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B2-1
Bylaw 2022/26
Last Revised November 12, 2024
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to facilitate double-sided printing
TABLE OF CONTENTS
PART 1
Enactment And Administration .............................................................................................................. 1-1
Section 11
Title .................................................................................................................................................... 1-1
Section 12
Purpose .............................................................................................................................................. 1-1
Section 13
Application ......................................................................................................................................... 1-1
Section 14
Effective Date ..................................................................................................................................... 1-1
Section 15
Other Legislative Requirements ........................................................................................................ 1-1
PART 2
Interpretation ............................................................................................................................................ 2-1
Section 16
Units of Measurement ........................................................................................................................ 2-1
Section 17
Rules of Interpretation ........................................................................................................................ 2-1
Section 18
Definitions .......................................................................................................................................... 2-2
PART 3
Planning Authorities ................................................................................................................................ 3-1
Section 11
Development Authority ....................................................................................................................... 3-1
Section 12
Development Officer .......................................................................................................................... 3-1
Section 13
Municipal Planning Commission ........................................................................................................ 3-2
Section 14
Subdivision and Development Appeal Board .................................................................................... 3-2
Section 15
Subdivision Authority and Subdivision of Land .................................................................................. 3-2
PART 4
Development Application ........................................................................................................................ 4-1
Section 16
Control of Development ..................................................................................................................... 4-1
Section 17
When a Development Permit is Not Required ................................................................................... 4-1
Section 18
Restrictions on Issuance of a Development Permit ........................................................................... 4-2
Section 19
Non-Conforming Buildings and Uses ................................................................................................. 4-2
Section 20
Application for Development Permit .................................................................................................. 4-3
Section 21
Application for Demolition .................................................................................................................. 4-5
Section 22
Decision, Cancellation, Suspension or Revocation ........................................................................... 4-5
Section 23
Temporary Permits ............................................................................................................................ 4-6
Section 24
Variance Authority .............................................................................................................................. 4-6
Section 25
Fees ................................................................................................................................................... 4-8
Section 26
Development Permit Referrals ........................................................................................................... 4-8
Section 27
Development Permit Conditions ........................................................................................................ 4-8
Section 28
Notice and Validity of Decision .......................................................................................................... 4-9
Section 29
Appealing a Decision ....................................................................................................................... 4-10
Section 30
The Appeal Process ......................................................................................................................... 4-11
PART 5
Amending the Bylaw ................................................................................................................................ 5-1
Section 31
Bylaw Amendments ........................................................................................................................... 5-1
Section 32
Contents of an Amended Application ................................................................................................ 5-1
Section 33
The Amendment Process .................................................................................................................. 5-1
PART 6
Contravention and Enforcement ............................................................................................................ 6-1
Section 34
Contravention ..................................................................................................................................... 6-1
Section 35
Stop Order ......................................................................................................................................... 6-1
Section 36
Offences and Penalties ...................................................................................................................... 6-1
PART 7
General Regulations ............................................................................................................................... 7-1
Section 37
Applicability ....................................................................................................................................... 7-1
Section 38
Accessory Buildings and Uses ......................................................................................................... 7-1
Section 39
Bed and Breakfast Facility and Guest Ranch ................................................................................... 7-2
Section 40
Boarding Facility ............................................................................................................................... 7-2
Section 41
Building Design, Character and Appearance.................................................................................... 7-2
Section 42
Communication Towers .................................................................................................................... 7-3
Section 43
Corner Lot Restrictions ..................................................................................................................... 7-4
Section 44
Decks ................................................................................................................................................ 7-5
Section 45
Development Setbacks from Water Bodies and Slopes ................................................................... 7-5
Section 46
Development Setbacks from Rural Roads / Highways ..................................................................... 7-6
Section 47
Dwelling Units On A Parcel ............................................................................................................... 7-7
Section 47a
Clustered Farm Dwellings ................................................................................................................. 7-8
Section 48
Easements ........................................................................................................................................ 7-8
Section 48a
Environmental Review in Environmentally Significant Areas ........................................................... 7-9
Section 49A
Excavation (Does Not Include Sand and Gravel Mining) ................................................................. 7-9
Section 49B
Construction Site Preparation (Incidental to an Approved Development) ...................................... 7-10
Section 50
Fencing and Screening ................................................................................................................... 7-11
Section 51
Historic Significance and Airport Vicinity Overlays ......................................................................... 7-12
Section 52
Home Business ............................................................................................................................... 7-12
Section 52a
Hydrovac Waste Disposal Facility .................................................................................................. 7-14
Section 53
Kennels ........................................................................................................................................... 7-15
Section 54
General Landscaping Regulations .................................................................................................. 7-16
Section 55
Lighting............................................................................................................................................ 7-19
Section 56
Lot Grading & Drainage .................................................................................................................. 7-19
Section 56a
Cannabis Production Facility .......................................................................................................... 7-19
Section 56b
Cannabis Retail Sales ..................................................................................................................... 7-20
Section 57
Moved-In Buildings ......................................................................................................................... 7-20
Section 58
Section 58 Number of Principal Buildings on a Parcel ................................................................... 7-21
Section 59
Objects Prohibited or Restricted In Yards ....................................................................................... 7-21
Section 60
Permitted Encroachments............................................................................................................... 7-22
Section 61
Recreational Vehicle Park / Campground ....................................................................................... 7-24
Section 61B
Warehousing and Storage - Recreational Vehicles ....................................................................... 7-26
Section 62
Satellite Dish and Amateur Radio Antennas................................................................................... 7-27
Section 63
Secondary Suites ............................................................................................................................ 7-28
Section 63A
Garden Suites ................................................................................................................................. 7-28
Section 64
Security/Operator Residential Unit ................................................................................................. 7-29
Section 65
Site Design ...................................................................................................................................... 7-29
Section 66
Work Camps ................................................................................................................................... 7-29
Section 66a
Wind Energy Conversion System (WECS) ..................................................................................... 7-30
Section 66b
Solar Energy ................................................................................................................................... 7-32
PART 8
Parking And Loading Facilities ............................................................................................................. 8-1
Section 67
General Regulations ......................................................................................................................... 8-1
Section 68
Residential Uses ............................................................................................................................... 8-1
Section 69
Non-Residential Uses ....................................................................................................................... 8-2
Section 70
Parking Requirements ...................................................................................................................... 8-2
Section 71
Number of Vehicle Parking Stalls Required ...................................................................................... 8-4
Section 72
On-site Loading Requirements ......................................................................................................... 8-8
Section 73
Multi-Use Or Mixed Use Developments ............................................................................................ 8-9
Section 74
Combined or Shared Parking ........................................................................................................... 8-9
Section 75
Access To Sites ................................................................................................................................ 8-9
Section 76
Vehicular-Oriented Uses ................................................................................................................. 8-10
Section 77
VEHICLE Parking Spaces And Loading Zones For Physically Disabled Persons ......................... 8-10
Section 78
Number of Bicycle Parking Stalls Required .................................................................................... 8-11
PART 9
Signs......................................................................................................................................................... 9-1
Section 9
Sign Definitions ................................................................................................................................. 9-1
Section 79
Sign Regulation Procedures ............................................................................................................. 9-4
Section 80
Sign Permit and Requirements ......................................................................................................... 9-4
Section 81
Signs Not Requiring A Sign Permit ................................................................................................... 9-5
Section 82
Sign Owner's Responsibility ............................................................................................................. 9-6
Section 83
Structural Provisions ......................................................................................................................... 9-6
Section 84
Safety Provisions .............................................................................................................................. 9-7
Section 85
Illumination Provisions ...................................................................................................................... 9-7
Section 86
Sign Projection / Encroachment Over County Property ................................................................... 9-7
Section 87
Offensive Signage ............................................................................................................................. 9-8
Section 88
Permitted and Discretionary Signs ................................................................................................... 9-8
Section 89
A-Board Signs ................................................................................................................................... 9-8
Section 90
Awning & Canopy Signs ................................................................................................................... 9-9
Section 91
Billboards ........................................................................................................................................ 9-10
Section 92
Fascia Signs ................................................................................................................................... 9-11
Section 93
Freestanding Signs and Freestanding Monument Signs ................................................................ 9-11
Section 94
Portable and Inflatable Signs .......................................................................................................... 9-13
Section 94A
TEMPORARY SIGNS ..................................................................................................................... 9-13
Section 95
Projecting Signs .............................................................................................................................. 9-13
Section 96
Subdivision Identification Sign ........................................................................................................ 9-15
Section 97
Wall Signs ....................................................................................................................................... 9-15
Section 98
Prohibited Signs .............................................................................................................................. 9-15
Section 99
Roadside Advertising Signs ............................................................................................................ 9-16
PART 10
Land Use Districts ................................................................................................................................. 10-1
Section 100
Establishment of Land Use Districts ............................................................................................... 10-1
PART 11
Agricultural District (Ag) ...................................................................................................................... 11-1
PART 12
Country Residential District (R-1) ....................................................................................................... 12-1
Part 12a
Live-Work Rural Residential District (R-1M)....................................................................................... 12-3
PART 13
Estate Residential District (R-2) .......................................................................................................... 13-1
PART 14
Residential Low Density District (R-3) ................................................................................................ 14-1
PART 15
Residential Medium Density District (R-4).......................................................................................... 15-1
PART 16
Comprehensive Residential District (R-5) .......................................................................................... 16-1
PART 17
Resort Residential District (R-6) .......................................................................................................... 17-1
PART 18
Condominium Resort Residential District (R-7) ................................................................................ 18-1
PART 19
Manufactured Home Park District (R-8) .............................................................................................. 19-1
PART 20
Comprehensive Town Centre District (CTC) ...................................................................................... 20-1
PART 21
General Commercial District (C-2) ...................................................................................................... 21-1
PART 22
Highway Commercial District (C-3) ..................................................................................................... 22-1
PART 23
Business Service Commercial District (C-4) ...................................................................................... 23-1
PART 24
Commercial Recreation District (C-5) ................................................................................................. 24-1
PART 25
Neighbourhood Commercial (C-6) ...................................................................................................... 25-1
PART 26
Mixed Residential - Commercial (C-7) ................................................................................................. 26-1
PART 27
Commercial Core (C-8) ......................................................................................................................... 27-1
PART 28
Business Service Industrial District (BSI) .......................................................................................... 28-1
PART 29
Medium Industrial District (MI) ............................................................................................................ 29-1
PART 30
Heavy Industrial District (HI) ................................................................................................................ 30-1
PART 31
Business Service Airport District (BSA) ............................................................................................. 31-1
PART 32
Public Services District (PS) ................................................................................................................ 32-1
PART 33
Public Utility District (PU)..................................................................................................................... 33-1
PART 34
Direct Control District (DCD) ............................................................................................................... 34-1
DCD #1
Crossroads Gas Co-op Ltd ............................................................................................................. 34-3
DCD #2
Heavy Duty Mechanic Shop / Sign ................................................................................................. 34-7
DCD #3
Sandy Cove at Pine Lake ............................................................................................................. 34-11
DCD #4
Hamlet of Springbrook .................................................................................................................. 34-17
DCD #5
Red Deer River Retreat Association & West Dixon Wilderness Association ................................ 34-31
DCD #6
Dickson Cove ................................................................................................................................ 34-39
DCD #7
Hamlet of Benalto ......................................................................................................................... 34-45
DCD #8
Hidden Springs ............................................................................................................................. 34-59
DCD #9
Liberty Crossing at Gasoline Alley West Urban Design Plan ....................................................... 34-63
DCD #9A
Liberty Landing ............................................................................................................................. 34-67
DCD #10
Fleming Subdivision ....................................................................................................................... 34-75
DCD #11
Trucking Business .......................................................................................................................... 34-81
DCD #12
Trucking Terminal & Nitrogen Storage Tank ................................................................................. 34-85
DCD #13
Outdoor Adventure Challenge Course ........................................................................................... 34-89
DCD #14
Outdoor Storage ............................................................................................................................ 34-93
DCD #15
Vehicle/RV Storage & Self Storage ............................................................................................... 34-97
DCD # 16
Horse Breeding & Organic Herb Business .................................................................................. 34-101
DCD #17
RV Storage .................................................................................................................................. 34-105
DCD # 18
Equestrian Centre & Stables ....................................................................................................... 34-109
DCD #19
Assembly / Manufacturing & Outdoor Storage ............................................................................ 34-113
DCD #20
Church / Monastery & Community Facility ................................................................................... 34-117
DCD #21
Carefree Resort ........................................................................................................................... 34-123
DCD #22
Heavy Equipment Training Facility .............................................................................................. 34-129
DCD #23
Heavy Equipment & Truck Sales and Rentals & Heavy Equipment Service / Repair ................. 34-133
DCD # 24
Agricultural Supply Depot ............................................................................................................ 34-137
DCD #25
Neighbourhood Commercial ........................................................................................................ 34-141
DCD #26
Dairy Manufacturing And Supply ................................................................................................. 34-145
PART 35
Land Use District Maps ......................................................................................................................... 35-1
PART 36
Schedule A - Gravel Extraction Overlay District ................................................................................ 36-1
PART 37
Schedule B - Historic Significance Overlay District .......................................................................... 37-1
PART 38
Schedule C - Red Deer Regional Airport Vicinity Overlay Regulations .......................................... 38-1
1-1
PART 1
ENACTMENT AND ADMINISTRATION
SECTION 11 TITLE
1.1
This Bylaw is entitled the Red Deer County Land Use Bylaw.
SECTION 12 PURPOSE
2.1
The purpose of this Bylaw is to regulate the use and development of land and buildings in Red
Deer County pursuant to Part 17 of the Municipal Government Act.
SECTION 13 APPLICATION
3.1
The provisions of this Bylaw apply to all lands and buildings within the boundaries of the County,
pursuant to Part 17 of the Municipal Government Act.
3.2
No person shall commence any development within the County except in compliance with this
Bylaw.
SECTION 14 EFFECTIVE DATE
4.1
This Bylaw comes into force and takes effect upon the date of its third reading.
4.2
Land Use Bylaw 2006/6 as amended is hereby repealed.
SECTION 15 OTHER LEGISLATIVE REQUIREMENTS
5.1
Compliance with the requirements of this Bylaw does not exempt any person from the
requirements of any statutory plan.
5.2
Nothing in this Bylaw exempts a person from obtaining a development permit as required by this
Bylaw or obtaining any other permit, license or other authorization required by this or any other
Bylaw.
5.3
In addition to this Bylaw's requirements, a person must comply with all federal, provincial and
other municipal legislation.
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PART 2
INTERPRETATION
SECTION 16 UNITS OF MEASUREMENT
6.1
All measurements in the Bylaw are metric. Approximate imperial measures are shown as
information only.
SECTION 17 RULES OF INTERPRETATION
7.1
Words used in the present tense include the other tenses and derivative forms. Words used in
the singular include the plural and vice versa. Words have the same meaning whether they are
capitalized or not.
7.2
The words shall and must require mandatory compliance except where a variance has been
granted pursuant to the Act or this Bylaw.
7.3
Words, phrases and terms not defined in this part may be given their definition in existing
legislation and regulations, such as the Act or the Alberta Building Code. Other words shall be
given their usual and customary meaning.
7.4
Where a regulation involves two or more conditions or provisions connected by a conjunction
and it means that all the connected items shall apply in combination; or indicates that the
connected items may apply singly or in combination; and and/or indicated the items shall apply
singly or in combination.
2-2
SECTION 18 DEFINITIONS
8.1
The following definitions shall be uses in this Land Use Bylaw:
Above Ground Parkade means a multilevel structure designed specifically for the parking of motorized
vehicles.
Accessory Building and Accessory Use means a building or use which:
a)
is naturally and normally incidental, subordinate and exclusively devoted to a principal building or
principal use;
b)
is subordinate in area, extent or purpose to the principal building or principal use; and
c)
is located on the same site as the principal building or use. This includes buildings within a
condominium development or apartment building that are intended for use by all occupants of the
principal building and are ancillary to the principal use, for example recreation room, convenience store,
Laundromat, washroom, and similar uses.
Act means the Municipal Government Act R.S.A. 2000, C.M - 26, and regulations thereunder, as amended
from time to time.
Adjacent refers to lands that are next to the parcel of land that is subject to a development permit or
subdivision application and includes lands that would be next to that parcel if not for a river, stream, railway,
road, land, utility right-of-way, public utility lot or reserve land.
Aggregate means gravel, sand, clay, earth, shale, marl, peat, stone, or other non-mineral natural resources.
Aggregate Processing means the use of lands or buildings where aggregate is extracted from another
location, transported to site, and processed (i.e., crushed, washed, cleaned, sifted, sorted, combined with other
aggregates, stockpiled and/or packaged). This includes asphalt processing plants and wholesale or retail
sales of aggregates and aggregate products. This use does not include Aggregate Removal.
Aggregate Removal means the onsite extraction from the subject site of aggregate materials found on or
under the subject site or accessible from the subject site. Typical uses include, but are not limited to, gravel
pits, sand pits, clay pits, coal mining and topsoil stripping. This use includes processing, i.e., crushing,
washing, cleaning, sifting, sorting, and combining with other aggregates.
Agricultural Operation means either an extensive or intensive agriculture activity (other than a confined
feeding operation) conducted on agricultural land for gain or reward and includes:
a)
the cultivation of land,
b)
the raising of livestock, including game-production animals within the meaning of the Livestock Industry
Diversification Act and poultry, with the exception that raising of wild boars is prohibited
c)
the raising of fur-bearing animals, pheasants, or fish,
d)
the production of agricultural field crops,
e)
the production of fruit, vegetables, sod, trees, shrubs, and other specialty horticultural crops,
f)
the production of eggs and milk,
g)
the production of honey,
h)
the operation of agricultural machinery and equipment, including irrigation pumps, and
i)
the application of fertilizers, manure, insecticides, pesticides, fungicides and herbicides, including
application by ground and aerial spraying, for agricultural purposes.
Agricultural Supply Depot means a facility for the purpose of supplying goods, materials, and/or services that
support agricultural uses, whether retail, wholesale, or in bulk. Include goods and services such as selling and
storing seeds, feeds, fertilizers, chemical products, fuels, and lubricants. It also includes parts, rental, sale,
2-3
repair and servicing of farm machinery and equipment but does not include the buying or selling of farm
produce or animals.
Airport means an area of land or other supporting surface used or designed, prepared, equipped or set apart
for use either in whole or in part for the arrival and departure, movement or servicing of aircrafts. It includes
any building, installations and equipment in connection, in addition to that, and for which an airport licence has
been issued by the Federal Ministry of Transport.
Aisle means that portion of a parking lot or structure that accommodates the circulation of vehicles.
Alluvial Aquifer means shallow flowing water bearing deposits within loose material such as silt, gravel, and
sand.
Amateur Radio Antenna means an installation consisting of an antenna or an antenna array mounted on a
metal tower or support structure, designed for the reception and transmission of radio signals by federally
licensed amateur radio operators.
Apartment means a development consisting of three or more dwelling units contained on a single lot within a
building in which the dwelling units are arranged in a horizontal or vertical configuration which shares a
common hallway and access.
Area Redevelopment Plan means a statutory plan prepared pursuant to the Municipal Government Act. The
timeline for build out may be related to an implementation program or be general. It provides a framework for
the preservation, rehabilitation, removal and replacement of buildings and for the construction of new buildings,
and for rezoning and subdivision of lands to facilitate this process.
Area Structure Plan means a major or local statutory plan prepared pursuant to Section 63 of the Municipal
Government Act.
Asphalt Paving Plant means a plant that manufactures hot mix asphalt through the mixing of aggregate and
liquid asphalt and recycled asphalt material. It also includes a portable asphalt paving plant.
Auction Mart - No Livestock means a building or lands, or portion thereof used for the storage of goods that
are to be sold on the premises by auction on a regular basis.
Auction Mart - Livestock means an auction mart that stores and auctions livestock.
Automotive and Minor Recreation Vehicle Sales/Rentals means developments used for the retail sale or
rental of new or used automobiles, motorcycles, snowmobiles, tent trailers, boats, travel trailers or similar light
recreational vehicles or crafts, together with incidental maintenance services and sale of parts. Typical uses
include, but are not limited to, automobile dealerships, car rental agencies and motorcycle dealerships.
Automotive Gas Bar means a facility where vehicle fuels or lubricants are offered for sale but where no
provisions are made for the repair or maintenance of vehicles. This includes both renewable and non-
renewable fuel sources.
Automotive Repair - Major means a facility where general repairs, major automotive repairs, rebuilding,
replacement or reconditioning of engine services are provided. Typical uses include, but are not limited to,
collision and body repair services, frame straightening, body painting, upholstering, vehicle steam cleaning,
and undercoating.
Automotive Repair - Minor means a facility where minor automotive repairs, the incidental replacement of
parts, maintenance, and minor automatic service to passenger vehicles and light trucks (trucks under 1,000 kg
(2,200 lbs)) capacity are provided. Typical uses include but are not limited to muffler shops, lubrication shops,
brake repair shops, tire installation shops, and windshield replacement facilities
2-4
Automotive Service Station means a facility where automotive fuels, oil, grease, batteries, tires, and
automotive accessories may be supplied and/or installed, and where general automotive maintenance such as
oil changes, tune-up, brake repairs, etc. may be undertaken.
Automotive Vehicle Wholesale means a building or the use of a portion of a building whereby vehicles are
purchased or consigned by automotive businesses or the general public and sold to automotive
retailers/dealerships. This use includes the minor repair and refurbishment of vehicles and does not include
retail sales to the public.
Automotive Wash - Major means a use where motor vehicles with a gross weight that are more than 4000kg
and exceed 6.8m in length are washed within single bay, multiple bay or automatic vehicle wash facilities. This
use includes multiple bay wash facilities for vehicles equal to or under 4000kg.
Automotive Wash - Minor means a use where motor vehicles with a gross vehicle weight equal to or less
than 4000kg and a maximum vehicle length of 6.8m are washed. Typical uses include single bay, and
automatic vehicle wash facilities but does not include multiple bay vehicle wash facilities.
Balcony means a platform, attached to and projecting from the face of a building with or without a supporting
structure above the first storey, normally surrounded by a balustrade or railing and used as an outdoor porch or
sundeck with access only from within the building.
Basement means that portion of a building that is located wholly or partially below grade, the ceiling of which
does not extend more than 0.9 m 3 (ft) above grade.
Bed And Breakfast Facility means a secondary commercial use of a single detached dwelling where short
term accommodation with meals is provided to overnight guests. This class of use does not include a boarding
facility, hotel, motel and/or guest house.
Board means the County's Subdivision and Development Appeal Board.
Boarding Facility means development within a single detached dwelling where three or more sleeping rooms
without cooking facilities are provided with or without meals for compensation.
Borrow Pit Excavation means excavating the surface of a parcel of land made solely to remove/borrow
material for a specific road construction project or construction associated with a Municipal, Provincial or
Federal water management infrastructure project (i.e., road, highway, dam, canal). Borrow excavation is
temporary and used only during infrastructure construction projects. Upon completion of the road project, the
borrow excavation site must be reclaimed. If multiple road projects are involved, it is then considered a pit, and
the Registration process is required through Alberta Environment & Parks.
Building includes anything constructed or placed on, in, over or under land including supporting structures of a
type but does not include a highway or public road or a bridge forming part of a highway or public road.
Building Separation means the minimum distance between two buildings on adjoining parcels of land.
Campground Major means the development of planned campsites with limited service for the short-term
seasonal use of recreational vehicles, campers and tents where there are more than 20 defined camping sites
within the development area of the land. The subject property shall not be used for year-round accommodation
for residential use. A campground major is typically developed in association with related recreational activities
such as hiking or riding trails, picnic grounds, boating facilities, as well as playgrounds and may include
centralized facilities or structures for assembly purposes, showers and Laundromat facilities, picnic grounds as
well as a camp store. A campground major must include sanitary sewage disposal facilities and potable water
facilities.
2-5
Campground Minor means the development of planned campsites for short-term seasonal use of recreational
vehicles, campers, tent trailers, tents and similar recreational vehicles where there are 20 defined camping
sites or less within the development area of land and are not used as year-round storage or accommodation
for residential use. A campground minor may include a potable water supply or sewage disposal facilities.
Cabin means a building with a maximum gross floor area of 28 m² (301 ft²) where the maximum occupancy
duration shall not exceed 240 days in one year. This does not include a hotel, a motel, a manufactured home,
a manufactured home (single wide), a recreational vehicle, or a boarding or lodging house.
Campsite means a specified area or site within a Campground (major or minor), or other recreation area
intended for occupancy by tents, tent trailers, holiday trailers, campers, motor homes and similar recreation
vehicles on a limited short-term basis. This does not include sites or parcels for a manufactured home, a
modular home, a recreation vehicle - park model, a cabin, a motel or a hotel.
Cannabis means cannabis plant, fresh cannabis, dried cannabis, cannabis oil, cannabis plant seeds, edible
products that contain cannabis, and any other substance defined as cannabis in the Cannabis Act (Canada)
and its regulations, as amended from time to time.
Cannabis Production Facility means a facility of one or more buildings used to grow, label, package, test,
destroy, store, research, develop, ship and receive cannabis and cannabis oil by a licensed producer in
natural, fresh, dry or processed form. This use does not include retail sales or a dispensary.
Cannabis Retail Sales means a retail store licensed by the Province of Alberta to lawfully sell cannabis and
cannabis accessories.
Carport means a structure designed and used for storing private motor vehicles consisting of a roof supported
on posts or columns and not enclosed on two or more sides either attached to or separate from the principal
building on a site.
Casino means a development providing facilities for patrons to participate in gaming opportunities as the
principal use and includes bingo halls.
Cemetery means land set apart or land used for the burial of human or animal remains. Typical uses are
memorial parks and burial grounds.
Clustered Farm Dwellings means a third or additional dwelling added to a property to be occupied by a
person solely or mainly employed in an agricultural or confined feeding operation on the site. The proposed
dwelling must be located in the same yard site as one of the existing dwellings.
Commercial Composting Facility means land and/or buildings used to collect and process organic matter
into compost. Such a facility may include the storage of un-composted organic matter, sorting and packaging
facilities and sales of compost.
Commercial Recreation Facility - Indoor means a development providing facilities where the public
participates in recreational activities indoors. May include but are not limited to amusement arcades, billiards,
pool halls, bowling alleys, racquet courts, roller skating, a commercial stable or riding arena, gymnasiums and
simulated golf, but do not include adult entertainment facilities such as a casino, or a bingo hall.
Commercial Recreation Facility - Outdoor means a development providing facilities where the public
participates in recreational activities outdoors. May include, but are not limited to, amusement parks, go-cart
tracks, and simulated golf establishments.
Communication Tower means a structure for transmitting or receiving television, radio, telephone, internet, or
other electronic communications, which Industry Canada regulates.
2-6
Community Aggregate Levy is a bylaw that imposes a levy with respect to all sand and gravel businesses
operating in the municipality to raise revenue to be used toward the payment of infrastructure and other costs
in the municipality.
Community Facility means a development used by the public or public/private groups for religious, cultural or
community activities. Typical uses include, but are not limited to, museums, churches, libraries, YMCA, and
public/private clubs.
Community Recreation Facility - Indoor means an indoor recreation facility intended to serve the community
at large. Typical uses include swimming pools, hockey rinks, arenas, gymnasiums, tourist information centres,
tennis courts or multi-purpose facilities.
Community Recreation Facility - Outdoor means an outdoor facility intended to serve the community at
large. Typical uses include, but are not limited to, ski resorts, riding stables, water slides, marinas, tennis
courts, equestrian centres, stadiums, fair/exhibition/rodeo grounds, or zoos, but does not include golf courses.
Concept Plan / Major Area Structure Plan means a long-range plan for a large land base, typically with a
longer than five-year anticipated build-out and covering more than a two quarter section of land. It provides a
high-level framework for future land use patterns and infrastructure provision. Typically, Major Area Structure
Plans are prepared for lands within Intermunicipal Development Plan boundaries and Concept Plans for other
lands. A Major Area Structure Plan is adopted as a bylaw, while a Concept Plan is adopted by resolution.
Although a Concept Plan is a non-statutory plan, it is prepared according to good planning practices following a
similar process as a statutory plan.
Concrete Producing Plant means a plant that produces Portland cement and includes a portable concrete
producing plant.
Condominium means a building or lot containing bare land units or other units as defined in the Condominium
Property Act.
Confined Feeding Operation as defined within the Agricultural Operation Practices Act are exempt from
municipal control under this Bylaw and must adhere to all provincial and federal regulations.
Conservation Design means a controlled-growth land use development, which allows limited sustainable
development while protecting the area's natural environmental features in perpetuity, including preserving open
space landscapes and vistas, protecting natural habitats for wildlife, and maintaining the character of rural
communities. The principles of conservation design can be applied to any zone.
Contractor Operation means a development used for commercial and industrial service support and
construction industries. Typical uses include, but are not limited to, oilfield support services, laboratories,
cleaning, and maintenance contractors, building construction, surveying, landscaping, concrete, electrical,
excavation, drilling, heating, plumbing, paving, road construction, sewer or similar services of a construction
nature which require on-site storage space for materials, mobile equipment or vehicles normally associated
with the contractor service. Any sales, display, office, or technical support service areas shall be accessory to
the principal general contractor use.
Cottage means a "standalone dwelling unit" with a maximum gross floor area of 92 m² (990 ft²). The structure
must have a minimum dimension of 6.1 m (20 ft), measured on the shortest side of the unit, with an eave
overhang of at least 46 cm (18 in) measured perpendicularly from the vertical wall.
Council means the Municipal Council of Red Deer County.
County means Red Deer County.
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Crematorium means a development fitted with equipment for the cremation of human remains and may
include associated facilities for the preparation of a dead human body for internment or cremation and facilities
associated with conducting funeral services.
Crushing means the operation of an industrial gravel crusher designed to process larger raw aggregate into
smaller materials.
Day Care Facility means a development licensed by the Province to provide daytime personal care and
education to children or elderly persons but does not include overnight accommodation. Typical facilities would
include daycare or "elder care" centres, day nurseries, family day homes with care for seven (7) or more
children, kindergarten centres, nursery schools and play schools.
Data Processing Centre means a building, dedicated space within a building, or a group of buildings used to
house computer systems and associated components for the digital transactions required for processing data.
This includes, but is not limited to cryptocurrency, non-fungible tokens and blockchain transactions.
Deck, Ground Level means an unenclosed amenity area of concrete, brick, wood, or other material that is
constructed at grade or attached to a dwelling. The overall height of a ground level deck shall not exceed
0.6 m (2 ft) measured from finished grade to the top of the finished decking, as illustrated below:
Deck, Raised means an unenclosed amenity area, of wood frame or other construction, which may be
attached to a dwelling. The overall height of a raised deck is greater than 0.6 m (2 ft) measured from finished
grade to the top of the finished decking, as illustrated below:
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Development 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
d)
A change in intensity of use of land or a building or and 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.
Provided that a development permit is not required for those developments listed under Section 17.
Development Authority means a Red Deer County Development Officer or Red Deer County Municipal
Planning Commission or both.
Development Officer means the person appointed to the office established by this Bylaw.
Development Permit means a document authorizing the commencement of a development pursuant to the
provision of this Bylaw.
Discretionary Use means the use of land or of a building that is listed in the column captioned Discretionary
Uses in a table of uses for a land use district in this Bylaw, and for which a development permit may be issued.
Driveway means a private road that provides vehicle access from an individual lot or site to a public road.
Duplex means a residential building containing two dwelling units located side by side or one above the other.
Dwelling Unit means a complete building or self-contained portion of a building used by a household,
containing sleeping, cooking and sanitary facilities intended as a permanent residence and having an
independent entrance either directly from the outside of the building or through a common area inside the
building.
Electrical Vehicle Charging Station (EV Charger) means a piece of equipment that supplies electrical power
for a charging plug-in for electric vehicles. This may include but is not limited to hybrids or electric, vehicles,
trucks and/or buses.
Emergency Service means a public facility used by fire protection, police, ambulance, correctional or other
such services as a base of operations.
Environmental Review means a review of proposed development within a defined geographic area prepared
by a qualified environmental professional that identifies and assesses the environmental significance and
sensitivity of existing vegetation, wetlands, other water features, wildlife habitat and unique physical features.
Recommendations regarding the protection of environmental features should be provided.
The environmental review applies to the following definitions:
a)
Basic Review: A tabular desktop report which forms the basis of any higher level of review used to
determine if further review is required. It is generally done as a desktop review using proposed
development plans, identification of riparian areas, air photos, databases, and literature review by a
qualified environmental professional. A site visit is not required for the preparation of a Basic Review.
Once a Basic Review is completed and submitted to the County, a meeting may be required with a
County representative on-site to discuss the proposed project, issues of concern and recommendations
regarding the need for further review or if further review is deemed necessary.
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b)
Full Review: a report based on desktop and field investigation, consideration of the proposed
development, and analysis of potential effects and mitigation. In addition to the information used to
prepare the Basic Review, it must include a site-specific biophysical field investigation conducted by a
qualified environmental professional during the appropriate season.
Environmentally Significant Area (ESA) means an area considered to have features of an ecological or
environmental nature of significant importance to Red Deer County and listed in the Red Deer County
Environmentally Significant Areas Inventory (2011) as amended from time to time.
Escarpment means a slope where the grade exceeds 15% or is suspected of being unstable.
Excavation means to dig a hole or cavity on a parcel of land by removing material from the ground (i.e., soil,
earth).
Extensive Agricultural Operation means a system of tillage or ranching which depends upon large areas of
land for the raising of crops or animals. Extensive agricultural operations include buildings and other structures
incidental to farming as well as farm related uses, but does not include a market garden, greenhouse, or sod
farm.
Extensive Recreation means lands used primarily for recreational uses, for profit or not, which generally
utilize undeveloped tracts of land and which generally do not require buildings, facilities or structures.
Examples of such uses are cross-country ski trails, walking or riding paths, outdoor shooting ranges, natural
wildlife parks, gardens, playgrounds or sports fields without viewing stands or bleachers and may include
accessory campsites or other accessory buildings for use by extensive recreation users only.
Extraction means the stripping and stockpiling of soil, overburden and aggregate materials and the
transportation of said materials within the site.
Farm Building means a building used in connection with an agricultural operation. It does not include a
residence or any building that is part of a commercial stable or a confined feeding operation which is subject to
an approval registration or authorization under the Agricultural Operation Practices Act, where livestock are
confined for the purpose of growing, sustaining, finishing or breeding by means other than grazing. The
structure must be located on a parcel of 20 ac (ac) or greater to be classified as a farm building for
development purposes.
Financial Institution means a trust company, chartered bank, credit union or Province of Alberta Treasury
Branch.
Financial Service means the provision of financial and investment services by a bank, trust company,
investment dealer, credit union, mortgage broker, financial planning services or related businesses.
Floodplain means low-lying land next to a watercourse subject to periodic inundation (see figure below). A
1:100-year floodplain, which results from a flood having a 1 percent chance of being equalled or exceeded in
any given year, is used for purposed developments. In the absence of information that identifies the 1:100-year
floodplain elevation, the best available data, as determined by a qualified professional able to perform a flood
hazard mapping study, must be used to establish the historic high-water level for a water body. The floodplain
can be divided into two zones once a flood hazard mapping study has been completed:
1.
Floodway - The area within which the entire design flood can be conveyed while meeting certain water
elevation rise, water velocity and water depth criteria. Typically, the floodway includes the river channel
and some adjacent overbank areas.
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2.
Flood Fringe - The land along the edges of the flood risk area that has relatively shallow water (less
than 1 m deep with lower velocities (less than 1 m per second)
Floor Space Ratio (FSR) means the numerical value obtained by dividing the Gross Floor Area of all buildings
on a site, excluding parking structures, by the total area of the site.
Food and Beverage Service Facility means development used for eating and drinking where prepared food
and beverages are offered for sale to the public, for consumption within the premises or off site. Typical uses
include, but are not limited to, pubs, restaurants, cafes, drive through fast food outlets, and catering
establishments.
Funeral Home means a development used for the purpose of furnishing funeral supplies and services to the
public and includes facilities for the preparation of human remains for burial. This use does not include
crematoriums.
Garage means an accessory building or part of the principal building designed and used primarily for the
storage of non-commercial motor vehicles.
Garden Suite means a dwelling unit which is smaller than the principal dwelling and is located on the same lot
in close proximity to the principal dwelling and has cooking, sleeping and sanitary facilities. A garden suite shall
include, but not limited to, a food preparation area which may be counter space, sink, refrigerator, stove or
provision of 220 volt wiring. A garden suite shall be constructed within an accessory building and has a
separate entrance from the vehicle entrance to the accessory building, either from a common indoor landing or
directly from the exterior of the structure.
Golf Course means an area and accessory buildings and uses related to the playing of the game of golf and
without restricting the generality of the foregoing includes pro shop, club house, restaurant, licensed dining
area or lounge, driving range and picnic area.
Government Service means a development providing Crown Corporation, or municipal, provincial or federal
government services directly to the public. Typical uses include, but are not limited to, taxation offices,
courthouses, postal stations, manpower and employment offices, and social service offices. It does not include
protective and emergency service, detention and correction services or education services.
Grade means the highest level of finished ground elevation adjoining a building at any exterior wall.
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Grade, Building or Structure (in determining height) means the average elevation which is the mid-point
along the front boundary and the rear boundary's finished ground elevations of the building or structure.
Gravel Pit, Class 1: Pits greater than, or equal to, five (5) hectares (ha) (12.5 ac) on private lands that require
Municipal and Provincial approval from Alberta Environment & Parks (AEP). These pits shall satisfy the
requirements of the Land Use Bylaw, the Environmental Protection and Enhancement Act, the Code of
Practice for Pits, the Water Act, the Conservation and Reclamation Regulations and all other statutory or
regulatory requirements which may be applicable.
Gravel Pit, Class 2: Pits less than five (5) (12.5 ac), developed on private lands that require municipal
approval. These pits shall satisfy the requirements of the Land Use Bylaw and are subject to the requirements
under the Environmental Protection and Enhancement Act, the Code of Practice for Pits, the Water Act, the
Conservation and Reclamation Regulations and all other statutory or regulatory requirements, which may be
applicable.
Greenhouse means development for the growing, acclimation, propagating, harvesting, displaying, and selling
of bedding, household and ornamental plants and may include accessory uses related to the storing,
displaying, and selling of gardening, nursery, and related products.
Gross Floor Area (GFA) means the total floor area of a building or structure contained within the exterior and
basement walls. The gross floor area does not include parts of basements used exclusively for storage or
service to the building, parking areas below grade, and floor areas devoted solely to mechanical or electrical
equipment servicing the development.
Gross Vehicle Weight (GVW) means the total weight of a vehicle and its maximum allowable load.
Guest House means an accessory building which has sleeping accommodation, but which does not have
sanitary or cooking facilities and is not intended to be used as a self-contained unit.
Guest Ranch means a working farm or ranch that offers visitors temporary overnight accommodation, with or
without meals, for payment and may include programs that allow guests to participate in a range of farming or
ranching activities. A guest ranch does not include a hotel or motel.
Hard Surfacing means asphalt, concrete, paving stones, turf pavers or similar materials satisfactory to the
Development Authority that is used in the construction of a driveway or parking area.
Haul means at any time during a 24-hour period that five (5) or more trucks, under the control of a contractor,
pass in either direction at a given point within one hour.
Hauling means the transporting of materials off site.
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Heavy Equipment Sales/Rental means the sale or rental of new or used machinery or mechanical equipment
typically used in building, roadway, pipeline, oil field and mining construction, manufacturing, assembling and
processing operations, and agricultural production, together with incidental maintenance services and sale of
parts.
Heavy Equipment Service and Repair means developments used for the service, cleaning or repair of heavy
vehicles, machinery or mechanical equipment typically used in building, roadway, pipeline, oil field and mining
construction, manufacturing, assembling and processing operations and/or agricultural productions, with no
sales/rental of heavy equipment.
Height means the vertical distance measured from the average grade to the highest point of a building or
structure. The highest point of a building or structure shall be determined without considering an elevator
house shaft, roof stairway entrance, water tank, ventilating fan, skylight, steeple, chimney, smokestack,
firewall, parapet wall, roof sign, aerial array, flagpole or similar device or feature not structurally essential to the
building.
Home Business - Major means the secondary use of a principal dwelling, its accessory structures and site, or
combinations thereof, by at least one permanent resident of the dwelling to conduct a business activity or
occupation, and which creates additional traffic. A major home business does not include a bed and breakfast
facility but may include a value added agricultural industry.
Home Business - Minor means the secondary use of a principal dwelling by at least one permanent resident
of the dwelling to conduct a business activity or occupation. A minor home business does not include a bed
and breakfast facility but may include a value added agricultural industry.
Hospital means an institutional development used to provide in-patient and out-patient health care to the
public. Typical developments include a community health centre and a full service hospital.
Hostel means an establishment providing temporary accommodation for remuneration. It may include
recreational facilities but not additional services such as room service. It does not include a hotel or motel.
Hotel means a development used for the provision of rooms or suites for temporary sleeping accommodation
for daily, weekly, or monthly rates to the general public, where the rooms have access from a common interior
corridor and may be equipped with individual kitchen facilities, and may include accessory food and beverage
service facilities, meeting rooms, personal service shops, and general retail shops.
Hydrovac Waste Disposal Facility means a development that is intended to be used for the safe handling,
drying and separation, and disposal of hydrovac waste / slurry in accordance with Alberta Environment
regulations and approvals.
Indoor Shooting Range means a licensed commercial development that is intended to be used for the safe
discharge, on a regular and structured basis, of firearms inside an enclosed building that is designed for the
purpose of recreational target practice or firearm training.
Industrial/Commercial Training Facility means a development that provides technical instruction to students
and/or the training of personnel in commercial businesses and/or industrial operations.
Intensive Agricultural Operation or Small Agricultural Holding means an intensive animal or horticultural
operation of significant investment and permanence representing a more intensive land use than typical
extensive agricultural operations. Typical uses include but are not limited to a greenhouse, nursery, market
garden, specialized livestock operation (excluding a confined feeding operation), fish farm, sod farm,
beekeeping (apiary), tree farm, horse holding area, and fur farm. It is also referred to as a small agricultural
operation or small agricultural holding, and it may also include a residence or a farmstead.
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Intensive Recreation means lands used primarily for recreational uses, for profit or not, which generally utilize
developed tracts of land and which generally require buildings, facilities or structures. Examples of such uses
include an equestrian sports field, a riding arena and a sports field with viewing stands or bleachers.
Kennel means any development on which four or more dogs and/or cats over six months of age are
maintained, boarded, bred, trained, or cared for in return for remuneration or kept for purposes of sale.
Lane means an alley as defined in the Highway Traffic Act.
Landscaping means the modification and enhancement of a site through the use of any or all of the following
elements:
a)
Soft landscaping consists of vegetation such as trees, shrubs, hedges, grass, and ground cover,
b)
Hard landscaping consists of non-vegetative materials such as brick, stone, washed rock, mulched
media, concrete, tile, and wood, excluding monolithic structures (e.g., a deck), which are not more than
one foot above grade.
Land Titles Office means an Alberta Land Title Registries office.
Land Use Bylaw means a statutory document pursuant to the Municipal Government Act. It provides for
matters such as land use districts, permitted and discretionary uses, site development regulations, landscaping
and parking standards, signage, and the development application process.
Land Use District or District means an area of the County established as a land use district by this Bylaw.
Lease Bay Building/Commercial Retail Unit (CRU) means a building designed to accommodate multiple
businesses, each occupying one or more bays in a condominium or leasehold tenure arrangement. Once a
permit has been issued for a lease bay building, the occupant of each bay must apply for an individual
development permit to allow their intended use according to the permitted and discretionary uses listed in the
applicable land use district.
Licensed Producer means a holder of a license issued under section 35 of the Access to Cannabis for
Medical Purposes Regulations (SOR/2016-230).
Loading Service means a space provided on a site to temporarily accommodate a commercial vehicle for
loading or unloading goods and materials.
Local Area Structure Plan - means a short-range plan for a small land base, typically with a shorter than five-
year anticipated build-out and covering two quarter sections of land or less. It provides a site-specific, detailed
framework for rezoning, subdivision, and development. Staging of development, land use, density and
infrastructure matters are considered. An Area Structure Plan is adopted as a bylaw.
Loft means the floor space above the eave line and within the pitch of a cottage or attached garage, which
may be used for living quarters, not exceeding 56 sq m (600 sq ft) in size.
Lot means
a)
A quarter section;
b)
A part of a parcel of land described in a certificate of title if the boundaries of the part are described in a
certificated of title by reference to a Plan of Survey; or
c)
A part of a parcel of land described in a certificate of title if the boundaries of the part are described in
the certificate of title (i.e., a Descriptive Plan) other than by reference to a Plan of Survey;
And for the purposes of this Bylaw the use of the terms Lot and Parcel and Site shall be interchangeable within
the context of the Bylaw.
Lot Area means the area of a lot expressed in a metric or imperial measure.
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Lot Depth means the horizontal distance between the Front and Rear Lot Lines of a site.
Lot Line, Front means the property line separating a lot from abutting public roadway other than a lane. In the
case of a Corner Lot, the Front Line is the shorter of the property lines abutting a public roadway other than a
lane. In the case of a Corner Lot formed by a curved corner, the Front Lot Line shall be the shorter of the two
segments of the property line lying between the point determined to be the actual corner and the two points at
the extremities of that property line.
Lot Line, Rear means either the property line of a lot which is furthest from and opposite the Front Lot Line or
where there is no such property line, the point of intersection of any property lines other than a Front Lot Line
which is furthest from and opposite the Front Lot Line.
Lot Line, Side means the property line of a lot other than a Front Lot Line or Rear Lot Line.
Lot Width means the horizontal distance between the Side Lot Lines of a site measured at a distance from the
Front Lot Line equal to the minimum required Front Yard Setback (FYS) for the applicable Land Use District.
Front Yard
Setback (FYS)
Front Lot Line
Lot Width
Rear Lot Line
FYS
Side Lot Line
Side Lot Line
Major Area Structure Plan / Concept Plan - means a long-range plan for a large land base, typically with a
longer than five-year anticipated build-out and covering more than a two quarter section of land. It provides a
high-level framework for future land use patterns and infrastructure provision. Typically, Major Area Structure
Plans are prepared for lands within Intermunicipal Development Plan boundaries and Concept Plans for other
lands. A Major Area Structure Plan is adopted as a bylaw, while a Concept Plan is adopted by resolution.
Although a Concept Plan is a non-statutory plan, it is prepared according to good planning practices following a
similar process as a statutory plan.
Major Development means a large-scale residential, industrial, commercial, or recreational facility that, in the
opinion of the County, will create significant off-site impacts in terms of traffic generation, environmental
impact, and similar effects.
Manufactured Home means a prefabricated transportable, single or multiple section single detached dwelling
unit conforming to CAN/CSA Z240 MH Series and A277 certified standards at the time of manufacture. It is
ready for residential occupancy upon completion of set-up in accordance with required factory-recommended
installation instructions.
Manufacturing, Processing or Assembly Facility means the manufacturing or assembly of goods, products
or equipment and/or the processing of raw or finished materials, including the servicing, repairing or testing of
materials, goods and equipment generally associated with the manufacturing, processing or assembly
operation. It may include any indoor display, office, technical or administrative support areas or any sales
operation accessory to the principal use.
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Market Garden means growing vegetables or fruit for commercial purposes and includes an area for the
display and sale of goods or produce grown or raised on site.
Modular Home means a prefabricated or factory-built frame or shell which comprises the wall or siding of a
proposed dwelling. More specifically, a modular unit represents only a section of the dwelling. It has no
chassis, running gear, or wheels, but units may be stacked side-by-side or vertically and completed to form
one or more complete dwelling units for year-round occupancy.
Motel means a development for the provision of rooms or suites for temporary lodging or light housekeeping,
where each room or suite has its own exterior access. It may include accessory food and beverage service
facilities.
Moved-In Building means a building that has been assembled at and used on a site and which is to be moved
more or less whole to another lot. This use does not include a new manufactured home or a new modular
home.
Multi-Attached Dwelling means a residential building containing three or more dwelling units departed by
common walls and located either on a single site or each unit on a separate individual lot, each dwelling unit
having at least one separate at-grade entrance. This definition applies to forms of housing that include, but are
not limited to, stacked townhouses, row-houses, triplexes, and four-plexes.
Municipal Development Plan (MDP) - Together with the Land Use Bylaw, the Municipal Development Plan
forms the foundation of land use and development policies. The MDP is a County-wide statutory policy plan
pursuant to the Municipal Government Act.
Office means a development primarily used for the provision of professional, management, administrative, or
consulting services in an office setting. Typical uses include, but are not limited to, the offices of lawyers,
accountants, travel agents, real estate and insurance firms, planners and other consultants, dentists, doctors,
clerical services, and secretarial agencies. This excludes government services, financial services, the servicing
and repairing of goods, the sale of goods to customers on-site, and the manufacturing and handling of a
product.
Oilfield Service Or Supply Business - Major means a development used for the sale, rental, service, or
repair of heavy vehicles, machinery or mechanical equipment typically used in pipeline, oil field and mining
operations. This does not include truck sales/rentals. The development may include the use and/or the storage
of toxic, explosive, or radioactive materials (e.g., a farm tank).
Oilfield Service or Supply Business - Minor means a business that provides limited support services to
pipeline, oil field and mining operations. The business is contained within an enclosed development, the
outdoor storage of any materials, heavy vehicles, equipment and/or pipes is restricted to 20% of the total
parcel size, and such outdoor storage must be screened to the satisfaction of the development authority. The
business must not include the use and/or storage of radioactive materials except those contained within an
instrument or tool. The storage and handling of energetic materials must meet Natural Resources Canada
Explosive Act and Regulation. Typical services include but are not limited to well conditioning, well logging,
x-ray and diagnostic, cathodic protection, or wireline services. This use does not include a tank farm.
Outdoor Storage means the accessory storage of equipment, goods, and materials, specifically related to the
business activity conducted on the subject parcel, in the open air where such storage of goods and materials
does not involve the erection of a permanent structure for storage. Typical uses include, but are not limited to,
pipe yards or vehicle or heavy equipment storage compounds.
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Outline Plan / Local Area Structure Plan means a short-range plan for a small land base, typically with a
shorter than five-year anticipated build-out and covering two quarter sections of land or less. It provides a
site-specific, detailed framework for rezoning, subdivision, and development. Staging of development, land
use, density and infrastructure matters are considered. An Area Structure Plan is adopted as a bylaw, while an
Outline Plan is adopted by resolution. Although an Outline Plan is a non-statutory plan, it is prepared pursuant
to good planning practices following a similar process as a statutory plan.
Park means land developed for public recreational activities that do not require major buildings or facilities and
includes picnic areas, playgrounds, pedestrian and bicycle paths, landscaped areas and associated public
washrooms.
Parking Lot means an area of land providing for the parking of motor vehicles.
Parking Stall means the portion of a parking lot or structure that accommodates a parked vehicle.
Park Model means trailers that are constructed to the CSA Z241 standard and will bear a label indicating
such. The CSA definition of a Park Model trailer is a recreational unit that meets the following criteria:
a)
it is built on a single chassis mounted on wheels;
b)
it is designed to facilitate relocation from time to time;
c)
it is designed as living quarters for seasonal camping and may be connected to those utilities
necessary for operation of installed fixtures and appliances; and
d)
it has a gross floor area, including lofts, not exceeding 50 m² (538 ft) when in the set-up mode and has
a width greater than 2.6 m in the transit mode.
Personal Service Facility means development used to provide personal services to an individual, related to
the care and appearance of the body or the cleaning and repair of personal effects. Typical uses include, but
are not limited to, hairdressers, spas and massage services, tanning salons, shoe repair shops, and
dry-cleaning establishments but do not include medical offices, health services, general retail businesses or
adult entertainment facilities.
Permitted Use means the use of land or of a building, which is listed in the column captioned Permitted Uses
in a table of uses for a land use district in this Bylaw, and for which a development permit may be issued.
Porch means an entrance structure typically attached to the front or sides of a residential dwelling at the
ground floor entry level, consisting of a roof and floor, where the front and sides of the structure may be
enclosed by solid walls or windows or unenclosed where the front and/or sides remain open to the elements.
Principal Building or Use means a building or use that, in the opinion of the Development Authority, is the
main purpose for which the building or site is ordinarily used.
Private Club means an indoor development used for meeting, social or recreational activities used
predominantly by area residents.
Public Road means the right-of-way for a Primary Highway, street or lane that is registered at the Land Titles
Office and is used or intended to be used to accommodate vehicular traffic.
Public Utility means a development used to provide one or more of the following for public consumption,
benefit, convenience, or use:
a)
Water; wastewater or storm water,
b)
public transportation operated by or on behalf of the municipality,
c)
communication,
d)
drainage ditch,
e)
natural gas,
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f)
electric power, or
g)
heat.
It includes buildings required to operate the public utility.
Qualified Environmental Professional (QEP) means individuals with one or more of the following
designations or other related environmental professionals able to perform the necessary level of environmental
review as appropriate:
-
RPBio (Registered Professional Biologist),
-
RF (Registered Forester,)
-
EP (Environmental Professional),
-
EPT (Environmental Professional Trainee)
-
QEP (Qualified Environmental Professional), or
-
EPI (Environmental Professional Intern).
