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Town of Rimbey
Bylaw 1008/24
LAND USE BYLAW
Schedule A
Approved August 26, 2024
L A N D U S E B Y L A W
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Town of Rimbey Bylaw 1008/24
2024
AMENDMENTS TO LAND USE BYLAW #1008/24
All amendments to the Land Use Bylaw of the Town of Rimbey #1008/24 must be passed as a
bylaw. Any bylaw requires three (3) separate hearings by Town Council under Section 187 of the
Alberta Municipal Government Act (MGA), and a public hearing must be held by Council prior to
Second Reading of the proposed bylaw under Section 692 of the MGA.
Bylaw #
Date
Description
L A N D U S E B Y L A W
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Town of Rimbey Bylaw 1008/24
2024
Table of Contents
PART 1 - ENACTMENT __________________________________________________________ 7
1.1
TITLE _____________________________________________________________________ 7
1.2
PURPOSE __________________________________________________________________ 7
1.3
APPLICATION _______________________________________________________________ 7
1.4
EFFECTIVE DATE ____________________________________________________________ 7
1.5
CONFORMITY WITH THE BYLAW _______________________________________________ 7
1.6
OTHER LEGISLATIVE REQUIREMENTS ____________________________________________ 8
1.7
SEVERABILITY ______________________________________________________________ 8
1.8
TRANSITION _______________________________________________________________ 8
PART 2 - INTERPRETATION _____________________________________________________ 9
2.1
RULES OF INTERPRETATION ___________________________________________________ 9
2.2
DEFINITIONS ______________________________________________________________ 10
PART 3 - GENERAL ADMINISTRATIVE PROCEDURES ________________________________ 24
3.1
CONTROL OF DEVELOPMENT _________________________________________________ 24
3.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ________________________ 24
3.3
NON-CONFORMING BUILDINGS AND USES ______________________________________ 25
3.4
DEVELOPMENT APPROVAL AUTHORITIES _______________________________________ 25
PART 4 - DEVELOPMENT APPLICATION PROCESS ___________________________________ 26
4.1
APPLICATION FOR DEVELOPMENT _____________________________________________ 26
4.2
REFERRAL OF APPLICATIONS _________________________________________________ 27
4.3
DECISION PROCESS - DEVELOPMENT AUTHORITY ________________________________ 27
4.4
DECISION PROCESS - SUBDIVISION AUTHORITY __________________________________ 29
4.5
VARIANCE AUTHORITY ______________________________________________________ 30
4.6
DEVELOPMENT PERMITS AND NOTICES ________________________________________ 31
4.7
DEVELOPMENT AGREEMENTS AND SECURITIES __________________________________ 33
PART 5 - DEVELOPMENT APPEAL PROCESS _______________________________________ 35
5.1
APPEAL PROCEDURE ________________________________________________________ 35
5.2
APPEAL HEARING __________________________________________________________ 36
5.3
APPEAL DECISION __________________________________________________________ 36
PART 6 - BYLAW AMENDMENT PROCESS _________________________________________ 38
6.1
APPLICATION FOR AMENDMENT ______________________________________________ 38
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Town of Rimbey Bylaw 1008/24
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6.2
PUBLIC HEARING PROCESS ___________________________________________________ 38
PART 7 - ENFORCEMENT ______________________________________________________ 40
7.1
CONTRAVENTION __________________________________________________________ 40
PART 8 - GENERAL REGULATIONS _______________________________________________ 42
8.1
ACCESSORY BUILDINGS AND USES _____________________________________________ 42
8.2
AIR SUPPORTED AND FABRIC-COVERED STRUCTURES _____________________________ 43
8.3
BARE LAND CONDOMINIUM _________________________________________________ 43
8.4
BUILDING HEIGHT __________________________________________________________ 43
8.5
CORNER AND DOUBLE FRONTING PARCELS _____________________________________ 44
8.6
CURB CUTS _______________________________________________________________ 44
8.7
DESIGN, CHARACTER AND APPEARANCE OF BUILDINGS AND STRUCTURES ____________ 45
8.8
DEVELOPMENTS ON OR NEAR SLOPES __________________________________________ 47
8.9
DEVELOPMENTS NEAR WATER ________________________________________________ 47
8.10
DWELLING UNITS ON A PARCEL _______________________________________________ 47
8.11
EMERGENCY ACCESS TO BUILDINGS ___________________________________________ 48
8.12
EXCAVATION, STRIPPING AND GRADING _______________________________________ 48
8.13
EXISTING SUBSTANDARD LOTS _______________________________________________ 49
8.14
FENCES ___________________________________________________________________ 49
8.15
FLOODPLAIN DEVELOPMENT _________________________________________________ 51
8.16
LANDSCAPING _____________________________________________________________ 52
8.17
LIMITED ACCESS TO MAJOR ROADS ____________________________________________ 54
8.18
OBJECTIONABLE ITEMS IN YARDS _____________________________________________ 54
8.19
ON-SITE AND OFF-SITE SERVICES AND IMPROVEMENTS ___________________________ 55
8.20
PROJECTIONS OVER YARDS __________________________________________________ 55
8.21
PUBLIC LANDS AND TOWN BOULEVARDS _______________________________________ 58
8.22
PUBLIC UTILITY BUILDINGS AND EASEMENTS ____________________________________ 58
8.23
RELOCATION OF BUILDINGS OR STRUCTURES ____________________________________ 59
8.24
RESIDENTIAL AND INDUSTRIAL USES ADJACENT __________________________________ 60
8.25
TEMPORARY STRUCTURES ___________________________________________________ 60
PART 9 - SPECIFIC USE REGULATIONS ____________________________________________ 62
9.1
BED AND BREAKFAST ESTABLISHMENTS ________________________________________ 62
9.2
CANNABIS PRODUCTION AND DISTRIBUTION FACILITY ____________________________ 62
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Town of Rimbey Bylaw 1008/24
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9.3
CANNABIS RETAIL SALES _____________________________________________________ 63
9.4
CHILD CARE FACILITIES AND FAMILY DAY HOMES ________________________________ 64
9.5
GAS BAR _________________________________________________________________ 64
9.6
HOME BASED BUSINESSES ___________________________________________________ 65
9.7
KENNEL REGULATIONS ______________________________________________________ 66
9.8
MANUFACTURED HOMES ____________________________________________________ 66
9.9
RIDING ARENA, PRIVATE ____________________________________________________ 68
9.10
SOLAR COLLECTORS ________________________________________________________ 69
9.11
USES PERMITTED IN ALL LAND USE DISTRICTS ___________________________________ 69
9.12
WRECKING YARD (AUTO AND EQUIPMENT WRECKAGE SITE) _______________________ 69
9.13 C-CANS _____________________________________________________________________ 70
PART 10 - PARKING, LOADING AND STORAGE FACILITIES ____________________________ 72
10.1
PARKING FACILITIES - GENERAL REGULATIONS __________________________________ 72
10.2
PARKING AREAS ___________________________________________________________ 73
10.3
OFF-STREET LOADING AREAS _________________________________________________ 77
PART 11 - SIGNS _____________________________________________________________ 78
11.1
PURPOSE _________________________________________________________________ 78
11.2
DEFINITIONS ______________________________________________________________ 78
11.3
SIGNS ____________________________________________________________________ 80
11.4
DEVELOPMENT PERMIT FOR SIGNS SUBMISSION _________________________________ 81
11.5
PROHIBITED LOCATION______________________________________________________ 82
11.6
SIGN DEVELOPMENT STANDARDS _____________________________________________ 82
11.7
ADDITIONAL SIGN REGULATIONS _____________________________________________ 87
PART 12 - DISTRICTS AND REGULATIONS _________________________________________ 89
12.1
ESTABLISHMENT OF DISTRICTS AND DISTRICT REGULATIONS _______________________ 89
12.2
LAND USE DISTRICTS ________________________________________________________ 89
12.3
LAND USE DISTRICT MAP ____________________________________________________ 90
12.4
LOW DENSITY RESIDENTIAL (R1) ______________________________________________ 91
12.5
LOW DENSITY GENERAL RESIDENTIAL (R2) ______________________________________ 94
12.6
HIGH DENSITY RESIDENTIAL (R3) ______________________________________________ 99
12.7
MANUFACTURED HOME PARK (MHP) _________________________________________ 103
12.8
MANUFACTURED HOME SUBDIVISION (MHS) ___________________________________ 106
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Town of Rimbey Bylaw 1008/24
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12.9
RESIDENTIAL ESTATE (RE) ___________________________________________________ 109
12.10 COUNTRY RESIDENTIAL (CR) _________________________________________________ 113
12.11 CENTRAL COMMERCIAL (C1) ________________________________________________ 116
12.12 HIGHWAY COMMERCIAL (C2) ________________________________________________ 120
12.13 INDUSTRIAL (M) __________________________________________________________ 124
12.14 PUBLIC SERVICE (PS) _______________________________________________________ 128
12.15 URBAN HOLDINGS (UH) ____________________________________________________ 130
12.16 DIRECT CONTROL (DC) _____________________________________________________ 132
12.17 DIRECT CONTROL DISTRICT - 2020-01 _________________________________________ 133
Town of Rimbey Bylaw 1008/24
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PART 1 - ENACTMENT
1.1
TITLE
The title of this Bylaw shall be the Land Use Bylaw of the Town of Rimbey.
1.2
PURPOSE
The purpose of this Bylaw is to regulate and control the use and development of land and buildings
within the Town to achieve the orderly and economic development of land, and for that purpose,
amongst other things:
(1)
to divide the Town into districts.
(2)
to prescribe and regulate for each district the purposes for which land and buildings may be
used.
(3)
to establish a method of making decisions on applications for development permits including
the issuing of development permits.
(4)
to provide the manner in which notice of the issuance of a development permit is to be given;
and
(5)
to establish the number of dwelling units permitted on a parcel of land.
1.3
APPLICATION
This Bylaw shall apply to the whole of the Town of Rimbey being all lands and buildings contained
within its corporate limits.
1.4
EFFECTIVE DATE
(1)
This Bylaw comes into effect upon the date of its third reading.
(2)
Land Use Bylaw No.762-04, as amended, is hereby repealed.
1.5
CONFORMITY WITH THE BYLAW
(1)
No person shall commence any development within the Town except in conformity with this
Bylaw.
(2)
Compliance with the requirements of this Bylaw does not exempt any person from the
requirements of any adopted Statutory Plan.
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1.6
OTHER LEGISLATIVE REQUIREMENTS
(1)
In addition to this Bylaw, an applicant is responsible for complying with any other applicable
federal, provincial, or municipal legislation or law. The applicant is also responsible for
complying with the conditions of any caveat, covenant, easement or other instrument
affecting a building or land.
(2)
The Town is not responsible for nor does the Town have any obligation whatsoever to
determine what other legislation may apply to a development, nor to monitor or enforce
compliance with such legislation.
(3)
The Development Authority shall not approve an application for a development permit that is
not in conformity with the Town's Statutory Plans.
1.7
SEVERABILITY
(1)
In the event any portion of this Bylaw is found invalid by a Court of Law or is overturned by a
superior jurisdiction, the validity of the remaining portions of the Bylaw shall not be affected.
1.8
TRANSITION
(1)
An application for a Subdivision, Development Permit or amendment to this Bylaw
commenced prior to the coming into force of this Bylaw shall be evaluated under the
provisions of the Town's Land Use Bylaw No.917/16 as amended.
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PART 2 - INTERPRETATION
2.1
RULES OF INTERPRETATION
(1)
Where a word is used in the singular, such a word may also mean plural.
(2)
Where a masculine or impersonal pronoun or adjective is used, such a word may also mean
the feminine or impersonal pronoun or adjective.
(3)
Where a word is used in the present tense, such a word may also mean the future tense.
(4)
The word "person" includes a corporation as well as an individual.
(5)
The words "shall" and "must" require mandatory compliance except where a variance has
been granted pursuant to the Act or this Bylaw.
(6)
Words, phrases, and terms not defined in this part may be given their definition in the Act,
the Alberta Building Code or other provincial legalisation. Other words shall be given their
usual and customary meaning.
(7)
Where a regulation involves two or more conditions or provisions connected by the
conjunction "and" means all the connected items shall apply in combination; "or" indicates
that the connected items may apply singly; and "and/or" indicates the items may apply singly
or in combination.
(8)
All units of measure contained within this Bylaw are metric (SI) standards and are rounded to
the nearest decimal place. For the purpose of convenience, the following conversion factors
are provided:
Metric
Imperial
1 square metre (m2)
10.8 square feet (ft2)
1 hectare (ha)
2.47 acres (ac)
1 kilometre (km)
0.6 mile (mi)
1 metre (m)
3.3 feet (ft)
1 centimetre (cm)
0.4 inch (in)
1 millimetre (mm)
0.04 inches (in)
1 kilogram (kg)
2.2 pounds (lb)
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2.2
DEFINITIONS
For the purposes of this Bylaw and any amendments made hereto, the definitions set out in the
following shall be used. When no definition is provided hereunder, the Town's dictionary of choice
shall be used.
(1)
"abattoir" means a building and/or site used as a slaughterhouse, where animals are killed
and butchered for human or animal consumption.
(2)
"abut" or "abutting" means immediately contiguous or physically touching, and, when used
with respect to a lot or site, means that the lot or site physically touches upon another lot or
site, and shares a property line or boundary line with it.
(3)
"accessory building" means a building separate and subordinate to the principal building, the
use of which is incidental to that principle building and is located on the same lot. A garage
attached to a principal building is deemed to be part of the principal building.
(4)
"accessory use" means any use in a building and/or on a parcel of land which is
supplementary or subordinate to the principal use located in the same building and/or on the
same parcel of land.
(5)
"Act" means the Municipal Government Act, R.S.A. 2000, as amended.
(6)
"adjacent" means land that is contiguous to a particular parcel of land and includes land that
would be contiguous if not for a highway, road, river or stream.
(7)
"adult entertainment" means any building used as "retail" in which books and/or items for a
mature audience are displayed and sold, or a building that shows mature films or live
entertainment.
(8)
"agricultural operation" means an agricultural operation as defined in the Agricultural
Operation Practices Act.
(9)
"agricultural sales and/or service" means a building or site used for "retail" but in which the
goods for sale are vehicles, equipment, or machinery for use in the agricultural industry,
and/or the servicing of vehicles, equipment, or machinery related to the agricultural industry.
(10) "Air supported and fabric-covered structure" means a building where the outer shell is
supported by artificially produced and constantly maintained air pressure above local
atmospheric level or the outer shell pliable membrane across rigid trusses. This may also be
known as a tent structure, but it is not the same as a tent garage.
(11) "amusement arcade" means a building and/or site which operates mechanical and/or
electronic games, and rides, for entertainment purposes.
(12) "animal kennel" means a building and/or site used for the breeding, care, supervision, and/or
housing of animals on either a short- or long-term basis.
(13) "animal shelter" means a building and/or site used for the temporary accommodation and/or
impoundment of animals.
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(14) "appeal body" means the board hearing a subdivision or development permit appeal in
accordance with the Municipal Government Act.
(15) "art gallery" means a building used for the display and "retail" of works of art.
(16) "auction mart" means a building and/or site used for "retail" but in which goods are sold by
an auctioneer and where goods are sold to the highest bidder.
(17) "automotive sales and/or rental" means a building or site used for "retail" but in which the
goods for sale, and/or lease are automobiles, trucks, boats, trailers, recreational vehicles, or
other similar personal vehicles.
(18) "automotive supply store" means a building or site used for "retail" but in which the goods
for sale are related to the use and operation of automobiles, trucks, boats, trailers,
recreational vehicles, or other similar personal vehicles.
(19) "automotive service and/or paint shop" means a building or site used for the repair, servicing,
and/or painting of motor vehicle, boats, trailers, recreational vehicles, or other similar
personal vehicles and may include the sale of automotive fuels, lubricating oils or other like
automotive fluids.
(20) "bakery" means a building used for baking food as well as the "retail" of said food.
(21) "balcony" means a horizontal structure, with a railing, adjoining a building above the first
storey floor level, and intended for use as a private outdoor amenity space with access only
from within the building.
(22) "basement" means the portion of a development which is wholly or partially below grade,
having above grade no more than 1.8 m of its clear height lying below the finished level of the
floor directly above.
(23) "bed and breakfast" mean a home-based business in which an owner occupying a single-
detached dwelling provides temporary accommodation with one meal provided to registered
patrons in exchange for compensation.
(24) "brewery, winery and distillery" means a use where beer, wine, spirits and other alcoholic
beverages are manufactures and that may have areas and facilities for the storage, packaging,
bottling, canning and shipping of the products made.
(25) "brewpub" means a restaurant or drinking establishment where beer, wine or alcoholic spirits
are produced on-site for consumption within the development and for retail sale. The facility
must be appropriately licensed by the Alberta Liquor and Faming Commission.
(26) "building" includes anything constructed or placed on, in, over or under land but does not
include a highway or road or a bridge that forms part of a highway or road.
(27) "bulk fuel and/or fertilizer sales and storage" means the storage of and "retail" of large
quantities of fuel and/or fertilizer.
(28) "c-can" means a metal freight/steel container or a shipping container 2.6m in height, that
is used for the temporary storage of materials and equipment. All C-Cans must meet all
general regulations for C-Cans. See portable storage container definition.
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(29) "campground" means the use of a site managed for the short term stay of tents, campers,
and/or recreational vehicles, but which is not used as year-round storage or accommodation.
(30) "cannabis" means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis
plant seeds and any other substance defined as cannabis in the Cannabis Act (Canada) and its
regulations, as amended from time to time and includes edible products that contain
cannabis.
(31) "cannabis accessory" means cannabis accessory including but not limited to, rolling paper or
wraps, holders, pipes, water pipes, bongs and vaporizers, or any other thing described in the
Cannabis Act (Canada) that is used in the consumption or production of cannabis."
(32) "cannabis lounge" means a development where the primary purpose of the facility is the sale
of cannabis to the eligible public, for the consumption within the premises that is authorized
by provincial or federal legislation. This use does not include cannabis production and
distribution.
(33) "cannabis production and distribution facility" means a development used principally for one
or more of the following activities relating to cannabis:
(a)
The production, cultivation, and growth of cannabis.
(b)
The processing of raw materials
(c)
The making, testing, manufacturing, assembling, or in any way altering the chemical or
physical properties of semi-finished or finished cannabis goods or products
(d)
The storage or shipping of materials, goods or products, or,
(e)
The distribution and sale of materials, goods and products to cannabis retail sales
stores or to individual customers
(34) "cannabis retail sales" means a retail store licensed by the Province of Alberta where:
(a)
where cannabis is sold for consumption off the premises,
(b)
where consumption of cannabis must not occur, and
(c)
that may include the ancillary retail sale or rental of merchandise.
(35) "car/truck wash" means the use of a building and/or site for the cleaning of motorized
vehicles either manually or through an automated process.
(36) "cemetery" means a site used for the burying of the remains of animals and/or humans.
(37) "Certificate of Compliance" means the endorsement by the Development Officer on a survey
document indicating that the building locations on a lot are in compliance with this Bylaw.
(38) "Child Care Facility" means a development intended to provide care, educational activities
and supervision for groups of seven or more children under thirteen (13) years of age during
the day or evening, but does not include overnight accommodation, and is intended to be
operated for at least twelve (12) consecutive weeks each year. This includes daycares, pre-
schools, out-of-school care, and other programs where the primary purpose is the care of
children.
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(39) "commercial recreation and entertainment facility" means a facility or establishment that
provides recreation or entertainment for gain or profit but does not include a casino or adult
entertainment establishment.
(40) "club" means a building and/or site used for the private meeting and social activities of
members of a private organization and which may include space for eating, drinking, and
congregating.
(41) "community centre" means a building and/or site open to the general public and used for
recreational, educational, social and/or cultural activities.
(42) "confined feeding operation" means a confined feeding operation as defined in the
Agricultural Operation Practices Act.
(43) "contracting services" means a building or site used for the operation and storage of
materials and/or vehicles related to the industries of construction, painting, plumbing,
heating, electrical, landscaping, drilling and excavation, paving, maintenance and cleaning.
(44) "convenience store" means "retail" but where the gross floor area does not exceed 186.0 m2
in gross floor area.
(45) "corner lot" means a lot having boundary lines on two or more roads or highways, or with a
road and a highway, at their intersection or junction. Corner lot also means a lot having a
boundary line at a point where a road or highway changes direction by a minimum of 45
degrees within the boundaries of the lot.
(46) "Council" mean the Council of the Town of Rimbey.
(47) "coverage" means the sum of the floor areas at grade of all buildings, both principle and
accessory, on a lot divided by the area of the lot.
(48) "date of issue" means the date on which the notice of a decision of the Development
Authority is published or mailed.
(49) "deck" means a means an uncovered horizontal structure with a surface height greater than
0.6m (2 ft) above grade at any point and intended for use as a private outdoor space.
(50) "development" means:
(a)
an excavation or stockpile and the creation of either of them, or
(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, or
(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 the intensity of use of land or a building or an act done in relation to land or
a building that results in or is likely to result in a change in the intensity of use of the
land or building; and without restricting the generality of the foregoing, includes:
(i)
in the case of a lot used for residential purposes, alterations made to a building or
an additional building on the lot whether or not the building is a dwelling or part
of a dwelling unit,
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(ii)
in the case of a lot used for other than residential purposes, alterations or
additions made to a building on the lot or a use of the lot which would increase
either the capacity of the building or the intensity of use of the lot,
(iii)
the display of advertisements or signs on the exterior of a building or on any land,
(iv)
the deposit of earth, debris, waste materials, refuse, or any other material on any
land, including land already being used for that purpose, or if the natural
topography or drainage is altered,
(v)
the removal of topsoil from land,
(vi)
the recommencement of the use to which land or a building has been previously
put if that use has been discontinued for a period of more than six months,
(vii) the use of land for storage purposes or for the repair of equipment, vehicles or
other kinds of machinery, or
(viii) the removal or demolition of a building.
(51) "development authority" means the development authority of the Town as established by
this Bylaw.
(52) "development permit" means a document authorizing a development issued pursuant to this
Land Use Bylaw.
(53) "discretionary use" means the use of land, or a building provided for in this Land Use Bylaw
for which a development permit may be issued at the discretion of the development
authority upon an application having been made.
(54) "driveway" means a vehicle access route on the parcel which provides access to the driving
surface.
(55) "dwelling unit" means a complete dwelling or self-contained portion of a dwelling, set or suite
of rooms which contains sleeping, cooking and separated or shared toilet facilities, intended
for domestic use, and used or intended to be used permanently, semi-permanently, or
seasonally as a residence for a household, and which is not separated from direct access to
the outside by another separate dwelling unit.
(56) "Essential Public Service" means a fire station, police station or similar service.
(57) "family care facility" means a development which provides resident care service in a dwelling
unit to six (6) or fewer individuals. These individuals may be handicapped, aged, disabled, or
in need of adult supervision and are provided service and supervision in accordance with their
individual needs. Family care facilities include boarding homes for children and group homes.
(58) "family day home" means a dwelling unit used for the temporary supervision or care for a
maximum of six (6) children 0-12 years old, including the residents' own children. In a family
day home a maximum of three (3) children may be under 36 months with a maximum of two
(2) children may be under 24 months. These regulations are the same for Before/After School
Care or Private Babysitting service.
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(59) "farming" means the raising or production of crops, or animals, and includes a single
residence for the farmer, but does not include a "Confined Feeding Operation" as defined by
the Agricultural Operation Practices Act (Chapter A-7, R.S.A. 2000) and all regulations and
amendments passed thereto.
(60) "financial services" means a building used as a bank, credit union, or any other similar
monetary enterprise.
(61) "floor area" means the total area of all floors of all buildings including accessory buildings
located on any lot, excluding the area of basement floors, EXCEPT THAT basement suites in
apartment buildings shall be included in the calculation of floor area.
(62) "floor/area ratio" means the ratio or decimal resulting from dividing the floor area of all
buildings by the total site area of the parcel of land on which the buildings are located.
(63) "fragmented parcel" means a parcel of land that is separated from the balance of a quarter
section by a natural barrier such as a river or a coulee, or by a physical barrier such as a road
or highway.
