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Town of Onoway Land Use Bylaw 712-13
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Town of Onoway Land Use Bylaw 712-13
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Town of Onoway Land Use Bylaw 712-13
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PART 1 - GENERAL
1.1
TITLE
This Bylaw may be referred to as "The Town of Onoway Land Use Bylaw."
1.2
SCOPE
No subdivision or development shall hereafter be carried out within the boundaries of
the municipality except in conformity with the provisions of this Bylaw.
1.3
PURPOSE
The purpose of this Bylaw is to regulate the use and development of land and buildings
within The Town of Onoway and to achieve the orderly and economic development of
land, and further to:
a)
divide the municipality into districts;
b)
prescribe and regulate the use(s) for each district;
c)
establish a method of making decisions on applications for development
permits including the issuing of development permits;
d)
provide the manner in which notice of the issuance of a development permit
is to be given;
e)
establish a method of making decisions on applications for subdivision
approval in accordance with the provisions of the Municipal Government Act
and its regulations;
f)
implement the statutory plans of The Town of Onoway;
g)
establish the Development Authority and the office of the Development
Officer for The Town of Onoway.
Town of Onoway Land Use Bylaw 712-13
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1.4
PREVIOUS BYLAW
No provisions of any other Bylaws with respect to districting, development control,
and land use classifications shall hereafter apply to any part of the Town described in
this Bylaw.
1.5
METRIC AND IMPERIAL MEASUREMENTS
Whenever dimensions are present or calculations are required, the metric dimensions,
values or results shall be used. The imperial equivalents provided in parenthesis after
each reference to metric units of measurements are approximate and intended for
information only.
1.6
RELATIONSHIP TO THE MUNICIPAL GOVERNMENT ACT
1. This Bylaw is enacted under the Municipal Government Act, as amended. This
Bylaw is intended to be read in conjunction with the Municipal Government Act,
with amendments to the time of the reading. Reference should be made to the
Act and its regulations with respect to definitions of terms, administrative matters,
and the powers of agencies and officers referred to in this Bylaw, if these are not
set out in this Bylaw.
2. The Municipal Government Act references contained in certain sections of the
Bylaw are not enacted as part of this Bylaw and may be revised, as required, by
the Development Officer without the adoption by Council of an amending Bylaw.
1.7
EFFECTIVE DATE
The effective date of this Bylaw shall be the date of the third reading thereof.
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1.8
OTHER LEGISLATIVE AND BYLAW REQUIREMENTS
Nothing in this Bylaw affects the duty or obligation of a person to obtain a
development permit as required in this Bylaw, or to obtain any other permit, license,
or other authorization required by any Bylaw, or Act or any regulation pursuant to
those Acts.
1.9
DEFINITIONS OR MEANINGS
In this Bylaw:
"ACCESSORY BUILDING" - means a building which is separate from the principal
building on the parcel where both are located and which the Development Officer
decides is incidental to that of the principal building, and includes garages, and guest
houses.
"ACCESSORY USE" - means a use of a building or land which the Development
Officer decides is incidental and subordinate to the principal use of the parcel on which
it is located;
"ACT" - means MUNICIPAL GOVERNMENT ACT R.S.A. 2000, Chapter M-26, as
amended, and the regulations pursuant thereto;
"ADULT SERVICE OR ENTERTAINMENT ESTABLISHMENT" - means an
establishment where any exhibition, display, dance, or service, or the sale or rental of
products that involve the presentation or exposure to view of any portion of the female
breast below the top of the areola, male genitals, female genitals, or the pubic hair,
anus, or cleft of the buttocks of any person, or male genitals in a discernibly turgid
state even if completely and opaquely covered;
"AND" - means both, does not mean and/or;
"AMENITY AREA" - means an area which shall be provided subject to the regulations
of this Bylaw and which must be developed for the active or passive recreation and
enjoyment of the occupants of a residential development. Such area may be for either
private or communal use and may be under either individual or common ownership;
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"AMENITY AREA - PRIVATE OUTDOOR" - means an amenity area which shall be
provided subject to regulations in this Bylaw but which must be developed for the
active or passive recreation and enjoyment of the residents of a specific dwelling unit
and which is immediately adjacent to and directly accessible from the dwelling unit it
is intended to serve;
"AMUSEMENT GAME MACHINE" - means coin operated machine or device which,
whether mechanical, electrical or electronic, shall be ready for play by the insertion of
a coin or token and may be used by the public for playing any game of skill, chance
or mixed skill and chance, which is used to afford entertainment or amusement to the
operator and without limiting the generality of the foregoing, shall include devices
such as pinball machines or any device which utilizes a video tube to reproduce
symbolic figures and lines intended to be representative of real games or activities;
"AMUSEMENT ARCADE" - means any building or place or part thereof containing
a group of more than two amusement game machines;
"APARTMENT" - means a building designed and built to contain three or more
dwelling units with shared services from the street, shared facilities, and shared
outside entrances;
"AUTOMOMOBILE SERVICE CENTRE" - means a development or portion of a
large retail establishment used exclusively for the repair and maintenance of
passenger vehicles and other single-axle vehicles and excludes the sale or other
distribution of petroleum products such as gasoline, propane, diesel and other fuels;
"AREA OF COPY" - means the entire area within a single common continuous
perimeter enclosing the extreme limits of the advertising message, announcement or
decoration on the sign, and shall be for the purpose of area calculation square or
rectangular in shape;
"AREA REDEVELOPMENT PLAN" - means a plan accepted or adopted by Council
as an area redevelopment plan pursuant to Section 634 of the Municipal Government
Act;
"AREA STRUCTURE PLAN" - means a plan accepted or adopted by Council as an
area structure plan pursuant to Section 633 of the Municipal Government Act;
"BED AND BREAKFAST OPERATION" - means a minor and ancillary/subordinate
commercial use of a residence where accommodation is provided for periods of
fourteen (14) days or less in three or fewer guest rooms;
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"BI-LEVEL" - means a dwelling that has the main living area on one storey, but
raised to such a level that the upper face of the floor is not greater than 1.8 m above
grade, and not a two-storey dwelling;
"BILLBOARD SIGN" - see SIGN, BILLBOARD;
"BOARDER OR LODGER" - means an individual residing in a dwelling unit along
with another individual or other individuals, who is (are) the principal occupant(s) of
the dwelling unit and to whom the boarder or lodger is not related by blood or
marriage, where accommodation and meals are provided for compensation to the
principal occupant(s) pursuant to an agreement or arrangement;
"BOARDING OR LODGING HOME" - means a building (other than a hotel or
motel) containing not more than fifteen sleeping rooms where meals or lodging for
four or more persons are provided for compensation pursuant to previous
arrangements or agreement;
"BODY RUB CENTRE" - means a Personal Service Shop development where services
are provided that involve the physical external manipulation of the soft tissues of the
human body that are performed, offered or solicited for a fee in a manner that appeals
to or is designed to appeal to erotic or sexual appetites or inclinations. This includes
but is not limited to a body rub advertised by any means as "sensual", "sexy or by
any other word or any depiction having like meaning or implication;
"BUILDING" - includes any structure, erection, stockpile, sign or fixture that may be
built or placed on land;
"BUILDING HEIGHT" - means the vertical distance between grade and the highest
point of a building; excluding an elevator housing, a mechanical housing, a roof
stairway entrance, a ventilating fan, a skylight, a steeple, a chimney, a smoke stack,
a fire wall, a parapet wall, a flagpole or similar device not structurally essential to the
building;
"CANOPY" - means a projection extending from the outside wall of a building
normally for the purpose of shielding a part of the building from the sun;
"CANOPY SIGN" - see SIGN, CANOPY;
"CARPORT" - means a roofed structure used for storing or parking of not more than
two private vehicles which has not less than 40% of its total perimeter open and
unobstructed;
"CAR WASH" - means a building used for the purpose of washing motor vehicles;
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"CHATTEL" - means a moveable item of personal property;
"CLUSTER HOUSING" - means a group of dwellings, either detached or attached,
located on a single parcel with shared yard and parking provisions;
"CONVENIENCE RETAIL STORE" - means a development used for the retail sale
of goods required by the neighbourhood residents or employees or the travelling
public on a day-to-day basis;
"CORNER" - means the intersection of any two property lines of a parcel;
"CORNER PARCEL" - see PARCEL, CORNER;
"COUNCIL" - means the Council of The Town of Onoway;
"CURB CUT" - means the lowering of a curb, sidewalk or boulevard to provide
vehicular access to a parcel;
"DAY CARE FACILITY" - means a facility and program for the provision of care,
maintenance and supervision for four or more children under the age of fifteen years,
by a person other than one related by blood or marriage, for periods of more than
three (3) but less than twenty-four (24) consecutive hours, other than institutions
operated by or under the authority of the Director of Child Welfare;
"DECK" - means a hard surfaced (usually wooden) area usually adjoining a dwelling
unit; no more than 0.6 m (1.97 ft.) high above grade, for outdoor living;
"DENSITY" - means a quantitative measure of the average number of persons,
families or dwelling units per unit of area;
"DESIGNATED OFFICER" - means a person authorized to exercise development
authority powers on behalf of the municipality pursuant to the provision of the
Municipal Government Act and this Bylaw;
"DEVELOPABLE AREA" - means an area of land suitable for a building site and
containing adequate surface elevation to preclude marshland, wetland, or high water
table conditions;
"DEVELOPER" - means an owner, agent or any person, firm or company required to
obtain or having obtained a development permit;
"DEVELOPMENT" - means development as defined in the Act, and includes the
following:
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(i) the carrying out of any construction or excavation, or other operations,
in, on, over or under land, or the making of any change in the use or the
intensity of use of any land, buildings or premises, and, without restricting
the generality of the foregoing, includes the removal of topsoil. For the
purposes of this Bylaw, development also means the demolition of a
building,
(ii) in a building or on a parcel used for dwelling purposes, any increase in
the number of dwelling units in the building or on the parcel, and any
alteration or additions which provide for an increase in the number of
dwelling units within the building or on the parcel,
(iii) the placing of refuse or waste material on any land,
(iv) the resumption of the use for which land or buildings had previously
been utilized,
(v) the use of the land for the storage or repair of motor vehicles or other
machinery or equipment,
(vi) the continued use of land or of a building for any purpose for which it
is being used unlawfully when this Bylaw comes into effect,
(vii) the more frequent or intensive use of land for the parking of trailers,
bunkhouses, portable dwellings, skid shacks or any other type of portable
building whatsoever whether or not the same has been placed or affixed to
the land in any way,
(viii) the erection of signs,
(ix) the recommencement of any use to which the land or buildings had
been, previously put, if that use had been discontinued for a period of more
than six months, and
(x) removal of top soil, trees and earth and gravel extraction from the land,
(xi) the installation of any type of sewage disposal system including, but
not limited to, holding tanks and outside privies,
(xii) the digging of a well or installation of a water cistern;
"DEVELOPMENT AUTHORITY" - means a Development Authority established
pursuant to Section 624 of the Municipal Government Act and may include one or
more of the following: a Development Officer, Municipal Planning Commission,
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Council, or any other person or organization that has been authorized by Bylaw to
exercise development powers on behalf of the municipality;
"DEVELOPMENT OFFICER" - means the official or officials of the Municipality
with the responsibility of receiving, considering and deciding on applications for
development under this Land Use Bylaw;
"DEVELOPMENT PERMIT" - means a certificate or document permitting a
specified development and includes, where applicable, a plan or drawing or a set
of plans or drawings, specifications or other documents. This permit is separate
and distinct from a building permit;
"DISCONTINUED" - means the time at which, in the opinion of the Development
Officer, substantial construction activity or a non-conforming use or conforming
use has ceased;
"DISCRETIONARY USE" - means a use of land or buildings provided for in the
District Regulations of this Bylaw, for which a development permit may be issued
with or without conditions;
"DOUBLE FRONTING PARCEL" - means a corner parcel which is not a flanking
parcel, but also includes a parcel which abuts two public streets (except alleys as
defined in the Highway Traffic Act), which are parallel or nearly parallel where
abutting the parcel;
"DRIVE-IN BUSINESS" - means an establishment which services customers
traveling in motor vehicles driven onto the parcel where such business is carried
on, where normally the customer either remains in the vehicle for service, or parks
his vehicle for a short period for the purpose of doing business at the premises,
and includes service stations;
"DUPLEX" - means a dwelling containing two dwelling units and either sharing
one common wall in the case of side-by-side units, or having the dwelling area of
one located above the dwelling area of the other in the case of vertical units, each
with a private entry;
"DWELLING" - means any building used principally for human habitation and
which is supported on a permanent foundation extending below ground level, and
includes single detached dwellings, but does not include temporary living
accommodations;
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"DWELLING UNIT" - means a self-contained living premise with cooking, eating,
living, sleeping and/or sanitary facilities for domestic use of one or more
individuals;
"EASEMENT" - means a right to use land, generally for access to other property
or as a right-of-way for a public utility;
"EXCAVATION" - means any breaking of ground, except common household
gardening and ground care;
"EXTENSIVE AGRICULTURE" - means a system of tillage which depends upon
large areas of land for the raising of crops. Extensive agricultural uses include
buildings and other structures incidental to farming;
"EXTENSIVE LIVESTOCK OPERATION" - means a farming operation involving
the rearing of livestock either in conjunction with or separate from an extensive
agricultural operation, where the density of animals on the subject lot is less than
is required to be classified by Alberta Agriculture and Rural Development as an
intensive livestock operation;
"FAMILY CARE FACILITIES" - means a facility which provides resident service
in a private residence to six or fewer individuals who are not related to the resident
household. These individuals shall be handicapped, aged, disabled, or in need of
supervision, on a temporary or long term basis, in accordance with their individual
needs. This use includes the following, and such similar uses as, foster or boarding
homes for children, day care centres, group homes, and family homes;
"FASCIA SIGN" - see SIGN, FASCIA;
"FENCE" - means a vertical physical barrier constructed to prevent visual
intrusion, sound abatement or unauthorized access;
"FLANKING PARCEL" - means a corner parcel on which a side boundary is
abutting onto a street and where all other parcels which are within 9.1 m (30.0 ft.)
of the parcel have no front boundary on the same street;
"FLOOR AREA" - means the greatest horizontal area of a building above grade
within the outside surface of exterior walls or within the glass-line of exterior walls
and the centre-line of fire walls but not including the floor areas of basements,
attached garages, sheds, open porches or breezeways;
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"FOUNDATION" - means the lower portion of a building, usually concrete or
masonry, and includes the footings which transfer the weight of and loads on a
building to the ground;
"FOURPLEX" - means a dwelling containing four dwelling units contained within
one building structure and each unit having its own bathroom, cooking facilities
and service connections to the street;
"FREESTANDING SIGN" - see SIGN, FREESTANDING;
"FRONT YARD" - see YARD, FRONT;
"FRONT YARD SETBACK" - see YARD SETBACK, FRONT;
"FRONTAGE" - means the length of a street boundary measured along the front
lot line;
"GARAGE" - means an accessory building or part of the principal building,
designed and used primarily for the storage of motor vehicles;
"GAS BAR" - means an establishment used for the sale of gasoline, propane or
other fuels, the sale of lubricating oils and other automotive fluids or motor vehicle
accessories, but does not include service stations or automotive repair
establishments;
"GRADE" - means the ground elevation established for the purpose of regulating
the number of storeys and the height of a building. The building grade shall be
the level adjacent to the walls of the building if the finished grade is level. If the
ground is not entirely level the grade shall be determined by averaging the
elevation of the ground for each face of the building;
"GROSS FLOOR AREA" - means the total area of all floors used for human
occupancy within all buildings, including accessory buildings, located on any
parcel;
"GROSS LEASABLE AREA" - means the total floor area of the building contained
within the outside surface of the exterior and basement wall, but excludes
mechanical and utility rooms, public washrooms, and stairwells;
"GROUP CARE FACILITY" - means a facility which provides resident services to
seven or more individuals of whom one or more are unrelated. These individuals
may be aged, disabled or are undergoing rehabilitation, and are provided services
to meet their needs. This use includes supervised facilities such as group homes
(all ages), halfway houses, resident schools, resident facilities and foster or
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boarding homes, and psychiatric care facilities. These facilities are not intended
to include major institutional care facilities such as hospitals;
"GUEST HOUSE" - means an accessory building, used for seasonal or part time
which may contain sleeping facilities or additional facilities, and may be in addition,
but is secondary to the principal dwelling. The guest house may not be rented for
accommodation;
"HABITABLE ROOM" - means a room or enclosed space used or usable for
human occupancy, including but not limited to kitchens, bedrooms, living rooms,
family rooms and dens, excluding NON-HABITABLE ROOMS which include
bathrooms, laundries, pantries, foyers, hallways, entry ways, storage areas and
rooms in basements and cellars used only for recreational purposes or any space
in a dwelling providing a service function and not intended primarily for human
occupancy;
"HALF STOREY" - see STOREY, HALF;
"HOME DAY CARE" - means when a dwelling unit is used to provide a facility
and/or program for the care, maintenance and supervision of six or fewer children
under the age of 15 years, by a person who resides in the dwelling unit and who
is either related or unrelated to the children involved, for periods of more than
three but less than twenty four (24) consecutive hours, other than institutions
operated by or under the authority of the Alberta Child and Family Services
Authority;
"HOME OCCUPATION" - means an occupation carried on within a dwelling unit
or manufactured home and which is not visible or noticeable in any manner from
outside the dwelling. Such occupation is an accessory use and is secondary to the
residential occupancy and does not change the character thereof;
"HOME OFFICE" - means a "HOME OCCUPATION" where the following are
adhered to:
(i)
No individual other than the permanent resident of the dwelling unit
operates the home office;
(ii)
No client or customer is received in the dwelling unit for business purposes;
(iii)
The home office does not generate any pedestrian or vehicular traffic;
(iv)
There are no on-site exterior signs or advertisements of the home office;
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(v)
No materials, goods or finished products for business purposes are stored
on-site; and
(vi)
The home office is operated as an accessory use only and must not change
the residential character or external appearance of the dwelling unit.
"INDOOR EATING ESTABLISHMENT" - means an establishment where a
combination of food and non-alcoholic drink are intended to be consumed within
the confines of the establishment;
"INTERIOR PARCEL" - see PARCEL, INTERIOR;
"LANDSCAPING" - means to preserve or change the natural features of a parcel
by adding lawns, trees, shrubs, ornamental plantings, fencing, walks, driveways
or other structures and materials as used in modern landscape architecture;
"LANE" - means a public thoroughfare for vehicles, the right-of-way of which does
not exceed 10.0 m (32.8 ft.) and is not less than 6.0 m (19.7 ft.) wide, and which
provides a secondary means of access to a parcel or parcels, or as defined as an
alley in the Highway Traffic Act;
"LIVING ROOM" - means any room in a dwelling unit used primarily for the social
activities of the occupants and which is designed for general living whether or not
combined with specific activities such as dining, food preparation or sleeping;
"LOADING SPACE" - means an off-street space on the same parcel as a building
or group of buildings, for the temporary parking of a commercial vehicle while
commodities are being loaded or unloaded;
"LOT" - means a parcel of land, the boundaries of which are separately described
in a certificate of title, which may or may not be shown on a registered plan of
subdivision;
"MAIN BUILDING" - see PRINCIPAL BUILDING;
"MAJOR EATING OR DRINKING ESTABLISHMENT" - means development
where prepared food and beverages are offered for sale to the public from
establishments which are characterized by one or more of the following features:
the provision of theatre, dancing or cabaret entertainment; facilities primarily
intended for the on-premise catering of food to large groups; and, facilities
primarily intended for the provision and consumption of alcoholic beverages which
have a seating capacity for 100 or more persons. Typical uses include beverage
rooms, cocktail lounges, cabarets, nightclubs, theatre restaurants and banquet
facilities;
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"MANUFACTURED HOME" - means a dwelling which is constructed with a
chassis or related assembly that allows for the permanent or temporary
attachment of a hitch and assembly to enable relocation of the dwelling. A
manufactured home may be a single structure (single wide) or two parts which
when put together (double wide) comprises a complete dwelling. Manufactured
homes do not include stick built dwellings, modular homes, mobile homes, or
temporary living accommodation. Under this Bylaw, a manufactured home
features the following design standards1
a)
a minimum roof pitch of 5 cm (2 inches) of vertical rise for every 30.5 cm
(12 inches) of horizontal run (2:12 pitch);
b)
have a roof surface of wood or asphalt shingles, clay or concrete tile, slate
shingles, sheet metal shingles, or hand split shakes;
c)
have a minimum roof overhang or eaves of 30.5 cm (1 foot) from the
primary surface of each façade;
d)
have a minimum length width (or width length) ratio of 2:1;
e)
meets the National Building Code of Canada CAN/CSA A277 standard; and
f)
constructed after January 1, 1996.
"MEDICAL CLINIC" - means a development used for the provision of publicly
owned or privately owned physical and mental health services on an outpatient
basis;
"MINOR" - means where added as a prefix to a permitted or discretionary use, a
use which due to its nature or relatively small size will, at the discretion of the
Council, have a limited impact on surrounding uses, or which is intended to serve
a small or local rather than a major or municipal area;
"MINOR EATING OR DRINKING ESTABLISHMENT" - means development
where prepared food and beverages (both non-alcoholic and alcoholic) are offered
for sale to the public, for consumption within the premises. This use class includes
neighbourhood pubs, licensed restaurants, cafes, delicatessens, tea rooms, lunch
rooms;
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"MOBILE HOME" - means a dwelling which was constructed prior to January 1,
1996, does not meet the National Building Code of Canada CAN/CSA A277
standard, with a chassis or related assembly that allows for the permanent or
temporary attachment of a hitch and wheel assembly to enable relocation of the
dwelling. A mobile home does not include a modular home, manufactured home,
temporary living accommodation or single detached dwelling as described in this
Bylaw. A mobile home may be a single structure (single wide) or two parts which
when put together (double wide) comprises a complete dwelling;
"MANUFACTURED HOME LOT" - means the space allotted for the installation
of one (1) manufactured home in any manufactured home park or manufactured
home subdivision;
"MODULAR HOME" - means a dwelling which is prefabricated or factory built
and which is assembled on the parcel in sections, but such sections have neither
chassis, nor running gear or its own wheels, and the sections may be stacked side
by side or vertically. Furthermore Modular Home means a dwelling which has a
length to width (or width to length) ratio of no greater than 2:1. This rule shall
not apply to those portions of a dwelling which are deemed by the development
authority to be neither deck nor attached garage. A modular home does not
include a single detached dwelling, manufactured home, temporary living
accommodation, or mobile home;
"MULTI-FAMILY DWELLING" - means a dwelling containing more than four
dwelling units;
"MUNICIPAL DEVELOPMENT PLAN" - means a plan adopted by Bylaw as a
Municipal Development Plan pursuant to Section 632 of the Municipal Government
Act;
"MUNICIPAL PLANNING COMMISSION" - means the Town of Onoway
Municipal Planning Commission as established by Bylaw, and any amendments
thereto;
"MUNICIPALITY" - means The Town of Onoway;
"NON-CONFORMING BUILDING" - means a building:
(i) that is lawfully constructed or lawfully under construction at the date a Land
Use Bylaw or any amendment thereof affecting the building or land on which the
building is situated becomes effective, and
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(ii) 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:
(i) being made of land or a building or intended to be made of a building lawfully
under construction, at the date the Land Use Bylaw or any amendment thereof
affecting the land or building becomes effective, and
(ii) 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;
"OCCUPANCY" - means the use or intended use of a building or part thereof for
the shelter or support of persons or property;
"OFF-SITE SIGN" - see SIGN, OFF-SITE;
"OFF-STREET PARKING" - means an off-street facility for the parking of three
or more vehicles;
"ON-PARCEL SEWAGE DISPOSAL SYSTEM" - means a method of treating
effluent recognized by Alberta Labour and/or Alberta Environment involving the
containment of sewage effluent in an impermeable holding tank for transfer to a
central depot for decomposition or the actual primary or secondary treatment of
sewage effluent on the parcel of its origin and may include a septic tank, holding
tank or evapo-transpiration mound system but does not include pit style privies.