Reclamation means restoring the site to its original land use or other equivalent future land uses in
accordance with the approved reclamation plan. This includes, but is not limited to, replacing the topsoil and
establishing vegetation.
Recreation Facility means a public or private development providing facilities for recreational entertainment
and activities, either indoor or outdoor. Typical uses include, but are not limited to, go-cart tracks, indoor golf,
pool halls, bowling alleys, swimming pools, hockey rinks, ski resorts, rodeo/exhibition grounds, sports-fields,
ski trails and multi-purpose facilities. This use does not include golf courses, casinos, adult entertainment,
bingo halls, shooting ranges and/or an equestrian sport-fields.
Recreation Vehicle means a portable structure designed and built to be carried on a vehicle or transported on
its own wheels. It is intended to provide temporary living accommodation for travel and recreation purposes
and does not need a special license or permit to travel on the public road system. Includes vehicles such as a
motor home, a camper, travel trailer or a tent trailer but does not include a manufactured home or any vehicle
or trailer over 2.44 m (8') in width.
Recreational Vehicle Park means a planned development for short term use of recreational vehicles with a
higher level of service provided than in a campground. The recreational vehicle park shall not be used as year-
round storage, or accommodation for residential use. A recreational vehicle park may be developed in
association with related recreational activities' such as hiking or riding trails, picnic grounds, boating facilities
and playgrounds.
Recreational Vehicle Storage Minor means a compound created for storage limited to a maximum of 50
units based on parcel size, for recreational vehicles and equipment such as boats, seadoos, trailers and ATVs.
Recreational Vehicle Storage Major means a compound created for storage exceeding 50 units on a parcel
of land greater than 8.1 ha (20 ac) for recreational vehicles and equipment such as boats, seadoos, trailers
and ATVs.
Recycle Depot means a development in which used material is separated and processed prior to shipment for
reuse or to others who will use those materials to manufacture new products.
Religious Assembly means a development including any meeting halls used for spiritual worship and related
religious, charitable, educational, or social activities. Typical accessory uses include, but are not limited to,
administrative offices, accessory manses, rectories or parish houses.
Reserve Land means a municipal, school, municipal/school or environmental reserve that has been dedicated
in accordance with the Act.
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Retail Store - Major means a development used for the retail sale of consumer goods from within an
enclosed building and includes limited on-site storage or limited seasonal outdoor sales to support the store's
operations. This use does not include Cannabis Sales.
Retail Store - Minor means a development used for the retail sale of consumer goods frequently required by
area residents in an enclosed building on a site which does not exceed 4,047 m² (1.0 ac). Typical uses include
but are not limited to small food stores, liquor stores, drug stores and video sales, and rentals. This use does
not include Cannabis Sales.
Riparian Area - Includes any lands that adjoin or directly influence a water body and includes floodplains (see
figure below, riparian zone) and land that directly influences alluvial aquifers. Typical examples of a riparian
area include the lush vegetation that grows on floodplains and watercourse banks. They are usually distinctly
different from surrounding lands because of unique soil and vegetation characteristics that are influenced by
the presence of water above the ground and below the surface. Water is present due to a water body or
elevated water tables such as a seep or spring. Riparian areas perform several important functions, which may
include but are not limited to:
-
Protecting ground and surface water from contamination,
-
Exchange of groundwater and surface water,
-
Filtering of nutrients and minerals,
-
Providing habitat for fish, waterfowls, and wildlife,
-
Building, stabilizing stream banks and channels, and
-
Contributing to biodiversity.
Salvage Yard means any land or building used for the collection, demolition, dismantling, storage, salvage,
recycling, or sale of waste materials, including scrap metal, vehicles, machinery, and other discarded
materials.
Satellite Dish Antenna means:
a)
An antenna, the purpose of which is to receive signals from orbiting satellites,
b)
A low noise amplifier (LNS) situated at the focal point of the receiving component, the purpose of which
is to magnify and transfer signals,
c)
A cable the purpose of which is to transmit signals; and
d)
Other associated components.
School/College means a facility where students are taught, which may or may not be supported by the
Province of Alberta and/or a local school board as defined by the Province of Alberta. This use class does not
include commercial schools.
Screening means a fence, berm or hedge used to visually separate areas or functions.
2-19
Second Dwelling means a second dwelling unit on a residential or agricultural parcel in addition to the
principal dwelling. This may include a single detached dwelling, including a manufactured or modular home.
Secondary Suite means a second self-contained dwelling unit located within a single detached dwelling or a
duplex. A secondary suite shall include, but is not limited to, a food preparation area which may be counter
space, sink, refrigerator, stove, or provision of 220 volt wiring, a sleeping area which may be separate from the
living area, and toilet/bathing facilities. A secondary suite also has an entrance separate from the entrance to
the principal building, either from a common indoor landing or directly from the exterior of the structure.
Security/Operator Residential Unit means a secondary building or portion of a building used to provide on-
site accommodation by the employer for persons employed on the property, a residence for the site caretaker
or operator of a commercial establishment, or for the on-duty security personnel at a storage facility when
permitted in a district. No more than one residential security operator unit is permitted on a site.
Setback means the distance that a development must be set back from a lot line, or any other feature of a site
as specified by the Bylaw.
Sight Triangle means the triangle formed by a straight line drawn between two points on the lot lines of a lot
from the point where the lot lines intersect.
Sign means any structure, device, light or fixture, or any part thereof, used to identify, advertise or attract
attention to any person, object, product, event, place, organization, institution, development, business group,
profession, enterprise, or industry and is intended to be seen from on or off the site where the sign is located.
The various types of signs are further defined in this Bylaw.
Similar and Compatible Uses means uses that, in the opinion of the Development Authority, are similar to
one of the Permitted or Discretionary uses and which conform to the general purpose of the district.
Single Detached Dwelling means a building containing a single dwelling unit as the principal use of the
building. The structure must have a minimum dimension of 6.0 m (20 ft.), measured on the shortest side of the
unit, with an eave overhang of at least 46 cm (18 in) measured perpendicularly from the vertical wall. This
housing type includes a modular home but does not include a cottage.
Site means an area of land consisting of one or more abutting lots under single ownership or control.
Site Coverage means the total percentage of the site area covered by buildings or structures, which are
located at or higher than 0.91 m (3 ft) above grade, including accessory buildings and structures, but does not
include steps, eaves, or similar projections permitted in this Bylaw, or driveways, aisles or parking lots, or
terraces or patios/uncovered decks where these are less than 0.91 m (3 ft) above grade.
Site Plan means a plan submitted in support of a development permit application, the approval of which may
require a development servicing agreement, including matters such as engineering drawings for sewer, storm
drainage, water, roads, etc.
Site Width means the frontage width of a lot, or the total frontage width of lots comprising a site.
2-20
Site Grading means altering the ground surface to a desired grade or contour by filling and levelling to prepare
land for development.
Social Care Facility means a place of care for persons who are aged or infirm or who require special care or a
day care facility;
a)
A building or part of a building, other than a home maintained by a person to whom the children living in
that home are related by blood or marriage, in which care, supervision or lodging is provided for six (6)
or more children under the age of 18 years, but does not include a place of accommodation designed
by the Province of Alberta as a childcare institution; or
b)
A hostel or other establishment operated to provide accommodation and maintenance for unemployed
or indigent persons.
c)
a building or part of a building providing long term accommodation for adult care housing wherein
residents, who because of their circumstances cannot or do not wish to maintain their own households,
are provided with meal services and may receive such services as housekeeping and personal care
assistance; this includes nursing homes, senior housing, geriatric centers and group homes.
Solar Energy Devices means radiant light and heat from the sun that is harnessed using a range of
ever-evolving technologies such as solar heating, photovoltaics, solar thermal energy, solar architecture,
molten salt power plants, and artificial photosynthesis.
Solar Energy Farm means a large-scale application of solar photovoltaic (PV) panels to generate green, clean
electricity at scale, usually to feed into the grid. Solar farms are usually developed in rural areas as a supply of
merchant power into the electrical grid.
Stockpile Site (Municipal or Provincial Projects) means the use of land where gravel is stockpiled and used
for Municipal and Provincial infrastructure projects only. (Note: A Development Permit is not required for this
use.)
Storey means that portion of a building which is situated between the top of any floor and the top of the floor
next above it, and if there is no floor above it, that portion between the top of a floor and the ceiling above it. A
basement or a loft is deemed not to be a storey.
Structural Alteration means any change to the roof, foundation or exterior walls of a structure that results in
the expansion of the usable floor area of a structure or reduces existing setback distances.
Structure means anything constructed or erected, the use of which requires location on the ground or
attachment to something located on the ground, not including pavement, curbs, walks, open-air surfaced
areas, and movable vehicles.
Subdivision means the division of a parcel of land into one or more smaller parcels by a plan of subdivision or
other instrument.
Subdivision Plan means a plan submitted for preliminary subdivision approval for a single or a multi-lot
subdivision, the approval of which may require a subdivision servicing agreement, including matters such as
engineering drawings for sewer, storm drainage, water, roads, etc.
Temporary Development means a development for which a development permit has been issued for a limited
time only.
Transportation Terminal/Hub means a facility for bus depots, moving companies, vehicle rental agencies,
trucking, taxi, or courier firms.
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Truck or Manufactured Home Sales/Rentals means development used for the sale or rental of new or used
trucks, motor-homes, manufactured homes, and automobiles together with incidental maintenance services
and the sale of parts and accessories. Typical uses include, but are not limited to, truck dealerships, recreation
vehicle sales, and manufactured home dealerships.
Value Added Agricultural Industry means a secondary agricultural activity or development that clearly
demonstrates that it adds value to a primary agricultural activity or product, including agricultural product
manufacturing, food-processing activities, and non-food processing activities. Typical uses include, but are not
limited to, separating, grading, cleaning and packaging produce, making food products from produce such as
jams and cheese, and producing fibreboard from hemp or straw. Agri-tourism, organic farming, storage,
distribution, and transportation are not considered to be value-added agricultural activities.
Variance means an alteration or change to a standard prescribed by this Bylaw that the Development
Authority or the Board authorizes.
Vehicle Oriented means a use that predominantly caters to automotive and vehicular traffic. Vehicle-oriented
uses include but are not limited to gas bars, service stations, drive-through vehicle services, car washes, and
similar developments providing drive-in services in which patrons generally remain in their vehicles.
Veranda means an entrance structure typically located at the front or sides of a residential dwelling at the
ground floor entry level and consists of a roof and floor, where the front and sides of the structure remain open
to the outside elements.
Veterinary Clinic means a facility for the medical care and treatment of animals and includes provision for
overnight accommodation. The use of the facility as a kennel shall be limited to short time boarding while the
animals are awaiting treatment or are recovering from treatment and shall be incidental to the hospital use.
Warehouse Sales means a building of at least 950 m² used for wholesale or retail sales of consumer goods.
Warehousing and Storage means using a building and/or site primarily for keeping goods and merchandise,
excluding dangerous or hazardous materials, derelict vehicles or parts thereof, or any waste material. It
includes moving companies, trucking terminals, inter-modal transfer areas, the storage of recreational vehicles
(indoor or outdoor, including boats and ATV's) and self-storage facilities.
Warehousing and Storage Limited to Self-Storage means storage facilities for rent or lease of space to
individuals, usually for storing household goods or small businesses, generally storing excess inventory or
archived records. All development permit applications for self-storage within the Agricultural District shall be
considered in conjunction with the regulations for a Home Business Major.
Wash Plant means a structure used to clean and remove sediments from aggregate materials.
Waste Management Facility means a sanitary landfill, modified sanitary landfill, solid waste transfer station,
hazardous waste management facility or dry waste site approved or registered pursuant to the Environmental
Protection and Enhancement Act for the processing, treatment, storing, recycling and/or landfilling of municipal
hazardous or industrial waste, but does not include an automobile wrecker.
Wind Energy Conversion System (WECS) means an apparatus that converts the kinetic energy available in
the wind into mechanical energy that can be used to generate electricity (i.e., wind generator, wind turbine,
wind power unit (WPU)). For the purpose of this Bylaw the following apply to this definition:
1.
Blade(s) means the part(s) of the WECS system that forms and aerodynamic surface and revolves on
contact with the wind.
2.
Blade Clearance means the minimum distance from grade to the tip of the blade(s) when the tip is at
the bottom of the full 360-degree revolution and pointed down to the ground.
3.
Grade means the elevation of the development and finished ground surface at the base of the tower.
2-22
4.
Horizontal Axis Rotor means a wind energy conversion system where the rotor is mounted on an axis
horizontal to the earth's surface.
5.
Nacelle means the part of the wind energy conversion system that includes a generator, gearbox or
yaw motor, and the other operating parts that are installed at the top of the tower and to which the
blades are attached and are responsible for converting wind power to energy.
6.
Rotor's Arc means the largest circumferential path travelled by a WECS' blade.
7.
Shadow or flicker means the repetitive moving shadow or reflection cast by the rotor blades as they
cut through the sun or sunlight.
8.
Total Height means the height from the grade to the highest vertical extension of a WECS. In the case
of a WECS with a horizontal axis rotor, total height includes the distance from grade to the top of the
tower, plus the distance from the top of the tower or the highest point of the rotor's arc.
9.
Tower means the structure which supports the rotor above grade.
10.
Vertical Axis Rotor means a wind energy conversion system where the rotor is mounted on an axis
perpendicular to the earth's surface.
11.
Wind Energy Conversion System means the aggregation of parts, including but not limited to the
tower, nacelle and blade(s) that, in their aggregate convert wind energy into electrical power.
12.
Wind Farm means two or more WECS on two or more contiguous or non-contiguous parcels of land
and approved under a single development permit or in phases under a single development permit.
Wind Energy Conversion System, Category 1:
Means a WECS with a total height of 15 m (49.2 ft) or less.
Wind Energy Conversion System, Category 2:
Means a WECS with a total height that is greater than 15 m (49.2 ft) and less than 35 m (114.8 ft).
Wind Energy Conversion System, Category 3:
Means a WECS with total height of 35 m (114.8 ft) or greater. A WECS in this category is typical
developed for industrial scale power generation.
Work Camp means a residential complex used to house camp workers by various contracting firms on a
temporary basis, and without restricting the generality of the above, the camp is usually made up of several
mobile units, clustered in such fashion as to provide sleeping, eating, recreation, and other basic living
facilities. The units may be dismantled and removed from the site from time to time. Federal, Provincial, or
municipal work camps are exempt.
Yard means a part of a lot upon or over which no building or structure other than a boundary fence is erected
except for specifically permitted encroachments and accessory buildings.
Yard, Front means a yard extending across the full width of a lot and situated between the front lot line and
nearest exterior wall of the principal building.
Yard, Rear means the yard area which extends across the full width of a lot and situated between the rear lot
line and the nearest exterior wall of the principal building.
Yard, Side means the yard area extending from the front yard to the rear yard and situated between a side lot
line and the nearest exterior wall of the principal building.
Zero Lot Line Development means a development on a site where one side yard is reduced to 0.0 m with
each dwelling being developed on its own lot.
3-1
PART 3
PLANNING AUTHORITIES
SECTION 11 DEVELOPMENT AUTHORITY
11.1
The Development Authority is established by this Bylaw pursuant to the Municipal Government
Act.
11.2
The Development Authority shall exercise development powers and duties on behalf of the
County.
11.3
The Development Authority shall consist of the Development Officer or, where the context of
this Bylaw permits, the Municipal Planning Commission, or Council in respect of land or
buildings located in a Direct Control District except where Council has delegated its authority to
either the Development Officer or the Municipal Planning Commission.
SECTION 12 DEVELOPMENT OFFICER
12.1
The office of the Development Officer is established by this Bylaw.
12.2
Pursuant to the provisions of the Municipal Government Act, Council hereby appoints the
Development Officer as a Development Authority, with the power and authority to make
decisions in respect to applications for development permits specified in this Bylaw. The person
or persons that fill the office of Development Officer shall be appointed by the County Manager.
12.3
In its role as a Development Authority, the Development Officer shall:
12.4
Advise and assist the Municipal Planning Commission and, where applicable, the Council in
regard to the planning of orderly and economical development within the County and shall seek
to ensure that any proposed development is in accordance with the purpose, scope or intent of
this Bylaw and be consistent with the Municipal Development Plan, other municipal statutory
plans and adopted County policies;
a)
Receive and process all applications for development permits;
b)
Keep and maintain for inspection by the public during office hours, a copy of this Bylaw
as amended from time to time;
c)
Keep and maintain a register of all development permit applications and decisions for a
minimum period of seven years;
d)
Make decisions and state terms and conditions, as authorized by this Bylaw or the
Municipal Government Act, on all development permit applications for Permitted Uses in
any land district;
e)
Refer all development permit applications for Discretionary Uses to the Municipal
Planning Commission except for those Discretionary Uses that have been delegated to
the Development Officer;
f)
Make decisions and state terms and conditions, as authorized by this Bylaw or the
Municipal Government Act, on all Real Property Report applications requiring a variance;
g)
Make decisions and state terms and conditions, as authorized by this Bylaw or the
Municipal Government Act, on all development permit applications requiring a variance
of 30% or less the minimum standard on all newly proposed development; refer all
development permit applications requiring a variance in excess of 30% to the Municipal
Planning Commission for a decision; and
h)
Be the Development Authority for all purposes of the Act and this Bylaw except where
responsibility is given to the Municipal Planning Commission or to Council.
12.1
The Development Officer may:
3-2
a)
Refer any development permit application to the Municipal Planning Commission; and
b)
Refer any other planning or development matter to the Municipal Planning Commission
for its review, support or advice.
SECTION 13 MUNICIPAL PLANNING COMMISSION
13.1
Deleted as per Bylaw No. 2024/26.1
13.2
Pursuant to the provisions of the Municipal Government Act, Council hereby appoints the
Municipal Planning Commission as a Development Authority, with the power and authority to
make decisions in respect to applications for development permits specified in this Bylaw.
13.3
In its role as Development Authority, the Municipal Planning Commission shall:
a)
Advise and assist Council in regard to the planning of orderly and economical
development within the County and shall seek to ensure that any proposed development
is in accordance with the purpose, scope or intent of this Bylaw and be consistent with
the Municipal Development Plan, other municipal statutory plans and adopted County
policies;
b)
Make decisions and state terms and conditions, as authorized by this Bylaw or the
Municipal Government Act, on all development permit applications for Discretionary
Uses in any land use district;
c)
Make decisions and state terms and conditions, as authorized by this Bylaw or the
Municipal Government Act, on all development permit applications requiring a variance
in excess of 30% of the minimum standard;
d)
Issue decisions and state terms and conditions, as authorized by this Bylaw or the
Municipal Government Act, for those uses listed as Permitted Uses which the
Development Officer refers to it; and
e)
Consider and state terms and conditions on any other planning or development matter
referred to it by the Development Officer or with respect to which it has jurisdiction under
this Bylaw.
13.4
Deleted as per Bylaw No. 2024/26.1.
SECTION 14 SUBDIVISION AND DEVELOPMENT APPEAL BOARD
14.1
Deleted as per Bylaw No. 2024/26.1
SECTION 15 SUBDIVISION AUTHORITY AND SUBDIVISION OF LAND
15.1
The Subdivision Authority is established by this Bylaw pursuant to the Municipal Government
Act.
15.2
The Subdivision Authority shall exercise subdivision powers and duties on behalf of the County.
15.3
Pursuant to the provisions of the Municipal Government Act, the Municipal Planning
Commission of Red Deer County is the Subdivision Authority for the County.
15.4
The Development Officer shall receive, determine whether the application is complete, and
process subdivision applications on behalf of, and make recommendations to, the Subdivision
Authority.
15.5
A subdivision application shall be made to the Development Officer on the prescribed form and
shall be signed by the applicant or his agent.
15.6
In addition to the completed application form and application fee, the applicant shall provide
such information and, in a format, as may be required to the satisfaction of the Subdivision
Authority.
3-3
15.7
For the purposes of this Bylaw, a bare land condominium plan is a plan of subdivision.
15.8
Subject to this Bylaw, any statutory plan and the Municipal Government Act the Subdivision
Authority may impose conditions it considers appropriate to a subdivision approval, included but
not limited to the following:
a)
That the developer enter into a servicing agreement pursuant to Section 15.9,
b)
The registration of the subdivision and consolidation of parcels,
c)
The status of existing services and structures,
d)
Payment of outstanding property taxes,
e)
Payment of off-site levies,
f)
Road widening,
g)
Reserve dedication, or
h)
Any other matter that the Subdivision Authority considers necessary to ensure
appropriate subdivision.
15.9
As a condition of a subdivision approval, the Subdivision Authority may require that the
applicant enter into a servicing agreement with the County which, in addition to other matters,
may require the applicant:
a)
To construct or pay for the upgrading of:
i)
Any roads required to give access to the development;
ii)
A pedestrian walkway system to serve the development or to give access to an
adjacent development, or both; and
iii)
Off-street or other parking facilities and loading and unloading facilities;
b)
To construct, install or pay for any local improvements and utilities which are needed to
serve the development including, but not limited to, on-site storm water management
facilities and any required easements, and joint drainage and access requirements;
c)
To pay an off-site levy or redevelopment levy;
d)
To repair or reinstate, to original condition, any ditch, municipal landscaping or trees
which may be damaged or destroyed or otherwise harmed by development or building
operations upon the site;
e)
To provide an irrevocable letter of credit, or other form of security acceptable to the
Development Authority, to guarantee performance of the conditions of the Development
Permit; and
f)
To attend to all matters the Development Authority considers appropriate.
15.10
To ensure compliance with a servicing agreement, the County may register a caveat against the
property being subdivided which shall be discharged upon the terms of the agreement being
met.
15.11
Administrative review of a conditionally approved subdivision that has not been endorsed may
endorse consent to register where the plan of survey or descriptive plan contains a variance of
up to 5% from the original parcel size approved by the Subdivision Authority or a variance in the
parcel shape/configuration which is similar to but not necessarily identical to that which was
approved.
15.12
Administrative review of a conditionally approved subdivision that has not been endorsed that
varies greater than 5% and up to 10% from the original approval for parcel size will have to be
considered and approved by the Subdivision Approving Authority.
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15.13
A new subdivision application will be required for any conditionally approved subdivision that
has not been endorsed and varies more than 10% from the originally approved parcel size.
15.14
The Development Officer is delegated the authority to make a decision in regard to one-year
subdivision time extension applications. If additional one-year time extensions are applied for,
the Development Officer may refer the application to the Subdivision Authority for decision.
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4-1
PART 4
DEVELOPMENT APPLICATION
SECTION 16 CONTROL OF DEVELOPMENT
16.1
Except as provided in Section 17, no person shall commence a development in the County
unless a development permit has first been issued pursuant to this Bylaw, and the development
is in accordance with the terms and conditions of the development permit.
SECTION 17 WHEN A DEVELOPMENT PERMIT IS NOT REQUIRED
17.1
A Development Permit is not required for the following developments provided that the
proposed development complies with all applicable regulations of this Bylaw:
a)
Altering, maintaining or repairing any building provided that the work does not include
structural alterations or does not result in an increase in the number of dwelling units;
b)
Any accessory use, building, structure or operation that is essential to the primary
agricultural use of a 20 ac or greater parcel of land that is assessed for municipal
taxation purposes as farm land;
c)
Storage, on a permanent or temporary basis, of a total of three (3) or less recreational
vehicles, motor homes, travel trailers, tents, boats or campers per lot in the Agricultural
District;
d)
For three (3) or less temporary, seasonal recreational vehicles within the Agricultural
District with a minimum setback requirement of 165 m from any dwelling on an adjacent
property, except for on an unsubdivided quarter section, where up to six (6) temporary,
seasonal recreational vehicles are permitted with a minimum setback requirement of
165 m from any dwelling on an adjacent property.
e)
Placement of a manufactured home within an approved manufactured home park;
f)
Installation of private roads, utilities, and private wells;
g)
The maintenance and repair of public works, services or utilities carried out by or on
behalf of federal, provincial or municipal authorities;
h)
Railways, pipelines, irrigation ditches, conduit flumes, and utility lines not integral to an
approved development;
i)
Temporary use of a building for election or census purposes;
j)
The construction or maintenance of gates, fences, walls or other means of enclosure
less than 1.0 m (3 ft) in height in front yards and less than 2.0 m (6 ft) in height in side
and rear yards, except where corner lot restrictions apply;
k)
The temporary erection, installation, or use of machinery, structures or buildings such as
a construction trailer, that is incidental to the erection or alteration of a permanent
development for which a permit has been issued under this Bylaw. This does not
include a real estate office, showhome or similar facility;
l)
Demolition of a building or structure where a Development Permit has been issued for a
new development on the same site, and the demolition of the existing building or
structure is implicit in that permit;
m)
Demolition of a residential structure where a Building Permit has been issued for
demolition and prior Historical Resources Act approval has been obtained, if required;
n)
Construction or installation of an Accessory Building that does not exceed 10 m² (110 ft²)
in area and is not permanently attached to the ground provided that no portion of the
building is located within the required setback unless written consent is provided by the
owner of the adjoining parcel;
4-2
o)
An uncovered ground level deck located in a rear or side yard in any District;
p)
The installation of a satellite dish antenna less than 1.0 m (3 ft) in diameter, if it is
attached to an existing structure in a Residential District;
q)
The erection or construction of a temporary camp lot by municipal, provincial or federal
government works;
r)
Hard surfacing of any area that is part of a development for which a Development Permit
has been issued, for the purpose of providing vehicular or pedestrian access or parking
where such access of the parking area does not drain onto adjacent properties;
s)
A concession booth selling food, beverage and equipment or gifts related to the principal
use, as an accessory use in any principal building or use that involves public gatherings
as part of its usual operations;
t)
Stripping, site grading or excavation that is part of a development for which a
Development Permit has been issued;
u)
Erection of towers, flagpoles or other poles not exceeding 4.5 m (15 ft) in height from
any grade in any Residential District;
v)
Landscaping where the proposed grades will not adversely affect the subject or adjacent
properties, except where a Development Permit allows for such landscaping; and
w)
Development specified in Section 618 of the Municipal Government Act.
SECTION 18 RESTRICTIONS ON ISSUANCE OF A DEVELOPMENT PERMIT
18.1
A Development Permit application shall be made to the Development Officer on the prescribed
form and shall be signed by the applicant or their agent.
18.2
The Development Authority may restrict the volume and timing of noise generated by a
development.
18.3
The Development Authority may restrict any process involving the emission of dust, flying ash or
other particulate material.
18.4
Underground waste storage tanks are prohibited unless otherwise approved by the
Development Authority.
18.5
Where an application for a development permit involves a consolidation of legal parcels, the
Development Authority may withhold a permit until the consolidation of the parcels has been
registered.
SECTION 19 NON-CONFORMING BUILDINGS AND USES
19.1
Developments which are considered to be a non-conforming building or use shall be dealt with
as provided for under the Municipal Government Act. As information, the Act's provisions are
listed below:
a)
If a development permit has been issued prior to a Bylaw or any Bylaw amendment
coming into effect, and the Bylaw or amendment would result in the development
authorized by the permit to be non-conforming, then the development permit continues
to be in effect in spite of the Bylaw coming into force;
b)
Where a non-conforming use of land or building is discontinued for a period of six (6)
consecutive months, any future use of the land or building must conform with the land
use Bylaw then in effect;
4-3
c)
A non-conforming use may be extended throughout a building, but the building may not
be enlarged or added to, and no structural alterations may be made to it or in it, whether
or not the building is non-conforming;
d)
A non-conforming use, or part, or a lot may not be extended to any other part of the lot
and no additional building may be constructed on the lot while the non-conforming use
continues;
e)
A non-conforming building may continue to be used but the building may not be
enlarged, added to, rebuilt or structurally altered except:
i)
To make it a conforming building;
ii)
For routine maintenance of the building if the Development Authority considers it
necessary; or
iii)
In accordance with a Land Use Bylaw that provides minor variance powers to a
Development Authority for purposes of this Section;
a)
If a non-conforming building is damaged beyond seventy-five percent (75%) of the value
of the building above its foundation, the building shall not be repaired or rebuilt except in
accordance with the Land Use Bylaw; and,
f)
The land use or the use of a building is not affected by a change of ownership or
tenancy of the land or building.
SECTION 20 APPLICATION FOR DEVELOPMENT PERMIT
20.1
A Development Permit application shall be made to the Development Officer on the prescribed
form and shall be signed by the applicant or their agent.
20.2
In addition to the completed application form, the following are required in order to complete an
application:
a)
One (1) site plan at a scale of 1:100, unless otherwise acceptable to the Development
Officer, plus one (1) copy of the site plan reduced to standard page size, plus, when
digitally produced, one digital PDF format of the site plan showing:
i)
North arrow and scale of plan;
ii)
Legal description of property;
iii)
Municipal address;
iv)
Lot lines shown with dimensions;
v)
Proposed front, side and rear yards shown with dimensions;
vi)
Site topography, drainage patterns, grades and special conditions;
vii)
Location of existing / proposed buildings or structures (dimensioned to property
lines);
viii)
Development density, site coverage calculations, height by meters and number
of storeys according to the definitions of this Bylaw;
ix)
Location of existing / proposed on-site water and sewer services;
x)
Location of all registered utility easements and rights-of-ways;
xi)
Location of all existing and proposed trees, landscaping, retaining walls and
other physical features on a site, and an indication of which existing features will
be retained / removed in the course of developing the project;
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xii)
Dimension layout of existing and proposed off-street parking and loading areas,
entrances, exits and abutting roads (labelled); and
xiii)
Existing and proposed use of the existing and proposed building and/or property.
b)
Plans showing elevations, floor plan and the perspective of the proposed development
including a description of the exterior finishing materials, colours and signs;
c)
Engineering plans or a statement of intent respecting the provision of water and sewer
services, and franchise utilities to the site, and the location of all services and utilities;
d)
A lot grading plan;
e)
A landscaping plan;
f)
A copy of the Certificate of Title indicating ownership;
g)
If the applicant is an agent of the landowner, a letter from the landowner verifying the
agent's authority to make the application;
h)
A map showing the designated land use of the project site and of all properties located
within a 92 m (300 ft) of the boundaries of the site (for discretionary uses only);
i)
The estimated commencement and completion dates;
j)
The estimated value of the project;
k)
The applicable development permit fee; and
l)
A signed consent form allowing right-of-entry on the property by the Development
Officer.
20.3
In addition, the Development Authority may require the following:
a)
Photographic prints or slides showing the site in its existing state;
b)
A Plan of Survey prepared by an Alberta Land Surveyor showing the site to be
developed;
c)
A geotechnical or floodplain study prepared by a qualified engineer, recognized by
APEGA, if in the opinion of the Development Authority the site is potentially hazardous
or unstable;
d)
A reclamation plan for aggregate extraction or other major surface disturbance;
e)
A Phase 1 Environmental Site Assessment, conducted according to Canadian
Standards Association (CSA) guidelines, to determine potential contamination and
mitigation;
f)
An Environmental Impact Review prepared by a qualified professional if the proposed
development may, in the opinion of the Development Authority, result in potentially
significant environmental effects;
g)
Detailed studies regarding the potential impact and approach to dealing with traffic,
utilities and storm drainage prepared by a qualified engineer or engineering technologist
recognized by APEGA;
h)
Elevations of any signs proposed for the development; and,
i)
Such other information that is deemed necessary by the Development Authority.
20.4
The Development Authority may deal with an application without all the required information if,
in the opinion of the Development Authority, a decision can be properly made on the application
without that information.
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SECTION 21 APPLICATION FOR DEMOLITION
21.1
Not withstanding Section 17 (k) and in addition to the requirements of Section 20, an application
for a development permit for the demolition of a non-residential building shall include the
following information:
a)
The value of the building;
b)
The alternatives to demolition if the building is of historic or architectural value;
c)
The purpose for the building demolition and the type of structure to replace the
demolished building;
d)
A work schedule of the demolition and site cleanup;
e)
The destination of the debris materials; and
f)
The length of time before the site is to be redeveloped and treatment of the site after
demolition but prior to development.
SECTION 22 DECISION, CANCELLATION, SUSPENSION OR REVOCATION
22.1
The Development Authority may issue a development permit with any condition deemed
necessary to ensure that the development complies with the Municipal Government Act, this
Bylaw and any or all statutory plans.
22.2
In making a decision on a Development Permit application for a Permitted Use, the
Development Authority:
a)
Shall approve, with or without conditions, the application if the proposed development
conforms with this Bylaw; or
b)
Shall refuse the application if the proposed development does not conform to this Bylaw.
22.3
In making a decision on a Development Permit application for Discretionary Use, the
Development Authority:
a)
May approve the application if it meets the requirements of this Bylaw, with or without
conditions based on the merits of the application including any approved plan in
accordance with the County's plan hierarchy or approved policy affecting the site; or
b)
May refuse the application even though it meets the requirements of this Bylaw; or,
c)
Shall refuse the application if the proposed development does not conform to this Bylaw.
22.4
In reviewing a development permit application for Discretionary Use, the Development Authority
shall have regard to:
a)
The circumstances and merits of the application, including but not limited to:
i)
The impact on properties in the vicinity of such nuisance factors as smoke,
airborne emissions, odours and noise;
ii)
The design, character and appearance of the proposed development and in
particular whether it is compatible with the surrounding properties;
iii)
Any or all of the matters, but not limited to those, listed in Section 27.1; and
iv)
The servicing and access requirements for the proposed development.
b)
The purpose and intent of any approved plan in accordance with the County's plan
hierarchy; and
c)
The purpose and intent of any relevant polity adopted by the County.
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22.5
Not withstanding any provisions or requirements of this Bylaw, the Development Authority may
establish a more stringent standard for a Discretionary Use when the Development Authority
deems it necessary to do so.
22.6
The Development Authority shall refuse a development permit for a use or development that is
not listed as a Permitted or Discretionary Use.
22.7
Only one development permit application shall be allowed for any one use on a site at any one
time.
22.8
An application for a development permit shall be deemed to be refused when a decision is not
made by the Development Authority within forty (40) days after receipt of the application by the
Development Authority, unless an agreement to extend the forty (40) day period is established
between the applicant(s) and the Development Authority.
22.9
The Development Authority may cancel, suspend or revoke a development permit if:
a)
There is a contravention of any condition under which such permit was issued;
b)
The permit was issued in error; or
c)
The permit was issued on the basis of incorrect information.
22.10
A breach of term, condition or provision of a Development Permit shall constitute a
contravention of this Bylaw.
SECTION 23 TEMPORARY PERMITS
23.1
A development permit may be issued on a temporary basis and the Development Authority may
specify the length of time that the permit remains in effect.
23.2
Where a temporary permit is issued, the Development Officer shall:
a)
Require that the use be stopped or the temporary development removed once the permit
expires;
b)
Impose a condition that the County is not liable for any costs incurred in removing the
development.
23.3
The Development Officer may require that the applicant enter into an agreement with the
County guaranteeing the removal of the temporary development when the intended use is
changed or discontinued. The agreement may require the applicant to post a security
guaranteeing the removal of the development.
23.4
Upon expiry of a temporary development permit, a new application is required. Such application
shall be considered as a first application and the Development Officer is not obliged to approve
it on the basis that a previous permit was issued.
SECTION 24 VARIANCE AUTHORITY
24.1
Notwithstanding Section 22.3 (c), the Development Authority may approve an application for a
development permit that does not comply with this Bylaw if, in the opinion of the Development
Authority:
a)
The proposed development would not:
i)
Unduly interfere with the amenities of the neighbourhood; or
ii)
Materially interfere with or affect the use, enjoyment or value of neighbouring
properties; and
b)
The proposed development conforms to the use prescribed for the land or building in this
Bylaw.
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24.2
Not withstanding Section 22.6 and Section 24.1 (b), the list of discretionary uses for any land
use district shall be deemed to include any use that is, in the opinion of the Development
Authority, consistent with the overall intent of the land use district and similar in character and
purpose to a listed Permitted or Discretionary use.
24.3
Notwithstanding Section 22.2 (b), and subject to Section 24.6, the Development Officer may
allow a variance in regard to height, front and rear and side yard setbacks of up to 30%.
24.4
Notwithstanding Section 24.3, the Development Officer may consider allowing a variance in
excess of 30% of building height and side yard setback standards with the written consent of all
adjacent landowner(s).
24.5
Notwithstanding Sections 22.2 (b) and Section 22.3 (c), the Municipal Planning Commission
may consider allowing a variance of any standard prescribed by this Bylaw.
24.6
A variance may only be granted if, in the opinion of the Development Authority:
a)
The subject site has irregular lot lines of shape which creates difficulties in siting a
structure within the required setbacks, in which case the Development Authority may
permit the development and vary the setback or average the setbacks, such that the
proposed variance would not result in a development that will:
i)
Restrict safe passage for pedestrians and vehicles on adjoining sidewalks and
roadways;
ii)
Unduly interfere with the amenities of the neighbourhood;
iii)
Materially interfere with or affect the use, enjoyment, or value of neighbouring
parcels of land; and
b)
The proposed development conforms to the use prescribed in this Bylaw.
24.7
In considering a variance, the Development Authority shall:
a)
Not grant a variance if granting the variance results in a development that does not
comply with the requirements of the Municipal Government Act and the Subdivision and
Development Regulation;
b)
Not grant a variance which would infringe on any Airport zoning regulations;
c)
Grant a variance only in case of hardship or practical difficulty peculiar to the use,
character or situation of the land or building and which is not generally common to other
land in the district; and
d)
Have regard to the purpose and intent of the district and the nature of developments on
adjacent properties.
24.8
If a variance is granted, the Development Authority shall specify its nature in the development
permit approval.
24.9
Any variance which is approved is subject to Section 29.
24.10
Notwithstanding Section 24.3, the Development Officer may consider allowing a variance up to
10% of the required landscaping and parking for commercial, industrial and institutional
developments.
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SECTION 25 FEES
25.1
The fees to be charged by the County on all applications and other matters arising under this
Bylaw are set forth in the Red Deer County Fee Bylaw.
SECTION 26 DEVELOPMENT PERMIT REFERRALS
26.1
The Development Officer may refer any development permit application to any County
department and to any external agency for comment and advice.
26.2
The Development Officer shall refer a development permit application for a Discretionary Use or
an application for a variance to adjacent property owners indicating the location and nature of
the proposed development or variance and ask for comment.
26.3
After 19 days from the date of referral to any County department, any external agency or any
adjacent landowner, the Development Authority may deal with the application whether or not
comments have been provided.
SECTION 27 DEVELOPMENT PERMIT CONDITIONS
27.1
Subject to this Bylaw, any approved plan in accordance with the County's plan hierarchy or the
Municipal Government Act, the Development Authority may impose conditions it considers
appropriate to a development permit for either a permitted or a discretionary use, including but
not limited to the following considerations:
a)
that the developer enter into a servicing agreement pursuant to Section 27.2;
b)
landscaping;
c)
the attenuation of noise, odour, smoke or other nuisances;
d)
conformance to recommendations from any professional studies required as part of the
permit application, relating to matters such as slope, stability, traffic etc.;
e)
the compatibility of proposed traffic patterns and characteristics with those existing in the
affected neighbourhood;
f)
natural vegetation;
g)
environmental contamination;
h)
public safety;
i)
existing structures;
j)
the timing of completion of any part of the proposed development
k)
parking;
l)
the size, location, orientation, appearance and character of a building or other structure;
m)
hours of operation;
n)
site grading;
o)
the consolidation of parcels;
p)
completion of detailed plans and construction drawings illustrating the site layout,
landscaping, parking and building elevations, signs, stormwater management or utility
servicing, and
q)
any other condition to ensure the proposed development is compatible with surrounding
land uses
Where this Bylaw requires a minimum standard, the Development Authority may impose a
condition to a development permit requiring a higher standard where it is deemed by the
Development Authority that adherence to the minimum standard may result in conditions that
4-9
unduly interfere with the amenities of the neighbourhood or materially interfere with or affect the
use, enjoyment or value of neighbouring properties.
27.2
As a condition of development approval, the Development Authority may require that the
applicant enter into a servicing agreement with the County which, in addition to other matters,
may require the applicant:
a)
to construct or pay for the upgrading of:
i)
any roads required to give access to the development;
ii)
a pedestrian walkway system to serve the development or to give access to an
adjacent development, or both; and
iii)
off-street or other parking facilities and loading and unloading facilities;
b)
to construct, install or pay for any local improvements and utilities which are needed to
serve the development including, but not limited to, on-site storm water management
facilities and required easements and joint drainage and access requirements;
a)
to pay an off-site levy or redevelopment levy;
b)
to repair or reinstate, to original condition, any ditch, municipal landscaping or trees
which may be damaged or destroyed or otherwise harmed by development or building
operations upon the site;
c)
to provide an irrevocable letter of credit, or other form of security acceptable to the
Development Authority, to guarantee performance of the conditions of the Development
Permit; and
d)
to attend to all matters the Development Authority considers appropriate.
27.3
To ensure compliance with a servicing agreement, the County may register a caveat against the
property being developed which shall be discharged upon the terms of the agreement being
met.
SECTION 28 NOTICE AND VALIDITY OF DECISION
28.1
A decision of the Development Authority on an application for a development permit shall be
sent by email or other electronic means.
28.2
Where a residential development permit is issued in the Agricultural District, the applicant shall
be notified that the purpose of the Agricultural District is to provide landowners with the right to
farm and that agricultural activities have precedence in the Agricultural District.
28.3
Where a development permit application is refused, the reason(s) for the refusal shall be stated
in the decision letter.
28.4
Where a decision has been issued for a Discretionary Use, the Development Authority;
a)
Within 24 hours of the decision being made, shall publish a notice on the County's
website stating the legal description, municipal address, the nature of the development,
and the right to appeal; and/or and the right to appeal; and/or
b)
May send a notice by regular mail or email, to the applicant advising of the decision, and
the right of appeal.
28.5
Where a decision has been made granting a variance, the Development Authority:
a)
Within 24 hours of the decision being made, shall publish a notice on the County's
website stating the legal description, municipal address, the nature of the development,
and the right to appeal; and/or
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b)
May send a notice by regular mail or email, send a notice by regular mail or email to the
applicant advising of the decision, and the right of appeal.
28.6
A development permit issued for a permitted use with conditions or a decision by the
Development Authority allowing a variance or approving a discretionary use with or without
conditions does not come into effect until no notice of appeal has been filed with the Subdivision
and Development Appeal Board within the appeal period, and hereafter until all the conditions,
except those of a continuing nature have been met.
28.7
If the development authorized by a permit is not commenced within twelve (12) months from the
date of its issuance, or carried out with reasonable diligence, the permit is deemed to be void
and shall expire and cease to be valid, unless an extension to this period has previously been
requested by the applicant and granted by the Development Officer.
28.8
If an application for a development permit, redesignation, or statutory plan has been refused,
either by the Development Authority, Council or by a decision of the Subdivision and
Development Appeal Board, another application for a permit, redesignation, or statutory plan
may not be submitted on the same property for the same or similar use of the land, by the same
or any other applicant, for a period of eighteen (18) months after the date of the previous refusal
or appeal decision, with the exception of Section 28.10, unless a resolution is passed by Council
to waive the waiting period.
28.9
If an application for a subdivision has been refused, either by the Development Authority or by a
decision of the Subdivision and Development Appeal Board, another application for a
subdivision may not be submitted on the same property, by the same or any other applicant, for
a period of six (6) months after the date of the previous refusal or appeal decision.
28.10
Notwithstanding Section 28.8, the Development Officer may at its discretion receive a new or
revised development permit application for the same or similar use of the parcel before
18 months has elapsed from the date of the decision, when, in the opinion of the Development
Officer, the application has been sufficiently modified or corrected.
SECTION 29 APPEALING A DECISION
29.1
The applicant for a development permit may appeal to the Board if the Development Authority:
a)
Refuses or fails to make a decision on a development permit within 40 days of receipt of
a completed application or
b)
Issues a development permit subject to conditions.
29.2
In addition to the applicant, any person affected by a development permit or the decision on it
may appeal to the Board.
29.3
Notwithstanding Sections 29.1 and 29.2, no appeal lies in respect of the issuance of a
development permit for Permitted Use unless the provisions of this Bylaw are relaxed, varied, or
misinterpreted.
29.4
An appeal by an applicant must be commenced within 21 days of the notification of the decision
or when the 40-day period or any time extension expire. An appeal by any other affected
person must be made within 21 days of the notice of the issuance of the permit was given.
29.5
A decision on the development application within a Direct Control District may be appealed only
if the Development Authority did not follow Council's directions, it may, in accordance with
Council's directions, substitute its decision for that of the Development Authority.
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SECTION 30 THE APPEAL PROCESS
30.1
The Subdivision and Development Appeal Board shall consider and make decisions on appeals
pursuant to the provisions of the Municipal Government Act.
30.2
If a notice of appeal of a decision on a development permit application is served on the Clerk of
the Subdivision and Development Appeal Board, the permit shall not be effective until:
a)
The decision to approve the permit is upheld by the Subdivision and Development
Appeal Board; or
b)
The Clerk of the Subdivision and Development Appeal Board receives written notice
from the appellant withdrawing the appeal.
30.3
If a decision to approve a development permit is reversed by the Board, the development permit
shall be null and void.
30.4
If a decision to refuse a development permit application is reversed by the Board, the Board
shall direct the Development Officer to issue a development permit in accordance with its
decision.
30.5
If a decision to approve a development permit application is varied by the Board, the Board shall
direct the Development Officer to issue a development permit in accordance with its decision.
30.6
The decision of the Board is binding except on a question of jurisdiction or law, in which case
the appellant may appear to the Court of Appeal as provided in the Act.
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This page deliberately left blank
to facilitate double-sided printing
5-1
PART 5
AMENDING THE BYLAW
SECTION 31 BYLAW AMENDMENTS
31.1
County Council may amend this Bylaw pursuant to the provisions of the Municipal Government
Act.
31.2
Any person may apply to amend this Bylaw pursuant to the provisions of the Municipal
Government Act and the requirements of Section 32.
SECTION 32 CONTENTS OF AN AMENDED APPLICATION
32.1
An application to amend this Bylaw shall be made to the County on the prescribed form and
shall be signed by the applicant or their agent authorized in writing. The following information
and documents will accompany the application:
a)
A written statement of the reason for the request to amend the Bylaw including a
statement describing the implications of the amendment;
b)
The required application fee;
c)
If the amendment involves the rezoning of land to a different land use district, the
following is also required:
i)
A copy of the current Certificate of Title for the lands affected, or any other
documentation satisfactory to the Development Authority verifying that the
applicant has a legal interest in the land;
ii)
If the applicant is an agent of the landowner, a letter from the landowner verifying
the agent's authority to make the application;
iii)
Permission for right of entry by the Development Officer or a designated officer of
the County;
iv)
A properly dimensioned map indicating the affected site and its relationship to
existing land uses on adjacent properties;
d)
Such additional information as the Development Officer may require to properly evaluate
and to make recommendations to Council concerning the proposed amendment.
32.2
Council may require, prior to considering a proposed amendment to the Bylaw, that a developer
prepare a plan or plans in accordance with the County's plan hierarchy.
SECTION 33 THE AMENDMENT PROCESS
33.1
The amendment application may be referred by the Development Officer to:
a)
Any County Department for review and comment;
b)
Any external agency for comment and advice;
c)
The Municipal Planning Commission for consideration and recommendation to Council;
and
d)
Council for first reading and to establish a date for a public hearing to be held prior to
second reading.
33.2
In accordance with the Municipal Government Act, and after the date for a public hearing has
been set by Council, a notice of the application shall be advertised pursuant to the requirements
of Red Deer County's Advertisement Bylaw:
a)
The legal description of the land;
b)
The purpose of the proposed amendment;
5-2
c)
The one or more places where a copy of the proposed amendment may be inspected by
the public during reasonable hours;
d)
The date, place and time that Council will hold a public hearing on the proposed
amendment;
e)
An outline of the procedures to be followed by anyone wishing to be heard at the public
hearing; and
f)
An outline of the procedures by which the public hearing will be conducted.
33.3
If the amendment involves the rezoning of land to a different land use district, a notice shall be
communicated in writing to the owner(s) of the subject land and all adjacent landowners.
33.4
Council, after considering:
a)
Any representations made at the public hearing; and
b)
The Municipal Development Plan, and any approved plan(s) in accordance with the
County's plan hierarchy affecting the application and the provisions of this Bylaw; may
make such changes as it considers necessary to the proposed amendment, if any, and
proceed to pass the proposed amendment or defeat the proposed amendment.
33.5
If deemed necessary, the County may initiate an amendment to this Bylaw without the
landowner's consent.
6-1
PART 6
CONTRAVENTION AND ENFORCEMENT
SECTION 34 CONTRAVENTION
34.1
No person shall contravene this Bylaw by commencing or undertaking a development use, or
sign that is not permitted under this Bylaw.
34.2
No person shall authorize or do any development that is at variance with the description,
specifications or plans that were the basis for issuing a development permit under this Bylaw.
34.3
No person shall contravene a condition of a permit issued under this Bylaw.
34.4
A Bylaw Enforcement Officer or the Development Officer may enforce the provisions of this
Bylaw, the Municipal Government Act and its regulations, the conditions of a development
permit or subdivision approval.
34.5
The provisions of this Bylaw may be enforced by way of stop order, injunction or such other
relief as may be available under the Municipal Government Act.
34.6
A Designated Officer may inspect premises in accordance with the provisions of the Municipal
Government Act where there are reasonable grounds to believe that the premises are being
used in contravention of this Bylaw. Without limiting the generality of the foregoing, such
reasonable grounds would include:
a)
complaints from the public that premises are being used contrary to the Bylaw,
b)
the observations of a designated officer that there is excessive traffic, parking problems,
accumulated debris in a yard or other apparent breach of this Bylaw.
SECTION 35 STOP ORDER
35.1
If the Development Authority finds that a development, land use or use of a building is not in
accordance with the Act, this Bylaw, a development permit or subdivision approval, the
Development Authority may issue a written Stop Order to the owner, the person in possession
of the land or building, or other person responsible for the contravention, or all or any of them to:
a)
Stop the development or use of the land or building in whole or part as directed by the
notice;
b)
Demolish, remove or replace the development; or
c)
Carry out any other actions required by the notice so that the development or use of the
land or building complies with the Municipal Government Act or this Bylaw, a
development permit or a subdivision approval within the time set out in the notice.
35.2
A person may appeal a Stop Order to the Subdivision and Development Appeal Board.
35.3
If a person fails or refuses to comply with a Stop Order, the County may, in accordance with
Section 542 of the Municipal Government Act, enter upon the land or building and take such
action as is necessary to carry out the order.
35.4
The County may register a caveat with respect to the Stop Order in the Land Titles Office.
SECTION 36 OFFENCES AND PENALTIES
36.1
No person shall:
a)
fail to comply with a development permit or subdivision approval or conditions forming
part thereof;
b)
fail to comply with an order under sections and provisions of the Municipal Government
Act.
c)
fail to comply with a decision of the subdivision and development appeal board;
6-2
d)
obstruct or hinder any person in the exercise or performance of the person's powers
under this bylaw; or
e)
make use of land in a manner contrary to the provisions of this Bylaw.
36.2
A person who contravenes or fails to comply with any provision of this Bylaw is guilty of an
offence and liable upon summary conviction to the specified penalty set out in Section 36.6, or
in the case for which there is no specified penalty set out in Section 36.6, to a fine of $250.00 for
a first offence, $500.00 for a second offence and $1,000.00 for a third or subsequent offence,
and in default of payment of any penalty, to imprisonment for up to 6 months.
36.3
Where a Peace Officer reasonably believes that a person has contravened any provision of this
Bylaw, the Peace Officer may, in addition to any other remedy at law, serve upon the person a
violation tag, in the form used by the County, allowing payment of the penalty as set out in
Section 36.2 of this Bylaw for the particular offence, which payment will be accepted by the
County in lieu of prosecution for the offence, or a Peace Officer may issue a violation ticket in
accordance with the Provincial Offences Procedure Act, R.S.A. 2000, c. P-34 (as amended),
allowing a voluntary payment of the penalty as set out in Section 36.2 of this Bylaw, or, requiring
a person to appear in court without the alternative of making a voluntary payment. The
recording of the payment of a penalty made to the County or the Provincial Court of Alberta
shall constitute an acceptance of a guilty plea and conviction for the offence.
36.4
Any person who contravenes the same provision of this Bylaw after the date of the first
contravention is liable to the specified penalties for such second, third or subsequent offence in
the amount set out in columns two and three, respectively, of Section 36.6 of this Bylaw or as
set out in Section 36.2 of this Bylaw.
36.5
This section shall not prevent any Peace Officer from issuing a violation ticket requiring a court
appearance of the defendant, pursuant to the provisions of the Provincial Offences Procedures
Act, or from issuing a Stop Order in lieu of or in addition to issuing a violation ticket.
