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Land Use Bylaw
The Town of
Sedgewick
Land Use Bylaw
Page ii
Table of Contents
ONE: ENACTMENT AND ADMINISTRATION
1
SECTION 1: TITLE
1
SECTION 2: PURPOSE
1
SECTION 3: APPLICATION
1
SECTION 4: EFFECTIVE DATE
1
SECTION 5: OTHER LEGISLATIVE REQUIREMENTS
1
SECTION 6: TRANSITION
1
TWO: INTERPRETATION
2
SECTION 7: UNITS OF MEASUREMENT
2
SECTION 8: RULES OF INTERPRETATION
2
SECTION 9: DEFINITIONS
3
THREE: DEVELOPMENT AUTHORITY
19
SECTION 10: DESIGNATED OFFICER
19
SECTION 11: MUNICIPAL PLANNING COMMISSION
19
SECTION 12: SUBDIVISION AND DEVELOPMENT APPEAL BOARD
19
FOUR: DEVELOPMENT PERMITS
21
SECTION 13: CONTROL OF DEVELOPMENT
21
SECTION 14: FEES
21
SECTION 15: WHEN A DEVELOPMENT PERMIT IS NOT REQUIRED
21
SECTION 16: NON-CONFORMING BUILDINGS AND USES
22
SECTION 17: APPLICATION FOR DEVELOPMENT PERMIT
22
SECTION 18: DECISION
24
SECTION 19: TEMPORARY PERMITS
26
SECTION 20: VARIANCE AUTHORITY
26
SECTION 21: NOTICE OF A PROPOSED DEVELOPMENT
26
SECTION 22: NOTICE AND VALIDITY OF DECISION
27
SECTION 23: CANCELLATION
28
SECTION 24: APPEALING A DECISION
28
SECTION 25: THE APPEAL PROCESS
28
FIVE: AMENDING THE BYLAW
30
SECTION 26: BYLAW AMENDMENTS
30
SECTION 27: CONTENTS OF AN AMENDMENT APPLICATION
30
SECTION 28: THE AMENDMENT PROCESS
31
SIX: CONTRAVENTION AND ENFORCEMENT
32
SECTION 29: CONTRAVENTION
32
SECTION 30: STOP ORDER
32
SECTION 31: OFFENCES AND PENALTIES
33
Land Use Bylaw
Page iii
SEVEN: GENERAL REGULATIONS
34
SECTION 32: APPLICABILITY
34
SECTION 33: BASEMENT SUITES
34
SECTION 34: BED AND BREAKFAST FACILITY
34
SECTION 35: BUILDING DESIGN, CHARACTER AND APPEARANCE
35
SECTION 36: CORNER LOT PROVISION
35
SECTION 37: DWELLING UNITS ON A PARCEL
36
SECTION 38: EASEMENTS
36
SECTION 39: ENVIRONMENTAL CONSERVATION
37
SECTION 40: FENCING AND SCREENING
37
SECTION 41: HOME OCCUPATIONS
38
SECTION 42: LIGHTING
39
SECTION 43: LOT GRADING AND DRAINAGE
39
SECTION 44: OBJECTS PROHIBITED OR RESTRICTED IN YARDS
39
SECTION 45: PERMITTED PROJECTIONS
40
SECTION 46: RELOCATING BUILDINGS NOT OF NEW CONSTRUCTION OTHER THAN SECTIONAL HOMES 42
SECTION 47: SATELLITE DISH AND AMATEUR RADIO ANTENNAS
43
SECTION 48: TEMPORARY STRUCTURES
44
EIGHT: TRANSPORTATION FACILITIES
45
SECTION 49: PARKING
45
SECTION 50: ON-SITE LOADING REQUIREMENTS
50
SECTION 51: VEHICLES
50
NINE: SIGNS
52
SECTION 52: GENERAL PROVISIONS
52
SECTION 53: A-BOARD SIGNS FIGURE 54-1: A-BOARD SIGN
52
SECTION 54: AWNING AND CANOPY SIGNS
53
SECTION 55: BILLBOARDS
54
SECTION 56: ELECTION SIGNS
54
SECTION 57: FASCIA SIGNS
55
SECTION 58: FREESTANDING SIGNS
55
SECTION 59: PAINTED WALL SIGNS
56
SECTION 60: PORTABLE AND INFLATABLE SIGNS
57
SECTION 61: PROJECTING SIGNS
58
SECTION 62: WALL SIGNS
58
Land Use Bylaw
Page iv
TEN: LAND USE DISTRICTS
59
SECTION 63: ESTABLISHMENT OF LAND USE DISTRICTS
59
SECTION 64: R1A RESIDENTIAL SINGLE DETACHED DISTRICT
61
SECTION 65: R1 RESIDENTIAL GENERAL DISTRICT
63
SECTION 66: R2 RESIDENTIAL MULTI FAMILY DISTRICT
65
SECTION 67: R2 RESIDENTIAL SECTIONAL HOME SUBDIVISION DISTRICT
67
SECTION 68: R4 RESIDENTIAL LOW DENSITY DISTRICT
69
SECTION 69: C1 COMMERCIAL CENTRAL DISTRICT
71
SECTION 70: LIB LIGHT INDUSTRIAL BUSINESS DISTRICT
73
SECTION 71: P PARKS DISTRICT
75
SECTION 72: I INSTITUTIONAL DISTRICT
76
SECTION 73: UR URBAN RESERVE DISTRICT
77
SECTION 74: DC DIRECT CONTROL DISTRICT
78
List of Figures and Tables
Figure 36.1: Restrictions on Corner/Double Fronting Lots
36
Figure 45-1: Permitted Projections - Front and Interior Side Yard Setbacks
41
Figure 45-2: Permitted Projections - Rear and Exterior Side Yard Setbacks
42
Figure 49-1: Illustration of Parking Standard Dimensions
46
Table 49-1: Parking Stall Design Standards
47
Table 49-2: Parking Requirements
48
Figure 51-1: Sight Triangle at Intersection of Lanes
50
Figure 54-1: Awning and Canopy Signs
53
Figure 59-1: Painted Wall Signs and Projecting Signs
56
Table 63-1: Residential Land Uses
60
Schedule "A": Land Use District Map
79
Land Use Bylaw
Page 1
ONE: Enactment and Administration
Section 1: Title
This Bylaw is entitled the Town of Sedgewick Land Use Bylaw.
Section 2: Purpose
The purpose of this Bylaw is to regulate the use and development of land and buildings in the Town
of Sedgewick pursuant to Part 17 of the Municipal Government Act.
Section 3: Application
The provisions of this Bylaw apply to all lands and buildings within the boundaries of the Town,
pursuant to Part 17 of the Municipal Government Act.
No person shall commence any development within the Town except in compliance with this
Bylaw.
Section 4: Effective Date
This Bylaw comes into force and takes effect upon the date of its third reading.
Land Use Bylaw No. 326 as amended is hereby repealed.
Section 5: Other Legislative Requirements
Compliance with the requirements of this Bylaw does not exempt any person from the
requirements of any statutory plan.
Nothing in this Bylaw exempts a person to obtain a development permit as required by this Bylaw
or to obtain any other permit, license or other authorization required by this or any other Bylaw.
In addition to the requirements of this Bylaw, a person is required to comply with all federal,
provincial and other municipal legislation.
Section 6: Transition
An application submitted and accepted prior to the approval of this Bylaw shall be considered
under the provisions of Land Use Bylaw No. 326, as amended.
Land Use Bylaw
Page 2
TWO: Interpretation
Section 7: Units of Measurement
All measurements in this Bylaw are metric.
Section 8: Rules of Interpretation
Words used in the present tense include the other tenses and derivative forms. Words used in the
singular include the plural and vice versa. Words have the same meaning whether they are
capitalized or not.
The words shall and must require mandatory compliance except where a variance has been
granted pursuant to the Act or this Bylaw.
Words, phrases, and terms not defined in this part may be given their definition in existing
legislation and regulations, such as the Act or the Alberta Building Code. Other words shall be
given their usual and customary meaning.
Where a regulation involves two or more conditions or provisions connected by the conjunction and
means all the connected items shall apply in combination; or indicates that the connected items
may apply singly or in combination; and and/or indicates the items shall apply singly or in
combination.
Metric Conversions to be utilized by the reader are as follows:
♦ 1.0 metre = 3.281 feet
♦ 1.0 square metre = 10.8 square feet
♦ 1 hectare = 2.47 acres
♦ 1.0 kilogram = 2.2 lbs.
♦ 1.0 cubic metre = 220 gallons
Imperial conversions are provided for the convenience of the reader. For interpretation of the
Bylaw, the metric values indicated in the Bylaw shall prevail.
Land Use Bylaw
Page 3
Section 9: Definitions
The following definitions shall be used in this Land Use Bylaw:
"ABATTOIR" means the use of land or
buildings as a facility for the slaughtering of
animals and the processing of meat products.
"ACCESSORY BUILDING" means a building
or structure, which, in the opinion of the
Development Authority, is incidental,
subordinate and exclusively devoted to the
principal use or building and is located on the
same parcel. Examples include, but are not
limited to, garages, decks, sheds and carports.
An accessory building or structure does not
include extensions that are physically attached
to the principal building.
"ACCESSORY USE" means a use customarily
incidental and subordinate to the main use or
building and is located on the same parcel of
land with such main use or building.
"ACT" means the Municipal Government Act,
2000, and amendments thereto and its
successors.
"ADJACENT" means land that is contiguous to
the lot that is the subject of an application for
subdivision, re-designation or development and
includes land or a portion of land that would be
contiguous if not for a public road, railway,
reserve land, utility right-of-way, river or stream.
"AGGREGATE STOCKPILING" means the
use of land for the storage of processed
aggregates or other raw materials for future
sale.
"APARTMENT" means a building with five or
more dwelling units and which share a common
entrance, and which does not conform to the
definition of any other residential use. All
dwelling units must adhere to the provisions of
the Alberta Safety Codes Act.
"ASSISTED LIVING FACILITY" means a
building, or a portion of a building operated for
the purpose of providing live in accommodation
for six or more persons with chronic or
declining conditions requiring professional care
or supervision or ongoing medical care, nursing
or home making services or for persons
generally requiring specialized care. All
dwelling units must adhere to the provisions of
the Alberta Safety Codes Act.
"AUCTION MART" means a development
used for the auctioning and related temporary
storage of goods, except livestock.
"AUTOBODY AND REPAIR SHOP" means a
use where the primary activity is the repairing
and maintaining of vehicles, including auto
body repair.
"AUTOMOBILE AND RECREATION VEHICLE
SALES AND RENTAL" means a development
used for the retail sale or rental of new or used
automobiles, recreational vehicles,
motorcycles, snowmobiles, tent trailers, boats,
travel trailers or similar light vehicles or crafts,
together with incidental maintenance services
and sale of parts. It includes automobile
dealerships, car and truck rental agencies, and
motorcycle dealerships, but does not include
dealerships for the sale of manufactured
homes, trucks, or heavy equipment with a
gross vehicle weighting greater than 4,000 kg.
See "Heavy Equipment Sales, Service, Storage
and Rentals" for dealerships of vehicles and
equipment over 4,000 kg.
"AUTOMOBILE REPAIR GARAGE" means
and establishment for the repair or replacement
of parts in a motor vehicle but does not offer
vehicle fuels for retail sale. This definition does
not include an auto body shop, an automotive
service station, or a gas bar. For the purposes
of this definition, vehicles may include
Land Use Bylaw
Page 4
motorized construction equipment and tractor
trailers. This includes a "Tire Shop".
"AUTOMOBILE SERVICE STATION" means
a use, building, or part of a building, where
vehicle fuels, lubricants, and accessories are
offered for retail sale and which contains
facilities for the repair and maintenance of
vehicles excluding body work.
"AUTOMOBILE SUPPLY STORE" means a
use, building, or part of a building where
equipment and parts used to repair, service, or
customize motor vehicles are available for retail
sale. This does not include any installations or
repairs.
"BALCONY" means a platform, attached to
and projecting from the face of a building above
the first storey, normally surrounded by a railing
and used as an outdoor porch or sundeck with
access only from within the building.
"BANK/FINANCIAL INSTITUTION" means a
development, use, or building that is primarily
for the banking or lending of money and other
related services. It includes a trust company,
chartered bank and credit union or Province of
Alberta Treasury Branch.
"BASEMENT" means a storey or storeys of a
building located below the first storey
'BASEMENT SUITE" - means a basement
developed as a dwelling and approved by the
Development Authority. All dwelling units must
adhere to the provisions of the Alberta Safety
Codes Act.
"BED AND BREAKFAST FACILITY" means a
dwelling unit in which the occupant rents or
leases a room or a suite of rooms on a
temporary basis to vacationers or tourists, and
which may include the provision of meals as
part of and in addition to the rental paid for the
room or a suite of rooms. This does not include
a hotel, motel, boarding or lodging house, or
restaurant, as defined herein.
"BERM" means a landscaped mound of earth.
"BOARD" means the Town's Subdivision and
Development Appeal Board.
"BOTTLED GAS, SALES AND STORAGE"
means a facility where compressed gas is
stored in pressurized portable tanks.
"BUFFER" means an area where development
is restricted to a row of trees, shrubs, fencing,
or other similar means to provide visual
screening and separation between sites,
incompatible land uses, roadways or districts.
"BUILDING" includes anything constructed or
placed on, in, over or under land but does not
include a highway or a public roadway or a
bridge forming part of a highway or public
roadway.
"BUILDING DEMOLITION" - means the
pulling down, tearing down or razing of a
building.
"BUILDING GRADE" means a ground
elevation established for regulating the number
of storeys and the height of a building. The
building grade shall mean the lowest level of
finished ground elevation adjoining a building at
any exterior wall.
Land Use Bylaw
Page 5
"BUILDING HEIGHT" means the vertical
distance between the grade and the highest
point of a building; excluding an elevator
housing, a mechanical skylight, a steeple, a
chimney, a smoke stack, a fire wall, a parapet
wall, a flagpole or similar device not structurally
essential to the building.
"BUILDING SEPARATION" means the
minimum distance between two buildings as
regulated by the Alberta Building Code.
"BULK FUEL STATION" means a
development for handling petroleum products in
bulk quantities, and includes supplementary
tanker vehicle storage. Key-lock and card-lock
pumps and retail fuel sales may be
incorporated as an accessory use. This
includes "Bulk Fuel Distributor".
"CAMPGROUND" means any land or part
thereof, which may levy fees for the locating of
tents or recreational vehicles and shall include
any facilities or amenities secondary to the
primary use, and may also include a Recreation
Vehicle Park and Public Campground.
Temporary or seasonal storage of recreation
vehicles may be permitted as an accessory
use, at the discretion of the Development
Authority.
"CARETAKER'S RESIDENCE" means a
dwelling unit that is secondary or accessory to
the principal industrial, commercial or
recreational use on the same parcel and is
used for the purpose of providing living
accommodation for the individual who is
primarily responsible for the maintenance and
security of the principal use on that parcel.
"CARPORT" means a roofed structure used for
storing or parking of not more than two private
vehicles, which has not less than 40% of its
total perimeter open and unobstructed.
"CATERER" means an establishment in which
food and beverages are prepared for the
consumption off premises, and are not served
to customers on the premises or for take out.
This is not a food and/or beverage service
facility.
"CEMETERY" means a parcel of land used as
a burial ground and is licensed by the
appropriate provincial government
departments, and may include accessory
facilities such as crematories, cinerarium,
columbarium, mausoleums, memorial parks
and gardens of remembrance.
"CLINIC" means a building or part of a building
intended for use by any or all of the following:
physicians, dentist, drugless practitioners,
opticians, optometrists, chiropractors, their staff
and patients, for the purpose of consultation,
diagnosis and office treatment.
"CLUB" means a development used for the
assembly of members of charitable, social
service, athletic, business or fraternal
organizations, and may incorporate eating,
drinking, entertainment, sports, recreation and
amusement facilities as accessory uses.
"COMMUNICATION TOWER" means a
structure that is used to convey communication,
radio, or television signals and may include
other structures necessary for carrying out this
function.
"COMMUNITY HALL" means the use of land
and building for community activities and
generally not used for commercial purposes,
and the control of which is vested in the Town
of Sedgewick, a local board or agent thereof.
Land Use Bylaw
Page 6
"CONCRETE MANUFACTURING / PLANT"
means an operation that produces concrete or
concrete products use in building or
construction and includes facilities for the
administration and management of the
business, the stockpiling of bulk materials used
in the production process or a finished product
manufactured on the premise, and the storage
of the materials and equipment required to
manufacture concrete. It may also include the
manufacture and storage of concrete products
and supplies and maintenance of required
equipment. It does not include the retail sale of
finished concrete.
"CONDOMINIUM UNIT" means:
i.
In the case of a building, a space that is
situated within a building and described as
a unit in a condominium plan by reference
to floors, wall and ceilings in a building,
ii.
In the case other than that of a building,
land that is situated within a lot described
as a unit of condominium plan by
reference to boundaries governed by
monuments pursuant to the provisions of
the Surveys Act respecting subdivision
surveys.
"CONSTRUCT" means to build, reconstruct or
relocate, and without limiting the generality of
the word, also includes:
i.
Any preliminary operation such as
excavation, filling or draining;
ii.
Altering an existing building or structure by
an addition, enlargement, extension or
other structural change; and
iii.
Any work which requires a Building
Permit.