"OUTDOOR EATING ESTABLISHMENT" - means an establishment where a
combination of food and non-alcoholic drink are normally consumed either outside
or inside the confines of the establishment;
"PARAPET WALL" - means that part of an exterior, party wall or fire wall
extending above the roof line or a wall which serves as a guard at the edge of a
balcony or roof;
"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;
"PARCEL AREA" - means the total area of a parcel;
"PARCEL, CORNER" - means a parcel at the intersection of two abutting streets;
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"PARCEL COVERAGE" - means the combined area, measured at 1.0 m (3.0 ft.)
above grade, of all buildings on a parcel excluding all features which would be
permitted under this Bylaw as projections into required yards;
"PARCEL DEPTH" - means the average distance between the front and rear
property lines;
"PARCEL, INTERIOR" - means a parcel which is bounded by only one street;
"PARCEL WIDTH" - means the distance between the side property lines of a
parcel at the minimum permissible front yard, measured parallel to the road or to
the tangent on a curved road;
"PARK" - means a parcel of land designated for public use as municipal reserve
land or by Resolution or Bylaw of Council;
"PARKING FACILITY" - means the area set aside for the storage and parking
of vehicles and includes parking stalls, loading spaces, aisles, entrances and exits
to the area, and traffic islands where they are part of the parking facility;
"PARKING STALL" - means a space set aside for the parking of one vehicle;
"PATIO" - means the paved, wooden or hard-surfaced area adjoining a house,
no more than 0.6 m above grade, used for outdoor living;
"PERMITTED USE" - means the use of land or a building provided for in this
Bylaw for which a development permit shall be issued, with or without conditions,
upon an application having been made which conforms to the Land Use Bylaw;
"PERSONAL SERVICE ESTABLISHMENT" - means a development used for the
provision of personal services to an individual which are related to the cleaning
and repair of personal effects or of the care and appearance of the body. Typical
uses include but are not limited to the following: hairdressers, shoe repair, dress
makers, laundry cleaning facility and jeweler;
"PERSONAL SERVICES" - means establishments that provide services to the
general public, and in which any retail sale of merchandise associated with the
service provided is incidental to the provision of services, but not including a "body
modification establishment", "cheque-cashing facility", funeral chapel or
mortuary", or "medical/dental/optical/counselling clinic";
"PLACES OF WORSHIP" - means development owned by a religious
organization used for worship and related religious, philanthropic, or social
activities including rectories, manses, classrooms, dormitories and accessory
Town of Onoway Land Use Bylaw 712-13
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buildings. Typical uses include churches, chapels, mosques, temples, synagogues,
parish halls, convents and monasteries;
"PLANTING" - see LANDSCAPING;
"PORTABLE SIGN" - see SIGN, PORTABLE;
"PRINCIPAL BUILDING" - means a building which, in the opinion of the
Development Authority,
(i) occupies the major or central portion of a parcel,
(ii) is the chief or main building among one or more buildings on the parcel, or
(iii) constitutes by reason of its use the primary purpose for which the parcel is
used;
"PRINCIPAL USE" - means the primary purpose, in the opinion of the
Development Authority, for which a building or parcel is used. There shall be no
more than one principal use on each parcel unless specifically permitted otherwise
in the Bylaw;
"PRIVATE CLUB OR LODGE" - means a development used for the meeting,
social or recreational activities of members of non-profit, philanthropic, social
service, athletic business or fraternal organizations, and does not include any on
parcel residence;
"PRIVATE LIQUOR OUTLET" - means a development where alcoholic beverages
are offered to the public for retail sale and consumption off premises;
"PRIVY" - means an indoor and/or outdoor toilet facility and/or outhouse;
"PROFESSIONAL, FINANCIAL, OFFICE, AND BUSINESS SUPPORT
SERVICE" - means development primarily used for the provision of professional,
management, administrative, consulting, and financial services. Typical uses
include the following and similar uses as offices of lawyers, accountants,
engineers, planners, doctors and architects; offices for real estate and insurance
firms; clerical, secretarial, employment, telephone answering, and similar office
support services; banks, credit unions, loan offices and similar financial uses; and
printing establishments, film processing establishments, janitorial firms and
business equipment repair shops;
"PROJECTING SIGN" - see SIGN, PROJECTING;
Town of Onoway Land Use Bylaw 712-13
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"PUBLIC PARK" - means an active or passive public recreation area together
with any accessory buildings or uses complimentary to the said recreational
purpose;
"PUBLIC USES" - means a building, structure or lot used for public services by
the Municipality, by any Department, Commission or Agency of any other Municipal
Corporation or Government of Alberta or Canada, or by any Railway Company or
Utility;
"PUBLIC UTILITY" - means the right of way for one or more of the following:
sanitary and storm water sewerage, telecommunications systems, water works
systems, irrigation systems, systems for the distribution of gas, whether natural or
artificial, systems for the distribution of artificial light or electric power and heating
systems;
"PUBLIC UTILITY BUILDING" means a building to house a public utility, its
office or equipment;
"QUASI-PUBLIC USE" - means a development which is used for the meeting,
social or recreational activities of its members, which may or may not include the
general public. Typical quasi-public uses include private schools excluding
commercial schools, indoor and outdoor recreational facilities, hospitals, lodges or
clubs, cemeteries, galleries, museums, churches or places of worship, and
libraries;
"REAL PROPERTY REPORT" - means a codified standard report adopted by the
Alberta Land Surveyor's Association which contains pertinent information on a
parcel of land and the development which exists on the property;
"REAR YARD" - see YARD, REAR;
"REAR YARD SETBACK" - see YARD SETBACK, REAR;
"RECREATIONAL EQUIPMENT" - means any permanent building, the intended
use of which is for either active or passive recreation. Certain types of sidewalk
furniture may be classified as recreational equipment at the discretion of the
Development Officer;
"RECREATIONAL USE" means a development providing for commercial or non-
commercial leisure activities located to take advantage of the natural setting,
without restricting the generality of the foregoing, this shall include:
Town of Onoway Land Use Bylaw 712-13
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i) non-facility oriented recreational activities such as hiking, cross country skiing,
rustic camping, and other similar uses, and
ii) means an active or passive recreational use and any facility or building required
to carry out said activity;
"REGISTERED OWNER" - means
(a)
in the case of land owned by the Crown in right of Alberta or the Crown in
right of Canada, the Minister of the Crown having the administration of the
land, or
(b)
in the case of any other land,
i)
the purchaser of the fee simple estate in the land under an
agreement for sale that is the subject of a caveat registered against
the certificate of title in the land and any assignee of the purchaser's
interest that is the subject of a caveat registered against the
certificate of title, or
ii)
in the absence of a person described in paragraph (b)(i) above, the
person registered under the Land Titles Act as the owner of the fee
simple estate in the land;
"REPAIR SERVICE ESTABLISHMENT" - means a development used primarily
for the repair, refinishing or reconditioning of consumer goods such as, but not
limited to, electronic equipment, office equipment, household appliances, clothing
and footwear, bicycles, etc. The repaired, refinished or reconditioned consumer
goods, as referred to above, may be sold on the premises but the retail sales
component must be clearly secondary to the primary use. Automobiles or any
other motorized vehicles such as, but not limited to, trucks, recreational vehicles
or buses are not included in the definition of consumer goods described above;
"RESTAURANT" means a facility for the primary operation of a full service, sit
down, eating establishment but excludes the operation of a purely drinking
establishment, bar, lounge, pool hall, casino, video lottery terminals and private
liquor outlet;
"RETAIL ESTABLISHMENT" - means a development used for the retail sale of
a wide variety of consumer goods including the following and such similar uses as,
groceries and beverages, electronic goods, furniture and appliances, hardware and
home improvement supplies, household goods, printed matter, confectionery,
pharmaceutical and personal care items, office supplies, stationery, etc.;
"ROOF SIGN" - see SIGN, ROOF;
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"ROW HOUSING" - means a group of three or more dwelling units having a
common wall or structural feature, with each unit having direct access to the
outside grade, but shall not mean an apartment;
"SECOND HAND STORE OR ESTABLISHMENT" - means a retail store whose
merchandise may include previously owned goods offered for sale or for sale on a
consignment basis to the general public;
"SEPARATION SPACE" - means the horizontal open space provided around a
dwelling to ensure no conflict of visibility from dwellings and adequate light, air
and privacy, for activities undertaken within the dwelling. Unless otherwise
specified in this Bylaw, a separation space may be partially or entirely outside the
parcel boundaries of a dwelling unit;
"SERVICE STATION" - means a parcel or the portion thereof used or intended
to be used for any of the following: the servicing or repairing of motor vehicles,
the sale of gasoline, the sale of lubricating oils and other automotive fluids,
accessories for motor vehicles, and a towing service dispatch point;
"SETBACK" - means the minimum horizontal distance between the parcel
boundary and the nearest point on the exterior wall or chimney of the building, or
another part of the building if specified elsewhere in this Bylaw;
"SEWAGE COLLECTION SYSTEM" - means a privately or publicly owned system
for treating sewage effluent, recognized by Alberta Environment, consisting of
either a communal or an on-site sewage collection system;
"SEWAGE COLLECTION SYSTEM - COMMUNAL" - means a sewerage project
for sewage disposal (as defined under Safety Codes Act) which involves the
transfer of effluent from its place of origin, such as an On-Site Sewage Collection
System, to a central holding area, such as a lagoon, where primary and secondary
treatment can occur;
"SEWAGE COLLECTION SYSTEM - ON SITE" - means a method of sewage
collection, and treatment recognized under the Safety Codes Act. Sewage
containment systems may include impermeable holding tanks for transfer to a
communal sewage collection system, septic fields, and evaporation mounds, but
does not include any form of outhouse or privy that is not capable of
accommodating grey water waste;
"SHOPPING CENTRE" - means one or more architecturally unified buildings
which contain retail and personal service establishments located on a parcel
Town of Onoway Land Use Bylaw 712-13
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planned and developed as a single development and characterized by the sharing
of common parking areas and driveways;
"SHORT FORM" - means an abbreviation;
"SHOW HOME" - means a permanent dwelling which is constructed for the
temporary purpose of illustrating to the public the type or character of a dwelling
or dwellings to be constructed in other parts of a subdivision or development area.
Show homes may contain offices for the sale of other lots or dwellings in the area;
"SIDE YARD" - see YARD, SIDE;
"SIDE YARD SETBACK" - see YARD SETBACK, SIDE;
"SIGHT TRIANGLE" - means that triangle formed by a straight line drawn
between two points on the exterior boundaries of the said parcel 9.14 metres from
the point where they intersect;
"SIGN" - means an object or device intended for the purpose of advertising or
calling attention to any person, matter, thing or event, the specifications, design
and location of which must first be approved by the Development Authority;
"SIGN, AREA OF" - means the total superficial area within the outer periphery
of the said sign, and, in the case of a sign comprised of individual letters or symbols
shall be calculated as the area of a rectangle enclosing the letters or symbols.
Frames and structural members not bearing advertising matter shall not be
included in computation of surface area;
"SIGN, BILLBOARD" - means a sign supported by one or more uprights, braces
or pylons, which stands independently of a building and may or may not contain
advertising copy related to the development within the parcel upon which the
billboard sign is located;
"SIGN, CANOPY" - means a sign which is part of or attached to the outside edge
of a canopy;
"SIGN, FASCIA" - means a sign, plain or illuminated, running parallel for its
whole length to the face of the building to which it is attached, but in no case does
its vertical dimension exceed 1.5 m;
"SIGN, FREESTANDING" - means a sign supported by one or more uprights,
braces or pylons, and which stands independently of buildings;
"SIGN, OFF-SITE" - means a sign that advertises goods, products, services or
facilities, or directs persons to a different location from where the sign is located.
Town of Onoway Land Use Bylaw 712-13
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Such a sign is not located on the parcel of the goods, products, services or facilities
advertised;
"SIGN, PORTABLE" - means a sign with a total area on one face of no greater
than 4.6 m2 mounted on a frame or on a trailer, stand or similar support which
together with the support can be relocated to another location, and may include
copy that can be changed manually through the use of detachable characters;
"SIGN, PROJECTING" - means a sign which is affixed to any building or part
thereof and extends beyond the building wall or parts thereof by more than 0.3 m
(1.0 ft.). This does not include a sign attached to the ground;
"SIGN, ROOF" - means any sign erected upon, against or directly above a roof
or on top of or above the parapet wall of a building;
"SIGN, TEMPORARY" - means a sign which may or may not be portable in
nature, and which is located on a parcel for a limited or specified period of time;
"SIGN, UNDER-CANOPY" - means a sign which is attached to the bottom face
of a canopy;
"SIGN, WALL" - means a sign that is attached to or placed flat against the
exterior wall or surface of any building, no portion of which projects more than
0.1 m (0.33 ft.) from the wall, and which does not project above the roof or
parapet;
"SINGLE DETACHED DWELLING" - means a complete building intended to
be used as a permanent residence not separated from direct access to the
outside by another separate or self-contained portion of a building and has a
length to width ratio of no more than 2.0 :1. Does not include a mobile home or
manufactured home as defined under this Bylaw;
"SPLIT LEVEL" - means a dwelling that has three separate living areas, each
separated from the next by one half-store;
"STATUTORY PLAN" - means a municipal plan, area structure plan or area
redevelopment plan pursuant to the Municipal Government Act;
"STOREY" - means the habitable space between the upper face of one floor and
the next above it. The upper limit of the top storey shall be the ceiling above the
topmost floor. A basement or cellar shall be considered a storey in calculating the
height of a building if the upper face of the floor above it is more than 1.8 m
(5.9 ft.) above grade;
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"STOREY, HALF" - means that part of any building wholly or partly within the
framing of the roof, where the habitable floor area is not more than 70% of the
ground floor;
"STREET" - means a right-of-way no less than 10.0 m (32.8 ft.) in width for a
public thoroughfare and designed for the use of vehicular or pedestrian traffic, but
does not include a lane or as defined as a street in the Highway Traffic Act;
"STRUCTURE" - means anything constructed or erected on the ground, or
attached to something on the ground, and includes all buildings;
"SUBDIVISION AND DEVELOPMENT APPEAL BOARD" - means a subdivision
and development appeal board appointed pursuant to the Municipal Government
Act;
"SUBDIVISION AUTHORITY" - means a subdivision authority established
pursuant to Section 623 of the Municipal Government Act. The Council has been
authorized by this Bylaw to exercise subdivision authority powers on behalf of the
municipality;
"SUBDIVISION OFFICER" means a person authorized to accept, process and
endorse subdivisions on behalf of the subdivision authority pursuant to the
provisions of the Municipal Government act;
"SUN DECK" - see PATIO;
"SURVEILLANCE SUITE" - means a Single Detached Dwelling, as defined in this
Bylaw, or modular home, as defined in this Bylaw, used solely to accommodate a
person or persons related as a family, or employee, whose official function is to
provide surveillance, maintenance and/or security for a development provided for
in the land use districts in which basement surveillance suites are listed either as
a permitted or discretionary use. The Single Detached Dwelling or modular home
as defined herein shall form part of the development with which it is associated
and clearly be a subordinate use of the parcel on which it is located;
"TEMPORARY BUILDING" - means a structure that has been permitted to exist
for a limited time only;
"TEMPORARY LIVING ACCOMMODATION" - means any recreational vehicle,
(holiday trailer, motor home, camper or tent trailer) situated on a residential lot;
"TEMPORARY SIGN" - see SIGN, TEMPORARY;
"TOWN HOUSING" - see ROW HOUSING;
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"TOWN OF ONOWAY" - means, as the case may be, an incorporated
municipality known and registered as the Town of Onoway, the Council of the
Town of Onoway and/or any person(s) authorized by the Council of the Town of
Onoway to undertake activities prescribed in and associated with the Land Use
Bylaw in accordance with the Land Use Bylaw or any other bylaw, resolution or
adopted procedure;
"TRAFFIC ISLAND" - means an area or space officially set aside within a street
lane or parking lot as prohibited for use by motor vehicles and which is marked or
indicated by construction as to be plainly visible at all times;
"TRIPLEX" - means a dwelling containing three dwelling units;
"UNDER-CANOPY SIGN" - see SIGN, UNDER-CANOPY;
"USE" - means a use of land or a building as determined by the Development
Officer and/or Council;
"UTILITY" - means the components of a sewage, storm water or solid waste
disposal system, or a telecommunication, electrical power, water, gas or oil
distribution system;
"UTILITY BUILDING" - means a building in which the proprietor of a utility
company maintains his office or offices and/or maintains or houses any equipment
used in connection with the utility;
"WALL SIGN" - see SIGN, WALL;
"WAREHOUSE" - means a structure used for the storage and distribution of raw
materials, processed or manufactured goods, and establishments providing
servicing for those purposes;
"WATER DISTRIBUTION SYSTEM" - means a waterworks system (as defined
in the Plumbing and Drainage Act) that serves 2 or more dwelling units which is
registered by title only, on all titles involved;
"YARD" - means a required open space unoccupied and unobstructed by any
structure or portion of a structure above the general ground level of the graded
lot, unless otherwise permitted in this Bylaw;
"YARD, FRONT" - means that portion of the parcel extending across the full
width of the parcel from the front property boundary line of the parcel to the front
wall of the main building;
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"YARD, REAR" - means that portion of the parcel extending across the full width
of the parcel from the rear property boundary of the parcel to the exterior wall of
the building;
"YARD, SIDE" - means that portion of the parcel extending from the front yard
to the rear yard and lying between the side property boundary of the parcel and
the nearest portion of the exterior wall of the building.
"YARD SETBACK" - means a required open space unoccupied and unobstructed
by any structure or portion of a structure above the general ground level of the
graded parcel, unless otherwise permitted in this Bylaw;
"YARD SETBACK, FRONT" - means that portion of the parcel extending across
the full width of the parcel, from the front parcel boundary, back to a distance
required under the land use district regulations. A parcel abutting onto two streets
or more shall have a front yard on each street in accordance with Section 4.19 of
this Bylaw;
"YARD SETBACK, REAR" - means that portion of the parcel extending across
the full width of the parcel from the rear parcel boundary back to a distance
required under the land use district regulations;
"YARD SETBACK, SIDE" - means that portion of the parcel extending from the
side parcel line back to that distance required under the land use district
regulations and extending from the front yard setback to the rear yard setback;
"ZERO SIDE YARD" - means a case in which a development is permitted to be
built on the side parcel line, with no required side yard setback on the side to
which the development is located.
All other words and expressions have the meanings respectively assigned to them
in the Municipal Government Act.
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PART 2 - ESTABLISHMENT OF DEVELOPMENT CONTROL AGENCIES
2.1
ESTABLISHMENT OF DEVELOPMENT AUTHORITY
1. The Development Authority for The Town of Onoway is established under this
Bylaw pursuant to Section 624 of the Municipal Government Act.
2. The Development Authority for The Town of Onoway is:
i)
the person(s) appointed by resolution of Council as Development Officer
pursuant to this Bylaw, and
ii)
the Municipal Planning Commission established by Bylaw pursuant to the
Municipal Government Act.
iii)
the Council for The Town of Onoway in matters related to Direct Control
Districts.
3. The office of the Development Officer is established through this Bylaw and shall
be filled by person(s) employed, or contracted, by The Town of Onoway.
4. The Development Authority shall be carried out in accordance to powers and duties
described in the Municipal Government Act, regulations established under the Act,
and this Bylaw, as amended from time to time.
5. For the purpose of the Development Authority, the Development Officer is hereby
declared to be an authorized person of The Town of Onoway.
6. The Development Officer shall perform such duties that are specified under this
Bylaw.
7. The Development Officer shall keep and maintain for the inspection of the public
during all reasonable hours, a copy of this Bylaw and all amendments thereto;
keep a register or all applications for development, including the decisions thereon
and the reasons therefore.
8. For the purposes of right of entry, the Development Officer is hereby declared an
authorized person of Council.
Town of Onoway Land Use Bylaw 712-13
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9. For the purposes of Section 542 of the Act, the Development Officer is hereby
designated as authorized by the Municipality to discharge the relevant powers and
functions.
2.2
ESTABLISHMENT OF MUNICIPAL PLANNING COMMISSION
The Municipal Planning Commission is established by a separate Municipal Planning
Commission Bylaw of The Town of Onoway, as amended.
The Municipal Planning Commission shall perform such duties as are specified in this
Bylaw and as are specified in the Municipal Planning Commission Bylaw.
2.3
ESTABLISHMENT OF SUBDIVISION AND DEVELOPMENT APPEAL
BOARD
1. The Subdivision and Development Appeal Board for The Town of Onoway, as
established through The Town of Onoway Subdivision and Development Appeal
Board Bylaw, as amended, shall perform the duties and functions as described in
the Bylaw and the Act.
2. The Subdivision and Development Appeal Board shall review all appeal applications
within its jurisdiction for development appeal, stop order appeal, and subdivision
application appeal.
2.4
AMENDMENT OF THE LAND USE BYLAW
1. The Council on its own initiative may give first reading to a bylaw to amend this
Land Use Bylaw.
2. A person may make application to the Development Officer for amendment to this
Land Use Bylaw. The application shall include:
a) a statement of the specific amendment requested;
b) the purpose and reason for the application;
Town of Onoway Land Use Bylaw 712-13
Page 30
c) if the application is for a change of district, the legal description of the lands,
or a plan showing the location and dimensions of the lands;
d) the applicant's interest in the lands;
e) an application fee to be determined by resolution of Council;
f) the cost of advertising for the public hearing; and
g) such other information as the Development Officer or Council deems necessary
to assess the motive of the application.
3. Upon receipt of a completed application along with all information required to
process the application for amendment to this Land Use Bylaw, the Development
Officer shall determine when the application will be placed before the Council and
shall issue not less than ten (10) day's notice to the applicant advising that he may
appear before Council at that time, and speak to the application. The Development
Officer shall place an application for amendment before the council within sixty
(60) days of its receipt.
4. The Council, in considering an application for an amendment to this Land Use
Bylaw, may at its sole discretion:
a) refer the application for further information; or
b) pass first reading to a bylaw to amend this Land Use Bylaw, with or without
modifications; or
c) pass first reading of an alternate amendment to this Land Use Bylaw.
5. Following first reading to an amending bylaw, Council shall:
a) establish the date, time and place for a public hearing on the proposed bylaw;
b) outline the procedure to be followed by anyone wishing to be heard at the
public hearing; and
c) outline the procedure by which the public hearing will be conducted.
6. Following passage of the first reading to an amending bylaw, the Development
Officer shall issue notice of the public hearing:
a) by publication in two issues of a newspaper circulating in the area, the
publication date of the second issue being not less than five (5) days preceding
the date of the hearing; and
Town of Onoway Land Use Bylaw 712-13
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b) by mailing notice no less than ten (10) days preceding the date of the hearing
to:
(i)
the applicant, and
(ii)
to the registered owner of the land, if not the applicant, and the owners
of adjacent land if the proposed bylaw will result in a change of district
designation.
7. The notice of the public hearing shall provide the following information:
(a) the purpose of the proposed bylaw;
(b) the date, time and place of the public hearing;
(c) that the proposed bylaw and any public documents applicable to the proposed
bylaw may be inspected at the Town Office at all reasonable times;
(d) the procedure for the public hearing.
8. Prior to the public hearing, the Development Officer may forward a copy of the
proposed bylaw to any Agency or organization the Town determines may have an
interest in the proposed amendment.
9. At the public hearing, Council shall hear:
(a) any person or group of persons acting on his or their behalf, who:
(i)
has complied with the procedures outlined by Council, and
(ii)
claims to be affected by the proposed bylaw; and
(b) any other person who wishes to make representations and whom Council
agrees to hear.
10. Council after considering:
(a) any representations made at the public hearing; and
(b) the Municipal Development Plan, any other Statutory Plan affecting the subject
property, and the provisions of the Land Use Bylaw;
may
(A) make such amendments or changes as it considers necessary to the proposed
bylaw, if any, and proceed to pass the proposed bylaw; or
Town of Onoway Land Use Bylaw 712-13
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(B) defeat the proposed bylaw.
11. Prior to third reading of the proposed bylaw, Council may require the applicant to
apply for a development permit and/or negotiate a development agreement in
respect of the proposal which initiated the application for amendment.
12. After third reading of the proposed bylaw, the Development Officer shall send a
copy of it to:
(a) The applicant; and
(b) The registered owner of the land if different from the applicant.
2.5
SECTIONS FOUND TO BE INVALID
If one or more provisions of this Land Use Bylaw are for any reason declared to be
invalid, all remaining provisions are to remain in full force and in effect.
2.6
FORMS
For the purpose of administrating the provisions of this Land Use Bylaw, Council shall,
by resolution, authorize the preparation and use of such forms and notices as it deems
necessary.
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PART 3 - DEVELOPMENT PERMITS
3.1
CONTROL OF DEVELOPMENT
No development other than that designated in Section 3.2 of this Bylaw shall be
undertaken within the municipality unless an application for it has been approved and
a development permit has been issued.