36.6
Specified Penalties for Offences under the Land Use Bylaw:
SECTION
DESCRIPTION OF OFFENCE
FIRST
OFFENCE
SECOND
OFFENCE
THIRD OR
SUBSEQUENT
OFFENCE
16.1
Residential Development: Commence
Development without Permit or
proceed contrary to conditions
$500.00
$1,000.00
$2,000.00
16.1
Industrial/Commercial/Institutional
Development: Commence
Development without Permit or
proceed contrary to conditions
$5,000.00
$7,500.00
$10,000.00
56.3
Altered Drainage
$500.00
$1,000.00
$5,000.00
59.1
Unsightly premises
$500.00
$750.00
$1,000.00
80.1
Displaying a Sign in contravention of
this Bylaw
$500.00
$1,000.00
$5,000.00
7-1
PART 7
GENERAL REGULATIONS
SECTION 37 APPLICABILITY
37.1
Where there appears to be a conflict with the regulation in other Sections, these regulations
apply unless those Sections specifically exclude or modify these general development
regulations.
SECTION 38 ACCESSORY BUILDINGS AND USES
38.1
An accessory building shall not be used as a dwelling unit and shall not contain cooking
appliances.
38.2
Not withstanding Section 38.1 an accessory building may include a garden suite in accordance
with Section 63a of this Bylaw.
38.3
With the exception of the Agricultural District, no accessory building or part of an accessory
building shall be located in the front yard.
38.4
An accessory building shall not be located on an easement or utility right-of-way.
38.5
In all districts, an accessory building is subject to the setback regulations of that district.
38.6
Notwithstanding Section 38.5, in the, R-3, R-4, R-5 and DCD#9A residential districts, an
accessory building shall be setback a minimum of 1.0 m (3 ft) from the side and rear property
lines in a rear yard unless the accessory building is:
a)
Less than 2.0 m (6.5 ft) in height,
b)
A mutual garage erected on common property line and the common wall is a firewall,
c)
A detached garage with its vehicle door facing the lane in which case a rear yard
setback of 1.0 m or 3.0 m (10 ft) is required, or
d)
A detached garage located on a corner lot in which case a minimum setback of 3.0 m
(10 ft) is required from the property line paralleling the flanking roadway.
38.7
Maximum height restrictions for accessory buildings are as follows:
a)
4.5 m (15 ft) in the R-3, R-4, R-5, R-6, R-7 and R-8 Districts.
b)
7.0 m (23 ft) in the R-1, R-1M and R-2 Districts.
c)
In all other districts, the maximum height of an accessory building is the same as that of
the principal building.
38.8
Notwithstanding Section 38.7 c), where an accessory building is located on a site which abuts a
site in a residential district, the maximum height of the accessory building shall not be greater
than the maximum height permitted for the principal building in the abutting residential district.
38.9
An accessory building shall not be developed or approved on a lot prior to the issuance of a
development permit for the principal building or use on the lot.
38.10
An accessory building shall be located a minimum of 3.0 m (10 ft) from a principal building on a
lot, except in the DCD#9A District.
38.11
An accessory building on a site in a residential district shall be similar to, and complement, the
principal building in exterior material, colour and appearance.
38.12
Decks, balconies, sunrooms and the like shall not be constructed on top of an accessory
building unless the setbacks of the accessory building comply with the allowable setbacks for
the principal building in that district.
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SECTION 39 BED AND BREAKFAST FACILITY AND GUEST RANCH
39.1
A bed and breakfast or a guest ranch is an accessory use to a principal residential use.
39.2
The Development Authority may permit a bed and breakfast or guest ranch only if, in the opinion
of the Development Authority, it complies with the following regulations:
a)
With the exception of the AG, R-1 and R-2 Districts, bed and breakfast and guest
ranches are not permitted where a development permit has been issued for a major
home business;
b)
The privacy and enjoyment of adjacent residences shall be preserved and the amenities
of the neighbourhood maintained at all times;
c)
Interior or exterior alterations, additions or renovations to accommodate a bed and
breakfast or guest ranch may be allowed provided such alterations, additions or
renovations maintain the principal residential appearance or character of the dwelling
and comply with this Bylaw, the Safety Codes Act, and any other County bylaws;
d)
Accessory dormitory structures such as cabins or tipis may be permitted to
accommodate guests;
e)
A bed and breakfast or guest ranch shall be operated only by the permanent resident(s)
of the principal dwelling and no more than four (4) non-residential employees on site;
f)
One on-site parking stall shall be provided for each bedroom provided for compensation;
and
g)
A bed and breakfast or guest ranch shall meet the signage requirements of
Section 81.1 (c)
SECTION 40 BOARDING FACILITY
40.1
A boarding facility may only be permitted in a single detached dwelling.
40.2
One on-site parking stall shall be provided for each bedroom provided for compensation.
SECTION 41 BUILDING DESIGN, CHARACTER AND APPEARANCE
41.1
All buildings shall be attractive in appearance and shall be constructed of materials that comply
with the Safety Codes Act or as approved by the Development Authority.
41.2
Where applicable, buildings shall comply with any architectural / design guidelines in an Area
Structure Plan.
41.3
The exterior finish of a building in all residential districts shall be completed within one year from
the issuance of the development permit unless otherwise stipulated in the development permit.
41.4
The design, character, siting, external finish, architectural appearance and landscaping of all
buildings, including accessory buildings or structures shall be to the satisfaction of the
Development Authority.
41.5
Exterior finish shall be wood, prefabricated materials, stone, brick, architecturally finished block
or concrete, stucco or other durable aesthetically pleasing material that is appropriate to the
development style and to the satisfaction of the Development Authority.
41.6
All sides of a building exposed to a highway or public road shall be treated as a principal facade
and finished in an aesthetically pleasing manner to the satisfaction of the Development
Authority.
41.7
Roof lines and building facades shall be articulated and varied to reduce perceived mass and
linear appearance of large buildings.
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41.8
Except in the Agricultural District and all industrial districts, mechanical equipment shall be
screened or incorporated into the roof envelope.
41.9
The undercarriage of a manufactured home shall be screened from view by skirting or such
other means satisfactory to the Development Authority.
41.10
The appearance and finishing of all accessory structures to a manufactured home, such as
patios, porches, additions, garages, skirting and storage facilities, shall complement the
manufactured home to the satisfaction of the Development Authority.
41.11
The finish and appearance of all the buildings on the lot, including accessory buildings, should
complement the other structures located on the same lot.
41.12
The design of development shall respect, complement, and work with the natural features of the
development site to the satisfaction of the Development Authority.
SECTION 42 COMMUNICATION TOWERS
Note: Industry Canada is responsible for regulating radio communication in Canada and for authorizing the
location of radio communication facilities, including communication towers. In making its decision regarding
the communication tower and related facilities, Industry Canada considers the following:
-
The input provided by the land-use authority;
-
Compliance with Transport Canada's painting and lighting requirements for aeronautical safety;
-
Health Canada's safety guidelines respecting limits of exposure to radio frequency fields; and
-
An environmental assessment may be required in order to comply with the Canadian Environmental
Assessment Act.
The participation of the County in the consultation process does not transfer any federal decision-making
authority, nor does it confer a right of veto in the location of the radio communication facility.
42.1
An antenna and support structure for the following uses are subject to the requirements of
Section 62;
a)
Ham radio;
b)
Citizen band radio; and
c)
A telecommunication device that only receives signals (e.g., satellite dishes).
42.2
An antenna and supporting structure for the following uses are discretionary in all districts:
a)
Radio and television transmission;
b)
Two-way radio;
c)
Common carriers;
d)
Land-mobile systems; and
e)
Fixed point microwave.
42.3
Unless demonstrated to be impractical, a transmission antennae shall be mounted on an
existing structures (including buildings or towers) or within transportation and utility corridors.
42.4
The tower base shall be set back from abutting parcels and roadways by a distance of
20 percent of the tower height or the distance between the tower base and guy wire anchors,
whichever is greater.
42.5
Guy wire anchors shall be setback at least 1.0 m (3 ft) from the property line.
7-4
42.6
Transmission towers must have the least practice adverse visual effect on the environment.
This may be mitigated through landscaping and/or fencing, etc.
42.7
Sites for commercial communication towers shall be fenced with suitable protective anti-climb
fencing as required by the County.
42.8
Communication antennae and structures to be located in all districts shall obtain a development
permit where they exceed 4.6 m (15 ft) in height from grade.
42.9
An application for a development permit shall include a site plan drawn to scale and identifying
the site boundary, tower, guy wire anchors, existing and proposed structures, vehicular parking
and access, existing vegetation to be retained, removed, or replaced, and uses and structures
on the site and abutting properties.
Note: The County encourages applicants to consult with residents adjacent to the site.
SECTION 43 CORNER LOT RESTRICTIONS
43.1
On a corner lot, in all residential districts except R-1, R-6 and R-7, no fence, wall, tree, hedge,
or other structure exceeding 1.0 m (3 ft) in height above grade shall be permitted in a corner
visibility triangle created by the property lines that form the corner and a straight line connecting
the two points 6.0 m (20 ft) back along these property lines measured from their intersection.
43.2
In all other districts, no opaque fence, wall, tree, hedge or other structure exceeding
0.8 m (2.5 ft) in height above grade shall be permitted in a corner visibility triangle created by
the property lines that form the corner and a straight line connecting the two points 20 m (66 ft)
back along these property lines measured from their intersection.
No development
>1.0m in height
No development
>0.8m in height
7-5
SECTION 44 DECKS
44.1
A deck must:
a)
Meet the required front yard setback of the principal building;
b)
Be located at least 1.0 m from the side property line;
c)
Notwithstanding (b) above, be located at least 3.0 m (10 ft) from the side property line on
the street side of a corner lot;
d)
Pursuant to Section 43 not be located within the corner visibility triangle; and
e)
Except for the R7 District, be located at least 3.0 m (10 ft) from the rear property line.
44.2
When a deck becomes covered or enclosed, it shall be considered an addition to the principal
building and is required to meet the district requirements for the principal building.
44.3
Notwithstanding Section 44.1, when a deck is not more than 0.6 m (2 ft) above grade at any
point, it may be located next to a side or rear property line and may encroach up to 2.0 m (6 ft)
into a required front yard.
44.4
Notwithstanding Section 44.1, when a deck is 2.0 m (6 ft) or more above grade, it shall be
located a minimum of 3.0 m (10 ft) from a side or rear property line. Except in the R7 District in
which it will be required to meet the district setback requirements.
44.5
A deck shall be included in the calculation of lot coverage.
SECTION 45 DEVELOPMENT SETBACKS FROM WATER BODIES AND SLOPES
45.1
Permanent structures, except some accessory buildings, shall not be permitted within the flood
plain of any river, stream or lake shore unless proper flood proofing techniques are applied. A
certificate from a qualified, registered professional engineer or architect shall be required by the
County to confirm the development has been properly floodproofed. In addition, developers
may be required to submit an Emergency Action Plan.
45.2
Subject to Section 45.1 if the Development Authority is satisfied that the applicant can and will
take preventative engineering and construction measures to make the site suitable for the
specific development, the Development Authority may require the applicant for the specific
development permit to enter into a save harmless agreement with the County, relieving the
County of responsibility for any damage or loss caused through flooding or subsidence.
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45.3
A minimum building setback of 30 m (100 ft) is required from the high-water mark of a water
body to which the Crown claims ownership.
45.4
Except for an accessory building, a minimum building setback of 30 m (100 ft) is required from
the highest valley break of any named watercourse. At the sole discretion of the Development
Authority, a setback greater than 30 m is required where the valley break is that of a riverbank
which is higher than 10 m. Lesser setbacks will be considered only when the Development
Authority is satisfied by the submission of a geotechnical engineering study prepared by a
professional engineer that a lesser setback is warranted.
45.5
Development permit applications may be required to submit a slope stability assessment
completed by a licensed Geotechnical Engineer or a person qualified to perform the work.
45.6
Where a development permit has been issued pursuant to Section 45.5, the Development
Authority may require a security deposit be submitted to the County to ensure the development
is carried out in conformity with the approved engineering and construction measures.
45.7
The County shall require a geotechnical report be prepared in support of all development that
are proposed in proximity to the top or bottom of a valley slope which exceeds a 15% grade. A
setback greater than 30 m (100 ft) may be required where a riverbank is higher than
10 m (33 ft). Lesser setbacks may be considered only if mitigative measures recommended by
a qualified engineering professional are implemented, and if ecological areas of value will not be
lost.
45.8
No trees or vegetation shall be cleared within 30 m (100 ft) of any water body, water course or
the crest of a slope greater than 15% where the removal could have a negative impact on the
water body, water course or slope stability.
SECTION 46 DEVELOPMENT SETBACKS FROM RURAL ROADS / HIGHWAYS
46.1
A minimum building setback of 46 m (150 ft.) is required from the right-of-way of a highway or a
rural road outside of hamlet boundaries unless otherwise provided for in this Bylaw.
46.2
No development shall be commenced within 1.6 km (1 mile) of a highway unless a permit has
been issued by Alberta Transportation.
46.3
On a lot located adjacent the intersection of two rural roads no development, access or egress,
shall be permitted within the areas illustrated in Figure 46-1.
7-7
Errata: In Figure 46-1, 152 m = 500 ft.
46.4
On a lot located on the inside of a curve on a rural road no development, access, or egress,
shall be permitted within the areas illustrated in Figure 46-2.
46 m (150 ft) setback for
shelterbelts, dugouts,
forage stacks
Development setback 46 m (150 ft)
from edge of road right-of-way.
152 m (300 ft)
No vehicular access
within black area.
No development
or shelterbelts
within shaded area.
152 m (300 ft)
46 m (150 ft)
46 m (150 ft)
Property Line (P)
L
PL
PL
46.5
Unless otherwise approved by the Development Authority, no access or egress to a rural road
shall be permitted where it would be:
a)
Less than 152 m (500 ft) from an existing access or egress on the same side of the road;
b)
Less than 152 m (500 ft) from a bridge; or
c)
Less than 152 m (500 ft) from an at-grade railway crossing.
SECTION 47 DWELLING UNITS ON A PARCEL
47.1
The number of dwelling units permitted on a parcel shall be one, except where additional
dwellings are:
a)
Contained in a building designed for, or divided into, two or more dwelling units and is
located in a land use district which includes duplexes, multi-attached dwellings or
apartments;
b)
A manufactured home forming part of a manufactured home park or work camp for
which a development permit has been issued; or
c)
A building as defined in the Condominium Property Act that is the subject of an approved
condominium plan registered with Alberta Registries;
Errata: In Figure 46-2, 152 m=500 ft.
7-8
47.2
A Development Officer may approve a Second Dwelling in accordance with the requirements of
Section 47.3, 47.4, and Part 11 Agricultural District.
47.3
Approvals under Section 47.2 are subject to the following conditions:
a)
The second dwelling shall be compatible in architectural appearance, colour, style and
size to the principal residence.
b)
Wherever possible the second dwelling must comply with the maximum lot coverage
applicable to the district in which it is located.
c)
Wherever possible, the second dwelling must tie into the existing water, sewer, and
storm drainage systems, as well as franchise utilities, access roads, driveways, and
approaches existing upon the lot;
d)
A Garden Suite is not considered a second dwelling within the AG District. If however,
two dwellings are already located on the property prior to an application being received
for a Garden Suite, the application will be considered as a discretionary use.
e)
The total number of dwelling units shall not exceed two within any residential district
which contemplates a secondary suite or garden suite and the total number of dwelling
units shall not exceed three within the Agricultural District, with the third dwelling unit
being considered as a discretionary use. This includes any combination of a principal
dwelling, second dwelling, secondary suite or garden suite.
47.4
In addition to Section 47.3, approvals under Section 47.2 for a Second Dwelling, which is
temporary in nature and is to be occupied during construction or location of a new dwelling,
shall be subject to the following:
a)
The Applicant shall enter into an agreement with and to the satisfaction of the
Development Authority, containing such terms as the Development Authority deems
necessary to ensure the provisions of this section of the Bylaw are enforceable and
complied with, including but not limited to:
i)
The applicant shall, within 30 days of occupying the new dwelling, remove,
destroy or render uninhabitable the former dwelling located on the Lands to the
satisfaction of the Development Authority.
SECTION 47A CLUSTERED FARM DWELLINGS
47a.1
The new Clustered Farm Dwelling shall be compatible in appearance, color, style and size to
the principal residence.
47a.2
Wherever possible the new Clustered Farm Dwelling must comply with the maximum lot
coverage applicable to the Agricultural District.
47a.3
Wherever possible, the new Clustered Farm Dwelling must tie into the existing water, sewer and
storm drainage systems, as well as franchise utilities, access roads, driveways, and approaches
existing upon the lot.
SECTION 48 EASEMENTS
48.1
Notwithstanding Section 38.5, a development permit shall not be issued for a development other
than a fence that encroaches in or over a utility easement or right-of-way without the written
consent of the person to whom the easement is registered to or the person whose utility line is
located in the easement.
7-9
SECTION 48A ENVIRONMENTAL REVIEW IN ENVIRONMENTALLY SIGNIFICANT AREAS
48A.1
The following requirements of this regulation shall be applied by the Development Authority prior
to approving any development on lands located within an Environmentally Significant Area
(ESA) as identified in the Environmentally Significant Areas Inventory (2011), as amended from
time to time.
48A.2
A full environmental review shall be required for:
a)
All developments requiring re-zoning or an area structure plan prior to third reading,
b)
Aggregate removal or processing as part of a new application; or
c)
An Environmental Review is not required for renewal of existing permits provided there
is no expansion to the current pit boundaries or significant operational changes to the
original permitted development.
48A.3
A Basic Environmental Review may be required for any new development, including Home
Business Major, as determined by the Development Authority.
48A.4
Notwithstanding Section 48a.3, an environmental review is not required for the following types
of development:
a)
A dwelling unit,
b)
An accessory building,
c)
A minor home-based business, and
d)
An addition to a dwelling unit or accessory building.
48A.5
A full Environmental Review shall be conducted by a qualified environmental professional in
accordance with the County's Development's Guidebook for Projects in Environmentally
Significant Areas.
48A.6
Environmental reviews are subject to approval by the Development Authority before a
development permit may be issued.
48A.7
Developments that are non-conforming, pursuant to Section 19 of the Land Use Bylaw, or
developments with an approved Basic or Full Environmental Reviews shall not require any
further environmental review unless:
a)
The applicant is proposing a development that is substantially different from the
previously approved development in nature or in land area; or
b)
The applicant is proposing a major development.
48A.8
Recommendations for impact mitigation resulting from the approved environmental review shall
be applied and adhered to as a condition of the development permit.
48A.9
The applicant shall enter into an agreement with and to the satisfaction of the Development
Authority, containing such terms as the Development Authority deems necessary to ensure the
provisions of this section of the bylaw are enforceable and complied with, and which the
agreement shall be registered by way of caveat upon the title to the land at the full expense of
the landowner.
SECTION 49A EXCAVATION (DOES NOT INCLUDE SAND AND GRAVEL MINING)
49A.1
The following regulations are intended to apply to those situations where site grading (including
the construction of an artificial water body, but not a dugout) are being proposed independent of
7-10
or prior to other development on the same parcel or site. This does not include sand and/or gravel
extraction.
49A.2
An application for a development permit for the excavation of land that is not for the purpose of a
construction site preparation shall include, but not be limited to the following information:
a)
the location and area of the site where the excavation is to take place;
b)
the expected duration of the excavation;
c)
the type and dimensions including average depth of the excavation to be done, and the
effect on existing drainage patterns on and off the site;
d)
identification of the outdoor noise and the discharge of substances into the air; and
e)
the condition in which the site is to be left when the operation is complete, including the
action which is to be taken for restoring the condition of the surface of the land to be
affected, and for preventing, controlling, or lessening the creation of erosion or dust from
the site.
49A.3
Where, in the process of development, areas require levelling, filling, or grading, the topsoil shall
be removed before work commences and shall be stockpiled and replaced following the
completion of the work.
49A.4
The applicant shall ensure dust and noise control measures are undertaken to prevent such
nuisance effects. The applicant shall conduct dust control procedures at the request of and to the
satisfaction of the Development Authority. In this regard, stockpiles shall be located in a position
to act as a sound barrier.
49A.5
The applicant shall keep the area subject to the development permit in a clean and tidy condition
free from rubbish and non-aggregate debris.
49A.6
All operations shall be, at a minimum, in accordance with Alberta Environment's standards for
conservation and reclamation.
49A.7
The disturbed area shall be reclaimed to a land capability equivalent to the pre-disturbance land
capability (e.g., agricultural land) or a post-disturbance condition and land use (e.g., conversion
to wetland) which are satisfactory to the Development Authority.
SECTION 49B CONSTRUCTION SITE PREPARATION (INCIDENTAL TO AN APPROVED DEVELOPMENT)
49B.1
Excavation for the purpose of construction site preparation incidental to an approved development
does not require a development permit provided the following conditions are met:
a)
The applicant must have a subdivision or development application for the subject site
submitted to the County for processing.
b)
The developer shall provide to the County the following information prior to commencing
site preparation:
i)
The purpose, location and area of the site where excavation will take place,
including the location and approximate volume of topsoil stockpiles;
ii)
The nature of the excavation that will be carried out;
iii)
The existing site conditions, including location and type of vegetation; and
iv)
A grading plan or storm water drainage plan prepared by a professional engineer
and approved by the Development Authority, which could comprise a grading plan
or storm water drainage plan that has been previously approved as part of
approving subdivision construction drawings, where applicable.
7-11
c)
Construction site preparation is undertaken at the applicant or landowner's risk, with no
guarantee that any permits or other approvals will be granted for the project.
d)
No excavation other than what was identified shall be carried out until permits or approvals
are issued. Activity shall be limited to the lands identified for the excavation.
e)
Any vegetation or natural features that are identified for preservation in an adopted County
plan, environmental inventory or other County documents shall not be damaged or
removed.
f)
Topsoil must be stockpiled on the subject property.
g)
Stockpiles must be limited to the volume required for finishing the grade of the site
subsequent to construction completion.
h)
It is the responsibility of the developer to ensure the construction site preparation meets
all of the requirements of the County Land Use Bylaw and other provincial and federal
requirements.
i)
Any dust control measures must be carried out in conformance with the County's dust
abatement policies, with all cost being borne by the developer.
j)
The developer is responsible for ensuring all development is outside active utility right of
ways.
k)
Any contamination of the environment resulting from the developer's excavation activities
shall be remediated at the cost of the developer and paid for by the developer.
l)
Construction site preparation does not include the digging of a building foundation or the
installation of pilings.
m)
Failure to comply with the aforementioned conditions will be deemed a contravention of
this Bylaw.
SECTION 50 FENCING AND SCREENING
50.1
Fences shall complement the character and quality of the principal building.
50.2
With the exception of the Agricultural District, the maximum height of a fence as measured from
grade shall be:
a)
2.0 m (6 ft) for that portion of the fence which does not extend beyond the most forward
portion of the principal building on the lot;
b)
1.0 m (3 ft) for that portion of the fence which extends beyond the most forward portion
of the principal building on the lot; and
c)
as specified for corner lots pursuant to Section 43.
50.3
Notwithstanding Section 50.2, a higher fence or a fence with barbed or other security features
may be approved by the Development Authority for public safety, security, privacy, or buffering
purposes. On parcels 1.0 ac or larger a 6 ft fence is allowed in the front yard as a permitted
use, as long as it is not a solid fence.
50.4
Except in the Agricultural District, unless required as part of the sale, promotion or display of a
vehicle, equipment or product, all outdoor storage of vehicles, equipment, or products shall be
screened from public view to the satisfaction of the Development Authority.
50.5
Screening in the form of fences, hedges, landscaped berms, or other means is required along
the property lines of all commercial and industrial lots where such lines are coterminous with a
residential property or are adjacent to lanes that abut a neighbouring residential property. Such
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screening shall be at least 1.8 m (6 ft) high. Other dimensions of the screening shall be at the
discretion of the Development Authority.
50.6
For bulk outdoor storage, including but not limited to auto wrecking, lumber yards, pipe storage,
and similar uses, where because of height of materials stored, a screen planting would not be
sufficient, a fence, earth berm or combination thereof to the satisfaction of the Development
Authority, shall be required.
50.7
Security gates shall be located outside of any road right-of-way or utility right-of-way and the
location shall not impede the travelling public. Emergency access will still be required to private
property.
SECTION 51 HISTORIC SIGNIFICANCE AND AIRPORT VICINITY OVERLAYS
51.1
Schedule B being the Historic Significance Overlay may be applied to the buildings or lands the
Development Authority considers worthy of designation as historically significant.
51.2
Schedule C being the Airport Vicinity Overlay Regulations shall apply to the lands affected by it.
SECTION 52 HOME BUSINESS
52.1
A minor home business requires a development permit and must meet all the criteria in
Section 52.3 and Section 52.4.
52.2
A major home business requires a development permit and must meet all criteria in
Section 52.3 and Section 52.5, excepting Section 52.6, major home business - event center.
52.3
All home businesses shall comply with the following general regulations:
a)
All home businesses shall be considered temporary uses and will have a fixed expiry
date specified in a development permit.
b)
Nuisance: noise, vibration, smoke, dust, odours, heat, glare, electrical, or radio
disturbance detectable beyond the property boundary shall not be produced by the
home business. At all times, the privacy and enjoyment of adjacent residences shall be
preserved, and the amenities of the neighbourhood maintained.
c)
Any interior or exterior alterations, additions, or renovations to accommodate a home
business, or to accommodate some other residential function in the principal dwelling so
that some of the existing space may be used for the home business, may be allowed as
long as such alterations, additions, or renovations comply with the Land Use Bylaw, the
Safety Codes Act and any applicable bylaws of Red Deer County.
d)
Except for emergency situations, all home business vehicle trips shall be restricted to:
i)
Monday to Saturday between the hours of 7:00 AM and 10:00 PM; and
ii)
Sundays and Statutory Holidays between the hours of 10:00 AM to 6:00 PM.
e)
In addition to the required number of residential parking spaces, the major home
business shall provide three (3) spaces and the minor home business should provide
one (1) space.
f)
There shall be adequate on-site parking or storage space provided for all home business
vehicles. Any permitted heavy vehicles shall be parked indoors or outdoors in a location
that is generally not visible from a public road or adjacent property. Except for on a
permitted driveway, no parking shall be permitted in a front yard.
52.4
Minor home businesses shall meet all the requirements of Section 52.3 and shall comply with
the following regulations:
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a)
The home business shall not occupy more than 30% of the gross floor area of the
principal dwelling.
b)
Any storage of materials or goods related to the minor home business must be located
within the principal dwelling and/or accessory structure and no exterior storage is
permitted.
c)
There shall be no more than four (4) home businesses clients or customers on site
during any period of 24 hours for a minor home business.
d)
The minor home business shall be operated by the permanent resident(s) of the
principal dwelling and shall employ no non-resident, on-site employees.
e)
The minor home business shall have no more than two (2) home business vehicles used
in conjunction with the home businesses, parked and maintained on the site. The home
business shall not generate additional traffic that is uncharacteristic of the
neighbourhood. There shall be no heavy vehicles used in conjunction with a minor
home business.
52.5
In addition to Section 52.3 a major home business shall comply with the following regulations:
a)
The home business shall not occupy more than 30% of the gross floor area of the
principal dwelling plus the area of accessory structures.
b)
The home business shall be operated by the permanent resident(s) of the principal
dwelling, and may employ no more than four (4) non-resident on-site employees.
c)
The major home business shall have no more than four (4) home business vehicles
used in conjunction with the home business, parked and maintained on the site.
d)
A major home business may have one sign in conformance with the signage
requirements of Section 81.1(c).
52.6
A major home business - event center shall comply with the following regulations:
a)
No event center structure shall be located within 300 m (1,000 ft) of any dwelling located
on an adjacent parcel.
b)
All vehicle parking in association with the event center shall be in the side or rear yard of
the parcel and screened from adjacent parcels. No vehicles shall be parked on a private
driveway or on County Road.
c)
The event center business shall be considered a temporary use and will have a fixed
expiry date of five years (5) specified in a development permit.
d)
Any interior or exterior alterations, additions, or renovations to an accessory building to
accommodate the event center business, may be allowed if such alternations, additions,
or renovations comply with the Land Use Bylaw, the Safety Codes Act and any
applicable bylaw.
e)
Any storage of materials or goods related to the event center business must be stored
within an accessory structure, no exterior storage is permitted.
f)
The event center business shall be operated by the permanent resident(s) of the
principal dwelling and may employ no more than four (4) non-resident on-site
employees.
g)
An event center business may have one non-illuminated sign with a total copy area not
exceeding 1.11 m² (12 ft²) in association with the event center business.
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h)
A Traffic Impact Assessment may be required to be submitted and approved by Red
Deer County prior to the issuance of a Development Permit.
i)
The Applicant will be required to submit an Emergency Action Plan to the County
Emergency Management Department for review and approval prior to the issuance of a
development permit.
j)
A Noise Impact Assessment may be required to be submitted and approved by Red
Deer County prior to issuance of a development permit for new applications and for
renewal of an already existing Development Permit application.
k)
The event center facility shall not create nuisance noise detectable beyond the property
boundary. At all times, the privacy and enjoyment of adjacent residences shall be
preserved, and the amenities of the neighborhood shall be maintained.
SECTION 52A HYDROVAC WASTE DISPOSAL FACILITY
a)
No structure, pit or drying area shall be located within 500 m (1,640 ft) of any dwelling
located on an adjacent parcel when being considered within an Agricultural District.
b)
All vehicle parking in association with the business shall be in the side or rear yard of the
parcel and screened from adjacent parcels. No vehicles shall be parked on a private
driveway or on a County Road.
c)
The hydrovac waste disposal facility shall be considered a temporary use and will have a
fixed expiry date of five years (5) as specified in a development permit, within the
Agricultural District.
d)
The hydrovac waste disposal facility shall be operated by the permanent resident(s) of
the principal dwelling and may employ no more than four (4) non-resident on-site
employees when being considered within the Agricultural District.
e)
A hydrovac waste disposal facility may have one non-illuminated sign with a total copy
area not exceeding 1.11 m² (12 ft²) in association with the business.
f)
A Traffic Impact Assessment may be required to be submitted and approved by Red
Deer County prior to the issuance of a Development Permit.
g)
The Applicant will be required to submit an Emergency Action Plan to the County
Emergency Management Department for review and approval prior to the issuance of a
development permit.
h)
A Noise Impact Assessment may be required to be submitted and approved by Red
Deer County prior to the issuance of a Development Permit. Noise mitigation techniques,
such as screening and berming may be required.
i)
The Applicant shall obtain all applicable provincial and federal legislation and regulations
and shall provide confirmation of said approvals.
j)
A hydrovac waste disposal facility shall not be located within 300 m of a school, hospital,
food establishment or residential use.
k)
The hydrovac waste disposal facility shall not create nuisance noise detectable beyond
the property boundary. At all times, the privacy and enjoyment of adjacent residences
shall be preserved, and the amenities of the neighborhood shall be maintained.
l)
A drainage plan shall be submitted to the satisfaction of Red Deer County.
7-15
SECTION 53 KENNELS
53.1
All buildings, cages and/or outdoor exercise areas shall be to the satisfaction of the
Development Authority and shall comply with the following regulations:
a)
No building or outdoor exercise area shall be located within 300 m (1,000 ft) of any
dwelling located on an adjacent parcel;
b)
Where applicable, all facilities, including buildings and outdoor exercise areas, shall be
located behind the principal building;
c)
All facilities, including buildings and outdoor exercise areas, shall be screened from any
existing dwellings on an adjacent parcel;
d)
All facilities shall be cleaned on a daily basis;
e)
Exercise areas for animals shall be fenced to the satisfaction of the Development
Authority; and
f)
No animals shall be allowed outdoors between the hours of 10:00 pm and 7:00 am.
53.2
A kennel shall not interfere with the use and enjoyment of adjacent properties.
53.3
An application for a kennel that meets the regulations set forth in Sections 53.1 and 53.2 may
be approved by the Development Officer.
7-16
SECTION 54 GENERAL LANDSCAPING REGULATIONS
54.1
Except for a single detached dwelling, a duplex and an Agricultural operation, the Development
Authority shall apply the Landscaping Regulations in conjunction with every application for a
development permit involving new development or when any existing development is, in the
opinion of the Development Authority, substantially enlarged or increased in intensity of use.
Where a development permit was issued for the use, building or development prior to this Bylaw
taking effect, such use, building or development shall be deemed conforming to the
Landscaping Regulations; however, any subsequent extension, enlargement or addition of
uses, buildings or developments shall conform to these regulations.
54.2
The landscaping plan shall, to the satisfaction of the Development Officer, include the following:
a)
name of the project and/or applicant;
b)
name and/or endorsement stamp of the landscape professional;
c)
north arrow, plan scale, and legal and civic addresses;
d)
a site plan, with the location of proposed landscaping and related landscaping features
(e.g., planting beds, boulders etc.), in relation to all existing and proposed buildings,
signs, outdoor storage, parking, display areas, approaches, and driveways;
e)
location of proposed and existing utilities, easements and right-of-ways;
f)
if landscaping is being proposed within a utility right-of-way, the plan must be endorsed
by all utility companies that have access to the right-of-way indicating their approval of
the proposed landscaping within the right-of-way;
g)
Location and number of existing trees that are proposed to be removed, replaced or to
be retained; and shall be scaled to mature size;
h)
new plant materials shall be accurately scaled to mature size;
i)
location of planting beds and identification of bedding materials; with typical mature size;
j)
minimum site area required and proposed, measured in square metres, to be
landscaped pursuant to the requirements of the Landscaping Regulation;
k)
minimum required number and mix ratio of trees and shrubs in the coniferous/deciduous
ratio required;
l)
a list of proposed variances;
m)
all other physical site features, existing or proposed; including berms, walls, fences,
outdoor furniture, and decorative paving; and
n)
a location plan showing the proposed development and landscaping relative to the
landscaping and improvements on adjacent properties and all adjacent road allowances
and municipal reserves.
STANDARD LANDSCAPING REQUIREMENTS
54.3
This Section shall apply to all development permits requiring landscaping in addition to the
Landscaping Standards specified in Section 54.4 and 54.5:
a)
All sites abutting a residential district shall be buffered and screened to the satisfaction
of the Development Authority; and shall include a minimum of two rows of trees evenly
spaced at regular intervals. The two rows are to be offset to achieve a screening effect
year round. The first row shall be deciduous trees adjacent to the residential site. The
second row coniferous trees.
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b)
The use of landscaping is required adjacent to large exterior building walls that are
visible from adjacent public roads, other than lands in the Agricultural District, to
minimize the perceived mass of the building.
c)
Landscaping shall be clustered in planting beds to represent a natural arrangement on
the site. Each individual planting bed must contain an odd number of trees and shrubs
in mulch such as bark chips, rocks or similar materials.
d)
Landscaping shall include naturescaping design practices, for example hard landscaping
like rock, mulch or shale (but not as a substitute for plant materials except grass).
e)
Required by the Development Authority, any undeveloped portion of a site must be
graded, contoured and seeded to avoid negative visual impact and reduce weed growth.
f)
Tree mix ratio of 1:1 and shrubs mix ratio of 2:1 deciduous and coniferous shall be
provided. The shrub requirement may be exchanged for trees if deemed satisfactory by
the Development Authority.
h)
Where onsite surface parking for 25 or more vehicles is required, landscaping islands
may be required to provide a visual relief and to break up parking areas to the
satisfaction of the Development Authority
LANDSCAPING SPECIFICATIONS FOR INDUSTRIAL DISTRICTS
54.4
All Industrial Districts shall be subject to the following Landscaping Standards and shall be
applied in conjunction with the requirements of Section 54.3.
PARCEL SIZE
STANDARD
Minimum landscaping on
parcels smaller than
1.0 ha (2.5 ac)
5% of the parcel area shall be landscaped and shall be provided in the
front yard setback area and any side rear yard area if adjacent to a public
roadway.
Minimum landscaping on
parcels larger than 1.0 ha
(2.5 ac)
20% of the required front yard setback area of the parcel shall be
landscaped and shall be provided in the front yard setback area and any
side or rear yard area adjacent to a public roadway.
PLANTING REQUIREMENTS
Trees
A minimum of 1 tree for every 50 m² (540 ft²) of landscaped area;
4 trees at a ratio of 1:1 deciduous and coniferous.
Shrubs
A minimum of 1 shrub for every 60 m² (625 ft²) of landscaped area; 6
shrubs at a ratio of 2:1 deciduous and coniferous.
Deciduous Tree Calliper
Size
A minimum of 60 mm (2.35 in) measured 450 mm (17.68 in) from grade.
Coniferous Tree Height
A minimum of 1.82 m (6 ft) measured from grade.
Deciduous and Coniferous
Shrubs Height
A minimum height of 450 mm (17.68 in) measured from grade.
Deciduous and Coniferous
Shrubs Spread
A minimum spread of 450 mm (17.68 in) in spread.
Landscaping in Planting
Areas
Where onsite surface parking for 25 or more vehicles is required,
landscaping islands may be required to provide a visual relief and to break
up parking areas to the satisfaction of the Development Authority.
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LANDSCAPING SPECIFICATIONS FOR ALL OTHER DISTRICTS
54.5
All other Districts shall be subject to the following Landscaping Standards and shall be applied
in conjunction with the requirements of Section 54.3.
PARCEL SIZE
STANDARD
Minimum landscaping on
parcels smaller than 1.0
ha (2.5 ac)
10% of the parcel area shall be landscaped and shall be provided in the
front yard setback area and any side rear yard area if adjacent to a public
roadway.
Minimum landscaping on
parcels larger than 1.0 ha
(2.5 ac)
40% of the required front yard setback area of the parcel shall be
landscaped and shall be provided in the front yard setback area and any
side or rear yard area adjacent to a public roadway.
PLANTING REQUIREMENTS
Trees
A minimum of 1 tree for every 40 m² (430 ft²) of landscaped area;
4 trees at a ratio of 1:1 deciduous and coniferous.
Shrubs
A minimum of 1 shrub for every 60 m² (625 ft²) of landscaped area;
6 shrubs at a ratio of 2:1 deciduous and coniferous.
Deciduous Tree Calliper
Size
A minimum of 60 mm (2.35 in) measured from grade.
Coniferous Tree Height
A minimum of 1.82 m (6 ft) measured from grade.
Deciduous and Coniferous
Shrubs Height
A minimum height of 450 mm (17.68 in) measured from grade.
Deciduous and Coniferous
Shrubs Spread
A minimum spread of 450 mm (17.68 in) in spread.
Landscaping in Planting
Areas
Where onsite surface parking for 25 or more vehicles is required,
landscaping islands may be required to provide a visual relief and to break
up parking areas to the satisfaction of the Development Authority.
LETTER OF CREDIT REQUIREMENTS
54.6
The Applicant shall provide an estimate of the cost of landscaping, including all site work
necessary to complete the approved landscape plan or as approved by the Development
Authority, prior to the issuance of a development permit.
a)
An irrevocable letter of credit shall be provided equal to 100% of the value of the
estimated cost of the proposed landscaping to ensure landscaping is carried out with
reasonable diligence.
b)
If the landscaping is not provided in accordance with this Section, then the amount
specified in the irrevocable letter of credit shall be paid to the County on demand for its
use absolutely to complete the approved landscaping requirement.
c)
The Development Authority may release 85% of the total value indicated in the
irrevocable letter of credit once the landscaping as approved has been completed.
d)
The irrevocable letter of credit shall be released when the landscaping and other
improvements as approved have been completed to the satisfaction of the Development
Authority and the two-year full growing season (after completion) has expired.
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SECTION 55 LIGHTING
55.1
Lighting standards and fixtures shall be of consistent design and complement the architectural
theme of the buildings located on the site.
55.2
Outdoor lighting shall be located so that rays of light:
a)
are not directed at an adjacent site or skyward;
b)
do not adversely affect an adjacent site; and,
c)
do not adversely affect traffic safety.
SECTION 56 LOT GRADING & DRAINAGE
56.1
The Development Authority may require, as a condition of a development permit, that a
developer submit a lot grading and drainage plan to the County for approval.
56.2
Grading of a lot associated with an approved development shall conform to the lot grading plan
approved by the County.
56.3
If a person alters the approved lot drainage on a site so water drains onto adjacent parcels, that
person shall be responsible for corrective drainage structures, including retaining walls, to divert
water from neighbouring properties.
56.4
Any retaining wall over 1.0 m (3.0 ft.) in height must be designed and inspected after
construction by a professional engineer. The landowner shall provide to the municipality the
design and inspection report, both bearing the seal and signature of a professional engineer.
SECTION 56A CANNABIS PRODUCTION FACILITY
56A.1
A Cannabis Production Facility may only be considered within the Business Service Industrial
District (Discretionary Use) or Medium Industrial District (Permitted Use).
56A.2
Cannabis is regulated by the Federal Government under the "Controlled Drugs and Substances
Act" for which an established framework has been implemented to access this product.
56A.3
The Applicant shall obtain, and comply with the required Federal License, and all applicable
federal and provincial legislation and regulations, and shall provide confirmation of said license
once approved.
56A.4
In making decisions relating to a Cannabis Production Facility, the applicant shall provide
confirmation all other conditions have been satisfied, prior to a development permit being
issued.
56A.5
A Cannabis Production Facility business shall comply with the following regulations (but not
limited to):
a)
All loading facilities shall be fully enclosed within the building;
b)
All garbage containers and waste material shall be fully enclosed within the building;
c)
The site shall be fully enclosed by a fence. Fencing on all street frontages shall be
contained within the property line so as not to obscure landscaping;
d)
An Engineered Drainage Plan is required;
e)
Confirmation that a license has been applied for from the Federal Government
7-20
SECTION 56B CANNABIS RETAIL SALES
56B.1
Cannabis is regulated by the Federal Government under the "Controlled Drugs and Substances
Act" for which an established framework has been implemented to access this product.
56B.2
In making decisions relating to a Cannabis Retail Store, the Applicant shall provide confirmation
from the Provincial Authority that a Cannabis Retail Store License has been applied for and all
Provincial requirements and conditions have been satisfied, prior to a development permit being
issued.
56B.3
A Cannabis Retail Store shall comply with the following regulations (but not limited to):
a)
All garbage containers and waste material shall be fully enclosed within the building;
b)
No person may consume cannabis on the Cannabis Retail Sales premises;
c)
No outdoor storage shall be allowed on the site;
d)
The Cannabis Retail Sales use shall not permit the consumption of products sold on site
and shall prevent patrons from producing nuisances including, but not limited to, odour,
noise and light, that may have a negative impact to adjacent sites or the surrounding
area;
e)
Products in the store must not be visible from outside the premises;
f)
Drive-through windows are prohibited;
g)
A Cannabis Retail Sales use must adhere to the prescribed security measures required
by the Provincial department having jurisdiction in accordance with their license;
h)
Cannabis Retail Sales hours of operation shall be limited between 10:00 a.m. and 10:00
p.m. only;
i)
Cannabis Retail Sales shall not be located within 100 m of a school as defined by The
School Act.
j)
Cannabis Retail Sales shall not be located within 100 m of a Public Health Care facility.
k)
A Development Permit application for Cannabis Retail Sales must include:
i)
A site plan illustrating the location and separation distances from the proposed
Cannabis Retail Sales use to a school and/or Public Health Care facility.
ii)
Written confirmation from the Alberta Gaming and Liquor Commission (AGLC)
that confirms the Applicant has satisfied AGLC eligibility requirements to sell
Cannabis in Alberta.
SECTION 57 MOVED-IN BUILDINGS
57.1
Except as otherwise provided for in this Bylaw, no person shall relocate a building or structure,
or portion thereof, onto a site without first obtaining a development permit for the moved-in
building or structure. The moved-in building or structure shall comply with the appropriate
district regulations.
57.2
To assist in the assessment of the compatibility of a moved-in building with surrounding
development, and in addition to the requirements of Section 20 of the Land Use Bylaw, a
development permit application for a relocated building shall include:
a)
recent colour photographs showing all sides of the building;
b)
a statement of the age, size and structural condition of the building; and
7-21
c)
a statement of any proposed improvements to the building, including a description of the
colour, texture and/or finish applied to exterior surfaces, and a description of proposed
landscaped areas.
57.3
Any renovations or improvements required to ensure the relocated building or structure
complies with this Bylaw shall be listed as conditions of the development permit, and such
conditions shall be met within one year of the relocation.
57.4
Where a development permit has been granted for a moved-in building, the Development
Authority may require the applicant to provide a letter of credit or some other form of security, of
such amount to ensure completion of any renovations or site improvements set out as a
condition of approval of a development permit.
57.5
Where a development permit has been issued pursuant to Section 57.1, the Development
Authority may as a condition of the development permit require the developer to provide a
security deposit for any maintenance, repairs or improvements associated with the building
relocation, or for repair of roads, sidewalks, boulevards that may be caused by the relocation.
SECTION 58 SECTION 58 NUMBER OF PRINCIPAL BUILDINGS ON A PARCEL
58.1
Not more than one principal building shall be erected on a fee-simple or condominium parcel
unless an overall site plan provides for one or more groups of buildings, addresses stormwater
management, pedestrian and vehicle traffic movement, any other matters the Development
Authority deems necessary, and has been approved by the Development Authority.
SECTION 59 OBJECTS PROHIBITED OR RESTRICTED IN YARDS
59.1
No person shall keep or permit in any yard in any district any object or chattel which, in the
opinion of the Development Authority, is unsafe, unsightly, or adversely affects the district's
amenities. This includes dismantled or wrecked motor vehicles, any excavation, stockpiling or
storage of materials, explosives, flammable liquids, toxic chemicals, diesel fuel and gasoline
products..
59.2
The outdoor storage of materials, products, equipment or machinery shall not be permitted in
the required front yard of commercial districts unless required as part of the sale, promotion or
display of merchandise in the sole discretion of the Development Authority, in which case such
outdoor storage shall not impede pedestrian or vehicular traffic. In the side and rear yard of
commercial districts and in any yard of all other districts, the outdoor storage of vehicles,
equipment or products shall be screened from public view to the satisfaction of the Development
Authority.
59.3
With the exception of the Agricultural District, a recreational vehicle or utility trailer may be kept
in a side or rear yard provided it meets the setback requirements for accessory buildings in that
district, unless the recreational vehicle or utility trailer is less than 2.0 m (6 ft.) in height, then the
required setback is 0.0 m (zero m).
59.4
No occupant of a principal dwelling in a residential district shall permit a recreational vehicle to
be used for living or sleeping accommodation for longer than a 14-day period.
59.5
Notwithstanding 59.4, one recreation vehicle may be parked on a lot or a condominium unit in
the Resort Residential District (R6) and the Condominium Resort Residential District (R7).
59.6
A motor vehicle shall not be parked in front yard except on a driveway.
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59.7
Within the Agricultural District no windbreak or solid fence shall be located within 25 m
(82 ft) from the centre line of any public road other than a lane, or as otherwise approved by the
Development Authority.
59.8
Within the Agricultural District, no dugout shall be located within 30 m (100 ft) of any public road
other than a lane, or as otherwise approved by the Development Authority.
SECTION 60 PERMITTED ENCROACHMENTS
60.1
The following encroachments into required front, side and rear yard setbacks in land use
districts may be permitted for canopies, balconies, eaves, box-outs, chimneys, gutters, sills,
steps/stairs, and in addition, cantilevers may be permitted to encroach into the front and rear
yards only:
a)
Front yard:
i)
2.0 m (6 ft) for balconies; and
ii)
1.0 m (3 ft) for cantilevers, eaves, gutters, landings, and window sills.
b)
Rear yards:
i)
2.0 m (6 ft) for balconies; and
ii)
1.0 m (3 ft) for box-outs, cantilevers, eaves, gutters, landings, and window sills.
c)
Side yard (interior):
i)
0.6 m (2 ft) for box-outs, eaves, gutters, landings and window sills.
d)
Side yard (exterior - i.e., corner lot flanking a street):
i)
1 m (3 ft) for balconies; and
ii)
0.6 m (2 ft) for box-outs, cantilevers, eaves, gutters, landings, and window sills.
60.2
For multi-attached dwellings, balconies and decks may be extended to the side lot line or
common wall.
60.3
No encroachment will be permitted if, in the opinion of the Development Authority, it may
interfere with a loading space, parking area, driveway, or other vehicle or pedestrian circulation
or access.
60.4
No encroachments will be permitted into the 2.7 m (9 ft) side yard required for vehicular access
to the rear yard, unless a minimum vertical height of 3 m (10 ft) from finished grade to the lowest
point of the projection encroachment is maintained.
60.5
The encroachment length limitations are as follows:
a)
The individual encroachment maximum length shall not exceed 3.0 m (10 ft).
b)
The sum of all encroachments maximum length shall not exceed one-third (1/3) of the
length of the building wall (not including the garage walls). This does not apply to front
or rear yards.
7-23
Figure 60-1
Permitted Encroachments - Front and Interior Side Yard Setbacks
Figure 60-2
Permitted Encroachments - Rear and Exterior Side Yard Setbacks
7-24
SECTION 61 RECREATIONAL VEHICLE PARK / CAMPGROUND
61.1
A comprehensive site plan shall be provided to the satisfaction of the Development Authority
that shows the location, design standards and site requirements of any common accessory uses
and services such as washrooms, Laundromat, recreational building, retail store, food
concession, fire pits, fire wood storage, lighting, water supply, sewage disposal facilities, solid
waste collection facilities and any other similar uses or services that may be associated with or
required within a recreational vehicle park / campground.
61.2
The following regulations apply to all Campground Minor and Major developments and
Recreational Vehicle Parks unless noted otherwise:
a)
Trees and natural vegetative cover shall not be removed without an approved
development permit, master plan or conceptual plan.
b)
The internal road network shall be properly signed for users and for emergency
response vehicles and shall be sensitive to the topography and environmental
characteristics of the site.
c)
A suitable ingress and egress shall be provided so that every campground may be
readily serviced in emergency situations; 24-hour emergency communication services
(e.g., telephones) shall be provided.
d)
Fire extinguishers capable of dealing with electrical and wood fires shall be kept in all
service buildings.
e)
Visitor parking shall be provided in a common area to the satisfaction of the
Development Authority.
f)
Fires will be permitted only in designated fire pits or other such facilities.
g)
Where utility services are provided, all utility wires and conduits shall be installed to the
satisfaction of the Development Authority and the franchise utility companies.
h)
When reviewing an application for a campground/recreational vehicle park, the
Development Authority shall have consideration for the impacts on existing land uses,
such as multi-lot residential and confined feeding operations and may require buffering
in the form of setbacks, berming or year-round vegetation to mitigate the various impacts
on surrounding land uses.
i)
Any campground boundary that adjoins a residential area(s) shall be screened by a solid
fence or year-round vegetation with a minimum height of 2 m, to the satisfaction of the
Development Officer.
j)
Fences may be allowed within the Campground (Major, Minor) / Recreational Vehicle
Park provided they are erected and maintained by the park operator to a uniform
standard throughout the park.
k)
All stall boundaries shall be clearly defined on the ground by permanent flush stakes, or
markers, with a stall number or other identification system.
l)
The minimum recreational vehicle/camping stall size shall be:
i)
6.0 m (20 ft.) in width,
ii)
18.0 m (60 ft.) in depth,
iii)
108 m² (1,200 ft²) in area.
m)
The minimum distance separation between any Campsite, shall be 3.0 m (10 ft.).
7-25
n)
The minimum recreational vehicle park/campground front, side and rear yard setbacks
shall be 3.0 m (10 ft.) from all site boundaries; no additional stall(s) or other
developments are permitted within any yard.
o)
One (1) parking stall shall be provided per Campsite.
p)
Potable water shall be provided as follows;
i)
A potable water supply system shall be provided for each campsite designed to
accommodate the campground user occupying a self-contained recreational
vehicle or a cabin and shall be connected to a community water supply system.
The water system for a campground shall be constructed to the satisfaction of
the Development Officer in accordance with all applicable Provincial and County
regulations.
ii)
Alternatively, a campground may provide one or more easily accessible water
supply outlets for filling potable water storage tanks. The water supply outlets
shall be located within 100 m of the campsites. The water supply outlets shall be
constructed to the satisfaction of the County Engineer and the Development
Officer in accordance with all applicable Provincial and County regulations.
q)
The storage, collection and disposal of solid waste in a Campground/Recreational
Vehicle Park shall be conducted as to not create health hazards, rodent harbourage,
insect breeding areas, and/or accident or fire hazards. Individual or grouped refuse
containers must be screened to the satisfaction of a Development Officer.
r)
One year-round Security/Operator Residential Unit may be permitted on site.
61.3
In addition to Section 61.2 the following regulations apply to all Campground Minor
developments:
a)
The minimum parcel size for a Campground Minor shall be an unsubdivided quarter
section.
b)
A Campground Minor shall be considered a temporary use and will have a fixed expiry
date, not exceeding a maximum of five years, which is specified in the development
permit.
c)
A Campground Minor in the Agricultural District is considered a secondary use to the
principal dwelling and as such can only occur on parcels that include an existing single
detached dwelling.
d)
The minimum setback distance from all property boundaries of the subject parcel shall
be 46 m (150 ft)
e)
Roads shall be developed to a standard and to the satisfaction of the Development
Authority for the purposes of accommodating emergency, fire and maintenance vehicles.
f)
Although not required, sewage disposal/sanitary dumping stations may be provided and
if so must be developed to the satisfaction of the Development Officer and are subject to
Provincial approval.
61.4
In addition to Section 61.2 the following regulations apply to all Campground Major
developments:
a)
A minimum of 10% of the total site shall be set aside in a location suitable to the
Development Authority as a common open space recreation area. No portion of any
other use and/or facility shall be included in this area.
