Bylaw #987-11 Land Use Bylaw (consolidated to Bylaw 1098-21)

Raymond, Alberta

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Land Use Bylaw No. 987-11 June 2011 Consolidated to Bylaw No. 1117-22, August 2022 Prepared by June 2011 Town of Raymond Land Use Bylaw No. 987-11 Amendments - Page 1 Town of Raymond Land Use Bylaw No. 987-11 - Amendments Bylaw No. Amendment Description Legal Description Passed 1007-13 "Urban Reserve - UR" to "Parks and Open Space - POS- 1" "Urban Reserve - UR" to "General Residential - R-1" Lot 2, Block 1, Plan 1010288 and a portion of Lot 1, Block 1, Plan 0814299 Portion of Lot 1, Block 1, Plan 0814299 3-Sep-2013 1010-14 "Public and Institutional - PI-1" to "General Residential - R-1" Portion of Lot 30, Block 69, Plan 0614700 15-Apr-2014 1024-16 "General Residential - R-1" to "Public and Institutional - PI-1" Lots 1-4, Block 71, Plan 2039I 19-Jul-2016 1025-16 "General Residential - R" That portion of Lot 29, Block 44, Plan 1511638 that was previously Closed Lane on Plan 2039I 19-Jul-2016 1027-16 Amend the "Neighbourhood Commercial - NC-1" district to include "Office" as a discretionary use 19-Oct-2016 1028-16 Designate to "Neighbourhood Commercial - NC-1" Lot 10, Block 2, Plan 1010468 19-Oct-2016 1029-16 "Urban Fringe - UF" to "Urban Reserve - UR-1" "Urban Fringe - UF" to "Parks and Open Space - POS-1" Lots 2-4, Block 2, Plan 1410066; Block A, Plan 2110JK; Portion of Canal R/W, Plan IRR50; Areas A, B, C and D, Plan 1410130; Portions of Canal R/W, Plan IRR40 and Canal R/W, Plan 9610785 Portion of Canal R/W, Plan IRR40 West of Area E; Blocks E and F, Plan 2110JK 20-Dec-2016 1037-17 "General Commercial - C-1" to "General Residential - R-1" That portion of Lot 12 which lies to the east of the westerly 10 feet throughout the said Lot 12 and that portion of Lot 13 which lies to the west of the easterly 15 feet throughout the said Lot 13, Block 14, Plan 2039I 5-Sep-2017 1038-17 "Industrial - I-1" to "Urban Reserve - UR-1" That portion of Lot 12, Block 1, Plan 1710885, formerly described as Lot 11, Block 1, Plan 1710884, abutting parcel A, Plan 6804DP 5-Sep-2017 1042-17 Land described as "Portion of Canal R/W, Plan IRR40 West of Area E" in the preamble and section 2 of Bylaw 1029-16 and described as "Portion of Canal R/W, Plan IRR40" in Schedule 'A' of Bylaw 1029-16 are corrected to read "Portion of Canal R/W, Plan IRR50" 5-Sep-2017 1043-17 "Urban Reserve - UR-1" to "General Residential - R-1" A portion of Lot 1, Block 1, Plan 0814299 3-Oct-2017 1045-17 "Urban Reserve - UR-1" and "Direct Control - DC-1" to "Parks and Open Space - POS-1" Portions of Lots 1, 11 and 13, Block 50, Plan 1610561 7-Nov-2017 1055-18 Various text amendments to update administrative processes and timelines for determining complete applications and issuing notification for development and subdivision, update appeal timelines, clarify development agreement standards, and update and enhance other administrative requirements for clarity and ease of use 17-Jul-2018 1056-18 "General Residential - R-1" to "General Commercial - C-1" W 195 ft. of Lot 5 excepting thereout the W 98 ft. of the N 66 ft. Block 33, Plan 2039I 3-Jul-2018 1057-18 Designate to "General Residential - R-1" Portion of lane that lies between Lots 5 and 6, Block 43, Plan 2039I 4-Sep-2018 Town of Raymond Land Use Bylaw No. 987-11 Amendments - Page 2 Bylaw No. Amendment Description Legal Description Passed 1058-18 "Parks and Open Space - POS-1" to "General Residential - R-1" Portion of canal right of way Plan IRR40 that lies north of Lot 6, Block 43, Plan 2039I and north of the lane between Lots 5 and 6, Block 43, Plan 2039I Defeated 4-Sep-2018 1060-18 "General Residential - R-1" to "Direct Control - DC-1" Portion of Lot 2, Block 4, Plan 5822EJ 21-Aug-2018 1061-18 Various text amendments to regulate retail cannabis sales and cannabis production facilities 18-Sep-2018 1062-18 "General Residential - R-1" to "General Commercial - C-1" Lot 4A, Block 4, Plan 9310057 21-Aug-2018 1064-18 "Urban Reserve - UR-1" to "General Residential - R-1" Parcel 14, Plan 2039I and Portion of Lot 13, Block 50, Plan 1610561 6-Nov-2018 1068-19 "Public and Institutional - PI-1" to "General Commercial - C-1" Easterly 75 feet of the westerly 150 feet of Lot 9, Block 2, Plan 5822EJ 5-Mar-2019 1074-19 "Parks and Open Space - POS" to "General Commercial - C-1" Lot 5, Block 29, Plan 5600GI 18-Jun-2019 1075-19 "General Residential - R-1" to "General Commercial - C-1" Lot 6, Block 52, Plan 2039I DEFEATED 16-Jul-2019 1076-19 "Public and Institutional - PI-1" to "General Commercial - C-1" Portion of Lot 1, Block 3, Plan 5822EJ and Portion of Lot 2, Block 3, Plan 5822EJ 18-Jun-2019 1079-19 "Public and Institutional - PI-1" to "General Commercial - C-1" West Portion of Lot 6, Block 29, Plan 5600GI 18-Jun-2019 1084-19 "Urban Reserve - UR-1" to "General Residential - R-1" West Portion of Lot 1, Block 3, Plan 0414536 21-Jan-2020 1088-20 "Urban Reserve - UR-1" to "General Residential - R-1" Easterly 158 feet of Lot 10, Block 26, Plan 9810665 (1.18 acres) 3-Mar-2020 1095-21 "General Residential - R-1" to "Direct Control - DC-1" Lot 33, Block 22A, Plan 8111944 16-Mar-2021 1097-21 "Urban Reserve - UR-1" to "General Residential - R-1" Ptn. Lot 4, Block 26, Plan 2023GL 4-May-2021 1098-21 "General Residential - R-1" to "General Commercial - C-1" Lot 6, Block 52, Plan 2039I 4-May-2021 1108-21 Designate to "General Residential - R-1" That portion of Granite Road, Plan 1910165 which lies between Lot 7, Block 6 and Lot 21, Block 3 of Plan 1910165 18-Jan-22 1109-21 Amend Driveway Standards in the R-1, R-2, C-1, NC-1, I- 1, POS-1, PI-1, and UR-1 districts. Amend Barrier-Free Parking requirements to comply with current Safety Code requirements. Increase Development Officer's capacity to for a limited variance of a measurable standard for permitted uses and development officer discretionary uses. Amend definitions for limited variance and measurable standard. Amend square footage of an accessory structure not requiring a development permit. Remove minimum setback from easements and replace with an informative. Amend the subdivision application requirement for a surveyor's sketch or real property report to include variance capability to accommodate circumstances. 23-Aug-22 1114-22 Designate to "Urban Reserve - UR-1" 100 West Country Estate Drive as shown on Plan 101 0468 19-Apr-22 1115-22 "General Residential - R-1" to "Urban Reserve - UR-1" Lot 1, Block 1, Plan 1010468 and Lots 1-9PUL, Block 2, Plan 1010468 19-Apr-22 Town of Raymond Land Use Bylaw No. 987-11 Amendments - Page 3 Bylaw No. Amendment Description Legal Description Passed 1116-22 "Urban Reserve - UR-1" to "General Residential - R-1" Lot 11, Block 26, Plan 2011068 and Block 49, excepting thereout the west two hundred and eighty five tenths (280.5) feet, Plan 2039I, and the southeast portion of Block 49 (26m wide by 70m long) containing 0.182 Ha, Plan 2039I 3-May-22 1117-22 "Urban Reserve - UR-1" to "General Residential - R-1" "Urban Reserve - UR-1" to "Parks and Open Space - POS-1" Portion of Lot 1 Block 1 Plan 0814299 Totaling approximately 12.05 ha (29.78 acres) Portion of Lot 1 Block 1 Plan 0814299 Totaling approximately 8.18 ha (20.22 acres) 7-June-22 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 LAND USE BYLAW TOWN OF RAYMOND TABLE OF CONTENTS TABLE OF CONTENTS PART 1: ADMINISTRATIVE ENACTMENT Page 1. TITLE.......................................................................................................................................... 1 2. PURPOSE .................................................................................................................................. 1 3. EFFECTIVE DATE ..................................................................................................................... 1 4. REPEAL OF FORMER BYLAW ................................................................................................. 1 5. SEVERABILITY .......................................................................................................................... 1 6. COMPLIANCE WITH THE LAND USE BYLAW ........................................................................ 1 7. COMPLIANCE WITH OTHER LEGISLATION ........................................................................... 2 8. RULES OF INTERPRETATION ................................................................................................. 2 9. MEASUREMENTS AND STANDARDS ..................................................................................... 2 10. DEFINITIONS ............................................................................................................................ 2 11. FORMS, NOTICES, AND FEES ................................................................................................ 2 12. APPENDICES ............................................................................................................................ 2 APPROVING AUTHORITIES 13. DEVELOPMENT AUTHORITY .................................................................................................. 3 14. SUBDIVISION AUTHORITY - POWERS & DUTIES ................................................................ 3 15. DEVELOPMENT OFFICER - POWERS & DUTIES ................................................................. 4 16. MUNICIPAL PLANNING COMMISSION - POWERS & DUTIES ............................................. 5 17. COUNCIL ................................................................................................................................... 5 18. SUBDIVISION AND DEVELOPMENT APPEAL BOARD (SDAB) ............................................. 5 DEVELOPMENT AND SUBDIVISION IN GENERAL 19. LAND USE DISTRICTS ............................................................................................................. 6 20. SUITABILITY OF SITES ............................................................................................................ 6 21. NUMBER OF DWELLING UNITS ON A PARCEL .................................................................... 7 22. NON-CONFORMING BUILDINGS AND USES ......................................................................... 7 23. DEVELOPMENT ON NON-CONFORMING SIZED LOTS ........................................................ 7 24. NON-CONFORMING VARIANCES ........................................................................................... 7 25. DEVELOPMENT AGREEMENTS .............................................................................................. 7 DEVELOPMENT PERMIT RULES AND PROCEDURES 26. DEVELOPMENT PERMIT - WHEN REQUIRED ...................................................................... 8 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TABLE OF CONTENTS TOWN OF RAYMOND LAND USE BYLAW 27. DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ........................................... 8 28. DEVELOPMENT PERMIT APPLICATION .............................................................................. 10 29. DETERMINATION OF COMPLETE DEVELOPMENT APPLICATION ................................... 11 30. PERMITTED USE APPLICATIONS ......................................................................................... 12 31. DISCRETIONARY USE APPLICATIONS ................................................................................ 13 32. DIRECT CONTROL DISTRICTS ............................................................................................. 14 33. SIMILAR USE .......................................................................................................................... 15 34. TEMPORARY USE .................................................................................................................. 15 35. APPLICATIONS REQUESTING VARIANCE OF BYLAW PROVISIONS .............................. 16 36. NOTIFICATION OF ADJACENT LANDOWNERS AND PERSONS LIKELY AFFECTED ...... 16 37. NOTICE OF DECISION ........................................................................................................... 17 38. COMMENCEMENT OF DEVELOPMENT ............................................................................... 17 39. DEVELOPMENT PERMIT VALIDITY ...................................................................................... 18 40. TRANSFERABILITY OF DEVELOPMENT PERMIT ............................................................... 18 41. OCCUPANCY PERMITS ......................................................................................................... 18 42. FAILURE TO MAKE A DECISION - DEEMED REFUSAL ...................................................... 18 43. REAPPLICATION FOR A DEVELOPMENT PERMIT ............................................................. 18 44. SUSPENSION OR CANCELLATION OF A PERMIT .............................................................. 19 45. DEVELOPMENT APPEALS .................................................................................................... 19 ENFORCEMENT 46. NOTICE OF VIOLATION ......................................................................................................... 20 47. STOP ORDERS ....................................................................................................................... 20 48. ENFORCEMENT OF STOP ORDERS .................................................................................... 20 49. PENALTIES AND RIGHT OF ENTRY ..................................................................................... 20 AMENDMENTS 50. AMENDMENTS TO THE LAND USE BYLAW ......................................................................... 21 51. LAND USE REDESIGNATION APPLICATION REQUIREMENTS ......................................... 21 52. REDESIGNATION CRITERIA ................................................................................................. 22 SUBDIVISION RULES AND PROCEDURES 53. SUBDIVISION APPLICATION ................................................................................................. 23 54. DETERMINATION OF COMPLETE SUBDIVISION APPLICATION ....................................... 23 55. SUBDIVISION CRITERIA ........................................................................................................ 24 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 LAND USE BYLAW TOWN OF RAYMOND TABLE OF CONTENTS PART 2: GENERAL DEVELOPMENT STANDARDS GENERAL DEVELOPMENT STANDARDS ................................................................................... 27 PART 3: USE SPECIFIC STANDARDS USE SPECIFIC STANDARDS ....................................................................................................... 37 PART 4: LAND USE DISTRICTS LAND USE DISTRICTS .................................................................................................................. 51 LAND USE DISTRICTS REGULATIONS ....................................................................................... 51 GENERAL RESIDENTIAL - R-1 ............................................................................................. 53 MANUFACTURED HOME PARK - R-2 .................................................................................. 65 GENERAL COMMERCIAL - C-1 ............................................................................................. 73 NEIGHBOURHOOD COMMERCIAL - NC-1 ........................................................................... 81 INDUSTRIAL - I-1 .................................................................................................................... 85 PARKS AND OPEN SPACE - POS-1 ..................................................................................... 91 PUBLIC AND INSTITUTIONAL - PI-1 ..................................................................................... 95 URBAN RESERVE - UR-1 ...................................................................................................... 99 DIRECT CONTROL - DC-1 ................................................................................................... 103 PART 5: DEFINITIONS 1. GENERAL DEFINITIONS ...................................................................................................... 105 2. SIGN DEFINITIONS ............................................................................................................... 126 3. SMALL WIND ENERGY CONVERSION SYSTEM (SWECS) DEFINITIONS ....................... 128 APPENDIX A: TELECOMMUNICATION ANTENNA SITING PROTOCOL EXCLUSION LIST APPENDIX B: EXCERPTS FROM THE MUNICIPAL GOVERNMENT ACT APPENDIX C: FORMS, NOTICES, AND FEES T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TABLE OF CONTENTS TOWN OF RAYMOND LAND USE BYLAW T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 LAND USE BYLAW TOWN OF RAYMOND PART 1: ADMINISTRATIVE PART 1: ADMINISTRATIVE T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 1: ADMINISTRATIVE TOWN OF RAYMOND LAND USE BYLAW T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 1 LAND USE BYLAW TOWN OF RAYMOND PART 1: ADMINISTRATIVE PART 1: ADMINISTRATIVE ENACTMENT 1. TITLE This bylaw may be cited as the "Town of Raymond Land Use Bylaw." 2. PURPOSE In compliance with section 640 of the Municipal Government Act (Act), this bylaw regulates and controls the use and development of land and buildings within the Town of Raymond to achieve orderly, efficient, and economic development of the land. More specifically, the purpose of this bylaw is to establish the standards and processes which regulate the use and development of all land and buildings within the Town of Raymond. This bylaw, among other things, divides the municipality into districts; prescribes and regulates the use(s) for each district; establishes the administrative procedures for decision-making; prescribes development standards and subdivision design criteria; and implements the Town of Raymond Municipal Development Plan and other statutory plans of the municipality, as may be developed. 3. EFFECTIVE DATE This bylaw shall come into effect upon third and final reading thereof. 4. REPEAL OF FORMER BYLAW Town of Raymond Land Use Bylaw No. 887-02 and amendments thereto are hereby repealed. 5. SEVERABILITY If any provision of this bylaw is held to be invalid by a decision of a court of competent jurisdiction, that decision will not affect the validity of the remaining portions. 6. COMPLIANCE WITH THE LAND USE BYLAW (1) No development, other than those designated in Part 1, section 27 of this bylaw (Development Not Requiring a Development Permit), shall be undertaken within the Town unless a development application has been approved and a development permit has been issued. (2) Notwithstanding subsection (1), while a development permit may not be required pursuant to Part 1, section 27, development shall comply with all regulations of this bylaw. (3) A person who develops land or a building in the municipality shall comply with the applicable standards and requirements of development specified in this bylaw, in addition to complying with the use or uses prescribed in the applicable land use district and any conditions attached to a development permit if one is required. P a g e | 2 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 1: ADMINISTRATIVE TOWN OF RAYMOND LAND USE BYLAW 7. COMPLIANCE WITH OTHER LEGISLATION Compliance with the requirements of this bylaw does not exempt any person undertaking a development from complying with all applicable municipal, provincial or federal legislation, and respecting any easements, covenants, agreements or other contracts affecting the land or the development. 8. RULES OF INTERPRETATION (1) Unless otherwise required by the context, words used in the present tense include the future tense; words used in the singular include the plural; and the word person includes a corporation as well as an individual. The Interpretation Act, Chapter I-8, RSA 2000 as amended, shall be used in the interpretation of this bylaw. Words have the same meaning whether they are capitalized or not. (2) The written regulations of this bylaw take precedence over any graphic or diagram if there is a perceived conflict. (3) The Land Use Districts Map takes precedence over any graphic or diagram in the district regulations if there is a perceived conflict. 9. MEASURMENTS AND STANDARDS For the purpose of applying the standards of the bylaw, the metric standards as specified in this bylaw are applicable. Imperial measurements and conversions are provided for information only. 10. DEFINITIONS Refer to Part 5. 11. FORMS, NOTICES AND FEES (1) For the purposes of administering the provisions of this bylaw, Council may authorize by separate resolution or bylaw as may be applicable, the preparation and use of such fee schedules, forms or notices as in its discretion it may deem necessary. Any such fee schedules, forms or notices are deemed to have the full force and effect of this bylaw in execution of the purpose for which they are designed, authorized and issued. (2) Application forms, fees and notices are included in Appendix C. (3) Refund of application fees requires approval of the Municipal Planning Commission. (4) In any case, where the required fee is not listed in the fee schedule, such fee shall be determined by the Development Officer and shall be consistent with those fees listed in the schedule for similar developments. (5) If development is commenced without applying for a development permit an additional fee, in the amount prescribed under the current fee schedule, shall be payable upon application for the development permit. 12. APPENDICES Appendices A, B and C attached hereto are for information purposes only and may be amended from time to time independent of this bylaw as they do not form part of the Town of Raymond Land Use Bylaw. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 3 LAND USE BYLAW TOWN OF RAYMOND PART 1: ADMINISTRATIVE APPROVING AUTHORITIES 13. DEVELOPMENT AUTHORITY (1) The Development Authority is established by separate bylaw pursuant to the Act and for the purposes of the Town of Raymond Land Use Bylaw, is the Designated Officer, acting in the capacity of Development Officer, and the Municipal Planning Commission. (2) In accordance with section 210 of the Act and for the purpose of this bylaw the Designated Officer shall be the Development Officer. (3) In the absence of the Development Officer, the following are authorized to act in the capacity of Development Officer: (a) Municipal Planning Commission; (b) Chief Administrative Officer; or (c) a designate(s) in accordance with the Act. (4) The Development Officer is an authorized person in accordance with section 624 of the Act. (5) The Development Authority shall perform such powers and duties as are specified: (a) in the Town of Raymond Municipal Planning Commission Bylaw; (b) in this bylaw; (c) in the Municipal Government Act; (d) where applicable, by resolution of Council. 14. SUBDIVISION AUTHORITY - POWERS AND DUTIES (1) The Subdivision Authority is authorized to make decisions on applications for subdivision pursuant to the Subdivision Authority Bylaw, and shall perform such powers and duties as are specified: (a) in the Town of Raymond Municipal Planning Commission Bylaw; (b) in this bylaw; (c) in the Municipal Government Act; (d) where applicable, by resolution of Council. (2) The Subdivision Authority may delegate, through any of the methods described in subsection (1), to an individual, municipal staff, or a regional service commission, any of its functions and duties in the processing of subdivision applications. In respect of this: (a) The delegation of duties by the Subdivision Authority may include the authorized entity being responsible for determining the completeness of a submitted subdivision application. (b) The Subdivision Authority delegate is authorized to carry out the application process with subdivision applicants as described in the Subdivision Application Rules and Procedures section of this bylaw, including the task of sending all required notifications to applicants as stipulated. P a g e | 4 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 1: ADMINISTRATIVE TOWN OF RAYMOND LAND USE BYLAW 15. DEVELOPMENT OFFICER - POWERS AND DUTIES (1) The office of the Development Officer is hereby established and such office shall be filled by one or more persons as appointed by resolution of Council. (2) The Development Officer: (a) shall receive and process all applications for development permits, and determine whether a development permit application is complete in accordance with Part 1, section 29 (Determination of Complete Development Application); (b) shall maintain for the inspection of the public during office hours, a copy of this bylaw and all amendments thereto and ensure that copies of the same are available for public purchase; (c) shall establish and maintain a register in which shall be recorded the application made for a development permit and the decision made on the application, and contain any such other information as the Municipal Planning Commission considers necessary; (d) except as provided in subsection (2)(g), shall consider and decide on applications for a development permit for: (i) permitted uses that comply with this land use bylaw; (ii) discretionary uses identified under "Discretionary Uses - Development Officer" in the applicable land use district; (iii) permitted uses that request one limited variance of a measurable standard not to exceed 20%; (iv) discretionary uses identified under "Discretionary Uses - Development Officer" that request one limited variance of a measurable standard not to exceed 20%; (v) permitted uses on existing registered lots where the Municipal Planning Commission granted a variance(s) to the minimum lot width, length and/or area requirements as part of a subdivision approval; (vi) temporary uses in accordance with Part 1, section 34; (vii) landscaping; (viii) residential hard surfaces in excess of 25% lot coverage in the yard in which proposed; (ix) fences, walls or other types of enclosures; and (x) demolition; (e) shall refer to the Municipal Planning Commission, with recommendations, all development permit applications for which decision making authority has not been assigned to the Development Officer; (f) may refer any development application to the Municipal Planning Commission for a decision and may refer any other planning or development matter to the Municipal Planning Commission for its review, comment or advice; (g) shall refer all development applications in a Direct Control District to Council for a decision, unless Council has specifically delegated approval authority to the Development Officer or the Municipal Planning Commission; (h) shall notify adjacent landowners and any persons who are likely to be affected by a proposed development in accordance with Part 1, section 36 of this bylaw; (i) shall receive, review, and refer any applications to amend this bylaw to Council; T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 5 LAND USE BYLAW TOWN OF RAYMOND PART 1: ADMINISTRATIVE (j) shall issue the written notice of decision and/or development permit on all development permit applications and any other notices, decisions or orders in accordance with this bylaw; (k) may receive and consider and decide on requests for time extensions for Development Permits which the Development Officer has approved; (l) may receive and consider and decide on requests for time extensions for Development Permits which the Municipal Planning Commission has approved for extension requests not to exceed 6 months; and shall refer to the Municipal Planning Commission those requests for time extensions in excess of 6 months for Development Permits which the Municipal Planning Commission has approved; (m) shall provide a regular report to the Municipal Planning Commission summarizing the applications made for a development permit and the decision made on the applications, and any other information as the Municipal Planning Commission considers necessary; (n) and shall perform any other powers and duties as are specified in this bylaw, the Municipal Planning Commission Bylaw, the Act or by resolution of Council. 16. MUNICIPAL PLANNING COMMISSION - POWERS & DUTIES (1) The Municipal Planning Commission may exercise only such powers and duties as are specified in the Act, the Municipal Planning Commission Bylaw, this bylaw, or by resolution of Council. (2) The Municipal Planning Commission shall be responsible for: (a) considering and deciding upon development permit applications referred to it by the Development Officer; (b) providing recommendations on planning and development matters referred to it by the Development Officer or Council; (c) considering and deciding upon requests for time extensions on development permit applications referred to it by the Development Officer; (d) considering and deciding upon applications for subdivision approval; (e) any other powers and duties as are specified in this bylaw, the Municipal Planning Commission Bylaw, the Act or by resolution of Council. 17. COUNCIL Council shall be responsible for considering development permit applications within any Direct Control District, except where the decision making authority has been delegated to the Municipal Planning Commission or the Development Officer. 18. SUBDIVISION AND DEVELOPMENT APPEAL BOARD (SDAB) The SDAB is established by separate bylaw pursuant to the Act, and may exercise such powers and duties as are specified in this bylaw, the Act and the Subdivision and Development Appeal Board Bylaw. P a g e | 6 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 1: ADMINISTRATIVE TOWN OF RAYMOND LAND USE BYLAW DEVELOPMENT AND SUBDIVISION IN GENERAL 19. LAND USE DISTRICTS (1) The Town of Raymond is divided into those land use districts as specified in Part 4 and shown on the Land Use Districts Map. (2) The one or more uses of land or buildings that are: (a) permitted uses in each district, with or without conditions; and/or (b) discretionary uses in each district, with or without conditions; are described in Part 4. (3) A land use that is not listed as a permitted or discretionary use but which is reasonably similar in character and purpose to a permitted or discretionary use in that district may be deemed a similar use by the Development Authority in accordance with Part 1, section 33 (Similar Use). (4) A land use not listed as a permitted or discretionary use or not deemed a similar use, in a district is a prohibited use and shall be refused. 20. SUITABILITY OF SITES (1) Notwithstanding that a use of land may be permitted or discretionary or considered similar in nature to a permitted or discretionary use in a land use district, the Subdivision Authority or Development Authority, as applicable, may refuse to approve a subdivision or issue a development permit if the Authority is made aware of or if in their opinion, the site of the proposed building or use is not safe or suitable based on the following: (a) does not have safe legal and physical access to a developed municipal road in accordance with the land use bylaw, other municipal requirements or those of Alberta Transportation if within 300 m (984 ft) of a provincial highway or 800 m (2,625 ft) from the centre point of an intersection of a controlled highway and a public road; (b) has a high water table or soil conditions which make the site unsuitable for foundations and/or sewage disposal systems in accordance with the provincial regulations; (c) is situated on an unstable slope; (d) consists of unconsolidated material unsuitable for building; (e) does not comply with the requirements of the Regional Plan, Subdivision and Development Regulation or any other applicable Statutory Plans or approved Conceptual Design Scheme; (f) is situated over an active or abandoned coal mine or oil or gas well or pipeline; (g) is unsafe due to contamination by previous land uses; (h) does not meet the minimum setback requirements from a sour gas well or bulk ammonia storage facility; (i) does not have adequate water and sewer provisions; (j) does not meet the lot size and/or setback requirements or any other applicable standards or requirements of the Town of Raymond Land Use Bylaw; (k) is subject to any easement, caveat, restrictive covenant or other registered encumbrance which makes it impossible to build on the site; (l) is subject to flooding, subsidence or erosion; T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 7 LAND USE BYLAW TOWN OF RAYMOND PART 1: ADMINISTRATIVE (m) would prevent or interfere with the natural and economic extension of a nearby developed area; (n) is located within the future road right-of-way or road alignment identified in an approved Conceptual Design Scheme, an adopted Area Structure Plan, Town of Raymond Transportation Master Plan, or other adopted Statutory Plan; (o) is incompatible with surrounding land uses. (2) Nothing in this section shall prevent the Subdivision Authority from approving a subdivision or the Development Authority from issuing a development permit if the Authority is satisfied that there is no risk to persons or property or that these concerns will be met by appropriate engineering measures or other mitigating measures and approvals from provincial and/or federal agencies have been obtained, as applicable. 21. NUMBER OF DWELLING UNITS ON A PARCEL No more than one dwelling unit shall be constructed or located or caused to be constructed or located on a parcel except as provided for in the land use district for which the application is made (e.g. accessory dwelling, duplex dwellings, multi-unit dwellings, dwelling groups, manufactured home park, as permitted in the applicable land use district). 22. NON-CONFORMING BUILDINGS AND USES A non-conforming building or use may only be continued in accordance with the conditions detailed in the Act. Refer to Appendix B. 23. DEVELOPMENT ON NON-CONFORMING SIZED LOTS (1) Development on an existing registered non-conforming sized lot that does not meet the minimum requirements for lot length, width or area specified in the applicable land use district in Part 4 may be permitted at the discretion of the Municipal Planning Commission. (2) The Development Officer is authorized to permit development on existing registered non- conforming sized lots for permitted uses and discretionary uses for which the Development Officer has been authorized to decide upon where the Municipal Planning Commission issued a variance(s) to the minimum requirements for lot length, width and/or area as part of a subdivision approval. 24. NON-CONFORMING VARIANCES The Municipal Planning Commission is authorized to exercise minor variance powers with respect to non-conforming buildings pursuant to section 643(5)(c) of the Act. Refer to Appendix B. 25. DEVELOPMENT AGREEMENTS (1) The Development Officer or the Municipal Planning Commission may require, with respect to a development, that as a condition of issuing a development permit, the applicant enter into an agreement with the municipality, pursuant to section 650(1) of the Act, to do any or all of the following: (a) to construct or pay for the construction of a road required to give access to the development; (b) to construct or pay for the construction of a pedestrian walkway system to serve the development and/or connect the pedestrian walkway system that services or is proposed to serve adjacent development; P a g e | 8 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 1: ADMINISTRATIVE TOWN OF RAYMOND LAND USE BYLAW (c) to install or pay for the installation of a public utility that is necessary to serve the development, whether or not the public utility is, or will be, located on the land that is the subject of the development; (d) to construct or pay for the construction of off-street or other parking facilities, and/or loading and unloading facilities; (e) to pay an off-site levy or redevelopment levy imposed by bylaw; (f) to give security to ensure that the terms of the agreement under this section are carried out. (2) The Subdivision Authority may require, with respect to a subdivision that as a condition of issuing an approval for a subdivision, the applicant enter into an agreement with the municipality pursuant to section 655(1) of the Act. (3) An agreement referred to in this section may require the applicant for a development permit or subdivision approval to oversize improvements in accordance with section 651 of the Act. (4) The municipality may register a caveat under the Land Titles Act with respect to an agreement under this section against the certificate of title for the land that is the subject of the development, or for the parcel of land that is the subject of the subdivision. (5) If a municipality registers a caveat under this section, the municipality must discharge the caveat when the agreement has been complied with. DEVELOPMENT PERMIT RULES AND PROCEDURES 26. DEVELOPMENT PERMIT - WHEN REQUIRED (1) Except as provided in Part 1, section 27 (Development Not Requiring a Development Permit), no development shall be commenced unless a development permit application has been approved, a development permit issued, and the development is in accordance with the terms and conditions of a development permit issued pursuant to this bylaw. (2) In addition to meeting the requirements of this bylaw, it is the responsibility of the applicant to ascertain, obtain and comply with all other approvals and licenses that may be required by other federal, provincial or municipal regulatory departments or agencies. 27. DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT (1) This subsection does not negate the requirement of obtaining all required permits, as applicable, under the Safety Codes Act and any other municipal, provincial or federal statute. (2) This subsection does not negate the requirement of obtaining a business license where required. (3) The following developments shall not require a development permit: (a) any use or development exempted under section 618(1) of the Act (e.g., a highway or road, a well or battery, a pipeline or installation or structure incidental to the operation of a pipeline); (b) any use or development exempted by the Lieutenant Governor in Council pursuant to section 618(4) of the Act; (c) telecommunication antenna systems that are regulated by Industry Canada subject to Part 3, section 7, required Telecommunication Antenna Siting Protocols; T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 9 LAND USE BYLAW TOWN OF RAYMOND PART 1: ADMINISTRATIVE (d) the completion of a building which was lawfully under construction at the date this bylaw came into effect provided that the building is completed in accordance with the terms and conditions of any development permit granted; (e) the completion of a building that did not require a development permit under the previous land use bylaw and which was lawfully under construction provided the building is completed within 12 months from the date this bylaw came into effect. (4) The following developments shall not require a development permit, but must otherwise comply with all other provisions of this bylaw: (a) the maintenance or repair of any building provided that the work does not include structural alterations or additions (note, conversion of a structure to a carport requires a development permit); (b) the temporary placement or construction of works, plants or machinery (not including shipping containers) needed to construct a development for which a development permit has been issued for the period of those operations; (c) the maintenance or repair of public works, services and utilities on publicly owned or administered land carried out by or on behalf of federal, provincial, municipal or public authorities; (d) the first accessory structure placed on a lot which is 10 m2 (108 ft2) or less in area; (e) the erection, maintenance or alteration of a fence, gate, wall, hedge or other means of enclosure as follows; (i) in the General Residential - R-1, General Commercial - C-1 and Neighbourhood Commercial - NC-1 land use districts that does not exceed: a. 0.9 m (3 ft) in height above the ground in any front yard and secondary front yard; and b. 2 m (6.6 ft) in height above the ground in all other yards; (ii) in the Industrial - I-1 land use district that does not exceed: a. 0.9 m (3 ft) in height above the ground in any front yard and secondary front yard; and b. 2.4 m (8 ft) in height above the ground in all other yards; (iii) in the Urban Reserve - UR-1 land use district that does not exceed: a. 0.9 m (3 ft) in height above the ground in any front yard and secondary front yard with the exception of barbed wire fencing for agricultural purposes that does not exceed 1.2 m (4 ft) in height above the ground; and b. 2 m (6.6 ft) in height above the ground in all other yards, with the exception of barbed wire fencing for agricultural purposes which is not permitted to exceed 1.2 m (4 ft) in height above the ground; (f) minor landscaping that was not required as part of the original development permit; (g) exempted signs in Part 3, section 9(2) (Signs); (h) uncovered decks or patios less than 0.61 m (2 ft) above grade; (i) any satellite dish for personal use less than 1 m (3.3 ft) in diameter, excepting free- standing satellite dishes located in the front yard and secondary front yard; (j) temporary outdoor swimming pools and above ground hot tubs designed to be easily removed or disassembled at the end of the season of usage that are not attached to a deck; P a g e | 10 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 1: ADMINISTRATIVE TOWN OF RAYMOND LAND USE BYLAW (k) day homes (accredited day homes require a business license); (l) in the General Residential - R-1 land use district, any residential (single-detached, duplex or semi-detached use) hard surfaced or gravel driveways, parking pads not supporting a garage or carport, walkways, and/or paving stones or similar ground cover to a maximum of 25% of the lot surface area that was not required as part of the original development permit; (m) excavation, grading, stripping, or stockpile provided it is part of a development for which a development permit has been issued or is addressed in a signed Development Agreement with the Town of Raymond; (n) the placement of one shipping container for a maximum of 30 days, where the shipping container is required for emergency purposes related to fire damage, flood damage or a natural disaster that caused damage to the structure(s) of the lot; (o) satellite dishes less than 1 m (3.3 ft) in diameter; (p) interior renovations to a building that do not: (i) create another dwelling unit(s); (ii) involve structural alterations; (iii) increase parking requirements; or (iv) result in the change in use or intensity of use of land or a building(s). (5) If there is a question as to whether a development permit is required for a particular use, the matter shall be referred to the Municipal Planning Commission for a determination. 