3.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
All development undertaken in the municipality requires an approved development
permit prior to commencement, except the following provided the development
conforms to all other provisions of this Bylaw:
(a) the carrying out of works of improvement, maintenance or renovation to any
building provided that such works do not include structural alterations or additions;
(b) the completion of any development which has lawfully commenced before the
passage of this Land Use Bylaw or any amendment thereof, provided that the
development is completed in accordance with the terms of any permit granted in
respect of it, and provided that the development is completed within the time limit
of such a permit or within twelve (12) months of the effective date of the Bylaw,
whichever is earlier;
(c) the use of any such development as is referred to in subsection (b) for the purpose
for which development was commenced;
(d) the erection or construction of gates, fences, walls or other means of enclosure
less than 1.0 m. in height in front yards and less than 2.0 m. in other yards, and
the maintenance or improvements of any gates, fences or walls or other means of
enclosure. No electrified wire fences shall be permitted within the corporate
boundaries of the Town;
(e) the erection or placement of a temporary building, the sole purpose of which is
incidental to the erection of a building for which a development permit has been
granted, provided the temporary building is removed within thirty (30) days of
substantial completion or as determined by the development officer;
Town of Onoway Land Use Bylaw 712-13
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(f) the completion, alteration, maintenance or repair of a street, lane or utility
undertaken upon a public thoroughfare or utility easement, or undertaken to
connect the same with any lawful use of buildings or land;
(g) any development carried out by or on behalf of the Crown but not including that
carried out by or on behalf of a Crown corporation;
(h) any development carried out by or on behalf of the municipality provided that such
development complies with all applicable provisions of this Land Use Bylaw;
(i) a portable garden or tool shed not on a fixed foundation on the residential parcel,
such building not to exceed 9.3 m2 (100.10 ft.2) in floor area and 2.5 m (8.2 ft.)
in height;
(j) development exempted from requiring a development permit under the Municipal
Government Act;
(k) signs posted or exhibited in a building;
(l) signs posted or exhibited in or on an operating motor vehicle if the vehicle is not
temporarily or permanently parked solely for the purpose of displaying the sign;
(m) a statutory or official notice of a function of The Town of Onoway;
(n) traffic signs authorized by The Town of Onoway and/or Alberta Provincial
authorities;
(o) a sign or signs posted or exhibited solely for the identification of the land or
building on which it is displayed, or to give directions to visitors, including
professional, corporate or trade name plates identifying the occupants, if the
sign(s) does not exceed 0.19 m2 (2.0 ft.2) in area, subject to all other orders,
bylaws and regulations affecting such signs;
(p) the erection of a maximum of two on-site signs relating to the sale, lease or rental
of the buildings, or land to which they are attached provided that:
(i)
such signs for any single detached dwelling or single detached dwelling
parcel does not exceed 0.56 m2 (6.0 ft.2) in area, and
(ii)
such signs for a multiple dwelling parcel, a commercial parcel does not
exceed 3.0 m2 (32.0 ft.2), and
(iii)
such sign shall not be illuminated;
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(q) campaign signs for federal, provincial, municipal or school board elections on
private properties for no more than thirty (30) days, or such other time as
regulated under provincial or federal legislation provided that:
(i)
such signs are removed within fourteen (14) days after the election date,
and
(ii)
the consent of the property owner or occupant is obtained, and
(iii)
such signs do not obstruct or impair vision or traffic, and
(iv)
such signs are not attached to trees or utility poles, and
(v)
such signs indicate the name and address of the sponsor and the person
responsible for removal;
(r) signs on land or buildings used for religious, educational, cultural, recreational,
medical or similar public or quasi-public purposes, provided that:
(i)
such signs shall not exceed 1.10 m2 (12.0 ft.2) in area, and
(ii)
there shall be a limit of one sign for each side of the land or buildings on a
different street;
(s) signs of building contractors relating to construction work in progress on the land
on which such signs are erected, provided that:
(i)
such signs do not exceed 3.0 m2 (32.0 ft.2) in area, and
(ii)
there shall be a limit of one sign for each boundary of the property under
construction which fronts onto a public street, and
(iii)
such signs shall be removed within fourteen (14) days of occupancy;
(t) landscaping where it will not adversely affect the subject or adjacent properties
but does not include changes in grade, stockpiling or excavation;
(u) hard surfacing of any yard area for the purpose of providing vehicular access from
a public roadway to an on-site parking stall provided that such hard surfacing does
not cause storm drainage to flow onto adjacent properties;
(v) the erection of radio towers, antennas, poles, etc. not exceeding 4.5 m (15 ft.) in
height from grade provided that the structure is not located in the front yard or on
public land (i.e. lakefront or beach areas);
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(w) flagpoles shall be permitted in the front yard, so long as same are not erected on
public land;
(x) A home office.
3.3
SAME OR SIMILAR USES
The uses which are listed in the permitted and discretionary use columns under the
land use districts are not intended to be exclusive or restrictive. Where a specific use
does not conform to the wording of any definition, the Development Authority may,
at his/her discretion, determine that the use conforms to the spirit and intent of the
purpose of the land use district and is determined "same" or "similar" to other uses
allowed in that land use district. Notwithstanding the above, all uses defined as
"same" or "similar" shall be considered discretionary.
3.4
DEVELOPMENT PERMIT APPLICATIONS
1. An application for a development permit shall be made to the Development
Authority in writing:
(a) on the form prescribed by Council and may be accompanied by:
(i)
a scaled parcel plan in duplicate showing the legal description, the front,
rear, and side yards and provision for off-street loading and vehicle
parking,
(ii)
a scaled floor plans, elevations and sections in duplicate,
(iii)
a statement of existing and proposed uses,
(iv)
a statement of registered ownership of land and interest of the applicant
therein together with a copy of the Certificate of Title indicating
ownership and encumbrances,
(v)
the estimated commencement and completion dates,
(vi)
the estimated cost of the project or contract price, and
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(vii)
such other plans and information as the Development Authority may
consider necessary to properly evaluate the proposed development;
(b) the Development Authority may refuse to accept an application for a
development permit where the information required by Section 3.4.1(a) has
not been supplied or where, in the opinion of the Development Authority, the
quality of the material supplied is inadequate to properly evaluate the
application; and
(c) the Development Authority may review an application and make a decision
without all of the information required by Section 3.4.1(a), if it is the opinion
of the Development Authority that a decision on the application can be properly
made without such information.
2. A non-refundable processing fee, the amount of which being determined by
Council from time to time, shall accompany each application for a development
permit. Where the development was initiated prior to the Development Permit
being issued, the fee for the said permit is double the normal rate.
3. The municipality may register a caveat pursuant to the provisions of the Land Titles
Act and the Municipal Government Act in respect of the development agreement
against the Certificate of Title for the land that is the subject of the development,
with the said caveat being discharged when the agreement has been complied
with.
4. In the case where an application for a development has been refused by the
Development Authority or ultimately after appeal pursuant to Part 3 of this Bylaw,
the submission of another application for development by the same applicant or
any other applicant,
(a) On the same parcel, and
(b) For the same or similar use;
may not be made for at least six (6) months after the date of refusal.
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3.5
DEVELOPMENT PERMITS AND NOTICES
1. A permit issued pursuant to this part shall come into effect:
(a) after the twenty-first (21) day of the date of the issue of the Notice of Decision
by the Development Officer on the application for development permit (14 day
appeal period & 7 days for mailing in province); or
(b) if an appeal is made, on the date that the appeal is finally determined and the
permit may be modified of nullified thereby.
Any development proceeded with by the applicant prior to the expiry of the above
is done solely at the risk of the applicant.
2. On the same date a development permit is issued, the Development Officer shall
publicize a notice of the issuance of the permit in any or all of the forms described
as follows:
(a) mail a notice of the decision to all persons whose use, enjoyment or value of
property may, in the opinion of the Development Officer, be affected; and/or
(b) post a notice of the decision conspicuously on the property for which the
application has been made; and/or
(c) publish in a newspaper circulating in the municipality a notice of the decision.
3. If the development authorized by a permit is not commenced within twelve (12)
months from the date of its issue, of the date of decision of the Subdivision and
Development Appeal Board, nor carried out with reasonable diligence as
determined by the Development Officer, the permit ceases to be effective, unless
an extension to this period, being no longer than an additional twelve (12) months,
has previously been granted by the Development Officer.
4. The decision of the Development Officer on an application for a development
permit shall be given to the applicant in writing.
5. If the Development Officer refuses an application for a development permit, the
notice of decision shall contain the reasons for the refusal.
6. Notwithstanding other provisions of Section 3.4.1 of this Bylaw, in accordance with
Section 685(3) of the Act, a development permit for a permitted use without
variance does not require notification other than to the landowner and applicant.
Town of Onoway Land Use Bylaw 712-13
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3.6
DECISION ON DEVELOPMENT PERMIT APPLICATIONS
1. Permitted and Discretionary Use Applications (Non-Direct Control Districts).
(a) The Development Authority shall be the approving authority for all proposed
development, which is listed as either a permitted or discretionary use under a
land use district under this Bylaw.
(b) Upon receipt a completed application for a development permit for a permitted
use, the Development Officer shall approve the application with or without
conditions, where the proposed use conforms to this Bylaw. Generally, the
Development Officer is authorized to approve all permitted use development
permit applications.
(c) Subject to Section 3.6.2(c), the Development Officer is authorized to decide all
discretionary use development permit applications which are related to an
approved use on the subject property.
(d) All development permit applications which are discretionary and not related to
an approved use on the subject property and/or which require a variance to
any quantitative regulation (i.e., side yard setback) contained in this Bylaw shall
be referred to the Municipal Planning Commission for decision.
(e) The Municipal Planning Commission is authorized to decide all development
permit applications that are referred to it by the Development Officer.
(f) When approving a discretionary use application, the Development Authority
may attach conditions to the approval to ensure that the proposal conforms to
this Bylaw.
2. Variance Provisions:
(a) The Development Authority may conditionally approve a proposed use that
does not comply with this Bylaw, if, in its opinion,
(i)
the proposed development would not,
(A) unduly interfere with the amenities of the neighbourhood, or
(B) materially interfere with or affect the use, enjoyment, or value of
neighbouring properties, and
Town of Onoway Land Use Bylaw 712-13
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(ii)
the proposed development conforms to the uses prescribed for that land
or building in this Bylaw.
(b) Notwithstanding the above, a variance shall be considered only in cases of
unnecessary hardship or practical difficulties to the use, character, or situation
of land or building which are not generally common to other land in the same
district.
(c) When considering a variance to quantitative criteria such as floor area or a site
setback, the Development Officer may approve in accordance with this Bylaw
a variance up to a maximum of 20% of the stated regulation. Any variance
requests in excess of 20% shall be referred to the Municipal Planning
Commission.
3. Development Permit Refusals:
(a) When refusing an application for a development permit, the Development
Authority shall clearly describe the reasons for the said refusal on the notice of
decision.
4. Temporary Permits:
Where a development permit is not required on a permanent basis, the
Development Authority may approve the development permit for a specified period
of time. The expiry date of all temporary development permits shall be clearly
indicated on the notice of decision.
3.7
DEEMED REFUSALS ON DEVELOPMENT PERMIT APPLICATIONS
In accordance with Section 684 of the Municipal Government Act, an application for a
development permit shall at the option of the applicant, be deemed to be refused
when the decision of the Development Authority, is not made within forty (40) days
of the completed application being received by the Development Authority unless the
applicant and the Development Authority have mutually entered into an agreement to
extend the forty (40) day period.
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3.8
SUSPENSION OR CANCELLATION OF DEVELOPMENT PERMITS
1. If, after a development permit has been issued, the Development Authority
becomes aware that:
(a) The application for the development contains a misrepresentation;
(b) facts concerning the application or the development were not disclosed at the
time the application was considered;
(c) the development permit was issued in error; or
(d) the conditions of Development Permit Approval are not being complied with to
the satisfaction of the Development Authority,
the Development Authority may suspend or cancel the notice of decision or the
development permit by notice, in writing to the holder of it.
2. A person whose development permit is suspended or cancelled under this section
may appeal to the Subdivision and Development Appeal Board.
3.9
CONTRAVENTION
1. Where the Development Authority finds that a development or use of land or
buildings is not in accordance with:
(a) the Municipal Government Act or the regulations; or
(b) a development permit or subdivision approval; or
(c) the Land Use Bylaw;
the Development Authority may, by notice in writing, order the registered owner,
the person in possession of the land or buildings, or the person responsible for the
contravention or all of them to,
(a) stop the development or use of the land or buildings in whole or in part as
directed by the notice; or
(b) demolish, remove or replace the development; or
Town of Onoway Land Use Bylaw 712-13
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(c) take such other measures as are specified in the notice so that the development
or use of the land or buildings is in accordance with the Municipal Government
Act, the regulations, a development permit, subdivision approval or this Bylaw,
as the case may be.
2. Where a person fails or refuses to comply with an order directed to him under
Subsection (1) or an order of the Subdivision and Development Appeal Board
under Section 645 of the Municipal Government Act within the time specified, the
Council or a person appointed by it may, in accordance with the Municipal
Government Act, enter upon the land or building and take such action as is
necessary to carry out the order. Where the Council or a person appointed by it
carries out an order, the Council shall cause the costs and expenses incurred in
carrying out the order to be registered as a caveat under the Land Titles Act
against the Certificate of Title for the land that is subject of the order pursuant to
Section 646 of the Municipal Government Act.
3. Where a notice is issued under Subsection (1), the notice shall state the following
and any other information considered necessary by the Development Authority:
(a) An explanation of the contravention, and a statement indicating under which
provisions of this Bylaw or the Act the order is being carried out; and
(b) The alternatives and processes which the person responsible for the
contravention may pursue in order to correct the contravention; and
(c) A time frame in which the contravention must be corrected prior to the Town
pursuing action; and
(d) Advise the person of his right to appeal the notice to the Subdivision and
Development Appeal Board.
3.10
BYLAW ENFORCEMENT, PENALTIES AND FINES
This Bylaw may be enforced, and the contravention of any provisions contained herein
restrained, by the Court of Queen's Bench of Alberta upon action brought by Council,
whether or not any penalty has been imposed for the contravention.
1. A person who:
(a) contravenes any provision of the Act or the regulations under the Act,
Town of Onoway Land Use Bylaw 712-13
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(b) contravenes this Bylaw,
(c) contravenes an order under Section 3.9 of this Bylaw and/or Section 645 of the
Municipal Government Act,
(d) contravenes a development permit or subdivision approval or condition
attached thereto, and/or,
(e) obstructs or hinders any person in the exercise or performance of his powers
or duties under this Act, the regulations under the Act or this Bylaw,
is guilty of an offense and is liable to a fine prescribed in Section 566 of the
Municipal Government Act.
2. If a person is found guilty of an offense under this Section or Section 557 of the
Municipal Government Act, the court may, in addition to any other penalty
imposed, order the person to comply with:
(a) the Act and the regulations under the Act,
(b) this Bylaw,
(c) an order under this Section and/or Section 645 of the Act, and/or
(d) a development permit or subdivision approval or a condition attached to a
development permit or subdivision approval.
3. Any written notice, order, or decision that is required under any provision of this
Bylaw to be provided to any person shall be deemed to have been so provided if
it is:
(a) delivered personally to the person or their agent it is directed to; or
(b) mailed by certified mail to the last known address of the person it is directed
to.
4. If a person is found guilty of an offense under Subsections (1) or (2), the Court
may, in addition to any other penalty imposed, order the person to comply with
the Act, The Town of Onoway Land Use Bylaw, or a development permit, as the
case may be.
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5. Where a person is guilty of an offence under Subsection (1) or (2), the person is
liable upon conviction to a fine of not less than $2,500.00 and of not less than
$500.00 for every day that the offence continues.
3.11
DEVELOPERS' RESPONSIBILITY
1. A person to whom a development permit has been issued shall obtain from the
appropriate authority, where applicable, permits and/or approvals required in
connection with the proposed development.
2. The person to whom a development permit has been issued may be required to
notify the Development Officer:
(a) following the preliminary layout of the site, but prior to the commencement of
actual development therein; and
(b) upon completion of the development for which approval has been given and
which has been authorized by the issuance of the development permit.
3. The Development Officer may require that further to Section 3.11.2(a), the
applicant arrange with the Development Officer for an on-site inspection before
commencing construction.
4. The applicant shall be financially responsible during construction for any damage
by the applicant, his/her servants, suppliers, agents or contractors to any public
or private property.
5. The applicant shall prevent excess soil or debris from being spilled on public
streets, lanes and sidewalks, and shall not place soil or any other material on
adjacent properties without permission in writing from adjacent property owners.
6. The applicant shall provide fencing, or other manner of enclosure, around open
excavation to prevent access by the public.
7. The applicant shall not place refuse bins upon municipal roadways or other
municipal lands.
8. Sections 3.11.4 and 3.11.5 may be enforced pursuant to Section 3.10. Any costs
incurred as a result of damage or neglect to public property may be collected
pursuant to Section 3.10.
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9. The Development Officer may require a Real Property Report relating to the
building for which a permit is applied.
10. A development permit is not transferable without the prior consent of:
(a) the Development Officer, if the permit was issued by the Development Officer;
(b) the Municipal Planning Commission, if the permit was issued by the Municipal
Planning Commission;
(c) Council, if the permit was issued by Council with respect to development in a
Direct Control District; or
(d) the Subdivision and Development Appeal Board, if the permit was issued by
the Subdivision and Development Appeal Board.
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PART 4 - GENERAL DEVELOPMENT REGULATIONS
4.1
PRINCIPAL BUILDING OR USE
The number of dwelling units allowed on any single parcel shall be one (1) except
for the following:
(a)
where provision is made in this bylaw for a secondary suite the number of
dwelling units shall be two (2); and
(b)
in medium density residential districts and manufactured home courts, the
number of dwelling units shall be governed by that district's density provisions.
4.2
DWELLING UNITS ON A PARCEL
1. Subject to Section 4.1, no more than one dwelling shall be placed upon a single
parcel in a residential district within the corporate boundaries of The Town of
Onoway;
2. For the purposes of this Section, each lease area in a manufactured home
court/park shall be regarded as a single parcel.
4.3
BOARDERS AND LODGERS
In any residential land use district or any land use district which provides for
residential uses, there shall not be more than two (2) boarders or lodgers in any
residential development other than in a boarding or lodging home.
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4.4
HOUSE NUMBERS
Every residence shall have its house number clearly displayed near the front door
entrance. The numbers shall be easily visible from the street.
4.5
BUILDING ATTACHED TO A PRINCIPAL BUILDING
Where a building is attached to the principal building by open or enclosed roof
structure, it is to be considered a part of the principal building and not an accessory
building
4.6
DESIGN, CHARACTER AND APPEARANCE OF BUILDINGS AND
STRUCTURES
(1)
The purpose of this Section is to provide the Town of Onoway with controls and
guidance so that aesthetically attractive and compatible development is provided
throughout the Town of Onoway.
(2)
The design, siting, external finish and architectural appearance of all land,
buildings, including any accessory building or structure, and signs, shall be to the
satisfaction of the Development Officer for a permitted use and the Municipal
Planning Commission for a discretionary use, in order that there shall be general
conformity in such matters with respect to adjacent buildings and that there may
be adequate protection afforded to the amenities of adjacent parcel.
(3)
Pursuant to Sections 4.6(1) and (2), the Development Officer or Municipal Planning
Commission shall consider all of the following when reviewing development
proposals in all districts:
(a)
The design, character and appearance of all buildings must be compatible
with any other buildings existing in the vicinity unless the building is setting
a new standard of design and character for the land use district or a
particular location within it.
(b)
The design of the building must be consistent with the purpose and intent
of the land use district in which it is located.
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(c)
The siting of buildings must conform to the prescribed setback
requirements.
(d)
The height, massing, size and shape of the buildings should be consistent
relative to existing adjacent buildings.
(e)
The external finish of the principal and accessory buildings should be
reviewed for consistency with respect to colour, finish and texture.
(f)
The impact of a proposed building on the existing streetscape should be
considered in order to maintain conformity of sight lines, and to reduce any
extreme and distracting variations.
(g)
The use of landscaping should be encouraged to enhance the appearance
of a development.
(h)
The existing trees and natural features should be preserved in new
subdivisions and developments.
(i)
The building or structure shall comply with any provisions of a statutory
plan, which sets out specific guidelines as to the design, character,
appearance or building materials to be used within a district or area, or any
architectural control guidelines adopted by Council.
(4)
Further to Section 4.6(3), the Development Officer or Municipal Planning
Commission shall consider, but not be limited to, the following criteria when
evaluating the design, character and appearance of development proposals.
(a)
Guidelines for Commercial and Industrial Development:
i)
The harsh contrasts of very large buildings, mixed with small
buildings can be softened by using similar sizes and shapes of
massing elements like roof lines, exterior design and treatment.
ii)
Blank, unfinished walls give a very bland appearance to the
streetscape. Particular attention should be given to reduce large
vacant spaces between buildings which are left open to public view.
iii)
Rooftop mechanical equipment should be hidden from view from
public streets and from adjacent buildings.
iv)
Utility installations and buildings should be located in such a manner
so as to be compatible with adjacent buildings and development.
This may be achieved by placing utility installations within buildings
wherever possible, or developing utility buildings which blend into
the surrounding area.
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v)
Natural features are an important part of the urban environment and
should be given a high priority in developing a parcel. This may be
achieved by, for example, preserving existing trees wherever
possible.
vi)
Corner parcels at the intersection of major streets should be given
special consideration. Sight lines for drivers and more pedestrian
space are features which should be incorporated into the design of
buildings on corner parcels.
vii)
Buildings should provide weather protective overhangs at outdoor
pedestrian areas and at building entrances. The overhangs can be
achieved through the use of cantilevers, awnings and canopies.
viii)
Long buildings along the street front should include a public route
through the building which can be used by pedestrians to access
parking areas or simply to avoid having to walk around the building.
ix)
Pedestrian areas in parking lots should be designed for safety and at
a pedestrian scale. The combination of landscaping and pedestrian
walkway connections from the parking area to the shopping area can
act as a windbreak, slow the traffic in the parking area and soften
the harsh visual impact of large asphalt areas.
x)
The illumination of commercial and industrial parcels should not
shine into residential windows.
xi)
On-parcel parking, loading and shipping areas are less attractive
elements of a streetscape and should be hidden from public
roadways by buildings, screening and landscaping.
xii)
Outdoor storage and garbage collection areas are generally unsightly
and undesirable elements from public roadways and should be
screened or hidden behind buildings. Existing storage and garbage
collection areas should be screened from roadways by using berms,
walls and landscaping.
xiii)
Signage on the building facade should be integrated with signage in
the immediate vicinity and the district as a whole to avoid the
creation of visual cluttering, clashing or detraction from the
appearance of the area or street.
(b)
Guidelines for Residential Development:
i)
Visual privacy of internal living space and areas should be maintained
in new and existing developments. The use of berms, landscaping
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and the orientation of the dwellings and the living space windows
can improve the visual privacy between developments.
ii)
Identical or similar housing styles, models, designs and colours
should be discouraged. The same housing colour, design or
treatment should not be used for any more than three adjacent
dwellings.
iii)
The intensity of colours should be restricted while encouraging the
use of earth tone and pastel colours with natural finishes like wood
and brick.
iv)
Corner parcel houses should be generally lower lying houses as
height and mass is emphasized beside a void such as a road.
v)
Any accessory building built on a parcel, such as a detached garage
or garden shed, should be similar to the principal building in terms
of proportional mass, roof line and exterior treatment.
vi)
Developments should be encouraged to possess good proportion in
the front elevations through the use of such elements as dormers,
bay windows, shutters, brickwork, roof lines and variations of
window sizes.
4.7
ARCHITECTURAL DESIGN GUIDELINES
(1)
Further to Section 4.6, Council may adopt more detailed architectural control
guidelines where Council wishes to achieve a higher standard of design and
appearance within a specific development, subdivision or neighbourhood.
(2)
Where Council adopts architectural control guidelines for a specific subdivision or
neighbourhood, the following elements shall be contained in the document in order
to ensure the aesthetic and functional quality of development:
(a)
the compatibility of parcel grading and drainage requirements within the
parcel;
(b)
the placement of the structure/building on the parcel to ensure proper
utilization
of
the
land
and
compatibility
with
surrounding
structures/buildings;
(c)
the styling and type of structure/building to ensure compatibility with
surrounding structures/buildings; and
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(d)
the compatibility of exterior finish and coordination of colour relationships.
(3)
Where Council adopts architectural control guidelines, the Development Officer or
Municipal Planning Commission shall ensure the controls are adhered to using, but
not limited to, the regulations and mechanisms contained in Parts 3 and 4 as well
as Section 4.6 of this Bylaw.
(4)
The Town of Onoway may require that the developer register a restrictive covenant
against the parcel or subdivision in order to ensure ongoing conformance with the
architectural control guidelines.
4.8
RELOCATION OF BUILDINGS
1. No person shall:
(a) Place on a parcel a building which has previously been erected or placed on a
different parcel, or
(b) Alter the location on a parcel of a building which has already been constructed
on that parcel, unless the Development Authority approves the placement or
alteration
(c) Notwithstanding any other provision of this Bylaw, no mobile homes may be
moved into the corporate boundaries of The Town of Onoway after the
adoption date of this Bylaw.
2. An application to "relocate" a building may require:
(a) a colour photograph of the building,
(b) a statement of the present location of the building,
(c) a notification of the relocation route, date, and time that the relocation is to
take place, and
(d) a complete site plan showing all buildings located or to be located on the lot.
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3. The Development Authority may require, when a development permit is issued for
a relocated building, a performance bond or a letter of credit related to the
proposed development.
4. The Development Authority may require; when a development permit application
is received to relocate a building, a notice in writing be forwarded to all adjacent
landowners in the receiving neighbourhood.
5. Any renovations and any conditions imposed by the Development Authority to a
relocated building shall be completed within one year of the issuance of the
development permit. Non-compliance shall result in the forfeiture of the
performance bond or letter of credit.
6. When reviewing development permit applications for moved-in buildings, the
Development Authority shall consider the impact of the proposed moved-in
building on the aesthetics and value of the adjoining properties.
7. In the case of a building to be relocated, it shall, in the opinion of the Development
Authority, be compatible, with respect to age and appearance, with the buildings
in the receiving neighbourhood once all required renovations and improvements
have been completed.
8. An approval shall not be granted under Subsection (1) unless the Development
Authority is satisfied that:
(a) The placement or location of the building would meet the requirements of this
Bylaw; and
(b) The building and the parcel meet the requirements of this Bylaw and the land
use district in which the building is proposed to be located as well as all
applicable building standards of the Alberta Government.
4.9
EXCAVATION, STRIPPING AND GRADING
1. In all land use districts, no person shall commence or continue the removal of
topsoil, without first obtaining an approved development permit.