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b)
Walkways shall be provided from all stalls to all service buildings and facilities, refuse
areas and recreation areas.
c)
Walkways shall be provided and surfaced to the satisfaction of the Development
Authority.
d)
Roads shall be built to the satisfaction of the Development Authority for the purposes of
accommodating emergencies, fires and maintenance vehicles.
e)
Onsite sewage disposal/sanitary dumping stations shall be provided subject to the
following:
i)
An adequate and safe sewage disposal system shall be provided in a
Campground Major for each campsite designed to accommodate the
campground user occupying a self-contained vehicle and shall be connected to a
community sewage system and/or sanitary dumping station, to the satisfaction of
the Development Officer. The sewage disposal system in a campground shall be
constructed to the satisfaction of the Development Officer and shall comply with
all applicable Provincial and County regulations and shall be maintained to the
standards of the regulatory approvals.
ii)
A Campground Major shall be provided with sanitary dumping stations in the ratio
of one for every one hundred (100) recreational vehicle spaces or fractional part
thereof. The sanitary dumping stations shall be designed and maintained in
accordance with Provincial regulations and standards to the satisfaction of the
County Engineer and the Development Officer. Each station shall provide a
water outlet, with the necessary appurtenances connected to the water supply
system to permit periodic wash down of the immediate adjacent areas. A sign
shall be posted near the water outlet indicating that this water is for flushing and
cleaning purposes only. Sanitary stations shall be separated from any campsite
by a distance of not less than 20 m.
SECTION 61B WAREHOUSING AND STORAGE - RECREATIONAL VEHICLES
61B.1
Recreational Vehicle Storage Minor
PARCEL SIZE (HA)
MAXIMUM NUMBER OF RVS
8.1- 15.8 ha. (20-39 ac.)
20
16.2-23.9 ha. (40-59 ac.)
30
24.3-31.9 ha. (60-79 ac.)
40
32.4-64.7 ha. (80-160 ac.)
50
a)
The parcel shall include an occupied dwelling.
b)
Storage area must be located beside or to the rear of the dwelling.
c)
The lot must be equal to or greater than 8.1 ha (20 ac).
d)
The Development Permit application must include a site plan, screening plan and
landscaping plan in accordance with Section 54 of the Land Use Bylaw.
e)
The Recreational Vehicle Storage Minor will be considered as a temporary use with a
fixed expiry date.
f)
Where there is a residence(s) located on the roads accessing the site, dust control must
be provided by the applicant in front of those residences on an annual basis.
g)
There shall be no pumping or washing on site.
h)
Recreational vehicle storage shall not be within 152 m (500 ft) of a multi-lot subdivision.
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i)
The Development Permit shall indicate the maximum number of recreational vehicles to
be stored on the property.
61B.2
Recreational Vehicle Storage Major (Discretionary Use in Agricultural District)
a)
Recreational vehicle storage will only be considered on a lot equal to or greater than
8.1 ha (20 ac).
b)
A Development Permit application must include a site plan, screening plan and
professional landscaping plan, in accordance with Section 54 of the Land Use Bylaw. A
drainage plan is to be provided by a professional engineer or professional engineering
technologist.
c)
The site shall be bermed, with a screened fence on top of the berm, unless it can be
shown that the development would be visually screened year-round, from any road,
and/or by existing natural vegetation (i.e., trees and/or bush). The existing natural
vegetation must exceed 2.5 m in height.
d)
The site shall be graded with the topsoil being removed and stored on site.
e)
A four (4) inch minimum gravel base shall be provided for the area to be used for
storage.
f)
Each stall or campsite shall be accessible by means of an internal road that is at least
3.0 m in width where the access is for one-way traffic, or at least 6.0 m in width where
the access is for two-way traffic.
g)
The Recreational Vehicle Storage Major will be considered as a temporary use with a
fixed expiry date.
h)
Where there is a residence(s) located on the roads accessing the site, dust control must
be provided by the applicant in front of those residences on an annual basis.
i)
Except for emergency situations, all vehicle trips to the recreational vehicle storage site
shall be restricted to:
-
Monday to Saturday between the hours of 7:00 a.m. and 10:00 p.m.,
-
Sunday and Statutory Holidays between the hours of 10:00 a.m. and 6:00 p.m.
j)
The subject parcel shall include an occupied dwelling.
k)
There shall be no pumping or washing on site.
l)
Recreational vehicle storage shall not be within 152 m (500 ft) of a multi-lot subdivision.
m)
Reclamation of the site must be executed once the recreational vehicle storage facility is
discontinued.
n)
The Development Permit shall indicate the maximum number of recreational vehicles to
be stored on the property.
o)
One non-illuminated sign with a total copy area not exceeding 3.3 m² (36ft²) for each
Recreational Vehicle Storage Major within the Agricultural District.
SECTION 62 SATELLITE DISH AND AMATEUR RADIO ANTENNAS
62.1
All satellite and amateur radio antennas shall be located on the same site as the intended signal
user.
62.2
Pursuant to Section 17.1(n), satellite dishes that conform to all other provisions of the Land Use
Bylaw do not required a development permit.
62.3
No satellite dish antenna which is accessory to the principal use of a site shall be located in, or
encroach onto, a front or side yard in any residential district.
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62.4
A satellite dish antenna larger than 1.0 m (3 ft) in diameter shall not be located on a roof top
except for apartment buildings or greater in height and buildings in non-residential districts.
62.5
Where any portion of a satellite dish antenna is more than 3.0 m (10 ft) above grade, it shall be
screened and located to the satisfaction of the Development Authority.
62.6
Location restrictions for satellite dish antennas may be waived where the applicant can
demonstrate, to the satisfaction of the Development Authority that compliance would interfere
with signal reception.
62.7
Except in the Agricultural District, an applicant for a development permit for an amateur radio
antenna shall notify and provide comments of all landowners located within 75 m (250 ft) from
the boundary of the property.
62.8
An amateur radio antenna shall conform to the site regulations respecting communication
towers as per Section 42 of this Bylaw.
62.9
The maximum height of an amateur radio antenna in residential districts other than R1 and R2
shall be 19 m (62 ft).
62.10
Antennas shall not be illuminated unless required by Transport Canada regulations, and except
for a manufacturer's logo, shall not exhibit or display any advertising.
SECTION 63 SECONDARY SUITES
63.1
A secondary suite shall be restricted to a site occupied by a single detached dwelling or a duplex.
63.2
One secondary suite may be allowed in a principal building.
63.3
A secondary suite shall comply with the Safety Codes Act.
63.4
A secondary suite shall not exceed 40% of the total floor area of the principal building, including
upper floors and basement combined, or 90 m² (969 ft²), whichever is less, and shall not be
smaller than 38.0 m² (409 ft²).
63.5
A separate entrance door to a secondary suite shall not be located on any front building elevation.
Notwithstanding this, a single entry door providing access to an enclosed, shared landing area
from which both the main dwelling unit and the secondary suite take access, may be located on
any front building elevation.
63.6
At least one on-site parking space shall be provided for a secondary suite in addition to the parking
requirements for the principal dwelling pursuant to Part 8 of this Bylaw.
63.7
A principal building containing a secondary suite may not be converted into condominiums;
ownership of a property containing a secondary suite must be an undivided fee simple.
SECTION 63A GARDEN SUITES
63A.1
A garden suite shall be restricted to a site with an existing single detached dwelling or a duplex
and is contained within an accessory building.
63A.2
A garden suite shall comply with the Alberta Safety Code Act.
63A.3
A garden suite shall be smaller in gross floor area than the principal dwelling unit and is not a
secondary suite nor is it a second dwelling.
63A.4
The entrance to the garden suite shall be separate from the vehicle entrance to an accessory
building. The entrance to the garden suite could either be from a common indoor landing or
directly from the exterior of the structure.
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63A.5
At least one on-site parking space shall be provided for a garden suite in addition to the parking
requirements for the principal dwelling pursuant to Part 8 of this Bylaw.
63A.6
Only one Garden Suite or Secondary Suite is permitted on a parcel.
63A.7
Only one Garden Suite or Second Dwelling is permitted on a parcel within the Agricultural District
as a permitted use. Any additional dwelling units shall be considered a discretionary use.
SECTION 64 SECURITY/OPERATOR RESIDENTIAL UNIT
64.1
Security/operator residential units are a Permitted Use in the R6, R7, MI, HI and BSA Districts
and a Discretionary Use in the BSI District.
64.2
Only one (1) security/operator residential unit shall be permitted on site.
64.3
The maximum floor area of a security/operator residential unit shall not exceed 70 m² (750 ft²).
64.4
In addition to the number of parking stalls required for the principal use under Part 8 of this
Bylaw, one additional parking stall shall be provided for the security/operator residential unit.
64.5
A minimum of 6.0 m² (65 ft²) of private amenity space shall be provided for the security/operator
residential unit.
64.6
A security/operator residential unit in any industrial district may be a dwelling unit included within
the principal building.
64.7
A security/operator residential unit may be a manufactured or modular home but shall not be a
recreational vehicle.
SECTION 65 SITE DESIGN
65.1
Vehicular entrances and exits, as well as on site and off site traffic and pedestrian routes shall
be located and designed in a manner that provides a clearly defined, efficient and convenient on
site and off site vehicular traffic and pedestrian circulation pattern.
65.2
Loading bays shall be located in such a manner as not to impede the efficient flow of
on-site traffic and pedestrian movement and to minimize impacts on adjacent land uses.
65.3
Development on adjoining lots shall be integrated by direct on site access connections to
provide for convenient and free flowing traffic movements between lots where such integration
is advantageous and feasible, in the opinion of the Development Authority.
65.4
Notwithstanding any other provision of this Bylaw, individual businesses identification signs
located on the facades of buildings upon lands situated in the Major Entry Areas shall be similar
as to proportion, construction materials and placement.
65.5
The design and placement and scale of the sign shall be to the satisfaction of the Development
Authority to ensure that the signage does not detract from the overall appearance of the
development and the Major Entry Area.
SECTION 66 WORK CAMPS
66.1
Federal, Provincial or municipal work camps do not require a development permit.
66.2
A development permit for a temporary work camp may be issued for up to one (1) year, at which
time an application may be made for a continuance of the use for one (1) additional year, after
which a new development permit approval is required.
66.3
An application for a development permit for a work camp must provide the following information:
a)
The location, type and purpose of the camp.
7-30
b)
Adjacent land uses.
c)
The method of supplying water, and sewage and waste disposal to the camp. The
proposed method of sewage disposal must comply with the Alberta Private Sewage
Treatment and Disposal Regulation and be to the satisfaction of the Regional Health
Authority.
d)
The number of persons proposed to live in the camp.
e)
The MLL (miscellaneous lease) number issued by Alberta Environmental Protection.
f)
The start date for development, date of occupancy by residents and removal date for the
camp.
g)
Reclamation measures once the camp is no longer needed.
SECTION 66A WIND ENERGY CONVERSION SYSTEM (WECS)
66A.1
A development permit application for a Category 1 and 2 WECS shall include the following:
a)
The manufacturer's information on power generation and the tower.
b)
A letter of approval from Transport Canada and NAV Canada for Category 2 WECS.
c)
Shadow and flicker, and noise data which shall be considered for approval in
accordance with the Red Deer County noise bylaw.
d)
An analysis for noise to any property line.
e)
Scaled drawings of the foundation and tower showing compliance with appropriate
agency standards.
f)
An accurate site plan showing and labelling the information including the exact location
of the turbine (tower and rotor arc) including setbacks and building locations (note: a
WECS shall not be mounted on a roof top).
g)
Any other information that may be required by the Development Authority.
66A.2
The tower base of a Category 1 and 2 WECS shall be located no less than two times the total
height of the WECS from any property line or in accordance with the setbacks of the district
whichever is more stringent.
66A.3
No WECS shall be placed in any front yard of any property.
66A.4
The exterior finish on any WECS shall be non-reflective matte and in a colour which minimizes
the obtrusive impact of a WECS to the satisfaction of the Development Authority.
66A.5
There shall be no advertising on the tower or blades of any WECS. On other parts of the
WECS, the only lettering will be the manufacturer's and/or owner's identification.
66A.6
A development application for Category 3 WECS shall include the following:
a)
An accurate site plan showing and labelling the information including the exact location
of each existing and proposed wind turbine (tower and rotor arc) including setbacks, all
associated substations, collection, and transmission system on or abutting the subject lot
or parcel and access roads for the complete wind farm.
b)
A visual representation including:
a)
Photographs and information of the proposed WECS showing total height, tower
height, rotor diameter, and colour.
c)
The turbine specifications indicating:
a)
safety features and sound characteristics;
7-31
b)
type of Tower(s); and
c)
dimensions of the tower(s) and the rotor(s).
d)
Information pertaining to:
a)
The potential for noise at the following:
i.
the site of the tower;
ii.
the boundary of the development; and
iii.
at any habitable or occupied residence within 2 km (1.2 miles) of any
turbine.
b)
The potential for shadow or flicker at the following:
i.
the boundary of the development; and
ii.
at any habitable or occupied residence within 2 km (1.2 miles) of any
turbine.
e)
A report regarding any public information meeting or other process conducted by the
developer.
f)
A decommissioning plan.
a)
As a condition of approval, Red Deer County may require a bond or irrevocable
letter of credit to ensure the reclamation/decommissioning plan is implemented.
66A.7
As part of any application for a Category 3 WECS, a referral letter shall be sent to all adjacent
landowners as well as the following agencies and departments for comments:
a)
Energy Resources Conservation Board (ERCB);
b)
Transport Canada;
c)
Navigation Canada;
d)
Alberta Community Development;
e)
Alberta Environment; and
f)
Adjacent municipalities where applicable.
66A.8
The minimum vertical blade clearance from grade shall be 7.5 m (24.6 ft) for a
Category 3 WECS employing a horizontal axis rotor unless otherwise required by the
Development Authority.
66A.9
To ensure public safety, the Development Authority shall require a Category 3 WECS to adhere
to the following:
a)
The installation of a security fence with a lockable gate surrounding each WECS tower
that is no less than 1.8 m (6 ft) in height.
b)
Ensure that no ladder or permanent tower device is located less than 3.7 m (12.1 ft) from
grade.
c)
Installation of a locking device on the tower to preclude access to the top of the tower.
Note: the use of tubular towers, with locked door access, will preclude requirements a) and c).
66A.10
All collector lines within the wind farm boundary will be underground except where the
Development Authority approves overhead installations.
66A.11
66a.11 A Category 3 WECS shall be finished in a non-reflective matte and in a colour which
minimizes the obtrusive impact of the WECS to the satisfaction of the Development Authority.
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66A.12
66a.12 Where more than one WECS is being proposed, the Development Authority shall assess
these applications having regard to:
a)
A density not exceeding one WECS per 4.0 ha (10 ac) of a titled area.
b)
Consideration of the cumulative effects of all WECS approved or proposed within 5 km
(3 miles) of the proposal.
c)
Setback distances between each WECS and any other land use in proximity of the
WECS. Setbacks may be increased from the minimum setback requirements in the
district depending upon the number of WECS in a group and the prominence of the
location.
SECTION 66B SOLAR ENERGY
66B.1
All Solar Energy Devices shall be attractive in appearance and shall comply with the Alberta
Safety Codes Act.
66B.2
Development permits are not required for a residential Solar Energy Device in Red Deer County
provided that the proposed development complies with all applicable regulations of this Bylaw.
66B.3
Solar energy devices attached to a building shall:
a)
Be integrated with the roof or wall structure. The mounted panels shall project no more
than 0.46 m (1.5 ft) from the surface of the building;
b)
Where located on buildings with a flat roof, no panel shall project vertically more than
1.0 meter (3.28 ft) above the roof line in residential districts and not more than
1.8 m (6 ft) above the roof line in all other districts;
c)
The panels shall not project or exceed the maximum height of the district; and
d)
The solar energy device shall not extend beyond the outermost edge of the roof or wall
to which it is mounted.
66B.4
Solar energy devices not attached to buildings shall:
a)
Be located within a side or rear yard only;
b)
Notwithstanding section 66b.4(a), within the Agricultural District a solar energy device
may be considered within the front yard as a Discretionary Use;
c)
With the exception of the Agricultural District, a detached solar energy device shall not
exceed 4.5 m (15 ft) in height above grade;
d)
The device shall be screened from adjacent properties with a fence or landscaping, to
the satisfaction of the Development Authority;
e)
In all districts, all structures are subject to the setback regulations of that district; and,
f)
No structure shall be located on an easement or utility right-of-way.
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66C.1
In addition to the requirements of Section 66b Solar Energy, the following regulations apply for
Solar Energy Farms:
a)
The Applicant shall provide proof of insurance.
b)
The Applicant shall provide a Conservation and Reclamation Plan to the satisfaction of
Red Deer County and the Provincial Government.
c)
The Applicant shall provide security in a form satisfactory to the Development Authority
to ensure the Reclamation/Decommissioning Plan is implemented and to cover
assignment and bankruptcy. This may include a periodic review of the security to ensure
the amount is sufficient to implement the Reclamation/Decommissioning Plan.
d)
The Applicant shall provide an Operating Plan demonstrating an agricultural component.
e)
The Applicant shall provide a detailed decommissioning plan to the satisfaction of Red
Deer County and the subject parcel shall be returned to the same land capability and
quality as it was prior to the installation of the solar energy equipment.
f)
Upon decommissioning of the project, a copy of the Reclamation Certificate Application
is to be submitted to Red Deer County.
g)
The Applicant shall prepare and comply with an Emergency Action Plan for both pre and
post construction acceptable to the County.
h)
A copy of the final AUC approval shall be submitted to the County prior to construction.
i)
The Applicant shall prepare and comply with a re-vegetation and weed management
plan in accordance with the Alberta Weed Control Act. A copy of the plan shall be
submitted to the County prior to construction,
66C.2
In addition to the setback regulations for the Agricultural District, the following setback
regulations shall apply to all Solar Energy Farms:
a)
Front Yard, Rear Yard and Side Yard - shall meet the Agricultural District and Provincial
Regulations.
b)
Watercourse, Waterbody, Seasonal Creeks - a minimum 30-meter undisturbed buffer be
maintained between the Solar Energy Farm and any watercourse or waterbody including
seasonal creeks and runoff as determined by the Province.
c)
Setback from Existing Adjacent Dwellings - a minimum of 165.0 m (541.3 ft) distance
from the foundation of an adjacent dwelling to the closest point of the Solar Energy
Farm. A shorter setback may be considered if both parties agree to a lesser setback
from the Solar Energy Farm.
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8-1
PART 8
PARKING AND LOADING FACILITIES
SECTION 67 GENERAL REGULATIONS
67.1
The following requirements shall apply to all parking and loading facilities required by this
Bylaw. Notwithstanding the requirements of this Part, specific rules contained in any land use
district shall govern the parking and loading requirements for that district.
67.2
On-street parking or loading is not allowed on provincial or municipal roads with a rural cross
section (ditches).
67.3
If vehicles entering onto public roadways may exceed 9.1 m (30 ft) in length the applicant may
be required to provide evidence, in the form of diagrams, to determine appropriate entrance
geometrics.
67.4
If a building which requires parking or loading spaces is to be erected, the owner of the building
shall provide the required parking or loading spaces in a finished condition as required in this
Bylaw, at or before the time of occupancy of the building.
67.5
In the event seasonal conditions prohibit the completion of lot surfacing, the lot shall be
compacted and maintained in a manner to allow access by emergency vehicles, and all hard
surfacing shall be completed prior to July 1 of the following year.
67.6
The applicant may be required to provide an irrevocable Letter of Credit or other form of security
acceptable to the Development Authority to guarantee completion of the lot surfacing.
67.7
To ensure compliance, and if the Development Authority deems it appropriate, the County may
register a caveat under the Land Titles Act against the property being developed. This caveat
shall be discharged when the Development Authority accepts the paving as complete.
67.8
Parking areas which are intended for public use shall only be used for the temporary parking of
motor vehicles and shall not be used for extended storage of motor vehicles, and without
restricting the generality of the foregoing, no person shall permit a motor vehicle to be parked in
a public parking area for a period in excess of 72 hours.
67.9
Parking areas and loading spaces shall be designed and located so as to minimize any
disruption to the continuity of the pedestrian system and adjacent public roadways.
67.10
To facilitate the determination of parking and loading requirement, a parking and loading
assessment prepared to a professional standard acceptable to the Development Officer, may be
required to document the parking and loading demand and supply characteristics associated
with the proposed development. The County shall not be bound by any recommendation in
exercising discretion to allow a reduction of the minimum number of spaces specified in this
Bylaw.
67.11
The Development Authority may refuse to grant a development permit to an applicant not fully
complying with parking or loading requirements.
SECTION 68 RESIDENTIAL USES
68.1
All residential parking stalls and loading spaces required by this Bylaw shall be located on the
same site as the use requiring them, subject to setback and yard requirements.
68.2
The parking or loading stalls located within the front yard for all residential uses shall be hard
surfaced as defined in the bylaw, except residential uses in the Agricultural District and, R1, and
R2 Districts.
8-2
68.3
Parking or loading spaces for an apartment building shall not be located in the front yard of the
site or between the front of a building and the boundary of the street on which the building faces
unless otherwise approved by the Development Authority.
68.4
Parking areas required for multi-attached dwellings shall be paved or finished to a hard surfaced
standard satisfactory to the Development Authority.
68.5
With the exception of multi-attached dwellings, parking stalls located within the rear yard may be
a gravel surfaced standard satisfactory to the Development Authority.
SECTION 69 NON-RESIDENTIAL USES
69.1
The parking or loading stalls required for all non-residential uses shall be to the satisfaction of
the Development Authority.
69.2
Senior high schools, colleges, universities, commercial and trade schools, and other similar
institutions shall provide sufficient parking or loading spaces in respect of any gymnasium if it is
open to the public.
69.3
Non-residential parking or loading spaces shall not be located in the front yard of a site or in
between the front of a building and the boundary of the street on which the building faces unless
otherwise approved by the Development Authority.
69.4
If a non-residential parking or loading area is located on a site immediately adjacent to a
Residential District, the parking or loading lot shall be designed as required by Section 68.
69.5
Where on-site surface parking for 25 or more vehicles is required, landscaping islands may be
required to provide a visual relief and to break up parking areas to the satisfaction of the
Development Authority.
SECTION 70 PARKING REQUIREMENTS
70.1
This Section is subject to Section 67, Section 68 and Section 69.
70.2
All parking spaces, loading spaces, manoeuvring aisles and driveways shall be surfaced and
maintained to the satisfaction of the Development Authority.
70.3
All parking spaces, loading spaces, manoeuvring aisles and driveways shall be demarcated to
the satisfaction of the Development Authority.
70.4
The parking or loading layout of all developments shall be designed, located and constructed to
meet the following standards to the satisfaction of the Development Authority:
a)
Each parking aisle shall have a curbed island at each end, measuring a minimum of
1.0 m (3.0 ft) in width;
b)
Any residential and commercial parking lot containing more than 100 parking spaces
and in which a parking space intended for resident, visitor or customer use is further
than 50 m (165 ft) from the entrance to any destination building on the site, shall provide
one or more pedestrian walkways of a minimum of 1.2 m (4.0 ft) in width, oriented to
ensure safe and efficient pedestrian traffic flow, and incorporated into any adjoining trail
system;
c)
Parking or loading lot design shall provide for adequate stacking and queuing lanes for
vehicles to ensure that traffic flow on-site and on public roads are not adversely affected
in any way.
d)
The parking or loading lot must be accessible to and appropriate for types of motor
vehicles using it and the frequency of use; and
8-3
e)
The parking or loading lot must be appropriately surfaced and drained as required by the
Development Authority.
70.5
Size of Parking Stalls and Drive Aisles
a)
Parking angles may have a value of 90 degrees or range from 90 degrees to 45
degrees;
b)
Unless otherwise allowed by the Development Authority, the minimum dimensions for
the design of parking facilities shall be as set out in Figure 70-1 and Table 70-1:
FIGURE 70-1
ILLUSTRATION OF PARKING STANDARD DIMENSIONS (RELATE TO HEADINGS IN TABLE 70-1)
TABLE 70-1
PARKING STALL DESIGN STANDARDS
STALL WIDTH
(A)
PARKING
ANGLE
(IN DEGREES)
(B)
AISLE WIDTH
STALL DEPTH
PERPENDICULAR
TO AISLE (D)
PARKING UNIT
DEPTH
(E)
7.0 m (23')
0
3.4 m (11' 2")
3.0 m (9' 10")
12.4 m (40' 8")
3.0 m (9' 10")
45
3.7 m (12' 1")
6.0 m (19' 8")
15.7 m (51' 6")
3.0 m (9' 10")
60
5.2 m (17')
6.4 m (21')
18.0 m (59')
3.0 m (9' 10")
90
5.8 m (19')
5.8 m (19')
18.3 m (60')
a)
Parking dimensions for parking angles between 90 degrees and 45 degrees shall be
calculated using a straight-line interpolation between dimensions;
b)
For parallel parking, the length of the parking spaces shall be 7 m (23 ft), except that an
end space with an open end shall be a minimum of 5.5 m (18 ft);
c)
Manoeuvring aisles and driveways serving as fire lanes shall be at least 6.1 m (20 ft)
wide;
d)
Parking stalls shall be clear of all obstructions, other than wheel stops; and,
e)
The maximum grade of a parking stall shall not exceed 4% in any direction.
70.6
The portion or portions of a parking lot used for parking must:
a)
Be marked off or physically divided to delineate clearly each parking stall, loading space
or drive aisle; and,
b)
Have suitable barriers to prevent motor vehicles from encroaching onto landscaped
areas and to protect fences, walls or buildings.
70.7
Wheel stops shall not exceed 100 mm (4.0 in) in height above the parking stall surface and shall
be placed perpendicular to the parking stall depth, 0.6 m (2 ft) from the front of the parking stall.
8-4
SECTION 71 NUMBER OF VEHICLE PARKING STALLS REQUIRED
71.1
Where the calculation of the required number of parking stalls or loading spaces results in a
fraction number of parking spaces, the next higher number shall be taken.
71.2
Where a development falls within two or more of the categories listed in this Section, it shall
comply with all parking regulations applicable to all the categories. The highest requirement
shall be used.
71.3
Parking stall requirements for uses other than those set out in this Section shall be determined
by the Development Authority, having regard to similar uses for which specific parking stall
requirements are set.
71.4
Unless otherwise allowed by the Development Authority, the required number of vehicle parking
stalls for any use shall be set forth in the following tables (where Gross Floor Area = GFA and
Dwelling Unit = du):
TABLE 71-1
PARKING REQUIREMENTS FOR ACCOMMODATION ESTABLISHMENTS, FOOD AND BEVERAGE
SERVICE FACILITIES
LAND USE
MINIMUM PARKING REQUIREMENT
Hotel / Motel
1 stall / room plus 3 staff
1.5 stalls / 2 bedroom
Food and Beverage Service
Facility
1 stall per 4 seats, with a minimum of 4 stalls
Plus a minimum of 3 staff parking stalls
TABLE 71-2
PARKING REQUIREMENTS FOR AGRICULTURAL USES
LAND USE
MINIMUM PARKING REQUIREMENT
Agricultural Supply Depot
1 stall / 100 m² plus a minimum of 3 staff stalls
Intensive Agricultural
Operations (greenhouses /
market gardens)
3 stalls / 100 m² (108 ft²) GFA plus a minimum of 2 staff parking stalls
Kennel
4 plus a minimum of 1 staff parking stall
8-5
TABLE 71-3
PARKING REQUIREMENTS FOR BUSINESS
LAND USE
MINIMUM PARKING REQUIREMENT
Automotive & Minor
Recreational Vehicle Sales &
Rental
2 stalls / 100 m² (1,080 ft²) GFA designated for customer parking plus
a minimum of 3 stalls for staff parking
Truck & Manufactured Home
Sales / Renal
2 stalls / 100 m² (1,080 ft²) GFA designated for customer parking plus
a minimum of 3 stalls for staff parking
Financial Institution
2 stalls / 100 m² (1,080 ft²) GFA and a minimum of
5 stalls for staff parking
Automotive Repair - Minor
2 stalls / 100 m² (1,080 ft²) GFA
Industrial & Manufacturing
Plants
0.5 stall / staff plus a minimum of 5 stalls for
visitor parking
Offices
2.8 stalls / 100 m² (1,080 ft²) GFA
Professional Services
2.2 stalls / 100 m² (1,080 ft²) GFA
Personal Service Facility
2.2 stalls / 100 m² (1,080 ft²) GFA; for stores on site
> 0.4 ha - use shopping centre requirements
Warehousing & Storage
(except self-storage)
1.1 stalls / 100 m² (1,080 ft²) GFA up to 2,000 m²
(21,500 ft²) GFA and
0.2 stalls / 100 m² (1,080 ft²) GFA thereafter
Self Storage
Minimum of 6 stalls for customers plus 2 staff stalls
TABLE 71-4
PARKING REQUIREMENTS FOR EDUCATION / GOVERNMENT / HEALTH SERVICES
LAND USE
MINIMUM PARKING REQUIREMENT
Education Services:
Elementary / Junior / High
Schools
The greater of 1.15 stalls / staff or 1.0 stall / 5.0 m² (54 ft²) of
gymnasium area
Senior High School
0.5 stalls / student (design capacity) and 1.0 stall / staff and
1.0 stall / 5.0 m² (54 ft²) of gymnasium area
College / University
0.4 stalls / student plus 1.0 stall / staff
Industrial / Commercial Training
Facility
0.7 stalls / student plus 1.0 stall / staff
Government Services:
Government Service
4.1 stalls / 100 m² (1,080 ft²) GFA
Library
2.2 stalls / 100 m² (1,080 ft²) GFA
Health Services:
Child Care Facility
1 stall / staff on duty with a minimum of 4 staff stalls plus
0.2 stall / child (design capacity)
Hospital
1 stall / bed
Medical or Veterinary Clinic
4 stalls / 100 m² (1,080 ft²) GFA
Nursing Homes
0.2 stalls / bed plus 0.8 stall / staff
8-6
TABLE 71-5
PARKING REQUIREMENTS FOR RESIDENTIAL DEVELOPMENTS
LAND USE
MINIMUM PARKING REQUIREMENT
Single Detached Dwelling /
Duplex
2 stalls / du
Multi-Attached
2 stalls / du
Apartment - Bachelor /
1 Bedroom
1 stall / du plus 0.15 stalls / du designated as visitor parking
Apartment - 2 Bedroom
1.5 stalls / du plus 0.15 stalls / du designated as visitor parking
Apartment - 3 Or More Bedroom 2 stalls / du plus 0.15 stalls / du designated as visitor parking
Secondary Suite
1 stall / suite
Residential Care Facility
(Unassisted Living)
0.2 stalls / du
Manufactured Home Subdivision
2 stalls / du
Manufactured Home Park
2 stalls / du plus 0.15 stalls / du designated as visitor parking
TABLE 71-6
PARKING REQUIREMENTS FOR SOCIAL / RECREATIONAL SERVICES
LAND USE
MINIMUM PARKING REQUIREMENT
Commercial Recreation Facility,
Indoor
8 stalls per 100 m² (1,080 ft²) GFA
Casino
30 stalls / 100 m² (1,076 ft²) GFA
Bowling Alley
5 stalls / alley plus 5 stalls for staff
Religious Assembly
5.0 stalls / 100 m² (1,076 ft²) of assembly area, which number may
include parking stalls which in the opinion of the Development Officer
are available, to the congregation, on neighbouring commercial or
industrial sites.
Curling Rink
8 stalls / sheet of ice plus 5 stalls for staff plus 1.0 stall / 3 m² of
spectator seating area.
Theatre & Cinema
5.3 stalls / 100 m² (1,076 ft²)
8-7
TABLE 71-7
PARKING REQUIREMENTS FOR RETAIL BUSINESS
LAND USE
MINIMUM PARKING REQUIREMENT
Retail Store - Minor Without
Gasoline Pumps
3.4 stalls / 100 m² (1,076 ft²) GFA plus 1.0 stall / staff with a minimum
of 2 staff stalls
Retail Store - Minor With Gas
Pumps
4.2 stalls / 100 m² (1,076 ft²) GFA plus 1.0 stall / staff with a minimum
of 2 staff stalls
Furniture / Carpet Store
1.4 stalls / 100 m² (1,076 ft²) GFA plus 1.0 stall / staff with a minimum
of 2 staff stalls
Hardware / Paint Store
3.9 stalls / 100 m² (1,076 ft²) GFA plus 1.0 stall / staff with a minimum
of 2 staff stalls
Liquor Store
4.6 stalls / 100 m² (1,076 ft²) GFA plus 1.0 stall / staff with a minimum
of 2 staff stalls
Retail Store, General
2.5 stalls / 100 m² (1,076 ft²) GFA, with a minimum of
2.0 stalls / store plus 1.0 stall/staff with a minimum of 2 staff stalls
Supermarket
4.1 stalls / 100 m² (1,076 ft²) plus 1.0 stall / staff with a minimum of 2
staff stalls
Video Rental Store
2.5 stalls / 100 m² (1,076 ft²) plus 1.0 stall / staff with a minimum of 2
staff stalls
Shopping Mall
(Less Than 55,000.00 m² GFA)
4.1 stalls / 100 m² (1,076 ft²) GFA
71.5
Where two adjacent developments can demonstrate to the satisfaction of the Development
Officer that opportunities to share parking facilities exist, the Development Officer may consider
an appropriate relaxation of the number of vehicle parking stalls subject to Section 74.
8-8
TABLE 71-8
PARKING REQUIREMENTS FOR COMMERCIAL CORE LAND USE MINIMUM
LAND USE
MINIMUM PARKING REQUIREMENT
Financial Institutions
2 stalls per 100 m² (1,080 ft²) GFA
Food and Beverage Service
Facility, for less than
100 occupants and 120 m² of
public space
1 stall per 4 seats plus 1 stall per staff
Food and Beverage Service
Facility, for greater than
100 occupants and 120 m² of
public space
1 stall per 4 seats plus 1 stall per staff
Government Service
2 stalls per 100 m² (1,080 ft²) GFA
Personal Service Facility
2 stalls per 100 m² (1,080 ft²) GFA
Multi-attached dwelling, second
story and above
See table 71-5
Office
2 stalls per 100 m² (1,080 ft²) GFA
Retail Store - Minor
2 stalls per 100 m² (1,080 ft²) GFA plus 1 stall per staff
Social Care Facility
0.4 stalls per unit to provide for residents, visitors and day duty staff,
with a minimum of three stalls
Apartment, second story and
above
See table 71-5
Community Facility
4 stalls per 100 m² (1,080 ft²) GFA
Commercial Recreation Facility
- Indoor
8 stalls per 100 m² (1,080 ft²) GFA
Hotel, for less than
30 rooms
1 stall per room plus 3 stalls for staff
Live/ Work Units, second story
and above
1 additional parking space per unit
Private Club
4 stalls per 100 m² (1,080 ft²) GFA
Day Care Facility
0.2 stalls per child plus 1 stall per staff
SECTION 72 ON-SITE LOADING REQUIREMENTS
72.1
This Section is subject to Section 67, Section 68 and Section 69.
72.2
A loading space shall be designed and located so that all vehicles using that space can be
parked and manoeuvred entirely within the bounds of the site without backing to or from
adjacent streets.
72.3
A loading space situated within a setback distance from a street or land shall not be counted for
the purposes of this Section.
72.4
A loading space shall be a minimum width of 3.0 m (10 ft) and a minimum depth of 9.1 m (30 ft)
and maintain an minimum overhead clearance of 4.3 m (14 ft).
72.5
The Development Authority, having regard to the types of vehicles that are likely to use the
loading space, may change minimum loading space dimensions.
72.6
For apartment buildings or multi-attached dwellings with more than twenty (20) units, adequate
loading space shall be provided to the satisfaction of the Development Authority.
8-9
72.7
Loading space requirements for uses other than those set out in this Section shall be
determined by the Development Authority, having regard to similar uses for which specific
loading requirements are set.
72.8
Unless otherwise allowed by the Development Authority, the required on-site loading space for
any use shall be as follows:
TABLE 72-1
REQUIRED NUMBER OF LOADING SPACES:
USE OF BUILDING OR SITE
NUMBER OF LOADING SPACES
Food & Beverage Service Facilities
1 space per 9,000 m² (96,875 ft²) of GFA
Funeral Homes
1 space per 9,000 m² (96,875 ft²) of GFA
Health Service Facilities
1 space per 9,000 m² (96,875 ft²) of GFA
Hotels
1 space per 9,000 m² (96,875 ft²) of GFA
Industrial & Manufacturing Plants
1 space per 2,000 m² (21,528 ft²) of GFA
Office Buildings
1 space per 9,000 m² (96,875 ft²) of GFA
Public or Quasi-Public Buildings
1 space per 9,000 m² (96,875 ft²) of GFA
Retail & Wholesale Establishments
1 space per 9,000 m² (96,875 ft²) of GFA
Sport Arenas & Community Halls
1 space per 9,000 m² (96,875 ft²) of GFA
Warehouses
1 space per 2,000 m² (21,528 ft²) of GFA
SECTION 73 MULTI-USE OR MIXED USE DEVELOPMENTS
73.1
Developments containing or providing for more than one use shall provide parking stalls and
loading spaces equal to the sum of the requirements of individual uses, unless the applicant can
otherwise demonstrate to the Development Authority through the use of a qualified
Transportation Engineer that there is a complementary or overlapping use of the parking
facilities which would warrant a reduction in the parking requirements.
73.2
Notwithstanding Section 73.1, uses within a shopping mall shall not be calculated on a separate
basis. The shopping mall parking space requirement shall determine the number of spaces.
SECTION 74 COMBINED OR SHARED PARKING
74.1
The Development Authority may allow two or more developments to share parking spaces. Up
to 20% of the required parking may be combined or shared parking.
74.2
Permission to share parking spaces may only be granted by the Development Authority in the
following circumstances:
a)
The developments are in close proximity to each other and within 100 m (330 ft) of the
site on which the parking spaces are located;
b)
The demand for parking spaces for each development is not likely to occur at the same
time;
c)
The Development Authority is satisfied that the arrangements between the owners of the
developments for the sharing of parking spaces is to be permanent unless an alternative
permanent arrangement is made that is satisfactory to the Development Authority; and,
d)
An agreement acceptable to the Development Authority is provided.
SECTION 75 ACCESS TO SITES
75.1
All access locations and curb crossings require the approval of the Development Authority.
8-10
75.2
All sites shall be designed so that backing manoeuvres necessary to access a parking stall, a
loading door, a drive-through or any other area where vehicles operate, take place wholly on the
site. Exceptions are single detached dwellings and individual parking stalls accessing a lane.
SECTION 76 VEHICULAR-ORIENTED USES
76.1
Vehicle-oriented uses shall include drive-in food services, gas bars, services stations, drive
through vehicular services and other developments providing drive-in services in which patrons
generally remain inside their vehicles.
76.2
Vehicle-oriented uses shall be located only where the Development Authority is satisfied that
the development will not adversely affect the functioning of surrounding public roadways.
76.3
The minimum site width shall be 30 m (100 ft).
76.4
Queuing space shall be provided as follows:
a)
For drive-in food services and other development having a service window, a minimum
of six inbound queuing spaces shall be provided for vehicles approaching the service
window; or,
b)
For drive-through vehicle services, a minimum of five inbound queuing spaces shall be
provided for each service bay; and,
c)
Each queuing space shall be a minimum of 5.5 m (18 ft) long and 3.0 m (10 ft) wide.
Queuing lands shall provide sufficient space for turning and manoeuvring.
SECTION 77 VEHICLE PARKING SPACES AND LOADING ZONES FOR PHYSICALLY DISABLED PERSONS
77.1
Location:
a)
Parking spaces for physically disabled persons shall be located as close as possible to
ramps, walkways, and building entrances.
b)
Parking shall be arranged in such a way that users of wheelchairs are not required to
pass behind parked cars.
c)
For conditions requiring more than two parking spaces for vehicles used by physically
disabled persons, no more than two stalls shall be placed adjacent to each other. If
there are several accessible building entrances, a stall shall be located near each
entrance.
77.2
Design and Construction - Parking Spaces For Vehicles Used By Physically Disabled Persons:
a)
Parking stalls shall conform with the requirements of the Alberta Building Code
(minimum width 3.9 m (13 ft);
b)
Each parking stall shall be clearly identified by painting the international symbol of
accessibility. The symbol shall be in white on a blue background and have a minimum
size of 0.9 m (3 ft) by 0.9 m (3 ft);
c)
The access aisle shall be marked with diagonal striping with strip spacing of 0.6 m (2 ft);
d)
The access aisle shall lead to a curb cut to the adjacent sidewalk connecting to a
building entrance. The curb shall have a minimum width of 0.9 m (3 ft) and shall have a
desirable slope of no more than 1:12. A maximum slope of 1:8 may be used with the
permission of the Development Authority;
e)
Parking stalls and the cross slopes (in the longitudinal direction of the walk) of the
sidewalk at the vicinity of the curb cut to the access aisle shall have a firm, slip-resistant
8-11
and level surface. Parking areas for vehicles used by physically disabled persons shall
be painted with a non-skid yellow paint; and,
f)
Each parking stall shall be marked with a wheelchair symbol sign with the message
Permit Required, the symbol shall be white on a blue background, and shall have a
minimum dimension of 0.46 m (18 in) by 0.6 m (2 ft). The sign shall be mounted at a
height of at least 1.2 m (4 ft) from the pavement or sidewalk to the bottom of the sign,
and be positioned so as to be easily seen by drivers attempting to park.
77.3
Design and Construction - Loading Zone for Vehicles Used By Physically Disabled Persons:
a)
The loading zone shall be made for rear or rear loading/unloading operations;
b)
Vehicles with side operating platforms that are 0.8 m (2.5 ft) wide by 1.0 m (3 ft) long can
discharge patrons at sidewalk level. An area of 1.5 m (5 ft) by 1.5 m (5 ft) is required
beyond the platform to allow a person in a wheelchair to turn around and move in a new
direction;
c)
A minimum height clearance of 3.0 m (10 ft) shall be provided for van type transporters;
and,
d)
A 0.9 m (3 ft) curb cut is needed for transporters with rear-mounted wheelchair lift.
77.4
Required number of parking spaces and loading zones for vehicles used by physically disabled
persons for any use shall be as follows:
a)
Parking for vehicles used by physically disabled person shall be included as part of and
not in addition to, the applicable minimum parking requirement;
b)
As required by the Alberta Building Code the number of parking stalls for vehicles used
by physically disabled persons shall be as follows.
NUMBER OF STANDARD VEHICLE PARKING
SPACES
NUMBER OF PHYSICALLY DISABLED
PERSON VEHICLE PARKING SPACES
1 to 25
1
26 to 50
2
51 to 100
3
>100
3 plus 1 / 100
SECTION 78 NUMBER OF BICYCLE PARKING STALLS REQUIRED
78.1
Unless otherwise allowed by the Development Authority, the required number of bicycle parking
stalls for any use shall be set forth in the following table:
USE
NUMBER OF BICYCLE PARKING SPACES
Residential Uses with 10 or more dwelling units
and all non-residential uses except education
uses
5% of car parking requirement but in no case less
than 4 stalls
All Commercial Uses
Up to 10% of car parking requirement but in no
case less than 2 stalls, subject to Development
Authority approval
All Education Uses
10% of students based on projected design
capacity.
8-12
78.2
Size and Location of Bicycle Stalls:
a)
Each bicycle parking space shall be a minimum of 0.6 m (2 ft) in width and 1.8 m (6 ft) in
length, with a minimum overhead clearance of at least 2.1 m (7 ft).
b)
Required bicycle parking spaces shall be wholly provided on the same site as the
building.
c)
Adequate access to and exit from individual bicycle parking spaces shall be provided to
the satisfaction of the Development Officer, with an aisle of not less than 1.5 m (5 ft) in
width to be provided and maintained beside or between each row of parking.
d)
Bicycle parking shall be separated from vehicle parking by a physical barrier or a
minimum of 1.5 m (5 ft) of open space.
e)
Bicycle parking spaces shall be visibly located where possible and provided in one or
more of the following ways, to the satisfaction of the Development Officer:
f)
Secure bicycle storage rooms, lockers, racks or railings or other such device inside the
building;
g)
Secure bicycle storage rooms, lockers, racks, or railings or other similar device in any
accessory parking area; and,
h)
Within a required or non-required yard or building setback of a site but not more than
15.2 m (50 ft) from a principal entrance of the building.
i)
Bicycle parking shall be designed so that bicycles may be securely locked to the rack,
railing or other similar device
j)
Bicycle parking racks or railings that supports the bicycle by the wheel only shall not be
used.
9-1
PART 9
SIGNS
SECTION 9
SIGN DEFINITIONS
9.1
9.1
The following definitions shall be used to define signs in this Land Use Bylaw.
9.2
9.2
Reference to land use districts in this Section means the respective land use district
established in the Land Use Bylaw.
A-Board means a self-supporting A-shaped advertising sign which is set upon the ground and has no external
supporting structure.
Accessory Tenants means businesses which have leased land, building or space within a building from the
principal business on a site.
Advertising or Advertising Sign means a sign that refers to goods, activities or services produced, offered
for sale or free or obtainable at the premises or on the site on which the sign is located or displayed. Also see
"general advertising".
Awning Sign means a non-illuminated advertising sign which is painted on or affixed flat to the surface of an
awning.
Billboard means a sign to which general advertising copy is pasted, glued, painted or otherwise fastened to
permit its periodic replacement and includes poster panels and painted structures. A billboard displays general
advertising.
Canopy means a non-retractable, solid projection which extends from the wall of a building and includes a
structure commonly known as a theatre marquee, but does not include normal architectural features such as
lintels, sills, mouldings, architraves, awnings and pediments.
Canopy Sign means an advertising sign attached to or construct in or on a face of a canopy or marquee but
does not include an under canopy sign.
Construction Sign means a sign located on a site where construction is planned and which contains general
information about the intended construction.
Digital Sign means a sign or portion of a sign with features that move or appear to move or change, whether
the apparent movement or change is in the display, the sign structure itself, or any other component of the
sign. A Digital Sign includes any display that incorporates a technology or methods allowing the image on the
sign face to change, such as rotating panels, LED lights manipulated through digital input, or "digital ink." A
Digital Sign does not include a sign whose message or image is changed by physically removing and replacing
the sign or its components.
Directional Sign means a sign which indicates the distance and/or direction to a place of business or other
premises indicted on the sign.
Election Sign means any sign used to promote a candidate or party during a municipal, school board,
provincial or federal election or any election held pursuant to the Local Authorities Election Act.
Façade means an advertising sign attached to, marked or inscribed on and parallel to the face of a building
wall but does not include a billboard, a painted wall sign or wall sign.
Fascia Sign means an advertising sign attached to, marked or inscribed on and parallel to the face of a
building wall but does not include a billboard, a painted wall sign or a wall sign.
Flashing Sign means a sign which contains an intermittent or flashing light source.
9-2
Freestanding Monument Sign means a sign that is a single solid structure placed in or on the ground with no
sight clearance between the grade and the bottom of the sign. It is wholly independent of any other object for
support. It includes a copy area on one or two sides and may consist of a changeable display and/or electronic
message features.
Free Standing Sign means an advertising sign that is supported independently of a building wall or structure
but does not include a temporary sign.
Frontage means the minimum straight line distance between the intersection of the side lot lines and the front
lot lines.
General Advertising or General Advertising Sign means a sign that refers to goods, activities or services
other than those produced, offered for sale or free or obtainable at the premises or on the site on which the
sign is located or displayed. Also see "advertising".
Height of Sign means the vertical distance measured from the highest point of the sign or sign structure to
grade.
Identification means a sign which contains no advertising but is limited to the name, address and number of a
building, institution or person.
Illuminated Sign means a sign which utilizes an electrical energy source.
Inflatable Sign means a sign or other advertising device which is designed to be inflated with air or a lighter-
than-air gas and to be anchored or affixed to a building or to the ground.
Menu Board Sign means a sign associated with a drive-thru food services establishment and is used to
display food and beverages and their associated prices.
Neighbourhood Identification Sign means a sign which states the name of a community area and may
contain a logo, symbol or map which is related to the community name.
Owner means a person, or the authorized agent of such person, in lawful possession or control of a sign.
Painted Wall Sign means an advertising or general advertising sign painted directly upon any outside surface
or other part of a building and includes super graphics.
Portable Sign means any sign, excluding an A-board sign, that can be carried or transported from one site to
another and includes electric or magnetic signs but does not include a temporary sign.
Projecting Sign means a sign which projects from a structure or building face and includes a sign in the shape
of a canopy but does not include a canopy sign or awning sign.
Property Management Sign means a sign that identifies the party responsible for the management of the site
and any necessary sales, leasing or rental information.
Real Estate Sign means a sign erected on a site by the owner or agent of the owner of the site, advertising
the site for sale or lease but does not include an inflatable sign.
Roadside Development Sign means a sign intended to provide notification of upcoming businesses in urban
areas or to provide notification of a subject parcel's business to the travelling public and is located adjacent to
a Provincial Highway or County Road.
Roof Sign means a sign or logo which is erected upon or above a roof or parapet of a building but does not
include an inflatable sign.
Rotating Sign means an advertising sign or portion of an advertising sign which moves in a revolving manner
but does not include a clock.
9-3
Sign includes any device used to identify or advertise a place of business or a product, whether words or
numbers are used.
Sign Area means the entire surface area of a sign, or in the case of a painted wall sign, a building face on
which an advertising copy could be placed. It includes any frame or embellishment that forms an integral part
of the display but does not include landscaping, and in the case of a double-face or multi-face sign, the
average of the total area of all sign faces is the average.
Sign Permit means permission in writing given by the Development Authority to erect or place a sign in
accordance with the Land Use Bylaw or any variance thereto.
Sign Structure means a structure designed to support a sign and may consist of a single pole or be a wall or
an integral part of the building.
Subdivision Identification Sign means a sign containing general information about a new subdivision such
as the name of the subdivision or the name of the developer.
Supergraphics means a graphic design painted on a building which does not convey a defined advertising
message or logo and includes a mural.
Temporary Sign means a sign, flag or banner not in a permanently installed or affixed position, advertising a
product or an activity on a limited time basis. This includes signs for seasonal vendors and signs for special
events of a non-retail nature but does not include a Portable Sign.'
Under Canopy Sign means an advertising sign which is suspended beneath a canopy.
Vehicle Sign means a sign mounted, painted, placed on, attached or affixed to a trailer, watercraft, truck,
automobile or other forms of motor vehicle, parked or placed so that the sign is discernible from a public street
or right-of-way as a means of communication or advertising.
Wall Sign means an advertising or general advertising sign which is mounted or fixed to or supported by a wall
by any means but does not include a fascia sign or a painted wall sign.
Window Sign means an advertising sign which is painted on, attached to or installed
inside a window for the purpose of being viewed from outside the premises.
9-4
SECTION 79 SIGN REGULATION PROCEDURES
79.1
The Development Authority may by notice in writing:
a)
Direct the owner to correct the condition of any sign or remove any sign within 30 days
of receipt of the notice where, in the opinion of the Development Authority, that condition
or sign constitutes a violation of this Bylaw or any permit hereunder, has become
unsightly or is unsafe;
b)
Order the owner to stop work on a sign if it is proceeding in contravention of this Bylaw;
c)
Order the owner to stop work on a sign if a permit has not been issued.
SECTION 80 SIGN PERMIT AND REQUIREMENTS
80.1
Except as provided in Section 81, and pursuant to Section 51.1 and Section 88, no person shall
place, replace, erect or use any sign without first obtaining a sign permit.
80.2
The Development Authority shall issue a sign permit if the sign complies with the provisions of
the Land Use Bylaw.
80.3
The sign permit shall bear the date on which it is issued, and if active work is not commenced
within the period of 12 months from the date of its issuance, the sign permit shall expire and
become invalid unless the Development Authority approves an extension of time, which must be
requested by the owner in writing.
80.4
Provided the sign is erected within 12 months of the date of issue of the permit, the permit shall
continue in force from year to year.
80.5
An application for a sign permit shall include the following:
a.
The name and address of:
i)
The sign company responsible for the sign; and
ii)
The owner of the sign; and,
iii)
The registered owner of the land or premises upon which the sign is to be
erected.
b.
A site plan designating location and setback requirements;
c.
A plan showing the following construction details:
i)
A rendering / illustration of the proposed sign;
ii)
The overall dimensions of the sign and the total sign area;
iii)
The amount of projection from the face of the building, where applicable;
iv)
The amount of projection over County Property, where applicable;
v)
The height of the top and the bottom of sign above the average ground level at
the face of the building or sign;
vi)
The distance to aerial power lines from freestanding signs.
80.6
Normal maintenance of a sign in accordance with an existing permit does not require a new
permit.
80.7
Whenever the conditions of installation require unusual structural provisions, the Development
Authority may require that a structural drawing be prepared by and bear the seal of a
professional engineer.
9-5
80.8
Upon application by the Owner, the Development Authority may consider a relaxation of only
the size, dimension, area or distance separation for any sign, and the Development Authority
may, if it considers that the request is reasonable, grant a relaxation for those items only.
