
Solar Collector (Roof/Wall)
Utilities
Those uses, not otherwise defined in the Bylaw, which in the opinion of the Development Authority are similar to
the Permitted or Discretionary Uses and conform to the purpose of this District.
PARCEL SIZE: 0.2 ha to 0.4 ha
MINIMUM PARCEL WIDTH: 30 m
MINIMUM FLOOR AREA: 93 m2
MAXIMUM BUILDING HEIGHT: 10 m (Dwelling); 5.5 m (Accessory Building); 10 m (Secondary Suite (External))
MAXIMUM PARCEL COVERAGE: 35%
MAXIMUM DENSITY: One (1) Principal Building and one (1) Secondary Suite (Internal) and one (1) Secondary Suite
(External) per parcel.
MINIMUM SETBACKS:
Front Yard
Side Yard
Side Yard (Corner)
Rear Yard
12 m
3 m
5 m
8 m
EXCEPTIONS:
The Development Authority may approve parcel widths less than 30 m for parcels located within the Westview
ASP, provided they conform to the ASP.
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R-GEN Residential, General District
PURPOSE: To accommodate street-oriented single detached and duplex/semi-detached housing forms on standard
sized parcels.
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure
Accessory Use
Bed and Breakfast
Boarding House
Care Facility (Child)
Dwelling (Duplex/Semi)
Dwelling (Single Detached)
Dwelling (Multi-Unit)
Moved In Dwelling
Home-Based Business Type Two (HBB2)
Parks and Playgrounds
Secondary Suite (External)
Secondary Suite (Internal)
Show Home
Solar Collector (Roof/Wall)
Utilities
Those uses, not otherwise defined in the Bylaw, which in the opinion of the Development Authority are similar to
the Permitted or Discretionary Uses and conform to the purpose of this District.
MINIMUM PARCEL DEPTH: 31 m
MINIMUM PARCEL WIDTH: 14 m; 7.6m (per unit for Semi-Detached)
MAXIMUM PARCEL SIZE: 0.2ha
MAXIMUM BUILDING HEIGHT: 10 m (Dwelling); 5.5 m (Accessory Building); 10 m (Secondary Suite (External))
MAXIMUM PARCEL COVERAGE: 40%
MAXIMUM DENSITY: One (1) Principal Building and one (1) Secondary Suite per parcel.
MINIMUM SETBACKS:
Front Yard
Side Yard
Side Yard (Corner)
Rear Yard
6 m
1.5 m*
3 m
6 m
* No side yard is required where a party wall separates two (2) units.
* 3 m on one (1) side of the dwelling, where there is no provision for an attached garage on the front or side of the
dwelling and no lane access.
EXCEPTIONS:
For the parcel at 1613 26 Avenue:
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure
Accessory Use
Care Facility (Child)
Dwelling (Live-Work)
Dwelling (Single Detached)
Home-Based Business Type Two (HBB2)
Secondary Suite (Internal)
Mixed-Use Development
Solar Collector (Roof/Wall)
Moved-in Building
Secondary Suite (External)
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R-NAR Residential, Narrow Lot District
PURPOSE: To accommodate street oriented single detached, duplex/semi-detached and multi-unit dwellings on
narrow parcels.
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure
Accessory Use
Bed and Breakfast
Dwelling (Multi-Unit)
Care Facility (Child)
Home-Based Business Type Two (HBB2)
Dwelling (Duplex/Semi)
Secondary Suite (External)
Dwelling (Manufactured Home)
Secondary Suite (Internal)
Dwelling (Single Detached)
Moved-In Dwelling
Parks and Playgrounds
Show Home
Solar Collector (Roof/Wall)
Utilities
Those uses, not otherwise defined in the Bylaw, which in the opinion of the Development Authority are similar to
the Permitted or Discretionary Uses and conform to the purpose of this District.
MINIMUM PARCEL DEPTH: 31 m
MINIMUM PARCEL WIDTH: 10 m; (7.6 m per unit for semi-detached)
MAXIMUM BUILDING HEIGHT: 10 m (Dwelling); 5.5 m (Accessory Building) ; 10 m (Secondary Suite (External))
MAXIMUM PARCEL COVERAGE: 40%
MAXIMUM DENSITY: One (1) Principal Building and one (1) Secondary Suite per parcel.
MINIMUM SETBACKS:
Front Yard
Side Yard
Side Yard (Corner)
Rear Yard
6 m
1.5 m*
3 m
6 m
* No side yard is required where a party wall separates two (2) units.
* 3 m on one (1) side of the dwelling, where there is no provision for an attached garage on the front or side of the
dwelling and no lane access.
ADDITIONAL REQUIREMENTS:
Multi-unit dwellings shall be street-oriented.
65
Town of Nanton
Land Use Bylaw
Bylaw No. 1389/24
M-TRN Mixed-Use Transition District
PURPOSE: To accommodate a mix of residential and commercial uses which are compatible with each other and
with adjoining uses in a neighbourhood setting.
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure
Accessory Use
Care Facility (Child)
Boarding House
Care Facility (Clinic)
Care Facility (Large Group)
Care Facility (Medical)
Care Facility (Small Group)
Dwelling (Live-Work)
Home-Based Business Type Two (HBB2)
Dwelling (Multi-Unit)
Mixed-Use Development
Dwelling (Single Detached)
Religious Assembly
Establishment (Eating and Drinking)
Show Home
Financial Institution
Office
Parks and Playgrounds
Retail (Small)
School (Commercial)
Solar Collector (Roof/Wall)
Utilities
Those uses, not otherwise defined in the Bylaw, which in the opinion of the Development Authority are similar to
the Permitted or Discretionary Uses and conform to the purpose of this District.
MINIMUM PARCEL AREA: 0.5 ha
MAXIMUM BUILDING HEIGHT: 15 m (Dwelling); 5.5 m (Accessory Building)
MAXIMUM PARCEL COVERAGE: 50%
MAXIMUM DENSITY: 60 upha
MINIMUM SETBACKS:
Front Yard
Side Yard
Side Yard (Corner)
Rear Yard
3 m
1.5 m *
3 m
6 m
* No side yard is required where a party wall separates two (2) units.
* 3 m on one (1) side of the dwelling, where there is no provision for an attached garage on the front or side of the
dwelling.
ADDITIONAL REQUIREMENTS:
A Landscaping Plan, in alignment with Section 3.21, that will be required.
The minimum landscaped area shall be 25% of the parcel area.
The minimum Amenity Area (Private) for each Dwelling (Multi-Unit) is 5.0 m2 in the form of a patio, balcony, or
deck.
EXCEPTIONS:
The Development Authority may approve development on an existing registered parcel if the dimensions are less
than noted above.
66
Town of Nanton
Land Use Bylaw
Bylaw No. 1389/24
M-DWT Mixed-Use Downtown District
PURPOSE: To accommodate a wide range of local and regional commercial uses within the downtown central
business area which will be an attractive environment for pedestrians, while providing access for motor vehicles.
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure
Accessory Use
Animal Services (Minor)
Alcohol Production
Arts and Crafts Studio
Automotive (Sales and Service)
Care Facility (Child)
Dwelling (Live-Work)
Care Facility (Clinic)
Establishment (Adult)
Care Facility (Medical)
Establishment (Entertainment)
Establishment (Eating and Drinking)
Funeral Home
Financial Institution
Gas Station
Government Services
Hotel/Motel
Market
Mixed-Use Development
Office
Motion Picture Studio
Recreation (Culture and Tourism)
Moved-in Building
Retail (Small)
Parking Facility
Retail (General)
Parks and Playgrounds
Solar Collector (Roof/Wall)
Recreation (Indoor)
Utilities
Retail (Cannabis)
Retail (Large)
Shipping Container
Solar Collector (Freestanding)
Those uses, not otherwise defined in the Bylaw, which in the opinion of the Development Authority are similar to
the Permitted or Discretionary Uses and conform to the purpose of this District.
MINIMUM PARCEL WIDTH: 20 m
MINIMUM PARCEL DEPTH: 30 m
MAXIMUM BUILDING HEIGHT: 25 m (Principal Building), 5.5 m (Accessory Building)
MAXIMUM PARCEL COVERAGE: 70%
MINIMUM SETBACKS:
Front Yard
Side Yard
Side Yard (Corner)
Rear Yard
3 m
0 m
3 m
6 m
ADDITIONAL REQUIREMENTS:
The Development Authority may impose conditions related to screening, buffering, or landscaping of any outdoor
display or sales areas.
In addition to the requirements listed above, development shall comply with the following regulations:
i. New development shall be compatible with the aesthetics of the downtown area, in alignment with 'Infill
Development' (s.3.25).
ii. Seasonal activities such as patios and sales events may be allowed to encroach on public lands within the downtown
area at the discretion of the Development Authority subsequent to the provision of a licence of occupation.