(64) "front line" means the boundary line of a lot lying adjacent to a highway or road. In the case
of a corner lot, the shorter of the two boundary lines adjacent to the highway or road shall be
considered the front line.
(65) "front yard" means a yard extending across the full width of a lot from the front line of the lot
to the nearest wall of the main building situated on the lot. For the purposes of lakefront
lots, the front line of the lot shall be closest to the lake.
(66) "funeral Home" means a building and/or site used for the organization of funerals, the
preparation of the deceased for burial or cremation, and/or the holding of funeral services.
(67) "gambling and gaming hall" means a building used as a gaming establishment which offers
games of chance including slot machines, table games, video lottery terminals, and/or a bingo
hall.
(68) "garage" means a building or portion thereof which is designated and used for the storage,
marking or the maintenance of personal vehicles.
(69) "gas bar" means a site or portion thereof used for the sale of gasoline, propane and other
fuels, the sale of lubricating oils and other automotive fluids or motor vehicle accessories but
does not include automotive service establishments.
(70) "golf course" means a site used for the purposes of playing golf and which may include a
clubhouse as an accessory use.
(71) "grade" means the average elevation at the finished level of the ground, excluding an artificial
embankment, at any point immediately adjacent to the building. Grade may have been
established in conjunction with a subdivision grade plan prepared by a civil engineer.
(72) "greenhouse" means a building and/or site used to grow and "retail" flowers, trees, shrubs,
vegetables, and/or other plants.
(73) "grocery store" means a building used for "retail" but which sells primarily food items for
consumption off-site, and which has a gross floor area greater than 450 m2.
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(74) "group home" means a building and/or site use in a residential setting for individuals who
require supervision because of their age, disability, or need for rehabilitation, and where
qualified staff are always present.
(75) "habitable floor space" means any room or enclosed space used or useable for human
occupancy, including but not limited to kitchens, bedrooms, living rooms, family rooms and
dens, bathrooms, laundries, pantries, foyers, hallways/entry ways, and areas containing
infrastructure/servicing (furnace, circuit panel, water heater, etc.) but excludes any room or
space not intended primarily for human occupancy including but limited to storage
areas/cellars and undeveloped basements;
(76) "heavy vehicle" means a motor vehicle, alone or together with any trailer, semi-trailer or
other vehicle being towed by the motor vehicle, with a registration gross weight of five (5)
tonnes or more or exceeding eleven (11) metres in total length, excluding recreational
vehicles. A public passenger vehicle, when engaged in the transport of passengers, shall be
deemed to be excluded from the definition of a heavy vehicle.
(77) "head shop" means a retail outlet which specializes in drug paraphernalia related to
consumption of cannabis, other recreational drugs and new age herbs, as well as
counterculture art, magazines, music, clothing and home décor. This does not include
cannabis retail sales or cannabis production and distribution facility.
(78) "height" means the vertical distance between the grade and the highest point of a building
that is not a stairway entrance, a ventilating fan, a skylight, a steeple, a chimney, a
smokestack, a fire wall, or a flagpole, or similar device not structurally essential to the
building.
(79) "highway" means a highway as defined in the Public Highways Development Act, R.S.A. 2000.
(80) "Home based business" means any occupation, trade, profession, or craft carried on by an
occupant of a residential building as a use secondary to the residential use of the building,
and which does not change the character thereof or have any exterior evidence of such
secondary use.
(81) "hospital" means a building and/or site used for medical care, examination, treatment,
surgery and recovery of patients and which may include an extended stay.
(82) "hotel" means a building used for short term stays through the provision of rooms or suites
where rooms are accessed from a common interior corridor, and which may also contain
commercial uses such as restaurants, or convention space.
(83) "Housing, apartment (low rise)" means a residential use consisting of more than four dwelling
units, but which has a height less than 15 metres, but shall not mean row housing.
(84) "Housing, apartment (high rise)" means a residential use consisting of more than four
dwelling units, but which has a height greater than 15 metres, but shall not mean row
housing.
(85) "housing, duplex" means a building with two dwelling units that have sharing one common
wall in the case of side-by-side units, or having the dwelling area located above the dwelling
area of the other in the cases of vertical units, each with a private entry.
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(86) "housing, fourplex" means a building that contains four dwelling units.
(87) "housing, manufactured home" means a transportable factory built residential building
containing one dwelling unit suitable for long term occupancy, designed to be movable,
transported on its own wheels and chassis or other means and arriving at a site ready for
occupancy except for incidental operations such as placement on foundation supports and
connection to utilities. Manufactured homes shall have pitched roofs and eaves and shall
conform to CAN/CSA Z240 MH Series and A277 certified standards. Where a component of a
building is assembled off the building site in such a manner that it cannot be reviewed on site,
off-site reviews shall be carried out to by a qualified safety codes officer to determine
compliance with Safety Codes.
(88) "housing, mixed use" means a building and/or site which has a combination of uses but which
typically entails "retail" or "office" uses on the ground floor and residential uses on the upper
floors.
(89) "housing, mobile" means a factory constructed detached dwelling unit, with an integral
frame, readily relocatable singly or in double modules. Due to the age of the home, they may
not meet the Canadian Standards Association (CSA) A277 Standard or building code
standards.
(90) "housing, row house" means a building with one of three or more dwellings joined side by
side or side to back. Can also include townhouse, garden homes and townhouses attached to
high-rise buildings. Have no dwellings above or below them.
(91) "housing, secondary suite" means a self-contained living space either located in the principle
building or on the same site as the principal building. Secondary suites have a separate
entrance, cooking, sleeping and bathing facilities and are no larger than 70 m². Secondary
suites shall include basement suites and garage suites.
(92) "housing, single detached" means a residential building containing one dwelling unit which is
intended as a permanent residence. Single detached dwellings must be of new construction
and be physically separate from any other residential building. Single detached dwellings do
not include a manufactured home.
(93) "housing, triplex" means a building that contains three dwelling units.
(94) "internal local roads" includes all roads within subdivisions, and all service roads adjacent to
major two-lane highways, minor two-lane highways, and multi-lane highways.
(95) "landfill" means a site operated by the Town for controlled waste management where waste
collected within the municipality is recycled or permanently disposed of.
(96) "lane" means a right-of-way on which motorized vehicles are normally allowed to operate
which is 10 m or less in width.
(97) "lake" means a body of water, free from large quantities of aquatic vegetation, and
characterized by relatively large open water and deep-water zones compared with the shore
zone; and, as defined by the Council of the Town of Rimbey.
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(98) "library" means a building which primarily loans reading and/or visual material to the general
public.
(99) "livestock" means livestock as defined in the Agricultural Operation Practices Act.
(100) "liquor store" means a building and/or site used for "retail" but in which the goods sold are
liquor/alcohol for human consumption.
(101) "lot" means:
(a)
a quarter section,
(b)
a river lot or a lake lot shown on an official plan referred to in the Surveys Act that is
filed or lodged in a Land Titles Office,
(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 other than by reference to a legal subdivision, or
(d)
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 by reference to a plan of subdivision.
(102) "maintenance" means the upkeep of the physical form of any building which does not require
a permit pursuant to the Safety Codes Act. Maintenance will include painting, replacing
flooring, replacing roofing materials, but will not include any activity that will increase the
habitable floor area of any dwelling unit or the internal volume of any building.
(103) "major" means, when added as a prefix or suffix to a use, a use which, due to its nature or
relatively larger scale, will or could have, in the sole opinion of the Development Authority, an
impact on surrounding uses, or which may be intended to serve an area larger than the
immediate or local area.
(104) "Manufacturing, processing, packaging or assembly of goods or materials" means a building
and/or site where materials are merged to assemble a product and where the product is then
packaged for distribution.
(105) "may" is an operative word meaning a choice is available, with no direction or guidance
intended.
(106) "meat processing plant" means the processing and distributing of animal carcasses to
retailers but does not include a kill floor.
(107) "medical clinic" means a building used for the provision of physical and mental health services
on an outpatient basis. Such services may be of a preventative, diagnostic, treatment,
therapeutic, rehabilitative or counselling nature. Health services may include dental offices,
physical therapy, pharmacy, counselling, doctor's offices, chiropractic offices and medical
cannabis clinics.
(108) "medical cannabis clinic" means any business or enterprise whether operated for profit
intended to serve as a means of distributing or providing cannabis for medical purposes as
defined by provincial or federal legislation.
(109) "MGA" means the Municipal Government Act (Chapter M-26, R.S.A. 2000) and all regulations
and amendments passed pursuant thereto.
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(110) "mini storage" means a building and/or site used for containing separate secured indoor
storage units, designed to be rented or leased for private storage of personal goods.
(111) "minor" means, when added as a prefix or suffix to a use, a use which, due to its nature or
relatively smaller scale, will or could have, in the sole opinion of the Development Authority, a
limited impact on surrounding uses, or which may be intended to serve a small or local area.
(112) "motel" means a building or group of buildings on a parcel of land designed and operated for
the provision of rooms or suites for temporary sleeping accommodation where each room
has its own exterior access and may include a restaurant and/or convention services.
(113) "municipality" means the Town of Rimbey.
(114) "museum" means a building and/or site used for the display of artefacts for cultural and
educational purposes.
(115) "nightclub" means a building and/or site featuring live entertainment such as music and
dancing, and in which alcohol and food may also be served to patrons.
(116) "non-conforming building" means a building:
(a)
that is lawfully constructed or lawfully under construction at the date a land use bylaw
affecting the building or the land on which the building is situated becomes effective,
and
(b)
that on the date this land use bylaw becomes effective does not, or when constructed
will not, comply with this land use bylaw.
(117) "non-conforming use" means a lawful specific use:
(a)
being made of land or a building or intended to be made of a building lawfully under
construction, at the date a land use bylaw affecting the land or building becomes
effective, and
(b)
that on the date this land use bylaw becomes effective does not, or in the case of a
building under construction will not, comply with this land use Bylaw.
(118) "office" means a building primarily used for the provision of professional, management,
administrative and consulting services but does not include the use as "retail".
(119) "open space" means land and water areas which are retained in an essentially undeveloped
state and often serve one or more of the following uses: conservation of resources; ecological
protection; recreation purposes; historic or scenic purposes; enhancement of community
values and safety; maintenance of future land use options.
(120) "owner" means:
(a)
in the case of land owned by the Crown in right of Alberta or the Crown in right of
Canada, the Minister of the Crown having the administration of the land, or
(b)
in the case of any other land, the person shown as the owner on the Land Title.
(121) "parcel of land" means the aggregate of one or more areas of land described in a certificate of
title or described in a certificate of title by reference to a plan filed or registered in a land title
office.
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(122) "park" means any parcel of land which is for use by the public for recreational activities,
sporting, or gathering, and which may be left in a natural state or may include man-made
features including area for sporting activities, playgrounds, picnic areas, and/or walking trails.
(123) "parking facility" means a building and/or site used for vehicular parking as a principal use.
(124) "pawn shop" means a building and/or site used for "retail" but in which the goods for sale are
second hand personal items.
(125) "permitted use" means the use of land or a building provided for in a land use Bylaw for
which a development permit shall be issued upon application having been made, if all the
regulations of this Bylaw, and all the matters left to the discretion or the satisfaction of the
Development Authority, have been satisfied to the satisfaction of the Development Authority.
(126) "personal service establishment" means a use relating to the care and appearance of the
body or the cleaning and repair of personal effects. Typical uses include barber shops, beauty
parlours, nail salons, tailors, dressmakers, shoe repair shops, dry cleaning establishments
(pick-up and drop-off only), laundromats, photographic studios, personal fitness activity, and
may include accessory retail sales. This use class does not include escort services, even as an
accessory use.
(127) "portable storage container" means a secure, steel/wood structure that is portable in nature
(e.g. Sea Can, cargo container, shipping container, c-can etc.). See also "c-can" definition.
(128) "porch" means a structure abutting a dwelling having a roof but with walls that are open and
unenclosed to the extent of at least 50% thereof except for removable screens and storm
sashes or awnings, used as a private outdoor amenity space.
(129) "principal building" means a building where the principal use of the site operates from.
(130) "principal use" means the primary purpose or purposes for which a building or lot is used.
(131) "public administration" means the use of a building and/or site for the operation and/or
provision of services by the Municipal, Provincial, and/or Federal governments.
(132) "Real Property Report" means a codified standard adopted by the Alberta Land surveyor's
Association which contains: (a) the legal description of the property and the municipal
address; (b) the dimensions and bearings of all property boundaries as determined by an
actual field survey in accordance with the Surveys Act; (c) the designation of adjacent
properties, roads, lanes, etc.; (d) the location and description of all pertinent improvements
located on the property along with their dimensions and clearances to the property
boundaries; (e) the projections of overhangs or eaves are also shown; (f) the location of any
easements which may affect the property; (g) the location and dimensions of any visible
encroachments onto or off of the property; (h) a list of the registered encumbrances as noted
on the title to the property at the date of the survey; (i) a certification by an Alberta Land
Surveyor duly signed.
(133) "rear line" means the boundary line of a lot lying opposite to the front line of the lot and/or
farthest from a highway or road.
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(134) "rear yard" means a yard extending across the full width of a lot from the nearest wall of the
main building situated on the lot, to the rear line of the lot.
(135) "recreational facility" means a building and/or site used for sports or other active recreational
activities and may include health and fitness clubs, racquet courts, dance studios, martial arts
schools, basketball and volleyball courts, hockey arenas, football and soccer field, and or
other similar sporting fields but not including an outdoor golf course.
(136) "recreational vehicle" means any vehicle, trailer or anything designed to be carried on a
vehicle or trailer that is designed for temporary habitation of people commonly referred to as
a holiday trailer, motor home, camper or tent trailer.
(137) "recycling depot" means a facility used for the purchasing, collection, sorting, packaging, and
temporary storage of empty bottles, cans, and containers or other recyclable and reusable
materials and where storage is contained within an enclosed building.
(138) "religious institution" means a building used for the congregation, meeting, study, and prayer
related to any religious faith.
(139) "repair shop" - means a building and/or site used for the maintenance, and repair of any
goods and/or equipment excluding motor and/or recreational vehicles.
(140) "reserve land" means environmental reserve, conservation reserve, municipal reserve,
community services reserve, school reserve or municipal and school reserve.
(141) "Residential Care Facility" means a private or publicly funded seniors lodge, nursing home,
extended or congregate care facility.
(142) "restaurant" means a use where food is prepared and served on the premises for sale to
patrons, and which may or may not be licensed to serve alcohol and may include
entertainment which is accessory to the preparation and service of food.
(143) "restaurant, drive-thru" means a building where food is prepared and sold for consumption
to patrons, and which offers service through a drive-up window.
(144) "retail" means a use that focuses on the display and sale of goods, wares, or merchandise.
This use includes, but is not limited to drug stores, clothing stores, sporting goods stores and
other similar uses, but does not include retail stores where the majority of total sales are
generated through the sale of adult-oriented materials (clothing, videos, magazines, etc.).
(145) "retaining wall" means a structure constructed to withstand lateral pressure to hold back
earth, loose rock, or similar materials.
(146) "riding arena, private" means a building or structure in which equestrian, athletic or
recreational activities are carried out on the lot upon which the arena is located.
(147) "road" means a right-of-way on which motorized vehicles are normally allowed to operate, or
a road as defined in the Act, but does not include either a highway or a lane.
(148) "salvage yard" means a building and/or site used for the storage and deconstruction of scrap
materials.
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(149) "school" means a use operated by a School Board that provides grade and secondary school
instruction to pupils through courses prescribed or approved by the Provincial Government.
(150) "screening" means a fence, wall, berm, hedge or other barrier providing visual and/or
acoustic separation of sites.
(151) "sea can" See c-can and portable storage container definitions.
(152) "setback" means the perpendicular distance that a development must be set back from the
front, side or rear property boundaries of the parcel as specified in the District in which the
development is located.
(153) "shall" is an operative word which means the action is obligatory.
(154) "shoreline" means the bank of the body of water as determined pursuant to the Surveys Act.
(155) "should" is an operative word which means that, in order to achieve local goals and objectives
it is strongly advised that the action be taken. Exceptions shall be made only under
extenuating circumstances.
(156) "sideline" means the boundary line of a lot lying between a front line and a rear line of a lot.
In the case of a corner lot, the longer of the two boundary lines adjacent to the highway or
road shall be considered a sideline.
(157) "side yard" means a yard extending from the front yard of a lot to the rear yard of the lot and
lying between the sideline of the lot and the nearest wall of the main building.
(158) "sign" means any word, letter, model, picture, symbol, device or representation used as, or
which is, wholly or in part, an advertisement, announcement or direction. Any structure, or
portion thereof, which is used primarily to carry, hold, maintain, support or sustain a sign is
construed as being part of the sign, and except as provided for in this Bylaw, is subject to all
regulations governing signs.
(159) "site" means an area of land designed to accommodate, and intended to be rented for, a tent
or recreational vehicle or cabin.
(160) "solar collector" means any device used to collect sunlight that is part of a system used to
convert radiant energy from the sun into thermal or electrical energy. May also be known as
solar panels.
(161) "subdivision and development appeal board" means a subdivision and development appeal
board appointed pursuant to Town Bylaw and the Act.
(162) "subdivision authority" means the Subdivision Authority established pursuant to the Act
through the Town's Subdivision Authority Bylaw.
(163) "substandard lot" means any lot which is smaller, in area or in any dimension, than the
minimum area or dimension stipulated in the regulations of the District in which the lot is
located.
(164) "temporary development" means a development for which a development permit has been
issued and which exists for a limited time only.
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(165) "theatre" means a building and/or site used to show entertainment including films, live
theatre, or musical performances.
(166) "tourist information centre" means the use of a building and/or site to dispense information
to the travelling public regarding the Town and may also include washrooms, picnic facilities,
or other similar amenities.
(167) "trucking establishment" means any building and/or site where commercial vehicles may
park for a short or long term stay and which may include a "convenience store," "restaurant,"
and/or "gas bar".
(168) "undeveloped lot" means a lot which does not contain a dwelling or any other building, but
which may contain utility services.
(169) "unique site requirements" are a set of site locational requirements which have been
demonstrated to the Town's satisfaction to be necessary for the development of a
commercial or industrial use to be carried out.
(170) "use" means the utilization of a building or parcel of land for a particular type of operation.
(171) "utility" means a utility as defined in the Act, as amended.
(172) "utility installations" means a building and/or site for use by a utility company maintains to
maintain or shelter any equipment used in connection with the utility.
(173) "Variance" means an alteration or change to a standard prescribed by this Bylaw that is
authorized by the Development Authority or the Board.
(174) "veterinary clinic" means a building and/or site used for the medical care and treatment of
animals on either a short term or long-term basis.
(175) "warehouse" means a building and/or site used for the storage of materials, goods, and
products which will ultimately be distributed and for sale at "retail" stores.
(176) "wrecking yard" means land and buildings that are used for the storage and dismantling of
old or wrecked vehicles and / or machinery for the purpose of recycling their components.
(177) "yard" means a part of a parcel of land upon or over which no building is to be erected unless
otherwise provided for in this Bylaw.
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PART 3 - GENERAL ADMINISTRATIVE PROCEDURES
3.1
CONTROL OF DEVELOPMENT
(1)
No development shall be undertaken within the Town unless an application for it has been
approved and a development permit has been issued.
(2)
In the event of a state of emergency (local or provincial) declared pursuant to the Emergency
Management Act, RSA 2000, c.E-6.8. as amended, or because of such an emergency, such
other temporary development or class of temporary development as Council may declare
may be approved in any land use district without compliance with the land use bylaw
regulations.
3.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
(1)
The following development shall not require a development permit:
(a)
The carrying out of works of maintenance or repair to any building or internal
alteration, provided that such works do not include:
(i)
structural alterations; or,
(ii)
major works of renovation that would require a building permit under the Safety
Codes Act.
(b)
Activities as exempted by Section 618 of the Act.
(c)
The use of any such buildings referred to in Section 3.1(2)(b) above, for the purpose
which construction was commenced.
(d)
The use of land for a farm operation on land situated in the Urban Holdings district,
provided that the use or building conforms to the minimum setback requirements
specified in the Land Use Bylaw. Notwithstanding this section, all dwellings are subject
to obtaining a development permit.
(e)
The erection, construction, or maintenance, improvement or alteration of gates or
fences or other means of enclosure less than 1.0 m in height in front yards or inside
yards abutting a road, and less than 2.0 m in rear yards or in other side yards, and the
maintenance, improvement and other alterations of any gates, fences or walls or other
means of enclosure. Notwithstanding, barbs and page wire fences are only permitted
in the Urban Holding and Industrial Land Use Districts.
(f)
All types of fences and windbreaks in the Urban Holding district.
(g)
A temporary building, the sole purpose of which is incidental to the erection or
alteration of a building, for which a permit has been issued under this Bylaw.
(h)
The maintenance and repair of public works, services and utilities carried out by or on
behalf of federal, provincial and municipal public authorities on land which is publicly
owned or controlled.
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(i)
The development of Town owned structures or public works, services and utilities.
(j)
Development within a basement which does not change or add to the uses in a
dwelling, which do not require a building permit under the Safety Codes Act.
(k)
First accessory building which is less than 13.4 m² in area.
(l)
The demolition or removal of any building or structure for which a development permit
would not have been required pursuant to Subsections (d) to (k) when the building or
structure was constructed.
(m)
Dugouts in the Urban Holdings district if they conform to the regulations specified in
this Land Use Bylaw.
(n)
Fire pits if they conform to the regulations specified in this Land Use Bylaw.
(i)
the combustion area is contained and screened,
(ii)
the outside diameter is no more than 1.0 metres (three feet), and
(iii)
the pit is set back from buildings and fences in accordance with the Alberta Fire
Code.
(o)
Landscaping provided that the grades and overland water flows are not substantially
altered.
(p)
The construction of a deck, provided that the deck is uncovered, and the walking
surface is less than 60 cm (2 feet) above grade.
(q)
Solar Collectors located and installed in complete conformity with section 9.10.
(2)
The placement of portable storage containers / c-cans that meet all requirements listed in
section 9.13(11) and 9.13(12). All items listed in 3.2(1) require compliance with all
applicable provincial, federal and Town of Rimbey bylaws and policies.
3.3
NON-CONFORMING BUILDINGS AND USES
(1)
Non-conforming buildings and non-conforming uses shall be treated in accordance with the
Act, and any amendments thereto.
3.4
DEVELOPMENT APPROVAL AUTHORITIES
(1)
The Development Authority is hereby established by Bylaw pursuant to the Act.
(2)
The Development Authority shall exercise development powers and duties on behalf of the
Town.
(3)
The Development Authority shall be the Development Officer, or where the context of this
Bylaw permits, the Council.
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PART 4 - DEVELOPMENT APPLICATION PROCESS
4.1
APPLICATION FOR DEVELOPMENT
(1)
An application for a development permit shall be completed and submitted to the
Development Authority in writing, in the form required by the Development Authority, and
shall be accompanied by:
(a)
A site plan showing the legal description; the front, rear, and side yards, if any; any
provision for off-street loading and vehicle parking; and access and egress points to the
site.
(b)
The presence of abandoned oil and gas wells in accordance with the Subdivision and
Development Regulation.
(c)
The location and dimensions of all existing and proposed buildings, structures, or uses
on the property.
(d)
Statement of existing and proposed services (i.e. on-site or municipal).
(e)
Identification of existing and proposed road infrastructure that will provide access to
the development.
(f)
A statement of the current and proposed use on the lands; and
(g)
The authorization of the registered landowner.
(2)
The Development Authority may also require additional information to assess the conformity
of a proposed development with this Bylaw before consideration of the development permit
application shall commence. Such information may include floor plans, elevations and
sections of any proposed buildings; drainage, grading and landscaping plans; and, in the case
of the placement of an already constructed or partially constructed building on a parcel of
land, information relating to the age and condition of the building and its compatibility with
the District in which it is to be located. In addition, such additional information may include
assessment by a registered professional engineer of any potential flooding or subsidence
hazard that may, in the sole opinion of the Development Authority, affect the subject site.
(3)
Each application for a development permit shall be accompanied by a fee as established by
Council.