28. DEVELOPMENT PERMIT APPLICATION (1) Except as provided in Part 1, section 27 (Development Not Requiring a Development Permit) no person shall commence a development unless a development permit in respect of the proposed development has been issued. (2) An application for a development permit shall be made to the Development Officer by submitting: (a) a completed development permit application, signed by the registered owner or authorized by the owner pursuant to subsection (3); (b) the prescribed fee, in accordance with the Town's fee schedule; (c) a description of the existing and proposed use of the land, building(s) and/or structures and whether it is a new development, an alteration/addition, relocation or change of use and whether the use is temporary in nature; (d) a site plan acceptable to the Development Officer indicating: (i) the location of all existing and proposed buildings and structures and registered easements or rights-of-way, dimensioned to property lines and drawn to a satisfactory scale; (ii) existing and proposed parking and loading areas, driveways, abutting streets, avenues and lanes, and surface drainage patterns; (iii) where applicable, the location of existing wells, septic tanks, disposal fields, and existing and proposed culverts and crossings; (e) a professionally prepared drainage plan for development on a vacant lot; (f) any additional information as may be stipulated in the use-specific standards; (g) a snow removal/storage plan for development proposed on a vacant lot; T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 11 LAND USE BYLAW TOWN OF RAYMOND PART 1: ADMINISTRATIVE (h) for lots where architectural control guidelines are in place, documentation that the proposal meets the applicable architectural control guidelines; (i) any such other information as may be required by the Development Officer or Municipal Planning Commission to evaluate an application including but not limited to: conceptual design schemes, landscaping plans, building plans, storm water management plans/drainage plans, servicing and infrastructure plans, soil analysis, geotechnical reports and/or other reports regarding site suitability, Real Property Report or a surveyors sketch, elevations, traffic studies, and environmental impact assessment. (3) An application for a development permit must be made by the registered owner of the land on which the development is proposed. An application may be made by a person who is not the registered owner of the land only with written consent of the owner. The Development Officer may request a current title documenting ownership and copies of any registered encumbrance, lien or interest registered on title. 29. DETERMINATION OF COMPLETE DEVELOPMENT APPLICATION (1) The Development Officer shall, within 20 days after receipt of an application for a development permit submitted under Part 1, section 28(2) (Development Permit Application), determine whether the application is complete. (2) An application is complete if, in the opinion of the Development Officer, the application contains the documents and other information necessary to review the application and is of an acceptable quality. (3) The time period referred to in subsection (1) may be extended by an agreement in writing between the applicant and the Development Officer. (4) If the Development Officer does not make a determination referred to in subsection (1) within the time required under subsection (1) or (3), the application is deemed to be complete. (5) If the Development Officer determines that the application is complete, the Development Officer shall issue to the applicant a written Notice of Completeness acknowledging that the application is complete, delivered by hand, mail or electronic means. (6) If the Development Officer determines the application is incomplete, the Development Officer shall issue to the applicant a written notice indicating the application is incomplete and specifying the outstanding documents and information to be provided, including but not limited to those required in Part 1, section 28(2). A submittal deadline for the outstanding documents and information shall be set out in the notice for the application to be considered complete. A later date may be agreed on between the applicant and the Development Officer in writing to extend the submittal deadline. (7) If the Development Officer determines that the documents and information submitted under subsection (6) are complete, the Development Officer shall issue to the applicant a written Notice of Completeness acknowledging that the application is complete, delivered by hand, mail or electronic means. (8) If the required documents and information under subsection (6) have not been submitted to the Development Officer within the timeframe prescribed in the notice issued under subsection (6), the Development Officer shall return the application to the applicant accompanied by a written Notice of Refusal stating the application is deemed refused, the reason(s) for refusal, and the required information on filing an appeal. (9) Despite issuance of a Notice of Completeness under subsection (5) or (7), the Development Officer or Municipal Planning Commission, as applicable, in the course of reviewing the application may request additional information or documentation from the applicant that the Development Officer or Municipal Planning Commission considers necessary to review the application. P a g e | 12 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 1: ADMINISTRATIVE TOWN OF RAYMOND LAND USE BYLAW 30. PERMITTED USE APPLICATIONS (1) Upon receipt of a complete application for a development permit for a permitted use that conforms with this bylaw, the Development Officer: (a) shall approve a development permit with or without conditions; or (b) may refer the application to the Municipal Planning Commission for a decision. (2) Upon receipt of a complete application for a permitted use that requests a limited variance not to exceed 20% of one measurable standard of this bylaw, the Development Officer: (a) may, at the Development Officer's discretion, notify adjacent landowners and other persons likely to be affected in accordance with Part 1, section 36 (Notification of Adjacent Landowners and Persons Likely Affected); and (b) grant the limited variance not to exceed 20% of one measurable standard of this bylaw and approve a development permit with or without conditions if in the opinion of the Development Officer, the variance would not unduly interfere with the amenities of the neighbourhood or materially interfere with or affect the use, enjoyment or value of neighbouring parcels of land; or (c) refer the development application involving a request for a limited variance not to exceed 20% of one measurable standard of this bylaw to the Municipal Planning Commission for a decision; or (d) refuse to approve the development permit, stating reasons. (3) Upon receipt of a complete application for a permitted use that requests more than one limited variance, a variance(s) exceeding 20% of any measurable standard of this bylaw, or a variance of any other bylaw provision, the Development Officer shall refer the application to the Municipal Planning Commission for a decision pursuant to Part 1, section 35 (Applications Requesting Variance of Bylaw Provisions). (4) The Development Officer or the Municipal Planning Commission may place any or all of the following conditions on a development permit for a permitted use: (a) requirement for applicant to enter into a development agreement pursuant to Part 1, section 25 (Development Agreements); (b) payment of any applicable off-site levy or redevelopment levy; (c) geotechnical investigation to ensure that the site is suitable in terms of topography, soil characteristics, flooding subsidence, erosion and servicing; (d) alteration of a structure or building size or location to ensure any setback requirements of this land use bylaw or the Subdivision and Development Regulation can be met; (e) any measures to ensure compliance with the requirements and provisions of this land use bylaw or any other statutory plan adopted by the Town of Raymond; (f) easements and/or encroachment agreements; (g) provision of public utilities, lot servicing such as but not limited to electricity, gas, water, sewer and storm water, and vehicular and pedestrian access; (h) repairs or reinstatement of original condition of any street furniture, curbing, sidewalk, boulevard landscaping and tree planting which may be damaged or destroyed or otherwise altered by development or building operations upon the site, to the satisfaction of the Development Officer or the Municipal Planning Commission; (i) to give security to ensure the terms of the permit approval under this section are carried out; (j) time periods stipulating completion of development; T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 13 LAND USE BYLAW TOWN OF RAYMOND PART 1: ADMINISTRATIVE (k) requirement for a lot and/or construction stakeout conducted by an approved surveyor or agent; (l) any measures to ensure compliance with applicable federal, provincial and/or other municipal legislation and approvals such as the Safety Codes Act, and the requirements to submit documentation demonstrating compliance; (m) landscaping plan; (n) drainage plan; (o) final site grading; (p) snow storage/removal plan; (q) access requirements; (r) a surveyor's sketch, Real Property Report, or plan from an engineer illustrating improvements; (s) phasing of development; (t) time periods specifying the time during which a development permit is valid; (u) preparation of an environmental impact assessment; (v) the filing of pertinent professional reports and plans prior to commencement of construction; (w) posting of the municipal address. 31. DISCRETIONARY USE APPLICATIONS (1) Upon receipt of a complete application for a development permit for a discretionary use for which the Development Officer is authorized to decide upon (listed as Discretionary Uses - Development Officer in Part 4), and which complies with this bylaw, the Development Officer: (a) may, at the Development Officer's discretion, notify adjacent landowners and other persons likely to be affected in accordance with Part 1, section 36 (Notification of Adjacent Landowners and Persons Likely Affected); and (b) approve a development permit with or without conditions; or (c) refuse to approve a development permit, stating reasons; or (d) refer the application to the Municipal Planning Commission for a decision. (2) Upon receipt of a complete application for a development permit for a discretionary use for which the Development Officer is authorized to decide upon (listed as Discretionary Uses - Development Officer in Part 4), that requests a limited variance not to exceed 20% of one measurable standard of this bylaw, the Development Officer: (a) may, at the Development Officer's discretion, notify adjacent landowners and other persons likely to be affected in accordance with Part 1, section 36 (Notification of Adjacent Landowners and Persons Likely Affected); and (b) grant the limited variance not to exceed 20% of one measurable standard of this bylaw and approve a development permit with or without conditions if in the opinion of the Development Officer, the variance would not unduly interfere with the amenities of the neighbourhood or materially interfere with or affect the use, enjoyment or value of neighbouring parcels of land; or P a g e | 14 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 1: ADMINISTRATIVE TOWN OF RAYMOND LAND USE BYLAW (c) refer the development application involving a request for a limited variance not to exceed 20% of one measurable standard of this bylaw to the Municipal Planning Commission for a decision; or (d) refuse to approve a development permit, stating reasons. (3) Upon receipt of a complete application for a development permit for a discretionary use for which the Development Officer is authorized to decide upon that requests more than one limited variance, a variance(s) exceeding 10% of any measurable standard of this bylaw, or a variance of any other bylaw provision, the Development Officer shall refer the application to the Municipal Planning Commission for a decision pursuant to Part 1, section 35 (Applications Requesting Variance of Bylaw Provisions). (4) Upon receipt of a complete application for a development permit for a discretionary use for which the Municipal Planning Commission is authorized to decide upon (listed as Discretionary Uses - Municipal Planning Commission in Part 4), the Development Officer shall: (a) refer the application to the Municipal Planning Commission for a decision; and (b) notify adjacent landowners and other persons likely to be affected in accordance with Part 1, section 36 (Notification of Adjacent Landowners and Persons Likely Affected). (5) After consideration of any response to the notifications of adjacent landowners and other persons likely to be affected, including the County of Warner, government departments and referral agencies as applicable, compatibility and suitability of the proposed use, and any other matters, the Municipal Planning Commission may: (a) approve a development permit with or without conditions; or (b) refuse to approve a development permit, stating reasons. (6) The Development Officer or the Municipal Planning Commission, as applicable, may place any of the conditions stipulated in Part 1, section 30(4) (Permitted Use Applications) on a development permit for a discretionary use in any land use district, in addition to any other conditions necessary to ensure the quality, suitability and compatibility of a development with other existing and approved uses in the area or any other conditions necessary to fulfil a planning related objective. 32. DIRECT CONTROL DISTRICTS (1) Upon receipt of a complete application for a development permit in a Direct Control District, the Development Officer shall: (a) refer the application to Council for a decision, except where the decision making authority has been delegated to the Municipal Planning Commission or the Development Officer; and (b) notify adjacent landowners and other persons likely to be affected in accordance with Part 1, section 36 (Notification of Adjacent Landowners and Persons Likely Affected). (2) After considering any response to notifications issued under Part 1, section 36, and any other matters deemed necessary, Council or the delegated decision making authority may: (a) approve a development permit with or without conditions; or (b) refuse to approve a development permit, stating reasons. (3) In accordance with section 641(4)(a) of the Act, there is no appeal to the Subdivision and Development Appeal Board for a decision on an application for a development permit in a Direct Control District. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 15 LAND USE BYLAW TOWN OF RAYMOND PART 1: ADMINISTRATIVE 33. SIMILAR USE (1) Upon receipt of a complete application for a development permit for a use that is not specifically listed in any land use district, but which may be similar in character and purpose to another use that is listed as a permitted or discretionary use in the land use district in which such use is proposed, the Development Officer may classify the use as either similar to a permitted use or similar to a discretionary use. (2) Where a use has been classified similar to a permitted use, the Development Officer may process the application accordingly as a permitted use or refer the application to the Municipal Planning Commission for a decision. The notice of the decision shall be subject to Part 1, section 37. (3) Where a use has been classified similar to a discretionary use for which the Development Officer is authorized to issue a decision (Discretionary Uses - Development Officer in Part 4), the Development Officer may process the application accordingly as a Discretionary Use - Development Officer or refer the application to the Municipal Planning Commission for a decision. (4) Where a use has been classified similar to a discretionary use for which the Municipal Planning Commission is authorized to issue a decision (Discretionary uses - Municipal Planning Commission in Part 4), the Development Officer shall: (a) refer the application to the Municipal Planning Commission for a decision; and (b) notify adjacent landowners and other persons likely to be affected in accordance with Part 1, section 36 (Notification of Adjacent Landowners and Persons Likely Affected). (5) Upon referral of an application by the Development Officer for a use that may be similar in character and purpose to a permitted or discretionary use, the Municipal Planning Commission: (a) shall rule whether or not the proposed use is similar to a use in the land use district in which it is proposed; (b) if the proposed use is deemed similar to a use in the land use district in which it is proposed, the application shall be reviewed as a discretionary use application; (c) if the proposed use is not deemed similar to a use in the land use district in which it is proposed, the development permit shall be refused. 34. TEMPORARY USE (1) Where in the opinion of the Development Authority, a proposed use is of a temporary nature, it may approve a temporary development permit in accordance with the following: (a) the Development Officer may approve a temporary development permit valid for a period of up to one year for a permitted or discretionary use, provided the use is listed as a permitted use, discretionary use or use deemed similar to a permitted or discretionary use in the applicable land use district; (b) the Municipal Planning Commission may approve a temporary development permit valid for a period of up to three years for a use, provided the use is listed as a permitted use, discretionary use or deemed similar to a permitted or discretionary use in the applicable land use district. (2) Temporary use applications shall be subject to the following conditions: (a) the applicant or developer is liable for any costs involved in the cessation or removal of any development at the expiration of the permitted period; (b) the Development Officer or the Municipal Planning Commission may require the applicant to submit an automatically renewable irrevocable letter of credit or other P a g e | 16 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 1: ADMINISTRATIVE TOWN OF RAYMOND LAND USE BYLAW acceptable form of security guaranteeing the cessation or removal of the temporary use; and (c) any other conditions as deemed necessary. (3) A use deemed temporary in nature shall be processed in accordance with the corresponding sections 30-33, Part 1 of this bylaw. Notification of adjacent landowners and other persons likely to be affected, including the County of Warner, government departments and referral agencies shall be in accordance with Part 1, section 36 of this bylaw. 35. APPLICATIONS REQUESTING VARIANCE OF BYLAW PROVISIONS (1) Upon receipt of a complete application for a development permit that does not comply with this bylaw but in respect of which the Municipal Planning Commission is requested to exercise discretion under subsection (3), the Development Officer shall: (a) refer the application to the Municipal Planning Commission for a decision; and (b) notify adjacent landowners and other persons likely to be affected, in accordance with Part 1, section 36. (2) The Development Officer is authorized to exercise discretion under subsection (3) for a permitted use and/or a discretionary use - development officer where a limited variance to one applicable measurable standard not to exceed 20% is requested, in accordance with Part 1, sections 30(2) and 31(2). (3) The Municipal Planning Commission is authorized to decide upon an application for a development permit notwithstanding that the proposed development does not comply with this bylaw, if in the opinion of the Municipal Planning Commission, 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 the proposed development conforms with the use prescribed for that land or building under Part 4 (Land Use Districts). (4) In addition to the conditions authorized in Part 1, sections 30(4) and 31(6), as applicable, the Municipal Planning Commission may require as a condition of issuing a development permit for a use that does not comply with the requirements of this bylaw, conditions to conform to a higher standard than stipulated in the applicable standards, if in the opinion of the Municipal Planning Commission, conformance to a higher standard will off-set any impact of granting the variance(s). 36. NOTIFICATION OF ADJACENT LANDOWNERS AND PERSONS LIKELY AFFECTED (1) Where notification of adjacent landowners and other persons likely to be affected is required or undertaken under Part 1, sections 31 to 35, the Development Officer shall, at least seven days before the meeting of the Municipal Planning Commission or the decision of the Development Officer: (a) mail (postal service or electronic mail) or hand deliver written notice of the application to: (i) adjacent landowners and other persons likely to be affected by the issuance of a development permit; (ii) the County of Warner if in the opinion of the Development Officer or the Municipal Planning Commission, the proposed development could have an impact upon land T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 17 LAND USE BYLAW TOWN OF RAYMOND PART 1: ADMINISTRATIVE uses in the County or is adjacent to the County boundary or is required in accordance with an adopted Intermunicipal Development Plan; and (iii) any other persons, government departments or referral agency that is deemed to be affected; or (b) publish a notice of the application in a newspaper circulating in the municipality where the application is located; or (c) post a notice of the application in a conspicuous place on the property; or (d) any combination of the above. (2) In all cases, notification shall: (a) describe the nature and location of the proposed use or development; (b) state the date when the Development Authority will consider the application; (c) state the process for receipt of written or oral submission on the application. 37. NOTICE OF DECISION (1) A decision of the Development Authority on an application for a development permit must be issued: (a) in writing to the applicant in accordance with subsection (2); and (b) a copy of the decision posted in a prominent place in the town office for at least 21 days or posted in a newspaper circulated within the municipality or published on the official municipal website; and/or (c) a copy of the decision sent by mail (postal service or electronic mail) to those originally notified of the development permit application and any other person, government department or agency that may, in the opinion of the Development Officer, likely be affected. (2) The Development Officer will give or send by mail (postal service or electronic mail) a copy of the decision, which specifies the date on which the written decision was given, to the applicant on the same day the written decision is given. (3) For the purpose of subsection (2), the "date on which the written decision was given" means: (a) the date the Development Officer signed the notice of decision or development permit; or (b) the date the decision is posted in the newspaper, published on the official municipal website, or posted in a prominent place in the town office; whichever occurs later. 38. COMMENCEMENT OF DEVELOPMENT (1) Despite the issuance of a development permit, no development is authorized to commence within 21 days after the date on which the written decision was given under Part 1, section 37(2). (2) If an appeal is made, no development is authorized pending the outcome of the appeal. (3) Any development occurring within 21 days after the date on which the written decision was given under Part 1, section 37(2) is at the risk of the applicant. P a g e | 18 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 1: ADMINISTRATIVE TOWN OF RAYMOND LAND USE BYLAW 39. DEVELOPMENT PERMIT VALIDITY (1) Unless a development permit is suspended or cancelled, the development must be commenced and carried out with reasonable diligence in the opinion of the Development Officer or the Municipal Planning Commission within 12 months from the date of issuance of the permit, otherwise the permit is no longer valid. (2) Unless specified otherwise in a condition of the development permit, the development must be completed within 24 months from the date of issuance of the development permit otherwise the permit is no longer valid. (3) An application to extend the validity of a development permit may be made at any time prior to the expiration of the approved permit in accordance with subsection (4), except for a permit for a temporary use which shall not be extended. (4) Upon receipt of a request to extend the validity of a development permit, the validity of a development permit may be extended for up to a period of one year by: (a) the Development Officer or the Municipal Planning Commission if the permit was issued by the Development Officer; (b) the Municipal Planning Commission if the permit was issued by the Municipal Planning Commission or approved on appeal by the Subdivision and Development Appeal Board. (5) When any use has been discontinued for a period of 14 months or more, any development permit that may have been issued is no longer valid and said use may not be recommenced until a new application for a development permit has been made and a new development permit issued. This section does not apply to non-conforming uses which are regulated under section 643 of the Act and Part 1, section 22 of this bylaw. 40. TRANSFERABILITY OF DEVELOPMENT PERMIT A valid development permit is transferable where the use remains unchanged and the development is affected only by a change of ownership, tenancy, or occupancy. This provision does not apply to a home occupation permit, which is non-transferable. 41. OCCUPANCY PERMITS The Development Officer or the Municipal Planning Commission, or in a Direct Control District the Council, may require that the holder of a development permit obtain an occupancy permit before a building or use that was the subject of a development permit is occupied and/or the approved use initiated. 42. FAILURE TO MAKE A DECISION - DEEMED REFUSAL 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 Officer or the Municipal Planning Commission, as the case may be, is not made within 40 days of receipt of the complete application unless the applicant has entered into a written agreement with the Development Officer or the Municipal Planning Commission to extend the 40-day decision period. 43. REAPPLICATION FOR A DEVELOPMENT PERMIT (1) If an application for a development permit is refused by the Development Officer, the Municipal Planning Commission or, on appeal the Subdivision and Development Appeal Board, the submission of another application for a development permit on the same parcel T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 19 LAND USE BYLAW TOWN OF RAYMOND PART 1: ADMINISTRATIVE of land for the same or for a similar use of the land may not be accepted by the Development Officer for at least six months after the date of refusal. (2) If an application was refused solely because it did not comply with the standards of this bylaw or was refused as an incomplete application under Part 1, section 29(8), the Development Officer may accept another application on the same parcel of land for the same or similar use before the time period referred to in subsection (1) has lapsed, provided the application has been modified to comply with this bylaw. 44. SUSPENSION OR CANCELLATION OF A PERMIT (1) If, after a development permit has been issued, the Development Officer or the Municipal Planning Commission determines that: (a) the application contained a misrepresentation; (b) facts were not disclosed which should have been at the time of consideration of the application for the development permit; (c) the development permit was issued in error; or (d) the applicant withdrew the application by way of written notice; the Development Officer or the Municipal Planning Commission may suspend or cancel the development permit by notice in writing to the holder of it stating the reasons for any suspension or cancellation. (2) Upon receipt of the written notification of suspension or cancellation, the applicant must cease all development and activities to which the development permit relates. (3) A person whose development permit is suspended or cancelled under this section may appeal within 14 days of the date the notice of cancellation or suspension is received to the Subdivision and Development Appeal Board. (4) If a development permit is suspended or cancelled, the Subdivision and Development Appeal Board shall review the application if an appeal is filed by the applicant and either: (a) reinstate the development permit; or (b) cancel the development permit if the Development Officer or the Municipal Planning Commission would not have issued the development permit if the facts subsequently disclosed had been known during the consideration of the application; or (c) reinstate the development permit and may impose such other conditions as are considered necessary to ensure that this bylaw or any statutory plan is complied with. 45. DEVELOPMENT APPEALS (1) Any person applying for a development permit or any other person affected by an order, decision or development permit made or issued by the Development Officer or the Municipal Planning Commission may appeal such an order or decision to the Subdivision and Development Appeal Board in accordance with the procedures described in the Act. Refer to Appendix B. (2) An appeal to the Subdivision and Development Appeal Board shall be commenced by serving a written notice of the appeal with reasons to the Subdivision and Development Appeal Board and shall be accompanied by the applicable fee within 21 days after the date on which the written decision was given under Part 1, section 37(2). P a g e | 20 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 1: ADMINISTRATIVE TOWN OF RAYMOND LAND USE BYLAW ENFORCEMENT 46. NOTICE OF VIOLATION (1) Where the Development Officer or Municipal Planning Commission finds that a development or use of land or buildings is not in accordance with the Act, the Subdivision and Development Regulation, a development permit or subdivision approval, or this bylaw, the Development Officer, designate, or the municipal bylaw officer may issue a notice of violation to the registered owner or the person in possession of the land or buildings or to the person responsible for the contravention. (2) Such notice shall state the following: (a) nature of the violation; (b) corrective measures required to comply; and (c) time period within which such corrective measures must be performed. 47. STOP ORDERS (1) As set forth in the Act, the Development Authority is authorized to issue an Order under section 645 of the Act if a development, land use or use of a building is not in accordance with the Act, the Subdivision and Development Regulation, a development permit or subdivision approval, or this bylaw. Refer to Appendix B. (2) A person who receives notice pursuant to subsection (1) may appeal the order to the Subdivision and Development Appeal Board in accordance with the Act. Refer to Appendix B. (a) An appeal to the Subdivision and Development Appeal Board shall be commenced by serving a written notice of the appeal to the Subdivision and Development Appeal Board and shall be accompanied by the applicable fee. 48. ENFORCEMENT OF STOP ORDERS (1) Pursuant to section 646 of the Act, if a person fails or refuses to comply with an order directed to the person under section 645 or an order of a subdivision and development appeal board under section 687, a designated officer may, in accordance with section 542, enter on the land or building and take any action necessary to carry out the order. (2) The Town may register a caveat under the Land Titles Act in respect of an order referred to in subsection (1) against the certificate of title for the land that is the subject of an order. (3) If a caveat is registered under subsection (2), the Town must discharge the caveat when the order has been complied with. (4) If compliance with a stop order is not voluntarily effected, the Town may undertake legal action, including but not limited to, seeking injunctive relief from the Alberta Court of Queen's Bench pursuant to section 554 of the Act. In accordance with section 553 of the Act, the expenses and costs of carrying out an order under section 646 of the Act may be added to the tax roll of the parcel of land. 49. PENALTIES AND RIGHT OF ENTRY (1) Any person who contravenes any provision of this bylaw is guilty of an offence in accordance with Part 13, Division 5, Offences and Penalties of the Municipal Government Act and is liable to a fine of not more than $10,000 or to imprisonment for not more than one year or to both fine and imprisonment. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 21 LAND USE BYLAW TOWN OF RAYMOND PART 1: ADMINISTRATIVE (2) In accordance with section 542 of the Act, a designated officer may, after giving reasonable notice to and obtaining consent from the owner or occupier of land upon which this bylaw or Act authorizes anything to be inspected, remedied or enforced or done by a municipality: (a) enter on that land at a reasonable time and carry out inspection, enforcement, or action authorized or required by the enactment or bylaw; (b) request anything to be produced to assist in the inspection, remedy, enforcement or action; and (c) make copies of anything related to the inspection, remedy, enforcement or action. (3) If a person refuses to grant consent or refuses to produce anything to assist in the inspection, remedy, enforcement or action referred to in section 542 of the Act, the municipality under the authority of section 543 of the Act may obtain a court order. AMENDMENTS 50. AMENDMENTS TO THE LAND USE BYLAW (1) Any person or the Town may initiate amendments to the Town of Raymond Land Use Bylaw by making an application to the Development Officer. (2) All applications for amendment shall be submitted using the applicable form in Appendix C, and be accompanied by the applicable fee, and any additional information, as deemed necessary by the Development Officer to process the application. (3) The Development Officer may refuse to accept an application if, in his/her opinion, the information supplied is not sufficient to make a proper evaluation of the proposed amendment. (4) The Development Officer shall forward the application to Council for consideration if he/she is satisfied sufficient information has been provided with the application. (5) Public hearing and notification requirements shall be in accordance with section 692 of the Act. Additional notification may be undertaken at the discretion of the municipality. (6) Where an application for an amendment to the Town of Raymond Land Use Bylaw has been defeated by Council, another application that is the same or similar in nature shall not be accepted until at least six months after the date of refusal. 51. LAND USE REDESIGNATION APPLICATION REQUIREMENTS (1) A request for redesignation from one land use district to another shall be accompanied by: (a) a completed application form and the applicable fee; (b) a copy of the Certificate of Title for the lands, dated not more than 60 days prior to the date on which the application was made; (c) a narrative describing the: (i) proposed designation and future uses(s); (ii) consistency with the applicable statutory plans; (iii) compatibility of the proposal with surrounding uses and zoning; (iv) development potential/suitability of the site, including identification of any constraints and/or hazard areas (e.g. easements, soil conditions, topography, drainage, floodplain, steep slopes, etc.); P a g e | 22 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 1: ADMINISTRATIVE TOWN OF RAYMOND LAND USE BYLAW (v) availability of facilities and services (sewage disposal, domestic water, gas, electricity, fire and police protection, schools, etc.) to serve the subject property while maintaining adequate levels of service to existing development; (vi) any potential impacts on public roads; and (vii) any other information deemed necessary by the Development Officer or Council to properly evaluate the proposal. (d) conceptual subdivision design, if applicable; (e) a geotechnical report prepared by an engineer registered with The Association of Professional Engineers, Geologists, and Geophysicists of Alberta (APEGGA), addressing the following but not limited to: (i) slope stability, (ii) groundwater, (iii) sewage, (iv) shallow water table, and (v) flood plain analysis, if deemed necessary by the Development Officer, or Council; (f) an evaluation of surface drainage which may include adjacent properties if deemed necessary by the Development Officer, or Council; and (g) any other information deemed necessary by the Development Officer, or Council to properly evaluate the application. (2) An Area Structure Plan or Conceptual Design Scheme shall be required in conjunction with a redesignation application when: (a) redesignating land from Urban Reserve to another district; (b) redesignating annexed land to a district other than Urban Reserve, except where an approved Area Structure Plan or Conceptual Design Scheme defines land use designation(s) for the proposed development area, or unless determined otherwise by Council. (3) An Area Structure Plan or Conceptual Design Scheme may be required in conjunction with a redesignation application involving: (a) industrial development; (b) large-scale commercial development; (c) manufactured home park; (d) multi-lot residential development; (e) as required by Council; or (f) as specified in an adopted statutory plan. 52. REDESIGNATION CRITERIA (1) When redesignating land from one land use district to another, considerations may include: (a) compliance with applicable standards and provisions of the Town of Raymond Land Use Bylaw; (b) consistency with the Municipal Development Plan and any other adopted statutory plans; T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 23 LAND USE BYLAW TOWN OF RAYMOND PART 1: ADMINISTRATIVE (c) compatibility with adjacent uses; (d) development potential/suitability of the site; (e) availability of facilities and services (sewage disposal, domestic water, gas, electricity, police and fire protection, schools, etc.) to serve the subject property and any potential impacts to levels of service to existing and future developments; (f) cumulative impact to the town; (g) potential impacts on public roads; (h) setback distances contained in the Subdivision and Development Regulation; (i) supply of suitably designated land; (j) public comment and any applicable review agency comments; and (k) any other matters deemed pertinent. SUBDIVISION RULES AND PROCEDURES 53. SUBDIVISION APPLICATION (1) An applicant applying for subdivision shall provide the required fees, materials and information as requested by the Subdivision Authority or its designate. A complete application for subdivision shall consist of: (a) an application, in the manner and form prescribed, clearly and legibly completed with all the required information and signatures provided as requested on the form; (b) the applicable fees paid; (c) a copy of the current Certificate of Title for the land that is the subject of the application; (d) a tentative subdivision plan professionally prepared or an accurate and legible sketch drawn to scale that shows the location, dimensions and boundaries of the proposed subdivision and all other requirements prescribed in the subdivision application package. For a subdivision application where any buildings or structures are present on the land that is the subject of the subdivision, a sketch prepared by a professional surveyor or a Real Property Report is required unless determined to be unnecessary by the Subdivision Authority or its designate; and (e) any such other information as may be required at the discretion of the Subdivision Authority or its designate in order to accurately evaluate the application and determine compliance with this bylaw and any other municipal bylaws and plans, the Act, the Subdivision and Development Regulation, or other government regulations. This may include but is not limited to the provision of geotechnical information, soil analysis reports, water reports, slope stability analysis, drainage and storm water plans, contours and elevations of the land, engineering studies or reports, wetland reports, environmental impact assessments, utility and servicing information, and/or the preparation of an area structure plan or conceptual design scheme. 54. DETERMINATION OF COMPLETE SUBDIVISION APPLICATION (1) In accordance with the Act, the Subdivision Authority or its designate, shall provide notification to a subdivision applicant within the 20-day prescribed time period, on whether a submitted application is deemed complete, or if it is determined to be incomplete what P a g e | 24 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 1: ADMINISTRATIVE TOWN OF RAYMOND LAND USE BYLAW information is required to be submitted within a specified time period, by sending notification in the following manner: (a) For an application deemed complete, the applicant shall be notified in writing as part of the formal subdivision application circulation referral letter. (b) For an application determined to be incomplete, written notification shall be given to the applicant which may be in the form of a letter sent by regular mail to the applicant, or sent by electronic means, or both, or by any other method as may be agreed to between the applicant and Subdivision Authority or its designate. (c) In respect of subsection (b) for a subdivision application determined to be incomplete, the applicant will be advised in writing as part of the Notice of Incompleteness what the outstanding information and documents are that must be submitted by a date specified in the notice for the application to be deemed complete. (2) Notwithstanding subsection (1), the applicant and Subdivision Authority or its designate may agree and sign a time extension agreement in writing in accordance with section 653.1(3) of the Act to extend the 20-day time period to determine whether the subdivision application and support information submitted is complete. (3) If the applicant fails to submit all the outstanding information and documents on or before the date referred to in subsection 1(c) or a later date agreed on in writing between the applicant and the Subdivision Authority or its designate, the application is deemed to be refused. The Subdivision Authority or its designate will notify the applicant in writing that the application has been refused and state the reason for the refusal and include the required information on filing an appeal and to which appeal board the appeal lies, either the local appeal board or provincial Municipal Government Board, in accordance with the parameters of the Act. The notification may be sent by regular mail to the applicant, or sent by electronic means, or both. (4) A determination made by the Subdivision Authority or its designate that an application is complete for processing does not preclude the ability for the Subdivision Authority or its designate to request other information or studies or documentation to be submitted by the applicant during the review and processing period, prior to a decision being rendered, or as a condition of subdivision approval. 