EXCEPTIONS:
The Development Authority may approve development on an existing registered parcel if the dimensions are less
than noted above.
Changes of use will not require a variance for insufficient parking.
67
Town of Nanton
Land Use Bylaw
Bylaw No. 1389/24
C-HWY Commercial, Highway District
PURPOSE: To accommodate regional commercial services with high visibility and convenient access to designated
highways for the benefit of the traveling public.
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure
Accessory Use
Animal Services (Minor)
Alcohol Production
Automotive (Sales and Service)
Car Wash
Automotive (Service)
Drive-through Business
Care Facility (Child)
Establishment (Adult)
Establishment (Eating and Drinking)
Greenhouse
Establishment (Entertainment)
Moved-in Building
Financial Institution
Recreation (Outdoor)
Gas Station
Recycling Facility
Government Services
Retail (Cannabis)
Hotel/Motel
Shipping Container
Market
Solar Collector (Freestanding)
Office
Parks and Playgrounds
Recreation (Culture and Tourism)
Recreation (Indoor)
Retail (Small)
Retail (General)
Retail (Large)
Solar Collector (Roof/Wall)
Truck Stop
Utilities
Those uses, not otherwise defined in the Bylaw, which in the opinion of the Development Authority are similar to
the Permitted or Discretionary Uses and conform to the purpose of this District.
MINIMUM PARCEL WIDTH: 30 m
MINIMUM PARCEL DEPTH: 45 m
MAXIMUM BUILDING HEIGHT: 25 m (Principal Building), 5.5 m (Accessory Building)
MAXIMUM PARCEL COVERAGE: 50%
MINIMUM SETBACKS:
Front Yard
Side Yard
Side yard (Corner)
Rear Yard
8 m*
5 m
5 m
6 m
*The front and side (corner) setbacks shall not preclude the use of a portion of the setback area for walks, driveways,
or freestanding signs.
ADDITIONAL REQUIREMENTS:
The Development Authority may impose conditions related to screening, buffering, or landscaping of any outdoor
display or sales areas.
EXCEPTIONS:
The Development Authority may approve development on an existing registered parcel if the dimensions are less
than noted above.
68
Town of Nanton
Land Use Bylaw
Bylaw No. 1389/24
I-LHT Industrial, Light District
PURPOSE: To accommodate a variety of industrial activities that are primarily carried out within an enclosed
building and no significant nuisance factor is created or apparent outside the enclosed building.
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure
Accessory Use
Animal Services (Minor)
Alcohol Production
Animal Services (Major)
Auction Facility
Automotive (Sales and Service)
Bulk Fuel Station
Automotive (Service)
Establishment (Adult)
Establishment (Eating and Drinking)
Funeral Home
Establishment (Entertainment)
Grain Elevator/Seed Cleaning
Industrial (Light)
Industrial (Medium)
Industrial (Logistics)
Intensive Horticultural Operation
Market
Motion Picture Studio
Office
Moved-in Building
Parks and Playgrounds
Recreation (Outdoor)
Recreation (Indoor)
Retail (Cannabis)
Recycling Facility
Retail (Large)
Retail (Small)
Retail (Shopping Centre)
Retail (General)
Solar Collector (Freestanding)
School (Commercial)
Surveillance Suite
Shipping Container
SWECS
Solar Collector (Roof/Wall)
Transportation Service
Truck Stop
Utilities
Those uses, not otherwise defined in the Bylaw, which in the opinion of the Development Authority are similar to
the Permitted or Discretionary Uses and conform to the purpose of this District.
MAXIMUM LOT SIZE: As required by the Development Authority
MAXIMUM BUILDING HEIGHT: 11 m
MAXIMUM PARCEL COVERAGE: 60%
MINIMUM SETBACKS:
Front Yard
Side Yard
Side Yard (Corner or adjacent to
Residential)
Rear Yard
6 m*
3 m
6 m*
8 m
*The front and side (corner) setbacks shall not preclude the use of a portion of the setback area for walks, driveways,
or freestanding signs.
ADDITIONAL REQUIREMENTS:
On-site screening and landscaping plans may be required at the discretion of the Development Authority.
69
Town of Nanton
Land Use Bylaw
Bylaw No. 1389/24
I-HVY Industrial, Heavy District
PURPOSE: To accommodate industrial activities that may have an affect on the safety, use, amenity, or enjoyment
of adjacent or nearby sites due to appearance, noise, odour, emission of contaminants, fire or explosive hazards or
dangerous goods.
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure
Accessory Use
Alcohol Production
Cannabis Production Facility
Auction Facility
Intensive Horticultural Operation
Bulk Fuel Station
Retail (Cannabis)
Funeral Home
SWECS
Establishment (Adult)
Establishment (Eating and Drinking)
Establishment (Entertainment)
Industrial (Light)
Industrial (Medium)
Industrial (Heavy)
Recycling Facility
Retail (General)
Retail (Small)
Shipping Container
Solar Collector (Freestanding)
Solar Collector (Roof/Wall)
Surveillance Suite
Transportation Service
Utilities
Those uses, not otherwise defined in the Bylaw, which in the opinion of the Development Authority are similar to
the Permitted or Discretionary Uses and conform to the purpose of this District.
MAXIMUM LOT SIZE: As required by the Development Authority
MAXIMUM BUILDING HEIGHT: As required by the Development Authority
MAXIMUM PARCEL COVERAGE: 60%
MINIMUM SETBACKS:
Front Yard
Side Yard
Side Yard (Corner)
Rear Yard
9 m*
9 m
6 m*
9 m
*The front and side (corner) setbacks shall not preclude the use of a portion of the setback area for walks, driveways,
or freestanding signs.
ADDITIONAL REQUIREMENTS:
On-site screening and landscaping plans may be required at the discretion of the Development Authority.
70
Town of Nanton
Land Use Bylaw
Bylaw No. 1389/24
S-ASL Agricultural Society Lands District
Purpose: To accommodate the development of the Agricultural Society Lands in alignment with the Bylaw.
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure
Accessory Use
Agricultural Society Grounds
Campground
Community Garden
Parking Facility
Government Services
Recreation (Culture and Tourism)
Parks and Playgrounds
Market
Recreation (Indoor)
Moved-in Building
Recreation (Outdoor)
Solar Collector (Freestanding)
Shipping Container
Solar Collector (Roof/Wall)
Utilities
Urban Agriculture
Those uses, not otherwise defined in the Bylaw, which in the opinion of the Development Authority are similar to
the Permitted or Discretionary Uses and conform to the purpose of this District.
MAXIMUM LOT SIZE: As required by the Development Authority
MAXIMUM BUILDING HEIGHT: As required by the Development Authority
MAXIMUM PARCEL COVERAGE: 50%
MINIMUM SETBACKS:
Front Yard
Side Yard
Side Yard (Corner)
Rear Yard
6 m*
9 m
3 m*
6 m
*The front and side (corner) setbacks shall not preclude the use of a portion of the setback area for walks, driveways,
or freestanding signs.
ADDITIONAL REQUIREMENTS:
Landscaping plans may be required at the discretion of the Development Authority.
Lands dedicated as Municipal Reserve shall be restricted to uses defined in the MGA.
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Town of Nanton
Land Use Bylaw
Bylaw No. 1389/24
S-COM Community Services District
Purpose: To accommodate the development of publicly or privately owned institutions or community services,
including lands dedicated as Municipal Reserve for active and passive recreational and leisure pursuits.
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure
Accessory Use
Care Facility (Child)
Campground
Care Facility (Clinic)
Parking Facility
Care Facility (Large Group)
Recreation (Culture and Tourism)
Care Facility (Small Group)
Recreation (Indoor)
Care Facility (Medical)
Recreation (Outdoor)
Cemetery and Interment Services
Market
Community Garden
Moved-in Building
Funeral Home
Solar Collector (Freestanding)
Government Services
Parks and Playgrounds
Religious Assembly
School
Shipping Container
Solar Collector (Roof/Wall)
Utilities
Those uses, not otherwise defined in the Bylaw, which in the opinion of the Development Authority are similar to
the Permitted or Discretionary Uses and conform to the purpose of this District.
MAXIMUM LOT SIZE: As required by the Development Authority
MAXIMUM BUILDING HEIGHT: As required by the Development Authority
MAXIMUM PARCEL COVERAGE: 50%
MINIMUM SETBACKS:
Front Yard
Side Yard
Side Yard (Corner)
Rear Yard
6 m*
9 m
3 m*
6 m
*The front and side (corner) setbacks shall not preclude the use of a portion of the setback area for walks, driveways,
or freestanding signs.
ADDITIONAL REQUIREMENTS:
Landscaping plans may be required at the discretion of the Development Authority.
Lands dedicated as Municipal Reserve shall be restricted to uses defined in the MGA.
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Town of Nanton
Land Use Bylaw
Bylaw No. 1389/24
S-FUD Future Urban Development District
PURPOSE: To provide an interim Land Use District for non-urbanized parcels within the Town and to prevent
incompatible or premature development and subdivision until the lands are determined to be suitable for orderly
urban development.