2. Pursuant to subsection (1) and in addition to the requirements of Section 3.4 of
this Bylaw, development permit applications for landscaping shall be accompanied
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by a general parcel grading plan, drainage plan and indicate any existing or
proposed retaining wall construction.
3. The grading plan shall be provided upon occupancy of the development; a
minimum topsoil coverage of 7.6 cm (3.0 inches) and the affected area shall be
landscaped to the satisfaction of the Development Authority.
4. In any commercial or industrial land use district, all areas of a parcel not covered
by buildings, parking or vehicular maneuvering areas shall be landscaped to the
satisfaction of the Development Authority.
5. In any commercial land use district, off-street parking lots shall be landscaped by
the planting of trees and/or shrubs in the amount of at least one tree and/or shrub
for every 185.8 m2 (2,000 ft2 ) of parking lot area. The trees and/or shrubbery
shall be of a type and size approved by the Development Authority.
Trees/shrubbery required shall be located within the parking area in locations
where visibility for the safe movement of persons and traffic is not impaired.
6. As a condition of the development permit, all required landscaping and planting
must be carried out to the satisfaction of the Development Authority and within
one (1) year (weather permitting) of occupancy or commencement of operation
of the proposed development.
7. As a condition of a development permit, the Development Authority may require
that the developer provide a financial guarantee, in a form acceptable to The Town
of Onoway, up to the value of the estimated cost of the proposed
landscaping/planting to ensure that such landscaping/planting is carried out with
reasonable diligence.
4.10
LANDSCAPING
(1) In all land use districts, no person shall commence or continue the removal
of topsoil, and in the M Industrial District and UR Urban Reserve District, no person
shall commence any landscaping of any kind, without first obtaining an approved
development permit.
(2) Pursuant to Section 4.10(1) and in addition to the requirements of Section
3.4 of this Bylaw, development permit applications shall be accompanied by a
Town of Onoway Land Use Bylaw 712-13
Page 54
general parcel grading plan, drainage plan and indicate any existing or proposed
retaining wall construction.
(3) There shall be provided upon occupancy of the development, a minimum
topsoil coverage of 7.5 cm and the affected area shall be landscaped to the
satisfaction of the Development Officer or Municipal Planning Commission.
(4) In any commercial or industrial land use district, all areas of a parcel not
covered by buildings, parking or vehicular maneuvering areas shall be landscaped
to the satisfaction of the Development Officer or Municipal Planning Commission.
(5) In any commercial land use district, off-street parking lots shall be landscaped
by the planting of trees and/or shrubs in the amount of at least one tree and/or
shrub for every 185.0 m2 of parking lot area. The trees and/or shrubbery shall be
of a type and size approved by the Development Officer or Municipal Planning
Commission. Trees/shrubbery required shall be located within the parking area in
locations where visibility for the safe movement of persons and traffic is not
impaired.
(6) As a condition of the development permit, all required landscaping and
planting must be carried out to the satisfaction of the Development Officer or
Municipal Planning Commission and within one (1) year (weather permitting) of
occupancy or commencement of operation of the proposed development.
(7) As a condition of a development permit, the Development Officer or Municipal
Planning Commission may require that the developer provide a financial
guarantees, in a form acceptable to the Town of Onoway, up to the value of the
estimated cost of the proposed landscaping/planting to ensure that such
landscaping/planting is carried out with reasonable diligence.
4.11
DEVELOPMENT ON OR NEAR SLOPES
1. For the purposes of this Section, "top of the bank" is as determined by the
Development Officer or Municipal Planning Commission in consultation with Alberta
Environment.
2. Notwithstanding the yard requirements prescribed in the land use districts, no
permanent buildings shall be permitted within 6.0 m. of the top of the bank of any
water body and no development shall be permitted within 6.0 m of the top or
bottom of an escarpment bank or slope where the grade exceeds 15% (fifteen
percent).
Town of Onoway Land Use Bylaw 712-13
Page 55
3. The Development Officer or Municipal Planning Commission may require a greater
setback than is prescribed in Section 4.11(2).
4. Notwithstanding that a proposed development conforms in all respects with this
Bylaw, including Sections 4.11(2) and (3), where the application is for development
on lands that are or may be subject to subsidence, the Development Officer or
Municipal Planning Commission shall not issue a development permit unless the
applicant can demonstrate, by means of an engineering report bearing the seal
and signature of a professional engineer registered in the Province of Alberta, that
preventive engineering and construction measures can be instituted to make the
parcel suitable for the proposed development.
5. Further to Section 4.11(4), the Development Officer or Municipal Planning
Commission may, at their discretion, require that the development site and
buildings be designed by a professional engineer registered in the Province of
Alberta.
6. Subject to Sections 4.11(4) and (5), the Development Officer or Municipal Planning
Commission may, at their discretion, reduce the setback requirements established
pursuant to Sections 4.11(2) and (3) if the applicant provides satisfactory proof of
bank stability.
4.12
LIMITED ACCESS TO MAJOR ROADS
No access for vehicles will be permitted from a major collector or arterial road, as
designated in the Municipal Development Plan, Transportation Study or any area
structure plans, to:
(a)
any residential parcel, unless the access serves more than four dwelling
units;
(b)
any parcel, unless turning space is provided on the parcel such that vehicles
entering upon the parcel may turn before reentering the street; and
(c)
any parcel where, in the opinion of the Development Officer or Municipal
Planning Commission, there would be an excessive number of access points
onto the street.
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Page 56
4.13
ON PARCEL AND OFF PARCEL SERVICES AND IMPROVEMENTS
(1)
For the purposes of consistency with the Municipal Government Act, the word
"parcel" in this Section of the Bylaw has the same meaning as the word "site" in
the Municipal Government Act as it pertains to "off-site levy".
(2)
Where on-parcel services or improvements, including but not limited to
water/sewer lines, power and other utility services, or any off-parcel local
improvements, relating to but not limited to infrastructure such as roads, lanes,
trunk water and sewer lines, are required to service a proposed development, a
person shall not begin the excavation for the foundation nor commence the
development until the Development Officer or Municipal Planning Commission is
satisfied that such services will be provided or the improvements will be
undertaken using, as required, the means of securing performance available in this
Bylaw.
(3)
If a development is to be served by private sewer and water systems, approval
from the appropriate municipal and provincial authorities having jurisdiction with
respect to the private sewer and water systems shall be a condition of the
development permit issued for said development.
4.14
EMERGENCY ACCESS TO BUILDINGS
The Development Officer, Municipal Planning Commission or Council, as the case
may be, shall ensure that parcels are designed such that safe, unrestricted access
for fire fighting vehicles and equipment is afforded to all buildings and parcels in
accordance with municipal and provincial fire authorities having jurisdiction.
4.15
CURB CUTS
In determining curb cuts, the Development Officer or Municipal Planning
Commission shall ensure that the amount of curb space lost for use as on-street
parking is kept to an absolute minimum and that curb cuts are located such that
they provide for the safe and efficient movement of vehicles and pedestrians.
Town of Onoway Land Use Bylaw 712-13
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4.16
PROJECTIONS OVER YARDS
(1)
Except as provided in Section 4.16(2), no person shall permit any portion of the
principal building on a parcel to project over or onto a front yard, side yard or rear
yard.
(2)
On a parcel in a residential land use district, the parts of and the attachments to
a principal building which may project over or onto the front, side and rear yards,
as the case may be, are as follows:
(a)
a chimney, balcony, sill, cornice, deck, canopy, eave or any other
architectural feature which, in the opinion of the Development Officer or
Municipal Planning Commission, is similar, that project(s) over a side yard,
if the projection does not exceed 0.6 m and does not, under any
circumstances, encroach into the 3.0 m side yard intended to accommodate
a driveway for vehicular passage and/or general access to the rear of the
parcel;
(b)
an unenclosed verandah, porch, deck, eave or canopy or open balcony
individually supported by cantilever, projecting no more than 1.2 m over a
required front yard;
(c)
unenclosed steps, if the steps are:
i)
2.5 m or less above the surface of the yard; and
ii)
not located in a required side yard which provides or is intended to
accommodate a driveway for vehicular passage and/or general
access to the rear of the parcel, and the steps would not reduce the
required side yard by more than 0.6 m;
(d)
eaves of a private garage or other accessory building if the eaves are not
closer to the parcel line than one-half the width of the required side yard or
0.5 m, whichever is less;
(e)
a bay or bow window or cantilevered section of a building which projects
into a front yard or side yard if the projection is not wider than 2.5 m, does
not project more than 0.6 m over the required front yard or side yard and
does not, under any circumstances, encroach into the 3.0 m side yard
intended to accommodate a driveway for vehicular passage and/or general
access to the rear of the parcel; and
(f)
a patio or other similar development may project into the yard requirement
up to the property line, as determined by the Town, provided said
development is at grade level.
Town of Onoway Land Use Bylaw 712-13
Page 58
(3)
On a parcel in a commercial land use district, the parts of and attachments to a
principal building which may project over or onto a front, side or rear yard are:
(a)
a canopy or extension over a front yard or side yard if the projection
complies with the sign regulations contained in Part 4 of this Bylaw.
(b)
a canopy or extension over a rear yard if the projection is at least 4.0 m
above the surface of the yard and does not obstruct the normal use of the
yard.
4.17
GARAGES, ACCESSORY BUILDINGS AND STRUCTURES
(1)
Where an accessory building is attached to the principal building on a parcel by a
roof or an open or enclosed structure, except carports where vehicular access to
the rear yard is not obstructed, said accessory building it is to be considered part
of the principal building and not as an accessory building and shall, therefore,
adhere to the setback requirements for principal buildings as specified in the land
use districts.
(2)
In Residential Land Use Districts:
(a)
Accessory buildings include garages, carports, sheds, storage buildings,
sundecks, patios or balconies, permanently installed private swimming
pools and hot tubs and other accessory structures such as television and
radio antennas, poles, satellite dishes and towers.
(b)
Height:
i)
The height of an accessory building shall be at the discretion of the
Development Officer or Municipal Planning Commission who shall
have regard for the following in determining height:
1.
The topography of the parcel upon which the accessory building
is or is to be situated as well as the topography of immediately
adjacent parcels and the surrounding area shall be considered
to ensure that the sight lines and view angles of the subject
parcel and adjacent parcel are not unduly obstructed by the
height of the accessory building.
2.
The height of an accessory building shall be in proportion with
the principal and accessory buildings on immediately adjacent
parcels as well as in keeping with the neighbourhood itself.
Town of Onoway Land Use Bylaw 712-13
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3.
The height of an accessory building shall be such that the
accessory building, in relation to the principal building, does not
visually dominate the parcel.
ii)
An accessory structure, as referred to in Section 4.17(2)(a), shall not
exceed twice the height of the highest building situated on the
parcel, the height of the structure being measured from the average
grade of the parcel.
(c)
Parcel Coverage:
The total combined floor area of accessory buildings shall be as prescribed
in the land use district regulations.
(d)
Siting of Buildings:
Unless otherwise provided in this Bylaw, detached garages, carports and
other accessory buildings shall be located:
i)
a minimum of 3.0 m. in a laneless subdivision, and a minimum of 2.1
m. in a lane subdivision, from the dwelling provided that both
buildings meet the requirements of the Alberta Building Code and
the Alberta Fire Code, and any amendments made from time to time;
ii)
no closer than the front line of the principal building. This regulation
may be relaxed for garages and carports only where, at the
discretion of the Development Officer, insufficient setbacks exist to
place the building in the rear yard or side yard. In no case however,
shall the building encroach beyond the front yard setback;
iii)
no closer than 1.0 m. to the rear parcel line provided there is no
encroachment of any part of the building onto public utility
easements or onto adjacent property maintenance easements.
Where the vehicle approach faces the lane, the garage or carport
shall be no closer than 6.0 m. from the lane;
iv)
no closer than 1.2 m. to the side parcel line excepting where an
agreement exists between the owners of adjoining parcels to have
built or build their garages using a common parcel line, in which case
a fire wall will be constructed to the requirements of the Alberta
Safety Codes Act and Alberta Fire Code, and regulations pursuant
thereto, and any amendments made from time to time;
v)
no closer than 1.2 m. from the side parcel line and 1.0 m. from the
rear parcel line in the case of an angular or curved approach from a
lane; and
Town of Onoway Land Use Bylaw 712-13
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vi)
accessory buildings, at the discretion of the Development Officer or
Municipal Planning Commission, may be constructed on a zero side
yard setback, provided they are located on the same zero side yard
as the principal building, and provided the provisions under Section
4.20 of this Bylaw are adhered to.
(e)
Sundecks, Patios and Balconies:
i)
which are higher than 0.6 m. above grade at any point shall adhere
to the siting requirements under Section 4.17(1), where attached to
the principal building, and to the siting requirements of Section
4.17(2)(d) where detached; and
ii)
which are higher than 0.6 m. above grade at any point shall be in
accordance with Section 4.17(2)(c) in terms of parcel coverage
requirements; or
iii)
which do not project more than 0.6 m. above grade, as defined in
Section 1.9 if at grade, shall adhere to the siting requirements under
Sections 4.17(2)(d)(ii through vi), whether attached or detached,
except that such structures may be allowed within the required front
yard, but not closer than 1.5 m. from the front parcel line and shall
be subject to Section 4.27 of this Bylaw with respect to fences and
screening.
(f)
Private Swimming Pools and Hot Tubs:
i)
Every private swimming pool or hot tub shall be secured against
entry by the public other than owners, tenants or their guests.
ii)
No privately owned outdoor swimming pool or hot tub shall be
constructed unless fenced; except that a wall of a building may be
considered to provide adequate protection for its length when
substituted for any portion of the fence.
iii)
Every fence enclosing an outdoor swimming pool or hot tub shall be
at least 1.7 m. in height above the level of the grade outside the
enclosure and shall be of approved design such that it will deter
children from climbing over or crawling through or under it to gain
access. Gates in the fence shall provide protection equivalent to the
fence and shall be equipped with a self-latching device located on
the inside of the gate.
iv)
A private swimming pool shall be provided with at least one exit
ladder or stair from the deepest part of the pool where the greatest
dimension of the pool does not exceed 9.0 m. An additional ladder
Town of Onoway Land Use Bylaw 712-13
Page 61
or stair is to be provided at the opposite end of the pool where the
pool exceeds 9.0 m.
v)
Swimming pools and hot tubs shall be sited as per Section
4.17(2)(d).
(g)
Additional Requirements:
i)
Notwithstanding any provision in this Section, no accessory building
or structure shall be permitted that, in the opinion of the
Development Officer or Municipal Planning Commission, will serve to
restrict access to the rear yard where a parcel has vehicular access
from the front yard only and one side yard setback of 3.0 m. has
been provided to accommodate a driveway for vehicular passage and
general access to the rear of the parcel.
ii)
Accessory buildings shall not be used as dwellings.
iii)
Subject to Section 4.17(2)(g)(iv), accessory structures, as referred
to in Section 4.17(2)(a), shall satisfy the siting requirements as
established in Section 4.17(2)(d).
iv)
Flag poles may be located in the front yard to the satisfaction of the
Development Officer or Municipal Planning Commission, as the case
may be.
(3)
In all other land use districts, unless otherwise specified in this Bylaw, the
provisions for accessory buildings and structures will be at the discretion of the
Development Officer or Municipal Planning Commission who shall have regard for
the siting requirements applicable to principal buildings in the land use district in
which the subject parcel is located.
4.18
SECONDARY SUITES
1. A secondary suite shall be operated as an accessory use only and shall not change
the residential character of the principal dwelling involved.
2. A secondary suite may be considered within:
(a)
the principal dwelling unit;
(b)
notwithstanding Section 4.6 of this Bylaw - the second storey of a detached
garage; or
Town of Onoway Land Use Bylaw 712-13
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(c)
an accessory building or structure.
3. A development permit for a secondary suite does not expire upon transfer of
ownership of land upon which the secondary suite is located.
4. A secondary suite shall not contain more than fifty percent (50%) of the total floor
area of the principal dwelling.
5. On-site parking shall conform to the parking regulation of this Bylaw for the
principal dwelling unit, and one (1) additional on-site parking stall shall be required
for each bedroom provided in the secondary suite.
6. Required parking stall(s) shall not be allowed on public roadways.
7. Prior to its use as an approved secondary suite the property owner shall be
required to meet all applicable safety code requirements.
8. The applicant shall provide an original copy of a fire inspection report to the
Development Officer, no older than 1 month, showing no deficiencies or evidence
that all identified deficiencies have been corrected, prior to the issuance of an
approval for a Secondary Suite.
4.19
CORNER AND DOUBLE FRONTING PARCELS
In all land use districts, a parcel abutting onto two streets or more shall have a front
yard setback on each street in accordance with the front yard requirements of this
Bylaw. For the purposes of determining the setback requirements, the long front yard
shall be referred to as the flanking front yard.
In all cases, the location of buildings on corner parcels shall be subject to approval of
the Development Officer or Municipal Planning Commission who may, at their
discretion, relax the front yard setback requirements taking into account the location
of existing adjacent buildings or the permitted setback on adjacent parcels where a
building does not exist and having regard for Section 3.6(2) of this Bylaw.
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4.20
ZERO SIDE YARD DEVELOPMENTS IN RESIDENTIAL DISTRICTS
(1) Where developments are proposed which are permitted to have a zero side
yard, the regulations of this Section and the regulations of the land use district in
which the development is proposed shall apply.
(2) Prior to the approval of any zero side yard development, plans showing grading
and drainage on adjacent parcels must be submitted and must be acceptable to
the Development Officer or Municipal Planning Commission.
(3) Easements Required
(a)
Where a zero side yard is permitted, an easement shall be provided
on the parcel abutting that side yard, the full width of the side yard
required on the adjacent property, for the maintenance of all
principal and accessory buildings, and for any overhang of principal
or accessory buildings onto that adjacent parcel. The Development
Officer or Municipal Planning Commission may require that an
easement plan be registered in addition to the normal plan of
subdivision.
(b)
Where an accessory building is permitted to have a zero side yard
abutting a parcel, the applicant will be responsible for the negotiation
and registration of any easements required pursuant to Section
4.20(3)(a) prior to the issuance of a development permit for the zero
side yard development proposal.
(4) Provisions for Future Zero Side Yard Development
Where a plan is accepted for a zero side yard project or zero side yard
parcel, and where that plan indicates the location or alternative locations
for future accessory buildings (including garages) on the parcel, easements
required under Section 4.20(3) shall be provided for all possible alternative
future locations of accessory buildings at, or prior to, the time of the
development of the principal building.
(5) Side Yard Setbacks
Side yard setbacks shall be as prescribed below:
(a)
Zero for one side, except where a parcel in which the principal or
accessory buildings are permitted to have a zero side yard abuts
another land use district, in which case the minimum side yard
Town of Onoway Land Use Bylaw 712-13
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setback from the boundary abutting the adjacent district shall be 1.5
m.
(b)
3.0 m. except that where a parking space is provided in the required
side yard and adjacent to a zero side yard of another unit, the
minimum side yard setback where the parking space is provided shall
be 3.5 m.
(c)
No part of any structure or building shall be erected within 5.0 m. of
the street boundary on the flanking front yard side of a zero side
yard parcel.
(6) Surveyed Boundaries
(a)
Notwithstanding other Sections of this Bylaw, at the discretion of the
Development Officer or Municipal Planning Commission approval
may be given and a development permit may be issued on a zero
side yard development prior to the registration of a plan of
subdivision for the development, if the development is in
conformance with a parcel plan that proposes future subdivision to
accommodate the zero side yard development provided that:
i)
subdivision approval has been previously given on the
proposed parcel by the subdivision approving authority;
ii)
a preliminary survey plan has been undertaken and applied to
the land to establish the location of buildings proposed;
iii)
after the registration of the linen plan, the development will
be in conformance with all regulations of this Bylaw; and
iv)
the developer will be held responsible under Section 3.10 of
this Bylaw for any development that is undertaken which is not in
conformance with the Bylaw prior to, or after the registration of the
linen plan of subdivision.
(b)
Where Section 4.20(6)(a) is enforced, the plan of subdivision must
be prepared and registered immediately upon the completion of
foundations and, at the discretion of the Development Officer or
Municipal Planning Commission, prior to any further development
taking place on the parcel.
Town of Onoway Land Use Bylaw 712-13
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4.21
CORNER SIGHT TRIANGLES
1. A sight triangle means that triangle formed by a straight line drawn between two
points on the exterior boundaries of the said site 6.1 m. (20 ft.) from the point
where they intersect.
2. On laneways, the sight triangle shall be
formed by a straight line drawn between two
points on the exterior boundaries of the said
site 3.05 m. (10.0 ft.) from the point where
they intersect.
3. On any corner site, no person shall erect,
place or maintain within the sight triangle a
wall, fence, shrub, trees, hedge, or any object
over 0.9 m. (3.0 ft.) in height above the
lowest
street
grade
adjacent
to
the
intersection.
4. On any corner site, no finished grade shall
exceed the general elevation of the street line by more than 0.6 m. (2 ft.) within
the area defined as the sight triangle.
5. When a lot has more than one front yard line (corner lot), the front yard
requirement shall apply to all front yards, but, at the discretion of the Development
Authority, one front yard may be considered a side yard.
4.22
OUTSIDE STORAGE
The following shall apply in the C1 Commercial District (Office, Retail and Service),
C2 Commercial District (Secondary), C3 Commercial District (Highway), and M
Industrial District:
(a)
There shall be no outside storage of goods, products, materials or
equipment permitted within the front yard setback prescribed in the above-
noted land use districts.
(b)
Outside storage of goods, products, materials or equipment shall be kept in
a clean and orderly condition at all times and shall be screened by means
Town of Onoway Land Use Bylaw 712-13
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of a solid wall or fence from public thoroughfares and adjacent residential
uses to the satisfaction of the Development Officer.
(c)
No storage or activity may be undertaken that would in the opinion of the
Development Officer or Municipal Planning Commission:
i)
unduly interfere with the amenities of the district, or
ii)
materially interfere with or affect the use, enjoyment or value of
neighbouring parcel,
by reason of excessive noise, smoke, steam, odour, glare, dust, vibration,
refuse matter or other noxious emissions or containment of hazardous
materials.
(d)
When part of the parcel is to be used for the temporary outdoor display of
goods or products for sale, lease or hire, such display shall be arranged and
maintained in a neat and tidy manner and shall not, in the opinion of the
Development Officer:
i)
unduly interfere with the amenities of the district, or
ii)
materially interfere with or affect the use, enjoyment or value of
neighbouring parcel.
4.23
POLLUTION CONTROL
(1)
In any land use district, no use of land or a development may be undertaken in a
manner that would, in the opinion of the Development Officer or Municipal
Planning Commission:
(a)
unduly interfere with the amenities of the district, or
(b)
materially interfere with or affect the use, enjoyment or value of
neighbouring parcel,
by reason of potential for contamination of the water supply for the Town of
Onoway, excessive noise, smoke, steam, odour, glare, dust, vibration, refuse
matter or other noxious emissions or containment of hazardous materials.
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4.24
BUILDING DEMOLITION
An application to demolish a building shall not be approved without a statement or
plan, which indicates:
(a) how the operation will be carried out so as to create a minimum of dust or
other nuisance, and
(b) the final reclamation of the parcel,
that is satisfactory to the Development Authority.
4.25
AUTOMOBILE PARKING AND LOAD REQUIREMENTS
1. OFF-STREET AUTOMOBILE PARKING
(a) An off-street parking area:
(i) shall not be located within 1.0 m (3.28 ft.) of a lot line common to the lot
and to a street unless the parking area is shared between the adjoining lots;
(ii) shall be constructed so that adequate access to, and exit from each stall is
to be provided at all times by means of maneuvering aisles designed to the
satisfaction of the Development Authority;
(iii) shall have necessary curb cuts located to the satisfaction of the
Development Authority; and
(iv) shall be hard-surfaced to the satisfaction of the Development Authority or
of a gravel mixture approved by the Development Authority.
(b) All parking areas shall conform to the minimum parking standards set out in
The Town of Onoway Land Use Bylaw.
2. REQUIRED NUMBER OF OFF-STREET PARKING STALLS
(a) The minimum number of off-street parking spaces required for each building
class shall be as in the following table. In the case of a use not specifically
mentioned, the required number of off-street parking spaces shall be the same
as for a similar use as determined by the Development Authority. Where a
Town of Onoway Land Use Bylaw 712-13
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development falls within more than one class, the required number of spaces
shall be the sum of the requirements for each of the development classes.