SECTION 81 SIGNS NOT REQUIRING A SIGN PERMIT
81.1
The following signs shall not require a sign permit but must comply with the regulations of the
Land Use Bylaw as amended, where applicable:
a)
signs, notices, placards or bulletins required or permitted to be displayed:
i)
under the provision of federal, provincial or municipal legislation;
ii)
by or on behalf of the federal, provincial or municipal government;
iii)
on behalf of a department, a commission, a board, a committee or an official of
the federal, provincial or municipal government;
b)
street numbers or letters displayed on a premises where together the total copy area is
less than 1.2 m² (13 ft²);
c)
one non-illuminated sign with a total copy area not exceeding 1.11 m² (12 ft²) for each
major home business, bed and breakfast establishment or guest ranch that has been
issued a development permit.
d)
a fascia sign which is attached to a residential dwelling unit or its accessory buildings
and states no more than the name of the building or the name of the persons occupying
the building or both, provided that the total sign area does not exceed 0.3 m² (3.0 ft²);
e)
a fascia sign or canopy sign which is attached to a building other than a residential
dwelling unit and states no more than:
i)
the name or address of the building;
ii)
the name of the person or institution occupying the building; and
iii)
the activities carried on in the building including hours of operations and rates
charges, provided the total sign area does not exceed 1.5 m² (16 ft²);
f)
a real estate property management sign provided that the total sign area does not
exceed 1.0 m² (11 ft²) in Residential Districts;
g)
a real estate or property management sign provided that the total sign area does not
exceed 6.0 m² (65 ft²) in any other district;
h)
signs placed on a premises for the guidance, warning or restraint of persons;
i)
candidates' election signs only during the following time frames:
i)
between September 1 of an election year and the date of the election, in the case
of an election under the Local Authorities Election Act, and,
ii)
between the date of the election is officially called and the date of the election, in
the case of elections for Federal and Provincial public office;
j)
directional signs with an area less than 1.4 m² (15 ft²);
k)
temporary signs with an area less than 3.0 m² (32 ft²) intended to advertise any local
event being held for charitable purposes, which may be religious, educational, cultural,
political, social or recreational, but not for commercial purposes;
l)
construction signs, provided they conform to the following requirements;
i)
there shall not be more than a total of four construction signs per site, and:
1)
in residential subdivisions, the total area of all four construction signs
shall not exceed 6.4 m² (69 ft²); and,
9-6
2)
in a commercial and industrial subdivisions, the total area of all four
construction signs shall not exceed 25 m² (270 ft²);
ii)
no individual construction sign in a residential area may exceed 3.0 m² (32 ft²) in
area;
iii)
all construction signs must be located on private property;
iv)
construction signs shall be professionally designed and maintained to the
satisfaction of the Development Authority; and,
v)
construction signs may be erected within a period starting not earlier than
six (6) months before the date of intended construction and ending
three (3) months following the completion of construction, but in no case shall a
construction sign be erected for a maximum total time period of 18 months.
m)
menu board signs shall:
i)
only be located on a parcel that is districted as commercial;
ii)
have a maximum sign area of 3 m² (32 ft²);
iii)
have a maximum sign height of 3 m;
iv)
incorporate landscaping where required by a Development Officer;
v)
be limited to a maximum of two Menu Board Signs per business on a site; and
vi)
not create any off-site nuisance with regard to noise or illumination, as
determined by a Development Officer
n)
Signs displayed in or on buses, bus shelters, bus stop seats (benches), or garbage or
recycling bins located on streets are allowed without a development permit. Signs with
electronic messages that provide information only are allowed but shall not be used for
advertising purposes.
SECTION 82 SIGN OWNER'S RESPONSIBILITY
82.1
Neither the granting of a sign permit, nor the approval of the plans nor any inspections made by
the Development Authority shall in any way relieve the Owner from full compliance with the
Land Use Bylaw or other applicable legislation.
82.2
The Owner of a sign shall permit Development Authority representatives to enter the Owner's
premises at any reasonable time for the purpose of inspecting the sign or administering or
enforcing this bylaw.
82.3
The Owner of a sign shall at all times maintain the sign in a proper and safe state of repair and
shall not allow or permit the sign to be dilapidated or unsightly.
82.4
Unless otherwise allowed by this bylaw, no person shall attach anything to an existing permitted
sign unless a new permit is issued for such addition.
SECTION 83 STRUCTURAL PROVISIONS
83.1
All sign structures shall be securely built, constructed and erected to conform to the standards
set forth in this bylaw.
9-7
SECTION 84 SAFETY PROVISIONS
84.1
No person shall:
a)
erect or maintain any sign that is in contravention of this or any other County bylaw;
b)
erect a sign or sign structure on any exterior stairway, fire escape, fire tower or balcony
serving as a horizontal exit; or,
c)
erect a sign so that any portion of the surface or supports will interfere in any way with
the following;
i)
any opening necessary for a standpipe, required light, ventilation or exit from the
premises,
ii)
the free use of any window above the first storey, or,
iii)
the free passage from one part of a roof to another part of the same roof;
d)
erect, construct or maintain a sign or a display structure so as to create a hazard for
pedestrian or vehicular traffic by blocking sight lines between pedestrian and vehicular
traffic or distracting a driver or pedestrian, as determined by the Development Authority;
e)
erect, construct or maintain any sign which makes use of the words, "STOP", "LOOK",
and "DANGER" or any other word, phrase, symbol or character in such a manner as to
interfere with, mislead or confuse traffic.
SECTION 85 ILLUMINATION PROVISIONS
85.1
No signs or advertising structures shall have flashing or running lights.
85.2
No permit shall be issued for, and no person shall erect, install or maintain an electric sign
unless it conforms with the Alberta Safety Codes Act and regulations thereto.
85.3
Digital signs operating or employing stereoopticon video, motion pictures, laser or other similar
projection devices may only be allowed in commercial or industrial districts at the discretion of
the Development Authority.
SECTION 86 SIGN PROJECTION / ENCROACHMENT OVER COUNTY PROPERTY
86.1
86.1
Except for an A-board sign for which a permit has been issued under this bylaw, no
person shall erect a sign upon or over County property (including rights-of-ways, easements
and utility lots) or within setbacks required by the Land Use Bylaw without:
a)
the approval of the Development Authority; and,
b)
entering into a Sign Encroachment Agreement binding upon the owner of the land or
building to which the sign is attached and containing provisions to:
i)
indemnify the County;
ii)
place and maintain insurance; and
iii)
charge the land with any costs incurred by the County.
86.2
No person shall erect a sign so that any part of the sign or the sign structure projects into or
over a lane at a clearance less than 4.6 m (15 ft) above grade.
86.3
The owner of any sign that overhangs County property, where a permit has been issued, shall
be responsible for maintaining in force an insurance policy naming the County as an additional
insured and shall provide evidence of such insurance to the County on demand.
86.4
Where a sign is permitted on County land, the owner shall pay the County an annual license fee
in an amount as established by Council in the Red Deer County Fee Bylaw.
9-8
86.5
The permit fee for a sign is determined in the Red Deer County Fee Bylaw.
86.6
The Development Authority may revoke any sign permit where:
a)
a sign permit was issued and it violates the conditions of the permit or any of the
provisions of this bylaw; or,
b)
the owner is in breach of any of the provisions of this bylaw.
SECTION 87 OFFENSIVE SIGNAGE
87.1
No sign shall be erected which promotes intolerance, hatred or ridicule of race, religion or other
segment of society.
87.2
No sign shall be allowed to feature nudity.
SECTION 88 PERMITTED AND DISCRETIONARY SIGNS
88.1
Subject to Section 81.1 the various types of signs are either not allowed or are permitted or
discretionary in all land use districts as provided for in Table 88-0.
Table 88-0
Permitted and Discretionary Uses
Sign
A
G
R1
R1M
R2
R3
R4
R5
R6
R7
CTC
C2
C3
C4
C5
BSI
MI
HI
PS
PU
A-Board
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Awning and
Canopy
P
P
P
P
P
P
P
P
P
P
P
P
P
Billboard
D
D
D
D
D
D
Election
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Fascia
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Freestanding
and
Freestanding
Monument
D
P
P
P
P
P
P
P
P
P
P
Portable
Subdivision
P
P
P
P
P
P
P
P
P
P
P
P
Vehicle Sign
Roadside
Development
Sign
P
TABLE KEY
Not Allowed
P
Permitted
D
Discretionary
SECTION 89 A-BOARD SIGNS
89.1
89.1
A-Board Signs shall:
a)
be of a painted finish, be neat and clean, and be maintained in such condition; and,
b)
be of a size not exceeding 0.6 m (2 ft) wide by 0.9 m (3 ft) high, and no less than 0.3 m
(1 ft) wide by 0.6 m (2 ft) high.
9-9
FIGURE 89
1 A-BOARD SIGN
SECTION 90 AWNING & CANOPY SIGNS
90.1
Awning and canopy signs shall not project from the building to a point greater than where a
perpendicular line from the front edge of the awning will intersect the sidewalk 0.6 m (2 ft) from
the face of the curb.
90.2
Canopy signs may be attached to the sides and front of the canopy, and such signs may extend
the entire length and width of the canopy
90.3
Under canopy signs may be hung from the canopy, provided such signs shall not:
a)
extend beyond the sides or the front of the such canopy; and
b)
exceed a vertical dimension of 1.5 m (5 ft).
FIGURE 90-1
AWNING AND CANOPY SIGNS
9-10
90.4
No such person shall erect an awning sign, a canopy sign or an under canopy sign unless such
sign:
a)
is securely hung and anchored to the building to which it is attached;
b)
the structure to which it is attached is capable of resisting all stresses resulting from
dead weight, snow and wind loads;
c)
is at clearance of not less than 2.8 m (9 ft) from the average ground level at the face of
the building;
d)
does not project more than 3.0 m (10 ft) from the face of the building or structure to
which it is attached.
90.5
Projecting signs installed over or above canopies shall not be supported by the canopy.
SECTION 91 BILLBOARDS
91.1
A billboard sign shall not:
a)
be more than 3.0 m (10 ft) high and not more than 6.0 m (20 ft) long;
b)
have a maximum height above grade of more than 6.0 m (20 ft);
c)
have a maximum area exceeding 19 m² (205 ft²);
d)
be located closer than 3.0 m (10 ft) to any property line;
e)
be erected, constructed, altered or used anywhere within the County except as provided
by this and other bylaws of the County.
91.2
The land and the sites in and about where billboards are permitted shall be at all times
maintained in a neat and clean manner, free from all loose papers and rubbish. A second face
may be required on the billboard where the back of the billboard is visible to pedestrian or
vehicle traffic.
91.3
An existing billboard may be relocated on the same site with the approval of the Development
Authority.
9-11
SECTION 92 FASCIA SIGNS
92.1
Fascia signs shall not be located above any portion of a street, or project over public property
unless there is a minimum clearance from grade of 2.5 m (8 ft) and a maximum projection of
0.4 m (1.3 ft).
a)
a fascia sign shall not exceed 15% of the visible area of the facade of each wall of the
building on which it is located;
b)
a fascia sign may be illuminated
SECTION 93 FREESTANDING SIGNS AND FREESTANDING MONUMENT SIGNS
93.1
A freestanding sign may be allowed in a setback area as established in the Land Use Bylaw and
is subject to the condition that it be removed or relocated at the owner's expense upon 30 days
written notice from the County.
93.2
Freestanding signs are subject to the following regulations:
a.
one (1) freestanding sign shall be allowed per lot frontage for the purpose of identifying
the use or building on that lot,
b.
the sign shall be designed in a manner which is architecturally compatible with the
general character of the building and/or the surrounding streetscape, as approved by the
Development Authority,
c.
the maximum area of the freestanding sign shall not exceed 16 m² (172 ft²),
d.
the maximum height of the freestanding sign shall not exceed 9.0 m (30 ft),
e.
Where more than one business occupies a building, additional signage shall be located
in accordance with a comprehensive signage package prepared for the building and
submitted as part of the required landscape plan,
f.
freestanding signs shall not identify any accessory tenants within the principal building;
g.
the sign may be illuminated, but shall not have flashing or intermittent lights or devices or
mechanisms that create the impression of flashing or intermittent lights. Reader boards
are permitted, and
h.
at the discretion of the Development Authority, landscaping may be required at the base
of the sign.
93.3
Unless the Development Authority approves a lesser distance, the bottom of a freestanding sign
shall be a minimum of 3.6 m (11.8 ft) above grade, and the space between the bottom of the
sign and the grade shall be unobstructed, except for such supports as the sign may require.
The Development Authority may approve a lesser distance if it is determined that the sign is
located outside the sight triangle, as determined by the Development Engineer.
93.4
A freestanding monument sign may be allowed in a setback area as established in the Land
Use Bylaw and is subject to the condition that it be removed or relocated at the owner's
expense upon 30 days written notice from the County.
93.5
Freestanding monument signs are subject to the following regulations:
a)
the location of the sign shall be reviewed by the Development Engineer to ensure the
structure does not obstruct sight lines;
b)
one (1) freestanding monument sign shall be allowed per lot frontage for the purpose of
identifying the use or building on that lot;
9-12
c)
the sign shall be designed in a manner which is architecturally compatible with the
general character of the building and/or the surrounding streetscape, as approved by the
Development Authority;
d)
the maximum area of the freestanding monument sign shall not exceed 12 m2 (130 ft2);
e)
the maximum height of the freestanding monument sign shall not exceed 3 m (10 ft);
f)
where more than one business occupies a building, additional signage shall be located
in accordance with a comprehensive signage package prepared for the building and
submitted as part of the required landscape plan;
g)
freestanding monument signs shall not identify any accessory tenants within the
principal building;
h)
the sign may be illuminated, but shall not have flashing or intermittent lights or devices or
mechanisms that create the impression of flashing or intermittent lights. Reader board
signs are, however permitted; and
i)
at the discretion of the Development Authority, landscaping may be required at the base
of the sign.
9-13
SECTION 94 PORTABLE AND INFLATABLE SIGNS
94.1
Except for portable signs erected by the County or the RCMP as warning signs in connection
with traffic speed or safety, no person shall place, erect or use a portable, temporary or
inflatable sign anywhere in the County.
SECTION 94A TEMPORARY SIGNS
94A.1
A Development Permit is not required for a temporary sign.
94A.2
Only one (1) temporary sign is allowed per lot.
94A.3
The temporary sign must be contained within the property on which the event or sale is being
held and can only be displayed a maximum of thirty (30) days from when the sign was
installed.
94A.4
The temporary sign shall not be located within the site triangle where visibility may be impeded.
94A.5
The maximum size for the temporary sign shall be 2.97 m2 (32 square feet).
94A.6
The maximum size for temporary flag signs shall be as follows:
Maximum Height: 4.0 m (13 ft)
Maximum Sign Width 0.9 m (2.9 ft)
Maximum Sign Area: 5.0 m2 (53.8 square feet)
SECTION 95 PROJECTING SIGNS
95.1
No projecting sign shall be erected so that the bottom thereof is less than 2.8 m (9 ft) above the
sidewalk, provided, however, where traffic lights may be obscured, in the opinion of the
Development Authority, the minimum requirement for the bottom of the projecting sign may be
increased to a height of 3.6 m (12 ft) or more above the sidewalk.
95.2
All projecting signs shall maintain the required clearance from overhead power and service lines
as required forth under the Electrical Protection Act.
95.3
The maximum area of a projecting sign shall be 4.5 m² (48 ft²).
95.4
The nearest edge of a projecting sign shall not be set off more than 0.3 m (1 ft) from the building
face.
9-14
FIGURE 95-1
PROJECTING SIGNS
9-15
SECTION 96 SUBDIVISION IDENTIFICATION SIGN
96.1
A subdivision Identification sign must meet the following requirements:
a)
it must be professionally designed and maintained;
b)
the appearance and contents of the sign must be approved by the Development
Authority;
c)
a subdivision identification sign may be erected by a developer at the entrances to a
subdivision, subject to the developer entering into a Development Agreement to the
satisfaction of the County and dealing with the precise location, number, size, design
and character of the sign and making provisions for the perpetual maintenance and care
of the sign;
d)
it may not exceed 12.0 m² (130 ft²) in area unless the sign is located more than
100 m (330 ft) from a roadway and is approved by the Development Officer;
e)
not more than one sign for each entrance to the subdivision;
SECTION 97 WALL SIGNS
97.1
Wall signs shall be securely fastened to walls and shall not be entirely supported by an
unbraced parapet wall.
97.2
The maximum horizontal dimension of a wall sign shall be 6.0 m (20 ft).
SECTION 98 PROHIBITED SIGNS
98.1
All signs that are not in accordance with the definitions for signs under Section 9 or deemed to
be similar by the Development Authority shall be prohibited from development. Specific types of
signs prohibited include, but are not limited to, the following:
a)
Signs attached to or painted on Shipping Containers (C-Cans/Sea-Cans) which are
located on parcels of land for the purpose of communicating a message or advertising;
b)
Signs attached to or painted on licensed or un-licensed vehicles or trailers which are
parked for the purpose of communicating a message or advertising;
9-16
c)
Flashing or animated signs that are moving or contain digital or electronic message
boards, unless approved on commercial or industrial parcels in conjunction with
Section 85 of this Bylaw.
SECTION 99 ROADSIDE ADVERTISING SIGNS
99.1
Roadside Advertising Signs are intended to notify visitors of upcoming business in urban areas
or provide notification of the site parcel's business to travellers.
99.2
Roadside Advertising Signs on a Provincial Highway Corridor shall adhere to the following
regulations.
1)
Obtain a permit from Alberta Transportation
2)
Adhere to any additional Alberta Transportation setbacks and regulations not listed
below.
3)
Roadside advertising sign shall adhere to Alberta Transportation's Sign Exemption
policy, as amended from time to time.
4)
Sign owner shall obtain a permit from Red Deer County.
5)
Roadside advertising sign approvals are for a one (1) year period.
6)
There shall be no more than one (1) sign per parcel.
7)
Roadside advertising signs will be permitted in Red Deer County's Agriculture zone.
8)
Sign owner shall obtain the landowner's permission
9)
Sign owner shall maintain the sign in a proper state of repair
10)
Sign shall be placed a minimum of 10 m from parcel boundary and/or road right-of-ways.
11)
Sign shall not exceed 10 m2 (107 ft2) adjacent to a 2-lane highway or 15 m2 (161 ft2)
adjacent to a 4-lane highway
12)
Minimum letter size to be 15 cm (6 inches) in height, with a readable font style.
13)
The Development Engineer shall review the sign's location to ensure the structure does
not obstruct sightlines.
14)
The maximum height of roadside signs shall not exceed 9 m (30 ft).
15)
The sign shall be removed at the owner's expense when it is obsolete/no longer
required.
16)
The sign shall be removed at the owner's expense to accommodate future road
expansion and/or to accommodate roadway-related construction or maintenance
activities, at the request of Red Deer County.
17)
No roadside advertising sign shall be placed that contains any of the following
characteristics.
i)
Display an intermittent flashing, rotating, or moving light(s).
ii)
Is floodlighted in such a manner to cause a visual distraction for the motoring
public.
iii)
Have any moving, rotating parts.
iv)
Bears a legend giving a command to stop, stop ahead, look or exercise
caution.
v)
Bears legend that in any way imitates a standard or commonly used traffic sign.
99.3
Roadside Advertising Signs outside a Provincial Highway Corridor shall adhere to the
following regulations.
9-17
1)
Sign owner shall obtain a permit from Red Deer County.
2)
Roadside advertising sign approvals are for a 1 year period.
3)
There shall be no more than 1 sign per parcel.
4)
Roadside advertising signs will be permitted in Red Deer County's Agriculture zone.
5)
Sign owner shall obtain the landowner's permission
6)
Sign owner shall maintain the sign in a proper state of repair
7)
Sign shall be placed a minimum of 10 metres from parcel boundary and/or road right of
ways.
8)
Sign shall not exceed 10 m2 (107 ft2)
9)
Minimum letter size to be 15 cm (6 inches) in height, with a readable font style.
10)
The location of the sign shall be reviewed by the Development Engineer to ensure the
structure does not obstruct sightlines.
11)
The maximum height of roadside signs shall not exceed 9 m (30 ft).
12)
The sign shall be removed at the owner's expense when it is obsolete/no longer
required.
13)
The sign shall be removed at the owner's expense to accommodate future road
expansion and/or to accommodate roadway-related construction or maintenance
activities, at the request of Red Deer County.
14)
No roadside advertising sign shall be placed that contains any of the following
characteristics.
i)
Display an intermittent flashing, rotating, or moving light(s).
ii)
Is floodlighted in such a manner to cause a visual distraction for the motoring
public.
iii)
Have any moving rotating parts.
iv)
Bears a legend giving a command to stop, stop ahead, look or exercise caution.
v)
Bears legend that in any way imitates a standard or commonly used traffic sign.
10-1
PART 10
LAND USE DISTRICTS
SECTION 100 ESTABLISHMENT OF LAND USE DISTRICTS
100.1
For the purposes of this Bylaw Red Deer County is divided into the following land use districts:
-
Agricultural District (Ag)
-
Country Residential District (R-1)
-
Live-Work Rural Residential District (R-1M)
-
Estate Residential District (R-2)
-
Residential Low Density District (R-3)
-
Residential Medium Density District (R-4)
-
Comprehensive Residential District (R-5)
-
Resort Residential District (R-6)
-
Condominium Resort Residential District (R-7)
-
Manufactured Home Park District (R-8)
-
Comprehensive Town Centre District (CTC)
-
General Commercial District (C-2)
-
Highway Commercial District (C-3)
-
Business Service Commercial District (C-4)
-
Commercial Recreation District (C-5)
-
Neighbourhood Commercial (C-6)
-
Mixed Residential-Commercial (C-7)
-
Commercial Core (C-8)
-
Business Service Industrial District (BSI)
-
Medium Industrial District (MI)
-
Heavy Industrial District (HI)
-
Business Service Airport District (BSA)
-
Public Service District (PS)
-
Public Utility District (PU)
-
Direct Control District (DCD)
100.2
The boundaries of the districts listed in this Bylaw are as delineated in Part 32, Land Use District
Map.
100.3
Where uncertainty exists as to the boundaries of districts as delineated in the Land Use District
Map, the following rules shall apply:
a)
Where a boundary is shown as following a street, lane, railway or creek, it shall be
deemed to follow the centre line thereof.
b)
Where a boundary is shown as approximately following a lot line, it shall be deemed to
follow the lot line.
c)
District boundaries not referenced specifically to items indicated in Section 100.3(a) shall
be determined on the basis of the scale of the Land Use District Map.
10-2
d)
Where land use districts have been established in accordance with a proposed
subdivision of land, the districts shall be understood to conform to the Certificate of Title
or the Plan of Survey when registered in a land title office. Prior or the registration, the
district boundary shall be determined on the basis of the scale of the map.
100.4
The district standards of this Bylaw do not apply to roads, lanes, or other public thoroughfares.
100.5
All regulations are minimum standards unless otherwise noted.
11-1
PART 11
AGRICULTURAL DISTRICT (AG)
PURPOSE
101.1
To accommodate and support an evolving agricultural industry and associated rural lifestyles.
101.2 Permitted Uses OUTSIDE an Urban
Fringe Area or an Intermunicipal
Development Plan Boundary
101.3 Discretionary Uses OUTSIDE an Urban
Fringe Area or an Intermunicipal
Development Plan Boundary
On all parcel sizes
Accessory Building and Accessory Use
Aggregate Processing - Only upon the land to
which the Gravel Extraction Overlay District has
been applied.
Aggregate Removal - Only upon the land to which
the Gravel Extraction Overlay District has been
applied (Refer to Part 36, Schedule A).
Bed And Breakfast Facility
Boarding Facility
Cabin
Cemetery
Farm Building
Garden Suite
Home Business - Minor
Intensive Agricultural Operation
Kennel
Manufactured Home
Public Utility
Recreational Vehicle Storage Minor
Second Dwelling
Secondary Suite
Signs
Single Detached Dwelling
Solar Energy Devices
Value Added Agricultural Industry, with
a gross floor area of 600 m² (6,460 ft²) or
less
Wind Energy Conversion System, Category 1
On parcels of 32 ha (80 ac) or more:
Extensive Agricultural Operation
Agricultural Supply Depot
Campground Minor
Clustered Farm Dwellings
Commercial Composting Facility
Community Facility
Crematorium
Data Processing Facility
Duplex
Extensive Recreation
Guest Ranch
Home Business - Major
Home Business - Major (Wedding Venue and
Event Center)
Hydrovac Waste Disposal Facility
Intensive Recreation
Recreational Vehicle Storage Major
Solar Energy Farm
Value Added Agricultural Industry with a gross
floor area greater than 600 m² (6,460 ft²)
Veterinary Clinic
Warehousing and Storage - limited to self
storage
Wind Energy Conversion System, Category 2
Work Camp
11-2
101.4 Permitted Uses WITHIN an Urban
Fringe Area or an Intermunicipal
Development Plan Boundary
101.5 Discretionary Uses WITHIN an Urban
Fringe Area or an Intermunicipal
Development Plan Boundary
On all parcel sizes
Accessory building And Accessory Use
Aggregate Processing - Only upon the land to
which the Gravel Extraction Overlay District has
been applied.
Aggregate Removal - Only upon the land to
which the Gravel Extraction Overlay District has
been applied (Refer to Part 36, Schedule A).
Bed And Breakfast Facility
Cemetery
Farm Building
Garden Suite
Home Business - Minor
Intensive Agricultural Operation
Manufactured Home
Public Utility
Recreational Vehicle Storage Minor
Second Dwelling
Secondary Suite
Signs
Single Detached Dwelling
Solar Energy Devices
Value Added Agricultural Industry, with gross floor
area of 600 m² (6,460 ft²) or less
Agricultural Supply Depot
Boarding Facility
Crematorium
Clustered Farm Dwellings
Commercial Composting Facility
Community Facility
Duplex
Extensive Recreation
Guest Ranch
Home Business - Major
Intensive Recreation
Kennel
Recreational Vehicle Storage Major
Solar Energy Farm
Value Added Agricultural Industry with a gross
floor area greater than 600 m² (6,460 ft²)
Veterinary Clinic
Warehousing and Storage - limited to self
storage
Work Camp
SITE REGULATIONS
101.6
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Lot Area (minimum)
1.2 ha (3 ac)
Front Yard (minimum)
46 m (150 ft) from a Provincial Highway or gravel County road
20 m (66 ft) from a paved County road
7.0 m (23 ft) from an internal subdivision roadway
Rear Yard (minimum)
7.5 m (25 ft)
Side Yard (minimum)
7.5 m (25 ft)
Building Height (maximum)
Agricultural Buildings and structures: 25 m (82 ft)
Non-agricultural buildings and structures: Two storeys
Site Coverage (maximum)
101.7
Where a parcel of less than 20 ac in the Agricultural District is located within or adjacent to a
multi-lot subdivision, the Development Authority may restrict the size of any agricultural building
or accessory building.
11-3
MINIMUM SERVICING REQUIREMENTS
101.8
For all developments sanitary sewage shall be provided in compliance with the Alberta Private
Sewage Systems Standard of Practice and to the satisfaction of the Development Authority.
101.9
For all developments the availability and suitability of on-site water shall be confirmed and shall
be licensed pursuant to the provisions of the Water Act.
101.10
For all developments storm drainage facilities shall be provided to the satisfaction of the
Development Authority.
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PART 12
COUNTRY RESIDENTIAL DISTRICT (R-1)
PURPOSE
102.1
To provide for country residential lots that are 0.4 ha (1.0 ac) to 1.2 ha (3.0 ac) in size and that
are located in an area approved for that use by a plan in accordance with the County's plan
hierarchy.
102.2
PERMITTED USES
102.3
DISCRETIONARY USES
Accessory Building and Accessory Use
Bed And Breakfast Facility
Boarding Facility
Home Business - Minor
Public Utility
Secondary Suite
Signs
Single Detached Dwelling
Solar Energy Devices
Duplex
Extensive Recreation
Garden Suite
Home Business - Major
Moved-in Building
Social Care Facility
Wind Energy Conversion System, Category 1
Work Camp
SITE REGULATIONS
102.4
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Lot Width (minimum)
30 m (100 ft)
Lot Area
minimum of 0.4 ha (1.0 ac) and maximum of 1.2 ha (3.0 ac)
Front Yard (minimum)
46 m (150 ft) from a Provincial Highway or gravel County road
20 m (66 ft) from a paved County road
7.0 m (23 ft) from an internal subdivision roadway
Rear Yard (minimum)
7.5 m (25 ft)
Side Yard (minimum)
3.0 m (10 ft) for internal lots
7.0 m (23 ft) on the side that is flanking an internal subdivision road
Building Height (maximum)
Two storeys
Maximum Site Coverage
45%
ADDITIONAL REGULATIONS
102.5
The maximum size for an Accessory Building and Accessory Use shall not exceed 223 m2
(2,400 ft2) in size unless approved by the Development Authority.
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PART 12A LIVE-WORK RURAL RESIDENTIAL DISTRICT (R-1M)
PURPOSE
102a.1
To promote a live-work residential lifestyle within Hamlets and other planned areas within the
County that include both a residence as well as a secondary use home business on fully
serviced lots that range in size from 0.10 ha (0.25 ac) to 0.51 ha (1.25 ac) lot.
102A.2
PERMITTED USES
102A.3
DISCRETIONARY USES
Accessory Building and Accessory Use
Home Business - Minor
Public Utility
Secondary Suite
Sign
Single Detached Dwelling
Solar Energy Devices
Home Business - Major
Wind Energy Conversion System, Category 1
SITE REGULATIONS
102a.4
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Lot Width
15.25 m (50 ft)
Lot Area
0.10 ha (0.25 ac) - 0.51 ha (1.25 ac)
Front Yard
7.0 m (23 ft)
Rear Yard
3.0 m (10 ft), except 6.0 m (20 ft) where abutting a residential
district
Side Yard
3.0 m (10 ft) for internal lots
7.0 m (23 ft) on the side that is flanking a road
Building Height (maximum)
Two storeys
Site Coverage (maximum)
45%
ADDITIONAL REGULATIONS
102a.5
Notwithstanding Section 52.3(a), all home business development permit approved under this
District shall have no expiry date. An approved development permit is required anytime there is
an increase in intensity in use or a change in the approval of use.
102a.6
When proposing outdoor storage as incidental to a Home Business - Major the following shall
apply:
a)
Outdoor storage shall not occupy more than the building footprint of the dwelling and
shall be screened from any road and/or adjacent residence(s).
b)
Landscaping and screening shall be required accompanied with an approved
landscaping plan to the satisfaction of the Development Authority; and
c)
Outdoor storage is prohibited in the front yard.
102a.7
Accessory Building and Accessory Uses shall not exceed 223 m2 (2,400 ft2) in size unless
approved by the Development Authority.
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102a.8
Notwithstanding Section 92.1 - fascia sign associated with the Home Business - Major may be
permitted in front of one accessory building which may cover no greater than 1% of the front
façade.
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PART 13
ESTATE RESIDENTIAL DISTRICT (R-2)
PURPOSE
103.1
To allow for residential lot sizes ranging from 0.125 ha (0.30 ac) to 0.4 ha (1.0 ac) serviced by
piped water and sanitary sewer systems.
103.2
PERMITTED USES
103.3 DISCRETIONARY USES
Accessory Building and Accessory Use
Home Business - Minor
Public Utility
Secondary Suite
Single Detached Dwelling
Signs
Solar Energy Devices
Bed And Breakfast Facility
Boarding Facility
Duplex
Garden Suite
Moved-in Building
Social Care Facility
Wind Energy Conversion System, Category 1
SITE REGULATIONS
103.4
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Lot Width
15.24 m (50 ft)
Lot Area
0.125 ha (0.30 ac - 0.4 ha (1.0 ac)
Front Yard
5.0 m (16 ft) from an internal subdivision roadway
Rear Yard
7.0 m (23 ft)
Side Yard
3.0 m (10 ft) for internal lots
7.0 m (23 ft) on the side flanking a road
Building Height (maximum)
Two storeys
Site Coverage (maximum)
40%
ADDITIONAL REGULATIONS
103.5
Accessory Building and Accessory Use shall not exceed 223 m2 (2,400 ft2) in size unless
approved by the Development Authority.
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PART 14
RESIDENTIAL LOW DENSITY DISTRICT (R-3)
PURPOSE
104.1
To provide for single detached dwellings and duplexes in hamlets in areas approved for that use
by a plan in accordance with the County's plan hierarchy.
104.2
PERMITTED USES
104.3
DISCRETIONARY USES
Accessory Building and Accessory Use under
223 m² (2,400 ft²) in size
Community Facility
Duplex
Home Business - Minor
Public Utility
Secondary Suite
Single Detached Dwelling
Signs
Solar Energy Devices
Accessory Building and Accessory Use over
223 m² (2,400 ft²) in size
Bed And Breakfast Facility
Boarding Facility
Home Business - Major
Manufactured Home
Moved-in Building
Social Care Facility
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SITE REGULATIONS
104.4
104.4 In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations SHALL APPLY TO EVERY DEVELOPMENT IN THIS DISTRICT:
SINGLE DETACHED DWELLING AND DUPLEX
Front Yard (minimum)
30 m (100 ft) from a Provincial Highway
10 m (33 ft) from a Provincial Highway With Service Road
10 m (33 ft) from a gravel County Road
3.0 m (10 ft) from a street or paved County Road
Rear Yard (minimum)
7.5 m (25 ft)
Side Yard (minimum)
1.5 m (5 ft) without a side entrance
2.4 m (8 ft) with a side entrance
3.0 m (10 ft) where a rear garage or carport is accessed from the front
3.0 m (10 ft) if flanking a street or paved County road
10 m (33 ft) if flanking a Provincial Highway with service road or
gravel County road
10 m (33 ft) if flanking a Provincial Highway
Building Height (maximum)
Two storeys
Site Coverage (maximum)
40%
SINGLE DETACHED
DWELLING AND
MANUFACTURED
HOME
MINIMUM LOT WIDTH
MINIMUM LOT AREA
MAXIMUM LOT AREA
unserviced
25 m (82 ft)
1,800 m² (19,500 ft²)
(Private Sewage
System Standard of
Practice minimum)
3,035 m² (3/4 ac)
serviced
10 m (33 ft)
370 m² (4,000 ft²)
800 m² (8,612 ft²)
sewer only
30 m (98 ft)
930 m² (10,000 ft²)
2,023 m² (1/2 ac)
water only
30 m (98 ft)
1,800 m² (19,500 ft²)
3,035 m² (¾ ac)
DUPLEX (HALF LOT)
MINIMUM LOT WIDTH
MINIMUM LOT AREA
MAXIMUM LOT AREA
Serviced
7.5 m (25 ft)
232 m² (2,500 ft²)
400 m² (4,306 ft²)
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PART 15
RESIDENTIAL MEDIUM DENSITY DISTRICT (R-4)
PURPOSE
105.1
To provide for a range of medium density residential uses in hamlets in areas approved for that
use by a plan in accordance with the County's plan hierarchy. Types of uses may include
fourplexes, townhouses and low rise apartments.
105.2
PERMITTED USES
105.3
DISCRETIONARY USES
Accessory Building and Accessory Use
Apartment
Community Facility
Home Business - Minor
Multi-attached Dwelling
Public Utility
Signs
Solar Energy Devices
Social Care Facility
DENSITY
105.4
The density range for all residential uses shall be 35 to 75 units/ha (15 to 30 units/ac).
SITE REGULATIONS
105.5
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
MULTI-ATTACHED DWELLING
APARTMENT
lot area (minimum)
156 m² (1,680 ft²) / internal unit
186 m² (2,000 ft²) / end unit
278 m² (3,000 ft²) / unit (laneless)
930 m² (10,000 ft²)
lot width (minimum)
16.5 m (54 ft)
5.5 m (18 ft) unit
20 m (66 ft)
front yard (minimum)
30 m (100 ft) from a Provincial
Highway
10 m (33 ft) from a Provincial Highway
with service road
10 m (33 ft) from a gravel County road
3.0 m (10 ft) from a street or paved
County Road
10 m (33 ft) from a Provincial Highway
10 m (33 ft) from a Provincial Highway
with service road
10 m (33 ft) from a gravel County road
6.0 m (20 ft) from a street or a paved
County Road
Multi-attached Dwelling
Apartment
rear yard (minimum)
7.5 m (25 ft)
7.5 m (25 ft)
side yard (minimum)
1.8 m (6 ft) without side entrance
2.4 m (8 ft) with side entrance
0.9 m (3 ft) for each storey or partial
storey, but not less than 3.0 m
(10 ft)
building height
(maximum)
Three storeys
Four storeys
Maximum site
coverage
45%
50%
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PART 16
COMPREHENSIVE RESIDENTIAL DISTRICT (R-5)
PURPOSE
106.1
To provide for a comprehensively planned site in hamlets where the primary use is residential
that is mixed with some limited compatible commercial and institutional uses. The mix of uses
and site regulations shall comply with a development plan contained in an approved plan in
accordance with the County's plan hierarchy.
106.2
PERMITTED USES
106.3
DISCRETIONARY USES
Accessory Building and Accessory Use
Apartment
Community Facility
Community Recreation Facility - Indoor
Duplex
Financial Institution
Food and Beverage Service Facility
Government Service
Home Business - Minor
Multi-attached Dwelling
Office
Personal Service Facility
Public Utility
Retail Store - Minor
Signs
Secondary Suite
Single Detached Dwelling
Solar Energy Devices
Retail Store - Major
Social Care Facility
Wind Energy Conversion System, Category 1
MINIMUM SERVICING REQUIREMENTS
106.4
All apartment buildings and multi-attached dwellings shall provide communal sewage and
potable water services to the satisfaction of the Development Authority;
106.5
Storm drainage facilities shall be provided to the satisfaction of the Development Authority.
ADDITIONAL REGULATIONS
106.6
In addition to the Regulations contained in Parts Seven, Eight and Nine, the design criteria listed
in the approved plan in accordance with the County's plan hierarchy shall apply.
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PART 17
RESORT RESIDENTIAL DISTRICT (R-6)
PURPOSE
107.1
To provide for resort residential development in association with amenity features, in
compliance with an approved plan in accordance with the County's plan hierarchy.
107.2
PERMITTED USES
107.3
DISCRETIONARY USES
Accessory Building and Accessory Use under 222
m2 (2400 ft2) in size
Community Facility
Community Recreation Facility - Outdoor
Extensive Recreation
Public Utility
Recreation Vehicle
Security / Operator Residential Unit
Signs
Single Detached Dwelling
Solar Energy Devices
Accessory building and Accessory Use
over 222 m2 (2400 ft2) in size
Apartment
Automotive Gas Bar
Community Recreation Facility - Indoor
Duplex
Food and Beverage Service Facility
Golf Course
Intensive Recreation
Multi-attached Dwelling
Retail Store - Minor
Warehousing and Storage limited to recreation
vehicles, boats, all terrain vehicles, ski-doos,
utility trailers and related vehicles
SITE REGULATIONS
107.4
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Lot Width
N/A
Lot Area
N/A
Front Yard (minimum)
46 m (150 ft) from a Provincial Highway or gravel County road
20 m (66 ft) from a paved County road
7.0 m (23 ft) from an internal subdivision roadway
Rear Yard (minimum)
7.5 m (25 ft)
Side Yard (minimum)
3.0 m (10 ft)
Building Height (maximum)
Apartment - Three Storeys
All other - Two Storeys
Maximum Site Coverage
45%
ADDITIONAL REGULATIONS
107.5
The removal of trees and/or shrubs without development authority approval, approval is
prohibited. The Development Authority may prevent the removal of trees or shrubs adjacent to
environmentally sensitive areas.
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PART 18
CONDOMINIUM RESORT RESIDENTIAL DISTRICT (R-7)
PURPOSE
108.1
108.1 To provide for condominium resort residential development in association with amenity
features, in compliance with an approved plan in accordance with the County's plan hierarchy.
108.2
PERMITTED USES
108.3
DISCRETIONARY USES
Accessory Building and Accessory Use (see
Section 108.10)
Community Facility
Cottage
Public or Private Utility
Recreation Vehicle
Park Model
Security / Operator Residential Unit
Solar Energy Devices
Warehousing and Storage limited to recreation
vehicles, boats, all-terrain vehicles, ski-dos,
utility trailers and related vehicles for use by
condominium owners only
Automotive Gas Bar
Food and Beverage Service Facility
Golf Course
Home Business - Minor
Recreation Facility
Retail Store - Minor
SITE REGULATIONS
108.4
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Lot Width
N/A
Lot Area
Each condominium unit a minimum of 235 m² (2,500 ft²)
Front Yard (minimum)
46 m (150 ft.) from a Provincial Highway or gravel County road
20 m (66 ft.) from a paved County road
3.5 m (12 ft.) from an internal subdivision roadway
Rear Yard (minimum)
1.5 m (5 ft.)
Side Yard (minimum)
A Side Yard of 0.61 m (2.0 ft) or 1.5 m (5 ft) - see
Additional Regulations Section 108.5
Building Height (maximum)
All condominium resorts: maximum building height of 7.92 m
(26.0 ft) measured from the average grade to the highest point of the
building.
Site Coverage (maximum)
65%
ADDITIONAL REGULATIONS
108.5
Internal Lot Minimum Setbacks
a)
The minimum side yard setback shall be:
i)
a minimum of 0.61 m (2.0 ft) side yard from the eave or an imaginary line of the
most exterior projection from the building on one side; and on the opposite side
the structure may not be closer than 1.5 m (5.0 ft) to the property line.
Notwithstanding this, no cottage, recreation vehicle or park model shall be
located within 3.0 m (10 ft) of one another;
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ii)
properties proposing a 0.61 m (2 ft) setback from a side property line will be
required to enter into a maintenance agreement with the adjacent lot owner to
the satisfaction of Red Deer County.
b)
The maximum main floor area for a cottage, recreation vehicle or park model, including
all tip outs, push outs, pull outs, enclosed porches, enclosed verandas and enclosed
decks shall not exceed 92 square m (990 square ft). Attached garages, basements and
lofts are not included in calculation of the main floor area. Patios and decks (covered
and uncovered) square footage are not included in the maximum floor area calculation;
c)
All decks (enclosed, covered and uncovered), porches and verandas shall be structurally
independent (i.e., not attached) to a recreation vehicle or park model;
d)
For the purposes of this district a deck (enclosed, covered and uncovered), porches, or
verandas shall not be considered an accessory building or an accessory use and must
adhere to the setback requirements of the principal structure.
OPEN SPACE
108.6
A minimum of 10% of the gross condominium lot area shall be set aside for common space
recreation area and no portion of any condominium unit shall be included in this open space.
SITE LIMITATIONS
108.7
Where bare land condominiums are located partially or wholly within the 1:100 year flood
elevation, no permanent structures shall be constructed or located or developed on lands within
the 1:100 year flood elevation.
UTILITIES
108.8
Underground water and sewer utilities shall be a maximum of 1.5 m (5 ft) in depth unless
otherwise approved by the Development Authority.
LANDSCAPING
108.9
Landscaping shall be subject to Section 54 or as determined by the Development Authority.
ACCESSORY BUILDINGS AND USES
108.10
Accessory Building and Accessory Use in this District is limited to one maximum 10 m² (110 ft²)
accessory building and which notwithstanding any other applicable regulations in this Bylaw
may be located in the front, side or rear yard of a lot.
a)
No accessory building shall be used as a garage.
b)
Any accessory building within this district shall be no more than 4.5 m (15 ft) in height.
c)
No accessory building shall be erected or placed in this district within 0.61 m (2.0 ft) of
any boundary on the site.
d)
No accessory building shall be located within 0.5 m (1.64 ft) of any utility right of ways or
easements that are required within this district.
e)
No minimum distance is required between a principal building and an accessory
building. The accessory building shall not be structurally attached to a recreation vehicle
or park model.
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SIGNS
108.11
For a list of permitted and discretionary signs in this District, see Table 88-1
ATTACHED GARAGES
108.12
An attached garage may be allowed if the following criteria are met:
a)
The maximum site coverage, including an attached garage shall not exceed sixty five
percent (65%).
b)
The attached garage must not exceed 50 m² (550 ft²).
c)
The attached garage and cottage must adhere to all setback distances and height
regulations for the district.
d)
A garage may only be attached to a cottage and shall not be attached to a recreational
unit such as a recreational vehicle or a park model.
e)
The proposed attached garage meets the criteria of the Condominium Association
regulations.
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PART 19
MANUFACTURED HOME PARK DISTRICT (R-8)
PURPOSE
109.1
To provide for a comprehensively designed manufactured home park that may include facilities
for the use and enjoyment of the park residents.
109.2 PERMITTED USES
109.3 DISCRETIONARY USES
Accessory Building and Accessory Use
Home Business - Minor
Manufactured Home
Public Utility
Signs
Solar Energy Devices
Social Care Facility
DENSITY
109.4
The maximum density shall be 20 manufactured home units per hectare (8 manufactured
homes per ac).
SITE REGULATIONS
109.5
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Park Area (minimum)
2.02 ha (5 ac)
Front Lot Yard (minimum)
3.5 m (12 ft) from internal road or parking area
Side Lot Yard -
Standard (minimum)
1.5 m (5 ft) each side with attached garage
In a laneless subdivision, excepting corner lots, a manufactured home
without an attached garage shall provide one (1) 2.7 m (9 ft) side yard
to provide vehicular access to the rear yard.
Side Lot Yard, zero lot line
(minimum)
3.0 m (10 ft) on one side and 0.0 m (zero) on the other
Rear Lot Yard (minimum)
1.5 m (5 ft)
Building Height (maximum)
Two Storeys
Lot Width (minimum)
12 m (40 ft)
Lot Depth (minimum)
30 m (100 ft)
Maximum Lot Coverage
50 percent
ADDITIONAL REGULATIONS
109.6
An approved comprehensive siting plan shall be required prior to the development of land in this
district, and all development shall conform to the comprehensive siting plan. The proposed plan
must include the following to the satisfaction of the Development Authority:
a)
access, road system, walkway system and site pattern showing dimensions and
structures;
b)
provision for on-site containerized garbage collection facilities;
c)
open space, to a maximum of 10% of the park, designated for recreational and
playground use, and shall not include any required buffer strip;
19-2
d)
provision of a landscaped buffer of 4.6 m (15 ft) or greater between any manufactured
home and the lot line bounding the manufactured home park;
e)
provisions for outdoor lighting;
f)
identification and directional signs;
g)
location of parking aprons (hard surfaced) for every proposed lot;
h)
proposed location of manufactured home for every lot;
i)
proposed landscaping of the individual lots and throughout the park pursuant to Section
54 of this Bylaw;
j)
screened storage compound for trucks, trailers, campers, snowmobiles, boats etc;
k)
shall establish guidelines and standards satisfactory to the Development Authority
governing design and materials of carports, patios, storage buildings, skirting, fences,
fuel storage and supply facilities and other attached or detached structures; and,
l)
such other information as deemed necessary by the Development Authority.
109.7
The development of a manufactured home community must be completed in conformance with
the approved plans and related conditions prior to the issuance of an Occupancy Permit.
109.8
No standard manufactured home unit shall be permitted within a block of lots designated for
zero lot line placements.
109.9
Within the manufactured home park no manufactured homes, including attached structures,
shall be within 15 m (50 ft) from any manufactured home, including any attached structures or
permanent park structures that are located directly on the opposite side of a park street.
109.10
All manufactured homes shall have CSA and Alberta Building Standards (ABS) label numbers.
109.11
Dwellings shall be finished from the floor level to the ground level within 30 days of being sited
on a lot. All finish materials shall either be parged, factory fabricated or, of equivalent quality, be
pre-finished or painted so that the design and construction complements the dwelling.
109.12
Equipment used for transportation of manufactured homes shall be removed from the dwelling
and finishing installed within 30 days of placement.
109.13
Dwellings shall be placed on a CSA Z240.10.1 standard foundation, an engineer approved
foundation, or a basement.
109.14
All attached or accessory structures such as room additions, porches, sun rooms, garages and
garden sheds shall be a factory pre-fabricated units, or of an equivalent quality and shall be
pre-finished or painted so that the design and construction complements the principal building.
109.15
The roof line of any addition shall not exceed the height of the dwelling.
109.16
A lot may be used only for the siting of one manufactured home.
109.17
All roads in a manufactured home park shall be paved and of sufficient width to accommodate
the passage of emergency vehicles. If roads are less than 7.6 m (25 ft) in width, no on-street
parking shall be permitted.
109.18
Designated visitor parking areas shall be evenly distributed throughout the park, and each
visitor parking shall include a minimum of three parking stalls:
a)
a second access from a public road shall be provided for emergency access to any park
containing more than 70 units; and,
19-3
b)
internal pedestrian walkways, where provided, shall have a minimum hard surfaced
width of 1.2 m (4 ft) and be constructed to the satisfaction of the Development Authority.
109.19
Pursuant to the Municipal Government Act, the owner or agent of a manufactured home
community in the County shall notify the assessor of the County in writing of:
a)
Any manufactured homes locating in the park, or moving to a different site within the
park within 10 days of the changes with the following information:
i)
name and address of the owner of the manufactured home,
ii)
make and serial number of the manufactured home, and,
iii)
site location of the unit within the park;
b)
Any change of ownership or any removal of a manufactured home from the park 10 days
prior to change or removal.
109.20
The storage area for vehicles, recreation vehicles, water craft and other items that cannot be
stored on a manufactured home lot shall, where possible, be provided with a minimum of a
19 m² (200 ft²) of storage area per manufactured home lot.
109.21
A storage area shall be enclosed or screened by trees, landscape features or fences or a
combination thereof to the satisfaction of the Development Authority.
109.22
No vehicle over 4,536 kilograms (10,000 pounds) shall be parked on a manufactured home park
lot or manufactured home park street for longer than is reasonably required to load or unload
such vehicle.
109.23
No vehicle greater than 7.6 m (25 ft) in length may be parked on a manufactured home lot within
a manufactured home park.
109.24
No more than one recreation vehicle or trailer may be parked on a manufactured home lot within
a manufactured home park. A licensed recreation vehicle, owned by a temporary guest of the
occupants of a manufactured home, may be parked on that manufactured home lot, regardless
of its size, for a period not exceeding two weeks.
109.25
The outdoor storage of materials, products, equipment or machinery shall not be permitted in
this district except in designated storage areas.
109.26
All utility lines shall be placed underground or as may be stipulated in a development
agreement.
109.27
Manufactured home parks shall be fully serviced with approved common water distribution and
sewage collection systems.
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20-1
PART 20
COMPREHENSIVE TOWN CENTRE DISTRICT (CTC)
PURPOSE
110.1
To provide for a range of residential, retail, personal and business service commercial uses in
hamlets that allows for some limited compatible residential and institutional uses. The mix of
uses shall comply with a development plan contained in an approved plan in accordance with
the County's plan hierarchy.
110.2
PERMITTED USES
110.3
DISCRETIONARY USES
Accessory Building and Accessory Use
Apartment
Automotive and Minor Recreation Vehicle Sales /
Rentals
Automotive Gas Bar
Automotive Repair - Minor
Automotive Wash - Minor
Commercial Recreation Facility - Indoor
Community Facility
Duplex
Electric Vehicle Charging Station
Financial Institution
Food and Beverage Service Facility
Funeral Home
Government Service
Hotel
Lease Bay Building/Commercial Retail Unit
Motel
Multi-attached Dwelling
Office
Personal Service Facility
Public Utility
Retail Store - Major
Retail Store - Minor
Signs
Secondary Suite
Single Detached Dwelling
Social Care Facility
Solar Energy Devices
Cannabis Retail Sales
Day Care Facility (2024/26.11)
Industrial / Commercial Training Facility
Veterinary Clinic
Warehouse Sales
20-2
SITE REGULATIONS
110.4
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district.
Lot Width (minimum)
30 m (100 ft)
Maximum Floor Space Ratio
Commercial: 1.0 (one times the site area)
Residential: 2.0 (two times the site area)
Total: 3.0 (three times the site area)
Front Yard (minimum)
30 m (100 ft) from a Provincial Highway
10 m (33 ft) from a Provincial Highway with service road
10 m (33 ft) from a gravel County Road
7.0 m (23 ft) from a street or paved County Road
Rear Yard (minimum)
3.0 m (10 ft) except 5 m (16 ft) where abutting a residential district.
The required yard shall be increased by 1.0 m (3 ft) in depth above
the first storey.
Side Yard (minimum)
1.5 m (5 ft) except 3.0 m (10 ft) where abutting a residential
district. The required yard shall be increased by 1.0 m (3 ft) in
depth for each storey above the first storey.
Building Height (maximum)
Residential: Four Storeys
Non-Residential: 12 m (40 ft)
Mixed Use: Four Storeys
ADDITIONAL REGULATIONS
110.5
For apartments and multi-attached dwelling uses, the R-4 District regulations shall apply.
110.6
Development shall be designed to ensure the privacy of adjacent residential development.
110.7
Mechanical equipment on roofs or elsewhere and garbage areas shall be screened to the
satisfaction of the Development Authority.
110.8
For a new comprehensively planned town centre located in a hamlet, the design criteria
listed in the approved plan in accordance with the County's plan hierarchy shall apply.
21-1
PART 21
GENERAL COMMERCIAL DISTRICT (C-2)
PURPOSE
111.1
To provide for a diversity of retail and service commercial uses in an area approved for such
uses by a plan in accordance with the County's plan hierarchy. Such areas are typically located
in highly accessible locations and display a high standard of appearance.