"CONTRACTING SERVICES, MAJOR"
means a development used for commercial and
industrial service support and construction.
Typical uses include oilfield support services,
laboratories, cleaning and maintenance
contractors, building construction, surveying,
landscaping, concrete, electrical, excavation,
drilling, heating, plumbing, paving, road
construction, sewer or similar services of a
construction nature which require on-site
storage space for materials, mobile equipment
or vehicles normally associated with the
contractor service. Any sales, display, office or
technical support service areas shall be
necessary to the principal general contractor
use.
"CONTRACTING SERVICES, MINOR" means
a development used for the provision of
electrical, plumbing, heating, painting, catering
other contractor services and the accessory
sales of goods normally associated with
contractor services where all materials are kept
within an enclosed building, and no fleet
storage of more than four vehicles or pieces of
mobile equipment.
"CONVENIENCE FOOD STORE" means a
retail operation that specializes in convenience
type items such as groceries, soft drinks and
other similar goods.
"COUNCIL" means the Council of the Town of
Sedgewick.
"CROWN LAND" means land of the Crown in
right of Alberta that includes the bed and
shores of all permanent and naturally occurring
water bodies and watercourses.
"DAY CARE FACILITY" means a development
licensed by the Province to provide personal
care, maintenance, supervision or education,
for seven or more children at one time for more
than three but less than 24 hours in a day. This
includes day care centers, nurseries,
kindergartens, nursery schools, play schools,
and other similar uses.
Land Use Bylaw
Page 7
"DECK" means an unenclosed amenity area or
platform that may be attached to a dwelling and
is intended for the purpose of outdoor dining,
lounging and other similar accessory residential
use.
"DEVELOPMENT" means any development as
defined in the Act.
"DEVELOPMENT AUTHORITY" means a
development authority established pursuant to
the Act and may include one or more of the
following: a Designated Officer, a municipal
planning commission, an inter-municipal
planning commission, or any other person or
organization that has been authorized to
exercise development powers on behalf of the
municipality.
"DEVELOPMENT OFFICER" means a person
appointed as Development Officer pursuant to
the Land Use Bylaw.
"DEVELOPMENT PERMIT" means a
document pursuant to this Land Use Bylaw.
"DISCRETIONARY USE" means the use of
land or a building that is listed in the columns
captioned "Discretionary Uses" in all districts of
this Bylaw, and for which, subject to the
provisions of this Bylaw, a development permit
MAY be issued.
"DISTRICT" means Land Use District.
"DRIVEWAY" means a vehicle access route
on the parcel which provides access to the
driving surface.
"DRY CLEANING AND LAUNDRY
DEPOT/PLANT means a building where the
cleaning of clothing is carried on and/or used
for the purpose of receiving articles of clothing
to the cleaned elsewhere.
"DWELLING" means a complete building or
self contained portion of a building used or
designed to be used by a household,
containing independent and separate sleeping,
cooking and sanitary facilities intended as a
permanent residence and having an
independent entrance either directly from the
outside of the building or through a common
area inside the building.
"DWELLING, DUPLEX" means a building
containing two dwelling units, either one above
the other or side by side, each of which has an
independent entrance, either directly from
outside the building or through a common
vestibule. All dwelling units must adhere to the
provisions of the Alberta Safety Codes Act.
"DWELLING, FOURPLEX" means a building
containing four dwelling units each with direct
access to the outside grade, but not all the
units are required to have separate frontage
onto a public or private road. Units may have
common side and rear walls and may also be
separated by a common ceiling/floor assembly.
This shall not mean row housing dwelling or
duplex dwelling. All dwelling units must adhere
to the provisions of the Alberta Safety Codes
Act.
"DWELLING, ROW HOUSING" means a
building on a lot or lots that consist of at least
three dwelling units with each unit having direct
access to the outside grade, but shall not mean
"apartment" or "four-plex". Units are attached
at the side walls, each having frontage onto a
public or private condominium road. A row
house dwelling unit may be located on a
separate lot if the lot is registered after
construction of the row house dwelling.
Land Use Bylaw
Page 8
"DWELLING, SINGLE DETACHED" means a
residential building containing one dwelling unit
intended as a permanent residence. Single
detached dwellings must be of new
construction and feature the following criteria:
i. shall include single detached dwellings
constructed off-site;
ii. All exterior walls of the floor area must be
dimensioned at less than or equal to 3:1
length to width ratio; and
iii. All roof pitches must be a minimum of 3:12
ratio (3 feet of elevation for 12 feet of
width).
All dwelling units must adhere to the provisions
of the Alberta Safety Codes Act.
"DWELLING, TRIPLEX" means a building
containing three dwelling units each with direct
access to the outside grade, but not all the
units have separate frontage onto a public or
private road. Units may have common side
and rear walls and may also be separated by a
common ceiling/floor assembly. All dwelling
units must adhere to the provisions of the
Alberta Safety Codes Act.
"EAVELINE" means the horizontal line that
marks farthest projection of the roof overhang
beyond the wall of the building.
"ENVIRONMENTAL AUDIT" means a
comprehensive site analysis to determine:
i.
If there are any hazardous substances
above, on or below the surface of the
subject property that may pose a threat to
the environment and/or health of humans,
wildlife and/or vegetation;
ii.
If there are any breaches of federal,
provincial, and/or municipal environmental
standards;
iii.
The level of risk that a contaminated site
poses to the environment and/or health of
humans, wildlife, and/or vegetation; and
iv.
What remedial actions may be required to
reduce the level of risk posed by a
contaminated site to an acceptable level.
"ENVIRONMENTAL IMPACT ASSESSMENT"
means a comprehensive site analysis to
determine:
i.
The potential impact of the proposed
development on the site;
ii.
The potential environmental impact of the
proposed development upon adjacent
properties or land uses; and
iii.
The potential environmental impact of the
proposed development upon the future
land use potential of the property.
"FAÇADE" means the principal face of the
building on the shortest side of the lot abutting
the street or avenue.
"FARMING" means the raising or production of
crops, or animals, and includes a single
residence for the farmer, but does not include a
"Confined Feeding Operation as defined by the
Natural Resources Conservation Board.
"FARM SUPPLY STORE" means
establishments which sell their products to the
farm industry.
"FEED MILLS AND GRAIN ELEVATORS"
mean buildings in which animal feeds and grain
are stored during shipment to or from farms
and in which agricultural products may be
prepared or sold.
"FENCE" means a vertical physical barrier
constructed to prevent visual intrusions,
unauthorized access, or to provide sound
abatement.
"FLOODPLAIN" means the land adjacent to a
lake, river or stream inundated by a one in one
hundred year return flood as determined by
Alberta Environment.
Land Use Bylaw
Page 9
"FLOODPROOFING" means the rendering
safe from damage arising from a one in one
hundred year return flood, as determined by
Alberta Environment, through all or any of the
following means;
i.
The raising of the level of land to a
minimum of 0.3 metres (0.984 ft.) above
the flood level; or
ii.
The construction and use of buildings with
the lowest water entry point 0.3 (0.984 ft.)
metres above that flood level; or
iii.
Any other such means as may be
considered appropriate by the
Development Authority in consultation with
Alberta Environment.
"FLOOR AREA" means the total floor area of
every room and passageway contained in a
building but not including the floor areas of
basements, attached garages, open porches,
patios, open decks, verandas or breezeways.
"FLORIST SHOP" means a retail store
devoted to the sale of flowers, indoor plants
and arrangements thereof.
"FOOD AND/OR BEVERAGE SERVICE
FACILITY" means a building or portion thereof,
in which food and/or beverages are prepared to
be sold for consumption on the premises or for
take-out, and without limiting the generality of
the foregoing, may include such facilities as
restaurants, drive-in food establishments,
taverns, bars cocktail lounges and catering
services.
"GAMING OR GAMBLING
ESTABLISHMENT" means a building or
structure, or any portion thereof, which is used
or intended for use for the purpose of dealing,
operating, maintaining or conducting any game
played with cards, dice, or any mechanical
device for money, property or item of value.
"GARAGE" means an ancillary building or
portion of a main building, including a carport,
used or intended to be used in conjunction with
a dwelling unit principally for the private parking
or storage of motor vehicles for personal
transportation. A garage is not a "Dwelling".
"GARAGE SUITE ABOVE GRADE" means a
self-contained secondary dwelling unit located
above a rear or side detached garage.
"GAS BAR" means a retail outlet that is
limited to the sale of gasoline and related
automotive products, and may include a
"Convenience Food Store".
"GROUP CARE FACILITY" means a facility
which provides residential accommodation for
up to six persons, most or all of which are
handicapped, aged, disabled, or in need of
adult assistance and who are provided service
or supervision, excluding foster homes. All
dwelling units must adhere to the provisions of
the Alberta Safety Codes Act.
"HANDICRAFT BUSINESS" means the
production and selling of handicrafts on a
commercial basis.
"HOME OCCUPATION" means any
occupation, trade, profession or craft carried on
by an occupant of a residential building as a
use secondary to the residential use of the
building.
"HOTEL" means a building designed for the
accommodation of the traveling and
vacationing public containing guestrooms
served by a common entrance as well as
general kitchen and dining or other public
rooms.
Land Use Bylaw
Page 10
"INDUSTRY/MANUFACTURING - SMALL
SCALE" means an industry engaged in the
assembly, processing, manufacture, cleaning,
testing, repairing, storage or distribution of
various materials into a new product. The
industry may exhibit most or all of the following
characteristics:
i.
Can be developed on smaller parcels of
land;
ii.
Is suitable for industrial parks;
iii.
Most of the activities are confined to the
building;
iv.
Does not require large areas for outdoor
storage; and
v.
Does not produce emissions which are
obnoxious or hazardous.
"INSTITUTIONAL USE" means a place of
worship, hospital, private school, post
secondary education facility, park, playground,
cemetery, community hall, library or tourist
information facility.
"INTERNAL SUBDIVISION ROAD" means a
public roadway, excluding a primary highway,
secondary highway, or municipal road,
constructed solely for access, egress, and
internal circulation within a commercial,
industrial or residential development.
"LABORATORY" means the use of a building,
or part of a building, used for scientific, medical
and/or dental testing, experimentation and/or
research.
"LAGOON" means any pond, natural or
artificial, receiving raw or partially treated
sewage or waste, in which stabilization occurs
due to sunlight, air and micro-organisms.
"LANDSCAPED AREA" means an open area
of land, which is:
i.
Unoccupied by any building or structure;
ii.
Situated on ground level on a lot;
iii.
Used or intended to be used for the
growth and maintenance of grass, flowers,
shrubs, bushes, trees and other
vegetation, and for the provision of other
landscaping features including, but not
restricted to, planting strips, facilities for
outdoor recreation, ornamental ponds,
play areas, surfaced walks, and patios; but
iv.
Does not include any part of a driveway or
parking area, regardless, of surface
composition, or any roof-top terrace,
balcony, or space enclosed within a
building.
"LANDSCAPING" means to preserve or
change the natural features of a site by adding
lawns, trees, shrubs, ornamental plantings,
ornamental ponds, fencing, walks, driveways,
or other structure and materials as used in
landscape architecture.
"LANE" means a public right-of-way not
exceeding 10.0 metres (32.8 feet) in width
which provides secondary access to a lot and
which is registered at the Land Titles Office.
"LAUNDROMAT" means a self-serve clothes-
washing establishment containing one or more
washing and drying, ironing, finishing or other
incidental equipment.
"LEGAL NON CONFORMING BUILDING"
means a building:
i.
That is lawfully constructed or lawfully
under construction at the date a land use
bylaw affecting the building or the land on
which the building is situated becomes
effective; and
ii.
That on the date the land use bylaw
becomes effective does not, or when
constructed will not, comply with the land
use bylaw.
Land Use Bylaw
Page 11
"LEGAL NON CONFORMING USE" means a
lawful specific use:
i.
Being made of land or building or intended
to be made of a building lawfully under
construction at the date a land use bylaw
affecting the land or building become
effective; and
ii.
That on the date the land use bylaw
becomes effective does not, or in the case
of a building under construction, will not,
comply with the land use bylaw.
"LIGHT EQUIPMENT REPAIR/RENTAL"
means a development, use or building for the
rental and/or repair of tools, appliances,
recreational craft, office machines, furniture,
home appliances, or similar items, but does not
include the rental or repair of motor vehicles or
industrial equipment.
"LIVESTOCK AUCTION MART" means a
facility where agricultural related items
including livestock are brought.
"LOT" as defined under Part 17 of the
Municipal Government Act, means:
i.
A quarter section;
ii.
A river lot shown on an official plan, as
defined in the Surveys Act that is filed or
lodged in a land titles office;
iii.
A settlement lot shown on an official plan,
as defined in the Surveys Act that is filed
or lodged in a land titles office;
iv.
A part of a parcel 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;
and
v.
Part of a parcel of land described in a
certificate of title if the boundaries of the
part are described in the certificate of title
by reference to a plan of subdivision.
"LOT AREA" means the area contained within
the boundaries of a lot shown on a plan of
subdivision or described in the Certificate of
Title.
"LOT - CORNER" means a lot at the
intersection of two public roadways.
"LOT COVERAGE" means that percentage of
lot area which is covered by all buildings on
that lot, including a porch, veranda, covered
deck and accessory buildings, but excluding
patios.
"LOT DEPTH" means the length of a straight
line joining the middle of the front lot line with
the middle of the rear lot line. If there is no rear
lot line, lot depth shall be measured from the
middle of the front lot line to the intersection of
the two other lot lines.
"LOT LINE" means a legally defined limit of
any lot.
"MINIMUM STANDARDS" means those
minimum standards relating to lot area, floor
area, yards, landscaping design, character and
appearance of buildings, etc. for the permitted
uses of land or buildings or the discretionary
uses of land or buildings, or both, listed in this
Bylaw and, where these are not specified, as
determined by the Municipal Planning
Commission.
"MOTEL" means a building or a group of
buildings designed for the accommodation of
the traveling or vacationing public containing
guestrooms.
"MUNICIPALITY" means the Town of
Sedgewick.
"MUNICIPAL ROAD" means a public roadway
subject to the direction, control and
management of the Town but not including an
internal subdivision road.
"MUNICIPAL SHOP AND STORAGE YARD"
means a facility used by the municipality for the
storage of materials used in fulfilling its various
functions and the housing and repair of its
equipment,
Land Use Bylaw
Page 12
"MUSEUM" means a use of a building, or part
of a building for the preservation and
presentation of works of art, or cultural,
historical, or scientific objects and information
and open to the recreation and education of the
public.
"NURSING HOME" means an institution or a
distinct part of an institution which is licensed
and approved to provide health care and social
support for 24 or more consecutive hours for 2
or more patients who require such care on a
daily basis and who are not related to the
governing authority or its members by
marriage, blood or adoption.
"OFFICE BUILDING" means a facility
providing for the administration of business or
government, or the provision of professional
services.
"OILFIELD SUPPORT SERVICES" means a
development that provides cleaning, servicing,
repairing or testing of materials, goods and
equipment normally associated with the oil and
gas industry and may include the storage of
shipping of such materials, goods and
equipment, including petrochemical products
and supplies, providing such storage does not
exceed 5,000 cubic metres (1,100,000 imperial
gallons) for all organic or inorganic chemicals
and 10,000 cubic metres (2,200,000 imperial
gallons) for all petroleum products and that
such storage is in accordance with all
applicable provincial and federal statutes. This
definition applies to oil and gas industry support
operations and includes, but is not limited to,
seismic and surveying, well servicing, oilfield
haulers, pipeline contractors and welding
operations.
"OPEN OR OUTDOOR STORAGE AREA"
means an area of land used for outdoor storage
purposes.
"OTHER RELATED IMPROVEMENTS" means
utilities (power, gas, well or septic system)
and/or mature shelterbelts.
"OUTDOOR DISPLAY" means land that is
used to show, exhibit or make visible products,
good, or equipment for the purpose of sale or
promotion.
"PARCEL" means the aggregate of one or
more areas of land described in a title or
described in a certificate of title by reference to
a plan filed in a land titles office.
"PARCEL COVERAGE" means the area
covered by buildings, and without limiting the
foregoing, includes carports, covered patios
and covered sundecks.
"PARK" means a development of public land
specifically designed or reserved for the
general public for active or passive recreational
use and includes all natural and manmade
landscaping, facilities, playing fields, buildings
and other structures that are consistent with the
general purposes of public parkland, whether or
not such recreational facilities are publicly
operated or operated by other organizations
pursuant to arrangements with the public
authority owning the park. Typical uses include
tot lots, band shells, picnic grounds, pedestrian
trails, landscaped buffers, playgrounds and
water features.
Land Use Bylaw
Page 13
"PARKING LOT" means an area of land
providing for the parking of motor vehicles.
When identified as a specific use in a land use
district, this use is contemplated as an
exclusive use of a land parcel. Otherwise,
parking lots are to be developed in association
with other permitted and discretionary uses and
in accordance with the regulations found in
Section 3 of this Bylaw.
"PARKING STALL" means that portion of a
parking lot that accommodates a parked
vehicle.
"PERMITTED USE" means the use of land or
of a building that is listed in the column
captioned "Permitted Uses" in Land Use
Districts appearing in this Bylaw.