55. SUBDIVISION CRITERIA (1) Minimum dimensional standards for lots and all other criterion in this bylaw shall be as specified in the applicable land use district in Part 4. General development standards and use specific standards are as specified in Parts 2 and 3. (2) Subdivision of land within the Urban Reserve - UR-1 district shall not be permitted except as provided in accordance with an adopted Area Structure Plan or approved Conceptual Design Scheme. (3) Subdivision of land within the Manufactured Home Park - R-2 district shall not be permitted except in accordance with an approved Manufactured Home Park Conceptual Design or adopted Area Structure Plan. (4) Subdivision of land within the General Residential - R-1 district for a semi-detached dwelling will typically not be permitted unless a duplex has been constructed on the parcel that is subject of the subdivision. (5) For any subdivision within a block identified as having infill potential, as determined by the Municipal Planning Commission and consistent with the Municipal Development Plan policies, the following additional requirements shall apply: (a) All new lots must have frontage on a public roadway. Frontage on a laneway alone will not be permitted. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 25 LAND USE BYLAW TOWN OF RAYMOND PART 1: ADMINISTRATIVE (b) A 4.6 m (15 ft) wide right-of-way running the entire length of the subject lot(s) shall be dedicated at the time of subdivision for future road widening for any lots adjacent to a lane. (c) Subdivision of the rear portion of a lot within an infill block will only be permitted provided: (i) an infill development plan illustrating the proposed road network, utility plan, and lot configurations has been approved unless determined otherwise by the Municipal Planning Commission; (ii) adequate right-of-way has been obtained within the entire block or as approved in an infill development plan; and (iii) a local improvement district is designated to provide for the necessary infrastructure to serve the development, unless a developer chooses to enter into a development agreement for all necessary improvements within the block. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 LAND USE BYLAW TOWN OF RAYMOND PART 2: GENERAL DEVELOPMENT STANDARDS PART 2: GENERAL DEVELOPMENT STANDARDS T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 2: GENERAL DEVELOPMENT STANDARDS TOWN OF RAYMOND LAND USE BYLAW T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 27 PART 3 LAND USE BYLAW TOWN OF RAYMOND PART 2: GENERAL DEVELOPMENT STANDARDS PART 2: GENERAL DEVELOPMENT STANDARDS GENERAL DEVELOPMENT STANDARDS Except for more specific, alternative, or contradictory standards as may be set forth within an individual land use district, the following standards apply to all uses in all districts. 1. STATUTORY PLANS Where the policies, rules or procedures indicated in a statutory plan vary, supplement, reduce, replace or qualify the requirements of this bylaw for a particular district or districts, the policies, rules or procedures indicated in the statutory plan shall take precedence. 2. INFILL DEVELOPMENT The Development Authority may require an infill development plan illustrating the proposed road network, utility plan, and lot configurations prior to approving infill development within any block which has been determined by the Development Authority, to have redevelopment potential. The determination of blocks with redevelopment potential shall be consistent with the Municipal Development Plan policies. 3. DESIGN AND ORIENTATION OF BUILDINGS, STRUCTURES AND SIGNS (1) The design, character and appearance of buildings, structures or signs shall be consistent with the intent of the land use district in which the building is located and compatible with other buildings in the vicinity. (2) The Development Authority may regulate the exterior finish of buildings, structures or signs to improve the quality of any proposed development within any land use district. (3) The maximum allowable height above the average finished surface level of the surrounding ground of the exposed portion of a concrete or block foundation may be limited by the Development Authority. (4) Subject to the requirements of the Safety Codes, the Development Authority may require that buildings be physically accessible to disabled persons. (5) If a building is to be located on a lot with more than one street frontage or on a lot with potential for further subdivision, the Development Authority may regulate the orientation and location of the building as a condition of development approval. 4. DEMOLITION OR REMOVAL OF BUILDINGS OR STRUCTURES All building demolitions or removals shall comply with the following: (1) No person shall commence or cause to be commenced the demolition or removal of any building or structure, or portion thereof, until all necessary permits have been obtained. (2) A development permit must be obtained for the demolition or removal of any building or structure greater than 11 m2 (120 ft2) in size. P a g e | 28 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 2: GENERAL DEVELOPMENT STANDARDS TOWN OF RAYMOND LAND USE BYLAW (3) Whenever a development permit is issued for the demolition or removal of a building or structure, it shall be a condition of the permit that the lot shall be cleared, with all debris removed, and left in a graded condition upon completion of the demolition or removal to the satisfaction of the Development Authority. (4) When a development permit is to be approved for the demolition or removal of a building or structure, the Development Authority may require the applicant to provide a cash deposit, irrevocable letter of credit or other acceptable form of security in such amount as to cover the costs of reclamation to any public utility or town property. (5) Whenever a demolition or removal of a building or structure is carried out, the property owner shall, at his own expense, protect any wall, structure, sidewalk or roadway liable to be affected by such demolition or removal, including those on neighbouring properties, from damage or displacement. Further, the property owner shall ensure that adequate measures are taken by way of fencing and screening to ensure public safety. (6) The applicant shall be responsible for obtaining all necessary Safety Codes approvals and utility service disconnections before demolition or removal of buildings or structures. 5. GRADING AND STORMWATER MANAGEMENT (1) The Development Authority may require as a condition of development approval: (a) engineered grading and drainage plans for the development and legal survey demonstrating that engineered grades have been met; (b) grading and other measures, as appropriate, to control surface drainage, reduce or eliminate grade difference between adjacent lots, and minimize erosion or slope instability; (c) the final grades of the development must be approved by the Development Officer before the issuance of a building permit; (i) the applicant is responsible for ensuring adherence to final grades; (d) the construction of a retaining wall whenever, in the opinion of the Development Authority, significant differences in grade exist or will exist between the lot being developed and any adjacent lot or roadway: (i) where a retaining wall is required, the applicant shall submit to the Development Officer plans identifying the design and specifications of development for review and approval by the accredited safety codes officer. (2) Roof and surface drainage shall be directed either to the public roadway fronting the property, or as approved by the Development Officer, to a rear or side property boundary or as approved in an engineered stormwater management plan. 6. CORNER LOT SIGHT TRIANGLE On a corner lot, no fence, wall, hedge, landscaping, sign or other material or structure that will obstruct vision between a height of 0.9 m (3 ft) and 3.0 m (10 ft) shall be erected, placed or maintained within the triangular area formed by an imaginary line starting at the point of intersection of property lines and extending 6.1 m (20 ft) from their 6.1m 6.1m T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 29 PART 3 LAND USE BYLAW TOWN OF RAYMOND PART 2: GENERAL DEVELOPMENT STANDARDS point of intersection, as shown on the following illustration. 7. ROAD FRONTAGE AND ACCESS (1) All newly created lots shall have frontage on a public roadway which enables direct physical and legal access onto that public road. Frontage on a laneway alone will not be permitted. The minimum frontage requirements shall be as defined by the minimum lot dimensions in the applicable land use district. (2) All new development shall have frontage on and direct physical and legal access to a maintained public roadway, except for: (a) development internal to a condominium plan containing private roadways; and (b) development internal to a manufactured home community, dwelling group, or multi-use development containing internal roadways as approved by the Development Authority. (3) Vehicular access to a corner lot shall generally be limited to locations along the minor residential street. (4) Every vehicular entrance and exit shall be located at least 6.1 m (20 ft) from the intersection of two streets, and a greater distance where reasonable and appropriate. (5) The Development Authority may require access to be located so that it can be shared with an adjoining lot or development. 8. LIGHTING (1) Where artificial outdoor lighting is provided to illuminate any parcel, building or site, the type, location and orientation of lighting shall: (a) avoid direct illumination of the neighbouring properties; (b) not adversely affect the use, enjoyment and privacy of any dwelling; and (c) not interfere with traffic safety on public roadways. (2) Outdoor lighting is to be mounted not more than 6.1 m (20 ft) above ground, excepting outdoor lighting for public uses and lighting approved in conjunction with a development permit. (3) Site lighting may be required as a condition of development and any such lighting shall be located, oriented and shielded so as not to adversely affect neighbouring properties or traffic safety on public roadways. 9. REFUSE COLLECTION AND STORAGE (1) In all land use districts refuse and garbage shall be stored in suitable containers for the applicable use within a land use district. (2) In non-residential land use districts, refuse and garbage holding areas, including containers and compaction, shall be effectively screened from public view. The Development Authority may require screening of refuse and garbage holding areas as a condition of development approval. (3) In all non-residential land use districts, refuse and garbage holding areas, enclosures, and compaction areas are to be located a minimum of 7.6 m (25 ft) from an adjacent residential use. (4) All garbage holding areas, enclosures, and compaction areas shall be located and designed to ensure adequate on-site manoeuvring for refuse collection vehicles. P a g e | 30 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 2: GENERAL DEVELOPMENT STANDARDS TOWN OF RAYMOND LAND USE BYLAW (5) All refuse on any construction site shall be properly screened or placed in an approved enclosure until removed for disposal. 10. UTILITIES AND SERVICING (1) The erection of a building on any site may be prohibited where it would otherwise be permitted when, in the opinion of the Development Authority, satisfactory arrangements have not been made for the supply of water, gas, electric power, sewage, street access or other services or facilities necessary to serve the development. (2) Private outdoor use coal burning appliances/utilities or other similar utilities shall not be permitted within the Town of Raymond. (3) All development shall be required to connect to both the municipal water supply and sewerage system, except where in the opinion of the Development Authority, the development does not require water and sewer. (4) Private sewage disposal systems are not permitted. (5) In a block where infill development has been identified, as determined by the Development Authority consistent with the Municipal Development Plan policies, a coordinated approach to provision of infrastructure will be required. 11. DEVELOPMENT OF LANDS SUBJECT TO SUBSIDENCE OR FLOODING If in the opinion of the Development Authority, land upon which development is proposed is subject to subsidence or flooding, the Development Authority may require the applicant to submit a structural building plan prepared and sealed by a qualified professional engineer, and/or a slope stability analysis, and/or geotechnical report, and/or flood mapping prepared by a qualified professional engineer demonstrating that any potential hazards can be mitigated. 12. EASEMENTS It is the responsibility of the applicant/landowner to determine the location of registered easements and utility rights-of-way on the property that is the subject of development and ensure that development does not encroach upon the easement/utility rights-of-way and complies with any setbacks and other requirements as may be prescribed in associated agreements registered on title. 13. PERMITTED PROJECTIONS INTO SETBACKS (1) In no circumstances shall any part of any structure encroach or cause runoff on an adjoining property. (2) The following features may, subject to the relevant provisions of Safety Codes, project into the required setbacks under this bylaw: (a) unenclosed steps or unenclosed fire escapes; (b) a wheelchair ramp at the discretion of the Development Authority; (c) fences or walls to the property line in accordance with the applicable land use district and Part 2, section 6 (Corner Lot Sight Triangle); (d) driveways, curbs and sidewalks; (e) off-street parking in accordance with the applicable land use district and Part 2, section 6 (Corner Lot Sight Triangle); (f) cooling units not to exceed 0.9 m (3 ft); T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 31 PART 3 LAND USE BYLAW TOWN OF RAYMOND PART 2: GENERAL DEVELOPMENT STANDARDS (g) mailboxes; (h) landscaping, fish ponds, ornaments, flagpoles less than 4.6 m (15 ft) in height, or other similar landscaping features in accordance with Part 2, section 6 (Corner Lot Sight Triangle); (i) temporary swimming pools in accordance with the applicable land use district; and (j) signs, in accordance with Part 3, section 9 (Signs). (3) The portions of an attachment to a principal structure which may, subject to the relevant provisions of Safety Codes, project over a setback are as follows: (a) eaves, fireplaces, belt courses, bay windows, cornices, sills or other similar architectural features may project over a side setback as permitted under the relevant provisions of Safety Codes and over a front or rear setback a distance not to exceed 1.2 m (4 ft); (b) a deck, balcony, porch, veranda, cantilever, or other similar feature may project over a front, rear or side setback a distance not to exceed 1.2 m (4 ft). (4) In all cases, projections into any required setback must comply with the requirements of Safety Codes. 14. OFF-STREET PARKING AND LOADING REQUIREMENTS AND DESIGN STANDARDS (1) Applicability (a) The off-street parking and loading requirements and design standards apply to: (i) all new buildings and uses; and (ii) the expansion or enlargement of existing buildings or uses. (b) In the case of expansion or enlargement of an existing building or use, additional off- street parking spaces will be required to serve the expanded or enlarged area only, not the entire building or use. (2) Minimum Required Off-Street Parking (a) Table 1, Minimum Required Off-Street Parking, shall be used to calculate the minimum number of off-street parking spaces a use is required to provide. (b) Off-street parking requirements based on floor area are to be computed on the gross floor area (GFA) of the building. (c) Calculation of off-street parking requirements resulting in a fractional number of 0.5 or greater shall be rounded up and rounded down when resulting in a fractional number of 0.49 or less. (d) A multiple use development must provide parking in an amount equal to the number of spaces for all uses, except where a shared parking provision is approved by the Development Authority. A shared parking provision based upon the proposed sharing of parking spaces between two or more uses must include a written agreement between the owners on record. Where such off-site parking is approved, a caveat shall be registered against the lot to guarantee the continuous use of the site for parking. (e) Where a use is not listed, minimum required off-street parking shall be provided as required by the Development Authority having regard to the listed use that is most similar to the proposed use. As an alternative, the Development Authority may require a parking study to be prepared by a qualified professional at the applicant's expense to determine the parking requirements for a use not listed in Table 1. P a g e | 32 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 2: GENERAL DEVELOPMENT STANDARDS TOWN OF RAYMOND LAND USE BYLAW (f) All required parking spaces shall be provided on the same lot as the building or use, except where the Development Authority may permit off-site parking spaces to be provided on a lot within 152.4 m (500 ft) of the building or use if, in the Development Authority's opinion, it is impractical to provide parking on the same lot as the building or use. Where such off-site parking is approved, a caveat shall be registered against the lot to guarantee the continuous use of the site for parking. Table 1 - Minimum Required Off-street Parking USE MINIMUM PARKING SPACES COMMERCIAL/INDUSTRIAL Accessory structures and uses As required by the Development Authority Amusement facility 1 space/27.9 m2 (300 ft2) of GFA Animal care facility minor 1 space /46.5 m2 (500 ft2) of GFA Animal care facility major 1 space /46.5 m2 (500 ft2) of GFA Auctioneering establishment 1 space /65 m2 (700 ft2) of GFA Autobody repair/paint shop 1 space /46.5 m2 (500 ft2) of GFA Automotive sales and/or service 1 space /46.5 m2 (500 ft2) of GFA Bulk fuel station (excluding area of storage facilities and tanks) 1 space /46.5 m2 (500 ft2) of GFA Business support service 1 space /46.5 m2 (500 ft2) of GFA Car wash 1 space per employee Construction supply and contractor 1 space /65 m2 (700 ft2) of GFA Convenience store 1 space /27.9 m2 (300 ft2) of GFA Drive-in/drive-through use 1 space /5.1 m2 (55 ft2) of seating area plus 1 space per employee Eating establishments 1 space per 4 seats plus employee parking Entertainment establishment 1 space /5.1 m2 (55 ft2) of patron use area plus 1 space per employee Equipment sales, rental and service 1 space /65 m2 (700 ft2) of GFA Farmers market 1 space /37.2 m2 (400 ft2) of GFA Financial institution 1 space /37.2 m2 (400 ft2) of GFA Funeral facility 1 space/5 seating spaces plus 1 space per employee Grain elevators/seed cleaning 1 space /65 m2 (700 ft2) of GFA Grocery store 1 space /37.2 m2 (400 ft2) of GFA Government service 1 space /46.5 m2 (500 ft2) of GFA Health service 1 space per staff member and 1 space per examination room Heavy industry 1 space /92.9 m2 (1000 ft2) of GFA Hotel/motel 1 space per guest room Household repair service 1 space /46.5 m2 (500 ft2) of GFA Intensive horticultural service 1 space /65 m2 (700 ft2) of GFA Kennel 1 space /46.5 m2 (500 ft2) of GFA Landscaping materials sales 1 space /65 m2 (700 ft2) of GFA Light industry/manufacturing 1 space /65 m2 (700 ft2) of GFA Mini storage As required by the Development Authority Office 1 space /46.5 m2 (500 ft2) of GFA Outdoor storage As required by the Development Authority Personal service 1 space /37.2 m2 (400 ft2) of GFA Recreation facility, public 1 space /27.9 m2 (300 ft2) of GFA Recreation facility, private 1 space /27.9 m2 (300 ft2) of GFA T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 33 PART 3 LAND USE BYLAW TOWN OF RAYMOND PART 2: GENERAL DEVELOPMENT STANDARDS Recycling facility 1 space /65 m2 (700 ft2) of GFA Research and development facility 1 space /92.9 m2 (1000 ft2) of GFA Retail store 1 space /37.2 m2 (400 ft2) of GFA Salvage or wreckage yard As required by the Development Authority Service station/gas bar 1 space /37.2 m2 (400 ft2) of GFA Shopping centre 1 space /23.2 m2 (250 ft2) of GFA Specialty manufacturing/cottage industry 1 space /46.5 m2 (500 ft2) of GFA Tourist information 1 space /46.5 m2 (500 ft2) of GFA Transportation/delivery service 1 space /46.5 m2 (500 ft2) of GFA Truck transportation/dispatch depot 1 space /65 m2 (700 ft2) of GFA Truck wash 1 space per employee Warehousing 1 space /65 m2 (700 ft2) of GFA Waste disposal facility As required by the Development Authority Wholesale trade 1 space /65 m2 (700 ft2) of GFA RESIDENTIAL Bed and breakfast 1 space per guest room Boarding home 1 space per sleeping unit Child care facility 1 pick-up/drop-off space per 10 children plus 1 space per employee Communal facility As required by the Development Authority Dwellings: - Accessory 1 space per dwelling unit - Apartment 1.5 spaces per dwelling unit plus 0.5 space per unit for visitor parking - Duplex 2 spaces per dwelling unit - Multi-unit 2 spaces per dwelling unit plus 0.5 space per unit for visitor parking - Semi-detached 2 spaces per dwelling unit - Single-detached, manufactured new 2 spaces per dwelling unit - Single-detached, manufactured used 2 spaces per dwelling unit - Single-detached, site built for park operator 2 spaces per dwelling unit - Single-detached, Prefabricated 2 spaces per dwelling unit - Single-detached, site built 2 spaces per dwelling unit Dwelling group 1.5 spaces per dwelling unit Home occupation 1 N/A Home occupation 2 1 additional space Manufactured home community -visitor parking As required by the Development Authority Senior citizen housing 1 space per 2.5 dwelling units PUBLIC Cemetery As required by the Development Authority Clubs and organizations 1 space /5.1 m2 (55 ft2) of patron use area plus 1 space per employee Community hall 1 space/5 seating spaces plus 1 space per employee Cultural facility 1 space/5 seating spaces plus 1 space per employee Dormitory As required by the Development Authority Educational facility 3 spaces per classroom Exhibition ground As required by the Development Authority Group care facility 1 space per employee P a g e | 34 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 2: GENERAL DEVELOPMENT STANDARDS TOWN OF RAYMOND LAND USE BYLAW Hospital 1 space per bed Parks and playgrounds As required by the Development Authority Religious assembly As required by the Development Authority (3) Barrier-free Parking (a) The minimum number of barrier-free parking spaces to be provided for use by persons with disabilities shall be a portion of the total number of off-street parking spaces required, in accordance with Table 2, Barrier-Free Parking Spaces. (b) Each barrier-free parking space for the disabled shall be: (i) designed as a 2.4 m (7.9 ft) wide parking stall adjacent to a 2.4 m (7.9 ft) wide access aisle where the access aisle is demarcated to indicate no parking; (ii) have a firm, slip-resistant and level surface; (iii) be clearly marked and identified in accordance with National Building Code - Alberta Edition; (iv) be located near to or adjoining a barrier-free path of travel leading to the nearest barrier-free entrance; and (v) be designed so that parked vehicles shall not obstruct access onto an elevated and level surface. (c) There must be a well-lit, distinguishable, barrier-free path of travel from the parking areas to the building entrance. (d) It is recommended that an additional number of spaces be considered when the purpose or use of the building facilities may cause an increase in the number of seniors or persons with disabilities who require accessible parking, such as, but not limited to, arenas, grocery stores, medical services and restaurants. Table 2 - Barrier-Free Parking Spaces Number of parking spaces required for a use Number of barrier-free spaces required for use by persons with disabilities 2-10 11-25 26-50 51-100 for each additional increment of 100 or part thereof 1 2 3 4 one additional stall (4) Loading Space Requirements (a) One loading space shall be provided for each loading door. (b) The minimum dimensions for a loading space shall be 3.1 m (10 ft) by 9.1 m (30 ft) with an overhead clearance of 4 m (13 ft). (c) Each loading area shall provide a doorway into the building sufficient to meet the needs of the use within the building. (d) Each loading area shall be designed in such a manner that it will not interfere with convenient and safe pedestrian movement, traffic flow or parking. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 35 PART 3 LAND USE BYLAW TOWN OF RAYMOND PART 2: GENERAL DEVELOPMENT STANDARDS (e) The Development Authority may require additional loading areas or doors if, in the Development Authority's opinion, such additional areas or doors are deemed necessary. (f) The Development Authority may consider a joint loading area for two or more uses if, in the Development Authority's opinion, such a loading area would facilitate orderly development or relieve congestion in the immediate area. (5) Stacking Spaces for Drive-through Uses (a) In addition to the off-street parking requirements, a drive-through use is required to provide the following minimum stacking spaces: (i) Restaurant use: 30.5 m (100 ft) from order box to pick-up window (ii) Gas station: 9.1 m (30 ft) from each end on pump island (iii) Bank machine: 22.9 m (75 ft) from bank machine window (iv) Car wash: 15.2 m (50 ft) from car wash entrance (v) Other: As determined by the Development Authority (b) The minimum stacking space requirements in subsection (a) may be varied by the Development Authority depending upon the intensity of the proposed development. (6) Off-street Parking Design Standards (a) Off-street parking areas shall be accessible and designed in a manner which will provide for orderly parking in accordance with the minimum parking space dimensions in Table 3, Minimum Parking Space Dimensions. (b) Parking space designs proposing tandem or stacked parking to a maximum of two vehicles per stall may be approved by the Development Authority provided the spaces are for employee parking only. (c) The stall width and depth requirements for an off-street parking space may be reduced by the Development Authority where spaces are designed to accommodate compact vehicle parking. (d) Where a use or development may need to accommodate over-sized vehicles such as tractor-trailers, large recreational vehicles, buses or other similar vehicles, the Development Authority may require larger parking space and aisle dimensions. (e) Off-street parking areas shall be constructed in a manner which will permit adequate drainage, snow removal, and maintenance. (f) Off-street parking spaces adjacent to a road right-of-way shall be provided with bumper blocks, curbing or other similar protective feature to ensure public safety and prevent vehicle overhang. (g) The Development Authority may require that off-street parking areas or portions thereof be paved as a condition of approval. P a g e | 36 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 2: GENERAL DEVELOPMENT STANDARDS TOWN OF RAYMOND LAND USE BYLAW Table 3 - Minimum Parking Space Dimensions A: Parking Angle B: Stall Width C: Stall Depth D: Aisle Width Degrees Metres Feet Metres Feet Metres Feet 0 2.4 8.0 6.7 22 3.7 12 30 2.7 9.0 5.5 18 3.5 11 45 2.6 8.5 6.1 20 3.9 13 60 2.6 8.5 6.4 21 5.5 18 90 2.9 9.5 5.6 18.5 7.3 24 Figure 1: Minimum Parking Space Dimensions (7) Driveway Standards (a) Driveway standards in the R-2, C-1, NC-1, I-1, POS-1, PI-1, and UR-1 districts shall be as follows: (i) The maximum number of driveways shall be as regulated by the Development Authority. (ii) Vehicular access for corner lots will generally be limited to locations along the minor street unless site specific conditions require otherwise. (iii) Driveway standards are as follows: Minimum driveway width: 3.0 m (10 ft) Maximum driveway width: 7.3 m (24 ft) Setback from lane: 3.0 m (10 ft) Setback from intersection of public roadways: 6.1 m (20 ft) (iv) Driveways and maneuvering aisles serving as fire lanes shall be at least 6.1 m (20 ft) wide. (v) The Development Authority may require that driveways be paved as a condition of the approval. B D A A: Parking Angle B: Width Of Stall C: Depth Of Stall D: Width Of Aisle C T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 LAND USE BYLAW TOWN OF RAYMOND PART 3: USE SPECIFIC STANDARDS PART 3: USE SPECIFIC STANDARDS T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 3: USE SPECIFIC STANDARDS TOWN OF RAYMOND LAND USE BYLAW T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 37 LAND USE BYLAW TOWN OF RAYMOND PART 3: USE SPECIFIC STANDARDS PART 3: USE SPECIFIC STANDARDS USE SPECIFIC STANDARDS The standards in this Part establish additional requirements for specific uses or structures. The General Development Standards in Part 2 and the requirements of the applicable land use district also apply unless otherwise stated. 1. ACCESSORY STRUCTURES AND USES (1) No accessory structure or use shall be allowed on a lot without an approved principal structure or use. (2) Accessory structures and uses that are not specifically included within a development permit require a separate development permit application. (3) No accessory structure shall be allowed if it is intended to be used, or is capable of being used, for the keeping of animals, including livestock, that would exceed the maximums prescribed in the municipality's current animal regulation bylaw. 2. PRIVATE SWIMMING POOLS (1) Private swimming pools shall be classified as an accessory structure. (2) Any private swimming pool with a design depth greater than 0.6 m (2 ft) shall be constructed and fenced in accordance with Safety Codes requirements. (3) Temporary above ground swimming pools and above ground hot tubs do not require a development permit, but are subject to Safety Codes and may require a building permit. (4) Construction of an in-ground swimming pool and swimming pools that are attached to a deck require a development permit and are subject to the following additional standards: (a) placement of a swimming pool shall be limited to the side and rear yard only; (b) swimming pools are subject to the setback requirements for accessory structures in the applicable land use district; (c) swimming pools are subject to the maximum lot coverage requirements for accessory structures in the applicable land use district. 3. SATELLITE DISHES AND RADIO OR TELEVISION ANTENNA (1) Satellite dishes shall be classified as an accessory structure (Discretionary Uses - Development Officer). (2) Satellite dishes shall not be illuminated or contain advertising other than the manufacturer's trademark or logo as approved by the Development Authority. (3) Freestanding satellite dishes shall be located in the rear yard or side yard, except where permitted otherwise through a development permit approval. Approval of a freestanding satellite dish in a front yard or secondary front yard may be subject to screening requirements. P a g e | 38 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 3: USE SPECIFIC STANDARDS TOWN OF RAYMOND LAND USE BYLAW (4) Satellite dishes greater than 1 m (3 ft) in diameter shall not be mounted or attached to the roof of any dwelling or accessory structure located in the General Residential district, Manufactured Home Park district, or the Urban Reserve district. (5) The Development Authority may approve the installation of a satellite dish on the roof of any building or portion thereof in the General Commercial district, Neighbourhood Commercial district, Industrial district, Parks and Open Space district, or Public and Institutional district if, in its opinion, such an installation does not: (a) constitute a public safety hazard; (b) compromise the structural integrity of the building; (c) constitute an unreasonable visual obtrusion. (6) Radio and television antennas, which are not regulated by Industry Canada, are classified as an accessory structure (Discretionary Uses - Development Officer). 4. SHIPPING CONTAINERS (1) Shipping containers shall only be allowed in land use districts where listed as a Permitted or Discretionary Use within Part 4 (Land Use District Regulations). Shipping containers are prohibited in all other districts. (2) Any shipping container shall be subject to the following general standards: (a) An application for a development permit for a proposed shipping container must be completed and submitted to the Development Officer accompanied by the applicable application fee and a minimum of two recent colour photographs of each container (one end view and one side view). (b) There shall be a legal primary use on the property where the shipping container is proposed. (c) Shipping containers are permitted to be used for storage only and shall not be used as a building or a construction material. (d) The Development Authority may regulate the maximum number of shipping containers permitted on a lot. (e) The Development Authority may regulate the maximum height of shipping containers. (f) The Development Authority may require as a condition of approval that a shipping container(s) be screened from view or landscaped to make it aesthetically pleasing. (g) The Development Authority may require as a condition of approval that any shipping container be sandblasted and/or painted a neutral or complementary colour to match the existing building(s) on the property. (h) The Development Authority may require as a condition of approval that the exterior of the shipping container be kept clean and regularly painted in a neutral or complementary colour to match the existing building(s) on the property. (i) The Development Authority may regulate the time period for which a development permit for a shipping container(s) is valid through the issuance of a temporary permit. (j) Removal of the shipping container(s) at the expiration of the permit shall be at the expense of the applicant and/or landowner. The Development Authority may require as a condition of approval the posting of a bond or a security guaranteeing the removal of the container and/or compliance with the conditions of the permit. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 39 LAND USE BYLAW TOWN OF RAYMOND PART 3: USE SPECIFIC STANDARDS (3) A permanent shipping container is subject to the following additional provisions: (a) the maximum lot coverage and setback requirements for accessory structures in the applicable land use district; (b) the shipping container may only be permitted in the secondary front, rear, or side yard; (c) the shipping container shall not display advertising, company logos, names or other marketing without an approved sign permit. (4) A shipping container may be placed temporarily on a construction site for the period of construction, in any land use district where listed as a permitted or discretionary use with an approved development permit, subject to the following provisions: (a) temporary shipping containers are subject to the standards in subsection (2) above; (b) the shipping container is needed in connection with construction of a development for which a development permit has been issued; (c) the construction site is active (i.e., construction has commenced and is on-going or is about to commence within one week); placement of a shipping container on an inactive construction site is prohibited; (d) setbacks for a temporary shipping container shall be as required by the Development Authority; (e) the Development Authority has the authority to determine the maximum amount of time a shipping container is permitted on a lot; and (f) the shipping container shall be removed immediately upon completion of construction or sooner as may be required by the Development Authority. 5. SHOW HOMES (1) The construction of or use of a new, unoccupied dwelling unit for the purpose of a show home for the sale or marketing of other dwelling units by a builder or developer within a subdivision or development may be approved as a temporary use in all residential land use districts and the general commercial land use district. (2) A dwelling occupied as a residence shall not be used as a show home, sales office or as a facility to demonstrate a builder's construction quality or methods. (3) The show home shall not be open to the public for viewing until the road accessing the show home is developed to municipal standards. (4) There shall be a sign posted at the show home identifying it as such. (5) The advertised hours that the show home is open to the public shall not be earlier than 9:00 am or later than 9:00 pm. (6) Conditions of the permit do not limit the private showing by appointment of the show home at any time. 6. SOLAR COLLECTOR (1) A solar collector attached to a wall or roof of a building may be permitted in any land use district as an accessory structure subject to the following: P a g e | 40 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 3: USE SPECIFIC STANDARDS TOWN OF RAYMOND LAND USE BYLAW (a) A solar collector mounted on a roof: (i) may project a maximum of 1.3 m (4 ft) from the surface of the roof and shall not exceed the maximum height requirements of the applicable land use district; and (ii) must not extend beyond the outermost edge of the roof. (b) A solar collector mounted to a wall: (i) must be located such that it does not create undue glare on neighbouring property or public roadways; (ii) must be located a minimum of 2.4 m (7.8 ft) above grade; (iii) may project a maximum of 1.5 m (5 ft) from the surface of the wall, when the wall faces the rear property line, subject to the setback requirements of the applicable land use district; and (iv) may project a maximum of 0.6 m (2 ft) from the surface of the wall when the wall faces the front, secondary front or side property line, subject to the setback requirements of the applicable land use district. (2) A free-standing solar collector or a solar collector mounted to any structure other than a roof or wall of a building shall be classified as an accessory use and processed subject to the applicable land use district and the following additional standards: (a) A free-standing solar collector or a solar collector mounted to any structure other than a roof or wall of a building: (i) must be located such that it does not create undue glare on neighbouring property or public roadways; and (ii) must not exceed 1.8 m (6 ft) in height above existing grade. 7. TELECOMMUNICATION ANTENNA SITING PROTOCOLS (1) Telecommunication, radio communication and broadcast antenna systems are regulated by Industry Canada. An applicant proposing to locate a telecommunication, radio communication or broadcast antenna system within the Town, which does not meet the exclusion criteria in Appendix A shall be subject to the following siting protocols: (a) Co-utilization (i) The applicant shall be requested to identify any other similar antenna systems within a radius of 500 m (1,640 ft) of the proposed location and to provide documentary evidence that co-utilization of the existing antenna systems is not a viable alternative to the proposed antenna. (b) Siting Options (i) The applicant shall be requested to identify siting options and any alternative locations considered. (c) Appearance (i) Antenna systems which are visible from residential areas are encouraged to employ innovative design measures to mitigate the visual impact of the antenna system. (d) Landscaping (i) The landscaping requirements of the land use district in which the development is proposed should be integrated into the site design, except where existing site vegetation is deemed comparable by the Municipal Planning Commission to the land use district requirements. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 41 LAND USE BYLAW TOWN OF RAYMOND PART 3: USE SPECIFIC STANDARDS (e) Lighting and Signage (i) Lighting in addition to that which is required by applicable federal agencies shall be avoided. Security lighting may be considered provided it meets the requirements of the applicable land use district. (ii) Only signage that is required by applicable federal agencies is permitted. No advertising signage shall be permitted. (f) Municipal Concurrence (i) The applicant shall be required to present the proposed development to the Municipal Planning Commission at a public meeting in accordance with subsection (1)(g) and submit the following plans at least two weeks before the scheduled meeting: a. site plan identifying the location of the proposed development, access, distance from property lines, easements, rights-of-way or any other development constraint on the property, proposed fencing or other security measures, and landscaping plan; and b. antenna height, type, design, material, appearance and lighting. (ii) Upon conclusion of the public consultation process, the Municipal Planning Commission will issue a response to the applicant in writing indicating either concurrence of the proposed development or specific concerns or comments relating to the antenna system. (g) Public Consultation (i) The applicant shall be required to hold a public meeting before the Municipal Planning Commission at the Town office or another location approved by the Town administration to explain all aspects of the proposed development, including but not limited to siting, technology and appearance of the structure. (ii) The Town will notify all land owners within a distance of 500 m (1640 ft) of the proposed structure at the expense of the applicant. Optionally, the Town may provide a mailing list to the applicant for the required 500 m (1640 ft) notification. 8. WIND ENERGY (1) Information Requirements An application for a development permit for a proposed small wind energy conversion system (SWECS) must be completed and submitted to the Development Officer accompanied by: (a) A site plan acceptable to the Development Officer indicating: (i) the exact location of the SWECS on the parcel and all buildings and structures, registered easements or right-of-way, and any overhead utilities, dimensioned to the property lines and drawn to a satisfactory scale; (ii) existing and proposed parking and loading areas, driveways, abutting streets, avenues and lanes, and surface drainage patterns. (b) Photographs and/or plans of the proposed SWECS showing the manufacturer's specification in subsection (c). (c) The manufacturer's specifications indicating: (i) rated output in kilowatts; (ii) safety features and noise characteristics; P a g e | 42 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 3: USE SPECIFIC STANDARDS TOWN OF RAYMOND LAND USE BYLAW (iii) turbine height; (iv) blade diameter and rotor clearance; (v) nature and function of over speed controls which are provided; and (vi) estimated lifespan. (d) Specifications on the foundation and/or anchor design, including the location and anchoring of any guy wires. (e) Engineered plans, prepared by a professional engineer, for SWECS that are mounted or attached to any building demonstrating that the building can support the SWECS. (f) Any security measures proposed to ensure public safety and security. (2) Referrals Prior to making a decision on a development permit application for a SWECS, the Municipal Planning Commission may require that the application be referred to the following agencies and departments: (a) Transport Canada; (b) Navigation Canada; (c) Alberta Transportation; (d) any other federal or provincial agencies or departments deemed necessary. (3) General Development Standards Any SWECS shall be subject to the following general standards: (a) The SWECS shall only be allowed in land use districts where listed as a Permitted or Discretionary Use within Part 4 (Land Use Districts). SWECS are prohibited in all other districts. (b) The SWECS shall be setback from all property lines a distance equal to the height of the system. (c) The blade clearance of any SWECS shall not be less than 4.6 m (15 ft) above grade. (d) Any climbing apparatus associated with the SWECS shall be a minimum of 4.6 m (15 ft) above grade. (e) Any guy wires associated with a SWECS shall be accommodated entirely within the parcel and must be clearly visible from grade to a height of 2 m (6.6 ft). (f) The sound produced by the SWECS under normal operating conditions, as measured at the property line shall not exceed 60 dBA or 6 dBA over the background noise, whichever is greater. (g) The SWECS shall not display advertising or other marketing except as required in subsection (i). (h) The SWECS shall not be artificially illuminated except as required by a federal or provincial agency or department. (i) The manufacturer's identification, technical, warning, and emergency contact information must be affixed no lower than 0.9 m (3 ft) from the base of the tower and not higher than 1.5 m (5 ft) from the base of the tower. (j) The Development Authority may regulate the maximum number of SWECS permitted on a lot. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 43 LAND USE BYLAW TOWN OF RAYMOND PART 3: USE SPECIFIC STANDARDS (k) The Development Authority may require as a condition of approval that any SWECS be finished in a non-reflective matte and in a colour which minimizes the obtrusive impact of the SWECS to the satisfaction of the Development Authority. (l) The Development Authority may require as a condition of approval that any SWECS be surrounded by a security fence with a lockable gate not less than 1.8 m (6 ft) in height. (m) Prior to the installation of a SWECS the applicant and/or landowner shall obtain: (i) all relevant federal and provincial permits and permissions; (ii) an electrical permit, and if applicable, a building permit; (iii) wire service provider approval for SWECS with a rated output of less than 10 kW that are proposed to be connected to the grid; (iv) Alberta Utilities Commission approval for SWECS with a rate output greater than 10 kW that are proposed to be connected to the grid. (n) All components of the SWECS, including any electrical components, shall comply with the Canadian National Standards and shall bear the appropriate certification marks. (o) The SWECS system must be installed by a certified electrical contractor prior to operation. (p) Where the SWECS has been inactive for more than six consecutive months the applicant and/or landowner is required to decommission and remove the system at their expense. If the SWECS is not decommissioned and removed after six months of inactivity, the Town may undertake enforcement action. (4) Decommissioning (a) Prior to removal of the SWECS the applicant and/or landowner shall submit documentation to the Development Officer demonstrating that the system has been disconnected from any electrical utilities. (b) All refuse associated with the decommissioning and dismantling of the SWECS shall be removed from the property and disposed of appropriately. (c) Upon removal of the SWECS the property shall be restored to its pre-construction condition to the satisfaction of the Development Officer. 9. SIGNS (1) No one shall erect, place, alter, or relocate a sign without having first obtained a development permit from the Development Authority, excepting signs that do not require a development permit in subsection (7). (2) An application for a permit to erect, place, alter or relocate a sign shall be made to the Development Officer and shall be accompanied by photographs and/or drawings, to an appropriate scale, showing: (a) the location of all existing and proposed sign(s); (b) the size, height, and other dimensions of the proposed sign(s), including any supporting structures; (c) the location of the property boundaries of the parcel upon which the proposed sign(s) is to be located; (d) the exact message content of the proposed sign face, the finish proposed for the sign(s) and type of illumination or animation, if any; and (e) if a sign is to be attached to a building, the details regarding the extent of the projection. P a g e | 44 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 3: USE SPECIFIC STANDARDS TOWN OF RAYMOND LAND USE BYLAW (3) The landowner or applicant shall be responsible for removal of the sign copy when the advertised use has been discontinued for a period of 14 months. The Development Authority may require the removal or alteration of any sign which in the opinion of the Development Authority is unsightly or is in such a state of disrepair as to constitute a hazard. (4) Prohibited signs include: (a) billboards other than those erected by any local, provincial or federal government; (b) signs which employ revolving, flashing or intermittent lights, or lights resembling emergency services, traffic signals, railway crossing signals, hazard warning devices or other similar lighting; (c) signs which contain the words "stop", "yield", "caution", "danger", "warning" or other similar words denoting traffic or safety control; (d) signs which emit amplified sounds or music or employ any motion picture projection or holography; (e) animated or electronic message board signs in any residential district, and in any non- residential district, animated or electronic message board signs that employ changeable copy, animation or pictorial scenes at an intensity and/or interval which creates a public hazard or nuisance; (f) signs located within the public right-of-way or on public property, except for canopy signs and temporary signs in accordance with this section and signs erected or approved by the Town, province or federal government; and (g) signs that are attached to or appearing on any vehicle or trailer which is parked on a public right of way or any other public lands for the primary purpose of displaying the sign for any period of time. (5) The following general standards shall be applied to all signs: (a) Quality, construction, aesthetic character and finish of a sign shall be to the satisfaction of the Development Authority. (b) The area around sign structures shall be kept clean and free of overgrown vegetation, and free from refuse material as a condition of any sign permit. (c) No sign shall be placed in a public road or laneway, either on the ground or mounted to another object, or sited in such a manner that, in the opinion of the Development Authority, causes confusion with or obstructs the vision of any information sign or traffic control sign, signal, light or other traffic device. (d) Any sign appearing on street furniture, such as benches or garbage containers, that are located on public land or public road right-of-way must obtain an agreement with Council and obtain a sign permit from the Development Officer. (e) No sign shall be located or placed in such a manner that, in the opinion of the Development Authority, will create a potential hazard, conflict with rights-of-way or easements, or conflict with the routing of any public utility. (f) The source of light from any illuminated sign shall be steady and suitably shielded to the satisfaction of the Development Authority. (g) Except as specified otherwise, a sign may be located within the required setback of the applicable land use district, provided it: (i) complies with all other requirements of the land use district; (ii) complies with the general standards in this section; (iii) complies with the corner lot sight triangle requirements in Part 2, section 6; and T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 45 LAND USE BYLAW TOWN OF RAYMOND PART 3: USE SPECIFIC STANDARDS (iv) is entirely contained within the property boundary, excepting canopy signs. (h) Except as provided in subsection (5)(i), not more than the following number of signs shall be permitted per lot: District Maximum - Single Frontage Maximum - Multiple Frontage C-1 2 3 I-1 2 3 NC-1 1 2 R-1 1 1 R-2 1 1 POS-1 As required by the Development Authority As required by the Development Authority PI-1 1 2 UR-1 As required by the Development Authority As required by the Development Authority DC-1 As required by Council As required by Council (i) The Development Authority, at their discretion, may approve signage in addition to that stipulated in subsection (5)(h) on a lot that contains multiple tenants or uses and which is located within the C-1, I-1, NC-1 or P1-1 districts. (j) In non-residential land use districts, where more than one sign is proposed for a use, the maximum sign area of all signs on a lot with a single frontage shall not exceed 13.9 m2 (150 ft2) or 18.6 m2 (200 ft2) on a lot with two or more frontages. Directional or informational signs up to a maximum of 0.2 m2 (2 ft2), portable signs, temporary signs and window signs are excluded from the maximum sign area calculation. (6) Sign type regulations are as follows: (a) Type 1: Canopy or Awning Signs (i) No part of a canopy or awning sign shall project more than 1.2 m (4 ft) over a public sidewalk or within 1 m (3.3 ft) of a curb adjoining a public roadway. (ii) A canopy or awning sign shall be mounted no less than 2.4 m (8 ft) above grade and shall not be supported by an "A" frame as shown on the following page. (iii) A canopy or awning sign shall not be clad with wood, metal, or solid fibre glass. (iv) Approval of any canopy or awning signage overhanging public land under the sign regulations is conditional upon the owners and/or occupiers of the premises upon which said sign is located entering into an encroachment and hold harmless agreement with the Town of Raymond. The agreement may be registered on title. P a g e | 46 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 3: USE SPECIFIC STANDARDS TOWN OF RAYMOND LAND USE BYLAW (b) Type 2: Fascia Signs (i) The combined total area of all fascia signs shall not exceed 15% of the exterior wall to which the sign is attached. (ii) A fascia sign shall not extend more than 3.3 m (1 ft) from the face of the building. (iii) Whenever there is a band of several fascia signs, they shall be of a consistent size and located near the same level as other similar signage on the premises and adjacent buildings. (c) Type 3: Freestanding Signs (i) No more than one freestanding sign per lot shall be permitted. (ii) Freestanding signs must not exceed 7.6 m (25 ft) in height. (iii) Freestanding signs shall be setback a minimum of 1.5 m (5 ft) from a property line. (iv) The total sign area for each face of a freestanding sign is not to exceed 4.6 m2 (50 ft2). (v) With the exception of directional and informational signage, any part of a freestanding sign that extends beyond a single support column shall be 2.7 m (9 ft.) above ground or sidewalk grade. Freestanding signs containing two or more support columns are not subject to this requirement. (vi) No temporary signs shall be suspended on or between support columns of any freestanding sign. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 47 LAND USE BYLAW TOWN OF RAYMOND PART 3: USE SPECIFIC STANDARDS (d) Type 4: Monument Signs (i) Monument signs in any residential district shall be limited to use as an identification sign for a multi-unit complex, manufactured home community, subdivision, or non- residential use. (ii) A monument sign in any residential district must not exceed 1.8 m (6 ft) in height and 1.5 m2 (16 ft2) in area and if supported by columns a minimum of two columns shall be required. (iii) Monument signs in non-residential districts must not exceed 1.2 m (4 ft) in height and 7.3 m2 (24 ft2) in area. (iv) In non-residential districts no more than one monument sign per frontage shall be permitted. (e) Type 5: Portable and Sidewalk Signs (i) Portable signs shall only be permitted as a temporary use. (ii) No more than one portable sign per frontage shall be allowed on a lot at one time. (iii) The display surface of a portable sign shall not exceed 3.7 m2 (40 ft2). (iv) The maximum height of a portable sign must not exceed 3.5 m (12 ft) above grade. (v) A development permit for a portable sign shall be valid for a period of time not to exceed 120 days. (vi) Upon expiry of a development permit for a portable sign, the sign shall be removed within five (5) days. (vii) Sidewalk signs shall be weighted or otherwise stabilized against wind and shall be located in a manner as to not hinder pedestrian traffic. (f) Type 6: Roof Signs (i) No more than one roof sign per building shall be permitted. (ii) The display surface of a roof sign shall not exceed 9.3 m2 (100 ft2). (iii) A roof sign shall not project more than 3.7 m (12 ft) above the highest point of the roof. (iv) Where the roof sign display surfaces are back-to-back in a common structure, it shall be construed to be a single sign. (v) Every roof sign shall be erected in such a manner that the support structure, guy wires, braces, and all other secondary supports are not visible, so that the roof sign appears to be an architectural component of the building, unless otherwise directed by the Development Authority. (vi) No roof sign shall extend beyond the ends or sides of the building. P a g e | 48 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 3: USE SPECIFIC STANDARDS TOWN OF RAYMOND LAND USE BYLAW (g) Type 7: Mural Signs (i) No more than one mural sign shall be allowed per building. (ii) The location, theme, construction materials and size associated with the mural shall be to the satisfaction of the Development Authority. (iii) The mural must be a painting or other decorative work (artistic rendering/scene) and no mural shall be created to solely display a commercial message or depiction. (iv) Display of text, including a business name or commercial message, within a mural shall not exceed 10% coverage of the wall surface area, up to a maximum coverage size of 9.3 m2 (100 ft2). (h) Type 8: Off-Premises Signs (i) No off-premises sign shall be roof mounted. (ii) Off-premises signs shall be setback a minimum of 1.5 m (5 ft) from a property line. (iii) The display surface of any off-premises signage visible from a roadway shall not exceed 2.3 m2 (25 ft2). (iv) Off-premises signs shall only identify businesses or services licensed to operate in the Town of Raymond, charitable organizations or service clubs, or public and institutional uses. (v) Off-premises signage shall comply with all other provisions of this Bylaw unless specifically exempted. (vi) A separation distance of 46.5 m (500 ft) shall be maintained between off-premises freestanding signs of any type. (i) Type 9: Window Signs (i) In any residential district, a maximum of one window sign per lot not to exceed 0.38 m2 (4 ft2) in area may be permitted. (ii) In all other districts, no more than 50% of the total area of all the windows in a building may be covered by a window sign. (7) Signs not requiring a permit: A development permit is not required for any of the following sign types, provided the sign otherwise complies with the bylaw and is suitably maintained to the satisfaction of the Development Authority:  a sign erected by any local, provincial or federal government or a hospital, public school or publicly funded and administered senior care facility;  signs approved in conjunction with a home occupation permit;  a temporary on-site sign associated with an approved construction project, provided such signs are removed within 14 days of the completion of construction;  political posters, provided all such signage is removed within 2 days after the completion of the relevant election or plebiscite;  a temporary real estate sign located on the subject property, not to exceed 0.9 m2 (10 ft2) provided all such signage is removed within 30 days after the sale or lease of the premises; T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 49 LAND USE BYLAW TOWN OF RAYMOND PART 3: USE SPECIFIC STANDARDS  garage sale signs, provided they are not located within a public right-of-way and the owner of the property upon which the sign is located has approved its placement and that the sign is removed immediately upon the conclusion of the sale. These signs shall not be displayed for more than 7 days;  on-premises residency, directional or information signage and incidental signs, 0.2 m2 (2 ft2) or less in display surface;  any traffic or directional signs and informational signage erected by the Town of Raymond or the Alberta Government or the Federal Government;  any community service bulletin board approved by the Town of Raymond and any notices posted on the bulletin board;  in non-residential land use districts, any window sign posted or printed on the interior of the premises provided that no more than 50% of the total area of windows in the building are covered;  in non-residential land use districts, a sidewalk sign erected during normal business hours to advertise sale of goods or special promotion;  names of buildings, dates of erection, monumental citations, commemorative tablets and other similar signage when carved into stone, concrete or similar material or made of metal, bronze, aluminium or other permanent type construction and made an integral part of the structure;  temporary decorations or displays clearly incidental, customary and commonly associated with holiday celebrations; and  the maintenance of a lawful sign that does not alter its location, height, dimensions, structural framework; or  change in copy of a lawful sign. 10. RETAIL CANNABIS STORE (1) A retail cannabis store shall not be approved if any portion of an exterior wall of the store is located within 300 m (984 ft) of: (a) the boundary of a parcel of land on which a provincial health care facility is located, including any associated grounds; (b) the boundary of a parcel of land containing a school (public or private), including any associated school grounds; or (c) the boundary of a parcel of land that is designated as school reserve (SR) or municipal and school reserve (MSR) under the Municipal Government Act. (2) A retail cannabis store shall not be approved if any portion of an exterior wall of the store islocated within 300 m (984 ft) of another retail cannabis store (measured to the exterior wall). (3) All parking and loading area requirements shall be provided in accordance with section 14, Off-Street Parking and Loading Requirements and Design Standards, Part 2 General Development Standards. The "Retail store" category in Table 1 - Minimum Required Off- street Parking, section 14, Part 2, shall be used to calculate off-street parking space requirements for a retail cannabis store. (4) The hours of operation for a retail cannabis store shall be limited to 10 a.m. to 9 p.m. daily. P a g e | 50 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 PART 3: USE SPECIFIC STANDARDS TOWN OF RAYMOND LAND USE BYLAW (5) All retail cannabis stores shall be subject to the condition that the applicant is responsible for obtaining all applicable approvals from the Alberta Gaming and Liquor Commission with a copy of such approvals submitted to the Town prior to operation of a retail cannabis store. (6) The applicant proposing a retail cannabis store shall submit the following additional information with the development permit application: (a) documentation demonstrating how the cannabis retail store complies with the Conditions Governing Cannabis Store Premises under the Alberta Gaming, Liquor and Cannabis Regulation; and (b) proposed exterior business signage and information demonstrating compliance with the Alberta Gaming and Liquor Commission store names. 11. CANNABIS PRODUCTION FACILITY (1) The owner or applicant must provide as a condition of development a copy of the current licence for all activities associated with the cannabis production facility as issued by Health Canada. (2) The owner or applicant must obtain any other approval, permit, authorization, consent or licence that may be required to ensure compliance with applicable federal, provincial and other municipal legislation. (3) A cannabis production facility shall not be approved within 300 m (984 ft) of a residential district, measured from the building containing the use to the nearest property line of a parcel designated residential, unless the Development Authority is satisfied that adequate measures and high operational standards will be undertaken and maintained to minimize nuisance, hazard or noxious effect on vicinity land uses. (4) The development must be undertaken in a manner such that all of the processes and functions are fully enclosed within a building, including waste materials. (5) The development must include equipment designed and intended to remove odours from the air where it is discharged from the building as part of the ventilation system. (6) All parking and loading area requirements shall be provided in accordance with section 14, Off-Street Parking and Loading Requirements and Design Standards, Part 2 General Development Standards. The "Research and development facility" category in Table 1 - Minimum Required Off-street Parking, section 14, Part 2, shall be used to calculate off- street parking space requirements for a retail cannabis store. (7) A public utility and waste management plan shall be submitted with the development permit application that describes: (a) estimated volume of monthly water usage; (b) incineration of waste products and airborne emissions, including smell; (c) the quantity and characteristics of liquid and waste material discharged by the facility; and (d) the method and location of collection and disposal of liquid and waste material. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS PART 4: LAND USE DISTRICTS T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 51 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS PART 4: LAND USE DISTRICTS LAND USE DISTRICTS 1. LAND USE DISTRICTS For the purposes of this bylaw, the land within the boundaries of the Town is classified into one or more of the Land Use Districts specified in this part and delineated on the attached map titled "Land Use Districts Map". 2. LAND USE DISTRICTS MAP (1) The Land Use Districts Map, as may be amended from time to time in accordance with this bylaw, is attached to and forms part of this bylaw. (2) The Land Use Districts Map shall among other things bear the following identification: (a) Town of Raymond Land Use Districts Map; (b) Land Use Bylaw number, as amended; and (c) adoption date. LAND USE DISTRICTS REGULATIONS 3. Part 4 establishes the regulations for the land use districts within the Town of Raymond: Land Use District Abbreviation General Residential R-1 Manufactured Home Park R-2 General Commercial C-1 Neighbourhood Commercial NC-1 Industrial I-1 Parks and Open Space POS-1 Public and Institutional PI-1 Urban Reserve UR-1 Direct Control DC-1 P a g e | 52 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 53 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS R-1 GENERAL RESIDENTIAL - R-1 1. INTENT To accommodate primarily single-detached residences while allowing for a variety of housing types and complementary development on a discretionary basis. 2. USES (1) Permitted Uses Accessory structure: 49 m2 (528 ft2) or less Dwelling: Single-detached site-built Home Occupation 1 (2) Discretionary Uses - Development Officer Accessory structure: greater than 49 m2 (528 ft2) Accessory use Shipping container, temporary Show homes (3) Prohibited Uses Dwelling, manufactured Dwelling, moved-in Travel Trailers, Motor Homes or other Recreational Vehicles used as dwellings Any use not listed as either a permitted or discretionary use or deemed a similar use in accordance with Part 1, section 33 (Similar Use) (4) Discretionary Uses - Municipal Planning Commission Bed and breakfast Boarding home Child care facility Clubs and organizations Communal facility Construction camp Dwelling: Accessory Apartment Duplex Multi-unit Semi-detached Single-detached, prefabricated Dwelling group Excavation Group care facility Home occupation 2 Natural area Parks and playgrounds Senior citizen housing Signs, type 4, 9 Stockpile Utilities 3. GENERAL DEVELOPMENT STANDARDS The General Development Standards contained in Part 2 are applicable, unless otherwise specified in the sections of this district. 4. MINIMUM LOT SIZE Use Width Length Area m ft m ft m ft Dwelling, single-detached (all types) 18.3 60 33.5 110 613.1 6600 Dwelling, duplex 20.1 66 33.5 110 674.5 7260 Dwelling, semi-detached (each unit) 10.1 33 33.5 110 338.4 3630 All other uses As required by the Development Authority P a g e | 54 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS R-1 5. MINIMUM SETBACK REQUIREMENTS - Principal Structure Use Front Secondary Front (Corner Lots) Side Rear m ft m ft m ft m ft Dwelling, single-detached (all types) 7.6 25 3.8 12.5 1.5 5 7.6 25 Dwelling, semi-detached 7.6 25 3.8 12.5 1.5 5 7.6 25 Dwelling, duplex 7.6 25 3.8 12.5 1.5 5 7.6 25 All other uses As required by the Development Authority (1) Permanent structures must be placed a minimum of 12.2 m (40 ft) from the property line adjacent to a lane in an infill block where road right-of-way has not been dedicated. This area shall be reserved for future road widening and front yard requirements when these blocks are resubdivided. (2) The Development Authority may determine which front yard will be deemed the secondary front depending on the orientation of existing dwellings within a block. (3) Development adjacent to highways is also subject to requirements of Alberta Transportation. (4) Structures that are attached to a principal structure are subject to the principal setbacks, excepting the permitted projections in Part 2, section 13. (5) Also refer to Part 2, sections 6 and 12 for corner lot sight triangle requirements and setbacks from easements. 6. MAXIMUM FRONT SETBACK REQUIREMENTS - Principal Structure Principal structures: 10.7 m (35 ft) 7. MINIMUM SETBACK REQUIREMENTS - Accessory Structure Use Front Secondary Front (Corner Lots) Side Rear m ft m ft m ft m ft Accessory structure Same as principal structure Same as principal structure 1.5 5 1.5 5 (1) The front setback and secondary front setback of an accessory structure shall not be less than the front setback, and as applicable, the secondary front setback of the approved principal structure. (2) Permanent structures must be placed a minimum of 12.2 m (40 ft) from the property line adjacent to a lane in an infill block where road right-of-way has not been dedicated. This area shall be reserved for future road widening and front yard requirements when these blocks are resubdivided. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 55 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS R-1 (3) Accessory structures shall be constructed such that eaves shall be no closer than 0.6 m (2 ft) from a side lot line or rear lot line and all drainage is conducted to the appropriate storm drain via the applicant's property. (4) Also refer to Part 2, sections 6 and 12 for corner lot sight triangle requirements and setbacks from easements. 8. MAXIMUM LOT COVERAGE Principal and accessory structures: 45% (combined total of principal and all accessory structures) Accessory structure: The combined total of all accessory structures not to exceed 83.6 m2 (900 ft2) All other uses: As required by the Development Authority 9. MINIMUM FLOOR AREA Dwelling, single-detached (all types): 83.6 m2 (900 ft2) Dwelling, semi-detached/duplex: 74.3 m2 (800 ft2), per dwelling unit All other uses: As required by the Development Authority 10. MINIMUM BUILDING WIDTH Dwelling, single-detached (all types): 7.3 m (24 ft)* Dwelling, semi-detached/duplex: 7.3 m (24 ft), per dwelling unit* All other uses: As required by the Development Authority* *Applicable to new development 11. MAXIMUM BUILDING HEIGHT Dwelling, single-detached (all types): 10.1 m (33 ft) Dwelling, semi-detached/duplex: 10.1 m (33 ft) Accessory structure: 6.1 m (20 ft) All other uses: As required by the Development Authority 12. PREFABRICATED DWELLING STANDARDS (1) Prefabricated dwellings shall be: (a) new factory built construction that has not been previously lived in, CSA certified, and built to the Alberta Building Code; or (b) in the case of ready-to-move dwellings, new construction that has not been previously lived in and built to the current Alberta Building Code. (2) Colour photographs illustrating the exterior of the dwelling and a set of professional building plans illustrating the exterior design, floor plan, elevations, and foundation type of the home must accompany any development permit for a prefabricated dwelling. (3) Prefabricated dwellings shall be placed on a conventional, permanent concrete foundation (either a basement foundation, slab-on-grade or crawl space). P a g e | 56 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS R-1 (4) The design, character and appearance of the home shall be consistent with the intent of the land use district. (5) The minimum roof pitch shall be at least 4/12. (6) The Development Authority may impose conditions regulating the exterior finish and roofline to ensure compatibility of housing types within the land use district. 13. LANDSCAPING AND SCREENING (1) The front yard and secondary front yard of a lot must be comprehensively landscaped, except those areas occupied by sidewalks or driveways, to the satisfaction of the Development Authority. (2) Landscaping shall consist of any or all of the following: (a) vegetation (e.g. trees, shrubs, lawn, flowers); (b) ground cover such as large feature rocks, bark chip, field stone, crushed rock, or other similar features (approval by the Development Officer is required if this type of landscaping exceeds 25% of the total landscaped area); (c) innovative landscaping features, as approved by the Development Officer. (3) No cottonwood tree of any specie or variety shall be planted in the municipality. (4) Parking lots shall be landscaped and/or screened as required by the Development Authority. (5) The Development Authority may impose additional landscaping or screening requirements on a development approval for a permitted or discretionary use to improve the quality or compatibility of the proposed development. 14. FENCING (1) No fence, wall, gate, hedge or other means of enclosure shall extend more than 0.9 m (3 ft) above the ground in any front yard or secondary front yard without an approved development permit. (2) Fences in the rear and side yards must not exceed 2 m (6.6 ft) in height without an approved development permit. (3) Fencing shall not be permitted to be constructed within any developed or undeveloped roadway or laneway right-of-way. Removal of such fencing will be at the property owner's expense. (4) Subdivision perimeter fencing is subject to the approval of the Municipal Planning Commission. (5) Where a permit is required for fencing, the Development Authority may regulate the material types and colours used for the fence. Regardless of fence height, barbed wire fencing is prohibited. (6) Refer also to Part 2, section 6, for corner lot sight triangle requirements. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 57 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS R-1 15. OFF-STREET PARKING AND DRIVEWAY REQUIREMENTS (1) Minimum off-street parking requirements are as follows: Use Dwelling: Accessory.................................... Single-detached (all types)............... Semi-detached.............................. Duplex ........................................ All other uses................................... Minimum No. of Off-Street Parking Spaces 1 per dwelling unit 2 per dwelling unit 2 per dwelling unit 2 per dwelling unit As required in Part 2, section 14, (Off-Street Parking and Loading Requirements and Design Standards) (2) The Development Authority may require any off-street parking space or driveway to be paved as a condition of approval. (3) Off-street parking spaces and driveways shall be constructed in a manner which will permit adequate drainage, snow removal and maintenance. (4) Vehicular access for corner lots will be limited to locations along the minor street unless site specific considerations require otherwise. (5) Only one driveway per lot is permitted for accessory, single-detached, semi-detached and duplex residential development. (6) The maximum number of driveways per lot for all other uses shall be as required by the Development Authority. (7) Driveway standards for residential uses are as follows: (a) Minimum driveway width: 3.0 m (10 ft) (b) Maximum driveway width: If lot width is 18.3 m (60 ft) or less: 7.3 m (24 ft) If lot width is greater than 18.3 m (60 ft): 9.1 m (30 ft) (c) Setback from lane: 3.0 m (10 ft) (d) Setback from intersection of public roadways: 6.1 m (20 ft) (8) Any residential (single-detached, duplex or semi-detached use) hard surfaced or gravel driveway, parking pad not supporting a garage or carport, walkway, and/or paving stones or similar impervious ground cover is limited to a maximum of 25% lot coverage unless approved otherwise by a development permit. For all other uses, the lot coverage for driveways, parking pads/lots walkways and other similar impervious surfaces is as required by the Development Authority. (9) Parking and loading standards for all other uses are as stipulated in Part 2, section 14, (Off-Street Parking and Loading Requirements and Design Standards). P a g e | 58 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS R-1 USE SPECIFIC STANDARDS 16. USE SPECIFIC STANDARDS (1) Intent The use specific standards in sections 16-23 of this district are intended to provide additional regulation in accordance with the following objectives: (a) to protect the residential character of residential areas and districts; (b) to ensure that more intensive residential uses and other non-residential uses that may be permitted within the district do not interfere with the amenities of adjacent residents and/or are incidental and subordinate to the principal residential use on the property. (2) District Requirements and General Development Standards Applicability The requirements of this district and the general development standards in Part 2 are applicable to the uses in sections 17-23 of this district. 17. BED AND BREAKFAST ACCOMMODATIONS (1) Bed and breakfast accommodations are subject to the following additional standards: (a) The bed and breakfast shall be operated by a full-time resident of the dwelling. (b) The use shall only be permitted within a single-detached, semi-detached or duplex dwelling unit. (c) The operation is limited to a maximum of five guest rooms and ten guests at any one time in addition to the full-time residents of the dwelling. (d) One off-street parking space is required for each guest room in addition to the off-street parking requirements for the dwelling. (e) A maximum of one non-resident employee is permitted. (f) The residential character of the dwelling shall be maintained and be consistent with the intent of the district. (g) Guest rooms shall not be permitted to contain cooking or kitchen facilities. (h) Meals may be provided to registered guests only. (i) The maximum length of accommodation for guests is limited to 14 consecutive days. (j) Signage may be permitted subject to the requirements in Part 3, section 9 (Signs). (k) The applicant shall be responsible for compliance with the Alberta Health Standards and Guidelines and the Alberta Building Code requirements for Bed and Breakfast accommodations. (l) The issuance of a development permit in no way exempts the applicant from obtaining a business license from the Town and any other Provincial approvals that may be required. 18. CHILDCARE FACILITIES (1) Childcare facilities are subject to the following additional standards: (a) No exterior alterations shall be undertaken to a dwelling or former dwelling which would be inconsistent with the residential character of the building or property. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 59 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS R-1 (b) A landscaping plan shall be submitted with the development permit application. The Development Authority may require that a landscaping plan be prepared by a professional. An irrigation plan may also be required. (c) A minimum of one off-street parking space per employee at the use at any given time must be provided. (d) A minimum of one off-street loading zone for every 10 children must be provided. The location of passenger loading zones for child care facilities may be specified as a condition of approval on the development permit. (e) A minimum 1.5 m (5 ft) wide landscaped buffer strip is required between the parking lot and an adjacent residential lot. The Development Authority, depending on the intensity of the development, may increase the minimum required width of the landscaped buffer strip. (f) Outdoor play areas shall be screened from adjacent properties to the satisfaction of the Development Authority. (g) The applicant shall be responsible for complying with the Child Care Licensing Act and obtaining all necessary approvals required from regulatory agencies. (h) The issuance of a development permit in no way exempts the applicant from obtaining a business license from the Town and any other Provincial approvals that may be required. 19. DWELLINGS (1) Accessory Dwelling Accessory dwellings are subject to the following additional standards: (a) Accessory dwellings shall only be permitted on lots with a developed single-detached or semi-detached dwelling. Accessory dwellings proposed on lots with apartment, duplex or multi-unit dwellings shall be classified as a dwelling group. (b) An accessory dwelling may be located within: (i) a principal dwelling; or (ii) an accessory structure. (c) No more than one accessory dwelling shall be permitted on any lot. (d) Either the principal dwelling or the accessory dwelling must be owner occupied. (e) One off-street parking space must be provided for the accessory dwelling in addition to the off-street parking requirements for the principal dwelling. (f) An accessory dwelling within an accessory structure must be located a minimum of 3 m (10 ft) from the principal dwelling, and meet the minimum setback requirements and construction standards of the Safety Codes. The front, side and rear setbacks for accessory structures shall apply to the accessory dwelling. (g) The maximum square footage of an accessory dwelling within an accessory structure is limited to 74.3 m2 (800 ft2). (h) Accessory dwellings shall be constructed on permanent foundations. (i) Accessory dwellings shall be integrated into the site by appropriate site grading, earthwork and landscaping and be harmonious with the character of the neighbourhood. (j) The principal dwelling and any accessory dwelling must share the existing driveway access to a public road. P a g e | 60 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS R-1 (k) The structure containing the accessory dwelling must reflect the design of the principal dwelling, incorporating similar features such as window and door detailing, exterior cladding materials and colours and roof lines. (l) In developing an accessory dwelling, the owner shall comply with all applicable requirements of the Safety Codes as amended from time to time, which may include, but is not limited to, fire wall separations, accesses and heating systems for each dwelling unit. (2) Apartment and Multi-unit dwellings Apartment and multi-unit dwellings are subject to the following additional standards: (a) Design of an apartment or multi-unit dwelling shall consider the height, building design and nature of surrounding residential development. (b) A landscaping plan shall be submitted with the development permit application. The Development Authority may require that a landscaping plan be prepared by a professional. An irrigation plan may also be required. (c) Apartment dwellings are required to provide a minimum of 10% of the lot area for common open space and on-site amenities such as playground equipment, barbeque areas, recreation areas or other similar features. The minimum open space requirement may be increased as required by the Development Authority dependent upon the density of the proposed development. (d) A minimum 1.5 m (5 ft) wide landscaped buffer strip is required between a parking lot and an adjacent residential lot. The Development Authority, depending on the intensity of the development, may increase the minimum required width of the landscaped buffer strip. (e) The Development Authority may regulate the maximum density of apartments and multi-unit dwellings within a block or subdivision based on the policies of the Municipal Development Plan and consideration of: (i) density of existing development within the block; (ii) adequacy and proximity of community facilities such as schools, shopping, recreational facilities and open space; (iii) adequacy of utilities to accommodate the proposed use; (iv) impacts on future land uses and the street system; (v) any other matters deemed pertinent by the Development Authority. 20. DWELLING GROUP (1) Dwelling groups are subject to the following additional standards: (a) Design of the dwelling group shall consider the height, building design and nature of surrounding residential development. (b) The arrangement of the structures in a dwelling group is subject to the approval of the Municipal Planning Commission and the requirements of the Alberta Building Code, as amended. (c) A landscaping plan shall be submitted with the development permit application. The Development Authority may require that a landscape plan be prepared by a professional. An irrigation plan may also be required. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 61 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS R-1 (d) A minimum of 10% of the lot area is to be provided for common open space and on- site amenities such as playground equipment, barbeque areas, recreation areas or other similar features. The minimum open space requirement may be increased as required by the Development Authority dependent upon the density of the proposed development. (e) A minimum 1.5 m (5 ft) wide landscaped buffer strip is required between the parking lot and an adjacent residential lot. The Development Authority, depending on the intensity of the development, may increase the minimum required width of the landscaped buffer strip. (f) The Development Authority may regulate the maximum density of apartments and multi-unit dwellings within a block or subdivision based on the policies of the Municipal Development Plan and consideration of: (i) density of existing development within the block; (ii) adequacy and proximity of community facilities such as schools, shopping, recreational facilities and open space; (iii) adequacy of utilities to accommodate the proposed use; (iv) impacts on future land uses and the street system; (v) any other matters deemed pertinent by the Development Authority. 