(4)
All applications for development permits on sites within an area covered by an inter-
municipal development plan shall be referred to the other municipality for comments and
recommendation.
(5)
The Development Authority may decide on an application for a development permit
notwithstanding that any information required or requested has not been submitted.
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(6)
In the case where an application for a development permit has been refused pursuant to this
Bylaw or ultimately after appeal to the Appeal Body, the submission of another application
for a permit on the same property and for the same or similar use of the land by the same or
any other applicant need not be accepted by the Development Authority for at least six (6)
months after the date of the previous refusal.
4.2
REFERRAL OF APPLICATIONS
(1)
The Development Authority may refer for comment any matter or any application for a
Development Permit to any authority he deems necessary.
(2)
Notwithstanding 4.2(1), the Development Authority may refer to any adjacent municipality
for consideration and recommendation, any matter or any application for a Development
Permit that relates to lands that abut the municipal boundary.
(3)
Notwithstanding 4.2(1), the Development Authority may refer development in proximity to a
Highway:
(a)
Applications for development located within 0.8 km of the right of way of a multi-lane
highway or a major two-lane highway where the proposed development would have
direct access from the highway shall be referred to Alberta Transportation for comment
prior to any decision by the Development Authority.
(b)
All applications for development located, within 150 m of the right of way of a minor
two-lane highway where the proposed development would have direct access from the
highway may be referred to Alberta Transportation for comment prior to any decision
by the Development Authority.
(4)
Having received a reply on a matter referred to any authority, the Development Authority
shall make a decision giving due consideration to the recommendations and comments
received.
(5)
After thirty (30) days from the date of referral, the application may be dealt with by the
Development Authority whether or not comments have been received.
4.3
DECISION PROCESS - DEVELOPMENT AUTHORITY
(1)
In making a decision, the Development Authority may approve the application
unconditionally, approve the application subject to conditions, approve the application for a
limited period of time as specified in the approval, or refuse the application.
(2)
The Development Authority may require that as a condition of issuing a development permit,
the applicant enter into an agreement in accordance with Section 650 of the Municipal
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Government Act to construct or pay for the construction of roads, pedestrian walkways or
parking areas which serve the development or which connect the walkway with another
walkway system that serves or is proposed to serve an adjacent development, to install or pay
for the installation of public utilities other than telecommunications systems or works, to pay
an off-site levy, and/or to give security to ensure that the terms of the agreement are carried
out.
(3)
In the case where a proposed specific use of land or a building is not provided for in any
District in the Bylaw, the Development Authority may determine that such use is similar in
character and purpose to the definition of a permitted or discretionary use prescribed for a
particular District.
(4)
The Development Authority may approve an application for a development permit for new
development or an application for a development permit that authorizes a non-conforming
building to be enlarged, added to, structurally altered even though the proposed
development does not comply with the regulations of 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 parcels of land, and
(b)
the proposed development conforms to the use prescribed for that land or building in
this Bylaw.
(5)
Upon receipt of an application, the Development Authority must review the application for
completeness within 20 days of the application being received. The Development Authority
shall provide the applicant either:
(a)
A complete letter, if in the opinion of the Development Authority, the application
contains the information necessary to review the application.
(b)
An incomplete letter if in the opinion of the Development Authority, the application is
incomplete. An incomplete letter shall specify:
(i)
the additional information that the Development Authority will require for the
application to be considered complete.
(ii)
the deadline for submission of the additional information or at such other later
date as agreed between the applicant and the Development Authority; and
(iii)
any other information identified as being necessary by the Development
Authority
(c)
Applications that have been issue an incomplete letter, will be
(i)
Issued a complete letter shall be issued once the Development Authority receives
the necessary information.
(ii)
deemed refused if an applicant fails to submit all the outstanding items indicated
as being outstanding in the incomplete letter by the deadline set in the
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incomplete letter, if an application is deemed refused the Development Authority
shall issue a Development Permit refusal. The refusal must give reasons for the
refusal.
(d)
Despite the issuance of a complete letter or incomplete letter, the Development
Authority may request additional information from the applicant if, while reviewing the
application, the Development Authority determines that additional information is
necessary to review the application.
(6)
An application for a development permit shall, at the option of the applicant, be deemed to
be refused if a decision on the application is not made by the Development Authority within
forty (40) days after receipt of the complete application by the Development Authority. The
person claiming to be affected by the deemed refusal may appeal in writing as provided for in
Part 4 of this Bylaw as though he has received a refusal at the end of the forty (40) day period.
The Development Authority and the applicant may in a written agreement extend the 40-day
period in which the Development Authority is to decide on the application.
(7)
A Development Authority may suspend or revoke a development permit in writing to the
applicant at any time:
(a)
Where the permit was issued based on incorrect information, fraud, non-disclosure, or
misrepresentation on the part of the applicant; or
(b)
Where the permit was issued in error.
(8)
If an application is made for a development that is identified as a temporary development in a
land use bylaw, the Development Authority:
(a)
May consider and approve a development for a specific period, not exceeding one year.
(b)
Shall impose a condition on such a permit that the Town is not liable for any costs
involved in the cessation or removal of the development at the expiration of the time
period stated in the permit; and
(c)
May require the applicant to post acceptable security guaranteeing the cessation or
removal of the development. The amount of the security shall the greater of 25% of the
value of the structure or $1,000.
4.4
DECISION PROCESS - SUBDIVISION AUTHORITY
(1)
Upon receipt of an application for subdivision, the Subdivision Authority must review the
application for completeness twenty (20) days of the application being received. The
Subdivision Authority shall provide the applicant either:
(a)
A complete letter, if in the opinion of the Subdivision Authority, the application
contains the information necessary to review the application.
(b)
An incomplete letter if in the opinion of the Subdivision Authority, the application is
incomplete. An incomplete letter shall specify:
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(i)
the additional information that the Subdivision Authority will require for the
application to be considered complete.
(ii)
the deadline for submission of the additional information or such other later date
as agreed between the applicant and the Subdivision Authority; and
(iii)
any other information identified as being necessary by the Subdivision Authority
(c)
Applications that have been issued an incomplete letter, will be
(i)
Issued a complete letter once the Subdivision Authority receives the necessary
information.
(ii)
deemed refused if an applicant fails to submit all the outstanding items indicated
as being outstanding in the incomplete letter by the deadline set in the
incomplete letter. If an application is deemed refused the Subdivision Authority
shall issue a notice to the applicant that the subdivision application has been
refused. The refusal must give reasons for the refusal.
(d)
Despite the issuance of a complete letter or incomplete letter, the Subdivision
Authority may request additional information from the applicant if, while reviewing the
application, the Subdivision Authority determines that additional information is
necessary to review the application.
(2)
An application for a subdivision shall, at the option of the applicant, be deemed to be refused
if a decision on the application is not made by the Development Authority within forty (40)
days after receipt of the complete application by the Development Authority. The person
claiming to be affected by the deemed refusal may appeal in writing as provided for in Part 4
of this Bylaw as though he has received a refusal at the end of the forty (40) day period. The
Development Authority and the applicant may in a written agreement extend the 40-day
period in which the Development Authority is to decide on the application.
4.5
VARIANCE AUTHORITY
(1)
Notwithstanding 4.3(3) the Development Authority may approve an application for a
development permit for a development that is a Permitted or Discretionary Use, but that
does not otherwise comply with the provisions of this Bylaw, if in the opinion of the
Development Authority:
(a)
The proposed development would not unduly interfere with the amenities of the
neighbourhood.
(b)
The proposed development conforms with the use prescribed for that land or building
in this Bylaw.
(2)
Notwithstanding 4.4(1) the Development Authority shall not grant a variance from the
regulations prescribing height, if the height variance results in an increase in floor area, lot
coverage, floor area ratio (FAR), or density.
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(3)
In addition to the considerations provided under 4.4(1), a variance may only be granted if, in
the opinion of the Development Authority:
(a)
The variance requested maintains the intent and purpose of the Municipal
Development Plan.
(b)
The variance requested maintains the intent and purpose of this Bylaw.
(c)
The variance is desirable for the appropriate and orderly development or use of the
land; and
(d)
The variance, in the opinion of the Development Authority, is truly minor in nature.
(4)
All requests for a variance shall be accompanied by a letter from the applicant clearly stating
the reasons for the variance, outlining the applicable criteria identified in 4.4(3), and the
nature of the hardship incurred if the variance is not granted.
(5)
If a variance is granted pursuant to this Section, the Development Authority shall specify its
nature in the Development Permit approval.
(6)
The maximum variance that may be granted by the Development Authority is 20% except for
variances in accordance with 4.5(7).
(7)
The maximum variance that may be granted by the Development Authority is 40% for
setbacks from the property line.
(8)
An accessory building, over 13.4m², built prior to January 1, 2019, may have the minimum
side setback and minimum rear setback requirements varied at the sole discretion of the
Development Authority. The Development Authority is not bound by the maximum variance
in Section 4.5(6) or 4.5(7). In accordance with Section 4.5, a variance application shall be
required, and the applicant must demonstrate that the structure was built prior to January 1,
2019, in a manner deemed satisfactory to the Development Authority.
4.6
DEVELOPMENT PERMITS AND NOTICES
(1)
A development permit does not come into effect until twenty-one (21) days after the date a
decision or development permit is publicized as described in the appropriate section in 4.6 of
this bylaw. Any development proceeded with by the applicant prior to the expiry of this
period is done solely at the risk of the applicant.
(2)
Where an appeal is made pursuant to Part 4 of this Bylaw, a development permit which has
been granted shall not come into effect until the appeal has been determined and the permit
has been confirmed, modified or nullified thereby.
(3)
When a permit has been issued for the development of a permitted use, and no provisions of
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this Bylaw have been relaxed or varied, or when Council decides on a development permit
application within the DC District, no notification shall be given of the decision except to the
applicant.
(4)
When a Development Permit has been issued for a Permitted Use, with or without
conditions, the Notice of Decision must be delivered to the applicant.
(5)
When a Development Permit for a Permitted Use requiring a variance or a Discretionary
Use is approved, with or without conditions or variances, the Notice of Decision must be
delivered to the applicant.
(6)
In addition to 4.6(5), the Development Officer shall do the following:
(a)
Immediately mail a notice in writing to all owners of land adjacent to the subject site;
and/or
(b)
Advertise a notice of the decision to be published on the Town of Rimbey's website.
(9)
In addition to 4.6(5), the Development Officer may, at their discretion,
(a)
Immediately post a notice of the decision conspicuously on the property for which the
development permit application has been issued.
(10) The notice indicated in Subsection 4.6(6) shall state:
(a)
the legal description and the street address of the site of the proposed development,
(b)
the uses proposed for the subject development,
(c)
any discretion that was granted in the approval of the development, whether by use or
by interpretation of this Bylaw, and any variation or relaxation in regulation that was
made by the Development Officer when the development permit was approved,
(d)
the date the development permit was issued, and
(e)
how an appeal may be made to the Appeal Body and the deadline for such appeal.
(11) If the development authorized by a permit is not commenced within twelve (12) months from
the date of the issue of the development permit and completed within three (3) years of the
date of issue, the permit is deemed to be void, unless an extension to this period is granted
by the Development Authority.
(12) When the Development Authority refuses an application for a development permit, the
decision shall contain reasons for the refusal.
(13) For the purposes of this Bylaw, a Notice of Decision, is deemed to have been served:
(a)
if by courier, on the day following delivery.
(b)
if by ordinary mail, seven (7) days from the date of mailing.
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(c)
hand delivery, on the day of delivery.
(d)
if by electronic means, on the day after it was sent; or
(e)
if a Notice of Decision is published on the Town website, on the date the Notice of
Decision appears on the Town website.
4.7
DEVELOPMENT AGREEMENTS AND SECURITIES
(1)
Where a development permit has been granted for the development for any development, as
a condition of approval, the applicant shall be required to provide a cash security, in the sum
outlined in current Fees and Services Bylaw Schedule A, to ensure the completion of any
repairs to Town property. The Town may draw on this security to cover the costs of any
repairs to Town property in the event the applicant fails to complete the repairs within thirty
(30) days of being notified by the Town of the damages.
(2)
Where a development permit has been granted for the development of a housing unit
consisting of two or less units, including housing, duplex;; housing, secondary suite; and,
housing, single detached, as a condition of approval, the applicant shall be required to
provide an irrevocable Letter of Credit, as a security, in the sum outlined in the current Fees
and Services Bylaw, Schedule A, to ensure construction is completed to the satisfaction of the
Development Authority.
(3)
Where a development permit has been granted for the development of a multi-family
residential building, consisting of three or more units a new principal commercial or new
principal industrial building, as a condition of approval, the applicant shall be required to
provide an irrevocable Letter of Credit, as a security, in the sum outlined in the current Fees
and Services Bylaw, Schedule A, to ensure construction is completed to the satisfaction of the
Development Authority. The Town shall register a caveat pursuant to the provisions of the
Land Titles Act and the Municipal Government Act in respect of a Development Agreement
under this Section against the Certificate of Title for the land that is the subject of the
development, which said caveat shall be discharged when the agreement has been complied
with.
(4)
Notwithstanding 4.7(3), in all other circumstances the Town may, at its sole discretion require
the registration of a caveat pursuant to the provisions of the Land Titles Act and the
Municipal Government Act in respect of a Development Agreement under this Section against
the Certificate of Title for the land that is the subject of the development, which said caveat
shall be discharged when the agreement has been complied with.
(5)
The Town may require, any applicant to enter into an agreement to construct or pay for the
construction of public roadways or parking facilities, to install or pay for the installation of
utilities and/or to pay an off-site levy imposed by bylaw or any other conditions as deemed
appropriate. This may involve the applicant posting security with respect to the development
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and paying for construction, where the development requires a road or traffic infrastructure
improvement specifically to accommodate the development. The applicant for a
development permit may be required to provide dust control adjacent to existing residences
located on roads impacted by the development. The Development Authority may require that
commercial vehicular traffic be limited to certain roads when gaining access to and from a
site.
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PART 5 - DEVELOPMENT APPEAL PROCESS
5.1 APPEAL PROCEDURE
(1)
An appeal with respect to a decision on a development permit application is governed by the
Municipal Government Act.
(2)
An appeal may be made to the appropriate Appeal Body in accordance with the Municipal
Government Act.
(3)
The Subdivision and Development Appeal Board, as established by Town Bylaw, shall hear
and decide on an appeal where a Development Authority:
(a)
Refuses or fails to issue a development permit to a person within forty (40) days of
receipt of the application, or
(b)
Issues a development permit subject to conditions, or
(c)
Issues an order under Part 6 of this Bylaw; and
(i)
The person applying for the permit or affected by the order, or any other person
affected by an order, decision or development permit of a Development
Authority appeals to the Subdivision and Development Appeal Board.
(4)
In addition to the Applicant, any person affected by a Development Permit or the
decision on it, may appeal to the Appeal Body.
(5)
Notwithstanding 51 and 5.2, no appeal lies in respect of the issuance of a
development permit for a Permitted Use unless the application was the subject of a
variance.
(6)
An appeal shall be commenced by filing a Notice of Appeal, setting out all the reasons
that the person intends to rely on for the appeal, to the Secretary of the Board within
twenty-one (21) days after the Notice of Decision has been given under Section 4.6.
(7)
A decision on a Development Application within a Direct Control District cannot be
appealed unless the appeal is limited to whether or not the Development Authority
followed the directions of Council. If the Board finds that 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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5.2
APPEAL HEARING
(1)
Within thirty (30) days of receipt of a notice of appeal, the Appeal Body shall hold an appeal
hearing respecting the appeal.
(2)
The Appeal Body shall give at least five (5) days' notice in writing of the appeal hearing to:
(a)
The appellant.
(b)
The Development Authority from whose order, decision or development permit the
appeal is made.
(c)
Those adjacent landowners who were notified under this Bylaw and any other person
who, in the opinion of the Appeal Body, are affected by the order, decision or permit;
and
(d)
Such other persons as the Appeal Body specifies.
(3)
The Appeal Body shall make available for public inspection before the commencement of the
appeal hearing all relevant documents and materials respecting the appeal including:
(a)
The application for the development permit, its refusal and the appeal therefrom; or
(b)
The order of the Development Authority, as the case may be.
(4)
At the appeal hearing referred to in subsection (1), the Appeal Body shall hear:
(a)
The appellant or any other person acting on his behalf.
(b)
The Development Authority from whose order, decision or development permit the
appeal is made, or if a person is designated to act on behalf of the Development
Authority, that person.
(c)
Any other person who was served with notice of the hearing and who wishes to be
heard or a person acting on his behalf; and
(d)
Any other person who claims to be affected by the order, decision or permit and that
the Appeal Body agrees to hear or a person acting on his behalf.
5.3
APPEAL DECISION
(1)
The Appeal Body shall give its decision in writing together with reasons for the decision within
fifteen (15) days of the conclusion of the appeal hearing.
(2)
If the decision of the Development Authority to approve a development permit application is
reversed by the Appeal Body, the development permit shall be null and void.
(3)
If the decision of the Development Authority to refuse a development permit application is
reversed by the Appeal Body, the Development Authority shall forthwith issue the
development permit in accordance with the decision of the Appeal Body.
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(4)
If the decision of the Development Authority to approve a development permit is varied by
the Development Appeal Board, the Development Authority shall forthwith issue the
development permit in accordance with the decision of the Appeal Body.
(5)
A decision made under this part of the Bylaw is final and binding on all parties and all persons
subject only to an appeal upon a question of jurisdiction or law pursuant to the Act. An
application for leave to the Court of Appeal shall be made:
(a)
to a judge of the Court of Appeal; and
(b)
within thirty (30) days after the issuance of the order, decision, permit or approval
sought to be appealed.
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PART 6 - BYLAW AMENDMENT PROCESS
6.1
APPLICATION FOR AMENDMENT
(1)
A person may apply to have this Bylaw amended by applying in writing, furnishing reasons in
support of the application and paying the fee therefore required.
(2)
Council may at any time initiate an amendment to this Bylaw by directing the Development
Authority to initiate an amendment.
(3)
All applications for amendment to the Land Use Bylaw shall be made to the Council and shall
be accompanied by the following, namely:
(a)
An application fee according to the governing fee schedule as amended from time to
time by resolution of Council shall be submitted for each application, but if the
proposed amendment is adopted by Council, Council may determine that the whole or
part of the application fee may be returned to the applicant.
(b)
A title search for the land affected or other documents satisfactory to the Development
Authority indicating the applicant's interest in the said land.
(c)
Drawings drawn to the satisfaction of the Development Authority, which shall be fully
dimensioned, accurately figured, explicit and complete; and
(d)
Any other information deemed necessary by the Development Authority.
(4)
Notwithstanding Subsection (3)(a) above, Council may waive payment of an application fee or
any part thereof.
(5)
During deliberation on the Bylaw amendment application, Council may refer the application
to such agencies as it considers necessary for comment.
(6)
Council may request such information as it deems necessary to reach a decision on the
proposed amendment.
6.2
PUBLIC HEARING PROCESS
(1)
All amendments to this Bylaw shall be made by Council, by Bylaw, and in conformity with the
requirements of the Act with regard to the holding of a Public Hearing.
(2)
Prior to any Public Hearing, the Town shall give notice in accordance with the Act.
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(3)
First reading of a proposed amendment is given before the Public Hearing, and Council may
require that the applicant pay a fee for advertising according to the governing Land Use Bylaw
advertising fee schedule as amended from time to time by resolution of Town.
(4)
Prior to any Public Hearing for a site-specific land use bylaw amendment only, the
Development Authority shall mail a notice in writing to all owners of land adjacent to the
subject site.
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PART 7 - ENFORCEMENT
7.1
CONTRAVENTION
(1)
Where a Development Authority finds that a development or use of land or buildings is not in
accordance with:
(a)
The Act or the regulations made thereunder, or
(b)
A development permit or subdivision approval, or
(c)
This Bylaw.
The Development Authority may, by notice in writing, order the owner, the person in
possession of the land or buildings, or the person responsible for the contravention, or all or
any of them to:
(d)
Stop the development or use of the land or buildings in whole or in part as directed by
the notice, and/or
(e)
Demolish, remove or replace the development, and/or
(f)
Take such other measures as are specified in the notice.
(i)
So that the development or use of the land or buildings is in accordance with the
Act, the regulations made thereunder, a development permit, subdivision
approval or this Bylaw, as the case may be.
(2)
Where a person fails or refuses to comply with an order directed to him under Subsection (1)
above or an order of the Appeal Body within the time specified, the Development Authority
may, in accordance with Section 542 of the Act, with the support of a Peace Officer or
Enforcement Officer, enter upon the land or building and take such action as is necessary to
carry out the order. A person who contravenes or fails to comply with any provision of their
development permit is guilty of an offence and is liable upon summary conviction of a fine.
(3)
Where the Development Authority carries out an order, the Council shall cause the costs and
expenses incurred in carrying out the order to be placed on the tax roll as an additional tax
against the property concerned, and that amount shall be collected in the same manner as
taxes on land.
(4)
A person who contravenes or fails to comply with any provision of this Bylaw is guilty of an
offence and is liable upon summary conviction to a fine not exceeding $10,000.00 or to
imprisonment for not more than one year, or to both fine and imprisonment, pursuant to
Section 566 of the Act.
(5)
A Development Authority may suspend or revoke a development permit which has not been
complied with, following notification, stating the reasons for such action.
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(6)
In addition to the process and penalties described above, the Development Authority, Peace
Officer, Bylaw Officer or any other person identified by the CAO for the purposes of this
Section, shall be authorized to inspect any development to confirm compliance, and if not in
compliance to issue violation tickets in respect to any contravention of this Bylaw.
(7)
Violation Tickets:
(a)
The Development Authority, Peace Officer, Bylaw Officer or any other person identified
by the CAO for the purposes of this section, may issue a violation ticket to any person
alleged to have breached any provision of this Bylaw.
(b)
The violation ticket shall specify the alleged offence committed by the person to whom
the violation ticket is issued and require voluntary payment, or the option of a court
appearance on a date specified and will be dealt with thereafter at the court's
discretion.
(c)
Persons contravening any provision of this Bylaw to whom violation tickets are issued
shall be liable for a penalty of $500.00 for a first offence and $1000.00 for a second or
subsequent offence within the same calendar year. Each day that a breach of the Bylaw
has occurred may be a separate offence.
(d)
The violation ticket shall be served upon the alleged offender personally, or if the
defendant cannot be conveniently found, by leaving it for the defendant at the
defendant's place of residence with a person on the premises who appears to be at
least 18 years of age. If payment is made within the time limit, then such payment shall
be accepted in lieu of prosecution for the offence.
(e)
If a person who has been served with a violation ticket fails to pay the fine specified
therein, then the right of the alleged offender to settle the alleged offence without a
court appearance shall no longer apply and prosecution for the alleged offence shall
proceed.
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PART 8 - GENERAL REGULATIONS
8.1
ACCESSORY BUILDINGS AND USES
(1)
No person shall construct or utilize an accessory building except in compliance with this
section.
(2)
All accessory buildings shall be located at least 2.0 m from any principal building, unless
under 13.4 m² and on a non-permanent foundation.
(3)
An accessory building shall not be used as a dwelling unit.
(4)
An accessory building that contains sanitation facilities shall be designed to the satisfaction
of the Development Authority.
(5)
An accessory building shall not be constructed within the required front yard setback area of
any district.
(6)
Accessory buildings shall be constructed with exterior finish materials that compliment
those of the principal building.
(7)
An accessory building shall not be located on an easement or utility right-of-way, without an
encroachment agreement registered on title in accordance with section 8.21.
(8)
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.
(9)
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.
(10) Accessory buildings under 13.4 m² in size and decks which are uncovered, and the walking
surface is less than 60 cm (2 feet) above grade are not required to meet the setback
requirements for the District in which is it located.
(11) An accessory building, over 13.4m², is required to meet the setback requirements for the
district in which it is located.
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8.2
AIR SUPPORTED AND FABRIC-COVERED STRUCTURES
(1)
All air supported and fabric-covered structures over 13.4 m2 and will be erected for more
than (3) three days require a development permit.
(2)
Air supported and Fabric-Covered Structures used for recreational purposes will be
permitted as a discretionary main building.