111.2
PERMITTED USES
111.3
DISCRETIONARY USES
Accessory Building and Accessory Use
Automotive and Minor Recreation Vehicle Sales /
Rentals
Automotive Gas Bar
Automotive Repair - Minor
Automotive Service Station
Automotive Wash - Minor
Casino
Commercial Recreation Facility - Indoor
Crematorium
Electric Vehicle Charging Station
Financial Institution
Food and Beverage Service Facility
Funeral Home
Government Service
Hotel
Lease Bay Building/Commercial Retail Unit
Motel
Office
Personal Service Facility
Public Utility
Retail Store - Major
Retail Store - Minor
Signs
Solar Energy Devices
Cannabis Retail Sales
Data Processing Center
Day Care Facility (2024/26.11)
Manufacturing, Processing or Assembly Facility
clean industry only, no outdoor storage, with a
retail outlet
Recycle Depot
Veterinary Clinic
Warehousing and Storage - limited to self storage
Warehouse Sales
21-2
SITE REGULATIONS
111.4
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Lot Width (minimum)
30 m (100 ft)
Maximum Floor Space Ratio
two times the site area
Front Yard (minimum)
30 m (100 ft) from a Provincial Highway
10 m (33 ft) from a Provincial Highway with service road
10 m (33 ft) from a gravel County Road
7.0 m (23 ft) from a street or paved County Road
Rear Yard (minimum)
7.5 m (25 ft) except 10 m (33 ft) where abutting a residential
district. The required yard shall be increased by 1.0 m (3 ft) in
depth for each storey above the first storey.
Side Yard (minimum)
3.0 m (10 ft) except 7.5 m (25 ft) where abutting a residential
district. The required yard shall be increased by 1.0 m in depth for
each storey above the first storey.
Building Height (maximum)
12 m (40 ft)
ADDITIONAL REGULATIONS
111.5
Development shall be designed to ensure the privacy of adjacent residential development.
22-1
PART 22
HIGHWAY COMMERCIAL DISTRICT (C-3)
PURPOSE
112.1
To provide for a diversity of commercial, recreational and tourist type uses for the public
travelling along highways.
112.2
PERMITTED USES
112.3
DISCRETIONARY USES
Accessory Building and Accessory Use
Automotive and Minor Recreation Vehicle Sales /
Rentals
Automotive Gas Bar
Automotive Repair - Minor
Automotive Service Station
Electric Vehicle Charging Station
Financial Institution
Food and Beverage Service Facility
Government Service
Hotel
Lease Bay Building/Commercial Retail Unit
Motel
Office
Personal Services Facility
Public Utility
Retail Store - Minor
Retail Store - Major
Signs
Solar Energy Devices
Automotive Wash - Major
Cannabis Retail Sales
Casino
Commercial Recreation Facility - Indoor
Data Processing Centre
Warehousing and Storage - limited to self-storage
Recreational Vehicle Park
Truck and Manufactured Homes Sales / Rentals
22-2
SITE REGULATIONS
112.4
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Lot Width (minimum)
60 m (200 ft)
Maximum Floor Space Ratio
2.0 (two times the site area)
Front Yard (minimum)
30 m (100 ft) from a Provincial Highway
18 m (58 ft) from any other roadway
Rear Yard (minimum)
7.5 m (25 ft), except 10 m (33 ft) where abutting a residential
district. The required yard shall be increased by 1.0 m (3 ft) in
depth for each storey above the first storey.
Side Yard (minimum)
3.0 m (10 ft), except 5.0 m (16 ft) where abutting a residential
district. The required yard shall be increased by 1.0 m (3 ft) in
depth for each storey above the first storey.
Building Height (maximum)
13 (40 ft).
23-1
PART 23
BUSINESS SERVICE COMMERCIAL DISTRICT (C-4)
PURPOSE
113.1
To provide for low intensity businesses and service commercial uses in a planned business
centre or office park that is located in a highly visible and accessible location, and displays a
high standard of appearance.
113.2 PERMITTED USES
113.3 DISCRETIONARY USES
Accessory Building and Accessory Use
Automotive Gas Bar
Automotive Service Station
Automotive Wash - Minor
Commercial Recreation Facility - Indoor
Community Facility
Crematorium
Electric Vehicle Charging Station
Financial Institution
Food and Beverage Service Facility
Funeral Home
Government Service
Hotel
Lease Bay Building/Commercial Retail Unit
Motel
Office
Personal Service Facility
Public Utility
Retail Store - Minor
Signs
Social Care Facility
Solar Energy Devices
Auction Mart - No livestock
Data Processing Centre
Day Care Facility (2024/26.11)
Industrial / Commercial Training Facility
Recycle Depot
Warehousing and Storage - limited to a
warehouse with an office/retail component, no
outdoor storage
SITE REGULATIONS
113.4
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Lot Width(minimum)
30 m (200 ft)
Maximum Floor Space Ratio
2.0 (two times the site area)
Front Yard(minimum)
30 m (100 ft) from a Provincial Highway
18 m (58 ft) from any other roadway
Rear Yard (minimum)
7.5 m (25 ft), except 10 m (33 ft) where abutting a residential
district. The required yard shall be increased by 1.0 m (3 ft) in
depth for each storey above the first storey.
Side Yard (minimum)
6.0 m (20 ft), except 9.0 m (30 ft) where abutting a residential
district. The required yard shall be increased by 1.0 m (3 ft) in
depth for each storey above the first storey.
Building Height (Maximum)
12 m (40 ft).
Site Coverage (Maximum)
45%
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24-1
PART 24
COMMERCIAL RECREATION DISTRICT (C-5)
PURPOSE
114.1
To provide for a range of commercial recreation and tourism businesses, accommodation and
related facilities
114.2 PERMITTED USES
114.3
DISCRETIONARY USES
Accessory Building and Accessory Use
Campground Minor
Commercial Recreation Facility - Indoor
Commercial Recreation Facility - Outdoor
Food and Beverage Service Facility
Golf Course
Public Utility
Recreational Vehicle Park
Retail Store - Minor
Signs
Solar Energy Devices
Apartment
Campground Major
Duplex
Extensive Recreation Facility
Intensive Recreation Facility
Multi-attached Dwelling
Single Detached Dwelling
SITE REGULATIONS
114.4
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Lot Area (Minimum)
0.8 ha (2.0 ac)
Lot Width (Minimum)
30 m (100 ft)
Maximum Floor Space Ratio
1.0 (one times the site area)
Front Yard (minimum)
46 m (150 ft) from a Provincial Highway
46 m (150 ft) from a gravel County Road
20 m (66 ft) from a paved County Road
7.0 m (23 ft) from an internal subdivision road
Rear Yard (minimum)
7.5 m (25 ft), except 10 m (33 ft) where abutting a residential
district. The required yard shall be increased by 1.0 m (3 ft) in
depth for each storey above the first storey.
Side Yard (minimum)
3.0 m (10 ft), except 6.0 m (20 ft) where abutting a residential
district. The required yard shall be increased by 1.0 m (3 ft) in
depth for each storey above the first storey.
Building Height (Maximum)
12 m (40 ft).
Site Coverage (Maximum)
24-2
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25-1
PART 25
NEIGHBOURHOOD COMMERCIAL (C-6)
PURPOSE
115.1
To provide for retail and service commercial uses which service the daily needs of residents
living in the surrounding neighbourhood in a high quality, aesthetically pleasing pedestrian
oriented environment.
115.2
PERMITTED USES
115.3
DISCRETIONARY USES
Automotive Gas Bar
Electric Vehicle Charging Station
Financial Institution
Food and Beverage Service Facility, for less than
100 occupants and 120 m2 of public space
Lease Bay Building/Commercial Retail Unit
Personal Service Facility
Retail Store - Minor
Public Utility
Signs
Solar Energy Devices
Accessory Buildings and Uses
Commercial Recreation Facility - Indoor
Day Care Facility (2024/26.11)
Emergency Service
Government Service
Office
Private Club
Veterinary Clinic
SITE REGULATIONS
115.4
The following regulations shall apply to every development in this district:
Maximum Floor Space Ratio
2.0 (two times the site area)
Front Yard (minimum)
6.0 m
Rear Yard (minimum)
6.0 m (20 ft) where abutting a residential district.
Side Yard (minimum)
6.0 m (20 ft) where abutting a residential district.
Building Height (maximum)
7.5 m or 2 storeys
Lot Width (minimum)
30.0 m
Lot Width (maximum)
Not applicable
Site Coverage (maximum)
50%
ADDITIONAL REGULATIONS
115.5
Parts 4, 7, 8 and 9 shall apply to every development in this district.
115.6
No drive-through developments shall be permitted.
115.7
Landscaping is required in accordance with Section 54 or at the discretion of the Development
Authority.
115.8
Hard surface paving, shade trees, benches, planters, and protective overhangs may be deemed
acceptable forms of landscaping at the discretion of the Development Authority.
115.9
Individual commercial units within multi-unit buildings shall not exceed 24 m at street level.
115.10
Pedestrian linkages to neighbouring parcels shall be constructed at the time of development.
25-2
115.11
A minimum of 30% of the ground floor building façade shall be transparent/see-through or
provide another acceptable visual amenity to the exterior on sides that front onto the street.
Alternative visual amenities must be approved by the development authority.
115.12
No outdoor eating or drinking areas shall be located within 15 m of an adjacent residential
property.
115.13
Awning and canopies shall be encouraged in order to provide low maintenance weather
protection along the street front.
115.14
Buildings which front onto more than one road, shall incorporate design elements that will
enhance the appearance of all façades of the building and shall have equal high quality design
elements on all sides. On corner properties, architectural corner features shall be required.
115.15
Horizontal stretches of uninterrupted façade shall be limited to 12 m in length. Façades may be
articulated utilizing variation in materials, colours and/or glass.
115.16
No blank walls shall be permitted. All walls shall be articulated by materials, colour, or structure
to the satisfaction of the Development Authority.
115.17
Development shall be designed to ensure the privacy of all adjacent residential development.
115.18
All on-site surface parking lots and exterior pedestrian walkways must be illuminated.
115.19
Outdoor storage is prohibited.
115.20
All loading service and garbage collection shall be located to the rear and/or sides of the
principal building and shall be screened from view from any public roadway other than a lane,
and from adjacent sites by a wall, landscaping materials, fences, or a combination of these
features to the satisfaction of the development officer.
115.21
All rooftop mechanical systems and other equipment shall be screened from view of pedestrians
and vehicular traffic.
25-3
115.22
Should rooftop mechanical systems be located lower than adjacent residential units, the
mechanical systems should be screened from the view of residential units.
115.23
Noise study may be required through the development application review process where sound
generated by roof top equipment may have an adverse effect upon noise sensitive land uses,
including adjacent residential uses and other outdoor amenity areas.
25-4
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26-1
PART 26
MIXED RESIDENTIAL - COMMERCIAL (C-7)
PURPOSE
116.1
To provide for a safe, comfortable, well-designed and attractive place for residents and visitors
that provides the opportunity for people to live, work, shop, visit and interact within a relatively
compact area.
116.2
PERMITTED USES
116.3
DISCRETIONARY USES
Apartment, second storey and above
Electric Vehicle Charging Station
Financial Institution
Food and Beverage Service Facility, for less than
100 occupants and 120 m2 of public space
Government Service
Lease Bay Building/Commercial Retail Unit
Live/Work Units, second storey and above
Multi-attached dwelling, second story and above
Office
Personal Service Facility
Public Utility
Retail Store - Minor
Signs
Social Care Facility
Solar Energy Devices
Accessory Buildings and Uses
Community Facility
Commercial Recreation Facility - Indoor
Hotel, for less than 30 rooms.
Private Club
Day Care Facility
SITE REGULATIONS
116.4
The following regulations shall apply to every development in this district:
Maximum Floor Space Ratio
Buildings 4 stories and under
2.0 times the site area for commercial buildings
3.0 times the site area for mixed use buildings
(Refer to Notes 1 &2)
Front Yard (minimum)
1 m for street oriented Commercial and Mixed Use buildings
Rear Yard (minimum)
5 m
Side Yard (minimum)
0 m
4 m for one unobstructed side yard where no alternate rear access
is provided
Building Height (minimum)
6 m (20 ft) with a minimum 2 storeys
Building Height (maximum)
12 m (40 ft) to a maximum of 4 storeys (Refer to Note 1)
Lot Size (minimum)
140 m2
Notes:
1.
The Development Authority may consider increased height under certain circumstances in accordance
with the Red Deer County and City of Red Deer Intermunicipal Development Plan.
2.
The floor area ratio for buildings over 4 stories shall be determined by the Development Authority.
26-2
ADDITIONAL REGULATIONS
116.5
Parts 4, 7, 8 and 9 shall apply to every development in this district.
116.6
Parking and Loading Facilities are required in accordance with Part 8.
116.7
In addition to Part 8, all parking lots shall be located at the rear of the property, behind the
principal building.
116.8
No drive-through developments shall be permitted.
116.9
Direct vehicular access to individual building/sites from Lake Street and Liberty Avenue is
strongly discouraged. Access points to parking lots that serve buildings/sites along Lake Street
and Liberty Avenue, however, will be allowed and will be determined by the Development
Authority during the development approval process.
116.10
Landscaping is required in accordance with Section 54 or at the discretion of the Development
Authority.
116.11
Hard surface paving, shade trees, benches, planters, and protective overhangs may be deemed
acceptable forms of landscaping at the discretion of the Development Authority.
116.12
Where strategic building articulation creates inset front yard areas these areas shall be
developed for pedestrian or patio usage. Additional landscaping may be required at the
discretion of the Development Authority.
116.13
New developments shall establish visual continuity along the street through the use of
complementary and creative design features.
116.14
Individual commercial units within multi-unit buildings shall not exceed 24 m at street level.
116.15
Pedestrian linkages to adjacent properties and parking located at the rear of buildings shall be
encouraged in appropriate locations.
116.16
Pedestrian linkages shall be constructed at the time of development.
116.17
Pedestrian walkways / linkages shall be provided to the rear and/or side of the buildings so that
buildings can be set close to the street and emphasize pedestrian orientation. Walkways shall
be designed in consideration of Crime Prevention Through Environmental Design (CPTED)
principles and techniques.
116.18
The minimum permitted width of pedestrian walkways shall be 3.0 m.
116.19
The maximum permitted width of pedestrian walkways shall be 5.0 m.
26-3
116.20
Creative design is encouraged to accommodate pedestrian walkways/linkages between
buildings as active, pedestrian-oriented street frontages. Vibrant, interesting uses such as retail,
restaurants and cafes are encouraged and bright, unique, creative shop fronts and signage are
encouraged.
116.21
A minimum of 30% of the ground floor building façade shall be transparent/see-through or
provide another acceptable visual amenity to the exterior on sides that front onto the street.
Alternative visual amenities must be approved by the development authority. The use of
reflective glazing and window covering is discouraged for ground floor commercial uses.
116.22
Awning and canopies shall be encouraged in order to provide low maintenance weather
protection along the street front.
116.23
116.23 Encroachments by weather protection elements, such as canopies over sidewalks, may
be permitted.
116.24
The building height at street edge shall be a minimum of two storeys and a maximum of three
storeys to create well-defined street edges and pedestrian enclosure. Four storey and higher
developments shall be stepped back from the street edge to reduce mass of buildings. When
higher than three storeys, a front (1.5 to 3 m) and side yard (minimum 3 m) building stepback
should be introduced to maintain access to light and support a pedestrian scale. The
determination of the stepback location should be based on context, adjacent building
relationships, and building proportion.
26-4
116.25
Buildings which front onto more than one road, shall incorporate design elements that will
enhance the appearance of all façades of the building and shall have equal high quality design
elements on all sides. On corner properties, architectural corner features shall be required.
116.26
Horizontal stretches of uninterrupted façade shall be limited to 12 m in length. Façades may be
articulated utilizing variation in materials, colours and/or glass.
116.27
No blank walls shall be permitted. All walls shall be articulated by materials, colour, or structure
to the satisfaction of the Development Authority.
116.28
Development shall be designed to ensure the privacy of all adjacent residential development.
116.29
All on-site surface parking lots and exterior pedestrian walkways must be illuminated.
116.30
Outdoor storage is prohibited.
116.31
All loading service and garbage collection shall be located to the rear and/or sides of the
principal building and shall be screened from view from any public roadway other than a lane,
and from adjacent sites by a wall, landscaping materials, fences, or a combination of these
features to the satisfaction of the development officer.
116.32
All rooftop mechanical systems and other equipment shall be screened from view of pedestrians
and vehicular traffic.
26-5
116.33
Should rooftop mechanical systems be located lower than adjacent residential units, the
mechanical systems should be screened from the view of residential units.
116.34
Noise study may be required through the development application review process where sound
generated by roof top equipment may have an adverse effect upon noise sensitive land uses,
including adjacent residential uses and other outdoor amenity areas.
26-6
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27-1
PART 27
COMMERCIAL CORE (C-8)
PURPOSE
117.1
To provide for an attractive, vibrant community focal point that includes a mix of commercial and
residential land uses as well as high quality public and private spaces.
117.2
PERMITTED USES
117.3
DISCRETIONARY USES
Financial Institution
Food and Beverage Service Facility, for less than
100 occupants and 120 m2 of public space
Energy Vehicle Charging Station
Government Service
Lease Bay Building/Commercial Retail Unit
Multi-attached dwelling, second story and above
Office
Personal Service Facility
Public Utility
Retail Store - Minor
Signs
Social Care Facility
Solar Energy Devices
Above Ground Parkade
Accessory Buildings and Uses
Apartment, second storey and above
Community Facility
Commercial Recreation Facility - Indoor
Food and Beverage Service Facility, for greater
than 100 occupants and 120 m2 of public space
Hotel, for less than 30 rooms.
Live/Work Units, second storey and above
Private Club
Day Care Facility
Cannabis Retail Sales
SITE REGULATIONS
117.4
The following regulations shall apply to every development in this district:
Maximum Floor Space Ratio
Buildings 4 stories and under
2.0 times the site area for commercial buildings
3.0 times the site area for mixed use buildings
(Refer to Note 1 &2)
Front Yard
Fronting Internal Roads
0 m (Refer to Notes 3 & 4 )
Fronting Collector Roads
6 m (Refer to Note 5)
Rear Yard
Fronting Internal Roads
0 m (Refer to Note 3 & 4)
Fronting Collector Roads
6 m (Refer to Note 5)
Side Yard
Fronting Internal Roads
0 m (Refer to Note 3 & 4)
Fronting Collector Roads
6 m (Refer to Note 5)
Building Height (maximum)
12 m (40 ft) to a maximum of 4 storeys (Refer to Notes 1 & 2)
Lot Size (minimum)
140 m2
Lot Size (maximum)
Not applicable
NOTES:
1.
The Development Authority may consider increased height under certain circumstances in accordance
with the Red Deer County and City of Red Deer Intermunicipal Development Plan.
2.
The floor area ratio for buildings over 4 stories shall be determined by the Development Authority.
3.
Street fronting building facades on internal roads shall be located at the minimum setback line.
27-2
4.
Setbacks to accommodate patio spaces may be allowed at the discretion of the development authority
as per the regulations.
5.
Setback must be consistent along the street edge for the duration of the block.
ADDITIONAL REGULATIONS
117.5
Parts 4 and 7 shall apply to every development in this district.
117.6
Parking and Loading Facilities are required in accordance with Part 8.
117.7
In addition to Part 8, all parking lots shall be located at the rear of the property, behind the
principal building. Limited visitor parking and short term parking shall be permitted on the
internal roads at discretion of the development authority as part of the Comprehensive Site
Design.
117.8
No drive-through developments shall be permitted.
117.9
There shall be no direct vehicular access to individual building/sites from Lake Street and
Liberty Avenue. All internal development shall be accessed from internal roads.
117.10
Above ground parkades shall be:
a)
Located at the rear of buildings as part of the Comprehensive Site Plan.
b)
A maximum of 4 stories tall.
c)
Should above ground parkades be located adjacent to residential units, the vehicles
should be screened from the view of residential units.
d)
Landscaping shall be done to the satisfaction of the Development Authority.
e)
Designed in accordance with the policies outlined within this section and to the
satisfaction of the Development Authority.
117.11
Signs shall be in accordance with Part 9.
117.12
Landmarks/site entrance features and signage are encouraged at the discretion of the
Development Authority.
117.13
Landscaping is required in accordance with Section 54 or at the discretion of the Development
Authority.
117.14
Hard surface paving, shade trees, benches, planters, and protective overhangs may be deemed
acceptable forms of landscaping at the discretion of the Development Authority.
27-3
117.15
A comprehensive site design must be submitted and approved by the Development Authority
prior to subdivision approval and/or development permit approval. A comprehensive site design
shall be developed for all lands included within the Commercial Core designation and shall
include:
a)
A description of the proposed project
b)
Site plan indicating:
i)
Building placement
ii)
Building massing
iii)
Parking location and parking lot design
iv)
Vehicular access
v)
Pedestrian pathway locations
vi)
Location of utilities
c)
Stormwater management plan
d)
Landscaping plan
e)
Urban design plan / architectural treatments
f)
Lighting Plan
g)
Additional items are requested by the Development Authority
117.16
Building design shall meet the design standards contained within the comprehensive site
design.
117.17
Where strategic building articulation creates inset front yard areas these areas shall be
developed for pedestrian or patio usage. Additional landscaping may be required at the
discretion of the Development Authority.
117.18
New developments shall establish visual continuity along the street through the use of
complementary and creative design features.
117.19
Individual commercial units within multi-unit buildings shall not exceed 24 m at street level.
117.20
Pedestrian linkages to adjacent properties and parking located at the rear of buildings shall be
encouraged in appropriate locations as part of the Comprehensive Site Plan.
27-4
117.21
Pedestrian linkages shall be constructed at the time of development.
117.22
Pedestrian walkways / linkages shall be provided to the rear and/or side of the buildings so that
buildings can be set close to the street and emphasize pedestrian orientation. Walkways shall
be designed in consideration of Crime Prevention Through Environmental Design (CPTED)
principles and techniques.
117.23
The minimum permitted width of pedestrian walkways shall be 3.0 m.
117.24
The maximum permitted width of pedestrian walkways shall be 5.0 m.
117.25
Creative design is encouraged to accommodate pedestrian walkways/linkages between
buildings as active, pedestrian-oriented street frontages. Vibrant, interesting uses such as retail,
restaurants and cafes are encouraged and bright, unique, creative shop fronts and signage are
encouraged.
117.26
A minimum of 30% of the ground floor building façade shall be transparent/see-through or
provide another acceptable visual amenity to the exterior on sides that front onto the street.
Alternative visual amenities must be approved by the development authority. The use of
reflective glazing and window coverings is discouraged for ground floor commercial uses.
117.27
Awning and canopies shall be utilized to provide low maintenance weather protection along the
street front.
117.28
Encroachments by weather protection elements, such as canopies over sidewalks, may be
permitted.
27-5
117.29
The building height at street edge shall be a minimum of two storeys and a maximum of three
storeys to create well-defined street edges and pedestrian enclosure. Four storey and higher
developments shall be stepped back from the street edge to reduce mass of buildings. When
higher than three storeys, a front (1.5 to 3 m) and side yard (minimum 3 m) building stepback
should be introduced to maintain access to light and support a pedestrian scale. The
determination of the stepback location should be based on context, adjacent building
relationships, and building proportion.
117.30
Buildings which front onto more than one road, shall incorporate design elements that will
enhance the appearance of all façades of the building and shall have equal high quality design
elements on all sides. On corner properties, architectural corner features shall be required.
117.31
Horizontal stretches of uninterrupted façade shall be limited to 12 m in length. Façades may be
articulated utilizing variation in materials, colours and/or glass.
117.32
No blank walls shall be permitted. All walls shall be articulated by materials, colour, or structure
to the satisfaction of the Development Authority.
117.33
Development shall be designed to ensure the privacy of all adjacent residential development.
117.34
All on-site surface parking lots and exterior pedestrian walkways must be illuminated.
117.35
Outdoor storage is prohibited.
117.36
All loading service and garbage collection shall be located to the rear and/or sides of the
principal building and shall be screened from view from any public roadway other than a lane,
and from adjacent sites by a wall, landscaping materials, fences, or a combination of these
features to the satisfaction of the development officer.
27-6
117.37
All rooftop mechanical systems and other equipment shall be screened from view of pedestrians
and vehicular traffic.
117.38
Should rooftop mechanical systems be located lower than adjacent residential units, the
mechanical systems should be screened from the view of residential units.
117.39
Noise study may be required through the development application review process where sound
generated by roof top equipment may have an adverse effect upon noise sensitive land uses,
including adjacent residential uses and other outdoor amenity areas.
28-1
PART 28
BUSINESS SERVICE INDUSTRIAL DISTRICT (BSI)
PURPOSE
118.1
To provide for business and service industrial uses that carry out their operations such that no
nuisance is created or apparent outside an enclosed building and such that the district is
compatible with any adjacent non-industrial use.
118.2
PERMITTED USES
118.3
DISCRETIONARY USES
Accessory Building and Accessory Use
Agricultural Supply Depot
Auction Mart - No Livestock
Automotive Repair - Major
Automotive Repair - Minor
Automotive Wash - Minor
Commercial Recreation Facility - Indoor
Community Facility
Contractor Operation
Crematorium
Electric Vehicle Charging Station
Food and Beverage Service Facility
Funeral Home
Government Service
Industrial / Commercial Training Facility
Kennel
Lease Bay Building/Commercial Retail Unit
Office
Oilfield Service or Supply Business - Minor
Outdoor Storage - as an accessory use only with a
maximum area of 20% of the lot area, and
screened to the satisfaction of the Development
Officer
Public Utility
Recycle Depot
Retail Store - Minor
Signs
Solar Energy Devices
Transportation Terminal/Hub
Truck and Manufactured Homes Sales / Rentals
Veterinary Clinic
Automotive and Minor Recreation Vehicle Sales
Rentals
Automotive Wash - Major
Cannabis Production Facility
Data Processing Centre
Emergency Services
Heavy Equipment Sales / Rental
Indoor Shooting Range
Manufacturing, Processing or Assembly Facility
Moved-in Buildings
Security / Operator Residential Unit
Solar Energy Farm
Warehousing and Storage
28-2
SITE REGULATIONS
118.4
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Lot Width (minimum)
30 m (100 ft)
Lot Depth (minimum)
35 m (115 ft)
Front Yard (minimum)
30 m (100 ft) from a Provincial Highway
18 m (58 ft) from any other roadway
Rear Yard (minimum)
7.5 m (25 ft)
Side Yard (minimum)
4.0 m (13 ft) except 6 m (20 ft) when abutting flanking road
Building Height (maximum)
15 m (50 ft)
Site Coverage (maximum)
45%
ADDITIONAL REGULATIONS
118.5
No operation or activity associated with any use in this District shall be permitted which would
create a nuisance factor from noise, odour, earthborn vibrations, heat, intense light sources or
dust, outside an enclosed building.
118.6
All loading, service, garbage collection and outdoor storage areas (where permitted), shall be
located in the rear and sides of the principal building and shall be screened from view from any
public roadway other than a lane, and from adjacent sites by a wall, landscape materials,
berms, fences, or a combination of these features, to the satisfaction of the Development
Officer.
118.7
The Development Officer may require that any exposed projections outside the building, such
as mechanical and electrical equipment and cooling towers, be screened from view from any
public roadway and adjacent sites if, in the opinion of the Development Officer, such projections
are inconsistent with the character and appearance of surrounding development or intended
visual qualities of the District.
118.8
All buildings shall be constructed and finished with durable materials. The Development Officer
may require that the appearance of metal, and/or concrete block be improved with finishing
materials that maintain an appearance which is characteristic of surrounding development.
29-1
PART 29
MEDIUM INDUSTRIAL DISTRICT (MI)
PURPOSE
119.1
To provide for manufacturing, processing assembly, distribution, service and repair uses that
may carry out a portion of their operation outdoors or require outdoor storage areas. Any
nuisance associated with such uses should generally not extend beyond the boundaries of the
site.
119.2
PERMITTED USES
119.3
DISCRETIONARY USES
Accessory Building and Accessory Use
Agricultural Supply Depot
Auction Mart - No Livestock
Auction Mart - Livestock
Automotive Repair - Major
Automotive Repair - Minor
Automotive Wash - Minor
Cannabis Production Facility
Commercial Composting Facility
Contractor Operation
Crematorium
Data Processing Centre
Electric Vehicle Charging Station
Heavy Equipment Sales / Rental
Heavy Equipment Service and Repair
Industrial / Commercial Training Facility
Lease Bay Building/Commercial Retail Unit
Manufacturing, Processing or Assembly Facility
Oilfield Service or Supply Business - Major
Outdoor Storage - as an accessory use only
Public Utility
Recycle Depot
Salvage Yard
Security / Operator Residential Unit
Signs
Solar Energy Devices
Value Added Agricultural Industry
Veterinary Clinic
Warehousing and Storage
Wind Energy Conversion System, Category 1
Automotive Wash - Major
Emergency Services
Hydrovac Waste Disposal Facility
Indoor Shooting Range
Outdoor Storage as a Principal Use
29-2
SITE REGULATIONS
119.4
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Lot Width (minimum)
30 m (100 ft)
Maximum Floor Ratio
1.0 (1 times the site area)
Front Yard (minimum)
30 m (100 ft) from a Provincial Highway
18 m (58 ft) from a Provincial Highway with service road or any other
road
Rear Yard (minimum)
7.5 m (25 ft
Side Yard (minimum)
6.0 m (20 ft)
Building Height (Maximum)
18 m (60 ft)
ADDITIONAL REGULATIONS
119.5
General industrial uses shall not create any nuisance effect beyond the boundaries of the site.
119.6
Safety and environmental assessment are integral components of the industrial development
review process. Where there are potential effects associated with a proposed development, a
Development Officer may require an applicant to retain a qualified professional acceptable to
the Development Officer to provide an environmental impact assessment report of the proposed
development, in determining whether the proposed development is to be approved, approved
with conditions, or refused.
119.7
A license, permit approval or other authorization granted by a Federal or Provincial agency or
Crown-controlled organization may prevail over this bylaw or a development decision by a
development officer, and/or Subdivision and Development Appeal board pursuant to Federal or
Provincial Legislation. When an application is received by the County for a Land Use Bylaw
amendment or development permit and the application is consistent with a license, permit,
approval or other authorization granted by a Federal or Provincial agency or Crown-controlled
organization, the County must approve the application to the extent that it complies with the
license, permit, approval or other authorization granted.
119.8
A Risk Assessment shall be completed in accordance with the standards established by the
Major Industrial Accidents Council of Canada.
119.9
An Emergency Action Plan shall be submitted and approved by the Emergency Management
Department. This plan shall address ways to reduce or mitigate the risk associated with Medium
Industrial development.
30-1
PART 30
HEAVY INDUSTRIAL DISTRICT (HI)
PURPOSE
120.1
To provide for industrial uses that, because of factors such as appearance, noise, dust, odour,
risk of toxic emissions or fire and explosive hazards, are incompatible with most non-industrial
uses but may be compatible with extensive agricultural operations.
120.2
PERMITTED USES
120.3
DISCRETIONARY USES
Accessory Building and Accessory Use
Contractor Operation
Electric Vehicle Charging Station
Heavy Equipment Service and Repair
Manufacturing, Processing or Assembly Facility
Oilfield Service or Supply Business - Major
Outdoor Storage
Public Utility
Recycle Depot
Salvage Yard
Security / Operator Residential Unit
Signs
Solar Energy Devices
Value Added Agricultural Industry
Wind Energy Conversion System, Category 1
Hydrovac Waste Disposal Facility
Work Camp
SITE REGULATIONS
120.4
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Lot Width (minimum)
30 m (100 ft)
Front Yard (minimum)
30 m (100 ft) from a Provincial Highway
18 m (58 ft) from a Provincial Highway with service road or any other
road
Rear Yard (minimum)
7.5 m (25 ft
Side Yard (minimum)
6.0 m (20 ft)
A Development Officer may require a greater rear yard or side yard setback for a use that may interfere
with the safety and amenity of adjacent sites.
ADDITIONAL REGULATIONS
120.5
Safety and environmental assessment are integral components of the industrial development
review process. Where there are potential effects associated with a proposed development, a
Development Officer may require an applicant to retain a qualified professional acceptable to
the Development Officer to provide an environmental impact assessment report of the proposed
development, in determining whether the proposed development is to be approved, approved
with conditions, or refused; and
30-2
120.6
A license, permit approval or other authorization granted by a Federal or Provincial agency or
Crown-controlled organization may prevail over this bylaw or a development decision by a
development officer, and/or Subdivision and Development Appeal board pursuant to Federal or
Provincial Legislation. When an application is received by the County for a Land Use Bylaw
amendment or development permit and the application is consistent with a license, permit,
approval or other authorization granted by a Federal or Provincial agency or Crown-controlled
organization, the County must approve the application to the extent that it complies with the
license, permit, approval or other authorization granted.
120.7
A Risk Assessment shall be completed in accordance with the standards established by the
Major Industrial Accidents Council of Canada.
120.8
An Emergency Action Plan shall be submitted and approved by the Emergency Management
Department. This plan shall address ways to reduce or mitigate the risk associated with heavy
industrial development.
31-1
PART 31
BUSINESS SERVICE AIRPORT DISTRICT (BSA)
PURPOSE
121.1
To provide for continued operation of an airport and to allow development on airport property
that will provide for economic and financial viability for the airport.
121.2
PERMITTED USES
121.3
DISCRETIONARY USES
Accessory Building and Accessory Use
Airport
Commercial Recreation Facility - Outdoor
Electric Vehicle Charging Station
Food and Beverage Service Facility
Government Service
Hotel
Industrial / Commercial Training Facility
Lease Bay Building/Commercial Retail Unit
Manufacturing, Processing or Assembly Facility
Motel
Office
Outdoor Storage - as an accessory use only
Public Utility
Retail Store - Minor
Security / Operator Residential Unit
Signs
Solar Energy Devices
Solar Energy Farm
Warehousing and Storage
Automotive Service Station
Campground-Minor
Extensive Agricultural Operation
Intensive Agricultural Operation
SITE REGULATIONS
121.4
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Lot Width (minimum)
30 m (100 ft)
Lot Depth (minimum)
35 m (115 ft)
Front Yard (minimum)
30 m (100 ft) from a Provincial Highway
18 m (58 ft) from a Provincial Highway with service road or any
other road
Rear Yard (minimum)
7.5 m (25 ft
Side Yard (minimum)
4.0 m (13 ft) except 6.0 m (20 ft) where abutting a flanking road
Building Height (maximum)
15 m (50 ft).
Site Coverage (maximum)
45%
31-2
ADDITIONAL REGULATIONS
121.5
The standards and development criteria listed in an approved Airport Master plan shall apply to
every development in this district.
121.6
The Development Authority will not accept or process any development permit application
occurring at the Red Deer Regional Airport unless the application is authorized by the Red Deer
Regional Airport Authority.
32-1
PART 32
PUBLIC SERVICES DISTRICT (PS)
PURPOSE
122.1
To provide for uses and facilities used by the public including parks, recreation, education,
health, government, and other institutional facilities and services.
122.2
PERMITTED USES
122.3
DISCRETIONARY USES
Accessory Building and Accessory Use
Campground
Cemetery
Community Facility
Commercial Recreation Facility - Indoor
Commercial Recreation Facility - Outdoor
Emergency Service
Extensive Recreation
Golf Course
Government Service
Public Utility
School / College
Signs
Social Care Facility
Solar Energy Devices
Day Care Facility (2024/26.11)
Intensive Recreation
Moved-in Buildings
SITE REGULATIONS
122.4
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Lot Width (minimum)
30 m (100 ft)
Front Yard (minimum)
46 m (150 ft) from a Provincial Highway
46 m (150 ft) from a gravel County road
20 m (66 ft) from a paved County road
7.0 m (23 ft) from an internal subdivision road
Rear Yard (minimum)
7.5 m (25 ft)
Side Yard (minimum)
3.0 m (10 ft)
Building Height (maximum)
12 m (40 ft)
Site Coverage (maximum)
45%
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33-1
PART 33
PUBLIC UTILITY DISTRICT (PU)
PURPOSE
123.1
To provide for public and private utility services.
123.2
PERMITTED USES
123.3
DISCRETIONARY USES
Accessory Building and Accessory Use
Public Utility
Recycle Depot
Signs
Solar Energy Devices
Waste Management Facility
Wind Energy Conversion System, Category 1
Solar Energy Farm
Wind Energy Conversion System, Category 2
Wind Energy Conversion System, Category 3
SITE REGULATIONS
123.4
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Lot Width (minimum)
N/A
Front Yard (minimum)
46 m (150 ft) from a Provincial Highway
46 m (150 ft) from a gravel County road
20 m (66 ft) from a paved County road
7.0 m (23 ft) from an internal subdivision road
Rear Yard (minimum)
7.5 m (25 ft)
Side Yard (minimum)
6.0 m (20 ft)
Building Height (maximum)
32 m (105 ft)
Site Coverage (maximum)
45%
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34-1
PART 34
DIRECT CONTROL DISTRICT (DCD)
PURPOSE
124.1
To provide for developments that, due to their unique characteristics, innovative ideas or
because of unusual site constraints, require specific regulations unavailable in other land use
districts. This district is not intended to be used in substitution for any other land use district in
this Bylaw that could be used to achieve the same result.
DISTRICT BOUNDARIES
124.2
This district shall only apply where all the following condition are met:
a)
That the proposed development is in the opinion of Council considered appropriate for
the site, having regard to the Land Use Bylaw, the Municipal Development Plan,
applicable statutory plans and the scale and character of the proposed development in
relation to the surrounding area.
b)
that the application be initiated through a bylaw amendment procedure outlined in
Section 31 of this Bylaw; or Council may, after the public hearing on any proposed
redistricting bylaw, amend the proposed Bylaw to Direct Control District (DCD), and pass
the proposed bylaw.
REGULATIONS
124.3
In reviewing a redesignation request, the planning staff of Red Deer County will prepare a
tentative new district and accompanying schedule with respect to subdivision and development
regulations prior to the review by Council, unless Council delegates its authority to the Municipal
Planning Commission or the Development Officer.
124.4
All DCD land use redesignations and development permit applications shall be evaluated on
their merits by Council, which will establish the appropriate development standards.
124.5
Each redesignation request will be identified by DCD number after it is adopted by bylaw by
Council.
a)
A development permit shall be issued for those uses prescribed in the bylaw applying
this district to the site.
ADDITIONAL REGULATIONS FOR SPECIFIC DIRECT CONTROL DISTRICTS
124.6
A parcel may be designated into the Direct Control District without having attached thereto a set
of additional regulations or land uses. In other cases additional regulation may be attached to a
parcel or parcels within the Direct Control District.
The following is a list of such additional regulations:
a)
Land Uses and Regulations for the Benalto Direct Control District
b)
Regulations for the Gasoline Alley West & Liberty Crossing Direct Control District
34-2
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34-3
PART 34
DIRECT CONTROL DISTRICT
DCD #1
CROSSROADS GAS CO-OP LTD
PT. NE-3-36-28-4
PURPOSE
1.0
To provide for the development of a public utility service building for the Crossroads Gas Co-op
Ltd. on approximately 7.69 ha (19 ac), as identified on the attached map, specific for the
development of a storage area for equipment prior to the construction of a new building.
1.2
PERMITTED USES
1.3
DISCRETIONARY USES
Public Utility Buildings
Solar Energy Devices
SITE REGULATIONS
2.0
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Lot Area
7.69 ha (19 ac)
Front Yard (minimum)
46 m (150 ft) from a County road
Rear Yard (minimum)
44.5 m (145 ft) from a County road
Side Yard (minimum)
26 m (85 ft) from a County road
Building Height (maximum)
One storey 9 m (28 ft)
Maximum Site Coverage
45%
MINIMUM SERVICING REQUIREMENTS
3.1
For any development requiring a development permit sanitary sewage shall be provided in
compliance with the Alberta Private Sewage Systems Standard of Practice and to the
satisfaction of the Development Authority.
3.2
For any development requiring a development permit the availability and suitability of on-site
water shall be confirmed and shall be licensed pursuant to the provision of the Water Act.
3.3
For any development requiring a development permit storm water drainage shall be provided to
the satisfaction of the Development Authority.
SIGNS
4.0
For a list of permitted and discretionary signs in this District, see Table 89-1.
34-4
34-5
34-6
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34-7
PART 34
DIRECT CONTROL DISTRICT
DCD #2
HEAVY DUTY MECHANIC SHOP / SIGN
NE-26-36-3-5
PURPOSE
1.0
To provide for the development of a Heavy Duty Mechanical Shop and a Freestanding Sign in
connection with the business which operates on approximately 9.55 ha (23.59 ac) on a portion
of the NE 26-36-3-5 as identified on the attached Schedule "A". This parcel also includes a
dwelling unit.
AUTHORITY
2.0
Pursuant to the Land Use Bylaw the Development Officer shall review and approved permitted
land uses. The review, approval or refusal of discretionary land uses and the relaxation of
development regulations shall rest with the Municipal Planning Commission, except as
otherwise provided for in the Land Use Bylaw as amended from time to time.
AREA OF APPLICATION
3.0
This district shall apply to a portion of land located in the northeast portion on part of the
NE 26-36-3-5, as attached to, and forming part of this DC District #2.
USES
3.1
PERMITTED USES
3.2
DISCRETIONARY USES
Accessory Building
Heavy Equipment Service and Repair
Outdoor Storage as an accessory use only
Sign
Single Detached Dwelling
Solar Energy Devices
SITE REGULATIONS
4.0
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Front Yard Setback (minimum)
46 m (150 ft) from a County road
Rear Yard Setback (Minimum)
7.5 m (25 ft)
Side Yard
7.5 m (25 ft)
ADDITIONAL REQUIREMENTS
5.0
Outdoor storage must be screened to the satisfaction of the Development Officer.
6.0
There will be a maximum number of six (6) non-resident employees at any time.
SIGNAGE
7.0
One freestanding is permitted 2.6 sq m (27.5 sq ft) in size and 4.6 m (15 ft) in height. The sign
shall be a minimum of 3.6 m (11.8 ft) above grade and the space between the bottom of the
sign and the grade shall be unobstructed, except for such supports as the sign may require.
34-8
NE 26-36-3-W5M DESIGNATE AS DIRECT CONTROL DISTRICT NO. 2 (DCD NO. 2)
9.55 HA (23.59 AC)
SCHEDULE "A"
34-9
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34-11
PART 34
DIRECT CONTROL DISTRICT
DCD #3
SANDY COVE AT PINE LAKE
LOT 12, BLOCK 1, PLAN 1024244, NW 12-36-25-4
PURPOSE
1.0
To provide for a condominium recreational vehicle resort development and associated amenity
building on privately owned lots and will operate as condominium units in accordance with the
Condominium Property Act. The uses shall be compatible with the surrounding permanent and
seasonal residential developments and shall not have an impact on the sensitive lakeshore.
AUTHORITY
2.0
Pursuant to the Land Use Bylaw the Development Officer shall review and approve permitted
land uses. The review, approval or refusal of discretionary land uses, and the relaxation of
development regulations shall rest with the Municipal Planning Commission, except as
otherwise provided for in the Land Use Bylaw as amended from time to time.
AREA OF APPLICATION
3.0
This district shall apply to the Lot 12, Block 1, Plan 1024244 on part of the NW 12-36-25-4, as
shown on Schedules B & C, attached to, and forming part of this DCD-3 district.
USES
3.1
PERMITTED USES
3.2
DISCRETIONARY USES
Accessory Building and Accessory Use
Community Recreational Facility-Outdoor
Park Model
Private Amenity Building
Recreational Vehicle
Solar Energy Devices
Home Business - Minor
Personal Service Facility
Private Club
Retail Store - Minor
Security / Operator Residential Unit
34-12
SITE REGULATIONS
4.0
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Lot Width (minimum)
9.0 m (30 ft) for internal lots;
9.0 m (30 ft) for external lots
Lot Area
Each condominium unit a minimum of 160 m² (1,722 sq ft)
Front Yard Setback (minimum)*
3.5 m (12 ft) from Internal Subdivision (Private) Road
3.5 m (12 ft) from a paved / gravel County Road
Rear Yard Setback (Minimum)*
1.5 m (5 ft)
6.0 m (20 ft) where abutting a residential district
Side Yard*
1.5 m (5 ft)
6.0 m (20 ft) where abutting a residential district
(f) Building Height (maximum)
5.34 m (17.6 ft) for the residential component
12 m (40 ft) for the amenity, club or retail store
Front, Rear and Side Yard
Setbacks for Unit 21
Notwithstanding the regulations stipulated above, for Unit 21
(amenity building) setbacks shall be in accordance with Schedule
'B' wherein the following setbacks shall apply:
-
1.5 m side yard setback from the north boundary
-
0.9 m front yard setback from the west boundary
-
As the existing amenity building straddles the east boundary,
no rear yard setback shall apply.
4.1
Recreation vehicle(s), recreation park-model(s) and building(s), decks (excluding ground level,
shall not cover more than 65% of a condominium unit.
4.2
The maximum main floor area for any recreation vehicle or park model, including all tip outs,
push outs, pull outs, sunrooms, enclosed porches, enclosed verandas, enclosed decks, covered
decks and patios shall not exceed 874 square feet in total size. Patios and decks (uncovered)
square footage are not included in the maximum floor area calculation.
4.3
All sunrooms, enclosed porches, enclosed verandas, and enclosed decks shall be structurally
independent (i.e., not attached) to a recreation vehicle or park model and shall not exceed 264
square feet.
4.4
For the purposes of this district, decks (enclosed, covered and uncovered), porches, or
verandas shall not be considered an accessory building or an accessory use and must adhere
to the setback requirements of the principal structure.
ADDITIONAL REQUIREMENTS
5.0
Notwithstanding Section 54, Landscaping Requirements, the requirements for the Lot B, Plan
5613MC on part of the NW 12-36-25-4 shall be in accordance with Schedule B, attached to, and
forming part of this DCD-3 district.
6.0
There shall be 2 onsite parking stalls be supplied within the boundary of each unit and that
0.15 stalls / du, or 8 parking stalls, shall be provided for visitor parking with potential locations as
identified in Schedule B.
7.0
Underground water and sewer utilities shall be a maximum of 1.5 m (5 ft) in depth unless
otherwise approved by the Development Authority.
34-13
8.0
Accessory Buildings and Uses
Accessory Building and Accessory Use in this District is limited to one maximum 10 m² (110 ft²)
building and which notwithstanding any other applicable regulations in this Bylaw may be
located in the front, side, or rear yard of a lot.
a)
No accessory building shall be used as a garage.
b)
Any accessory building within this district shall be no more than 4.5 m (15 ft) in height.
No accessory building shall be erected or placed in this district within 0.61 m (2.0 ft) of
any boundary on the site.
c)
No accessory building shall be located within 0.5 m (1.64 ft) of any utility right of ways or
easements that are required within this district.
d)
No minimum distance is required between a principal building and an accessory
building. The accessory building shall not be structurally attached to a recreation vehicle
or park model.
34-14
34-15
34-16
34-17
PART 34
DIRECT CONTROL DISTRICT
DCD #4
HAMLET OF SPRINGBROOK
SECTION 13 37-28-4
PURPOSE
1.0
To provide for a range of residential, retail and business service commercial uses for the Hamlet
of Springbrook, located on Section 13-37-28-4, to accommodate a comprehensive planned
community.
AUTHORITY
2.0
Pursuant to the Land Use Bylaw the Development Officer shall review and approve permitted
land uses. The review, approval or refusal of discretionary land uses and the relaxation of
development regulations shall rest with the Municipal Planning Commission, except as
otherwise provided for in the Land Use Bylaw as amended from time to time.
AREA OF APPLICATION
3.0
This district shall apply to Section 13-37-28-4, as shown on the attached map, and forming part
of this Direct Control District #4.
3.1
Unless otherwise indicated in this Direct Control District No. 4, all other Regulations contained in
Parts Seven, Eight and Nine, shall apply to all development in this district.
3.2
The Springbrook Area Redevelopment Plan, The Springbrook Outline Plan Report
(SE 13-37-28-4) and the Harvard Park Phase 2 Outline Plan must be read in conjunction with
this Direct Control District #4.
34-18
4.0
SPRINGBROOK RESIDENTIAL LOW DENSITY)
USES
4.1
PERMITTED USES
4.2
DISCRETIONARY USES
Accessory Building and Accessory Use under 200
m² (2,150 ft²) in size
Duplex
Home Business - Minor
Public Utility
Secondary Suite
Single Detached Dwelling
Signs
Solar Energy Devices
Accessory Building and Accessory Use over
200 m² (2,150 ft²) in size
Bed And Breakfast Facility
Moved-in Building
Social Care Facility
4.3
SITE REGULATIONS
Single Detached
Dwelling and
Manufactured Home
Minimum Lot Width
Minimum Lot Area
Maximum Lot Area
a) Unserviced
25 m (82 ft)
1,800 m² (19,500 ft²)
(Private Sewage
System Standard of
Practice minimum)
3,035 m² (3/4 ac)
b) Serviced
10 m (33 ft)
370 m² (4,000 ft²)
800 m² (8,8612 ft²)
c) Sewer only
30 m (98 ft)
930 m² (10,000 ft²)
2,023 m² (1/2 ac)
d) Water only
30 m (98 ft)
1,800 m² (19,500 ft²)
3,035 m²
Duplex (half lot)
Minimum Lot Width
Minimum Lot Area
Maximum Lot Area
e) Serviced
7.5 m (25 ft)
232 m² (2,500 ft²)
400 m² (4,306 ft²)
Single Detached Dwelling and Duplex
f)
Front Yard (minimum)
30 m (100 ft) from a Provincial Highway
10 m (33 ft) from a Provincial Highway With Service Road
10 m (33 ft) from a gravel County Road
3.0 m (10 ft) from a street or paved County Road
g) Rear Yard (minimum)
7.5 m (25 ft)
h) Side Yard (minimum)
1.5 m (5 ft) without a side entrance
2.4 m (8 ft) with a side entrance
3.0 m (10 ft) if flanking a street or paved County road
10 m (33 ft) if flanking a Provincial Highway with service road or gravel
County road
10 m (33 ft) if flanking a Provincial Highway
i)
Building Height
(maximum)
Two storeys
j)
Site Coverage
(maximum)
40%
34-19
Accessory Buildings
Accessory Buildings are to be located in the rear yard
k) Rear Yard (minimum)
1.0 m (3 ft)
l) Side Yard (minimum)
1.0 m (3 ft)
m) Building Height (max.)
4.5 m (15 ft)
ADDITIONAL REQUIREMENTS
4.4
For apartment and multi-attached dwelling uses, the Springbrook Residential Medium Density
regulations shall apply.
4.5
Development shall be designed to ensure the privacy of adjacent residential development.
4.6
Mechanical equipment of roofs or elsewhere and garbage areas shall be screened to the
satisfaction of the Development Authority.
34-20
5.0
5.0
SPRINGBROOK RESIDENTIAL MEDIUM DENSITY
USES
5.1
PERMITTED USES
5.2
DISCRETIONARY USES
Accessory Building and Accessory Use
Apartment
Community Facility
Home Business - Minor
Multi-attached Dwelling
Public Utility
Signs
Solar Energy Devices
Social Care Facility
DENSITY
5.3
The density range for all residential uses shall be 35 to 75 units/ha (15 to 30 units/ac).
5.4
SITE REGULATIONS
MULTI-ATTACHED DWELLING
APARTMENT
Lot area (minimum)
156 m² (1,680 ft²) / internal unit
186 m² (2,000 ft²) / end unit
278 m² (3,000 ft²) / unit (laneless)
930 m² (10,000 ft²)
Lot width (minimum)
16.5 m (54 ft)
5.5 m (18 ft) / unit
20 m (66 ft)
Front yard (minimum)
30 m (100 ft) from a Provincial
Highway
10 m (33 ft) from a Provincial
Highway with service road
10 m (33 ft) from a gravel County
road
3.0 m (10 ft) from a street or paved
County Road
30 m (100 ft) from a Provincial
Highway
10 m (33 ft) from a Provincial
Highway with service road
10 m (33 ft) from a gravel County
road
6.0 m (20 ft) from a street or a
paved County Road
Rear yard (minimum)
7.5 m (25 ft)
7.5 m (25 ft)
Side yard (minimum)
1.8 m (6 ft) without side entrance
2.4 m (8 ft) with side entrance
0.9 m (3 ft) for each storey or partial
storey, but not less than 3.0 m
(10 ft)
Building height (maximum)
Three storeys
Three storeys
Maximum site coverage
45%
50%
ACCESSORY BUILDINGS
ACCESSORY BUILDINGS ARE TO BE LOCATED IN THE REAR YARD
Rear Yard (minimum)
1.0 m (3 ft)
Side Yard (minimum)
1.0 m (3 ft)
Building Height (max.)