21. GROUP CARE FACILITIES (1) Group care facilities are subject to the following additional standards: (a) A group care facility must be compatible with the character of the surrounding neighbourhood. (b) A landscaping plan shall be submitted with the development permit application. The Development Authority may require that a landscaping plan be prepared by a professional. An irrigation plan may also be required. (c) Minimum common open space requirements shall be as required by the Development Authority. (d) A minimum 1.5 m (5 ft) wide landscaped buffer strip is required between the parking lot and an adjacent residential lot. The Development Authority, depending on the intensity of the development, may increase the minimum required width of the landscaped buffer strip. (e) A landscaped buffer strip between a group care facility and an adjacent residential lot may be required at the discretion of the Development Authority. (f) The Development Authority may regulate the maximum density of group care facilities within a block or subdivision based on consideration of: (i) density of existing development within the block; (ii) adequacy and proximity of community facilities such as schools, shopping, recreational facilities and open space; (iii) adequacy of utilities to accommodate the proposed use; (iv) impacts on future land uses and the street system; (v) any other matters deemed pertinent by the Development Authority. (g) The applicant shall be responsible for complying with applicable provincial standards and obtaining all necessary approvals required from regulatory agencies. P a g e | 62 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS R-1 (h) The issuance of a development permit in no way exempts the applicant from obtaining a business license from the Town and any other Provincial approvals that may be required. 22. HOME OCCUPATIONS (1) Home occupations shall be classified by the Development Officer in accordance with the following: (a) Home Occupation 1 A small-scale, home occupation contained within the principal dwelling involving: (i) phone and office use only; (ii) no outdoor storage and/or display of goods; and (iii) no customer/client visits to the residence. (b) Home Occupation 2 All other home occupations shall be classified as a home occupation 2 and may involve: (i) the use of a principal structure, garage and/or accessory structure; (ii) limited outdoor storage provided that it is screened from view and/or display of goods within the residence, garage or accessory structure; (iii) limited volume of on-premises sales; (iv) a maximum of one non-resident employee; and (v) limited customer/client visits. (2) Home Occupations are subject to the following additional standards: (a) A home occupation shall be incidental and subordinate to the principal residential use of the dwelling and shall not change the external appearance or character of the dwelling. There shall be no business activities associated with the home occupation conducted on the lot outside the dwelling or accessory structure. (b) Allowances for home occupations are intended to foster small-scale business. Home occupations will be required to relocate to a suitable commercial or industrial district when they become incompatible with a residential area or become unsuitable as a home occupation. (c) A home occupation 2 shall not be permitted, if in the opinion of the Development Authority, the use would be more appropriately located within a commercial or industrial district. (d) The business operator shall be a full-time resident of the dwelling. (e) Unless otherwise approved by the Municipal Planning Commission, not more than one home occupation is permitted on a lot. (f) The use must not generate more vehicular or pedestrian traffic and vehicular parking than normal within the district. (g) No offensive noise, vibration, electrical interference, smoke, dust, odours, heat or glare shall be produced by the use. (h) No use shall cause an increase in the demand placed on any one or more utilities (water, sewer, garbage, etc.) such that the combined total consumption for a dwelling and its home occupation exceed the normal demand for residences in the area. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 63 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS R-1 (i) Home occupations shall not include any use that would, in the opinion of the Development Authority, materially interfere with or affect the use or enjoyment of neighbouring properties. (j) Signage advertising a home occupation 1 is limited to one sign located in the structure window up to a maximum of 0.4 m2 (4 ft2) in size and must be approved by the Development Authority. Signage for a home occupation 2 shall be as approved by the Development Authority. (k) The Development Authority may regulate the hours of operation, the number of customer visits, outdoor storage and screening and landscaping requirements for outdoor storage. (l) Any changes to an approved home occupation require the approval of the Development Authority. (m) All permits issued for home occupations shall be subject to the condition that the permit may be revoked at any time, if, in the opinion of the Development Authority, the use is or has become detrimental to the residential character or the amenities of the neighbourhood. (n) The development permit for the use shall be valid only for the period of time the property is occupied by the applicant for such approved use and is not transferable to another location or another person. (o) The issuance of a development permit in no way exempts the applicant from obtaining a business license from the Town and any other Provincial approvals that may be required. 23. OTHER Refer to Part 3, Use Specific Standards for the following uses: 1. ACCESSORY STRUCTURES AND USES 2. PRIVATE SWIMMING POOLS 3. SATELLITE DISHES AND RADIO OR TELEVISION ANTENNA 4. SHIPPING CONTAINERS 5. SHOW HOMES 6. SOLAR COLLECTOR 7. TELECOMMUNICATION ANTENNA SITING PROTOCOLS 9. SIGNS SUBDIVISION 24. SUBDIVISION CRITERIA Refer to Part 1, section 55. P a g e | 64 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS R-1 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 65 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS R-2 MANUFACTURED HOME PARK - R-2 1. INTENT To provide for development of Manufactured Home Parks in accordance with an approved Manufactured Home Park Comprehensive Plan. 2. USES (1) Permitted Uses None (2) Discretionary Uses - Development Officer Accessory structure Accessory use Dwelling: Single-detached manufactured, new Single-detached manufactured, used Home occupation 1 Show homes Shipping container, temporary (3) Prohibited Uses Travel Trailers, Motor Homes or other Recreational Vehicles used as dwellings Any use not listed as either a permitted or discretionary use or deemed a similar use in accordance with Part 1, section 33 (Similar Use) (4) Discretionary Uses - Municipal Planning Commission Clubs and organizations Communal facility Construction camp Dwelling: Single-detached site built for park operator Excavation Home occupation 2 Manufactured home park Natural area Parks and playgrounds Signs, type 4, 9 Stockpile Utilities 3. DEVELOPMENT PROCEDURE (1) An approved Manufactured Home Park Comprehensive Plan is required prior to subdivision and/or development of land in this district. (2) The Manufactured Home Park Comprehensive Plan may be approved by resolution of Council in conjunction with a redesignation application or by resolution of the Municipal Planning Commission in conjunction with the issuance of a development permit for the Manufactured Home Park. (3) All subsequent development shall conform to the approved Manufactured Home Park Comprehensive Plan. (4) The approval of a Manufactured Home Park Comprehensive Plan does not exempt the developer from obtaining a development permit approval for the Manufactured Home Park. (5) Development of any use within the Manufactured Home Park, including the placement of dwellings on the internal manufactured home sites, requires the issuance of a development permit. P a g e | 66 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS R-2 4. ELIGIBLE MANUFACTURED HOMES (1) Eligible manufactured homes include: (a) new CSA approved factory built units; (b) used CSA approved factory built units in a good state of repair, as determined by the Development Officer, that have been deemed by a certified appraiser to have an estimated remaining life of not less than 15 years. (2) Any application for a development permit to locate a manufactured home shall include the following additional information: (a) new manufactured homes: (i) CSA certification, model and serial numbers. (b) used manufactured homes: (i) recent colour photographs showing the complete exterior of the structure; (ii) CSA certification, model and serial numbers; and (iii) the certified property appraiser's report documenting the estimated remaining life of the manufactured home. 5. GENERAL DEVELOPMENT STANDARDS The General Development Standards contained in Part 2 are applicable, unless otherwise specified in the sections of this district. 6. MINIMUM LOT SIZE 7. MINIMUM SETBACKS All uses: in accordance with an approved Manufactured Home Park Comprehensive Plan 8. MAXIMUM LOT COVERAGE All uses: in accordance with an approved Manufactured Home Park Comprehensive Plan 9. MINIMUM FLOOR AREA Single-wide manufactured home: 58.1 m2 (625 ft2) Double-wide manufactured home: 79.9 m2 (860 ft2) All other uses: As required by the Development Authority Use Area Minimum Maximum Hectares Acres Hectares Acres Manufactured home park 2 5 4 10 All uses As required by the Development Authority in accordance with an approved Manufactured Home Park Comprehensive Plan T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 67 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS R-2 10. MAXIMUM BUILDING HEIGHT Manufactured home: 6.1 m (20 ft) Accessory structures: 4.9 m (16 ft) All other uses: As required by the Development Authority 11. FOUNDATIONS All manufactured homes shall be placed on foundations constructed in accordance with the CSA standards and shall be skirted to the satisfaction of the Development Officer. 12. LANDSCAPING AND SCREENING Landscaping and screening shall be in accordance with an approved Manufactured Home Park Comprehensive plan. 13. FENCING (1) Any fencing on internal manufactured home sites shall be done only with the permission of the registered owner subject to the following requirements: (a) No fence, wall, gate, hedge or any combination thereof shall extend more than 0.9 m (3 ft) above the ground in any front yard area of an internal manufactured home site without an approved development permit. (b) Fences in the rear and side yards of an internal manufactured home site shall not exceed 2 m (6.6 ft) in height without an approved development permit. (2) Fencing shall not be permitted to be constructed within any developed or undeveloped roadway or laneway right-of-way. Removal of such fencing will be at the property owner's expense. (3) Where a permit is required for fencing, the Development Authority may regulate the material types and colours used for the fence. Regardless of fence height, barbed wire fencing is prohibited. (4) Perimeter fencing for the manufactured home community shall be as approved in the Manufactured Home Park Comprehensive Plan. (5) Refer also to Part 2, section 6, for corner lot sight triangle requirements. 14. MANUFACTURED HOME PARK COMPREHENSIVE PLAN REQUIREMENTS (1) A Manufactured Home Park Comprehensive Plan shall be developed in accordance with the General Development Standards in Part 2 and the requirements and design standards of this district. (2) Information and drawings submitted by the applicant shall include: (a) Site Plan identifying: (i) the Manufactured Home Park site area and its immediate surroundings; (ii) dimensions and minimum setbacks for the internal manufactured home sites and any other proposed uses; (iii) the internal street layout, pavement widths, parking stalls; (iv) the open space, walkways, and any recreational facilities; P a g e | 68 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS R-2 (v) any storage buildings, communal facilities, garbage enclosures; (vi) any other information deemed necessary by the Development Authority. (b) Utility Plan indicating: (i) the location of all utilities necessary for the provision of services to the area including water supply, sanitary sewer, storm sewer, electrical, natural gas, telephone, cable, lighting, and fire suppression; (ii) the sizing and specifications of all utilities is to be determined in consultation with the Town of Raymond Public Works Department and the respective utility companies or agencies. (c) Preliminary Stormwater Management Plan: (i) preliminary proposal for management of stormwater including direction of flows, estimated flows, location and size of any stormwater ponds, and any other information deemed necessary by the Development Authority. (d) Landscaping Plan identifying: (i) ground cover, tree types and other plantings for internal buffer strips, open space, park accesses, and any communal facilities, playground areas, etc.; (ii) irrigation plan for internal buffer strips, open space, park accesses, and any communal facilities, playground areas, etc. (e) Layout Plan for Internal Manufactured Home Site indicating: (i) typical arrangement of manufactured homes; (ii) mix of single-wide and double wide manufactured homes; (iii) parking areas for internal manufactured home sites; and (iv) minimum landscaping requirements for internal manufactured home sites. (f) Maximum number of dwelling units permitted within the park. (g) Maximum percent lot coverage for each use within the park. (h) Guidelines and standards that regulate the design and materials of dwellings, communal facilities, carports, patios, porches, foundations, fences and other attached or detached structures. (i) Any additional information as required by the Development Authority. 15. MANUFACTURED HOME PARK COMPREHENSIVE PLAN - DESIGN STANDARDS (1) Compatibility with Residential Uses The design of the Manufactured Home Park and subsequent placement of manufactured homes on the internal sites must be compatible with adjoining residential development. (2) Density The maximum number of manufactured home sites in the manufactured home park shall be as determined by the Development Authority. (3) Buffers and Open Space (a) Each manufactured home park shall provide a buffer on its perimeter of not less than 6.1 m (20 ft) in width. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 69 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS R-2 (b) A minimum of 10% of the total area of a manufactured home park shall be reserved for park space for residential use by residents of the community to the satisfaction of the Development Authority. This area does not include reserve dedications pursuant to the provisions of the Municipal Government Act. (c) The minimum 10% open space shall be suitable for active and passive recreation and is not to include the area required for the manufactured home park perimeter buffer unless designed to include walkways, benches, etc and is approved by the Development Authority. (4) Setbacks (a) A minimum setback of 7.6 m (25 ft) must be maintained between any structure and the boundary of a manufactured home park. (b) A minimum setback of 4.5 m (15 ft) must be maintained between any structure and the front of an internal manufactured home site. (c) A minimum setback of 1.5 m (5 ft) must be maintained between any structure and the side and rear of an internal manufactured home site. (d) Permanent structures must be placed a minimum of 12.2 m (40 ft) from the property line adjacent to a lane in an infill block where road right-of-way has not been dedicated. This area shall be reserved for future road widening and front yard requirements when these blocks are resubdivided. (e) Each internal manufactured home site shall provide a minimum 5.5 m (18 ft) side yard to accommodate outdoor living space, driveway, carport, porch or other similar features. (f) A minimum setback of 1.2 m (4 ft) must be maintained between any manufactured home and any accessory structure. (g) Also refer to Part 2, sections 6 and 12, for corner lot sight triangle requirements and setbacks from easements. (h) Development adjacent to highways is also subject to requirements of Alberta Transportation. (5) Servicing (a) All on-site servicing shall be constructed to the standards and requirements of the Town of Raymond, and any applicable utility companies. The developer shall be required to engage a qualified engineer to consult with the Town and utility companies to provide an acceptable design for all interior servicing including roads, drainage, grading, sewer, water, natural gas, telephone, lighting, electrical and fire protection. (b) Utility easements as may be required shall be provided within the site, and reasonable access to these easements shall be granted to the Town Public Works Department and utility companies for the installation and maintenance of services as required. (c) The design of the manufactured home park shall include an area or accessory structure for the use of park maintenance and storage uses to be constructed for the care and maintenance of the park. (6) Internal Roads and Parking (a) The internal road system within the manufactured home park shall be designed to be compatible with existing municipal streets and public utility systems. (b) Internal roads shall be privately owned and maintained and form part of the manufactured home park common area. P a g e | 70 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS R-2 (c) Dead end roads are discouraged; however, where design alternatives are not available, a minimum 16.5 m (54.1 ft) radius shall be provided for turn-around purposes. (d) A minimum right-of-way of 12.2 m (40 ft) is required for all internal roads. (e) All internal roads shall be paved. (f) Minimum off-street parking requirements: Use Dwellings: Single-detached, manufactured Single-detached, site built for park operator Visitor parking.............................. All other uses............................... No. of Spaces Required 2 per dwelling unit 2 per dwelling unit As required by the Development Authority As required in Part 2, section 15 (Off- Street Parking and Loading Requirements and Design Standards) (g) The Municipal Planning Commission may require any off-street parking area or driveway within the manufactured home park to be paved as a condition of approval. (h) Off-street parking areas and driveways shall be constructed in a manner which will permit adequate drainage, snow removal and maintenance. (7) Landscaping (a) The perimeter buffer of the manufactured home park shall be comprehensively landscaped except those areas occupied by sidewalks or driveways, to the satisfaction of the Development Authority. (b) Adequate screening must be provided around garbage containers and storage facilities to the satisfaction of the Development Authority. (c) Parking areas shall be landscaped and/or screened as required by the Development Authority. (d) Landscaping shall consist of any combination of the following: (i) vegetation (e.g. trees, shrubs, lawn, flowers); (ii) ground cover (e.g. large feature rocks, bark chip, field stone, crushed rock, or other similar features); (iii) buffering (e.g. berming, terracing); (iv) outdoor amenity feature (e.g. benches, walkways, raised planters, etc.); (v) innovative landscaping features, as approved by the Development Authority; (e) No cottonwood tree of any specie or variety shall be planted in the municipality. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 71 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS R-2 USE SPECIFIC STANDARDS 16. HOME OCCUPATIONS Refer to Part 4, General Residential Land Use District, section 22. 17. OTHER Refer to Part 3, Use Specific Standards for the following uses: 1. ACCESSORY STRUCTURES AND USES 2. PRIVATE SWIMMING POOLS 3. SATELLITE DISHES AND RADIO OR TELEVISION ANTENNA 4. SHIPPING CONTAINERS 5. SHOW HOMES 6. SOLAR COLLECTOR 7. TELECOMMUNICATION ANTENNA SITING PROTOCOLS 9. SIGNS SUBDIVISION 18. SUBDIVISION CRITERIA Refer to Part 1, section 55. P a g e | 72 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS R-2 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 73 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS C-1 GENERAL COMMERCIAL - C-1 1. INTENT To accommodate a variety of retail, service, and office uses, primarily within the central downtown core and areas where deemed compatible with adjacent land uses. 2. USES (1) Permitted Uses Accessory structure: 11 m2 (120 ft2) or less Business support service Convenience store Eating establishment Financial institution Health service Office Personal service Retail store Signs, type 1, 2, 9 (2) Discretionary Uses - Development Officer Accessory structure: greater than 11 m2 (120 ft2) Accessory use Child care facility Clubs and organizations Equipment sale, rental and service Farmers' market Dwelling unit as a secondary use Shipping container, temporary Show homes Tourist information (3) Prohibited Uses Bulk fuel stations Any use not listed as either a permitted or discretionary use or deemed a similar use in accordance with Part 1, section 33 (Similar Use). (4) Discretionary Uses - Municipal Planning Commission Amusement facility Animal grooming facility Automotive sales and/or service Car wash Construction camp Construction supply and contractor Drive-in/Drive-through restaurant Entertainment establishment Excavation Funeral facility Government service Grocery store Household repair service Hotel/motel Mini storage Parking lot Parks and playgrounds Recreation facility, private Recreation facility, public Recycling facility Service station/gas bar Senior citizen housing Shipping container, permanent Shopping centre Signs, type 3, 4, 5, 6, 7, 8 Specialty manufacturing/cottage industry Transportation/delivery service Utilities Veterinary clinic 1 Small wind energy conversion system (SWECS) Stockpile 3. GENERAL REQUIREMENTS The General Development Standards contained in Part 2 are applicable, unless otherwise specified in the sections of this district. P a g e | 74 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS C-1 4. MINIMUM LOT SIZE Use Width Length Area m ft m ft m ft Permitted Use - no rear lane 30.5 100 30.5 100 929 10000 Permitted Use - rear lane 15.2 50 30.5 100 464.5 5000 Discretionary Use As required by the Development Authority 5. MINIMUM SETBACK REQUIREMENTS - Principal Structure Use Front Secondary Front Side Rear m ft m ft m ft m ft Permitted Use - no rear lane 7.6 25 7.6 25 1.5 5 4.6 15 Permitted Use - rear lane 7.6 25 7.6 25 1.5 5 0 0 Discretionary Use As required by the Development Authority Downtown Overlay As per section 13 of this district (1) Permanent structures must be placed a minimum of 12.2 m (40 ft) from the property line adjacent to a lane in an infill block where road right-of-way has not been dedicated. This area shall be reserved for future road widening and front yard requirements when these blocks are resubdivided. (2) Where a future lane is identified in an area redevelopment plan, area structure plan, conceptual design scheme or other initiative formally adopted by Council, the principal structure must be set back a minimum of 12.2 m (40 ft) from the property line adjacent to the proposed lane. (3) The Development Authority may determine which front yard will be deemed the secondary front depending on the orientation of the existing development within a block. (4) Where a lot in this district is adjacent to a lot in a residential district, with or without a lane, the principal structure shall be located a minimum of 4.6 m (15 ft) from the lane or residential lot, whichever distance is greater. (5) Development adjacent to highways is also subject to requirements of Alberta Transportation. (6) Structures that are attached to a principal structure are subject to the principal setbacks, excepting the permitted projections in Part 2, section 13. (7) Also refer to Part 2, sections 6 and 12 for corner lot sight triangle requirements and setbacks from easements. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 75 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS C-1 6. MINIMUM SETBACK REQUIREMENTS - Accessory Structure Use Front Secondary Front (Corner Lots) Side Rear m ft m ft m ft m ft Accessory structure Same as principal structure Same as principal structure 1.5 5 1.5 5 (1) Permanent structures must be placed a minimum of 12.2 m (40 ft) from the property line adjacent to a lane in an infill block where road right-of-way has not been dedicated. This area shall be reserved for future road widening and front yard requirements when these blocks are resubdivided. (2) Accessory structures shall be constructed such that eaves shall be no closer than 0.6 m (2 ft) from a side lot line or rear lot line and all drainage is conducted to the appropriate storm drain via the applicant's property. (3) Also refer to Part 2, sections 6 and 12 for corner lot sight triangle requirements and setbacks from easements. 7. MAXIMUM LOT COVERAGE Principal structure and accessory structures - all uses: 55% Downtown Overlay: As per section 13 of this district 8. MAXIMUM BUILDING HEIGHT Principal structure: 10.7 m (35 ft) and a maximum of three storeys Accessory structure: 6.1 m (20 ft) (1) The roofline of the principal structure shall be compatible with the surrounding structures to the satisfaction of the Development Authority. (2) Roof mounted mechanical units may exceed the maximum building height provided they are concealed by screening in a manner compatible with the architectural character of the building or concealed by the building roof. 9. LANDSCAPING AND SCREENING (1) A landscaping plan shall be submitted with the development permit application for any principal use. The Development Authority may require that a landscaping plan be prepared by a professional. An irrigation plan may also be required. (2) Within the front setback and secondary front setback, a minimum landscaped strip of 2.4 m (8 ft) in width along the entire lot frontage (excepting driveways, sidewalks, and walkways) is required. The strip shall be comprehensively landscaped to the satisfaction of the Development Authority and should contain a minimum of one tree and two shrubs for every 15.2 m (50 ft) of street frontage. (3) The Development Authority may require the prescribed minimum 4.6 m (15 ft) setback between commercial and residential uses in section 5(4) of this district to be landscaped and/or fenced depending on the intensity of the proposed development. (4) Development along Highways 52 and 845 may be subject to enhanced landscaping standards to ensure consistency with the Municipal Development Plan policies regarding entryways into the community. P a g e | 76 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS C-1 (5) The Development Authority may impose enhanced landscaping and development standards on lots adjacent to major roadways and lots within the Downtown Overlay. (6) Off-street parking lots shall be landscaped and/or screened to the satisfaction of the Development Authority. An off-street parking lot designed to accommodate more than 25 vehicles shall provide landscaping in the form of landscaped islands, landscaping between rows of parking stalls, or other suitable landscaping to the satisfaction of the Development Authority. (7) Where off-street parking is adjacent to a residential use, the Development Authority may require a minimum 3.0 m (10 ft) landscaped buffer between the property line and the adjacent use. (8) All mechanical equipment shall be concealed by screening in a manner compatible with the architectural character of the structure to the satisfaction of the Development Authority. (9) Landscaping shall consist of any combination of the following to the satisfaction of the Development Authority: (a) vegetation (e.g. trees, shrubs, lawn, flowers); (b) ground cover (e.g. large feature rocks, bark chip, field stone, crushed rock, or other similar features); (c) buffering (e.g. berming, terracing, paving stones); (d) outdoor amenity areas (e.g. benches, walkways, raised planters, etc); (e) innovative landscaping features, as approved by the Development Authority. (10) No cottonwood tree of any specie or variety shall be planted in the municipality. (11) Development within the Downtown Overlay, also refer to section 13 of this district. 10. FENCING (1) No fence, wall, gate, hedge or other means of enclosure shall extend more than 0.9 m (3 ft) above the ground in any front yard or secondary front yard without an approved development permit. (2) Fences in the rear and side yards must not exceed 2 m (6.6 ft) in height without an approved development permit. (3) Fencing shall not be permitted to be constructed within any developed or undeveloped roadway or laneway right-of-way. Removal of such fencing will be at the property owner's expense. (4) Where a permit is required for fencing, the Development Authority may regulate the material types and colours used for the fence. Regardless of fence height, barbed wire fencing is prohibited. (5) Refer also to Part 2, section 6, for corner lot sight triangle requirements. 11. OFF-STREET PARKING REQUIREMENTS AND DESIGN STANDARDS (1) Refer to Part 2, section 14. (2) Development within the Downtown Overlay, refer to section 13 of this district. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 77 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS C-1 12. OUTDOOR DISPLAY AND SALES (1) Outdoor display of goods, materials, and equipment for advertising and sale purposes may be permitted in the front yard as part of a development permit approval provided the display is not located within any required landscaped area or buffer. (2) The Development Authority may impose conditions related to screening, buffering or landscaping of any outdoor display or sales areas. DOWNTOWN OVERLAY 13. DOWNTOWN OVERLAY (1) Intent The intent of the Downtown Overlay is to maintain the historic development patterns of the commercial district along Broadway. (2) Applicability (a) The requirements of section 13 of this district apply to all property located within the Overlay, as identified in Figure 2, "Downtown Overlay". (b) The requirements of the General Commercial district and the General Development Standards in Part 2 are also applicable to property located within the Overlay. However, if there is a conflict between the requirements of this Downtown Overlay and any other requirements of this bylaw, the Downtown Overlay prevails. Figure 2: Downtown Overlay P a g e | 78 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS C-1 (3) Downtown Overlay Requirements Development within the Downtown Overlay is subject to the following additional requirements: (a) Minimum setback requirements - Principal Structure Use Front & Secondary Front Side Rear m ft m ft m ft All uses 0 0 0 0 4.6 15 (i) The front wall or facade of the principal structure shall be developed to the front property boundary unless otherwise required by the Development Authority. (ii) All other requirements of subsections (1)-(7) in section 5 of the General Commercial district are applicable. (b) Minimum setback requirements - Accessory Structure Use Front Secondary Front Side Rear m ft m ft m ft m ft Accessory Structure 7.6 25 1.5 5 0 0 1.5 5 (i) All other requirements of subsections (1)-(3) in section 6 of the General Commercial district are applicable. (c) Maximum lot coverage Principal structure and accessory structures - all uses: 85% (d) Maximum building height (i) The requirements of section 8 of this district are applicable. (e) Landscaping and screening (i) A landscaping plan shall be submitted for development within the Downtown Overlay District where the principal structure is not developed to the front property boundary. The Development Authority may require that a landscaping plan be prepared by a professional. An irrigation plan may also be required. (ii) Where a principal structure is not developed to the front property boundary, the front setback shall be comprehensively landscaped to the satisfaction of the Development Authority. (iii) All other requirements of subsections (3)-(8) and (10) in section 9 of the General Commercial district are applicable. (f) Special parking provisions (i) Development within the Downtown Overlay is exempted from the off-street parking requirements in Part 2, section 15, provided the gross floor area of the building is not increased and the number of existing off-street parking spaces is not reduced. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 79 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS C-1 (ii) New development and development which increases the gross floor area of an existing building, excepting residential accommodation, is required to provide 50% of the off-street parking spaces required in Part 2, section 14. New residential accommodation and residential accommodation which increases the gross floor area of an existing building is required to provide 100% of the required off-street parking spaces in Part 2, section 14. (iii) The location of all off-street parking areas shall be subject to the approval of the Development Authority. (iv) Design of off-street parking areas is regulated by Part 2, section 14. (v) The Development Authority may approve an alternative parking plan in lieu of required parking spaces in accordance with subsections (vi) and (vii). (vi) An applicant requesting approval of an alternative parking plan must demonstrate to the satisfaction of the Development Authority that the proposed plan will protect surrounding neighbourhoods from traffic impacts, maintain traffic circulation patterns and promote quality development in the downtown. (vii) Eligible alternative parking plans may include any one or combination of the following as approved by the Development Authority: a. Bicycle parking. b. Valet parking. c. Off-site parking - located within 152.4 m (500 ft) of the development; must include a written agreement between the owners of record. Where such off- site parking is approved, a caveat shall be registered against the lot to guarantee the continuous use of the site for parking. d. Shared parking - located within 152.4 m (500 ft) of the development; must include a written agreement between the owners of record. Where such shared parking is approved, a caveat shall be registered against the lot to guarantee the continuous use of the site for parking. e. Payment in lieu of parking payable to the Town based on the value per parking space, as established by resolution of Council. f. Any other alternative parking plan approved by the Development Authority. USE SPECIFIC STANDARDS 14. OTHER Refer to Part 3, Use Specific Standards for the following uses: 1. ACCESSORY STRUCTURES AND USES 2. PRIVATE SWIMMING POOLS 3. SATELLITE DISHES AND RADIO OR TELEVISION ANTENNA 4. SHIPPING CONTAINERS 5. SHOW HOMES 6. SOLAR COLLECTOR P a g e | 80 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS C-1 7. TELECOMMUNICATION ANTENNA SITING PROTOCOLS 8. SMALL WIND ENERGY CONVERSION SYSTEM 9. SIGNS SUBDIVISION CRITERIA 15. SUBDIVISION CRITERIA Refer to Part 1, section 55. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 81 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS NC-1 NEIGHBOURHOOD COMMERCIAL - NC-1 1. INTENT To accommodate a limited range of neighbourhood scale commercial uses where deemed compatible with adjacent land uses or on sites identified within an adopted Area Structure Plan. 2. USES (1) Permitted Uses Accessory structure: 11 m2 (120 ft2) or less Signs, type 1, 2, 9 (2) Discretionary Uses - Development Officer Accessory structure: greater than 11 m2 (120 ft2) Accessory use Clubs and organization Farmers' market Shipping container, temporary (3) Prohibited Uses Any use not listed as either a permitted or discretionary use or deemed a similar use in accordance with Part 1, section 33 (Similar Use). (4) Discretionary Uses - Municipal Planning Commission Animal grooming facility Child care facility Construction camp Convenience store Eating establishment Excavation Office Personal service Parks and playgrounds Signs, type, 4, 5, 7 Stockpile Tourist information Utilities Veterinary clinic 1 3. GENERAL REQUIREMENTS The General Development Standards contained in Part 2 are applicable, unless otherwise specified in the sections of this district. 4. MINIMUM LOT SIZE Use Width Length Area m ft m ft m ft All Uses 23.0 75 33.5 110 770.5 8250 5. MINIMUM SETBACK REQUIREMENTS - Principal Structure Use Front Secondary Front Side Rear m ft m ft m ft m ft All Uses 7.6 25 4.6 15 3.1 10 3.1 10 P a g e | 82 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS NC-1 (1) Permanent structures must be placed a minimum of 12.2 m (40 feet) from the property line adjacent to a lane in an infill block where road right-of-way has not been dedicated. This area shall be reserved for future road widening and front yard requirements when these blocks are resubdivided. (2) Where a future lane is identified in an area redevelopment plan, area structure plan, conceptual design scheme or other initiative formally adopted by Council, the principal structure must be set back a minimum of 12.2 m (40 ft) from the property line adjacent to the proposed lane. (3) The Development Authority may determine which front yard will be deemed the secondary front depending on the orientation of the existing development within a block. (4) Development adjacent to highways is also subject to requirements of Alberta Transportation. (5) Structures that are attached to a principal structure are subject to the principal setbacks, excepting the permitted projections in Part 2, section 13. (6) Also refer to Part 2, sections 6 and 12 for corner lot sight triangle requirements and setbacks from easements. 6. MINIMUM SETBACK REQUIREMENTS - Accessory Structure Use Front Secondary Front (Corner Lots) Side Rear m ft m ft m ft m ft Accessory structure Same as principal structure Same as principal structure 1.5 5 1.5 5 (1) Permanent structures must be placed a minimum of 12.2 m (40 ft) from the property line adjacent to a lane in an infill block where road right-of-way has not been dedicated. This area shall be reserved for future road widening and front yard requirements when these blocks are resubdivided. (2) Accessory structures shall be constructed such that eaves shall be no closer than 0.6 m (2 ft) from a side lot line or rear lot line and all drainage is conducted to the appropriate storm drain via the applicant's property. (3) Also refer to Part 2, sections 6 and 12 for corner lot sight triangle requirements and setbacks from easements. 7. MAXIMUM LOT COVERAGE Principal structure and accessory structures - all uses: 45% 8. MAXIMUM BUILDING HEIGHT Principal structure: 10.1 m (33 ft) Accessory structure: 4.9 m (16 ft) (1) The roofline of the principal structure shall be consistent with the surrounding structures to the satisfaction of the Development Authority. (2) Roof mounted mechanical units shall be concealed by screening in a manner compatible with the architectural character of the building or concealed by the building roof. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 83 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS NC-1 9. LANDSCAPING AND SCREENING (1) A landscaping plan shall be submitted with the development permit application for any principal use. The Development Authority may require that a landscaping plan be prepared by a professional. An irrigation plan may also be required. (2) Within the front setback and secondary front setback, a minimum landscaped strip of 2.4 m (8 ft) in width along the entire lot frontage (excepting driveways, sidewalks, and walkways) is required. The strip shall be comprehensively landscaped to the satisfaction of the Development Authority and should contain a minimum of one tree and two shrubs for every 7.6 m (25 ft) of street frontage. (3) Where a lot in this district is adjacent to a lot in a residential district, the Development Authority may require a minimum 4.6 m (15 ft) landscaped and/or fenced buffer depending on the intensity of the proposed development. (4) Development along Highways 52 and 845 may be subject to enhanced landscaping standards to ensure consistency with the Municipal Development Plan policies regarding entryways into the community. (5) Off-street parking lots shall be landscaped and/or screened to the satisfaction of the Development Authority. An off-street parking lot designed to accommodate more than 25 vehicles shall provide landscaping in the form of landscaped islands, landscaping between rows of parking stalls, or other suitable landscaping to the satisfaction of the Development Authority. (6) Where off-street parking is adjacent to a residential use, the Development Authority may require a minimum 3.0 m (10 ft) landscaped buffer between the property line and the adjacent use. (7) All mechanical equipment shall be concealed by screening in a manner compatible with the architectural character of the structure to the satisfaction of the Development Authority. (8) Landscaping shall consist of any combination of the following to the satisfaction of the Development Authority: (a) vegetation (e.g. trees, shrubs, lawn, flowers); (b) ground cover (large feature rocks, bark chip, field stone, crushed rock, or other similar features); (c) buffering (e.g. berming, terracing, paving stones); (d) outdoor amenity area (e.g. benches, walkways, raised planters); (e) innovative landscaping features, as approved by the Development Authority. (9) No cottonwood tree of any specie or variety shall be planted in the municipality. 10. FENCING (1) No fence, wall, gate, hedge or other means of enclosure shall extend more than 0.9 m (3 ft) above the ground in any front yard or secondary front yard without an approved development permit. (2) Fences in the rear and side yards must not exceed 2 m (6.6 ft) in height without an approved development permit. (3) Fencing shall not be permitted to be constructed within any developed or undeveloped roadway or laneway right-of-way. Removal of such fencing will be at the property owner's expense. P a g e | 84 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS NC-1 (4) Where a permit is required for fencing, the Development Authority may regulate the material types and colours used for the fence. Regardless of fence height, barbed wire fencing is prohibited. (5) Refer also to Part 2, section 6, for corner lot sight triangle requirements. 11. OFF-STREET PARKING REQUIREMENTS AND DESIGN STANDARDS Refer to Part 2, section 14. 12. OUTDOOR DISPLAY AND SALES Outdoor display and/or sale of goods shall not be permitted, except for approved farmer's markets. USE SPECIFIC STANDARDS 13. OTHER Refer to Part 3, Use Specific Standards for the following uses: 1. ACCESSORY STRUCTURES AND USES 3. SATELLITE DISHES AND RADIO OR TELEVISION ANTENNA 4. SHIPPING CONTAINERS 6. SOLAR COLLECTOR 7. TELECOMMUNICATION ANTENNA SITING PROTOCOLS 9. SIGNS SUBDIVISION 14. SUBDIVISION CRITERIA Refer to Part 1, section 55. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 85 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS I-1 INDUSTRIAL - I-1 1. INTENT To accommodate a range of primarily light industrial and warehousing uses while allowing, at the Development Authority's discretion, uses that may require large lots, special siting and/or servicing or which may be considered noxious or hazardous. 