"PERSONAL SERVICE SHOP" means a use
of a building or part of a building in which
services are provided and administered to the
individual and personal needs of persons, and
without limiting the generality of the foregoing,
includes a barber shop, hairdressing
establishment, beautician, beauty parlor, shoe
repair and shoe shining shop, formal rental
shop, tailor shop, bake shops, depots for
collection and delivery of dry cleaning and
laundry, self-serve laundry establishments and
pet grooming facilities. The sale of
merchandise shall be permitted as an
accessory use to the personal service provided.
"PHARMACY" means a retail store that
dispenses prescription drugs and sells, among
other things, non-prescription medicines, health
and beauty products, and associated sundry
items.
"PLANTING STRIP" means a landscaped area
located immediately adjacent to a lot line or
portion thereof, on which is situated one or
more of the following screening devices:
i. A continuous row of trees;
ii. A continuous hedgerow of evergreens or
shrubs;
iii. A berm;
iv. A wall;
v. An opaque fence; and
vi. Arranged in a way as to form a dense or
opaque screen.
"POINT OF SALE ADVERTISING" means
material, which relates to the name of the
occupier or firm, the nature of the business
conducted and/or goods produced, and/or the
main product sold on the premises to which an
advertisement is attached.
"PRIMARY HIGHWAY" means a highway or
proposed highway designated as a primary
highway under the Public Highways
Development Act.
"PROPANE TRANSFER FACILITY" means a
facility at a fixed location having not more than
one storage container and such container shall
not have an aggregate propane storage
capacity in excess of 50,000 litres and from
which not retail sale of propane fuel to the
public is or may be affected.
"PUBLIC ASSEMBLY" means the use of a
building or land for religious organizations.
"PUBLIC ROADWAY" means a highway, local
road, service road, street, avenue or lane which
is registered as a public right-of-way in a land
titles office.
"PUBLIC USE" means a building, structure or
lot used for public services by the Town except
sanitary landfill sites and sewage lagoons, or
by any local board or agency of the Town, or by
any department, commission or agency of the
Province of Alberta or Government of Canada.
"REAL PROPERTY REPORT" means a legal
document prepared by an Alberta Land
Surveyor that illustrates the location of all
relevant visible public and private
improvements relative to property boundaries.
It is in the form of a plan or illustration of the
various physical features of the property
Land Use Bylaw
Page 14
including a written statement detailing the
surveyors opinions or concerns. It is relied
upon by the municipality as an accurate
representation of the improvements to property.
"RECREATIONAL AMUSEMENT PARK"
means a commercial recreation facility with or
without permanent buildings or structures
where rides, games of chance, entertainment,
exhibitions, and the sale of food, beverages,
toys and souvenirs constitute the main use.
"RECREATION FACILITY" means
development that provides facilities for sports
and active recreation. Typical facilities would
include athletic clubs, bicycle/pedestrian trails,
billiard of pool halls, bowling alleys, campsites,
driving ranges, golf courses, health and fitness
clubs, curling, indoor golf facilities, indoor
soccer facilities, roller-skating and hockey rinks,
rifle and pistol ranges, sports fields, tennis
courts and swimming pools. The intended
application is for both private and public
facilities.
"RECREATION VEHICLE" means a portable
structure designed and built to be carried on a
vehicle or to be transported on its own wheels
and which is intended to provide temporary
living accommodation for travel and recreation
purposes. It does not need any special license
or permit to travel on the public road systems
other than a usual trailer or vehicle license, and
without limiting the generality of the foregoing,
includes such vehicles as a motor home, a
camper, a travel trailer or a tent trailer. It does
not include a portable industrial trailer, mobile
home, manufactured home, or any vehicle or
trailer over eight feet in width while being
transported.
"RECYCLING DEPOT" means a building or
land in which is used material separated and
processed prior to shipment for repeated use or
to others who will use those materials to
manufacture new products, and may include
the handling of hazardous materials.
"REGISTERED OWNER" means
i. In the case of land owned by the Crown in
right of Alberta or the Crown in right of
Canada, the Minister of the Crown having
the administration of the land; or
ii. In the case of other land,
iii. The purchaser of the fee simple estate in
the land under an agreement for sale that is
the subject of a caveat registered against
the certificate of title in the land and any
assignee of the purchasers interest that is
the subject of a caveat registered against
the certificate of title or
iv. In the absence of a person described
above, the person registered under the
Land Titles Act as the owner of the fee
simple estate in the land.
"RESEARCH FACILITY" means a building or
portion thereof, or group of buildings in which
facilities for scientific research, investigation,
and testing are located.
"RESTAURANT" means a food establishment
where food is sold or distributed in state ready
for immediate consumption and that has:
seating or standing room designed for food
consumption by patrons; or parking space
under the control of the owner provided so that
a patron may consume food in a vehicle, and
includes a canteen, cafeteria, dining room or
similar facility provided for employees, staff or
students.
"RESTAURANT - DRIVETHRU" means a
place in which food is prepared and sold to the
general public and consumed on the premises
inside or outside of an automobile and includes
an exterior method of ordering and picking up
food.
"RESTAURANT - TAKEOUT/DELIVERY"
means an establishment primarily engaged in
primarily specialty foods in bulk and in providing
customers with a takeout and/or delivery
service, which may or may not be consumed on
or off the premises.
Land Use Bylaw
Page 15
"RETAIL STORE" means a development used
for the retail sale of consumer goods, from
within an enclosed building.
"RETIREMENT HOME" means a place of
residence for persons in or entering retirement
where an independent lifestyle is maintained
with little to no assistance required and that
may include additional services such as but not
limited to entertainment rooms, kitchens,
libraries, and administrative offices.
"SCHOOL" means a development that is
publicly supported and involves public
assembly for education, training, or instruction
of students.
"SECTIONAL HOME" means a residential unit
that may be constructed with a heavy transport
chassis that allows for permanent or temporary
attachment of a hitch and wheel assembly to
enable the relocation of the dwelling. A
sectional home may be a single structure
(single-wide) or two parts which are put
together to comprise a complete dwelling
(double-wide). Sectional Homes shall feature
the following criteria:
i.
minimum roof pitch of 5 cm (2 inches) of
vertical rise for every 30.5 cm (12 inches);
and
ii. a minimum floor area length to width ratio
of 3:1.
A sectional home does not include a single
detached dwelling.
"SECTIONAL HOME COURT" means a parcel
comprehensively designed, developed,
operated and maintained to provide sites and
facilities for the placement and occupancy of
sectional homes on either a short or a long-
term basis.
"SECTIONAL HOME SUBDIVISION" means
privately owned parcels of land for the purpose
of locating sectional homes on a permanent
basis.
"SEED CLEANING PLANT" means a building
used for the storage and preparation of seed
used in agriculture.
"SERVICED" means that approved
development uses municipal water and sewer
services, including treatment, where such
services have been installed and are operating
in accordance with municipal requirements.
"SETBACK" means the shortest horizontal
distance required between a property line of a
lot and the nearest part of any building,
structure, development, excavation or use on
the lot.
"SHOPPING CENTRE" means one or more
buildings, or part thereof, containing a group of
separate permitted (or approved discretionary)
commercial uses which is maintained as a
single comprehensive unit and located on a
single lot, such lot being held and maintained
under one ownership or under condominium
ownership.
"SIGHT TRIANGLE" means an area at the
intersection of roadways or roadways and
railways in which all buildings, fences,
vegetation and finished ground elevations shall
be less than one (1) metre (3.28 feet) in height
above the average elevation of the
road/lane/rail, in order that vehicle operators
may see approaching vehicles in time to avoid
collision.
"SIGN" means an object, structure or device
used for the purpose of identification or
advertising or to call attention to any person,
matter, thing or event or to give direction.
"SIGN - AWNING" means a sign attached to a
non-retractable structure completely enclosed
overhead, which is intended to be used for
business identification and protection against
the weather and which is not supported
independently of any other building structure.
Land Use Bylaw
Page 16
"SIGN - BILLBOARD" means a sign structure
designed and intended to provide a leaseable
advertising copy area of 18.0 square metres
(194.4 square ft.) where the copy can be
periodically replaced, typically by the use of
pre-printed copy pasted or otherwise mounted
onto the copy area.
"SIGN - FASCIA" means a sign placed flat
and parallel to the face of the building so that
no part projects more than 0.3 m (0.984 ft.)
from the building.
"SIGN - FREESTANDING" means a sign on a
standard or column permanently attached to
the ground and which is not connected in any
way to any building or other structure.
"SIGN - PORTABLE" means any sign or
advertising device that can be carried or
transported from one site to another, which
does not rely on a building or a fixed concrete
foundation for its structural support and
includes signs, temporary signs, inflatable
signs, or devices or banners, whether tethered
to a building or no, vehicles placed in a location
for advertising purposes, but does not include
an A-Board or real estate sign or signage
permanently attached and forming part of motor
vehicles use in the day to day conduct of
business.
"SIGN - PROJECTING" means a sign which
projects from a structure or a building face.
"SITE" means a parcel, lot or group of lots
used for or proposed to be used for the
undertaking of a development.
"STORAGE - INDOOR" means a self-
contained building or group of buildings
available for the storage of goods. This use
includes mini-storage, private storage facilities,
and warehouse.
"STORAGE - OUTDOOR" means a site or a
portion of a site designed for the storage of
goods, materials and/or equipment, or the
display and sale of goods and materials,
including vehicles for hire and sale, located
outside permanent buildings or structures on
the site. This use includes lumber storage and
lumber yard.
"STRUCTURE" means anything constructed or
erected, the use of which requires location on
the ground or attachment to something located
on the ground not including pavement, curbs,
walks, open air surfaces and movable vehicles.
"SUBDIVISION" means the division of a parcel
of land into one or more smaller parcels by a
plan of subdivision or other instrument.
"SUBDIVISION AUTHORITY", as established
pursuant the Act, means that person(s) or body
defined by the Subdivision Authority Bylaw of
the Town of Sedgewick.
"SUBDIVISION AND DEVELOPMENT
APPEAL BOARD" as established pursuant to
the Act, means the Board defined by the
Subdivision and Development Appeal Board
Bylaw of the Town of Sedgewick, established to
hear and decide on development and
subdivision appeals.
"TANKER TRUCK WASHING FACILITY"
means a commercial building for cleaning and
inspecting the tanks of tanker trucks.
"TAXI/BUS DEPOT" means a use, site or
building used as a dispatch office for taxis,
limousines or buses and may include an area,
site or location intended for the parking of taxis,
limousines or buses or for loading and
unloading of passengers.
"TEMPORARY" means such time limit as set
by the Development Authority.
"TEMPORARY MOBILE COMMERCIAL
SALES" means the sale of goods from a
vehicle or stand for a period not exceeding 180
days per year in the Central Commercial and
Light Industrial Business Districts.
Land Use Bylaw
Page 17
"TEMPORARY STRUCTURE" means a
structure without any foundation or footings and
which is removed when the designated time,
activity or use for which the temporary structure
was erected has ceased.
"THEATRE" means a building, or part thereof,
used for the presentation of performing arts.
"THEATRE - MOVIE" means a building, or
part thereof, used for the showing or viewing of
motion pictures for a fee.
"TOP SOIL" means that depth of soil
containing the major portion of organic matter,
generally the depth that the land is tilled.
"TRADE/COMMERCIAL SCHOOL" means a
building, structure or land that provides for
technical instruction to students for profit.
"TRANSPORT/TRUCK OPERATION" means
a development involving the storing, parking,
servicing and dispatching of trucks. This use
may also involve the transfer of goods primarily
involving loading and unloading of freight
carrying trucks.
"TRUCK DEPOT" means any building, or land
or portion thereof, in which or upon a business,
service or industry involving the maintenance,
servicing, storage or repair of commercial
vehicles and/or transport trailers is conducted
or rendered. This includes the dispensing of
motor fuel or petroleum products directly into
motor vehicles, the sale of accessories or
equipment for trucks and similar commercial
vehicles.
"TRUCK AND MOBILE HOME SALES AND
RENTAL" means a development used for the
retail sale or rental of new or used trucks
exceeding 4,000 kg (8,800 lbs.), motor homes,
and mobile homes together with incidental
maintenance services and the sale of parts and
accessories.
"TRUCK STOP" means a use that combines a
"CONVENIENCE FOOD STORE", "EATING
ESTABLISHMENT", "GAS BAR", "TRUCK
DEPOT", and "AUTOMOTIVE SERVICE
STATION" in order to cater both to the traveling
public and commercial truck traffic.
"UNDERGROUND WASTE STORAGE
TANKS" means tanks used for the temporary
storage of wastewater, sludge and solids.
"UNDERSIZED LOT" means a lot that does
not meet the minimum length, width or area
requirements of the district in which it is
located.
"URBAN RESERVE" means lands presently
within the Town, which are intended for future
development in order to accommodate the
Town's long-term industrial or residential land
requirements.
"USE" means a building or an area of land and
the function and activities therein or thereon.
"UTILITIES" means the right of way and/or use
of the land or buildings for one or more of the
following:
i. Telecommunication systems;
ii. Waterworks systems;
iii. Irrigation systems;
iv. Systems for the distribution of gas;
v. Systems for the distribution of electric
power;
vi. Storm water management systems;
vii. Heating systems; and
viii. Sewage systems.
"UTILITY BUILDING" or "UTILITY USE"
means a building or land, or portion thereof, as
defined in the Act in which the proprietor of the
public utility maintains its office or offices and/or
maintains or houses any equipment used in
connection with any public utility building.
"VEHICLE WASH" means a use, building or
structure where facilities are specifically used or
intended to be used for washing vehicles either
Land Use Bylaw
Page 18
by production line methods employing
mechanical devices or by hand.
"VETERINARY CLINIC" means the use of land
and building for the medical care and treatment
of animals.
"WATER BODY" means:
i. The bed and shore of a lake, lagoon,
swamp, marsh, or any other natural body
of water; or
ii. Reservoir or other man-made surface
feature, whether it contains water
continuously or intermittently.
"WATERCOURSE" means:
i. The bed and shore of a river, stream,
creek or other natural body of water, or
ii. A canal ditch or other man-made surface
feature whether it contains water
continuously or intermittently.
"YARD" means a part of a lot upon or over
which no building or structure other than a
boundary fence is erected, except for
specifically permitted accessory buildings.
"YARD - FRONT" means a yard extending
across the full width of a lot and situated
between the front lot line and the nearest
exterior wall of the principal building. The
minimum front yard depth is the shortest
horizontal distance permitted between the front
lot line of such lot and the nearest part of the
principal building.
"YARD - INTERIOR SIDE" means a side yard
other than an exterior side yard.
"YARD - REAR" means a yard extending
across the full width of a lot and situated
between the rear lot line and the nearest
exterior wall of the principal building. The
minimum rear yard is the shortest horizontal
distance permitted between the rear lot line of
such lot and the nearest part of the principal
building.
"YARD - SIDE" means the 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. The
minimum side yard is the shortest horizontal
distance permitted between the side lot line of
such lot and the nearest part of the principal
building.
"ZERO LOT LINE PLACEMENT" means the
placement of a building on a lot in such a
manner that the building abuts one or more of
the lot lines of the lot.
Land Use Bylaw
Page 19
THREE: Development Authority
Section 10: Designated Officer
10.1
The office of designated officer is hereby established and such office shall be filled by a
person or persons to be appointed by resolution of Council.
10.2
The Designated Officer shall keep and maintain for the inspection of the public during all
reasonable hours, a copy of this Bylaw and all amendments thereto, and keep a register of all
applications for development and subsequent decisions.
10.3
For the purposes of this Bylaw the Designated Officer serving as the Development Authority
shall be titled as "Development Officer".
Section 11: Municipal Planning Commission
11.1
The Municipal Planning Commission established by Bylaw shall perform such duties as
specified in Part 4 of this Bylaw as well as the Municipal Government Act, Subdivision and
Development Regulation.
Section 12: Subdivision and Development Appeal Board
12.1
The Subdivision and Development Appeal Board (SDAB) established by Council shall
perform such duties as are specified in the Act.
12.2
At the appeal hearing the SDAB shall hear all those persons that it is required to hear under
the Act.
12.3
At the hearing of the appeal, should the SDAB desire legal or technical opinions, it may
adjourn the hearing pending receipt of such information, opinions or other assistance the
Subdivision and Development Appeal Board as established by this Bylaw.
12.4
The Chairperson shall be responsible with respect to all things required to be carried out by
the Board under the Act to see that they are carried out in accordance with the provisions of
the Act, and;
12.4.1 Is empowered to rule that evidence presented is irrelevant to the matter in issue and
to direct the members to disregard the evidence;
12.4.2 May limit a submission if he determines it repetitious; and
12.4.3 When a hearing is adjourned, but the time and place for the continuation of the
hearing is not fixed, shall announce that notice of continuation of the meeting will be
sent to those persons leaving their name and address with the Secretary. Thereafter,
only those persons leaving their name and address shall be entitled to notice of the
continuation of the hearing.
Land Use Bylaw
Page 20
12.5
After hearing all submissions, the SDAB may deliberate and reach its decision in private. In
arriving at is decision the majority vote of those members present shall constitute the decision
of the SDAB. If the vote results in a tie, the appeal is lost.
12.6
The Secretary or Chairperson may make a verbal announcement of the SDAB's decision at
the conclusion of the hearing of an appeal, but the verbal decision is neither final or binding on
the SDAB, and no rights are conferred upon any party by the SDAB's verbal decision until
written notice of the decision has been given in accordance with the Act.