RESIDENTIAL
One and two unit dwellings
2 per dwelling unit
Multiple unit dwellings of one bedroom
or less per dwelling unit
1.5 per dwelling unit
Multiple unit dwellings of two or more
bedrooms per dwelling unit
2 per dwelling unit
Senior citizen self-contained dwelling
units
1 per dwelling unit
COMMERCIAL
Business, public administration and
offices other than doctor and dentist
1 per 40.0 m2 (430.0 ft2) of gross
leasable area
Medical and dental offices or clinics
1 space for each 30.0 m2 (323.0 ft2) of
gross leasable area or 3 spaces for each
full to part-time professional, whichever
is greater
Retail, personal service, equipment and
repair shops with a gross leasable floor
area of 1000.0 m2 (10,764.0 ft2) or less
1 per 30.0 m2 (323.0 ft2) of gross
leasable floor area
Retail and personal service shops and
shopping centre buildings with a gross
leasable area of between 1000.0 m2 and
4000.0 m2 (10,764.0 ft2 and 43,057.0
ft2)
1 per 20.0 m2 (215.0 ft2) of gross
leasable floor area
Retail and personal service shops and
shopping centre buildings with a gross
leasable area of more than 4000.0 m2
(43,057.0 ft2) on one parcel
1 per 17.0 m2 (183.0 ft2) of gross
leasable area
Restaurants, beer parlours and cocktail
bars
1 for each 6.0 m2 (65.0 ft2) of gross floor
area or 1 per five seating spaces and 1
per three employees at maximum shift,
whichever is greater
Town of Onoway Land Use Bylaw 712-13
Page 69
Drive-in businesses and car washing
establishments
8 except where more are required under
other requirements of this section
Restaurants (food exclusively taken off-
parcel)
1 for each 13.0 m2 (140.0 ft2) of gross
floor area plus 1 for each three
employees on maximum shift
Hotels, motor hotels, motels and
apartment hotels
1 per sleeping unit and 1 space per
three employees on maximum shift
PLACES OF PUBLIC ASSEMBLY
Theatres, auditoriums, halls, churches
and other amusement or recreational
facilities
1 per 7.5 seating spaces or 1 per 7.0 m2
(75.0
ft2)
used
by
the
patrons,
whichever is greater
SCHOOLS
Elementary schools and junior high
schools
1 per school hour employee, and plus 5
Senior high schools which do not include
an auditorium, gymnasium or swimming
pool
1 per school hour employee plus 1 for
every twenty students
INDUSTRIAL
Manufacturing and industrial plants,
wholesale, warehousing and storage
buildings and yards, servicing and repair
establishments, research laboratories
and public utility buildings
1 per employee on maximum shift. This
standard
may
be
varied
by
the
Development Officer to no fewer than 1
per three employees on maximum shift
where it can be shown by the applicant
that fewer stalls are required
HOSPITALS AND SIMILAR USES
Hospitals, sanatoriums, group care
facilities, nursing homes, convalescent
homes and senior citizens lodges
1 per 100.0 m2 (1,076.0 ft2) of floor area
or 1 per four beds and 1 for every two
employees
on
maximum
shift,
whichever is greater
(b) At the option of the Development Authority and in lieu of providing off-street
parking, an owner of land proposed for development shall pay the municipality
to assist in providing the equivalent parking area. Council will determine the
Town of Onoway Land Use Bylaw 712-13
Page 70
amount of money required. Money so received by the municipality will be used
only for the development of municipal off-street parking facilities.
(c) Where development on a parcel contains more than one use of a building or
development, the required number of spaces shall be the sum of the
requirements for each of the uses.
3. COMMUNAL AND OFF-PARCEL PARKING
(a) Parking may be supplied on a parcel other than the parcel of the principal use
provided that it is in accordance with the following regulations:
(i) Except in the case of highway commercial land use districts as well as
parcels in parks/recreation or urban services land use districts adjacent to
residential parcels, and subject to the approval of the Municipal Planning
Commission, an owner of land or a group of such owners may pool his or their
required off-street parking stalls within one or more communal parking facilities
and may thereby collectively fulfill the requirements of Section 4.25.2;
(ii) Where a group of uses is served by a communal parking facility, the
requirement for such facility shall be the sum of the off-street parking
requirements for each of the uses served by the parking facility;
(iii) Where a group of uses or businesses pool their parking requirements onto
one parcel, such a communal parcel shall be located no more than 122.0 m.
(400 ft.) from any one of the owners who have pooled their off-street parking
requirements;
(iv) The owners who have pooled their parking requirements shall enter into an
agreement with The Town of Onoway and the owners shall consent to such an
agreement being registered as an encumbrance against the titles of land
involved; and
(v) The owners involved in a communal parking arrangement shall pay the full
costs of preparation and registration of the agreement referred to in Subsection
4.25.3(a)(iv).
(b) At the option of the Municipal Planning Commission, and in lieu of providing
off-street parking, an owner/developer of land proposed for development shall
pay The Town of Onoway to provide the equivalent parking area. The amount
of money required will be determined by a resolution of Council and shall be
based on the amount needed to purchase the land required and construct the
Town of Onoway Land Use Bylaw 712-13
Page 71
parking facility and required number of parking stalls. Money so received by
The Town of Onoway will be used only for the development or improvement of
municipal, off-street parking facilities.
4. OFFSTREET LOADING SPACES
(a) Off-street loading spaces shall be required for all non-residential development
and apartments.
(b) Loading spaces shall be designed and located so that all vehicles using those
spaces can be parked and maneuvered entirely within the bounds of the parcel
before moving onto a public roadway.
(c) An off-street loading space shall be at least 4.0 m (13.12 ft.) in width, 8.0 m
(26.24 ft.) in length, with height of 4.0 m (13.12 ft.).
(d) Hard surfacing shall be required where an off-street parking facility is required
to be hard-surfaced.
(e) Number of off-street loading spaces:
(i) In a retail, industrial, warehouse or similar development of less than 465.0
m2 (5,000.0 ft2) of gross floor area, one space;
(ii) two spaces for between 465.0 m2 (5000.0 ft2) and 2,323.0 m2 (25,000 ft2)
of gross floor area, and one additional space for each additional 2,323 m2
(25,000 ft2) or function thereof;
(iii) office buildings, places of public assembly, institution, club or lodge, school,
or any other use one space up to 2,787.0 m2 (30,000 ft2) of gross floor area
and for each additional 2,787 m2 (30,000 ft2) or fraction thereof, one additional
space; and
(iv) neighbourhood commercial stores, one loading space.
Town of Onoway Land Use Bylaw 712-13
Page 72
4.26
OBJECTS PROHIBITED OR RESTRICTED IN YARDS
1. All matters related to unsightly property, improper storage of vehicles, parking of
commercial vehicles over 5500 kg. (12,125.22 lbs.) shall be addressed through the
Municipal Government Act and bylaws adopted by Council other than this Land
Use Bylaw.
2. The following prohibited or restricted developments shall be subject and addressed
in accordance with this Bylaw:
(a) any excavation, storage or piling up of materials required during the
construction stage unless all necessary safety measures are undertaken, and
the owner of such materials or excavations assumes full responsibility to ensure
the situation does not prevail any longer than reasonably necessary to complete
a particular stage of construction work.
3. Subject to Section 4.26(1) no person shall keep or permit in any part of a yard in
a residential land use district:
(a) any dismantled or wrecked vehicle;
(b) any object or chattel which, in the opinion of the Development Officer,
Municipal Planning Commission, or Council, is unsightly or tends to adversely
affect the amenities of the district.
4. In all land use districts, garbage shall be stored in weather and animal proof
containers screened from adjacent parcels and public thoroughfares to the
satisfaction of the Development Officer, Municipal Planning Commission or Council
and shall be in a location easily accessible for pickup.
5. Sites and buildings in all districts shall be maintained in a clean and tidy condition
free from all rubbish and debris.
6. In any district, no storage or activity may be undertaken which, in the opinion of
the Development Officer, Municipal Planning Commission, or Council, constitutes
a danger or annoyance to persons on site, on public property, or on any other site,
by reasons of excessive noise, vibration, dust and other particulate matter, smoke,
odour, toxic, and noxious matter, traffic, radiation hazards, fire, and explosive
hazards, heat, humidity and glare, refuse matter or waterborne waste, water or
steam.
Town of Onoway Land Use Bylaw 712-13
Page 73
7.
Recreational Vehicles in Residential Districts shall be restricted in the following
manner:
(a)
Between the dates of April 1 and October 31 (inclusive) for any given year,
recreational vehicles shall not be kept on private property within a
residential district unless they are located entirely within the area of:
(i) the driveway, or
(ii) the rear yard, or
(iii) a recreational vehicle parking space shown on the site plan for an
approved development permit for the site, or
(iv) an area designated for recreational vehicle storage on the site plan for
an approved development permit for the site.
(b)
From November 1 to March 31 (inclusive) for any given year, recreational
vehicles shall not be kept on private property within a residential district
unless they are located entirely within the area of:
(i)
the rear yard, or
(ii)
a recreational vehicle parking space shown on the site plan of an
approved development permit for the site where the recreational
vehicle parking space is located, or
(iii)
an area designated for recreational vehicle storage on the site plan
of an approved development permit for the site where the recreational
vehicle storage area is located.
(c)
A recreational vehicle parking space shall only be approved on a
development permit provided the recreational vehicle parking space:
(i)
is an accessory use to a principal residence, and
(ii)
would not impede emergency access to any area on the site, and
(iii)
would not encroach into any required setbacks for the front or side
yard within the Land Use District that the parking space would be
located.
(d)
At no time shall any recreational vehicle be kept so that the recreational
vehicle encroaches on a sidewalk or roadway.
Town of Onoway Land Use Bylaw 712-13
Page 74
4.27
FENCES AND SCREENING
(1)
In any land use district, except as herein provided:
(a)
No fence shall be constructed that is:
i)
higher than 2.0 m for that portion of the fence that does not extend
beyond the foremost portion of the principal building on the parcel;
and
ii)
higher than 1.0 m for that portion of the fence that does extend
beyond the foremost portion of the principal building on the parcel.
(2)
In the case of corner parcels in all land use districts, regardless of whether or not
a corner cut-off has been taken:
(a)
No person shall construct a fence or other screening within the portion of
the parcel facing the fronting street that extends beyond the foremost
portion of any principal or accessory building, as illustrated in the diagram
following Section 4.27(10).
(b)
There shall be no obstruction of the sight triangle by fencing or other
screening, including landscaping. For the purposes of this Bylaw, the sight
triangle, in the case of laneways, is the triangle formed by a straight line
drawn between two points on the exterior boundaries of the subject parcel
3.0 metres from the point where they intersect. In the case of all other
roadways the sight triangle is the triangle formed by a straight line drawn
between two points on the exterior boundaries of the subject parcel 9.14
m. from the point where they intersect.
(3)
Where parcels have both their front and rear yards facing onto a street, special
approval of the Development Officer must be obtained prior to the erection of any
fences on such parcel. Size and specifications for fences in these areas must
conform to the overall standard set for the area by the Town of Onoway.
(4)
Where hedges, trellises, arbors, and similar things are located on or adjacent to a
parcel line, they shall comply with the height requirements for fences.
(5)
Multiple family dwellings adjacent to a Single Detached Dwelling shall provide a
wooden fence, or other such screening approved by the Development Officer or
Town of Onoway Land Use Bylaw 712-13
Page 75
Municipal Planning Commission, of not less than 1.5 m or more than 2.0 m in
height along the side abutting the Single Detached Dwelling.
(6)
In the case of commercial, industrial, public and quasi-public uses abutting a
residential area, a solid or chain link fence shall be provided of not less than 1.5
m or more than 2.0 m. in height along the sides abutting the residential area.
(7)
Notwithstanding Sections 4.27(l) and 4.27(2)(a) and (b), in the M Industrial
District, or UR Urban Reserve District, the maximum height of a fence and the
location of fencing and other screening within the parcel, including landscaping,
shall be determined by the Development Officer or Municipal Planning Commission
who shall consider the requirements of Sections 4.27(l) and 4.27(2)(a) and (b) in
determining fence height and location within the parcel. Where a fence has been
permitted to be higher than 2.0 m. in the above-noted land use districts, no barbed
wire fences shall be permitted below a height of 2.0 m. This requirement may be
relaxed by the Development Officer or Municipal Planning Commission in an area
where residences would not be in close proximity to the fence proposed.
(8)
No electrification of fences will be permitted.
(9)
No barbed wire, "snow fencing" or "wood-slab" fences will be permitted in
residential land use districts.
(10)
The Development Officer or Municipal Planning Commission shall ensure that all
fences are made of material and constructed and maintained in such a manner so
as not to pose a hazard to the public.
Town of Onoway Land Use Bylaw 712-13
Page 76
4.28
HOME OCCUPATIONS
Home occupations (Home Based Businesses) that involve home visits/client related
traffic shall be considered "major" home occupations and must adhere to the following
section of this bylaw. For "minor" home occupations note section 3.2(x) of this Bylaw.
1. Home occupations (Home Based Businesses) shall comply with the following
provisions:
(a) Home occupations shall not be allowed on a site unless a dwelling is located
on the site on which the home occupation is to be located.
(b) All development permits issued for home occupations shall be revocable at any
time by the Development Authority, if, in its opinion, the home occupation is
or has become detrimental to amenities of the neighborhood in which it is
located or if there is any change or intensification of the home occupation as
originally approved.
(c) The Development Authority may, in its sole discretion, place time limits on the
period for which a development permit for a home occupation is valid.
Foremost part
of building
1.0 m. front yard
fence
1.0 m. front
yard fence
2.0 metre rear and
side yard fence
Front lot line
Side Lot Line
Grade Level
Town of Onoway Land Use Bylaw 712-13
Page 77
(d) No home occupation shall substantially change the principal character of
external appearance of the dwelling involved or of any accessory buildings.
(e) Home occupations shall be incidental and subordinate to the principal use of
the dwelling and/or garage and shall not be conducted within any other
structures on the property.
(f) There shall be no outdoor business activity, or outdoor storage of material or
equipment associated with the home occupation allowed on the site.
(g) The home occupation shall not create any nuisance by way of noise, dust,
odour, or smoke, or anything of an offensive or objectionable nature.
(h) There shall be no mechanical or electrical equipment used which creates
external noise, or visible or audible interference with home electronics or
computer equipment in adjacent dwellings.
(i) When a development permit is issued for a home occupation, such permit shall
be terminated should the applicant vacate the property for which the permit
has been issued.
(j) Pedestrian or vehicular traffic or parking, shall not, in the opinion of the
Development Authority, be generated in excess of that which is characteristic
of the district in which the home occupation is located.
(k) Only one (1) commercial vehicle, of a haul capacity not exceeding 5.5 metric
tonnes (5500 kgs.), shall be used in conjunction with the home occupation, or
parked or maintained on the site or on the road in proximity to the site. Truck
trailers or vehicle accessories or equipment shall not be kept on site unless they
are located within an accessory building.
(l) Home occupations shall not involve:
a. activities that use or store hazardous material in quantities exceeding
those found in a normal household; or
b. any use that would in the opinion of the Development Authority,
materially interfere with or affect the used, enjoyment, or value of
neighboring properties.
(m) The number of non-resident employees or business partners working on site
shall not exceed one (1) at any time. No more than two people shall be working
at the home occupation site at any time.
Town of Onoway Land Use Bylaw 712-13
Page 78
(n) Storage related to the business activity and the business activity itself may be
allowed in either the dwelling or garage.
(o) The home occupation shall not be allowed if, in the opinion of the Development
Authority, such use would be more appropriately located in the Commercial or
an Industrial District, having regard for the overall compatibility of the use with
the residential character of the area.
(p) The dwelling or garage in which a home occupation is located may have one
fascia sign placed on the structure, providing that the sign does not exceed 0.4
sq. m (4 sq. ft.) in area. No other signage will be permitted.
(q) In addition to a development permit, home occupations shall be required to
obtain a business license in accordance with the Town of Onoway Business
License Bylaw.
4.29
BED AND BREAKFAST OPERATIONS
In addition to all other provisions and requirements of this Section of the Bylaw, the
following additional requirements shall apply to home based business in the form of bed
and breakfast operations, as defined in Section 4.16 of this Bylaw:
1. Persons wishing to operate a bed and breakfast operation shall be required to
apply for a development permit from The Town of Onoway.
2. A bed and breakfast operation shall be limited to residential land use districts and
shall be contained entirely within the principal building.
3. A bed and breakfast operation shall be limited to one meal provided on a daily
basis to registered guests only with such meal being prepared in one common
kitchen and served in one common room.
4. In addition to the off-street parking requirements for the dwelling unit itself, as
stipulated in Section 4.25(2) of this Bylaw, 1 (one) off-street parking space per
rented guest room shall be required for a bed and breakfast operation.
Town of Onoway Land Use Bylaw 712-13
Page 79
4.30
DAY CARE FACILITIES AND DAY HOMES
(1)
In considering a day care facility or a home day care operation, the Development
Officer or Municipal Planning Commission shall, among other factors, consider if
the development would be suitable for the parcel taking into account the size of
the parcel required given the intended use, appropriate yard setbacks in relation
to adjacent land uses, potential traffic generation, proximity to park, open space
or recreation areas, isolation of the proposed parcel from residential uses,
buffering or other techniques designed to limit any interference with other uses or
the peaceful enjoyment of neighbouring parcel, and consistency with other
development in the surrounding area/land use districts in terms of nature and
intensity of use.
(2)
In the case of a day care facility, the Municipal Planning Commission shall establish
the maximum number of children for whom care may be provided, having regard
for Provincial regulations, the nature of the facility, the density of the district in
which it is located, and potential impacts on the uses in the vicinity of the
development.
4.31
FAMILY CARE AND GROUP CARE FACILITIES
(1)
General Provisions:
(a)
In reviewing an application for a family care or group care facility, the
Municipal Planning Commission shall, among other factors, consider if the
development would be suitable for the parcel taking into account the size
of the parcel required given the intended use, appropriate yard setbacks in
relation to adjacent land uses, potential traffic generation, isolation of the
proposed parcel from residential uses, buffering or other techniques
designed to limit any interference with other uses or the peaceful enjoyment
of neighbouring parcel, and consistency with other development in the
surrounding area/land use districts in terms of nature and intensity of use.
(b)
Notwithstanding any other provisions contained in this Bylaw, family care
or group care facilities shall be located no closer than 300.0 m from one
another.
(2)
Group Care Facilities:
(a)
The Municipal Planning Commission shall establish the maximum number
of persons for which care may be provided having regard for Provincial
Town of Onoway Land Use Bylaw 712-13
Page 80
regulations, the nature of the facility, the density of the land use district in
which it is located, and potential impacts such as traffic and interference
with or effect on other adjacent land uses.
(b)
The group care facility shall not change the character of the land use district
in which it is located.
4.32
MULTIPLE FAMILY DWELLING DEVELOPMENTS
(1)
General Provisions:
(a)
At the discretion of the Development Officer or Municipal Planning
Commission, the applicant for a multiple family dwelling building or
development shall provide with the application for development parcel
plans, design plans and working drawings including elevations which have
been endorsed by a registered architect or professional engineer registered
in the Province of Alberta.
(b)
The parcel plans shall indicate:
i)
the location and position of all buildings and structures on the parcel;
ii)
the location and design of signage on the parcel, including any "for
rent" signs;
iii)
the location and number of parking spaces, access and egress onto
the parcel from public thoroughfares;
iv)
the location of refuse storage areas as well as access to/egress from
refuse storage areas;
v)
the location of exterior lighting including that in the parking lot and
landscaped areas;
vi)
the location and design of fencing on the parcel; and
vii)
detailed landscaping plans for the parcel.
(2)
Separation Space/Setback Requirements:
In the case of buildings adjacent to each other and the relationship of those
buildings to each other and their relationship to the land on which they are
constructed, the following separation spaces/setbacks relating to multiple family
developments shall apply:
(a)
Principal Living Room Windows:
Town of Onoway Land Use Bylaw 712-13
Page 81
There shall be a minimum separation space of 7.6 m between a principal
living room window and a street, parcel line, walkway, on-parcel
parking/circulation area or another principal living room window.
(b)
Habitable Room Windows:
There shall be a minimum separation space of 3.0 m between a habitable
room
window
and
a
street,
parcel
line,
walkway,
on-parcel
parking/circulation area or another habitable room window. This distance
shall be 5.0 m where such windows are in walls of more than two storeys.
(c)
Non-Habitable Room Windows:
There shall be a minimum separation space of 1.5 m plus 0.3 m for each
storey above the first between a non-habitable room window and a street,
parcel line, walkway, on-parcel parking/circulation area or another non-
habitable room window.
(d)
Distance Between Buildings:
The minimum required distance between two dwellings facing each other
shall be the sum of the minimum separation spaces calculated separately
for the opposing windows or openings except where there are two walls
with no windows or openings in which case the minimum distance between
the dwellings shall be 3.0 m.
(3)
Separation space for windows as required in Sections 4.32(2)(a), (b) and (c), shall
be effective for the full length of the exterior wall of the room in which the window
is located.
(4)
Notwithstanding the provisions of this Section, the Development Officer or
Municipal Planning Commission may reduce the required separation space/setback
requirements respecting the setback requirements within the applicable land use
district and where special aspects of design ensure equivalent or better light,
ventilation, privacy or visibility from dwellings.
(5)
General Development Regulations for Mixed Commercial and Residential Uses:
(a)
The following shall apply to commercial developments containing residential
dwelling units:
i)
Both the residential and commercial portions of the development will
have separate and direct access to the outside street level.
Town of Onoway Land Use Bylaw 712-13
Page 82
ii)
The residential dwelling units shall not be located on the ground floor
nor shall commercial uses be located on the same level as the
residential dwelling units.
iii)
The minimum floor area for a dwelling unit shall be 50.0 m2 for a
bachelor unit and an additional 11.0 m2 for each bedroom in the
dwelling unit included thereafter.
iv)
The relationship of the residential dwelling units to each other, to the
commercial portion of the development, to the parcel as a whole and
to the adjacent parcel with respect to adequate light, ventilation and
privacy or visibility of principal living room windows and habitable
room windows shall be fully shown on the parcel plans for the whole
development and shall be to the satisfaction of the Development
Officer or Municipal Planning Commission.
4.33
SURVEILLANCE SUITES
(1)
The issuance of a development permit for a surveillance suite, as defined in this
Bylaw, shall be in accordance with the following criteria and regulations:
(a)
A development permit for a surveillance suite will only be issued if a
surveillance suite, as defined in this Bylaw, is provided for either as a
permitted or discretionary use in the land use district in which the subject
parcel is located.
(b)
A development permit for a surveillance suite will only be issued if the
surveillance suite is clearly compatible with and subordinate to the principal
use of the subject parcel. Moreover, in the opinion of the Development
Officer or Municipal Planning Commission, as the case may be, the
placement of a surveillance suite shall be compatible with all existing,
principal development/land uses on adjacent properties and shall not
interfere with future principal development/land uses of adjacent
properties.
(c)
Where a surveillance suite is allowed in accordance with this Bylaw, the
Development Officer or Municipal Planning Commission, as the case may
be, may issue a development permit for one surveillance suite per
associated development or parcel.
Town of Onoway Land Use Bylaw 712-13
Page 83
(d)
Where a surveillance suite is attached to the principal building on a site by
a roof, an open or enclosed structure, a floor or a foundation, it is to be
considered a part of the principal building.
(e)
Detached surveillance suites shall be sited in accordance with siting
regulations specified in the land use district within which the subject parcel
is located or in accordance with the following requirements, whichever are
more stringent:
i)
a minimum of 2.0 m. from any buildings; and
ii)
a minimum of 2.0 m. from the rear and side property lines; and
iii)
no closer than the front line of the principal building.
(f)
Where a surveillance suite is a mobile home unit, the following shall apply:
i)
the unit shall have C.S.A. certification or equivalent. Proof of this
shall accompany the development permit application; and
ii)
the unit shall be secured and properly skirted to the satisfaction of
the Development Officer or Municipal Planning Commission, as the
case may be.
(g)
The minimum and maximum floor area of any non-basement surveillance
suite, as defined in this Bylaw, shall be 50.0 m2 and 102.0 m2, respectively.
(h)
The quality of exterior treatment and design of any surveillance suite shall
be to the satisfaction of the Development Officer or Municipal Planning
Commission, as the case may be, who shall ensure that the design,
character and appearance of any surveillance suite is compatible with the
development(s)/use(s) with which the suite is associated as well as all
development(s)/use(s) on adjacent properties.
4.34
PLACES OF WORSHIP
(1)
Parcel Width and Area:
The parcel width and area requirements for a place of worship shall be at the
discretion of the Development Officer or Municipal Planning Commission, as the
case may be, who shall consider the uses to which the place of worship/parcel will
Town of Onoway Land Use Bylaw 712-13
Page 84
be put in addition to the worship-related uses proposed, and, as an absolute
minimum, that the parcel upon which the place of worship is to be located should
have a frontage of not less than 30.0 m and an area of not less than 930.0 m2
except where a building for a clergyman's residence is to be erected on the same
parcel. The combined area of the parcel in this latter case should not be less than
1400.0 m2.
(2)
Additional Parcel/Building Requirements:
Parking areas, where adjacent to residential districts must be screened by a wall,
fence, earth berm or hedge constructed or maintained at not less than 1.2 m in
height.
4.35
MOTELS / HOTELS
(1)
Interpretation:
For the purposes of this Section, a rentable unit means a separate unit on a motel
parcel used or intended to be used for the temporary dwelling accommodation of
one or more persons.
(2)
Space Between Buildings:
Except in the case of rentable units and any other buildings where connected by
a continuous roof to form a shelter for motor vehicles, not less than 3.5 m of clear
and unoccupied surface space shall be provided between each rentable unit and
any other building on the parcel.