4.5 m (15 ft)
34-21
6.0
SPRINGBROOK COMPREHENSIVE TOWN CENTRE
USES
6.1
PERMITTED USES
6.2
DISCRETIONARY USES
Accessory Building and Accessory Use
Apartment
Automotive Gas Bar
Automotive Repair - Minor
Commercial Recreation Facility - Indoor
Community Facility
Duplex
Financial Institution
Food and Beverage Service Facility
Funeral Home
Government Service
Hotel
Motel
Multi-attached Dwelling
Office
Personal Service Facility
Public Utility
Retail Store - Minor
Retail Store - Major
Signs
Secondary Suite
Single Detached Dwelling
Social Care Facility
Solar Energy Devices
Day Care Facility (2024/26.11)
Indoor Shooting Range
Industrial / Commercial Training Facility
Veterinary Clinic
34-22
6.3
SITE REGULATIONS
Lot Width (minimum)
30 m (100 ft)
Maximum Floor Space Ratio
Commercial: 1.0 (one times the site area)
Residential: 2.0 (two times the site area)
Total: 3.0 (three times the site area)
Front Yard (minimum)
30 m (100 ft) from a Provincial Highway
10 m (33 ft) from a Provincial Highway with service road
10 m (33 ft) from a gravel County Road
7.0 m (23 ft) from a street or paved County Road
Rear Yard (minimum)
3.0 m (10 ft) except 5.0 m (16 ft) where abutting a residential
district. The required yard shall be increased by 1.0 m in depth
for each storey above the first storey.
Side Yard (minimum)
1.5 m (5 ft) except 3.0 m (10 ft) where abutting a residential
district. The required yard shall be increased by 1.0 m in depth
for each storey above the first storey.
Building Height (maximum)
Residential: Three Storeys
Non-Residential: Two Storeys
Mixed Use: Three Storeys
ACCESSORY BUILDINGS
ACCESSORY BUILDINGS ARE TO BE LOCATED IN THE
REAR YARD
Rear Yard (minimum)
1.0 m (3 ft)
Side Yard (minimum)
1.0 m (3 ft)
Building Height (max.)
4.5 m (15 ft)
ADDITIONAL REGULATIONS
6.4
For apartment and multi-attached dwelling uses, the Springbrook Residential Medium Density
regulations shall apply.
6.5
Development shall be designed to ensure the privacy of adjacent residential development.
6.6
Mechanical equipment of roofs or elsewhere and garbage areas shall be screened to the satisfaction of
the Development Authority.
6.7
Signage shall be in keeping with the development and shall not include freestanding signs that are
backlit nor exceed 2.4 m (8 ft) in height.
34-23
7.0
SPRINGBROOK HIGHWAY COMMERCIAL DISTRICT
USES
7.1
PERMITTED USES
7.2
DISCRETIONARY USES
Accessory Building and Accessory Use
Automotive and Minor Recreation Vehicle Sales /
Rentals
Automotive Gas Bar
Automotive Repair - Minor
Automotive Service Station
Financial Institution
Food and Beverage Service Facility
Government Service
Hotel
Motel
Public Utility
Retail Store - Minor
Retail Store - Major
Signs
Solar Energy Devices
Casino
Commercial Recreation Facility - Indoor
Warehousing and Storage - limited to self-storage
Recreational Vehicle Park
Truck and Manufactured Homes Sales / Rentals
SITE REGULATIONS
7.3
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Lot Width (minimum)
60 m (200 ft)
Maximum Floor Space Ratio
2.0 (two times the site area)
Front Yard (minimum)
30 m (100 ft) from a Provincial Highway
18 m (58 ft) from any other roadway
Rear Yard (minimum)
7.5 m (25 ft) except 10 m (33 ft) where abutting a residential district.
The required yard shall be increased by 1.0 m (3 ft) in depth for each
storey above the first storey
Side Yard (minimum)
3.0 m (10 ft) except 5.0 m (16 ft) where abutting a residential district.
The required yard shall be increased by 1.0 m (3 ft) in depth for each
storey above the first storey
Building Height (maximum)
12 m (40 ft)
34-24
8.
SPRINGBROOK COMMERCIAL RECREATION
USES
(This District accommodates the existing golf course as previously approved with the following uses.)
8.1
PERMITTED USES
8.2
DISCRETIONARY USES
Accessory Building and Accessory Use
Golf Course
Public Utility
Security / Operator Residential Unit
Signs (Two Freestanding Signs)
Solar Energy Devices
8.3
SITE REGULATIONS
Front Yard
108 m (354 ft) from a paved County Road
29 m (95 ft) adjacent Provincial Highway
Rear Yard
7.5 m (25 ft)
Side Yard
4.27 m (40 ft)
ADDITIONAL REQUIREMENTS
8.4
Two freestanding signs permitted, one freestanding sign per lot frontage.
34-25
8.0
SPRINGBROOK BUSINESS SERVICE AIRPORT
USES
8.1
PERMITTED USES
8.2
DISCRETIONARY USES
Accessory Building and Accessory Use
Airport
Food and Beverage Service Facility
Government Service
Hotel
Industrial / Commercial Training Facility
Motel
Office
Outdoor
Public Utility
Security / Operator Residential Unit
Signs
Warehousing and Storage
Solar Energy Devices
Solar Energy Farm
Contractor Operation
Manufacturing, Processing or Assembly Facility
Moved In Building
Outdoor Storage as an accessory use only
8.3
SITE REGULATIONS
Lot Width (minimum)
30 m (100 ft)
Front Yard (minimum)
30 m (100 ft) from a Provincial Highway
18 m (58 ft) from a Provincial Highway with service road or any
other road
Rear Yard (minimum)
7.5 m (25 ft)
Side Yard (minimum)
4.0 m (13 ft) except 6.0 m (20 ft) where abutting a flanking road
Building Height (maximum)
Two Storeys
ADDITIONAL REQUIREMENTS
8.4
The Development Authority will not accept or process any development permit application
occurring at the Red Deer Regional Airport unless the application is authorized by the Red Deer
Regional Airport Authority.
34-26
PART 34
DIRECT CONTROL DISTRICT #4
9.0
SPRINGBROOK PUBLIC SERVICES
USES
9.1
PERMITTED USES
9.2
DISCRETIONARY USES
Accessory Building and Accessory Use
Emergency Service
Extensive Recreation
Public Utility
Signs
Solar Energy Devices
Intensive Recreation
9.3
SITE REGULATIONS
Lot Width (minimum)
30 m (100 ft)
Front Yard (minimum)
46 m (150 ft) from a Provincial Highway
46 m (150 ft) from a gravel County road
20 m (66 ft) from a paved County road
7.0 m (23 ft) from a internal subdivision road
Rear Yard (minimum)
7.5 m (25 ft)
Side Yard (minimum)
3.0 m (10 ft)
Building Height (maximum)
Two Storeys
34-27
PART 34
DIRECT CONTROL DISTRICT #4
HAMLET OF SPRINGBROOK MAP
34-28
34-29
34-30
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34-31
PART 34
DIRECT CONTROL DISTRICT
DCD #5
RED DEER RIVER RETREAT ASSOCIATION & WEST DIXON WILDERNESS ASSOCIATION
S ½ 26-34-4-5
PURPOSE
1.0
AUTHORITY
2.0
Pursuant to the Land Use Bylaw the Development Officer shall review and approve permitted
land uses. The review, approval or refusal of discretionary land uses and the relaxation of
development regulations shall rest with the Municipal Planning Commission, except as
otherwise provided for in the Land Use Bylaw as amended from time to time.
AREA OF APPLICATION
3.0
This district shall apply to the S ½ 26-34-4-5 as shown on Schedule A, attached to, and forming
part of this DC District #5.
USES
3.1
PERMITTED USES
3.2
DISCRETIONARY USES
Accessory Buildings
Recreation Vehicles
Roof Covers
Decks, Porches, Verandas
(enclosed/unenclosed)
Solar Energy Devices
ADDITIONAL REQUIREMENTS
4.1
There shall be no outdoor pit privies or disposal of any sewage or waste on the property (sealed
pump out tanks are permitted).
4.2
There shall be no storage or disposal of garbage or other solid waste on the property and any
such garbage or solid waste shall be removed from the direct control lands.
4.3
There shall be no extensive land clearing or tree cutting.
4.4
The owners of the lands (The Association) in the Direct Control District #5 shall provide
emergency firefighting apparatus to the satisfaction of Red Deer County.
4.5
There shall be no more than three (3) access points from any County road in respect to the
South East 26-34-4-W5.
4.6
There shall be no more than two (2) access points from any County road in respect to the South
West 26-34-4-W5.
4.7
There shall be no permanent structures erected or brought on to the Direct Control lands and
shelters for habitation shall only consist of recreation vehicles and associated amenity buildings
as hereafter defined.
a)
The maximum lot coverage for all recreation vehicles, accessory buildings and roof
34-32
covers over recreation vehicles, decks, storage areas, porches or verandas (enclosed or
unenclosed) shall not exceed 185.8 m2 (2000 ft2) per assigned unit lot as per attached
Schedule B.
b)
There shall be one principal recreation vehicle per assigned unit lot as per attached
Schedule B.
c)
More than one recreation vehicle may be allowed on a unit lot provided that the addition
of any secondary recreation vehicles does not exceed the maximum allowable lot
coverage.
4.8
Accessory Buildings in this District shall not exceed 33.4 m² (360 ft²) of floor space.
a)
More than one accessory building may be allowed on a unit lot provided that the addition
of any secondary accessory buildings does not exceed the maximum allowable lot
coverage.
4.9
No structure or accessory building shall be located on the Direct Control lands without prior
Direct Control Permit first being obtained from the County Development Officer.
4.10
A Recreation Vehicle shall mean and include:
A portable structure designed and built to be carried on a vehicle or to be transported on its own
wheels and which is intended to provide temporary living accommodation for travel and
recreation purposes and which does not need any special license or permit to travel on the
public road system than a usual trailer or vehicle license, and without limited the generality of
the foregoing, includes such vehicles as a motor home, a camper, travel trailer or a tent trailer
but does not include a manufactured home or any vehicle or trailer over 2.6m (8'6) in width.
4.11
All roof covers over recreation vehicles, decks, storage areas, porches or verandas (enclosed or
unenclosed) shall be structurally independent (i.e., not attached) to a recreation vehicle.
a)
The maximum area for roof covers shall not exceed 92 m2 (990 ft2) in total size.
b)
The maximum enclosed area of roof covers over recreation vehicles, decks, porches or
verandas shall not exceed 45 m2 (484 ft2) in total size.
4.12
For the purposes of this district, roof covers over recreation vehicles, decks, storage areas,
porches or verandas (enclosed or unenclosed) shall not be considered an accessory building.
SITE DESIGN
5.0
For the purpose of this District, it is recognized that unit lots in the Direct Control District #5 are
not legal lots for the purpose of subdivision pursuant to the Municipal Government Act, rather,
unit lots are associated with a registered ownership title and are intended to indicate the location
of recreation vehicles, accessory buildings and roof covers over recreation vehicles, decks,
storage areas, porches or verandas (enclosed or unenclosed) as indicated on the attached site
plan (Schedule B), attached to, and forming part of this District #5.
5.1
The maximum density shall not exceed fifty (50) registered ownership titles and associated unit
lots on the South East 26-34-4-5 and fifty (50) on the South West 26-34-4-5.
5.2
The maximum site coverage for all improvements shall not exceed 1.58% of the entire parcel or
185.8 m2 (2,000 ft2) per assigned unit lot as indicated on Schedule B.
5.3
Site coverage includes all recreation vehicles, accessory buildings, structures and decks which
are located at or higher than 0.91 m (3 ft) above grade, but does not include steps, eaves, or
34-33
similar projections permitted in this Bylaw, driveways, aisles, parking lots, terraces, patios or
uncovered decks where these are less than 0.91 m (3 ft) above grade.
5.4
A verified site plan reviewed and approved by The Association must be submitted to the County
Development Officer with every permit application.
SITE LIMITATIONS
6.0
Except for an accessory building, no development shall be permitted in the 1:100-year flood
plain of a water body or water course or otherwise prone to flooding or subsidence, unless the
applicant demonstrates to the satisfaction of the Development Authority that preventative
engineering and construction measures can be used to make the site suitable.
6.1
Subject to 6.1, if the Development Authority is satisfied that the applicant can and will take
preventative engineering and construction measures to make the site suitable for the specific
development, the Development Authority may require the applicant for the specific development
permit to enter a save harmless agreement with the County, relieving the County of
responsibility for any damage or loss caused through flooding or subsidence.
34-34
SCHEDULE A - AREA OF APPLICATION
34-35
SCHEDULE B - SITE DESIGN (SOUTH EAST 26-34-4-5)
34-36
SCHEDULE B - SITE DESIGN (SOUTH WEST 26-34-4-5)
34-37
34-38
34-39
PART 34
DIRECT CONTROL DISTRICT
DCD #6
DICKSON COVE
LOT 1, BLOCK 1, PLAN 8621418 NW 24-35-3-5
PURPOSE
1.0
To provide for a private recreational resort area and associated amenity building. The uses
shall be compatible with the surrounding residential resort developments and shall not have an
impact on the sensitive lakeshore.
AUTHORITY
2.0
Pursuant to the Land Use Bylaw the Development Officer shall review and approve permitted
land uses. The review, approval or refusal of discretionary land uses and the relaxation of
development regulations shall rest with the Municipal Planning Commission, except as
otherwise provided for in the Land Use Bylaw as amended from time to time.
AREA OF APPLICATION
3.0
This district shall apply to the Lot 1, Block 1, Plan 8621418 on part of the NW 24-35-3-5 as
shown on Schedules A, attached to, and forming part of this DC District #6
USES
3.1
PERMITTED USES
3.2
DISCRETIONARY USES
Accessory Building
Park Model
Recreation Vehicle
Solar Energy Devices
Cottage
Community Facility
ADDITIONAL REQUIREMENTS
4.0
1.
There shall be no outdoor pit privies or disposal of any sewage or waste on the property
(sealed concrete pump out tanks are permitted);
2.
There shall be no storage or disposal of garbage or other solid waste on the property
and any such garbage or solid waste shall be removed from the direct control lands;
3.
There shall be no extensive land clearing or tree cutting;
4.
There shall be no more than one (1) access points from any County road in respect to
the Lot 1, Block 1, Plan 8621418;
5.
No recreational Vehicle, Park Model, Cottage, Accessory Building or Accessory Use
shall be located on the Direct Control lands without a Development Permit being first
obtained from the County Development Officer;
6.
The foundation and drainage system for all proposed permanent developments shall be
designed and constructed under the supervision of a qualified geo-technical engineer,
and proof of the same shall be provided to the satisfaction of the Development Authority;
7.
The maximum building height for any structure is 7.92 m (26.0 ft)
8.
All development shall be setback a minimum of 4.0 m (13 Ft) from property line;
34-40
9.
Sleeping cabins within an accessory building or independent structure shall be designed
and built for temporary human accommodation and shall not contain heating, culinary or
sanitary facilities;
10.
All decks (enclosed, covered and uncovered), porches, verandas, and accessory
structures shall be structurally independent to a recreation vehicle or park model.
SITE DESIGN
5.0
For the purpose of this District, it is recognized that unit lots in the Dickson Cove Direct Control
District #6 are not legal lots for the purpose of subdivision, pursuant to the Municipal
Government Act. Rather, unit lots are intended to indicate the proposed location and yards of
Recreation Vehicles, Park Models, or Cottages, including accessory buildings, additions and
unattached structures, and are as set out on the site plan as shown on Schedule B, attached to,
and forming part of this District #6.
1.
A unit lot may be used only for the siting of one principal building, being either a
Recreation Vehicle, Park Model or Cottage;
2.
The maximum density shall not exceed twenty (20) unit lots;
3.
Principal buildings, including any attached and structurally independent accessory
structures, shall be separated from each other by a minimum of 4.87 m (16 ft.);
4.
The maximum unit lot coverage for all improvements, including temporary developments
and accessory buildings, shall not exceed 74 m² (800 ft²).
5.
The Community Facility and its accessory buildings and/or uses shall be located as
indicated on the site plan, as shown on Schedule B.
6.
No minimum separation distance is required between the principal building and
accessory building;
34-41
34-42
34-43
DCD #6-SCHEDULE 'B' - SITE DESIGN
34-44
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34-45
PART 34
DIRECT CONTROL DISTRICT
DCD #7
HAMLET OF BENALTO
NW AND NE SECTION 30-38-2-5 AND SECTION 31-38-2-5
PURPOSE
1.0
To provide for a range of development and use of land and buildings within the boundaries of
Benalto Direct Control District, particularly the N½ 30-38-2-5 and the whole of
Section 31-38-2-5.
AUTHORITY
2.0
Pursuant to the Land Use Bylaw the Development Officer shall review and approve permitted
land uses. The review, approval or refusal of discretionary land uses and the relaxation of
development regulations shall rest with the Municipal Planning Commission, except as
otherwise provided for in the Land Use Bylaw.
2.1
Council may, from time to time as may be required and to their sole discretion, vary, delete
and/or add to the land uses described therein, in accordance with the vision of the Benalto Area
Redevelopment Plan.
2.2
Except as otherwise stated in this document, where regulations in this document vary from the
Benalto Area Redevelopment Plan, Council shall determine which regulation applies.
AREA OF APPLICATION
3.0
This district shall apply to the N½ 30-38-2-5 and the whole of Section 31-38-2-5, as show on the
attached map, and forming part of this Direct Control District # 7.
3.1
Unless otherwise indicated in this Direct Control District # 7, all other Regulations contained in
Parts Seven, Eight and Nine of the Land Use Bylaw, shall apply to all development in this
district.
3.2
This document must be read and interpreted in conjunction with the Benalto Area
Redevelopment Plan (2006).
34-46
4.0
BENALTO AGRICULTURAL
4.1
PURPOSE
To accommodate and support an evolving agricultural industry and associated rural lifestyles.
PERMITTED USES
DISCRETIONARY USES
Accessory Building and Accessory Use
Bed And Breakfast Facility
Community Facility
Extensive Agriculture
Farm Building
Home Business - Minor
Intensive Agricultural Operation
Kennel
Manufactured Home
Moved-in Building
Public Utility
Secondary Suite
Signs
Single Detached Dwelling
Solar Energy Devices
Boarding Facility
Guest Ranch
Home Business - Major
Second Dwelling
Signs
4.2
SITE REGULATIONS
a)
The basis for establishing minimum site area is the quarter section (64.7 ha or 160 ac)
parcel of land; however the County recognizes that parcels less than ¼ section in size
may exist in the District;
b)
Notwithstanding Section 4.3(a), the maximum size of a parcel used for small agricultural
operation or a home business value added agricultural industry shall be 16 ha (40 ac).
Front Yard (minimum)
46 m (150 ft) from a Provincial Highway or gravel County Road
20 m (66 ft) from a paved County Road
7.0 m (23 ft) from an internal subdivision roadway
Rear Yard (minimum)
7.5 m (25 ft)
Side Yard (minimum)
7.5 m (25 ft
Building Height (maximum)
10 m (33 ft)
Site Coverage (maximum)
45%
34-47
5.0
BENALTO COUNTRY RESIDENTIAL
5.1
PURPOSE
To provide for residential lots that are 1.0 to 3.0 ac in size and that are located in an area
approved for that use by the Benalto Redevelopment Plan
5.2
USES
PERMITTED USES
DISCRETIONARY USES
Accessory Building and Accessory Use
Home Business - Minor
Public Utility
Secondary Suite
Signs
Single Detached Dwelling
Solar Energy Devices
Bed and Breakfast Facility
Boarding Facility
Home Business - Major
Signs
Social Care Facility
5.3
SITE REGULATIONS
Lot Width (minimum)
30 m (100 ft)
Lot Area (minimum)
0.4 ha (1.0 ac) to 1.2 ha (3.0 ac)
Front Yard (minimum)
46 m (150 ft) from a Provincial Highway or gravel County road
20 m (66 ft) from a paved County road
7.0 m (23 ft) from an internal subdivision roadway
Rear Yard (minimum)
7.5 m (25 ft)
Side Yard (minimum)
3.0 m (10 ft)
7.0 m (23 ft) if it is flanking an internal subdivision road
Building Height (maximum)
10 m (33 ft)
Maximum Site Coverage
45%
34-48
6.0
BENALTO RESIDENTIAL LOW DENSITY
6.1
PURPOSE
To provide for single detached dwellings and duplexes.
6.2
USES
PERMITTED USES
DISCRETIONARY USES
Accessory Building and Accessory Use
Community Facility
Duplex
Home Business - Minor
Public Utility
Single Detached Dwelling
Signs
Secondary Suite
Solar Energy Devices
Bed And Breakfast Facility
Boarding Facility
Home Business - Major
Second Dwelling
Signs
Social Care Facility
6.3
SITE REGULATIONS LOT WIDTH & LOT AREA
SINGLE DETACHED DWELLING
MINIMUM LOT WIDTH
MINIMUM LOT AREA
Unserviced
25 m (82 ft)
1,800 m² (19,500 ft²) (Private
Sewage System Standard of
Practice minimum 3.2 (1)(a)
Serviced
10 m (33 ft)
370 m² (4,000 ft²)
Sewer only
30 m (98 ft)
930 m² (10,000 ft²)
Water only
30 m (98 ft)
1,800 m² (19,500 ft²)
DUPLEX (HALF LOT)
MINIMUM LOT WIDTH
MINIMUM LOT AREA
Serviced
7.5 m (25 ft)
232 m² (2,500 ft²)
34-49
SETBACKS, HEIGHT AND COVERAGE
SINGLE DETACHED DWELLING AND DUPLEX
Front Yard (minimum)
30 m (100 ft) from a Provincial Highway
10 m (33 ft) from a Provincial Highway With Service Road
10 m (33 ft) from a gravel County Road
7.0 m (23 ft) from a street or paved County Road (lots wider than
13 m only)
5 m (16 ft) from a street or paved County Road (lots less than 13 m wide
only)
Rear Yard (minimum)
7.5 m (25 ft)
Side Yard (minimum)
1.5 m (5 ft) for single detached dwelling without a side entrance
1.8 m (6 ft) of a duplex without a side entrance
2.4 m (8 ft) with a side entrance (single detached dwelling and duplex
3 m (10 ft) where rear garage or carport is accessed from the front
3 m (10 ft) if flanking street or paved County Road, except 5 m for a lot
wider than 15 m
10 m (33 ft) if flanking a Provincial Highway with service road or gravel
County Road
10 m (33 ft) if flanking a Provincial Highway
Building Height (maximum)
10 m (33 ft) measured from the average of the lot grade
Site Coverage (maximum)
40%
34-50
7.0
BENALTO RESIDENTIAL MEDIUM DENSITY
7.1
PURPOSE
To provide for a range of medium density residential uses. Types of uses may include
fourplexes, townhouses and low rise apartments.
7.2
USES
PERMITTED USES
DISCRETIONARY USES
Accessory Building and Accessory Use
Apartment
Community Facility
Home Business - Minor
Multi-attached Dwelling
Public Utility
Signs
Solar Energy Devices
Signs
Social Care Facility
7.3
DENSITY
The maximum density for all residential uses shall be in the range of 35 to 75 units/ha (15 to 30
units/ac).
7.4
SITE REGULATIONS
MULTI-ATTACHED DWELLING
APARTMENT
Lot area (minimum)
156 m² (1,680 ft²) / internal unit
186 m² (2,000 ft²) / end unit
278 m² (3,000 ft²) / unit (laneless)
930 m² (10,000 ft²)
Lot width(minimum)
Minimum 16.5 m (54 ft)
5.5 m (18 ft) / unit
20 m (66 ft)
Front yard (minimum)
30 m (100 ft) from a Provincial
Highway
10 m (33 ft) from a Provincial
Highway with service road
10 m (33 ft) from a gravel County
road
7 m (23 ft) from a paved County road
7.0 m (23 ft) from a street or paved
County Road
30 m (100 ft) from a Provincial
Highway
10 m (33 ft) from a Provincial
Highway with service road
10 m (33 ft) from a gravel County
road
7 m (23 ft) from a paved County road
6.0 m (20 ft) from a street
Rear yard (minimum)
7.5 m (25 ft)
7.5 m (25 ft)
Side yard (minimum)
1.8 m (6 ft) without side entrance
2.4 m (8 ft) with side entrance
0.9 m (3 ft) for each storey or partial
storey, but not less than
3.0 m (10 ft)
Building height (max)
10 m (33 ft) measured from the
average of the lot grade
4 storeys plus an approved pitched
roof
Maximum site coverage
45%
50%
34-51
8.0
BENALTO MANUFACTURED HOME PARK DISTRICT
8.1
PURPOSE
To provide for a comprehensively designed manufactured home park that may include facilities
for the use and enjoyment of the park residents.
8.2
USES
PERMITTED USES
DISCRETIONARY USES
Accessory Building and Accessory Use
Home Business - Minor
Manufactured Home
Public Utility
Signs
Solar Energy Devices
Signs
Social Care Facility
8.3
DENSITY
The maximum density shall be 20 manufactured home units per hectare (8 manufactured
homes per ac).
8.4
SITE REGULATIONS
Park Area
2.02 ha (5 ac)
Front Lot Yard
3.5 m (12 ft) from internal road or parking area
(Side Lot Yard - Standard
1.5 m (5 ft) each side with attached garage
In a laneless subdivision, excepting corner lots, a manufactured
home without an attached garage shall provide one (1) 2.7 m
(9 ft) side yard to provide vehicular access to the rear yard.
Side Lot Yard, zero lot line
3.0 m (10 ft) on one side and 0.0 m (zero) on the other
Rear Lot Yard
1.5 m (5 ft)
Building Height (maximum)
6 m (20 ft)
Lot Width
12 m (40 ft)
Lot Depth
30 m (100 ft)
Maximum Lot Coverage
50 percent
8.5
ADDITIONAL REGULATIONS
a)
The roof line of any addition shall not exceed the height of the dwelling.
b)
A lot may be used for the siting of one manufactured home.
c)
All roads in a manufactured home park shall be paved and of sufficient width to
accommodate the passage of emergency vehicles. If roads are less than 7.6 m (25 ft) in
width, no on-street parking shall be permitted.
d)
A storage area shall be enclosed or screened by trees, landscape features or fences or
a combination thereof to the satisfaction of the Development Authority.
e)
The outdoor storage of materials, products, equipment or machinery shall not be
permitted in this district except in designated storage areas.
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9.0
BENALTO COMPREHENSIVE TOWN CENTRE
9.1
PURPOSE
To provide for a range of retail, personal and business service commercial uses that allows for
some limited compatible residential and institutional uses within the commercial core area
identified in the Benalto Area Redevelopment Plan.
9.2
USES
PERMITTED USES
DISCRETIONARY USES
Accessory Building and Accessory Use
Apartment
Automotive and Minor Recreation Vehicle Sales /
Rentals
Automotive Gas Bar
Automotive Repair - Minor
Commercial Recreation Facility - Indoor
Community Facility
Financial Institution
Food and Beverage Service Facility
Funeral Home
Government Service
Hotel
Motel
Multi-attached Dwelling
Office
Personal Service Facility
Public Utility
Retail Store - Minor
Signs
Social Care Facility
Solar Energy Devices
Commercial Training Facility
Day Care Facility (2024/26.11)
Signs
Veterinary Clinic
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9.3
SITE REGULATIONS
Lot Width (minimum)
30 m (100 ft)
Maximum Floor Area Ratio
Commercial: 1.0 (one times the site area)
Residential: 2.0 (two times the site area)
Total: 3.0 (three times the site area)
Front Yard (minimum)
NIL
Rear Yard (minimum)
3.0 m (10 ft) except 5 m (16 ft) where abutting a residential district.
The required yard shall be increased by 1 m (3 ft) in depth for
each storey above the first storey.
Side Yard (minimum)
NIL or
1.5 m (5 ft) where abutting a lane or a street. The required yard
shall be increased by 1 m (3 ft) in depth for each storey above
the first storey.
Building Height (maximum)
10 m (32 ft)
9.4
FORMER RAILWAYS LANDS (WITHIN THE BENALTO COMPREHENSIVE TOWN CENTRE)
Building Height (maximum)
3.5 m (10 ft measured on the 50th Avenue Facade
7.0 m (23 ft) within the view-plane as indicated on the urban
structure zoning map.
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PART 34
DIRECT CONTROL DISTRICT #7
10.0
10.0
BENALTO PUBLIC SERVICES
10.1
PURPOSE
To provide for uses and facilities used by the public including parks, recreation, education,
health, government, and other institutional facilities and services.
10.2
USES
PERMITTED USES
DISCRETIONARY USES
Accessory Building and Accessory Use
Campground
Cemetery
Community Facility
Community Recreation Facility - Indoor
Community Recreation Facility - Outdoor
Emergency Service
Extensive Recreation
Golf Course
Government Service
Public Utility
School / College
Signs
Social Care Facility
Solar Energy Devices
Recreational Vehicle Park
Signs
10.3
SITE REGULATIONS
Lot Width (minimum)
30 m (100 ft)
Front Yard (minimum)
46 m (150 ft) from a Provincial Highway
46 m (150 ft) from a gravel County road
20 m (66 ft) from a paved County road
7.0 m (23 ft) from a internal subdivision road
Rear Yard (minimum)
7.5 m (25 ft)
Side Yard (minimum)
3 m (10 ft)
Building Height (maximum)
12 m (40 ft)
Site Coverage (maximum)
45%
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PART 34
BENALTO DIRECT CONTROL DISTRICT # 7
BENALTO ZONING MAP
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PART 34
DIRECT CONTROL DISTRICT
DCD #8
HIDDEN SPRINGS
AREA STRUCTURE PLAN PHASE 1: E ½ 15-38-28-W4M
PURPOSE
1.0
To provide for comprehensively planned development cells, surrounded by significant areas of
open space, within Phase 1 of the Hidden Springs Area Structure Plan where the primary use is
residential that is mixed with some limited compatible local neighbourhood convenience
commercial and institutional uses. The mix of uses shall comply with the concept plan for
Phase 1 of the Hidden Springs Area Structure Plan, as illustrated in the non-statutory Appendix
A of the approved Bylaw No 2006/9.
AUTHORITY
2.0
Pursuant to the Land Use Bylaw the Development Officer shall review and approve permitted
land uses. The review, approval or refusal of discretionary land uses and the relaxation of
development regulations shall rest with the Municipal Planning Commission, except as
otherwise provided for in the Land Use Bylaw as amended from time to time.
3.0
USES
PERMITTED USES
DISCRETIONARY USES
Accessory Building and Accessory Use under 200
m² (2,150 ft²) in size
Apartment
Commercial Recreation Facility - Indoor
Community Facility
Community Recreation Facility - Indoor
Duplex
Financial Institution (See Section 4)
Food and Beverage Service Facility
(See Section 4)
Government Service (See Section 4)
Home Business - Minor
Multi-Attached Dwelling
Office (See Section 4)
Personal Service Facility
Public Utility
Retail Store - Minor (See Section 4)
Secondary Suite
Single Detached Dwelling
Solar Energy Devices
Accessory Building and Accessory Use over
200 m² (2,150 ft²) in size
Bed and Breakfast Facility
Boarding Facility
Home Business - Major
Security / Operator Residential Unit
Social Care Facility
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MINIMUM SERVICING REQUIREMENTS
4.0
All apartment buildings and multi-attached dwellings shall provide communal sewage and
potable water services to the satisfaction of the Development Authority;
4.1
4.1
Storm drainage facilities shall be provided to the satisfaction of the Development
Authority.
ADDITIONAL REQUIREMENTS
5.0
The design criteria listed in the Hidden Springs Area Structure Plan in accordance with the
County's plan hierarchy shall apply.
5.1
The land uses in this district are subject to and must be interpreted through the land use
concept and the policies of the Hidden Springs Area Structure Plan.
5.2
Sites, for the development of Financial, Institution, Government Service, Office and Retail Minor,
either individually or combined, are restricted to three sites with each having a maximum lot size
of one ac.
5.3
Buildings for Financial Institution, Government Service, Office and Retail-Minor are restricted to
a maximum height of two storeys.
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PART 34
DIRECT CONTROL DISTRICT
DCD #9
LIBERTY CROSSING AT GASOLINE ALLEY WEST URBAN DESIGN PLAN
1.0
TITLE
This document is entitled "Red Deer County Regulations for the Liberty Crossing at Gasoline
Alley West Urban Design Plan.
2.0
PURPOSE
2.1
Pursuant to the County's Land Use Bylaw and the Municipal Government Act, the purpose of
this document is to regulate the subdivision, development and use of land and buildings within
the boundaries of the Liberty Crossing at Gasoline Alley West Urban Design Plan.
3.0
EFFECTIVE DATE
This Bylaw comes into force and takes effect upon the date of its third reading.
4.0
DISTRICT BOUNDARY
The boundary of the Gasoline Alley West Direct Control District is delineated in Schedule "A"
and, more specifically, applies to a portion of Section 29-37-27-4 excluding Plan 5961 HW, the
Southeast Pt of SW 29-37-27-4, the East ½ of Section 30-37-27-4 east of Hwy 2A and north of
Waskasoo Avenue, the E½ 32-37-27-4 and the W½ 32-37-27-4 south of Highway 2A.
5.0
IMPLEMENTATION
In determining appropriate land use, setback, landscaping, parking, and other requirements, the
Development Authority must interpret and apply this Direct Control District in conjunction with
direction obtained from the Liberty Crossing at Gasoline Alley West Urban Design Plan, the
Land Use Bylaw in effect at the time, and an approved local area structure plan or outline plan.
For matters of an operative nature the regulations of the County's Land Use Bylaw in effect at
the time shall apply.
The land use designations provided in the chart and map in Section 4.2 on p. 24 to 25 of the
Liberty Crossing at Gasoline Alley West Urban Design Plan are a guide only, and the
Development Authority may vary from this in order to implement the overall intent and vision of
the Urban Design Plan. In considering major variances, the Development Authority shall
consult with Council.
The lands adjacent to the Waskasoo Creek include lands that are potentially below the
1:100 year floodline. At the time of subdivision approval, details of the floodline shall be
provided by the applicant and any affected areas shall be dedicated as municipal /
environmental reserves.
6.0
DELEGATION OF AUTHORITY
Pursuant to the Land Use Bylaw, the Council's decision making authority in this Direct Control
District is delegated to the Development Authority as follows:
a)
The Development Officer reviews and approves land uses that are deemed to be
permitted;
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b)
The Municipal Planning Commission reviews, approves or refuses land uses that are
deemed to be discretionary; and
c)
The Development Officer, in his sole discretion, may refer to the Municipal Planning
Commission any land use application and any application for the variance of setback
standards.
7.0
FUTURE BUILD-OUT
Development in the Liberty Crossing at Gasoline Alley West Urban Design Plan shall be limited
to a maximum residential population of approximately 8,000 persons.
The height of buildings in Liberty Crossing at Gasoline Alley West Urban Design Plan, shall be
limited to a maximum of four storeys, except for a maximum of four buildings that could be
allowed to exceed four storeys. One of these buildings could be comprised entirely of office
space and could be allowed to a height that does not exceed
12 storeys. The remaining three buildings cannot have more than two floors of office space and
cannot exceed eight storeys in height.
8.0
PLANS REQUIRED
8.1
Within the Liberty Crossing at Gasoline Alley West Urban Design Plan, the developer shall
prepare a local area structure plan or an outline plan in accordance with the County's approved
plan hierarchy. An adopted local area structure plan or an approved outline plan shall be
added, by default, as a Schedule to the Liberty Crossing at Gasoline Alley West Urban Design
Plan and shall constitute the land use concept for the subject development.
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SCHEDULE 1 BOUNDARY OF LIBERTY CROSSING AT GASOLINE ALLEY WEST URBAN DESIGN PLAN
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DCD #9A
LIBERTY LANDING
1.0
PURPOSE
1.1
The Purpose of this document is to regulate the subdivision, development, use of land and
buildings within the boundaries of the Liberty Landing Direct Control District. The mix of
residential uses shall comply with the Concept Plan as presented in the Liberty Landing Outline
Plan.
2.0
DISTRICT BOUNDARY
2.1
The Boundary of the Liberty Landing Direct Control District is defined in Appendix A and more
specifically applies to a portion of land location in SW29-37-27-W4M. This district shall apply to
the 49.90 ha (123.29 ac) of the Plan Area.
3.0
AUTHORITY
3.1
Pursuant to the Land Use Bylaw, the Development Officer shall review and approve permitted
land uses. The review, approval or refusal of discretionary land uses and the relaxation of
development regulation rests with the Municipal Planning Commission, except as otherwise
provided for in the Land Use Bylaw.
3.2
This document must be read and interpreted in conjunction with the Liberty Landing Outline
Plan.
3.3
Unless otherwise indicated in this Direct Control District, all other regulations contained in the
Land Use Bylaw, shall apply to all development in this District.
4.0
LIBERTY LANDING RESIDENTIAL
4.1
PURPOSE
4.2
To provide for single detached dwellings, medium density and high density residential
opportunities. The location of lot type is designated as such within the Liberty Landing Outline
Plan
4.3
SITE REGULATIONS
4.2.1
Single Family Dwelling
4.4
The general purpose of this District is to provide land which will be used for low density
detached dwellings and duplexes.
4.2.2
Uses
PERMITTED USES
DISCRETIONARY USES
Single Detached Dwelling
Accessory Building and Accessory Uses
Public Utility
Secondary Suite
Solar Energy Devices
Home Business - Minor
Neighborhood Identification Sign
Signs
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SITE REGULATIONS
REGULATION
REQUIREMENTS
Small Lot
Single Family Dwelling
Attached Garage
Single Family Dwelling
Narrow
Single Family Dwelling
Zero Lot Line
Minimum Lot Area
332 m2 (3,574 ft2)
292 m2 (3,148 ft2)
243 m2 (2,616 ft2)
Minimum Lot Width
10.36 m (34.0 ft)
9.14 m (30.0 ft)
7.62 m2 (25.0 ft2)
Minimum Lot Area
332 m2 (3,574 ft2)
292 m2 (3,148 ft2)
Minimum Lot Width
10.36 m (34.0 ft)
9.14 m (30.0 ft)
Front Yard
(minimum)
6.0 m (20.0 ft) for a unit with a front attached
garage
3.5 m (11.5 ft) for a unit with a detached garage
Rear Yard
(minimum)
7.5 m (25.0 ft) for a unit with a front attached
garage
11.0 m (36.0 ft) for a unit with a detached garage
Side Yard
(minimum)
1.25 m (4.1 ft)
3.0 m (10 ft) if flanking a street
1.52 m (5.0 ft) where
other side yard is
0.0 m (0.0 ft) on one
side
3.0 m (10 ft) if flanking
a street
Building Height
(maximum)
2 storeys, 10.0 m (33 ft) measured from the
average of the lot grade
Site Coverage
(maximum)
56% (includes garage and accessory buildings)
60% (includes garage
and accessory
buildings
4.2.2.1
Front attached garage and driveway locations shall be grouped together in pairs in the manner
shown in the sketch.
4.2.2.2
Driveways shall not exceed width of the garage at the front property line.
4.2.2.3
A front driveway shall only be permitted when a front attached garage is present.
4.2.2.4
A two vehicle parking pad shall be constructed in the back of lot to at least a gravel standard
when a front attached garage or front driveway is not present.
4.2.2.5
Units without a front attached garage shall have rear lane access.
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4.2.2.6
Small Lot - Zero Lot Line Single Family Dwelling principal and accessory buildings shall only be
permitted where:
4.2.2.6.1 A private easement agreement shall be registered on titles adjacent to the zero lot
line that provides for:
4.2.2.6.1.1 1.50 m access for maintenance of both properties
4.2.2.6.1.2 A 0.30 m eave encroachment easement with the requirement that the
eaves must not be closer than 0.90 m to the eaves of the building on
the adjacent parcel.
4.2.2.6.1.2 A 0.30 m eave encroachment easement with the requirement that the
eaves must not be closer than 0.90 m to the eaves of the building on
the adjacent parcel.
4.2.2.6.1.3 A 0.60 m footing encroachment easement.
4.2.2.6.1.4 All utilities and lot grading shall be to the satisfaction of the
Development Authority.
4.2.2.6.2 The minimum side yard abutting a Lane shall be 1.52 m.
4.2.2.6.3 no roof leader from a Dwelling or accessory building shall discharge directly onto the
easement
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4.4.1
Medium Density Residential
The general purpose of this District is to provide for a range of medium density residential uses.
Types of uses may include semi and multi detached dwellings.
USES
PERMITTED USES
DISCRETIONARY USES
Duplex
Multi-Attached Dwellings
Accessory Building and Accessory Uses
Public Utility
Solar Energy Devices
Home Business - Minor
Secondary Suite
Neighborhood Identification Sign
Signs
Social Care Facility (Bylaw No. 2022/26.1)
SITE REGULATIONS
REQUIREMENTS
Semi-Detached Dwelling
Multi-Attached Dwelling
Lot Area (minimum)
234 m2 (2,521 ft2)
166 m2 (1,787 ft2) Internal Unit
206 m2 (2,217 ft2) End Unit
Lot Width (minimum)
7.32 m (24.0 ft)
5.18 m (17.0 ft)
6.43 m (21.0 ft) End Unit
Front Yard (minimum)
6.0 m (20.0 ft) for a unit with a front attached garage
3.5 m (11.5 ft) for a unit with a detached garage
Rear Yard (minimum)
7.5 m (25.0 ft) for a unit with a front attached garage
11.0 m (36.0 ft) for a unit with a detached garage
Side Yard (minimum)
1.25 m (4.1 ft)
3.0 m (10 ft) if flanking a street
Building Height (maximum)
3 storeys, 15.0 m (49.0 ft) measured from the average of the lot grade
Site Coverage (maximum)
56% (includes garage and
accessory buildings)
60%
4.2.3.1 Driveways shall not exceed width of the garage at the front property line.
4.2.3.2 A two vehicle parking pad shall be constructed in the back of the lot to at least a gravel
standard when a front attached garage is not present.
4.2.3.3 Units without a front attached garage shall have rear lane access.
4.2.3.4 The density range for Medium Density Residential shall be less than 35 units/ha
(15 units/ac).
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4.4.2
High Density Residential
The general purpose of this District is to provide for a range of high density residential uses.
Types of uses may include apartments and condominium dwellings.
USES
PERMITTED USES
DISCRETIONARY USES
Apartments
Multi-Attached Dwellings
Public Utility
Solar Energy Devices
Subdivision Identification Sign
Signs
SITE REGULATIONS
Regulation
Requirements
Lot Area (minimum)
4047 m2 (43560.00 ft2)
Minimum Lot Width
n/a
Front Yard (minimum)
6.0 m (20.0 ft)
Rear Yard (minimum)
7.5 m (25.0 ft)
Side Yard (minimum)
4.5 m (14.8 ft)
Building Height (maximum)
4 Storeys
Site Coverage (maximum)
60%
4.2.4.1 The density range for High Density Residential shall be 35 to 105 units/ha
(15 to 42.5 units/ac).
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SCHEDULE "A"
LIBERTY LANDING DIRECT CONTROL DISTRICT #9A MAP
(Bylaw No. 2022/26.1)
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PART 34
DIRECT CONTROL DISTRICT
DCD #10
FLEMING SUBDIVISION
NW-1-38-28-4
PURPOSE
1.0
To provide for country residential lots that are located in the Fleming subdivision located within
the NW 1-38-28-W4M comprised of Lots 1, 3, 4, 5, 6, 7, 8, Plan 7621806, and
Lot 10, Plan 8721889.
PERMITTED USES
DISCRETIONARY USES
Accessory Building and Accessory Use
Addition
Duplex
Garden Suite
Home Business - Minor
Moved-in Building
Public Utility
Secondary Suite
Signs
Single Detached Dwelling
Solar Energy Devices
Wind Energy Conversion System, Category 1
SITE REGULATIONS
2.0
The following regulations shall apply to every development in this district:
Lot Width (minimum)
30 m (100 ft)
Lot Area
minimum of 0.4 ha (1.0 ac) and maximum of 1.2 ha (3.0 ac)
Front Yard (minimum)
10 m (33 ft) from a paved County road (C & E Trail)
6 m (20 ft) from an internal subdivision roadway
Rear Yard (minimum)
30 m (100 ft) from top of bank
Side Yard (minimum)
3 m (10 ft) for internal lots
7 m (23 ft) on the side that is flanking an internal subdivision road
Building Height (maximum)
Two storeys
Maximum Site Coverage
40%
ACCESSORY BUILDINGS
3.1
The maximum size for an Accessory Building and Accessory Use shall not exceed 200 m2
(2,150 ft2) in size unless approved by the Development Authority.
3.2
Accessory buildings may be located within the front yard.
3.3
An accessory building shall not be located on an easement or utility right-of-way.
3.4
An accessory building shall be located a minimum of 3 m (10 ft) from a principal building on a
lot.
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ADDITIONAL REGULATIONS
4.1
There shall be no removal of trees, shrubs or undergrowth within this district.
4.2
No new private sewage disposal systems shall be installed without the approval of the County
and subject to a Geotechnical Report from a certified Geotechnical Engineer.
4.3
No pools, ponds or permanent underground sprinkler lines or systems are permitted.
4.4
In the event of a house relocation or demolition, the former basements must be properly filled in
such a manner that it does not negatively impact the nearby slope to the satisfaction of a
Geotechnical Engineer and Red Deer County.
4.5
No garden or waste soil, grass, tree or shrub cuttings, or construction debris shall be disposed
of over or onto the slope face.
4.6
All new development shall be subject to a geotechnical report or the authorization of the
Development Engineer at Red Deer County.
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RISK AREA MAPS
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PART 34
DIRECT CONTROL DISTRICT
DCD #11
TRUCKING BUSINESS
PT. NE 23-37-27-4 (0.89 ACRES)
PURPOSE
1.0
To provide for the development of a trucking business (service, repair, and storage of trucks
within an existing shop) on a portion of the NE 23-37-27-4. This DCD District applies to the shop
and immediate parking area only.
AUTHORITY
2.0
Pursuant to the Land Use Bylaw the Development Officer shall review and approved permitted
land uses. The review, approval or refusal of discretionary land uses and the relaxation of
development regulations shall rest with the Municipal Planning Commission, except as
otherwise provided for in the Land Use Bylaw as amended from time to time.
AREA OF APPLICATION
3.0
This district shall apply to the subject land on part of the NE 23-37-27-4, as shown on
Schedule A, attached to, and forming part of this DC District # 11.
USES
3.1
PERMITTED USES
3.2
DISCRETIONARY USES
Accessory Building (shop and office)
Outdoor Storage
Service, Repair and Storage of Trucks
Solar Energy Devices
SITE REGULATIONS
4.0
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Front Yard Setback (minimum)
46 m (150 ft) from a County gravel road
Rear Yard Setback (minimum)
7.5 m (25 ft)
Side Yard (minimum)
76 m (250 ft)
ADDITIONAL REQUIREMENTS
5.0
No operation or activity associated with any use in this District, shall be permitted which would
create a nuisance factor from noise, odour, vibrations, heat, intense light sources or dust,
outside an enclosed buildings.
6.0
All loading, service, garbage collection and outdoor storage areas (where permitted), shall be
located to the rear and sides of the principal building and shall be screened from view from any
public roadway other than a lane, and from adjacent sites by a wall, landscape materials,
berms, fences, or a combination of these features, to the satisfaction of the Development
Officer.
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PART 34
DIRECT CONTROL DISTRICT
DCD #12
TRUCKING TERMINAL & NITROGEN STORAGE TANK
SW 26-35-28-4; LOT 1, BLOCK 1, PLAN 0221900 3.31 HA (8.2 AC)
PURPOSE
1.0
To provide for a freight truck terminal and nitrogen storage tank. The trucking terminal's main
purpose is to provide temporary parking for long haul/freight trucks between destinations.
Therefore temporary storage for cargo is required as well as a space for truck maintenance and
offices.
AUTHORITY
2.0
Pursuant to the Land Use Bylaw the Development Officer shall review and approved permitted
land uses. The review, approval or refusal of discretionary land uses and the relaxation of
development regulations shall rest with the Municipal Planning Commission, except as
otherwise provided for in the Land Use Bylaw as amended from time to time.
AREA OF APPLICATION
3.0
This district shall apply to the Lot 1, Block 1, Plan 0221900 on part of the SW 26-35-28-4, as
shown on Schedule A, attached to, and forming part of this Direct Control District # 12
USES
3.1
PERMITTED USES
3.2
DISCRETIONARY USES
Nitrogen Storage Tank
Office Building
Outdoor Storage
Shop
Trucking Terminal
Sign
Solar Energy Devices
SITE REGULATIONS
4.0
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Front Yard Setback (minimum)
46 m (150 ft) from a Provincial Highway or County gravel road
Rear Yard Setback (Minimum)
7.5 m (25 ft)
Side Yard
69 m (225 ft)
ADDITIONAL REQUIREMENTS
5.0
None
6.0
For a list of permitted and discretionary signs, in this District, see Table 89-1.
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PART 34
DIRECT CONTROL DISTRICT
DCD #13
OUTDOOR ADVENTURE CHALLENGE COURSE
NE 22-38-1-5; LOT 1, BLOCK 1, PLAN 0024761 3.84 HA (9.49 AC)
PURPOSE
1.0
To provide for an outdoor challenge course and a single family dwelling located on Lot 1, Block
1, Plan 0024671.
AUTHORITY
2.0
Pursuant to the Land Use Bylaw the Development Officer shall review and approved permitted
land uses. The review, approval or refusal of discretionary land uses and the relaxation of
development regulations shall rest with the Municipal Planning Commission, except as
otherwise provided for in the Land Use Bylaw as amended from time to time.
AREA OF APPLICATION
3.0
This district shall apply to the Lot 1, Block 1, Plan 0024761 on part of the NW 22-38-1-5, as
shown on Schedule A, attached to, and forming part of this Direct Control District # 13
USES
3.1
PERMITTED USES
3.2
DISCRETIONARY USES
Accessory Building and Accessory Use
Outdoor Adventure Challenge Course
Single Detached Dwelling
Solar Energy Devices
SITE REGULATIONS
4.0
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Front Yard Setback (minimum)
90 m (295 ft) from a County road
Rear Yard Setback (minimum)
270 m (888 ft)
Side Yard (minimum)
15 m (50 ft)
ADDITIONAL REQUIREMENTS
5.0
None
SIGNAGE
6.0
For a list of permitted and discretionary signs, in this District, see Table 89-1.
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PART 34
DIRECT CONTROL DISTRICT
DCD #14
OUTDOOR STORAGE
SE 11-35-24-4; 2.58 HA (6.37 AC)
PURPOSE
1.0
To provide for outdoor storage for equipment used for an excavating business on a portion of
the SE 11-35-24-4. This parcel includes a pole shed and a shop.
AUTHORITY
2.0
Pursuant to the Land Use Bylaw the Development Officer shall review and approved permitted
land uses. The review, approval or refusal of discretionary land uses and the relaxation of
development regulations shall rest with the Municipal Planning Commission, except as
otherwise provided for in the Land Use Bylaw as amended from time to time.
AREA OF APPLICATION
3.0
This district shall apply to a portion of the SE 11-35-24-4, as shown on Schedule A attached to,
and forming part of this DC District #14.
USES
3.1
PERMITTED USES
3.2
DISCRETIONARY USES
Accessory Buildings (shop & pole shed)
Sign
Storage - Outdoor for Heavy Equipment
Solar Energy Devices
SITE REGULATIONS
4.0
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Front Yard Setback (minimum)
100 m (328 ft) from a County road
Rear Yard Setback (Minimum)
7.5 m (25 ft)
Side Yard
7.5 m (25 ft)
ADDITIONAL REQUIREMENTS
5.0
None
SIGNAGE
6.0
For a list of permitted and discretionary signs, in this District, see Table 89-1.
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PART 34
DIRECT CONTROL DISTRICT
DCD #15
VEHICLE/RV STORAGE & SELF STORAGE
PT. NW 5-37-27-4
PURPOSE
1.0
To provide for the development of recreation vehicle storage and related self-storage buildings
for South End Storage on approximately 5.46 ha (13.5 ac), as identified on the attached map for
the specific development of RV Storage, accessory building, self-storage building and a
dwelling.
AUTHORITY
2.0
Pursuant to the Land Use Bylaw the Development Officer shall review and approved permitted
land uses. The review, approval or refusal of discretionary land uses and the relaxation of
development regulations shall rest with the Municipal Planning Commission, except as
otherwise provided for in the Land Use Bylaw as amended from time to time.
AREA OF APPLICATION
3.0
This district shall apply to part of the NW 5-37-27-4, as shown on Schedules A, attached to, and
forming part of this DC District # 15.
USES
3.1
PERMITTED USES
3.2
DISCRETIONARY USES
Accessory Building
Single Detached Dwelling
Self-Storage Building
Vehicle / RV Storage (Indoor & Outdoor)
Solar Energy Devices
SITE REGULATIONS
4.0
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Front Yard Setback (minimum)
57 m (187 ft) from a gravel County road
Rear Yard Setback (minimum)
33 m (25 ft)
Side Yard (minimum)
17 m (25 ft)
SIGNAGE
5.0
Signage, if required, shall require separate approval by the Municipal Planning Commission
prior to being erected.