12.7
The SDAB shall give its decision and reasons in accordance with the Act to the applicant, the
appellant, and those affected persons who gave their name and address to the Secretary
during the hearing.
12.8
The Secretary shall, under the direction of the SDAB:
12.8.1 Notify members of the meetings of the SDAB;
12.8.2 Keep available for public inspection before the commencement of the public hearing
all relevant documents and materials respecting an appeal under the Act, including
the application for the development permit or subdivision, and the appeal therefore, or
the order of a Development Officer under Section 645 of the Act, as the case may be;
12.8.3 Make and keep a written record of the proceedings of the SDAB which shall include: a
summary of the evidence presented at the hearing; the decision of the development
approving authority; the notice of Appeal and Hearing of the Appeal; the SDAB's
decision, including reasons, for each appeal.
12.8.4 Keep a list of names and addresses of persons who leave their names and addresses
with the Secretary; and
12.8.5 Keep a record of all business coming before the SDAB and after the adoption of the
minutes of each meeting of the SDAB, transmit a copy of the minutes to Council.
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FOUR: Development Permits
Section 13: Control of Development
13.1
No development other than that designated in Section 15 shall be undertaken within the
Municipality unless an application for it has been approved and a development permit has
been issued.
Section 14: Fees
14.1
The fees to be charged by the Town on all applications and other matters arising under this
Bylaw are set forth in Schedule B. Council may at anytime by resolution revise any fee shown
in Schedule B or specify a fee for any other matter arising under this Bylaw.
Section 15: When a Development Permit is Not Required
15.1
A Development Permit is not required for the following developments provided that the
proposed development complies with all applicable regulations of this Bylaw:
15.1.1 Altering, maintaining or repairing any building, provided that the work does not include
structural alterations or does not result in an increase in the number of dwelling units;
15.1.2 The completion of any development which has lawfully commenced before the
passage of the Land Use Bylaw or any amendment thereof, provided that the
development is completed in accordance with the terms of any permit granted in
respect of it, and provided that it has commenced within 12 months of the date of
approval;
15.1.3 The use of any such development as is referred to in subsection (b) for the purpose
for which the development was commenced;
15.1.4 The construction or maintenance of gates, fences, walls or other means of enclosure
less than 2.0 m (6.6 ft.) in height in side and rear yards;
15.1.5 The temporary erection, installation or use of machinery, structures or buildings such
as a construction trailer, that is incidental to the erection or alteration of a permanent
development for which a permit has been issued under this Bylaw. This does not
include a real estate sales office, show home or similar facility;
15.1.6 The temporary use of a parcel not exceeding six months per year for the sole purpose
of mobile commercial sales, providing a business license is obtained from the
municipality and the location of the business is to the satisfaction of the Development
Officer;
15.1.7 The maintenance and repair of public works, services or utilities carried out by or on
behalf of federal, provincial or municipal authorities;
15.1.8 Development specified in Section 618 of the Municipal Government Act;
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15.1.9 Any development carried out by or on behalf of the municipality provided that such
development complies with all applicable provisions of this Land Use Bylaw;
15.1.10 The construction or installation of an accessory building that does not exceed 9.5 m2
(102.6 ft²) in area and 2.5 m (8.2 ft.) in height, provided that the structure is portable
and not fixed on a permanent foundation or concrete pad.
15.1.11 Any development carried out by or on behalf of the Crown but not including that
carried out by or on behalf of a Crown Corporation;
15.1.12 The erection of an on-site sign offering for sale, lease or rent any land or building
pursuant to the regulations contained in this Bylaw;
15.1.13 The erection of one unilluminated sign for non-residential uses of the following nature
and size for use within a building or on a parcel, provided such signs do not resemble
traffic signs: a facia sign for the purpose of identification, direction and warning not
exceeding 0.2 m² (2.2 ft²); a facia sign relating to a person, partnership or company
carrying on a profession, business or trade not exceeding 0.3 m² (3.2 ft²); and a facia
or freestanding sign relating to a religious, educational, cultural, recreational or similar
institution, or to an apartment not exceeding 1.0 m² (10.8 ft²);
15.1.14 Erection of towers, flagpoles and other poles not exceeding 4.5 m (14.8 ft.) in height
from grade in any Residential District;
15.1.15 Landscaping where the proposed grades will not adversely affect the subject or
adjacent properties, except where a Development Permit allows for such landscaping;
and
15.1.16 Stripping, site grading or excavation that is part of a development for which a
Development Permit has been issued.
Section 16: Non-Conforming Buildings and Uses
16.1
Developments which are considered to be a non-conforming building or use shall be dealt with
as provided for under the Municipal Government Act.
Section 17: Application for Development Permit
17.1
A Development Permit application shall be made to the Development Officer on the
prescribed form and shall be signed by the applicant or his agent.
17.2
Each application for a development permit shall be accompanied by a fee as established by
Section 14 of this Bylaw.
17.3
In addition to the completed application form, the following are required:
17.3.1 Duplicate site plans at a scale of 1:100, unless otherwise acceptable to the
Development Officer, showing:
(a) North arrow;
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(b) Scale of plan;
(c) Legal description of property;
(d) Municipal address;
(e) Lot lines shown with dimensions;
(f) Proposed front, side and rear yards shown with dimensions;
(g) Location of existing and proposed municipal and private local improvements,
principal building and other structures including accessory building, garages,
carports, parking spaces, fences, driveways, paved areas, exterior lighting and
major landscaped areas including buffering and screening areas where provided;
(h) The grades of adjacent streets, lanes and sewers servicing the property;
(i) Development density, site coverage calculations, height by metres and number of
storeys according to the definitions of this Bylaw
(j) Dimension layout of existing and proposed parking areas, entrances and exits
abutting roads shown and labelled;
(k) Site topography, drainage patterns, grades and special conditions; and
(l) Location of all registered utility easements and rights-of-way.
17.3.2 A copy of the Certificate of Title indicating ownership.
17.4
In addition, the Development Officer may require any of the following:
17.4.1 Photographic prints or slides showing the site in its existing state;
17.4.2 A Plan of Survey prepared by an Alberta Land Surveyor showing the site to be
developed;
17.4.3 A geotechnical or floodplain study prepared by a qualified engineer recognized by
APEGGA if in the opinion of the Development Officer the site is potentially hazardous
or unstable;
17.4.4 A reclamation plan for aggregate extraction or other major surface disturbance;
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17.4.5 A Phase 1 Environmental Site Assessment, conducted according to Canadian
Standards Association (CSA) guidelines, to determine potential contamination and
mitigation;
17.4.6 An Environmental Impact Review prepared by a qualified professional if the proposed
development may, in the opinion of the Development Officer, result in potentially
significant environmental effects;
17.4.7 Detailed studies regarding the potential impact and approach to dealing with traffic,
utilities and storm drainage prepared by a qualified engineer or engineering
technologist recognized by APEGGA;
17.4.8 Elevations of any signs proposed for the development;
17.4.9 A letter of security and/or performance bond of up to $5,000 to ensure completion of
the development; and
17.4.10 Such other information that is deemed necessary by the Development Officer and/or
Municipal Planning Commission.
17.5
The Development Officer may deal with an application without all of the required information if,
in the opinion of the Development Officer, a decision can be properly made on the application
without that information.
Section 18: Decision
18.1
The Development Officer and/or Municipal Planning Commission may issue a development
permit with any condition deemed necessary to ensure that the development complies with
the Municipal Government Act, this bylaw and any or all statutory plans.
18.2
In making a decision on a Development Permit application for a Permitted Use, the
Development Officer:
18.2.1 Shall approve, with or without conditions, the application if the proposed development
conforms with this Bylaw; and
18.2.2 May require security from the applicant to secure performance of any of the
conditions of a development permit; and
18.2.3 May require as a condition of issuing the development permit, that the applicant enter
into an agreement with Council to construct or pay for the construction of public
roadways, pedestrian walkways, parking and loading facilities, and any off-site levy or
redevelopment levy imposed by Bylaw. To ensure compliance with the conditions in
the agreement, the Town may register a caveat against the said lands in favour of the
Town; or
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18.2.4 Refer to the Municipal Planning Commission those applications for development
specified in the list of permitted uses, but which in the opinion of the Development
Officer, should be directed to the Municipal Planning Commission; or
18.2.5 Shall refuse the application if the proposed development does not conform to this
Bylaw.
18.3
In making a decision on a Development Permit application for a Discretionary Use, the
Municipal Planning Commission:
18.3.1 May approve the application if it meets the requirements of this Bylaw, with or without
conditions, based on the merits of the application including any approved statutory
plan or approved policy affecting the site; or,
18.3.2 May refuse the application even though it meets the requirements of this Bylaw; or,
18.3.3 Shall refuse the application if the proposed development does not conform to this
Bylaw.
18.4
In reviewing a development permit application for a Discretionary Use, the Municipal Planning
Commission shall consider:
18.4.1 The circumstances and merits of the application, including but not limited to:
(a) The impact on properties in the vicinity of such nuisance factors as smoke,
airborne emissions, odours and noise;
(b) The design, character and appearance of the proposed development and in
particular whether it is compatible with the surrounding properties; and,
(c) The servicing requirements for the proposed development.
(d) The purpose and intent of any statutory plan adopted by the Town; and,
(e) The purpose and intent of any non-statutory plan or pertinent policy adopted by
the Town.
18.5
Notwithstanding any provisions or requirements of this Bylaw, the Municipal Planning
Commission may establish a more stringent standard for a Discretionary Use when the
Municipal Planning Commission deems it necessary to do so.
18.6
The Municipal Planning Commission shall refuse a development permit for a use or
development that is not listed as a Permitted or Discretionary Use.
18.7
Only one development permit application shall be allowed for any one use on a site at any
one time.
18.8
An application for a development permit shall be deemed to be refused when a decision is not
made by the Development Authority within forty (40) days after receipt of the application by
the Development Officer, unless an agreement to extend the forty (40) day period is
established between the applicant(s) and the Development Officer and/or Municipal Planning
Commission.
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Section 19: Temporary Permits
19.1
A development permit may be issued on a temporary basis and the Development Officer
and/or Municipal Planning Commission may specify the length of time that the permit remains
in effect.
19.2
Where a temporary permit is issued, the Development Officer and/or Municipal Planning
Commission shall:
19.2.1 Require that the use be stopped or the temporary development removed once the
permit expires;
19.2.2 Impose a condition that the Town is not liable for any costs incurred in removing the
development;
19.2.3 The Development Officer and/or Municipal Planning Commission may require that the
applicant enter into an agreement with the Town guaranteeing the removal of the
temporary development when the intended use is changed or discontinued. The
agreement may require the applicant to post a security guaranteeing the removal of
the development;
19.2.4 Upon expiry of a temporary development permit, a new application is required. Such
application shall be considered as a first application and the Development Officer
and/or Municipal Planning Commission is not obliged to approve it on the basis that a
previous permit was issued.
Section 20: Variance Authority
20.1
The Municipal Planning Commission may allow a variance of any standard prescribed in this
bylaw provided the variance complies with the requirements of the Alberta Building Code, and
the variance does not unduly affect the neighbourhood which includes variances for non-
conforming buildings.
20.2
In considering a variance the Municipal Planning Commission shall have regard to the
purpose and intent of the district and the nature of developments on adjacent properties.
20.3 If a variance is granted, the Municipal Planning Commission shall specify its nature in the
development permit approval.
Section 21: Notice of a Proposed Development
21.1
The Development Officer may refer a development permit application to any external agency
for comment and advice.
21.2
On receipt of a complete application for a development permit for a development listed as a
Discretionary Use or a development permit that requires a variance, the Development Officer
may send a written notice to adjacent property owners indicating the location and nature of the
proposed development, and ask for comment.
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21.3
After 30 days from the date of referral to any external agency, the Development Officer and/or
Municipal Planning Commission may deal with the application whether or not comments have
been provided.
Section 22: Notice and Validity of Decision
22.1
A decision of the Development Officer and/or Municipal Planning Commission on an
application for a development permit shall be given in writing and sent by regular mail to the
applicant.
22.2
Where a development permit application is refused, the reason(s) for the refusal shall be
stated in the decision letter.
22.3
When a development permit is approved, the Development Officer shall publicize a notice of
decision in any or all of the forms as described as follows:
22.3.1 Mail a notice of the decision to all persons whose use, enjoyment or value of the
property may, in the opinion of the Development Officer, be affected; and/or
22.3.2 Post a notice of the decision conspicuously on the property for which the application
has been made; and/or
22.3.3 Publish in a newspaper circulating in the municipality a notice of the decision.
22.4
A permit does not come into effect until 14 days after the date the approval is posted or
published in the newspaper. If an appeal is lodged with the SDAB, no development shall be
commenced until the appeal is finally determined and the issuance of the development permit
is upheld.
22.5
When a development permit is approved after granting a variance, the Development Officer
shall send a notice by regular mail to adjacent landowners advising them of the variance and
the right of appeal.
22.6
A development permit issued is not valid until all the conditions of the permit, except those of
a continuing nature, have been met and no notice of appeal has been filed with the
Subdivision and Development Appeal Board within the appeal period.
22.7
If the development authorized by a permit is not commenced within twelve (12) months from
the date of its issue, or carried out with reasonable diligence, the permit is deemed to be void,
unless an extension to this period has previously been granted by the Development authority.
The maximum extension period shall be one year.
22.8
If an application for a development permit has been refused, by the Development Officer,
Municipal Planning Commission or by a decision of the Subdivision and Development Appeal
Board, another application for a permit may not be submitted on the same property, for the
same or similar use of the land, by the same or any other applicant, for six (6) months after
the date of the previous refusal or appeal decision.
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Section 23: Cancellation
23.1
The Municipal Planning Commission and/or Development Officer may cancel a development
permit if: the permit was issued in error; or the permit was issued on the basis of incorrect
information.
Section 24: Appealing a Decision
24.1
The applicant for a development permit may appeal to the Board if the Development Officer
and/or Municipal Planning Commission:
24.1.1 Refuses or fails to make a decision on a development permit within 40 days of receipt
of a completed application; or
24.1.2 Issues a development permit subject to conditions.
24.2
In addition to the applicant, any person affected by a development permit or the decision on it,
may appeal to the Board.
24.3
Notwithstanding 24.1 and 24.2 there is no appeal in respect of the issuance of a development
permit for a Permitted Use unless the provisions of this Bylaw are relaxed, varied, or
misinterpreted.
24.4
An appeal by an applicant must be commenced within 14 days of the notification of the
decision or when the 40 day period or any time extension expires. An appeal by any other
affected person must be made within 14 days of the notice of the issuance of the permit was
given.
24.5
A decision on a development application within a Direct Control District may be appealed only
if the Development Officer and/or Municipal Planning Commission did not follow the directions
of Council. If the Board finds that the Development Officer and/or Municipal Planning
Commission did not follow Council's directions, it may, in accordance with Council's directions,
substitute its decision for that of the Development Officer and/or Municipal Planning
Commission.
Section 25: The Appeal Process
25.1
The Subdivision and Development Appeal Board shall consider and make decisions on
appeals pursuant to the provisions of the Municipal Government Act.
25.2
If a notice of appeal of a decision on a development permit application is served on the
Secretary of the Subdivision and Development Appeal Board, the permit shall not be effective
until:
25.2.1 The decision to approve the permit is upheld by the Subdivision and Development
Appeal Board; or,
25.2.2 The Secretary of the Subdivision and Development Appeal Board receives written
notice from the appellant withdrawing the appeal.
25.3
If a decision to approve a development permit is reversed by the Board, the development
permit shall be null and void.
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25.4
If a decision to refuse a development permit application is reversed by the Board, the Board
shall direct the Development Officer to issue a development permit in accordance with its
decision.
25.5
If a decision to approve a development permit application is varied by the Board, the Board
shall direct the Development Officer to issue a development permit in accordance with its
decision.
25.6
The decision of the Board is binding except on a question of jurisdiction or law, in which case
the appellant may appeal to the Court of Appeal as provided in the Act.
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FIVE: Amending the Bylaw
Section 26: Bylaw Amendments
26.1
Town Council may amend this Bylaw pursuant to the provisions of the Municipal Government
Act.
26.2
Any person may apply to amend this Bylaw pursuant to the provisions of the Municipal
Government Act and the requirements of the Land Use Bylaw.
Section 27: Contents of an Amendment Application
27.1
An application to amend this Bylaw shall be made to the Town on the prescribed form, and
shall be signed by the applicant or his agent authorized in writing. The following information
and documents will accompany the application:
27.2
A written statement of the reason for the request to amend the Bylaw including a statement
describing the implications of the amendment;
27.2.1 The required application fee.
27.2.2 If the amendment involves the rezoning of land to a different land use district, the
following is also required:
(a) A copy of the current Certificate of Title for the lands affected, or any other
documentation satisfactory to the Development Authority verifying that the
applicant has a legal interest in the land;
(b) If the applicant is an agent of the landowner, a letter from the landowner verifying
the agent's authority to make the application;
(c) Permission for right of entry by the Development Officer or a designated officer of
the Town; and
(d) A properly dimensioned map indicating the affected site and its relationship to
existing land uses on adjacent properties;
27.2.3 Such additional information as the Development Officer may require to properly
evaluate and to make recommendations to Council concerning the proposed
amendment.
27.3
Council may require, prior to considering a proposed amendment to this Bylaw, that a
developer prepare an Area Structure Plan in accordance with the Municipal Government Act
or an Outline Plan in accordance with the Municipal Development Plan.