(3)
Parcel Requirements:
Minimum Parcel
Area/Unit
Minimum
Building
Setbacks
On-Parcel
Parking
Minimum Floor
Area/Unit
One
Storey
140.0 m2
Front 7.6 m
Side 3.0 m
Rear 3.0 m
1 per Rentable
Unit and 1 per
3 Employees
26.5 m2
Town of Onoway Land Use Bylaw 712-13
Page 85
Two
Storey
93.0 m2
Same as
above
Same as
Above
Same as
Above
(4)
Driveways, Entrances and Exits:
(a)
Pursuant to Sections 4.12 and 4.14 of this Bylaw, each rentable unit shall
face onto or abut a driveway not less than 6.0 m in width, with unobstructed
access thereto, and the parcel must be suitable, in the opinion of the
Development Officer or Municipal Planning Commission, in terms of safe
and efficient internal traffic circulation and access to/egress from the parcel.
4.36
DRIVE-THROUGH BUSINESSES
(1)
Parcel Location and Coverage:
Notwithstanding the land use district regulations, drive-through businesses shall
not be located on parcels which, in the opinion of the Development Officer or
Municipal Planning Commission, would be considered unsafe in terms of vehicle
circulation or access and egress from the parcel. To this end, the Development
Officer or Municipal Planning Commission must consider, but not be limited to
considering, the nature of the proposed use and uses on adjacent parcels,
anticipated volumes of traffic and types of vehicles during peak and off-peak
business periods, off-street parking and loading as well as landscaping
requirements.
(2)
Parcel Area:
The minimum parcel area for a drive-through business shall be 1500.0 m2, unless
the Development Officer or Municipal Planning Commission specifies that a greater
or lesser amount is required given their considerations and determinations
pursuant to Section 4.36(1).
(3)
Setback of Buildings:
Unless the land use district in which the drive-through business is located stipulates
greater setbacks, the minimum front yard setback shall be no less than 3.0 m and
the side and rear yard setbacks shall be at the discretion of the Development
Officer or Municipal Planning Commission, as the case may be, who shall make
provision for queuing spaces, on-parcel traffic circulation, turning and
maneuvering.
(4)
Additional Parcel/Building Regulations:
Town of Onoway Land Use Bylaw 712-13
Page 86
(a)
The on-parcel layout of vehicle circulation patterns shall be to the
satisfaction of the Development Officer or Municipal Planning Commission
who shall ensure that all queuing spaces lanes provide sufficient space for
turning and maneuvering.
(b)
Where a drive-through business is located adjacent to a residential land use
district, screening shall be provided to the satisfaction of the Development
Officer or Municipal Planning Commission any lighting proposed to
illuminate the parcel shall be located and arranged so that all direct rays of
light are directed upon the parcel only and not on any residential parcel.
4.37
GAS BARS, SERVICE STATIONS AND BULK OIL STATIONS
(1)
Parcel Location:
Notwithstanding the regulations prescribed in the land use districts, a use pursuant
to this Section shall not be located on parcels which, in the opinion of the
Development Officer or Municipal Planning Commission, would be considered
unsafe in terms of internal vehicle circulation or access to and egress from the
parcel. To this end, the Development Officer or Municipal Planning Commission
must consider, but not be limited to considering, the nature of the proposed use
and uses on adjacent parcels, anticipated volumes of traffic and types of vehicles
during peak and off-peak business periods, off-street parking and loading as well
as landscaping requirements.
(2)
Parcel Area:
(a)
The minimum parcel area for a gas bar shall be 1200.0 m2.
(b)
The minimum parcel area for a service station shall be 1500.0 m2.
(c)
Where a service station or gas bar is combined with a convenience store,
the minimum parcel area for the total parcel shall in no case be less than
1950.0 m2.
(d)
The minimum parcel area for bulk oil stations or a gas bar or a service
station including a car wash shall be 2700.0 m2.
(3)
Parcel Coverage:
Town of Onoway Land Use Bylaw 712-13
Page 87
The maximum building coverage for a use under this Section shall be 25% of the
parcel area.
(4)
Parcel and Building/Structure Requirements:
(a)
Unless the land use district in which the gas bar, service station and/or bulk
oil station is located or the Alberta Building Code stipulates greater
setbacks, the front yard setback shall be a minimum of 12.0 m, with no
pump being located closer than 6.0 m from the front parcel line, and the
side yard and rear yard setbacks shall be no less than 6.0 m.
(b)
In addition to siting requirements of Section 4.37(4)(a) and of the land use
district in which the gas bar, service station and/or bulk oil station is located,
the siting of all buildings and structures, including all fuel and other
flammable liquid storage tanks, shall be in accordance with the
requirements of the Alberta Gas Protection Act and its regulations, the
requirements of the Alberta Boiler Inspection Branch and the regulations
under the Fire Prevention Act.
(c)
No development permits will be issued for the installation of fuel or any
other flammable liquid storage tanks prior to the Town of Onoway receiving
certified copies of the required permits from the Alberta Government.
(d)
Where adjoining residential land use districts, any lighting proposed to
illuminate the parcel shall be located and arranged so that all direct rays of
light are directed upon the parcel only and not on any residential parcel.
4.38
CAR WASHING ESTABLISHMENTS
(1)
Parcel Location:
Notwithstanding the regulations prescribed in the land use districts, a use
pursuant to this Section shall not be located on parcels which, in the opinion of
the Development Officer or Municipal Planning Commission, would be considered
unsafe in terms of internal vehicle circulation or access to and egress from the
parcel. To this end, the Development Officer or Municipal Planning Commission
must consider, but not be limited to considering, the nature of the proposed use
and uses on adjacent parcels, anticipated volumes of traffic and types of vehicles
during peak and off-peak business periods, off-street parking and loading as well
as landscaping requirements.
Town of Onoway Land Use Bylaw 712-13
Page 88
(2)
Parcel Area:
The minimum parcel area shall be 1200.0 m2 and the parcel shall contain storage
space for at least twelve vehicles or a minimum of four vehicles per car wash bay,
whichever is greater, prior to their entry into any part of the cleaning process for
which they are bound. In the case of service stations and gas bars including car
washes, the minimum parcel area shall be 2700.0 m2.
(3)
Parcel and Building Requirements:
All parcel, building and setback requirements pertaining to drive-through
businesses (Sections 4.36 of this Bylaw) shall also apply to car washing
establishments.
4.39
CHEMICAL STORAGE AND HANDLING
(1)
Parcel Location:
Notwithstanding the regulations prescribed in the land use districts, industrial and
commercial uses which involve storing, handling, distributing or disposing of
chemical materials or products shall not be located on parcels which, in the opinion
of the Municipal Planning Commission, would be considered unsafe or may have
potential for contaminating the Town of Onoway water supply, unduly interfere
with, or affect the use, enjoyment or value of neighbouring parcels by reason of
the storage or containment of the product or the potential release of the product.
(2)
Parcel and Building Requirements:
At the discretion of the Municipal Planning Commission, the applicant applying for
a use pursuant to this Section shall provide an approved parcel plan from the
appropriate provincial agencies prior to a development permit being issued by the
Municipal Planning Commission.
Town of Onoway Land Use Bylaw 712-13
Page 89
4.40
RECREATIONAL
VEHICLES
AND
TEMPORARY
LIVING
ACCOMMODATIONS
1. At no time may a recreational vehicle, holiday trailer, motor homes, camper or tent
trailer be situated on a residential parcel unless that parcel is developed with a
single family dwelling.
2. Notwithstanding subsection (1), a maximum of one (1) recreational vehicle,
holiday trailer, motor homes, camper or tent trailer be situated and occupied on
an undeveloped residential parcel during periods of single family dwelling
construction when approved by the development authority.
3. For the purpose of storage of the vehicle, a maximum of one (1) unoccupied
recreational vehicle, holiday trailer, motor homes, camper or tent trailer may be
situated on a residential parcel that is developed with a single family dwelling.
4. On a residential parcel that is developed with a single family dwelling, a maximum
of one (1) recreational vehicle, holiday trailer, motor homes, camper or tent trailer
may be situated and occupied on a residential parcel provided that it:
(b) is occupied for no longer than seventy-two (72) hours total within a thirty (30)
day period, or extended periods as authorized by the Development Authority;
and
(c) is located within a required parking stall or on the site in a manner satisfactory
to the Development Authority.
4.41
GENERAL SIGN REGULATIONS
All temporary signs shall be regulated and controlled through a separate Municipal
Sign Bylaw.
1. No sign of an advertising, directional or information, nature shall be erected on
land or affixed to any exterior surface of any building or structure unless an
application for this purpose has been approved by the Development Officer.
2. Signs shall comply with the setback requirements for principal buildings in the
district in which the sign is located unless otherwise allowed by this Bylaw or the
Development Officer.
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Page 90
3. In considering a development application for a sign the Development Officer shall
have due regard for the amenities of the area and the design of the proposed sign.
4. No sign, other than one providing a public service and deemed appropriate by the
Development Officer shall be permitted to locate on a public right of way or
reserve.
5. No sign shall be illuminated unless the source of light is suitably shielded and does
not interfere with vehicular traffic.
6. There shall be a minimum clearance height of 2.5 metres (6 ft.) above finished
grade to the bottom of any sign projecting over a public right-of-way or sidewalk.
7. No sign shall project more than 1.5 metres (5 ft.) above the top of any main wall
or parapet to which it is affixed, unless in the opinion of the Development Officer
it has been designed as an integral part of the building.
8. No sign shall project more than 1.5 metres (5 ft.) out from the face of any building
to which it is affixed unless, in the opinion of the Development Officer it has been
designed as an integral part of the building.
9. The Development Officer may refuse to allow any sign which is deemed to be
offensive in nature or inappropriate in design.
10. The area around sign structures shall be kept clean and free of overgrown
vegetation and free from refuse material.
11. The Development Officer, Municipal Planning Commission, or Council may require
the removal of any sign which, in their opinion is or has become unsightly or is in
such state of disrepair as to constitute a hazard.
4.42
SIGNS IN COMMERCIAL DEVELOPMENTS
Where commercial buildings are permitted the following regulations shall apply:
1. For each principal building, one identification sign only, not to exceed 3.0 m2
(32.29 ft.2) in area.
2. Signs may be detached if they do not exceed a height of 2.0 m (6.56 ft.) or project
into any required setback area.
Town of Onoway Land Use Bylaw 712-13
Page 91
3. Where a sign is not detached, it shall be placed flat against the building or be
designed as part of an architectural feature thereof, or as a canopy sign.
4. A maximum of one wall sign will be permitted to indicate the name and nature of
the occupancy for each tenant within the development. The sign shall not exceed
a total area of 0.9 m2 (9.68 ft.2) of copy for each lineal metre of building
occupancy.
5. If the occupancy is on a corner, one wall sign will be permitted for each face.
6. If the building includes a canopy, each tenant will be permitted one under-canopy
sign of no more than 0.5 m2 (5.38 ft.2).
4.43
ADULT SERVICE OR ENTERTAINMENT ESTABLISHMENT AND
BODY RUB CENTRE
(1) No adult service or entertainment establishment or body rub centre, or use may be
located within 300 metres (1,000 feet) of:
(a) any dwelling unit;
(b) any Parks and Recreation District or any park use in a Residential District;
(c) any other adult service or entertainment use;
(d) any place of worship; or
(e) any elementary, middle, or senior high school.
(2) Sex objects and adult publications must not be visible from the street.
(3) Signage indicating minimum age of admission must be clearly visible from the
street.
Town of Onoway Land Use Bylaw 712-13
Page 92
PART 5 - LAND USE DISTRICTS AND REGULATIONS
5.1
ESTABLISHMENT OF DISTRICTS AND LAND USES
1. For the purposes of this Bylaw The Town of Onoway is divided into the following
districts:
Short Form
District Designation
R1
Residential - Single Family
R1N
Residential - Single Family Narow Lot
R1S
Residential - Single Family Small Lot
R2
Residential - Medium Density
R3
Residential - High Density
RMHS
Residential - Manufactured Home Subdivision
RMHC
Residential - Manufactured Home Court
C1
Commercial - Office, Retail and Service
C1R
Commercial - Downtown Mixed Use
C2
Commercial - Secondary
C3
Commercial - Highway
M
Industrial
PR
Parks & Recreation
US
Urban Services
DC
Direct Control
UR
Urban Reserve
2. The boundaries of the districts listed in subsection (1) are as delineated on the
Land Use District Map.
3. Where uncertainty exists as to the boundaries of districts as shown on the Land
Use District Map, the following rules shall apply:
Rule 1 Where a boundary is shown as following a street, lane, stream or canal, it
shall be deemed to follow the centre line thereof.
Rule 2 Where a boundary is shown as approximately following a lot line, it shall be
deemed to follow the lot line.
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Rule 3 In circumstances not covered by Rules 1 and 2 the location of the district
boundary shall be determined by:
(a) Where dimensions are set out on the Land Use District Map, by the
dimensions so set; or
(b) Where dimensions are set out on the Land Use District with respect to
such boundary, by measurement of and use of the scale shown on the
Land Use District Map.
4. Where the application of the above rules does not determine the exact location of
the boundary of a district, the Council either on its motion or upon written
application being made to it by any person requesting the determination of the
exact location of the boundary shall fix the portion of the district boundary in doubt
or dispute in a manner consistent with the provisions of this Bylaw and the degree
of detail as to measurements and directions as the circumstances may require.
5. After the Council has fixed a district boundary pursuant to the provisions of
subsection (4), the portion of the boundary so fixed shall not be thereafter altered
except by an amendment of this Bylaw.
6. The Council shall maintain a list of its decisions with respect to boundaries or
portions thereof fixed by it.
Town of Onoway Land Use Bylaw 712-13
Page 94
5.2
R1 - RESIDENTIAL - SINGLE FAMILY
(1)
General Purpose of District
This land use district is generally intended to establish areas of single detached
housing comprised of standard parcels and dwellings.
(2)
Permitted Uses
Discretionary Uses
Accessory building.
Modular Home.
Secondary Suite.
Single detached dwelling.
Home occupation.
Home day care.
Family care facility.
Small park and/or playground which
serves specific residential
development.
Utility building, not containing
offices, which is required to serve
the immediate area.
Those uses which in the opinion of
the Municipal Planning Commission
are similar to the permitted or
discretionary uses, and which
conform to the general purpose and
intent of this land use district.
(3)
Minimum Parcel Dimensions/Area
(a)
Lane Subdivision:
Use
Width
Length
i) One family
dwellings:
One storey
15.0 m
33.5 m
1-1/2, 2
storey and
corner lots
18.0 m
33.5 m
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Page 95
(b)
Laneless Subdivision:
Use
Width
Length
i) One family
dwellings
One storey
16.75 m
33.5 m
1-1/2, 2
storey and
corner lots
18.0 m
33.5 m
(c)
All Other Uses:
For uses not identified in Sections 5.2(3)(a) and (b) above, the minimum
site dimensions/area shall be as prescribed by the Development Officer or
Municipal Planning Commission.
(4)
Minimum Floor Area (not including attached garage)
i)
The minimum floor area shall be 93.0 m2.
(5)
Minimum Setback Requirements
(a)
Front Yard:
i)
Subject to Section 5.2(5)(a)(ii), the minimum front yard setback shall
be 7.6 m.
ii)
At the discretion of the Development Officer or Municipal Planning
Commission, the front yard setback may be varied for corner or
double fronting parcels pursuant to Sections 3.6(4) and (5) and
Section 4.19 of this Bylaw.
iii)
For the purposes of determining the front yard setback for parcels
referred to in Section 5.2(5)(a)(ii), the Development Officer or
Municipal Planning Commission shall consider that the setback for
the flanking front yard should be no less than 4.5 m, or 5.0 m when
an attached garage faces the flanking street.
(b)
Side Yard:
i)
In the case of one storey dwellings, the minimum side yard setback
to the principal building shall be 1.5 m and in the case of dwellings
Town of Onoway Land Use Bylaw 712-13
Page 96
greater than one storey, the minimum side yard setback to the
principal building shall be 2.3 m.
ii)
Notwithstanding Section 5.2(5)(b)(i), where a parcel has vehicular
access from the front only, one side yard setback shall be a minimum
of at least 3.0 m to accommodate a driveway for vehicular passage
and general access to the rear of the parcel, except where a carport
is attached to the principal dwelling and does not restrict access to
the rear yard in which case the setback requirements referred to in
Section 5.5(6)(b) apply.
(c)
Rear Yard:
i)
The minimum rear yard setback to the principal building shall be
7.6 m.
ii)
The Development Officer or Municipal Planning Commission may
vary the rear yard setback to a maximum of 10% in the case of
parcels located on curves or cul-de-sacs.
6)
Parcel Coverage
(a)
The maximum parcel coverage for all buildings shall be 40% of the area of
the parcel with all accessory buildings, as referred to in Section 4.17 of this
Bylaw, combined, not being larger than the principal building.
(b)
Notwithstanding Section 5.2(6)(a), the Development Officer or Municipal
Planning Commission may vary the parcel coverage in the case of corner or
double fronting parcels pursuant to Sections 3.6(4) and (5) and Section
4.19 of this Bylaw.
(7)
Principal Building Height
Shall not exceed 9.0 m above grade.
(8)
Other Provisions
(a)
Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
(b)
General Parcel Provisions: refer to Part 4 of this Bylaw.
(c)
Special Land Use Provisions: refer to Part 4 of this Bylaw.
(d)
Parking and Loading Regulations: refer to Part 4 of this Bylaw.
(e)
Sign Regulations: refer to Part 4 of this Bylaw.
Town of Onoway Land Use Bylaw 712-13
Page 97
5.3
R1N - RESIDENTIAL - SINGLE FAMILY NARROW LOT
(1)
General Purpose of District
The purpose of this district is to provide for Single Detached Dwellings on narrower lots
in a residential environment similar to that of the R1 District, but allowing for a slightly
higher density.
(2)
Permitted Uses
Discretionary Uses
Accessory building.
Modular Home.
Secondary Suite.
Single detached dwelling.
Home occupation.
Home day care.
Family care facility.
Small park and/or playground which
serves specific residential development.
Utility building, not containing offices,
which is required to serve the
immediate area.
Those uses which in the opinion of the
Municipal Planning Commission are
similar to the permitted or discretionary
uses, and which conform to the general
purpose and intent of this land use
district.
(3)
Minimum Parcel Dimensions/Area
(a)
Laneless Subdivision:
Use
Width
Length
i) One family
dwellings
14.0 m
33.0 m
(b)
All Other Uses:
For uses not identified in Sections 5.3(3)(a) above, the minimum site
dimensions/area shall be as prescribed by the Development Officer or
Municipal Planning Commission.
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Page 98
(4)
Minimum Floor Area (not including attached garage)
i)
The minimum floor area shall be 93.0 m2.
(5)
Minimum Setback Requirements
(a)
Front Yard:
i)
Subject to Section 5.3(5)(a)(ii), the minimum front yard setback shall
be 6.1 m.
ii)
At the discretion of the Development Officer or Municipal Planning
Commission, the front yard setback may be varied for corner or
double fronting parcels pursuant to Sections 3.6(4) and (5) and
Section 4.19 of this Bylaw.
iii)
For the purposes of determining the front yard setback for parcels
referred to in Section 5.3(5)(a)(ii), the Development Officer or
Municipal Planning Commission shall consider that the setback for
the flanking front yard should be no less than 4.5 m, or 5.0 m when
an attached garage faces the flanking street.
(b)
Side Yard:
i)
In the case of one storey dwellings, the minimum side yard setback
to the principal building shall be 1.2 m and in the case of dwellings
greater than one storey, the minimum side yard setback to the
principal building shall be 2.3 m. At the discretion of the
Development Officer or Municipal Planning Commission, the side
yard may be varied in the case of dwellings greater than one storey;
where such developments are made to conform to the provisions of
the Alberta Safety Codes Act in effect upon the date of application
for Development Authority approval.
(c)
Rear Yard:
i)
The minimum rear yard setback to the principal building shall be
7.6 m.
ii)
The Development Officer or Municipal Planning Commission may
vary the rear yard setback to a maximum of 10% in the case of
parcels located on curves or cul-de-sacs.
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6)
Parcel Coverage
(a)
The maximum parcel coverage for all buildings shall be 40% of the area of
the parcel with all accessory buildings, as referred to in Section 4.17 of this
Bylaw, combined, not being larger than the principal building.
(b)
Notwithstanding Section 5.3(6)(a), the Development Officer or Municipal
Planning Commission may vary the parcel coverage in the case of corner or
double fronting parcels pursuant to Sections 3.6(4) and (5) and Section
4.19 of this Bylaw.
(7)
Principal Building Height
Shall not exceed 9.0 m above grade.
(8)
Other Provisions
(a)
Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
(b)
General Parcel Provisions: refer to Part 4 of this Bylaw.
(c)
Special Land Use Provisions: refer to Part 4 of this Bylaw.
(d)
Parking and Loading Regulations: refer to Part 4 of this Bylaw.
(e)
Sign Regulations: refer to Part 4 of this Bylaw.
Town of Onoway Land Use Bylaw 712-13
Page 100
5.4
R1S - RESIDENTIAL - SINGLE FAMILY SMALL LOT
(1)
General Purpose of District
This land use district is generally intended to establish areas of single detached
housing comprised of standard parcels and dwellings.
(2)
Permitted Uses
Discretionary Uses
Accessory building.
Modular Home.
Secondary Suite.
Single Detached Dwelling.
Day care facility.
Family care facility.
Group Care Facility.
Home day care.
Home occupation.
Small park and/or playground which
serves specific residential
development.
Utility building, not containing
offices, which is required to serve
the immediate area.
Those uses which in the opinion of
the Municipal Planning Commission
are similar to the permitted or
discretionary uses, and which
conform to the general purpose and
intent of this land use district.
(3)
Minimum Parcel Dimensions/Area
(a)
Lane Subdivision:
Use
Width
Length
i) One family
dwellings:
One storey
9.0 m
30.0 m
Town of Onoway Land Use Bylaw 712-13
Page 101
1-1/2, 2
storey and
corner lots
18.0 m
33.5 m
(b)
Laneless Subdivision:
Use
Width
Length
i) One family
dwellings
One storey
10.4 m
30.0 m
1-1/2, 2
storey and
corner lots
18.0 m
33.5 m
(c)
All Other Uses:
For uses not identified in Sections 5.3(3)(a) and (b) above, the minimum
site dimensions/area shall be as prescribed by the Development Officer or
Municipal Planning Commission.
(4)
Minimum Floor Area (not including attached garage)
i)
The minimum floor area shall be 75.0 m2.
(5)
Minimum Setback Requirements
(a)
Front Yard:
i)
Subject to Section 5.3(5)(a)(ii), the minimum front yard setback shall
be 6.0 m.
ii)
At the discretion of the Development Officer or Municipal Planning
Commission, the front yard setback may be varied for corner or
double fronting parcels pursuant to Sections 3.6(4) and (5) and
Section 4.19 of this Bylaw.
Town of Onoway Land Use Bylaw 712-13
Page 102
iii)
For the purposes of determining the front yard setback for parcels
referred to in Section 5.3(5)(a)(ii), the Development Officer or
Municipal Planning Commission shall consider that the setback for
the flanking front yard should be no less than 4.5 m, or 5.0 m when
an attached garage faces the flanking street.
(b)
Side Yard:
i)
In the case of one storey dwellings, the minimum side yard setback
to the principal building shall be 1.5 m and in the case of dwellings
greater than one storey, the minimum side yard setback to the
principal building shall be 2.3 m.
ii)
Notwithstanding Section 5.3(5)(b)(i), where a parcel has vehicular
access from the front only, one side yard setback shall be a minimum
of at least 3.0 m to accommodate a driveway for vehicular passage
and general access to the rear of the parcel, except where a carport
is attached to the principal dwelling and does not restrict access to
the rear yard in which case the setback requirements referred to in
Section 5.5(6)(b) apply.
(c)
Rear Yard:
i)
The minimum rear yard setback to the principal building shall be
7.5 m.
ii)
The Development Officer or Municipal Planning Commission may
vary the rear yard setback to a maximum of 10% in the case of
parcels located on curves or cul-de-sacs.
6)
Parcel Coverage
(a)
The maximum parcel coverage for all buildings shall be 40% of the area of
the parcel with all accessory buildings, as referred to in Section 4.17 of this
Bylaw, combined, not being larger than the principal building.
(b)
Notwithstanding Section 5.3(6)(a), the Development Officer or Municipal
Planning Commission may vary the parcel coverage in the case of corner or
double fronting parcels pursuant to Sections 3.6(4) and (5) and Section
4.19 of this Bylaw.
(7)
Principal Building Height
Shall not exceed 9.0 m above grade.
(8)
Other Provisions
Town of Onoway Land Use Bylaw 712-13
Page 103
(a)
Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
(b)
General Parcel Provisions: refer to Part 4 of this Bylaw.
(c)
Special Land Use Provisions: refer to Part 4 of this Bylaw.
(d)
Parking and Loading Regulations: refer to Part 4 of this Bylaw.
(e)
Sign Regulations: refer to Part 4 of this Bylaw.
Town of Onoway Land Use Bylaw 712-13
Page 104
5.5
R2 - RESIDENTIAL - MEDIUM DENSITY
(1)
General Purpose of District
This land use district is intended to provide a variety of low to medium density
multiple family housing types ranging from duplex dwellings up to row housing.
The dwelling forms shall be of a low profile/elevation thereby making such
developments compatible with adjacent single family residential neighbourhoods.
All units within this land use district will be designed to have direct access to street
level.
(2)
Permitted Uses
Discretionary Uses
Accessory building.
Duplex.
Fourplex.
Park.
Secondary Suite.
Triplex.
Boarding or lodging home.
Cluster housing.
