Saddle Hills County, Alberta
· No. 430-2024
· summary & facts
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Saddle Hills County | Land Use Bylaw | Bylaw No. 429-2024
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Saddle Hills County | Land Use Bylaw | Bylaw No. 429-2024
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ISL Engineering and Land Services Ltd. is an award-winning full-service consulting firm dedicated to working with all
levels of government and the private sector to deliver planning and design solutions for transportation, water, and land
projects.
Saddle Hills County | Land Use Bylaw | Bylaw No. 429-2024
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Saddle Hills County
Land Use Bylaw
Bylaw No. 430-2024
Saddle Hills County | Land Use Bylaw | Bylaw No. 429-2024
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This document is consolidated into a single publication for the convenience of users. When making reference to
this document, users are directed to contact Saddle Hills County for additional amendments. In case of any dispute,
the original bylaws should be consulted.
Saddle Hills County
Contents
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SECTION 1
ENACTMENT .............................................................................. 2
1.1.
TITLE ........................................................................................................................... 2
1.2.
PURPOSE ................................................................................................................... 2
1.3.
APPLICATION ............................................................................................................ 2
1.4.
CONFORMITY WITH BYLAW .................................................................................... 2
1.5.
ADDITIONAL REQUIREMENTS ................................................................................ 2
1.6.
TRANSITIONAL PROVISIONS .................................................................................. 2
1.7.
INTERPRETATION .................................................................................................... 2
SECTION 2
DEVELOPMENT AUTHORITIES ................................................ 2
2.1.
ESTABLISHMENT OF DEVELOPMENT AUTHORITY ............................................ 2
2.2.
DUTIES AND POWERS OF DEVELOPMENT AUTHORITY ................................... 2
2.3.
DEVELOPMENT AUTHORITY'S DISCRETION ....................................................... 3
SECTION 3
LAND USE DISTRICTS .............................................................. 6
3.1.
LAND USE DISTRICT CLASSIFICATIONS .............................................................. 6
3.2.
LAND USE DISTRICT MAPS ..................................................................................... 6
3.3.
LAND USE DISTRICT AMENDMENTS OR REZONING.......................................... 6
SECTION 4
RURAL DISTRICTS .................................................................... 8
4.1.
AGRICULTURE (A) DISTRICT .................................................................................. 8
4.2.
CROWN LAND (CL) DISTRICT ............................................................................... 11
SECTION 5
COUNTRY RESIDENTIAL DISTRICTS ................................... 14
5.1.
COUNTRY RESIDENTIAL ONE (CR1) DISTRICT ................................................. 14
5.2.
COUNTRY RESIDENTIAL TWO (CR2) DISTRICT ................................................ 16
SECTION 6
HAMLET DISTRICTS................................................................ 19
6.1.
HAMLET RESIDENTIAL ONE (HR1) DISTRICT .................................................... 19
6.2.
HAMLET RESIDENTIAL TWO (HR2) DISTRICT .................................................... 20
6.3.
HAMLET COMMERCIAL (HC) DISTRICT............................................................... 21
6.4
HAMLET INDUSTRIAL (HI) DISTRICT ................................................................... 22
6.5
HAMLET CANNABIS (HCB) DISTRICT .................................................................. 23
Saddle Hills County
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SECTION 7
INDUSTRIAL AND COMMERCIAL DISTRICTS ...................... 25
7.1.
RURAL COMMERCIAL (RC) DISTRICT ................................................................. 25
7.2.
RURAL LIGHT INDUSTRIAL (RLI) DISTRICT ........................................................ 25
7.3.
RURAL HEAVY INDUSTRIAL (RHI) DISTRICT ...................................................... 28
7.4.
RURAL CANNABIS (RCB) DISTRICT ..................................................................... 30
SECTION 8
PUBLIC DISTRICTS ................................................................. 32
8.1.
PUBLIC SERVICE (PS) DISTRICT .......................................................................... 32
SECTION 9
GENERAL REGULATIONS....................................................... 34
9.1.
ACCESS, ROADS AND APPROACHES ................................................................. 34
9.2.
DESIGN, CHARACTER AND APPEARANCE OF BUILDINGS ............................. 34
9.3.
ENVIRONMENTAL STANDARDS ........................................................................... 34
9.4.
EXTERIOR LIGHTING ............................................................................................. 36
9.5.
EXTERIOR STORAGE ............................................................................................. 36
9.6.
FENCES .................................................................................................................... 37
9.7.
FRAGMENTED PARCELS ....................................................................................... 37
9.8.
GRADING, STRIPPING AND STOCKPILING ......................................................... 37
9.9.
HEIGHT OF BUILDINGS .......................................................................................... 38
9.10.
LANDSCAPING AND SCREENING ........................................................................ 39
9.11.
LOT COVERAGE ...................................................................................................... 39
9.12.
PARKING REQUIREMENTS.................................................................................... 40
9.13.
PERMITTED ENCROACHMENTS .......................................................................... 40
9.14.
RELOCATION OF BUILDINGS ................................................................................ 41
9.15.
ROAD SETBACKS ................................................................................................... 41
9.16.
SEWAGE DISPOSAL SYSTEMS ............................................................................ 42
9.17.
SIGN REGULATIONS .............................................................................................. 42
SECTION 10
SPECIAL LAND USE REGULATIONS ..................................... 45
10.1.
ACCESSORY BUILDINGS ....................................................................................... 45
10.2.
BED AND BREAKFASTS ......................................................................................... 45
10.3.
CAMPGROUNDS ..................................................................................................... 46
10.4.
CANNABIS ................................................................................................................ 46
10.5.
CHILD CARE FACILITIES ........................................................................................ 48
10.6.
COMMUNICATION TOWERS AND ANTENNA SYSTEMS .................................... 48
10.7.
CONFINED FEEDING OPERATIONS ..................................................................... 49
10.8.
DUGOUTS ................................................................................................................ 50
10.9.
DWELLING UNITS PER LOT .................................................................................. 50
10.10.
HOME BASED BUSINESS ...................................................................................... 50
10.11.
MANUFACTURED HOMES ..................................................................................... 51
Saddle Hills County
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10.12.
OILFIELD FACILITIES .............................................................................................. 51
10.13.
SEA CANS ................................................................................................................ 52
10.14.
SECONDARY SUITES ............................................................................................. 52
10.15.
SOLAR ENERGY FACILITIES ................................................................................. 53
10.16.
SOLAR COLLECTORS ............................................................................................ 53
10.17.
WILD BOAR .............................................................................................................. 53
10.18.
WIND ENERGY CONVERSION SYSTEMS (WECS) ............................................. 54
10.19.
WORK CAMPS ......................................................................................................... 57
SECTION 11
ADMINISTRATIVE PROVISIONS ............................................ 60
11.1.
WHEN DEVELOPMENT PERMITS ARE REQUIRED ............................................ 60
11.2.
WHEN DEVELOPMENT PERMITS ARE NOT REQUIRED ................................... 60
11.3.
DEVELOPMENT PERMIT APPLICATIONS ............................................................ 61
11.4.
SUBDIVISION APPLICATIONS ............................................................................... 63
11.5.
DETERMINATION AND NOTIFICATION OF COMPLETE APPLICATIONS ......... 63
11.6.
REFERRALS ............................................................................................................. 65
11.7.
CONDITIONS OF A DEVELOPMENT PERMIT OR SUBDIVISION APPROVAL .. 65
11.8.
NOTIFICATION OF DECISION ................................................................................ 66
11.9.
COMPLIANCE .......................................................................................................... 66
11.10.
APPEALS .................................................................................................................. 67
11.11.
AMENDMENTS......................................................................................................... 71
SECTION 12
DEFINITIONS............................................................................ 75
Saddle Hills County
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SCHEDULES
LIST OF FIGURES
LIST OF TABLES
SCHEDULE A: LIST OF LAND USE DISTRICT MAPS .......................................................................... 87
SCHEDULE B: LAND USE DISTRICT MAPS ......................................................................................... 88
SCHEDULE C: AMENDMENTS ............................................................................................................. 114
Figure 4.1:
Agriculture Lot Density..................................................................................................... 10
Figure 9.1:
Setbacks .......................................................................................................................... 35
Figure 9.2:
Elements not Included in the Measurement of Building Height ..................................... 38
Figure 9.3:
Elements Included in the Calculation of Lot Coverage .................................................. 39
Figure 9.4:
Permitted Yard Encroachments ...................................................................................... 40
Figure 9.5:
Corner Lot Restrictions .................................................................................................... 42
Figure 9.6:
Sign Types........................................................................................................................ 43
Figure 11.1:
Development Process ..................................................................................................... 62
Figure 11.2:
Subdivision Process ........................................................................................................ 64
Figure 11.3:
Development Appeal Process ......................................................................................... 69
Figure 11.4:
Subdivision Appeal Process ............................................................................................ 70
Figure 11.5:
Bylaw Amendment Process ............................................................................................ 73
Figure 12.1:
Abut .................................................................................................................................. 75
Figure 12.2:
Adjacent ........................................................................................................................... 75
Figure 12.3:
Deck ................................................................................................................................. 77
Figure 12.4:
Duplex .............................................................................................................................. 78
Figure 12.5:
Secondary Suite............................................................................................................... 83
Figure 12.6:
Semi-Detached Dwelling ................................................................................................. 84
Figure 12.7:
Yards ................................................................................................................................ 85
Table 9.1:
Setback Measurement ..................................................................................................... 35
Table 9.2:
Road Setbacks ................................................................................................................ 41
Table 10.1:
Livestock Operations Regulated by the NRCB .............................................................. 49
Table 10.2:
Home Based Business Criteria ....................................................................................... 50
Table 10.3:
AER Setback Requirements ........................................................................................... 52
Section 1.0 | ENACTMENT
Saddle Hills County | Land Use Bylaw | Bylaw No. 429-2024
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Section 1.0 |
ENACTMENT
Section 1.0 | ENACTMENT
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SECTION 1 ENACTMENT
1.1.
TITLE
This Bylaw may be cited as the "Saddle Hills County Land Use Bylaw."
1.2.
PURPOSE
The purpose of this Bylaw is to coordinate and guide the use and development of land and buildings within the
County in order to achieve the orderly and economic development of land, to support the efficient use of County
infrastructure, and to implement the goals, objectives, and policies of the Municipal Development Plan.
1.3.
APPLICATION
The provisions of this Bylaw apply to all land and buildings within the boundaries of the County.
1.4.
CONFORMITY WITH BYLAW
No person shall commence any development unless it is in accordance with the terms and conditions of a
development permit issued pursuant to this Bylaw, where such a permit is required. See Section 11 for more
information.
1.5.
ADDITIONAL REQUIREMENTS
In addition to meeting the requirements of this Bylaw, it is the responsibility of the applicant to obtain other such
permits, approvals or licenses that may be required by the County or other Provincial Government departments
and agencies.
1.6.
TRANSITIONAL PROVISIONS
An application for a development permit that is received in its complete and final form prior to the effective date of
this Bylaw shall be processed, and any development permit issued, shall be in accordance with Bylaw No. 173-
2009 as amended.
1.7.
INTERPRETATION
For the purpose of interpreting this Bylaw, the definitions provided in Section 12 shall apply. All defined terms are
highlighted in the text in italics.
Section 2.0 | DEVELOPMENT AUTHORITIES
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Section 2.0 |
DEVELOPMENT AUTHORITIES
Section 2.0 | DEVELOPMENT AUTHORITIES
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SECTION 2 DEVELOPMENT AUTHORITIES
2.1.
ESTABLISHMENT OF DEVELOPMENT AUTHORITY
2.1.1
The office of Development Officer, as established by separate bylaw is hereby authorized to act as a
"Development Authority".
2.1.2
The Municipal Planning Commission, as established by separate bylaw, is hereby authorized to act as a
"Development Authority".
2.2.
DUTIES AND POWERS OF DEVELOPMENT AUTHORITY
2.2.1
The Development Officer shall:
(a) be hereby appointed a "Designated Officer" for the purposes of entering and inspecting land;
(b) refer all development permit applications for Discretionary Uses to the Municipal Planning Commission, as
well as all development permit applications for uses that may be the same or similar in character and
purpose to a use listed under that Land Use District, despite that the use not being specifically listed as either
"Permitted Uses" or "Discretionary Uses" in the subject Land Use District;
(c) receive, process, and review all development permit applications for Permitted Uses and subdivision
applications;
(d) keep and maintain for inspection by the public during office hours, a copy of this Bylaw and all amendments
thereto;
(e) meet all administrative functions as required by legislation and keep a register of all applications for
development, including the decisions thereon and the reasons therefore;
(f) undertake all responsibilities and functions as per the County's Municipal Development Plan, this Bylaw, all
other statutory plans and amendments thereto and additional powers as per the Act and Regulation; and
(g) sign orders, decisions, approvals, notices, and other items referred to it on behalf of the Municipal Planning
Commission as per motions made.
2.2.2
Notwithstanding 2.2.1(b), the Development Officer may in his/her discretion refer any development permit
application or subdivision application to the Municipal Planning Commission for a decision.
2.2.3
The Municipal Planning Commission shall:
(a) consider all development permit applications for Discretionary Uses;
(b) consider any other development permit or subdivision applications referred by the Development Officer;
(c) follow the County's Council, Boards and Committee Meeting Procedures Bylaw;
(d) following the Council appointment of new members each year, a Chair and Vice Chair will be elected by the
Municipal Planning Commission.
(e) consider all development permit applications for Discretionary Uses;
Section 2.0 | DEVELOPMENT AUTHORITIES
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2.3.
DEVELOPMENT AUTHORITY'S DISCRETION
2.3.1
The Development Authority shall consider and decide on development permit applications within forty days of the
receipt of the application in its complete and final form in accordance with Section 11.5. If a decision is not made
within forty days of receipt of the complete application, the permit shall, at the option of the applicant, be deemed
refused. Alternately, the applicant may at his/ her discretion enter into a time extension agreement with the
Development Officer to allow for additional time to receive a decision.
2.3.2
A development permit application for a use that is not listed as a "Permitted Use" or a "Discretionary Use" in the
subject Land Use District shall be refused.
2.3.3
Notwithstanding Section 2.3.2, if the Municipal Planning Commission determines that the proposed use of land or
a building is similar in character and purpose to a use listed under that Land Use District, despite the use not
being specifically listed as a "Permitted Use" or "Discretionary Use" in the Bylaw, the Development Authority may
issue a development permit.
2.3.4
In making a decision on an application for a "Permitted Use", the Development Authority shall:
(a) approve with or without conditions, an application for a development permit where the proposed development
conforms with this Bylaw; or
(b) refuse an application for a development permit if the proposed development does not conform to the Bylaw;
or
(c) refuse an application for a development permit or subdivision that is deemed to be incomplete in accordance
with Section 11.5.
2.3.5
In making a decision on an application for a "Discretionary Use", the Development Authority:
(a) may approve, either permanently or for a limited period of time, a development permit application which
meets the requirements of this Bylaw, with or without conditions;
(b) may refuse a development permit application even though it meets the requirements of this Bylaw;
(c) shall refuse, a development permit application if the proposed development does not conform with this
Bylaw.
2.3.6
In reviewing a development permit application for a Discretionary Use, the Development Authority shall have
regard for:
(a) the purpose and intent of the Act, as well as any statutory plans adopted by the County;
(b) the circumstances and merits of the application, which may include such items as:
(i)
impact of nuisance factors such as smoke, airborne emissions, odours and noise on nearby properties;
(ii) the design, character and appearance of the development shall be compatible with and complementary
to the surrounding area; and
(iii) the servicing requirements for the proposed development.
2.3.7
Notwithstanding Section 2.3.4(b), the Development Officer has the discretion to allow a variance up to twenty-five
percent (25%), and notwithstanding 2.3.4(b) and 2.3.5(c) the Municipal Planning Commission has the discretion
to allow a variance up to and including fifty percent (50%) to any front yard, side yard or rear yard setback, top of
bank setback (as per Section 9.3), building height, lot width, or lot area requirement if, in the opinion of the
Development Authority:
Section 2.0 | DEVELOPMENT AUTHORITIES
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(a) the proposed development would not;
(i)
unduly interfere with the amenities of the neighbourhood, or
(ii) materially interfere with or affect the use, enjoyment or value of neighbouring properties; and
(b) the proposed development conforms with the use prescribed for the land or building in this Bylaw.
2.3.8
A variance will not be allowed if the granting of the variance results in a development that does not meet the
requirements of the Regulation.
2.3.9
In the event that a variance is granted pursuant to Section 2.3.7, the County shall indicate in its files the type and
extent of any variance granted to any development permit approval.
Section 3.0 | LAND USE DISTRICTS
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Section 3.0 |
LAND USE DISTRICTS
Section 3.0 | LAND USE DISTRICTS
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SECTION 3 LAND USE DISTRICTS
3.1.
LAND USE DISTRICT CLASSIFICATIONS
For the purpose of this Bylaw, all lands within the County are divided into Land Use Districts and are classified as
follows:
LAND USE DISTRICT
SYMBOL
Agriculture District Crown Land District
Country Residential One District
Country Residential Two District
Hamlet Residential One District
Hamlet Residential Two District
Hamlet Commercial District
Hamlet Industrial District
Rural Commercial District
Rural Heavy Industrial District
Rural Light Industrial District
Rural Cannabis District
Public Service
ACL
CR1
CR2
HR1
HR2
HC
HI
RC
RHI
RLI
RCB
PS
3.2.