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Section 28: The Amendment Process
28.1
The amendment application may be referred by the Development Officer to: any external
agency for comment and advice; and Council for first reading and to establish a date for a
public hearing to be held prior to second reading.
28.2
In accordance with the Municipal Government Act, and after the date for a public hearing has
been set by Council, a notice of the application shall be published once a week for two
consecutive weeks in a newspaper circulating in the Town. This notice shall contain:
28.2.1 The legal description of the land;
28.2.2 The purpose of the proposed amendment;
28.2.3 The one or more places where a copy of the proposed amendment may be inspected
by the public during reasonable hours;
28.2.4 The date, place, and time that Council will hold a public hearing on the proposed
amendment;
28.2.5 An outline of the procedures to be followed by anyone wishing to be heard at the
public hearing; and
28.2.6 An outline of the procedures by which the public hearing will be conducted.
28.3
If the amendment involves the rezoning of land to a different land use district, a notice shall
also be communicated in writing to the owner(s) of the subject land, and to all adjacent
landowners.
28.4
Council, after considering: any representations made at the public hearing; and the Municipal
Development Plan, and any area structure plan or area redevelopment plan affecting the
application and the provisions of this Bylaw; may make such changes as it considers
necessary to the proposed amendment, if any, and proceed to pass the proposed
amendment, or defeat the proposed amendment.
28.5
Where an application for an amendment has been refused by Council, the Town shall refuse
to accept another application on the same land for the same or similar purpose until six (6)
months have passed from the date of such refusal.
28.6
If deemed necessary, the Town may initiate an amendment to this Bylaw without the
landowner's consent.
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SIX: Contravention and Enforcement
Section 29: Contravention
29.1
No person shall contravene this Bylaw by commencing or undertaking a development, use, or
sign that is not permitted under this Bylaw.
29.2
No person shall authorize or do any development that is at variance with the description,
specifications or plans that were the basis for issuing a development permit under this Bylaw.
29.3
No person shall contravene a condition of a permit issued under this Bylaw.
29.4
A Bylaw Enforcement Officer or the Development Officer may enforce the provisions of this
Bylaw, the Municipal Government Act and its regulations, the conditions of a development
permit or subdivision approval.
Section 30: Stop Order
30.1
If the Development Officer finds that a development, land use or use of a building is not in
accordance with the Act, this Bylaw, a development permit or subdivision approval, the
Development Officer may issue a written Stop Order to the owner, the person in possession of
the land or building, or other person responsible for the contravention, or all or any of them to:
30.1.1 Stop the development or use of the land or building in whole or part as directed by the
notice;
30.1.2 Demolish, remove or replace the development; or
30.1.3 Carry out any other actions required by the notice so that the development or use of
the land or building complies with the Municipal Government Act or this Bylaw, a
development permit or a subdivision approval within the time set out in the notice.
30.2
A person may appeal a Stop Order to the Subdivision and Development Appeal Board.
30.3
If a person fails or refuses to comply with a Stop Order, the Town may, in accordance with
Section 542 of the Municipal Government Act, enter upon the land or building and take such
action as is necessary to carry out the order.
30.4
The Town may register a caveat with respect to the Stop Order in the Land Titles Office.
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Section 31: Offences and Penalties
31.1
Any person who: contravenes or fails to comply with any provision of this bylaw or any permit
issued hereunder; or erects or places a sign in contravention of this bylaw; or obstructs or
hinders any person in the performance of his duties under this bylaw; or fails to comply with
any order of the Development Officer; is guilty of an offence and is liable on a first offence to a
penalty of $500.00. The penalty for a second offence shall be $1,500.00.
31.2
Where a Bylaw Enforcement Officer has reasonable grounds to believe that a person has
contravened any provision of this bylaw, he may serve upon such person an offence ticket
allowing the payment of the specified penalty to the Town in lieu of prosecution for the
offence.
31.3
Council may, by resolution, revise penalties for contravention of or non-compliance with the
provisions of this Bylaw.
31.4
If the Town takes action to carry out a Stop Order the Town shall cause the costs and
expenses incurred in doing so to be placed on the tax roll of the property concerned.
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SEVEN: General Regulations
Section 32: Applicability
32.1
This Part shall apply to all Land Use Districts under this Bylaw.
Section 33: Basement Suites
33.1
Basement suites shall be restricted to single detached dwellings.
33.2
A maximum of two (2) bedrooms may be permitted per basement suite.
33.3
A basement suite shall comply with the Safety Codes Act or its successor.
33.4
One on-site parking stall shall be provided for each bedroom to a maximum of two stalls.
33.5
A separate entrance door to a secondary suite shall not be located on any front building
elevation facing a public street. Notwithstanding this, a single entry door providing access to
an enclosed, shared land landing area from which both the main dwelling unit and the
basement suite take access, may be located on any front building elevation facing a public
street.
33.6
The maximum number of vehicles for basement suite occupants cannot exceed onsite parking
stalls provided for the suite.
Section 34: Bed and Breakfast Facility
34.1
All persons operating bed and breakfast facilities must provide evidence of compliance with
municipal, provincial and/or federal regulations in regard to their operation.
34.2
A bed and breakfast is an accessory use to a principal residential use.
34.3
The Municipal Planning Commission may permit a bed and breakfast only if, in their opinion, it
complies with the following regulations:
34.3.1 The privacy and enjoyment of adjacent residences shall be preserved and the
amenities of the neighbourhood maintained at all times;
34.3.2 Interior or exterior alterations, additions or renovations to accommodate a bed and
breakfast may be allowed provided such alterations, additions or renovations maintain
the principal residential appearance or character of the dwelling and comply with this
Bylaw, the Safety Codes Act, and any other Town bylaws;
34.3.3 A bed and breakfast shall be operated only by the permanent resident(s) of the
principal dwelling and one (1) non-resident employee on site;
34.3.4 One on-site parking stall shall be provided for each bedroom provided for
compensation; and
34.3.5 A bed and breakfast shall meet the signage requirements.
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Section 35: Building Design, Character and Appearance
35.1
The design, character, location, external finish, architectural appearance and landscaping of
all buildings, including accessory buildings or structures shall be to the satisfaction of the
Development Officer/Municipal Planning Commission. Where applicable, buildings shall
comply with any architectural/design guidelines in an Area Structure Plan.
35.2
The exterior finish of a building in all residential districts shall be completed by October 31st of
the year following the year in which the development permit is issued unless otherwise
stipulated in the development permit.
35.3
The undercarriage of a sectional home shall be screened from view by skirting or such other
means satisfactory to the Development Officer/Municipal Planning Commission.
35.4
All accessory structures to a sectional home such as patios, porches, additions, skirting and
storage facilities shall be fabricated so that the appearance complements the sectional home
to the satisfaction of the Development Officer/Municipal Planning Commission
35.5
The exterior finish of commercial structures shall be of wood, prefabricated materials, stone,
brick, architecturally finished block or concrete, stucco or other durable aesthetically pleasing
material that is appropriate to the development style and to the satisfaction of the
Development Authority.
35.6
Roof lines and building facades within commercial districts shall be articulated and varied to
reduce perceived mass and linear appearance of large buildings.
Section 36: Corner Lot Provision
36.1
No person on a corner lot in any District shall erect, place or maintain, within a triangle formed
by the boundaries of the site common with the streets abutting them and a straight line
connecting points on each of the said boundaries a distance of six metres from the point
where they intersect, a wall, fence, shrub, trees, hedge or any object over one metre in height
above the lowest street grade adjacent to the intersection.
36.2
In all districts, a site abutting two streets or more shall have a front yard on each street and
two side yards in accordance with the setback requirements of the Bylaw.
36.3
Notwithstanding Section 36.2, one front yard setback may be reduced to 3.0 m taking into
account the location of existing buildings or the permitted setback on adjacent sites where a
building does not exist.
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Figure 36.1: Restrictions on Corner/Double Fronting Lots
Section 37: Dwelling Units on a Parcel
37.1
The number of dwelling units permitted on a parcel shall be one, except where additional
dwellings are:
37.1.1 Contained in a building designed for, or divided into, two or more dwelling units and is
located in a land use district which permits multiple units;
37.1.2 A sectional home forming part of a sectional home park for which a development
permit has been issued; or
37.1.3 A building as defined in the Condominium Property Act that is the subject of an
approved condominium plan registered with Alberta Registries.
Section 38: Easements
38.1
A development permit shall not be issued for a development, other than a fence, that
encroaches in or over a utility easement or right-of-way without the written consent of the
person whom the easement is registered to or the person whose utility line is located in the
easement.
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Section 39: Environmental Conservation
39.1
Within developing areas, existing trees and shrubs should be conserved to the maximum
extent possible.
39.2
The following areas, to the maximum extent possible, shall be retained in their natural state;
39.2.1 Swamps, gullies and natural drainage courses;
39.2.2 Unstable land;
39.2.3 Land subject to flooding by a 1:100 year flood;
39.2.4 Land with a natural gradient of 15% or greater; and
39.2.5 Any lands designated as Environmental Reserve.
Section 40: Fencing and Screening
40.1
Fences shall complement the character and quality of the principal building.
40.2
The height of a fence must be no higher than:
40.2.1 1.0 m (3.3 ft.) in the front yard, except in the case of double fronting or corner sites, in
which case a fence shall be permitted no higher than:
(a) 1.0 m (3.3 ft.) at no less than 3.0 m (9.8 ft.) from the curb, or
(b) 1.2 m (3.9 ft.) at no less than 4.5 m (14.8 ft.) from the curb, or
(c) 1.5 m (4.9 ft.) at no less than 6.0 m (19.7 ft.) from the curb, or
(d) 1.8 m (5.9 ft.) at no less than 7.5 m (24.6 ft.) from the curb of one front boundary
where, in the opinion of the Development Officer, adjacent permitted
developments would not be adversely affect; and
40.2
2.0 m (6.6 ft.) in the side or rear yard.
40.3
Commercial/industrial buildings adjacent to residential areas must be screened by a fence of
not less than 2.0 m (6.6 ft.) in height on those sides of the commercial lot abutting the
residential area.
40.4
In the case of drive-in businesses, car washing establishments, service stations and gas bars,
landscaping shall be provided and maintained to the satisfaction of the Development Officer.
Solid fences shall be provided at least 2.0 m (6.6 ft.) in height adjacent to residential areas.
40.5
Notwithstanding 40.2, a higher fence or a fence with barbed or other security features may be
approved for public safety, security, privacy or buffering purposes.
40.6
No barbed wire fences shall be permitted in residential areas.
Land Use Bylaw
Page 38
40.7
The electrification of any fences within Sedgewick shall not be permitted.
40.8
Unless required as part of the sale, promotion or display of the vehicle, equipment or product,
all outdoor storage of vehicles, equipment, or products shall be screened from public view to
the satisfaction of the Development Officer/Municipal Planning Commission.
40.9
Screening in the form of fences, hedges, landscaped berms or other means is required along
the property lines of all commercial and industrial lots where such lines are coterminous with a
residential property line or are adjacent to lanes that abut a neighbouring residential property.
Such screening shall be at least 2.0 m (6.6 ft.) high. Length and width of the screening shall
be at the discretion of the Development Officer/Municipal Planning Commission.
40.10 For bulk outdoor storage, including but not limited to auto wrecking, lumber yards, pipe
storage and similar uses, where because of height of materials stored, a screen planting
would not be sufficient, a fence, earth berm or combination thereof to the satisfaction of the
Development Officer/Municipal Planning Commission, shall be required.
Section 41: Home Occupations
41.1
Any persons wishing to operate a home occupation from their residence shall be required to
apply for a development permit, and must meet all the criteria in Sections 41.2 and 41.3.
41.2
All home businesses shall comply with the following general regulations:
41.2.1 All home businesses shall be operated as a secondary use only and shall not change
the principal character and external appearance of the dwelling in which it is located.
41.2.2 One professionally non-illuminated fascia sign or nameplate to identify a home
occupation not greater than 0.3 square metres (3.2 square feet) in an area placed
within the dwelling unit or any accessory building is permitted.
41.2.3 A home occupation, whether or not a development permit has been issued, shall be
reviewed by the Town, when complaints are registered against a home occupation by
an affected landowner. A permit issued for a home occupation is liable to recall on
the basis of non-compliance on 60 days notice.
41.3
Home businesses shall meet all the requirements of 41.2 above and shall comply with the
following regulations:
41.3.1 The home business shall be operated by the permanent resident(s) of the principal
dwelling, on-site employees.
41.3.2 The home business shall not occupy more than 30% of the gross floor area of the
principal dwelling.
41.3.3 Any storage of materials or goods related to the minor home business must be
located within the principal dwelling and/or accessory structure and no exterior
storage is permitted.
41.3.4 The home business shall have no more than two (2) home business vehicles used in
conjunction with the home business, parked and maintained on site. There shall be no
heavy vehicles used in conjunction with a minor home business.
Land Use Bylaw
Page 39
Section 42: Lighting
42.1
Appropriate lighting of multi-attached residential, commercial, industrial and institutional
development shall be required to provide security and add visual interest.
42.2
Lighting standards and fixtures shall be of consistent design and complement the architectural
theme of the buildings located on the site.
42.3
Outdoor lighting shall be located so that rays of light:
42.3.1 Are not directed at an adjacent site or skyward;
42.3.2 Do not adversely affect an adjacent site;
42.3.3 Do not adversely affect traffic safety.
Section 43: Lot Grading and Drainage
43.1
The Development Officer/Municipal Planning Commission may require, as a condition of a
development permit, that a developer submit a lot grading plan to the Town for approval.
43.2
No on-site drainage, including from a roof or high water, shall flow to the sanitary sewer
system, either directly or through pumping (including downspouts).
43.3
No on-site drainage, including drainage from a roof or high water, shall be permitted to flow to
either an adjoining private property or onto Town sidewalks or onto a lane or street, except in
accordance with an approved grading plan. Suitable methods of on-site retention shall be in
accordance with the Town's Engineering Design Guidelines and subject to the approval of the
Development Officer.
43.4
All landscaping, topographic reconstruction, retaining walls, or site grading shall be confined
to the property and shall not encroach onto any adjoining property including road and lane
rights-of-way, utility easements or rights-of-way, environmental or municipal reserves, or any
other public or private lands excepting only where such encroachments, are expressly
approved by the Development Officer.
43.5
If a person alters the approved lot drainage on a site so that water drains onto adjacent
parcels, that person shall be responsible for corrective drainage structures, including retaining
walls, to divert water from neighbouring properties.
43.6
Any retaining wall over 1.0 m (3.3 ft) in height must be designed and inspected after
construction by a professional engineer. The land owner shall provide to the municipality the
design and inspection report, both bearing the seal and signature of a professional engineer.
43.7
A temporary fence shall be erected around all excavations which in the opinion of the
Development Officer/Municipal Planning Commission may be hazardous to the public.
Section 44: Objects Prohibited or Restricted in Yards
44.1
No person shall keep or permit in any yard in any district any object or chattel which, in the
opinion of the Development Authority is unsafe, unsightly or adversely affects the amenities of
the district. This includes dismantled or wrecked motor vehicles, building materials, and any
excavation, stockpiling or storage of materials, explosives, flammable liquids, toxic chemicals,
and diesel fuel and gasoline products.
Land Use Bylaw
Page 40
44.2
The outdoor storage of materials, products, equipment or machinery shall not be permitted in
the required front yard of commercial districts unless required as part of the sale, promotion or
display of merchandise as determined by the Development Officer/Municipal Planning
Commission.
44.3
No occupant of a principal dwelling in a residential district shall permit a recreational vehicle to
be used for living or sleeping accommodation for longer than a continuous 14 day period.
44.4
A motor vehicle, recreational vehicle or watercraft shall not be parked in a front yard except on
a driveway.
Section 45: Permitted Projections
45.1
The following encroachments into required front, side and rear yard setbacks in land use
districts may be permitted for canopies, balconies, eaves, box-outs, chimneys, gutters, sills,
steps/stairs, and, in addition, cantilevers may be permitted to encroach into the front and rear
yards only:
45.2
Front Yard:
45.2.1 2.0 m (6.6 ft.) for balconies; and
45.2.2 1.0 m (3.3 ft.) for cantilevers, eaves, gutters, landings, and window sills.
45.3
Rear Yard:
45.3.1 2.0 m (6.6 ft.) for balconies; and
45.3.2 1.0 m (3.3 ft.) for box-outs, cantilevers, eaves, gutters, landings, and window sills.
45.4
Side Yard (Interior):
45.4.1 1.0 m (3.3 ft.) for balconies; and
45.4.2 0.6 m (2.0 ft.) for box-outs, eaves, gutters, landings and window sills.
45.5
Side Yard (Exterior):
45.5.1 1.0 m (3.3 ft.) for balconies; and
45.5.2 0.6 m (2.0 ft.) for box-outs, cantilevers, eaves, gutters, landings and window sills.
Land Use Bylaw
Page 41
45.6
For multi-attached dwellings, balconies and decks may be extended to the lot line or common
wall, provided that the common wall is extended for separation/privacy.
45.7
No projection will be permitted if, in the opinion of the Development Officer/Municipal Planning
Commission, it may interfere with a loading space, parking area, driveway, or other vehicle or
pedestrian circulation or access.
45.8
No projection will be permitted into the side yard required for vehicular access to the rear yard,
unless a minimum vertical height of 3.0 m (9.8 ft.) from finished grade to the lowest point of
the projection is maintained.