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure
Accessory Use
Care Facility (Child)
Dwelling (Manufactured Home)
Community Garden
Home-Based Business Type Two (HBB2)
Dwelling (Single Detached)
Market Garden
Extensive Agriculture
Moved-in Building
Intensive Horticultural Operations
Moved-in Dwelling
Parks and Playgrounds
Solar Collector (Freestanding)
Shipping Container
Solar Collector (Roof/Wall)
Utilities
Those uses, not otherwise defined in the Bylaw, which in the opinion of the Development Authority are similar to
the Permitted or Discretionary Uses and conform to the purpose of this District.
MINIMUM PARCEL SIZE FOR EXTENSIVE AGRICULTURE: 4 ha
MAXIMUM PARCEL SIZE FOR ALL OTHER USES: 0.2 ha
MINIMUM PARCEL WIDTH: 30 m
MAXIMUM BUILDING HEIGHT: 10 m (Principal Building), 5.5 m (Accessory Building)
MAXIMUM PARCEL COVERAGE: As required by the Development Authority
MINIMUM SETBACKS:
Front Yard
Side Yard
Side Yard (Corner)
Rear Yard
6 m
1.5 m
3 m
6 m
ADDITIONAL REQUIREMENTS:
The Development Authority shall ensure that proposed development does not compromise the orderly subdivision
or subsequent development of lands within the Town.
The Development Authority may require the preparation and adoption of a comprehensive plan or Area Structure
Plan prior to approval of a Development Permit application.
73
Town of Nanton
Land Use Bylaw
Bylaw No. 1389/24
S-NOS Natural Open Space District
PURPOSE: To protect environmentally sensitive areas by restricting development and providing access to the
public in a manner that preserves the area in accordance with the MGA.
PERMITTED USES:
DISCRETIONARY USES:
Parks (excluding Playgrounds)
Accessory Building/Structure
Utilities
Those uses, not otherwise defined in the Bylaw, which in the opinion of the Development Authority are similar to
the Permitted or Discretionary Uses and conform to the purpose of this District.
ADDITIONAL REQUIREMENTS:
All parcel and development regulations shall be at the discretion of the Development Authority and shall proceed in
a manner to minimize impacts on the natural environment.
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Town of Nanton
Land Use Bylaw
Bylaw No. 1389/24
6
SECTION SIX
Glossary
This section provides definitions for terms used within the Land Use Bylaw.
Please note, definitions pertaining to specific uses are HIGHLIGHTED below:
ABUTTING - means immediately contiguous to or physically touching, and when used in respect of a parcel, means
that the two abutting parcels share a property line.
ACCESSORY BUILDING/STRUCTURE - means any building or structure that is physically separate from the principal
building on the parcel on which both are located, and the use of which is subordinate and incidental to that of the
principal building. Typical accessory building/structures include, but are not limited to, sheds, standalone garages and
shelters, swimming pools, tall flagpoles, and satellite dishes, but shall not include quonsets, quonset-style buildings, or
Secondary Suites (External).
ACCESSORY USE - means a use of land or buildings which is incidental or subordinate to the principal use of the same
parcel, or building.
ADDITION - means construction that increases the footprint of an existing building or structure. Typically there will be
a common connection from the existing building to the addition that includes a foundation of some type beneath
the addition.
ADJACENT - means land that is contiguous and abutting if not for an easement, right-of-way, street, or natural feature.
AGRICULTURAL BUILDING - means a building normally associated with and generally essential to the operation of a
farm. Such structures shall include, but are not limited to, machine sheds, storage sheds, granaries, grain bins for the
storage of on-farm products, silos, repair shop, etc. Farm is a separate use. This use does not include Cannabis
Production Facility.
AGRICULTURAL SOCIETY GROUNDS - means land, buildings and livestock related to Ag Society operations within the
Nanton Ag Society grounds.
ALCOHOL PRODUCTION - means a development that manufactures beer, wine, spirits or other alcoholic beverages
and may include the retail sale of products. This use may be combined with another use such as an Establishment
(Eating & Drinking).
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Town of Nanton
Land Use Bylaw
Bylaw No. 1389/24
ALTERATION - means any structural change to a building that results in an increase or decrease in the area or the
volume of the building; any change in the area frontage, depth, or width of a parcel that affects the required yard,
landscaped open space, or parking requirements of this bylaw; structural change to a sign; and to discontinue or
change the principal use of the site or building with a use defined as being distinct from the discontinued use.
AMENITY AREA (COMMON) - means an area within the boundaries of a development intended for recreational
purposes. Typical development includes balconies, landscaped areas, fitness rooms, swimming pools, beaches, and
other similar items that are intended for public use.
AMENITY AREA (PRIVATE) - means a balcony, patio, deck, or other similar structure which is attached to and has a
private entrance from the interior of a dwelling unit.
ANIMAL SERVICES (MAJOR) - means a use for livestock outpatient care and treatment, boarding, training, or grooming
of large animals and includes retail sales of associated products. This includes such uses as animal hospitals,
boarding/breeding kennels for both livestock and domestic pets, impounding and quarantining facilities.
ANIMAL SERVICES (MINOR) - means a use for domestic pet outpatient care and treatment, pet training not
exceeding ten animals on the premises at any one time, treatment or grooming of animals and includes retail sales of
associated products. Temporary boarding of small animals is permitted when associated with a veterinary clinic.
Typical Uses include pet grooming salons, animal daycares and domestic pet veterinary clinics.
APPLICANT - means a person who is lawfully entitled to make, and makes, an application for any document, approval
or other thing that may be issued, made or done under the authority of this Bylaw.
APPLICATION FORM - means a form provided to an Applicant pursuant to the Bylaw, such as Text Amendment
Application Forms, Land Use Redesignation Application Forms and Development Permit Application Forms etc.
ANTENNA SYSTEM - means an antenna and some sort of supporting structure, normally a tower for transmitting or
receiving television, radio, telephone, internet or other electronic communications which is regulated by Innovation,
Science and Economic Development Canada.
AREA REDEVELOPMENT PLAN - means a statutory plan prepared in accordance with Sections 634 and 635 of the MGA.
AREA STRUCTURE PLAN - means a statutory plan prepared in accordance with Section 633 of the MGA.
ARTS AND CRAFTS STUDIO - means development used for the purpose of small scale, on-site, production of goods
by hand manufacturing primarily involving the use of hand tools. Typical uses include pottery, ceramic, jewelry,
woodworking shops, and sculpture and artist studios.
AUCTION FACILITY - means a development for the auctioning and related temporary storage of goods, equipment,
or livestock.
AUTOMOTIVE (SALES AND SERVICE) - means a development used for the sale, lease, or rental of a motor vehicle,
recreational vehicle, or recreation equipment and may include a facility for the repair and servicing of automobiles
and recreational vehicles. Typical development includes a car, recreational vehicle or motorcycle dealership, not
including, or Heavy Vehicle and Equipment Sales and Service.
AUTOMOTIVE (SERVICE) - means a development used for the service and repair of a motor vehicle, recreation vehicle,
or recreation equipment or their components. Typical development includes paint and collision repair, and service
shops, not including Automotive (Sales and Service), or Heavy Vehicle and Equipment Sales and Service.
BED AND BREAKFAST - means an accessory use carried out in an owner-occupied dwelling where temporary
accommodation is provided to non-residents of the dwelling for remuneration, and where meals, if provided for
guests, are prepared in the common kitchen of the principal residence.
BOARDING HOUSE - means a private dwelling in which lodgers rent room(s) for one night or even more extended
periods of weeks or months. The common parts of the house, such as bathroom(s), kitchen, and living areas, are
maintained by the private owner. Meals, laundry or cleaning may be provided as part of the lodging agreement.
BUILDING - means any structure used or intended for supporting or sheltering any use or occupancy.