LAND USE DISTRICT MAPS
3.2.1
The Land Use District Maps, as may be amended or replaced from time to time, divide the County into Land Use
Districts, and are contained in Schedule B of this Bylaw.
3.2.2
In the event that a dispute arises over the boundary of any Land Use District as shown on the Land Use District
Maps, the Development Authority shall decide upon the location of the boundary.
3.3.
LAND USE DISTRICT AMENDMENTS OR REZONING
3.3.1
Land Use District amendments or rezoning amendments may be initiated by an applicant or Council to
accommodate a use.
Section 4.0 | RURAL DISTRICTS
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Section 4.0 |
RURAL DISTRICTS
Section 4.0 | RURAL DISTRICTS
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SECTION 4 RURAL DISTRICTS
4.1.
AGRICULTURE (A) DISTRICT
4.1.1
Purpose
The purpose of this Land Use District is to provide for the development of a wide variety of uses that are
compatible with the agricultural community, and promote responsible rural development in accordance with the
policies of the Municipal Development Plan.
Permitted Uses
Discretionary Uses
- accessory dwelling
- agricultural sales and service
- agriculture (extensive) [development permit not
required as per Section 11.2]
- apiary
- cabin
- exterior storage
- home based business (minor) [development
permit not required as per Section 11.2]
- manufactured home
- public building or use
- recreation (extensive)
- sea can
- second dwelling unit on a lot greater than 10 acres
- secondary suite
- sign
- single detached dwelling unit
- solar collector
- agricultural industry
- agriculture (intensive)
- agri-tourism
- bed and breakfast
- campground
- co-housing facility
- compressor station
- communication tower and antenna system
- golf course
- home based business (major)
- kennel
- natural resource extraction industry
- office (business, administrative and
professional)
- oil or gas processing plant
- power generating station
- private aircraft landing strip
- public utility
- recreation (indoor)
- recreation resort
- recreational vehicle storage
- religious assembly
- sawmill
- second dwelling unit on a lot of 10 acres or less
Section 4.0 | RURAL DISTRICTS
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- shooting range
- used oil storage facility
- work camp
- wind energy conversion system
- Any other use that, in the opinion of the
Development Authority, is similar to
- another use in this Land Use District and conforms to
the general purpose and intent of this Land Use
District.
Accessory buildings or uses are permitted where the principal building or use is a Permitted Use and for which a
development permit has been issued and are discretionary where the principal building or use is a Discretionary
Use and for which a development permit has been issued.
4.1.2
Development Regulations
In addition to those regulations in Section 9, General Regulations, and Section 10, Special Regulations, the
following regulations shall apply.
(a) Lot Area
- Minimum
2.0 ha (5.0 ac)
- Maximum
4.0 ha (10.0 ac), or larger at the discretion of the
Approving Authority, if any of the following three
conditions are met:
(i)
There is a need to accommodate
related farm buildings and
improvements (including shelterbelt);
or
(ii) The land to be subdivided has a Rural
Farmland Assessment (RFA) rating of
37% or less; and/or
(iii) The topography contains excessive
contour elevations or contains
wetlands (to be determined by site
inspection and/ or supporting
geotechnical information).
(b) Front Yard Setback
- Minimum
See Section 9.15.
(c) Side Yard Setback
- Minimum
15.2 m (50 ft) unless a corner lot where the minimum
side yard shall be the same as the front yard.
(d) Rear Yard Setback
- Minimum
15.2 m (50 ft).
(e) Lot Density
- Maximum
One lot plus the balance per unsubdivided quarter
section (not including fragmented parcels) if the land
to be subdivided has an RFA rating of 38% or greater.
Section 4.0 | RURAL DISTRICTS
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Three lots plus the balance (not including fragmented
parcels) may be allowed if:
(i) The land to be subdivided has an RFA rating of 37% or
less; and/or
(ii) The topography contains excessive contour
elevations or wetlands (to be determined by site
inspection and/or supporting geotechnical
information).
The re-subdivision of a 4.0 ha (10 ac) lot into two 2.0 ha
(5 ac) lots may be permitted in this Land Use District if
the resulting cumulative lot density does not exceed
three lots.
Figure 4.1: Agriculture Lot Density
Section 4.0 | RURAL DISTRICTS
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4.2.
CROWN LAND (CL) DISTRICT
4.2.1
Purpose
The purpose of this Land Use District is to provide for development on leased land within the Green Area. It is
important to note that the Development Authority has limited jurisdiction on development in this Land Use District
as the province has the authority to approve leases and developments that may not comply with County
requirements.
Permitted Uses
Discretionary Uses
- agriculture (extensive) [development
permit not required as per Section 11.2]
- apiary
- communication tower and antenna system
- compressor station
- exterior storage
- manufactured home
- public building or use
- public utility
- recreation (extensive)
- second or additional dwelling unit or
secondary suite on a lot of 80 acres or more
- sign
- single detached dwelling unit
- home based business (major)
- industrial landfill
- kennel
- natural resource extraction industry
- oil or gas processing plant
- open camp
- sawmill
- second or additional dwelling unit or secondary suite on
a lot of less than 80 acres
- wind energy conversion system
- work camp
- Any other use that, in the opinion of the Development
Authority, is similar to another use in this Land Use
District and conforms to the general purpose and
intent of this Land Use District.
Accessory buildings or uses are permitted where the principal building or use is a Permitted Use and for which
a development permit has been issued and are discretionary where the principal building or use is a
Discretionary Use and for which a development permit has been issued.
Section 4.0 | RURAL DISTRICTS
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4.2.2
Development Regulations
In addition to those regulations in Section 9, General Regulations, and Section 10, Special Regulations, the
following regulations shall apply.
(a) Front Yard Setback
- Minimum
See Section 9.15.
(b) Side Yard Setback
- Minimum
15.2 m (50 ft). If adjacent to a road, Section 9.15 shall apply.
(c) Rear Yard Setback
- Minimum
15.2 m (50 ft).
4.2.3
Additional Requirements
In cases where privately owned parcels are shown on the Land Use District Map as being located in the Crown
Land District (CL), they shall be considered as part of the Agriculture (A) District.
Section 5.0 | COUNTRY RESIDENTIAL DISTRICTS
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Section 5.0 |
COUNTRY RESIDENTIAL DISTRICTS
Section 5.0 | COUNTRY RESIDENTIAL DISTRICTS
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SECTION 5 COUNTRY RESIDENTIAL DISTRICTS
5.1.
COUNTRY RESIDENTIAL ONE (CR1) DISTRICT
5.1.1
Purpose
The purpose of this Land Use District is to accommodate multi-parcel country residential development in the form
of single detached dwellings, manufactured homes, and complementary uses.
Permitted Uses
Discretionary Uses
- home based business (minor)
- manufactured home
- secondary suite
- single detached dwelling unit
- solar collector
- bed and breakfast
- duplex
- multi-unit dwelling
- recreation (extensive)
- sea can
- sign
- small scale wind energy conversion system
- Any other use that, in the opinion of the Development
Authority, is similar to another use in this Land Use
District and conforms to the general purpose and
intent of this Land Use District.
Accessory buildings or uses are permitted where the principal building or use is a Permitted Use and for which
a development permit has been issued, and are discretionary where the principal building or use is a
Discretionary Use and for which a development permit has been issued.
5.1.2
Development Regulations
In addition to those regulations in Section 9, General Regulations, and Section 10, Special Regulations, the
following regulations shall apply.
Section 5.0 | COUNTRY RESIDENTIAL DISTRICTS
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(a) Lot Area
Minimum:
0.8 ha (2.0 ac).
Maximum:
2 ha (5 ac) or at the discretion of the Approving
Authority, if either of the following two conditions are
met:
(i) The land to be subdivided has a Rural Farmland
Assessment (RFA) rating of 37% or less; or
(ii) The topography contains excessive contour
elevations or contains wetlands (to be determined by
site inspection and/or supporting geotechnical
information).
(b) Lot Width
Minimum:
50 m (164 ft).
(c) Front Yard Setback
Minimum:
See Section 9.15.
(d) Side Yard Setback, Exterior
Minimum:
See Section 9.15.
(e) Side Yard Setback, Interior
Minimum:
15.2 m (50 ft).
(f) Rear Yard Setback
Minimum:
15.2 m (50 ft).
(g) Lot Density
Maximum:
At the discretion of the Approving Authority
(h) Building Height
Maximum:
10 m (33 ft) from average finished grade.
(i) Lot Coverage
Maximum:
15%.
Section 5.0 | COUNTRY RESIDENTIAL DISTRICTS
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5.2.
COUNTRY RESIDENTIAL TWO (CR2) DISTRICT
5.2.1
Purpose
The purpose of this Land Use District is to accommodate country residential development on larger lots with
provision for an accessory business or a small-scale agricultural component in order to promote economic
development opportunities in the County in accordance with the policies of the Municipal Development Plan.
Permitted Uses
Discretionary Uses
- home based business (minor)
- manufactured home
- secondary suite
- single detached dwelling unit
- solar collector
- bed and breakfast
- duplex
- home based business (major)
- minor agricultural pursuits
- multi-unit dwelling
- sea can
- sign
- small scale wind energy conversion system
- Any other use that, in the opinion of the Development
Authority, is similar to
another use in this Land Use District and conforms to
the general purpose and intent of this Land Use District.
Accessory buildings or uses are permitted where the principal building or use is a Permitted Use and for which
a development permit has been issued, and are discretionary where the principal building or use is a
Discretionary Use and for which a development permit has been issued.
5.2.2
Development Regulations
In addition to those regulations in Section 9, General Regulations, and Section 10, Special Regulations, the
following regulations shall apply.
Section 5.0 | COUNTRY RESIDENTIAL DISTRICTS
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(a) Lot Area
- Minimum
2.0 ha (5.0 ac).
- Maximum
4 ha (10 ac) or at the discretion of the
Approving Authority, if either of the
following two conditions are met:
(i) The land to be subdivided has a Rural
Farmland Assessment (RFA) rating of
37% or less; or
(ii) The topography contains excessive
contour elevations or contains wetlands
(to be determined by site inspection
and/or supporting geotechnical
information).
(b) Lot Width
- Minimum
50 m (164 ft).
(c) Front Yard Setback
- Minimum
See Section 9.15.
(d) Side Yard Setback, Exterior
- Minimum
See Section 9.15.
(e) Side Yard Setback, Interior
- Minimum
15.2 m (50 ft).
(f) Rear Yard Setback
- Minimum
15.2 m (50 ft)
(g) Lot Density
- Maximum
At the discretion of the Approving
Authority
(h) Building Height
- Maximum
10 m (33 ft) from average finished grade.
(i) Lot Coverage
- Maximum
10%
5.2.3
Additional Requirements: Minor Agricultural Pursuits
(a) The keeping of livestock shall be limited to no more than one (1) animal unit per acre or part thereof, to a
maximum of three (3) animal units per lot to be calculated in accordance with the following chart:
Type of
Livestock
Number of Animals
Equivalent to One Animal
Unit
Cow (plus calf under 6 months)
1
Horse (plus foal under 6 months)
1
Sheep/Goats (plus lambs/kids under 6 months)
2
Pigs (plus offspring under 2 months)
2
Fowl
50
Rabbits
30
(b) Adequate fencing and/or buffering shall be constructed to the satisfaction of the Development Authority to
ensure the on-site confinement of animals and to reduce the impact of noise or visual presence on
surrounding properties.
Section 6.0 | HAMLET DISTRICTS
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Section 6.0 |
HAMLET DISTRICTS
Section 6.0 | HAMLET DISTRICTS
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SECTION 6 HAMLET DISTRICTS
6.1.
HAMLET RESIDENTIAL ONE (HR1) DISTRICT
6.1.1
Purpose
The purpose of this Land Use District is to provide for a diversity of residential forms and other compatible uses
within the hamlet of Woking.
Permitted Uses
Discretionary Uses
- duplex
- home based business (minor)
- manufactured home
- single detached dwelling unit
- solar collector
- child care facility
- multi-unit dwelling
- public building or use
- sea can
- secondary suite
- sign
- Any other use that, in the opinion of the Development Authority, is
similar to another use in this Land Use District and conforms to the
general purpose and intent of this Land Use District.
Accessory buildings or uses are permitted where the principal building or use is a Permitted Use and for which
a development permit has been issued, and are discretionary where the principal building or use is a
Discretionary Use and for which a development permit has been issued.
6.1.2
Development Regulations
In addition to those regulations in Section 9, General Regulations, and Section 10, Special Regulations, the
following regulations shall apply.
(a) Lot Area
Minimum:
0.05 ha (0.1 ac).
Maximum: 0.2 ha (0.5 ac).
(b) Lot Width
Minimum:
15.2 m (50 ft).
(c) Front Yard Setback
Minimum:
7.6 m (25 ft).
(d) Side Yard Setback, Exterior
Minimum:
3.0 m (10 ft).
(e) Side Yard Setback, Interior
Minimum:
1.5 m (5 ft).*
(f) Rear Yard Setback
Minimum:
7.6 m (25 ft);
5.8 m (19 ft) for manufactured home.
(g) Lot Coverage
Maximum: 40% to a maximum ground floor area of 0.08 ha
(0.2 ac) including accessory buildings.
(h) Building Height
Maximum: 10 m (33 ft) from average finished grade.
*Note: Dependent on the type of construction, a greater setback may be required as per the Alberta Building
Code.
Section 6.0 | HAMLET DISTRICTS
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6.2.
HAMLET RESIDENTIAL TWO (HR2) DISTRICT
6.2.1
Purpose
The purpose of this Land Use District is to provide for single detached dwelling development within the hamlet of
Woking.
Permitted Uses
Discretionary Uses
- single detached dwelling unit
- solar collector
- child care facility
- duplex
- home based business (minor)
- multi-unit dwelling
- sea can
- secondary suite
- sign
- Any other use that, in the opinion of the
Development Authority, is similar to another use in
this Land Use District and conforms to the general
purpose and intent of this Land Use District.
Accessory buildings or uses are permitted where the principal building or use is a Permitted Use and for
which a development permit has been issued, and are discretionary where the principal building or use is a
Discretionary Use and for which a development permit has been issued.
6.2.2
Development Regulations
In addition to those regulations in Section 9, General Regulations, and Section 10, Special Regulations, the
following regulations shall apply.
(a) Lot Area
Minimum:
0.05 ha (0.1 ac).
Maximum: 0.2 ha (0.5 acre).
(b) Lot Width
Minimum:
15.2 m (50 ft).
(c) Front Yard Setback
Minimum:
7.6 m (25 ft).
(d) Side Yard Setback, Exterior
Minimum:
3.0 m (10 ft).
(e) Side Yard Setback, Interior
Minimum:
1.5 m (5 ft).*
(f) Rear Yard Setback
Minimum:
7.6 m (25 ft).
(g) Lot Coverage
Maximum: 40% to a maximum ground floor area of 0.08 ha (0.2 ac)
including accessory buildings.
(h) Building Height
Maximum: 10 m (33 ft) from average finished grade.
*Note: Dependent on the type of construction, a greater setback may be required as per the Alberta Building
Code.
Section 6.0 | HAMLET DISTRICTS
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6.3.
HAMLET COMMERCIAL (HC) DISTRICT
6.3.1
Purpose
The purpose of this Land Use District is to provide for a variety of commercial uses within the hamlet of Woking.
Permitted Uses
Discretionary Uses
- dealership
- lodging establishment
- mobile food services
- office (business, administrative and
professional)
- personal service establishment
- recreation (indoor)
- restaurant
- retail store
- service station
- sign
- solar collector
- accessory dwelling
- auto body and paint shop
- automotive and equipment repair
- car and truck wash
- drinking establishment
- manufactured home (non-conforming) if established
prior to the adoption of this Bylaw
- public building or use
- recreation resort
- sea can
- single detached dwelling unit (non-conforming) if
established prior to the adoption of this Bylaw
- skilled trades establishment
- Any other use that, in the opinion of the Development
Authority, is similar to another use in this Land Use District
and conforms to the general purpose and intent of this
Land Use District.
Accessory buildings or uses are permitted where the principal building or use is a Permitted Use and for which
a development permit has been issued, and are discretionary where the principal building or use is a
Discretionary Use and for which a development permit has been issued.
6.3.2
Development Regulations
In addition to those regulations in Section 9, General Regulations, and Section 10, Special Regulations, the
following regulations shall apply.
(a) Lot Area
Minimum:
0.04 ha (0.1 ac).
(b) Front Yard Setback
Minimum:
None required.
(c) Side Yard Setback, Exterior
Minimum:
3.0 m (10 ft).
(d) Side Yard Setback, Interior
Minimum:
None Required.
3 m (10 ft) if adjacent to a Hamlet Residential District.
(e) Lot Coverage
Maximum: 80%
Section 6.0 | HAMLET DISTRICTS
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6.4
HAMLET INDUSTRIAL (HI) DISTRICT
6.3.1
Purpose
The purpose of this Land Use District is to provide for a variety of industrial uses within the hamlet of Woking.