45.7
The projection length limitations are as follows:
45.7.1 The individual projection maximum length shall not exceed 3.0 m; (9.8 ft.) and
45.7.2 The sum of all projections maximum length shall not exceed one-third (1/3) of the
length of the building wall (not including the garage walls). This does not apply to front
or rear yards.
Figure 45-1: Permitted Projections - Front and Interior Side Yard Setbacks
Land Use Bylaw
Page 42
Figure 45-2: Permitted Projections - Rear and Exterior Side Yard Setbacks
Section 46: Relocating Buildings not of New Construction other than Sectional Homes
46.1
A person wishing to move an existing building onto a lot shall make application for a
Development Permit in the usual way but also provide the following information:
46.1.1 Age, size and structural condition of the building;
46.1.2 Photographs showing all sides of the building; and
46.1.3 A statement of the proposed improvements.
46.2
The Development Officer shall inspect the building which is proposed to be moved in, or
he/she may request another qualified person to do so and report back, in either case the
expenses of such inspection shall be paid by the applicant before any Development Permit is
issued.
46.3
The Development Officer may issue a Development Permit for the proposed building without
conditions, or subject to such conditions as he/she deems it necessary to ensure that the
building is renovated to a satisfactory standard.
46.4
The Development Officer may require a letter of security and/or performance bond of up to
$5,000 to guarantee satisfactory completion of work stipulated in the Development Permit.
Land Use Bylaw
Page 43
Section 47: Satellite Dish and Amateur Radio Antennas
47.1
All satellite dish and amateur radio antennas shall be located on the same site as the intended
signal user.
47.2
Satellite dishes that conform to all other provisions of the Land Use Bylaw do not require a
development permit.
47.3
No satellite dish antenna which is accessory to the principal use of a site shall be located in,
or encroach onto, a front or side yard in any residential district.
47.4
A satellite dish antenna larger than 1.0 m (3.3 ft.) in diameter shall not be located on a roof top
except for apartment buildings and buildings in non-residential districts.
47.5
Where any portion of a satellite dish antenna is more than 3.0 m (9.8 ft.) above grade, it shall
be screened and located to the satisfaction of the Development Officer/Municipal Planning
Commission.
47.6
Location restrictions for satellite dish antennas may be waived where the applicant can
demonstrate, to the satisfaction of the Development Authority that compliance would interfere
with signal reception.
47.7
An applicant for a development permit for an amateur radio antenna shall notify and provide
comments of all landowners located within 75.0 m (246.1 ft.) from the boundary of the
property.
47.8
The maximum height of an amateur radio antenna in residential districts shall be 19.0 m (62.3
ft.).
47.10 Antennas shall not be illuminated unless required by Transport Canada regulations, and
except for a manufacturer's logo shall not exhibit or display any advertising.
Land Use Bylaw
Page 44
Section 48: Temporary Structures
48.1
A temporary structure may not be erected without permission of the Municipal Planning
Commission which may be granted as follows:
48.1.1 Any district other than a residential district subject to the owner agreeing to remove
such a building in accordance with the terms and conditions stipulated by the
Development Officer;
48.1.2 A residential district provided that:
(a) No such temporary building shall have a floor area of more than 16.5 square
metres (178.2 square ft.), be more than 3.0 metres (9.8 ft.) in height or set back
less than 1.2 (3.9 ft.) metres from the side and rear property lines; and
(b) The owner enters into an agreement to remove such a building in accordance
with the terms and conditions stipulated by the Municipal Planning Commission;
(c) There shall be no more than one temporary structure per site;
(d) A temporary building being used as a garage must be placed in the rear yard
only;
(e) In the case of a pre-manufactured temporary building, the elevations shall be
subject to approval of the Municipal Planning Commission; and
(f) The building is completed in accordance with the terms stipulated by the
Municipal Planning Commission, provided that the temporary building permit shall
expire at the end of 24 months, unless renewed by the Municipal Planning
Commission for a further term, and that such building will comply with this Bylaw.
48.2
If an owner fails to comply with the terms and conditions of a temporary building development
permit, the Development Officer/Municipal Planning Commission may remove or cause to be
removed such building as the case may be, the costs of which shall be charged against the
lands upon which the temporary building is situated and shall be payable by the owner to the
Town on demand.
48.3
A temporary structure shall not be used as a dwelling.
48.4
Metal freight/cargo storage containers shall only be permitted in the Light Industrial Business
District.
Land Use Bylaw
Page 45
EIGHT: Transportation Facilities
Section 49: Parking
49.1
General Regulations:
49.1.1 All off-street parking facilities shall be separated from streets by a landscaped area of
at least 1.0 m (3.3 ft.) in width.
49.1.2 All off-street parking facilities shall be so constructed that:
(a) Necessary curb cuts are located and flared to the satisfaction of the Development
Officer/Municipal Planning Commission;
(b) Parking facilities used at night shall have adequate lighting for the entire parking
facility. Such lighting shall be directed away from adjacent or other properties;
(c) Grades and drainage shall dispose of surface water. In no case shall grades be
established that would permit surface drainage to cross any sidewalk or site
boundary without the approval of the Development Officer/Municipal Planning
Commission; and
(d) Parking for the physically handicapped shall be provided as provincial regulations
require and shall be considered as part of total number of stalls required for the
project. A maximum of 5% of the total number of stalls required may be required
to be provided for the handicapped by the M.P.C., provided that a maximum of
three stalls may be required for any project, unless exceptional circumstances
due to the magnitude of the development would warrant more than three stalls.
49.3
Parking Requirements:
49.3.1 All parking spaces, loading spaces, manoeuvring aisles and driveways shall be
surfaced and maintained to the satisfaction of the Development Officer/Municipal
Planning Commission.
49.3.2 All parking spaces, loading spaces, manoeuvring aisles and driveways shall be
demarcated to the satisfaction of the Development Officer/Municipal Planning
Commission.
49.3.3 A parking lot shall be designed, located and constructed so that it:
(a) Is accessible to and appropriate for types of motor vehicles using it and the
frequency of use;
(b) Is appropriately surfaced and drained as required by the Development
Officer/Municipal Planning Commission; and
(c) Does not interfere with pedestrian or traffic safety.
Land Use Bylaw
Page 46
49.3.4 Size of Parking Stalls and Drive Aisles:
(a) Parking angles may have a value of 90 degrees or range from 90 degrees to 45
degrees;
(b) Unless otherwise allowed by the Development Officer/Municipal Planning
Commission, the minimum dimensions for the design of parking facilities shall be
as set out in Figure 49-1 and Table 49-1;
(c) Parking dimensions for parking angles between 90 degrees and 45 degrees shall
be calculated using a straight-line interpolation between dimensions;
(d) For parallel parking, the length of the parking spaces shall be 7.0 m (23.0 ft.),
except that an end space with an open end shall be a minimum of 5.5 m (18.1 ft.);
(e) Manoeuvring aisles and driveways serving as fire lanes shall be at least 6.1 m
(20.0 ft.) wide;
(vi) Parking stalls shall be clear of all obstructions, other than wheel stops; and
(vii) The maximum grade of a parking stall shall not exceed 4% in any direction.
Figure 49-1: Illustration of Parking Standard Dimensions
Illustration relates to column headings in Table 50-1
Land Use Bylaw
Page 47
Table 49-1: Parking Stall Design Standards
Stall Width
(a)
Parking Angle
(in Degrees) (b)
Aisle Width
(c)
Stall Depth Perpendicular
to Aisle (d)
Parking Unit
Depth (e)
7.0 m
(23.0 ft.)
0
3.5 m
(11.5 ft.)
3.0 m
(9.8 ft.)
13.0 m
(42.7 ft.)
3.0 m
(9.8 ft.)
45
4.0 m
(13.1 ft.)
6.0 m
(19.7 ft.)
16.0 m
(52.5 ft.)
3.0 m
(9.8 ft.)
60
5.5 m
(18.1 ft.)
6.5 m
(21.3 ft.)
18.5 m
(60.7 ft.)
3.0 m
(9.8 ft.)
90
7.0 m
(23.0 ft.)
6.0 m
(19.7 ft.)
19.0 m
(62.3 ft.)
49.3.5 The portion or portions of a parking lot used for parking must:
(a) Be marked off or physically divided to delineate clearly each parking stall, loading
space or drive aisle; and
(b) Have suitable barriers to prevent motor vehicles from encroaching onto
landscaped areas and to protect fences, walls or buildings.
49.3.6 Wheel stops shall not exceed 0.1 m (0.3 ft.) in height above the parking stall surface
and shall be placed perpendicular to the parking stall depth, 0.6 m (2.0 ft.) from the
front of the parking stall.
49.4
Number of Stalls Required
49.4.1 Where the calculation of the required number of parking stalls or loading spaces
results in a fraction number of parking spaces, the next higher number shall be taken.
49.4.2 Where a development falls within two or more of the categories listed in this Section,
it shall comply with all parking regulations applicable to all of the categories. The
highest requirement shall be used.
49.4.3 Parking stall requirements for uses other than those set out in this Section shall be
determined by the Development Officer/Municipal Planning Commission, having
regard to similar uses for which specific parking stall requirements are set.
49.4.4 Unless otherwise allowed by the Development Officer/Municipal Planning
Commission, the required number of vehicle parking stalls for a use shall be as set
forth in the following table (note GFA = Gross Floor Area).
Land Use Bylaw
Page 48
Table 49-2: Parking Requirements
Land Use
Minimum Parking Standard
Abbatoir
1 stall/100 m2 (1080 ft2) GFA
Apartment - Bachelor/1 Bedroom
1 stall/dwelling unit plus 0.15 stalls/ dwelling unit
designated as visitor parking
Apartment - 2 Bedroom
1.5 stalls/dwelling unit plus 0.15 stalls/ dwelling unit
designated as visitor parking
Apartment - 3 or more Bedroom
2 stalls/dwelling unit plus 0.15 stalls/ dwelling unit
designated as visitor parking
Auction Mart
1 stall/25 m2 (270 ft2 ) GFA
Autobody and Repair Shop
6 stalls/bay
Automobile and RV Sales and Rental
1 stall/100 m2 (1080 ft2)GFA
Automobile Repair Garage
6 stalls/bay
Automobile Service Station
6 stalls/bay; plus 1 stall/25 m2 (270 ft2 ) retail space
Automobile Supply Store
1 stall/25 m2 (270 ft2 ) GFA
Bank / Financial Institution
2 stalls/100 m2(1080 ft2) GFA and a minimum of 5
stalls for staff
Basement Suite
1 stall/bedroom
Bed and Breakfast Facility
1 stall/rented room in addition to spaces required
for dwelling unit
Bottled Gas Sales and Storage
1 stall/100 m2 (1080 ft2) GFA
Bulk Fuel Station
1 stall/100 m2 (1080 ft2) GFA
Caterer
1 stall/100 m2 (1080 ft2) GFA
Clinic
1 stall/25 m2 (270 ft2 ) GFA
Community Hall
Discretion of Development Authority
Contracting Services - Major
1 stall/50 m2 (540 ft2 ) GFA for office space and 1
stall/100 m2 (1080 ft2)GFA for other buildings
Contracting Services - Minor
1 stall/50 m2 (540 ft2 ) GFA for office space and 1
stall/100 m2 (1080 ft2) GFA for other buildings
Convenience Food Store
1 stall/25 m2 (270 ft2 ) GFA
Day Care Facility
1 stall/staff on duty plus 0.2 stalls/child (design
capacity)
Dry Cleaning and Laundry Depot / Plant
1 stall/100 m2 (1080 ft2) GFA
Dwelling - Duplex
2 stalls/dwelling unit
Dwelling - Fourplex
2 stalls/dwelling unit
Dwelling - Rowhouse
2 stalls/dwelling unit
Dwelling - Single Detached
2 stalls
Dwelling - Triplex
2 stalls/dwelling unit
Farm Supply Store
1 stall/100 m2 (1080 ft2) GFA
Feed Mills and Grain Elevators
1 stall/100 m2 (1080 ft2) GFA
Florist Shop
1 stall/25 m2 (270 ft2 ) GFA
Land Use Bylaw
Page 49
Land Use
Minimum Parking Standard
Food and Beverage Service Facility
1 stall/4 seats
Funeral Home
1 stall/5 seats
Gaming or Gambling Establishment
1 stall/3 seats
Gas Bar
3 stalls
Group Care Facility
0.5 stalls/dwelling unit
Handicraft Business
1 stall/100 m2 (1080 ft2) GFA
Hotel
1 stall/guest room plus 1 stall/staff on duty
Industry / Manufacturing - Small Scale
1 stall/100 m2(1080 ft2) GFA
Laboratory
1 stall/50 m2 (540 ft2 ) GFA
Laundromat
1 stall/25 m2 (270 ft2 ) GFA
Light Equipment Repair / Rental
1 stall/100 m2 (1080 ft2) GFA
Livestock Auction Mart
1 stall/25 m2 (270 ft2 ) GFA
Motel
1 stall/guest room plus 1 stall/staff on duty
Museum
2 stalls/100 m2 (1080 ft2) GFA
Nursing Home
1 stall/4 beds
Office Building
1 stall/50 m2 (540 ft2 ) GFA
Oilfield Support Services
1 stall/100 m2 (1080 ft2) GFA
Personal Service Shop
1 stall/25 m2 (270 ft2 ) GFA
Pharmacy
1 stall/25 m2 (270 ft2 ) GFA
Public Assembly
1 stall/25 m2 (270 ft2 ) GFA
Recreation Facility
Discretion of Development Authority
Recreational Amusement Park
Discretion of Development Authority
Restaurant
1 stall/4 seats
Restaurant - Drive Thru
1 stall/4 seats
Restaurant - Takeout/Delivery
3 stalls
Retail Store
1 stall/25 m2 (270 ft2 ) GFA
School - Elementary and Middle School
5 stalls plus 1 stall per classroom
School - High School
1 stall/3 students(design capacity)
Sectional Home
2 stalls
Seed Cleaning Plant
1 stall/100 m2 (1080 ft2) GFA
Senior Citizen Self Contained Units
2 stalls/dwelling unit plus 1 stall/staff on duty
Supermarket
1 stall/25 m2 (270 ft2 ) GFA
Taxi and Bus Depot
1 stall/25 m2 (270 ft2 ) GFA
Trade / Commercial School
1 stall/3 students (design capacity)
Transport / Truck Operation
1 stall/100 m2 (1080 ft2)GFA
Truck and Sectional Home Sales and Rental
1 stall/100 m2 (1080 ft2) GFA
Vehicle Wash
3 stalls
Veterinary Clinic
1 stall/50 m2 (540 ft2 ) GFA
Warehouse Store
1 stall/25 m2 (270 ft2 ) GFA
Land Use Bylaw
Page 50
Section 50: On-Site Loading Requirements
50.1
All multiple-family developments, commercial businesses and industrial businesses shall
provide a minimum of one loading space. A loading space shall be designed and located so
that all vehicles using that space can be parked and manoeuvred entirely within the bounds of
the site without backing to or from adjacent streets.
50.2
A loading space shall be a minimum width of 3.5 m (11.5 ft.) and a minimum depth of 8.0 m
(26.3 ft.) and maintain a minimum overhead clearance of 4.6 m (15.1 ft.).
50.3
For apartment or multiple-family developments with more than twenty (20) units, adequate
loading space shall be provided to the satisfaction of the Development Officer/Municipal
Planning Commission.
Section 51: Vehicles
51.1
Access to Sites:
51.1.1 All access locations and curb crossings require the approval of the Town.
51.1.2 All sites shall be designed so that backing manoeuvres necessary to access a parking
stall, a loading door, a drive-through or any other area where vehicles operate, take
place wholly on the site. Exceptions are single detached dwellings and individual
parking stalls accessing a lane.
51.2
Sight Lines at Intersections of Roadways
51.2.1 At the intersection of lanes, a 3.0 metre (9.8 feet) sight triangle shall be maintained:
Figure 51-1: Sight Triangle at Intersection of Lanes
51.2
At the intersection of other roadways, the Development Officer/Municipal Planning
Land Use Bylaw
Page 51
Commission may require the calculation of sight triangles where:
(a) One or more rights of way is less than 15.0 metres (49.2 feet) in width; or
(b) Regulated vehicle speed exceeds 50 kilometres per hour ; or
(c) One of the carriageways is not centred in its right-of-way; or
(d) An intersection leg is curved or skewed; or
(e) An intersection leg is sloped at 2 percent or greater.
51.3
Sight triangle calculations shall be in accordance with the recommended methods of
the Roads and Transportation Association of Canada regarding crossing sight
distances for roadways.
51.3
Driveways:
51.3.1 At street intersections, driveways shall be setback from the parcel boundaries which
form the intersection not less than:
(a) 6.0 metres (19.7 feet) where the driveway serves not more than 4 dwelling units;
or
(b) 15.0 metres (49.2 feet) for other uses, except where existing/planned traffic
volumes indicate that a greater distance is needed to improve/maintain traffic
safety and efficiency.
51.3.2 Driveway widths for residential parking stalls shall not exceed 40% of the total lot
frontage at the property line, but in no case shall be less than 3.0 metres (9.8 feet)
wide.
51.3.3 Commercial and industrial driveways intended for two-way vehicle movement shall be
at least 9.0 metres (29.5 feet) wide. The maximum width of a commercial or industrial
driveway shall be 10.0 metres (32.8 feet).