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Town of Nanton
Land Use Bylaw
Bylaw No. 1389/24
BUILDING - COMMON TERMS
a) ATTACHED GARAGE - means a building, or portion of a building, designed and used primarily for the storage
of motor vehicles that is attached to the principal building by sharing a common wall which usually has an
interconnecting door. For the purpose of calculating yard setbacks and site coverage requirements, an
attached garage is deemed to be part of the principal building.
b) AWNING - means a cloth like or lightweight shelter projecting from a building.
c)
BALCONY - a horizontal platform attached to a building above the first storey.
d) BASEMENT - means the space within a building which is below the first storey and is partially or completely
below grade.
e) BAY WINDOW - means a window that projects outward from the façade of a building but does not include an
opening that is intended to give access to a building
f)
CANOPY - means a non-retractable solid projection extending from the wall of the building intended to be
used as a protection against weather, other than normal architectural features such as lintels, sills, moldings,
architraves and pediments, but includes the structure known as the theatre marquee.
g) CANTILEVER - means a long projecting beam or girder fixed at only one end.
h) CARPORT - means a partially enclosed structure or part of a principal building intended for the shelter of
vehicle(s) with at least forty percent (40%) of the total perimeter open and unobstructed.
i)
COVERED DECK - means a flat-floored, generally unenclosed, roofed structure adjoining a principal building
or built as a structural part of it with a height greater than 0.6 m. A Covered Deck shall be included in site
coverage calculations.
j)
DRIVEWAY - means a vehicle access route on the parcel which provides access to the driving surface.
k) EAVE - means the overhang or extension of a roof line beyond the vertical wall of a building.
l)
FOUNDATION - means the supporting base structure of a building.
m) ORIENTATION - means the arranging or facing of a building or other structure with respect to the points of
the compass.
n) PARAPET - means the extension of a false front wall above a roof line.
o) PATIO - means an uncovered open platform or area situated directly on the ground.
p) PROJECTION - means a portion of a building which extends horizontally beyond the foundation of the building
but is not constructed on the building's foundation. Projections may include eaves, canopies, awnings,
cornices, balconies, and uncovered decks.
q) UNCOVERED DECK - means an accessory structure consisting of a paved, wooden, or other hard-surfaced area
generally adjoining a principal building intended for outdoor living space that is 0.6 m or greater above grade.
BUILDING COVERAGE - means that portion of a parcel upon which a covered building is located, as measured from a
point at grade directly below the outside surface of the exterior walls of the building at the first storey floor level,
including any projections less than 2.4 m above grade.
BUILDING ENVELOPE - means the space created on a parcel within which a building may be constructed once the
setback requirements for a specific Land Use District have been considered.
BUILDING HEIGHT - means the vertical distance between average grade and the highest point of a building excluding
a roof stairway entrance, elevator housing, a ventilating fan, a skylight, a steeple, a chimney, a smokestack, a fire
wall, a parapet wall, a flagpole, or similar device not structurally essential to the building.
BUILDING INSPECTOR - means the person or persons hired to be the chief building inspector or building inspectors
in and for the Town of Nanton.
BUILDING PERMIT - means a permit issued pursuant to the Safety Codes Act authorizing commencement of a use,
occupancy, relocation, construction, or demolition of any building.
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Land Use Bylaw
Bylaw No. 1389/24
BUILDING WIDTH, MINIMUM - means the minimum horizontal distance of the building's living space measured
parallel to the shortest exterior wall of the building and perpendicular to the longest exterior wall of the building
and excludes porches, decks, patios, balconies, carports, garages, unheated storage space, porte-cochere, and other
similar architectural features.
BULK FUEL STATION - means a development for storing and distributing petroleum products in bulk quantities and
includes supplementary tanker vehicle storage. Key-lock pumps and retail fuel sales may be incorporated as an
accessory use.
BUSINESS - means:
a) A commercial, merchandising, or industrial activity or undertaking,
b) A profession, trade, occupation, calling or employment, or
c)
An activity providing goods and services, whether or not for profit and however organized or formed, including
a co-operative or association of persons.
BYLAW - means the Land Use Bylaw of the Town of Nanton.
CAMPGROUND - means development for the purpose of seasonal occupancy by holiday trailers, recreation vehicles,
tents, and similar equipment and which may include supplementary bathroom and recreational facilities, eating
shelters, convenience retail, laundry facilities and dwelling accommodations for the operator.
CANNABIS PRODUCTION FACILITY - means a development where cannabis is grown, processed, packaged, tested,
destroyed, stored, or loaded for shipping, but does not include Retail (Cannabis).
CAR WASH - means development for the cleaning of motor vehicles on a commercial basis.
CARE FACILITY (CHILD) - means a use where care, maintenance, or supervision is provided for seven (7) or more
children, by persons unrelated to the children by blood or marriage, for periods not exceeding 24 consecutive hours.
Typical development includes child-care centres, day cares, nurseries, and after-school or baby-sitting programs.
CARE FACILITY (CLINIC) - means a use where medical and health care services are provided on an outpatient basis only.
Typical development includes medical and dental offices, health care clinics, pre-natal clinics, occupational health and
safety offices, chiropractic and naturopathic services and counseling services.
CARE FACILITY (LARGE GROUP) - means a use that is recognized, authorized, licensed or certified by a public authority
intended to provide room and board for more than six residents, exclusive of staff, and family members residing onsite
where individuals who are in need of supervision reside on a temporary or long-term basis in a group setting where twenty-
four (24) hour personal care or support may be provided. Typical development includes senior homes, large boarding
homes, large group homes, and large long-term special needs care facilities.
CARE FACILITY (MEDICAL) - means a use that is authorized by the applicable Provincial authority where medical
treatment for the sick, injured or infirm occurs, including out-patient services and accessory staff dwellings. Typical
development includes hospitals, sanitariums, isolation facilities, nursing homes, hospices, psychiatric hospitals, auxiliary
hospitals, and detoxification centres.
CARE FACILITY (SMALL GROUP) - means a residential care facility which is recognized, authorized, licensed or certified
by a public authority such as a social care facility intended to provide room and board for six residents or less, exclusive
of staff or family members residing in the home, where residents are in need of supervision reside on a temporary or
long-term basis in a group setting and 24-hour personal care or support may be provided. The residential character of
the Dwelling shall be primary; with the occupants living together as a single housekeeping unit and using shared cooking
facilities. Typical uses include small boarding homes, small group homes and small long-term special needs facilities.
CEMETERY AND INTERMENT SERVICES - means a development for the entombment of the deceased and may
include such facilities as cinerarium, columbarium, mausoleums, memorial parks, burial grounds, cemeteries and
gardens of remembrance.
CERTIFICATE OF COMPLIANCE - means a document signed by the Development Authority, certifying that a
development complies with this bylaw with respect to yard requirements and insofar as represented on an Alberta
Land Surveyors' Real Property Report.
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Town of Nanton
Land Use Bylaw
Bylaw No. 1389/24
CHANGE OF USE - means the conversion of land or building, or portion thereof from one land use activity to another,
including the intensification of a use, in accordance with the Permitted or Discretionary Uses as listed in each Land
Use District.
CHATTEL - means any item of tangible, personal property other than land, buildings, and other things annexed to land.
COMMON WALL - means a vertical separation completely dividing a portion of a building from the remainder of the
building and creating in effect a building which, from its roof to its lowest level, is separate and complete unto itself
for its intended purpose, such wall being owned by one (1) party but jointly used by two (2) parties, one or both of
whom is entitled to such use by prior arrangement.
COMMUNITY GARDEN - means a public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by
more than one person or family.
COMPATIBLE - means the characteristics of different uses or activities or designs which allow them to be located near
or Adjacent to each other in harmony. Compatibility does not mean "same as". Rather, compatibility refers to the
sensitivity of development proposals in maintaining the character of existing developments.
CONDOMINIUM - means a building or structure where there exists a type of ownership of individual units, generally
in a multi-unit development or project where the owner possesses an interest as a tenant in common with other
owners in accordance with the provisions of the Condominium Property Act, Revised Statutes of Alberta 2000,
Chapter C-22, as amended.
CONDOMINIUM PLAN - means a plan of survey registered at a Land Titles Office prepared in accordance with the
provisions of the Condominium Property Act, Revised Statutes of Alberta 2000, Chapter C-22, as amended.
CONSTRUCT - means to build, rebuild, or relocate and without limiting the generality of the word, also includes: any
preliminary operation such as excavation, filling or draining; altering an existing building or structure by addition,
enlargement, extension, or other structural change; and any work which requires a Building Permit.
COUNCIL - means Council of the Town of Nanton.
DEFERRED SERVICING AGREEMENT - means an agreement made in accordance with Sections 650 or 655 of the
MGA, between the municipality and applicant for the provision of services to serve the development, whereby the
municipality may agree to have the applicant delay or defer the requirements to provide or construct those services
at a later date (as defined in the agreement); or, to require the applicant to tie-in to major municipal infrastructure
at any time in the future whereby it may be installed to or past the property line of the parcel or development
project, when the services were not initially installed or available in the location of where the development occurred.
DEMOLITION - means the pulling down, tearing down or razing of a building or structure.
DENSITY - means the number of dwelling units on a parcel expressed in units per net hectare or units per parcel.
DESIGNATED OFFICER(S) - means those persons designated by bylaw under Section 210 of MGA and for purposes of the
Bylaw are the Development Officer, Community Peace Officer, Bylaw Enforcement Officer, and Town's CAO or their
Designate.
DEVELOPMENT - means:
An excavation or stockpile and the creation of either of them,
A building or an addition to or replacement or repair of a building and the construction or placing of any of
them in, on, over or under land,
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
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 AGREEMENT - means a contractual agreement, made in accordance with Sections 650 and 655 of
the MGA, between the Town and an applicant regarding the apportionment of costs arising from the construction
or servicing of a development.