Day care facility.
Family care facility.
Group care facility.
Home day care.
Home occupation.
Row housing.
Utility building, not containing
offices, which is required to serve
the immediate area.
Those uses which in the opinion of
the Municipal Planning Commission
are similar to the permitted or
discretionary uses, and which
conform to the general purpose and
intent of this land use district.
(3)
Parcel Dimensions
(a)
Subject to the minimum parcel area requirements for duplexes and triplexes
where all dwelling units in these developments are contained within the
same parcel, as stipulated in Sections 5.4(3)(b), (c) and (d) below, the
minimum parcel width shall be 11.0 m and the minimum parcel depth shall
be 36.0 m.
(b)
The minimum parcel area for vertical duplex units shall be 570.0 m2.
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Page 105
(c)
The minimum parcel area for side-by-side duplex units shall be 670.0 m2
located on an interior parcel and 740.0 m2 if located on a corner or double
fronting parcel.
(d)
The minimum parcel area for a triplex shall be 700.0 m2 located on an
interior parcel and 770.0 m2 if located on a corner or double fronting parcel.
(e)
The maximum parcel area shall be 1.2 hectares.
(4)
Minimum Floor Area
The minimum floor area for a dwelling unit shall be:
(a)
In the case of duplex housing, not less than 79.0 m2.
(b)
In the case of triplex and fourplex housing, not less than 75.0 m2 for each
unit.
(c)
In the case of horizontal housing or row housing, not less than 72.0 m2 for
a one bedroom unit, and an additional 11.0 m2 per unit for each additional
bedroom in the unit thereafter.
(d)
In the case of vertical or stacked row housing, not less than 50.0 m2 for a
bachelor unit with an additional 11.0 m2 for each bedroom in the unit
thereafter.
(5)
Minimum Setback Requirements
(a)
Front Yard:
i)
Subject to Section 5.4(5)(a)(ii), the minimum front yard setback shall
be 6.0 m.
ii)
At the discretion of the Development Officer or Municipal Planning
Commission, the front yard setback may be varied for corner or
double fronting parcels pursuant to Sections 3.6(4) and (5) and
Section 4.19 of this Bylaw.
iii)
For the purposes of determining the front yard setback for parcels
referred to in Section 5.4(5)(a)(ii), the Development Officer or
Municipal Planning Commission shall consider that the setback for
the flanking front yard should be no less than 4.5 m, or 5.0 m when
an attached garage faces the flanking street.
(b)
Side Yard:
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i)
The minimum side yard setback shall be 10% of the parcel width up
to a maximum of 2.0 m.
ii)
Notwithstanding Section 5.4(5)(b)i), where a parcel has vehicular
access from the front only, one side yard setback shall be a minimum
of at least 3.0 m to accommodate a driveway for vehicular passage
and general access to the rear of the parcel, except where a carport
is attached to the principal dwelling and does not restrict access to
the rear yard in which case the setback requirements referred to in
Section 5.5(5)(b)(i) apply.
iii)
In the case zero parcel line development, see Section 4.20 of this
Bylaw.
(c)
Rear Yard:
i)
The minimum rear yard setback to the principal building shall be
6.75 m.
ii)
The Development Officer or Municipal Planning Commission may
vary the rear yard setback to a maximum of 10% in the case of
parcels located on curves or cul-de-sacs.
(6)
Parcel Coverage
(a)
The maximum parcel coverage for all buildings shall be 42% of the area of
the parcel with all accessory buildings, as referred to in Section 71 of this
Bylaw, combined, not being larger than the principal building.
(b)
Notwithstanding Section 5.4(6)(a), the Development Officer or Municipal
Planning Commission may vary the parcel coverage in the case of corner or
double fronting parcels pursuant to Sections 3.6(4) and (5) and Section
4.19 of this Bylaw.
(7)
Dwelling Unit Density
Maximum density shall be 30 units to each net hectare (12 units to each net acre)
of the parcel upon which the development is proposed.
(8)
Principal Building Height
Shall not exceed 10.6 m above grade.
(9)
Landscaping and Amenities
(a)
The minimum landscaped area for row/cluster housing shall be 35% of the
parcel.
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(b)
A minimum of 10% of the open space required pursuant to Section
5.4(9)(a) shall be provided for recreational purposes, and recreational
equipment shall be provided on this area to the satisfaction of the
Development Officer or Municipal Planning Commission.
(c)
Each dwelling unit in row/cluster housing shall have one yard which serves
as an outdoor living area for the occupants and this yard shall have a depth
of 7.6 m.
(d)
Within the 7.6 m outdoor living area referred to in Section 5.4(9)(c), there
shall be a privacy zone of 4.5 m which is contained by a fence or other
means of enclosure at least 1.5 m in height.
(10)
Other Provisions
(a)
Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
(b)
General Parcel Provisions: refer to Part 4 of this Bylaw.
(c)
Special Land Use Provisions: refer to Part 4 of this Bylaw.
(d)
Parking and Loading Regulations: refer to Part 4 of this Bylaw.
(e)
Sign Regulations: refer to Part 4 of this Bylaw.
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5.6
R3 - RESIDENTIAL - HIGH DENSITY
(1)
General Purpose of District
This land use district is intended to provide a variety of medium to high density
housing. This land use district will normally be located adjacent to collector and
arterial roadways to reduce the impact of higher density development upon single
family residential land use districts.
(2)
Permitted Uses
Discretionary Uses
Accessory building.
Apartment.
Cluster housing.
Park.
Row housing.
Secondary Suite.
Boarding or lodging home.
Day care facility.
Duplex.
Family care facility.
Fourplex.
Group care facility.
Home day care.
Senior citizen housing.
Triplex.
Utility building, not containing
offices, which is required to serve
the immediate area.
Those uses which in the opinion of
the Municipal Planning Commission
are similar to the permitted or
discretionary uses, and which
conform to the general purpose and
intent of this land use district.
(3)
Parcel Dimensions
(a)
Width:
The minimum parcel width shall be not less than 35.0 m.
(b)
Depth:
The minimum parcel depth shall be not less than 35.0 m.
(c)
Area:
Town of Onoway Land Use Bylaw 712-13
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The minimum parcel area shall be the product of the minimum parcel width
and depth and the maximum parcel area shall be 1.2 hectares.
(4)
Minimum Floor Area
The minimum floor area for a dwelling unit shall be:
(a)
In the case of apartment buildings and vertical or stacked housing, not less
than 50.0 m2 for a bachelor unit and an additional 11.0 m2 for each
bedroom in the unit included thereafter.
(b)
In the case of horizontal housing or row housing, not less than 72.0 m2 for
a one bedroom unit and an additional 11.0 m2 per unit for each additional
bedroom in the unit thereafter.
(5)
Minimum Yard Setbacks
(a)
Front Yard:
i)
The minimum front yard setback shall be at the discretion of the
Development Officer or Municipal Planning Commission who shall
have concern for development or potential development on adjacent
parcels and for the amenities of the area, but in no case shall the
setback be permitted less than:
Storeys
Distance
1
6.0 m
2
7.6 m
3
9.0 m
ii)
The front yard setback standards may be varied by the Development
Officer or Municipal Planning Commission with respect to corner
parcels pursuant to Sections 3.6(4) and (5) and Section 4.19 of this
Bylaw.
(b)
Side Yard:
The minimum side yard setback shall be one-half the height of the building
or 15.0% of the width of the parcel, whichever is the greater.
(c)
Rear Yard:
The minimum rear yard setback shall be 7.6 m.
(6)
Parcel Coverage
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(a)
The maximum parcel coverage of all buildings shall be 40% of the area of
the parcel.
(b)
Notwithstanding Section 5.5(6)(a), the Development Officer or Municipal
Planning Commission may vary the parcel coverage in the case of corner or
double fronting parcels pursuant to Sections 3.6(4) and (5) and Section
4.19 of this Bylaw.
(7)
Dwelling Unit Density
Maximum density shall be 74 (seventy four) units to each net hectare (thirty units
to each net acre) of the parcel upon which the development is proposed.
(8)
Principal Building Height
Shall not exceed 10.6 m above grade.
(9)
Landscaping and Amenities
(a)
The minimum landscaped area shall be 35% of the parcel.
(b)
A minimum of 10% of the open space required pursuant to Section
5.5(9)(a) shall be provided for recreational purposes, and recreational
equipment shall be provided on this area to the satisfaction of the
Development Officer or Municipal Planning Commission.
(c)
Each dwelling unit in row/cluster housing shall have one yard which serves
as an outdoor living area for the occupants and this yard shall have a depth
of 7.6 m.
(d)
Within the 7.6 m outdoor living area referred to in Section 5.5(9)(c), there
shall be a privacy zone of 4.5 m which is contained by a fence at least 1.5
m in height.
(10)
Other Provisions
(a)
Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
(b)
General Parcel Provisions: refer to Part 4 of this Bylaw.
(c)
Special Land Use Provisions: refer to Part 4 of this Bylaw.
(d)
Parking and Loading Regulations: refer to Part 4 of this Bylaw.
(e)
Sign Regulations: refer to Part 4 of this Bylaw.
Town of Onoway Land Use Bylaw 712-13
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5.7
RMHS - RESIDENTIAL - MANUFACTURED HOME SUBDIVISION
(1)
General Purpose of District:
This District is generally intended to provide for single manufactured home
development on individual subdivided parcels.
(2)
Permitted Uses:
Discretionary Uses:
Buildings and uses accessory
to permitted uses.
Manufactured Home.
Secondary Suite.
Buildings and uses accessory to
discretionary uses.
Day care facility.
Home occupations.
Parks and playgrounds.
Show homes or temporary sales
offices.
Other uses which, in the opinion of
the Development Authority, are similar
to the permitted and discretionary
uses.
(3)
Minimum Lot Area:
Minimum Lot Area shall be 370.0 m2 (3,982.8 ft2).
(4)
Parcel and Yard Regulations:
a) Minimum Front Yard:
Shall be 7.0 m (22.9 ft.).
b) Minimum Side Yard:
Shall be 1.5 metre (4.9 ft.) on one side and 3.0 metres (9.8.0 feet)
on another side.
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c) Minimum Rear Yard:
Shall be 6.0 m (19.7 ft.).
d) Minimum Lot Depth:
Shall be 46.2 metres (140 feet).
(5)
Other Provisions
(a)
Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
(b)
General Parcel Provisions: refer to Part 4 of this Bylaw.
(c)
Special Land Use Provisions: refer to Part 4 of this Bylaw.
(d)
Parking and Loading Regulations: refer to Part 4 of this Bylaw.
(e)
Sign Regulations: refer to Part 4 of this Bylaw.
Town of Onoway Land Use Bylaw 712-13
Page 113
5.8
RMHS - RESIDENTIAL - MANUFACTURED HOME COURT
(1)
General Purpose of District:
This district is generally intended to provide for the placement of more than one
manufactured home on a single parcel.
(2)
Permitted Uses:
Discretionary Uses:
Buildings and uses accessory to
permitted uses.
Manufactured home court.
Manufactured homes.
Manufactured home court office.
Secondary Suite.
Buildings and uses accessory to
discretionary uses.
Daycare facilities.
Garage.
Parks & playgrounds.
Other uses which, in the opinion of the
Development Authority are similar to
the permitted and discretionary uses.
(3)
Parcel Coverage:
Dwellings - 28%.
Accessory buildings - 12%.
(4)
Maximum Height:
The height of structures shall not exceed 6.0 m (19.7 ft.) and is subject to the
provisions of this Bylaw.
(5)
Parcel Area:
Minimum court area shall be 2.0 hectares (4.9 acres).
(6)
Unit Area & Depth:
The minimum area assigned for the exclusive or private use of each dwelling unit
shall be 370.0 m2 (3,982.8 ft2). All lots shall have a minimum depth of 46.2 metres
(140 feet).
Town of Onoway Land Use Bylaw 712-13
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(7)
Minimum Front Yard:
Shall be 7.5 m. (24.9 ft.).
(8)
Minimum Side Yard:
Shall be 1.5 metre (4.9 ft.) on one side and 3.0 metres (9.8.0 feet) on another
side.
(9)
Minimum Rear Yard:
Shall be 6.0 m (19.7 ft.).
(10)
Development Requirements:
(a)
All roads in a manufactured home court should be graveled or hard-surfaced
to the satisfaction of the Development Authority and shall have a width of
at least 7.5 m (24.9 ft.) including a hard-surfaced sidewalk of at least 1.0
m (3.3 ft.) in width.
(b)
All on-site municipal utilities shall be provided underground.
(c)
Principal buildings must be separated from each other by at least 6.0 m
(19.7 ft.).
(d)
On-site traffic circulation patterns and lighting are to be to the satisfaction
of the Development Authority.
(11)
Landscaping and Amenity Area:
(a)
All areas of a manufactured home court not occupied by private dwelling
unit area, roads or other development, shall be landscaped to the
satisfaction of the Development Authority.
(b)
In manufactured home developments, a minimum of 40.0 m2 (430.5 ft2) of
common amenity area must be provided for each dwelling unit up to ten
units, with an additional 3.0 m2 (32.3 ft2) for each unit above ten units.
(c)
A screen fence shall be required along the side property line between any
manufactured home development and abutting a single detached dwelling
or district. The height of the screen fence shall be at the discretion of the
Development Authority, but shall not be less than 1.0 m (3.3 ft.), nor exceed
2.0 m (6.5 ft.).
(12)
Other Provisions
Town of Onoway Land Use Bylaw 712-13
Page 115
(a)
Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
(b)
General Parcel Provisions: refer to Part 4 of this Bylaw.
(c)
Special Land Use Provisions: refer to Part 4 of this Bylaw.
(d)
Parking and Loading Regulations: refer to Part 4 of this Bylaw.
(e)
Sign Regulations: refer to Part 4 of this Bylaw.
Town of Onoway Land Use Bylaw 712-13
Page 116
5.9
C1 - COMMERCIAL - OFFICE, RETAIL AND SERVICE
(1)
General Purpose of District
This land use district is generally intended to provide for a wide variety of retail
commercial and office uses at higher densities than would normally be found or
provided for in other commercial areas in Onoway.
(2)
Permitted Uses
Discretionary Uses
Bakery.
Dry cleaning establishment.
Hotel or motel.
Major or minor eating and drinking
establishment.
Medical clinic.
Park.
Parking facility.
Personal service establishment.
Professional, financial, office and
business support service.
Retail establishment.
Theatre or cinema.
Accessory building.
Amusement arcade.
Commercial school not including a
school using heavy and industrial
vehicles.
Day care facility.
Gas bar, service station or car wash
establishment.
Hardware and home improvement
centre.
Indoor recreational establishment.
Private club or lodge.
Public or quasi-public use.
Public utility.
Public utility building.
Repair service establishment.
Residential dwelling unit attached to
a commercial operation.
Second hand store.
Storage and sales of Agricultural
Equipment.
Those uses which in the opinion of
the Municipal Planning Commission
are similar to the permitted or
discretionary uses, and which
conform to the general purpose and
intent of this land use district.
(3)
Minimum Parcel Dimensions
Unless otherwise prescribed in Part 4 of this Bylaw:
Town of Onoway Land Use Bylaw 712-13
Page 117
(a)
Width:
Shall be no less than 8.0 m.
(b)
Depth:
Shall be no less than 30.0 m.
(c)
Area:
Shall be the product of the minimum parcel width and depth.
(4)
Parcel Coverage
(a)
Unless parcel coverage is specifically prescribed or otherwise affected by
provisions in Part 4 of this Bylaw for the uses prescribed in this land use
district, 90% parcel coverage will be allowed, with the remaining 10% to
be used for landscaping.
(b)
Developing to maximum parcel coverage, as prescribed in Section 5.8(4)(a),
will depend on provision being made for off-street parking, loading, storage
and waste disposal to the satisfaction of the Development Officer or
Municipal Planning Commission in accordance with the regulations of this
Bylaw.
(5)
Minimum Floor Area
The minimum floor area for a dwelling unit shall be:
(a)
In the case of apartment buildings and vertical housing, not less than
50.0 m2 for a bachelor unit and an additional 11.0 m2 for each bedroom in
the unit included thereafter.
(b)
In the case of horizontal housing or row housing, not less than 72.0 m2 for
a one bedroom unit and an additional 11.0 m2 per unit for each additional
bedroom in the unit thereafter.
(6)
Minimum Setback Requirements
Unless otherwise prescribed in Part 4 of this Bylaw:
(a)
Front Yard:
No front yard shall be required except as specified under Section 4.19 of
this Bylaw.
(b)
Side Yard and Rear Yard:
Town of Onoway Land Use Bylaw 712-13
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i)
No side yard or rear yard shall be required.
ii)
Notwithstanding Section 5.8(6)(b)i), and in addition to the provisions
of Parts VI and VII of this Bylaw, side yard and rear yard setbacks
immediately adjacent to a residential land use district shall be 3.0 m
or one-half the height of the building, to a maximum of 6.0 m,
whichever is the greater distance.
(7)
Building Height
No building shall exceed 12.0 m above grade.
(8)
Other Provisions
(a)
Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
(b)
General Parcel Provisions: refer to Part 4 of this Bylaw.
(c)
Special Land Use Provisions: refer to Part 4 of this Bylaw.
(d)
Parking and Loading Regulations: refer to Part 4 of this Bylaw.
(e)
Sign Regulations: refer to Part 4 of this Bylaw.
Town of Onoway Land Use Bylaw 712-13
Page 119
5.10
C1R - COMMERCIAL - DOWNTOWN MIXED USE
(1)
General Purpose of District
This land use district is generally intended to provide for a wide variety of retail
commercial and office uses at higher densities than would normally be found or
provided for in other commercial areas in Onoway.
(2)
Permitted Uses
Eating and drinking establishment.
Hotel.
Medical clinic.
Park.
Parking facility.
Personal services establishment.
Professional, financial and office
support service.
Public utility building.
Retail establishment.
Single detached dwelling, if attached
to a commercial operation.
Theatre.
Discretionary Uses
Accessory building.
Amusement arcade.
Apartment building.
Automobile service centre.
Convenience store.
Data reception and/or transmission
aerial, dish, mast, tower.
Daycare facility.
Excavation, strip or grading.
Fencing and vegetation screening.
Flag pole.
Gas bar, service station.
General equipment sales, service,
rental.
Landscaping.
Mixed use (commercial + residential)
Outdoor living structure.
Outside storage and display of items.
Public use.
Quasi-public use.
Recreational establishment, facility.
Repair service establishment.
Swimming pool, hot tub (private).
3)
Minimum Parcel Dimensions
Unless otherwise prescribed in Part 4 of this Bylaw:
(a)
Width:
Shall be no less than 8.0 m.
(b)
Depth:
Town of Onoway Land Use Bylaw 712-13
Page 120
Shall be no less than 30.0 m.
(c)
Area:
Shall be the product of the minimum parcel width and depth.
(4)
Parcel Coverage
(a)
Unless parcel coverage is specifically prescribed or otherwise affected by
provisions in Part 4 of this Bylaw for the uses prescribed in this land use
district, 90% parcel coverage will be allowed, with the remaining 10% to
be used for landscaping.
(b)
Developing to maximum parcel coverage, as prescribed in Section 5.8(4)(a),
will depend on provision being made for off-street parking, loading, storage
and waste disposal to the satisfaction of the Development Officer or
Municipal Planning Commission in accordance with the regulations of this
Bylaw.
(5)
Minimum Floor Area
The minimum floor area for a dwelling unit shall be:
(a)
In the case of apartment buildings and vertical housing, not less than
50.0 m2 for a bachelor unit and an additional 11.0 m2 for each bedroom in
the unit included thereafter.
(b)
In the case of horizontal housing or row housing, not less than 72.0 m2 for
a one bedroom unit and an additional 11.0 m2 per unit for each additional
bedroom in the unit thereafter.
(6)
Minimum Setback Requirements
Unless otherwise prescribed in Part 4 of this Bylaw:
(a)
Front Yard:
No front yard shall be required except as specified under Section 4.19 of
this Bylaw.
(b)
Side Yard and Rear Yard:
i)
No side yard or rear yard shall be required.
ii)
Notwithstanding Section 5.8(6)(b)i), and in addition to the provisions
of Parts VI and VII of this Bylaw, side yard and rear yard setbacks
Town of Onoway Land Use Bylaw 712-13
Page 121
immediately adjacent to a residential land use district shall be 3.0 m
or one-half the height of the building, to a maximum of 6.0 m,
whichever is the greater distance.
(7)
Building Height
No building shall exceed 12.0 m above grade.
(8)
Other Provisions
(a)
Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
(b)
General Parcel Provisions: refer to Part 4 of this Bylaw.
(c)
Special Land Use Provisions: refer to Part 4 of this Bylaw.
(d)
Parking and Loading Regulations: refer to Part 4 of this Bylaw.
(e)
Sign Regulations: refer to Part 4 of this Bylaw.
Town of Onoway Land Use Bylaw 712-13
Page 122
5.11
C2 - COMMERCIAL - SECONDARY
(1)
General Purpose of District
This land use district is generally intended to provide for retail and service
commercial outlets where, in some cases, part of the parcel is required for outside
storage and display of goods and services.
(2)
Permitted Uses
Gas bar or service station.
Hardware or home improvement
centre.
Medical clinic.
Personal service establishment.
Professional financial office and
business support service.
Repair service establishment.
Tradesman.
Wholesale or retail of the following
Plumbing or heating equipment
and supplies.
Furniture or lumber.
General machinery.
Manufactured homes and
trailers.
Discretionary Uses
Accessory building.
Amusement arcade.
Car wash.
Commercial school not including a
school using heavy industrial
vehicles.
Funeral home/chapel.
Indoor recreational establishment.
Daycare facility.
Minor or major eating or drinking
establishment.
Moving/cartage firm.
Private club or lodge.
Public or quasi-public use.
Public utility.
Public utility building.
Surveillance suite.
Vehicle, recreational equipment,
and equipment sales, service and
rentals.
Veterinary clinic.
Warehousing, storage, receiving or
distribution facility.
Those uses which in the opinion of
the Municipal Planning Commission
are similar to the permitted or
discretionary uses, and which
conform to the general purpose
and intent of this district.
(3)
Minimum Parcel Dimensions
Town of Onoway Land Use Bylaw 712-13
Page 123
Unless otherwise prescribed in Part 4 of this Bylaw:
(a)
Width:
No parcel shall be created with a width less than 8.0 m.
(b)
Depth:
Shall be no less than 30.0 m.
(c)
Area:
Shall be the product of the minimum parcel width and depth. The minimum
parcel area may be reduced at the discretion of the Development Officer or
Municipal Planning Commission, as the case may be, who shall take into
account the general purpose and intent of this land use district, the location
and setbacks of adjacent land uses and buildings, the safe and efficient
movement of pedestrians and motor vehicles and the landscaping, parking
and loading requirements of this Bylaw.
(4)
Parcel Coverage
Unless specifically prescribed or otherwise affected by provisions in Part 4 of this
Bylaw, all developments shall not exceed 80% of the parcel area if provision has
been made for off-street parking, loading, storage and waste disposal to the
satisfaction of the Development Officer or Municipal Planning Commission.
(5)
Minimum Setback Requirements
Unless otherwise prescribed in Part 4 of this Bylaw:
(a)
Front Yard:
No front yard shall be required except where the Development Officer or
Municipal Planning Commission may deem it necessary to conform to
existing development.
(b)
Side Yard:
i)
No side yard setback shall be required where the side(s) of the parcel
is (are) bound(ed) by land designated C1 Commercial - Office, Retail,
and Service or C2 Commercial - Secondary.
ii)
Where the development is bounded by a land use district other than
as described in Section 5.9(5)(b)i), the minimum side yard setback
shall be 1.5 m.
Town of Onoway Land Use Bylaw 712-13
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iii)
Notwithstanding Section 5.9(5)(b)ii), side yards adjacent to a
residential land use district shall be 3.0 m, or one half the height of
the building, to a maximum of 6.0 m, whichever is the greater.
(c)
Rear Yard:
The minimum rear yard shall be 6.0 m, or as required by the Development
Officer or Municipal Planning Commission in order to provide adequate off-
street parking, storage, internal traffic circulation and landscaping.
(6)
Building Height
No building shall exceed 12.0 m above grade. This requirement does not apply to
building facade or other design features of a building not forming part of the
useable or functional floor space of the building.
(7)
Other Provisions
(a)
Administrative procedures and regulations: refer to Part 1-3 of this Bylaw.
(b)
General Parcel Provisions: refer to Part 4 of this Bylaw.
(c)
Special Land Use Provisions: refer to Part 4 of this Bylaw.
(d)
Parking and Loading Regulations: refer to Part 4 of this Bylaw.
(e)
Sign Regulations: refer to Part 4 of this Bylaw.
Town of Onoway Land Use Bylaw 712-13
Page 125
5.12
C3 - COMMERCIAL - HIGHWAY
(1)
General Purpose of District
This land use district is generally intended to provide for a range of commercial
uses to serve the travelling and local public.
(2)
Permitted Uses
Discretionary Uses
Car wash establishment.
Convenience store.
Gas bar and service station.
Hotel and motel.
Laundromat.
Major or minor eating and drinking
establishment.
Personal service establishment
forming part of a hotel or motel.
Accessory use or building.
Bulk fuel storage and distribution.
Equipment sales, service rental.
Mobile home sales and service.
Moving or Cartage Firm.