(3)
All other Air Supported and Fabric-Covered Structures will be permitted as a discretionary
accessory building.
(4)
Air supported and fabric-covered structures cannot be used for human habitation.
8.3
BARE LAND CONDOMINIUM
(1)
Structures constructed on bare land condominium units shall comply with the general
regulations of this bylaw, including the regulations for the land use district in which the unit
is located.
(2)
For the purposes of this Bylaw, a bare land condominium plan is a plan of subdivision.
8.4
BUILDING HEIGHT
(1)
If the height of a building is required to be measured or determined, it shall be measured by
calculating the average vertical distance between the natural grade, or the average natural
grade in the case of a sloping grade, and the highest point of the building as determined
under Subsection (2).
(2)
In determining the highest points of a building, the following structures shall not be part of
the building: an elevator housing; mechanical housing; roof stairway entrance; ventilations;
a skylight; a steeple; a smokestack; a parapet wall, or a flagpole or similar device not
structurally essential to the building.
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FIGURE 8.4.1 - BUILDING HEIGHT CALCULATIONS
Height Average = (X+Y)/2
8.5
CORNER AND DOUBLE FRONTING PARCELS
(1)
In all districts, a site abutting onto two streets or more shall have a front yard setback on
each street in accordance with the front yard regulations of this Bylaw.
(2)
In all cases, the location of building on corner sites shall be subject to approval of the
Development Authority who may, at their discretion, relax the front yard setback
requirements considering the location of existing adjacent buildings or the permitted
setback on adjacent sites where a building does not exist.
(3)
On corner parcels contiguous to a highway the Alberta Infrastructure Highway "Minimum
Site Triangle" Design Guidelines shall apply.
8.6
CURB CUTS
(1)
The nearest edge of a proposed curb cut to the nearest curb line of the street intersection
shall not be less than 12.0 m.
(2)
The maximum width of the curb cut shall not exceed 9.1 m in industrial districts and 6.0 m in
all other districts, unless otherwise specified by the Development Authority for reasons of
public safety or convenience.
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8.7
DESIGN, CHARACTER AND APPEARANCE OF BUILDINGS AND
STRUCTURES
(1)
The purpose of this Section is to provide the Town with controls and guidance to ensure that
aesthetically attractive and compatible development is provided throughout the Town.
(2)
The quality of exterior treatment and design of all buildings shall be to the satisfaction of the
Development Authority for permitted uses and discretionary uses.
(3)
Pursuant to Subsection (2), the Development Authority shall consider, but not be limited to
the following criteria when evaluating the design, character and appearance of development
proposals in all Districts.
(a)
General Guidelines:
(i)
The design, character and appearance of all buildings must be compatible with
any other buildings existing in the vicinity unless the building is setting a new
standard of design and character for the land use district or a particular location
of it.
(ii)
The design of the building or development must be consistent with the purpose
and intent of the land use district in which it is located.
(iii)
The building shall comply with any provisions of a statutory plan or architectural
control guidelines adopted by Council.
(b)
Guidelines for Commercial and Industrial Development:
(i)
The harsh contrasts of very large or massive buildings mixed with small buildings
can be softened by using similar sizes and shapes of massing elements, like roof
lines, exterior design and treatment.
(ii)
Blank, unfinished walls give a very bland appearance to the streetscape.
Particular attention should be given to reduce large vacant spaces between
buildings which are left open to public view.
(iii)
Rooftop mechanical equipment should be hidden from view from public streets
and from adjacent buildings.
(iv)
Utility installations and buildings should be located in such a manner to be
compatible with adjacent buildings and development. This may be achieved by
placing utility installations within buildings wherever possible, or development
utility buildings which blend into the surrounding area.
(v)
Natural features are an important part of the urban environment and should be
given a high priority in developing a site. This may be achieved by preserving
existing trees wherever possible.
(vi)
Corner sites at the intersection of major streets should be given special
consideration. Sight lines for drivers and more pedestrian space are features
which should be incorporated into the design of buildings on corner lots.
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(vii) Buildings should provide weather protective overhangs at outdoor pedestrian
areas and at building entrances. The overhangs can be achieved with
cantilevers, awnings and canopies.
(viii) Long buildings along the street front should include a public route through the
building which can be accessed by pedestrians to parking areas or simply to
reduce having to walk around the building.
(ix)
Large pedestrian areas or parcels should be designed for safety and at a
pedestrian scale. The combination of landscaping and pedestrian walkway
connections from the parking area to the shopping areas can act as a windbreak,
slow the traffic in the parking area, and soften the harsh visual impact of large
asphalt areas.
(x)
The site illumination of commercial and industrial sites should not shine into
residential windows.
(xi)
On-site parking, loading and shipping areas are less attractive elements of a
streetscape and should be hidden from public roadways by buildings, screening
and landscaping.
(xii) Outdoor storage and garbage collection areas are generally unsightly and
undesirable elements from public roadways and should be screened or hidden
behind buildings. Existing storage and garbage collection areas should be
screened from roadways by using berms, walls and landscaping.
(c)
Guidelines for Residential Development:
(i)
Visual privacy of internal living space and areas should be maintained in new
and existing developments. The use of berms, landscaping and the orientation
of the dwellings and the living space windows can improve the visual privacy
between developments.
(ii)
Identical or similar housing styles, models, designs and colors should be
discouraged. The same housing color, design or treatment should not be used
for any more than three adjacent dwellings.
(iii)
Corner lot houses should be generally lower lying houses as height and mass is
emphasized beside a void such as a road.
(iv)
Any accessory building built on a lot, such as a detached garage or garden shed
should be of proportional mass, roof line and treatment as the principal
building.
(v)
Developments should be encouraged to possess good proportion in the front
elevations using such elements as dormers, bay windows, shutters, brickwork,
roof lines and variations of window sizes.
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8.8
DEVELOPMENTS ON OR NEAR SLOPES
(1)
Notwithstanding the yard requirements prescribed in the land use districts, no permanent
buildings shall be permitted within 20.0 m of the top of the bank of any waterbody and no
development shall be permitted within 20.0 m of the top or bottom of an escarpment bank
or slope where the grade exceeds 15% (fifteen percent).
(2)
The Development Authority may require greater setback than is prescribed in Section
8.8(1).
(3)
Notwithstanding that a proposed development conforms in all respects with this Bylaw,
including Sections 8.8(1) and 8.8(2), where the application is for development on lands that
are or may be subject to subsidence, the Development Authority shall not issue a
development permit unless the applicant can demonstrate that preventative engineering
and construction measures can be instituted to make the parcel suitable for the proposed
development.
(4)
Subject to Section 8.8(3), the Development Authority may, at their discretion, reduce the
setback requirements established pursuant to 8.8(1) and 8.8(2) if the applicant provides
satisfactory proof of bank stability.
8.9
DEVELOPMENTS NEAR WATER
(1)
Notwithstanding 8.8, the Development Authority may require reports to be submitted by
qualified professionals to help determine the setback distance from water bodies. The
setback may be reduced if supported by a report submitted by a qualified engineer.
8.10 DWELLING UNITS ON A PARCEL
(1)
The number of dwelling units allowed on any single 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 permits multiple units; and
(b)
A building defined in the Condominium Property Act (Chapter C-22, R.S.A. 2000) and
all regulations and amendments thereto and is the subject of an approved
condominium plan registered under that Act.
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8.11 EMERGENCY ACCESS TO BUILDINGS
(1)
Sites shall be so designed that, in the opinion of the Development Authority, appropriate
access for firefighting equipment is afforded to all buildings, moreover,
(a)
In the case of industrial, commercial, multiple family, or public or quasi-public sites,
the distance between the fire hydrant and any driveway or access point shall be a
minimum of 3.0 m. In the case of single-family sites, the distance between the fire
hydrant and any driveway or access point shall be a minimum of 1.85m; and
(b)
No person shall in any manner obstruct the fire access to any hydrant, valve or curb
stop. No vehicle, building, structure, or vegetation higher than 0.5 m, shall be placed
within 1.5 m from a hydrant.
(2)
On at least two sides, one of which shall be the longest side, of any building used as an
apartment building and which exceeds two storeys in height, there shall be firm level areas
accessible for firefighting equipment for at least 75% (seventy five percent) of the length of
each of the two sides of the building. Such areas shall not be less than 4.25 m in width and
not more than 3.0 m from the building, and no permanent structure or vehicular parking
shall be permitted thereon.
(3)
A lane or lanes for the purpose of permitting the access of firefighting equipment to all
major access points of shopping centre buildings shall be provided, and no permanent
structures or vehicular parking may be permitted thereon.
8.12 EXCAVATION, STRIPPING AND GRADING
(1)
For the purpose of this Section, excavation shall mean excavation other than for
construction or building purposed, including, but not limited to, sand and gravel mining,
topsoil stripping, and construction of artificial bodies of water.
(2)
An applicant for a development permit for the excavation, stripping or grading of land,
which is proposed without any other development on the same land, shall include with his
or her application the following information:
(a)
Location of the lot, including the municipal address if any, and legal description.
(b)
The area of the lot on which the development is proposed.
(c)
The type of excavation, stripping or grading proposed, showing the dimensions of the
operation or the area of the land and depth to which the topsoil is to be removed.
(d)
Location on the lot where the excavation, stripping or grading is to be made on the lot;
and
(e)
The condition in which the excavation, stripping or grading is to be left when the
operation is complete or the use of the area from which the topsoil is removed.
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(3)
Where, in the process of development, areas require levelling, filling, or grading, the topsoil
shall be removed before work commences, stockpiled, coverage of 0.15 m shall be provided
upon occupancy of the development, and the affected area shall be graded and landscaped
to the satisfaction of the Development Authority.
8.13 EXISTING SUBSTANDARD LOTS
(1)
Development on existing substandard lots may be considered by the Development Authority
who shall have due regard for compliance with the Safety Codes Act and its regulations prior
to granting approval.
8.14 FENCES
(1)
In any district, except as herein provided,
(a)
No fence shall be constructed that is located on public property.
(b)
No fence shall be constructed that is:
(i)
For internal lots in all residential land use districts, no higher than 2.0 m for the
portion of the fence that does not extend beyond the foremost portion of the
principal building on the site and 1.0 m for that portion of the fence that does
extend beyond the foremost portion of the principal building on the lot.
(ii)
For internal lots in all non-residential land use districts, no higher than 2.0 m for
the portion of the fence that does not extend beyond the foremost portion of
the principal building on the site and 1.0 m for that portion of the fence that
does extend beyond the foremost portion of the principal building on the lot.
The 1.0 m may be increased to a maximum of 2.0m at the discretion of the
Development Authority.
(iii)
For corner lots, as per Figure 8.14.1, fences shall be no higher than 2.0 m for the
portion of the fence that does not extend beyond the foremost portion of the
principal building if in the opinion of the Development Authority, it will not
prejudice the safety and amenities of the adjoining lots. Fences shall be no
higher than 1.0 m for the portion of the fence that does extend beyond the
foremost portion of the principal building on the lot.
(iv)
In the case of corner lots, no person shall construct a fence or other screening,
including landscaping, more than 1.0 m high within the triangular area 6.0 m
back from the intersecting front boundary lines of the lot, regardless of whether
or not a corner cut-off has been taken. The 6.0m triangular area may be
reduced by the Development Authority based on an assessment of the corner
visibility; and
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(v)
Where lots have both their front and rear yards facing onto a street, special
approval of the Development Authority must be obtained prior to the erection
of any fences on such properties. Size and specifications for fences in these
areas must conform with the overall standard set for the area by the Town.
(2)
Apartments or row houses adjacent to a single detached residential dwelling shall provide a
fence, or other such screening as deemed appropriate by the Development Authority, of not
more than 2.0 m in height along the side abutting the single detached dwelling.
(3)
In the case of industrial, commercial, public and quasi-public uses abutting a residential
area, a fence, or other such screen as deemed appropriate by the Development Authority
shall be at least 1.5 m in height and no higher than 2.0 m along the sides abutting the
residential area.
(4)
Notwithstanding Subsection 8.14(3), the maximum height of a fence in an Industrial or
Urban Reserve District shall be determined by the Development Authority. Where a fence
has been permitted to be higher than 2.0 m in an Industrial or Urban Reserve District, no
barbed wire fences shall be permitted below a height of 2.0 m. This requirement may be
relaxed by the Development Authority at his/her discretion in an area where residences
would not be in close proximity to the fence proposed.
(5)
No electrification of fences shall be permitted; and
(6)
No barbed wire fences shall be permitted in residential districts.
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FIGURE 8.14.1 - FENCE DIAGRAM
8.15 FLOODPLAIN DEVELOPMENT
(1)
Notwithstanding Subsection 8.9 no new development or the expansion of existing
development shall be allowed within the 1:100-year flood plain of any watercourse or water
body as determined by Alberta Environment.
(2)
Development Permit Applications where a portion of a parcel in the 1:100-year floodplain,
shall be accompanied by the following information requirements:
(a)
Elevation of the site as prepared by a qualified surveyor or engineer.
(b)
Proposed elevation of main floor of residential buildings as prepared by a qualified
surveyor or engineer; and
(c)
A statement and/or analysis, which demonstrates the suitability of the development to
the site as compared to other locations on the parcel.
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8.16 LANDSCAPING
(1)
As a condition of the development permit, all landscaping and planting required must be
carried out to the satisfaction of the Development Authority, and within one year of
occupancy or commencement of operation of the proposed development. All plant material
shall be hardy to the Town of Rimbey.
(2)
The Development Authority may require that landscaping and/or screening is provided in
conjunction with any development and is addressed as part of the Development Permit
application. The intent of landscaping and screening is to contribute to a reasonable
standard of appearance for developments, to provide a positive overall image for the Town.
(3)
Landscaping and screening requirements may be applied to commercial and industrial uses.
(4)
Garbage and waste material in residential districts must be stored in weather and animal
proof containers.
(5)
Garbage and waste materials in all non-single-family residential developments must be
stored in weather and animal proof container.
(6)
On corner parcels, setbacks for landscaping and fencing must be in accordance with Section
8.2.
(7)
Prior to issuing a development permit the Development Authority may require submission
of a detailed landscape plan to a standard satisfactory to the Development Authority,
outlining at a minimum the following:
(a)
The location of the trees and shrubs to be planted, including distance between trees
and the anticipated full growth radius at maturity.
(b)
The number of trees and shrubs to be planted; and
(c)
The common name of the trees and shrubs to be planted.
(8)
In addition to the landscaping standards specified in each Land Use District the Development
Authority may require the applicant of any development permit to:
(a)
Retain any natural feature in its original state including, but not limited to, the
following:
(i)
Any water feature, including swamps, gullies and drainage courses.
(ii)
Land with a natural gradient of 15% or greater.
(iii)
Land subject to flooding by a 1:100-year flood.
(iv)
Land located within a minimum distance as determined by the Development
Authority from the top of bank of any river, stream, creek, lake or other body of
water.
(v)
Any land deemed unstable by the Development Authority.
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(vi)
Conserve trees, shrubs or any other natural vegetation to the maximum extent
possible.
(vii) Screen any objectionable effect or potential objectionable effect from adjacent
properties.
(viii) Retain topsoil on the site.
(ix)
Enhance the site by adding topsoil, grass, rock, gravel, vegetation or other
landscaping materials to complement the appearance of the site and the
character of the neighbourhood; and
(x)
Restricting the amount and location of hard surfacing on the site.
(9)
Trees and Shrubs provided for landscaping shall meet the following minimum requirements:
(a)
A minimum height of 1.8 m (6.0 ft.) for coniferous trees.
(b)
A minimum height of 0.46 m (1.5 ft.) for coniferous shrubs.
(c)
A minimum caliper width of 5.08 cm (2 in) at 0.46 m (1.5 ft.) above ground level for
deciduous trees; and
(d)
A minimum height of 0.61 m (2 ft.) for deciduous shrubs.
(10) Unless otherwise specified in this Bylaw a minimum of thirty-three percent (33%) of the
total amount of trees and shrubs provided shall be coniferous.
(11) All trees shall be separated a minimum distance from each other to allow sufficient space for
the tree's maximum potential growth radius at maturity and to ensure healthy, uninhibited
growth.
(12) All landscaping requirements must be completed within one (1) year of completion of
construction or the commencement of the use, whichever occurs first.
(13) The owner of the property, or his/her assignees or successor(s), shall be responsible for the
proper upkeep and maintenance of the required landscaping. If the required landscaping
does not survive, the applicant/owner must replace it with a similar type of species and with
a similar caliper, width and height or to the satisfaction of the Development Authority.
(14) The Development Authority may, as a condition of a development permit, require
submission of a security up to the value of the estimated cost of providing the proposed
landscaping to ensure that such landscaping is carried out with reasonable diligence. The
condition of the security is that, if the landscaping is not completed in accordance with this
Bylaw and development permit within one (1) growing season after completion of the
development, then the specified security amount shall be made available to the Town to use
to ensure the landscaping is installed according to the Town's standards.
(15) A minimum of 30% soft surfaced green landscaped features (i.e. grass, shrubs and trees)
shall be maintained in all residential front yards.
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(16) Development Permits are required for all retaining walls over 60 cm (2 feet).
8.17 LIMITED ACCESS TO MAJOR ROADS
(1)
No access for vehicles will be permitted from an arterial road as designated by the Municipal
Development Plan, or Area Structure Plans to:
(a)
Any residential site, unless the access serves three or more dwelling units; or
(b)
Any site, unless turning space is provided on the site such that vehicles entering upon
the site may turn before re-entering the street; or
(c)
Any site where, in the opinion of the Development Authority, there would be an
excessive number of access points approved by Alberta Transportation.
(2)
Access to Highways 20, 20A and 53 shall be limited to arterial roads, collector and services
roads, and where no service roads are provided, access shall be limited to those access
points approved by Alberta Transportation.
8.18 OBJECTIONABLE ITEMS IN YARDS
(1)
No person shall keep or permit in any part of a yard in any residential district:
(a)
Any dismantled or wrecked vehicle for more than fourteen (14) successive days; or
(b)
Any object or chattel which, in the opinion of the Development Authority, is unsightly
or tends to adversely affect the amenities of the district; or
(c)
Any excavation, storage or piling up of materials required during the construction
stage unless all necessary safety measures are undertaken, and the owner of such
materials or excavations assumes full responsibility to ensure the situation does not
prevail any longer than reasonably necessary to complete a particular stage of
construction work; or
(d)
Any vehicle not parked on a prepared hard surface (i.e. concrete pad or gravel) in the
front yard; or
(e)
A commercial vehicle loaded or unloaded of a maximum weight more than 2000 kg: or
(f)
A commercial vehicle in a front yard; or
(g)
Contravene the Town of Rimbey Nuisance Bylaw.
(2)
No person maintaining more than one recreation vehicle or more than two (2) motor
vehicles in a residential district shall allow them to be kept in a manner which, in the opinion
of the Development Authority is unsightly or tends to adversely affect the amenities of the
district.
(3)
No person shall keep a recreational vehicle, in a residential area, in the front yard or in the
flanking/side yard on a corner lot, for a period longer than is reasonably necessary to load or
unload the vehicle to a maximum of 72 hours.
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(4)
8.18(3) does not apply between the months of April and October inclusive if the vehicle will
not overhang the sidewalk or road otherwise create a traffic hazard.
(5)
In commercial districts garbage shall be stored in weatherproof containers screened from
adjacent sites and public thoroughfares to the satisfaction of the Development Authority
and shall be in a location easily accessible for pickup.
(6)
No Recreational Vehicle may be parked, kept or stored outside on any parcel in town for the
purposes of human habitation for more than 72 hours.
8.19 ON-SITE AND OFF-SITE SERVICES AND IMPROVEMENTS
(1)
Where any on-site services or improvements, or any off-site local improvements are
required to service a proposed development, a person shall not begin the excavation for the
foundation nor commence the development until the Development Authority or is satisfied
that such services will be provided, or improvements will be undertaken.
(2)
No development permit shall be issued for a development to be served by private sewer and
water systems until the systems have been approved by the appropriate Municipal or
Provincial authorities having jurisdiction.
8.20 PROJECTIONS OVER YARDS
(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: 2.0 m for balconies; and 1.0 m for cantilevers, eaves, gutters, landings, and
windowsills (see Figure 8.20.1).
(b)
Rear Yard: 2.0 m for balconies; and 1.0 m for box-outs, cantilevers, eaves, gutters,
landings, and windowsills (see Figure 8.20.).
(c)
Side Yard (Interior): 1.0 m for balconies; and 0.6 m for box-outs, eaves, gutters,
landings and windowsills (see Figure 8.20.1).
(d)
Side Yard (Exterior): 1.0 m for balconies; and 0.6 m for box-outs, cantilevers, eaves,
gutters, landings and windowsills (see Figure 8.20.2).
(2)
For multi-attached dwellings, balconies and decks may be extended to the lot line or
common wall, provided that the common wall is extended for separation/privacy.
(3)
No projection 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.
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(4)
No projection will be permitted into the side yard required for vehicular access to the rear
yard, unless a minimum vertical height of 3.0 m from finished grade to the lowest point of
the projection is maintained.
(5)
The projection length limitations are as follows:
(a)
The individual projection maximum length shall not exceed 3.0 m; and
(b)
The sum of all projections 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.
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FIGURE 8.20.1: PERMITTED PROJECTIONS - FRONT AND INTERIOR SIDE YARD SETBACKS
FIGURE 8.20.2: PERMITTED PROJECTIONS - REAR AND EXTERIOR SIDE YARD SETBACK
Interior Side Yard
- 0.6m (2.0 ft.): boxouts,
cantilevers, windowsills,
eves
- 0.9m (3.0 ft.): landings
Exterior Side Yard
- 0.6m (2.0 ft.): boxouts,
cantilevers, windowsills, eves
- 0.9m (3.0 ft.): landings
- 1.0m (3.3 ft.): balconies
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8.21 PUBLIC LANDS AND TOWN BOULEVARDS
(1)
There shall be no unauthorized encroachments onto municipal property, including parks and
road rights-of-way. Where an encroachment exists without Town approval, the owner shall
be required to remove the encroachment at his/her own expense or seek permission from
the Town CAO or Council for the encroachment to remain.
(a)
There shall be no encroachments into Alberta Transportation Highway Right-Of-Ways
without written approval from Alberta Transportation.
(2)
All developments on lands owned by the Town of Rimbey shall not require a development
permit.
(3)
Notwithstanding 8.21(3), the owner(s) of a lot may develop the boulevard abutting their
property by excavating, backfilling, levelling or consolidating to final grade, and seed or
perform other works that may be necessary to develop a turf boulevard provided that all
work shall be entirely at the owner's expense.
(4)
Any development, planting or other development not authorized by a development permit
shall be done at the owner's risk, and any damage to municipal services caused by the
growth, removal or maintenance of such development shall be the responsibility of the
owner.
(5)
Every owner or occupant of land shall be responsible for maintaining any development
allowed under this Section, and for controlling the weeds on boulevards owned by the Town
abutting their property.
8.22 PUBLIC UTILITY BUILDINGS AND EASEMENTS
(1)
Notwithstanding other regulations in this Bylaw, a person erecting a public utility facility or
placing utility equipment on a site shall cause it to be placed in a location and with yard
setbacks which are satisfactory to the Development Authority.
(2)
Utility lots, utility buildings and publicly owned buildings may be permitted in any district
except as specifically regulated elsewhere in this bylaw.
(3)
Subject to the conditions of a utility easement, no permanent structure other than a fence
shall be constructed or placed on that utility easement unless:
(a)
In the opinion of the Development Authority the said structure does not restrict
access to the utility easement for the purpose of installation and maintenance of the
utility; and
(b)
Written consent has been obtained from the person whose use the easement has
been granted.
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8.23 RELOCATION OF BUILDINGS OR STRUCTURES
(1)
No person shall:
(a)
Place on a lot a building which has previously been erected or placed on a different
lot; or
(b)
Alter the location on a lot of a building which has already been constructed on that lot,
(c)
Unless the Development Authority approves the placement or alteration.
(2)
An approval shall not be granted under Subsection (1) above unless the Development
Authority is satisfied that:
(a)
The placement or location of the building would meet the requirements of the Bylaw;
and
(b)
The building and the lot meet the requirements of this Bylaw and the land use district
in which it is proposed to be located.