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DEVELOPMENT AUTHORITY - means the body established by bylaw to act as the Development Authority in
accordance with Section 624 of the MGA.
DEVELOPMENT COMMENCEMENT - means the moment construction is started on site (i.e., excavation) or the land
use has begun for the purposes of the Development Permit application.
DEVELOPMENT COMPLETION - means the moment the required Building/Development Permit conditions and
requirements have been met for the purposes of the Development Permit application, except for ongoing conditions.
DEVELOPMENT OFFICER - means a person(s) authorized by Council to act as a development authority pursuant to
Section 624 of the MGA and in accordance with the Municipal Planning Commission Bylaw.
DEVELOPMENT PERMIT - means a permit issued with or without conditions pursuant to this bylaw authorizing a
development. A Development Permit does not constitute a Building Permit.
DEVELOPMENT, TEMPORARY - means development involving a use and/or a building maintained or operated for a
time period specified by a temporary Development Permit, issued under the provisions of this Bylaw.
DIRECT CONTROL DISTRICT - means a District in the Land Use Bylaw which details guidelines established by Council for
control over the use and development of an area pursuant to the provisions of the MGA.
DISTRICT - means an area of land designated by this Bylaw in which Permitted and/or Discretionary Uses and
development regulations are prescribed.
DOUBLE FRONTAGE LOT - means a parcel of land, other than a corner parcel, that abuts two (2) or more public
roads.
DRIVE-THROUGH BUSINESS - means an establishment where food is prepared and served on the premise for sale to
the public and includes car attendant or drive-through pick-up service.
DWELLING OR DWELLING UNIT - means a building or portion thereof consisting of one or more rooms which is
intended to be used as a permanent residence for one or more individuals, containing cooking, sleeping and sanitary
facilities only for that unit.
DWELLING (DUPLEX/SEMI) - means a dwelling containing two (2) dwelling units having the dwelling area of one located
above the dwelling area of the other each with a private entry or a dwelling containing not more than two (2) side-by-
side dwelling units sharing a common wall, which may be subdivided along the common wall.
DWELLING (LIVE-WORK) - unit means a development that shall include a detached dwelling unit as the principal use
and may contain an accessory commercial establishment.
DWELLING (MANUFACTURED HOME) - means a dwelling that is manufactured to be moved from one point to another
that is located on a permanent foundation and which provides completely self-contained, year-round residential
accommodation and meets the requirements for a residence under the Canadian Standards Association. A Park Model
is not a Dwelling (Manufactured Home).
DWELLING (MULTI-UNIT) - means a dwelling with three (3) or more dwelling units. Typical multi-unit dwellings include
Apartments, Row Houses, Town Houses, Stacked-Townhouses, Tri or Four-plexes. Secondary Suites are not permitted
in Dwelling (Multi-Unit).
DWELLING (SINGLE DETACHED) - means a dwelling (constructed on site or modular construction) that is supported on
a permanent foundation or basement but does not include Dwelling (Manufactured Home).
EASEMENT - means a right to use land generally for access to other property or as a right-of-way for a public utility.
ESTABLISHMENT (ADULT) - means a premise or parts thereof in which products or services are provided which are of
a sexual intent and shows or displays nudity with an erotic or sexually explicit intent. Typical uses would include but are
not limited to adult mini-theatres, strip clubs or shows and massage parlours.
ESTABLISHMENT (EATING & DRINKING) - means use where food is prepared and alcoholic beverages may be offered
for sale to the public for consumption. Typical development includes restaurants, diners, fast food restaurants,
takeout only restaurants, bars and pubs.
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ESTABLISHMENT (ENTERTAINMENT) - means a use where dramatic, musical or other entertainment is provided
indoors or outdoors. Typical development includes bingo halls, billiard parlours, auditoria, cinemas, or casinos but
does not include Establishment (Adult).
EXCAVATION - means the process of altering the natural elevation of the ground by grading, cutting, stripping, filling
or breaking of ground, but does not include common household gardening and ground care, excavation made for
the building of basements, structures, landscaping, or parking for which a Development Permit has been issued, or
extensive agriculture. Gravel pit, mineral extraction and any other similar extractive use are not classified as
excavation and are a separate use.
EXTENSIVE AGRICULTURE - means the production of crops by expansive cultivation as the principal use of the site.
Buildings associated with extensive agriculture are classified as accessory structures. This use does not include
agricultural-related industry buildings or uses such as packaging plants, processing plants, agricultural support
services or any other similar uses or structures or Cannabis Production Facility.
FENCE - means an accessory structure which may be used to prevent or restrict passage, to provide visual screening
or to mark a property line or other boundary.
FLAG LOT - means a parcel of land with a narrow strip providing access to a public street and the bulk of the property
containing no frontage.
FLOOD ELEVATION - 1:100 YEAR means the water level reached during a 1:100 year flood as determined in
accordance with the technical criteria established by Alberta Environment.
FLOOD RISK AREA - means the area of land bordering a water course or water body that would be inundated by
1:100 year flood (i.e. a flood that has a one percent (1%) chance of occurring every year) as determined by Alberta
Environment in consultation with the Town and may include both flood fringe and floodway.
FLOOR AREA - means the area of all floors in a building, measured within the exterior walls of a building, not
including basements, decks, patios, driveways, sidewalks, porches, elevator shafts, stairwells, crawl spaces,
mechanical or electrical rooms, garbage and recycling storage, and parking areas.
FLOOR AREA RATIO - means the net floor area divided by the gross parcel area.
FINANCIAL INSTITUTION - means a development or use primarily for providing the service of banking or lending
money. Typical development includes a bank, savings and loan institution, or credit union.
FRONT OF PROPERTY - means that portion of a parcel that lies between the front face of the principal building and
the front property line. In the case of a corner parcel, the front yard is on the same side as the other parcels in the
row on the block regardless of the orientation of the principal building.
FUNERAL HOME - means a development used for the arrangement of funerals, the preparation of the deceased for
burial or cremation, and the holding of funeral services.
FULL CUT-OFF FIXTURES - means lighting fixtures that direct light directly down towards the ground (the luminous
intensity at or above an angle of 90° above nadir is zero).
GAS STATION - means a development where gasoline and related fuels are sold, typically including a small retail
component. This use does not include a Bulk Fuel Station.
GEOTECHNICAL REPORT - means a comprehensive site analysis and report prepared by a qualified and registered
professional with The Association of Professional Engineers, Geologists, and Geophysicists of Alberta (APEGGA).
GOVERNMENT SERVICES - means a use where municipal, provincial, or federal government services are provided.
Typical development includes police stations, fire stations, courthouses, post offices, municipal offices, or social service
offices.
GRADE, BUILDING - (as applied to the determination of building height) means the average level of finished ground
adjoining the main front wall of a building (not including an attached garage), except that localized depressions such as
for vehicle or pedestrian entrances need not be considered in the determination of average levels of finished ground.
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GRADE, LANDSCAPED - (as applied to the determination of height of balconies, decks and architectural features and
landscape structures) means the average level of finished landscaped ground under the four principal corners of the
balcony, deck, architectural feature or landscape structure.
GRADING - means the alteration of the grade of a site.
GRAIN ELEVATOR/SEED CLEANING - means a facility for the collection, grading, sorting, storage, and transshipment
of grains.
GREENHOUSE - means a building specially designed and used for the commercial growing of vegetables, flowers or
other plants for transplanting or sale on site. This use does not include Cannabis Production Facility.
HOME-BASED BUSINESS TYPE ONE (HBB1) - means a use where business is conducted in a principal building with no
visits and employees that reside in the principal building. Uses are secondary to the residential use of the parcel and do
not change the residential appearance of the land and buildings, such as private consulting or other office functions.
HOME-BASED BUSINESS TYPE TWO (HBB2) - means a use where business is conducted in a principal building with limited
weekly visits and employees that reside in the principal building. Uses are secondary to the residential use of the parcel
and do not change the residential appearance of the land and buildings, such as accounting services, day homes, small
engine repair or light fabrication.
HEAVY VEHICLE AND EQUIPMENT SALES AND SERVICE - means a development used for the sale, service and rental
of heavy vehicles, machinery, and mechanical equipment for farming, construction, or oilfield operations. Such a
facility may include outdoor work areas, parking, and outdoor storage areas. This use does not include Automotive
(Sales and Service) or Automotive (Service).
HOTEL/MOTEL - means a use where sleeping accommodation and ancillary services are provided in rooms or suites
which may contain facilities for food preparation. This use may incorporate ancillary uses such as an Establishment
(Eating and Drinking) or Retail (Small).
INDUSTRIAL (HEAVY) - means a use where industrial activity occurs that may have an effect on the safety, use, amenity,
or enjoyment of adjacent or nearby sites due to appearance, noise, odour, emission of contaminants, fire or explosive
hazards, or dangerous goods, but does not include Cannabis Production Facility. Typical development includes
abattoirs, concrete plants, wreckage and salvage yards, waste management facilities, and manufacturing and
processing facilities that create a Nuisance.
INDUSTRIAL (LIGHT) - means a use where industrial activities are primarily carried on within an enclosed building and
no significant nuisance factor is created or apparent outside an enclosed building. Any development, even though fully
enclosed, where, in the opinion of a Development Authority, there is significant risk of interfering with the amenity of
adjacent sites because of the nature of the site, materials or processes, shall not be considered Industrial (Light). Typical
development includes laboratories, general contractors and landscaping services, equipment rentals and service,
warehouses and warehouse sales of furniture, floor coverings etc.
INDUSTRIAL (LOGISTICS) - means a use where the storage and inter-modal (highway) distribution of goods occurs,
resulting in larger traffic volume. Typical development includes shipping/receiving facilities, transshipment and
distribution centres.
INDUSTRIAL (MEDIUM) - means a use where all or a portion of the industrial activity is carried on outdoors, without any
significant nuisance such as noise, appearance, or odour, extending beyond the boundaries of the site. Any development
where the risk of interfering with the amenity of adjacent or nearby sites, because of the nature of the site, materials or
processes, cannot be successfully mitigated shall be considered Industrial (Heavy). Typical development includes storage,
construction, maintenance, and manufacturing or processing facilities that do not pose a Nuisance.
INTENSIVE HORTICULTURAL OPERATIONS - means a use of land or buildings for the high yield production of specialty
crops and may include on-site sales. This use includes greenhouses, nurseries, hydroponics, tree, mushroom and sod
farms, but does not include Cannabis Production Facility.
INTERMUNICIPAL SUBDIVISION AND DEVELOPMENT APPEAL BOARD (ISDAB) - means the Chinook Intermunicipal
Subdivision and Development Appeal Board established by the Chinook Intermunicipal Subdivision and
Development Appeal Board Bylaw, as amended.
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LANDSCAPING - means the modification, beautification and enhancement of a site or development, excluding all
areas used for driveways and parking, through the use of the following elements:
Natural landscaping consisting of vegetation such as trees, shrubs, hedges, grass, flowers and other ground
cover or materials,
Hard landscaping consisting of non-vegetative materials such as brick, stone, concrete, tile and wood,
excluding monolithic concrete and asphalt, or
Landscaping in ways that reduce or eliminate the need for watering and irrigation, also known as xeriscaping.
LANE - means a public thoroughfare, which provides a secondary means of access to a parcel(s).
LIVESTOCK - means all domesticated animals kept for use on a farm or raised for sale or profit and includes horses,
cattle, swine, donkeys, mules, oxen, poultry, birds, sheep, goats or other animals as determined by the Town.
MAINTENANCE - means the upkeep of a building or property that does not involve structural change, the change of
use, or the change of intensity of use.
MANUFACTURED HOME COMMUNITY - means a comprehensively planned residential development intended for
the placement of manufactured homes on sites or pads. Such a community may also include amenity areas or
facilities for the use of the community's residents.
MARKET - means a development indoors or outdoors which provides to vendors, stalls or other similarly restricted areas
for the demonstration of products and services, disposal and sale of goods, wares or merchandise to the public, at a single
location or premises. Typical development includes Farmers Markets, Flea Markets, Craft Shows or Trade Fairs.
MARKET GARDEN - means the growing of vegetables or fruit for commercial purposes. This use includes an area for
the display and sale of goods or produce grown or raised on site.
MINIMUM STANDARDS - means those minimum requirements relating to parcel area, floor area, yards, landscaping
design, character and appearance of buildings, etc. for the Permitted Uses of land or buildings or the Discretionary Uses
of land or buildings, or both, listed in this Bylaw and, where these are not specified, as determined by the Municipal
Planning Commission for a Discretionary Use.
MIXED-USE DEVELOPMENT - means a parcel of land or a building or structures developed for two or more different
uses such as residential, office, manufacturing, retail, public, or entertainment.
MOTION PICTURE STUDIO - means a use where motion pictures are filmed, either within a building or outdoors on a
constructed set.
MOVED-IN BUILDING - means a previously used non-residential building, which is removed from a site, and then
transported and re-established on another site.
MOVED-IN DWELLING - means a previously existing, established and occupied dwelling, which is removed from one
site and then transported and re-established on another site.
MUNICIPAL DEVELOPMENT PLAN - means a Statutory Plan, adopted by Bylaw in accordance with Section 632 of
the MGA.
MUNICIPAL GOVERNMENT ACT (MGA) - means the Municipal Government Act, Revised Statutes of Alberta, 2000,
Chapter M-26, as amended.
MUNICIPAL PLANNING COMMISSION (MPC) - means the Town of Nanton Municipal Planning Commission
established by Council pursuant to the Municipal Planning Commission Bylaw and the MGA.
MURAL - means a picture, scene, graphic, or diagram displayed on the exterior wall of a building for the primary
purpose of decoration or artistic expression and is not created to solely display messaging to market an event, business,
or promotion.
NON-COMPLIANCE - means a development constructed, or use undertaken after the adoption of the current Land
Use Bylaw and does not comply with the current Land Use Bylaw.
NON-CONFORMING BUILDING - means a building:
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That is lawfully constructed or lawfully under construction at the date of a Land Use Bylaw or any amendment
thereof affecting the building or land on which the building is situated becomes effective, and
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:
Being made of land or a building or intended to be made of a building lawfully under construction, at the date
of a Land Use Bylaw or any amendment thereof affecting the land or building becomes effective, and
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.
NON-SERVICED - means in respect to a parcel that neither a municipal water system nor a municipal sewage system
services it.
NUISANCE - means any use, prevailing condition or activity which has a detrimental effect on living or working
condition, in the opinion of the Development Authority.
OCCUPANCY PERMIT - means a permit issued by the municipality that authorizes the right to occupy or use a
building or structure for its intended use.
OFF-SITE LEVY - means a levy imposed pursuant to Off-Site Levy Bylaw"
OFFICE - means development primarily for the provision of professional, management, administrative, consulting,
or financial services in an office setting. Typical uses include but are not limited to the offices of lawyers, accountants,
travel agents, real estate and insurance firms, planners, clerical and secretarial agencies. This excludes government
services, the servicing and repair of goods, the sale of goods to the customer on the site, and the manufacturing or
handling of a product.
OFF-STREET LOADING SPACE - means an open area, not exceeding 9.1 m in width, located in the rear yard space,
designed expressly for the parking of haulage vehicles while loading or unloading.
OFF-STREET PARKING - means a parcel or portion thereof, excluding a public roadway which is used or intended to
be used as a parking area for motor vehicles.
OUTDOOR DISPLAY - means the temporary display of goods, products or materials, typically not in a fixed position
and which are removed or sold off during a short period of time.
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 and includes a bare land unit created
under a condominium plan.
PARCEL AREA - means the area contained within the boundaries of a parcel as shown on a plan of subdivision or as
described in a certificate of title.
PARCEL COVERAGE - means the percentage of parcel area covered by buildings and structures 0.6 m above finished
grade including any covered projections. Parcel coverage does not include uncovered swimming pools or Uncovered
Decks, patios, driveways less than 0.6 m above finished grade.
PARCEL DEPTH - means the length of a line joining the mid-points of the front property line and the rear property line.
PARCEL FRONTAGE - means the length of a street boundary measured along the front line of a parcel.
PARCEL WIDTH - means the distance between the side property lines of a parcel measured at a right angle to the mid-
point of the shortest side property line.
PARCEL, DOUBLE FRONTING - means a parcel which abuts two (2) non-intersecting streets (excluding lanes).
PARCEL, INTERIOR - means a parcel which is bounded by only one (1) street.
PARCEL, LANELESS - means a parcel that is not bounded wholly or partially by a lane.
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PARTIALLY SERVICED PARCEL - means a parcel that is provided water or sewer serviced by either:
A municipal water line or a municipal sewer line, or
An incorporated organization or co-operative, recognized by the municipality, that is operating a provincially
approved water or sewer system.
PARKING FACILITY - means development to accommodate vehicular parking, either outdoors or in a building.
PARKING SPACE - means an area for the parking of a single motor vehicle.
PARKS AND PLAYGROUNDS - means a use where active or passive public recreational activities occur and includes
supplementary uses such as picnic areas, playgrounds, pedestrian and bicycle paths, landscaped areas and
associated public washrooms. Typical development includes tot lots, band shells, and playgrounds.
PLAN OF SUBDIVISION - means a plan of survey prepared in accordance with the relevant provisions of the
Land Titles Act for the purpose of effecting subdivision.
PRINCIPAL BUILDING - means a building which comprises the principal use of the site.
PRINCIPAL USE - means the main purpose, in the opinion of the Development Authority, for which a parcel is used.
PROPERTY LINE - means the legally defined limit of any parcel, shown on a legal plan of survey.