51.3.4 The minimum distance between driveways shall be:
(a) Nil, where the driveways serve single dwelling units,
(b) 6.0 metres (19.7 feet) for other uses, except where existing/planned traffic
volumes indicate that a greater distance is needed to improve/maintain traffic
safety and efficiency.
51.3.5 The minimum angle for a driveway to a commercial, industrial, or high density
residential use shall be 70 degrees.
Land Use Bylaw
Page 52
NINE: Signs
Section 52: General Provisions
52.1
Signs shall only be erected on sites to which their display relates except in the base of
advance directional signs which may be approved by the Development Officer/Municipal
Planning Commission in locations where it considers the free and safe flow of traffic may be
enhanced.
52.2
A sign shall not conflict with the general character of the surrounding landscape or the
architecture of nearby buildings or be liable to create a cluttered appearance.
52.3
A sign shall not project closer than 0.75 m (2.46 ft.) to the exterior wall of the building.
52.4
Where a sign projects over public property, a minimum distance of 2.5 m (8.2 ft) above grade
level shall be maintained.
52.5
Notwithstanding 52.4, where a sign projects into or over a driveway or other area of vehicle
movement, a minimum clearance of 4.6 m (15.1 ft.) above grade level shall be maintained.
52.6
A sign shall not obstruct the view of or be liable to be confused with an official traffic sign,
signal or device or otherwise pose a potential hazard to traffic.
52.7
A sign shall not display lights which may be mistaken for the flashing lights customarily
associated with danger or those used by police, fire, ambulance or other emergency vehicles.
Section 53: A-Board Signs Figure 53-1: A-Board Sign
53.1
A-Board Signs shall:
53.1.1 Be of a painted finish, be neat and clean, and be maintained in such condition; and be
of a size not exceeding 0.6 m (2.0 ft.) wide by 0.9 m (3.0 ft.) high, and not less than
0.3 m (1.0 ft.) wide by 0.6 m (2.0 ft.) high.
Figure 53-1: A-Board Sign
Land Use Bylaw
Page 53
Section 54: Awning and Canopy Signs
54.1
Awning and canopy signs shall not project from the building to a point greater than where a
perpendicular line from the front edge of the awning will intersect the sidewalk 0.6 m (2.0 ft.)
from the face of the curb.
54.2
Canopy signs may be attached to the sides and front of the canopy, and such signs may
extend the entire length and width of the canopy.
54.3
Under canopy signs may be hung from the canopy provided such signs shall not:
54.3.1 Extend beyond the sides or the front of such canopy; and
54.3.2 Exceed a vertical dimension of 1.5 m. (4.9 ft.)
54.4
No person shall erect an awning sign, a canopy sign or an under canopy sign unless such
sign:
54.4.1 Is securely hung and anchored to the building to which it is attached;
54.4.2 The structure to which it is attached is capable of resisting all stresses resulting from
dead weight, snow and wind loads;
54.4.3 Is at a clearance of not less than 2.8 m (9.2 ft.) from the average ground level at the
face of the building;
54.4.4 Does not project more than 3.0 m (9.8 ft.) from the face of the building or structure to
which it is attached.
Figure 54-1: Awning and Canopy Signs
Land Use Bylaw
Page 54
Section 55: Billboards
55.1
A development permit for a billboard shall not be issued unless the billboard is to be located
on a lot abutting Highway 13 right-of-way subject to the approval of Alberta Infrastructure and
Transportation.
55.2
A billboard sign shall not:
55.2.1 Be more than 3.0 m (9.8 ft.) high, and not more than 6.0 m (18.7 ft.) long;
55.2.2 Be less than 3.6 m (11.8 ft.) above grade level;
55.2.3 Have a maximum height above grade of more than 6.0 m (19.7 ft.);
55.2.4 Have a maximum area exceeding 18.0 m2 (194.4 ft2);
55.2.5 Be less than 15.0 metres (49.2 feet) from the nearest billboard; and
55.2.6 Not be located closer than 3.0 m (9.8 ft.) to any property line.
55.3
The land and the sites in and about where the billboards are permitted shall be at all times
maintained in a neat and clean manner, free from all loose papers and rubbish. A second
face may be required on the billboard where the back of the billboard is visible to pedestrian or
vehicle traffic.
Section 56: Election Signs
56.1
Election signs may be placed on private or public property (with the approval of the
owner/public authority).
56.2
Election signs are permitted on municipal property only as designated by the Development
Authority.
56.3
No encroachment of an election sign from private property onto municipal property will be
permitted unless it is at a designated location.
56.4
Election signs must be located at least 3.0 m (9.8 ft.) from the edge of the travelling surface of
a roadway.
56.5
Election signs on public property may not exceed 3.0 m2 (32.4 ft2) in size nor 3.6 m (11.8 ft.) in
height.
56.6
Candidates shall remove their election signs from public and private property within 48 hours
after the close of the voting stations on election day and ensure that the site is cleaned up and
that the holes are filled with a mixture of topsoil and grass seed;
56.7
If a candidate fails to remove his or her election signs within 48 hours after the voting stations
close on election day, the Bylaw Enforcement Officers may remove them and the candidate
shall be liable for the cost of removal.
56.8
When an election sign interferes with work being carried out by Town work crews or
contractors doing work on behalf of the Town, the crews may remove and dispose of such
signs.
Land Use Bylaw
Page 55
56.9
Bylaw Enforcement Officers employed by the Town may remove any election signs, which
have been erected, affixed, posted or placed on any Town property in contravention of this
bylaw.
56.10 A candidate whose name appears on an election sign, which is in contravention of this bylaw,
shall be guilty of an offence under this bylaw.
Section 57: Fascia Signs
57.1
Fascia signs shall not be located above any portion of a street, or project over public property
unless there is a minimum clearance from grade of 2.5 m (8.2 ft.) and a maximum projection
of 0.4 m (1.3 ft.).
57.1.2 A fascia sign shall not exceed 20% of the visible area of the façade of each wall of the
building on which it is located; and
57.1.2 A fascia sign may be illuminated.
Section 58: Freestanding Signs
58.1
A freestanding sign may be allowed in a setback area as established in the Land Use Bylaw
and is subject to the condition that it be removed or relocated at the owner's expense upon 30
days written notice from the Town.
58.2
Freestanding signs in non-residential districts are subject to the following regulations:
58.2.1 One (1) freestanding sign shall be allowed per lot frontage for the purpose of
identifying the use or building on that lot;
58.2.2 The sign shall be designed in a manner which is architecturally compatible with the
general character of the building and/or the surrounding streetscape, as approved by
the Development Officer/Municipal Planning Commission;
58.2.3 The maximum area of the freestanding sign shall not exceed 18.0 m2 (194.4 ft2);
58.2.4 The maximum height of the freestanding sign shall not exceed 9.0 m (29.5 ft.);
58.2.5 Free standing signs shall not identify any accessory tenants within the principle
building;
58.2.6 The sign may be illuminated, but shall not have flashing or intermittent lights or device
or mechanism that creates the impression of flashing or intermittent lights. Reader
board signs are permitted.
58.2.7 At the discretion of the Development Officer/Municipal Planning Commission,
landscaping may be required at the base of the sign; and
58.2.8 The bottom of freestanding signs shall be a minimum of 3.6 m (11.8 ft) above
grade, unless a lesser distance is approved by the Development Officer/Municipal
Planning Commission, and the space between the bottom of the sign and the grade
shall be unobstructed, except for such supports as the sign may require.
Land Use Bylaw
Page 56
58.3 Freestanding signs in residential districts shall be permitted under the following provisions:
58.3.1 One identification freestanding sign may be allowed to identify the name of an
apartment, multi-family complex, sectional home court or a subdivision, and which
does not: exceed 2.0 square metres (21.6 feet) in area; project within 0.6 metres (2.0
feet) from the property line; or exceed 3.5 metres (11.5 feet) in height.
58.3.2 Freestanding signs identifying the name of the community, neighbourhood, or
subdivision shall blend in with the architecture or development theme of the
surrounding area; and
58.3.3 A neighbourhood identification sign shall not contain an advertisement in any form but
may contain the name or logo of the company or companies which developed the
neighbourhood.
Section 59: Painted Wall Signs
59.1
A painted wall sign shall not exceed 3.0 m (9.8 ft.) in height and 9.0 m (29.5 ft.) in length.
59.2
Only one sign per wall is permitted.
59.3
Notwithstanding Section 59.1, a sign may be the entire length of an exterior wall providing the
design has been approved by the Development Officer/Municipal Planning Commission.
Figure 59-1: Painted Wall Signs and Projecting Signs
Land Use Bylaw
Page 57
Section 60: Portable and Inflatable Signs
60.1
Regulations include:
60.1.1 A portable sign shall be installed, serviced, removed and accessed from the property
on which the sign is located;
60.1.2 A portable sign shall not exceed 4.0 m² (43.2 ft²) per face, nor shall any such sign
exceed 3.0 m (9.8 ft.) in height from grade;
60.1.3 No portable sign shall be illuminated or employ any flashing or sequential lights or any
mechanical or electronic device to produce or stimulate motion, or be confused with
traffic signs;
60.1.4 A portable sign shall not interfere with pedestrian and/or vehicle traffic;
60.1.5 Each property is entitled to utilize one portable sign;
60.1.6 No portable signs are permitted on Town owned property;
60.1.7 A portable sign must be stabilized but shall not use unsightly or potentially hazardous
methods;
60.1.8 A portable sign shall be removed immediately on ceasing to be in use; and
60.1.9 A portable sign in use, shall at all times be maintained in good condition and,
specifically, shall contain lettering and signage which is secure and complete. Any
damaged or missing signage must be repaired within 24 hours of knowledge of same
coming to the attention of the permit holder.
60.2
Inflatable Signs:
60.2.1 An inflatable sign shall be tethered or anchored and shall be touching the surface to
which it is anchored;
60.2.2 An inflatable sign shall not exceed the maximum free standing sign height allowed
(9.0 m or 29.5 ft.);
60.2.3 There shall be a maximum of one (1) inflatable sign per site, but no inflatable sign
shall be permitted on the site containing any other portable sign; and
60.2.4 An inflatable sign may be placed on a site twice within a calendar year, but not for
more than 30 days at a time.
Land Use Bylaw
Page 58
Section 61: Projecting Signs
61.1
No projecting sign shall be erected so that the bottom thereof is less than 2.8 m (9.2 ft.) above
the sidewalk; provided however, where traffic lights may be obscured in the opinion of the
Development Officer/Municipal Planning Commission, the minimum requirement for the
bottom of the projecting sign may be increased to a height of 3.6 m (11.8 ft.) or more above
the sidewalk.
61.2
All projecting signs shall maintain the required clearance from overhead power and service
lines as required forth under The Electrical Protection Act.
61.3
The maximum area of a projecting sign shall be 4.5 m2 (48.6 ft²).
61.4
The nearest edge of a projecting sign shall not be set off more than 0.3 m (1.0 ft.) from the
building face.
Section 62: Wall Signs
62.1
Wall signs shall be securely fastened to walls and shall not be entirely supported by an
unbraced parapet wall.
62.2
The maximum horizontal dimension of a wall sign shall be 6.0 m (19.7 ft.).
Land Use Bylaw
Page 59
TEN: Land Use Districts
Section 63: Establishment of Land Use Districts
63.1
For the purposes of this Bylaw the Town of Sedgewick is divided into the following districts:
Residential Single Detached
R1A
Residential General
R1
Residential Multi Family
R2
Residential Sectional Home Subdivision
R3
Residential Low Density
R4
Commercial Central
C1
Light Industrial Business
LIB
Parks
P
Institutional
I
Urban Reserve
UR
Direct Control
DC
63.2
The boundaries of the districts listed in this Bylaw are as delineated in Schedule A, Land Use
District Map.
63.3
Where uncertainty exists as to the boundaries of districts as delineated in the Land Use
District Map, the following rules shall apply:
63.3.1 Where a boundary is shown as following a street, lane, or creek, it shall be deemed to
follow the centre line thereof.
63.3.2 Where a boundary is shown as approximately following a lot line, it shall be deemed
to follow the lot line.
63.3.3 Where land use districts have been established in accord with a proposed subdivision
of land, the districts shall be understood to conform to the Certificate of Title or the
Plan of Survey when registered in a land title office. Prior to the registration, the
district boundary shall be determined on the basis of the scale of the map.
63.4
The district standards of this Bylaw do not apply to roads, lanes, or other public thoroughfares.
Land Use Bylaw
Page 60
Table 63-1: Residential Land Uses
P = Permitted D = Discretionary
Land Use District
Land Use Type
R1A
R1
R2
R3
R4
Accessory Building
P
P
P
P
P
Apartment
P
Assisted Living Facility
D
D
Basement Suites - Single Detached
D
D
Bed and Breakfast Facility
D
D
Dwelling, Duplex
D
P
Dwelling, Fourplex
P
Dwelling, Rowhouse
P
Dwelling, Single Detached
P
P
D
P
Dwelling, Single Detached,
Relocated - Not of new Construction
D
D
Dwelling, Triplex
P
Group Care Facility
D
S
Home Occupation
P
P
P
P
P
Public Assembly
P
P
P
P
Public Use
P
P
P
P
P
Sectional Home
D
D
P/D
Utility Buildings
D
D
D
D
D
Land Use Bylaw
Page 61
Section 64: R1A Residential Single Detached District
64.1
Purpose:
To provide an area for single detached residential development.
64.2
Uses:
64.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district.
Site Coverage
40%.
Minimum Floor Area
100 square metres (1,080 square feet).
Maximum Building Height
Dwelling
-
10.0 metres (32.8 feet) from grade to roof peak.
Garage and Accessory Building
-
4.0 metres (13.1 feet) from grade to roof peak, with a
maximum exterior wall height of 2.74 metres (9.0 feet).
Minimum Parcel Area
Interior Parcels 550 square metres (5,940 square feet).
Corner Parcels 600 square metres (6,480 square feet).
Double Fronting Yards
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the
setback requirements of the Bylaw.
Front Yard Setback
Dwelling
-
6.0 m (19.7 feet).
Garage and Accessory Building
-
None in Front Yard.
Rear Yard Setback
Dwelling
-
7.5 m (24.6 feet) except on corner or double fronting lots.
Garage and Accessory Building
-
0.6 metres (2.0) feet, except where vehicle doors face a
lane 3.0 metres (9.8 feet).
Permitted Uses
Discretionary Uses
Accessory Building
Dwelling, Single Detached (New
Construction)
Home Occupation
Public Assembly
Public Use
Bed and Breakfast Facility
Utility Building
Similar Use
Land Use Bylaw
Page 62
Side Yard Setback
Dwelling
In the case of roadway and lane systems:
- 1.5 metres (4.9 feet).
In the case of laneless systems:
- 3.0 metres (9.8 feet).
Garage and Accessory Building
In the case of roadway and lane systems:
- 1.5 metres (4.9 feet), except where vehicle doors face a
lane 3.0 metres (9.8 feet).
Garage Roof Overhang
-
0.3 metres (1.0 feet).
Landscaping
All yards shall be landscaped with trees, shrubs and planted
groundcover in accordance with plans approved by the
Development Authority. Notwithstanding any provisions of this
Bylaw to the contrary, as a condition of approval of a
development permit, all landscaping and planting required
must be carried out to the satisfaction of the Development
Authority within twelve months of occupancy or
commencement of operation of the development.
Parking
A two car parking area shall be provided to the rear, side or
front of the dwelling. Notwithstanding, in the case of a
dwelling fronting onto an arterial road, the parking area shall
access from the lane where one is provided.
Land Use Bylaw
Page 63
Section 65: R1 Residential General District
65.1
Purpose:
This district is generally intended to provide land for the development of low density single
family dwellings.
65.2
Uses:
65.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this District.
Site Coverage
40%.
Minimum Floor Area
100 m² (1,080 ft²) - increased from 85 m² (915 ft²)
Minimum Parcel Area
(Single Detached)
In the case of roadway and lane systems:
- 475 m² (5,130 ft²); and
In the case of laneless systems:
- 502 m² (5,422 ft²); or
Such greater size necessitated to meet minimum yard
requirements.
Minimum Parcel Area
(Duplexes)
In all cases:
- 177.8 m² per unit (3,000.0 ft² per unit).
Maximum Building Height
Dwelling
-
10.0 metres (32.8 feet) from grade to roof peak.
Garage and Accessory Building
-
4.0 metres (13.1 feet) from grade to roof peak, with a
maximum exterior wall height of 2.74 metres (9.0 feet).
Permitted Uses
Discretionary Uses
Accessory Building
Dwelling, Single Detached - New Construction
Home Occupation
Public Assembly
Public Use
Apartment
Assisted Living Facility
Basement Suite
- Dwelling, Single Detached
Bed and Breakfast Facility
Dwelling, Duplex
Dwelling, Single Detached
- Relocated not of New Construction
Group Care Facility
Sectional Home (new)
Utility Building
Similar Use
Land Use Bylaw
Page 64
Front Yard Setback
Dwelling
-
6.0 metres (19.7 feet).
Garage and Accessory Building
-
None in Front Yard.
Double Fronting Lots
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the
setback requirements of the Bylaw.
Rear Yard Setback
Dwelling
-
6.0 metres (19.7 feet).
Garage and Accessory Building
-
0.6 metres (2.0 feet), except where vehicle doors face a
lane 3.0 metres (9.8 feet).
Garage Roof Overhang
-
0.3 metres (1.0 feet).
Side Yard Setback
Dwellings
- 1.5 metres (4.9 feet).
Garage and Accessory Building
-
1.5 metres (4.9 feet), except where vehicle doors face a
lane 3.0 metres (9.8 feet).
Garage Roof Overhang
-
0.3 metres (1.0 feet).
Landscaping
All yards shall be landscaped with trees, shrubs and planted
groundcover in accordance with plans approved by the
Development Authority. Notwithstanding any provisions of
this Bylaw to the contrary, as a condition of approval of a
development permit, all landscaping and planting required
must be carried out to the satisfaction of the Development
Authority within twelve months of occupancy or
commencement of operation of the development.
Parking
A two car parking area shall be provided to the rear, side or
front of the dwelling. Notwithstanding, in the case of a
dwelling fronting onto an arterial road, the parking area shall
access from the lane where one is provided.
Land Use Bylaw
Page 65
Section 66: R2 Residential Multi Family District
66.1
Purpose:
This district is generally intended to provide land for the development of higher density
housing within Sedgewick.
66.2
Uses:
66.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this District.
Site Coverage
50%.
Minimum Floor Area
Not less than 75 m² (810 ft²) for a one bedroom unit, and an
additional 11 m² (119 ft²) per unit for each bedroom in the unit
included thereafter.
Minimum Parcel Area
Dwelling, Duplex, Triplex, Fourplex and Rowhouse (Per Unit):
-
240 m² (2,592 ft²) per unit.
Dwelling, Apartment (Per Unit):
-
Shall be the greater of 555 m² (5,995 ft²); or 80 m² (864
ft²)/one bedroom unit; 95 m² (1,026 ft²)/two bedroom unit;
and 115 m² (1,242 ft²)/three bedroom unit.
Maximum Building Height
Dwelling, Duplex, Triplex, Fourplex and Rowhouse:
-
10.0 metres (32.8 feet) from grade to roof peak.
Dwelling, Apartment:
At the discretion of the Development Authority.
Garage and Accessory Building
-
4.0 metres (13.1 feet) from grade to roof peak, with a
maximum exterior wall height of 2.74 metres (9.0 feet).
Permitted Uses
Discretionary Uses
Accessory Building
Apartment
Dwelling, Duplex
Dwelling, Fourplex
Dwelling, Rowhouse
Dwelling, Triplex
Home Occupation
Public Assembly
Public Use
Assisted Living Facility
Basement Suite
- Dwelling, Single Detached
Dwelling, Single Detached - New
Construction
Dwelling, Single Detached
- Relocated not of New Construction
Group Care Facility
Sectional Home (new)
Utility Building
Similar Use
Land Use Bylaw
Page 66
Front Yard Setback
Dwelling
-
6.0 metres (19.7 feet).
Garage and Accessory Building
-
None in Front Yard.
Double Fronting Lots
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the
setback requirements of the Bylaw.
Rear Yard Setback
Dwelling
-
6.0 metres (19.7 feet).
Garage and Accessory Building
-
0.6 metres (2.0 feet), except where vehicle doors face a
lane 3.0 metres (9.8 feet).
Garage Roof Overhang
-
0.3 metres (1.0 feet).
Side Yard Setback
Dwellings
- 1.5 metres (4.9 feet).
Garage and Accessory Building
-
1.5 metres (4.9 feet), except where vehicle doors face a
lane 3.0 metres (9.8 feet).
Garage Roof Overhang
-
0.3 metres (1.0 feet).
Landscaping
All yards shall be landscaped with trees, shrubs and planted
groundcover in accordance with plans approved by the
Development Authority. Notwithstanding any provisions of
this Bylaw to the contrary, as a condition of approval of a
development permit, all landscaping and planting required
must be carried out to the satisfaction of the Development
Authority within twelve months of occupancy or
commencement of operation of the development.
Parking
A two car parking area shall be provided to the rear, side or
front of the dwelling. Notwithstanding, in the case of a
dwelling fronting onto an arterial road, the parking area shall
access from the lane where one is provided.
Land Use Bylaw
Page 67
Section 67: R3 Residential Sectional Home Subdivision District
67.1
Purpose:
To provide an area for and to regulate the development and use of land for sectional homes,
and other uses herein listed, which are compatible with a residential area on separately
registered parcels.
67.2
Uses:
67.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district.
Site Coverage
40%.
Minimum Floor Area
90 square metres (972 square feet).
Minimum Parcel Area
Interior Parcels - 460 square metres (4,968 square feet); and
Corner Parcels - 510 square metres (5,508 square feet).
Double Fronting Lots
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the
setback requirements of the Bylaw.
Front Yard Setback
Sectional Home
-
6.0 metres (19.7 feet).
Garage and Accessory Building
-
None in the Front Yard.
Rear Yard Setback
Sectional Home
-
6.0 m (19.7 feet) except on corner or double fronting lots.
Garage and Accessory Building
-
0.6 metres (2.0) feet, except where vehicle doors face a
lane 3.0 metres (9.8 feet).
Permitted Uses
Discretionary Uses
Accessory Building
Home Occupation
Sectional Homes < Eight (8) years of age
from the date of Development Permit
Application
Public Assembly
Public Use
Sectional Homes > Eight (8) years of age
from the date of Development Permit
Application
Utility Building
Similar Use
Land Use Bylaw
Page 68
Side Yard Setback
Sectional Home
In the case of roadway and lane systems:
- 1.5 metres (4.9 feet).
In the case of laneless systems:
- 3.0 metres (9.8 feet).
Garage and Accessory Building
In the case of roadway and lane systems:
-
1.5 metres (4.9 feet), except where vehicle doors face a
lane 3.0 metres (9.8 feet).
Garage Roof Overhang
-
0.3 metres (1.0 feet).
Landscaping
All yards shall be landscaped with trees, shrubs and planted
groundcover in accordance with plans approved by the
Development Authority. Notwithstanding any provisions of
this Bylaw to the contrary, as a condition of approval of a
development permit, all landscaping and planting required
must be carried out to the satisfaction of the Development
Authority within twelve months of occupancy or
commencement of operation of the development.
Parking
A two car parking area shall be provided to the rear, side or
front of the dwelling. Notwithstanding, in the case of a
dwelling fronting onto an arterial road, the parking area shall
access from the lane where one is provided.
Land Use Bylaw
Page 69
Section 68: R4 Residential Low Density District
68.1
Purpose:
To provide an area for low density residential development in the form of detached dwellings
and compatible uses, herein listed, which are connected to the municipal water and sewer
system.
68.2
Uses:
68.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district.
Site Coverage
10%.
Floor Area
100 m² (1,080 ft²)
Minimum Parcel Area
0.2 hectares (0.5 acres)
Maximum Parcel Area
0.4 hectares (1.0 acres)
Maximum Building Height
Dwelling
10.0 m (32.8 feet) from grade to roof peak.
Garage and Accessory Building
4.0 metres (13.1 feet) from grade to roof peak, with a
maximum exterior wall height of 2.74 metres (9.0 feet).
Front Yard Setback
Dwelling
10.0 m (32.8 ft)
Garage and Accessory Building
None in Front Yard.
Double Fronting Lots
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the
setback requirements of the Bylaw.
Permitted Uses
Discretionary Uses
Accessory Building
Dwellings, Single Detached
Home Occupation
Public Use
Utility Building
Similar Use
Land Use Bylaw
Page 70
Side Yard Setback
Dwelling
1.5 m (4.9 ft) except where it abuts a public roadway 3.0 m
(9.8 ft), or as required by the Alberta Building Code,
whichever is greater.
Garage and Accessory Building
-
1.5 metres (4.9 feet), except where vehicle doors face a
lane 3.0 metres (9.8 feet).
Garage Roof Overhang
-
0.3 metres (1.0 feet).
Rear Yard Setback
Dwelling
15.0 m.
Garage and Accessory Building
-
0.6 metres (2.0 feet), except where vehicle doors face a
lane 3.0 metres (9.8 feet).
Garage Roof Overhang
-
0.3 metres (1.0 feet).
Parking
A two car parking area shall be provided to the rear, side or
front of the dwelling. Notwithstanding, in the case of a
dwelling fronting onto an arterial road, the parking area shall
access from the lane where one is provided.
Building Orientation
Notwithstanding the foregoing regulations, all buildings shall
be oriented and located to facilitate re-subdivision into
residential parcels, roughly equivalent to those required in the
R1 District.
Land Use Bylaw
Page 71
Section 69: C1 Commercial Central District
69.1
Purpose:
To provide for an area for intensive commercial use, offering a wide variety of goods and
services and other uses, herein listed, which are compatible with the area, which will create an
attractive environment for pedestrians, but which will be accessible to motor vehicles.
69.2
Uses:
Permitted Uses
Discretionary Uses
Automobile Supply Store
Bank / Financial Institution
Clinic
Convenience Food Store
Contracting Services - Minor
Dry Cleaning and Laundry Depot / Plant
Dwelling Units Above Ground Floor Business
Florist Shop
Food and/or Beverage Service Facility
Handicraft Business
Laundromat
Light Equipment Repair / Rental
Office Building
Personal Service Shop
Pharmacy
Public Use
Restaurant
Restaurant - Drive Thru
Restaurant - Takeout / Delivery
Retail Store
Sign
Supermarket
Accessory Use
Apartment
Automobile Repair Garage
Building Demolition
Communication Tower
Parking Facility
Recreation Facility
Recycling Depot
Taxi / Bus Depot
Temporary Mobile Commercial Sales
Vehicle Wash
Utility Building
Similar Use
Land Use Bylaw
Page 72
69.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district.
Site Coverage
100%
Site Area
140 m² (1,512 ft²) with a width of not less than 7.5 metres
(24.6 feet).
Maximum Building Height
10.0 metres (32.8 feet) without approval of the Development
Authority.
Front Yard Setback
Nil.
Side Yard Setback
Nil, except where abutting a residential street 2.0 metres (6.6
feet). As per the building code, side yards of less than 2.0
metres (6.6 feet) requires non-combustible construction.
Rear Yard Setback
3.0 metres (9.8 feet) to provide for loading and solid waste
disposal.
Accessory Buildings
Shall be 3.0 metres (9.8 feet) from the main building.
Access
Each parcel shall have access to a lane at one side or the
rear.
Parking and Loading
Part 8 of this Bylaw.
Outdoor Storage and
Display
Outdoor storage and display is not permitted except sidewalk
sales. Garbage storage shall be confined to a designated
area, and shall not have an adverse affect on the use or
circulation on the parcel or adjacent parcels.
Dwelling Unit Entrance
Dwelling units shall have an entrance separate for the
entrance to any commercial component of the building.
Land Use Bylaw
Page 73
Section 70: LIB Light Industrial Business District
70.1
Purpose:
To provide an area for planned light industrial business parks containing clean industrial uses
with compatible commercial uses.
70.2
Uses:
Permitted Uses
Discretionary Uses
Automobile and RV Sales and Rental
Automobile Service Station
Automobile Supply Store
Bank / Financial Institution
Caterer
Clinic
Convenience Food Store
Contracting Services - Minor
Farm Supply Store
Florist Shop
Food and/or Beverage Service Facility
Gas Bar
Handicraft Business
Hotel
Laundromat
Light Equipment Repair / Rental
Motel
Office Building
Personal Service Shop
Pharmacy
Public Use
Restaurant - All Types
Retail Store
Shopping Centre
Sign
Supermarket
Theatre - Movie
Truck and Sectional Home Sales and
Rental
Truck Stop
Veterinary Clinic
Warehouse Store
Abattoir
Accessory Use
Auction Mart
Autobody and Repair Shop
Automobile Repair Garage
Bottled Gas Sales and Storage
Caretaker's Residence
Communication Tower
Concrete Manufacturing/Plant
Contracting Services - Major
Dry Cleaning and Laundry Plant / Depot
Dwelling Units Above Ground Floor Business
Feed Mills and Grain Elevators
Gaming or Gambling Establishment
Industry/Manufacturing - Small Scale
Laboratory
Livestock Auction Mart
Oilfield Support Services
Parking Facility
Propane Transfer Facility
Recreational Amusement Park
Recreation Facility
Recycling Depot
Research Facility
Seed Cleaning Plant
Tanker Truck Washing Facility
Taxi / Bus Depot
Temporary Mobile Commercial Sales
Transport/Truck Operation
Truck and Sectional Home Sales and Rental
Truck Stop
Utility Building
Vehicle Wash
Similar Use
Land Use Bylaw
Page 74
70.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district.
Minimum Parcel Area
0.4 hectares (1.0 acres).
Minimum Parcel Frontage
30 metres (98.4 feet).
Maximum Building Height
10.0 metres (32.8 feet) without approval of the Development
Authority.
Front Yard Setback
9.0 metres (29.5 feet).
Side Yard Setback
3.0 metres (9.8 feet).
Rear Yard Setback
3.0 metres, except where abutting a residential district 7.5
metres (24.6 feet).
Landscaping
When a development is proposed adjacent to a residential
land use district, a public park, or a recreational uses, a buffer
shall be provided and maintained to the satisfaction of the
Development Authority. The buffer may be comprised of any
or all of the following: landscaped greenspace; closed or
open fencing; trees; and earth berming.
Parking and Loading
Part 8 of this Bylaw.
Outdoor Storage
All outdoor storage shall be screened.
All outdoor display shall be screened from residential districts.
Storage is not allowed in front yard.
Garbage storage shall not have an adverse impact on the
use or circulation on the parcel or adjacent parcels.
Land Use Bylaw
Page 75
Section 71: P Parks District
71.1
Purpose:
To establish an area for the use and development of public parks to meet the active or
passive recreational and leisure pursuits at the local, neighbourhood, municipal and district
level.
71.2
Uses:
Permitted Uses
Discretionary Uses
Accessory Building and Accessory Use
Park
Recreational Facility
Public Utility Building
Public and Quasi Public Use
Similar Uses
71.3
Site Regulations:
All site and development regulations shall be at the discretion of the Development Officer or
Municipal Planning Commission. The design, siting, landscaping, screening and buffering
shall be considered in order to minimize and compensate for any objectionable aspects or
potential incompatibility with development in abutting districts and land uses.
Parking and Loading
Part Eight of this Bylaw.
Signs
Part Nine of this Bylaw.
Land Use Bylaw
Page 76
Section 72: I Institutional District
72.1
Purpose:
To provide for an area for the development of public land, which are compatible with the
adjacent surroundings.
72.2
Uses:
72.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district.
Site Coverage
40%
Floor Area
n/a
Minimum Parcel Area
n/a
Maximum Building Height
10.0 metres (32.8 feet) without approval of the Development
Authority.
Front Yard Setback
Equal to or greater than the building height.
Side Yard Setback
Equal to or greater than the building height.
Rear Yard Setback
Equal to or greater than the building height.
Parking
Section 54 of this Bylaw.
Accessory Buildings
Section 33 of this Bylaw.
Permitted Uses
Discretionary Uses
Campground
Community Hall
Day Care Facility
Golf Course
Institutional Use
Museum
Nursing Home
Park
Public Use
School
Signs (Public)
Accessory Use
Building Demolition
Cemetery
Communication Tower
Lagoon
Parking Lot (public)
Public Assembly
Recreation Facility
Trade/Commercial School
Utility Building
Similar Use
Land Use Bylaw
Page 77
Section 73: UR Urban Reserve District
73.1
Purpose:
To reserve those areas of the municipality which are rural in character or land use for urban
development until such time as a subdivision plan has been accepted in principle or approved
for other specific uses not permitted in this district. The reclassification of land to other land
use districts will normally occur subsequent to the acceptance of an Area Structure Plan
where one is required by Council, and subsequent to the approval of subdivisions proposed.
73.2
Uses:
Permitted Uses
Discretionary Uses
Single Detached Dwelling on Existing Parcel
Greenhouse or Plant Nursery
Kennel
Natural Resource Development
Temporary Use or Building which in the
opinion of the Municipal Planning
Commission will not prejudice the
possibility of conveniently and
economically replotting or developing the
area in the future
Farming
73.3
Site Regulations:
All site regulations shall be at the discretion of the Municipal Planning Commission.
Land Use Bylaw
Page 78
Section 74: DC Direct Control District
74.1
Purpose:
To provide for developments that, due to their unique characteristics, innovative ideas or
because of unusual site constraints, require specific regulations unavailable in other land use
districts. This district is not intended to be used in substitution for any other land use district in
this Bylaw that could be used to achieve the same result.
74.2
Uses:
Land uses and buildings will be subject to the approval of Council.
74.3
Regulations:
(a) All site requirements shall be at the discretion of Council, based upon a review of the
merits of the development proposal and the relevant land use planning considerations.
(b) All development shall conform to the Town of Sedgewick Municipal Development Plan.
(c) Council may refer to other sections of this bylaw to determine requirements for specific
types of proposed land uses on property zoned under this District. However Council is
not bound by any other provisions of this bylaw other than those under this District.
(d) When deciding a development permit application, Council shall consider the following:
- The existing and future land use of neighbouring properties;
- The suitability of the site for the proposed use;
- The provision of municipal or on-site services such as water and sewer; and
- Any considerations which are unique to the proposed development.
(e) Council may decide on other requirements as are necessary, having regard to the nature
of the proposed development.
Land Use Bylaw
Page 79
Schedule "A": Land Use District Map