(3)
Before considering any application for a Moved-in Building and in addition to the
requirements of Section 8.23(1) and Section 8.23(2), the Development Official shall require a
development permit application that includes:
(a)
Recent colour photographs of all elevations including additions.
(b)
A statement of the age, size, and structural condition of the building; and
(c)
Documentation from a certified safety code officer that the building meets the
requirements of the Safety Codes Act or, if it does not, how the building will be
brought up to these requirements.
(4)
As a condition of issuing a development permit approval for a Moved-In Building, the
Development Authority shall require a letter of undertaking (agreement) and the posting of
security in the form of an irrevocable letter of credit or cash, in the amount of the total
estimated costs to relocate the building, to be provided prior to the issuance of a building
permit and the building being moved on site. This security will ensure that any required
modifications to the design, construction, siting, finishing and cladding of the relocated
building are completed.
(5)
The conditions shall be completed within one year of the issuance of the development
permit, as determined by the Development Authority.
(6)
The security will be released once all the conditions have been completed by the applicant
to the satisfaction of the Development Authority and are met within the time frame as set
out in the development permit.
(7)
Upon expiry of the Development Permit, if the required work has not been completed to
Town's satisfaction, the Town may use the security to have the work completed and bring
the building into compliance.
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(8)
The applicant shall be advised not less than 30 days prior to the expiration time set out in
the development permit, that action will be undertaken by the Town to use the security in
completing the required renovations if they have not been completed by the expiration
date. Only Council may direct Administration to delay action to complete the requirements
of the permit.
8.24 RESIDENTIAL AND INDUSTRIAL USES ADJACENT
(1)
In considering subdivision or development permit applications for residential uses adjacent
to existing industrial developments or industrial uses adjacent to existing residential
developments, the Development Authority may impose conditions addressing:
(a)
Providing proper services and access to the site,
(b)
Screening, aesthetics and landscaping,
(c)
Control of signage,
(d)
Noise control,
(e)
A development agreement, with the need to provide security, and
(f)
Any other issue deemed necessary by the Development Authority.
8.25 TEMPORARY STRUCTURES
(1)
A temporary structure may not be erected without permission of the Development
Authority which may be granted as follows:
(a)
In a residential district provided that:
(i)
No such temporary structure shall be more than 3.0 metres in height or set back
less than 1 metre from the side and rear property lines; and
(ii)
The owner enters into an agreement to remove such a structure in accordance
with the terms and conditions stipulated by the Development Authority.
(iii)
There shall be no more than one temporary structure per site.
(iv)
A temporary structure must be placed in the rear yard only.
(v)
In the case of a pre-manufactured temporary structure, the elevations shall be
subject to approval of the Development Authority; and
(vi)
The structure is completed in accordance with the terms stipulated by the
Development Authority, provided that the temporary structure development
permit shall expire at the end of one year, unless renewed by the Development
Authority for a further term, and that such temporary structure must comply with
this Bylaw.
(2)
Temporary Structures include, but are not limited to:
(a)
Portable Storage Containers, including c-cans.
(b)
Tent Garages.
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(3)
If an owner fails to comply with the terms and conditions of a temporary structure
development permit, the Development Authority may remove or cause to be removed such
structure, the costs of which shall be charged against the lands upon which the temporary
structure is situated and shall be payable by the owner to the Town on demand.
(4)
A temporary structure shall not be used as a dwelling.
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PART 9 - SPECIFIC USE REGULATIONS
9.1
BED AND BREAKFAST ESTABLISHMENTS
(1)
Bed and Breakfast Accommodation shall be reviewed as Home Business permit.
(2)
All persons operating bed and breakfast facilities must provide evidence of compliance with
municipal, provincial and/or federal regulations regarding their operation.
(3)
A bed and breakfast is an accessory use to a main residential use.
(4)
A Development Authority may permit a Bed and Breakfast Accommodation use only if in the
opinion of the Development Authority it will:
(a)
Be restricted to the dwelling unit.
(b)
Not change the principal character or external appearance of the dwelling involved;
except where minimal exterior modification of the structure or grounds are compatible
with the character of the area or neighborhood and pursuant to a Development Permit.
(c)
Not create a nuisance by way of noise, parking or traffic generation.
(d)
Not employ anyone but the residents of the dwelling.
(e)
Be limited to one (1) identification sign no more than 0.3 m2 in size and displayed from
within the establishment.
(f)
Not occupy more than three (3) bedrooms.
(g)
Be limited to one meal provided daily to registered guests only; and
(h)
One on-site parking stall shall be provided for each bedroom provided for
compensation and shall meet the signage requirements of this Bylaw.
9.2
CANNABIS PRODUCTION AND DISTRIBUTION FACILITY
(1)
Cannabis facilities must have a licence issued by the Health Canada.
(2)
The following regulations apply to cannabis facilities:
(a)
An ancillary building or structure used for security purposes may be located on the
parcel containing the use as an accessory building which meets the regulations of this
Land Use Bylaw.
(b)
Facilities must include equipment designed and intended to remove odours from the air
where it is discharged from the facility as part of a ventilation system.
(c)
Facilities must not be within 100 metres of a residential district measured from the
building containing the use to the nearest property line of a parcel designated as a
residential district.
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(3)
An application for a Development Permit for Cannabis Production and Distribution Facility
requires a Development Permit shall be made to the Development Authority and shall
include reports prepared by the appropriate professionals for the following:
(a)
the incineration of waste products and air borne emission, including smell.
(b)
the quantity and characteristics of liquid and waste material discharged by the facility;
and,
(c)
the method and location of collection and disposal of liquid and waste material.
(d)
Additional information as required by the Development Authority.
(4)
The operator of a Cannabis Production and Distribution Facility must ensure that nuisances,
including odour, are addressed to the satisfaction of the Development Authority.
9.3
CANNABIS RETAIL SALES
(1)
Cannabis stores and where all cannabis that is offered for sale or sold must be from a
federally approved and licensed facility.
(2)
Cannabis stores must be licensed by the Alberta Government.
(3)
Cannabis stores must be a stand-alone use, which means it cannot be combined with
another use, such as a convenience store. However, cannabis stores can occur in a multi-
tenant building or as part of a mixed-use development.
(4)
The operator of a Cannabis Retail Sales must ensure that nuisances, including odour, are
addressed to the satisfaction of the Development Authority.
(5)
Cannabis stores shall not be located within 100 metres of any other Cannabis Store, when
measured from the closest point of a parcel of land containing a Cannabis Store to the
closest point of another parcel of land containing a Cannabis Store with the following
exceptions:
(a)
A proposed cannabis store is at the same location as an existing retail store that
currently sells cannabis-related paraphernalia as its main merchandise,
(b)
There is only one other cannabis store within the minimum separation distance,
(c)
A proposed cannabis store is located on a different street or on the opposite side of the
same street as the existing cannabis store,
(d)
A major road, expressway or river separates the proposed cannabis store from the
existing cannabis store,
(e)
A proposed cannabis store is located in an enclosed shopping centre, or
(f)
An existing approved cannabis store proposes to relocate to a new location within 100
metres of its original location, provided that it does not move within the separation
distance of a different cannabis store.
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(6)
Cannabis stores shall not abut a Liquor Store.
(7)
Cannabis stores shall not be located within 100 metres of the following:
(a)
A building containing a public school, private school, or a boundary of the parcel of land
which the facility is located, or
(b)
All properties which are designated as School Reserve or municipal and school reserve
on the certificate of title.
(c)
A provincial health care facility, or a boundary of the parcel of land on which the facility
is located, or
(d)
Emergency shelter.
9.4
CHILD CARE FACILITIES AND FAMILY DAY HOMES
(1)
Child Care Facilities:
(a)
Shall follow the Child Care Licensing Regulations that may provide programming for the
social, creative, educational and physical development of children.
(b)
Shall have privacy screening or other buffering techniques designed to limit impact on
other uses or the surrounding residential properties.
(c)
In any Residential District:
(i)
Shall not change the principal character or external appearance of the dwelling in
which it is located.
(ii)
Shall have an outdoor play area designed and secured according to Provincial
regulations and must be shown on the plan submitted for a development permit;
and
(iii)
Shall provide parking according to the regulations outlined in Part 10 Parking &
Loading Facilities of this Bylaw. In addition, a drop-off area shall be provided at
the rate of one (1) drop-off space for every five (5) children, or at the discretion
of the Development Authority.
(2)
A Family Day Home/ After School Care:
(a)
shall not be located in a dwelling unit containing another Home Business.
(b)
require privacy screening that prevents visual intrusion into any outdoor play areas; and
9.5
GAS BAR
(1)
Must not have a canopy that exceeds 5.0 m in height when measured from grade.
(2)
Must have fully recessed canopy lighting.
(3)
May have an outdoor display of products related to the use, provided they are within 4.5 m
of the building entrance or on gas pump islands.
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9.6
HOME BASED BUSINESSES
(1)
All home businesses shall:
(a)
require a development permit; and,
(b)
be considered temporary uses.
(2)
Only one Home Business permit shall be issued per residence. Multiple Home Businesses
may be allowed under the single permit provided that the requirements are not exceeded
by the combined businesses.
(3)
Uses that are not considered Home Businesses include, but are not limited to:
(a)
Adult Entertainment Facilities.
(b)
Auto Body and Paint Shop, Auto Detailing Facility, Automotive, Equipment and Vehicle
Services, Automotive Services, and Automotive Specialty.
(c)
Cannabis Retail Sales, Cannabis Production and Distribution.
(d)
Child Care Facilities.
(e)
Escort Services; or
(f)
Veterinary services.
(4)
The Development Authority has the discretion to refuse a Home Business permit application
if the proposed use would be better suited in a commercial or industrial district.
(5)
All home-based businesses shall comply with the following general regulations:
(a)
All home-based businesses shall be operated as a secondary use only and shall not
change the principal character and external appearance of the dwelling in which it is
located.
(b)
One professionally manufactured non-illuminated fascia sign or nameplate to identify a
home-based business not greater than 0.3 square metres (3.2 square feet) in an area
placed within the dwelling unit or any accessory building is permitted.
(c)
A home-based business, whether or not, a development permit has been issued, shall
be reviewed by the Development Officer, when complaints are registered against a
home-based business by an affected landowner. A development permit issued for a
home-based business is liable to recall and cancellation based on non-compliance on 60
days notice.
(6)
Home based businesses shall meet all the requirements of 9.6(5) and shall comply with the
following regulations:
(a)
The home-based business shall be operated by the permanent resident(s) of the
principal dwelling and shall employ no more than one non-resident, on-site employee.
(b)
There shall be no more than four (4) home-based business clients or customers on site
during any period of 24 hours for a minor home business.
(c)
The home-based business shall not occupy more than 30% of the gross floor area of the
principal dwelling.
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(d)
Any storage of materials or goods related to the home-based business must be located
within the principal dwelling and/or accessory structure and no exterior storage is
permitted.
(e)
The home-based business shall have no more than two (2) vehicles used in conjunction
with the home-based business, parked and maintained on site. There shall be no heavy
vehicles parked on-site of a home-based business.
9.7
KENNEL REGULATIONS
(1)
An Animal Shelter, Veterinary Clinic, Veterinary Hospital or Commercial Kennel may need to
provide soundproofing pens, rooms, exercise runs or holding stalls to the satisfaction of the
Development Authority.
(2)
An Animal Shelter, Veterinary Clinic, Veterinary Hospital or Commercial Kennel shall meet
public health regulations and be kept in a manner satisfactory to the health regulatory
authority.
(3)
Commercial Kennel, including any outdoor runs or exercise areas shall be located a
minimum of 3m from any Property Line.
(4)
Commercial Kennel including any outdoor runs or exercise areas may be required to be
visually screened from existing dwellings on adjoining parcels to the satisfaction of the
Development Authority.
(5)
All exterior exercise areas (runs) shall be enclosed with a fence acceptable to the
Development Authority with a minimum Height of 1.8 m.
(6)
All exterior exercise areas (runs) shall be sited behind the principal building.
(7)
The Development Authority may regulate the hours that the animals are allowed outdoors.
9.8
MANUFACTURED HOMES
(1)
Development Permits for a Manufactured home units shall have:
(a)
Third party certification from an accredited inspection agency including the Canadian
Standard Association (CSA), Intertek or Quality Auditing Institute (QAI).
(b)
Alberta Municipal Affairs Label or CSA label.
(c)
Model number.
(d)
Manufactured home unit serial number.
(2)
All accessory structures, such as patios, porches, additions and skirtings, shall be
(a)
Factory-prefabricated units or the equivalent thereof, and so designed and erected as to
harmonize with the manufactured home units,
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(b)
Considered as part of the main building, and
(c)
Erected only after obtaining a Development Permit.
(3)
A manufactured home unit shall be skirted from the floor level to the ground level. The
skirting shall compliment the external finish of the manufactured home unit.
(4)
The maximum permitted floor area of porches and additions shall be no more than 50% of
the floor area of the manufactured home unit.
(5)
No accessory building or use, other than parking spaces, shall be in the front yard of a
manufactured home unit.
(6)
Furniture, domestic equipment, or seasonally used equipment shall be stored in adequate
covered storage or screened area, either individually on the stall or lot or communally,
which storage facility shall conform to the regulations passed under the Safety Codes Act.
(7)
The following regulations apply to all manufactured home units:
(a)
The hitch and wheels are to be removed from the manufactured home unit.
(b)
All manufactured home units shall be placed on a foundation or base.
(c)
The lot or stall is to be fully landscaped within one (1) year from the date of issuance of
the development permit for the manufactured home unit.
(8)
The following regulations also apply to manufactured home parks developed after 2015:
(a)
The stalls shall be located at least 3.0 m from a property boundary line. This 3.0 m wide
strip shall be landscaped and/or fenced to the satisfaction of the Development
Authority.
(b)
All roadways shall be constructed and maintained to the satisfaction of the
Development Authority. Minimum right-of-way width shall be 12 m with a paved
carriage way of at least 8 m.
(c)
A safe, convenient, all season pedestrian walkway of at least 1.0 m in width shall be
provided for access between individual manufactured home units, the park roadways,
and all community facilities provided for park residents.
(d)
Visitor parking spaces shall be located at convenient locations throughout the
manufactured home park, and shall not be used for the storage of boats, trailers, etc.
(e)
The design of manufactured home parks shall be to the satisfaction of the Development
Authority.
(f)
All municipal utilities shall be provided underground to stalls.
(g)
A minimum of 5% of the gross site area shall be devoted to recreational use.
(h)
All areas not occupied by manufactured home units and their additions, roadways,
footpaths, driveways, permanent buildings and any other developed facilities shall be
fully landscaped to the satisfaction of the Development Authority. Screen fences or
walls shall be erected where deemed necessary by the Development Authority around
maintenance yards, refuse collection points and playgrounds.
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(i)
No part of the park shall be used for non-residential purposes except such uses as are
required for the direct servicing and well-being of the park residents and for the
management and maintenance of the park.
(j)
Manufactured home park facilities shall be arranged to create a homelike atmosphere.
This objective may be achieved by variations in street pattern, block shapes, and the
location of manufactured home unit stalls.
(k)
Each stall shall be clearly marked off by means of stakes, countersunk steel posts,
fences, curbs or hedges.
(l)
Street lighting shall be to the same standard as that in a conventional residential
neighbourhood.
(m) Only one main, free-standing, identification sign of residential character and
appearance may be erected at the entrance to a manufactured home park, unless the
Development Authority is of the opinion that a second and similar sign shall be allowed
under exceptional circumstances relating to the layout, location and size of the park in
relation to surrounding areas. The sign or signs shall be of a size, type and construction
acceptable to the Development Authority. Directional signs within the manufactured
home park must be integrated in design and appearance, be kept in scale with the
immediate surroundings and constructed of durable material.
(n)
Manufactured home units shall be separated from each other by at least 3.5 m. Any
porch or addition to the manufactured home unit shall be regarded as part of the
manufactured home unit for the purpose of this separation.
(o)
The minimum distance between a manufactured home unit and the front, side, or rear
lines of its stall shall be 3.0 m.
(p)
The minimum lot area of the manufactured home park shall be 2.0 ha (4.9 ac.).
(q)
The maximum permissible density for a manufactured home park shall be 20
manufactured home units per gross developable hectare (8 per ac.) of the lot being
developed at each stage of development.
(r)
The minimum area for a manufactured home stall shall be 370 m².
9.9
RIDING ARENA, PRIVATE
(1)
A Development Permit is required for a Riding Arena, Private.
(2)
A Riding Arena, Private shall be an Accessory use on a Lot with a Principal residence.
(3)
A Riding Arena, Private shall not have a building or structure larger than 1,500 m2 (16,146
ft2) in area.
(4)
A Riding Arena, Private shall be used solely by the occupants of the residence and/or by not
more than four (4) non-resident users per day in addition to the residents.
(5)
The Approving Authority may require a manure management plan as a condition of
development permit.
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9.10 SOLAR COLLECTORS
(1)
A solar collector may be located on the roof or wall of a building or structure.
(2)
A solar collector mounted on a roof with a pitch of less than 4:12, may project:
(a)
A maximum of 0.5 m from the surface of a roof, when the solar collector is located 5.0
m or less from a side lot line, measured directly due south from any point along the side
lot line; and
(b)
In all other cases, maximum of 1.3 m from the surface of a roof.
(3)
A solar collector mounted on a roof with a pitch of 4:12 or greater, may project a maximum
of 1.3 m from the surface of a roof.
(4)
A solar collector mounted on a roof must not extend beyond the outermost edge of the
roof.
(5)
A solar collector that is mounted on a wall:
(a)
Must be located a minimum of 2.4 m above grade; and
(b)
May project a maximum of:
(i)
1.5m from the surface of that wall, when the wall is facing a rear lot line; and
(ii)
In all other cases, 0.6 m from the surface of that wall.
(6)
A solar collector mounted on a structure must meet yard setback and district height
regulations.
9.11 USES PERMITTED IN ALL LAND USE DISTRICTS
(1)
The following Uses are permitted in all Land Use Designations:
(a)
Public utility.
(b)
Road.
(c)
Highway; and
(d)
Park.
9.12 WRECKING YARD (AUTO AND EQUIPMENT WRECKAGE SITE)
(1)
Wrecking Yards shall have a minimum area of 1.0 ha and a maximum area of 4.0 ha for
storage, and must be completely fenced and screened by a type of fence approved by the
Development Authority to a height of 2.4 m.
(2)
All vehicles within a Wrecking Yards shall be stored within the enclosure and maintenance of
the site shall be in accordance with any standards deemed necessary by the Development
Authority.
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9.13 C-CANS
(1)
All c-cans are subject to the regulations for an accessory building for the district in which it is
located.
(2)
C-Cans shall meet all provisions outlined in Section 8.18 OBJECTIONABLE ITEMS IN YARDS
(3)
C-Cans shall not be attached in any way to a principal building.
(4)
C-Cans shall not be stacked.
(5)
No sign shall be attached to a c-cans.
(6)
C-Cans Storage Containers may only be located in industrial, commercial public service and
urban holding districts providing that:
(a)
They are not located in a front yard or exterior side yard.
(b)
They are not stacked.
(c)
They are not used to store any dangerous or hazardous materials.
(7)
C-Cans shall be visually screened from public roads and adjacent properties in a manner
which satisfies the Development Authority.
(8)
C-Can shall have no visual or material impacts on neighbouring properties, to the
satisfaction of the Development Authority.
(9)
A maximum of three (3) c-cans may be allowed within a single parcel, if the total coverage
does not exceed the lot coverage in the district.
(10) C-Cans may be temporarily placed on a site in any district:
(d)
During active construction on a site when the shipping container is solely for the
storage of supplies and equipment that are used for the site, provided that a valid
building permit has been issued for the construction. The c-cans must be removed
from the site upon completion of construction; or
(e)
For the purposes of loading and unloading of items associated with the principal
use for a period of not more than ten (10) days in any six-month period.
(11) When placed on a site pursuant to section 9.13(10), the c-cans shall:
(a)
Be located to not create a safety hazard.
(b)
Not be located within 1.2 m of a property boundary; and
(c)
Be in the rear yard where possible.
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(12) Temporary c-cans as outlined in 9.13(11), may be permitted in the front yard of a
property at the sole discretion of the development authority. A development permit is
required for temporary c-cans located in the front yard.
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PART 10 - PARKING, LOADING AND STORAGE FACILITIES
10.1 PARKING FACILITIES - GENERAL REGULATIONS
(1)
Parking stalls and loading spaces shall be clearly marked in the parking facility. Such marking
shall be regularly maintained to ensure legibility to users and shall be to the satisfaction of
the Development Authority.
(2)
All off-street parking facilities shall be so constructed that:
(a)
Necessary curb buts are located and flared to the satisfaction of the Development
Authority.
(b)
Every off-street parking space provided, and the access thereto, shall be hard-surfaced
if the access is from a street or lane which is hard-surfaced.
(c)
Parking and storage facilities shall have adequate lighting for the parking and/or
storage facility. Such lighting shall be directed away from adjacent residential
properties and other properties where in the opinion of the Development Authority
they would have adverse effects.
(d)
Grades and drainage shall dispose of surface water. In no case shall grades be
established that would permit surface drainage to cross any sidewalk or site boundary
without the approval of the Development Authority or Municipal Planning
Commission; and
(e)
Parking for the physically handicapped shall be provided as provincial regulations
require and shall be considered as part of the number of stalls required for the
project.
(3)
Where a proposed development will, from time to time, require pick-up or delivery of
commodities, adequate space for the loading and unloading of same shall be provided and
maintained on the site to the satisfaction of the Development Authority or Municipal
Planning Commission.
(4)
Pursuant to 10.1(3), the Development Authority shall consider the following criteria when
reviewing off-street loading regulations:
(a)
Off-street loading spaces shall have dimensions of not less than 4.0 m in width and 8.0
m in length.
(b)
Have overhead clearance of not less than 5.3 m above grade.
(c)
Have vehicular access to and exit from a street or lane wither directly or by a clearly
defined traffic aisle.
(d)
Be sited at an elevation or elevations convenient to a major flood level in the building
or to a utility elevator serving each major flood level.
(e)
Be so graded and drained as to dispose of all surface water. In no case shall grades be
established that would permit drainage to cross site boundaries or sidewalks without
the approval of the Development Authority or Municipal Planning Commission.
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(f)
Be paved or hard-surfaced where an off-street parking facility is required to be paved
or hard-surfaced.
(g)
Have adequate lighting to the satisfaction of the Development Authority or Municipal
Planning Commission; and
(h)
Be screened on each side adjoining or fronting on any property in a residential district
by a wall, fence, earth berm or hedge of not less than 2.0 m in height, to the
satisfaction of the Development Authority or Municipal Planning Commission.
10.2 PARKING AREAS
(1)
Unless otherwise approved by the Development Authority, each development shall provide
on its site a parking area containing, at a minimum, the number of parking spaces as
calculated in Table 10.2.1.
(a)
In the case of a use not specifically mentioned, the required number of on-site parking
spaces shall be the same as for a similar use as determined by the Development
Authority.
(b)
Where a development contains more than one use as listed, the required number of
parking spaces shall be the sum of the requirements for each of the uses listed.
(c)
Where a fractional number of parking spaces are required, the next highest number of
spaces shall be provided.
(d)
If the Development Authority approves, one or more developments or uses may pool
their minimum required parking spaces within one or more communal parking areas
and may thereby collectively fulfill the requirements of this Bylaw.
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Table 10.2.1 - Parking Requirements
Use of a Building or Site
Minimum Number of Parking Spaces
Residential Uses
Multi-family dwellings
2 per dwelling unit
Seniors' apartments
1 per dwelling unit, or as required by the
Development Authority
Boarding houses
1 per bedroom
Senior citizen homes
1 per dwelling unit
Secondary suites
1 per bedroom
All other dwellings
2 per dwelling unit
Manufactured home parks
In addition to 2 per dwelling unit, 1 visitor
parking space per 4 manufactured home
units
Commercial and Industrial Uses
Cannabis Production Facilities
1 per 100 m2 (1,076 ft2) of gross floor area
for the first 2,000 m2, and then 1 per each
subsequent 500 m2
Eating and drinking establishment
1 per 5 seating spaces
Eating and drinking
establishments (take out)
1 per 13 m² (140 ft²) of gross leasable area
plus 1 per 3 employees on maximum shift
Drive thru restaurants
2 per drive thru window
Other drive thru businesses
2 per drive thru window
Hotels and motels
1.5 per rentable unit
Bed and breakfast
1 per bedroom
Home based businesses
1 in addition to the requirements for the
residential use
All other commercial uses
1 per 28 m² (301.4 ft²) of gross leasable area
All industrial uses
1 per 46 m² (495 ft²) of gross leasable area
Institutional Uses
Places of Public Assembly
1 per 5 seating spaces
Schools (elementary/junior high)
2 per classroom
High schools
3 per classroom
Commercial schools
1 per student
Hospitals and similar uses
2 per bed
Nursing homes
0.75 per bed
(2)
At the discretion of the Development Authority, minimum parking requirements may be
relaxed for existing buildings where historical site design is not being altered and cannot
accommodate the required number of parking stalls.
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(3)
At the discretion of the Development Authority, a developer may pay money to the Town in
lieu of providing parking spaces. The amount of money will be determined by Council and be
based on the amount of money needed to acquire land and to develop the required number
of parking spaces on adjacent lands.
(4)
Surfacing and Drainage
(a)
All parking areas shall be clearly marked, landscaped and adequately lit with lighting
away from adjacent sites, adequately graded and drained to dispose of all stormwater
run-off, contain the necessary curb cuts, and surfaced in a manner to match the road
or lane from which the parking area gains access.
(b)
The approach or access to every off-street parking area shall be surfaced in the same
manner as the adjoining road from which access is gained.
(c)
Drainage shall only be allowed to cross sidewalks if approved by the Development
Authority.
(5)
All parking areas shall conform to the requirements shown in Table 10.2.2 and Figure 10.2.3.
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Table 10.2.2 - Required Parking Stall Dimensions
(a)
Parking
Angle
(in degrees)
(b)
Width of
Space in
m (ft)
façade
Stall Depth
Perpendicular
to Aisle
(d)
Width of Space
Parallel to
Manoeuvring
Aisle in m (ft)
façade
Overall
Depth in
m (ft)
(f)
Width of
Manoeuvring
Aisle in m (ft)
0
2.7 (9)
2.7 (9)
7.0 (23)
9.1 (30)
3.6 (12)
30
2.7 (9)
5.2 (17)
5.5 (18)
14.0 (46)
3.6 (12)
45
2.7 (9)
5.9 (19)
4.0 (13)
15.2 (50)
4.0 (13)
60
2.7 (9)
6.1 (20)
3.1 (10)
18.3 (60)
6.1 (20)
90
2.7 (9)
6.1 (20)
2.7 (9)
19.5 (64)
7.3 (24)
Figure 10.2.1 - Parking Guide to Correspond with Table
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10.3 OFF-STREET LOADING AREAS
(1)
Where a proposed development will, in the opinion of the Development Authority, require
pick-up or delivery of commodities, adequate space for the loading and unloading of same
shall be provided and maintained on the site.
(2)
When required by the Development Authority, loading spaces shall:
(a)
Have dimensions of not less than 3.5 m (11.5 ft.) in width, 7.5 m (24.6 ft.) in length, and
4.0 m (13.1 ft.) in height above grade.
(b)
Have vehicular ingress to, and egress from, a road or lane either directly or by a clearly
defined traffic aisle such that no backing or turning movements of vehicles going to or
from the loading space shall cause interference with traffic in the abutting road or lane.
(c)
Be sited at an elevation or elevations convenient to a major floor level in building or to
a utility elevator serving each major floor level.
(d)
Be so graded and drained as to dispose of all storm water runoff. Drainage shall only be
allowed to cross sidewalks if approved by the Development Authority.
(e)
Be surfaced in the same manner as the adjacent road or lane; and
(f)
Be screened on each side adjoining any Residential District by a wall, fence, earth berm
or hedge of not less than 1.5 m (4.9 ft.) and not more than 2.0 m (6.6 ft.) in height.
(3)
The number of loading spaces required to be provided in a development shall be as follows:
(a)
For a retail, industrial, warehouse, or similar development,
(i)
One (1) space for a development of less than 460 m² (4951.6 ft²) of gross leasable
area, plus
(ii)
One (1) space for the next 1840 m² (19,805.6 ft²) of gross leasable area or fraction
thereof in a development, plus
(iii)
One (1) additional space for each additional 2300 m² (24,757.0 ft²) of gross
leasable area or fraction thereof in a development.
(b)
For an office use, place of public assembly, convalescent home, institution, club or
lodge, school or any similar use, one (1) space for a development of less than 2800 m²
(30,139.9 ft²) of gross floor area, and one (1) additional space for each additional 2800
m² (30,139.9 ft²) of gross floor area or fraction thereof.
(c)
For multi-family dwellings, one (1) space for each twenty (20) dwelling units or fraction
thereof.
(d)
Any other building or use shall provide loading spaces as required by the Development
Authority.
(e)
Where a fractional number of loading spaces are required, the next highest number of
spaces shall be provided.
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PART 11 - SIGNS
11.1 PURPOSE
(1)
The purpose of this Chapter is to regulate the development and display of signage within the
Town of Rimbey. This Chapter provides signage development standards related to:
(a)
Location.
(b)
Type.
(c)
Quantity.
(d)
Height.
(e)
Size.
11.2 DEFINITIONS
(1)
For the purpose of this Part the following definitions shall apply, in addition to those
contained in Section 2.2:
(a)
"A-Frame Sign" means a temporary, movable, self-supporting A-shaped sign consisting
of two flat surfaces joined at the upper end and resting on the ground
(b)
"Awning Sign" means a non-illuminated sign painted on the fabric surface supported by
an exterior wall of a building
(c)
"Billboard" means a structure, primarily self-supporting, which is used for the display of
general advertising, the subject matter of which is not necessarily related to the use or
ownership of the property on which the structure is located
(d)
"Building Face" means the total area of the wall of a building
(e)
"Copy" means the text, illustrations and symbols that make up the message on a sign
(f)
Dynamic 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 Dynamic Sign includes any
display that incorporates a technology or other method allowing the image on the sign
face to change, such as rotating panels, LED lights manipulated through digital input, or
"digital ink". A Dynamic Sign does not include a sign whose message or image is
changed by physically removing and replacing the sign or its components.
(g)
"Electronic Message Centre" means a sign or component of a sign on which the copy
can be changed by electrical or electronic means.
(h)
"Freestanding Sign" means a sign on a standard or column permanently attached to the
ground, and which is not connected in any way to any building or other structure
(i)
"Identification Sign" any sign which is used to display the address, and name of a
building or parcel of land
(j)
"Illuminated Sign" means any sign illuminated either directly from a source of light
incorporated in or connected with the sign, or indirectly from an artificial source
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(k)
"Portable Sign" means a sign, excluding A-board and temporary signs that can be
carried or transported from one site to another
(l)
"Projecting Sign" means a sign, which is attached to a building or structure so that part
of the sign projects beyond the face of the building or structure
(m) "Real-Estate Sign" means any temporary sign which advertises for the sale, lease, or
rent of a building or parcel of land
(n)
"Roof Sign" means any sign placed on or over a roof
(o)
"Rotating Sign" means any sign or part of a sign which moves in a clockwise or
counterclockwise motion
(p)
"Sign" means any word, letter, model, picture, symbol, device or representation used
as, or which is in the nature of, wholly or in part, an advertisement, announcement or
direction. Any structure, or portion thereof, which is used primarily to carry, hold,
maintain, support or sustain a sign is construed as being part of the sign, and except as
provided for in this Bylaw, is subject to all regulations governing signs.
(q)
"Sign Area" means the total surface area within the outer periphery of the said sign,
and in the case of a sign comprised of individual letters or symbols, shall be calculated
as the area of a rectangle enclosing the letters or symbols. Frames and structural
members not bearing advertising matter shall not be included in computation of
surface area.
(r)
"Sign Height" means the vertical distance measured from natural grade at the base of
the sign to the highest point of such sign.
(s)
"Temporary Sign" means a sign or banner that is not permanently installed or affixed,
advertising a product, activity or event on a limited time basis and does not include a
portable sign.
(t)
"Third Party Sign" typically associated with a "Billboard Sign" means a sign, which
directs attention to a business, commodity, service, or entertainment conducted, sold
or offered at a location other than the premise on which the sign is located
(u)
"Vehicle Sign" means a sign mounted, posted or otherwise adhered on or to a motor
vehicle, including but not limited to trailers, wagons, tractors, and recreational vehicles
(v)
"Wall Sign" means a sign placed flat and parallel to the face of the building so that no
part projects more than one foot from the building
(w)
"Window Sign" means a sign which is painted on or affixed to a window and faces
towards an adjacent sidewalk or roadway
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11.3 SIGNS
(1)
Development Permit for signs are required:
(a)
Except as stated in Section 10.3(2), no sign shall be erected or altered on land or affixed
to any exterior surface of a building or structure unless a sign permit for this purpose
has been issued by the Development Authority
(b)
Unless otherwise specified in this Bylaw a permit is required for the following signs:
(i)
Free standing sign
(ii)
Wall sign
(iii)
Canopy sign
(iv)
Rotating sign
(v)
Projecting sign
(vi)
Roof sign
(vii) Billboard sign
(viii) Portable sign
(2)
Unless otherwise specified in this Bylaw no development permit for a sign is required for the
following signs:
(a)
Signs posted or displayed within the interior space of a building
(b)
Signs posts or displayed in or on an operating motor vehicle if the vehicle is not
temporarily or permanently parked solely for the purpose of displaying the sign
(c)
A statutory or official notice of a function of the Town
(d)
Signs posted by a municipal, provincial, or federal government agency
(e)
Traffic and directional signs authorized by the Town and/or Alberta Provincial
Authorities
(f)
The erection of campaign signs for federal, provincial, municipal, or school board
elections on private properties for no more than thirty (30) days, or such other time as
regulated under provincial or federal legislation provided that
(i)
Such signs are removed within ten (10) days of the election date
(ii)
The consent of the property owner or occupant is obtained
(iii)
Such signs do not obstruct or impair vision or traffic
(iv)
Such signs are not attached to utility poles
(v)
Such signs indicate the name and address of the sponsor and the person
responsible for removal
(g)
A non-illuminated sign that is posted or exhibited solely for the identification of the
address or name of the land or building on which it is displayed including signs
identifying the occupants, if the sign:
(i)
Does not exceed 1.0 m² in area, and
(ii)
Is posted only at each entrance from which access from a public roadway to the
building is provided
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(iii)
Does not advertise for a home-based business or bed and breakfast
establishment
(h)
A non-illuminated sign that is posted or exhibited for sale, lease or rentals of land or a
building if the sign:
(i)
Is 3.0 m² of less in area
(ii)
Is posted only on each side of the building or land facing a different public
roadway
(i)
Window Sign
(j)
An A-Frame sign:
(i)
Provided it is advertising for goods or services which are located for sale or
offered on the same lot or on a sidewalk adjacent to the same lot
(ii)
Does not obstruct vehicular or pedestrian traffic
(k)
A non-illuminated sign of a building contractor relating to construction work in progress
on the land on which such signs are erected, provided that:
(i)
Such signs are removed within fourteen (14) days of occupancy, and
(ii)
Such signs are limited in size to a maximum of 3.0 m², and in number to one sign
for each boundary of the property under construction which fronts onto a public
street.
(l)
A non-illuminated temporary sign advertising a garage sale, estate sale or open house.
Such signs may be posted for a maximum period of 48 hours and may not exceed 1.0
m2 in area or 1.0 m in height.
11.4 DEVELOPMENT PERMIT FOR SIGNS SUBMISSION
(1)
An application for a Development Permit to structurally alter or erect a Sign that requires a
Development Permit shall be made to the Development Authority and shall include the
following:
(a)
A letter of consent from the registered owner of the land or building upon which the
sign will be located.
(b)
A letter outlining the contact information of the owner of the Sign.
(c)
The location of all existing and proposed Signs on the building façade or on a site plan
of the parcel indicating the front and side property lines, setbacks and distances from
existing buildings.
(d)
Two copies of a rendering / illustration of the proposed Sign with dimensions and total
Sign Area, height of top and bottom of the Sign above average ground level and
(e)
thickness of the Sign.
(f)
Materials, finishes, colours, size of lettering and graphics.
(g)
Mounting or installation details: the Development Authority may require that a
structural drawing be prepared and sealed by a Professional Engineer.
(h)
Mounting height or clearance to grade.
(i)
The appropriate fee.
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11.5 PROHIBITED LOCATION
(1)
No part of any sign, including any accessory components, shall be located on any roadway,
boulevard, sidewalk. Only 'A-Frame' type signs may be permitted on a sidewalk abutting a
business but must first receive the written consent of the Development Authority.
(2)
No part of any sign, including any accessory components, shall be located on any land
owned by the Town of Rimbey without a council motion granting use of the land prior to the
Development Authority issuing a Development Permit.
11.6 SIGN DEVELOPMENT STANDARDS
(1)
Unless provided elsewhere in this Bylaw, signs shall be erected in accordance with the
standards specified in Table 11.6.1.
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Table 11.6.1 - Sign Development Standards
Type
of Sign
Land Use Designation and Development Standards
PS
R1, R1A, R2,
R3, RE, CR,
MHP, MHS
C1
C2, M
#
H
SA
#
H
SA
#
H
SA
#
H
SA
Freestanding
Sign
1
4.0 m
3.0 m2
1
1.5 m
1.5 m2
1
10m
10 m2
1
10 m
12 m2
Wall Sign
1
N/A
3.0 m2
1
N/A
1.0 m2
1^
N/A
20 m2
1^
N/A
24 m2
A-Frame Sign
1*
1.0 m
0.7 m2
Not Permitted
1*
1.0 m
0.7 m2
1*
1.0 m
0.7 m2
Temporary Sign
1
4.0 m
3.0 m2
Not Permitted
1
6.0 m
9.0
m2
1
6.0 m
9.0 m2
Canopy Sign
1*
2.5
m**
1.5 m2
Not Permitted
1*
2.5 m**
1.5 m2
1*
2.5
m**
1.5 m2
Dynamic Sign
1
2.5 m
1.5 m2
Not Permitted
1
2.5 m
1.5 m2
1
2.5 m
1.5 m2
Rotating Sign
Not permitted
Not Permitted
1
10 m
10 m2
1
12 m
15 m2
Projecting Sign
Not permitted
Not Permitted
1
2.5 m**
1.5 m2
1
2.5
m**
1.5 m2
Roof Sign
Not Permitted
Not Permitted
1
7.5 m
10 m2
1
10 m
15 m2
Billboard Sign
Not Permitted
Not Permitted
1
10 m
10 m2
1
9.5 m
12 m2
Portable Sign
Not Permitted
Not Permitted
1
2.5 m
3.0m2
1
2.5 m
3.0 m2
Key
# = Refers to the maximum Number of Signs permitted per lot
H = Refers to the maximum Sign Height permitted
SA = Refers to the maximum Sign Area permitted
^ = Refers to the maximum number of permitted signs per each side of a building facade
* = Refers to the maximum number of permitted signs per business on a lot
** = Refers to the minimum vertical clearance from grade or, if applicable, a sidewalk to the bottom of the sign
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(2)
In addition to the standards specified in Table 3, the following regulations will also apply:
(a)
Awning/Canopy Sign
(i)
No portion of the canopy/awning shall be closer than 600 mm to a vertical line
drawn from the adjacent curb.
(b)
Billboard Sign
(i)
Where a billboard shares a lot with a building, no billboard shall be located in the
front or side yard which runs parallel to an adjacent roadway.
(ii)
Billboards shall be spaced at a distance of 90 metres from one another.
(iii)
Where a portable sign is serving as a billboard it shall be spaced 45 metres from
other portable or permanent signs serving as billboards.
(c)
Dynamic Signs
(i)
No Dynamic Sign may be erected except as permitted in this Section.
(ii)
The Development Authority shall only approve a Dynamic Sign as a portion of a
permitted Community, Canopy, Free Standing or Fascia Sign.
(iii)
A Dynamic Sign may display public service announcements but shall not include
third party advertising or sponsor recognition except when it is located on a site
in a Public Service (PS) district.
(iv)
Dynamic Signs shall only be permitted as a discretionary use in Commercial,
Industrial and Public Service Districts, and must meet the following requirements:
(1)
not be located within 30.0 m radius of a residential district, and when site
or lot of a proposed dynamic sign location is adjacent to a residential
district, notification will be sent within a 100.0 m radius of the proposed
site,
(2)
be limited to one sign per building or site, except for Public Service sites
over 17 ha will be limited to two (2) signs provided that one of the signs
must be a fascia sign and the other must be a portion of a freestanding
sign, and further provided that the two (2) signs must be at least 50.0 m
apart,
(3)
not be located on a lot within a 50.0 m radius of the boundary of a lot
containing an existing dynamic sign,
(4)
comprise of not more than 25% of the total freestanding or fascia sign area.
(v)
A development permit for a dynamic sign shall be valid for a maximum of two (2)
years, at which time a new permit must be applied for. The conversion of an
existing sign to a dynamic sign shall require a development permit.
(vi)
Any digital sign located within 50 m of a residential district may be subject to
restricted operating hours at the discretion of the Development Authority.
(vii) The use, size and location of digital signs must comply with all other relevant
municipal and provincial regulations.
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(viii) The sign panel does not contain or display flashing, intermittent, or moving lights,
including animated or scrolling text.
(ix)
A sign panel provided as a public service showing the time and temperature shall
not be considered a flashing or moving sign.
(x)
The sign content remains fixed/static for a minimum message display duration,
where: Min. Display Duration (sec) = Sight distance to sign (m)/ Speed limit
(m/sec).
(1)
In lower speed areas, the formula above should be used with a minimum
sight distance to sign of 350 m.
(2)
In areas with speed limit ≥80 km/h, the minimum message display duration
is 60 seconds, unless the sight distance to the sign is less than 1 kilometre
(xi)
When a message is changed electronically, it must be accomplished within an
interval of 0.1 seconds or less so that an approaching driver cannot perceive any
blanking of the display screen.
(xii) There shall be no visual effects between successive displays.
(xiii) The sign panel must contain a default design that will freeze the sign panel
message in one position if a malfunction occurs.
(xiv) The sign panel shall be equipped with a control system that automatically adjusts
light emission level to ambient light conditions so as not to cause glare or
excessive brightness.
(xv) In no case shall the light level of any sign panel exceed 300 nits (candelas per
square metre) between the time of sunset and sunrise, nor 5,000 nits at other
times.
(xvi) The sign must not diminish the conspicuity of nearby traffic control devices.
(xvii) In cases where the sign is adjacent to an Alberta Transportation right-of-way,
Alberta Transportation shall have the ongoing discretion to require the
brightness, frequency, colours or other qualities of the sign panel be adjusted to
address safety concerns.
(xviii) All dynamic sign applications fronting onto Alberta Transportation roadways shall
be circulated to Alberta Transportation for comment.
(d)
Freestanding Signs
(i)
No freestanding sign shall be located within 10 m of the intersection of
lanes/streets, or a street or lane.
(ii)
For any lot located in the C2 or M designations, one Freestanding Sign shall be
permitted for every 90 metres of frontage.
(iii)
Illuminated Freestanding Signs shall be permitted only in C1, C2 and M
designations.
(iv)
Copy is permitted on both sides of Freestanding Signs, including signs angled up
to 90 degrees, therefore allowing the Sign Area to be double the permitted Sign
Area.
(v)
Freestanding Signs shall not be located closer than 1.0 m to any front, rear, or
side property line.
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(vi)
In accordance with Alberta Transportation's setback requirements where
abutting a highway.
(e)
Wall Signs
(i)
Wall signs shall be restricted to the first storey of the building in the R1, R2, R3,
MHP, MHS, RCE, PS zone designations.
(ii)
Wall signs shall not project more than 0.4 m horizontally from the Building Face
to which it is attached.
(iii)
Illuminated Wall Signs shall be permitted only in C1, C2, and M designations.
(f)
Portable Signs
(i)
Copy is permitted on both sides of Projecting Signs, therefore allowing the Sign
Area to be double the permitted Sign Area.
(ii)
Maximum one (1) Portable Sign shall be displayed per lot.
(iii)
Portable Signs shall not be located within a required off street parking space or a
driveway.
(g)
Projecting Signs
(i)
Copy is permitted on both sides of Projecting Signs, therefore allowing the Sign
Area to be double the permitted Sign Area.
(ii)
The height of a Projecting Sign shall refer to the minimum vertical clearance from
grade or, if applicable, a sidewalk, and shall be a minimum of 2.5m.
(h)
Temporary Signs
(i)
Large Temporary Signs relating to the sale or renting of land, the sale of goods or
livestock, the carrying out of building or similar work, or announcement of any
local event must obtain a development permit and meet the following conditions:
(1)
Maximum two (2) Temporary Signs not exceeding a total Sign Area of 9.0
m².
(2)
Copy is permitted on both sides of the Temporary Sign, including signs
angled up to 90 degrees, therefore allowing Sign Area to be double the
permitted Sign Area;
(3)
The maximum Sign Height shall not exceed 6.0 m.
(4)
The Temporary Sign shall be removed by the advertiser within fifteen (15)
days of the completion of the event, sale, or works to which such signs
relate.
(i)
Signage for a Bed and Breakfast
(i)
Each Bed and Breakfast homestay shall provide one (1) on-site Freestanding Sign
for the purpose of identification and shall be regulated in accordance with the
following requirements:
(1)
The sign shall be located within the front yard and must be visible from a
public road.
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(2)
The sign be attached to either existing fencing or on independent posts to
the satisfaction of the Development Authority.
(3)
The sign shall be constructed using high density plywood or solid wood
and shall be finished with high density reflective finish or equivalent, with
dye cut lettering or silk screen lettering.
11.7 ADDITIONAL SIGN REGULATIONS
(1)
All signs requiring a sign permit shall follow the development permit process as specified
under Section 4.1 of this Bylaw.
(2)
Council may require the removal of any sign, which is in its opinion, has become unsightly,
or is in such a state of disrepair as to constitute a hazard.
(3)
Quality, aesthetic character and finishing of sign construction shall be to the satisfaction of
the Development Authority.
(4)
Where, in the opinion of the Development Authority, a proposed sign in a Commercial or
Industrial District might be objectionable to a resident in any adjacent residential district,
the Development Authority may impose such other regulations as they feel would protect
the interests of residents.
(5)
Flashing, animated or interiorly illuminated signs shall not be permitted in any district where
in the opinion of the Development Authority they might:
(a)
Affect residents in adjacent housing, or residential districts.
(b)
Interfere with or obstruct a motor vehicle driver's vision or interpretation of oncoming
traffic signs or traffic signal lights.
(6)
Notwithstanding 11.7(5), no person shall exhibit or place an illuminated sign, rotating sign or
dynamic sign that permits or provides for:
(a)
A current interrupting or flashing device, unless there is a continuous source of
concealed illumination on the translucent portions of the sign.
(b)
A flashing beacon of a type that is the same or like those used by emergency vehicles.
(c)
A flashing device, animator or revolving beacon within 50.0 m of the intersection of two
or more public roadways.
(d)
A device described in 11.7(5) that would be directly visible from any residential building
within a distance of 50.0 m of the sign.
(7)
No person shall erect or place a sign so that it would be considered, in the opinion of the
Development Authority, to be a traffic hazard or an obstruction to the vision of persons
driving motor vehicles.
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(a)
Billboard signs, electronic signs, dynamic signs and rotating signs which are visible
from Highway 20, Highway 20A and Highway 53, but located outside of the Highway
Right-Of-Way, shall be circulated to Alberta Transportation for comment.
(8)
Notwithstanding section 11.7(7) the Development Authority may not approve any signs
located within an Alberta Transportation Highway Right-Of-Way without written approval
from Alberta Transportation.
(9)
The area around sign structures shall be kept clean and free of overgrown vegetation, and
free from refuse material.