PROPERTY LINE, FLANKING SIDE - means in the case of a corner parcel, the longest property line that abuts a public
street.
PROPERTY LINE, FRONT - means the property line that abuts a public street or on a corner parcel, the shortest
property line that adjoins a public street or as assigned by the Development Authority.
PROPERTY LINE, REAR - means the property line opposite the front property line.
PROPERTY LINE, SIDE - means the property line that connects the front and rear property line.
PROVINCIAL LAND USE POLICIES - means policies established by order of the Lieutenant Governor pursuant to
Section 622 of the MGA.
PUBLIC OPEN SPACE - means land, which is not in private ownership and is open to use by the public.
REAL PROPERTY REPORT (RPR) - means a legal document that illustrates in detail the location of all relevant, visible
public and private improvements relative to property boundaries prepared by a registered Alberta Land Surveyor.
RECREATION (CULTURE & TOURISM) - means a use where public or private cultural or tourism recreation occurs.
Typical development includes tourist information centres, libraries, museums, art galleries, or other cultural facilities,
but does not include Recreation (Indoor) nor Establishment (Entertainment).
RECREATION (INDOOR) - means a use where sports or recreation occurs within an enclosed building. Typical
development includes recreation centres, community halls, public swimming pools, curling rinks and arenas, private
clubs or lodges, health or fitness clubs, or private facilities such as bowling alleys, arcades, indoor mini golf courses,
or racquet courts, but does not include Government Services.
RECREATION (OUTDOOR) - means a use where outdoor recreation occurs. Typical development includes outdoor
skating rinks, lawn bowling greens, tennis courts, swimming and wading pools, water spray parks, , go-cart tracks,
miniature golf, and golf courses.
RECREATIONAL VEHICLE (RV) - means a vehicle or trailer that is designed for recreational or travel purposes and
includes but is not limited to motor homes, travel trailers, fifth wheel travel trailers, tent trailers, toy haulers, boats,
campers whether located on a truck or other vehicle or not, and a trailer used to transport any of the above, but
does not include personal watercraft, snow mobiles, all-terrain vehicles, hunting buggies, and other small scale
recreational vehicles.
RECYCLING FACILITY - means a development for the purchasing, receiving and temporary storage of discarded
articles, provided that the use does not generate a detrimental effect or nuisance beyond boundaries of the site.
This use may involve supplementary production of by-products or materials and includes bottle, can, and paper
recycling depots.
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REDESIGNATION - means the conversion of land from one Land Use District to another.
REGISTERED OWNER - means:
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
In the case of any other land:
The purchase 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 f the purchaser's interest that
is the subject of a caveat registered against the Certificate of Title; or
In the absence of a person described in paragraph (i), the person registered under the Land Titles Act as
the owner of the fee simple estate in the land.
RESERVE, ENVIRONMENTAL (ER) - means the land designated as Environmental Reserve per the MGA.
RESERVE, MUNICIPAL (MR) - means the land designated as Municipal Reserve per the MGA.
RESERVE, SCHOOL (SR) - means the land designated as School Reserve per the MGA.
RELIGIOUS ASSEMBLY - means a use where public meetings, worship and related religious or social activities occur,
and includes accessory rectories, manses, meeting rooms and classrooms. Typical development includes churches,
chapels, temples, mosques, synagogues, and convents.
RESIDENTIAL CONVERSION - means a development in a Residential District that involves the conversion, but does
not substantially change the general residential appearance, of a Dwelling (Single-Detached) for Office or Retail
(Small) use.
RETAIL (CANNABIS) - means a development for the retail sale of cannabis and cannabis accessories. This use does
not include Cannabis Production Facility.
RETAIL (GENERAL) - means a use where goods and services are sold in a building with a gross floor area between
1,000.0 - 4,000.0 m2. Typical development includes a clothing store, pharmacy, or grocery store.
RETAIL (LARGE) - means a use where goods and services are sold in a building with a gross floor area larger than 4,000.0
m2. Typical development includes 'big box' or building supplies retailers.
RETAIL (SHOPPING CENTRE) - means a use where commercial establishments are grouped on a site planned,
developed, and managed as a single unit with on-site parking provided. Typical development includes a strip mall,
power centre or shopping mall.
RETAIL (SMALL) - means a use where goods and/or services are sold in a building with a gross floor area less than
1,000.0 m2. Typical development includes a liquor store or convenience store or personal services such as
hairdressers/salons, massage clinics, laundromats, dry cleaners, tailors, or photography studios.
RETAINING WALL - means a wall for holding in place, a mass of earth or the like, as at the edge of a terrace or excavation.
RIGHT-OF-WAY - means an area of land not on a parcel that is dedicated for public or private use to accommodate
a transportation system and necessary public utility infrastructure (including but not limited to water lines, sewer
lines, power lines, and gas lines).
PUBLIC ROAD - means a right-of-way maintained by the Town and is open to the public for the purpose of vehicular
traffic.
SAFETY CODES - means a code, regulations, standard, or body of rules regulating things such as building, electrical
systems, elevating devices, gas systems, plumbing or private sewage disposal systems, pressure equipment, fire
protection systems and equipment, barrier free design and access in accordance with the Safety Codes Act, RSA
2000, Chapter S-1, as amended.
SCHOOL - means a facility of instruction that is regulated under a School Board.
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SCHOOL (COMMERCIAL) - means development providing training and instruction in a specific trade, skill or service
and may incorporate services and retail sales related to the instruction function as accessory uses. Typical uses may
include, but are not limited to, secretarial, business, hairdressing, beauty culture, dancing or music schools.
SCREENING - means the use of landscaping, a fence, wall, berm, or hedge to visually separate areas or uses.
SECONDARY SUITE (EXTERNAL) - means a separate, detached secondary Dwelling Unit located on the same site and
serviced by the same utilities as the Principal Dwelling.
SECONDARY SUITE (INTERNAL) - means a secondary Dwelling Unit located within the Principal Dwelling.
SERVICED - means that approved development uses municipal water and sewer services, including treatment, where
such services have been installed and are operating in accordance with municipal requirements.
SETBACK - means the minimum distance required between a property line of a parcel and the nearest part of any
building, structure, development, excavation or use on the parcel and is measured at a right angle to the parcel line.
SETBACK AREA - means the area of a parcel between the property lines and lines parallel to the property lines at a
distance equivalent to the minimum depth from each respective property line as required by the District.
SHIPPING CONTAINER - also known as a C-Container, sea cargo container, sea can or cargo container, means a
standardized re-sealable moveable transportation box for freight handling and storage, typically constructed of
aluminum or steel.
SHOW HOME - means the use of an unoccupied dwelling as a sales office and or to demonstrate housing product.
SIDEWALK - means a pathway or right-of-way for pedestrian traffic.
SIGN - means any object, structure, fixture, placard, device and components, or portion thereof, which is used to
advertise, identify, communicate, display, direct or attract attention to an object, matter, thing, person, institution,
organization, business, product, service, event or location by any means.
SIGN - COMMON TERMS
a) ABANDONED SIGN - means a sign which advertises or identifies an activity, business, owner, product,
lessee or service which no longer exists or a sign for which no legal owner can be found.
b) A-BOARD SIGN - means a self-supporting A-shaped sign or sandwich board which is set upon the ground
and has no external supporting structure.
c) ANIMATION - means a projection style where action or motion is used to project sign content, including
lighting changes, special effects or pictures, but does not include changeable content.
d) ARCHITECTURAL SIGN - means the names of buildings, dates of erection, monumental citations,
commemorative tablets, and other similar signage that is a permanent historical dedication of the building
and does not promote any particular business or use within the building.
e) AWNING SIGN - means a sign attached to a non-retractable structure completely enclosed overhead, which
is intended to be used for business identification and protection against the weather and which is not
supported independently of any other building structure.
f)
BALLOON SIGN - means any temporary inflatable device used or employed as a sign that is anchored to
the ground or to a building or structure.
g) BANNER - means a temporary sign that is made of lightweight material intended to be secured to the flat
surface of a building or structure, at the top and the bottom on all corners, excluding official flags and
emblems.
h) BILLBOARD SIGN - means a freestanding sign with and area greater than 6.0m2 intended primarily for third-
party advertising.
i)
BUILDING FACE - means any exterior wall of a Building.
j)
CHANGEABLE COPY - means sign content which can be changed either digitally or manually.