2. USES (1) Permitted uses Accessory structure: 11 m2 (120 ft2) or less Automotive sales and/or service Signs, type 1, 2, 9 Warehousing Wholesale trade (2) Discretionary uses - Development Officer Accessory structure: greater than 11 m2 (120 ft2) Accessory use Business support service Household repair service Landscaping material sales Office Shipping container, temporary Surveillance suite (3) Prohibited uses Any use not listed as either a permitted or discretionary use or deemed a similar use in accordance with Part 1, section 33 (Similar Use). (4) Discretionary uses - Municipal Planning Commission Animal grooming facility Auctioneering establishment Auto body repair/paint shop Bulk fuel station Car wash Cannabis production facility Construction camp Construction supply and contractor Drive-in/drive-through use Eating establishment Equipment sale, rental, and service Excavation Financial institution Government service Grain elevators/seed cleaning Heavy industry Intensive horticultural operation Kennel Light industry/manufacturing Mini storage Outdoor storage Parking lot Recycling facility Research and development facility Retail cannabis store Salvage or wreckage yard Service station/gas bar Shipping container, permanent Signs, type 3, 4, 5, 6, 7, 8 Specialty manufacturing/cottage industry Stockpile Transportation/delivery service Truck transportation dispatch/depot Truck wash Waste disposal facility Small wind energy conversion system (SWECS) Veterinary clinic 1 and 2 Utilities P a g e | 86 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS I-1 3. GENERAL REQUIREMENTS The General Development Standards contained in Part 2 are applicable, unless otherwise specified in the sections of this district. 4. MINIMUM LOT SIZE Use Width Length Area m ft m ft m2 ft2 Utilities As required by the Development Authority All other uses 30.5 100 45.72 150 1393.5 15000 5. MINIMUM SETBACK REQUIREMENTS - Principal Structure Use Front Secondary Front (Corner Lots) Side Rear m ft m ft m ft m ft All uses 7.6 25 7.6 25 3.1 10 3.1 10 (1) Permanent structures must be placed a minimum of 12.2 m (40 ft) from the property line adjacent to a lane in an infill block where the road right-of-way has not been dedicated. This area shall be reserved for future road widening and front yard requirements when these blocks are resubdivided. (2) Where a future lane is identified in an area redevelopment plan, area structure plan, conceptual design scheme or other initiative formally adopted by Council, the principal structure must be set back a minimum of 12.2 m (40 ft) from the property line adjacent to the proposed lane. (3) The Development Authority may determine which front yard will be deemed the secondary front depending on the orientation of the existing development within a block. (4) Where a lot in this district is adjacent to a lot in a residential district, with or without a lane, the principal structure shall be located a minimum of 7.6 m (25 ft) from the lane or residential lot, whichever distance is greater. (5) Development adjacent to highways is also subject to requirements of Alberta Transportation. (6) Structures that are attached to a principal structure are subject to the principal setbacks, excepting the permitted projections in Part 2, section 13. (7) Also refer to Part 2, sections 6 and 12 for corner lot sight triangle requirements and setbacks from easements. 6. MINIMUM SETBACK REQUIREMENTS - Accessory Structure Use Front Secondary Front (Corner Lots) Side Rear m ft m ft m ft m ft Accessory structure Same as principal structure Same as principal structure 1.5 5 3.1 10 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 87 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS I-1 (1) Permanent structures must be placed a minimum of 12.2 m (40 ft) from the property line adjacent to a lane in an infill block where road right-of-way has not been dedicated. This area shall be reserved for future road widening and front yard requirements when these blocks are resubdivided. (2) Accessory structures shall be constructed such that eaves shall be no closer than 0.6 m (2 ft) from a side lot line or rear lot line and all drainage is conducted to the appropriate storm drain via the applicant's property. (3) Also refer to Part 2, sections 6 and 12 for corner lot sight triangle requirements and setbacks from easements. 7. MAXIMUM LOT COVERAGE Principal structure and accessory structures - all uses: 70% 8. MAXIMUM BUILDING HEIGHT Principal structure and accessory structures - all uses: As required by the Development Authority 9. LANDSCAPING AND SCREENING (1) A landscaping plan shall be submitted with the development permit application for any principal use. The Development Authority may require that a landscaping plan be prepared by a professional. An irrigation plan may also be required. (2) Within the front setback and secondary front setback, a minimum landscaped strip of 3.0 m (10 ft) in width along the entire lot frontage (excepting driveways, sidewalks, and walkways) is required. The strip shall be comprehensively landscaped to the satisfaction of the Development Authority. (3) The Development Authority may require the prescribed minimum 7.6 m (25 ft) setback between an industrial and residential use in section 5(4) of this district to be landscaped and/or fenced depending on the intensity of the proposed use. (4) Development along Highways 52 and 845 may be subject to enhanced landscaping standards to ensure consistency with the Municipal Development Plan policies regarding entryways into the community. (5) Off-street parking lots shall be landscaped and/or screened to the satisfaction of the Development Authority. (6) Where off-street parking is adjacent to a residential use, the Development Authority may require a minimum 3.0 m (10 ft) landscaped buffer between the property line and the adjacent use. (7) Where an industrial lot is adjacent to a residential use, all mechanical equipment shall be concealed by fencing and/or landscaping to the satisfaction of the Development Authority. (8) Landscaping shall consist of any combination of the following to the satisfaction of the Development Authority: (a) vegetation (e.g. trees, shrubs, lawn, flowers); (b) ground cover (e.g. large feature rocks, bark chip, field stone, crushed rock, or other similar features); (c) buffering (e.g. berming, terracing, paving stones); P a g e | 88 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS I-1 (d) outdoor amenity feature (e.g. benches, walkways, raised planters); (e) innovative landscaping features, as approved by the Development Authority. (9) No cottonwood tree of any specie or variety shall be planted in the municipality. 10. FENCING (1) No fence, wall, gate, hedge or other means of enclosure shall extend more than 2.44 m (8 ft) in height in any side or rear yard. A fence, wall, gate, hedge or other means of enclosure that exceeds 0.9 m (3 ft) in height within a front yard or secondary front yard requires approval by the Development Authority. (2) The use of barbed wire below a height of 2 m (6.6 ft) is not permitted. (3) Fencing shall not be permitted to be constructed within any developed or undeveloped roadway or laneway right-of-way. Removal of such fencing will be at the property owner's expense. (4) Where a permit is required for fencing, the Development Authority may regulate the material types and colours used for the fence. (5) Refer also to Part 2, section 6, for corner lot sight triangle requirements. 11. OFF-STREET PARKING REQUIREMENTS AND DESIGN STANDARDS Refer to Part 2 General Development Standards, section 14. 12. OUTDOOR DISPLAY AND STORAGE (1) Temporary outdoor display of goods, materials, and equipment for advertising and sale purposes may be permitted in the front yard provided the display is not located within any required landscape area or buffer. (2) The Development Authority may impose conditions related to screening, buffering or landscaping of any outdoor display areas. (3) Outdoor storage areas shall not be permitted within the front, secondary front or side setback. (4) Outdoor storage areas adjacent to a residential lot shall be effectively screened by an opaque fence of at least 1.8 m (6 ft) in height or other suitable screening to the satisfaction of the Development Authority. 13. MITIGATION OF IMPACTS FROM NOISE, ODOUR, VIBRATION AND AIR QUALITY (1) Where, in the opinion of the Development Authority, a development has the potential to create negative impacts on adjacent uses and/or nearby residential development in the form of noise, odour, vibration and/or air quality, the applicant may be required to submit a mitigation plan demonstrating how impacts will be mitigated prior to a decision being made on the application. (2) A mitigation plan may be attached as a condition of approval as well as any other measures deemed necessary by the Development Authority to mitigate impacts pursuant to subsection (1) above. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 89 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS I-1 USE SPECIFIC STANDARDS 14. OTHER Refer to Part 3, Use Specific Standards for the following uses: 1. ACCESSORY STRUCTURES AND USES 3. SATELLITE DISHES AND RADIO OR TELEVISION ANTENNA 4. SHIPPING CONTAINERS 6. SOLAR COLLECTOR 7. TELECOMMUNICATION ANTENNA SITING PROTOCOLS 8. SMALL WIND ENERGY CONVERSION SYSTEM 9. SIGNS 10. RETAIL CANNABIS STORE 11. CANNABIS PRODUCTION FACILITY SUBDIVISION 15. SUBDIVISION CRITERIA Refer to Part 1, section 55. P a g e | 90 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS I-1 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 91 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS POS-1 PARKS AND OPEN SPACE - POS-1 1. INTENT To provide for the development of parks, open space and recreation areas and facilities. 2. USES (1) Permitted Uses Natural area Parks and playgrounds (2) Discretionary Uses - Development Officer Accessory structures and uses Clubs and organizations Farmers' market Shipping container, temporary Tourist information (3) Prohibited Uses Any use not listed as either a permitted or discretionary use or deemed a similar use in accordance with Part 1, section 33 (Similar Use). (4) Discretionary Uses - Municipal Planning Commission Cemetery Child care facility Construction camp Cultural facility Excavation Exhibition ground Parking lot Recreation facility, public Recreation facility, private Utilities Small wind energy conversion system (SWECS) Signs, type 1, 2, 3, 4, 7, 9 Stockpile 3. GENERAL REQUIREMENTS The General Development Standards contained in Part 2 are applicable, unless otherwise specified in the sections of this district. 4. MINIMUM LOT SIZE Use Width Length Area m ft m ft m2 ft2 All uses As required by the Development Authority 5. MINIMUM SETBACK REQUIREMENTS - Principal and Accessory Structures Use Front Secondary Front (Corner Lots) Side Rear m ft m ft m ft m ft All uses As required by the Development Authority P a g e | 92 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS POS-1 (1) Permanent structures must be placed a minimum of 12.2 m (40 ft) from the property line adjacent to a lane in an infill block where road right-of-way has not been dedicated. This area shall be reserved for future road widening and front yard requirements when these blocks are resubdivided. (2) Where a future lane is identified in an area redevelopment plan, area structure plan, conceptual design scheme or other initiative formally adopted by Council, the principal structure must be set back a minimum of 12.2 m (40 ft) from the property line adjacent to the proposed lane. (3) The Development Authority may determine which front yard will be deemed the secondary front depending on the orientation of the existing development within a block. (4) Development adjacent to highways is also subject to requirements of Alberta Transportation. (5) Structures that are attached to a principal structure are subject to the principal setbacks, excepting permitted projections in Part 2, section 13. (6) Also refer to Part 2, sections 6 and 12 for corner lot sight triangle requirements and setbacks from easements. 6. MAXIMUM LOT COVERAGE All uses: As required by the Development Authority 7. MAXIMUM BUILDING HEIGHT Accessory structures: 6.1 m (20 ft) All other uses: As required by the Development Authority 8. LANDSCAPING AND SCREENING (1) Landscaping shall be as required by the Development Authority having regard to the impact of the proposed use on adjacent land uses, availability of water, traffic generation, amenity considerations and other site specific considerations. (2) The Development Authority may require a landscaped and or fenced area between uses in this district and adjacent residential uses depending on the intensity of the proposed development. (3) Off-street parking lots shall be landscaped and/or screened to the satisfaction of the Development Authority. An off-street parking lot designed to accommodate more than 25 vehicles shall provide landscaping in the form of landscaped islands, landscaping between rows of parking stall or other suitable landscaping to the satisfaction of the Development Authority. (4) No cottonwood tree of any specie or variety shall be planted in the municipality. 9. FENCING (1) Maximum fence height and fencing material shall be as required by the Development Authority having regard to adjacent land uses and existing fence heights in the area. (2) Fencing shall not be permitted to be constructed within any developed or undeveloped roadway or laneway right-of-way. Removal of such fencing shall be at the property owner's expense. (3) Refer also to Part 2, section 6, for corner lot sight triangle requirements. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 93 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS POS-1 10. OFF-STREET PARKING REQUIREMENTS AND DESIGN STANDARDS Refer to Part 2, section 14. USE SPECIFIC STANDARDS 11. OTHER Refer to Part 3, Use Specific Standards for the following uses: 1. ACCESSORY STRUCTURES AND USES 3. SATELLITE DISHES AND RADIO OR TELEVISION ANTENNA 4. SHIPPING CONTAINERS 6. SOLAR COLLECTOR 7. TELECOMMUNICATION ANTENNA SITING PROTOCOLS 8. SMALL WIND ENERGY CONVERSION SYSTEM 9. SIGNS SUBDIVISION 12. SUBDIVISION CRITERIA Refer to Part 1, section 55. P a g e | 94 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS POS-1 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 95 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS PI-1 PUBLIC AND INSTITUTIONAL - PI-1 1. INTENT To provide for the development of government, educational, medical, social and other public and institutional uses. 2. USES (1) Permitted Uses Natural area Parks and playgrounds Signs, type 1, 2 (2) Discretionary Uses - Development Officer Accessory structures and uses Accessory residence, staff Clubs and organizations Farmer's market Shipping container, temporary Tourist information (3) Prohibited Uses Any use not listed as either a permitted or discretionary use or deemed a similar use in accordance with Part 1, section 33 (Similar Use). (4) Discretionary Uses - Municipal Planning Commission Boarding home Cemetery Child care facility Community hall Construction camp Cultural facility Dormitory Educational facility Excavation Exhibition ground Funeral facility Government service Group care facility Health service Hospital Parking lot Recreation facility, public Religious assembly Research and development facility Senior citizen housing Shipping container, permanent Signs, type 3, 4, 5, 6, 7, 9 Stockpile Utilities Small wind energy conversion system (SWECS) 3. GENERAL REQUIREMENTS The General Development Standards contained in Part 2 are applicable, unless otherwise specified in the sections of this district. 4. MINIMUM LOT SIZE Use Width Length Area m ft m ft m2 ft2 All uses As required by the Development Authority P a g e | 96 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS PI-1 5. MINIMUM SETBACK REQUIREMENTS - Principal and Accessory Structures Use Front Secondary Front (Corner Lots) Side Rear m ft m ft m ft m ft All uses As required by the Development Authority (1) Permanent structures must be placed a minimum of 12.2 m (40 ft) from the property line adjacent to a lane in an infill block where road right-of-way has not been dedicated. This area shall be reserved for future road widening and front yard requirements when these blocks are resubdivided. (2) Where a future lane is identified in an area redevelopment plan, area structure plan, conceptual design scheme or other initiative formally adopted by Council, the principal structure must be set back a minimum of 12.2 m (40 ft) from the property line adjacent to the proposed lane. (3) The Development Authority may determine which front yard will be deemed the secondary front depending on the orientation of the existing development within a block. (4) Development adjacent to highways is also subject to requirements of Alberta Transportation. (5) Structures that are attached to a principal structure are subject to the principal setbacks, excepting permitted projections in Part 2, section 13. (6) Also refer to Part 2, sections 6 and 12 for corner lot sight triangle requirements and setbacks from easements. 6. MAXIMUM LOT COVERAGE All uses: As required by the Development Authority 7. MAXIMUM BUILDING HEIGHT Accessory structures: 6.1 m (20 ft) All other uses: As required by the Development Authority 8. LANDSCAPING AND SCREENING (1) Landscaping shall be as required by the Development Authority having regard to the impact of the proposed use on adjacent land uses, availability of water, traffic generation, amenity considerations and other site specific considerations. (2) The Development Authority may require a landscaped and or fenced area between uses in this district and residential uses on adjacent lots depending on the intensity of the proposed development. (3) Off-street parking lots shall be landscaped and/or screened to the satisfaction of the Development Authority. An off-street parking lot designed to accommodate more than 25 vehicles shall provide landscaping in the form of landscaped islands, landscaping between rows of parking stall or other suitable landscaping to the satisfaction of the Development Authority. (4) No cottonwood tree of any specie or variety shall be planted in the municipality. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 97 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS PI-1 9. FENCING (1) Maximum fence height and fencing material shall be as required by the Development Authority having regard to adjacent land uses and existing fence heights in the area. (2) Fencing shall not be permitted to be constructed within any developed or undeveloped roadway or laneway right-of-way. Removal of such fencing shall be at the property owner's expense. (3) Refer also to Part 2, section 6, for corner lot sight triangle requirements. 10. OFF-STREET PARKING REQUIREMENTS AND DESIGN STANDARDS Refer to Part 2, section 14. USE SPECIFIC STANDARDS 11. OTHER Refer to Part 3, Use Specific Standards for the following uses: 1. ACCESSORY STRUCTURES AND USES 3. SATELLITE DISHES AND RADIO OR TELEVISION ANTENNA 4. SHIPPING CONTAINERS 6. SOLAR COLLECTOR 7. TELECOMMUNICATION ANTENNA SITING PROTOCOLS 8. SMALL WIND ENERGY CONVERSION SYSTEM 9. SIGNS SUBDIVISION 12. SUBDIVISION CRITERIA Refer to Part 1, section 55. P a g e | 98 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS PI-1 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 99 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS UR-1 URBAN RESERVE - UR-1 1. INTENT To ensure orderly and compatible development of land adjoining the built-up area of town that may be suitable for urban uses in the future but which is presently premature to subdivide and/or develop. 2. USES (1) Permitted Uses Extensive agriculture Home occupation 1 (2) Discretionary Uses - Development Officer Accessory structures and uses Shipping container, temporary (3) Prohibited Uses Confined feeding operations Dwelling, manufactured Dwelling, moved-in Travel Trailers, Motor Homes or other Recreational Vehicles used as dwellings Any use not listed as either a permitted or discretionary use or deemed a similar use in accordance with Part 1 section 33 (Similar Use). (4) Discretionary Uses - Municipal Planning Commission Construction camp Dwellings: Accessory Single-detached, site built Single-detached, prefabricated Excavation Home Occupation 2 Intensive horticultural operation Natural area Specialty manufacturing/cottage industry Signs, type 1, 2, 3, 4, 9 Stockpile Utilities 3. GENERAL REQUIREMENTS The General Development Standards contained in Part 2 are applicable, unless otherwise specified in the sections of this district. 4. DISCRETIONARY USE REQUIREMENTS (1) A discretionary use shall not be approved if, in the opinion of the Development Authority, it is likely to: (a) become a non-conforming use on subsequent reclassification of the lands in accordance with the Municipal Development Plan, an Area Structure Plan or a Conceptual Design Scheme; (b) conflict with or jeopardize the implementation of the Municipal Development Plan, adopted Area Structure Plan, or approved Conceptual Design Scheme; (c) be premature or otherwise compromise the orderly subdivision or subsequent development of land; (d) conflict with the provisions of the land use district, which will likely apply on subsequent reclassification of the land. P a g e | 100 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS UR-1 (2) Where an Area Structure Plan or approved Conceptual Design Scheme has not been adopted for the lands that are the subject of the a development application, the Development Authority may require, before a development application is approved: (a) a detailed design plan be prepared by the applicant and approved by the Municipal Planning Commission demonstrating that the development will not compromise future subdivision or subsequent development of land; (b) a Conceptual Design Scheme be prepared by the applicant and approved by Council; (c) an Area Structure Plan be prepared by the applicant and adopted by Council; or (d) the lot or parcel, which is the subject of the development application, be reclassified and subdivided in accordance with the Area Structure Plan or Conceptual Design Scheme, as appropriate. 5. MINIMUM LOT SIZE Use Width Length Area m ft m ft Hectares Acres Extensive agriculture Not applicable 0.8 2.0 All other uses As required by the Development Authority or in accordance with an approved Conceptual Design Scheme, or adopted Area Structure Plan 6. MINIMUM SETBACK REQUIREMENTS All uses: As required by the Development Authority having regard to: (1) setbacks that may apply on future reclassification and/or subdivision; (2) maintenance of adequate setbacks from existing and future roadways, including service roadways and lanes; (3) setbacks from lanes in infill blocks where road right-of-way has not been dedicated but which is necessary for future road widening and front yard requirements when these blocks are resubdivided; and (4) corner lot sight triangle requirements and setbacks from easements in Part 2, sections 6 and 12. 7. MAXIMUM LOT COVERAGE All uses: As required by the Development Authority 8. MAXIMUM BUILDING HEIGHT Accessory structures: 6.1 m (20 ft) All other uses: As required by the Development Authority 9. LANDSCAPING AND SCREENING (1) Landscaping and screening shall be as required by the Development Authority having regard to the impact of the proposed use on adjacent land uses, availability of water, amenity considerations and other site specific considerations. (2) No cottonwood tree of any specie or variety shall be planted in the municipality. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 101 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS UR-1 10. FENCING (1) No fence, wall, gate, hedge, or other means of enclosure shall extend more than 0.9 m (3 ft) above the ground in any front yard or secondary front yard without an approved development permit, excepting barbed wire fencing to a maximum of 1.2 m (4 ft) for agricultural purposes. (2) Fences in the rear and side yards must not exceed 2 m (6.6 ft) in height without an approved development permit. (3) Fencing shall not be permitted to be constructed within any developed or undeveloped roadway or laneway right-of-way. Removal of such fencing will be at the property owner's expense. (4) Where a permit is required for fencing, the Development Authority may regulate the material types and colours used for the fence. Barbed wire fencing is prohibited, except as provided in subsection (1). (5) Landowners are encouraged to consider future development potential in placement of fencing. (6) Refer also to Part 2, section 6 for corner lot sight triangle requirements. 11. OFF-STREET PARKING AND DRIVEWAY REQUIREMENTS (1) Minimum off-street parking requirements are as follows: Use Dwelling: Accessory.................................... Single-detached (all types)............... All other uses................................... Minimum No. of Off-Street Parking Spaces 1 per dwelling unit 2 per dwelling unit As required in Part 2, section 14 (Off-Street Parking and Loading Requirements and Design Standards) (2) The Development Authority may require any off-street parking space or driveway to be paved as a condition of approval. (3) Off-street parking spaces and driveways shall be constructed in a manner which will permit adequate drainage, snow removal and maintenance. (4) Vehicular access for corner lots will be limited to locations along the minor street unless site specific considerations require otherwise. (5) A maximum of one driveway per lot is permitted without an approved development permit. (6) Driveway standards for residential uses are as follows: (a) Minimum width: 3.0 m (10 ft) (b) Maximum width: 7.3 m (24 ft) (c) Setback from lane: 3.0 m (10 ft) (d) Setback from intersection of public roadways: 6.1 m (20 ft) (7) Parking and loading standards for all other uses are as stipulated in Part 2, section 14. P a g e | 102 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS UR-1 USE SPECIFIC STANDARDS 12. OTHER Refer to Part 3, Use Specific Standards for the following uses: 1. ACCESSORY STRUCTURES AND USES 3. SATELLITE DISHES AND RADIO OR TELEVISION ANTENNA 4. SHIPPING CONTAINERS 6. SOLAR COLLECTORS 7. TELECOMMUNICATION ANTENNA SITING PROTOCOLS 8. SMALL WIND ENERGY CONVERSION SYSTEM 9. SIGNS SUBDIVISION 13. SUBDIVISION CRITERIA Refer to Part 1, section 55. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 103 LAND USE BYLAW TOWN OF RAYMOND PART 4: LAND USE DISTRICTS DC-1 DIRECT CONTROL - DC-1 1. INTENT To provide a means for development of land whereby regulation through use of another land use district in this bylaw is inadequate given long-range planning goals, public interest, innovative planning ideas, or unique site characteristics. 2. USES (1) Permitted Uses As prescribed by Council through bylaw. (2) Discretionary Uses As prescribed by Council through bylaw. 3. DEVELOPMENT STANDARDS As required by Council with regard to Part 2. 4. MINIMUM LOT SIZE As required by Council. 5. MINIMUM SETBACK REQUIREMETS As required by Council. 6. ALL OTHER STANDARDS As required by Council. 7. PROCEDURE As established in Part 1, section 32. P a g e | 104 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 4: LAND USE DISTRICTS DC-1 DIRECT CONTROL DISTRICTS AND ADOPTING BYLAWS BYLAW NO. LEGAL DESCRIPTION DATE OF ADOPTION 1095-21 Lot 33, Block 22A, Plan 8111944 March 16, 2021 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 LAND USE BYLAW TOWN OF RAYMOND PART 5: DEFINITIONS PART 5: DEFINITIONS T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 5: DEFINITIONS T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 105 LAND USE BYLAW TOWN OF RAYMOND PART 5: DEFINITIONS PART 5: DEFINITIONS 1. GENERAL DEFINITIONS A Accessory residence, staff means a dwelling unit for the occupancy of the owner, operator, caretaker, or other essential administrative and operational personnel for a governmental, educational, social or other pubic and institutional use and which is accessory to the primary use(s) on the parcel. Accessory structure means a building or structure that is incidental and subordinate to and customarily found in connection with a primary structure or use, located on the same lot as the principal building or use. It does not include a "Dwelling" unless specifically identified as such in the list of permitted or discretionary uses for the respective land use district. A principal structure or use must be legally established or approved before an accessory structure can be approved. Accessory use means a use of a building(s) or land, which is incidental to and subordinate to the principal use or structure on the lot on which it is located. A principal structure or use must be legally established or approved before an accessory use can be approved. Act means the Municipal Government Act, Revised Statutes of Alberta, 2000, Chapter M-26, as amended. Addition means any construction that increases the size of a building or structure in terms of site coverage, height, length, width, or gross floor area. Adjacent land or adjacent means land that is contiguous to a parcel of land proposed for development, subdivision or redesignation and includes land that would be contiguous if not for a road, railway, walkway, watercourse, water body, utility lot, right-of-way, reserve land or other similar feature. P a g e | 106 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 5: DEFINITIONS Amenity area means an area or areas within the boundaries of a development which provides active or passive recreation opportunities for the enjoyment of the occupants of a development and their guests. These may include such things as views, landscaped areas, patios, art, decks, swimming pools, tennis courts and other similar uses. Amusement facility means development for amusement pastimes, and may incorporate eating facilities as an accessory use. Such uses may include but are not limited to, amusement arcades, billiard parlours, bingo halls, bowling alleys and indoor mini-golf. Animal grooming facility means a facility that provides a service for the care and appearance of domestic animals, where all care and confinement facilities are enclosed within a building, but does not include the breeding and/or overnight boarding of such animals. Applicant means the registered owner of land or his or her representative or agent. Approved use means a use of land and/or buildings for which a development permit has been issued by the Development Authority or the Subdivision and Development Appeal Board. Area Structure Plan means a statutory plan in accordance with the Act and the municipal development plan for the purpose of providing a framework for subsequent subdivision and development of an area of land in the municipality. Area Redevelopment Plan means a statutory plan in accordance with the Act and the municipal development plan for the purpose of any or all of the following: preserving or improving land and buildings in the area; rehabilitating buildings in the area; removing buildings from the area; constructing or replacing buildings in the area; establishing, improving or relocating roads, public utilities or other services in the area; or facilitating any other development in the area. Auctioneering establishment means the use of land or buildings for the sale of goods, wares, merchandise or equipment, excluding livestock, to persons by means of bidding. This use includes the temporary storage of such goods and equipment. Auto body repair/paint shop means a facility for the painting, repair or sanding of motor vehicle bodies and chassis and other metal machinery, components or articles but does not include facilities for the sale of gas or lubricating oil, or an automotive repair service. Auto detailing may be included as an accessory use. Automotive sales and/or service means the retail sale, lease, or rental of new or used automobiles and/or recreational vehicles and/or a facility for the repair and servicing of automobiles and/or recreational vehicles, including but not limited to, mufflers, oil changes, transmissions, engine replacement, glass repair, auto detailing. Such facilities do not include the sale of gas but may include towing services as an accessory use. Aviary means a place for keeping birds confined for the purpose of raising, exhibiting or selling. B Basement means any storey of a building of which the ceiling level is less than 1.8 m (6 ft) above the average finished surface level of the surrounding ground. Bed and breakfast means an accessory use carried out in an owner-occupied dwelling where temporary accommodation is provided to non-residents of the dwelling for remuneration, and where meals, if provided for guests, are prepared in the common kitchen of the principal residence. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 107 LAND USE BYLAW TOWN OF RAYMOND PART 5: DEFINITIONS Berm means a dyke-like mound or earth or other approved material used to separate uses, lots, buildings, roads, districts, etc. and mitigate and minimize potential impacts of a development. Boarding home means a building or portion of a building (other than a hotel or motel) containing sleeping rooms without cooking facilities, where lodging and meals for three or more persons are provided for compensation pursuant to previous arrangements or agreements. A boarding home is not open to transient guests. Bed and Breakfast is a separate use. Buffer means open spaces, landscaped areas, fences, walls, hedges, trees, shrubs, berms or other similar features used to physically and/or visually separate incompatible uses, areas, functions, sites, buildings, roadways, districts, etc. Building has the meaning defined in the Act and includes anything constructed or placed on, in, over or under land, but does not include a highway or road or a bridge that forms part of a highway or road. Building envelope means that portion of a lot within which development may occur after all setbacks and separation distances and other standards of the district have been deducted. Building height means the vertical distance measured from the average grade along the length of the building and the highest point of the building, excluding steeples, chimneys, smoke stacks, roof stairway entrance and other similar features. Building width, minimum means the minimum horizontal distance of the building's living space measured parallel to the shortest exterior wall of the building and perpendicular to the longest exterior wall of the building and excludes porches, decks, patios, balconies, carports, garages, unheated storage space, porte-cochere and other similar architectural features. Bulk fuel station means a use of land or buildings for storing and distributing petroleum products in bulk quantities. This use includes supplementary tanker vehicle storage and card lock or key lock fuel distribution facilities. Business means a commercial, merchandising, or industrial activity or undertaking, a profession, trade, occupation, calling or employment or an activity providing goods or services, whether or not for profit and however organized or formed, including a cooperative or association of persons. Business support service means an establishment primarily engaged in providing services for other business establishments such as advertising, copying, equipment, financial service, employment services, and other similar services. Bylaw means the Land Use Bylaw of the Town of Raymond. Min. Building Width 7.3 m (24 ft.) Living Space Attached Garage Min. Building Width 7.3m (24 ft.) Living Space P a g e | 108 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 5: DEFINITIONS C Campground means a use of land or buildings intended for seasonal occupancy by holiday or tent trailers, recreation vehicles, tents and similar equipment and which may include supplementary bathroom and recreational facilities, eating shelters, convenience retail, laundry facilities and dwelling accommodations for the operator. Cannabis means cannabis as defined in the Cannabis Act (Canada) and its regulations, as amended from time to time. Cannabis accessory means cannabis accessory as defined in the Cannabis Act (Canada) and its regulations, as amended from time to time. Cannabis production facility means a development where federally licensed cannabis is grown, processed, packaged, tested, researched, destroyed, stored, or loaded for shipping. Carport means a roofed, partially enclosed structure intended for the shelter of one or more motor vehicles. Car wash means the use of a structure or area providing for the cleaning of motor vehicles but does not include truck washes or service stations/gas bars. Cemetery means land used or dedicated to the burial of the dead, and may include crematoriums, mausoleums, cineraria and columbaria, memorial gardens and security and maintenance facilities. Child care facility means a building or portion thereof used for the provision of care, maintenance and supervision of seven or more children, by persons unrelated to the children by blood or marriage, for periods not exceeding 24 consecutive hours and includes all child-care centres, day cares, nurseries and after-school or baby-sitting programs which meet the conditions of this definition. Group homes and day homes are separate uses. Clear vision triangle means a triangular area on a corner lot formed by an imaginary line starting at the point of intersection of the two street property lines and extending 6.1 m (20 ft.) from their point of intersection. Clubs and organizations means development used for meeting, social or recreational activities of members of non-profit, philanthropic, social service, athletic, business, or other similar clubs or organizations, but does not include on-site residences. Such developments may include rooms for eating, drinking sports, recreation, amusement and assembly as accessory uses. Communal facility means a facility that is intended for the use of the residents and their guests of a development such as recreation facilities and laundry facilities. Community hall or facility means a non-commercial development established primarily for the benefit and service of the population of the community in which it is located. Conceptual design scheme means a detailed site layout plan for a parcel of land which typically addresses the same requirements of an Area Structure Plan but which is not adopted by bylaw. Condominium means a building or structure where there exists a type of ownership of individual units, generally in a multi-unit development or project where the owner possesses an interest as a tenant in common with other owners in accordance with the provisions of the Condominium Property Act. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 109 LAND USE BYLAW TOWN OF RAYMOND PART 5: DEFINITIONS Condominium plan means a plan of survey registered at a Land Titles Office prepared in accordance with the provisions of the Condominium Property Act, Revised Statutes of Alberta 2000, Chapter C-22, as amended. Confined feeding operation has the same meaning as defined in the Agricultural Operation Practices Act, RSA 2000, Chapter A-7, as amended and means fenced or enclosed land or buildings where livestock are confined for the purpose of growing, sustaining, finishing or breeding by means other than grazing and any other building or structure directly related to that purpose but does not include residences, livestock seasonal feeding and bedding sites, equestrian stables, auction markets, race tracks or exhibition grounds. Construction supply and contractor means development for the operation of a building trade or service, or a materials supplier to the construction industry. Construction camp means those on-site buildings, trailers or other acceptable means of accommodation that are temporarily used to house and feed construction workers and/or store project construction materials and/or provide office space for contractors and sub-contractors. Convenience store means a retail store that sells a limited line of groceries and household goods for the convenience of the neighbourhood and does not exceed 278.7 m2 (3,000 ft2) in gross floor area. Council means the Council of the Town of Raymond in the Province of Alberta. Cultural facility means the provision of cultural services to the public, such as but not limited to museums, art galleries and libraries by a public or private, non-profit facility. D Day home means a private residence where care, development and supervision are provided for a maximum of six children between the ages of 0-12 years, by persons unrelated to the children by blood or marriage, including children under the age of 12 who reside in the home, for periods not exceeding 24 consecutive hours. Deck means a platform with or without a roof, walls or railings and which may be attached to a building for use as an outdoor amenity area. Density means a measure of intensity and when used in reference to a residential or residential related development, refers to the number of dwellings on a site, expressed in dwelling units per hectare or acre. Developer means a person or an owner of land in accordance with the Statutes of the Province of Alberta who wishes to alter the title of the property or change the use of the property from its existing use. Development in accordance with the Act means: (a) an excavation or stockpile and the creation of either of them; (b) a building or an addition to or replacement or repair of a building and the construction or placing of any of them in, on, over or under land; (c) a change of use of land or a building or an act done in relation to land or a building that results in or is likely to result in a change in the use of the land or building; or P a g e | 110 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 5: DEFINITIONS (d) a change in the intensity of use of land or a building or an act done in relation to land or a building that results in or is likely to result in a change in the intensity of use of the land or building. Development agreement means a contractual agreement completed between the municipality and an applicant for a development permit or subdivision approval which specifies the roadways, walkways, public utilities, and other services to be provided by the applicant as a condition of a development permit or subdivision approval, in accordance with the Act. Development authority in accordance with the Act means the person or persons authorized by bylaw to exercise development powers and perform duties on behalf of the municipality. For the purposes of the Town of Raymond Land Use Bylaw, the Development Authority is the Municipal Planning Commission and the Designated Officer acting in the capacity of Development Officer. Development officer means the person(s) appointed by resolution of Council to the office established by Part 1 section 15 of this bylaw. Development permit means a permit issued with or without conditions pursuant to this bylaw authorizing a development. A development permit does not constitute a building permit. Discretionary use means the one or more uses of land or buildings prescribed in Part 4 of this bylaw for which a development permit may be approved at the discretion of the Development Authority or the Subdivision and Development Appeal Board with or without conditions. District means a land use district as set out in Part 4, Land Use Districts and indicated on the Land Use Districts Map. Dormitory means a structure intended or used principally for sleeping accommodations where such building is related to educational or public institution, including religious institution. Such use may include kitchen and common gathering facilities. Drive-in/Drive-through restaurant means an establishment where food is prepared and served on the premises for sale to the public and includes car attendant and/or drive-through, pick-up service. Dwelling means a building or portion thereof designed for human habitation and which is intended to be used as a residence for one or more individuals but does not include travel trailers, motor homes, recreational vehicles, or other mobile living units, hotel, motel, dormitory, boarding house, or other similar accommodation. Dwelling includes the following: Accessory means a dwelling unit that is incidental and subordinate to the principal dwelling on the parcel and which may be located within the principal dwelling or in a detached building. Apartment means a building containing three or more dwelling units sharing a common hall and common entrance at grade. Duplex means a building containing two dwelling units connected by a common floor/wall or ceiling, but not legally subdivided by a property line. Moved-in means a conventional, previously occupied building which is physically removed from one site, transported and re-established on another site with a different legal description for use as a residence. Prefabricated dwelling and manufactured dwelling are separate uses and defined as single-detached prefabricated and single-detached manufactured. Multi-unit means a building other than an apartment that contains three or more dwelling units. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 111 LAND USE BYLAW TOWN OF RAYMOND PART 5: DEFINITIONS Semi-detached means a building containing two dwelling units connected by a common wall but legally subdivided by a property line. Single-detached site built means a building constructed on the lot intended for occupancy containing a single dwelling unit which is not attached to any other dwelling by any means. Single-detached manufactured means a dwelling unit built at an off-site manufacturing facility in conformance with CSA standards. The unit is typically constructed with an integrated frame for placement on a permanent surface foundation in conformance with CSA-Z240.10.1 standards and designed in one or two sections for transport, whether on its own wheels or a transport trailer. The unit arrives at the site where it is to be occupied complete and ready for occupancy, except for incidental operations such as placement on an acceptable foundation and removal of any hitch and/or wheels, and skirting. For the purposes of this bylaw, single- detached manufactured dwelling does not include single-detached prefabricated dwellings. Double-wide means a single-detached manufactured dwelling unit consisting of two sections, moved separately, that are joined together into one integrated dwelling unit on site. Single-wide means a single-detached manufactured dwelling unit designed to stand alone as a single dwelling unit. Single detached prefabricated means a previously unoccupied dwelling unit or portions of a dwelling unit that are built at an off-site manufacturing facility or location other than the lot intended for occupancy. The units are built in conformance with CSA standards and/or Alberta Safety Codes and do not have an integrated frame, hitch, wheels, or chassis or other device allowing for transport of the unit. Single detached prefabricated dwelling include the following: Modular or modular construction means a dwelling unit built at an off-site manufacturing facility in conformance with CSA standards designed in two or more modules or sections. The dwelling is transported by transport trailer in sections and delivered to the site where it is assembled over a conventional, permanent concrete foundation (either a basement foundation, slab-on-grade or crawl space). Ready-to-move means a dwelling unit built to the current Alberta Building Code that would normally be constructed on the site intended for occupancy, but for various reasons, is constructed at an off-site manufacturing facility, construction site, plant site or building yard. It is then loaded and transported as one unit onto the proper moving equipment and delivered to the site intended for occupancy and placed on a conventional, permanent concrete foundation (either a basement, slab-on-grade or crawl space). Panelized means a dwelling unit constructed at the site intended for occupancy using pre- built exterior/interior wall panels and building components that are delivered to the site as a package ready for assembly over a conventional, permanent concrete foundation (either a basement foundation, slab-on-grade or crawl space). Dwelling group means two or more buildings each containing one or more dwelling units, located on a lot or a number of adjoining lots where all buildings, recreation areas, vehicular areas, landscaping and all other features have been planned as an integrated development. Accessory dwelling is a separate use. Dwelling unit means a use that contains one or more self-contained rooms designed to be used as a dwelling and that includes sleeping, cooking, living and sanitary facilities and having an independent entrance either directly from the outside of the building or through a common area within the building. P a g e | 112 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 5: DEFINITIONS Dwelling unit as a secondary use means one or more dwelling units located within a principal building in the General Commercial District, which are wholly contained within the second or upper stories of the building or a portion of the first storey limited to the rear half of the building. E Educational facility means a place of instruction offering courses of study, operated with public or private funds pursuant to the School Act, as amended. Easement means a right held by one party in land owned by another. Eating establishment means an establishment where food is prepared and served on the premises for sale to the public and may include supplementary on or off-premises catering services. This term includes restaurants, cafes, lunch and tea rooms, ice cream parlours, banquet facilities, take-out restaurants and other uses similar in character and nature. Entertainment establishment means an establishment such as a theatre, auditorium, lounge or cabaret providing dramatic, musical or other entertainment indoors or outdoors and may include facilities for supplementary food and beverage consumption. Equipment sales, rental and service means the use of land or buildings for the sale, service and/or rental of tools, trucks, tractors, construction equipment, agricultural implements, vehicles over 13,000 lbs (5,900 kg) tare weight and heavy machinery designed for uses in agriculture, construction, and primary industries such as mining or forestry or in freight hauling operations. Such use may include cleaning, repairing and sale of parts and accessories. Excavation means the process of altering the natural elevation of the ground by grading, cutting, stripping, filling or breaking of ground, but does not include common household gardening and ground care, excavation made for the building of basements, structures, landscaping, or parking for which a development permit has been issued, or extensive agriculture. Gravel pit, mineral extraction and any other similar extractive use are not classified as excavation and are a separate use. Exhibition ground means an establishment at which an exhibit of animals, objects, or other things is featured for the purpose of display, amusement and entertainment, and which the public typically pays an admission fee. Extensive agriculture means the production of crops or livestock or both by expansive cultivation or open grazing only. Barns, Quonsets and other similar buildings associated with extensive agriculture are classified as accessory structures. This use does not include agricultural-related industry buildings or uses such as packaging plants, processing plants, agricultural support services or any other similar uses or structures. F Farmers' market means a use of land or buildings primarily for the sale of fresh or processed farm or garden produce. This use may also include entertainment, crafts sales and sales of other similar products. Fence means a vertical structure usually made of wood, rails, bricks or wire erected to enclose, screen, secure, or separate areas about all or part of a lot. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 113 LAND USE BYLAW TOWN OF RAYMOND PART 5: DEFINITIONS Financial institution means a development or use primarily for providing the service of banking or lending money, such as a bank, savings and loan institution, or credit union. Floor area means the sum of the horizontal area of the ground floor of a building (i.e., building footprint), measured from the exterior walls or from the centerline of walls separating two buildings, but does not include basements, open porches, verandas or breezeways. Frontage means the dimension of a lot or portion of a lot abutting a road right-of-way measured along the front lot line or secondary front lot line. Front yard means a yard extending across the full width of a lot and situated between the front lot line and the nearest portion of the principal building. Foundation means the supporting base structure of a building. Funeral facility means a development used for the arrangement of funerals, the preparation of the deceased for burial or cremation, the holding of funeral services and the carrying out of cremations. G Government service means development providing municipal, provincial or federal government services directly to the public or the community at large and includes development required for the public protection of persons or property. Grade means the average level of the finished surface of the ground adjacent to the exterior walls of the building. Grain elevators/seed cleaning means a facility for the collection, grading, sorting, storage, sales and shipment of grains. Grocery store means a retail establishment with a gross floor area in excess of 278.7 m2 (3,000 ft2) primarily selling pre-packaged and perishable food for household consumption as well as other convenience and household goods. Gross floor area means the sum of the gross horizontal area of each floor of a building, measured from the exterior faces of the exterior walls or in the case of a common wall separating two buildings from the centreline of such common wall. For the purposes of calculating off-site parking requirements, gross floor area includes all areas intended for occupancy or storage but excludes parking garages, mechanical rooms, and stairwells. Group care facility means a development which provides residential accommodation and rehabilitative services to persons who are handicapped, aged, disabled or undergoing rehabilitation and are provided care to meet their needs. Persons are typically referred to a group care facility by hospitals, courts, government agencies or recognized social service agencies or health professionals but may also voluntarily request care. This use includes supervised uses such as group homes, half-way houses, and convalescent homes. H Health service means the provision of mental and health services on an outpatient basis. Services may be of a preventative, diagnostic, treatment, therapeutic, rehabilitative, or counselling nature. Typical uses include medical and dental offices, health clinics, and counselling services. P a g e | 114 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 5: DEFINITIONS Height see "Building height". Highway means provincial highway 845 and 52 which are under the jurisdiction and control of Alberta Transportation. Holiday trailer see "Recreational vehicle". Home occupation means the secondary use of a dwelling or accessory building by the occupant of the dwelling for an occupation, trade, profession or craft, which in the opinion of the Development Authority, does not change the residential character of the neighbourhood and is in accordance with the home occupation regulations of this bylaw. Home occupations are categorized into Home Occupation 1 and Home Occupation 2; refer to Part 4, section 22 of the General Residential - R-1 District for definitions. This use does not include sale of cannabis and cannabis accessories, which is classified as a "Retail cannabis store". Hospital means a facility providing room, board, and surgical or other medical treatment for the sick, injured or infirm including outpatient services and accessory staff residences. Typical uses include hospitals, sanatoria, isolation facilities, psychiatric hospitals, auxiliary hospitals, and detoxification centres. Hotel means a building or buildings used primarily for temporary sleeping accommodations and ancillary services provided in rooms or suites of rooms that may contain bar/kitchen facilities. The structure may include eating and drinking facilities, entertainment, convention, sports, recreation, personal service and retail facilities as accessory uses. Household repair service means development primarily for the repair and servicing of goods, furniture, equipment and appliances normally used within and around the home with associated retail sales of such repaired goods as an accessory use. I Industry, heavy means development used for manufacturing, fabricating, processing, assembly, production or packaging of goods or products, including ancillary offices and storage facilities, that may generate potential health or safety hazards or nuisances beyond the boundaries of the lot upon which it is situated; involve the storage or use of toxic gases or substances or goods or products which may be hazardous or offensive; or produce waste material that may be hazardous or offensive. Intensive horticultural operation means use of land or buildings for the high yield production and or sale of specialty crops such as a greenhouse, nursery, hydroponic or market garden, mushroom or sod farm. This use does not include production of cannabis. K Kennel means a facility where dogs or cats or other domestic pets are maintained, boarded, bred, trained or cared for, or kept for the purposes of sale but excludes a veterinary clinic. In addition to this bylaw all kennels are subject to the current Town of Raymond Animal Regulation Bylaw. L Landscaped area means that portion of the site that is required to be landscaped. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 115 LAND USE BYLAW TOWN OF RAYMOND PART 5: DEFINITIONS Landscaping means the modification, beautification and enhancement of a site or development through the use of the following elements: (a) natural landscaping consisting of vegetation such as trees, shrubs, hedges, grass, flowers and other ground cover materials; (b) hard landscaping consisting of non-vegetative materials such as brick, stone, concrete, tile and wood; and (c) innovative landscaping materials such as sculptures, ornamental ponds, benches, lighting and other structures and materials used in landscape architecture. Landscaping materials sales means a commercial business that specializes in the sale and/or installation of landscaping materials such as, but not limited to trees, shrubs, rock, bark, mulch, gravel and paving stones. Lane or Laneway means a public thoroughfare with a right-of-way width in accordance with the Town of Raymond Engineering Standards which provides a secondary means of access to a lot. Light industry/manufacturing means development used for manufacturing, fabricating, processing, assembly, production or packaging of goods or products, including ancillary offices and storage facilities, that does not generate any potential health or safety hazards or nuisances beyond the boundaries of the lot upon which it is situated; does not involve the storage or use of toxic gases or substances or goods or products which may be hazardous or offensive; or produce waste material that may be hazardous or offensive. Loading space means an unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, wares, materials, and merchandise on a lot. Lot in accordance with the Act, means: (a) a quarter section; (b) a river lot shown on an official plan, as defined in the Surveys Act, that is filed or lodged in a land titles office; (c) a settlement lot shown on an official plan as defined in the Surveys Act, that is filed or lodged in a land titles office; (d) a part of a parcel where the boundaries of the parcel are separately described in the certificate of title other than by reference to a legal subdivision; or (e) a part of a parcel of land described in a certificate of title if the boundaries of the part are described in a certificate of title by reference to a plan of subdivision. Where a certificate of title contains one or more lots described in a plan of subdivision that was registered in a land titles office before July 1, 1950, lot means parcel. Lot area means the total area of a lot. Lot, corner means a lot located at the intersection of two or more streets. See figure to right. P a g e | 116 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 5: DEFINITIONS Lot coverage means the combined area of all buildings or structures on a site including but not limited to the principal structure, accessory structures, decks, verandas, porches, and balconies but excluding eaves, cornices, and other similar projections. Lot, double fronting means a lot which abuts two parallel or approximately parallel streets. See figure to right. Lot, interior means a lot situated between two lots or another lot and a lane and having access to not more than one street. See figure to right. Lot length means the horizontal distance between the front and the rear lot lines measure along the median between the side lot lines. See figure below. Lot line means a legally defined boundary of any lot. The term property line and boundary line have the corresponding meaning. See figure below. Lot width means the horizontal distance between the side lot lines measured at a point 6.1 m (20 ft) from the front property line. See figure below. M Manufactured home park means a comprehensively planned development for the placement and occupancy of new or previously occupied single-detached manufactured dwellings as residences which is managed by an operator and may include amenity areas and accessory facilities for the use and maintenance of the residents. Manufactured home park does not include transient uses such as campgrounds. Market garden means the growing of vegetables or fruit for commercial purposes. This use includes an area for the display and sale of goods or produce grown or raised on site. Measurable standard means a minimum dimensional standard stipulated in Part 2, Part 3, or Part 4 of the land use bylaw. Mini storage means a development which includes a series of enclosed storage bays or lockers, and may include outside storage sites for recreation vehicles, all of which are intended for rental or lease to the public for storage of personal property. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 117 LAND USE BYLAW TOWN OF RAYMOND PART 5: DEFINITIONS Motel means a building or buildings used primarily for temporary sleeping accommodations and ancillary services provided in rooms or suites, where each room or suite may contain bar/kitchen facilities. Each room or suite usually has its own private exterior access and is typically provided with an adjoining or conveniently located parking stall. The structure may include eating and drinking facilities, entertainment, convention, sports, recreation, personal service and retail facilities as accessory uses. Motor home has the same meaning as "Recreational vehicle". Municipal Government Act (MGA) means the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as amended. Municipality means the Town of Raymond in the Province of Alberta. Municipal reserve means the land specified to be municipal reserve by a subdivision approving authority pursuant to section 666 of the Act. Municipal/school reserve means the land specified to be municipal and school reserve by a subdivision approving authority pursuant to section 666 of the Act. Municipal planning commission (MPC) means a committee appointed by Council to act as a Development Authority pursuant to section 624(2) of the Act and in accordance with the Town of Raymond Municipal Planning Commission Bylaw. N Natural area an area of land that is left in its natural and undeveloped state and is intended for use as active or passive recreation areas or for resource protection as a principal use. Non-conforming building in accordance with the Act, means a building: (a) that is lawfully constructed or lawfully under construction at the date a land use bylaw or any amendment thereof affecting the building or land on which the building is situated becomes effective; and (b) 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 in accordance with the Act, means a lawful specific use: (a) being made of land or a building or intended to be made of a building lawfully under construction at the date a land use bylaw or any amendment thereof affecting the land or building becomes effective; and (b) 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. Noxious or hazardous uses are those land uses which may be detrimental to public health, safety and welfare because of toxic gases, noxious smells, wastes, noise, dust or smoke emissions which are incompatible with residential or other development. Nuisance means any use, prevailing condition or activity which has a detrimental effect on living or working conditions. P a g e | 118 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 5: DEFINITIONS O Occupancy permit means a permit issued by the municipality that authorizes the right to occupy or use a building or structure for its intended use. Off-street parking means a lot or portion thereof, excluding a public roadway which is used or intended to be used as a parking area for motor vehicles. Office means development primarily for the provision of professional, managerial or consulting services; the administrative needs of businesses, trades, contractors and other organizations; and service-related businesses such as travel agents and insurance brokers. This excludes government services, the servicing and repair of goods, and the manufacturing and handling of a product. Orientation means the arranging or facing of a building or structure with respect to the street frontage. Outdoor storage means the open storage of goods, merchandise or equipment outside a building. P Parcel in accordance with the Act, 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. Parking lot means a site or a portion of a site, devoted to the off-street parking of vehicles, including parking space, aisles, access drives, and landscaped areas, and providing vehicular access to a public street. When identified as a specific use in a land use district, the use is contemplated as a principal use of a lot. In all other cases, it is accessory to a principal use. Park model trailer means a recreational vehicle that is either (a) built on a single chassis mounted on wheels designed for infrequent towing by a heavy-duty tow vehicle but is restricted in size and weight so that it does not require a special highway movement permit and conforms to the CSA-Z- 240 standard for recreational vehicles or (b) a recreational vehicle intended for temporary residence or seasonal use built on a single chassis mounted on wheels, which may be removed and returned to the factory, requiring a special tow vehicle and highway permit to move on the road and conforms to the CSA Z-241 standard for recreational vehicles. Parking stall means that portion of a parking lot that accommodates a parked vehicle. Parks and playgrounds means land specifically designed or reserved for the general public for active or passive recreational use and includes all natural and manmade landscaping, facilities, playing fields, buildings and other structures that are consistent with the general purposes of public parkland, and includes such uses as tot lots, amphitheatre, picnic grounds, bike and walking paths, playgrounds and water features. Permitted use means those uses as prescribed in Part 4 of this Bylaw for which a Development Permit shall be issued with our without conditions by the Development Authority upon application having been made to the Development Authority if the proposed development conforms with this Bylaw. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 119 LAND USE BYLAW TOWN OF RAYMOND PART 5: DEFINITIONS Personal service means a development used for the provision of services related to personal care and appearance or the cleaning and repair of personal effects and may include the retail sale of associated products. Typical uses include, but are not limited to, beauty salons, barber shops, health spas, fitness centre, tailors and dressmakers, dry cleaners, laundromats and shoe repair shops, but exclude equipment repair establishments and the provision of medical or health services. Plan of subdivision means a plan of survey prepared in accordance with the provisions of the Land Titles Act for the purpose of effecting subdivision. Primary access means the location and manner of the principal means of access to a building or lot. Principal building means a building which, in the opinion of the Development Officer: (a) occupies the major or central portion of a site; (b) is the chief or main building among one or more buildings for which the site is used; (c) constitutes, by reason of its use, the primary purpose for which the site is used. Principal use means the primary purpose for which a lot, building, or dwelling unit is used or intended to be used. Private means the use of land or buildings intended for or restricted to the use of a particular person or group of persons which is not freely available to the general public. Private roadway or private road means an area of land that provides access to a parcel and is contained within common property forming part of a bare land condominium plan or bare land that is used for the purpose of accommodating a private roadway for access purposes in accordance with an easement agreement registered on it. Property line see "Lot line". Provincial health care facility means a hospital as defined in the Hospitals Act. Provincial Land Use Policies means policies established by order of the Lieutenant Governor in Council pursuant to section 622 of the Act. Public roadway or public road means any land shown as a road on a registered plan of survey and includes the right-of-way of any or all of the following: a local road, collector road or arterial road; a service road; a street; an avenue; or a road, street or highway pursuant to the Public Highways Development Act, which is designed or intended for vehicular use by the public. Laneway or lane has a separate meaning and is not included in the definition of a public roadway. Q Queing aisle means an area of a lot designed to accommodate vehicles waiting in line at a vehicle- oriented facility. Queing space means the part of a queing aisle need to accommodate a single vehicle. P a g e | 120 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 5: DEFINITIONS R Real property report means a legal document that illustrates in detail the location of all relevant, visible public and private improvements relative to property boundaries prepared by a registered Alberta Land Surveyor. Recreational vehicle means a vehicle, trailer or other similar unit designed for and intended to provide temporary accommodation for travel and recreational purposes, which either has its own motor power or is mounted onto or drawn by another vehicle. Recreational vehicle includes park model trailers, motor homes, campers, travel trailers, holiday trailers, tent trailers and other similar terms. Recreation facility, private means sports or recreational or retreat activities, uses, or facilities including associated eating and retail areas, provided by commercial for-profit and non-profit businesses where the public is admitted for a fee or where admission is limited to members of an organization or limited group. Such uses include, but are not limited to, gymnasiums, athletic/sports fields, shooting ranges, paint-ball, go-cart tracks, golf courses and ranges, outdoor mini-golf, recreation centres, indoor/outdoor ice rinks, campgrounds, retreats and country clubs. Recreation facility, public means sports or recreational or retreat activities, uses or facilities, including associated eating and retail areas, for public use which are publicly-owned or operated (i.e. municipal, provincial or federal including local boards, agencies or commissions of the town). Such uses include, but are not limited to, gymnasiums, athletic/sports fields, shooting ranges, paint- ball, go-cart tracks, golf courses and ranges, outdoor mini-golf, recreation centres, indoor/outdoor ice rinks, campgrounds, retreats and country clubs. Recycling facility means the use of land or buildings for the purchasing, receiving and/or temporary storage of bottles, cans, newspapers and similar household items. The use shall not generate a detrimental effect or nuisance beyond the boundaries of the lot or site on which it is situated. "Waste disposal facility" and "salvage or wreckage yard" are not part of this use. 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 purchase of the fee simple estate in the land under an agreement for sale that is the subject of a caveat registered against the Certificate of Title in the land, and any assigned 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 (i), the person registered under the Land Titles Act as the owner of the fee simple estate in the land. Religious assembly means a development including any meeting halls used for spiritual worship and related religious, charitable, educational or social activities, but does not include a school. It may include such accessory uses as offices for administration, childcare facility, space for social recreational or community facilities, minister's residence, manse, parsonage, or rectory. Research and development facility means the use of land or buildings designed or used primarily for research development functions related to industry and similar fields of endeavour such as a laboratory. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 121 LAND USE BYLAW TOWN OF RAYMOND PART 5: DEFINITIONS Residential accommodation in conjunction with an approved commercial use means a residential unit that is part of a commercial building where the dwelling unit is a supplementary use to that principal use. Typical uses include residential units on the second storey above a main floor commercial use. Retail cannabis store means a development involving the use of a building where cannabis and cannabis accessories, licensed by the Province of Alberta, are offered for sale to individuals who attend the premises for off-site consumption, and may include storage within the premises of cannabis and cannabis accessories sufficient only to service such a store. Retail store means a development involving the retail sale, rental or lease of consumer goods, wares, merchandise, substances, articles or things from within a building and may include limited seasonal outdoor sales and storage on or about the store premises of limited quantities of goods sufficient only to service such a store. This use does not include sale of cannabis and cannabis accessories, which is classified as a "Retail cannabis store". Road see "Public roadway". S Safety Codes means a code, regulations, standard, or body of rules regulating things such as buildings, electrical systems, elevating devices, gas systems, plumbing or private sewage disposal systems, pressure equipment, fire protection systems and equipment, barrier free design and access, in accordance with the Safety Codes Act, RSA 2000, Chapter S-1, as amended. Satellite dishes and radio or television antenna means a structure designed specifically to receive television and radio signals. Salvage or wreckage yard means use of land or buildings for the receiving, dismantling, resale or transportation of inoperable motor vehicles, machinery, equipment, parts metals, construction material or other similar materials. Such uses include, but are not limited to, junkyards, auto wreckers, and salvage and scrap yards. School reserve see "Municipal/school reserve". Screening means a fence, wall, berm, hedge, landscaping or other similar feature used to visually separate areas or functions or uses. Senior citizens housing means a dwelling unit or accommodation sponsored and administered by any public agency or any non-profit organization, either of which obtains its financial assistance from Federal, Provincial, or Municipal Governments or agencies or public subscriptions or donation or any combinations thereof. Senior citizen accommodation may include lounge, dining, health care, and recreation facilities. Service station/gas bar means any lot or building used for the retail sale of motor vehicle accessories, gasoline or other fuels and the supply of washing, greasing, cleaning and minor repair services for motor vehicles. Setback means the minimum distance required between a property line of a lot and the nearest part of any building, structure, development, excavation or use on the lot and is measured at a right angle to the lot line. See figure below. Setback, secondary front means the frontage on a corner lot that does not provide the primary access to the building or development or is the setback which is designated the secondary front by the Development Authority. See figure below. P a g e | 122 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 5: DEFINITIONS Shipping container means any container that was used, could be used, resembles, or is designed for transport of goods by means of rail, air, truck or by sea. These containers are rectangular in shape and are generally made of metal. When used for any purpose other than transporting freight, a shipping container shall be considered a building and subject to the standards and requirements of the Land Use Bylaw. Shopping centre means a group of commercial uses, in one or more buildings, which is planned and managed as a comprehensive entity. Show home means a previously unoccupied dwelling which is used 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 and may contain a sales office for lots or dwellings within the subdivision or development area. Sidewalk means a pathway, walkway or right-of-way or portion of right-of-way intended for use by pedestrians. Sign means any object, structure, fixture, placard, device and components, or portion thereof, which is used to advertise, identify, communicate, display, direct or attract attention to an object, matter, thing, person, institution, organization, business, product, service, event or location by any means. Refer to Part 5, section 2 for sign definitions. Site means that part of a parcel or a group of parcels on which a development exists or which an application for a development permit is being made. Site plan means a plan drawn to scale illustrating the proposed and existing development prepared in accordance with the requirements of this bylaw. Similar use means the use of land or building(s) for a purpose that is not provided in any district designated in this bylaw, but is deemed by a Development Authority to be similar in character and purpose to another use of land or buildings that is included within the list of uses prescribed for that district in which the use is proposed. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 123 LAND USE BYLAW TOWN OF RAYMOND PART 5: DEFINITIONS Small wind energy conversion system (SWECS) means a development that generates electricity from a wind turbine, either building or tower mounted, including associated control and conversion electronics and tower guy wires, which has a limited generation capacity to be used primarily for the applicants own use. Refer to Part 5, section 3 for SWECS definitions. Solar collector means a device or combination of devices, structures, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy. Specialty manufacturing/cottage industry means development for small scale on-site production of goods in a building not exceeding 565 m2 (5,000 ft2) gross floor area, including retail sales, display and storage areas. Examples include: specialty food production, crafts, pottery and sculpture studios, taxidermists, and cabinet makers. Statutory plan means an Intermunicipal Development Plan, Municipal Development Plan, Area Structure Plan, or Area Redevelopment Plan adopted pursuant to the Municipal Government Act. Stockpile means on-site storage of any soil, sand, gravel, mineral, clay, mud, debris, vegetation or other organic material, excluding common household gardening and ground care, extensive agriculture, stockpile associated with the building of basements, structures, landscaping, or parking for which a development permit has been issued, and landscaping materials sales. Storey means the space between the top of any floor and the top of the next floor above it and if there is no floor above it, the portion between the top of the floor and the ceiling above it, but does not include a basement. Street means a thoroughfare which is used or intended to be used for passage or travel of motor vehicles and includes the sidewalks and land on each side of and contiguous to the prepared surface of the thoroughfare. It does not include lanes. Structure means anything constructed or erected that requires a location on the ground or attached to something having location on the ground. Among other things, structures include buildings, walls, fences, and signs. Subdivision or Subdivide means the division of a parcel by an instrument. Subdivision authority means the body established by bylaw to act as the subdivision authority in accordance with section 623 of the Act. Subdivision and development appeal board means the quasi-judicial board established, by bylaw, to act as the municipal appeal body for subdivision and development, in accordance with section 627 of the Act. Subdivision and Development Regulation means regulations established by order of the Lieutenant Governor in Council pursuant to section 694 of the Act. Such as means includes but is not limited to. Surveillance suite means a dwelling unit or sleeping unit, not exceeding 46.5 m2 (500 ft2) in size, that is developed in conjunction with a principal use so that the dwelling is a supplementary use to the principal use, and which is used solely to accommodate a person or persons, whose function is to provide surveillance, maintenance and/or security. Swimming pool, private means an in-ground or above-ground structure containing an artificial body of water with a design depth greater than 600 mm (2 ft) designed for swimming. Private swimming pools are classified as an accessory structure. P a g e | 124 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 5: DEFINITIONS T Telecommunication antenna means a structure and any associated system, including all masts, towers and other antenna supporting structures that is used for the transmission, emission or reception of television, radio or telecommunications. Temporary use means a use listed as a permitted or discretionary use, or deemed similar to a permitted or discretionary use in the applicable land use district in Part 4, that is approved for a designated time period in a development permit issued in accordance with Part 1, section 34 of this bylaw. Tourist information means a development intended to provide information to the travelling public and may include washroom and picnic facilities and accessory retail sales. Town means the Town of Raymond. Transportation/delivery service means development involving the use of one or more vehicles to transport people, mail, currency, documents, packages and articles for compensation such as a mobile catering service, the rental or lease of vans and trucks, taxi service, limousine or bus service and may include limited storage and repair of the vehicles used. This use does not include towing operations. Travel trailer see "Recreational vehicle". Truck transportation dispatch/depot means a facility for the purpose of storing and/or dispatching trucks, buses, fleet vehicles, and transport vehicles and may include towing operations. The use may also involve the transfer of goods primarily involving the loading and unloading of freight-carrying trucks. Truck wash means a commercial vehicle washing facility associated with large vehicles such as tractor trailers. U Use means the utilization of a parcel of land for a particular use. Utilities means (1) the system, works or facilities used to provide one or more of the following for public or private use, consumption, benefit, or convenience: distribution of gas, whether artificial or natural; telecommunications; waterworks or steam; irrigation; electricity, light or power; heating or fuel; storm water management or drainage; and sewage disposal; and/or (2) a building or structure necessary for the provision of a utility. Private use outdoor coal burning appliances/utilities or other similar utilities are not permitted within the Town of Raymond. This use does not include "wind energy conversion system" or "small wind energy conversion system" which is defined separately. V Variance, limited means a relaxation of one measurable standard of the bylaw not to exceed 20%. Veterinary clinic 1 means a medical facility which treats only small animals with no provision for outside pens or cages and may include associated office space. This use includes off-site treatment of animals or livestock of any size and the supplementary sale of associated products. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 125 LAND USE BYLAW TOWN OF RAYMOND PART 5: DEFINITIONS Veterinary clinic 2 means a medical facility which treats animals of all sizes and can consist of inside and outside pens and may include associated office space and the supplementary sale of associated products. W Warehousing means the use of a building or portion thereof for the storage and distribution of materials, products, goods and merchandise, and may include a retail component to a maximum of 30% of the floor area as an accessory use. Waste disposal facility means a use of land or buildings for the storage, burial or transfer of garbage, spent or discarded materials, or hazardous materials and which do not meet the definition of "Recycling depot" or "Salvage or wreckage yard". Such uses include, but are not limited to, waste transfer stations and landfills. Wholesale trade means an establishment primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional business users or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to such individuals or companies. Wind energy conversion system see "Small wind energy conversion system". Y Yard means the area between a lot line and the nearest part of any building, structure, development, excavation or use on the lot. See figure on next page. Yard, front means a yard extending across the full width of a lot and situated between the front lot line and the nearest portion of the principal buildings. See figure below. Yard, rear means a yard extending across the full width of a lot and situated between the rear lot lines and the nearest portion of the principal building. See figure below. Yard, secondary front means a yard on a corner lot with street frontage but which is not the frontage where the main entrance to the building or development is oriented or is the yard which is designated the secondary front by the Development Authority. Yard, side means a yard extending from the front yard to the rear yard and situated between the side lot lines and the nearest portion of the principal building. See figure below. P a g e | 126 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 5: DEFINITIONS 2. SIGN DEFINITIONS Animated sign means a sign with action, motion, changing colors or lights, movement or the appearance of movement, or change of sign matter or text which require electrical energy or a mechanical or automated device. Billboard means a sign designed and intended to provide an advertising copy area, which may be leasable, and where the copy can be periodically replaced, typically by the use of pre-printed copy pasted or otherwise mounted onto the copy area or by means of an electronic display board. Copy means any image, written material, structure, graphics, pictures, logo, symbol or letters which are intended to advertise, direct, notify, identify, or otherwise communicate information. Display surface means the entire area within a continuous perimeter, enclosing the extreme limits of the copy area, including any frame or border. The perimeter does not include any structural elements lying outside the limits of the sign and not forming an integral part of the display. Directional and informational signage means a sign the message of which is limited to providing direction, guidance, facility or similar information and which may contain a name or logo, but does not contain any advertising. Electronic message board means any sign that uses changing lights or intensity of lights to form a sign message where the sequence of messages and the ratio of change is electronically programmed and can be modified by electronic process. Holography means an animated sign where a three dimensional image is created with photographic projection. Illuminated sign means any sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign. Motion picture projection means an animated sign which includes a sequence of images depicting people, objects or text in motion, preserved on a recording medium and capable of being projected for viewing. Multi-Tenant sign means a sign for a non-residential site with multiple tenants, identifying each tenant on the site. Nonconforming sign means a sign or sign structure which lawfully existed at the time the land use bylaw became effective but which does not presently conform to all the requirements of the applicable bylaw. Sign means any object, device, display or structure, or part thereof, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means. Type 1: Canopy or Awning Signs Canopy sign means a sign attached to a non-retractable structure completely enclosed overhead, which is intended to be used for business identification or protection against the weather and which is not supported independently of any other building or structure. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 P a g e | 127 LAND USE BYLAW TOWN OF RAYMOND PART 5: DEFINITIONS Awning sign means a fixed, folding or collapsible covering supported by a frame extending outward from a building to provide shelter and is capable of containing copy. Type 2: Fascia Signs Fascia sign means a sign attached to or erected against the wall of a building with the exposed display surface of the sign in a plane approximately parallel to the plane of the said wall. Type 3: Freestanding Signs Freestanding sign means any sign supported by a freestanding column(s) or structure placed in or on the ground and not attached to any building or other structure. Type 4: Monument Signs Monument sign means a sign where the base of the sign structure is located on the ground or a maximum of 0.3 m (1 ft) above the adjacent grade and the width of the base and the top of the sign structure are approximately equal. Type 5: Portable and Sidewalk Signs Portable sign means a sign that is not permanently affixed to a building, structure or the ground and is supported on a structure allowing it to be readily moved from one location to another. Sidewalk sign means a collapsible, portable sign limited to a maximum height of 1 m (3.3 ft) and maximum display area of 0.56 m2 (6 ft2). Type 6: Roof Signs Roof sign means a sign erected upon, against or above the roof of a building or roof eave, parapet, or on an architectural feature above the roof or roof eave. Type 7: Mural Signs Mural sign means a painting or other decorative work applied to and made integral with an outside wall surface of a building. Type 8: Off-Premises Signs Off- premises sign means a sign indicating the availability of goods or services at a location other than the location of the sign. Type 9: Window Signs Window sign means a sign permanently or temporarily applied directly to the inside surface of a window and intended to be viewed from the outside of the building. Wall sign means a fascia sign attached to or erected against the wall of a building with the exposed display surface of the sign in a plane approximately parallel to the plane of the said wall. P a g e | 128 T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW PART 5: DEFINITIONS 3. SMALL WIND ENERGY CONVERSION SYSTEM DEFINITIONS Blade means an element of a wind energy system rotor, which acts as a single airfoil, thereby extracting kinetic energy directly from the wind. Blade clearance means, in reference to a horizontal axis rotor, the distance from grade to the bottom of the rotor's arc. Distribution system means electrical lines and equipment typically operating at less than 25,000 volts that manage and distribute electrical energy from sub-station to customers. Horizontal axis rotor means a wind energy conversion system where the rotor is mounted on an axis horizontal to the earth's surface. Kilowatt or (kW) means the measure of power for electrical current. Small wind energy conversion system (SWECS) means a development that generates electricity from a wind turbine, either building or tower mounted, including associated control and conversion electronics and tower guy wires, which has a limited generation capacity to be used primarily for the applicants own use. Total height means the highest vertical distance measured from the base of the tower or building at ground level to the top of the turbine at its highest extent. Vertical axis rotor means a wind energy conversion system where the rotor is mounted on an axis perpendicular to the earth's surface. Wire service provider means a company that operates and maintains a distribution system. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 LAND USE BYLAW TOWN OF RAYMOND APPENDIX A APPENDIX A T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW APPENDIX A T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 LAND USE BYLAW TOWN OF RAYMOND APPENDIX A APPENDIX A: Telecommunication Antenna Siting Protocol Exclusion List Industry Canada has determined that certain antenna structures are considered to have minimal impact on the local surroundings and do not require consultation with the Land Use Authority or the public. The following excerpt from Industry Canada's publication, "Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03" lists the types of antenna installations exempted from the requirement to consult with the local land use authority and the public. The installations listed are therefore excluded from Part 3, section 7, Telecommunication Antenna Siting Protocol in the Town of Raymond Land Use Bylaw. Section 6. Exclusions For the following types of installations, proponents are excluded from the requirement to consult with the land use authority and the public, but must still fulfill the General Requirements outlined in section 7 [of CPC-2-0-03]: - maintenance of existing radio apparatus including the antenna system, transmission line, mast, tower or other antenna-supporting structure; - addition or modification of an antenna system (including improving the structural integrity of its integral mast to facilitate sharing), the transmission line, antenna-supporting structure or other radio apparatus to existing infrastructure, a building, water tower, etc. provided the addition or modification does not result in an overall height increase above the existing structure of 25% of the original structure's height; - maintenance of an antenna system's painting or lighting in order to comply with Transport Canada's requirements; - installation, for a limited duration (typically not more than 3 months), of an antenna system that is used for a special event, or one that is used to support local, provincial, territorial or national emergency operations during the emergency, and is removed within 3 months after the emergency or special event; and - new antenna systems, including masts, towers or other antenna-supporting structure, with a height of less than 15 metres above ground level. Individual circumstances vary with each antenna system installation and modification, and the exclusion criteria above should be applied in consideration of local circumstances. Consequently, it may be prudent for the proponents to consult the Land Use Authority and the public even though the proposal meets an exclusion noted above. Therefore, when applying the criteria for exclusion, proponents should consider such things as: - the antenna system's physical dimensions, including the antenna, mast, and tower, compared to the local surroundings; - the location of the proposed antenna system on the property and its proximity to neighbouring residents; - the likelihood of an area being a community-sensitive location; and - Transport Canada marking and lighting requirements for the proposed structure. Proponents who are not certain if their proposed structure is excluded, or whether consultation may still be prudent, are advised to contact the land-use authority and/or Industry Canada for guidance. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW APPENDIX A: T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 LAND USE BYLAW TOWN OF RAYMOND APPENDIX B APPENDIX B T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW APPENDIX B T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 LAND USE BYLAW TOWN OF RAYMOND APPENDIX B APPENDIX B: Excerpts from the Municipal Government Act Statutes of Alberta, 2000, Chapter M-26, as amended (July 1, 2018) Non-conforming use and non-conforming buildings 643(1) If a development permit has been issued on or before the day on which a land use bylaw or a land use amendment bylaw comes into force in a municipality and the bylaw would make the development in respect of which the permit was issued a non-conforming use or non- conforming building, the development permit continues in effect in spite of the coming into force of the bylaw. (2) A non-conforming use of land or a building may be continued but if that use is discontinued for a period of 6 consecutive months or more, any future use of the land or building must conform with the land use bylaw then in effect. (3) A non-conforming use of part of a building may be extended throughout the building but the building, whether or not it is a non-conforming building, may not be enlarged or added to and no structural alterations may be made to it or in it. (4) A non-conforming use of part of a lot may not be extended or transferred in whole or in part to any other part of the lot and no additional buildings may be constructed on the lot while the non-conforming use continues. (5) A non-conforming building may continue to be used but the building may not be enlarged, added to, rebuilt or structurally altered except (a) to make it a conforming building, (b) for routine maintenance of the building, if the development authority considers it necessary, or (c) in accordance with a land use bylaw that provides minor variance powers to the development authority for the purposes of this section. (6) If a non-conforming building is damaged or destroyed to the extent of more than 75% of the value of the building above its foundation, the building may not be repaired or rebuilt except in accordance with the land use bylaw. (7) The land use or the use of a building is not affected by a change of ownership or tenancy of the land or building. Stop order 645(1) Despite section 545, if a development authority finds that a development, land use or use of a building is not in accordance with (a) this Part or a land use bylaw or regulations under this Part, or (b) a development permit or subdivision approval, the development authority may act under subsection (2). T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW APPENDIX B (2) If subsection (1) applies, the development authority may, by written notice, order the owner, the person in possession of the land or building or the person responsible for the contravention, or any or all of them, to (a) stop the development or use of the land or building in whole or in part as directed by the notice, (b) demolish, remove or replace the development, or (c) carry out any other actions required by the notice so that the development or use of the land or building complies with this Part, the land use bylaw or regulations under this Part, a development permit or a subdivision approval, within the time set out in the notice. (2.1) A notice referred to in subsection (2) must specify the date on which the order was made, must contain any other information required by the regulations and must be given or sent to the person or persons referred to in subsection (2) on the same day the decision is made. (3) A person who receives a notice referred to in subsection (2) may appeal to the subdivision and development appeal board in accordance with section 685. Enforcement of stop order 646(1) If a person fails or refuses to comply with an order directed to the person under section 645 or an order of a subdivision and development appeal board under section 687, the municipality may, in accordance with section 542, enter on the land or building and take any action necessary to carry out the order. (2) A municipality may register a caveat under the Land Titles Act in respect of an order referred to in subsection (1) against the certificate of title for the land that is the subject of the order. (3) If a municipality registers a caveat under subsection (2), the municipality must discharge the caveat when the order has been complied with. Municipal inspections and enforcement 542(1) If this or any other enactment or a bylaw authorizes or requires anything to be inspected, remedied, enforced or done by a municipality, a designated officer of the municipality may, after giving reasonable notice to the owner or occupier of land or the structure to be entered to carry out the inspection, remedy, enforcement or action, (a) enter on that land or structure at any reasonable time, and carry out the inspection, enforcement or action authorized or required by the enactment or bylaw, (b) request anything to be produced to assist in the inspection, remedy, enforcement or action, and (c) make copies of anything related to the inspection, remedy, enforcement or action. (1.1) A consent signed under section 653 is deemed to be a reasonable notice for the purposes of subsection (1). (2) The designated officer must display or produce on request identification showing that the person is authorized to make the entry. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 LAND USE BYLAW TOWN OF RAYMOND APPENDIX B (3) In an emergency or in extraordinary circumstances, the designated officer need not give reasonable notice or enter at a reasonable hour and may do the things in subsection (1)(a) and (c) without the consent of the owner or occupant. (4) Nothing in this section authorizes the municipality to remedy the contravention of an enactment or bylaw. Court authorized inspections and enforcement 543(1) If a person (a) refuses to allow or interferes with the entry, inspection, enforcement or action referred to in section 542, or (b) refuses to produce anything to assist in the inspection, remedy, enforcement or action referred to in section 542, the municipality may apply to the Court of Queen's Bench, by way of originating notice, for an order under subsection (2). (2) The Court may issue an order (a) restraining a person from preventing or interfering with the entry, inspection, enforcement or action, or (b) requiring the production of anything to assist in the inspection, remedy, enforcement or action. (3) A copy of the application and a copy of each affidavit in support must be served at least 3 days before the day named in the application for the hearing. (4) In an emergency or in extraordinary circumstances, the Court may hear the application without notice to any person. Adding amounts owing to tax roll 553(1) A council may add the following amounts to the tax roll of a parcel of land: (a) unpaid costs referred to in section 35(4) or 39(2) relating to service connections of a municipal public utility that are owing by the owner of the parcel; (b) unpaid charges referred to in section 42 for a municipal utility service provided to the parcel by a municipal public utility that are owing by the owner of the parcel; (c) unpaid expenses and costs referred to in section 549(3), if the parcel's owner contravened the enactment or bylaw and the contravention occurred on all or a part of the parcel; (d), (e) repealed 1999 c11 s35; (f) costs associated with tax recovery proceedings related to the parcel; (g) if the municipality has passed a bylaw making the owner of a parcel liable for expenses and costs related to the municipality extinguishing fires on the parcel, unpaid costs and expenses for extinguishing fires on the parcel; (g.1) if the municipality has passed a bylaw requiring the owner or occupant of a parcel to keep the sidewalks adjacent to the parcel clear of snow and ice, unpaid expenses and costs incurred by the municipality for removing the snow and ice in respect of the parcel; T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW APPENDIX B (h) unpaid costs awarded by a composite assessment review board under section 468.1 or the Municipal Government Board under section 501, if the composite assessment review board or the Municipal Government Board has awarded costs against the owner of the parcel in favour of the municipality and the matter before the composite assessment review board or the Municipal Government Board was related to the parcel; (h.1) the expenses and costs of carrying out an order under section 646; (i) any other amount that may be added to the tax roll under an enactment. (2) Subject to section 659, when an amount is added to the tax roll of a parcel of land under subsection (1), the amount (a) is deemed for all purposes to be a tax imposed under Division 2 of Part 10 from the date it was added to the tax roll, and (b) forms a special lien against the parcel of land in favour of the municipality from the date it was added to the tax roll. Injunction 554(1) When (a) a structure is being constructed in contravention of an enactment that a municipality is authorized to enforce or a bylaw, (b) a contravention of this Act, another enactment that a municipality is authorized to enforce or a bylaw is of a continuing nature, or (c) any person is carrying on business or is doing any act, matter or thing without having paid money required to be paid by a bylaw, in addition to any other remedy and penalty imposed by this or any other enactment or a bylaw, the municipality may apply to the Court of Queen's Bench for an injunction or other order. (2) The Court may grant or refuse the injunction or other order or may make any other order that in its opinion the justice of the case requires. Municipality's costs in actions 554.1(1) A municipality is entitled to collect lawful costs in all actions and proceedings to which the municipality is a party. (2) The costs of a municipality in an action or proceeding in which the municipality is a party are not to be disallowed or reduced because the municipality's lawyer in the action or proceeding is an employee of the municipality. General offences 557(1) A person who contravenes or does not comply with (a) a provision of this Division, (a.1) a provision of Part 17 or the regulations under Part 17, (a.2) a land use bylaw as defined in Part 17, (a.3) an order under section 645, T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 LAND USE BYLAW TOWN OF RAYMOND APPENDIX B (a.4) a development permit or subdivision approval or a condition of a permit or approval under Part 17, (a.5) a decision of a subdivision and development appeal board or the Municipal Government Board under Part 17, (a.6) section 436.24, (b) a direction or order of the Minister, (c) an order under section 545, 546, 551 or 567, or (d) section 436.05, or who obstructs or hinders any person in the exercise or performance of the person's powers under Part 17 or the regulations under Part 17, is guilty of an offence. DEVELOPMENT APPEALS Permit 683 Except as otherwise provided in a land use bylaw, a person may not commence any development unless the person has been issued a development permit in respect of it pursuant to the land use bylaw. Permit deemed refused 684(1) The development authority must make a decision on the application for a development permit within 40 days after the receipt by the applicant of an acknowledgment under section683.1(5) or (7) or, if applicable, in accordance with a land use bylaw made pursuant to section 640.1(b). (2) A time period referred to in subsection (1) may be extended by an agreement in writing between the applicant and the development authority. (3) If the development authority does not make a decision referred to in subsection (1) within the time required under subsection (1) or (2), the application is, at the option of the applicant, deemed to be refused. (4) Section 640(5) does not apply in the case of an application that was deemed to be refused under section 683.1(8). Grounds for appeal 685(1) If a development authority (a) fails or refuses to issue a development permit to a person, (b) issues a development permit subject to conditions, or (c) issues an order under section 645, the person applying for the permit or affected by the order under section 645 may appeal to the subdivision and development appeal board. (2) In addition to an applicant under subsection (1), any person affected by an order, decision or development permit made or issued by a development authority may appeal to the subdivision and development appeal board. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW APPENDIX B (3) Despite subsections (1) and (2), no appeal lies in respect of the issuance of a development permit for a permitted use unless the provisions of the land use bylaw were relaxed, varied or misinterpreted or the application for the development permit was deemed to be refused under section 683.1(8). (4) Despite subsections (1), (2) and (3), if a decision with respect to a development permit application in respect of a direct control district (a) is made by a council, there is no appeal to the subdivision and development appeal board, or (b) is made by a development authority, the appeal is limited to whether the development authority followed the directions of council, and if the subdivision and development appeal board finds that the development authority did not follow the directions it may, in accordance with the directions, substitute its decision for the development authority's decision. Appeals 686(1) A development appeal to a subdivision and development appeal board is commenced by filing a notice of the appeal, containing reasons, with the board (a) in the case of an appeal made by a person referred to in section 685(1) (i) with respect to an application for a development permit, (A) within 21 days after the date on which the written decision is given under section 642, or (B) if no decision is made with respect to the application within the 40-day period, or within any extension of that period under section 684, within 21 days after the date the period or extension expires, or (ii) with respect to an order under section 645, within 21 days after the date on which the order is made, or (b) in the case of an appeal made by a person referred to in section 685(2), within 21 days after the date on which the notice of the issuance of the permit was given in accordance with the land use bylaw. (2) The subdivision and development appeal board must hold an appeal hearing within 30 days after receipt of a notice of appeal. (3) The subdivision and development appeal board must give at least 5 days' notice in writing of the hearing (a) to the appellant, (b) to the development authority whose order, decision or development permit is the subject of the appeal, and (c) to those owners required to be notified under the land use bylaw and any other person that the subdivision and development appeal board considers to be affected by the appeal and should be notified. T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 LAND USE BYLAW TOWN OF RAYMOND APPENDIX B (4) The subdivision and development appeal board must make available for public inspection before the commencement of the hearing all relevant documents and materials respecting the appeal, including (a) the application for the development permit, the decision and the notice of appeal, or (b) the order under section 645. (4.1) Subsections (1)(b) and 3(c) do not apply to an appeal of a deemed refusal under section 683.1(8). (5) In subsection (3), "owner" means the person shown as the owner of land on the assessment roll prepared under Part 9. Hearing and decision 687(1) At a hearing under section 686, the subdivision and development appeal board must hear (a) the appellant or any person acting on behalf of the appellant, (b) the development authority from whose order, decision or development permit the appeal is made, or a person acting on behalf of the development authority, (c) any other person who was given notice of the hearing and who wishes to be heard, or a person acting on behalf of that person, and (d) any other person who claims to be affected by the order, decision or permit and that the subdivision and development appeal board agrees to hear, or a person acting on behalf of that person. (2) The subdivision and development appeal board must give its decision in writing together with reasons for the decision within 15 days after concluding the hearing. (3) In determining an appeal, the subdivision and development appeal board (a) must act in accordance with any applicable ALSA regional plan; (a.1) must comply with any applicable land use policies; (a.2) subject to section 638, must comply with any applicable statutory plans; (a.3) subject to clauses (a.4) and (d), must comply with any land use bylaw in effect; (a.4) must comply with the applicable requirements of the regulations under the Gaming, Liquor and Cannabis Act respecting the location of premises described in a cannabis licence and distances between those premises and other premises; (b) must have regard to but is not bound by the subdivision and development regulations; (c) may confirm, revoke or vary the order, decision or development permit or any condition attached to any of them or make or substitute an order, decision or permit of its own; (d) may make an order or decision or issue or confirm the issue of a development permit even though the proposed development does not comply with the land use bylaw if, in its opinion, (i) the proposed development would not T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW APPENDIX B (A) unduly interfere with the amenities of the neighbourhood, or (B) materially interfere with or affect the use, enjoyment or value of neighbouring parcels of land, and (ii) the proposed development conforms with the use prescribed for that land or building in the land use bylaw. (4) In the case of an appeal of the deemed refusal of an application under section 683.1(8), the board must determine whether the documents and information that the applicant provided met the requirements of section 683.1(2). T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 LAND USE BYLAW TOWN OF RAYMOND APPENDIX C APPENDIX C T o w n o f R a y m o n d L U B N o . 9 8 7 - 1 1 TOWN OF RAYMOND LAND USE BYLAW APPENDIX C OFFICE OF COMMUNITY DEVELOPMENT 15 BROADWAY SOUTH, P.O. BOX 629, P (403) 752.3322 F (403) 752.4379 RAYMOND, AB, T0K 2S0 www.raymond.ca DEVELOPMENT APPLICATION FORM A Application # _____________________ Land Use District: __________________________ Received By: _____________________ Additional Information Attached:  Yes  No Date Received: ____________________ Application Fee: ___________ (Non-Refundable) ______________________________________________________________________________ Applicant will complete the rest of the form: I/WE hereby make application under the provisions of the LAND USE BYLAW No. 987-11 to develop or use land and/or buildings in accordance with the plans and information submitted, which form a part of this application. Applicants Name: _________________________________ Phone: _______________________ Street Address: ___________________________________ Box #: _______________________ Registered Owner's Name: __________________________ Alt Phone: ____________________ PROPOSED DEVELOPMENT Street Address (if different form above): __________________________________________________________ Legal Description: Plan ________________ Block ____________ Lot(s) __________________ Proposed Development: __________________________________________________________ For Accessory Building: Square Footage: ___________________ Height:_________________ Setback: Rear yard ___________ Nearest Side yard _________ % of lot occupied: _________ Combined % of lot occupied (existing accessories): ____________________________________ For Main Building: Height: __________________ Percentage of lot occupied: _____________ Sq Footage: Note: you may only proceed with that portion of development, which has been accounted for here Main Floor ____________ Upper Floor ____________ Basement (if developed) ____________ Garage _____________ Decks ___________ Other (specify) ___________________________ Additional Application Requirements:  Site Plan (two sets)  Drainage Plan  Building Plans (three sets) I hereby apply for permission to carry out the development described above and/or on the attached plans and specifications. I further certify that the owner of the land described above is aware of this application. Signature of Applicant: _______________________________ Date: ___________________ OFFICE OF COMMUNITY DEVELOPMENT 15 BROADWAY SOUTH, P.O. BOX 629, P (403) 752.3322 F (403) 752.4379 RAYMOND, AB, T0K 2S0 www.raymond.ca MUNICIPAL PLANNING COMMISSION (MPC) DISCRETIONARY DEVELOPMENT APPLICATION FORM B Application # ___________________ Land Use District: ___________________________ Received By: ___________________ Additional Information Attached:  Yes  No Date Received: __________________ Application Fee: $100.00 (Non-Refundable) ______________________________________________________________________________ Applicant will complete the rest of the form: I / WE hereby make application under the provisions of the LAND USE BYLAW No. 987-11 to the Raymond Development Authority for a Discretionary Use Permit, which includes if applicable any application for a waiver of a Land Use Bylaw regulation. Applicants Name: _________________________________ Phone: _______________________ Mailing Address (Box #): ___________________________ Alt Phone: ____________________ Application For: __________________________________ Purpose of Discretionary Development: ______________________________________________ PROPOSED DISCRETIONARY DEVELOPMENT Development Street Address: ______________________________________________________ Legal Description: Plan ________________ Block ____________ Lot(s) __________________ Those Affected: _________________________________________________________________ Application Details: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Description of Additional Materials Attached: ______________________________________________________________________________ ______________________________________________________________________________ I/We hereby certify that the information contained in this application, included any further information contained in attached materials is to the best of my knowledge true. Signature of Applicant: _______________________________ Date: ___________________ OFFICE OF COMMUNITY DEVELOPMENT 15 BROADWAY SOUTH, P.O. BOX 629, P (403) 752.3322 F (403) 752.4379 RAYMOND, AB, T0K 2S0 www.raymond.ca HOME BUSINESS LICENSE (Home Occupation) FORM C Application # ________________________ Land Use District: _______________________ Application Fee: _____________________ Received By ____________________________ Date Received: _______________________ ______________________________________________________________________________ Applicant will complete the rest of the form: I / WE hereby make application under the provisions of the LAND USE BYLAW No. 987-11 to apply for a permit to operate a home occupation. Applicants Name: ____________________________________ Phone: ____________________ Street Address: _____________________________ Mailing Address (Box): _______________ Legal Description: Lot: ________________ Block: ___________ Plan: __________________ Registered Owner's Name (if different): ____________________ Phone: ____________________ Name of Business: ______________________________________________________________ Proposed Occupation: ____________________________________________________________ Summary of Proposed Occupation: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Type of Operation: Location on Site: Storage Requirements: Additional Requirements:  Phone and Office  Main Building  Indoor  Water  Retail Sales  Accessory Building  Outdoor  Sewer  Manufacturing  Outside  Waste Material  Service  Off-street Parking (Amount____)  Other  On-street Parking (Amount____) Noxious or Hazardous substance or waste: Display Requirements:  Yes  No  Signs  Other Signature of Applicant: _______________________________ Date: ___________________ OFFICE OF COMMUNITY DEVELOPMENT 15 BROADWAY SOUTH, P.O. BOX 629, P (403) 752.3322 F (403) 752.4379 RAYMOND, AB, T0K 2S0 www.raymond.ca OCCUPANCY PERMIT DEVELOPMENT APPLICATION FORM D Application # ____________________________ Land Use District: _____________________ Development Permit ______________________ Date Issued: __________________________ Type of New Building: ____________________ Received By: _________________________ Application Fee: ____________ (Non-Refundable) Paid / Payment Type ___________________ ______________________________________________________________________________ Applicant will complete this portion [in black] of the form: Applicants Name: ________________________________ Phone:_______________________ Reg. Owner's Name (if different): ___________________ Phone:_______________________ Street Address: __________________________________ Box #: _______________________ Legal Description: Lot(s) ______________ Block ____________ Plan ___________________ Planned Occupancy Date: _______________________________ I hereby make this application for Occupancy for the above-named land and apply for permission to occupy the above-named new building. I further certify that the owner of the land described above is aware of this application. Signature of Applicant: _______________________________ Date: ___________________ ______________________________________________________________________________ FOR INTERNAL OFFICE USE ONLY  Water Meter Installed: ________________________________ RF#: ___________________________  Final Inspection Passed: _________________________ Date: __________________________  New Account established with Corporate Services: _______________________________ Comments: OFFICE OF COMMUNITY DEVELOPMENT 15 BROADWAY SOUTH, P.O. BOX 629, P (403) 752.3322 F (403) 752.4379 RAYMOND, AB, T0K 2S0 www.raymond.ca SIGN APPLICATION FORM E Application # _______________________ Land Use District: _____________________________ Received By: _______________________ Additional Information Attached:  Yes  No Date Received: ______________________ Application Fee: _______________ (Non-Refundable) ______________________________________________________________________________ Applicant will complete the rest of the form: I/WE hereby make application under the provisions of the LAND USE BYLAW No. 987-11 to construct a sign in accordance with the plans and information submitted, which form a part of this application. Applicants Name: _____________________________________ Phone: _________________________ Street Address: _______________________________________ Box #: _________________________ Registered Owner's Name: ______________________________ Alt Phone: ______________________ PROPOSED SIGN Sign Street Address (if different form above): _______________________________________________ Legal Description: Plan ____________________ Block _____________ Lot(s) ___________________ SIGN TYPE: SIGN CHARACTERISTICS:  Canopy or awning (1)  Electrified  Fascia (2)  Non-electrified  Freestanding (3)  Indirect Illumination  Monument (4)  Internal Illumination  Portable and sidewalk(5)  Direct Illumination  Roof (6)  Animated  Mural (7)  Electronic Message Board  Off-premises (8)  Window (9) What is the exact message content that will appear on the sign? ___________________________________________________________________________________ OFFICE OF COMMUNITY DEVELOPMENT 15 BROADWAY SOUTH, P.O. BOX 629, P (403) 752.3322 F (403) 752.4379 RAYMOND, AB, T0K 2S0 www.raymond.ca Dimensions Office Use Length of Sign:  m  ft Width of Sign:  m  ft Sign Face Area (length x width):  m2  ft2 Top of Sign Height: from Grade:  m  ft from Roof:  m  ft Provide details regarding the extent of the projection, if the sign is to be attached to a building: ___________________________________________________________________________________ Provide details regarding the size, height, dimensions and material type for any supporting structures: ___________________________________________________________________________________ If the sign is for a temporary use: How many days is the sign proposed to be displayed? ___________days EXISTING SIGNS Are there any other signs at this location?  Yes  No If yes, what type(s) and number of signs are currently on the property? ___________________________________________________________________________________ Additional Application Requirements:  Site Plan (two sets) including:  Location of all existing and proposed sign(s) dimensioned to all property lines  Size, height, and other dimensions of the proposed sign(s), including any supporting structures  Projection (if any)  Setbacks from existing buildings I hereby apply for permission to carry out the development described above and/or on the attached plans and specifications. I further certify that the owner of the land described above is aware of this application. Signature of Applicant: ____________________________________ Date: _____________________ OFFICE OF COMMUNITY DEVELOPMENT 15 BROADWAY SOUTH, P.O. BOX 629, P (403) 752.3322 F (403) 752.4379 RAYMOND, AB, T0K 2S0 www.raymond.ca LAND USE BYLAW AMENDMENT APPLICATION FORM F Received By: ___________________ Additional Information Attached:  Yes  No Date Received: __________________ Application Fee: ________________ (Non-Refundable) Applicants Name: _____________________________________________________ Address: _____________________________________________________________ Phone # _____________________________________________________________ Registered Owners Name (if not applicant): _______________________________ Address: _____________________________________________________________ Applicants interest if not the registered owner: ____________________________ (Option - Lease - Other) Legal Description of Land: Lot(s) __________ Block _______ Plan _________ Quarter _______ Section _________ Township ________ Range ________ Street Address (if applicable) ________________________________________ *Information requirements are outlined in Part 1, sections 49-51 of the Town of Raymond Land Use Bylaw No. 987-11 Signature of Applicant: _______________________________ Date: ___________________  Approved by Amending Bylaw No. ________ Third and Final Reading Date ____________  Refused (date) _____________________ Page 1 of 2 APPENDIX A FEES Whereas council, in accordance with the Act is authorized to establish any fee and procedural matter as council considers necessary; now therefore council establishes the following fees: 1. DEVELOPMENT APPLICATION FEES (a) Minimum Fee Unless a greater fee is required by Sections 1(b) or 1(c) below, the minimum development application fee is: ............................................... $50 (b) Fee for Permitted Use Not Requiring Waiver Minimum Fee: ........................................................................................... $50 Plus for new Construction: i. $10 Fee for 0 - $50,000 value1 of development; or ii. $50 Fee for $50,001 to $100,000 value of development; or iii. $100 Fee for value of development in excess of $100,000. (c) Fee for Discretionary Use or Permitted Use Requiring a Waiver Minimum Fee: ......................................................................................... $100 Plus for new Construction (if approved): i. $10 Fee for 0 - $50,000 value of development; or ii. $50 Fee for $50,001 to $100,000 value of development; or iii. $100 Fee for value of development in excess of $100,000. 2. OCCUPANCY PERMIT Upon completion of a new dwelling, an Occupancy Permit must be acquired prior to occupancy. The application fees are as follows: (a) $0 - regular fee, if prior to the commencement of occupancy (b) $100 - Late Occupancy fee for applications submitted after Occupancy has already commenced 3. LATE APPLICATION FEE For applications made after a development has already commenced, the following late fees will be applied: (a) $50 Fee for 0 - $50,000 value of development; or (b) $250 Fee for $50,001 to $100,000 value of development; or (c) $500 Fee for value of development in excess of $100,000. 4. SUBDIVISION EXTENSION FEE For applications made after a development has already commenced, the following late fees will be applied: (a) $100 Fee for the first extension application (b) $300 Fee for every addition extension application Page 2 of 2 5. LETTER OF COMPLIANCE If a person requests a letter or a certificate of compliance from the municipality confirming that a use of land and/or building conforms with the land use bylaw, then the request shall be accompanied by and subject to a $50 application fee. 6. LAND USE BYLAW AMENDMENT If a request or an application is made to council for an amendment to the land use bylaw it shall be accompanied by and subject to a $500 fee. 7. DEVELOPMENT APPEALS If an appeal is made to the Subdivision and Development Appeal Board (SDAB) on any decision of the Development Authority it shall be accompanied by and subject to a $100 appeal fee. 8. FEES NON-REFUNDABLE A fee established in this appendix shall be non-refundable in whole or in part. 9. AMENDMENT OF FEES Council may by resolution amend the fees established herein from time to time. 1 Construction values will be based on the Alberta Permit Pro equation for calculating Construction Values