Permitted Uses
Discretionary Uses
- auto body and paint shop
- building supply sales
- exterior storage
- light manufacturing
- railway station grounds
- sea can
- sign
- solar collector
- warehouse
- wholesale outlet
- accessory dwelling
- agricultural industry
- dealership
- salvage yard
- solar energy facility
- small scale wind energy conversion system
- storage, processing or production of dangerous goods
- truck terminal (truck stop)
- Any other use that, in the opinion of the Development
Authority, is similar to another use in this Land Use District
and conforms to the general purpose and intent of this Land
Use District.
Accessory buildings or uses are permitted where the principal building or use is a Permitted Use and for which
a development permit has been issued, and are discretionary where the principal building or use is a
Discretionary Use and for which a development permit has been issued.
6.3.2
Development Regulations
In addition to those regulations in Section 9, General Regulations, and Section 10, Special Regulations, the
following regulations shall apply.
(a) Lot Area
Minimum:
0.2 ha (0.5 ac)
(b) Lot Width
Minimum:
30 m (100 ft)
(c) Front Yard Setback
Minimum:
7.6 m (25 ft)
(d) Side Yard Setback
Minimum:
3 m (10 ft)
(e) Rear Yard Setback
Minimum:
7.6 m (25 ft)
(f)
Lot Coverage
Maximum:
At the discretion of the Development Authority
Section 6.0 | HAMLET DISTRICTS
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6.5
HAMLET CANNABIS (HCB) DISTRICT
6.3.1
Purpose
The purpose of this Land Use District is to provide for the development of cannabis sales within the hamlet of
Woking that are compatible with other hamlet uses.
Permitted Uses
Discretionary Uses
- accessory dwelling
- cannabis sales
Accessory buildings or uses are permitted where the principal building or use is a Permitted Use and for which
a development permit has been issued, and are discretionary where the principal building or use is a
Discretionary Use and for which a development permit has been issued.
6.3.2
Development Regulations
In addition to those regulations in Section 9, General Regulations, and Section 10, Special Regulations, the
following regulations shall apply.
(a) Lot Area
Minimum:
0.4 ha (0.1ac)
(b) Front Yard Setback
Minimum:
None Required
(c) Side Yard Setback, Exterior Minimum:
3 m (10 ft)
(d) Side Yard Setback, Interior
Minimum:
None Required
3m (10 ft) if adjacent to a Hamlet Residential District
(e) Lot Coverage
Maximum:
80%
Section 7.0 | INDUSTRIAL AND COMMERCIAL DISTRICTS
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Section 7.0 |
INDUSTRIAL AND COMMERCIAL
DISTRICTS
Section 7.0 | INDUSTRIAL AND COMMERCIAL DISTRICTS
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SECTION 7 INDUSTRIAL AND COMMERCIAL DISTRICTS
7.1.
RURAL COMMERCIAL (RC) DISTRICT
7.1.1
Purpose
The purpose of this Land Use District is to provide for commercial uses located outside of a hamlet and settlement.
Permitted Uses
Discretionary Uses
- automotive and equipment repair
- dealership
- lodging establishment
- mobile food service
- office (business, administrative
and professional)
- recreation (extensive)
- recreation (indoor)
- restaurant
- retail store
- sea can
- sign
- solar collector
- accessory dwelling
- auto body and paint shop
- bulk fuel or card lock
- campground
- recreation resort
- service station
- small scale wind energy conversion system
- truck terminal (truck stop)
- work camp
- Any other use that, in the opinion of the
Development Authority, is similar to another use in
this Land Use District and conforms to the general
purpose and intent of this Land Use District.
Accessory buildings or uses are permitted where the principal building or use is a Permitted Use and
for which a development permit has been issued, and are discretionary where the principal building or
use is a Discretionary Use and for which a development permit has been issued.
7.1.2
Development Regulations
In addition to those regulations in Section 9, General Regulations, and Section 10, Special Regulations, the
following regulations shall apply.
(a) Lot Area
Minimum: 0.2 ha (0.5 ac).
(b) Front Yard Setback
Minimum: See Section 9.15.
Side Yard Setback, Exterior Minimum: See Section 9.15.
Side Yard Setback, Interior Minimum: 15.2 m (50 ft.) or at the discretion of the Development Authority.
(e) Rear Yard Setback
Minimum: 15.2 m (50 ft).
7.2.
RURAL LIGHT INDUSTRIAL (RLI) DISTRICT
7.2.1
Purpose
Section 7.0 | INDUSTRIAL AND COMMERCIAL DISTRICTS
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The purpose of this Land Use District is to provide for the development of light industrial uses that are compatible
with residential development, on lands located within and directly surrounding a hamlet or settlement and
residential areas located within the County.
Permitted Uses
Discretionary Uses
- agricultural sales and services
- automotive and equipment repair
- contractor, limited
- exterior storage
- light manufacturing
- mini storage
- sea can
- sign
- solar collector
- warehouse
- accessory dwelling
- animal health care services
- auto body and paint shop
- bulk fuel or card lock
- service station
- small scale wind energy conversion system
- sign
- truck terminal (truck stop)
- warehouse
- work camp
- Any other use that, in the opinion of the Development
Authority, is similar to another use in this Land Use District
and conforms to the general purpose and intent of this
Land Use District.
Accessory buildings or uses are permitted where the principal building or use is a Permitted Use and for which
a development permit has been issued, and are discretionary where the principal building or use is a
Discretionary Use and for which a development permit has been issued.
Section 7.0 | INDUSTRIAL AND COMMERCIAL DISTRICTS
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7.2.2
Development Regulations
In addition to those regulations in Section 9, General Regulations, and Section 10, Special Regulations, the
following regulations shall apply.
(a) Front Yard Setback
Minimum:
See Section 9.15.
(b) Side Yard Setback, Exterior
Minimum:
See Section 9.15.
(c) Side Yard Setback, Interior
Minimum:
15.2 m (50 ft).
(d) Rear Yard Setback
Minimum:
15.2 m (50 ft).
(e) Lot Coverage
Maximum: At the discretion of the Development Authority.
7.2.3
Additional Regulations: Landscaping
(a) In addition to the general requirements of Section 9.10, the Development Authority may require a minimum of
3.3 m (10 ft) landscaped buffer between residential and industrial areas, consisting of:
(i)
A mix of deciduous and coniferous trees with at least 60% of these trees being coniferous;
(ii) Trees which are at least 6.1 m (20 ft) in height at maturity; and
(iii) Shrubs in addition to the trees at least 1.8 m (6 ft) in height at maturity.
(b) The Development Authority may also require a fence or a combination of a fence and soft landscaping at
least 1.8 m (6 ft) in height where an industrial site abuts a residential Land Use District.
Section 7.0 | INDUSTRIAL AND COMMERCIAL DISTRICTS
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7.3.
RURAL HEAVY INDUSTRIAL (RHI) DISTRICT
7.3.1
Purpose
The purpose of this Land Use District is to provide for a wide range of industrial uses, outside of a hamlet or
settlement, which require larger tracts of land and, due to their appearance, noise, and odour, are generally
deemed to be incompatible with residential and other non-industrial land uses.
Permitted Uses
Discretionary Uses
- dealership
- exterior storage
- heavy equipment service and repair
- public building or use
- sea can
- sign
- small scale wind energy conversion
system
- solar collector
- transportation terminal
- accessory dwelling
- agricultural industry
- industrial landfill
- land treatment facility
- manufacturing or processing of goods or products
- open camp
- salvage yard
- solar energy facility
- storage, processing or production of dangerous goods
- truck terminal (truck stop)
- work camp
- Any other use that, in the opinion of the Development
Authority, is similar to another use in this Land Use District
and conforms to the general purpose and intent of this Land
Use District.
Accessory buildings or uses are permitted where the principal building or use is a Permitted Use and for which
a development permit has been issued, and are discretionary where the principal building or use is a
Discretionary Use and for which a development permit has been issued.
Section 7.0 | INDUSTRIAL AND COMMERCIAL DISTRICTS
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7.3.2
Development Regulations
In addition to those regulations in Section 9, General Regulations, and Section 10, Special Regulations, the
following regulations shall apply.
(a) Front Yard Setback
Minimum:
See Section 9.15.
(b) Side Yard Setback, Exterior
Minimum:
See Section 9.15.
(c) Side Yard Setback, Interior
Minimum:
15.2 m (50 ft).
(d) Rear Yard Setback
Minimum:
15.2 m (50 ft).
7.3.3
Additional Regulations: Landscaping
(a) In addition to the general requirements of Section 9.10, the Development Authority may require a minimum of
3.3 m (10 ft) landscaped buffer between residential and industrial areas, consisting of:
(i)
A mix of deciduous and coniferous trees with at least 60% of these trees being coniferous;
(ii) Trees which are at least 6.1 m (20 ft) in height at maturity; and
(iii) Shrubs in addition to the trees at least 1.8 m (6 ft) in height at maturity.
(b) The Development Authority may also require a fence or a combination of a fence and soft landscaping at
least 1.8 m (6 ft) in height where an industrial site abuts a residential Land Use District
.
Section 7.0 | INDUSTRIAL AND COMMERCIAL DISTRICTS
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7.4.
RURAL CANNABIS (RCB) DISTRICT
7.4.1
Purpose
The purpose of this Land Use District is to provide for rural cannabis uses located outside of a hamlet or
settlement.
Permitted Uses
Discretionary Uses
- Cannabis Sales
- Cannabis Production and Distribution Facilities
Accessory buildings or uses are permitted where the principal building or use is a Permitted Use and for which
a development permit has been issued, and are discretionary where the principal building or use is a
Discretionary Use and for which a development permit has been issued.
7.3.2 Development Regulations
In addition to those regulations in Section 9, General Regulations, and Section 10, Special Regulations, the
following regulations shall apply.
(a) Lot Area
Minimum: 0.2 ha (0.5 ac)
(b) Front Yard Setback
Minimum: See Section 9.15.
(c) Side Yard Setback, Exterior
Minimum: See Section 9.15.
(d) Side Yard Setback, Interior
Minimum: 15.2 m (50 ft). or at the discretion of the Development Authority
(e) Rear Yard Setback
Minimum: 15.2 m (50 ft).
Section 8.0 | PUBLIC DISTRICTS
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Section 8.0 |
PUBLIC DISTRICTS
Section 8.0 | PUBLIC DISTRICTS
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SECTION 8 PUBLIC DISTRICTS
8.1.
PUBLIC SERVICE (PS) DISTRICT
8.1.1
Purpose
This Land Use District accommodates the development of publicly or privately owned community or institutional
uses and services.
Permitted Uses
Discretionary Uses
- public building or use
- recreation (extensive)
- recreation (indoor)
- small scale wind energy conversion
system
- solar collector
- campground
- public utility
- recreation resort
- religious assembly
- solar energy facility
- Any other use that, in the opinion of the Development
Authority, is similar to another use in this Land Use District
and conforms to the general purpose and intent of this
Land Use District.
Accessory buildings or uses are permitted where the principal building or use is a Permitted Use and for which
a development permit has been issued, and are discretionary where the principal building or use is a
Discretionary Use and for which a development permit has been issued.
8.1.2
Development Regulations
In addition to those regulations in Section 9, General Regulations, and Section 10, Special Regulations, the
following regulations shall apply.
(a) Front Yard Setback
Minimum:
See Section 9.15.
(b) Side Yard Setback, Exterior
Minimum:
See Section 9.15.
(c) Side Yard Setback, Interior
Minimum:
15.2 m (50 ft) or at the discretion of the Development
Authority.
(d) Rear Yard Setback
Minimum:
15.2 m (50 ft).
(e) Lot Coverage
Maximum: At the discretion of the Approving Authority
Section 9.0 | GENERAL REGULATIONS
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Section 9.0 |
GENERAL REGULATIONS
Section 9.0 | GENERAL REGULATIONS
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SECTION 9 GENERAL REGULATIONS
9.1.
ACCESS, ROADS AND APPROACHES
9.1.1
All development shall have legal and physical road access to the satisfaction of the County.
9.1.2
All roads required to be constructed or upgraded as a condition of subdivision or development approval shall be
carried out in accordance with the following County policies as applicable:
(a) Road Classifications and Development Standards (PW18);
(b) Road Construction Request (PW25);
9.1.3
The location and number approaches to a proposed subdivision or development from a municipal road shall be in
accordance with the County's Approach Policy (PW20).
9.1.4
Where a proposed development or subdivision requires access to a highway, the applicant shall acquire all
necessary approvals and permits from Alberta Transportation.
9.2.
DESIGN, CHARACTER AND APPEARANCE OF BUILDINGS
9.2.1
The quality of exterior treatment and design of all buildings shall be to the satisfaction of the Development
Authority.
9.2.2
Pursuant to subsection 9.15.1, the Development Authority may consider the following when reviewing
development proposals in all Land Use Districts:
(a) The design, character and appearance of all buildings with respect to their compatibility with any other
buildings existing in the vicinity;
(b) The design of the building must be consistent with the purpose of the Land Use District in which it is located.
The exterior finish of the building shall be completed within 2 years of the date of the development permit
issuance unless otherwise stipulated by the development permit.
9.3.
ENVIRONMENTAL STANDARDS
9.3.1
Where a parcel of land abuts or contains a coulée, ravine, valley or drainage ditch, with or without a permanent
watercourse, the following setbacks from the upper break of the coulée, ravine or valley shall apply (see Table 9.1
and Figure 9.1):
Section 9.0 | GENERAL REGULATIONS
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Table 9.1:
Setback Measurement
Valley Depth
Required Setback
Less than 7.6 m (25 ft):
7.6 m (25 ft)
Greater than 7.6 m (25 ft) and less than 15.2 m (50 ft):
23 m (75 ft)
Greater than 15.2 m (50 ft) and less than 30.5 m (100 ft):
45.7 m (150 ft)
Greater than 30.5 m (100 ft.):
61 m (200 ft)
Figure 9.1: Setbacks
9.3.2
For the purpose of determining the setback required under Subsection 9.3.1, the valley depth is the vertical
distance measured between the top of bank and the toe of the slope as illustrated in Figure 9.1. For valleys that
are composed of one or more benches, the valley depth is the vertical distance measured between the top of bank
of the bench on which the development is to be located and the top of bank of the lower bench.
9.3.3
Notwithstanding any Land Use District regulation to the contrary, no development shall be allowed within 15.2 m
(50 ft) of the toe or crest of any slope of 15% or greater.
9.3.4
The Development Authority may require that the top of bank or toe of slope be identified by survey completed by
an Alberta Land Surveyor.
9.3.5
The Development Authority may vary the above setbacks having regard for recommendations from Alberta
Environment, or if supported by engineering studies.
9.3.6
The Development Authority may allow a setback variance not exceeding 25% percent in accordance with Section
2.3.7.
9.3.7
Notwithstanding that a proposed development conforms in all respects with this Bylaw, where the application is
for development on lands that are or may be subject to flooding or subsidence, or is in the 1:100 year flood plain,
the Development Authority shall not issue a development permit.
Section 9.0 | GENERAL REGULATIONS
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9.3.8
Landowners must ensure that all developments adhere to the following practices to the satisfaction of the
Development Authority:
(a) toxic or noxious materials or dust or ash shall not be released or permitted to escape to the atmosphere at
such a rate as to interfere with the use and enjoyment of property or to endanger the health and safety of the
public;
(b) no industrial operation shall be carried out which would result in the projection of light, heat, excessive noise,
or other nuisance to adjacent properties;
(c) waste products shall not be discharged into any sewer or private sewage disposal system if the nature of
such waste products, or the manner of their discharge, would exceed the design standards of the sewer or
sewage disposal system currently in place; and
(d) no development shall be approved that will, in the opinion of the Development Authority, cause damage to
environmentally sensitive lands. Developments must follow land management practices that include:
(i)
stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize
soil erosion,
(ii) wherever feasible, as determined by the Development Authority, natural vegetation shall be retained and
protected,
(iii) the extent of the disturbed area and the duration of its exposure shall be minimized,
(iv) all grading work should be designed to blend in with the natural contours of the land,
(v) natural drainage patterns should not be disturbed and changes to watercourses shall be avoided except
where controlled improvements are warranted.
9.3.9
The Development Authority may include conditions on a development permit for a development that involves the
storage or handling of fuels or other dangerous goods. Conditions may include:
(a) the materials be stored a minimum of 100 m (328 ft) from any watercourse, wetland, or other sensitive
ecological area; and
(b) that containment measures be implemented to reduce the potential for spills.
9.4.
EXTERIOR LIGHTING
In no case shall exterior lighting be a hazard or a nuisance to road traffic or adjacent properties. Lighting should
be directed away from municipal roads.
9.5.
EXTERIOR STORAGE
9.5.1
Exterior storage associated with an approved development permit shall be kept in a clean and orderly manner at
all times and shall be screened from roads and adjacent residential uses to the satisfaction of the Development
Authority.
Section 9.0 | GENERAL REGULATIONS
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9.5.2
Exterior storage is not permitted within the front yard setback of a lot.
9.5.3
Exterior display of goods and materials shall normally be temporary and shall be arranged and maintained in a
clean and orderly manner. The location of an exterior display shall be to the satisfaction of the Development
Authority.
9.5.4
Any exterior storage or display shall not unduly interfere with the amenities of the neighbourhood or materially
interfere with the use, enjoyment or value of neighbouring lots.