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k) CONSTRUCTION SIGN - means a temporary sign which is placed on a site to advertise items such as the
provision of labour, services, materials or financing on a construction project.
l)
COPY - means the letters, graphics or characters that make up the message on the sign face.
m) DIGITAL COPY - means any sign or portion of a sign that has electronically controlled changeable copy.
n) DIRECTIONAL AND INFORMATION SIGN - means a sign the message of which is limited to providing
direction guidance, distance, facility or similar information and which may contain a name or logo.
o) FASCIA SIGN - means a sign attached across the face of the building, located approximately parallel thereto,
in such a manner that the wall becomes the supporting structure for, or forms the background surface of
the sign.
p) FREESTANDING SIGN - means a sign supported independently of a building, wall, or other structure by way
of columns, uprights, braces, masts, or poles mounted in or upon grade.
q) LUMINOSITY - means the measurement of brightness.
r)
PORTABLE SIGN - means a temporary sign that is not permanently affixed to a building, structure, or the
ground. This sign type includes a portable reader board with or without changeable copy.
s)
PROJECTING SIGN - means a sign which projects, more than 0.3 m horizontally from a structure or building
face. This sign type does not include awning or fascia signs.
t)
ROOF SIGN - means any sign erected upon, against, or directly above a roof or on top of or above the
parapet of a building.
u) ROTATING SIGN - means a sign or portion of a sign which moves in a revolving manner.
v) SIGN AREA - means:
i. the area derived using the overall width and the overall height of the sign face excluding any structural
support not used as part of the display to convey information.
ii. in the case of a double-faced sign, only one side of the sign would be used to calculate the sign area.
iii. in the case of signs painted, marked, or inscribed on a fence, window, or exterior wall of a building, the
area derived using the overall width and the overall height of the displayed information.
w) SIGN HEIGHT - means the vertical distance measured from the highest point of the sign or sign structure
to the finished grade.
x) SIGN ILLUMINATION - means the lighting or exposure of a sign to artificial lighting either by lights on or in
the sign or directed toward the sign.
y) TEMPORARY SIGN - means any sign intended to be displayed for a short period of time, including balloon
signs, developer marketing signs, land use classification signs, construction signs, political signs, banners, or
any other sign that is not permanently attached to a building, structure or the ground.
z)
THIRD-PARTY ADVERTISING - means advertising on a sign for a service, product or activity conducted, sold,
or offered at a location other than the premises on which the sign is located.
aa) WINDOW SIGN - means a sign painted on, attached to or installed on a window intended to be viewed
from outside the premises.
SITE - means the land contained in a single Certificate of Title and consisting of one or more parcels or a parcel
where none of the parcels or other portion of land may be issued a separate Certificate of Title unless a subdivision
enabling that separation has been approved by a Subdivision Authority.
SITE PLAN - means a plan drawn to scale illustrating the proposed and existing development prepared in accordance
with the requirements of this bylaw.
SMALL WIND ENERGY CONVERSION SYSTEM (SWECS) - means a development that generates electricity from a wind
turbine, either building or tower mounted, including associated control and conversion electronics and tower guy
wires, which has a limited generation capacity to be used primarily for the applicant's own use.
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SOLAR COLLECTOR (FREESTANDING) - means a non-reflective accessory structure not attached to a building, used to
collect sunlight that is part of a system used to convert radiant energy from the sun into thermal or electrical energy.
SOLAR COLLECTOR (ROOF/WALL) - means a non-reflective accessory structure attached to a building, used to collect
sunlight that is part of a system used to convert radiant energy from the sun into thermal or electrical energy.
SPECIAL EVENT - means a periodic cultural, recreational, celebratory, or educational event including an exhibition,
show, display, concert, festival, race, competition, public entertainment, parade, carnival or circus held for profit or
otherwise, and includes any other organized public amusement, whether free or for a fee.
STATUTORY PLAN - means a Municipal Development Plan, an Area Structure Plan, an Area Redevelopment Plan or
an Intermunicipal Development Plan as defined in the MGA.
STOCKPILE - means an accumulation materials or raw materials, including snow dumps, stored outdoors in a pile.
STOP ORDER - means an order issued by the Development Authority pursuant to Section 645 of the MGA.
STOREY - means the space within a building which is between the surface of any floor and the floor surface or the
ceiling immediately above it, excluding a basement.
STREET - means:
Any public road, including the boulevards, sidewalks and improvements, but excluding a lane, bridge or
walkway, or
A private condominium roadway.
STRUCTURE - means anything constructed or erected with a fixed location on the ground or attached to something
having a fixed location on the ground. Among other things, structures include buildings, walls, fences, and poster
panels.
SUBDIVISION - means the division of a parcel into one or more smaller parcels by a plan of subdivision or other
instrument, overseen by the Subdivision Authority.
SUBDIVISION AND DEVELOPMENT REGULATION - means regulations established by order of the Lieutenant
Governor in Council pursuant to Section 694 of the MGA.
SUBDIVISION AUTHORITY - means the Town of Nanton Subdivision Authority established by the Subdivision and
Development Authority Bylaw.
SUBSIDENCE - means a localized downward settling or sinking of a land surface.
SURVEILLANCE SUITE - means a dwelling unit or sleeping unit that is developed in conjunction with a principal use
so that the dwelling is a supplementary use to the principal use, and which is used solely to accommodate a person
or persons, whose function is to provide surveillance, maintenance and security.
TEMPORARY DEVELOPMENT - means a development for which a Development Permit has been issued for a limited
time period.
TENTATIVE PLAN OF SUBDIVISION - means the plan designed by an Alberta Land Surveyor for the purpose of
subdividing land. The Tentative Plan of Subdivision depicts road rights-of-way, reserve lots, public utility lots, and
private lots that will be created should the plan receive approval by the municipality and be endorsed with Land
Titles. Minor components of a Tentative Plan of Subdivision can be modified or adjusted prior to registration based on
record drawings and documentation.
TOWN - means the Corporation of the Town of Nanton or the land lying within the corporate limits of the Town.
TRANSPORTATION SERVICE - means development involving the use of one or more vehicles to transport people,
mail, currency, documents, packages, and articles for compensation. Typical uses include a mobile catering service,
the rental or lease of vans and trucks, taxi service, limousine or bus service and may include limited storage and
repair of the vehicles used.
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TRUCK STOP - means a building, premise or land in which or upon which a business, service or industry involved in
the maintenance, servicing, storage or report of commercial vehicles is conducted or rendered including the
dispensing of fuel products, the sale of accessories or equipment for trucks and similar commercial vehicles. A truck
stop may also include Retail (Small), Establishment (Eating and Drinking), or overnight accommodation facilities
solely for the use of truck crews.
UNITS PER HECTARE (UPH) - means the residential density of a Site, calculated as a ratio of the number of Dwellings
divided by the Site Area in hectares.
URBAN AGRICULTURE - means cultivating, processing, and distributing food products that may involve limited
animal husbandry, agroforestry, beekeeping, or horticulture pursuant to provincial regulations where applicable.
USE - means the purposes for which land or a building is arranged or intended, or for which either land, a building
or a structure is, or may be, occupied and maintained.
USE, APPROVED - means a use of land or building or both for which a Development Permit has been issued by the
Development Authority or the Subdivision and Development Appeal Board.
USE, DISCRETIONARY - means the use of land or building(s) provided for in the Land Use Bylaw for which a
Development Permit may be issued, with or without conditions, at the discretion of the Development Authority.
USE, INTENSITY OF - means the degree or scale of operation of use or activity in relation to the amount of land and
buildings associated with the use, vehicular traffic generation resulting thereof, amount of parking facilities required
for the particular land use activity, etc.
USE, PERMITTED - means the use of land or buildings in a Land Use District for which a Development Permit must be
issued by the Development Authority, with or without conditions, if the proposed development conforms to this Bylaw.
USE, PROHIBITED - means a development that is not listed as Permitted or Discretionary, or is not considered similar
within a Land Use District, or is expressly identified as prohibited.
USE, SIMILAR - means a use of land or building(s) for a purpose that is not provided in any district designated in this
bylaw, but is deemed by the Development Authority to be similar in character and purpose to another use of land
or buildings that is included within the list of uses prescribed for that district.
UTILITIES - means a system or works used to provide services such as potable water, sewage disposal, waste
management, storm systems, distribution of gas, or distribution of electric power, as well as the buildings that house
the utility and any offices or equipment.
VARIANCE - means a relaxation of a measurable standard of this bylaw.
WATER BODY - means the bed and shore of a lake, lagoon, swamp, marsh, or any other natural body of water, or a
reservoir or other man-made surface feature, whether it contains water continuously or intermittently.
WATERCOURSE - means the bed and shore of a river, stream, creek or other natural body of water, or a canal ditch
or other man-made surface feature whether it contains water continuously or intermittently.
YARD - means that portion of a parcel not occupied or obstructed by the principal and accessory building(s).
YARD, FRONT - means the area extending across the width of the parcel and situated between the front parcel line
and the nearest portion of the building(s).
YARD, REAR - means the area extending across the width of a parcel and situated between the rear parcel line and
the nearest portion of the building(s).
YARD, SIDE - means the area extending from the front yard to the rear yard and situated between the side parcel
lines and the nearest portion of the building(s).
All other words have the meanings assigned to them by the MGA, as amended, or common dictionary definitions.
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SCHEDULE
Land Use Map