(10) The Development Authority may at their discretion require an engineer-approved plan prior
to the issuance of a sign permit to ensure the safety of a sign, awning or canopy design and
placement.
(11) Notwithstanding Part 4 of this Bylaw, the Development Authority may, with respect to an
application for a sign permit,
(a)
Grant a sign permit to an applicant subject to such conditions considered necessary to
ensure this Bylaw is complied with.
(b)
Refuse the application.
(12) Offensive Signage
(a)
No sign shall be erected which promotes intolerance, hatred or ridicule of any race,
religion or other segment of society.
(13) The number of signs, location of signs and size of signs may be varied to accommodate the
placement of new signs on existing sign structures which were installed prior to January 1,
2019, at the sole discretion of the Development Authority. The Development Authority is
not bound by the maximum variance in Section.4.5(6). In accordance with Section 4.5, a
variance application shall be required, and the applicant must demonstrate that the original
signs were installed prior to January 1, 2019, in a manner deemed satisfactory to the
Development Authority.
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PART 12 - DISTRICTS AND REGULATIONS
12.1 ESTABLISHMENT OF DISTRICTS AND DISTRICT REGULATIONS
(1)
Land use district and land use regulations shall be set forth in Part 12 and may be amended
in the same manner as any other Part or Section of this Bylaw.
12.2 LAND USE DISTRICTS
(1)
The Town is hereby divided into the following districts:
Designation Name
Designation Acronym
Low Density Residential
R1
Low Density General Residential
R2
High Density Residential
R3
Manufactured Home Park
MHP
Manufactured Home Subdivision
MHS
Residential Estate
RE
Country Residential
CR
Central Commercial
C1
Highway Commercial
C2
Industrial
M
Public Service
PS
Urban Holdings
UH
Direct Control
DC
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12.3 LAND USE DISTRICT MAP
(1)
Land use districts specified under 12.2 are described in the short form on the LAND USE
DISTRICT MAP which is an integral part of this Bylaw.
(2)
Throughout this Bylaw and amendments thereto, a District may be referred to either by its
full name or its abbreviation.
(3)
The district regulations are delineated on the LAND USE DISTRICT MAP. Where uncertainty
arises as to the precise location of the property of any district, the following rules shall
apply:
(a)
Where a boundary is shown as following a street, lane, stream or canal, it shall be
deemed to follow the centreline thereof.
(b)
Where a boundary is shown as approximately following a lot line, it shall be deemed
to follow the lot line.
(c)
In circumstances not covered by 12.3(a) and 12.3(b) above the location of the district
boundary shall be determined by:
(i)
Where dimensions are set out on the Land Use District Map, by the dimensions
so set, or
(ii)
Where dimensions are set out on the Land Use District Map with respect to such
boundary, by measurement of and use of the scale shown on the Land Use
District Map.
(4)
Where the application of the above rules does not determine the exact location of the
boundary of a district, the Council either on its motion or upon written application being
made to it by a person requesting the determination of the exact location of the boundary
shall fix the portion of the district boundary in doubt or dispute in a manner consistent with
the regulations of this Bylaw and the degree of detail as to measurements and directions as
the circumstances may require.
(5)
After Council has fixed a district boundary pursuant to the provisions of 12.3, the portion of
the boundary so fixed shall not be thereafter altered except by an amendment to this Bylaw.
(6)
The Council shall maintain a list of its decisions with respect to boundaries or portions
thereof fixed by it.
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12.4 LOW DENSITY RESIDENTIAL (R1)
(1)
Purpose
The R1 - Low Density Residential designation is intended to accommodate the development of low-
density residential development on moderately sized lots throughout the community.
(2)
Permitted and Discretionary Uses
Table 12.4.1 outlines the permitted and discretionary uses contemplated in the R1 designation
where approval is subject to the issuance of an authorized development permit.
Table 12.4.1
Permitted Uses
Discretionary Uses
-
First Accessory Building 13.4 m2 and over
-
Accessory Uses
-
Housing, secondary suite
-
Housing, single-detached
-
Home based business
-
Park
-
Second and additional, Accessory
Building under 13.4m2
-
Second and additional, Accessory
Building 13.4 m2 and over
-
Bed and breakfast
-
Childcare facility
-
Family care facility
-
Religious institution
-
Utility installations
-
C-Can (Temporary)
-
Solar Collectors not in conformance with
Section 9.10.
(3)
Lot Area
The minimum lot area shall be in accordance with the following table:
Table 12.4.2
Use
Minimum Lot Area
Housing, single-detached
550 m²
Other principle uses listed in Table 12.4.1
550 m²
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(4)
Lot Frontage
The minimum lot frontage shall be in accordance with the following table:
Table 12.4.3
Use
Minimum Lot Frontage (m)
Housing, single-detached
15 metres
Other principle uses listed in Table 12.4.1
15 metres
(5)
Lot Coverage
The maximum lot coverage of buildings (principle and accessory) shall be in accordance with the
following table:
Table 12.4.4
Use
Maximum Lot coverage (%)
Housing, single-detached
40%
Other principle uses listed in Table 12.4.1
40%
(6)
Front Yard Setback
The minimum front yard setback shall be in accordance with the following table:
Table 12.4.5
Use
Minimum Front Yard Setback (m)
Housing, single-detached
6 metres
Other principle uses listed in Table 12.4.1
6 metres
(7)
Rear Yard Setback
The minimum rear yard setback shall be in accordance with the following table:
Table 12.4.6
Use
Minimum Rear Yard Setback (m)
Housing, single-detached
6 metres
Accessory buildings, under 13.4m²
Nil
Accessory buildings, over 13.4m²
1.5 metres
Other principle uses listed in Table 12.4.1
6 metres
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(8)
Side Yard Setback
The minimum side yard setback shall be in accordance with the following table:
Table 12.4.7
Use
Minimum Side Yard Setback (m)
Housing, single-detached (side property line
of a flanking street)
3.0 metres
Housing, single-detached (on one side of the
lot where there is no road or lane access
from the rear yard)
3.0 metres
Accessory buildings, under 13.4m²
Nil
Accessory buildings, over 13.4m²
1.5 metres
Other principle uses listed in Table 12.4.1
1.5 metres
(9)
Height
The maximum building height shall be in accordance with the following table:
Table 12.4.8
Use
Maximum Building Height (m)
Housing, single-detached
11 metres
Accessory building
6 metres
Other principle uses listed in Table 12.4.1
11 metres
(10) Additional Regulations
(a)
Accessory uses in this designation shall be subject to the regulations as per 8.1.
(b)
Temporary uses in this designation shall be subject to the regulations as per 8.25.
(c)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(d)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 10.
(e)
Landscaping in this designation shall be provided in accordance with the regulations in
8.16.
(f)
The construction of signs in this designation shall be in accordance with the regulations
in Part 11.
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12.5 LOW DENSITY GENERAL RESIDENTIAL (R2)
(1)
Purpose
The R2 - Low Density General Residential designation is intended to provide opportunities for
innovation in residential development. Through the provision of narrower lots, the development of
low-density housing types will be provided at higher than conventional densities.
(2)
Permitted and Discretionary Uses
Table 12.5.1 outlines the permitted and discretionary uses contemplated in the R2 designation
where approval is subject to the issuance of an authorized development permit.
Table 12.5.1
Permitted Uses
Discretionary Uses
- First Accessory Building 13.4 m2 and
over
- Accessory Uses
- Housing, duplex
- Housing, single-detached
- Housing, secondary suite
- Home based business
- Park
- Second and additional, Accessory Building
under 13.4m2
- Second and additional, Accessory Building
13.4 m2 and over
- Bed and breakfast
- Childcare facility
- Family care facility
- Housing, manufactured
- Religious institution
- Utility installations
- C-Can (Temporary)
- Solar Collectors not in conformance with
Section 9.10.
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(3)
Lot Area
The minimum lot area shall be in accordance with the following table:
Table 12.5.2
Use
Minimum Lot Area
Housing, duplex
200 m² (per unit)
Housing, single detached (with adjacent rear
lane)
250 m²
Housing, single detached (without adjacent
rear lane)
400 m²
Other principle uses listed in Table 12.5.1
325 m²
(4)
Lot Frontage
The minimum lot frontage shall be in accordance with the following table:
Table 12.5.3
Use
Minimum and Maximum Lot Frontage (m)
Housing, duplex
Minimum 7.5 metres but maximum 10.5
metres
Housing, single detached (with adjacent rear
lane)
Minimum/maximum of 7.5 metres
Housing, single detached (without adjacent
rear lane)
Minimum/maximum of 10.5 metres
Other principle uses listed in Table 12.5.1
Minimum 7.5 metres but maximum 10.5
metres
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(5)
Lot Coverage
The maximum coverage of buildings (principle and accessory) on a lot shall be in accordance with
the following table:
Table 12.5.4
Use
Maximum Lot coverage (%)
Housing, duplex
55%
Housing, single detached (with adjacent rear
lane)
55%
Housing, single detached (without adjacent
rear lane)
55%
Other principle uses listed in Table 12.5.1
55%
(6)
Front Yard Setback
The minimum front yard setback shall be in accordance with the following table:
Table 12.5.5
Use
Minimum Front Yard Setback (m)
Housing, duplex
6 metres
Housing, single detached (with adjacent rear
lane)
6 metres
Housing, single detached (without adjacent
rear lane)
6 metres
Other principle uses listed in Table 12.5.1
6 metres
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(7)
Rear Yard Setback
The minimum rear yard setback shall be in accordance with the following table:
Table 12.5.6
Use
Minimum Rear Yard Setback (m)
Housing, duplex
5 metres
Housing, single detached (with adjacent rear
lane)
5 metres
Housing, single detached (without adjacent
rear lane)
5 metres
Other principle uses listed in Table 12.5.1
5 metres
Accessory buildings, under 13.4m²
Nil
Accessory buildings, over 13.4m²
1.5 metres
(8)
Side Yard Setback
The minimum side yard setback shall be in accordance with the following table:
Table 12.5.7
Use
Minimum Side Yard Setback (m)
Housing, duplex
1.5 metres
Housing, single-detached (side property line
of a flanking street)
3.0 metres
Housing, single-detached (on one side of the
lot where there is no road or lane access
from the rear yard)
3.0 metres
Accessory buildings, under 13.4m²
Nil
Accessory buildings, over 13.4m²
1.5 metres
Other principle uses listed in Table 12.5.1
1.5 metres
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(9)
Height
The maximum building height shall be in accordance with the following table:
Table 12.5.8
Use
Maximum Building Height (m)
Housing, duplex
11 metres
Housing, single detached (with adjacent rear
lane)
11 metres
Housing, single detached (without adjacent
rear lane)
11 metres
Accessory building
6 metres
Other principle uses listed in Table 12.5.1
11 metres
(10) Design Regulations
(a)
Where a lot has access to an adjacent rear lane, no vehicular access to the lot shall be
provided from the fronting public roadway.
(b)
Where there is an attached garage accessed via the fronting public roadway, the garage
shall not extend more than 1.0 metre in front of the living space of the dwelling.
(c)
Where there is an attached garage accessed via the fronting public roadway, the width
of the garage facing the fronting roadway shall not exceed 50 percent of the total front
façade/elevation of a dwelling.
(11) Additional Regulations
(a)
Accessory uses in this designation shall be subject to the regulations as per 8.1.
(b)
Temporary uses in this designation shall be subject to the regulations as per 8.25.
(c)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(d)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 10.
(e)
Landscaping in this designation shall be provided in accordance with the regulations in
8.16.
(f)
The construction of signs in this designation shall be in accordance with the regulations
in Part 11.
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12.6 HIGH DENSITY RESIDENTIAL (R3)
(1)
Purpose
The R3 - High Density Residential designation is intended to provide opportunities for the
development of higher density residential. The intent of this zone is to encourage residential
development at higher densities in close proximity to key nodes and/or corridors
(2)
Permitted and Discretionary Uses
Table 12.6.1 outlines the permitted and discretionary uses contemplated in the R3 designation
where approval is subject to the issuance of an authorized development permit
Table 12.6.1
Permitted Uses
Discretionary Uses
-
First Accessory Building 13.4 m2 and over
-
Accessory Uses
-
Housing, duplex
-
Housing, triplex
-
Housing, fourplex
-
Housing, row housing
-
Housing, secondary suite
-
Public parks and recreation areas
-
Second and additional, Accessory
Building under 13.4m2
-
Second and additional, Accessory
Building 13.4 m2 and over
-
Bed and breakfast
-
Childcare facility
-
Family care facility
-
Home businesses
-
Housing, high-rise apartment
-
Housing, low-rise apartment
-
Religious institution
-
Utility installations
-
C-Can (Temporary)
-
Solar Collectors not in conformance with
Section 9.10.
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(3)
Lot Area
The minimum lot area shall be as specified in the following table:
Table 12.6.2
Use
Minimum Lot Area (m2)
Housing, duplex
250 m²
Housing, low rise/high rise apartment
500 m²
Housing, triplex
500 m²
Housing, fourplex
500 m²
Housing, row
120 m² (per unit)
Other principle uses listed in Table 12.6.1
500 m²
(4)
Lot Frontage
The minimum lot frontage shall be in accordance with the following table:
Table 12.6.3
Use
Minimum Lot Frontage (m)
Housing, duplex
7.5 metres
Housing, low rise/high rise apartment
15 metres
Housing, triplex
15 metres
Housing, fourplex
15 metres
Housing, row
4 metres (per unit)
Other principle uses listed in Table 12.6.1
15 metres
(5)
Lot Coverage
The maximum coverage of buildings (principle and accessory) on a lot shall be in accordance with
the following table:
Table 12.6.4
Use
Maximum Lot coverage (%)
Housing, duplex
50%
Housing, low rise/high rise apartment
50%
Housing, triplex
50%
Housing, fourplex
50%
Housing, row
50%
Other principle uses listed in Table 12.6.1
50%
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(6)
Front Yard Setback
The minimum front yard setback shall be in accordance with the following table:
Table 12.6.5
Use
Minimum Front Yard Setback (m)
Housing, duplex
6 metres
Housing, low rise/high rise apartment
6 metres
Housing, triplex
6 metres
Housing, fourplex
6 metres
Housing, row
6 metres
Other principle uses listed in Table 12.6.1
6 metres
(7)
Rear Yard Setback
The minimum rear yard setback shall be in accordance with the following table:
Table 12.6.6
Use
Minimum Rear Yard Setback (m)
Housing, duplex
5 metres
Housing, low rise/high rise apartment
5 metres
Housing, triplex
5 metres
Housing, fourplex
5 metres
Housing, row
5 metres
Accessory buildings, under 13.4m²
Nil
Accessory buildings, over 13.4m²
1.5 metres
Other principle uses listed in Table 12.6.1
5 metres
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(8)
Side Yard Setback
The minimum side yard setback shall be in accordance with the following table:
Table 12.6.7
Use
Minimum Side Yard Setback (m)
Housing, duplex
1.5 metres
Housing, low rise/high rise apartment
3 metres
Housing, triplex
1.5 metres
Housing, fourplex
1.5 metres
Housing, row
1.5 metres
Accessory buildings, under 13.4m²
Nil
Accessory buildings, over 13.4m²
1.5 metres
Other principle uses listed in Table 12.6.1
1.5 metres
(9)
Height
The maximum building height shall be in accordance with the following table:
Table 12.6.8
Use
Maximum Building Height (m)
Housing, duplex
11 metres
Housing, low rise/high rise apartment
20 metres
Housing, triplex
11 metres
Housing, fourplex
11 metres
Housing, row
11 metres
Accessory building
6 metres
Other principle uses listed in Table 12.6.1
11 metres
(10) Additional Regulations
(a)
Accessory uses in this designation shall be subject to the regulations as per 8.1.
(b)
Temporary uses in this designation shall be subject to the regulations as per 8.25.
(c)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(d)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 10.
(e)
Landscaping in this designation shall be provided in accordance with the regulations in
8.16.
(f)
The construction of signs in this designation shall be in accordance with the regulations
in Part 11.
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12.7 MANUFACTURED HOME PARK (MHP)
(1)
Purpose
The MHP - Manufactured Home Park designation is intended to provide for and regulate the
development of land for the use of manufactured homes on lots in comprehensively designed parks
wherein no individually titled parcels have been created.
(2)
Permitted and Discretionary Uses
Table 12.7.1 outlines the permitted and discretionary uses contemplated in the MHP designation
where approval is subject to the issuance of an authorized development permit.
Table 12.7.1
Permitted Uses
Discretionary Uses
- First Accessory Building 13.4 m2 and
over
- Accessory Uses
- Housing, manufactured home
- Park
- Second and additional, Accessory Building
under 13.4m2
- Second and additional, Accessory Building
13.4 m2 and over
- Group homes
- Home businesses
- Utility installations
- C-Can (Temporary)
- Solar Collectors not in conformance with
Section 9.10.
(3)
General Regulations
(a)
A Comprehensive site plan shall be required for manufactured home parks developed
after 2015.
(b)
Prior to the development of a new Manufactured Home Park the applicant will submit
to the Development Authority a comprehensive site plan and/or any other supporting
documentation that will identify the following elements:
(i)
Site area with lot lines of the manufactured home park and any titled lots clearly
delineated.
(ii)
Proposed layout and placement of individual housing units.
(iii)
Internal and adjacent pedestrian or walkway connections.
(iv)
Internal and adjacent roadways.
(v)
Internal and perimeter landscaping.
(vi)
Garbage areas.
(vii) Parking areas.
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(viii) Recreational areas.
(ix)
Storage areas.
(c)
A development permit and move-in permit are required anytime a new manufactured
home unit is moved onto a Manufactured Home Park site. Move-in permits shall
require:
(i)
Third party certification from an accredited inspection agency including the
Canadian Standard Association (CSA), Intertek or Quality Auditing Institute
(QAI).
(ii)
Alberta Municipal Affairs Label or CSA Label.
(iii)
Model number.
(iv)
Manufactured home unit serial number.
(d)
A move-out permit is required when units vacate a site. A new move-in permit shall
not be issued until a move-out permit has been completed for the lot.
(e)
All permits are the responsibility of the Manufactured Home Park site.
(4)
Manufactured Home Park Size
(a)
The gross density of a residential home park is 17 manufactured homes per hectare
(b)
A residential home park shall have a minimum park area of 2 hectares but a maximum
park area of 4 hectares
(5)
Setbacks
(a)
The minimum yard requirements for manufactured homes shall be at least:
(i)
3.5 m from a similar manufactured home unit.
(ii)
6.0 m from the rear lot line of the manufactured home park.
(iii)
2.4 m from any internal access road or common parking area.
(iv)
1.2 m from front lot line of the manufactured home park.
(b)
The minimum side yard and rear yard setback requirements for accessory buildings
shall be at least:
(i)
Nil for accessory buildings, under 13.4m².
(ii)
1.5 m for accessory buildings, over13.4m².
(6)
Height
(a)
The maximum height as specified in Section 12.8(10) shall apply.
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(7)
Design Regulations
(a)
All additions shall be designed in a manner that complements the manufactured
homes.
(b)
Five percent of the gross area of a manufactured home park shall be developed for
recreational use either in the form of indoor community building and/or outdoor
recreational space.
(8)
Additional Regulations
(a)
Accessory uses in this designation shall be subject to the regulations as per 8.1.
(b)
Temporary uses in this designation shall be subject to the regulations as per 8.25.
(c)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(d)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 10.
(e)
Landscaping in this designation shall be provided in accordance with the regulations in
8.16.
(f)
The construction of signs in this designation shall be in accordance with the regulations
in Part 11.
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12.8 MANUFACTURED HOME SUBDIVISION (MHS)
(1)
Purpose
The MHS - Manufactured Home Subdivision designation is intended to provide for and regulate the
development of land for the use of manufactured homes on separately titled parcels.
(2)
Permitted and Discretionary Uses
Table 12.8.1 outlines the permitted and discretionary uses contemplated in the MHS designation
where approval is subject to the issuance of an authorized development permit.
Table 12.8.1
Permitted Uses
Discretionary Uses
- First Accessory Buildings 13.4 m² and
under
- First Accessory Buildings 13.4 m2 and
over
- Accessory Uses
- Housing, manufactured home
- Public parks and recreation areas
- Second and additional, Accessory Building
under 13.4m2
- Second and additional, Accessory Building
13.4 m2 and over
- Home businesses
- Utility installations
- Uses accessory to the above
- C-Can (Temporary)
- Solar Collectors not in conformance with
Section 9.10.
(3)
Manufactured Home Subdivision
The following development standards apply to areas where individually titled parcels have been
created.
(4)
Lot Area
The minimum lot area shall be as specified in the following table:
Table 12.8.2
Use
Minimum Lot Area (m2)
Housing, manufactured home
375 m²
All other principle uses
500 m²
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(5)
Lot Frontage
The minimum lot frontage shall be in accordance with the following table:
Table 12.8.3
Use
Minimum Lot Frontage (m)
Housing, manufactured home
7.5 metres
All other principle uses
15 metres
(6)
Lot Coverage
The maximum coverage of buildings (principle and accessory) on a lot shall be in accordance with
the following table:
Table 12.8.4
Use
Maximum Lot coverage (%)
Housing, manufactured home
50%
All other principle uses
50%
(7)
Front Yard Setback
The minimum front yard setback shall be in accordance with the following table:
Table 12.8.5
Use
Minimum Front Yard Setback (m)
Housing, manufactured home
6 metres
All other principle uses
6 metres
(8)
Rear Yard Setback
The minimum rear yard setback shall be in accordance with the following table:
Table 12.8.6
Use
Minimum Rear Yard Setback (m)
Housing, manufactured home
3 metres
Accessory buildings, under 13.4m²
Nil
Accessory buildings, over 13.4m²
1.5 metres
All other principle uses
5 metres
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(9)
Side Yard Setback
The minimum side yard setback shall be in accordance with the following table:
Table 12.8.7
Use
Minimum Side Yard Setback (m)
Housing, manufactured home
1.5 metres
Accessory buildings, under 13.4m²
Nil
Accessory buildings, over 13.4m²
1.5 metres
All other principle uses
1.5 metres
(10) Height
The maximum building height shall be in accordance with the following table:
Table 12.8.8
Use
Maximum Building Height (m)
Housing, manufactured home
5 metres
Accessory building
5 metres
All other principle uses
5 metres
(11) Design Regulations
(a)
All additions shall be designed in a manner that complements the manufactured
homes.
(b)
Ten percent of the gross area of a manufactured home park shall be developed for
recreational use either in the form of indoor community building and/or outdoor
recreational space.
(12) Additional Regulations
(a)
Accessory uses in this designation shall be subject to the regulations as per 8.1.
(b)
Temporary uses in this designation shall be subject to the regulations as per 8.25.
(c)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(d)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 10.
(e)
Landscaping in this designation shall be provided in accordance with the regulations in
8.16.
(f)
The construction of signs in this designation shall be in accordance with the regulations
in Part 11.
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12.9 RESIDENTIAL ESTATE (RE)
(1)
Purpose
The RE - Residential Estate designation is intended to accommodate low-density residential
development in a comprehensively designed naturalized environment.
(2)
Permitted and Discretionary Uses
Table 12.9.1 outlines the permitted and discretionary uses contemplated in the RE designation
where approval is subject to the issuance of an authorized development permit.
Table 12.9.1
Permitted Uses
Discretionary Uses
- First Accessory Building 13.4 m2 and
over
- Accessory Uses
- Housing, secondary suite
- Housing, single-detached
- Park
- Second and additional, Accessory Building
under 13.4m2
- Second and additional, Accessory Building
13.4 m2 and over
- Bed and breakfast
- Childcare facility
- Family care facility
- Home businesses
- Religious institution
- Utility installations
- C-Can (Temporary)
- Solar Collectors not in conformance with
Section 9.10.