9.5.5
Any exterior storage or display shall not interfere with pedestrian or vehicular circulation or occupy any required
parking stalls.
9.6.
FENCES
9.6.1
Subject to Section 9.15.7, the construction of fences shall be exempt from the setback requirements of all Land
Use Districts.
9.6.2
Within the HR1 and HR2 Districts, the maximum height of fences for the front yard shall be 1 m (3.3 ft).
9.6.3
All fence materials used in Hamlet, Industrial or Commercial Districts shall consist of quality construction
materials, including standard wood or chain link fencing.
9.7.
FRAGMENTED PARCELS
9.7.1
A fragmented parcel may be subdivided from a quarter section if the fragmented parcel has legal access or
physical access to the satisfaction of the Approving Authority.
9.7.2
A fragmented parcel, or a parcel intended for a public use (e.g. cemetery) may be subdivided out of a quarter
section in the Agriculture (A) District in accordance with Section 4.2.1(e) and Policy 5.4.7 of the MDP.
9.8.
GRADING, STRIPPING AND STOCKPILING
9.8.1
Stripping, excavating or grading of land that is required solely for the development of a site, may only occur after
a development permit has been approved for the proposed development on that site.
9.8.2
For the purpose of this section, stripping, excavation, and grading refers to those activities required for
construction or building purposes. The provisions of this section do not apply to the clearing of land for agricultural
purposes.
9.8.3
Notwithstanding Section 9.8.2, the removal of topsoil from agricultural lands shall only be permitted if required in
order to prepare the subject land for an approved development. If top soil is proposed to be removed for any other
purpose, such activity shall require a development permit.
9.8.4
No drainage measures undertaken as part of a development shall negatively impact adjacent lots by way of
flooding or inundation through the redirection of surface water. In the event that a development is found to affect
neighbouring lands, all required mitigation measures required to remedy the problem including drainage
structures, drainage easements, and retaining walls, shall be at the developer's sole expense.
9.8.5
The Development Authority may require the applicant to submit a grading plan in support of a development permit
within the Hamlet and Rural Districts.
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9.8.6
The total site area of any development shall have a positive surface drainage that does not adversely affect the
neighbouring properties.
9.8.7
Any doors, windows and other openings to any developments shall be at the same or greater elevation as the
downstream road centerline elevation to avoid overland flood damage, water seepage and other water related
damage.
9.9.
HEIGHT OF BUILDINGS
9.9.1
On sloping ground, building height shall be considered the average of the height at the highest and lowest grade.
9.9.2
In determining the highest point of a building or structure, elements that are not essential to the structure of the
building or structure shall not be considered, including but not limited to the following (See Figure 9.2):
(a) elevator housing;
(b) mechanical housing;
(c) roof entrances;
(d) ventilation fans;
(e) skylights;
(f) solar collectors;
(g) wind energy systems;
(h) steeples;
(i)
antennas;
(j)
smokestacks or chimneys;
(k) fire walls;
(l)
parapet walls; and
(m) flagpoles.
Figure 9.2: Elements not Included in the Measurement of Building Height
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9.10.
LANDSCAPING AND SCREENING
9.10.1
The Development Authority may require screening to be provided in order to visually separate areas that detract
from the surrounding properties. Special attention shall be given to proposed developments that are visible from
municipal roads. The construction and materials of the screen shall be of a quality to the satisfaction of the
Development Authority.
9.10.2
Any area required to be landscaped may, at the discretion of the Development Authority, be left in its natural state
or be loamed and planted with grass, trees, shrubs and/or flowers, or similar materials or a combination thereof,
which enhance the appearance of the site and which complement the development thereon.
9.11.
LOT COVERAGE
9.11.1
Lot coverage shall be calculated as a percentage by dividing the total amount of building footprint on a lot by the
total lot area.
9.11.2
For the purposes of calculating lot coverage, the building footprint shall not include hard surfacing (such as
driveways).
9.11.3
For the purposes of calculating lot coverage (See Figure 9.3), the building footprint shall include:
(a) the principal building;
(b) any accessory building or carport;
(c) any porch or veranda;
(d) any floor area of an upper storey that projects beyond the perimeter of the ground floor, and
(e) any deck 0.6m (2 ft.) or more above grade.
9.11.4
The maximum lot coverage in all Land Use Districts shall be in accordance with the development regulations of
each Land Use District where applicable.
Figure 9.3: Elements Included in the Calculation of Lot Coverage
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9.12.
PARKING REQUIREMENTS
9.12.1
All developments located in an industrial or commercial Land Use District, or a hamlet or settlement shall be
required to provide adequate on-site parking to the satisfaction of the Development Authority.
9.12.2
Parking spaces shall be designed, located and constructed such that they are reasonably accessible to the
vehicles intended to be accommodated, can be properly maintained, and they are satisfactory to the Development
Authority in size, shape, location and construction.
9.13.
PERMITTED ENCROACHMENTS
9.13.1
Any eave, canopy, bay window, a cantilevered wall section or chimney may project over or onto a required yard
setback to a maximum of 0.6 m (2 ft). (See Figure 9.4)
Figure 9.4: Permitted Yard Encroachments
9.13.2
Decks which are less than 0.6 m (2 ft) in height or steps of a porch may project over a required rear yard setback
to a maximum of 1.5 m (5 ft).
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9.14.
RELOCATION OF BUILDINGS
Where a development permit for a use has been granted for the relocation of a building on the same site or from
another site, the Development Officer may require the applicant to provide:
(a) An Irrevocable Letter of Credit of such amount determined in accordance with County Policy PD08 to ensure
completion of any renovations set out as a condition of approval of a development permit, and
(b) An engineer's certificate to confirm that the building is structurally sound to the satisfaction of the
Development Authority.
9.15.
ROAD SETBACKS
9.15.1
No person shall erect any building, structure or dugout in any Land Use District unless the building, structure or
dugout is setback from the right-of-way of all roads as follows:
Table 9.2:
Road Setbacks
(a)
Highway:
- Dugout: 40 m (131 ft);
- Buildings or structures: 40 m (131 ft) from the lot line;
(b)
Internal Subdivision Road:
- Dugout: 7.6 m (25 ft);
- Buildings or structures: 7.6 m (25 ft) from the lot line;
(c)
Municipal Road or
Undeveloped Road Allowance:
- Dugouts: 30 m (98 ft);
- Buildings or structures: 30 m (98 ft) from the lot line.
9.15.2
Notwithstanding Section 9.15.1, setbacks in hamlets shall be in accordance with those established in the
respective Hamlet Residential, Hamlet Commercial, and Hamlet Industrial Districts.
9.15.3
The distance from the road right-of-way to dugout shall be measured to the edge of excavation of the dugout.
9.15.4
Notwithstanding Section 9.15.1, setbacks for farm buildings that are not fixed to a permanent foundation and
granaries shall be at the discretion of the Development Authority.
9.15.5
Prior to approving a front yard or exterior side yard variance to any development permit application on a municipal
road or internal subdivision road, the Development Authority shall first request comments from the Director of
Operations regarding the suitability of the variance.
9.15.6
A Roadside Development Permit shall be required from Alberta Transportation pursuant to the Highways
Development and Protection Act, and the Highways Development and Protection Regulation, and amendments
thereto, for all developments occurring within 300 m (984 ft) of a highway right-of-way boundary, or within 0.8 km
(0.5 mi) of an intersection of a highway with a municipal road.
9.15.7
At the intersection of two roads, or a road and railroad right-of-way, no building, solid fence, vegetation, or
finished ground elevation shall exceed 1 m (3.3 ft) in height above the average elevation of the roads, within a
triangular area formed by the intersection of the boundaries of the said roads and points 30 m (98 ft) back from the
intersection, as shown in Figure 9.5.
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Figure 9.5: Corner Lot Restrictions
9.16.
SEWAGE DISPOSAL SYSTEMS
All developments serviced by a private sewage disposal system are required to meet Provincial requirements.
9.17.
SIGN REGULATIONS
9.17.1
Except where provided for in Section 11.2(f) and (g), no sign of any advertising, directional or informative nature
shall be erected on land or affixed to any exterior surface of any building or structure, including the alteration or
relocation of an existing sign, unless an application for this purpose has been approved by the Development
Authority. (See Figure 9.6)
9.17.2
In applying for a development permit for a sign, the applicant shall provide complete sign details (i.e. size, colour,
layout, construction materials, location, etc.).
9.17.3
No signs or advertising structures shall be erected on or affixed to private property without the prior written
consent of the property owner or tenant. A copy of the consent shall be submitted with the development permit
application.
9.17.4
No signs, billboards or advertising structures shall be erected on or affixed to public property without prior written
consent of the appropriate public body. A copy of the consent shall be submitted with the development permit
application.
9.17.5
No signs, notice or advertising device, other than signs erected under the authority of the County or the Minister
of Alberta Transportation, shall be erected within the limits of the right-of-way of any municipal road or highway.
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Figure 9.6: Sign Types
9.17.6
The Development Officer may refer an application for a sign to the County Director of Operations or Alberta
Transportation where it would be visible from a road.
9.17.7
An application for one or more signs shall not be approved if, in the opinion of the Development Authority, the
sign would:
(a) unduly interfere with the amenities of the area;
(b) materially interfere with or affect the use, enjoyment or values of neighbouring properties; or
(c) create a safety hazard.
9.17.8
The following types of signs shall not be permitted:
(a) any sign that displays an intermittent, flashing or rotating light or lights;
(b) any sign which is lighted in such a manner as to cause interference to the motoring public;
(c) any sign that has mechanically moving or rotating parts;
(d) any sign that bears a legend giving a command such as "stop, stop ahead, turn, caution" etc., or
(e) any legend that in any way imitates a standard or commonly used traffic control device or sign; any sign
using a background of red, yellow, orange or other colours that conflict with commonly used traffic control
devices or signs.
9.17.9
All signs shall be kept in good repair and maintained in a manner satisfactory to the Development Authority.
9.17.10 All signs are to be placed no closer than 0.3 m (1 ft) from the property line.
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SECTION 10 SPECIAL LAND USE REGULATIONS
10.1.
ACCESSORY BUILDINGS
10.1.1
For the sole purpose of calculating yard setbacks and lot coverage requirements as provided in this Bylaw, when
an accessory building is attached to the principal building, it is to be considered a part of the principal building and
not as an accessory building.
10.1.2
Unless otherwise permitted in this Bylaw, any accessory building or use erected on a site in any Land Use District
shall not be used as a dwelling.
10.1.3
In a Hamlet District, no accessory building or use shall be located in the front yard or exterior side yard of any
principal building.
10.1.4
Subject to Section 9.15, except for the Agriculture (A) District, the minimum side and rear yard setback shall be 1
m (3.3 ft) for accessory buildings.
10.1.5
Notwithstanding Section 10.1.4, an accessory building may be constructed to the property line in a hamlet
provided that it shares a common wall with an accessory building on the adjacent lot or if a fire rated wall meeting
the requirements of the Alberta Building Code is provided.
10.1.6
An accessory building shall be located at least 2 m (6.5 ft) from any principal building.
10.1.7
In hamlets and settlements, an accessory building shall only be constructed after the principal dwelling.
10.2.
BED AND BREAKFASTS
10.2.1
Bed and breakfasts shall:
(a) be an accessory use in the dwelling;
(b) not alter the external appearance of the dwelling in any manner which, in the opinion of the Development
Authority, is inconsistent with the existing character of the neighbourhood;
(c) not include a kitchen or food preparation facilities within the guest rooms; and
(d) be required to hold any permits or authorizations required by the local or Provincial Health Authority, as well
as be in compliance with the Safety Codes Act.
10.2.2
In addition to the requirements of Section 11.3, an application for a development permit shall include the number
of guest rooms and on-site parking stalls proposed.
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10.3.
CAMPGROUNDS
10.3.1
A concept plan satisfactory to the Development Authority shall be submitted with the development permit
application for a campground. The concept plan shall:
(a) Identify and address public safety concerns, incompatible land use issues, environmentally significant lands,
physical constraints and topography of the site;
(b) Include a plan for the development area, including:
(i)
the number of stalls and sequence of the development proposed, including the preliminary layout of
campsites and the general location of the transportation networks, land use, and public utilities,
(ii) road widths, lot access and egress, emergency access, parking areas, storage areas,
(iii) washroom and laundry areas,
(iv) recreational areas.
10.3.2
Utility Services Requirements
(a) Sewage disposal, water supply and electrical servicing shall meet all applicable provincial and federal
regulations.
(b) Utility and telecommunication services shall be located below ground.
(c) A sewage disposal facility (dump station) that is easily accessible and separated from campsites and amenity
spaces shall be provided.
10.4.
CANNABIS
10.4.1
Any and all Cannabis related uses will be required to obtain:
(a) Federally regulated approvals;
(b) Provincially regulated approvals;
(c) County approvals.
10.4.2
The Gaming, Liquor and Cannabis Regulation (AR 13/2018) establishes distances from certain buildings and land
from which cannabis sales must be separated, and also authorizes municipalities to expressly vary these
distances or specify additional uses for which separation distances can be applied.
10.4.3
The separation distances from buildings and land of which cannabis sales will hereby be expressly varied, are as
follows:
(a) the distance from cannabis sales to a boundary of a parcel of land containing:
(i)
a school or building containing a school as defined in the Gaming Liquor and Cannabis Regulation;
(ii) a provincial health care facility as defined in the Gaming Liquor and Cannabis Regulation; or
(iii) a school reserve or municipal and school reserve designation as defined under the Act.
(b) the additional uses that separation distances to cannabis sales will apply, are hereby established:
(i)
another cannabis sales store
(ii) drinking establishment;
(iii) retail store that sells liquor;
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(iv) child care facility;
(v) public building or use;
Refer to Section 10.4.6 for separation distances from cannabis sales.
10.4.4
Cannabis Sales
Cannabis sales requires that:
(a) consumption of cannabis shall not occur on the business premises;
(b) the hours of operation shall be limited to 10:00 a.m. to 6:00 p.m.;
(c) where all cannabis that is offered for sale or sold shall only be from a federal/provincial approved and
licenced facility; and
(d) a license has been issued by the Alberta Government.
10.4.5
Cannabis sales may include the ancillary retail sale or rental of cannabis accessories.
10.4.6
In all Districts, cannabis sales, as measured from the closest point of the store, shall not be located within:
(a) 300 m (984 ft) of a boundary of a parcel that contains a school or a building containing a school
(b) 100 m (328 ft) of a boundary of a parcel that is designated as a municipal reserve, school reserve, or
municipal and school reserve on the certificate of title and does not contain a public building or use;
(c) 300 m (984 ft) of any other cannabis sales, when measured to the closest point of another store;
(d) 100 m (328 ft) of a drinking establishment or a retail store that sells liquor, when measured to the closest
point of the drinking establishment or retail store that sells liquor; and
(e) 300 m (984 ft) of a boundary of a parcel containing a childcare facility or public building or use.
10.4.7
Cannabis Production and Distribution Facilities
(a) A cannabis production and distribution facility includes a facility:
(i)
where cannabis is grown, processed, packaged, tested, destroyed or stored;
(ii) where a licence for all activities associated with cannabis growing, processing, packaging, testing,
destruction or storage is issued by Health Canada;
(iii) where an accessory building or structure used for security purposes may be located on the parcel
containing the use; and
(iv) that shall include equipment designed and intended to remove odours from the air where it is
discharged from the facility as part of a ventilation system.
(b) Location Requirements:
(i)
A cannabis production and distribution facility shall not be located within 200 m (656 ft) of a residential
district measured from the boundary of the parcel that contains the use to the nearest boundary of a
parcel designated as a residential district.
(ii) In all industrial districts, a cannabis production and distribution facility shall not be located within 300 m
(984 ft) of a boundary of a parcel that contains a public building or use.
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(c) The Development Authority may require, as a condition of a development permit, a public utility and waste
management plan, completed by a qualified professional, that includes details on:
(i)
the incineration of waste products and air borne emission, including smell.
(ii) the quantity and characteristics of liquid and waste material discharged by the facility;
(iii) the method and location of collection and disposal of liquid and waste material; and
(iv) utility service requirements including volumes of power and water required and the confirmation of
effects on the existing services, and established development.
10.4.8
The production, processing, storage or sale of cannabis can only occur where it has been approved through a
development permit for a use where it is specifically allowed in the use definition or rules.
10.4.9
The development permit for cannabis sales shall be valid for the duration of the required provincial license
(maximum two (2) years), at which time the applicant shall be required to submit a new development permit
application for the cannabis sales use.
10.4.10 In addition to the statutory advertising requirements, notification of all cannabis district rezoning applications will
also be circulated to landowners within a 2.4 km radius of the proposed parcel of land in which the cannabis
application is being made.
10.4.11 Upon successful rezoning of the land to the appropriate cannabis district, an application may be received for a
cannabis use development. All cannabis development applications, including renewal applications, will be
circulated to landowners within a 2.4 km radius of the proposed parcel of land in which the cannabis application is
being made. The circulation of this application will be via regular mail 21 days prior to the Municipal Planning
Commission meeting date and will include the proposed use, location map and the date/time/location of the
meeting.
10.5.
CHILD CARE FACILITIES
A child care facility shall comply with the provisions of the Provincial Day Care Regulations concerning site
requirements, development standards and licensing.
10.6.