Public or quasi-public use.
Public utility.
Public utility building.
Recreational establishment.
Retail establishment with retail floor
space, including public access, sales
and display area, exceeding 190.0
m2.
Surveillance suite.
Vehicle or recreational equipment
sales and service.
Warehousing.
Those uses which in the opinion of
the Municipal Planning Commission
are similar to the permitted or
discretionary uses, and which
conform to the general purpose and
intent of this land use district.
(3)
Minimum Parcel Dimensions
Unless otherwise prescribed in Part 4 of this Bylaw:
(a)
Width:
Shall be no less than 15.0 m.
Town of Onoway Land Use Bylaw 712-13
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(b)
Depth:
Shall be no less than 30.0 m.
(c)
Area:
Shall be the product of the minimum parcel width and depth. The minimum
parcel area may be reduced at the discretion of the Development Officer or
Municipal Planning Commission, as the case may be, who shall take into
account the general purpose and intent of this land use district, the location
and setbacks of adjacent land uses and buildings, the safe and efficient
movement of pedestrians and motor vehicles and the landscaping, parking
and loading requirements of this Bylaw.
(4)
Parcel Coverage
Unless specifically prescribed or otherwise affected by provisions in Part 4 of this
Bylaw, the parcel area is at the discretion of the Development Officer or Municipal
Planning Commission provided that provision has been made for off-street parking,
loading, storage and waste disposal to the satisfaction of the Development Officer
or Municipal Planning Commission.
(5)
Minimum Setback Requirements
Unless otherwise prescribed in Part 4 of this Bylaw:
(a)
Front Yard:
i)
The minimum front yard setback shall be no less than 6.0 m. These
standards may be varied by the Municipal Planning Commission with
respect to corner parcels, where the Municipal Planning Commission
shall take into account the location and setbacks of existing adjacent
buildings.
ii)
There shall be no parking, loading, storage, or any other similar use
permitted within 1.5 m of the front yard parcel line.
(b)
Side Yard:
The minimum side yard shall be no less than 3.0 m.
(c)
Rear Yard:
The minimum rear yard shall be 6.0 m, or as required by the Development
Officer or Municipal Planning Commission in order to provide adequate off-
street parking, storage, internal traffic circulation and landscaping.
Town of Onoway Land Use Bylaw 712-13
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(6)
Building Height
The height of structures shall not exceed 12.0 m. This requirement does not apply
to building facade or other design features of a building not forming part of the
useable or functional floor space of the building.
(7)
Other Provisions
(a)
Administrative procedures and regulations: refer to Part 1-3 of this Bylaw.
(b)
General Parcel Provisions: refer to Part 4 of this Bylaw.
(c)
Special Land Use Provisions: refer to Part 4 of this Bylaw.
(d)
Parking and Loading Regulations: refer to Part 4 of this Bylaw.
(e)
Sign Regulations: refer to Part 4 of this Bylaw.
Town of Onoway Land Use Bylaw 712-13
Page 128
5.13
M - INDUSTRIAL
(1)
General Purpose of District
This land use district is generally intended to establish an area of industrial uses,
and those commercial uses which provide service to industrial uses or which, as a
result of their nature, are better suited in an industrial area. The uses in this land
use district are not intended to cause any objectionable or dangerous conditions
beyond the confines of the building and parcel upon which they are located.
Retail or service commercial uses may be allowed in this land use district if it can
be demonstrated to the satisfaction of the Town that this is the most viable location
for the business, and that they can coexist with surrounding industrial uses.
Commercial uses which would be more appropriately located in either the C1
Office, Retail and Service District shall not be permitted in this land use district.
(2)
Permitted Uses
Discretionary Uses
Accessory Building.
Gas bar, service station or car wash
establishment.
Greenhouse.
Manufacturing processing,
packaging or assembly of goods or
materials.
Repair service establishment.
Veterinary clinic.
Warehousing, storage receiving or
distribution facility.
Wholesale or retail establishment.
Auctioneering establishment.
Drive through business.
Minor eating or drinking
establishment.
Private club or lodge.
Public or quasi-public use.
Public utility.
Public utility building.
Recreational establishment.
Salvage establishment.
Surveillance suite.
Those uses which in the opinion of
the Municipal Planning Commission
are similar to the permitted or
discretionary uses, and which
conform to the general purpose
and intent of this land use district.
(3)
Parcel Dimensions
Unless otherwise prescribed in Part 4 of this Bylaw, parcel area shall be at the
discretion of the Development Officer or Municipal Planning Commission, as the
Town of Onoway Land Use Bylaw 712-13
Page 129
case may be, who, in determining parcel area, given the proposed use, shall
consider, among other variables, adjacent land uses, the utilization of existing or
proposed infrastructure, on-parcel storage, internal traffic circulation, off-street
parking and loading, landscaping and the required setbacks of the this land use
district.
(4)
Parcel Coverage
Unless specifically prescribed or otherwise affected by provisions in Part 4 of this
Bylaw:
(a)
Industrial commercial centre - for all combined uses and buildings the total
parcel coverage shall not exceed 0.50 times the parcel area.
(b)
All other developments shall not exceed 0.60 times the parcel area.
(5)
Minimum Setback Requirements
Unless otherwise prescribed in Part 4 of this Bylaw:
(a)
Front Yard:
i)
The minimum front yard setback shall be not less than 6.0 m, except
where a greater distance is deemed necessary by the Development
Officer or Municipal Planning Commission. No area for loading,
storage, display of goods or products, or any other similar use, shall
be permitted within 3.0 m of the front yard and such area shall be
landscaped to the carriageway.
ii)
Notwithstanding Section 5.11(5)(a)i), patron and employee parking
may be permitted 3.0 m back from the front yard parcel line at the
discretion of the Development Officer or Municipal Planning
Commission.
iii)
Subject to Section 5.11(5)(a)v), the standard with respect to the
building setback may be varied at the discretion of the Development
Officer or Municipal Planning Commission for corner or double
fronting parcels pursuant to Sections 3.6(4) and (5) and Section 4.19
of this Bylaw.
iv)
The front yard setback shall not prohibit the use of a portion of the
front yard for walks, driveways or freestanding signs.
(b)
Side Yard:
Town of Onoway Land Use Bylaw 712-13
Page 130
i)
No side yard setback is required unless, in the opinion of the
Development Officer or Municipal Planning Commission, a setback is
required in order to provide spatial separation distance between uses
or as may be required pursuant to the Alberta Building Code.
ii)
Notwithstanding Section 5.11(5)(b)(i), where a parcel has vehicular
access from the front public roadway only, one side yard setback of
not less than 6.0 m shall be provided in order to gain access to the
rear of the parcel.
iii)
Notwithstanding Section 5.11(5)(b)(i), side yards adjacent to a
residential land use district shall be 3.0 m, or one half the height of
the building, to a maximum of 6.0 m, whichever is the greater.
(c)
Rear Yard:
Shall be not less than 6.0 m, or where in the opinion of the Development
Officer or Municipal Planning Commission, a greater distance is required in
order to provide for off-street parking, on-parcel traffic circulation, storage
or separation between adjacent land uses.
(6)
Building Height
The maximum height of buildings shall be at the discretion of the Development
Officer or Municipal Planning Commission who shall consider the design, siting
and screening of the proposed development in order to minimize any objectionable
aspects or incompatibilities as a result of an increased height of a building or
structure beyond what would normally be found in the land use district or adjacent
land use districts; but, in no case shall the height of any building exceed 10.6 m
above grade.
(7)
Other Provisions
(a)
Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
(b)
General Parcel Provisions: refer to Part 4 of this Bylaw.
(c)
Special Land Use Provisions: refer to Part 4 of this Bylaw.
(d)
Parking and Loading Regulations: refer to Part 4 of this Bylaw.
(e)
Sign Regulations: refer to Part 4 of this Bylaw.
Town of Onoway Land Use Bylaw 712-13
Page 131
5.14
PR - PARKS AND RECREATION
(1)
General Purpose of District
This land use district is generally intended to establish an area for the use and
development of public areas to meet the active or passive recreational and leisure
pursuits at the local, neighbourhood, municipal and district level.
(2)
Permitted Uses
Discretionary Uses
Accessory use or building.
Active and passive recreational
facility or building, and parks.
Campground.
Day care facility.
Public use.
Public utility.
Public utility building.
School.
Surveillance suite.
Those uses which in the opinion of
the Municipal Planning Commission
are similar to the permitted or
discretionary uses, and which
conform to the general purpose and
intent of this land use district.
(3)
Development Regulations
All parcel and development regulations shall be at the discretion of the
Development Officer or Municipal Planning Commission. In reviewing applications,
the Development Officer or Municipal Planning Commission, as the case may be,
shall consider the design, siting, landscaping and screening of the proposed
development to minimize any objectionable aspects or incompatibilities such as
traffic and patrons using the parcel, increased noise, dust, odours or refuse and
any other factors which would interfere with or affect the use and enjoyment of
adjacent land uses and land use districts.
(4)
Other Provisions
(a)
Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
(b)
General Parcel Provisions: refer to Part 4 of this Bylaw.
(c)
Special Land Use Provisions: refer to Part 4 of this Bylaw.
Town of Onoway Land Use Bylaw 712-13
Page 132
(d)
Parking and Loading Regulations: refer to Part 4 of this Bylaw.
(e)
Sign Regulations: refer to Part 4 of this Bylaw.
Town of Onoway Land Use Bylaw 712-13
Page 133
5.15
US - URBAN SERVICES
(1)
General Purpose of District
This land use district is generally intended to establish an area for the development
of publicly or privately owned institutions or community services.
(2)
Permitted Uses
Discretionary Uses
Accessory use or building.
Cemetery.
Government service.
Hospital.
Library.
Museum or archives.
Nursing home.
Park.
Place of worship.
Public use.
Recreation facility.
School.
Senior citizen housing.
Day care facility.
Family care facility.
Group care facility.
Public utility.
Public utility building.
Quasi-public use.
Surveillance suite.
Those uses which in the opinion of
the Municipal Planning Commission
are similar to the permitted or
discretionary uses, and which
conform to the general purpose and
intent of this land use district.
(3)
Development Regulations
All parcel and development regulations shall be at the discretion of the
Development Officer or Municipal Planning Commission. In reviewing applications,
the Development Officer or Municipal Planning Commission, as the case may be,
shall consider the design, siting, landscaping and screening of the proposed
development to minimize any objectionable aspects or incompatibilities such as
traffic and patrons using the parcel, increased noise, dust, odours or refuse and
any other factors which would interfere with or affect the use and enjoyment of
adjacent land uses and land use districts.
(4)
Other Provisions
(a)
Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
(b)
General Parcel Provisions: refer to Part 4 of this Bylaw.
(c)
Special Land Use Provisions: refer to Part 4 of this Bylaw.
Town of Onoway Land Use Bylaw 712-13
Page 134
(d)
Parking and Loading Regulations: refer to Part 4 of this Bylaw.
(e)
Sign Regulations: refer to Part 4 of this Bylaw.
Town of Onoway Land Use Bylaw 712-13
Page 135
5.16
DC - DIRECT CONTROL
(1)
General Purpose of District
To enable land use and development to occur in areas of special character or
circumstance. Interim uses may be allowed provided they do not preclude or
significantly increase cost for development, conversion or redevelopment in terms
of the existing and future urban infrastructure. Proposed developments are
subject to the regulations below and such rules with respect to land generally or
specifically as Council may make from time to time and as described within policies
of the Municipal Development Plan or any other statutory plan in effect. Pursuant
to Part 3 of the Bylaw, all proposals will be received, considered and decided upon
by Council.
(2)
Uses
As prescribed by Council
(3)
General Development Regulations
(a)
All development and parcel regulations, including but not limited to general
parcel provisions, special land use provisions, parking and loading
regulations and sign regulations, shall be at the discretion of Council.
(b)
The design, siting, landscaping, screening and buffering shall minimize and
compensate for any objectionable aspects or potential incompatibility with
development in this land use district or abutting land use districts.
(c)
In evaluating a proposed land use or a development, Council:
i)
shall have regard for, but not be limited to:
1.
the existing use of the land,
2.
the uses, regulations and development criteria specified in the
land use district superseded by this land use district,
3.
the general and special regulations as contained elsewhere in
this Bylaw, and
4.
the land use regulations of adjoining land use districts; and
ii)
shall comply with the Municipal Government Act, Subdivision
Regulation, Yellowhead Regional Plan, Municipal Development Plan
and any statutory plan in effect.
Town of Onoway Land Use Bylaw 712-13
Page 136
(4)
Land Use Agreement
(a)
An applicant may be required to enter into a legal land use agreement with
the Town to ensure that the use and development of land and buildings on
the parcel complies with the approved development plan, as a condition of
a development permit issued pursuant to the Direct Control District.
(b)
The land use agreement shall run as a restrictive covenant against the title
of the parcel and shall serve to restrict the development of land in
accordance with the approved development plan.
(c)
The land use agreement may also provide that the applicant post security
in such form and amount as may be approved by Council to ensure
performance with the terms of the agreement.
(d)
An agreement made pursuant to this Direct Control District may specify a
time period for which it is to remain in effect.
Town of Onoway Land Use Bylaw 712-13
Page 137
5.17
UR - URBAN RESERVE
(1)
General Purpose of District
This land use district is generally intended to reserve those areas within the Town
of Onoway that are rural in character or land use for development that is urban in
character and density. When development on lands within this land use district is
proposed, other than for the uses and development prescribed in this land use
district and at any time when subdivision on lands within this land use district is
proposed, such development or subdivision will require redistricting the subject
lands to the appropriate land use district.
(2)
Permitted Uses
Discretionary Uses
Public park and recreational area.
Public utility.
Public utility building.
Public use.
Accessory building or use.
Home occupation.
Farming and cultivation of land but
not such agricultural pursuits as a
feed lot or fur farm.
Mobile Home.
Modular dwelling.
Single detached dwelling.
Surveillance suite.
Any strictly temporary use or
building which, in the opinion of the
Development Officer, will not
prejudice the possibility of
conveniently and economically
replotting or developing the area in
the future.
(3)
Development Regulations
(a)
Unless the associated impacts on the general purpose and intent of this
land use district are considered to be minimal or non-existent by the
Development Officer, Municipal Planning Commission or Council, as the
case may be, all subdivision applications, reclassification of land from UR
Urban Reserve District into any other land use district, or development
proposals other than for the permitted or discretionary uses above, shall be
accompanied by an outline plan or area structure plan satisfactory to the
Town of Onoway Land Use Bylaw 712-13
Page 138
Town. This outline plan or area structure plan should include but not be
limited to identifying the following:
i)
municipal service distribution systems (i.e., water, sewer, storm
sewer, fire protection, street lighting, utilities and so on);
ii)
roads, walkways and easements;
iii)
allocation of municipal reserve requirements;
iv)
periods of time for completion of construction or installation of
facilities;
v)
densities;
vi)
the incorporation of natural topography, vegetation and drainage
into the design of the development and subdivision; and
vii)
any other matters as may be deemed necessary by Council.
(b)
All siting, parcel coverage, densities, yard setbacks and height of buildings
shall be at the discretion of the Development Officer or Municipal Planning
Commission.
(c)
In deciding upon applications involving the keeping of livestock, the
Municipal Planning Commission will ensure that such use is compatible with
the uses occurring or proposed/expected to occur on adjacent parcels by
limiting number, scale and intensity and by requiring proper screening;
(d)
Water supply and sewage disposal shall be provided in accordance with the
Public Health Act Regulations.
(e)
An applicant may be required to enter into a legal land use agreement with
the Town to ensure that the use and development of land and buildings on
the parcel complies with the approved development plan, as a condition of
a development permit issued pursuant to the UR Urban Reserve District.
(f)
The land use agreement shall run as a restrictive covenant against the title
of the parcel and shall serve to restrict the development of land in
accordance with the approved development plan.
(g)
The land use agreement may also provide that the applicant post security
in such form and amount as may be approved by Council to ensure
performance with the terms of the agreement.
(h)
A land use agreement made pursuant to this land use district may specify
a time period for which it is to remain in effect.
Town of Onoway Land Use Bylaw 712-13
Page 139
(i)
The Development Officer or Municipal Planning Commission may specify the
length of time a use is permitted in this land use district having regard to
the future servicing and development of the subject land.
(4)
Other Provisions
(a)
Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
(b)
General Parcel Provisions: refer to Part 4 of this Bylaw.
(c)
Special Land Use Provisions: refer to Part 4 of this Bylaw.
(d)
Parking and Loading Regulations: refer to Part 4 of this Bylaw.
(e)
Sign Regulations: refer to Part 4 of this Bylaw.
PART 6 - ADMINISTRATION
6.1
SCHEDULES
Schedule A is part of this Bylaw. Schedule A is the Land Use Map.
6.2
REPEALING EXISTING CONTROLS
Bylaw No. 687-09, as amended, is hereby repealed.
6.3
DATE OF COMMENCEMENT
Town of Onoway LAND USE BYLAW 710-13
Page 141
6.4
SCHEDULE "A" LAND USE DISTRICT MAP
This Map forms part of the Bylaw.
Town of Onoway LAND USE BYLAW 710-13
Page 142
Table of Contents
PART 1 - GENERAL ..................................................................................................................................... 3
1.1
TITLE ............................................................................................................................................ 3
1.2
SCOPE ........................................................................................................................................... 3
1.3
PURPOSE ...................................................................................................................................... 3
1.4
PREVIOUS BYLAW ...................................................................................................................... 4
1.5
METRIC AND IMPERIAL MEASUREMENTS .............................................................................. 4
1.6
RELATIONSHIP TO THE MUNICIPAL GOVERNMENT ACT .................................................... 4
1.7
EFFECTIVE DATE ........................................................................................................................ 4
1.8
OTHER LEGISLATIVE AND BYLAW REQUIREMENTS ............................................................ 5
1.9
DEFINITIONS OR MEANINGS ................................................................................................... 5
PART 2 - ESTABLISHMENT OF DEVELOPMENT CONTROL AGENCIES ............................................ 28
2.1
ESTABLISHMENT OF DEVELOPMENT AUTHORITY ............................................................. 28
2.2
ESTABLISHMENT OF MUNICIPAL PLANNING COMMISSION ............................................. 29
2.3
ESTABLISHMENT OF SUBDIVISION AND DEVELOPMENT APPEAL BOARD ..................... 29
2.4
AMENDMENT OF THE LAND USE BYLAW ............................................................................. 29
2.5
SECTIONS FOUND TO BE INVALID ....................................................................................... 32
2.6
FORMS ........................................................................................................................................ 32
PART 3 - DEVELOPMENT PERMITS ....................................................................................................... 33
3.1
CONTROL OF DEVELOPMENT ................................................................................................. 33
3.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ............................................ 33
3.3
SAME OR SIMILAR USES ......................................................................................................... 36
3.4
DEVELOPMENT PERMIT APPLICATIONS ............................................................................... 36
3.5
DEVELOPMENT PERMITS AND NOTICES .............................................................................. 38
3.6
DECISION ON DEVELOPMENT PERMIT APPLICATIONS ..................................................... 39
3.7
DEEMED REFUSALS ON DEVELOPMENT PERMIT APPLICATIONS .................................... 40
3.8
SUSPENSION OR CANCELLATION OF DEVELOPMENT PERMITS ...................................... 41
3.9
CONTRAVENTION ..................................................................................................................... 41
3.10
BYLAW ENFORCEMENT, PENALTIES AND FINES ................................................................ 42
3.11
DEVELOPERS' RESPONSIBILITY ............................................................................................. 44
PART 4 - GENERAL DEVELOPMENT REGULATIONS ........................................................................... 46
Town of Onoway LAND USE BYLAW 710-13
Page 143
4.1
PRINCIPAL BUILDING OR USE ............................................................................................... 46
4.2
DWELLING UNITS ON A PARCEL ........................................................................................... 46
4.3
BOARDERS AND LODGERS ..................................................................................................... 46
4.4
HOUSE NUMBERS ..................................................................................................................... 47
4.5
BUILDING ATTACHED TO A PRINCIPAL BUILDING ............................................................ 47
4.6
DESIGN, CHARACTER AND APPEARANCE OF BUILDINGS AND STRUCTURES ............... 47
4.7
ARCHITECTURAL DESIGN GUIDELINES ................................................................................ 50
4.8
RELOCATION OF BUILDINGS ................................................................................................. 51
4.9
EXCAVATION, STRIPPING AND GRADING ............................................................................ 52
4.10
LANDSCAPING ........................................................................................................................... 53
4.11
DEVELOPMENT ON OR NEAR SLOPES .................................................................................. 54
4.12
LIMITED ACCESS TO MAJOR ROADS .................................................................................... 55
4.13
ON PARCEL AND OFF PARCEL SERVICES AND IMPROVEMENTS ...................................... 56
4.14
EMERGENCY ACCESS TO BUILDINGS ................................................................................... 56
4.15
CURB CUTS ................................................................................................................................ 56
4.16
PROJECTIONS OVER YARDS ................................................................................................... 57
4.17
GARAGES, ACCESSORY BUILDINGS AND STRUCTURES .................................................... 58
4.18
SECONDARY SUITES ................................................................................................................ 61
4.19
CORNER AND DOUBLE FRONTING PARCELS ....................................................................... 62
4.20
ZERO SIDE YARD DEVELOPMENTS IN RESIDENTIAL DISTRICTS .................................... 63
4.21
CORNER SIGHT TRIANGLES ................................................................................................... 65
4.22
OUTSIDE STORAGE .................................................................................................................. 65
4.23
POLLUTION CONTROL ............................................................................................................. 66
4.24
BUILDING DEMOLITION .......................................................................................................... 67
4.25
AUTOMOBILE PARKING AND LOAD REQUIREMENTS ......................................................... 67
4.26
OBJECTS PROHIBITED OR RESTRICTED IN YARDS ........................................................... 72
4.27
FENCES AND SCREENING ....................................................................................................... 74
4.28
HOME OCCUPATIONS .............................................................................................................. 76
4.29
BED AND BREAKFAST OPERATIONS ..................................................................................... 78
4.30
DAY CARE FACILITIES AND DAY HOMES ............................................................................. 79
4.31
FAMILY CARE AND GROUP CARE FACILITIES ..................................................................... 79
Town of Onoway LAND USE BYLAW 710-13
Page 144
4.32
MULTIPLE FAMILY DWELLING DEVELOPMENTS ................................................................. 80
4.33
SURVEILLANCE SUITES ........................................................................................................... 82
4.34
PLACES OF WORSHIP .............................................................................................................. 83
4.35
MOTELS / HOTELS .................................................................................................................... 84
4.36
DRIVE-THROUGH BUSINESSES .............................................................................................. 85
4.37
GAS BARS, SERVICE STATIONS AND BULK OIL STATIONS .............................................. 86
4.38
CAR WASHING ESTABLISHMENTS ......................................................................................... 87
4.39
CHEMICAL STORAGE AND HANDLING .................................................................................. 88
4.40
RECREATIONAL VEHICLES AND TEMPORARY LIVING ACCOMMODATIONS .................. 89
4.41
GENERAL SIGN REGULATIONS .............................................................................................. 89
4.42
SIGNS IN COMMERCIAL DEVELOPMENTS ............................................................................ 90
4.43
ADULT SERVICE OR ENTERTAINMENT ESTABLISHMENT AND BODY RUB CENTRE ..... 91
PART 5 - LAND USE DISTRICTS AND REGULATIONS ........................................................................ 92
5.1
ESTABLISHMENT OF DISTRICTS AND LAND USES ............................................................. 92
5.2
R1 - RESIDENTIAL - SINGLE FAMILY................................................................................... 94
5.3
R1N - RESIDENTIAL - SINGLE FAMILY NARROW LOT ...................................................... 97
5.4
R1S - RESIDENTIAL - SINGLE FAMILY SMALL LOT ......................................................... 100
5.5
R2 - RESIDENTIAL - MEDIUM DENSITY ............................................................................ 104
5.6
R3 - RESIDENTIAL - HIGH DENSITY .................................................................................. 108
5.7
RMHS - RESIDENTIAL - MANUFACTURED HOME SUBDIVISION ................................... 111
5.8
RMHS - RESIDENTIAL - MANUFACTURED HOME COURT ............................................... 113
5.9
C1 - COMMERCIAL - OFFICE, RETAIL AND SERVICE ...................................................... 116
5.10
C1R - COMMERCIAL - DOWNTOWN MIXED USE .............................................................. 119
5.11
C2 - COMMERCIAL - SECONDARY ...................................................................................... 122
5.12
C3 - COMMERCIAL - HIGHWAY .......................................................................................... 125
5.13
M - INDUSTRIAL .................................................................................................................... 128
5.14
PR - PARKS AND RECREATION ............................................................................................ 131
5.15
US - URBAN SERVICES .......................................................................................................... 133
5.16
DC - DIRECT CONTROL ........................................................................................................ 135
5.17
UR - URBAN RESERVE ........................................................................................................... 137
PART 6 - ADMINISTRATION ................................................................................................................ 140
Town of Onoway LAND USE BYLAW 710-13
Page 145
6.1
SCHEDULES ............................................................................................................................. 140
6.2
REPEALING EXISTING CONTROLS ....................................................................................... 140
6.3
DATE OF COMMENCEMENT .................................................................................................. 140
6.4
SCHEDULE "A" LAND USE DISTRICT MAP .......................................................................... 141