(3)
Lot Area
The minimum lot area shall be in accordance with the following table:
Table 12.9.2
Use
Minimum Lot Area
Housing, single-detached
0.5 acres
Other principle uses listed in Table 12.9.1
0.5 acres
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(4)
Lot Frontage
The minimum lot frontage shall be in accordance with the following table:
Table 12.9.3
Use
Minimum Lot Frontage (m)
Housing, single-detached
15 metres
Other principle uses listed in Table 12.9.1
15 metres
(5)
Lot Coverage
The maximum coverage of buildings (principle and accessory) on a lot shall be in accordance with
the following table:
Table 12.9.4
Use
Maximum Lot coverage (%)
Housing, single-detached
50%
Other principle uses listed in Table 12.9.1
50%
(6)
Front Yard Setback
The minimum front yard setback shall be in accordance with the following table:
Table 12.9.5
Use
Minimum Front Yard Setback (m)
Housing, single-detached
5 metres
Other principle uses listed in Table 12.9.1
5 metres
(7)
Rear Yard Setback
The minimum rear yard setback shall be in accordance with the following table:
Table 12.9.6
Use
Minimum Rear Yard Setback (m)
Housing, single-detached
5 metres
Accessory buildings, under 13.4m²
Nil
Accessory buildings, over 13.4m²
1.5 metres
Other principle uses listed in Table 12.9.1
5 metres
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(8)
Side Yard Setback
The minimum side yard setback shall be in accordance with the following table:
Table 12.9.7
Use
Minimum Side Yard Setback (m)
Housing, single-detached
5 metres
Accessory buildings, under 13.4m²
Nil
Accessory buildings, over 13.4m²
1.5 metres
Other principle uses listed in Table 12.9.1
5 metres
(9)
Height
The maximum building height shall be in accordance with the following table:
Table 12.9.8
Use
Maximum Building Height (m)
Housing, single-detached
11 metres
Other principle uses listed in Table 12.9.1
11 metres
(10) Design Regulations
(a)
Upon initial construction the following design regulations shall apply:
(i)
Shingles are to be asphalt, tile or wooden shake.
(ii)
The façade of any principal building shall be finished 25% masonry, stone or brick.
(iii)
Vinyl siding shall not be permitted on any structure, including principal and
accessory buildings.
(iv)
Notwithstanding Landscaping regulations in Section 8.16, a minimum of three (3)
trees must be placed in the front yard.
(b)
The main floor of the residence, not including attached garage, shall be a minimum of
140 square meters (1,500 square feet).
(c)
All developments shall be in a manner which the garage entrance faces onto the front
road and maintains privacy of the neighbouring parcels.
(d)
The quality of exterior treatment and design of all buildings and fences shall be to the
satisfaction of the Development Authority for permitted uses and discretionary uses.
Additional design regulations may be required at the discretion of the Development
Authority.
(e)
No moved in or relocated buildings shall be permitted in the Residential Estates (RE)
district.
(f)
A maximum of one vehicular approach shall be permitted per lot.
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(11) Additional Regulations
(a)
Accessory uses in this designation shall be subject to the regulations as per 8.1.
(b)
Temporary uses in this designation shall be subject to the regulations as per 8.25.
(c)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(d)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 10.
(e)
Landscaping in this designation shall be provided in accordance with the regulations in
8.16.
(f)
The construction of signs in this designation shall be in accordance with the regulations
in Part 11.
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12.10 COUNTRY RESIDENTIAL (CR)
(1)
Purpose
The CR - Country Residential designation is intended to accommodate low-density residential
development in a comprehensively designed naturalized environment but where minimal urban
infrastructure and services are provided.
(2)
Permitted and Discretionary Uses
Table 12.10.1 outlines the permitted and discretionary uses contemplated in the RE designation
where approval is subject to the issuance of an authorized development permit
Table 12.10.1
Permitted Uses
Discretionary Uses
- First Accessory Building 13.4 m2 and
over
- Accessory Uses
- Housing, secondary suite
- Housing, single-detached
- Park
- Second and additional, Accessory Building
under 13.4m2
- Second and additional, Accessory Building
13.4 m2 and over
- Bed and breakfast
- Childcare facility
- C-Can (Temporary)
- Family care facility
- Home businesses
- Religious institution
- Utility installations
- Solar Collectors not in conformance with
Section 9.10.
(3)
Lot Area
The minimum lot area shall be in accordance with the following table:
Table 12.10.2
Use
Minimum Lot Area
Housing, single-detached
2.5 acres
Other principle uses listed in Table 12.9.1
2.5 acres
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(4)
Lot Frontage
The minimum lot frontage shall be in accordance with the following table:
Table 12.10.3
Use
Minimum Lot Frontage (m)
Housing, single-detached
10 metres
Other principle uses listed in Table 12.9.1
10 metres
(5)
Lot Coverage
The maximum coverage of buildings (principle and accessory) on a lot shall be in accordance with
the following table:
Table 12.10.4
Use
Maximum Lot coverage (%)
Housing, single-detached
50%
Other principle uses listed in Table 12.9.1
50%
(6)
Front Yard Setback
The minimum front yard setback shall be in accordance with the following table:
Table 12.10.5
Use
Minimum Front Yard Setback (m)
Housing, single-detached
5 metres
Other principle uses listed in Table 12.9.1
5 metres
(7)
Rear Yard Setback
The minimum rear yard setback shall be in accordance with the following table:
Table 12.10.6
Use
Minimum Rear Yard Setback (m)
Housing, single-detached
5 metres
Accessory buildings, under 13.4m²
Nil
Accessory buildings, over 13.4m²
1.5 metres
Other principle uses listed in Table 12.9.1
5 metres
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(8)
Side Yard Setback
The minimum side yard setback shall be in accordance with the following table:
Table 12.10.7
Use
Minimum Side Yard Setback (m)
Housing, single-detached
5 metres
Accessory buildings, under 13.4m²
Nil
Accessory buildings, over 13.4m²
1.5 metres
Other principle uses listed in Table 12.9.1
5 metres
(9)
Height
The maximum building height shall be in accordance with the following table:
Table 12.10.8
Use
Maximum Building Height (m)
Housing, single-detached
11 metres
Other principle uses listed in Table 12.9.1
11 metres
(10) Additional Regulations
(a)
The main floor of the residence, not including attached garage, shall be a minimum of
150 square meters (1,614 square feet).
(b)
Accessory uses in this designation shall be subject to the regulations as per 8.1.
(c)
Temporary uses in this designation shall be subject to the regulations as per 8.25.
(d)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(e)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 10.
(f)
Landscaping in this designation shall be provided in accordance with the regulations in
8.16.
(g)
The construction of signs in this designation shall be in accordance with the regulations
in Part 11.
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12.11 CENTRAL COMMERCIAL (C1)
(1)
Purpose
The C1 - Central Commercial designation is intended to provide for a wide variety of commercial,
institutional and residential uses within the town centre. The intent is to foster mixed-use
development and encouraging vibrancy in a manner that facilitates pedestrian movement.
(2)
Permitted and Discretionary Uses
Table 12.11.1 outlines the permitted and discretionary uses contemplated in the C1 designation
where approval is subject to the issuance of an authorized development permit.
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Table 12.11.1
Permitted Uses
Discretionary Uses
- First Accessory Building 13.4 m2 and
over
- Art gallery
- Bakery
- Club
- Convenience store
- Dry cleaning/Laundromat services
- Financial Services
- Funeral home
- Grocery store
- Hotel
- Housing, mixed use
- Office
- Medical clinic
- Motel
- Personal Services
- Public administration
- Religious Institution
- Restaurant
- Retail
- Sign, excluding dynamic sign
- Theatre
- Second and additional, Accessory Building
under 13.4m2
- Second and additional, Accessory Building
13.4 m2 and over
- Adult entertainment
- Automotive sales and/or rental
- Automotive supply store
- Brewery, winery and distillery
- Brewpub
- Cannabis retail sales
- Car/Truck wash
- Childcare facility
- Commercial recreation & entertainment
facility
- Contracting services
- Dynamic Sign
- Gas bar
- Head shop
- Housing, apartment (low rise), second
story and above
- Housing, apartment (high rise), second
story and above
- Liquor store
- Nightclub
- Parking facility
- Pawn shop
- Recycling depot
- Repair shop
- Restaurant - drive thru
- C-Can
- Solar Collectors not in conformance with
Section 9.10.
- Utility installations
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(3)
Development Standards
The Development Standards for all uses listed in Table 12.11.1 shall adhere to the standards listed
in Table 12.11.2.
Table 12.11.2
Development Standard
Site Standard
Minimum Lot Area (m²)
250 metres ²
Minimum Lot Frontage (m)
6 metres
Maximum Lot Coverage (%)
80%
Minimum Front Yard Setback (m)
Nil
Minimum Rear Yard Setback (m)
6 metres
Minimum Rear Yard Setback (m) - Accessory
buildings, under 13.4m²
Nil
Minimum Rear Yard Setback (m) - Accessory
buildings, over 13.4m²
1.5 metres
Minimum Side Yard Setback (m)
Nil
Minimum Side Yard Setback (m) -
Accessory buildings, under 13.4m²
Nil
Minimum Side Yard Setback (m) -
Accessory buildings, over 13.4m²
1.5 metres
Maximum Height
15 metres
(4)
Design Regulations
(a)
The façade of any principal building should be finished in brick, rock, stone, stucco,
wood, glass, and/or precast concrete. Exterior finishes should require minimal
maintenance but demonstrate high quality workmanship.
(b)
Buildings should be built to the property line to create a defined relationship with the
public realm.
(c)
A minimum of 60% of the ground floor of any building should be finished in clear
glazing to allow for natural surveillance, and to create an engaging and vibrant public
realm. Reflective or tinted glazing should be discouraged.
(d)
The street wall, where it runs parallel to a roadway, should be designed to occupy 100%
of a lot's frontage.
(e)
The provision of canopies or awnings are encouraged to provide weather protection for
pedestrians.
(f)
No parking area shall be located within the front yard of any lot. Parking areas should
be located within the rear yard, with vehicular access from an adjacent lane.
(g)
The ground floor of any residential building should be utilized for commercial purposes.
(h)
Additional design regulations may be required at the discretion of the Development
Authority.
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(5)
Additional Regulations
(a)
Accessory uses in this designation shall be subject to the regulations as per 8.1.
(b)
Temporary uses in this designation shall be subject to the regulations as per 8.25.
(c)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(d)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 10.
(e)
Landscaping in this designation shall be provided in accordance with the regulations in
8.16.
(f)
The construction of signs in this designation shall be in accordance with the regulations
in Part 11.
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12.12 HIGHWAY COMMERCIAL (C2)
(1)
Purpose
The C2 - Highway Commercial designation is intended to accommodate the development of a wide
array of commercial uses on lots adjacent to roadways that facilitate large volumes of automotive
traffic.
(2)
Permitted and Discretionary Uses
Table 12.12.1 outlines the permitted and discretionary uses contemplated in the C2 designation
where approval is subject to the issuance of an authorized development permit.
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Table 12.12.1
Permitted Uses
Discretionary Uses
- First Accessory Building 13.4 m2 and
over
- Accessory Uses
- Auction mart
- Automotive sales and/or rental
- Automotive supply store
- Bakery
- Car/Truck wash
- Club
- Convenience store
- Dry cleaning/laundromat services
- Financial Services
- Funeral home
- Gas bar
- Grocery store
- Hotel
- Office
- Medical clinic
- Motel
- Personal services
- Public administration
- Religious Institution
- Restaurant
- Restaurant - drive thru
- Retail
- Sign, excluding dynamic sign
- Second and additional, Accessory
Building under 13.4m2
- Second and additional, Accessory
Building 13.4 m2 and over
- Air supported structure and fabric-
covered structure
- Any permitted use with a height
exceeding 10 metres
- Adult entertainment
- Amusement arcade
- Automotive service and/or paint shop
- Brewery, winery and distillery
- Brewpub
- Cannabis retail sales
- Childcare facility
- Commercial recreation & entertainment
facility
- Contracting services
- Dynamic Sign
- Gambling and gaming hall
- Head shop
- Housing, apartment (low rise), second
story and above
- Housing, apartment (high rise), second
story and above
- Liquor store
- Nightclub
- Pawn shop
- Recycling depot
- Repair shop
- C-Can
- Solar Collectors not in conformance with
Section 9.10.
- Theatre
- Trucking establishment
- Utility installations
- Warehouse
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(3)
Development Standards
The Development Standards for all uses identified in Table 12.12.1 shall adhere to the standards
listed in Table 12.12.2.
Table 12.12.2
Development Standard
Site Standard
Minimum Lot Area (m²)
1000 metres²
Minimum Lot Frontage (m)
6 metres
Maximum Lot Coverage (%)
65%
Minimum Front Yard Setback (m)
8 metres
Minimum Rear Yard Setback (m)
5 metres
Minimum Rear Yard Setback (m) -
Accessory buildings, under 13.4m²
Nil
Minimum Rear Yard Setback (m) -
Accessory buildings, over 13.4m²
1.5 metres
Minimum Side Yard Setback (m)
3 metres
Minimum Side Yard Setback (m) -
Accessory buildings, under 13.4m²
Nil
Minimum Side Yard Setback (m) -
Accessory buildings, over 13.4m²
1.5 metres
Maximum Height
15 metres
(4)
Design Regulations
(a)
The façade of any principal building should be finished in brick, rock, stone, stucco,
wood, glass, and/or precast concrete. Exterior finishes should require minimal
maintenance but demonstrate high quality workmanship.
(b)
Additional design regulations may be required at the discretion of the Development
Authority.
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(5)
Additional Regulations
(a)
No access to a lot shall be provided from Highway 20 or Highway 53 without obtaining
the approval of Alberta Transportation.
(b)
Accessory uses in this designation shall be subject to the regulations as per 8.1.
(c)
Temporary uses in this designation shall be subject to the regulations as per 8.25.
(d)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(e)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 10.
(f)
Landscaping in this designation shall be provided in accordance with the regulations in
8.16.
(g)
The construction of signs in this designation shall be in accordance with the regulations
in Part 11.
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12.13 INDUSTRIAL (M)
(1)
Purpose
The M - Industrial designation is intended to accommodate the development of a wide array of
industrial uses, but which will not cause any objectionable or noxious conditions, be it noise, odour,
dust, vibration or any other similar sensation, beyond the lot on which they are located.
(2)
Permitted and Discretionary Uses
Table 12.13.1 outlines the permitted and discretionary uses contemplated in the M designation
where approval is subject to the issuance of an authorized development permit.
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Table 12.13.1
Permitted Uses
Discretionary Uses
-
First Accessory Building 13.4 m2 and over
-
Accessory Uses
-
Agricultural sales and/or service
-
Animal kennel
-
Animal shelter
-
Auction mart
-
Automotive sales and/or rental
-
Automotive service and/or paint shop
-
Automotive supply store
-
Bakery
-
Car/Truck wash
-
Club
-
Convenience store
-
Contracting services
-
Dry cleaning/Laundromat services
-
Gas bar
-
Greenhouse
-
Manufacturing, processing, packaging or
assembly of goods or materials
-
Mini storage
-
Public Administration
-
Repair shop
-
Sign, excluding dynamic sign
-
Trucking establishment
-
Warehouse
-
Veterinary clinic
-
Second and additional, Accessory
Building under 13.4m2
-
Second and additional, Accessory
Building 13.4 m2 and over
-
Abattoir
-
Air supported structure and fabric-
covered structure
-
Amusement arcade
-
Adult entertainment
-
Auction mart
-
Bulk fuel and/or fertilizer sales and
storage
-
Cannabis facility
-
Dynamic Sign
-
Gambling and gaming hall
-
Housing, apartment (low rise), second
story and above
-
Housing, apartment (high rise), second
story and above
-
Liquor store
-
Meat processing plant
-
Recycling depot
-
Restaurant
-
Restaurant, drive-thru
-
Salvage yard
-
C-Can
-
Solar Collectors not in conformance with
Section 9.10.
-
Wrecking yard
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(3)
Development Standards
The Development Standards for all uses identified in Table 12.13.1 shall adhere to the standards
listed in Table 12.13.2.
Table 12.13.2
Development Standard
Site Standard
Minimum Lot Area (m²)
500 metres²
Minimum Lot Frontage (m)
15 metres
Maximum Lot Coverage (%)
50%
Minimum Front Yard Setback (m)
6 metres
Minimum Rear Yard Setback (m)
5 metres
Minimum Rear Yard Setback (m) -
Accessory buildings, under 13.4m²
Nil
Minimum Rear Yard Setback (m) -
Accessory buildings, over 13.4m²
1.5 metres
Minimum Side Yard Setback (m)
3 metres
Minimum Side Yard Setback (m) -
Accessory buildings, under 13.4m²
Nil
Minimum Side Yard Setback (m) -
Accessory buildings, over 13.4m²
1.5 metres
Maximum Height
15 metres
(4)
Design Regulations
(a)
The façade of any principal building should be finished in brick, rock, stone, stucco,
wood, glass, and/or precast concrete. Exterior finishes should require minimal
maintenance but demonstrate high quality workmanship.
(b)
No outdoor storage of goods, materials, or equipment shall be permitted within any
portion of a front, side, or rear yard, which runs parallel to an adjacent roadway.
(c)
All loading facilities should be located and accessed from a side and/or rear yard.
(d)
Additional design regulations may be required at the discretion of the Development
Authority.
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(5)
Additional Regulations
(a)
No access to a lot shall be provided from Highway 20 or Highway 53 without obtaining
the approval of Alberta Transportation.
(b)
Accessory uses in this designation shall be subject to the regulations as per 8.1.
(c)
Accessory uses in this designation shall be subject to the regulations as per 8.1.
(d)
Temporary uses in this designation shall be subject to the regulations as per 8.25.
(e)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(f)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 10.
(g)
Landscaping in this designation shall be provided in accordance with the regulations in
8.16.
(h)
The construction of signs in this designation shall be in accordance with the regulations
in Part 11.
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12.14 PUBLIC SERVICE (PS)
(2)
Purpose
The PS - Public Services designation is intended to accommodate the development of uses which
serve the public and which are of benefit to the community.
(3)
Permitted and Discretionary Uses
Table 12.14.1 outlines the permitted and discretionary uses contemplated in the PS designation
where approval is subject to the issuance of an authorized development permit.
Table 12.14.1
Permitted Uses
Discretionary Uses
-
First Accessory Buildings 13.4 m2 and
over
-
Cemetery
-
Community centre
-
Hospital
-
Landfill
-
Library
-
Museum
-
Park
-
Public administration
-
Recreational facility
-
Residential care facility
-
School
-
Sign
-
Tourism information centre
-
Utility installations
-
Second and additional, Accessory
Building under 13.4m2
-
Second and additional, Accessory
Building 13.4 m2 and over
-
Animal shelter
-
Campground
-
Childcare facility
-
Golf course
-
Medical clinic
-
Retail
-
Restaurant
-
C-Can
-
Solar Collectors not in conformance with
Section 9.10.
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(4)
Development Standards
The Development Standards for all uses identified in Table 12.14.1 shall adhere to the standards
listed in Table 12.14.2.
Table 12.14.2
Development Standards
Site Standard
Minimum Lot Area (m²)
500 metres²
Minimum Lot Frontage (m)
15 metres
Maximum Lot Coverage (%)
75%
Minimum Front Yard Setback (m)
7.5 metres
Minimum Rear Yard Setback (m)
5 metres
Minimum Rear Yard Setback (m) -
Accessory buildings, under 13.4m²
Nil
Minimum Rear Yard Setback (m) -
Accessory buildings, over 13.4m²
1.5 metres
Minimum Side Yard Setback (m)
3 metres
Minimum Side Yard Setback (m) -
Accessory buildings, under 13.4m²
Nil
Minimum Side Yard Setback (m) -
Accessory buildings, over 13.4m²
1.5 metres
Maximum Height
12.2 metres
(5)
Additional Regulations
(a)
Accessory uses in this designation shall be subject to the regulations as per 8.1.
(b)
Temporary uses in this designation shall be subject to the regulations as per 8.25.
(c)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(d)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 10.
(e)
Landscaping in this designation shall be provided in accordance with the regulations in
8.16.
(f)
The construction of signs in this designation shall be in accordance with the regulations
in Part 11.
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12.15
URBAN HOLDINGS (UH)
(1)
Purpose
The UH - Urban Holdings designation is intended to retain land in an undeveloped manner for
future urban expansion, while contemplating a limited number of interim uses, and allowing
existing uses to remain until development proceeds.
(2)
Permitted and Discretionary Uses
Table 12.15.1 outlines the permitted and discretionary uses contemplated in the UH designation
where approval is subject to the issuance of an authorized development permit.
Table 12.15.1
Permitted Uses
Discretionary Uses
-
Accessory Uses
-
Agriculture, excluding intensive livestock
operations
-
Home based business
-
Park
-
Public administration
-
Stormwater Management Facility
-
Utility installations
-
Animal shelter
-
Campground
-
Golf course
-
Sign
-
C-Can
-
Solar collectors, not in conformance with
Section 9.10.
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(3)
Development Standards
The Development Standards for all uses identified in Table 12.15.2 shall adhere to the standards
listed in Table 12.15.2.
Table 12.15.2
Development Standards
Site Standard
Minimum Lot Area (m²)
500 metres²
Minimum Lot Frontage (m)
15 metres
Maximum Lot Coverage (%)
75%
Minimum Front Yard Setback (m)
7.5 metres
Minimum Rear Yard Setback (m)
5 metres
Minimum Rear Yard Setback (m) -
Accessory buildings, under 13.4m²
Nil
Minimum Rear Yard Setback (m) -
Accessory buildings, over 13.4m²
1.5 metres
Minimum Side Yard Setback (m)
3 metres
Minimum Side Yard Setback (m) -
Accessory buildings, under 13.4m²
Nil
Minimum Side Yard Setback (m) -
Accessory buildings, over 13.4m²
1.5 metres
Maximum Height
12.2 metres
(4)
Additional Regulations
(a)
Accessory uses in this designation shall be subject to the regulations as per 8.1.
(b)
Temporary uses in this designation shall be subject to the regulations as per 8.25.
(c)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(d)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 10.
(e)
Landscaping in this designation shall be provided in accordance with the regulations in
8.16.
(f)
The construction of signs in this designation shall be in accordance with the regulations
in Part 11.
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12.16 DIRECT CONTROL (DC)
(1)
Purpose
The DC - Direct Control designation is intended to provide control over the use and
development of land or buildings for which Council has determined that, because of unique
land use characteristics, innovative ideas, or special environmental concerns, such
development could not be effectively accommodated under any other land use designation in
this Bylaw.
(2)
Permitted and Discretionary Uses
(a)
All permitted and discretionary uses shall be as prescribed in the previously written
Statutory Plan.
(b)
In the absence of an adopted Area Structure Plan or Area Redevelopment Plan, any use
which, in the opinion of the Development Authority, is compatible with the character of
existing surrounding uses and adjacent designated Land Use Districts may also be
allowed.
(3)
Development Standards
(a)
The Development Authority may require additional information to properly evaluate
the proposed development in terms of its compliance with this Bylaw, and any
applicable Statutory Plan.
(b)
All development shall comply with the lot sizes, building setback requirements and
other development criteria as prescribed in any applicable Statutory Plan.
(4)
Additional Regulations
(a)
All other development requirements shall be at the discretion of the Development
Authority. In determining the appropriate requirements for a development in the DC
District, the Development Authority shall have regard to any provisions in this Bylaw for
similar uses or developments.
(b)
In the absence of an adopted Area Structure Plan or Area Redevelopment Plan, the
regulations which will be applied to a development will be those which, in the opinion
of the Development Authority, are compatible with the character of existing
surrounding uses and adjacent designated Land Use Districts.
Town of Rimbey Bylaw 1008/24
2024
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12.17 DIRECT CONTROL DISTRICT - 2020-01
(1)
Location
Lot 1, Block 9, Plan 148BT (4906 - 50 Street)
(2)
Purpose
To accommodate and allow for the residential units to be located on the ground floor within
an otherwise designated Central Commercial (C1) district.
(3)
Permitted Uses
(a)
Two (2) Ground floor residential units.
(b)
As per the permitted uses contained within the Central Commercial (C1) designation.
(4)
Discretionary Uses
(a)
Additional ground floor residential units.
(b)
As per the permitted uses contained within the Central Commercial (C1) designation.
(5)
Development Standards and Setback Requirements
(a)
As per the requirements contained within the Central Commercial (C1) designation.
(b)
Additional development standards as determined by Council or its delegate.
(6)
Maximum Number of Lots
(a)
One (1).