COMMUNICATION TOWERS AND ANTENNA SYSTEMS
Note:
Industry Canada is responsible for regulating radio communication in Canada and for authorizing the
location and height of radio communication facilities, including radio, television and microwave
transmission facilities. In making its decision regarding transmission, communication and related
facilities, Industry Canada considers the following:
(i)
the input provided by the land-use authority;
(ii) compliance with Transport Canada's painting and lighting requirements for aeronautical safety;
(iii) Health Canada's safety guidelines respecting limits of exposure to radio frequency fields; and,
(iv) an environmental assessment may be required in order to comply with the federal
(v) Environmental Assessment Act.
10.6.2
No person shall construct or cause to be constructed a communication tower or antenna system unless a
development permit has first been issued in accordance with this bylaw, and, if applicable, subject to the current
County policy.
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10.6.3
The Development Authority shall submit a letter of concurrence to Industry Canada upon completion of a
processed application detailing:
(a) its opinion as to whether the location of a new telecommunications facility is appropriate from the County's
land use perspective;
(b) whether or not, in the County's opinion, adequate public consultation has been conducted by the carrier; and
(c) the degree to which the carrier has met the regulations in this section as they relate to location, design and
visual impact.
10.7.
CONFINED FEEDING OPERATIONS
All operations previously labelled as Intensive Livestock Operations are now termed Confined Feeding Operations
(CFOs), as indicated in the Agricultural Operations Practices Act (AOPA). CFO and manure storage facilities for
which an approval or a registration is required pursuant to AOPA are not regulated by the County but by the
Natural Resources Conservation Board (NRCB) through the AOPA and associate regulations.
The AOPA lists the threshold values that define CFOs regulated by the NRCB. The threshold values for various
types of CFOs are shown in Table 10.1. All livestock operations below these threshold values are considered a
Permitted Use within the Agriculture (A) District.
Table 10.1:
Livestock Operations Regulated by the NRCB
Type of Live- stock
Registration
(# of animals)
Approval
(# of animals)
Type of
Livestock
Registration
(# of animals)
Approval
(# of animals)
Beef cows/finishers
(900+ lbs)
150-349
350+
Turkeys
(toms)
1,000-29,999
30,000+
Beef Feeders
(<900 lbs)
200-499
500+
Ducks
1,000-29,999
30,000+
Dairy
(milking cows including
replacements and dairies)
50-199
200+
Geese
1,000-29,999
30,000+
Swines
(sows - farrows to finish)
30-249
250+
Horses
(PMU)
100-399
400+
Swine
(sows - farrows to wean)
50-999
1,000+
Horses
(feeders)
100-299
300+
Swine (feeders)
500-3,299
3,300+
Sheep
ewes/rams
200-1,999
2,000+
Swine (weaners)
500-8,999
9,000+
Goats
200-1,999
2,000+
Poultry (broilers)
2,000-59,999
60,000+
Bison
150-349
350+
Poultry (breeder hens)
1,000-15,999
16,000+
Elk
150-399
400+
Poultry (layers)
5,000-29,999
30,000+
Deer
200-999
1,000+
Poultry (pullets)
2,000-59,999
60,000+
In directing and approving sites for land uses that are incompatible with a CFO, the County shall refer to the
NRCB for the applicable Minimum Distance Separation.
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10.8.
DUGOUTS
10.8.1
Dugouts shall be setback from roads in accordance with Section 9.15 of this Bylaw.
10.8.2
Dugouts shall be setback a minimum of 15.2 m (50 ft.) from a lot line.
10.8.3
The distance from the lot line to the dugout shall be measured to the edge of excavation of the dugout.
10.9.
DWELLING UNITS PER LOT
10.9.1
No person in the County shall construct or cause to be constructed more than one dwelling unit per lot.
10.9.2
Section 10.9.1 does not apply to:
(a) a secondary suite in accordance with Section 10.13;
(b) semi-detached dwellings;
(c) multi-unit dwellings; and
(d) a second dwelling on a lot in the Agriculture (A) District.
10.10.
HOME BASED BUSINESS
10.10.1 Home based businesses shall be limited to those uses that are approved by the Development Authority, and
those exempted from Development Authority approval in Section 11.2. Those uses shall not interfere with the
rights of other residents to the quiet enjoyment of their properties, or create a nuisance by way of dust, noise,
smell, smoke, or traffic generation.
10.10.2 Home based businesses shall be evaluated in accordance with the criteria outlined in Table 10.2:
Table 10.2:
Home Based Business Criteria
Criteria
Major Home Based Business
Minor Home Based Business
Location
Shall be incidental and subordinate
to the residential use and restricted
to the residential yard site.
Shall be an incidental and subordinate use to the
principal residential use and shall be restricted to
the dwelling unit.
Exterior Storage
No storage of goods, materials, or
equipment not directly related to the
operation.
None.
Commercial Vehicles
Maximum four (4).
None larger than a pickup or cargo van on site.
Employees
Maximum of four (4) other than the
resident and members of the
resident's family who permanently
reside in the dwelling.
None other than the resident and members of the
resident's family who permanently reside in the
dwelling.
Size
Maximum 1.5 ha (5 ac).
Limited to residence.
Signage
One (1) on-site sign maximum 3 m2
(32 ft2) in size.
No display of commercial advertising, wares or
products discernible from the outside of the
building, but may display an unlit sign which is a
maximum of 3 m2 (32 ft2) in size.
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Criteria
Major Home Based Business
Minor Home Based Business
Alterations to Building
Not applicable.
No alterations to principal building unless
approved by the Development Authority as part of
a development permit application.
10.10.3 Home based business proposals respecting such uses as personal service establishments, food preparation
(including bottling of water), child care facilities, and bed and breakfast establishments are required to conform to
the standards administered by the local Health Authority and to obtain all necessary licenses required under the
applicable legislation.
10.11.
MANUFACTURED HOMES
10.11.1 Manufactured homes older than 10 years shall not be approved unless at the discretion of the Development
Authority within the Hamlet Districts (HR1, HR2).
10.11.2 Manufactured homes shall be placed on a permanent foundation.
10.11.3 All manufactured homes must conform to the Canadian Standards Association (CSA Z240) certification and all
skirting, accessory structures, additions and porches shall be of sound construction and appearance to the
satisfaction of the Development Authority.
10.11.4 Axle, wheels, running gear and towing tongue shall be removed before the owner attaches the manufactured
home to a permanent foundation conforming to the requirements of the Alberta Building Code.
10.12.
OILFIELD FACILITIES
10.12.1 The Development Officer shall refer the following subdivision or development applications to the Alberta Energy
Regulator (AER) for review:
(a) residential developments with a density of eight or fewer units per quarter section if located within 100 m (328
ft) of the centre line of a pipeline, the head of a well, a battery or a gas processing plant of unknown level of
sourness;
(b) residential developments with a density of more than eight units per quarter section if located within 500 m
(1,640 ft) of the centre line of a pipeline, the head of a well, a battery or a gas processing plant of unknown
level of sourness;
(c) public uses, recreational uses, or commercial uses containing overnight accommodation if located within 1.6
km (1.0 mi) of the centre line of a pipeline, the head of a well, a battery or a gas processing plant of unknown
level of sourness.
(d) Residential subdivisions or developments and subdivision or developments for public uses, recreational
uses, or commercial uses containing overnight accommodation shall be set back from oil and gas facilities in
accordance with Table 10.3:
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Table 10.3:
AER Setback Requirements
Setback
Residential subdivisions
or developments with a
density of eight (8) or
fewer units per quarter
section
Residential subdivisions
or developments with a
density of more than eight
(8) units per quarter
section
Public uses, recreational
uses, or commercial uses
containing overnight
accommodation
Sweet or sour gas well
100 m (328 ft)
100 m (328 ft
100 m (328 ft);
Level 1 or 2 sour gas
well
-
100 m (328 ft
-
Sweet or Level 1 sour
gas pipeline
ipeline right-of- way
ipeline right-of- way
pipeline right-of- way;
Level 2 sour gas well or
sour gas facility
-
100 m (328 ft);
500 m (1,640 ft);
Level 2, 3 or 4
sour gas facility
100 m (328 ft)
-
-
Level 3 or 4 sour gas
well or sour gas facility
-
500 m (1,640 ft).
1.6 km (1.0 mi).
10.13.
SEA CANS
10.13.1 A maximum of one (1) sea can may be located on a country residential or hamlet residential lot.
10.13.2 Notwithstanding subsection (a), multiple sea cans may be located on a country residential or hamlet residential lot
if required for assembly for use as a dwelling unit.
10.13.3 The number of sea cans located on a non-residential lot shall be at the discretion of the Development Authority.
10.13.4 Sea cans shall only be located in a side or rear yard.
10.13.5 Notwithstanding subsection (d), a sea can that is accessory to an agricultural use may be located in a front yard.
10.13.6 Sea cans being used for storage cannot be stacked.
10.13.7 The Development Authority may require as a condition of development permit approval that sea cans be
screened from view to the satisfaction of the Development Authority.
10.14.
SECONDARY SUITES
10.14.1 A secondary suite shall only be considered accessory to a single detached dwelling unit.
10.14.2 A maximum of one secondary suite shall be considered on a lot.
10.14.3 Secondary suites shall not be separated from the dwelling by a condominium conversion.
10.14.4 The minimum floor area for a secondary suite shall be as per the Safety Codes Act and the floor area (excluding
the area covered by stairways) shall not exceed the floor area of the main storey of the dwelling.
10.14.5 In the case of a secondary suite developed within the dwelling and completely or partially above grade, the floor
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area (excluding the area covered by stairways) shall not exceed the floor area of the main storey of the dwelling.
10.14.6 In the case of a secondary suite developed within the dwelling and completely or partially above grade, the floor
area (excluding the area covered by stairways) shall not exceed 40% of the total floor area above grade of the
dwelling.
10.14.7 A garage suite shall have an entrance separate from the vehicle entrance to the detached garage, either from a
common indoor landing or directly from the exterior of the structure.
10.14.8 The minimum distance between a detached garage containing a garage suite or garden suite and the principal
building on the same lot shall be 4 m (13 ft).
10.14.9 Except for a garage suite and garden suite, a secondary suite shall be developed in such a manner that the
exterior of the dwelling containing the secondary suite shall appear as a single dwelling.
10.14.10 A secondary suite shall not be allowed on the same lot containing a child care facility, bed and breakfast or home-
based business.
10.15.
SOLAR ENERGY FACILITIES
10.15.1 The applicant shall obtain and demonstrate compliance with all relevant Alberta Utilities Commission and other
provincial and federal permits, approvals and licenses.
10.15.2 A development permit application for a solar energy facility shall include the following in addition to the
requirements of Section 11.3.2:
(a) a site suitability analysis including but not limited to topography, soil characteristics, environmental features,
road access, potential impacts to agricultural land and operations, and stormwater management;
(b) a lot grading and drainage plan, including details respecting soil stripping and erosion control;
(c) a Decommissioning and Reclamation Plan; and
(d) plans and methods of weed control.
10.15.3 The Development Authority may require landscaping in addition to the regulations described in Section 9.10 of this
Bylaw.
10.15.4 The applicant shall provide securities in a form satisfactory to the Development Authority to ensure that the
required Decommissioning and Reclamation Plan is implemented and to cover assignment and bankruptcy. The
condition may include a periodic review of the security to ensure the amount is sufficient to implement the
Decommissioning and Reclamation Plan.
10.16.
SOLAR COLLECTORS
10.16.1 A freestanding solar collector will be considered an accessory building and shall require a development permit
and shall meet the development regulations of the applicable Land Use District.
10.16.2 A solar collector located on a roof or a wall of a building does not require a development permit in accordance with
Section 11.2 of this Bylaw.
10.17.
WILD BOAR
10.17.1 The keeping and rearing of wild boar is prohibited in the County.
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10.18.
WIND ENERGY CONVERSION SYSTEMS (WECS)
10.18.1 Definitions
The following definitions apply to this part: Blade
An element of a WECS rotor that acts as a single airfoil, thereby extracting kinetic energy directly from the wind
Blade Clearance
In reference to a horizontal axis rotor, the distance from grade to the bottom of the rotor's arc. Decibel
A unit for the measurement of sound, where one decibel representing the faintest sound that can be heard by the
human ear.
Horizontal Axis Rotor
A WECS where the rotor is mounted on an axis horizontal to the Earth's surface, typical of conventional or
traditional windmills.
Rotor's Arc
The largest circumferential path travelled by a WECS blade. Small Scale Wind Energy Conversion System
A WECS consisting of a single structure with the capacity to generate electricity only for the property owner's use
on the site it is located. The system and supporting structure is less than 25 m (80 ft) in height.
Total Height
The height from grade to the highest vertical extension of a WECS. In the case of a WECS with a horizontal axis
rotor, total height includes the distance from grade to the top of the tower, plus the distance from the top of the
tower to the highest point of the rotor's arc.
Towers
The structure which supports the rotor above grade. Vertical Axis Rotor
A WECS where the rotor is mounted on an axis perpendicular to the earth's surface. Wind Energy Conversion
System (WECS)
A WECS is a structure designed to convert wind energy into mechanical or electrical energy.
10.18.2 General
(a) The Development Authority may approve a WECS application on a case-by-case basis having regard for:
(i)
information provided in the application,
(ii) proximity to other land uses in the immediate area,
(iii) consideration of the cumulative effect of all WECS approved or proposed in the immediate area,
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(iv) existing and proposed transmission network,
(v) information received from the circulation of the application and the public.
(b) Prior to a decision being made on a WECS (other than a Small Scale WECS), the Developer shall hold a
public meeting in order to solicit the views of the public in regard to the application.
(c) Applications for Small Scale WECS may require the following information to be included, at the discretion of
the Development Authority:
(i)
the manufacturer's information on power generation and the tower;
(ii) appropriate letter of approval from Navigation Canada;
(iii) in Land Use Districts where the use is discretionary, noise data indicating noise levels at the property
line should not exceed 30 decibels;
(iv) an analysis for noise to any residences that may be located on adjacent properties within a 200 m (656
ft) radius;
(v) provide evidence that the strobe/shadow effect will not affect the enjoyment of the adjoining residences;
(vi) an accurate site plan showing and labeling the information including the exact location of each turbine
(tower and rotor arc) including setbacks and building locations;
(vii) other information that may be required by the Development Authority.
(d) The setback of the Small Scale WECS from the property line shall be at the discretion of theDevelopment
Authority.
(e) Small Scale WECS will not be allowed on lots that are less than 0.8 ha (2 ac) in size. Only one Small Scale
WECS will be allowed on a titled lot that is between 0.8 ha (2 ac) up to and including 4 ha (10 ac) providing
the height of the tower above grade does not exceed 15.2 m (50 ft). On lots greater than 4 ha (10 ac), a
maximum of three Small Scale WECS will be allowed.
(f) For a Small Scale WECS, the Developer may be required to hold a public meeting prior to consideration of
the permit at the discretion of the Development Authority.
10.18.3 Application Requirements
(a) All development permit applications for a WECS shall be accompanied by:
(i)
an accurate site plan showing and labeling the information including the exact location of each existing
and proposed wind turbine (tower and rotor arc), including the location of overhead utilities and on or
abutting the subject lot, and contours of the land and roads;
(ii) a visual representation including scale elevations, photographs and/or digital information of the proposed
WECS showing total height, tower height, rotor diameter, colour and the landscape;
(iii) the manufacturer's specifications including:
i.
the WECS maximum rated output in kilowatts,
ii.
safety features and sound characteristics,
iii.
type of power,
iv.
dimensions of tower and rotor,
v.
type of material used in tower, blade and/or rotor construction;
(iv) an analysis of the potential for noise at:
i.
the site of the installation,
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ii.
the boundary of the lot containing the development, at any habitable residence within a 2 km (1.2 mi)
distance;
(v) a report regarding any public information meetings or other process conducted by the developer;
(vi) any impacts to the local road system including required approaches from municipal roads
(vii) having regard to County standards;
(viii) a Decommissioning and Reclamation Plan.
(b) The applicant shall provide securities in a form satisfactory to the Development Authority to ensure that the
required Decommissioning and Reclamation Plan is implemented and to cover assignment and bankruptcy.
The condition may include a periodic review of the security to ensure the amount is sufficient to implement
the Decommissioning and Reclamation plan.
(c) Prior to making a decision on a development permit application for a WECS, the developer shall provide the
appropriate reports, permits, and/or approvals from the following:
(i)
Transport Canada,
(ii) Navigation Canada,
(iii) Alberta Forestry and Parks
(iv) Alberta Environment and Protected Areas,
(v) Alberta Transportation and Economic Corridors,
(vi) Alberta Agriculture and Irrigation.
10.18.4 Referrals
Prior to making a decision on a development permit application for a WECS, the Development Authority shall refer
and consider the input from the following:
(a) an adjacent jurisdiction if its boundaries are located within 2 km (1.2 mi) of the proposed WECS, landowners
within a 2 km (1.2 mi) radius, and
(b) any other relevant regulatory authorities and agencies.
10.18.5 Setbacks
(a) A WECS shall comply with all the setbacks related to road that govern the principle use in the Land Use
District in which it is located.
(b) Where, in the opinion of the Development Authority, the setbacks referred to in Section 9.15 are not sufficient
to reduce the impact of a WECS from a municipal road or a highway, the Development Authority may
increase the required setback.
(c) The minimum setback required from a highway right-of-way shall be determined by Alberta Transportation.
(d) A WECS shall be located not less than four times the height of the WECS, as measured from the ground to
the highest point of the rotor's arc, from a dwelling unit not belonging to the owner of the land on which the
WECS is to be situated, unless a caveat is agreed to by the affected landowner and registered on the
affected title.
(e) A WECS shall be located so that the horizontal distance measured at grade from the outside of the rotor arc
to any property boundary, other than roads, is at least 7.6 m (25 ft).
(f) In the case of WECS, setbacks may be amended from the minimum setback requirements in the Land Use
District depending on the number of WECS in a group and the proximity to an existing residence.
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10.18.6 Minimum Blade Clearance
The minimum vertical blade clearance from grade shall be 7.6 m (25 ft) for a WECS employing a horizontal axis
rotor unless otherwise required by the Development Authority.
10.18.7 Tower Access and Safety
To ensure public safety, the Development Authority may require that:
(a) a security fence with a lockable gate shall surround a WECS tower not less than 1.8 m (6 ft) in height if the
tower is climbable or subject to vandalism that could threaten tower integrity;
(b) no ladder or permanent tower access device shall be located less than 3.7 m (12 ft) from grade;
(c) a locked device shall be installed on the tower to preclude access to the top of the tower;
(d) all of the above be provided or such additional safety mechanisms or procedures be provided as the
Development Authority considers reasonable and appropriate;
(e) the use of tubular towers, with locked door access, will preclude the above requirements.
10.18.8 Distribution Lines
All power lines on the site of the approved WECS to the substation or grid will be underground except where the
Development Authority approves overhead installations.
10.18.9 Colour and Finish
(a) Unless otherwise required by the Development Authority, a WECS shall be finished in a non-reflective matte
and in a colour which minimizes the obtrusive impact of a WECS to the satisfaction of the Development
Authority.
(b) No lettering or advertising shall appear on the towers or blades. In other parts of the WECS, the only lettering
will be the manufacturer's and/or owner's identification or municipal symbol upon approval by the
Development Authority.
10.18.10 Decommissioning
Should a WECS discontinue producing power for two years or more, the WECS operator shall provide a status
report to the Development Authority. A review of the status report by the Development Authority may result in a
request for the WECS to be decommissioned. Failure to comply with a decommissioning request may result in the
issuance of a stop order by the Designated Officer in accordance with the provisions of the Act.
10.19.
WORK CAMPS
10.19.1 A development permit for a work camp or open camp may be issued for up to one year. Such permits shall be
subject to annual renewal.
10.19.2 Development permit applications for all open camps and work camps may include the following information:
(a) the location, type, and purpose of the camp;
(b) adjacent land uses;
(c) the proposed methods of water supply, sewage disposal and waste management. The proposed method of
sewage disposal must comply with the Alberta Private Sewage Systems Standard of Practice and be to the
satisfaction of the Health Authority;
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(d) the number of sleeping units proposed for the camp;
(e) the miscellaneous lease number issued by the province, if applicable;
(f) the start date for development, date of occupancy by residents, and anticipated removal date for the camp;
(g) measures respecting security and waste disposal;
(h) reclamation measures for the site once the camp is decommissioned; and
(i)
include a fire safety plan and have fire preparedness equipment in place to the satisfaction of the County
Emergency Services Department.
10.19.3 Water supply must comply with all applicable provisions of the Public Health Act.
10.19.4 Work camps and open camps shall:
(a) not be permitted to locate within 1.6 km (1 mi) of a hamlet, settlement, or multi-lot subdivision exceeding five
lots in size;
(b) be secured by the installation of fencing around the work camp and the provision of on-site security staff as
required by the Development Authority;
(c) have no discernible negative impact on adjacent properties; and
(d) in the case of a work camp located on private land, have access to a municipal road to the satisfaction of the
County.
10.19.5 The County may, as a condition of development permit approval, require that the owner/developer of the work
camp enter into a road use agreement to address such matters as road use and dust control.
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Section 11.0 |
ADMINISTRATIVE PROVISIONS
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SECTION 11 ADMINISTRATIVE PROVISIONS
All applications for development permit, bylaw amendment and subdivision must be received and processed in
accordance with the Act and the requirements of this Section.
11.1.
WHEN DEVELOPMENT PERMITS ARE REQUIRED
Except as provided in Section 11.2, no person shall undertake any development unless:
(a) a development permit has first been issued pursuant to this Bylaw, and
(b) it is in accordance with the terms and conditions of a development permit issued pursuant to this Bylaw.
11.2.
WHEN DEVELOPMENT PERMITS ARE NOT REQUIRED
A development permit is not required for the following developments provided they comply with the regulations of
this Bylaw:
(a) the continued agricultural use of a parcel that is used for an agriculture (extensive) use or minor agricultural
pursuit, including farm buildings;
(b) works of maintenance or repair to any building provided that such works do not include structural alterations
or major works of renovation;
(c) the completion of a building which is lawfully under construction at the date this Bylaw comes into full force
and effect provided that the building is completed in accordance with the terms of any permit granted in
respect of it, subject to the conditions of that permit;
(d) notwithstanding Section 9.5, the construction and maintenance of gates, fences, walls or other means of
enclosure less than 1.8 m (6 ft) in height. In the Agriculture (A) District, wire fences in excess of 1.8 m (6 ft)
for the purposes of livestock confinement do not require a permit;
(e) a temporary building, the sole purpose of which is incidental to the erection or alteration of a permanent
building, for which a development permit has been issued;
(f) one temporary, on-site sign which does not exceed 1 m2 (11 ft2) in area or 1.5 m (5 ft) in height and is
intended for:
(i)
advertising the sale or lease of a dwelling unit, or property,
(ii) identifying a construction or demolition project for which a development permit has been issued for such
a project,
(iii) identifying a political or charitable campaign. Such signs shall be removed after said campaign drive;
(g) one permanent on-site sign which is intended for:
(i)
commemorative plaques and cornerstones or a non-advertising nature,
(ii) farm residence identification signs, or
(iii) the advertising of farm produce;
(h) decks, unless located in a hamlet;
(i)
on-site landscaping;
(j)
dugouts;
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(k) municipal projects undertaken by the County including the construction of roads, bridges, drainage ditches,
public utilities, parks and the erection of signs, and incidental activities resulting from these types of
developments (e.g. a work camp for a County road construction project);
(l)
compressor stations under 100 HP;
(m) home based businesses (minor) in the Agriculture (A) District
(n) accessory buildings that are not constructed on permanent foundations in the Agriculture (A) District;
(o) accessory buildings less than 9.3 m2 (100 ft2) in area in a hamlet district or country residential district;
(p) sea cans located on an agricultural, industrial or commercial lot;
(q) public utilities that are located within road rights-of-way, public utility lots and easements;
(r) (r) those uses, developments and activities that are exempted from permits under Section 618(1) of the Act.
11.3.
DEVELOPMENT PERMIT APPLICATIONS
11.3.1
A development permit application shall be made to the Development Officer in writing on the prescribed form,
shall be signed by the landowner, and may be signed by an authorized agent.
11.3.2
The Development Officer shall require the following information in order to be considered to be a complete
development permit application (See Figure 11.1):
(a) the application form;
(b) a copy of the certificate of title dated within thirty days of the application;
(c) a right of entry form signed by the landowner;
(d) a site plan with dimensions showing the legal description, front, rear, and side yards, if any, and any provision
for off-street loading and vehicle parking and access and egress to the site;
(e) a floor plan and elevations;
(f) a statement of uses;
(g) the estimated commencement and completion dates;
(h) the estimated cost of the project or contract price;
(i)
the extent of existing treed areas shall be indicated on the site plan accompanying the application for
development together with an indication of the trees proposed to be removed in the course of development;
(j)
utilities, site drainage, grade elevations, existing and finished lot grades, the grades of the streets and the
location of proposed sewer and water lines and drainage courses;
(k) other information required by the Development Authority to review a development permit application,
including: a grading plan, landscaping plan, water testing, soil testing, geo- technical reports, floodplain
mapping, and site topography and drainage patterns;
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Figure 11.1:
Development Process
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(l)
the prescribed non-refundable application fee, the amount of which shall be established by resolution of
Council from time to time; and
(m) for Cannabis Sales, Cannabis Production and Distribution Facility:
(i)
written consent of the property owner; and
(ii) proof of Federal and Provincial licensing.
Note: other application requirements may be added after Provincial and Federal legislation are proclaimed.
11.4.
SUBDIVISION APPLICATIONS
11.4.1
A subdivision application shall be made to the Development Officer in writing on the prescribed form, and shall be
signed by the landowner or an authorized agent.
11.4.2
The Development Officer shall require the following information in order to be considered a complete subdivision
application (See Figure 11.2):
(a) the application form;
(b) a right of entry form signed by the landowner;
(c) a tentative plan meeting the requirements of the County's "Standards for Tentative Subdivision Plan
Drawings";
(d) a copy of the certificate of title dated within thirty days of the application;
(e) a map illustrating the land uses on all adjacent lands;
(f) information respecting existing and proposed sources of water;
(g) information respecting existing and proposed methods of sewage disposal, including setback
(h) distances;
(i)
other information may be required by the Subdivision Authority to review a subdivision permit application,
including: water testing, soil testing, geotechnical reports, floodplain mapping, and site topography and
drainage patterns; and
(j)
the prescribed non-refundable application fee, the amount of which shall be established by resolution of
Council from time to time.
11.5.
DETERMINATION AND NOTIFICATION OF COMPLETE APPLICATIONS
11.5.1
Within twenty days of receipt of an application pursuant to Sections 11.3.2 and 11.4.2, the Development Officer
shall determine whether an application is complete, unless an agreement is reached between the Development
Officer and the applicant to extend the twenty day period. If the Development Officer fails to determine that the
application is complete within the prescribed time period, the application shall be deemed to be complete.
11.5.2
When, in the opinion of the Development Officer an application is deemed to be incomplete, the applicant shall be
advised in writing that the application is incomplete and that the application will not be processed until all of the
required information is provided. The written notice shall include a description of the information required for the
application to be considered complete and the deadline by which the required information is to be submitted. The
failure to submit the required information in accordance with the notice shall result in the application being deemed
refused and may be appealed in accordance with Section 11.10.
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Figure 11.2:
Subdivision Process
11.5.3
Once an application is deemed to be complete in accordance with Sections 11.5.1 or 11.5.2, the applicant shall be
notified in writing that the application is complete, and the Development Officer shall process the application.
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11.6.
REFERRALS
11.6.1
The Development Officer may refer any application for a development permit to any government agency, adjacent
landowner, or any person or agency with a registered encumbrance on the subject land for comment and advice.
11.6.2
The Development Officer shall circulate an application for subdivision to all adjacent landowners, and all agencies
required under the Regulation for review and comment. A subdivision application may also be circulated to any
person or agency with a registered encumbrance on the subject land.
11.7.
CONDITIONS OF A DEVELOPMENT PERMIT OR SUBDIVISION APPROVAL
11.7.1
The Approving Authority may attach as conditions of a development permit approval or subdivision approval, those
conditions it feels are necessary to address or resolve any development concerns or issues in regards to a
proposed development or subdivision.
11.7.2
The Approving Authority may require that as a condition of issuing a development permit or subdivision approval,
the applicant enter into an agreement with the County to do any or all of the following:
(a) to construct or pay for the construction of a road required to give access to the development or subdivision;
(b) to construct or pay for the construction of a pedestrian walkway system to serve the development or
subdivision, or pedestrian walkways that will connect the pedestrian walkway system serving the
development or subdivision with a pedestrian walkway system that serves or is proposed to serve an
adjacent development or subdivision;
(c) to install or pay for the installation of public utilities, other than telecommunications systems or works, that
are necessary to serve the development or subdivision;
(d) to construct or pay for the construction of off-street or other parking facilities, and loading and unloading
areas;
(e) to pay an off-site levy or redevelopment levy imposed by bylaw;
(f) to provide security to ensure that the terms of the agreement are carried out; and
(g) any other requirement the Approving Authority deems necessary.
11.7.3
The County may register a caveat pursuant to the provisions of the Act and the Land Titles Act in respect of an
agreement under this Section against the Certificate of Title for the land that is the subject of the development or
subdivision. Said caveat shall be discharged when the agreement has been complied with.
11.7.4
A development permit granted pursuant to this Section does not come into effect until 21 days after its issuance.
Where an appeal has been filed with the Board, no development shall be commenced or undertaken pursuant to
the development permit until all appeals are finally determined and the issuance of the development permit has
been upheld
11.7.5
A development permit lapses and is automatically void if the development authorized is not commenced and
diligently pursued within twelve months from the effective date of the permit. Further, developments are to be
completed to the satisfaction of the Development Officer within 24 months from the date of the permit being
issued, or other such period as approved by the Development Authority.
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11.7.6
In the case where an application for a development permit has been refused initially or ultimately after appeal, the
submission of another application for a permit on the same property and for the same or similar use of the land
shall not be accepted by the Development Officer within six months of date of the refusal.
11.8.
NOTIFICATION OF DECISION
11.8.1
A decision of the Approving Authority on an application for a development permit or subdivision shall be given in
writing, and a copy of the notice of decision shall be mailed or emailed to the applicant or his agent, as well as any
other person or agency required under Section 656(1) of the Act. The decision shall also be posted on the
County's website.
11.8.2
The 'Notice of Decision' concerning an approval with or without conditions shall become the development permit
21 days after its issuance. Notwithstanding the above, in the event that a decision is appealed, the 'Decision of
Approval' by the Board with or without conditions shall become the development permit and shall be effective the
date of the Board decision.
11.8.3
When an application for a development permit or subdivision is refused, the Development Officer
11.8.4
shall mail or email a notice of decision to the applicant or his agent stating the reasons for refusal.
11.8.5
When an application for a development permit for a Permitted Use requiring a variance or a Discretionary Use is
approved, the Development Authority shall:
(a) publish a notice in a local newspaper indicating the location and setting out the applicant's name, legal
description of the property for which the application has been made, and the decision of the Development
Authority; or
(b) mail a notice of decision to the registered owners of all adjacent lands.
11.8.6
For the purposes of this Bylaw, notice of the decision of the Development Authority is deemed to have been given
as follows:
(a) when a person is notified of an order or decision of the Development Authority by mail on the date the person
is presumed to have received the mail, which is seven days after the date of mailing; and
(b) when notice of the issuance of a development permit by the Development Authority is published in a
newspaper, the date of the first publication of that notice shall be the date upon which notice of the issuance
of the permit is given to members of the public.
11.9.
COMPLIANCE
11.9.1
Non-Conforming Buildings and Uses
A development that is considered as a non-conforming building or use shall be dealt with as provided for under the
Act. For convenience, the following extracts are provided:
(a) If a development permit has been issued on or before the day on which this Bylaw or amending bylaw comes
into force, and the Bylaw would make the subject development a nonconforming use or non-conforming
building, the development permit continues in effect in spite of the coming into force of the Bylaw.
(b) A non-conforming use of land or a non-conforming use of a building may be continued but if that use is
discontinued for a period of six consecutive months or more, any future use of the land or building shall
conform with the provisions of this Bylaw;
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(c) A non-conforming use of part of a building may be extended throughout the building but the building, whether
or not it is a non-conforming building, may not be enlarged or added to and no structural alterations may be
made to it or in it;
(d) A non-conforming use of part of a lot may not be extended or transferred in whole or in part to any other part
of the lot and no additional buildings may be constructed on the lot while the nonconforming use continues;
(e) A non-conforming building may continue to be used but the building may not be enlarged, added to, rebuilt or
structurally altered except
(i)
to make it a conforming building; or
(ii) for routine maintenance of the building, if the Development Authority considers it necessary;
(f) If a non-conforming building is damaged or destroyed to the extent of more than 75 percent of the value of
the building above its foundation, the building may not be repaired or rebuilt except in accordance with this
Bylaw;
(g) The land use or the use of a building is not affected by a change of ownership or tenancy of the land or
building.
11.9.2
Contravention
(a) Where the Development Officer finds that a development or use of land is not in accordance with the Act, this
Bylaw, or a development permit issued hereunder, the Development Officer may, by notice in writing, order
the registered owner, the person in possession of the land or buildings, the person responsible for the
contravention, or all or any of them to:
(i)
stop the development or use of the land or buildings in whole or in part as directed by the notice;
(ii) demolish, remove or replace the development; or
(iii) carry out any other actions required by the notice so that the development or use of the land or building
complies with the Act, a development permit, subdivision approval or this Bylaw as the case may be,
within the time specified by the notice.
(b) If a person fails or refuses to comply with an order directed to him under Section 11.9.2 or an order of the
Board under the Act, Council or a person appointed by it may, in accordance with the Act, enter upon the
land or building and take such action as is necessary to carry out the order.
(c) When Council or a person appointed by it carries out an order, 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.
11.10.
APPEALS
11.10.1 Method of Appeal
(a) The Board shall perform such duties and follow such procedures as specified in the Act and the Subdivision
and Development Appeal Board Bylaw.
(b) In all cases where the County has jurisdiction to hear an appeal, a decision on a development permit may be
appealed by the applicant serving a written notice of appeal on the Clerk within twenty-one days after notice
of the decision or issuance of the development permit or subdivision was given, and by an affected person
within 21 days after the date on which notice of issuance of the development permit was given in accordance
with Section 11.8.
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(c) For the purposes of this Bylaw, Section 11.8.5 establishes the date a notice of decision is deemed to have
been given.
11.10.2 The Appeal Process
(a) When a notice of appeal has been served on the Clerk with respect to a decision of the Approving Authority
to approve a development permit or subdivision, the development permit or subdivision approval shall not be
effective before ( See Figure 11.3 and Figure 11.4):
(i)
the decision of the Approving Authority has been sustained by the Board, or
(ii) the Clerk has received written notification from the appellant that the appeal has been abandoned.
(b) If the decision of the Approving Authority to approve a development permit or subdivision application is
reversed by the Board, the development permit or subdivision approval shall be null and void.
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Figure 11.3:
Development Appeal Process
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Figure 11.4:
Subdivision Appeal Process
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11.11.
AMENDMENTS
11.11.1 Contents of an Amendment Application
(a) An application to amend this Bylaw shall be made to the Development Officer on the prescribed form and
accompanied by the following:
(i)
if the amendment involves the re-designation of land to a different Land Use District,
i.
a copy of the certificate of title for the subject property dated within 30 days of the application;
ii.
the applicant's name, address and interest in the subject property;
iii.
an accurate and fully dimensioned graphic representation of the subject lands affected by the
proposed amendment, and may be required to be prepared to a professional standard by a surveyor
if less than the full parcel; and
iv.
signature of all registered landowners or written authorization for agent to act on behalf of the
registered landowners.
(ii) permission for right-of-entry by the Development Officer and/or other persons authorized by the County;
and
(iii) a written statement from the applicant explaining the reasons for the proposed amendment, and how the
amendment conforms with any relevant statutory plan(s);
(iv) such additional information as the Development Officer may require.
(b) Each amendment application shall be accompanied by a non-refundable application fee, as determined by
resolution of Council from time to time.
(c) Council may, on its own initiative, commence an amendment to this Bylaw by directing the Development
Officer to initiate an application.
11.11.2 The Amendment Process
(a) Upon receipt of a complete application (in accordance with Section 11.11.1), it shall be referred to (See
Figure 11.5)
(i)
County administration for the drafting of an amending Bylaw; and
(ii) Council to consider first reading and to establish a public hearing date.
(b) A notice of the application shall be published for two consecutive weeks in the local newspaper, with the
second notice appearing no later than five days in advance of the public hearing. The notice shall also be
mailed to each owner of land that is the subject of the proposed amendment, as well as all adjacent
landowners. The notice shall contain:
(i)
if the amendment involves the re-designation of land to a different Land Use District, the legal
description of the land and a map illustrating the lands in question;
(ii) the purpose of the proposed amending Bylaw;
i.
the one or more places where a copy of the proposed amending Bylaw may be inspected by the
public;
ii.
the one or more dates, places and times that the Council will hold a public hearing on the proposed
amending Bylaw;
iii.
an outline of the procedures to be followed by anyone wishing to be heard at the public hearing; and
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iv.
an outline of the procedures by which the public hearing will be conducted.
(c) The application may be referred to any agency as deemed necessary for comment and advice.
(d) Council, after considering
(i)
any representations made at the public hearing; and
(ii) any statutory plan, affecting the application and the provisions of this Bylaw may:
i.
make such changes as it considers necessary to the proposed amendment, if any, and proceed to
pass the proposed amendment, or
ii.
defeat the proposed amendment.
(e) Where an application for an amendment has been refused by Council, the Development Officer shall refuse
to accept another application on the same land for the same or similar purpose until six months have passed
from the date of such refusal.
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Figure 11.5:
Bylaw Amendment Process
Section 12.0 | DEFINITIONS
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Section 12.0 |
DEFINITIONS
Section 12.0 | DEFINITIONS
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83
SECTION 12 DEFINITIONS
For the purpose of this Bylaw the words, terms and phrases, wherever they occur in this Bylaw, shall have the meaning
assigned to them in this Section. All other words or expressions shall have the meanings respectively assigned to them in
the Municipal Government Act (Act) and the Subdivision and Development Regulation (Regulation).
A
"ACCESSORY BUILDING OR USE" means a building or
use, not including a farm building, which in the opinion of
the Development Authority, is incidental, subordinate and
exclusively devoted to the principal use or building and
located on the same site.
"ACCESSORY DWELLING" means a dwelling unit that is
secondary to a principal commercial or industrial use on the
same lot. An accessory dwelling may also be located within
the same building as the principal commercial or industrial
use.
"ACT" means the Municipal Government Act, Revised
Statutes of Alberta 2000, Chapter M-26 and amendments
thereto.
"ABUT" means immediately contiguous to or physically
touching, and when used with respect to a lot, means that
the lot physically touches upon another lot, and shares a
boundary with it. (See Figure 12.1).
Figure 12.1:
Abut
"ADJACENT" means land that is contiguous to another
parcel of land, or would be contiguous if not for a river,
stream, railway, road or utility right of way or reserve land.
(See Figure 12.2)
Figure 12.2:
Adjacent
"AGRICULTURAL SALES AND SERVICE" means the
sales and service of products related to the agriculture
industry.
"AGRICULTURE (EXTENSIVE)" means the raising or
production of any cultivated crops, livestock or dairy
products that utilize relatively large areas of land and in
which the use of buildings and confinement areas is
auxiliary to the use of the land itself.
"AGRICULTURE (INTENSIVE)" means a commercial
agricultural or livestock operation other than a confined
feeding operation that, due to the nature of the operation,
requires smaller tracts of land. Without restricting the
generality of the foregoing, this shall include nurseries,
greenhouses, market gardens, sod farms, and tree farms.
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"AGRICULTURAL INDUSTRY" means any industrial use
related to agriculture involving the production, initial
processing or storage of farm products. Without restricting
the generality of the above it may include a grain elevator,
seed cleaning plant, abattoir, pelletizing plant, bulk oil and
gas sales and storage, auction market, livestock holding
station, canola crushing plant, or a use similar to those
listed.
"AGRI-TOURISM" means an activity carried out on a farm
or ranch whose primary business activity is agriculture or
ranching and that allows members of the general public, for
recreational, entertainment, or educational purposes, to
view or enjoy rural activities.
"ANIMAL HEALTH CARE SERVICES" means a
development such as a hospital or shelter used for the
temporary accommodation, care, treatment or impoundment
of animals. This would include pet clinics, animal veterinary
clinics and veterinary offices.
"APIARY" means all permanent structures related to the
commercial rearing and keeping of bees.
"APPROVING AUTHORITY" means the Development
Authority or the Subdivision Authority for the County as
applicable.
"AUTO BODY AND PAINT SHOP" means an establishment
for the repair or painting of motor vehicles bodies but does
not include facilities for the sale of fuels, lubricants,
automotive accessories or mechanical or electrical repairs.
"AUTOMOTIVE AND EQUIPMENT REPAIR" means a
facility for the servicing and mechanical repair of
automobiles, trucks and utility vehicles, motorcycles,
snowmobiles, motor homes and similar vehicles; the sale,
installation, or servicing of related accessories and parts;
and servicing of small engines and equipment; but does not
include auto body repair, paint shops, wrecking yards.
B
"BED AND BREAKFAST" means an establishment that
provides breakfast together with the rental of bedrooms and
bath facilities of a private single detached dwelling that is
permanently occupied by the owner of the establishment.
"BOARD" means the Subdivision and Development Appeal
Board.
"BUILDING" includes anything constructed or placed on, in,
over or under land but does not include a highway or road
or a bridge forming part of a highway or road.
"BUILDING HEIGHT" means the vertical distance of a
building measured from the average grade adjacent to the
building to the highest point of the roof.
"BUILDING SUPPLY SALES" means an establishment that
involves the sales and storage of materials used in the
construction of buildings.
"BULK FUEL OR CARD LOCK" means a facility for the bulk
storage and distribution of petroleum products and may
include card lock retail sales.
C
"CABIN" means a structure intended for temporary
accommodation or recreational purposes that may or may
not be placed on a foundation.
"CAMPGROUND" means a recreational development that
may operate seasonally or year-round for the purpose of
providing short-term use of recreational vehicles, tents, tent
trailers, and similar vehicle accommodation. Typical uses
include tourist trailer parks, campsites and tenting grounds,
and related recreational activities such as trail riding, picnic
grounds, boating facilities, and playgrounds. This may also
include facilities for eating and assembly purposes as well
as a camp store. A campground is not construed to mean a
development for the purpose of accommodating long term
or permanent occupancy.
"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.
"CANNABIS ACCESSORY" means cannabis accessory as
defined in the Cannabis Act (Canada) and its regulations, as
amended.
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"CANNABIS PRODUCTION AND DISTRIBUTION
FACILITY" means development used principally for one or
more of the following activities as it relates to cannabis:
a) the production, cultivation, and growth of cannabis; the
processing of raw materials; the making, testing,
manufacturing, assembling or in any way altering the
chemical or physical properties of semi-finished or
finished goods and products;
b) the warehousing, storage or transshipping of materials,
goods and products; or
c) the distribution and sale of materials, goods and
products to cannabis sales or to individual customers.
"CANNABIS SALES" means a retail store licensed by the
Province of Alberta where non-medicinal cannabis and
cannabis accessories are sold to individuals who attend the
premises.
"CAR AND TRUCK WASH" means a commercial facility for
the cleaning and washing of motor vehicles.
"CHILD CARE FACILITY" means a provincially regulated
facility used for the provision of care, instruction,
maintenance or supervision of children.
"CLERK" means the Clerk to the Subdivision and
Development Appeal Board.
"CO-HOUSING FACILITY " means buildings that combine
the privacy of single/multi family dwelling units with
extensive common facilities, such as, but not limited to,
kitchen, gathering room, and laundry.
"COMMERCIAL VEHICLE" means semi-trailer trucks, as
well as intermediate-sized vehicles and passenger vehicles
no larger than a pick-up or cargo van.
"COMMUNICATION TOWER AND ANTENNA SYSTEM"
means a structure for supporting equipment for transmitting
or receiving television, radio, telephone or other electronic
communications.
"COMPLETE APPLICATION" means a development permit
or subdivision application that contains all of the information
required in order for the Approving Authority to make a
decision.
"COMPRESSOR STATION" means an oilfield facility
located on a well site which helps the transportation process
of natural gas by pipeline from one location to another.
"CONDOMINIUM" is a form of property tenure where a
specified part of it is individually owned while use of and
access to common facilities such as hallways, heating
system, elevators, and exterior areas is controlled by an
association of owners that jointly represent ownership of
these common areas.
"CONFINED FEEDING OPERATION" means a confined
feeding operation as defined in the Agricultural Operation
Practices Act.
"CONTRACTOR, LIMITED" means development used for
the provision of electrical, plumbing, heating, painting,
catering and similar contractor services primarily to
individual households and the accessory sales of goods
normally associated with the contractor services where all
materials are kept within an enclosed building, and there are
no accessory manufacturing activities or fleet storage of
more than four vehicles.
"COUNCIL" means the Municipal Council of Saddle Hills
County.
"COUNTY" means Saddle Hills County.
D
"DANGEROUS GOODS" means dangerous goods as
defined in the Alberta Fire Code.
"DEALERSHIP" means premises for the display and/or sale
of new or used motor vehicles and equipment, including
farm machinery and equipment, construction-related
vehicles and equipment, recreational vehicles, trucks,
trailers, boats, motorcycles, and snowmobiles.
"DECK" means an unenclosed platform or series of
platforms with direct access to the ground. (See Figure 12.3)
Figure 12.3:
Deck
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"DEVELOPMENT" means
a) an excavation or stockpile and the creation of either of
them,
a) 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,
b) a change in 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
c) a change in the intensity of use of land or a building or
an act done in relation to land or a building that results
in or is likely to result in a change in the intensity of use
of the land or building.
"DEVELOPMENT AUTHORITY" means a Development
Authority established pursuant to Section 624 of the Act and
includes the Development Officer or Municipal Planning
Commission of Saddle Hills County, as the case may be.
"DEVELOPMENT OFFICER" means the person appointed
by Council to serve as the Development Officer pursuant to
Section 2 of this Bylaw.
"DEVELOPMENT PERMIT" means a document authorizing
a development issued pursuant to this Bylaw.
"DISCRETIONARY USE" means the use of land or
buildings that may be authorized (in list of Discretionary
Uses) in a given Land Use District at the discretion of the
Development Authority, with or without conditions.
"DRINKING ESTABLISHMENT" means a facility licensed
by the Alberta Gaming and Liquor Commission where
alcoholic beverages are served for consumption on the
premises, and includes a licensed lounge that is ancillary to
a restaurant.
"DUGOUT" means a borrow pit that is used as a water
source for domestic or farm purposes.
"DUPLEX" means development consisting of a building
containing two self contained dwelling units located side by
side sharing a common wall or one above the other.
Figure 12.4:
Duplex
"DWELLING UNIT" means one or more rooms used as or
designed to be used as a residence and containing
sleeping, cooking and sanitary facilities and with an
independent entrance either directly from outside a building
or from a common hallway inside a building.
E
"EXTERIOR STORAGE" means the use of a site or portion
of a site used for the storage of products, goods, materials,
machinery, vehicles, or equipment that is not contained
within a building.
F
"FARM BUILDING" means improvements used in
connection with the raising or production of crops, livestock,
or poultry and situated on land used in connection with such
farming operations, but does not include a dwelling unit.
"FRAGMENTED PARCEL" means a parcel that is separated
from the balance of a quarter section by an impassable
natural feature such as a permanent watercourse or valley,
or a physical feature such as a road, highway, or railway.
G
"GOLF COURSE" means an outdoor recreational facility
that contains development related to a golf course including
fairways, driving ranges and a clubhouse. This definition
does not include residential development or tourist
accommodation.
"GRADE" means the ground elevation from which the
height of a building or structure is measured.
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"GRANARY" means a building or structure that is designed
for the storage of grain and is normally accommodated on a
farm site.
"GREEN AREA" means the administrative area of Alberta
that is managed by the Government of Alberta under the
Public Lands Act.
"GREENHOUSE" means a building specially designed and
used for the commercial production of vegetables, flowers
and other plants (does not include Cannabis Production and
Distribution Facility).
"GROUND FLOOR AREA" means the square area occupied
at grade by the outside perimeter of a building.
H
"HAMLET" means any area designated as a hamlet by
Council pursuant to the Act.
"HEAVY EQUIPMENT SERVICE AND REPAIR" means
development used for the service, cleaning or repair of
heavy vehicles, machinery or mechanical equipment
typically used in building, road, pipeline, oil field and mining
construction, manufacturing, assembling and processing
operations, and agricultural production, with no sales/rental
of heavy equipment.
"HIGHWAY" means a road designated by the Province as a
highway.
"HOME BASED BUSINESS (MAJOR)" means the use of a
building and/or site that is incidental to the principal
residential use of the building and/or site. For the purposes
of clarification this includes such uses as the storage of
goods, materials, or equipment not directly related to the
operation. Home based businesses (major) shall be limited
to up to four (4) employees other than the resident and the
resident's family who permanently reside in the dwelling.
"HOME BASED BUSINESS (MINOR)" means the use of a
residential building to conduct a business or commercial
enterprise. The business portion shall be incidental or
subordinate to the primary residential function and shall be
limited to the confines of the residence. Home based
businesses (minor) shall not have any employees other than
the resident and the resident's family who permanently
reside in the dwelling and shall not include any outside
storage or commercial vehicles larger than a pickup or
cargo van on site.
I
"INDUSTRIAL LANDFILL" means a site used for the
disposal of non-domestic, industrial or oilfield solid wastes
that are prohibited from disposal at a sanitary landfill site but
does not include a land treatment facility.
"INTERNAL SUBDIVISION ROAD" means a road that is
intended to serve one or more lots and is not located within
a government road allowance, the management of which is
the responsibility of the County.
K
"KENNEL" means premises that is used, or intended to be
used, for the commercial breeding, raising, or boarding of
cats or dogs.
L
"LAND TREATMENT FACILITY" means a facility intended
to accommodate the disposal of bio- degradable oilfield
waste by spreading it on a parcel of land.
"LANDSCAPING" means the enhancement of a site
through the use of any or all of the following elements:
a) "soft landscaping" consisting of vegetation such as
trees, shrubs, hedges, grass, berms, and ground cover,
b) "hard landscaping" consisting of non-vegetative
materials such as but not limited to brick, stone,
concrete, tile and wood, excluding monolithic concrete
and asphalt.
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"LIGHT MANUFACTURING" means the assembling of
goods, products, or equipment whose activities are primarily
carried on within an enclosed building and no nuisance
factor is created or apparent outside of the building.
"LIVESTOCK" means any farm animals and/or poultry
reared for commercial or personal purposes. For the
purpose of this Bylaw, this includes but is not limited to
cattle, horses, sheep, goats, swine, domestic fowl, rabbits,
mules, donkeys, buffalo, elk and deer.
"LODGING ESTABLISHMENT" means a commercial
building or group of buildings designed for the temporary
accommodation of the traveling public, with or without meals
(does not include a work camp).
"LOT" means:
a) a quarter section,
b) a river lot shown on an official plan, as defined in the
Surveys Act, that is filed or lodged in a land titles office,
c) a settlement lot shown on an official plan, as defined in
the Surveys Act, that is filed or lodged in a land titles
office,
d) a part of a parcel 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
e) a part of a parcel of land described in a certificate of title
if the boundaries of the part are described in a
certificate of title by reference to a plan of subdivision.
"LOT, CORNER" means a lot having a frontage on two or
more streets at their intersection or junction.
"LOT LINE" means a legally defined limit of any lot.
"LOT LINE, FRONT" means the boundary dividing the lot
from an abutting road. In the case of a corner lot the shorter
lot line shall be the front lot line.
"LOT LINE, REAR" means the lot line of a lot that is directly
opposite to the front lot line.
"LOT LINE, SIDE" means any lot line other than the front or
rear lot line.
"LOT WIDTH" means the distance between the side lot
lines at a point midway between the front and rear of the lot
and approximately parallel to the street line.
M
"MANUFACTURED HOME" means a transportable
detached dwelling unit suitable for year-round occupancy,
designed to be transported by being towed or carried, and
upon arriving at the site for location is, apart from incidental
operations such as placement of foundation supports, and
connection of utilities, is suitable for human habitation. For
the purpose of this Bylaw, this includes both single- section
and multiple-section units, but does not include a
recreational vehicle, or a modular home or a sea can
container.
"MANUFACTURING OR PROCESSING OF GOODS OR
PRODUCTS" means development principally associated
with manufacturing, assembling, fabrication, processing and
research/ testing activities. Without restricting the generality
of the foregoing, typical facilities would include plants
involved with petroleum products; plants producing bio-
diesel; natural gas and its derivatives, pulp and paper
products; stone, clay, glass, plastic, wood, rubber or metal
products, cement or lime products; or automotive assembly
or fabrication.
"MINI STORAGE" means self-contained buildings or
storage facilities intended to provide inside storage options
on a small scale where the customer is charged a rental fee
on a monthly or annual basis for the storage of personal
products.
"MINOR AGRICULTURAL PURSUIT" means the non-
commercial rearing of a limited number of livestock on a
residential parcel. This number is limited by the regulation in
the CR2 District regarding the number of animal units
allowed per acre.
"MOBILE FOOD SERVICES" means development using a
vehicle for the delivery or sale of food to the public. Includes
mobile restaurants (vehicles containing cooking facilities to
produce food for public sale and consumption off site).
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"MODULAR HOME" means a prefabricated or factory-built
frame or shell which comprises the wall or siding of a
proposed dwelling. More specifically, a modular unit
represents only a section of the dwelling and such a unit
has neither chassis, running gear, nor its own wheels, but
units may be stacked side-by-side or vertically, and
completed to form a complete dwelling unit. For the purpose
of this Bylaw, this definition does not include a
manufactured home.
"MULTI-UNIT DWELLING" means a residential
development comprised of three or more dwelling units.
"MUNICIPAL PLANNING COMMISSION" means a
municipal planning commission established by separate
bylaw.
"MUNICIPAL ROAD" means a road that is constructed
within the limits of a government road allowance or
registered road plan, the management of which is the
responsibility of the County but does not include an internal
subdivision road.
N
"NATURAL RESOURCE EXTRACTION INDUSTRY"
means an enterprise engaged in the on-site removal,
extraction and primary processing of raw materials such as
timber, clay, sand, gravel, coal, limestone, oil and natural
gas.
"NON-CONFORMING" refers to a building or use that does
not comply with the provisions of this Bylaw.
O
"OIL OR GAS PROCESSING PLANT" means a facility for
the extraction and processing of oil or natural gas, or for the
extraction hydrogen sulfide, helium, natural gas liquids or
other substances, and includes carbon capture facilities.
"OFFICE (BUSINESS, ADMINISTRATIVE, AND
PROFESSIONAL)" means development primarily used for
the provision of services to businesses, professional,
management, administrative, consulting and financial
services. These services may include the use of minor
mechanical equipment for printing, duplicating, binding or
photographic processing, the provision of office
maintenance or custodial services, the sale, rental, repair or
servicing of office equipment and furniture. Typical uses
include the offices of lawyers, accountants, engineers,
architects, real estate and insurance firms, banks or credit
unions or similar financial uses, clerical or other office
support, printing and copying establishments, and janitorial
services.
"OPEN CAMP" means a work camp established on a
permanent basis to house workers for any project in the
area. The camp would consist of a cluster of units to
provide sleeping, eating, recreation, and other basic living
facilities.
P
"PARCEL" means the aggregate of the one or more areas
of land described in a certificate of title or described in a
certificate of title by reference to a plan filed or registered in
a land titles office.
"PARK MODEL HOME" means a dwelling unit that conforms
to CAN-CSA series Z241 certification, with a maximum size
of 92 m2 (990 ft2).
"PERMANENT FOUNDATION" means a structure consisting
of concrete, treated wood, or masonry that serves as
support for a building that, during construction, involves an
excavation. This may include but not be limited to a
basement, crawl space, concrete slab, or pilings.
"PERMITTED USE" means the use of land or of a building
(as included in a list of Permitted Uses) for which a
development permit shall be issued, with or without
conditions, provided the use conforms to this Bylaw.
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"PERSONAL SERVICE ESTABLISHMENT" means a
development used for the provision of services to an
individual that are related to the care and appearance of the
body, or the cleaning and repair of personal effects. For
purpose of clarification this includes barber shops,
hairdressers, beauty salons, tailors, dressmakers, shoe
repair shops, dry cleaners and similar uses.
"POSITIVE SURFACE DRAINAGE" means the continuous
downward slope on all sides of the parcel from finished
ground surface immediately adjacent to the building to the
property line.
"POWER GENERATING STATION" means a facility for the
purpose of generating electrical power for private use.
"PRINCIPAL BUILDING OR USE" means the main purpose
for which, in the opinion of the Development Authority, a
building or site is ordinarily used.
"PRIVATE AIRCRAFT LANDING STRIP" means the
development of a landing strip that is not for public aircraft
use (i.e. is not part of an airport).
"PUBLIC BUILDING OR USE" means a building, structure,
or site owned or leased by a department or agency of the
federal, provincial or municipal government for the purpose
of public administration, or the provision of community
services that may include cemeteries, community halls,
schools, and county facilities.
"PUBLIC UTILITY" means a system or works used to
provide one or more of the following for public consumption,
benefit, convenience or use:
a) water or steam;
b) sewage disposal;
c) public transportation operated by or on behalf of the
municipality;
d) irrigation;
e) drainage;
f) fuel;
g) electric power;
h) heat;
i) waste management;
j) residential and commercial street lighting, and includes
the thing that is provided for public consumption,
benefit, convenience or use.
R
"RAILWAY STATION GROUNDS" means a facility used to
store and maintain railroad related equipment and products
and usually includes a number of buildings related to the
operation of a railroad.
"RECREATION (EXTENSIVE)" means a recreation
development located in a rural area to take advantage of
natural physical features including the availability of large
areas of land to provide for the non-facility oriented
recreational activities such as but not limited to hunting, trail
riding, snowmobiling, hiking and similar activity.
"RECREATION (INDOOR)" means a facility where patrons
participate in sports events and other recreational activities
in an enclosed building that may include a restaurant and a
retail store. Typical uses include but are not limited to,
arenas, athletic clubs, curling clubs, health and fitness
clubs, gymnasiums, swimming pools, bowling alleys, rifle
and pistol ranges, and racket clubs.
"RECREATION RESORT" means a commercial
development that offers a combination of recreational uses
such as golf courses and indoor recreation facilities, with
guest accommodation that may include lodging
establishments, campgrounds, park model homes, and
similar uses on a single site.
"RECREATIONAL VEHICLE" means a motor vehicle or
structure attached to a motor vehicle that is designed to
provide mobile, short-term living accommodations and
includes a travel trailer, truck camper, tent trailer, fifth wheel
and motor home.
"RECREATIONAL VEHICLE STORAGE" means the
storage only of recreational vehicles including but not limited
to motor homes, travel trailers, fifth wheels, truck campers,
tent trailers, or similar vehicles. This storage does not
include overnight accommodation nor does it include the
sales or service of these types of vehicles.
"REGULATION" means the Subdivision and Development
Regulation.
Section 12.0 | DEFINITIONS
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"RELIGIOUS ASSEMBLY" means a development used for
spiritual worship and related religious philanthropic, or social
activities and includes accessory rectories, manses,
meeting rooms, food preparation and service facilities,
classrooms, dormitories, and other buildings. Typical uses
include churches, chapels, mosques, temples, synagogues,
parish halls, convents, and monasteries. A religious
assembly may include a single family dwelling (manse) for
the resident religious leader, provided it is accessory to the
principal use of the lot.
"RESTAURANT" means a facility with a fully equipped
kitchen primarily intended for the preparation and sale of
foods and beverages to the public for consumption on or off
the site.
"RETAIL STORE" means commercial premises in which the
retail sale of consumer goods takes place (does not include
Cannabis Sales).
"ROAD" means land shown as a road on a plan of survey
that has been filed or registered in a land titles office, or
used as a public road, and includes a bridge forming part of
a public road and any structure incidental to a public road,
but does not include a highway.
"RURAL FARMLAND ASSESSMENT (RFA)" means
farmland is assessed on the basis of its agricultural use
value. All farmland is rated on the basis of its ability to
produce income from the growing of crops and/or the raising
of livestock.
The productive value of farmland is determined using a
process that sets a value for the best soils, and then makes
adjustments for less than optimal conditions such as stones,
the presence of sloughs, or topography not conducive to
farming practices.
S
"SALVAGE YARD" means land and associated buildings
used to store, dismantle, salvage, and recycle components
from discarded vehicles, industrial equipment, demolished
buildings and other large items.
"SAWMILL" means a portable machine used to cut logs into
boards and other wood products.
"SEA CAN" means a standardized shipping container,
designed and built for intermodal freight transport, and is
typically used for storage.
"SECONDARY SUITE" means a self-contained dwelling unit
that is located within or on the same lot as the principal
single detached dwelling unit, and has sleeping, cooking
and living areas that are separate from those of the principal
dwelling. Typical forms include park model homes,
basement suites, garden suites and garage suites. (See
Figure 12.5)
Figure 12.5:
Secondary Suite
"SEMI-DETACHED DWELLING" means two self- contained
dwelling units containing not more than two dwelling units
sharing a common vertical wall, with no unit being placed
over another in whole or in part, and with each unit located
on a separate titled parcel. Each dwelling unit shall have a
separate and individual entrance at grade and must conform
to the Safety Codes Act. (See Figure 12.6)
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Figure 12.6:
Semi-Detached Dwelling
"SERVICE STATION" means a facility for the service and
repair of motor vehicles and for the retail sale of gasoline,
lubricants, automotive accessories and associated
petroleum products.
"SETBACK" means the distance that a development must
be separated from a lot line.
"SETTLEMENT" means a small concentration of dwelling
units and related uses but does not include a hamlet.
"SHELTERBELT" means a planted row of trees and/or
shrubs, planted in such a manner as to provide shelter from
the wind, to protect the soil from erosion, and to screen a
farmstead from a road or the rest of the farm.
"SHOOTING RANGE" means a recreational facility that is
designed for the practice of archery or the shooting of
firearms.
"SIGN" means an object or device intended for the purpose
of advertising or calling attention to any person, matter, thing
or event.
"SINGLE DETACHED DWELLING UNIT" means a stick-
built or modular residential building containing only one
residential dwelling unit, but does not include a cabin,
manufactured home or park model home.
"SKILLED TRADES ESTABLISHMENT" means a
construction related service facility that offers skilled labour
to provide services such as electrical, plumbing, heating,
painting, and landscaping. There may be some outdoor
storage of equipment and vehicles associated with this use.
"SOLAR COLLECTOR" means a device used to collect
sunlight that is part of a system that converts radiant energy
from the sun into thermal or electrical energy for on-site use.
This use does not include a solar energy facility.
"SOLAR ENERGY FACILITY" means a commercial facility
that is designed to collect sunlight and then generate, store
and distribute the converted energy for public consumption.
"SOUR GAS FACILITY" means any facility subject to
approval by the Alberta Energy Regulator, that extracts,
produces, processes, or transports sour gas including a
pipeline, battery or gas processing plant.
T
"TEMPORARY" refers to a development that has been
approved on a non-permanent basis with a specified permit
expiry date.
"TOP OF BANK" means the upper valley break line or the
line defining the uppermost or most obvious topographic
discontinuity in slope distinguishing between the upper
plateau and the valley wall established through a
biophysical study, site specific survey or both.
"TRANSPORTATION TERMINAL" means a development
that may include facilities related to transportation oriented
business. This use would normally require a large area to
accommodate the parking of large commercial vehicles
including tractor/trailer units. Typical uses would include
oilfield hauling of materials and equipment, gravel haulers,
water haulers, heavy equipment transport.
"TRUCK TERMINAL (TRUCK STOP)" means the provision
of facilities including a gas or service station, a restaurant,
related services and parking designed specifically for
tractor/trailer units. Together, these facilities do not
constitute a service station or restaurant use class.
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U
"UNSUBDIVIDED QUARTER SECTION" means a quarter
section, lake lot, river lot or settlement lot that has not been
subdivided except for public uses or fragmented parcels. In
the case of lands containing fragmented parcels, a quarter
section lake lot, river lot or settlement lot that constitutes
more than half of the area that was constituted by that
quarter section, lake lot, river lot or settlement lot is
considered unsubdivided.
"USED OIL STORAGE FACILITY" means a facility for the
containment of used oil in above-ground tanks on a
temporary basis, and from which the oil is transported to an
approved facility for treatment or disposal.
W
"WAREHOUSE" means a building primarily for the keeping
of goods and merchandise, excluding dangerous or
hazardous materials, derelict vehicles, or any waste material
(does not include Cannabis Production and Distribution
Facility).
"WATERCOURSE" means
k) the bed and shore of a river, stream, creek or other
natural body of water, and/or
l) a canal, ditch or other man-made surface feature
whether or not it contains water continuously or
intermittently.
"WETLAND" means land saturated with water long enough
to promote aquatic processes as indicated by the poorly
drained soils, water-resilient vegetation, and various kinds
of biological activity that are adapted to a wet environment.
"WHOLESALE OUTLET" means a warehouse type building
or distribution centre where a range of goods are displayed
and stored for retail wholesale or retail sale.
"WIND ENERGY CONVERSION SYSTEM (WECS)" means
a structure designed to convert wind energy into mechanical
or electrical energy.
"WORK CAMP" means one of more buildings and related
facilities established on a temporary basis that are intended
to accommodate workers for the duration of a construction
project or similar activity such as mining, resource
exploration, and lumbering. A work camp does not include
accommodations that are provided by employees for their
own use, or where employees transport, store or prepare
food for their own personal consumption.
Y
"YARD, EXTERIOR SIDE" means a yard adjacent to a road,
extending from the front yard to the rear yard and situated
between the side lot line and the nearest exterior wall of the
principal building.
"YARD, FRONT" means that portion of land extending
across the full width of a lot and situated between the front
lot line and nearest exterior wall of the principal building.
"YARD, INTERIOR SIDE" means a yard adjacent to a lot,
extending from the front yard to the rear yard and situated
between the side lot line and the nearest exterior wall of the
principal building.
"YARD, REAR" means that portion of land extending across
the full width of a lot from the rear property line to the
closest wall of the principal building.
"YARD, SIDE" means a yard extending from the front yard
to the rear yard and situated between the side lot line and
the nearest exterior wall of the principal building, as shown
in Figure 12.7.
Figure 12.7:
Yards
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SCHEDULES
SCHEDULE A: LIST OF LAND USE DISTRICT MAPS
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SCHEDULE A: LIST OF LAND USE DISTRICT MAPS
Map
Location
1
Overall County
2
Hamlet of Woking
2A
Hamlet of Woking
3
Settlement of Savanna
4
Settlement of Bonanza
5
Settlement of Bay Tree
6
Blueberry Mountain
7
Gordondale
8
Saddle Oak Estates & NW Sec 17 78-13 W6M
9
W ½ Sec 22 81-9 W6M
10
NE Sec 28 81-9 W6M
11
NE Sec 23 79-13 W6M
12
NE Sec 32 & NW Sec 33 78-13 W6M
13
NW Sec 11 79-10 W6M
14
NE Sec 15 78-7 W6M
15
SE Sec 12 79-13-W6M
16
NW Sec 32 78-13 W6M
17
NW Sec 34 75-5 W6M
18
SE Sec 3 79-13 W6M
19
SE Sec 29 80-12 W6M
20
SW Sec 33 78-13-W6M
21
E 12/ Sec 31 & W ½ Sec 32 78-11-W6M
22
SE Sec 29 78-13-W6M
23
SW Sec 15 78-7-W6M
24
S ½ Sec 8 79-9-W6M
25
County Complex
SCHEDULE B: LAND USE DISTRICT MAPS
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MAPS
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SCHEDULE C: AMENDMENTS
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SCHEDULE C: AMENDMENTS
Amendment
Bylaw No.
Details
Final Reading Date
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
SCHEDULE C: AMENDMENTS
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Amendment
Bylaw No.
Details
Final Reading Date
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60