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34-99
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PART 34
DIRECT CONTROL DISTRICT
DCD # 16
HORSE BREEDING & ORGANIC HERB BUSINESS
SW 25-35-27-4 LOT 2, BLOCK 1, PLAN 0722609 8.31 HA (20.54 AC)
PURPOSE
1.0
To provide for the development of a horse breeding business and the production of growing
certified organic herbs (Echinacea) on a portion of the SW 25-35-27-4, Lot 2, Block 1,
Plan 0722609 on approximately 8.31 ha (20.54 ac) as identified on the attached Schedule A
AUTHORITY
2.0
Pursuant to the Land Use Bylaw the Development Officer shall review and approved permitted
land uses. The review, approval or refusal of discretionary land uses and the relaxation of
development regulations shall rest with the Municipal Planning Commission, except as
otherwise provided for in the Land Use Bylaw as amended from time to time.
AREA OF APPLICATION
3.0
This district shall apply to the Lot 2, Block 1, Plan 0722609 on part of the SW 25-35-27-4, as
shown on Schedule A, attached to, and forming part of this DC District # 16.
USES
3.1
PERMITTED USES
3.2
DISCRETIONARY USES
Accessory Buildings (barn & shed)
Single Detached Dwelling (moved in)
Herb Farming (Echinacea)
Horse Breeding & Training Facility
Solar Energy Devices
SITE REGULATIONS
4.0
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Front Yard Setback (minimum)
46 m (150 ft) from a County road
Rear Yard Setback (minimum)
7.5 m (25 ft)
Side Yard (minimum)
58.87 m (193 ft) (south boundary)
18.02 m (59 ft) (north boundary)
ADDITIONAL REQUIREMENTS
5.0
None
SIGNAGE
6.0
For a list of permitted and discretionary signs, in this District, see Table 89-1.
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34-103
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PART 34
DIRECT CONTROL DISTRICT
DCD #17
RV STORAGE
SW 21-38-26-4 LOT 1, PLAN 9120003
4.66 ACRES
PURPOSE
1.0
To provide for storage of recreation vehicles, campers, motor homes, tents and travel trailers.
AUTHORITY
2.0
Pursuant to the Land Use Bylaw the Development Officer shall review and approved permitted
land uses. The review, approval or refusal of discretionary land uses and the relaxation of
development regulations shall rest with the Municipal Planning Commission, except as
otherwise provided for in the Land Use Bylaw as amended from time to time.
AREA OF APPLICATION
3.0
This district shall apply to the Lot 1, Plan 9120003 on part of the SW 21-38-26-4, as shown on
Schedule A, attached to, and forming part of this DC District # 17
USES
3.1
PERMITTED USES
3.2
DISCRETIONARY USES
Accessory Buildings and Accessory Use
Single Detached Dwelling
Moved-in Dwelling
Manufactured Home
Recreation Vehicle Storage
Signs
Solar Energy Devices
SITE REGULATIONS
4.0
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Front Yard Setback (Dwelling)
20 m (66 ft) from a County Road
90 m (295 ft) from a Provincial Highway
Front Yard Setback (RV Storage)
5 m (16.4 ft) from a Provincial Highway
Rear Yard Setback (Minimum)
3 m (10 ft)
Side Yard (minimum)
10 m (32 ft)
ADDITIONAL REQUIREMENTS
5.0
1.
Maximum number of recreation vehicles allowed is 175 units.
2.
No recreation vehicles sales are permitted.
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34-107
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PART 34
DIRECT CONTROL DISTRICT
DCD # 18
EQUESTRIAN CENTRE & STABLES
E ½ 13-38-28-4 & SW 18-38-27-4 22.3 HA (55 AC)
PURPOSE
121.1
To provide for the development of a specialized horse operation, providing an equestrian centre,
boarding facility, lessons and site for equestrian events on approximately 22.3 ha (55 ac), as
identified on the attached map.
AUTHORITY
2.0
Pursuant to the Land Use Bylaw the Development Officer shall review and approved permitted
land uses. The review, approval or refusal of discretionary land uses and the relaxation of
development regulations shall rest with the Municipal Planning Commission, except as
otherwise provided for in the Land Use Bylaw as amended from time to time.
AREA OF APPLICATION
3.0
This district shall apply to the E ½ 13-38-28-4 & SW 18-38-27-4, as shown on Schedule A,
attached to, and forming part of this DC District # 18
USES
3.1
PERMITTED USES
3.2
DISCRETIONARY USES
Accessory Buildings and Accessory Uses (shop,
barn, tack rooms)
Boarding Facility
Cross Country Courses
Single Detached Dwellings (2)
Equestrian Centre & Related Events
Riding Arena (indoor & outdoor)
Stalls
Solar Energy Devices
SITE REGULATIONS
4.0
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Front Yard Setback (minimum)
240 m (787 ft) from a gravel County Road
Rear Yard Setback (minimum)
15.8 m (52 ft)
Side Yard (minimum)
7.5 m (25 ft)
ADDITIONAL REQUIREMENTS
5.0
None
SIGNAGE
6.0
For a list of permitted and discretionary signs, in this District, see Table 89-1.
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34-111
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PART 34
DIRECT CONTROL DISTRICT
DCD #19
ASSEMBLY / MANUFACTURING & OUTDOOR STORAGE
SW 24-38-28-4 LOT B, PLAN 7621039 4.9 AC
PURPOSE
1.0
To provide for industrial uses such as assembly of goods, fabrication, and manufacturing of
products in a manner that is compatible with surrounding land uses.
AUTHORITY
2.0
Pursuant to the Land Use Bylaw the Development Officer shall review and approved permitted
land uses. The review, approval or refusal of discretionary land uses and the relaxation of
development regulations shall rest with the Municipal Planning Commission, except as
otherwise provided for in the Land Use Bylaw as amended from time to time.
AREA OF APPLICATION
3.0
This district shall apply to Lot B, Plan 7621039, on this part of the SW 24-38-28-4, as shown on
Schedule A, attached to, and forming part of this DC District #19.
USES
3.1
PERMITTED USES
3.2
DISCRETIONARY USES
Accessory Building and Accessory Use
Contractor Operation
Manufacturing, Processing & Assembly
Oilfield Service or Business - Minor
Sign
Solar Energy Devices
Agricultural Supply Depot
Automotive Repair - Minor
Outdoor Storage
Retail Store - Minor
Veterinary Clinic
SITE REGULATIONS
4.0
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Front Yard Setback (minimum)
18 m (58 ft) from a County road
Rear Yard Setback (minimum)
7.5 m (25 ft)
Side Yard (minimum)
13 m (42 ft)
Building Height (maximum)
15 m (50 ft)
Lot Width (minimum)
200 m (656 ft)
34-114
ADDITIONAL REQUIREMENTS
5.0
No operation or activity associated with any use in this District shall be permitted which would
create a nuisance factor from noise, odour, earthborn vibrations, heat intense light sources or
dust, outside of an enclosed building.
6.0
All loading, service, garbage collection and outdoor storage areas (where permitted) shall be
located to the rear and sides of the principal building and shall be screened from view from any
public roadway other than a lane, and from adjacent sites by a wall, landscape materials, berm,
fences, or a combination of these features, to the satisfaction of the Development Officer.
7.0
The Development Officer may require that any exposed projections outside the building, such
as mechanical and electrical equipment and cooling towers, be screened from view from any
roadway and adjacent sites if, in the opinion of the Development Officer, such projections are
inconsistent with the character and appearance of surrounding development or intended visual
qualities of this District.
8.0
All buildings shall be constructed and finished with durable materials. The Development Officer
may require that the appearance of metal or concrete block be improved with finishing material
that maintains an appearance which is characteristic of surrounding development.
SIGNAGE
9.0
For a list of permitted and discretionary signs, in this District, see Table 89-1.
34-115
34-116
34-117
SCHEDULE 'A'
PART 34
DIRECT CONTROL DISTRICT
DCD #20
CHURCH / MONASTERY & COMMUNITY FACILITY
NE 16-38-26-4
PURPOSE
1.0
To provide 24 ac for a Religious Assembly and Monastery that will serve as a community facility
and 120.65 ac for Agricultural Operations.
AUTHORITY
2.0
Pursuant to the Land Use Bylaw the Development Officer shall review and approved permitted
land uses. The review, approval or refusal of discretionary land uses and the relaxation of
development regulations shall rest with the Municipal Planning Commission, except as
otherwise provided for in the Land Use Bylaw as amended from time to time.
3.1
PERMITTED USES
3.2
DISCRETIONARY USES
Accessory Buildings and Accessory Uses
Religious Assembly and Monastery
Multi-Attached Dwelling Facilities
Dormitories
Food and Beverage Service Facility
Single Detached Dwelling
Signs
Extensive Agricultural Operations
Solar Energy Devices
Community Facility
Social Care Facility
Cemetery
SITE REGULATIONS
4.0
Front Yard (minimum)
46 m (150 ft) from a Provincial Highway or
gravel County Road
20 m (66 ft) from a paved County Road
Rear Yard (minimum)
7.5 m (25 ft)
Side Yard (minimum)
7.5 m (25 ft)
Building Height (maximum)
Three storeys: 26 m (85 ft)
ADDITIONAL REQUIREMENTS
5.0
All dwelling uses to be directly attached to, and the uses consistent with, the operations,
maintenance and support of the Religious Assembly and Monastery.
5.1
All dormitories to be short term lodging for member accommodation use directly related to the
operations of the Religious Assembly and Monastery.
5.2
All food and beverage use to be part of the operations of the Religious Assembly and
Monastery.
34-118
MINIMUM SERVICING REQUIREMENTS
6.0
For any developments requiring a development permit, sanitary sewage shall be provided in
compliance with the Alberta Private Sewage Systems Standards of Practice and to the
satisfaction of the Development Authority.
6.1
For any developments requiring a development permit, the availability and suitability of on-site
water shall be confirmed and shall be licensed pursuant to the provisions and the Water Act.
6.2
For any developments requiring a development permit, storm drainage facilities shall be
provided to the satisfaction of the Development Authority.
DEFINITIONS
Religious Assembly and Monastery means a building or buildings that are occupied by a community of monks
living under religious vows.
Dormitory means a residence hall providing rooms with multiple beds for groups without private baths.
Concept Site Plan (Left)
Concept Monastery Elevation (Below)
34-119
HIGHWAY 11
NE 16-48-26-W4
TOTAL AREA :144.65 AC
RELIGIOUS ASSEMBLY AND MONASTERY AREA: 24.00 AC
AGRICULTURAL OPERATIONS AREA: 120.65 AC
RELIGIOUS ASSEMBLY AND
MONASTERY AP-EA
PROPERTY LINE
SETBACK LINE
N
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34-123
SCHEDULE "A"
PART 34
DIRECT CONTROL DISTRICT
DCD #21
CAREFREE RESORT
SW 19-35-2-5 PLAN 8621413, 8721947, 9320773, 9421653, 9421659
PURPOSE
1.0
To provide for a condominium recreation vehicle resort development and associated amenity
buildings that will accommodate seasonal occupancy. The uses shall be compatible with the
surrounding seasonal residential developments and shall not have an impact on the sensitive
reservoir lands.
AUTHORITY
2.0
Pursuant to the Land Use Bylaw the Development Officer shall review and approved permitted
land uses. The review, approval or refusal of discretionary land uses and the relaxation of
development regulations shall rest with the Municipal Planning Commission, except as
otherwise provided for in the Land Use Bylaw as amended from time to time.
AREA OF APPLICATION
3.0
This district shall apply to the lands as shown on Schedule "B", attached to, and forming part
of this DC District # 21.
USES
3.1
PERMITTED USES
3.2
DISCRETIONARY USES
Accessory Building and Accessory Use
Community Facility
Public or Private Utility
Recreation Vehicle
Park Model
Security/Operator Residential Unit
Warehousing & Storage limited to recreation
vehicles, boats, all-terrain vehicles, ski-doos,
utility trailers and related vehicles for use by
condominium owners only
Solar Energy Devices
Recreation Facility
34-124
SITE REGULATIONS
4.0
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations shall
apply to every development in this district:
Lot Area (minimum)
235 m² (2,500 ft²)
Front Yard Setback (minimum)
3.5 m (12 ft.) from Internal Subdivision (Private Roadway)
Rear Yard Setback (minimum)
1.5 m (5 ft.)
Side Yard (minimum)
0.61 m (2.0 ft.) or 3.0 m (10 ft.) - See Additional Regulations Section
4.1
Building Height (Maximum)
5.34 m (17.6 ft.) for the residential component
12 m (40 ft.) for the maintenance building and garage.
4.1
The minimum side yard setback shall be:
A minimum of 0.61 m (2 ft) side yard on one side; and on the opposite side, the structure may not be
closer than 3.0 m (10 ft) to the property line.
4.2
Recreation vehicle(s), recreation park-model(s) and building(s) shall not cover more than 65% of a
condominium unit.
4.3
The maximum main floor area for any recreation vehicle or park model, including all tip-outs, push outs,
pull outs, enclosed porches, enclosed verandas and enclosed decks shall not exceed 92 m2 (990 ft2) in
total size. Patios and decks (covered and uncovered) square footage are not included in the maximum
floor area calculation.
4.4
All decks (enclosed, covered and uncovered), porches and verandas shall be structurally independent
(i.e., not attached) to a recreation vehicle or park model.
4.5
For the purposes of this district, decks (enclosed, covered and uncovered), porches, or verandas shall not
be considered an accessory building or an accessory use and must adhere to the setback requirements
of the principal structure.
ADDITIONAL REQUIREMENTS
5.0
Open Space
A minimum of 10% of the gross condominium lot area shall be set aside for common space and
recreation area and no portion of any condominium unit shall be included in this open space.
6.0
Site Limitations
Where this bare land condominium is located partially or wholly within the 1:100 year flood
elevation, no permanent structures shall be constructed or located or developed or redeveloped.
7.0
Utilities
Underground water and sewer utilities shall be a maximum of 1.5 m (5 ft) in depth unless
otherwise approved by the Development Authority.
8.0
Accessory Buildings and Uses
Accessory Building and Accessory Uses in this District are limited to one maximum 7.43 m²
(80 ft²) shed and which notwithstanding any other applicable regulations in this Bylaw, may be
located in the front, side or rear yard on a lot.
a)
No accessory building shall be used as a garage;
b)
Any accessory building within this district shall be not more than 4.5 m (15 ft) in height;
34-125
c)
No accessory building shall be erected or placed in this district within 0.34 m (1 foot) of
any boundary of the site;
d)
No accessory building shall be located within 0.5 m (1.64 ft) of any utility right of ways or
easements that are required in this district;
e)
An accessory building may be located in the front, side or rear yard of a lot;
f)
No minimum separation distance is required between the principal building and
accessory building. The accessory building shall not be structurally attached to a
recreation vehicle or park model.
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PART 34
DIRECT CONTROL DISTRICT
DCD #22
HEAVY EQUIPMENT TRAINING FACILITY
NW 5-36-28-4 4.85 HA (12 AC)
SCHEDULE "A"
PURPOSE
1.0
To provide for the development of a Heavy Equipment Training Facility on a portion of the
NW 5-36-28-4, on approximately 4.85 ha (12 ac) as identified on the attached map. Specific for
the development of an Industrial / Commercial Training Facility.
AUTHORITY
2.0
Pursuant to the Land Use Bylaw the Development Officer shall review and approved permitted
land uses. The review, approval or refusal of discretionary land uses and the relaxation of
development regulations shall rest with the Municipal Planning Commission, except as
otherwise provided for in the Land Use Bylaw as amended from time to time.
AREA OF APPLICATION
3.0
This district shall apply to part of the NW 5-36-28-4, as shown on Schedule A, attached to, and
forming part of this Direct Control District # 12
USES
3.1
PERMITTED USES
3.2
DISCRETIONARY USES
Heavy Equipment - used for training purposes
Industrial / Commercial Training Facility
Solar Energy Devices
Accessory Building / Accessory Use
Outdoor Storage
Security / Operator Residential Unit
SITE REGULATIONS
4.0
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
a) Site Area (minimum)
4.85 ha (12 ac)
b) Site Width (minimum)
200 m (656 ft)
c) Front Yard Setback (minimum)
30 m (98 ft)
d) Rear Yard Setback (minimum)
7.5 m (25 ft)
e) Side Yard (minimum)
7.5 m (25 ft)
f)
Building Height (maximum)
12 m (40 ft)
ADDITIONAL REQUIREMENTS
5.0
All outdoor storage areas shall be located to the rear of the principal building and shall be
screened from view from any public roadway, and from adjacent sites by a wall, landscape
materials, berms, fences, or a combination of these features, to the satisfaction of the
Development Officer.
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34-131
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34-133
PART 34
DIRECT CONTROL DISTRICT #23
DCD #23
HEAVY EQUIPMENT & TRUCK SALES AND RENTALS & HEAVY EQUIPMENT SERVICE /
REPAIR
SE 7-35-28-4;11.19 HECTARES (26.77 ACRES)
PURPOSE
1.0
To provide for the development of a heavy equipment and truck sales / rentals and heavy
equipment service and repair on a portion of the SE 7-35-28-4 on approximately 10.83 ha
(26.77 ac) as identified on the attached map, specific for the development of a heavy equipment
and truck sales and rentals and heavy equipment service and repair site
AUTHORITY
2.0
Pursuant to the Land Use Bylaw the Development Officer shall review and approved permitted
land uses. The review, approval or refusal of discretionary land uses and the relaxation of
development regulations shall rest with the Municipal Planning Commission, except as
otherwise provided for in the Land Use Bylaw as amended from time to time.
AREA OF APPLICATION
3.0
This district shall apply to the SE 7-35-28-4, as shown on Schedule A, attached to, and forming
part of this DC District # 23.
USES
3.1
PERMITTED USES
3.2
DISCRETIONARY USES
Accessory Building and Accessory Use
Heavy Equipment and Truck Sales / Rental
Heavy Equipment Service and Repair
Security / Operator Residential Unit
Signs
Automotive and Minor Recreation Vehicle
Sales/Rentals
Solar Energy Devices
Contractor Operation
Oilfield Service or Supply Business - Major
Commercial Advertising Signs
Automotive Vehicle Wholesale
SITE REGULATIONS
4.0
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
a) Lot Area
10.83 ha (26.77 ac)
b) Lot Width (minimum)
30 m (100 ft)
c) Front Yard Setback
(minimum)
30 m (100 ft) from a Provincial Highway
18 m (58 ft) from a Provincial Highway with a service road or any other
road
d) Rear Yard Setback
(Minimum)
7.5 m (25 ft)
e) Side Yard
6 m (20 ft)
f)
Building Height
(maximum)
18 m (60 ft)
34-134
ADDITIONAL REQUIREMENTS
5.0
For any development requiring development permit storm water drainage shall be provided to
the satisfaction of the Development Authority.
6.0
General industrial uses shall not create any nuisance effect beyond the boundaries of the site.
7.0
Safety and environmental assessment are integral components of the industrial development
review process. Where there are potential effects associated with a proposed development, a
Development Officer may require an applicant to retain a qualified professional acceptable to
the Development Officer to provide an environmental impact assessment report of the proposed
development, in determining whether the proposed development is to be approved, approved
with conditions, or refused.
8.0
All loading, service, garbage collection and outdoor storage areas (where permitted) shall be
located to the rear and sides of the principal building and shall be screened from view from any
public roadway other than a lane, and from adjacent sites by a wall, landscape materials, berm,
fences, or a combination of these features, to the satisfaction of the Development Officer.
9.0
The Development Officer may require that any exposed projections outside the building, such
as mechanical and electrical equipment and cooling towers, be screened from view from any
roadway and adjacent sites if, in the opinion of the Development Officer, such projections are
inconsistent with the character and appearance of surrounding development or intended visual
qualities of the district.
10.0
All buildings shall be constructed and finished with durable materials. The Development Officer
may require that the appearance of metal, and/or concrete block be improved with finishing
material that maintain an appearance which is characteristic of surrounding development.
11.0
Automotive and Minor Recreation Vehicle Sales/Rentals shall be limited to a maximum of
five (5) vehicles at any given time.
34-135
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34-137
PART 34
DIRECT CONTROL DISTRICT #24
DCD # 24
AGRICULTURAL SUPPLY DEPOT
(BULK PETROLEUM STORAGE AND DISTRIBUTION FACILITY)
NE 34-35-28-4; 1.21 HECTARES (3 ACRES)
PURPOSE
1.0
To provide for the development of an Agricultural Supply Depot (bulk petroleum storage and
distribution facility) without a card lock on a portion of the NE 34-35-28-4 on approximately
1.21 ha (3.0 ac).
AUTHORITY
2.0
Pursuant to the Land Use Bylaw the Development Officer shall review and approved permitted
land uses. The review, approval or refusal of discretionary land uses and the relaxation of
development regulations shall rest with the Municipal Planning Commission, except as
otherwise provided for in the Land Use Bylaw as amended from time to time.
AREA OF APPLICATION
3.0
This district shall apply to the NE 34-35-28-4, as shown on Schedule A, attached to, and
forming part of this DC District # 24.
USES
3.1
PERMITTED USES
3.2
DISCRETIONARY USES
Accessory Building and Accessory Use
Agricultural Supply Depot
Signs
Solar Energy Devices
Outdoor Storage
SITE REGULATIONS
4.0
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Lot Area (minimum)
1.21 ha (3 ac)
Lot Width (minimum)
110.0 m (360 ft)
Front Yard Setback (minimum)
30 m (100 ft) from a Provincial Highway
18 m (58 ft) from a Provincial Highway with a service road or any
other road
23.2 m (76.1 ft) from a paved County Road
Rear Yard Setback (minimum)
7.5 m (25 ft)
Side Yard (minimum)
6 m (20 ft)
Building Height (maximum)
18 m (60 ft)
34-138
ADDITIONAL REQUIREMENTS
5.0
For any development requiring development permit storm water drainage shall be provided to
the satisfaction of the Development Authority.
6.0
General industrial uses shall not create any nuisance effect beyond the boundaries of the site.
7.0
Safety and environmental assessment are integral components of the industrial development
review process. Where there are potential effects associated with a proposed development, a
Development Officer may require an applicant to retain a qualified professional acceptable to
the Development Officer to provide an environmental impact assessment report of the proposed
development, in determining whether the proposed development is to be approved, approved
with conditions, or refused.
8.0
A license, permit approval or other authorization granted by a Federal or Provincial agency or
Crown-controlled organization may prevail over this bylaw or a development decision by a
Development Officer and/or Subdivision and Development Appeal Board pursuant to Federal or
Provincial Legislation. When an application is received by the County for a Land Use Bylaw
amendment or development permit and the application is consistent with a license, permit,
approval or other authorization granted by a Federal or Provincial agency or Crown-controlled
organization, the County must approve the application to the extent that it complies with the
license, permit, approval or other authorization granted.
34-139
34-140
34-141
PART 34
DIRECT CONTROL DISTRICT
DCD #25
NEIGHBOURHOOD COMMERCIAL
NW 3-39-1-5
PURPOSE
1.0
To provide for the development of a neighbourhood commercial on a portion of the NW 3-39-1-5
on approximately 1.78 ha (4.39 aces) as identified on the attached map, specific for the
development of Neighbourhood Commercial.
AUTHORITY
2.0
Pursuant to the Land Use Bylaw the Development Officer shall review and approved permitted
land uses. The review, approval or refusal of discretionary land uses and the relaxation of
development regulations shall rest with the Municipal Planning Commission, except as
otherwise provided for in the Land Use Bylaw as amended from time to time.
AREA OF APPLICATION
3.0
This district shall apply to a portion of NW 3-39-1-5, as shown on Schedule A, attached to and
forming part of this Direct Control District # 25.
USES
3.1
PERMITTED USES
3.2
DISCRETIONARY USES
Retail Sales - Minor
Signs
Solar Energy Devices
Food & Beverage Services Facility
Offices
Personal Services
SITE REGULATIONS
4.0
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Front Yard Setback (minimum)
7.0 m (23 ft) from an internal subdivision road
7.0 m (23 ft) from a paved county road
10 m (33 ft) from a gravel county road
Rear Yard Setback (minimum)
7.5 m (25 ft) except 10 m (33 ft) where abutting a residential district
Side Yard (minimum)
3 m (10 ft) except 7.5 m (25 ft) where abutting a residential district
Building Height (maximum)
12 m (40 ft)
ADDITIONAL REQUIREMENTS
5.0
All loading, service, garbage collection and outdoor storage areas (where permitted) shall be
located to the rear and sides of the principal building and shall be screened from view from any
public roadway other than a lane, and from adjacent sites by a wall, landscape materials, berm,
fences, or a combination of these features, to the satisfaction of the Development Officer.
6.0
The Development Officer may require that any exposed projections outside the building such as
mechanical and electrical equipment and cooling towers, be screened from view from any
roadway and adjacent sites, if, in the opinion of the Development Officer, such projections are
34-142
inconsistent with the character and appearance of surrounding developments or intended visual
qualities of this District.
7.0
All buildings shall be constructed and finished with durable materials. The Development Officer
may require that the appearance of metal and/or concrete block be improved with finishing
material that maintain an appearance which is characteristic of surrounding development.
8.0
Landscaping requirements shall comply with Section 54.
9.0
Parking and paving requirements shall comply with Section 67.
10.0
For a list of permitted and discretionary signs, in this District, see Table 88-1
34-143
SCHEDULE "A"
34-144
34-145
PART 34
DIRECT CONTROL DISTRICT
DCD #26
DAIRY MANUFACTURING AND SUPPLY
(SYLVAN STAR CHEESE)
PT SE 1-39-1-5
PURPOSE
1.0
To provide for the development and continuation of use of an existing value added agricultual
industry (Cheese Manufacturing) on a portion of the SE 1-39-1-5 on approximately
2.02 ha (5.0 ac).
AUTHORITY
2.0
Pursuant to the Lande Use Bylaw, the Development Officer shall review and approve permitted
land uses. The review, approval or refusal of discretionary land uses and the relaxation of
development regulations shall rest with the Municipal Planning Commission, excpet as
otherwise provided for in the Land Use Bylaw.
AREA OF APPLICATION
3.0
This district shall apply to a portion of SE 1-39-1-5, as shown on Schedule 'A' attached to and
forming part of Direct Control District #26.
USES
3.1
PERMITTED USES
3.2
DISCRETIONARY USES
Value Added Agricultural Industry
(Cheese Manufacturing)
Accessory Building
Outdoor Storage
Signs
SITE REGULATIONS
4.0
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district:
Lot Area (minimum)
1.21 hectares (3 acres)
Lot Width (minimum)
To be approved by MPC
Front Yard Setback (minimum)
30 m (100 ft) from a Provincial Highway
18 m (58 ft) from a Provincial Highway with a
service road or any other road
20 m (65 ft) from a paved County road
Rear Yard Setback (minimum)
7.5 m (25 ft)
Side Yard (minimum)
6 m (20 ft)
Building Height (maximum)
18m (60 ft)
ADDITIONAL REQUIREMENTS
5.0
None
34-146
SCHEDULE 'A'
34-147
35-1
PART 35
LAND USE DISTRICT MAPS
Land Use District Maps are filed separately from the Land Use Bylaw, however all such maps are part
and parcel of the Land Use Bylaw and are available at Red Deer County.
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to facilitate double-sided printing
36-1
PART 36
SCHEDULE A - GRAVEL EXTRACTION OVERLAY DISTRICT
GENERAL PURPOSE:
The purpose of this district is to establish a Gravel Extraction Overlay District (Overlay) to
ensure consistent and appropriate regulations are applied to the land for the extraction of sand
and gravel materials.
1.1
Area of Application:
This Overlay shall apply to sites within the Agriculture District as shown on Appendix A forming
part of this Overlay District. The appendix will reference and identify sites where sand and
gravel are currently being extracted.
1.2
Where the provisions of the Overlay District conflict with other regulations of this Bylaw, the
more restrictive provisions shall take precedence. All development shall be consistent with the
Municipal Development Plan and the Land Use Bylaw.
RESTRICTION ON USES:
Prior to any development permit application being submitted for sand and gravel extraction, the
applicant will be required to apply to amend the Land Use Bylaw to have the proposed mining
area included in the Gravel Extraction Overlay District. A site plan shall be submitted to the
satisfaction of the County that would include the specific area to be mined, including property
boundaries, phasing, haul road, stripping pile locations, processing area, scale site, buildings
and proposed end land use within the quarter section. The site plan will form part of Appendix A
within the Gravel Extraction Overlay District once third reading has been granted by County
Council. Upon receiving third reading the Development Permit application can be submitted.
DEVELOPMENT PERMIT APPLICATION REQUIREMENTS:
A Development Permit application for sand and gravel extraction shall include but not be limited
to, the following information. (Note: If a variation of any one of these requirements or
conditions is being proposed (i.e., hours of operation or haul route) by the Applicant, the
applicant will be required to make application for a relaxation for the specific condition(s) only.
This will require approval from the Municipal Planning Commission.)
3.1
Site Development Plan:
a)
the resource(s) being extracted and/or processed (e.g., sand, gravel, clay, marl, etc.)
b)
types of activities (e.g., excavating, gravel crushing, stockpiling);
c)
types and numbers of equipment to be used for each activity;
d)
any known or anticipated regular periods of inactivity;
e)
approximate life span of the development;
f)
size of deposit;
g)
site plan and surrounding land uses on adjacent quarters; and
h)
setbacks from property lines.
36-2
3.2
Mining and Reclamation Sequence:
a)
proposed development area;
b)
mining plan - includes planned sequential mining (phasing), reclamation and locations of
equipment and stockpiles (overburden and topsoil piles);
c)
cross sections of existing land and proposed reclamation;
d)
topsoil and subsoil salvage and replacement;
e)
reclamation plan - includes final grades, slopes and elevations, and final land use;
f)
weed control program.
Note: Once a Development Permit has been issued, any future expansion(s) to the pit
boundaries shall require an amendment to the Gravel Extraction Overlay District to
include the expansion of the pit boundaries prior to a new Development Permit being
issued.
3.3
Extraction Setbacks:
In addition to the setback regulations for the Agricultural District, the following setback
regulations shall apply to all gravel extraction operations:
a) Front Yard- Including
Excavation and Stockpiling
Area
Aggregate Extraction shall meet Provincial requirements of
the Code of Practice for Pits.
b) Rear Yard - Including
Excavation and Stockpiling
Area
Aggregate Extraction shall meet Provincial requirements of
the Code of Practice for Pits.
c) Side Yard - Including
Excavation and Stockpiling
Area
Aggregate Extraction shall meet Provincial requirements of
the Code of Practice for Pits.
d) Watercourse, Waterbody,
Seasonal Creeks
A minimum 30 m undisturbed buffer must be maintained
between pit operations and any watercourse or waterbody
including seasonal creeks and runoff or as determined by
the Province.
e) Setback from Existing
Adjacent Dwellings
A minimum 165.0 m (541.3 ft) distance from the foundation
of an adjacent dwelling to the closest point of the pit. A
shorter setback may be considered if both parties agree to
a lesser setback from the pit operation.
3.4
Dust Control:
The County will be responsible to perform dust control 200 m along the front of each dwelling
and 200 m at each intersection along the designated haul route. Notwithstanding, the County
may waive the dust control requirement for dwellings that are set back a distance of 300 m or
greater from the haul road, if it is determined that the dwelling would not be affected by dust
generated from the haul.
The applicant will be responsible to pay to the County all costs associated for dust control
performed by the County. The applicant will be required to submit a Letter of Credit (auto
renewal) for the cost of one application of calcium chloride.
The applicant shall be required to perform dust control within the pit area, at their expense to the
satisfaction of the County.
36-3
3.5
Noise Control:
The applicant shall provide a written plan detailing the methods intended to be used to address
noise emanating from operations within the development area or on haul roads, resulting from
activities. Items to be covered include but are not limited to the following:
a)
Prior to commencement, a Noise Impact Assessment shall be performed on all proposed
pits that are located less than 800 m from an existing dwelling (on a separate title) to pit
boundary, to determine projected noise levels.
b)
This assessment shall identify the best location for placement of equipment within the pit
boundary for sound attenuation.
c)
Methods to be used to reduce and address noise in situations where the gravel pit is in
close proximity to urban areas, may include, but not be limited to:
i)
positioning the crushing equipment on the pit floor where the walls of the pit will
provide extensive sound attenuation;
ii)
blanketing the crusher;
iii)
the use of straw bales in and around the crusher;
iv)
constructing berms along the pit boundaries;
v)
using alternatives to back up alarms and avoiding the use of engine brakes.
d)
All existing stands of trees and shrubbery outside the development area shall be
preserved to the greatest extent possible for buffering and screening purposes.
3.6
Site Security and Protection:
The applicant shall provide a written site security plan which includes, but is not limited to, the
following:
a)
signage to identify and warn others of dangerous situations or areas;
b)
procedures to be used for monitoring the site at all times; and
c)
methods to be used to restrict public access and to protect wildlife, neighboring livestock
and domestic animals (i.e., fencing).
3.7
Hauling and Operations:
The applicant shall provide written details of the projected hauling operations which includes, but
is not limited to, the following:
a)
anticipated number of trucks hauling per day;
b)
average and maximum number of loads per day;
c)
proposed haul route (trucks are required to haul on approved haul route only);
d)
all trucks shall tarp loads prior to leaving the site and entering onto a public roadway.
(Note: verification will be required to ensure that all trucks are equipped with means to
tarp loads);
e)
local road bans will be in effect;
f)
gravel operations (i.e., stripping, on-site sales, reclamation) shall be limited to the hours of
7:00 a.m. to 7:00 p.m., 6 days per week, year round, and the gravel pit shall be closed on
Sundays and statutory holidays;
36-4
g)
hauling shall be limited to the hours of 7:00 a.m. to 7:00 p.m., 6 days per week,
year-round, and the hauling shall not occur on Sundays and statutory holidays. There are
no restrictions for hauling on ban free roads;
h)
crushing and/or screening shall be permitted as follows: for a pit that is less than 800 m
from an existing dwelling (on a separate title) to the pit boundary, crushing and/or
screening is limited to the hours of 7:00 a.m. to 7:00 p.m., 6 days per week, to a maximum
of 10 weeks per year, and crushing and/or screening shall not occur on Sundays and
statutory holidays (An increase in the number of weeks may be considered if a variance is
granted by MPC); and
for a pit that is greater than 800 m from an existing dwelling (on a separate title) to the pit
boundary, crushing and/or screening is permitted 24 hours per day, 7 days per week, to a
maximum of 10 weeks per year (An increase in the number of weeks may be considered if
a variance is granted by MPC);
i)
the County Manager has the authority to vary the hours and days of operations {listed in
paragraphs 3.7 (f), (g) and (h)} under special circumstances.
3.8
Environmental Assessment:
If the proposed development is located within an identified Environmentally Significant Area, the
applicant will be required to submit an Environmental Review in accordance with the Land Use
Bylaw. The Environmental Review must be prepared by a certified professional and must have
the appropriate seal of the certified professional.
3.9
Historical Assessment:
The applicant may be required to submit a Historical Assessment in accordance with Historical
Resources Management.
RECLAMATION:
4.1
Soils shall be reclaimed in accordance with the approved plans and the guidelines specified by
the Code of Practice for Pits. There shall be no sale of overburden materials without the
appropriate approvals from the County. The reclamation shall be completed as per the
approved plan.
4.2
Potential soil erosion risk shall be minimized by seeding the stockpiled soils and reclaimed pit
with a certified weed-free grass mixture to enable rapid growth of vegetative cover.
4.3
Soil remediation will be required if soil contamination occurs as a result of equipment,
equipment maintenance or repair.
4.4
Topsoil, subsoil, overburden and gravel materials must be stockpiled in accordance with the
approved Plan.
FULL COST RECLAMATION SECURITY:
5.1
The purpose of the reclamation security is to ensure adequate funds are set aside to reclaim the
pit if the applicant is unable or unwilling to carry out their reclamation requirements.
5.2
A third party estimate shall be submitted to the County for the full cost of reclamation for Class 2
pits (under 5.0 ha/12.5 ac). The applicant shall submit to the County the full cost of reclamation
in the form of a Letter of Credit (auto renewal). The security will be reviewed every five years,
and, if at that time, it is determined to be insufficient, the County may request additional security
36-5
be submitted. For Class 2 pits, a Development Permit will not be issued until all conditions
regarding the security have been met to the satisfaction of the County.
5.3
For Class 1 pits (5.0 ha/12.5 ac or greater), a reclamation security for the full cost of reclamation
will be required to be submitted to Alberta Environment and Parks. Confirmation of Provincial
registration will be required to be submitted to the County prior to the commencement of the pit
operation.
AGREEMENTS & LEVIES:
The applicant may be required to enter into a Development Agreement and Road Use
Agreement(s) to the satisfaction of the County. All applicable fees and securities must be in
place prior to issuance of a development permit. The security and/or scheduled fees may
include but are not limited to:
a)
Reclamation Deposit;
b)
Road Use Agreement;
c)
Development Agreement;
d)
Community Aggregate Payment (CAP). The applicant shall report to the County all
shipments of aggregate in tonnes from the pit on a quarterly basis. A levy rate will be
applied per tonne of aggregate. (The current levy fee will apply.)
OTHER CONSIDERATIONS:
7.1
The applicant shall register with the Alberta Sand & Gravel Association (ASGA) and comply with
the ASGA Truck Registry Minimum Operating Standards. All trucks shall display the ASGA
Truck Registry four-digit identification number with a valid year decal.
7.2
Appropriate trash bins must be located on site; no garbage is to be imported to the site; and all
seasonal shut down garbage, recyclables and used oil are to be removed to an approved
disposal facility.
7.3
Portable, commercially serviced toilets shall be used at all times.
7.4
An annual report on the status of the gravel pit must be submitted to Red Deer County. This
report is to include the mining activities that have occurred during the calendar year complete
with confirmation that the conditions of the development permit are being followed (i.e., hours of
operation, haul route).
7.5
A roadside development permit from Alberta Transportation shall be submitted if required.
7.6
The applicant will be responsible to obtain all necessary approvals under the Water Act.
7.7
Failure to comply with the conditions imposed in the Development Permit may result in the
automatic termination of the permit.
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APPENDIX
ALISTING OF SITES IN GRAVEL OVERLAY DISTRICT
SE 24-35-4-5
Crawford
SE 34-34-4-5
Byers / Morton
NW 13-35-4-5
Nickerson
NW 28-38-23-4
Bablitz
NE 3-38-24-4
Lozynski
SE 28-34-2-5
Reber
NW 20-34-3-5
Zimmerman
NE 2-38-28-4 (Blk B, Plan 882 0045)
Ninkovich mining this parcel
NE 12-36-2-5 & Lot 1, Plan 772 1399
Wold
SE 29-36-28-4, SE 21-35-26-4
NE 29-35-24-4 & SW 28-36-23-4
Stockpile Sites
NW 32-38-22-4
656738 Alberta Ltd. (Hansen)
NW 34-37-25-4
Tarific
SW 21-36-28-4
Bettenson (Bruneau)
SW 32-37-27-4
Blair Coleman
NE 24-35-4-5
Howell's (McKain)
SW 35-34-4-5
Hopkins
NW 19-36-24-4
JJG Holdings
SW 3-38-24-4
J. T. Setters (Hanniford)
NE & NW 6-35-2-5 & SW 7-35-2-5
Marshall
NE 2-38-28-4
Ninkovich
NW & SW 9-38-25-4 & SE 8-38-25-4
Pidherneys (Corrigan)
NE 8-38-25-4
Pidherneys (Plastow)
SW 13-35-2-5 & SE/NE 14-35-2-5
Pidherneys (Curtice)
SW 28-34-2-5
Pidherneys (Kure)
NE & NW 3-37-25-4 & NE & SE 4-37-25-4
Pine Lake Sand & Gravel
SE & SW 20-36-25-4
Stewart Construction
NE & NW & SE 30-34-2-5
Vince Walker
NE 20-36-4-5
Richardson (Patras)
NE 9-37-25-4
Bar VJ
SE 31-37-27-4
Bettenson's
NW 3-38-24-4 & NE 4-38-24-4 &
SE 9-38-24-4
Border (Young)
Sec. 12-39-27-4
Border (Sage)
NE 11 & NW 12-38-28-4
Border (Asphalt Plant @ Fort Normandeau)
SW 9-39-26-4 & NW 9-39-26-4 &
NE 8-39-26-4 & SE/SW 17-39-26-4
Border (Hazlett)
NE 28-37-27-4
Border (Bryant)
SW 20-34-3-5
Eagle Ridge
SW 4-38-24-4
Hansen (Getz)
NE & SE 19-36-28-4
Richardson (McKinnon)
NW 16-36-25-4
JJG Holdings (Robinson)
NE 28-36-25-4
JJG Holdings (Sawyer)
NE & NW & SW 35-37-25-4
Janssen
36-7
NE 29-35-25-4 & SE 32-35-25-4
South Rock Ltd.
NW 5-36-28-4
Malcolm
NE 8-36-28-4
Howell's Ltd. Excavating
SW 21-36-25-4
Stewart Construction (Graham)
NE & SE & SW 5-37-28-4
Schropfer / Martinowski / Bodwell
NW 1-35-3-5
Tye Enterprises
SE 8-36-28-4
Parsonage
NE 12-35-3-5
Ant Construction
NE 36-34-3-5
Mixcor (Thorpe Pit)
NW 2-38-24-4
Clutton
NE 1-38-24-4 & NW 1-38-24-4
Moran/Giesbrecht
East 1/2 5-36-28-4
Richardson (P & H Ranching)
NW 24-35-4-5
Ebbesen
NW/SW 31-34-2-5
Mixcor (Anchor Y)
NW 4-37-28-4
Burnco (Pixley)
NW/SW 1-39-27-4
Swinston
NW/SW 21-37-28-4
Pinehill Hutterite
SE 16-36-2-5
Howell's Ltd. Excavating
36-8
36-9
36-10
37-1
PART 37
SCHEDULE B - HISTORIC SIGNIFICANCE OVERLAY DISTRICT
1.
PURPOSE
1.1
The purpose of this district is to promote community awareness of actual or potential heritage
and historically significant sites or buildings, and to provide a means whereby identified sites or
buildings may be preserved with available and practical means from time to time
1.2
Permitted Uses
1.3
The uses listed as permitted in the underlying land use district.
1.4
Discretionary Uses
1.5
Those uses listed as discretionary in the underlying land use district that will, in the sole
discretion of the Development Authority, maintain and achieve the general purpose of this
district.
2.
REGULATIONS
2.1
This overlay will provide that an identified site or building of potential historical significance shall
not be demolished, or in the case of sites disturbed, until such time as an evaluation of the
heritage or historical significant of the site or building has been carried out. The bylaw
encourages but does not require that any renovations undertaken be sympathetic to the
historical integrity of the site.
2.2
It is not the intent of this bylaw to set these properties up to later be designated as Municipal,
Provincial, Registered, or Federal Heritage resources. In the event that any change of the
properties listed within this bylaw to any other heritage designation were proposed, it is the
intent that such a shift would occur only with the agreement of the owner. A change in
designation would require an amendment to this land use bylaw.
2.3
The owner must give 45 days notice to the Development Officer of the proposed demolition of
any of the buildings or the disturbance of sites included in this district. The Development Officer
will cause a historical evaluation to be carried out to the satisfaction of the Development
Authority.
2.4
Pursuant to 2.3, the County may register a caveat under the Land Titles Act in respect to the
45 day notification of building demolition or site disturbance requirement against the certificate
of title for land that is the subject of this overlay.
2.5
The buildings and/or sites, which are included in this district, are listed as the following:
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to facilitate double-sided printing
38-1
PART 38
SCHEDULE C - RED DEER REGIONAL AIRPORT VICINITY OVERLAY
REGULATIONS
A SCHEDULE TO THE LAND USE BYLAW OF RED DEER COUNTY, IN THE PROVINCE OF
ALBERTA, FOR THE PURPOSE OF REGULATING THE USE OF LANDS FOR THE
PROTECTION OF THE RED DEER REGIONAL AIRPORT.
WHEREAS Red Deer County has entered into an agreement with His Majesty the King in Right
of Canada, represented by the Minister of Transport, pursuant the Aeronautics Act of Canada,
to authorize Red Deer County to regulate the use of lands adjacent to or in the vicinity of the
Red Deer Regional Airport within Red Deer County for the purpose of ensuring that any use is
not incompatible with the safe operation of the said Airport or of any aircraft using the Airport;
AND WHEREAS Red Deer County has the authority to enter into the above agreement
pursuant to the Municipal Government Act (MGA) as amended;
AND WHEREAS, while making regulations under the requirements of the Aeronautics Act and
the Municipal Government Act, the Council shall have due regard to the safety and welfare of
the public, both as users of the Airport and for those members of the public who live in or are
passing through the vicinity of the Red Deer Regional Airport;
AND WHEREAS all persons who deem their interest in property is affected by this schedule to
the land use bylaw have, before the passage hereof, been afforded an opportunity to be heard
on the matters contained herein before the Council of Red Deer County, all in accordance with
the requirements of the Municipal Government Act;
NOW THEREFORE the Council of Red Deer County enacts as follows:
SHORT TITLE
1.
This Schedule to the Land Use Bylaw may be cited as the "Red Deer Regional Airport Vicinity
Overlay Regulations."
INTERPRETATION
2. (1)
In this Schedule,
Airport means the Red Deer Regional Airport, in Red Deer County, in the Province of Alberta;
Airport Reference Point means the point described in Part I of Appendix 'A' forming a part of
this Schedule;
Approach Surfaces means the imaginary inclined planes that extend upward and outward from
each end of a Strip, which planes are more particularly described in Part II of Appendix 'A'
forming a part of this Schedule;
County Manager means the Chief Administrative Officer of Red Deer County;
Minister means the Minister of Transport of Canada or his authorized representative;
Outer Surface means an imaginary plane located above and in the immediate vicinity of the
airport, which plane is more particularly described in Part III of Appendix 'A' forming a part of
this Schedule.
38-2
Strip means the rectangular portion of the landing area of the Airport, including the runway, that
is prepared for the take-off and landing of aircraft in a particular direction, which rectangular
portion is more particularly described in Part IV of Appendix 'A' forming a part of this Schedule;
and
Transitional Surfaces means the imaginary inclined planes that extend upward and outward
from the lateral limits of the Strip and the Approach Surfaces, which planes are more particularly
described in Part V of Appendix 'A' forming a part of this Schedule.
2. (2)
For the purposes of this Schedule, the elevation of the Airport Reference Point is 2968 m above
sea level.
APPLICATION
3.
This Schedule applies to all land, including public road allowances, that is adjacent to or in the
vicinity of the Airport, which land is more particularly described in Part VI Appendix 'A' forming a
part of this Schedule.
BUILDING RESTRICTIONS
4.
No person shall erect or construct, on any land to which this Schedule applies, any building,
structure or object or any addition to any existing building, structure or object, the highest point
of which will exceed in elevation at the location of that point of:
a)
the Approach Surfaces; or
b)
the Outer Surface; or
c)
the Transitional Surfaces.
GENERAL
5.
The provisions of Sections 643 and 621 (1) of the Municipal Government Act and Section 5.8 of
the Aeronautics Act apply to this Schedule.
AERONAUTICAL FACILITIES
6.
No owner or lessee of any land to which this Schedule applies shall permit any part of that land
to be used or developed in a manner that causes interference with any signals or
communications to and from
a)
any aircraft; or
b)
any facilities used to provide services relating to aeronautics.
NATURAL GROWTH
7.
No owner or lessee of any land to which this Schedule applies shall allow an object of natural
growth to exceed a height in elevation at the location of that point of:
a)
the Approach Surfaces; or
b)
the Outer Surface; or
c)
the Transitional Surfaces.
INSPECTION
8.
The County Manager or his delegate is authorized to enter, at all reasonable times, upon any
property to ascertain whether the provisions of this Schedule are being obeyed.
38-3
ENFORCEMENT
9.
Any person who violates any provision of this Schedule shall be guilty of an offence punishable
on summary conviction.
PENALTIES
10.
Any person who is convicted of an offence under this Schedule is liable to the punishments
contained in Section 7.3, subsections (4) to (7) inclusive, of the Aeronautics Act.
OTHER ACTION
11.
Nothing herein contained shall prevent the Minister or Red Deer County from taking such other
lawful action as is necessary to prevent or remedy any violation or breach of this Schedule.
EFFECTIVE DATE OF SCHEDULE
12.
This Schedule, being a Schedule to the Red Deer County Land Use Bylaw, shall come into
force and take effect upon registration with the Clerk of the Privy Council of the Land Use
Bylaw.
APPENDIX 'A' (TO SCHEDULE C OF THE RED DEER COUNTY LAND USE BYLAW - RED DEER REGIONAL
AIRPORT VICINITY OVERLAY REGULATIONS)
PART I
DESCRIPTION OF THE AIRPORT REFERENCE POINT
The Airport reference point, shown on Red Deer County Regional Airport Height Limitation Map,
dated May 10, 2006, (copy of said map attached and forming part of this Appendix to the
Schedule) is a point located by the following co-ordinates:
6 NM SSW of the City of Red Deer.
N52 10' 43" W 113 53' 35"
PART II
DESCRIPTION OF THE APPROACH SURFACES
The approach surfaces, shown on Red Deer County Regional Airport Height Limitation Map,
dated May 10, 2006, are planes extending upward and outward from each end of the strip
associated with runways 16-34 and 11-29 which are described as follows:
a)
an inclined plane abutting the end of the strip associated with runway approach 16
having a ratio of 1 m measured vertically to 40 m measured horizontally rising to an
imaginary horizontal line drawn at right angles to the projected centre line of the strip
and distance 3,000 m measured horizontally from the end of the strip; the outer ends of
the imaginary horizontal line being 500 m from the projected centre line; said imaginary
horizontal line being 78.35 m above the elevation at the end of the strip;
b)
an inclined plane abutting the end of the strip associated with the approach to runway 34
having a ratio of 1 m measured vertically to 40 m measured horizontally rising to an
imaginary horizontal line drawn at right angles to the projected centre line of the strip
and distance 3,000 m measured horizontally from the end of the strip; the outer ends of
the imaginary horizontal line being 500 m from the projected centre line; said imaginary
horizontal line being 71.70 m above the elevation at the end of the strip.
c)
an inclined plane abutting the end of the strip associated with runway approach 11
having a ratio of 1 m measured vertically to 25 m measured horizontally rising to an
imaginary horizontal line drawn at right angles to the projected centre line of the strip
and distance 3,000 m measured horizontally from the end of the strip; the outer ends of
the imaginary horizontal line being 228 m from the projected centre line; said imaginary
38-4
horizontal line being 114.85 m above the elevation at the end of the strip;
d)
an inclined plane abutting the end of the strip associated with runway approach 29
having a ratio of 1 m measured vertically to 25 m measured horizontally rising to an
imaginary horizontal line drawn at right angles to the projected centre line of the strip
and distance 3,000 m measured horizontally from the end of the strip; the outer ends of
the imaginary horizontal line being 228 m from the projected centre line; said imaginary
horizontal line being 125.24 m above the elevation at the end of the strip;
PART III
DESCRIPTION OF THE OUTER SURFACE
The outer surface shown on Red Deer County Regional Airport Height Limitation Map, dated
May 10, 2006, is an imaginary plane established at a constant elevation of 45 m above the
elevation of the airport of the airport reference point, except that where that plane is less than
9 m above the surface of the ground, the outer surface is located 9 m above the surface of the
ground.
PART IV
DESCRIPTION OF THE STRIP
The strips, shown on Red Deer County Regional Airport Height Limitation Map, dated
May 10, 2006, are described as follows:
a)
the strip associated with runway 16-34 is 30 m in width, 15 m being on each side of the
centre line of the runway, and 1,685 m in length.
b)
the strip associated with runway 11-29 is 30 m in width, 15 m being on each side of the
center line of the runway, and 1,051 m in length.
PART V
DESCRIPTION OF THE TRANSITIONAL SURFACES
The transitional surfaces, shown on Red Deer County Regional Airport Height Limitation Map,
dated May 10, 2006, for runways 16 and 34 are inclined planes rising at a ratio of 1 m measured
vertically to 7 m measured horizontally at right angles to the centre line and projected centre line
of the strip and extending upward and outward from the lateral limits of the strip and its
approach surfaces to an intersection with the outer surface.
The transitional surfaces, shown on Red Deer County Regional Airport Height Limitation Map,
dated May 10, 2006, for runways 11 and 29 are inclined planes rising at a ratio of 1 m measured
vertically to 5 m measured horizontally at right angles to the centre line and projected centre line
of the strip and extending upward and outward from the lateral limits of the strip and its
approach surfaces to an intersection with the outer surface.
The elevation of a point on the lower edge of each transitional surface between the thresholds is
equal to the elevation of the nearest point on the centre line. The elevation of a point on the
lower edge of each transitional surface between the threshold and the end of the strip is equal
to the elevation of the threshold.
PART VI
DESCRIPTION OF THE LAND TO WHICH THIS SCHEDULE APPLIES
The outer boundary of the land to which this Schedule applies, shown on Red Deer County
Regional Airport Height Limitation Map, dated May 10, 2006, is a circle with a radius of 4,000 m
centered on the airport reference point.
38-5
38-6
The Council of Red Deer County, in the Province of Alberta enacts as follows:
FIRST READING: SEPTEMBER 6, 2022
SECOND READING: NOVEMBER 1, 2022
THIRD READING: NOVEMBER 1, 2022
MAYOR
Date Signed:
COUNTY MANAGER
Date Signed: