Smoky Lake County Land Use Bylaw - Bylaw 1272-14 Consolidation 1.14
Smoky Lake County, Alberta
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LAND USE BYLAW 1272-14: Current to August 3rd, 2023
CONSOLIDATED FOR CONVENIENCE ONLY
This is a consolidation of the bylaws below. The amendment bylaws have been combined
with the original bylaw for convenience only. This consolidation is not a legal document.
Certified copies of the original bylaws should be consulted for all interpretations and
applications of the bylaws on this subject.
Iteration
BYLAW
No.
Subject
EFFECTIVE DATE
0.1
1275-15
NE 34-59-13-W4M (Bonnie Lake)
Rezoning from AG to R2
January 29, 2015
0.2
1298-16
Métis Crossing Amendments
February 23, 2017
0.3
1322-18
Cannabis Amendments
September 20, 2018
0.4
1323-18
Plan 0325361, Block 1, Lot 1
Rezoning from AG to M1
December 6, 2018
0.5
1327-18
Plan 1821256, Block 6, Lot 1 (Bonnie Lake)
Rezone from AG to R1
December 6, 2018
0.6
1341-19
SE 8-60-19-W4M
Rezoning from AG C1
March 28, 2019
0.7
1348-19
Telecommunications Amendments
June 27, 2019
0.8
1381-20
Boutique Accommodations & Hotels Amendments
August 10, 2020
0.9
1386-20
Shipping Containers, Recreational Vehicles and
Campsites, Tiny Homes Amendments
January 28, 2021
0.10
1415-22
Plan 1423459, Block 1, Lot 1
Rezone from AG to C2
May 26, 2022
0.11
1419-22
Rezoning 70 Parcels to Community and Institutional
(P) District
October 26, 2022
0.12
1433-23
Remove certain private RV Provisions.
April 27, 2023
0.13
1436-23
Major Alternative Energy
June 1, 2023
0.14
1437-23
Hamlet Chickens
August 3, 2012
Smoky Lake County
Land Use Bylaw
BYLAW 1272-14
Adopted: December 4, 2014
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TABLE OF CONTENTS
GUIDE TO USING THE SMOKY LAKE COUNTY LAND USE BYLAW .................................................... 1
LAND USE BYLAW ............................................................................................................................ 2
1
GENERAL ADMINISTRATIVE PROCEDURES .............................................................................. 2
1.1
TITLE .............................................................................................................................. 2
1.2
SCOPE ............................................................................................................................ 2
1.3
PURPOSE ........................................................................................................................ 2
1.4
METRIC AND IMPERIAL MEASUREMENT ....................................................................... 2
1.5
COMPLIANCE WITH OTHER LEGISLATION ..................................................................... 2
1.6
REPEAL ........................................................................................................................... 3
1.7
INTERPRETATION/DEFINITIONS .................................................................................... 3
1.8
DEFINITIONS NOT PROVIDED ...................................................................................... 41
1.9
DEVELOPMENT AUTHORITY ........................................................................................ 42
1.10
DEVELOPMENT AUTHORITY OFFICER .......................................................................... 42
1.11
MUNICIPAL PLANNING COMMISSION ......................................................................... 42
1.12
SUBDIVISION AUTHORITY ............................................................................................ 43
1.13
SUBDIVISION AND DEVELOPMENT APPEAL BOARD .................................................... 43
1.14
COUNCIL ...................................................................................................................... 43
2
DEVELOPMENT PERMITS, RULES, AND PROCEDURES ........................................................... 44
2.1
CONTROL OF DEVELOPMENT ...................................................................................... 44
2.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ...................................... 44
2.3
NON-CONFORMING BUILDINGS AND USES ................................................................ 47
2.4
GENERAL DEVELOPMENT PERMIT APPLICATION REQUIREMENTS ............................. 48
2.5
INDUSTRIAL DEVELOPMENT PERMIT APPLICATION REQUIREMENTS ......................... 50
2.6
COMMERCIAL & RECREATION DEVELOPMENT PERMIT APPLICATION REQUIREMENTS
52
2.7
NATURAL RESOURCE EXTRACTION DEVELOPMENT PERMIT REQUIREMENTS ........... 52
2.8
EXCAVATION AND STRIPPING OF LAND DEVELOPMENT PERMIT REQUIREMENTS .... 55
2.9
WIND ENERGY CONVERSION SYSTEM DEVELOPMENT PERMIT REQUIREMENTS ....... 55
2.10
REFERRAL OF APPLICATION ......................................................................................... 58
2.11
DECISIONS ON DEVELOPMENT PERMIT APPLICATIONS .............................................. 58
2.12
POWERS OF VARIANCE ................................................................................................ 60
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2.13
VALIDITY OF DEVELOPMENT PERMITS ........................................................................ 61
2.14
NOTICE OF DECISION ................................................................................................... 61
2.15
COMMENCEMENT AND COMPLETION ........................................................................ 62
2.16
DEVELOPER'S RESPONSIBILITY .................................................................................... 62
2.17
ON-SITE AND OFF-SITE SERVICES AND IMPROVEMENTS ............................................ 62
3
APPEALS ................................................................................................................................. 65
3.1
DEVELOPMENT APPEALS AND PROCEDURES .............................................................. 65
3.2
APPEAL HEARING PROCEDURE .................................................................................... 66
3.3
DECISION ..................................................................................................................... 66
4
AMENDMENT TO THE LAND USE BYLAW .............................................................................. 68
4.1
APPLICATION TO AMEND THE LAND USE BYLAW ....................................................... 68
5
ENFORCEMENT, PENALTIES, AND FINES ............................................................................... 71
5.1
CONTRAVENTION AND STOP ORDERS......................................................................... 71
5.2
ENFORCEMENT ............................................................................................................ 72
5.3
VIOLATION TICKETS AND FINES ................................................................................... 73
6
GENERAL PROVISIONS ........................................................................................................... 74
6.1
ACCESSORY BUILDINGS ............................................................................................... 74
6.2
CONFINED FEEDING OPERATIONS AND MANURE STORAGE FACILITIES ..................... 76
6.3
CORNER AND DOUBLE FRONTING LOTS ...................................................................... 76
6.4
CORNER SITES AND SITE LINE PROTECTION ................................................................ 77
6.5
DESIGN, CHARACTER AND APPEARANCE OF BUILDINGS ............................................ 79
6.6
DEVELOPMENT AND ACCESS PERMIT REQUIREMENTS ADJACENT TO MUNICIPAL
ROADS AND HIGHWAYS ............................................................................................................ 79
6.7
DEVELOPMENT NEAR INTERSECTIONS AND ROAD CURVES ....................................... 79
6.8
DEVELOPMENT SETBACK REQUIREMENTS .................................................................. 81
6.9
DWELLING UNITS ON A PARCEL .................................................................................. 82
6.10
EXISTING SUBSTANDARD LOTS .................................................................................... 83
6.11
LANDSCAPING ............................................................................................................. 83
6.12
OBJECTS PROHIBITED OR RESTRICTED IN YARDS ........................................................ 84
6.13
PARKING AND LOADING REGULATIONS ...................................................................... 85
6.14
PIPELINE AND OTHER UTILITY CORRIDOR SETBACKS .................................................. 90
6.15
PROJECTIONS INTO YARDS .......................................................................................... 90
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6.16
SIGN REGULATIONS ..................................................................................................... 91
6.17
SITE CONDITIONS & BUFFERING REQUIREMENTS ...................................................... 93
6.18
SITE PROTECTION FROM EXPOSURE HAZARDS ........................................................... 95
6.19
SUBDIVISION OF LAND ................................................................................................ 95
6.20
WATER SUPPLY/SANITARY FACILITIES AND NATURAL GAS ......................................... 96
7
SPECIAL PROVISIONS ............................................................................................................. 96
7.1
BARE LAND CONDOMINIUMS ..................................................................................... 96
7.2
BASIC CAMPGROUNDS .................................................... Error! Bookmark not defined.
7.3
CANNABIS PRODUCTION AND DISTRIBUTION ............................................................. 96
7.4
CANNABIS RETAIL SALES ESTABLISHMENTS ................................................................ 99
7.5
BED AND BREAKFAST OPERATIONS ........................................................................... 100
7.6
COMMERCIAL DEVELOPMENT IN THE AGRICULTURE (AG) DISTRICT ....................... 101
7.7
CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN ..................................... 101
7.8
DAY USE AND PICNIC AREAS...................................................................................... 101
7.9
FENCES/WALLS/HEDGES ........................................................................................... 126
7.10
GARAGE SUITES ......................................................................................................... 126
7.11
HOME OCCUPATIONS ................................................................................................ 127
7.12
INDUSTRIAL DEVELOPMENTS .................................................................................... 129
7.13
IN-LAW SUITE ............................................................................................................ 130
7.14
MANUFACTURED HOME PARKS ................................................................................ 131
7.15
MANUFACTURED HOMES.......................................................................................... 132
7.16
MOTELS ..................................................................................................................... 134
7.17
MULTI-DWELLING DEVELOPMENTS .......................................................................... 135
7.18
NATURAL RESOURCE EXTRACTION INDUSTRIES ....................................................... 136
7.19
PET KEEPING, LIVESTOCK AND KENNELS ................................................................... 137
7.20
PLACES OF WORSHIP ................................................................................................. 138
7.21
PRIVATE LIQUOR STORE AND STORAGE FACILITIES .................................................. 138
7.22
RECREATIONAL USES ................................................................................................. 138
7.23
RECREATIONAL VEHICLE CAMPGROUNDS ................................................................ 138
7.24
RECREATIONAL VEHICLE PARKS ................................................................................ 139
7.25
RECREATIONAL VEHICLES ................................................ Error! Bookmark not defined.
7.26
RECREATIONAL VEHICLES LOCATED IN RECREATIONAL VEHICLE CAMPGROUNDS .. 140
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7.27
RELOCATION OF BUILDINGS OTHER THAN MANUFACTURED HOMES ..................... 140
7.28
RESIDENTIAL CLUSTER CONSERVATION DESIGN REQUIREMENTS ............................ 141
7.29
RESIDENTIAL CLUSTER CONSERVATION USES ........................................................... 146
7.30
RESIDENTIAL USES ..................................................................................................... 151
7.31
SATELLITE DISH ANTENNAS AND COMMUNICATION TOWERS ................................. 152
7.32
SECONDARY SUITES ................................................................................................... 153
7.33
SERVICE STATIONS AND GAS STATIONS .................................................................... 154
7.34
SHIPPING CONTAINERS ............................................................................................. 155
7.35
SOLAR ENERGY COLLECTION SYSTEMS ..................................................................... 155
7.36
SURVEILLANCE SUITES ............................................................................................... 156
7.37
VEHICLE WASHING ESTABLISHMENTS....................................................................... 157
7.38
WIND CONVERSION SYSTEMS, LARGE ............................. Error! Bookmark not defined.
7.39
WIND CONVERSION SYSTEMS, MICRO ............................ Error! Bookmark not defined.
7.40
WIND CONVERSION SYSTEMS, SMALL ............................ Error! Bookmark not defined.
7.41
WORKCAMPS ............................................................................................................. 157
8
LAND USE DISTRICTS............................................................................................................ 159
8.1
ESTABLISHMENT OF DISTRICTS AND LAND USE DISTRICT MAP ................................ 159
8.2
AGRICULTURE (AG) DISTRICT .................................................................................... 161
8.3
VICTORIA AGRICULTURE (A1) DISTRICT ..................................................................... 167
8.4
MULTI-LOT COUNTRY RESIDENTIAL (R1) DISTRICT ................................................... 174
8.5
RESIDENTIAL (CLUSTER) CONSERVATION (R2) DISTRICT ........................................... 179
8.6
VICTORIA RESIDENTIAL (R3) DISTRICT ....................................................................... 184
8.7
HAMLET GENERAL (HG) DISTRICT ............................................................................. 189
8.8
HIGHWAY COMMERCIAL (C1) DISTRICT .................................................................... 196
8.9
VICTORIA COMMERCIAL (C2) DISTRICT ..................................................................... 200
8.10
INDUSTRIAL (M1) DISTRICT ....................................................................................... 204
8.11
RURAL INDUSTRIAL (M2) DISTRICT............................................................................ 208
8.12
COMMUNITY AND INSTITUTIONAL (P) DISTRICT ...................................................... 211
8.13
DIRECT CONTROL (DC) DISTRICT ............................................................................... 212
8.14
DIRECT CONTROL LANDFILL (DC1) DISTRICT ............................................................. 213
9
OVERLAYS ............................................................................................................................ 214
9.1
ENVIRONMENTALLY SENSITIVE AREAS OVERLAY ...................................................... 214
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9.2
HERITAGE AREA OVERLAY ......................................................................................... 215
10
APPENDIX A SRD Recommended Guidelines for Minimum ER ...................................... 217
11
APPENDIX B MAPS (Maps 11.1-11.5) ............................................................................. 219
11.1
LUB Section Map 1.1 ................................................................................................. 220
11.2
LUB 1.2 ....................................................................................................................... 221
11.3
LUB 1.3 ....................................................................................................................... 222
11.4
LUB Section Map 1.4 ................................................................................................. 223
11.5
LUB 1.5 ....................................................................................................................... 224
11.6
INSET MAPS ............................................................................................................... 225
11.6.1 A-1 - Hanmore Holdings ........................................................................................... 225
11.6.2 A-2 - Haynes Estate Subdivision ............................................................................... 226
11.6.3 A-3 - Mons View Resort & Mons Lake Estates .......................................................... 227
11.6.4 A-4 - Sandy Lane Park ............................................................................................... 228
11.6.5 A-5 - Wayetenau Subdivision .................................................................................... 229
11.6.6 A-6 - Bonnie Lake Resort........................................................................................... 230
11.6.7 A-7 - Garner Lake Subdivisions ................................................................................. 231
11.6.8 A-8 - Garner Lake Subdivisions ................................................................................. 232
11.6.9 A-9 - Hamlet of Bellis ................................................................................................ 233
11.6.10 A-10 - Hamlet of Spedden ........................................................................................ 234
11.6.11 A-11 - Hamlet of Edwand .......................................................................................... 235
11.6.12 A-12 - Hamlet of Warspite ........................................................................................ 236
11.6.13 A-13 - W ½ 20-60-17-W4 & NW 17-60-17-W4 ......................................................... 237
11.6.14 A-14 - Pt. SE 20-59-15-W4 ........................................................................................ 238
11.6.15 A-15 - Wishing Well Estates & Area .......................................................................... 239
11.6.16 A-16 - Hillside Acres, Whitefish Properties and Paradise Cove ................................ 240
11.6.17 A-17 - E ½ SW 28-59-17-W4...................................................................................... 241
11.6.18 A-18 - North of the Village of Waskatenau ............................................................... 242
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Table of Figures
Figure 1: Adjacent Land Rural Area Example .................................................................................. 4
Figure 2: Adjacent Land Hamlet and Multi-Lot Country Residential Area Example ....................... 5
Figure 3: Minimum Buffering Requirements ................................................................................. 10
Figure 4: Side-by-Side Duplex or Semi-detached Dwelling ........................................................... 16
Figure 5: Vertical Duplex ............................................................................................................... 16
Figure 6: Single Detached Dwelling ............................................................................................... 17
Figure 7: Building Height ............................................................................................................... 22
Figure 8: Diagram illustrating different lot definitions .................................................................. 27
Figure 9: Setback Definition Diagram A ......................................................................................... 35
Figure 10: Setback Definition Diagram B ....................................................................................... 35
Figure 11: Canopy Sign .................................................................................................................. 36
Figure 12: Fascia Sign .................................................................................................................... 37
Figure 13: Freestanding Sign ......................................................................................................... 37
Figure 14: Roof Sign ....................................................................................................................... 38
Figure 15: Temporary/Portable Sign ............................................................................................. 38
Figure 16: Yard Definitions ............................................................................................................ 41
Figure 17: Side Yard Setback on Corner Lots ................................................................................. 77
Figure 18: Corner Site Line Protection .......................................................................................... 78
Figure 19: Building and Access Setback Requirements Near Curves ............................................ 80
Figure 20: Development Setback at the Intersection of Two Local Roads .................................... 81
Figure 21: Minimum Off-Street Parking Requirements ................................................................ 86
Figure 22: Cluster Conservation Subdivision Example #1 ........................................................... 149
Figure 23: Cluster Conservation Subdivision Example #2 ........................................................... 149
Figure 24: Side and Rear Yard Setbacks in Hillside Acres ............................................................ 177
Table of Tables
Table 1: Siting of Accessory Building Including Attached Garages ................................................ 74
Table 2: Parking Stall Requirements .............................................................................................. 85
Table 3: Parking Requirements for Residential Uses..................................................................... 87
Table 4: Parking Requirements for Commercial Uses ................................................................... 88
Table 5: Parking Requirements for Public Assembly Uses ............................................................ 88
Table 6: Parking Requirements for Schools ................................................................................... 88
Table 7: Parking Requirements for Industrial Uses ....................................................................... 88
Table 8: Parking Requirements for Hospitals and Similar Uses..................................................... 88
Table 9: Loading Space Requirements .......................................................................................... 89
Table 10: Site Requirements for Motels ...................................................................................... 134
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GUIDE TO USING THE SMOKY LAKE COUNTY LAND USE BYLAW
The Land Use Bylaw establishes the regulations on how land can be developed (that is, how land can be
used and buildings can be either constructed or moved in) in Smoky Lake County. Regulations vary
depending on the location and types of development. Other Bylaws or regulations of the County, Province,
or Federal Government also have to be followed.
There are several parts of the Land Use Bylaw that need to be examined to understand how it works.
Firstly, the Land Use Bylaw maps divide the County into various Land Use District. Secondly, the text of the
Land Use Bylaw details the uses that are allowed in each District. Thirdly, the text provides additional
regulations that apply to certain uses and/or within certain Districts. The following steps may assist the
user:
1.
Locate the subject property on the Land Use District maps. These maps divide the County into
various Land Use Districts. Each Land Use District has a designation such as "AG" for
AGRICULTURE or "R1" for COUNTRY RESIDENTIAL. Take note of which Land Use District the
subject property is located in. Also note if the subject property is affected by an Area Structure
Plan which may modify some of the uses and regulations of the land Use Bylaw or impose
additional regulations.
2.
Check the table of contents and locate the Land Use District you are interested in. Each Land Use
District is listed alphabetically starting in Section 8. In each Land Use District you will find a list of
permitted and discretionary uses, subdivision regulations, development regulations and other
miscellaneous regulations. This determines how and what can be developed in any given Land
Use District. There are definitions in Section 1.7 that should also be consulted to ensure that
words and terms used in the Land Use Bylaw are understood.
3.
Review the table of contents to see if there might be any general regulations that apply to the
situation or use in question. For example, Section 5 describes the enforcement procedure.
Section 6.1 contains general regulations about accessory buildings and Section 7.9 contains
general regulations about Home Occupations, just to name a few.
4.
Discuss your proposal/concern with Planning and Development staff. Staff are well trained and
eager to assist you with your development/subdivision or general inquiry issues and explain
procedures. They can also assist with other situations such as enforcement or a Land Use Bylaw
amendment.
NOTE: THIS PAGE IS INTENDED ONLY TO ASSIST USERS AND DOES NOT FORM PART OF
THIS BYLAW.
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LAND USE BYLAW
Pursuant to the Municipal Government Act, R.S.A. 2000, as amended, the Council of Smoky Lake County,
duly assembled, herby enacts as follows:
1
GENERAL ADMINISTRATIVE PROCEDURES
1.1
TITLE
1.
The title of this Bylaw shall be the "Land Use Bylaw of Smoky Lake County."
1.2
SCOPE
1.
No development shall be permitted within the boundaries of Smoky Lake County except in
conformity with the provisions of this Bylaw.
1.3
PURPOSE
The purpose of this Bylaw is to regulate and control the use and development of land and buildings within
the municipality to achieve the orderly and economic development of land, and for that purpose, among
other things:
1.
To divide the municipality into land use districts;
2.
To prescribe and regulate the use(s) for each land use district;
3.
To establish a method for making decisions on development permit applications and issuing
development permits;
4.
To prescribe the manner in which notice is to be given of the issuance of a development permit;
5.
To implement the policies of the statutory plans of Smoky Lake County;
6.
To establish supplementary regulations governing certain specific land uses; and
7.
To establish the procedures for making amendments to this Bylaw.
1.4
METRIC AND IMPERIAL MEASUREMENT
1.
Whenever measurements are presented in this Bylaw, metric values are used and shall take
precedence. Imperial equivalents, provided in parenthesis, are approximate and intended for
information only.
1.5
COMPLIANCE WITH OTHER LEGISLATION
1.
In addition to the requirements of this Bylaw, an applicant must comply with any Federal,
Provincial, or Municipal legislation including requirements of a Development Permit or Agreement.
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The applicant/landowner must also comply with the conditions of any easement or covenant which
affects the development or subdivision.
1.6
REPEAL
1.
This Bylaw comes into force on receiving third and final reading by Council and repeals Land Use
Bylaw 1250-12 and any resolutions made thereunder or amendments thereto, which shall cease to
have effect on the day this Bylaw comes into force.
1.7
INTERPRETATION/DEFINITIONS
In this Bylaw: the following words, terms, and phrases, wherever they occur in this Bylaw, shall have the
meaning assigned to them as follows:
1.
"Abandoned farmstead" means a farmyard which was once established and which contains
three (3) or more of the following: an abandoned residence, a developed potable water source,
an established sewage collection system, an existing shelterbelt or any other features which
would indicate a previous developed farmstead;
2.
"Accessory building" means a building, separate from the main building on the same parcel,
the use of which, the Development Authority decides, is subordinate or incidental to that of the
main building;
3.
"Accessory use" means a use of a building or land which the Development Authority decides is
subordinate or incidental to the main use of the parcel on which it is located;
4.
"Act" means the Municipal Government Act, R.S.A. 2000, as amended, and the regulations
pursuant thereto;
5.
"Adjacent land" means land that is contiguous, or would be contiguous if not for a river, stream,
railway, road, or utility right-of-way; and any other land identified in this Bylaw as adjacent land for
the purpose of notifications (see Figures 1 and 2);
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Figure 1: Adjacent Land Rural Area Example
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Figure 2: Adjacent Land Hamlet and Multi-Lot Country Residential Area Example
6.
"Agricultural operation" means an agricultural operation as defined in the Agricultural
Operations Practices Act;
7.
"Agricultural support services" means development providing products or services directly
related to the agricultural industry. Without restricting the generality of the foregoing, this shall
include such facilities as: livestock auction marts, grain elevators, feed mills, bulk fertilizer
distribution plants, bulk agricultural chemical distribution plants, bulk fuel plants, farm implement
dealerships, and crop spraying. This use does not include cannabis production and
distribution;
8.
"Agricultural use" means the non-intense use of lands, buildings, or structures for the
production of crops, animal husbandry, or other similar uses normally associated with agriculture,
but does not include cannabis production and distribution;
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9. "Alternative Energy, Commercial" means any system, device or structure that is used to collect
natural energy resources, such as the sun, wind, or geothermal, to generate thermal, electrical, or
mechanical energy to use as an alternative to fossil fuels and other non-renewable resources. Typical
examples are, but not limited to, commercial solar energy conversion systems, commercial wind
energy conversion systems, and commercial geothermal energy conversion systems. A commercial
alternative energy system is intended to provide power primarily for resale.
Under this definition, and for the purposes of this Bylaw, an 'Alternative Energy' system may require
an approval or authorization from the Alberta Utility Commission (AUC) as contemplated under Part
17, Division 1, Section 619 of the Municipal Government Act (MGA) RSA 2000 Ch. M-26, as
amended. Includes:
Geothermal Energy Conversion System, Commercial means a power generation facility
consisting of any system, device or structure that utilizes a heat pump to warm or cool air
by utilizing the constant temperatures of the Earth, to generate energy primarily for resale.
Solar Energy Conversion System, Commercial means a power generation facility
consisting of active or passive solar panels and related facilities. This system is connected
to the same substation or metering point used for the production of electrical power, and is
primarily for resale.
Wind Energy Conversion System, Commercial means multiple wind energy systems
developed to generate energy primarily for resale.
10. Alternative Energy, Personal means any system, device or structure that is used to collect natural
energy resources, such as the sun, wind, or geothermal, to generate thermal, electrical, or
mechanical energy to use as an alternative to fossil fuels and other non-renewable resources. Typical
examples are, but not limited to, personal solar energy conversion systems, personal wind energy
conversion systems, and personal geothermal energy conversion systems. A personal alternative
energy system is intended to provide power for onsite consumption requirements, either on or off-
grid, and may provide residual power to the grid but is not intended to produce power primarily for
resale. Includes:
Geothermal Energy Conversion System, Personal means a power generation facility
consisting of any system, device or structure that utilizes a heat pump to warm or cool air
by utilizing the constant temperatures of the Earth, to generate electrical power for onsite
consumption requirements, either on or off-grid, and may provide residual power to the grid
but is not intended to produce power primarily for resale.
Solar Energy Conversion System, Personal means a power generation facility
consisting of active or passive solar panels and related facilities. It is intended to provide
electrical power for onsite consumption requirements, either on or off-grid, and may provide
residual power to the grid but is not intended to produce power primarily for resale.
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Wind Energy Conversion System, Personal means a single wind energy conversion
system developed to generate electrical power for onsite consumption requirements, either
on or off-grid and may provide residual power to the grid but is not intended to produce
power primarily for resale. The system and supporting structure is less than 25 m (82 ft.) in
height.
11.
"Amenity area" means an area which shall be provided subject to the regulations of this Bylaw
and which must be developed for the active or passive recreation and enjoyment of the
occupants of a residential development. Such area may be for either private or communal use
and may be under either individual or common ownership;
12.
"Amenity area, Private outdoor" means an amenity area that shall be provided subject to
regulations in this Bylaw that:
A.
Must be developed for the active or passive recreation and enjoyment of the residents of a
specific dwelling unit; and
B.
Must be directly accessible from the dwelling unit it is intended to serve.
C.
Private outdoor amenity areas may include: landscaped areas, patios, balconies,
communal lounges, swimming pools, play areas and similar uses but does not include any
area occupied at grade by a building's service areas, parking lots, aisles, or access
driveways;
13.
"Amusement establishment, Indoor" means a development within any building, room or area
for entertainment activities where patrons are normally, but not necessarily, participants. Typical
uses include bingo, electronic games and gambling, but does not include indoor recreation
facilities;
14.
"Amusement establishment, Outdoor" means a development providing facilities for
entertainment and amusement activities which primarily take place outdoors, where patrons are
primarily participants. Typical uses include amusement parks, carnivals, go-cart tracks, miniature
golf, and motor-cross establishments;
15.
"Animal breeding and/or boarding facility" means an establishment for the keeping, breeding,
housing, exercising, training, and/or raising of 3 or more animals that are not livestock for profit or
gain, but shall not apply to the keeping of animals in a veterinary clinic for the purpose of
observation and/or recovery necessary to veterinary treatment;
16.
"Animal clinic" means the facility in which animals, birds or livestock are treated primarily on an
outpatient basis;
17.
"Animal hospital" means an establishment providing surgical or medical treatment or
examination of domestic pets entirely within a building;
18.
"Animal hospital, Large" means an establishment providing surgical or medical treatment or
examination of livestock. Services may be provided within a building or outdoors;
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19.
"Apartment" means a single building comprised of three or more dwelling units with shared
entrance facilities;
20.
"Area of copy" means the entire area within a single common continuous perimeter enclosing
the extreme limits of the advertising message, announcement or decoration on the sign, and shall
be for the purpose of area calculation be square or rectangular in shape;
21.
"Area Structure Plan" means a plan adopted by Council as an Area Structure Plan pursuant to
the Act;
22.
"Area Redevelopment Plan" means a plan adopted by Council as an Area Redevelopment Plan
pursuant to the Act;
23.
"Art, Craft, and Photography Studios" mean a development used for the purpose of small-
scale onsite production of goods by simple processes or hand manufacturing, primarily involving
the use of hand tools. Typical uses include pottery, ceramic and sculpture studios, custom jewelry
manufacturing and artist and photography studios.
24.
"Artisanal Use" means a development wherein at the discretion or judgment of the Development
Authority, a product or service is produced/provided/supplied/generated in limited quantities, and
of craft, superior, or gourmet quality.
25.
"Assembly plant" means a factory where manufactured parts are assembled into a finished
product;
26.
"Auctioneering facility" means a building, structure or lands used for the storage and/or sale of
goods and materials or livestock which are to be sold on the premises by public auction;
27.
"Automobile repair shop, Major" means the general repair, rebuilding, or reconditioning of
engines, motor vehicles, or trails such as collision service, body repair and frame straightening;
painting and upholstering; vehicle steam cleaning; and under coating;
28.
"Automobile repair shop, Minor" means the minor repairs including incidental replacement of
parts and motor service to passenger automobiles and trucks not exceeding one and one-half
tons' capacity;
29.
"Automobile sales" means a development used for the sale, service and rental of motor
vehicles, but does not include recreation vehicle sales or automotive body and paint service;
30.
"Bakery" means a shop where baked goods are produced and offered for sale on the premises
only, but does not include cannabis retail sales;
31.
"Bakery, large commercial" means a factory for producing, mixing, compounding or baking
bread, biscuits, ice cream cones, cakes, pies, buns or any other bakery product of which flour or
meal is the principal ingredient, but does not include cannabis retail sales, restaurants or
other premises where any such product is made for consumption on the premise;
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32.
"Bank" means an institution where money is deposited, kept, lent or exchanged;
33.
"Bare Land Condominium" means a condominium development containing Bare Land
Condominium Units, created specifically through subdivision and registered as a condominium
plan in accordance with the Condominium Property Act, RSA 2000, as amended;
34.
"Bare Land Condominium Unit" means a bare land unit as defined in the Condominium
Property Act, RSA 2000, as amended, that is land that is situated within a parcel and described
as a unit in a condominium plan;
35.
"Basement suite" refers to a self-contained dwelling unit within the basement of a single
detached dwelling;
36.
"Bed and breakfast establishment" means a development within a private, owner-occupied
dwelling which possesses a dwelling unit, where temporary sleeping accommodations, up to a
maximum of ten (10) bedrooms, with or without meals, are provided for remuneration to members
of the public for a period of fourteen (14) days or less at a time;
37.
"Bed sitting room unit" means a dwelling unit in which the sleeping and living areas are
combined and which in the opinion of the development authority, is not reasonably capable of
being developed as a unit containing 1 or more bedrooms;
38.
"Berm" means a landscaped earthen mound that is utilized to attenuate the noise and visual
effects of adjacent land uses and/or direct ground water flows as part of an engineered storm
water management system;
39.
"Boarding facility" means a residence offering sleeping rooms and meals, normally in exchange
for a fee, and where private cooking facilities are not available to the tenants;
40.
"Boutique Accommodation" means a development used for the provision of "Artisanal Use"
rooms or suites for temporary sleeping accommodation, where the rooms have access from a
common interior corridor and may be equipped with individual kitchen facilities. This Use may
include Accessory food and beverage facilities, meeting rooms, and Personal Services Shops.
41.
"Buffer" means berms, fencing and planting for the purpose of screening noise, views, dust,
sprays, and uses between properties where offsite impacts may occur (see Figure 3);
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Figure 3: Minimum Buffering Requirements
42.
"Building" means anything constructed or placed on, in, over or under land, but does not include
a highway or public roadway or a bridge forming part of a highway or public roadway;
43.
"Building supply and lumber outlet" means a building or structure in which building or
construction and home improvement materials area offered or kept for sale or rental and may
include the fabrication of certain materials related to home improvement;
44.
"Bulk fuel storage and sales" means lands, buildings and structures for the storage, distribution
of fuels and oils including retails sales and key lock operations;
45.
"Business office" means a building or part of a building in which 1 or more persons are
employed in the management, direction or conducting of a business or where professionally
qualified persons and their staff serve clients or patients who seek advice, consultation or
treatment and may include the administrative offices of a non-profit or charitable organization;
46. "Campground, minor" means an area which has been planned and improved for the seasonal
short-term occupancy of up to a maximum of six (6) holiday trailers, motor homes, tents, campers
or similar recreational vehicles, and is not used as a year-round storage, or accommodation for
residential use. Typical uses include tourist recreational vehicle parks, campsites and tenting
grounds and recreational activities, such as picnic grounds, boating facilities and playgrounds.
47. "Campground, intermediate" means an area which has been planned and improved for the
seasonal short-term occupancy of up to a maximum of nineteen (19) holiday trailers, motor homes,
tents, campers or similar recreational vehicles, and is not used as a year round storage, or
accommodation for residential use. Typical uses include tourist recreational vehicle parks,
campsites and tenting grounds and recreational activities, such as picnic grounds, boating facilities
and playgrounds.
48. "Campground, major" means an area which has been planned and improved for the seasonal
short term occupancy of more than twenty (20) holiday trailers, motor homes, tents, campers or
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similar recreational vehicles, and is not used as a year round storage, or accommodation for
residential use. Typical uses include tourist recreational vehicle parks, campsites and tenting
grounds and recreational activities, such as picnic grounds, boating facilities and playgrounds.
49. "Campground - recreational vehicle" means a development consisting of sites for the location of
four (4) or more recreational vehicles, to be used for overnight accommodation and may also
include a development consisting of two (2) or more camp sites used for tenting, including
accessory facilities that support the use, such as administration offices, laundry facilities,
washrooms, support recreational facilities, but not including the use of manufactured homes,
trailers or other forms of moveable shelter on a permanent year-round basis;
50.
"Cannabis" means cannabis as defined in the Cannabis Act, S.C. 2018, c. 16, as amended, or
replaced.
a. Cannabis includes:
i. Any part of a cannabis plant, including the phytocannabinoids produced by, or
found in, such a plant, regardless of whether that part has been processed or
not;
ii. Any substance or mixture of substances that contains or has on it any part of
such a plant;
iii. Any substance that is identical to any phytocannabinoid produced by, or found in,
such a plant, regardless of how the substance was obtained.
b. B. Cannabis does not include:
i. a non-viable seed of a cannabis plant;
ii. a mature stalk (without leaves, flowers, seeds, or branches) of a cannabis plant;
iii. fibre derived from a mature cannabis stalk as referred to in subsection (ii), above;
iv. the root or any part of the root of a cannabis plant;
v. industrial hemp
51.
"Cannabis accessory" means a thing that is commonly used in the consumption or production
of cannabis. A cannabis accessory includes, but is not limited to, rolling papers or wraps, holders,
pipes, water pipes, bongs and vaporizers;
52.
"Cannabis accessory retail sales" means a retail outlet which specializes in the sale of
cannabis accessories, drug paraphernalia related to consumption of cannabis, other recreational
drugs, and new age herbs, as well as counterculture art, magazines, music, clothing and home
décor. This does not include cannabis retail sales or cannabis production and distribution;
53.
"Cannabis lounge" means a development where the primary purpose of the facility is the sale of
cannabis to the eligible public, for the consumption within the premises that is authorized by
provincial or federal legislation. This use does not include cannabis production and distribution;
54.
"Cannabis, medical" means cannabis that is obtained for medical purposes in accordance with
applicable federal law;
55. "Cannabis production and distribution" means a development used principally for one or more
of the following activities relating to cannabis:
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a. The licenced production, cultivation, and growth of cannabis;
b. The licenced processing of raw materials;
c. The licenced making, testing, manufacturing, assembling, or in any way altering the
chemical or physical properties of semi-finished or finished cannabis goods or products;
d. The licenced storage or shipping of materials, goods, or products, or;
e. The licenced distribution and wholesale of materials, goods, and products to cannabis
retail sales stores;
56.
"Cannabis retail sales" means a licenced development used for the retail sales of cannabis that
is authorized by provincial or federal legislation. This use may include retail sales of cannabis
accessories, as defined in the Cannabis Act, S.C. 2018, c. 16, as amended or replaced. This use
does not include cannabis production and distribution;
57.
"Canopy" means a projection extending from the outside wall of a building normally for the
purpose of shielding a part of the building from the sun;
58.
"Car wash establishment" means a building used for the purpose of washing motor vehicles;
59.
"Carport" means a roofed structure used for storing or parking of motor vehicles and which has
not less than 40% of its perimeter open and unobstructed;
60.
"Cemetery" means land that is set apart or used as a place for the interment of the dead or in
which human bodies have been buried. A cemetery may also include a structure for the
purposes of cremation of human remains and may include facilities for storing ashes or human
remains that have been cremated or the interment of the dead in sealed crypts or compartments;
61.
"Child care facility" means an establishment licensed by the regional Child and Family Services
Authority intended to provide care, educational services and supervision for 7 or more children for
a period less than 24 hours at a time. This use includes group day care centres, out-of-school
centres, nursery or play schools, drop-in centres, and out-of-school care, but excludes day
homes;
62.
"Clinic" means a building or part of a building used for the medical, dental, surgical or
therapeutically treatment of human beings, but does not include a public or private hospital or a
professional office of a doctor located in his/her residence;
63.
"Club or lodge" means an association of persons, whether incorporated or not, united by some
common interest, meeting periodically for cooperation or conviviality. Club shall also mean, where
the context requires, premises owned or occupied by members or staff of such association within
which the activities of the club are conducted, but does not include a cannabis lounge;
64.
"Commercial use" means an outlet through which products or services are available to
consumers but does not include, highway commercial uses, the manufacturing of products,
convenience retail services, liquor sales/distribution services, auctioneering facilities or eating
establishments, but does not include cannabis retail sales;
65. "Communication Antenna System" means a tower/antenna and/or supporting structure
for the transmission and/or receiving of radio communication, including but not limited to
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radio and television transmission, two-way radio, land-mobile systems, fixed-point
microwave and amateur radio systems. Communication towers are governed under
Smoky Lake County Policy Statement 61.22: Schedule A - Telecommunication
Antenna System Siting Protocols."
66.
"Community hall" means a building or part of a building used for community activities without
purpose of gain;
67.
"Confined feeding operation" means a confined feeding operation as defined in the Agricultural
Operation Practices Act;
68.
"Convenience retail service" means development used for the retail sale of those goods
required by area residents or employees on a day to day basis, from business premises which do
not exceed 275.0 sq. m (2,960.0 sq. ft.) in gross floor area. Typical uses include: small food
stores, gas bars, drug stores and variety stores selling, confectionery, tobacco, groceries,
beverages, pharmaceutical and personal care items, hardware or printed matter. This use does
not include wholesale or retail liquor sales/distribution outlets or facilities, or cannabis
retail sales;
69.
"Corner" means the intersection of any two property lines of a parcel;
70.
"Cottage" means a small usually one (1) story house at a lake, or located in a recreation
community, owned or rented as a seasonal vacation home;
71.
"Council" means the Council of the Smoky Lake County;
72. "Country residence" means any development located in a rural area which is situated on a lot
used solely for private residential purposes and accessory uses and is not connected to municipal
sewer and water services. The dwelling unit may be occupied permanently or seasonally;
73.
"Cultural Facility" means development for display, storage, restoration or events related to art,
literature, music, education, history or science, and may incorporate restaurants, retail,
convention and recreational facilities as accessory uses. This term refers to uses such as art
galleries, libraries, auditoriums, museums, archives and interpretive centers.
74.
"Curb cut" means the lowering of a curb, sidewalk or boulevard to provide vehicular access to a
parcel;
75.
"Day care facility" means child care facility, licensed and regulated by applicable provincial
agencies, operated from a building other than a residence, excepting where a one family dwelling
has been converted to a day care in which a dwelling unit or a basement suite might be located
on a separate level of the dwelling;
76.
"Day home" means a provincially licensed child care facility operated from a residence supplying
supervision of a maximum of six (6) children under the age of (11) years including any resident
children. A day home shall supply an outside play space that is both fenced and gated, and shall
meet all fire and health regulations;
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77.
"Deck" means any open structure attached to a building having a height greater than 0.6 m (2 ft.)
above grade, and thereby requiring stairs and railings as outlined in regulations approved under
the Safety Codes Act. A deck shall not have walls higher than 1.25 m (4.1 ft.);
78.
"Density" means a measure of the average number of persons or dwelling units per unit of area;
79.
"Developer" means the owner of lands on which development is proposed, or any other person
applying for a development permit;
80.
"Development" means development as defined in the Act, and includes the following:
A.
The carrying out of any construction or excavation, or other operations, in, on, over or
under land;
B.
The making of any change in the use or the intensity of use of any land, buildings or
premises, and, without restricting the generality of the foregoing, includes the removal
and/or placement of topsoil;
C.
In a building or on a parcel used for dwelling purposes, any increase in the number of
families occupying and living in the building or on the parcel; and any alteration or
additions which provide for an increase in the number of dwelling units within the building
or on the parcel;
D.
The placing of refuse or waste material on any land;
E.
An excavation or stockpile and the creation of either of them;
F.
A building or an addition to or replacement or repair of a building and the construction or
placing of any of them in, on, over or under land;
G.
The resumption of the use for which land or buildings had previously been utilized;
H.
The use of the land for the storage or repair of motor vehicles or other machinery or
equipment;
I.
The continued use of land or of a building for any purpose for which it is being used
unlawfully when this Bylaw comes into effect;
J.
The more frequent or intensive use of land for the parking of trailers, bunkhouses, portable
dwellings, skid shacks or any other type of portable building whatsoever whether or not
the same has been placed or affixed to the land in any way;
K.
The placement of an already constructed or a partially constructed building on a parcel of
land; and
L.
The erection of signs;
81.
"Development agreement" is a negotiated agreement between the municipality and the
owner/developer entered into at the time of subdivision or development permit approval which
identifies the development responsibilities of each party;
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82.
"Development Authority" means the Development Authority established by the municipality's
Development Authority Bylaw and appointed by Council;
83.
"Development Authority Officer" means that person or persons defined by the municipality's
Development Authority Bylaw and appointed by Council to act as Development Authority Officer;
84.
"Development permit" means a permit issued by Smoky Lake County that authorizes a
specified development and includes, where applicable, plans, drawings, specifications or other
documents. This permit is separate and distinct from a building permit;
85.
"Discontinued" means the time at which, in the opinion of the Development Authority,
substantial construction activity or use of land or a building has ceased;
86.
"Discretionary use" means a use of land or buildings within a specific land use district, for which
a development permit may be issued;
87.
"Domestic pet (or pet)" means a domesticated animal, such as a dog, cat, bird, rodent
(including a rabbit), fish, or turtle that is traditionally kept in the home for pleasure rather than for
commercial purposes. Domestic pets do not include reptiles (except turtles). This definition shall
not include animals that are used to assist persons with disabilities;
88.
"Drinking establishment" means a development possessing a liquor license, pursuant to
provincial regulations, where the sale and consumption of liquor on site are open to the public
and where liquor is the primary source of business. This does not include a cannabis lounge
or cannabis retail sales;
89.
"Drive-in business" means an establishment which normally provides service to customers
travelling in motor vehicles driven onto the site;
90.
"Duplex, side-by-side" or "Dwelling, semi-detached" means a building containing two
dwelling units sharing one common wall regardless of the number of storeys, and in no case
being located above or below each other;
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Figure 4: Side-by-Side Duplex or Semi-detached Dwelling
91.
"Duplex, vertical" means a building containing two dwelling units, the dwelling area of one being
located above the dwelling area of the other, either in whole or in part, each with a separate
private entry;
Figure 5: Vertical Duplex
92.
"Dwelling" means any building used exclusively for human habitation, whether or not it is
supported on a permanent foundation or base extending below ground level. This definition shall
include all single detached dwellings, including all site built homes, modular homes, and
manufactured homes, duplexes, and multi-unit dwellings;
93.
"Dwelling, semi-detached" refer to 75. "Duplex, side-by-side;"
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94.
"Dwelling, single detached" means a freestanding dwelling that does not abut any other
dwelling on an adjoining lot and where all sides of the dwelling are surrounded by yards or open
areas within the lot;
Figure 6: Single Detached Dwelling
95.
"Dwelling, Tiny" means a permanent residential building containing one (1) dwelling unit, less
than 600.0 square feet in ground floor area, which can be constructed either on site or be pre-
built and assembled at the residential site. The dwelling shall be supported on a permanent
foundation or piling system and physically separated from any other dwelling units. The dwelling
shall include cooking, eating, living, sleeping and sanitary facilities, but does not include
Manufactured Homes, Recreational Vehicles, Cabins, park-model trailers or construction site
trailers.
96.
"Dwelling unit" means a room or suite of rooms used or intended to be used as a domicile by
one (1) household and usually containing cooking, eating, living, sleeping and sanitary facilities,
and which is not separated from direct access to the outside by another separate dwelling unit. A
dwelling unit does not contain more than one room, which, due to its design, plumbing,
equipment, and/or furnishings, may be used as a kitchen;
97.
"Easement" means a right to use land, generally for access to other property or as a right-of-way
for a public utility;
98.
"Eating and drinking establishment" means a development, whether indoors or outdoors,
where patrons may purchase and consume food and/or alcoholic beverages on site where food,
rather than alcohol, is the predominant item consumed. An eating and drinking establishment
does not include an entertainment establishment or a cannabis lounge;
99. "Eco-Cabin/Star-gazing Units" means a development used for the provision of self-contained
"Artisanal Use" units for temporary sleeping accommodation wherein the judgement of the
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Development Authority, the unit(s) are designed and intended to facilitate stargazing, and the
rooms are not equipped with individual kitchen facilities.
100. "Entertainment establishment" means a development where persons may be entertained by
music, theatre, or the like. An entertainment establishment includes theatre, dancing or cabaret
entertainment, whether recorded or live. An eating and drinking establishment may contain within
it an entertainment establishment, but only if specifically provided for in an approved development
permit;
101. "Environmental Reserve" means Environmental Reserve as defined in Section 664(1) of the
Act. Specifically, the Act defines Environmental Reserve as follows:
664(1) Subject to section 663, a subdivision authority may require the owner of a parcel of land
that is the subject of a proposed subdivision to provide part of that parcel of land as
environmental reserve if it consists of:
A.
a swamp, gully, ravine, coulee or natural drainage course,
B.
land that is subject to flooding or is, in the opinion of the subdivision authority, unstable, or
C.
a strip of land, not less than 6.0 m (19.7 ft.) in width, abutting the bed and shore of any
lake, river, stream or other body of water for the purpose of:
i.
preventing pollution, or
ii.
providing public access to and beside the bed and shore;
102. "Environmental Reserve Easement" means Environmental Reserve Easement as defined in
Sections 664(2) and (3) of the Act. Specifically, the Act defines Environmental Reserve as
follows:
664(2) If the owner of a parcel of land that is the subject of a proposed subdivision and the
municipality agree that any or all of the land that is to be taken as environmental reserve is
instead to be the subject of an environmental reserve easement for the protection and
enhancement of the environment, an easement may be registered against the land in favour of
the municipality at a land titles office.
664(3) The environmental reserve easement:
A.
must identify which part of the parcel of land the easement applies to,
B.
must require that land that is subject to the easement remain in a natural state as if it were
owned by the municipality, whether or not the municipality has an interest in land that would
be benefitted by the easement,
C.
runs with the land on any disposition of the land,
D.
constitutes an interest in land in the municipality, and
E.
may be enforced by the municipality."
103. "Excavation" means the space created by the removal of soil, rock or fill for the purposes of
construction;
104. "Extensive agriculture" means the use of land or buildings, including the first dwelling or
manufactured home, an agricultural operation which require large tracts of land (usually in the
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order of 80 ac. (32.4 ha.) or more). This use may include the outdoor cultivation of industrial
hemp, but does not include intensive agriculture, cannabis production and distribution, or
a confined feeding operation which requires either a registration or an approval under Part 2 of
the Agricultural Operations Practices Act, R.S.A. 2000, c. A-7, as amended or replaced;
105. "Family care facility" means a facility which provides resident service in a dwelling to 6 or fewer
individuals who are not related to the resident household. These individuals are handicapped,
aged, disabled, or in need of adult supervision and are provided service and supervision in
accordance with their individual needs. This category includes boarding homes for children,
group homes and family homes;
106. "Farmstead" means the currently inhabited or formerly inhabited dwelling or other improvements
connected with an agricultural operation and located on a lot used in connection with such use
107. "Fence" means a vertical physical barrier constructed for visual screening, sound abatement or
security;
108. "FireSmart Landscapes" means the philosophy that seeks to mitigate both the likelihood of
large, high intensity, high severity fires and the risk associated with the use of prescribed fire.
FireSmart landscapes are designed to recognize the interaction between ecological, economic
and social impacts, hence maximize the positive ecological impacts and minimize the negative
economic and social impacts;
109. "Flood plain" means the area of land adjacent to a water body that is potentially at risk of
flooding from a 1-100 year flood event;
110. "Floor area" means the space on any storey of a building between exterior walls and required
firewalls, including space occupied by interior walls and partitions, but not including exits and
vertical spaces that pierce the storey or the area of the basement floor, except that all basement
suites and all dwelling units in apartment buildings shall be included in the calculation of floor
area;
111. "Floor area, gross leasable" means that portion of the floor area leased to a tenant for his
exclusive use and does not include any common areas such as an internal mall, stairs,
washrooms, etc. to be used by the complex as a whole;
112. "Floor area, ground" means the total area of a lot including accessory buildings which is
covered by any building or structure;
113. "Floor area ratio, gross" means the ratio or decimal resulting from dividing the gross floor area
of all buildings by the total site area of the parcel of land on which the buildings are located;
114. "Foundation" means a system or arrangement of foundation units through which the loads from
a building are transferred to the supporting soil or rock;
115. "Fragmented parcel" means a parcel of land that is separated from the balance of the remainder
of the parcel of land by a natural barrier such as a river, a permanent naturally-occurring water
body, a railroad, the Iron Horse Trail, or a road, but not an undeveloped road on a Road Plan, or
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a barrier to the crossing of cultivation equipment created by substantial topography, such as a
ravine, gulley or small, possibly intermittent, watercourse. The determination that such a
topographic barrier is a fragmenting feature for the purpose of subdivision shall be at the sole
discretion of the Subdivision Authority;
116. "Frontage" means the length of a front line and, if on a double fronting lot or a corner lot, the
sum of all lines abutting all roads;
117. "Funeral home" means a building designed for the purpose of furnishing funeral supplies and
services to the public and includes facilities intended for the preparation of deceased human
bodies for internment or cremation;
118. "Garage" means a fully enclosed accessory building or part of the main building, erected on a
permanent foundation, which is designed and/or used primarily for the storage of motor vehicles;
119. "Garage shelter" means an accessory building, commonly consisting of a metal frame covered
by canvas and erected on a temporary foundation, which is used primarily for the storage of
motor vehicles, which is not a garage;
120. "Garage suite" means a self-contained dwelling located above a rear detached garage which is
accessory to a single detached house. Garage suites have a separate entrance from the vehicle
entrance to the rear detached garage, either from a common indoor landing or directly from the
exterior of the structure. Garage suites do not include secondary suites or garden suites;
121. "Garden suite" means a single-storey accessory building which contains a dwelling unit and is
located in a building on a site that is separate from a main building in which the main use is a
single detached dwelling. A garden suite has cooking, food preparation, sleeping, and sanitary
facilities which are separate from those of the single family dwelling located on the site. This use
does not include secondary suites or garage suites;
122. "Gas bar" means a development where gasoline, lubricating oils, and other automotive fluids
and automobile accessories are bought and sold. Gas bars do not include facilities for the
servicing or repairing of motor vehicles and do not include service stations;
123. "Grade" means the average level of finished ground adjoining each exterior wall of a building,
but does not include localized depressions such as for vehicle or pedestrian entrances;
124. "Grid road" includes all Government Road Allowances in the County, and also includes all
forced roads, other than those identified as highways and service roads;
125. "Ground floor area" see "Floor area, ground";
126. "Group care facility" means a residence which is licensed or funded under an Act of the
Government of Canada or the Province of Alberta to provide accommodation for a small group of
persons living under supervision in a single housekeeping unit and who, by reason of their
emotional, mental, social or physical condition or legal status, require a group living arrangement
for their well-being;
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127. ""Greenhouse" means a building or the growing of flowers, plants, shrubs, trees and similar
vegetation which are not necessarily transplanted outdoors on the same lot containing such
greenhouse, but are sold directly from such lot at wholesale or retail. A greenhouse does not
include cannabis production and distribution;
128. "Guest house" means a building in which persons are accommodated on a temporary basis as
guests of the residents of the main building located on the property without compensation;
129. "Guest ranch" means a development of a private owner-occupied ranch house which includes
sleeping facilities, which are rented on a daily basis to registered guests and meals are prepared
in a certified residential kitchen;
130. "Hamlet" means an unincorporated community designated as a Hamlet by Council pursuant to
the Act, and includes the Hamlets of Warspite, Bellis, Edwand and Spedden;
131. "Health services" means establishments primarily engaged in furnishing medical, surgical or
other services to individuals, including the offices of physicians, dentists, and other health
practitioners, medical and dental laboratories, out-patient care facilities, blood banks, oxygen and
miscellaneous types of medical supplies and services, counselling services, clinics, and medical
cannabis clinics;
132. "Heavy equipment sales, service, repair or storage" means a building or part of a building or
structure in which:
A.
heavy machinery and equipment are offered or kept for sale, rent, lease or hire under
agreement for compensation, and/or
B.
heavy machinery and equipment are serviced or repaired;
C.
heavy machinery and equipment is stored;
133. "Height" means the vertical distance between the average finished grade and the highest point
of a building; excluding an elevator housing, a mechanical housing, a roof stairway entrance, a
ventilating fan, a 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 (see Figure 7);
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Figure 7: Building Height
134. "Higher capability agricultural land" means a quarter section consisting of at least 50 ac.
(20.23 ha.) of land having a farmland assessment productivity rating equal to or greater than
41%; or, if no rating is available, at least 60% of its land area rated as Canada Land Inventory
(C.L.I.) classes 1-3 soil capability for agriculture;
135. "Highway" means a highway or proposed highway that is designated as a highway pursuant to
the Public Highways Development Act;
136. "Highway commercial "means a use intended primarily to provide commercial services for
recreational, industrial and commercial travelers This use does not include cannabis retail
sales;
137. "Historical Resources Impact Assessment (HRIA)" the process by which archaeological,
historical, and palaeontological resources are located, studied, and managed in the Province of
Alberta. Before industrial, private, and government organizations undertake development in the
Province, they may be required to do HRIA work to assist in the protection and understanding of
historical resources on affected lands;
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138. ""Home occupation, major" means any business, occupation, trade, profession, or craft that is
carried on as a secondary use within a dwelling by at least one permanent resident of said
dwelling, and which increases traffic circulation in the neighbourhood in which it is located. A
major home occupation does not change the character of the dwelling in which it is located or
have any exterior evidence of secondary use other than one (1) small sign as provided for in this
Bylaw. A major home occupation does not include: adult entertainment services, day homes,
bed and breakfast establishments, animal breeding and/or boarding facilities, cannabis
production and distribution, cannabis retail sales, or a cannabis lounge. Any home
occupation which utilizes an accessory building shall be deemed a Major Home Occupation;
139. "Home occupation, minor" Home occupation, minor" means any business, occupation, trade,
profession, or craft that is carried on as a secondary use within a dwelling by at least one
permanent resident of said dwelling, and which does not increase traffic circulation in the
neighbourhood in which it is located. A minor home occupation does not change the character of
the dwelling in which it is located or have any exterior evidence of secondary use other than one
(1) small sign as provided for in this Bylaw. A minor home occupation does not include adult
entertainment services, or dating or escort services, cannabis retail sales, or cannabis
production and distribution;
140. "Hotel" means rooms or suites in a commercial development for temporary sleeping
accommodation where the rooms have access from a common interior corridor and may be
equipped with individual kitchen facilities. Hotels may include accessory food services,
neighborhood pubs, nightclubs, meeting rooms, and personal service establishments.
141. "Household" means:
A.
a person; or
B.
two (2) or more persons related by blood, marriage or adoption; or
C.
a group of not more than three (3) persons who are not related by blood, marriage, or
adoption;
all living together as a single housekeeping group and using cooking facilities shared in common.
A household may also include bona fide servants;
142. "Indoor eating establishment" means an establishment where food and drink are intended to
be consumed within the confines of the establishment, but does not include a cannabis
lounge;
143. "Industrial, heavy" means a development which would be considered to be a medium industrial
use except that, in the opinion of the Development Authority, the development would not be able
to co-exist compatibly in proximity to other uses or population concentrations due to: the potential
for an adverse environmental impact beyond the immediate site of the heavy industrial use; the
potential for significant toxic or noxious by-products such as air or water-born emissions; or the
potential to emit significant noise, smoke, dust, odour, vibration, etc., which may be offensive or
hazardous to human health, safety or well-being. Heavy industrial uses also include: the storage
of toxic, flammable or explosive products in significant quantities; rendering plants, alfalfa
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processing plants, large scale cannabis production and distribution, large scale industrial
hemp production facilities, or large-scale outdoor storage that is unsightly or visually offensive.
Heavy industrial uses do not include heavy petro-chemical industry;
144. "Industrial, heavy petrochemical" means a use or development involved in the processing and
manufacturing of petrochemicals, including oil and gas refining, which, in the sole opinion of the
Development Authority, may emit a significant level of noise, smoke, dust, odour, vibration, etc.,
and which may not be compatible with the surrounding land use. This use does not include
cannabis production and distribution or industrial hemp production and distribution
facilities;
145. "Industrial hemp" means a cannabis plant - or any part of that plant - in which the
concentration of THC is 0.3% w/w or less in the flowering heads and leaves, as defined in
Industrial Hemp Regulations, SOR/2018-145, as amended or replaced;
146. "Industrial hemp production and distribution facility" means the use of land, buildings or
structures licensed and/or authorized to process, sell, provide, ship, deliver, transport, destroy,
export and/or import industrial hemp, including indoor production and related research, under the
Industrial Hemp Regulations, SOR/2018-145, as amended or replaced. This use does not
include: cannabis retail sales establishments, cannabis production and distribution, or the outdoor
cultivation of industrial hemp;
147. "Industrial, medium" means a development which may include indoor or outdoor storage and in
the opinion of the Development Authority, the development may not be able to co-exist
compatibly in proximity to other uses or population concentrations due to: the potential for on-site
adverse environmental impacts; the potential for significant toxic or noxious by-products which
may be offensive or hazardous to human health, safety or well-being; the storage of toxic,
flammable or explosive products in small quantities; or large-scale outdoor storage that is
unsightly or visually offensive. Medium industrial uses may include manufacturing,
transportation, warehousing; distribution, medium scale cannabis production and
distribution, and medium scale industrial hemp production and distribution facilities, and
utilities;
148. "Industrial, light" means development for the purpose of: the processing of raw materials; the
manufacturing or assembly of goods or equipment; or the storage or transshipment of materials,
goods, and equipment; which will not result in the emission of odours, dust, smoky, gas, noise, or
vibration outside the building in which the light industrial activity is carried on, and which is carried
on entirely indoors, except for storage which may be located outdoors provided it is entirely
screened from all adjacent uses, except for other industrial uses, and from all roads. This use
includes small scale cannabis production and distribution and small scale industrial hemp
production and distribution facilities. Notwithstanding the above, light industrial uses shall not
include the outdoor storage of used goods or materials for any purpose;
149. "Industrial, rural" means any industrial use involved in:
a. the processing, fabrication, storage, transportation, distribution, or wholesaling of goods
which require a relatively large lot; and
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b. activities which would not be appropriate or should not locate within an urban area
because they are potentially hazardous or may emit a high level of noise, dust, odour,
vibration, or require a large parcel of land;
c. agricultural based industries such as seed cleaning plants, fertilizer plants, the storage or
sale of fertilizer and/or bulk fuel and, at the discretion of the development authority some
resource based industries including: saw mills or pulp and paper industries, and
sphagnum industries or small and medium scale industrial hemp production and
distribution facilities.
Rural industrial uses do not include heavy petrochemical uses or uses that would be considered
heavy industrial uses;
150. "Intensive agriculture" means an agricultural operation which raises crops on a land-intensive
basis. Intensive agriculture includes, greenhouses, silviculture and sod farms, but does not
include confined feeding operations cannabis production and distribution or industrial
hemp production and distribution facilities;
151. "In-law suite" means an additional dwelling unit intended for the sole occupancy of one (1) or
two (2) adult persons, which has access to the adjoining dwelling unit. The floor area of the in-law
suite shall not exceed 30 percent of the existing living area of the primary dwelling unit or 80.0 sq.
m (861.1 sq. ft.) in floor area on a residential lot, whichever is the lesser;
152. "Institutional" means a use or development which includes but is not limited to hospitals, public
offices, educational facilities, places of worship, libraries and senior citizen housing;
153. "Kennel" or Boarding/Breeding Facility means the breeding or boarding of dogs, excluding un-
weaned pups in return for remuneration or kept for the purposes of sale.
154. "Landfill" means a disposal site employing an engineering method of disposing of solid wastes
in a manner that minimizes environmental hazards. A landfill shall be owned by either a
municipal corporation or by a municipally-owned corporation;
155. "Landscaping" means to preserve or change the natural features of a parcel by adding lawns,
trees, shrubs, ornamental plantings, fencing, walks, driveways or other structures and materials
as used in modern landscape architecture;
156. "Lane" means a public thoroughfare for vehicles, the right-of-way of which is not less than 8.0 m
(26.25 ft.) and does not exceed 10.0 m (32.8 ft.) in width, providing a secondary means of access
to a parcel, or as defined as an alley in the Traffic Safety Act, R.S.A. 2000, as amended;
157. "Line, front" means the boundary line of a lot lying adjacent to a road. In the case of a corner
lot, the shorter of the two boundary lines adjacent to the road shall be considered the front line;
158. "Line, rear" means the boundary line of a lot lying opposite to the front line of the lot and/or
farthest from a road;
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159. "Line, side" the boundary line of a lot lying between a front line and a rear line of a lot. In the
case of a corner lot, the longer of the two boundary lines adjacent to the road shall be considered
a side line;
160. "Liquor sales/distribution service" means development used principally for the wholesale or
retail sale or distribution to the public of any and all types of alcoholic spirits or beverages as
defined by the Gaming, Liquor and Cannabis Act, R.S.A. 2000, c. G-01, as amended. This use
does not include cannabis retail sales.
161. "Livestock" means livestock as defined in the Agricultural Operations and Practices Act, R.S.A.
2000, as amended;
162. "Loading space" means a space entirely on the same parcel as a building or group of buildings,
intended for the temporary parking of a commercial vehicle while commodities are being loaded
or unloaded;
163. "Lot" means:
A.
a quarter section, or
B.
a river lot or a settlement lot shown on an official plan referred to in the Surveys Act that is
filed or lodged in a land titles office, or
C.
a part of a parcel of land described in a certificate of title if the boundaries of the part are
separately described in the certificate of title other than by reference to a legal subdivision,
or
D.
a part of a parcel of land described in a certificate of title if the boundaries of the part are
described in a certificate of title by reference to a plan of subdivision;
164. "Lot, corner or flanking" means a lot with a side line abutting a road;
165. "Lot coverage" means the combined area of all buildings on a lot excluding specific features
allowed under this Bylaw as projections into required yards;
166. "Lot depth" means the combined area of all buildings on a lot excluding specific features
allowed under this Bylaw as projections into required yards;
167. "Lot, double fronting" means a lot which abuts two roads (except alleys as defined in the Traffic
Safety Act, R.S.A. 2000, as amended), which are parallel or nearly parallel where abutting the lot,
but does not include a corner lot (see Figure 5);
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Figure 8: Diagram illustrating different lot definitions
168. "Lot, interior" means a lot which has a road only on the front line;
169. "Lot, lake front" means a lot which is either adjacent to a water body or, except for a Reserve
Lot, is adjacent to a water body;
170. "Lot width" means the distance between the side lines of a lot at the minimum allowable front
yard, measured perpendicular to the line joining the midpoint of the front line to the midpoint of
the rear line on a curved road;
171. "Lower capability agricultural land" means a quarter section consisting of less than 20.23 ha.
(50 ac.) of land having a farmland assessment productivity rating equal to or less than 41%; or, if
no rating is available, less than 60% of its land area rated as Canada Land Inventory (C.L.I.)
classes 1-3 soil capability for agriculture;
172. "Main building" means a building that in the opinion of the Development Authority:
A.
Occupies the major or central portion of a lot,
B.
Is the main building on the lot, and/or
C.
Constitutes the primary use for the lot;
173. "Main use" means the primary purpose, in the opinion of the Development Authority, of a
building or lot. There shall be only one main use on a lot unless otherwise allowed in this Bylaw;
174. "Maintenance" means the upkeep of the physical form of any building, which upkeep does not
require a permit pursuant to the Safety Codes Act. Maintenance will include painting, replacing
flooring, replacing roofing materials, and repair of any facility related to a development, but will
not include any activity that will change the habitable floor area of any dwelling unit or the internal
volume of any building;
175. "Manufactured home - single family" means a single detached dwelling comprised of one or
more large factory-built sections that is designed and manufactured to be moved from one point
to another by being towed or carried on its own wheels or by other means, and upon arriving at
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the site for location is, apart from incidental operations such as placement of foundation supports
and connections of utilities, ready for year round use as dwelling accommodation for one or more
persons. A manufactured home must be manufactured and maintained in full compliance with
applicable national and provincial regulations;
176. "Manufactured home - multi-family" means a building containing more than one (1) dwelling
unit comprised of one (1) or more large factory-built sections. It is manufactured and maintained
in full compliance with applicable national and provincial regulations;
177. "Manufactured home park" means any lot on which three (3) or more occupied manufactured
home units are harboured or are allowed to be harboured without regard to whether a fee or
charge is paid or made, and shall include any building, structure, tent, vehicle or enclosure used
or intended for use as a part of the equipment of such manufactured home park, which complies
with relevant government regulations governing manufactured home parks;
178. "Manufactured home subdivision" means an area which has been separated by legal
subdivision into parcels designated for manufactured homes;
179. "Manufacturing" means the use of land, buildings or structure for the purpose of manufacturing,
assembly, making, preparing, inspecting, finishing, treating, altering, repairing, warehousing or
storing or adapting for sale any goods, substances, article, thing or service;
180. "May" is an operative word meaning a choice is available, with no particular direction or
guidance intended;
181. "Medical cannabis clinic" means a health provider that provides patients with education on the
therapeutic use of cannabis and may prescribe medical cannabis to patients on an out-patient
basis;
182. "Modular home" means a dwelling conforming to national and provincial certified standards in
place at the time of manufacture, that is designed to be transported to the building site in a single
piece or in pieces and assembled on-site on top of a site-constructed basement or foundation but
does not include a dwelling that would be considered to be a manufactured home, a recreational
travel trailer, a recreational vehicle or a park model unit;
183. "Motel (or motor inn)" means a development divided into self-contained sleeping or dwelling
units, each with a separate exterior entrance and convenient access to on-site parking. Motels
may include food services and personal service establishments.
184. "Multi-use development" means a development with planned integration of some combination
of retail, office, residential, hotel, recreation or other functions. It is pedestrian-oriented and
contains elements of a live-work-play environment. It maximizes space usage, has amenities and
architectural expression and tends to mitigate traffic and sprawl;
185. "Multi-unit dwelling" means a dwelling containing three or more dwelling units;
186. "Municipal Development Plan" means the Municipal Development Plan of Smoky Lake County,
adopted in accordance with the Act;
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187. "Municipal Planning Commission" means the Municipal Planning Commission of Smoky Lake
County, established in accordance with the County's Municipal Planning Commission Bylaw and
appointed by Council pursuant to that Bylaw;
188. "Municipality" means the Smoky Lake County, in the Province of Alberta;
189. "Natural area" means an area of land and/or water especially dedicated to the protection and
maintenance of biological diversity, and of natural and associated cultural resources, and
managed through legal or other effective means. Areas such as groomed parks, recreational
areas for sports, and schoolyards are not included in this definition;
190. "Natural resource extraction/processing facility" means an industry engaged in the extraction
and/or processing of natural resources such as clay, sand, gravel, lumber and natural gas,
through primary treatment into a raw marketable form and includes asphalt paving plants and
concrete producing plants where applicable;
191. "Neighbourhood commercial development" means a development where goods and services
required by area residents or employees on a day to day basis are provided, bought or sold. The
gross leasable area of a neighbourhood commercial development shall not exceed 275.0 sq. m
(2,960.0 sq. ft). Neighbourhood commercial developments include small food stores, drug stores,
and variety stores selling confectionary, tobacco, groceries, beverages, pharmaceutical and
personal care items, hardware, and/or printed matter as well as small personal service shops.
192. ""Neighbourhood convenience (or retail) store" means a retail store where those goods
required by area residents or employees on a day to day basis are the predominant product
offered for sale. The gross leasable area of a neighbourhood commercial development shall not
exceed 275.0 m2 (2,960.0 ft.2). Typical uses include small food stores, drug stores, and variety
stores selling confections, tobacco, groceries, beverages, pharmaceutical and personal care
items, and/or printed matter. The design and scale of the building must be compatible in scale
and design with the surrounding residential neighbourhood. This use does not include
cannabis retail sales;
193. "Neighbourhood park" includes physical characteristics appropriate for both active and passive
recreation uses in a park setting with opportunities for interaction with nature such as trees and
plantings. A Neighborhood Park has pedestrian access, and is accessible by bicycle and public
transit;
194. "Neighbourhood shopping centre" means a group of commercial uses that have been
designed, developed and managed as a unit by a single owner or tenant, or a group of owners or
tenants and distinguished from a business area comprising unrelated individual uses that provide
commercial services to residents and visitors of the neighbourhood. The design and scale of the
shopping centre must be compatible in scale and design with the surrounding residential
neighbourhood;
195. "Non-conforming building" means a building that is lawfully constructed or lawfully under
construction at the date this Bylaw or any amendment thereof affecting the building or land on
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which the building is situated becomes effective does not, or when constructed will not, comply
with the Land Use Bylaw;
196. "Non-conforming use" means a lawful specific use being made of land or a building or intended
to be made of a building lawfully under construction, at the date this Bylaw or any amendment
thereof affecting the land or building becomes effective does not, or in the case of a building
under construction, will not comply with the Land Use Bylaw;
197. "Occupancy" means the use or intended use of a building or part thereof for the shelter or
support of persons or property;
198. "Off-street parking" means an off-street facility for the parking of three or more vehicles;
199. "Outdoor eating establishment" means an establishment where food and drink are normally
consumed primarily outside but may also be consumed inside the confines of the establishment.
This use does not include cannabis lounges;
200. "Parapet wall" means that part of an exterior, party wall or fire wall extending above the roof line
or a wall which serves as a guard at the edge of a balcony or roof;
201. "Parking facility" means the area set aside for the storage and parking of vehicles and includes
parking stalls, loading spaces, aisles, entrances and exits to the area, and traffic islands where
they are part of the parking facility;
202. "Parking space" means a portion of a lot set aside for the parking of one vehicle;
203. "Patio" means any developed surface adjacent to a building which is less than 0.6 m (2.0 ft.)
above grade;
204. "Permitted use" means the use of land or a building within a specific land use district, for which
a development permit shall be issued, with or without conditions, provided the development
conforms to the Land Use Bylaw;
205. "Personal service shop" means a development used for the provision of personal services to
an individual which are related to the care and appearance of the body, or the cleaning and repair
of personal effects. This includes barber shops, hairdressers, beauty salons, tailors,
dressmakers, shoe repair shops, dry cleaning establishments and laundry establishments. This
does not include health services;
206. "Place of worship" means a facility for people to assemble in order to conduct religious services
and related educational, philanthropic, or social activities and may include rectories, manses,
classrooms, dormitories and accessory buildings;
207. ""Private club or lodge" means a building or part of a building used exclusively by the members
and guests of a club for social, recreational or athletic activities This use does not include
cannabis lounges;
208. "Protective and emergency services" means development wherein those persons or agencies
who provide public protection of persons and property from injury, harm, or damage are
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accommodated, together with the incidental storage of emergency equipment which is necessary
for the local distribution of the services. Typical uses include gas equipment and vehicle storage,
police stations, fire stations, and ancillary training facilities;
209. "Public or quasi-public services" means a building used by the public for the purposes of
assembly, instruction, or culture, or providing government services directly to the public. It
includes government buildings, places of worship, community halls, and recreation facilities.
Buildings containing public or quasi-public services may also contain facilities for eating and
drinking establishments as an accessory use and, from time to time, part of a building containing
public or quasi-public services may be used as an entertainment establishment;
210. "Public park" means any public outdoor land specifically for passive or active recreation
including tot-lots, playgrounds, walkways, trails, environmentally significant areas, band shells,
forest reserve, wildlife sanctuary, greenbelts, conservation areas, buffers, nature interpretation
areas, and similar land uses. It includes all natural and man-made landscaping, facilities, sports
fields, accesses, trails, buildings and structures consistent with the general purpose of public park
land whether or not such recreational facilities are publicly operated or operated by other
organizations pursuant to arrangements with the public authority owning the park. This includes
a broad range of accessory uses, including commercial, which serve park users and are
compatible with park objectives;
211. "Public utility" means a system or works used to provide one or more of the following for
public consumption, benefit, convenience or use:
a) water or stream;
b) sewage disposal;
c) public transportation operated by or on behalf of the municipality;
d) irrigation;
e) drainage;
f) fuel;
g) electric power;
h) heat;
i) waste management;
j) telecommunications;
and includes the service, product or commodity that is provided for public consumption,
benefit, convenience or use, or as otherwise defined under Part 17 of the Act.
212. "Public utility building" means a building in which the proprietor or a Public Utility maintains its
office or offices and/or maintains or stores any equipment used in conjunction with the Public
Utility;
213. "Real Property Report" means a legal document that clearly illustrates permanent above
ground buildings and registered easements in relation to property boundaries. The document
consists of a plan showing the physical improvements with a written report outlining the details of
the property, and is signed by a registered Alberta Land Surveyor;
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214. "Recreation, active" means a mix of uses in a neighborhood park that includes the following
facilities or facility types: athletic fields, building or structures for activities, concession, community
garden, courses or courts, children's play area, dog play area, or a bike path;
215. "Recreation, passive" means a mix of uses in a neighborhood park, undeveloped land or
minimally improved lands which includes the following: landscaped area, natural area,
ornamental garden, non-landscaped green space, stairway, decorative fountain, picnic area,
water body, or trail without recreational staffing;
216. "Recreational use" means a development providing for commercial or non-commercial leisure
activities located to take advantage of the natural setting. Without restricting the generality of the
foregoing, this shall include:
A.
Non facility oriented recreational activities such as hiking, cross country skiing, rustic
camping, and other similar uses; and
B.
Facility oriented recreational activities such as picnic grounds, swimming beaches, boat
launches, parks, and other similar uses;
Recreational uses may include, at the discretion of the Development Authority, active and passive
recreation;
217. "Recreation Vehicle" means a vehicle primarily designed as temporary living quarters for
recreational camping or travelling, which either has its own motor power or is mounted onto or
drawn by another vehicle.
218. "Recreational Vehicle - Motorized or Towable" means a recreational vehicle either built on or
as an integral part of a self-propelled motor vehicle chassis combining transportation and living
quarters in one unit or designed to be towed by a motorized vehicle (car, van or pickup truck).
These recreational vehicles are designed to provide temporary living accommodation for travel,
vacation or recreational use, which may include sleeping, kitchen, bathroom and systems for fresh
and wastewater, electricity, propane, heating, air conditioning and entertainment. They shall have
an overall width not exceeding 2.6 m (8 ft. 6 in.), where the width is the sum of the distance from
the vehicle centre-line to the outmost projections on each side (including door handles, water
connections, etc.) when the vehicle is folded or stowed away for transit. Such units include
motorhomes, travel trailers, fifth-wheel trailers, folding camping trailers and truck campers.
219. "Recreational Vehicle Park" means the planned development used for the seasonal short-term
use of recreational vehicles with a higher level of service provided than in a campground. The
recreational vehicle park shall not be used as year-round storage, or accommodation for residential
use. A Recreational Vehicle Park may be developed in association with related recreational
activities; such as hiking or riding trails, picnic grounds, boating facilities and playgrounds.
220. Recreational Vehicle - Park Model Recreational Unit (Also Referred To As A "Cottage
Model") means a recreational vehicle built on a single chassis mounted on wheels which may be
removed. The unit is designed to facilitate occasional relocation, with living quarters for a
temporary residence or seasonal use and must be connected to those utilities necessary for the
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operation of installed fixtures and appliances. This type of recreation vehicle has a width greater
than 2.6 m (8 ft. 6 in.) in the transit mode. Park Model
Recreational Units require a special tow vehicle and a special permit to move on the road. They
conform to the CSA Z-241 Standard for Park Model Recreational Units or another similar CSA
standard to be approved by the Development Authority at its sole discretion.
221. "Recreational Vehicle - Park Model Trailer" means a recreational vehicle designed to be towed
by a heavy-duty tow vehicle but is of restricted size and weight so that it does not require a special
highway movement permit. The maximum width when being towed is 2.6 m (8 ft. 6 in.). This type of
recreational vehicle is designed for infrequent towing and is not fitted with a 12-volt system for
fixtures and appliances. Once on site in the set-up mode, it must be connected to local utilities. The
Park Model Trailer is built on a single chassis mounted on wheels and has one or more slide-outs
and conforms to the CSA Z-240 Standard for Recreational Vehicles or another similar CSA
standard to be approved by the Development Authority at its sole discretion.
222. "Recreational Vehicle Sales And Services" means development used for the rental, lease, sale,
storage, service, restoration and/or mechanical repair of recreation vehicles, snowmobiles, and all
terrain vehicles, and boats.
223. "Recycling depot" means a building in which used material is separated and processed prior to
shipment to others who will use the materials to manufacture new products;
224. "Renovation" means an addition to, deletion from, or change to any building which does not
require a permit pursuant to the Safety Codes Act other than a plumbing permit or an electrical
permit;
225. "Retail store" means a development used for the retail sale of groceries, beverages, household
goods, furniture and appliances, hardware, printed matter, confections, tobacco, pharmaceutical
and personal care items, automotive parts and accessories, office equipment, stationary and/or
similar goods from within an enclosed building. Minor public services, such as postal services and
film processing depots, are allowed within retail stores. This does not include developments
used for the sale of alcoholic beverages, cannabis, gasoline, heavy agricultural or
industrial equipment; vehicle and equipment sales/rentals; or warehouse development;
226. "Road" means a road as defined in the Act which is not a lane as defined in this Bylaw;
227. "Rodeo grounds or riding arena" means a development providing facilities intended for
sporting events which are held primarily for public entertainment. Typical events may include but
not be limited to bronco riding, calf roping, horse riding, and steer wrestling;
228. "Row house" means one of a series of houses, often of similar or identical design, situated side
by side and joined by common walls;
229. "Rural commercial" means a business establishment located in a rural setting to retail or
service goods destined for the immediately surrounding rural area. Notwithstanding the generality
of the forgoing, rural commercial uses may include: convenience retail services, minor agricultural
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sales and services, as well as bulk fuel, chemical and fertilizer sales. This use does not include
cannabis retail sales or liquor sales/distribution service;
230. "Schools, public and private" means development where educational, training, or instruction
occurs under the auspices of a School Authority or under the auspices of an organization
authorized by the Province to provide education similar to that which would be provided by a
School Authority. Public and private schools include the administration offices, storage, and
maintenance operations of the School Authority. Public and private schools include public and
separate schools, community colleges, universities, technical and vocational schools, and private
academies or "charter schools" (and similar schools), and their administrative offices and
maintenance facilities;
231. "Secondary commercial" means a commercial use that is secondary or subordinate to the
primary use on the site;
232. "Senior citizens home" means any home for senior citizens sponsored and administered by any
public agency or any service club, church, or other organization, either of which obtains its
financing from federal, provincial or municipal governments or agencies, or by public subscription
or donation, or by any combination thereof, and many includes accessory uses such as club and
lounge facilities, usually associated with senior citizens developments;
233. "Secondary suite" means an additional separate dwelling unit on a property that would normally
accommodate only one dwelling unit. A secondary suite is considered "secondary" or "accessory"
to the primary residence on the parcel. It normally has its own entrance, kitchen, bathroom and
living area;
234. "Servicing establishment" means a development used or intended to be used for any of the
following: the servicing or repairing of motor vehicles, the sale of gasoline, the sale of lubricating
oils and other automotive fluids, accessories for motor vehicles, and a towing service dispatch
point;
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235. "Setback" means the minimum perpendicular distance that a development must be set back
from the front, side, or rear property lines and the nearest point on the exterior wall of a building
on the lot (see Figures 9 and 10);
Figure 9: Setback Definition Diagram A
Figure 10: Setback Definition Diagram B
236. "Shipping container" means a container which is used as a storage vault and includes
sea/land/rail containers;
237. "Shopping centre" means a group of commercial uses that have been designed, developed and
managed as a unit by a single owner or tenant, or a group of owners or tenants and distinguished
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from a business area comprising unrelated individual uses, that provides commercial services to
residents and visitors;
238. "Shall" is an operative word which means the action is obligatory;
239. "Should" is an operative word which means that in order to achieve local goals and objectives, it
is strongly advised that the action be taken. Exceptions shall be made only under extenuating
circumstances;
240. "Sign" means an object or device intended for the purpose of advertising or calling attention to
any person, matter, thing or event;
241. "Sign, canopy" means a sign which is part of or attached to the outside edge of a canopy but
which does not extend below the bottom edge or surface of the canopy (see Figure 11);
Figure 11: Canopy Sign
242. "Sign, fascia" means a sign attached to or placed flat against an exterior vertical surface of a
building, and projects no more than 0.1 m (0.33 ft.) from the surface of the building, and does not
project above the roof or parapet (see Figure 12);
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Figure 12: Fascia Sign
243. "Sign, freestanding" means a sign supported by one or more uprights, braces or pylons, and
stands independently of another structure (see Figure 13);
Figure 13: Freestanding Sign
244. "Sign, offsite" means a sign that advertises goods, products, services or facilities not available
on the site where the sign is located, and which may also direct persons to another location;
245. "Sign, projecting" means a sign affixed to a building or part thereof and extending beyond the
building by more than 0.3 m (1 foot). This does not include a sign attached to the ground;
246. "Sign, roof" means a sign erected upon, against or directly above the roof of a building or the
top of a parapet wall (see Figure 14);
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Figure 14: Roof Sign
247. "Sign, temporary or portable" means a sign on a standard or column fixed to its own self-
contained base and capable of being moved manually (see Figure 15);
Figure 15: Temporary/Portable Sign
248. "Sign, under canopy" means a sign which is attached to the bottom surface or edge of a
canopy;
249. "Similar use" means a use which, in the opinion of the Development Authority, closely
resembles another specified use with respect to the type of activity, structure and its compatibility
with the surrounding environment;
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250. "Solar panel, free standing" means a device which is used to convert energy contained within
the sun's rays into electricity, which is not mounted or attached to any other structure for support;
251. "Solar panel, roof mounted" means a device which is used to convert energy contained within
the sun's rays into electricity, which is located, mounted, or attached to the roof of a structure;
252. "Site built" means a building that is constructed primarily on its site. Although some
components may be prefabricated off-site, the building is erected, framed, and finished by
workers on location using stock materials;
253. "Stall" means a portion of a manufactured home park on which a manufactured home may be
placed;
254. "Storage use" means the primary use of a building or other structure for the storing of goods or
materials;
255. "Storey" means the habitable space between the upper face of one floor and the ceiling or next
floor above it. A basement or cellar shall be considered a storey if the upper face of the floor
above it is more than 1.8 m (5.9 ft.) above grade;
256. "Subdivision Authority" means a Subdivision Authority established pursuant to the Act;
257. "Subdivision and Development Appeal Board" means a Subdivision and Development Appeal
Board established and appointed for Smoky Lake County pursuant to the Act;
258. "Substandard lot" means any lot which is smaller, in area or in any dimension, than the
minimum area or dimension stipulated in the regulations of the land use district in which the lot is
located;
259. "Surveillance suite" means a single detached dwelling used solely to accommodate a person or
persons related as a family, or employee, whose official function is to provide surveillance,
maintenance and/or security for a development provided for in the land use districts in which
surveillance suites are listed either as a permitted or discretionary use. The single detached
dwelling shall form part of the development with which it is associated and clearly be a
subordinate use of the parcel on which it is located;
260. "Temporary building" means a building that has been approved for a limited time only;
261. "Temporary use" means a use that has been approved for a limited time only;
262. "Transfer station" means a development where waste is temporarily stored in bins or other
facilities for trans-shipment to other locations;
263. "Turbine" refers to the parts of a WECS system including the rotor, generator, and tail;
264. "Unsubdivided quarter section" means a quarter section which has had no lands removed
from it other than for road, the Iron Horse Trail or railroad purposes;
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265. "Urban municipality" refers to the Town of Smoky Lake, the Village of Vilna, and the Village of
Waskatenau, either solely or collectively;
266. "Use" means a use of land or a building as determined by the Development Authority;
267. "Utility building" means a building which contains the offices or any equipment used in
connection with a public utility;
268. "Vacant parcel" means a parcel either subdivided or to be subdivided for residential purposes
which is currently is not developed for residential use or has never been developed for residential
use;
269. "Value added agriculture" means an agricultural industry which economically adds value to a
product by changing it from its current state to a more valuable state;
270. "Vehicle, heavy" means any vehicle, with or without a load, that exceeds a maximum gross
vehicle weight rating of Class 3 or higher as designated by the Canadian Transportation
Equipment Association (4537 kg or 10,000 lbs.), or a bus with a designated seating capacity of
more than ten (10). Heavy vehicles do not include recreational vehicles;
271. "Walkways and trails" mean an area used for non-vehicular multi-modal transportation and/or
recreational travel;
272. "Warehouse" means the use of a building or part of a building for the storage and distribution of
goods, wares, merchandise, substances or articles and may include facilities for a wholesale or
retail commercial outlet, but shall not include facilities for a truck or transport terminal or yard;
273. "Wind turbine tower" refers to the guyed or freestanding structure that supports a wind turbine
generator;
274. "Wind turbine tower height" means the height above grade of the fixed portion of the wind
turbine tower, excluding the wind turbine and rotor;
275. "Workcamp" means a temporary residential complex used to house camp workers for a
contracting firm or project on a temporary basis of more than four (4) months and less than one
(1) year. The camp is usually made up of a number of manufactured units, clustered in such
fashion as to provide sleeping, eating, recreation and other basic living facilities;
276. "Workcamp, short term" means a residential complex used to house camp workers by various
contracting firms on a temporary basis, and without restricting the generality of the above, the
camp is usually made up of a number of manufactured units, clustered in such fashion as to
provide sleeping, eating, recreation, and other basic living facilities. The units may be dismantled
and removed from the site from time to time. For the purposes of this definition, temporary means
for a period of up to four (4) months in total duration either consecutively or non-consecutively;
277. "Yard" means a required open area unoccupied and unobstructed by any building or portion of a
building above the general ground level of a lot, unless otherwise allowed in this Bylaw (see
Figure 16);
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278. "Yard, front" means that portion of a lot extending across the full width of the lot from the front
line to the exterior wall of the specified building (see Figure 16);
279. "Yard, lake front lot" means the yard extending across the full width of a lake-front lot and
situated between the lot line closest to the lake and the front wall of the main building (see Figure
16);
280. "Yard, rear" means that portion of a lot extending across the full width of the lot from the rear line
to the exterior wall of the specified building (see Figure 16);
281. "Yard, side" means that portion of a lot extending from the front yard to the rear yard and lying
between the side line and the exterior wall of the specified building (see Figure 16);
and all other words and expressions have the meanings respectively assigned to them in the Act.
Examples listed in a use definition are not intended to be exclusive or restrictive.
1.8
DEFINITIONS NOT PROVIDED
1.
In instances where specific lands uses:
A. Do not conform to the wording of any land use; or
B. Generally conform to the wording of two or more land uses;
Figure 16: Yard Definitions
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The Development Authority Officer shall use his/her discretion to include these land uses in a land
use category that is most appropriate in character and purpose.
1.9
DEVELOPMENT AUTHORITY
1.
The Development Authority of Smoky Lake County shall be as established by the municipality's
Development Authority Bylaw.
2.
The Development Authority shall perform such duties that are specified in this Bylaw, and shall
also, among other things:
A. Keep and maintain for the inspection of the public during all regular hours, a copy of the
Bylaw and all amendments thereto; and
B. Keep a register of all applications for development including the decisions thereon and
the reasons therefore.
3.
For the purpose of the Act, the Development Authority or their designate(s) is/are hereby declared
to be a Designated Officer of Council.
1.10
DEVELOPMENT AUTHORITY OFFICER
1. The Development Authority Officer shall be appointed by resolution of Council.
2. The Development Authority Officer shall perform such duties as specified in this Bylaw.
3. The Development Authority Officer may sign, on behalf of the Development Authority, any order,
decision, approval, notice or other thing made or given by the Development Authority or by the
Development Authority Officer.
4. The Development Authority Officer shall keep and maintain for the inspection of the public during
all regular hours, a copy of the Bylaw and all amendments thereto, and keep a register of all
applications for development, including decisions.
5. In addition, the Development Authority Officer may have other duties as directed by Council.
1.11
MUNICIPAL PLANNING COMMISSION
1.
The Municipal Planning Commission shall be established by the municipality's Municipal Planning
Commission Bylaw.
2.
Members of the Municipal Planning Commission shall be appointed by resolution of Council.
3.
The Municipal Planning Commission shall decide upon all development permit applications
referred to it by the Development Authority Officer.
4.
The Municipal Planning Commission may:
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A. Provide recommendations for subdivision proposals to the Subdivision Authority; and
B. Perform such other duties as described or implied in this Bylaw or as may be assigned to
it by Council.
1.12
SUBDIVISION AUTHORITY
1.
The Subdivision Authority established by the municipality's Subdivision Authority Bylaw shall
perform such duties as are specified in this Bylaw and by the Act. The Subdivision Authority shall
be appointed by resolution of Council.
1.13
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
1.
The Subdivision and Development Appeal Board established by the municipality's Subdivision and
Development Appeal Board Bylaw shall perform such duties as are specified in this Bylaw.
1.14
COUNCIL
1.
The Council of Smoky Lake County shall perform such duties as are specified for it in this Bylaw.
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2
DEVELOPMENT PERMITS, RULES, AND PROCEDURES
2.1
CONTROL OF DEVELOPMENT
1.
No development other than that designated in Section 2.2 of this Bylaw shall be undertaken within
the municipality unless an application for it has been approved and a development permit has been
issued.
2.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
1.
All development undertaken in Smoky Lake County requires an approved development permit prior
to commencement, except the following developments which shall not require a development
permit provided that they conform to all other provisions of this Bylaw:
A.
works of improvement, maintenance or renovation to any building provided that such
works do not include structural alterations or additions;
B.
the completion of development lawfully commenced before passage of this Bylaw, or
amendments thereto, provided that:
i.
the development is completed in accordance with the terms of any permit granted
in respect of it and subject to the conditions to which such permit was granted,
and
ii.
the development is completed within the time limit requirements of such a permit
or within 12 months from the date of issuance;
C.
the use of a development referred to in subsection (B) for the purpose for which
development was commenced;
D.
the erection or placement of a temporary building or sign, the sole purpose of which is
incidental to the erection of a building for which a development permit has been granted,
provided the temporary building is removed within thirty (30) days of substantial
completion or as determined by the development authority;
E.
the installation, maintenance, or repair of public works, services and utilities carried out by
or on behalf of the Crown, federal, provincial and municipal public authorities on land that
is publicly owned or controlled. This excludes private development on Crown land or on
land that is publicly owned or controlled;
F.
advertisement or signs in relation to the function of Local Authorities, Utility Boards or
other public or quasi-public bodies;
G.
an accessory building or structure with a gross floor area of under 18.0 sq. m (193.8 sq.
ft.) that meets the minimum required yard and setback requirements indicated in this
Bylaw, but not including a wind energy conversion system unless the system is specifically
related to only one (1) dugout;
H.
signs posted or exhibited in a building;
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I.
signs posted or exhibited in or on an operating motor vehicle if the vehicle is not
temporarily or permanently parked solely for the purpose of displaying the sign;
J.
a statutory or official notice of a function of Smoky Lake County;
K.
traffic signs authorized by Smoky Lake County and/or Alberta provincial authorities;
L.
a sign exhibited solely to identify the land or building on which it is displayed, or to direct
visitors to a specific occupant of a building, if the sign does not exceed 0.19 sq. m (2.0 sq.
ft.) in area and conforms with all other orders, bylaws and regulations affecting such signs;
M.
temporary advertisement relating to the sale of goods or livestock, the carrying out of
building or similar work, announcement of any local event of a religious, educational,
cultural, political, or similar character not exceeding 2.97 sq. m (32.0 sq. ft.) provide that all
such temporary advertisements shall be removed by the advertiser within fifteen (15) days
of the completion of the event or works to which such advertisement relates;
N.
a maximum of two (2) signs relating to the sale, lease or rental of the building or parcel on
which they are located provided that, in the opinion of the Development Authority, they do
not constitute a hazard to persons using the public road or reduce the amenity of an
adjacent parcel and provided that all such temporary advertisements shall be removed by
the advertiser within fifteen (15) days of the completion of the event or works to which
such advertisements relate;
O.
the erection of campaign signs for federal, provincial, municipal or school board elections
on privately-owned lots for no more than thirty (30) days, or such time as regulated under
provincial or federal legislation provided that:
i.
such signs are removed within seven (7) days after the election date;
ii.
the consent of the property owner is obtained;
iii.
such signs do not obstruct or impair vision or traffic; and
iv.
such signs are not attached to fences, trees, or utility poles; and such signs
indicate the name and address of the sponsor and the person responsible for
removal;
P.
signs for the purpose of identification, direction and warning or relating to a person,
partnership or company carrying on a profession, business or trade, or relating to an
institution of a religious, educational, cultural, recreational or similar character or to a
residential hotel, apartment block, club or similar institution, not exceeding 1.1 sq. m (12.0
sq. ft.) which are:
i.
not illuminated; and
ii.
limited to one (1) sign per parcel;
Q.
the erection or placement of a satellite dish less than 1.0 m (3.3 ft.) in diameter;
R.
the construction of a private driveway;
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S.
subdivision entrance signs which were identified within a development agreement and
developed as part of the approval of a subdivision application;
T.
fences in the Agriculture District(s), provided the requirements of Section 7.7 are satisfied;
U.
the erection or construction of gates, fences, walls or other means of enclosure less than
1.0 m (3.3 ft.) in height in front yard and less than 2.0 m (6.6 ft.) on side and rear yard
does not require a development permit. This includes the erection or construction of gates,
fences, walls or other enclosures less than 1.0 m (3.3 ft.) within 6.0 m (20.0 ft.) of the
intersection of lanes, streets or a street and lane. The erection of any enclosures (fences,
gates, walls) greater in height than figures alluded to in this section shall not be permitted
unless a development permit is applied for and issued;
V.
landscaping where the proposed grades will not adversely affect the subject or adjacent
parcels of land, including the hard-surfacing of part of a lot for the purposes of providing
vehicular access from a road to an attached or detached garage or carport, provided that
such hard-surfacing does not exceed 7.5 m (24.6 ft.) in width, on parcels of land under
4,645.2 sq. m (50,000 sq. ft).;
W.
an unenclosed patio that meets the minimum distance requirements outlined in Section
6.14 of this Bylaw;
X.
development within a basement which does not change or add to the uses within a
dwelling;
Y.
trappers' cabins on Crown Land;
Z.
the erection or placement of a Communication Antenna Facility.
AA.
the repair or replacement of a building that is destroyed by an act of God or fire providing:
i.
the original building was not a non-conforming use;
ii.
the original building was a permitted use; and
iii.
the replacement building will be located in the same location, same size and foot
print, used for the same purposes as the original.
BB.
on parcels of land exceeding 32.38 ha (80.0 ac.), used for extensive agricultural purposes:
i.
the carrying out of construction, excavation or other operations requisite for the
continued use of that land for extensive agricultural purposes including:
a. the planting of shelter belts or trees;
b. the construction of water wells; and
the construction of farm buildings provided that the landowner certifies,
in a form acceptable to the Development Authority, that the
development shall be used for extensive agricultural purposes.
However, the foregoing shall not apply to any building or other structure,
other than a fence, to be erected within 38.1 m (125.0 ft.) of the centre
line of any surveyed municipal road right-of-way or closer than the
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setback requirements established in Section 6.18 of this Bylaw, nor to
the development of any dwelling or garage; nor within 121.9 m (400.0
ft.) of a river, stream, creek, or lake;
ii.
a minor home occupation;
iii.
the development of land for a confined feeding operation or a manure storage
facility within the meaning of the Agricultural Operation Practices Act if the
confined feeding operation or the manure storage facility is the subject of an
approval, registration or authorization under the Agricultural Operation Practices
Act;
iv.
personal use of tennis courts and above ground swimming pools or hot tubs,
where there is an existing permanent dwelling;
v.
activities and uses associated with temporary oil and gas exploration as per the
Act; or
vi.
the demolition or removal of any building or structure.
CC.
on parcels larger than 0.8 ha (2.0 ac) in area in the Agriculture (AG) District and the
Victoria Agriculture (A1) District, the placement of up to a maximum of two (2) shipping
containers.
2.3
NON-CONFORMING BUILDINGS AND USES
1.
A non-conforming use of land or a non-conforming use of a building may be continued but if that
use is discontinued for a period of six (6) consecutive months or more, any future use of the land or
building shall conform with the regulations of the Land Use Bylaw then in effect.
2.
The non-conforming use of part of a building may be extended throughout the building but the
building, whether or not it is a non-conforming building, shall not be enlarged or added to and no
structural alterations shall be made thereto or therein unless specifically authorized by the
Development Authority pursuant to the Act, and in accordance with the variance provisions set
forth in this Bylaw.
3.
A non-conforming use of part of a parcel shall not be extended or transferred in whole or in part to
any other part of the parcel and no additional buildings shall be erected upon the parcel while the
non-conforming use continues.
4.
A non-conforming building may continue to be used but the building shall not be enlarged, added
to, rebuilt or structurally altered except:
A.
as may be necessary to make it a conforming building; or
B.
as the Development Authority considers necessary for the routine maintenance and
ongoing use of the building;
C.
as specifically authorized by the Development Authority pursuant to the Act, and in
accordance with the variance provisions set forth in this Bylaw.
5.
Pursuant to the Act, when:
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A.
on or before the day on which this Bylaw or any Bylaw for the amendment thereof
comes into force, a development permit has been issued; and
B.
the enactment of the Bylaw would render the development in respect of which the
permit was issued a non-conforming use or non-conforming building; the development
permit continues in effect.
6.
If a non-conforming building is damaged or destroyed to the extent of more than 75% of the value
of the building above its foundation, the building shall not be repaired or rebuilt except in
accordance with the Land Use Bylaw.
7.
The use of land or the use of a building is not affected by reason only of a change of ownership,
tenancy or occupancy of the land or building.
2.4
GENERAL DEVELOPMENT PERMIT APPLICATION REQUIREMENTS
1.
An application for a development permit shall be made to the Development Authority in writing, on
the application form provided by the municipality and shall be accompanied by:
A.
a site plan, to scale, showing the legal description; north arrow; location and
dimensions of property lines; existing utility rights-of-way and easements; fences;
driveways; paved areas; proposed front, rear, and side yard setbacks, if any; any
provisions for off-street loading and vehicle parking; access and egress points to the
site; and any encumbrance such as rights-of-way;
B.
existing and proposed building dimensions;
C.
the location of abandoned wells (if applicable), location of water bodies (if applicable),
and the location of developed and undeveloped roads (if applicable);
D.
the type and location of water supply and sewage and waste water disposal facilities;
E.
a statement of uses;
F.
a statement of ownership of the land and the interest of the applicant therein;
G.
the signatures of at least one of the registered landowners listed on the Certificate of
Title;
H.
the estimated commencement and completion dates;
I.
the estimated cost of the project or contract price;
J.
an application fee as established by resolution of Council;
K.
a letter from the registered owner authorizing the right-of-entry by the Development
Authority to such lands or buildings as may be required for investigation of the
proposed development;
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L.
in the case of an application for a development permit on Crown Land Provincial
authorization for the development; and
M.
any other information as required by the Development Authority.
2.
The Development Authority may also require additional information in order to assess the
conformity of a proposed development with this Bylaw before consideration of the development
permit application shall commence. Such information may include:
A.
floor plans;
B.
elevations and sections of any proposed buildings;
C.
a Real Property Report, or other documentation indicating the exact location of all
structures on the property (prepared within the last five (5) years), in a form that is
acceptable to the Development Authority;
D.
drainage, grading and landscaping plans which provide pre- and post-construction site
elevations;
E.
a storm water management plan approved by Alberta Environment and Sustainable
Resource Development (or other appropriate provincial authority);
F.
a geotechnical report prepared, stamped and signed by a qualified professional
registered in the Province of Alberta in potentially hazardous or unstable areas;
G.
a biophysical assessment prepared, stamped and signed by a qualified professional,
registered in the Province of Alberta, on the impacts of the proposed development on
wildlife habitat or natural environments;
H.
a reclamation plan for aggregate extraction or site grading and excavation;
I.
an environmental assessment to determine potential contamination and mitigation;
J.
in the case of the placement of on already constructed or partially constructed building
on a parcel of land, information relating to the age and condition of the building and its
compatibility with the District in which it is to be located;
K.
a hydro-geological assessment, prepared, stamped and signed by a registered
professional engineer or hydro-geologist, registered in the Province of Alberta, of any
potential flooding or subsidence hazard that may, in the sole opinion of the
Development Authority, affect the subject site;
L.
a site plan detailing how vegetation, topography disturbance or erosion is to be
minimized;
M.
an environmental impact assessment describing a development's potential
environmental effects;
N.
within the Garner Lake Area Structure Plan area, a landscaping plan;
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O.
a Cumulative Effects Assessment;
P.
the identification of all right-of-ways and easements within or abutting the subject
property; and/or
and any additional information as the Development Authority deems necessary.
3.
When, in the opinion of the Development Authority, sufficient details of the proposed development
have not been included with the application for a development permit, the Development Authority
may, at its sole discretion, either return the application to the applicant for further details or make a
decision on the application with the information it has available. An incomplete application shall be
deemed to not have been submitted until all required details have been provided to the satisfaction
of the Development Authority.
4.
The Development Authority may make a decision on an application for a development permit
notwithstanding that any information required or requested has not been submitted.
5.
All applications for development permits on sites adjacent to another municipality shall be
submitted to the other municipality for comments prior to rendering a decision. The Development
Authority shall not be bound by the recommendation of the other municipality.
6.
In the case of an application for a Development Permit on Crown Land, the County will require
Provincial authorization prior to the issuance of a Development Permit.
2.5
INDUSTRIAL DEVELOPMENT PERMIT APPLICATION REQUIREMENTS
1.
In addition to the information requirements indicated in Section 2.4, each application for industrial
development shall be accompanied by the following information:
A. type of industry;
B. estimated number of employees;
C. estimated water demand and anticipated source;
D. estimated increase of noise;
E. estimated air emissions;
F. type of effluent and method of treatment;
G. transportation routes to be used (rail and road);
H. reason for specific location;
I.
means of solid waste disposal;
J. any accessory works required (pipeline, railway spurs, power lines, etc.);
K. anticipated residence location of employees;
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L. municipal servicing costs associated with the development;
M. physical suitability of site with respect to soils, slopes and drainage;
N. if a subdivision is involved, the size and number of parcels and proposed phasing (if any);
O. servicing requirements and provisions for meeting them;
P. costs associated with providing new or upgraded municipal services associated with the
development;
Q. Heritage Resources Impact Assessment or a letter from the appropriate provincial authority
indicating that a Heritage Resources Impact Assessment is not required.
and/or any other information as may be reasonably required by the Development Authority.
2.
In addition to the information requirements indicated in Section 2.4 of this Bylaw, the Development
Authority may require, for a proposed industrial use, the provision of environmental assessment
information, risk assessment and a cumulative effects assessment to assist the County in
assessing the effect of the proposed development in relation to the working and cultural
landscapes within the County and indicate both if and how any negative matters can be mitigated.
3.
In addition to the information requirements indicated in Section 2.4 and 2.5, the Development
Authority may require an applicant for a subdivision or development permit for Cannabis
Production and Distribution to submit any or all of the following information, prepared by a
qualified professional, with the application:
A. Waste Management Plan;
B. Environmental Assessment;
C. Traffic Impact Assessment;
D. Water/Wastewater Report;
E. Storm Water Management Plan; and/or
F. Any additional study or assessment necessary to address specific concerns at the
discretion of the Subdivision or Development Authority.
4.
In addition to the information requirements indicated in Section 2.4 and 2.5, the Development
Authority or Subdivision Authority may require an applicant for subdivision or a development permit
for the development of an Industrial Hemp Production and Distribution Facility to provide the
following information, prepared by a qualified professional, with the application:
A. Waste Management Plan;
B. Environmental Assessment;
C. Traffic Impact Assessment;
D. Water/Wastewater Report;
E. Storm Water Management Plan; and
F. Any additional study or assessment necessary to address specific concerns identified by
the Development Authority and/or Subdivision Authority in the course of their review of the
application.
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2.6
COMMERCIAL & RECREATION DEVELOPMENT PERMIT APPLICATION
REQUIREMENTS
1.
In addition to the information requirements indicated in Section 2.4 of this Bylaw, the Development
Authority shall require each application for a commercial or recreational development to be
accompanied by the following information:
A. physical suitability of site with respect to soils, slopes and drainage;
B. the size and number of parcels and proposed phasing (if any);
C. infrastructure and utility servicing requirements and provisions for meeting them;
D. potential long term costs of proposed costs associated with providing new or upgraded
municipal services associated with the development;
E. the requirements and provisions for employee and customer parking and for site access;
F. a landscaping plan;
G. cross-sections and elevations for each building; and
H. a list of proposed uses.
2. In addition to the information requirements indicated in Section 2.4, the Development
Authority or Subdivision Authority shall require an applicant for subdivision or a
development permit for Cannabis Retail Sales, to include with the application the
following information:
A. A. a map identifying the distance from the proposed development to all property
boundaries of:
i. buildings containing a school or a boundary of a parcel of land on which
a school is located;
ii. parcels of land that are designated as School Reserve or Municipal and
School Reserve under the Municipal Government Act, R.S.A. 2000, c. M-
26, as amended;
iii. iii. provincial health care facilities or the boundary of a parcel of land on
which the facilities are located; and
iv. iv. any other development or land use required by the Alberta Gaming,
Liquor, and Cannabis Commission;
2.7
NATURAL RESOURCE EXTRACTION DEVELOPMENT PERMIT REQUIREMENTS
1.
In addition to the information requirements indicated in Section 2.4 and Section 7.16 of this Bylaw,
the Development Authority shall require, where not required to do so by the Province, that each
application be accompanied by the following information:
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A. a reclamation plan and a statement indicating the projected final use of the site. In those
cases where the proponent is required to do so by the Province, the proponent shall submit
a copy of the reclamation plan to the County;
B. for Class I Pits on Private Land (5 ha. (12.5 ac.) or greater in area): proof of approval from
Environment and Sustainable Resource Development;
C. for Class II Pits on Private Land (under 5 ha. (12.5 ac.) in area): a reclamation deposit in the
amount of $2,000 per acre for each acre of land within the working pit;
D. the developer shall be responsible to ensure compliance with all applicable federal and
provincial legislation and regulations.
E. all natural resource extraction development permits shall be considered temporary
developments as specified by the Development Authority.
F. statement indicating the number of years the pit is proposed to be in operation;
G. anticipated generation of motor vehicle traffic estimated on a daily, weekly or monthly basis;
H. number of vehicles that will be used in the hauling of materials and the proposed hauling
route to and from the site;
I.
type and number of equipment to be used for each activity to be carried out on the site;
J. access locations to and from the site, including roads and highways, and anticipated traffic
generation on each of the roads and highways resulting from the development;
K. dust control measures to be implemented, including the suppressant materials or methods
to be used either on the pit floor and on stockpiles as well as the proposed frequency of
application;
L. projected impacts of dust or emissions (asphalt, gravel crushing, concrete or other) and the
methods to be used for controlling such dust or emission;
M. proposed frequency for cleaning settled dust from, in and around gravel crushing plants;
N. provisions for loading and parking;
O. descriptions of an noxious, toxic, radioactive, flammable or explosive materials to be stored
or used on the site;
P. location of garbage and storage areas and proposed fencing and screening for the same, as
well as the proposed method for disposing of garbage;
Q. provision of a written security plan that identifies potential dangerous situations, area and
typical procedures to be used for monitoring the site during periods of activity and also when
activity on the site is suspended;
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R. proposed methods to be used to restrict public access, protect wildlife, neighbouring
livestock and domestic animals;
S. quality and quantity of well water and soil tests for the water systems that may be used in
conjunction with the proposed development;
T. amount of water required for the proposed development on a daily, weekly or monthly basis
and the proposed water source;
U. engineering studies which demonstrate the suitability of the proposed method of water
supply;
V. engineering studies which demonstrate the suitability of the proposed method of effluent
disposal;
W. engineering studies which demonstrate the suitability of the proposed method of surface
water management;
X. method proposed for controlling noise, dust and drainage from the site both during and after
completion of the operation;
Y. profiles and cross sections showing the original ground level, the proposed depth of any
excavation, the finished grade elevation, the depth of the over-burden and water table
elevations;
Z. the method intended to be used for excavation of the materials contained within the land,
backfilling, terracing, compacting, leveling, reclaiming the site and equipment to be used in
connection therewith;
AA. the method to be used for supporting pit walls;
BB. size, number and location of stockpiles of topsoil, overburden and gravel;
CC. proposed days and hours of operation for each activity and any known or regularly
anticipated periods of inactivity;
DD. if the proposal is located within the heritage overlay area, then a Historic Resource Impact
Assessment and/or clearance from the Alberta Culture and Community Spirit; and
EE. where an asphalt paving plan or concrete producing plant is proposed, a signed statement
indicating that the proposed development conforms to the current Code of Practice for
asphalt paving plants or concrete producing plants.
2.
Without limiting the requirements of the Development Authority, the proponent will also be required
to enter into:
A. a haul road agreement with the County; and
B. a development agreement with the County.
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2.8
EXCAVATION AND STRIPPING OF LAND DEVELOPMENT PERMIT
REQUIREMENTS
1.
In addition to the information requirements indicated in Section 2.4 of this Bylaw, the Development
Authority shall require each application for the excavation, stripping or grading of land proposed
without any other development on the same land, to be accompanied by the following information:
A. location and area of the site where the excavation is to take place;
B. the type and dimensions including average depth of the excavation to be done, and the
potential, if any, to affect existing drainage patterns on and off the site;
C. the depth and variation in depth of groundwater encountered in test holes, if required at the
discretion of the Development Authority;
D. identification of potential for outdoor noise and the discharge of substances into the air;
E. a reclamation plan - including information regarding the condition in which the site is to be
left when the operation is complete, including the action which is to be taken for restoring
the condition of the surface of the land to be affected, and for preventing, controlling or
lessening erosion or dust from the site; and
F. potential long term costs of new or upgraded municipal services associated with the
development.
2.9
WIND ENERGY CONVERSION SYSTEM DEVELOPMENT PERMIT
REQUIREMENTS
1.
In addition to the information requirements indicated in Section 2.4 of this Bylaw, the Development
Authority shall require each application for a wind energy conversion system to be accompanied by
the following information:
A. a fully dimensioned, scaled site plan showing and labeling the information including the
location of overhead utilities on or abutting the subject site, contours of the land, and access
roads;
B. a visual representation including scale elevations, photographs and/or digital information of
the proposed wind energy conversion system showing total height, tower height, rotor
diameter, colour, and the landscape;
C. the manufacturer's specifications for the wind energy conversion system, including:
i.
the system's rated output in kilowatts,
ii.
safety features and sound characteristics, and
iii.
type of material used in tower, blade, and/or rotor construction;
D. an analysis of the potential for noise at:
i.
the site of the installation,
ii.
the boundary of the lot containing the development, and
iii.
any habitable dwelling within 2.0 km (1.2 miles) of the subject site;
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E. a report regarding any public information meetings or other processes conducted by the
developer;
F. any impacts to the local road system including required approaches from public roads
having regard to County standards;
G
a preliminary reclamation/decommissioning plan; and
H.
appropriate reports and/or approvals from:
i.
Alberta Energy and Utilities Board,
ii.
Transport Canada,
iii.
NavCanada,
iv.
Alberta Community Development, and
v.
Alberta Environment and Alberta Sustainable Resource Development.
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Development Permit
Application Made
Development Authority
Review
Application Approved
(with/without conditions)
If No Decision Made In 40 Days,
Applicant Can Deem Refused
Application Refused
Notice of Decision Made
If No Appeal Made (within
14 days)
If Appealed to SDAB
(within 14 days)
Development
Permit in Effect
SDAB Hearing
SDAB Approves
SDAB Refuses
Development Begins
Application to Court of Appeal (within 30 days)
only on a question of law or jurisdiction
Building Permit Application (if
required)
Appeal Upheld by
Court
Appeal Denied by Court
Development Begins
New Application
(optional) * Only after
six months lapses
from the date of the
Appeal Court's
decision
New Application
(optional) * Only after six
months lapses from the
date of the Appeal
Court's decision
Figure 14: Development Permit Process
Note: This diagram is not adopted as part of this Bylaw.
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2.10
REFERRAL OF APPLICATION
1.
Historical or archaeological sites identified pursuant to the Alberta Historical Resources Act shall
be protected in accordance with Provincial legislation and regulations.
2.
In addition to any sites identified in (1) above, an application for a development permit which may,
in the opinion of the Development Authority, impact on any historical or archaeological site
identified pursuant to (1) above within the County will be submitted to the Smoky Lake County
Regional Heritage Board and Alberta Culture and Community Spirit for comment.
3.
All subdivision proposals and all applications for discretionary development permits or where a
variance is provided within the Heritage Overlay shall be forwarded to the Smoky Lake County
Regional Heritage Board for comment.
4.
All subdivision proposals and all applications for discretionary development permits or where a
variance is provided within the Heritage Overlay shall be forwarded to the Victoria Home Guard
Historic Society.
5.
Development permit applications within 800.0 m (2640.0 ft.) of the right-of-way of a provincial
highway may, at the discretion of the Development Authority, be referred to Alberta Transportation
for comment.
6.
Development permit applications for uses within 3.2 km (2.0 miles) of a confined feeding operation
may be referred to the County Agricultural Fieldman for comments and for assistance in calculating
any necessary development setback distance.
7.
All subdivision proposals and all applications for significant discretionary development permits
within 3.2 km (2.0 miles) of adjacent municipalities shall be referred to the adjacent municipality for
comment prior to a development permit being issued or a subdivision being approved.
8.
The Development Authority may refer any application for a development permit prior to making a
decision on the application to any other person, agency, or organization as deemed necessary or
suitable by the Development Authority.
2.11
DECISIONS ON DEVELOPMENT PERMIT APPLICATIONS
1.
The Development Authority Officer shall:
A.
receive and review all applications for development permits;
B.
refer their recommendations to the Municipal Planning Commission for its consideration
and decision regarding all applications for a discretionary use;
C.
refer with his/her recommendations to the Municipal Planning Commission for its
consideration and decision all applications for a development permit for a permitted use
which do not comply with all of the regulations of this Bylaw;
D.
refer to the Council for its consideration and decision all applications for a discretionary
use or any development permit application within a Direct Control (DC District); and
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E.
consider and decide on all other applications for development permits;
F.
shall issue decisions for development applications for those uses listed in Direct Control
Districts when directed to do so by Council.
2.
In making a decision, the Development Authority may approve the application unconditionally,
approve the application subject to those conditions he/she considers appropriate, approve the
application permanently or for a limited period of time, or refuse the application.
5.
The Development Authority may require that as a condition of issuing a development permit, the
applicant enter into an agreement to construct or pay for the construction of roads, pedestrian
walkways or parking areas which serve the development or which connect the walkway with
another walkway system that serves or is proposed to serve an adjacent development, to install or
pay for the installation of public utilities other than telecommunications systems or works, to pay an
off-site levy, and/or to give security to ensure that the terms of the agreement noted herein are
carried out.
6. In approving an application for a development permit, the Development Authority may impose the
condition that the approved development be allowed to operate for a limited period of time, which
shall be specified on the permit, and that upon the expiry of such time the use allowed shall be
discontinued and any buildings that were erected as a result of the development permit shall be
removed, and the site restored to its original condition prior to the issuance of the development
permit.
7. The Development Authority may approve an application for a development permit even though the
proposed development does not comply with the regulations of this Bylaw, or if the development is
to be a rebuilding, an enlargement, an addition, or a structural alteration of a non-conforming
building, if, in the opinion of the Development Authority:
A.
the proposed development would not:
i.
unduly interfere with the amenities of the neighbourhood; or
ii.
materially interfere with or affect the use, enjoyment or value of neighbouring
parcels of land; and
B.
the proposed development conforms with the use prescribed for that land or building in
this Bylaw.
8. When a development permit application is refused, the Development Authority shall not accept the
submission of another application for a permit on the same parcel of land and for the same or
similar use by the same or any other applicant for six (6) months after the date of the refusal unless
the reason(s) for the refusal have been rectified to the satisfaction of the Development Authority.
However, when an application has been deemed refused as per subsection (7) below the
Development Authority may accept a new application without waiting six (6) months after the date
of the refusal.
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9. 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 and acceptance of the
completed application by the Development Authority unless an agreement to extend the forty (40)
day period is established between the applicant(s) and the Development Authority.
8.
When the Development Authority refuses an application for a development permit, the decision
shall contain reasons for the refusal, the time period within which an appeal can be made, and to
whom the applicant may appeal, if so desired.
9.
Where the development of land involves a subdivision of land, no development permit shall be
issued until the subdivision has received a level of approval satisfactory to both the Subdivision
Authority and the Development Authority.
10.
The Development Authority may suspend or revoke a development permit:
A.
at any time, where the permit was issued on the basis of incorrect information, fraud,
non-disclosure, or misrepresentation on the part of the applicant;
B.
if the conditions of the approval of the development permit have not been complied
with or cease to be complied with;
C.
if requested to do so by the applicant; or
D.
within 14 days of issue of the permit, where the permit was issued in error.
2.12
POWERS OF VARIANCE
1.
In addition to the requirements of Section 2.4, when an application for a Development Permit
application is submitted for a Permitted or Discretionary Use which does not comply with the
provisions of the Bylaw, the Development Authority may request a statement from the applicant
identifying the following:
A.
that the applicant is aware that the proposed development requires a variance of this
Land Use Bylaw; and
B.
why the proposed development cannot satisfy the provisions of this Bylaw and therefore
requires the proposed variance.
2.
The Development Authority may approve or conditionally approve a permitted or discretionary use
that does not conform to this Land Use Bylaw if, in the opinion of the Development Authority the
proposed development would not:
A.
unduly interfere with the amenities of the neighbourhood;
B.
materially interfere with or affect the use, enjoyment or value of neighbouring parcels
of land; and
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C.
the proposed development conforms with the use prescribed for that land or building in
this land use bylaw.
3.
Development Permit applications that propose a variance from the provisions of this land use
bylaw in excess of 25% will be referred by the Development Authority Officer to the Municipal
Planning Commission.
Note: Use and density provisions cannot be varied by the Development Authority. If a proposed
development does not conform to the use and density requirements within the applicable district
then a Land Use Bylaw amendment will be required prior to development approval.
2.13
VALIDITY OF DEVELOPMENT PERMITS
1.
When a development permit has been granted by the Development Authority, it shall not be valid
unless and until the conditions of the permit, save those of a continuing nature, have been fulfilled
and no notice of appeal has been served on the Subdivision and Development Appeal Board within
the appeal period.
2.
When the Subdivision and Development Appeal Board has approved a development permit, the
permit shall not be valid until the decision of the Board is issued in writing.
3.
If the Subdivision and Development Appeal Board is served with notice of an application for leave
to appeal its decision, such notice shall suspend the development permit, except where approval
has been granted for a permitted use or, where a license, permit, approval or other authorization is
granted by the Natural Resource Conservation Board, Energy Resources Conservation Board or
Alberta Energy and Utilities Board to the extent that the application complies with the license,
permit, approval or other authorization granted. The final determination of an appeal, except for
those applications approved as a permitted use and/or, by the Natural Resource Conservation
Board, Energy Resources Conservation Board and Alberta Energy and Utilities Board, shall
validate, amend or revoke, as the case may be, a suspended development permit.
2.14
NOTICE OF DECISION
1.
Within five (5) working days after a decision on a development permit application, the Development
Authority Officer shall send a notice by regular mail of the decision to the applicant and post
information about the development permit including the location of the effected site, to the County's
public webmap. Mailing the notice shall not be required when an applicant picks up a copy of the
decision.
2.
In addition to Subsection (1), within five (5) working days after a decision on a development permit
application for a discretionary use or after a variance has been granted, the Development Authority
Officer shall:
A.
send notice by regular mail to adjacent land owners, as identified on the Smoky Lake
County Assessment Roll, to provide notice of the decision and right of appeal;
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B.
publish a notice of the decision in a newspaper circulating in the municipality stating
the legal description of the property, municipal address of the application, nature of the
approved development and right of appeal;
3.
When the Development Authority refuses a development permit application, the decision shall
contain reasons for the refusal.
2.15
COMMENCEMENT AND COMPLETION
1.
If the development authorized by a development permit is not commenced within 12 months from
the date of its issuance and carried out with reasonable diligence within five (5) years of the date of
issuance the permit is deemed to be void, unless an extension to this period has previously been
granted by the Development Authority.
2.
Upon application to the Development Authority, prior to the expiry of an approved development
permit application, the Development Authority may grant an extension to the effective period of a
development permit for a period that shall not exceed 12 months.
3.
When a development permit expires, a new application is required. The new application will be
reviewed and a decision issued based on the current merits of the proposed development in
relation to current municipal, provincial and federal regulations, requirements, policies and
practices. The Development Authority shall not be obliged to approve a development permit based
on a previous approval.
4.
In cases where a use is discontinued, or intended to be discontinued for a period of six (6) months
or more, any subsequent use of the land or building shall comply with this bylaw and shall require a
new development permit.
2.16
DEVELOPER'S RESPONSIBILITY
1.
A person to whom a development permit has been issued shall obtain from the appropriate
authority where applicable, permits relating to building, grades, sewers, sanitary and storm water
disposal, water mains, electricity, and all other permits required in connection with the proposed
development.
2.
The applicant shall be financially responsible during construction for any damage by the applicant,
his/her servants, suppliers, agents or contractors to any public or private property.
3.
The applicant shall prevent excess soil or debris from being spilled on public road allowances
streets, lanes and sidewalks.
4.
No building or use shall be used or occupied and no change in the existing occupancy
classification of a building shall be made until the developer, proposed user or proposed occupant
of said building or use demonstrates that substantial completion, as determined by the Authority,
has been undertaken.
2.17
ON-SITE AND OFF-SITE SERVICES AND IMPROVEMENTS
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1.
Where any on-site services or improvements, or any off-site local improvements are required to
service a proposed development, a developer shall not begin the work nor commence the
development until the Development Authority is satisfied that such services or improvements will
be undertaken according to the standards and specifications of the County.
2.
No development permit shall be issued for a development to be serviced by private sewer and
water systems until the systems have been approved by the appropriate agency.
3.
All future development areas must be serviced to the satisfaction of the Development Authority.
As a condition of development approval, the Development Authority may require
the developer to enter into a development agreement with the municipality, to do
any or all of the following:
a) to construct or pay for the construction or upgrading of:
i.
any roads or bike pathways required to give access to the
development;
ii.
a pedestrian walkway system to serve the development or to
provide pedestrian access to adjacent developments, or both;
iii.
off-street or other parking and bicycle parking facilities; and
iv.
loading and unloading facilities.
b) to install or pay for the installation of any public utilities, other than
telecommunications systems or works, that are necessary to serve the
development;
c) to repair or reinstate, or to pay for the repair or reinstatement of any items
which may be damaged, destroyed or otherwise harmed by development
or building operations, including but not limited to street furniture, curbing,
sidewalk, bicycle infrastructure, boulevard landscaping and tree planting;
d) to carry out landscaping of the site which may include the retention and/or
planting of trees, noise attenuation fencing, the construction of an earth
berm or other form of screening;
e) to pay an off-site levy or redevelopment levy;
f) to provide an irrevocable letter of credit, or other form of security in such
sum specified, as the Development Authority deems appropriate to ensure
compliance with the terms of the agreement and the conditions of the
development permit; and
g) such other works or other matters the Development Authority considers
necessary or advisable having regard to the nature of the proposed
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development.
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3
APPEALS
3.1
DEVELOPMENT APPEALS AND PROCEDURES
1.
An appeal may be made to the Subdivision and Development Appeal Board where a Development
Authority:
A.
refuses or fails to make a decision on a development permit application within 40 days
of receipt of a completed application or prior to the expiry date of an agreement
between the applicant(s) and the Development Authority Officer to extend the 40-day
period herein described; or
B.
issues a development permit subject to conditions; or
C.
issues a development permit for a discretionary use, or for a permitted use pursuant to
this Bylaw; or
D.
issues an order under Section 5 of this Bylaw.
2.
A person applying for the permit or affected by an order under Section 5.1(1), or any other person
affected by a development permit, order or decision issued/made by the Development Authority,
may appeal to the Subdivision and Development Appeal Board.
3.
Notwithstanding Subsections (1) and (2) no appeal lies in respect of the issuance of a
development permit for a permitted use unless the provisions of the Land Use Bylaw were relaxed,
varied or misinterpreted.
4.
Notwithstanding Subsections (1) and (2) no appeal to the Subdivision and Development Appeal
Board lies in respect of the issuance of a development permit by Council in the Direct Control
District.
5.
An appeal shall be made by serving a written notice of appeal to the Secretary of the Subdivision
and Development Appeal Board within fourteen (14) days after:
A.
the date on which the person is notified of the order or decision or the issuance of the
development permit; or
B.
if no decision is made with respect to the application within the 40-day period or within
any extension issued under section 684 of the Act.
C.
The written notice must contain the development permit number, the appellant's name,
phone number, mailing address, and email address (if available), and at least one
reason for the appeal.
6.
The written notice of appeal must contain the development permit number, the name, phone
number, mailing address and email address (if available) of the appellant as well as at least one (1)
reason for the appeal.
7.
Each notice of appeal shall be accompanied by a fee as set by Council and shall contain at least
one reason for appeal.
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3.2
APPEAL HEARING PROCEDURE
1.
Within thirty (30) days of receipt of a notice of appeal, the Subdivision and Development Appeal
Board shall hold a hearing respecting the appeal.
2.
The Subdivision and Development Appeal Board shall give at least five (5) days' notice in writing of
the hearing to:
A.
the appellant;
B.
the Development Authority;
C.
the applicant and/or landowner(s);
D.
those adjacent landowners in the municipality who were notified under Section 2.14 of
this Bylaw and any other person who in the opinion of the Subdivision and
Development Appeal Board, is affected by the order, decision or permit; and
E.
such other persons as the Subdivision and Development Appeal Board specifies.
3.
The Subdivision and Development Appeal Board shall make available for public inspection before
the commencement of the public hearing, all relevant documents and materials respecting the
appeal including:
A.
the application for the development permit, the decision and the notice of appeal; or
B.
the order of the Development Authority under Section 5 of this Bylaw or Section 645
of the Act;
as the case may be.
4.
At the hearing referred to in Section 3.2(1), the Subdivision and Development Appeal Board shall
hear:
A.
the appellant or any person acting on his behalf;
B.
the Development Authority from whose order, decision or development permit the
appeal is made, or if a person is designated to act on behalf of the Development
Authority, that person;
C.
any other person who was served with notice of the hearing pursuant to Section 3.2(2)
and who wishes to be heard, or a person acting on his behalf; and
D.
any other person who claims to be affected by the order, decision or permit and that
the Subdivision and Development Appeal Board agrees to hear, or a person acting on
his or her behalf.
3.3
DECISION
1.
In determining an appeal, the Subdivision and Development Appeal Board:
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A.
shall have due regard for any applicable statutory plans and the County's Land Use
Bylaw;
B.
shall comply with the Province's Land Use Policies and applicable regional plans;
C.
may confirm, revoke or vary the order, decision or development permit or any condition
attached to any of them or make or substitute an order, decision or permit of its own;
D.
must have regard for, but is not bound by, the Subdivision and Development
Regulation;
E.
may make an order or decision or issue or confirm the issue of a development permit
notwithstanding that the proposed development does not comply with the Land Use
Bylaw if, in the opinion of the Subdivision and Development Appeal Board
i.
the proposed development would not:
a.
unduly interfere with the amenities of the neighbourhood, or
b.
materially interfere with or affect the use, enjoyment or value of
neighbouring properties.
ii.
the proposed development conforms with the use prescribed for the land
or building as defined in this Land Use Bylaw.
2.
The Subdivision and Development Appeal Board shall give its decision in writing together with
reasons for the decision within 15 days of the conclusion of the hearing.
3.
A decision made under this part of the Bylaw is final and binding on all parties and all persons
subject only to an appeal upon a question of jurisdiction or law pursuant to Section 688 of the
Municipal Government Act. An application for leave to appeal to the Appellate Division of the
Supreme Court of Alberta shall be made:
A.
to a judge of the Court of Appeal; and
B.
within thirty (30) days after the issue of the order, decision, permit or approval sought
to be appealed.
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4
AMENDMENT TO THE LAND USE BYLAW
4.1
APPLICATION TO AMEND THE LAND USE BYLAW
1.
Subject to the provisions of the Municipal Government Act, any Section or Part of this Bylaw may
be amended.
2.
Council may, at any time, initiate an amendment to this Bylaw, but prior to first reading of any
proposed amendment the proposal shall be referred to the Development Authority Officer to
prepare an amendment application, reports and recommendations.
3.
Any person applying to have this Bylaw amended shall apply in writing to the Development
Authority, using the application form provided by Smoky Lake County, and request that the
Development Authority submit the application to the Council.
4.
An applicant proposing to amend this bylaw for a purpose of clarification of an existing provision
must provide the following information:
A.
reasons in support of the application;
B.
drawings showing the subject site, the proposed District and the proposed use and
development to be proposed on the site, if applicable;
C.
the program of land servicing, if applicable;
D.
a recent title search (dated within thirty (30) days of the date the application is
received) of the land affected and/or other documents satisfactory to the Development
Authority showing the applicant's interest in the said land if applicable; and
E.
where the applicant is an agent acting for the owner, a letter from the owner(s)
authorizing the agent to make the application.
5.
A person making an application to amend this Bylaw for a purpose other than the clarification of an
existing provision of this Bylaw shall:
A.
pay Smoky Lake County an application and advertising fee as set by Council;
B.
undertake in writing on a form provided by Smoky Lake County to be liable for, and
pay on demand, all expenses made necessary by the processing of the proposed
amendment which Smoky Lake County may incur, whether it be enacted or not,
including but not limited to map printing and reproduction costs, surveys and
advertising charges;
C.
reasons in support of the application;
D.
drawings showing the subject site, the proposed District and the proposed use and
development to be proposed on the site, if applicable;
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E.
the program of land servicing, if applicable;
F.
information regarding any potential impact of the development that would be allowed
by the proposed amendment on the existing natural or man-made environment;
G.
information respecting the suitability of the subject site for the development that would
be allowed by the proposed amendment;
H.
a recent title search of the land affected or other documents satisfactory to the
Development Authority showing the applicant's interest in the said land if applicable;
I.
sign a statement authorizing the right of entry by the Development Authority to such
lands or buildings as may be required for investigation of the proposed amendment;
and
J.
any other information deemed necessary by the Development Authority or Council.
6.
Upon receipt of an application to amend the Land Use Bylaw, the Development Authority shall:
A.
initiate or carry out any necessary investigation or analysis of the problems involved in
or related to the amendment;
B.
prepare a detailed report including all maps and relevant material for Council to
consider.
7.
In order to carry out any necessary investigation or analysis of the problems involved in or related
to the amendment the Development Authority may refer the application to such agencies as they
consider necessary for comment.
8.
Upon receiving the preliminary advice of the Development Authority, the applicant shall advise the
Development Authority if:
A.
he or she wishes the Council to proceed with the amendment as submitted by the
person, or an alternative amendment proposed by the Council; or
B.
he or she wishes to withdraw his application for an amendment.
9.
As soon as reasonably convenient the Development Authority shall submit the proposed
amendment as originally applied for, or as alternatively chosen by the applicant, as the case may
be, to the Council, accompanied by the report of the Development Authority and other relevant
material, if any, and the Council shall then consider the proposed amendment.
A. During consideration and deliberation of the proposed Bylaw amendment, Council may
refer the application to such agencies as it considers necessary for comment.
10.
Notwithstanding anything in this Section or this Part, a proposed amendment which has been
rejected by Council within the previous twelve (12) months may not be reconsidered unless Council
otherwise directs.
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11.
Proposed amendments to this Bylaw are subject to those requirements and procedures set out in
the Act regarding the enactment of Bylaws.
12.
All amendments to this Bylaw shall be made by Council by Bylaw and in conformity with the
requirements of the Act regarding the notification and holding of a public hearing.
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5
ENFORCEMENT, PENALTIES, AND FINES
5.1
CONTRAVENTION AND STOP ORDERS
1.
Where the Development Authority finds that a development or use of land or buildings is not in
accordance with:
A.
the Municipal Government Act or the regulations; or
B.
a development permit or subdivision approval; or
C.
the Land Use Bylaw;
the Development Authority may, in accordance with the Municipal Government Act, by notice in
writing, order the registered owner, the person in possession of the land or buildings, or the person
responsible for the contravention, or all or any of them to:
i.
stop the development or use of the land or buildings in whole or in part as directed by
the notice; and/or
ii.
demolish, remove or replace the development; and/or
iii.
take such other measures as are specified in the notice so that the development or
use of the land or buildings is in accordance with the Municipal Government Act, the
regulations, a development permit, subdivision approval or this Bylaw,
within the time frame specified by the notice, as the case may be.
2.
Where a notice is issued under Section 5.1(1), the notice shall state the following and any other
information considered necessary by the Development Authority:
A.
an explanation of the contravention, and a statement indicating under which provisions
of this Bylaw or the Act the order is being carried out;
B.
the alternatives and processes which the person responsible for the contravention may
pursue in order to correct the contravention;
C.
a time frame in which the contravention must be corrected prior to Smoky Lake County
pursuing action; and
D.
advise the person of his right to appeal the notice to the Subdivision and Development
Appeal Board.
3.
Where a person fails or refuses to comply with an order directed to him or her pursuant to Section
5.1(1) or an order of the Subdivision and Development Appeal Board, the Council or a person
appointed by it may, in accordance with the Act, enter upon the land or building and take such
action as is necessary to carry out the order.
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4.
Where the Development Authority carries out an order, the municipality shall, as part of its process
ask the courts to allow it to cause the costs and expenses incurred in carrying out the order to be
placed on the tax roll as an additional tax against the property concerned, and that amount shall be
collected in the same manner as taxes on land.
5.
The municipality may register a Caveat under the Land Titles Act pursuant to the Order against the
certificate of title that is subject to the Order in accordance with Section 646(2) of the Act.
5.2
ENFORCEMENT
1.
This Bylaw may be enforced, and the contravention of any provisions contained herein restrained,
by the Court of Queen's Bench of Alberta upon action brought by Council, whether or not any
penalty has been imposed for the contravention.
2.
A person who:
A.
contravenes any provision of the Act or the regulations under the Act,
B.
contravenes this Bylaw,
C.
contravenes an order under Section 5.1 of this Bylaw and/or Section 645 of the Act,
D.
contravenes a development permit or subdivision approval or a condition attached
thereto, and/or
E.
obstructs or hinders any person in the exercise or performance of his powers or duties
under this Act, the regulations under the Act or this Bylaw
is guilty of an offense and is liable to a fine prescribed in Section 566 of the Act.
3.
If a person is found guilty of an offense under Section 5.1 of this Bylaw (Section 557 of the Act),
the court may, in addition to any other penalty imposed, order the person to comply with:
A.
the Act and the regulations under the Act,
B.
this Bylaw,
C.
an order under Section 5.1 of this Bylaw and/or Section 645 of the Act, and/or
D.
a development permit or subdivision approval or a condition attached to a
development permit or subdivision approval.
4.
Any written notice, or order, or decision that is required under any provision of this Bylaw to be
provided to any person shall be deemed to have been so provided if it is:
A.
delivered personally to the person or their agent it is directed to; or
B.
mailed by regular mail to the last known address of the person it is directed to; or
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C.
left with any agent or employee or resident at the last known address of the person to
whom it is directed.
5.3
VIOLATION TICKETS AND FINES
1.
In addition to the process and penalties described above, the Development Authority or any other
person identified as a designated officer by the Council for the purposes of this Section, shall be
authorized to issue violation tickets in respect to any contravention of this Bylaw.
2.
The violation ticket shall specify the alleged offence committed by the person to whom the violation
ticket is issued and require payment, within twenty-one (21) days from the date of issue of the
violation ticket, of a fine to the County.
3.
Persons contravening any provision of this Bylaw to whom violation tickets are issued shall be
liable for a penalty of $500 for a first offence and $1000 for a second or subsequent offence. Each
day that a breach of the Bylaw has occurred may be considered to be a separate offence.
4.
The violation ticket shall be served upon the alleged offender personally or delivered by regular
mail. If payment is made within the time limit, then such payment shall be accepted in lieu of
prosecution for the offence.
5.
If a person who has been served with a violation ticket fails to pay the fine specified therein, then
the right of the alleged offender to settle the alleged offence without a court appearance shall no
longer apply and prosecution for the alleged offence shall proceed.
6.
If the person who was served with the violation ticket is thereafter prosecuted and convicted of the
offence specified in the violation ticket, the fine imposed shall not be less than $125.00, plus court
costs, for each offence.
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6
GENERAL PROVISIONS
6.1
ACCESSORY BUILDINGS
1.
An accessory building shall not be used as a dwelling unless it is an approved guest house, garage
suite or garden suite.
2.
The siting of a detached garage or other accessory building shall be in accordance with the
following:
Table 1: Sitting of Accessory Buildings Including Detached Garages
Accessory Buildings (Excluding Garages)
Side
0.9m (3.0 ft.)
Rear
0.6m (2.0 ft.)
Rear Facing Garages (doors face lane)
Side
0.9m (3.0 ft.)
Rear
4.6m (15.0 ft.)
Side Facing Garages (doors face side yard)
Side
0.9m (3.0 ft.)
Rear
0.6m (2.0 ft.)
Side Facing Garages (door facing road on a corner
lot)
Side
0.9m (3.0 ft.)
Rear
0.6m (2.0 ft.)
Side Yard/Front Yard
7.6m (25.0 ft.) (from internal subdivision road)
40.84m (134.0 ft.) (from a highway)
23.1m (92.0 ft.) (from a municipal road allowance)
Table 1: Siting of Accessory Building Including Attached Garages
3.
In the Agriculture (AG) and Victoria Agriculture (A1) Districts an accessory building shall not:
A.
normally be allowed in a front yard;
B.
be within 2.0 m (6.56 ft.) of a residence;
C.
be within the minimum yard requirements of the district in which they are located;
D.
encroach upon an easement or right-of-way,
E.
exceed more than 12% of the total site area.
4.
Accessory buildings may be allowed in the Agriculture (AG) and Victoria Agriculture (A1) Districts
where there is no main use or main building solely at the discretion of the Development Authority.
The Development Authority shall only approve the development of an accessory building where
there is no main use or main building if, in their sole opinion:
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A.
the accessory building would become accessory to a main use or a main building in
the future should such main use or main building ever be developed; and
B.
the accessory building is sited in such a manner that it will minimize shadowing or site
line obstructions from adjacent properties.
5.
In the Multi-lot County (R1) Residential, Residential (Cluster) Conservation (R2), Victoria
Residential (R3), and Hamlet General (HG) Districts an accessory building shall not:
A.
normally be allowed in a front yard;
B.
be within 2.0 m (6.56 ft.) of a residence;
C.
have an eave overhang within 1.0 m (3.3 ft.) of a lot line;
D.
encroach upon an easement or right-of-way,
E.
normally exceed 6.1 m (20.0 ft.) or one (1) storey in height. However, the maximum
height for an accessory building may be exceeded, at the sole discretion of the
Development Authority, for the height of a garage in order to facilitate the development
of a garage suite on a parcel of land where it can reasonably be determined by the
Development Authority that the additional height will not impact the quality of life or
enjoyment of adjacent properties;
F.
exceed more than 12% of the total site area.
6.
Accessory buildings shall normally be allowed in Residential, Commercial and Industrial Districts
only where there is already a main use or building with an approved development permit, located
on the site.
7.
Notwithstanding Subsections (5) and (6), where the development of a garage with a garage suite
is proposed in the Multi-lot County (R1) Residential, Residential (Cluster) Conservation (R2),
Victoria Residential (R3), and Hamlet General (HG) Districts the Development Authority may, at
their sole discretion, approve the development of the garage suite as a temporary dwelling prior to
the construction of the main use or building on the property.
8.
Accessory buildings may be allowed in the Multi-lot County (R1) Residential, Residential (Cluster)
Conservation (R2), Victoria Residential (R3), and Hamlet General (HG) Districts where there is no
main use or main building solely at the discretion of the Development Authority. The Development
Authority shall only approve the development of an accessory building where there is no main use
or main building if, in his/her sole opinion, the accessory building would become accessory to a
main use or a main building in the future should such main use or main building ever be developed.
9.
The minimum setback requirements for a detached garage or other accessory building located on
a parcel in a residential district where the parcel of land is not located adjacent to a highway or a
government road allowance, shall be in accordance with Figure 17.
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10.
Where a parcel of land is located within the Agriculture (AG) and Victoria Agriculture (A1) Districts
and/or adjacent to a highway or a government road allowance, the setback requirements for
accessory buildings shall be the same as the setback requirements for dwellings. Refer to
Sections 6.7 and 6.8 for setback requirements for all buildings located within the Agriculture (AG)
District and the Victoria Agriculture (A1) District.
11.
Where a garage has vehicle doors facing onto a lane, it shall be setback a minimum of 4.5 m (15.0
ft.) from the rear line.
12.
The siting of an accessory building on an irregularly shaped parcel shall be as approved by the
Development Authority.
13.
Development permits for non-permanent structures including but not limited to portable garage
shelters shall be issued on a temporary basis for a period not to exceed three (3) years.
14.
An accessory building may not be used as a dwelling unless the accessory building is an
approved:
A.
guest house;
B.
garden suite; or
C.
garage with an approved garage suite
and the development is located in a district which includes guest houses, garden suites or a garage
suites as a permitted or discretionary use.
15.
Any building attached to the main building by an open or enclosed roof structure is considered to
be part of the main building and not an accessory building.
6.2
CONFINED FEEDING OPERATIONS AND MANURE STORAGE FACILITIES
1.
Confined feeding operations and manure facilities for which an approval or a registration is
required pursuant to the Agricultural Operations Practices Act are not regulated by this bylaw.
Please refer to the Agricultural Operations Practices Act and accompanying Regulations for
provincial development requirements.
6.3
CORNER AND DOUBLE FRONTING LOTS
1.
In the case of double fronting lots, the front yard shall be that portion of the lot abutting the road on
which the front yards of adjacent lots face. If adjacent lots have front yards facing both roads, front
yards shall be considered to be on both roads and the lot may thus have no rear yard.
2.
Notwithstanding any other provision of this Bylaw to the contrary, the Development Authority may
require that a development on a corner lot or on a double fronting lot provide two minimum required
front yards, after having regard to the orientation of adjacent lots and to the location of accesses to
the development.
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3.
Notwithstanding any other provision of this Bylaw to the contrary, where a second minimum front
yard is not required on a corner lot, the minimum required side yard on the side adjacent to the
road shall not be less than 3.8 m (12.6 ft.).
4.
Notwithstanding subsection (3), features under 0.5 m (1.6 ft.) in height may project to the sideline
where a second minimum front yard is not required on a corner lot (see Figure 18).
Figure 17: Side Yard Setback on Corner Lots
6.4
CORNER SITES AND SITE LINE PROTECTION
1.
On corner sites, no fence, wall, tree, bush, structure or thing more than 1.0 m (3.2 ft.) in height
shall be erected, placed or maintained within the triangular area formed by the intersecting road
right-of-way lines (or their projections) or a road and a straight line joining points on the road right-
of-way lines 6.0 m (19.6 ft.) from their intersection (see Figure 19).
Feature over 0.5 m (1.6 ft.) in
height: minimum Side Yard
= 3.8 m (12.6 ft.)
Feature under 0.5 m (1.6 ft.)
in height: minimum Side
Yard = 0 m (0 ft.)
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Figure 18: Corner Site Line Protection
2.
At the intersection of roads and lanes, and at intersections of driveways and roads, no fence, wall,
tree, bush, structure or thing more than 1.0 m (3.2 ft.) in height shall be erected, placed or
maintained within the triangular area formed by the intersecting road or lane right-of-way lines or
the edge of the driveway and a straight line joining points on the road or lane right-of-way lines or
the edge of the driveway 3.0 m (9.8 ft.) from their intersection.
3.
This Section does not apply in the Commercial Districts, except where an existing building is set
back from the property line sufficient to allow for the regulations provided by subsections (1) and
(2).
4.
Notwithstanding any other provision of this Bylaw to the contrary, no sign shall be located within
the areas defined in subsections (1) and (2) such that any part of the sign is between the heights
of 1.0 m (3.2 ft.) and 4.0 m (13.1 ft.) above grade.
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6.5
DESIGN, CHARACTER AND APPEARANCE OF BUILDINGS
1.
The exterior finish on all buildings shall be of a permanent material, and be of a character and
quality satisfactory to the Development Authority.
2.
Pursuant to subsection (1), the Development Authority may consider the following when reviewing
development proposals in all districts:
A.
the design, character and appearance of all buildings with respect to their compatibility
with any other buildings existing in the vicinity;
B.
the design of the building must be consistent with the purpose of the land use district in
which it is located; and/or
C.
the building shall comply with any provisions of any statutory plan which sets out
specific guidelines as to the design, character, appearance or building materials to be
used within a district or area;
3.
The Development Authority shall encourage buildings to be sited and constructed so as to
maximize passive solar energy gain.
4.
The Subdivision Authority or the Development Authority may, where it desires to achieve a higher
standard of design and appearance in a specific Area Structure Plan, Subdivision, or Development,
require the developer to provide detailed architectural control guidelines.
5.
The Subdivision Authority may require at the time of subdivision that the developer register a
restrictive covenant against the subdivision in order to ensure ongoing conformance with the
architectural control guidelines.
6.6
DEVELOPMENT AND ACCESS PERMIT REQUIREMENTS ADJACENT TO
MUNICIPAL ROADS AND HIGHWAYS
1.
No development permit shall be issued for development within 800.0 m (0.5 miles) of the boundary
of the right-of-way of a primary highway until any necessary permits for the development have
been issued by Alberta Transportation.
2.
Prior to any new approach being developed, the landowner or authorized person acting on the
owner's behalf shall enter into an approach agreement with the County as required by County
policy.
3.
Development permits are required for development within 23.1 m (92.0 ft.) from the property line of
a road.
6.7
DEVELOPMENT NEAR INTERSECTIONS AND ROAD CURVES
1.
No development shall be located so that the access and egress is within 90.0 m (295.28 ft) of the
beginning or end of a road curve exceeding twenty (20) degrees (See Figure 21).
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Figure 19: Building and Access Setback Requirements Near Curves
2.
No dugouts will be permitted within 23.1 m (92.0 ft.) of the property line of a municipal road
allowance.
3.
The location and development of a dugout adjacent to a highway will be at the discretion of Alberta
Transportation.
4.
No buildings, fences, trees, haystacks higher than 1.0m (3.28 ft.) or other similar obstructions to
visibility shall be permitted at the intersection of two local roads (see Figure 21).
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Figure 20: Development Setback at the Intersection of Two Local Roads
5.
Where a local road intersects a highway, the Highway Development Control Regulations shall
apply to development adjacent to the highway where it intersects.
6.8
DEVELOPMENT SETBACK REQUIREMENTS
The following regulations shall apply to all buildings in all land use districts unless otherwise stated in the
respective land use district or at the discretion of the Development Authority.
1.
Where a lot is separated from a roadway by a buffer strip, the lot is considered adjacent to the
roadway for the purpose of setbacks.
2.
A municipal service road shall be treated as a municipal road allowance for the purposes of
applying setback regulations.
7.
The minimum separation distance between a dwelling and an accessory building in the Residential
Districts shall be a minimum of 2.0 m (6.6 ft.).
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6.9
DWELLING UNITS ON A PARCEL
1.
The number of dwelling units allowed on a parcel of land in a residential district or in the Agriculture
(AG) District shall normally not exceed one (1).
2.
Notwithstanding subsection (1), the Development Authority may issue a permit for the
construction or location of more than one (1) dwelling unit on a parcel if additional dwelling units
are permitted or discretionary within the applicable land use district and the second or additional
dwelling unit:
A. is contained in a building that, or in buildings each of which, are designed for or divided
into two (2) or more dwelling units; and/or
B. is a temporary building or use as defined in this bylaw; and/or
C. is a surveillance suite, garage suite, in-law suite, garden suite or guest house as defined
in this bylaw; and/ or
D. is a permanent building located on a parcel of land larger than 65 ac. in area and does not
exceed the maximum density requirements within the district as stated in this Land Use
Bylaw or any applicable statutory plan.
If the proposed dwelling would create a maximum of two (2) dwelling units on the parcel and is
listed as a permitted use in the applicable district and conforms to all applicable provisions in the
County's LUB then the Development Authority for the 2nd dwelling shall be the Development
Authority Officer. For all other development permit applications for a 2nd dwelling unit on a
parcel where the above noted conditions are not satisfied the Development Authority will be the
Municipal Planning Commission.
3.
Notwithstanding subsection (1), at the discretion of the Municipal Planning Commission more
than two (2) dwelling units may be allowed in the Agricultural District.
4.
In consideration of a third or subsequent dwelling unit on a parcel of land the Municipal Planning
Commission shall consider the following matters:
A. whether the proposed water supply and sewage disposal systems for the dwelling units
are separate; and
B. whether there will be the need for additional access on to County roads resulting from the
development; and
C. whether the third dwelling unit is to be a permanent or a temporary development (based
on the need of the applicant); and
D. whether the third or additional dwelling unit is to be used as a dwelling for persons
engaged in the agricultural operation being undertaken on the parcel; and
E. whether the third or additional dwelling unity can be positioned so that the land it is
situated on can ultimately be easily subdivided from the balance of the farm site.
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6.10
EXISTING SUBSTANDARD LOTS
1.
Development on existing substandard lots may be considered at the discretion of the Development
Authority. Compliance with any Provincial regulations regarding the disposal of sewage and
setbacks from provincial highways will be required. Development on these lots should comply with
the regulations of the District in which the lot is located.
6.11
LANDSCAPING
1.
In all land use districts except the Agriculture (AG) District and the Victoria Agriculture (A-1)
District, no person shall commence or continue the removal of topsoil without first obtaining an
approved development permit.
2.
Development permit applications for landscaping shall be accompanied by a general parcel
grading plan, drainage plan and indicate any existing or proposed retaining wall construction.
3.
The developer shall provide upon occupancy of the development, a minimum topsoil coverage of
15.2 cm (6 in.) and the affected area shall be landscaped to the satisfaction of the Development
Authority.
4.
In any commercial, industrial, or residential land use district, 90% of all areas of a parcel not
covered by buildings, parking or vehicular maneuvering areas shall be landscaped to the
satisfaction of the Development Authority.
5.
Commercial buildings in residential areas must be screened by a solid or opaque fence of not less
than 1.8 m (6.0 ft.) in height adjacent to residential properties.
6.
In the case of car washing establishments, service stations and gas bars, landscaping shall be
provided and maintained to the satisfaction of the Development Authority. Solid fences shall be
provided at least 1.5 m (4.9 ft.) in height and no higher than 2.1 m (6.9 ft.) adjacent to residential
areas.
7.
In the case of apartments or row houses all off-street parking shall include a landscaped area, and
in residential areas, a wall, hedge or wooden fence of not less than 1.2 m (3.9 ft.) in height and not
more than 2.1 m (6.9 ft.).in height, shall be provided along the side property lines, all to the
satisfaction of the Development Authority.
8.
In any residential land use district, acceptable landscaping for the front yard shall include
manicured lawns, rock gardens, xeriscapes and ornamental plants, or a combination thereof.
9.
In any commercial land use district, off-street parking lots shall be landscaped by the planting of
trees and/or shrubs in the amount of at least one tree and/or shrub for every 185.8 sq. m (2000.0
sq. ft.) of parking lot area. The trees and/or shrubbery shall be of a type and size approved by the
Development Authority. Trees/shrubbery required shall be located within the parking area in
locations where visibility for the safe movement of persons and traffic is not impaired.
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10.
All required landscaping and planting must be carried out to the satisfaction of the Development
Authority and within 1 year (weather permitting) of occupancy or commencement of operation of
the proposed development.
11.
As a condition of a development permit, the Development Authority may require that the developer
provide a financial guarantee, in a form acceptable to Smoky Lake County, up to the value of the
estimated cost of the proposed landscaping/planting to ensure that such landscaping/planting is
carried out with reasonable diligence.
6.12
OBJECTS PROHIBITED OR RESTRICTED IN YARDS
1.
No use shall be allowed which may be offensive to a neighbouring owner or municipality. The
word "offensive" herein implies sight, smell and/or anything which may adversely affect a
neighbouring owner or municipality.
2.
No person shall keep or permit in any part of any yard in any Residential District:
A.
any dismantled or wrecked vehicle for more than 14 successive days;
B.
any object or chattel which, in the opinion of the Development Authority, is unsightly or
tends to adversely affect the amenities of the district in which it is located;
C.
any excavation, storage or piling up of materials required during the construction stage
unless all necessary safety measures are under taken; the owner of such materials or
excavations assumes full responsibility to ensure the situation does not prevail any
longer than reasonably necessary to complete a particular stage of construction work;
3.
No person shall keep or permit in any part of any front yard in any Residential District a vehicle or a
vehicle with a trailer attached, loaded or unloaded, of a maximum weight in excess of 4500
kilograms (9,920.8 lbs.).
A.
This section does not apply if the vehicle:
i. is a commercial vehicle with the hazard warning lamps alight and in the process
of loading or unloading goods.
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6.13
PARKING AND LOADING REGULATIONS
1.
In all Districts, vehicular entrances and exits onto roads shall only be allowed at locations approved
by the Development Authority in consultation with the municipality's Public Works Department. A
permit shall be obtained from Alberta Transportation for access onto all Highways.
2.
In all Districts, an off-street parking space shall be provided in accordance with the minimum
requirements of each use as determined by the Development Authority. The following
specifications shall be adhered to:
(a) Parking
Angle in
Degrees
(b) Width of
Stall
(c) Depth of
Stall
(Perpendicular to
Manoeuvering
Aisle)
(d) Width of
Stall
(Parallel to
Manoeuvering
Aisle)
(e) Overall
Depth
(f) Width of
Manoeuvering
Aisle
(one-way)
0
2.7 m (8.86 ft.)
2.7 m (8.86 ft.)
7.0 m (22.97 ft.)
9.1 m (29.86 ft.)
3.6 m (11.81 ft.)
30
2.7 m (8.86 ft.)
5.2 m (17.06 ft.)
5.5 m (45.87 ft.)
14.0 m (45.93 ft.)
3.6 m (11.81 ft.)
45
2.7 m (8.86 ft.)
5.8 m (19.03 ft.)
4.0 m (13.12 ft.)
15.2 m (49.87 ft.)
3.6 m (11.81 ft.)
60
2.7 m (8.86 ft.)
6.1 m (20.01 ft.)
3.1 m (10.17 ft.)
18.2 m (59.71 ft.)
6.0 m (19.69 ft.)
90
2.7 m (8.86 ft.)
6.1 m (20.01 ft.)
2.7 m (8.86 ft.)
19.5 m (63.98 ft.)
7.3 m (23.95 ft.)
Table 2: Parking Stall Requirements
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Figure 21: Minimum Off-Street Parking Requirements
A.
An off-street parking area:
i. shall be designed to the satisfaction of the Development Authority with regard to
the dimensions, and layout of parking stalls and maneuvering aisles; and
ii. shall have street access and curb cuts (where required) located to the
satisfaction of the Development Authority; and
iii. shall be graded, drained, compacted and surfaced to the satisfaction of the
Development Authority.
B.
All parking areas shall conform to the minimum parking standards set out in the
following pages.
3.
Required Number of Off-Street Parking Spaces
All developed parcels are required to provide a minimum number of parking stalls based on the use
of the parcel. In determining the parking requirement for a parcel:
A.
if a specific use is not mentioned below, the requirement shall be the same as for a
similar use, as determined by the Development Authority; and
B.
if a parcel consists of multiple uses, the required parking shall be the sum of the
requirements for each use, unless it is demonstrated to the satisfaction of the
Development Authority that a shared parking facility with a reduced number of spaces
will be sufficient. The required parking may be combined or shared parking provided
that a legal agreement is entered into between the users or land owners, and further
that the parking arrangements are acceptable to the Development Authority; and
C.
the minimum number of parking stalls for any development shall be as follows:
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Residential Uses
One or two unit dwelling
2 per dwelling unit
Multi-unit dwelling with one bedroom or less per unit
1.5 per dwelling unit
Multi-unit dwelling with two or more bedrooms per unit
2 per dwelling unit
Dwelling with self-contained units for senior citizens only
2 for every 3 dwelling units
Secondary and surveillance suites
1 per suite
Table 3: Parking Requirements for Residential Uses
Commercial Uses
Business, administrative and professional office
1 per 45.9 sq. m (495 sq. ft.) of
gross leasable area
Retail, personal service, equipment or repair shop with a
gross leasable floor area of 1000 sq. m (10,764 sq. ft.) or
less
1 per 30.0 sq. m (323 sq. ft.) of
gross leasable floor area
Retail and personal service shop or shopping centre
building with a gross leasable area over 1000 sq. m
(10,764 sq. ft.)
1 per 20.0 sq. m (215 sq. ft.) of
gross leasable floor area
Private liquor store
3 stalls plus 1 stall per 30.0 sq. m
(323 sq. ft.) of gross leasable floor
area
Restaurant, beer parlour or cocktail bar
1 for each 6.0 sq. m (65 sq. ft.) of
gross floor area or 1 per 5 seating
spaces and 1 per 3 employees at
maximum shift, whichever is
greater
Drive-in business
6 except where more are required
under other requirements of this
section
Car washing establishment
1 per washing stall plus 1 per
three employees at maximum
shift
Take-out restaurant (food exclusively taken off-parcel)
1 for each 13.0 sq. m (140.0 sq.
ft.) of gross floor area plus 1 for
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each three employees on
maximum shift
Hotel, motor hotel, motels or apartment hotel
1 per sleeping unit and 1 space
per 3 employees on maximum
shift
Table 4: Parking Requirements for Commercial Uses
Places of Public Assembly
Theatre, auditorium, hall, church or other cultural or
recreational facility
1 per 7.5 seating spaces or 1 per
7 sq. m (75 sq. ft.) used by the
patrons, whichever is greater
Table 5: Parking Requirements for Public Assembly Uses
Schools
Elementary school or junior high school
2 per classroom
Senior high school (not including an associated
auditorium, gymnasium or swimming pool)
4 per classroom
Table 6: Parking Requirements for Schools
Industrial Uses
Manufacturing or industrial plant, wholesale, warehousing
and storage building and yard, service or repair
establishment, research laboratory or public utility
building
1 per employee on maximum
shift. This may be varied by the
Development Authority to no less
than 1 per 3 employees if it can
be shown that fewer stalls are
needed.
Table 7: Parking Requirements for Industrial Uses
Hospitals and Similar Uses
Hospital, sanatorium, group care facilities, nursing home,
convalescent home and senior citizens lodge
1 per 100.0 sq. m (1,076.0 sq. ft.)
of floor area or 1 per four beds
and 1 for every two employees on
maximum shift, whichever is
greater.
Table 8: Parking Requirements for Hospitals and Similar Uses
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4.
Off-site and Communal Parking Facilities
In districts other than a residential district, and subject to approval by the Development Authority,
required parking for any development(s) may be provided on another parcel, separate from the
development(s) in accordance with the following:
A.
The parking, in the opinion of the Development Authority, must be suitable, easily
accessible and within a reasonable distance of the associated development(s).
B.
Future use of the parcel must be ensured to the satisfaction of the Municipal Planning
Commission. This may be done by a restrictive covenant registered on the title, a
suitable bond posted by the developer(s), or by any other legal method.
C.
At the option of the Development Authority, in lieu of off-street parking, a developer
shall pay the County to provide equivalent public parking. The Development Authority
shall determine the amount of money in lieu of parking, based on current market
values, and the money shall be used only to provide off-street public parking.
5.
Off-Street Loading Spaces
A.
Off-street loading spaces shall be required for all non-residential developments and
apartments.
B.
A loading space shall be designed and located so vehicles using it can park and
maneuver within the parcel.
C.
A loading space shall be at least 4.0 m (13.12 ft.) wide, 8.0 m (26.24 ft.) long, and 4.3
m (14.10 ft.) high.
D.
A loading area shall be graded, drained, compacted and surfaced to the satisfaction of
the Development Authority.
E.
Loading spaces shall be provided in accordance with the following:
Retail, industrial and the like, under 465 sq. m (5,000 sq. ft.); and
1 space
between 465 sq. m (5,000 sq. ft.) and 2,323 sq. m (25,000 sq. ft.); and
2 spaces
each additional 2,323 sq. m. (25,000 sq. ft.) or fraction thereof;
1 space
Office, place of assembly, institution, club, school, or any other use
up to 2,787 sq. m (30,000 sq. ft.); and
1 space
each additional 2,787 sq. m. (30,000 sq. ft.) or fraction thereof
1 additional space
neighbourhood commercial stores
1 loading space
Table 9: Loading Space Requirements
6.
Sight line calculations shall be in accordance with the Roads and Transportation Association of
Canada methods for determining crossing sight distances for roadways.
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6.14
PIPELINE AND OTHER UTILITY CORRIDOR SETBACKS
1.
Any development involving pipeline and/or power line rights-of-way shall be sited to comply with all
relevant Federal and Provincial legislation and regulations. Setbacks from pipelines and other
utility corridors shall be in accordance with appropriate Provincial legislation and regulations and
any regulations established by the Alberta Energy and Utilities Board.
6.15
PROJECTIONS INTO YARDS
1.
Projections Over Yards
A.
In all residential districts, the distances any buildings may project into a minimum yard
requirement are:
i. Front Yards: 1.5 m (4.9 ft.).
ii. Side Yards: 50% of the minimum side yard.
B.
In all other districts, the distances which any buildings may project into minimum yard
requirements are:
i. Front Yards: 1.5 m (4.9 ft.).
ii. Side Yards: 0.6 m (1.9 ft.).
C.
No portion of a building other than an unenclosed stairway or porch, a bow, bay or box
window, a chimney chase, an eave, awning or similar architectural feature shall project
into a minimum yard requirement.
D.
No portion of any building other than an eave, awning or canopy, or a permitted sign
shall project into a public right-of-way.
E.
If the development includes an unenclosed stairway or porch, a bow, bay or box
window, a chimney chase, an eave, awning or similar architectural feature then the
yard requirements shall be measured from the leading edge of the architectural
feature.
2.
Zero Side Yard Developments
A.
In any district, if a side yard of a parcel is reduced to zero metres, the development
shall be required to meet all relevant safety provisions of the Building Code.
B.
In any district, the Development Authority may allow one side yard of a parcel to be
zero metres where:
i. the registered owner of the parcel abutting the zero side yard agrees to an
encroachment easement equivalent to two minimum side yard requirements,
satisfactory to the Development Authority and registered against the title of the
said parcel, and
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ii. drainage from the roof of any building is directed only onto the parcel upon which
the building is situated.
6.16
SIGN REGULATIONS
1.
General Sign Regulations
A.
All signs, erected on land or affixed to the exterior of a building or structure, require a
development permit unless specifically exempted by this Bylaw.
B.
No sign or advertising structures, requiring a development permit, shall be erected or
affixed to private property without the prior consent of the property owner or tenant.
C.
No signs, billboards or advertising structures, requiring a development permit, shall be
erected or affixed to public property without the prior consent of the appropriate public
body.
D.
No signs, billboards or advertising structures shall resemble or conflict with a traffic
sign, nor shall it be a traffic hazard.
E.
The Development Authority may order removal of any sign which, in his/her opinion, is
unsightly or in such a state of disrepair as to constitute any other kind of hazard.
F.
No sign shall be of such size or design as to, in the opinion of the Development
Authority, obstruct the vision of persons using roads abutting the parcel.
G.
Quality, aesthetic character and finishing of sign construction shall be to the
satisfaction of the Development Authority.
H.
Except as otherwise specified in this Bylaw, the maximum area of any sign shall be 3
sq. m (32.29 sq. ft.).
I.
Where, in the opinion of the Development Authority, a proposed sign in a commercial
or industrial district might be objectionable to persons living in nearby residential
districts, the Development Authority may impose such other regulations as they feel
would protect the interests of the residents.
J.
A flashing, animated or illuminated sign shall not be permitted where, in the opinion of
the Development Authority, it might be objectionable to nearby residents or interfere
with the safe movement of traffic.
K.
The area around sign structures shall be kept clean and free of overgrown vegetation,
and free from refuse material.
L.
The Development Authority may require an engineer-approved plan prior to the
issuance of a permit in order to ensure that a sign does not threaten public safety.
2.
Signs in Residential Districts
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A.
When a person has been granted a development permit to conduct a business or
professional practice in his residence, that person may place a sign, not larger than 0.2
sq. m (2.15 sq. ft.), flat against an exterior wall of the building or on the inside of a
window.
B.
Name or number signs shall have a surface area of no more than 0.3 sq. m (3.23 sq.
ft.).
C.
For multiple-unit and boarding houses, one identification sign not exceeding 1.0 sq. m.
(10.76 sq. ft.) in area shall be allowed on each parcel.
D.
All exterior signs shall be placed flat against a building or designed as part of an
architectural feature.
E.
No sign shall be permitted in a residential district except to identify a place of worship,
school or other public institutions, home occupation or multiple unit residence.
3.
Freestanding Signs
A.
Within all land use districts, except residential, one freestanding sign may be allowed
per parcel as follows:
i. Where a parcel has more than 90.0 m. (295.27 ft.) of frontage, one additional
freestanding sign may be erected for each additional 90.0 m. (295.27 ft.) or
portion thereof.
ii. Where a parcel is double fronting or flanking, subsection 5.7(3)(a) applies to
each frontage and/or flanking side.
iii. The height of a freestanding sign shall not exceed 9.0 m. (29.5 ft.) above grade.
iv. The face of a freestanding sign shall not exceed 8.0 sq. m (86.11 sq. ft.) in area.
v. A freestanding sign shall not project within 0.6 m (1.9 ft.) of a property line, or
within 2.0 m (6.56 ft.) of overhead utility lines.
vi. The area around a freestanding sign shall be kept free of litter and overgrown
vegetation.
4.
Awning, Canopy and Projecting Signs
A.
In all non-residential districts, one awning, canopy or projecting sign shall be permitted
for each side of the parcel which abuts a road.
B.
No awning, canopy or projecting sign shall extend more than 2.0 m (6.56 ft.) above the
height of the building to which it is attached and no more than 9.0 m (29.5 ft.) above
grade.
C.
No awning, canopy or projecting sign shall have a clearance less than 3.0 m (9.84 ft.)
above a public right-of-way.
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D.
No awning, canopy or projecting sign shall project within 1.0 m (3.3 ft) of a public road
carriageway.
E.
No awning, canopy or projecting sign shall be permitted where, in the opinion of the
Development Authority, it obstructs free movement of pedestrians or vehicles or
interferes with the repair of overhead utilities.
5.
Wall, Fascia and Roof Signs
A.
Wall, fascia and roof signs shall be permitted in all land use districts, except
residential, and shall indicate only the name and nature of the occupants of the
development.
B.
A wall, fascia or roof sign shall project no more than 0.3 m (0.98 ft) from the face of the
building to which it is attached.
C.
A wall, fascia or roof sign shall project no more than 2.0 m (6.56 ft) above the top of
the wall to which it is attached and shall not exceed 9.0 m (29.5 ft) in height above
grade.
6.
Existing Signs
These regulations shall not be applied to signs legally in existence at the date of the adoption of
this Bylaw.
6.17
SITE CONDITIONS & BUFFERING REQUIREMENTS
1.
The proponent for a development may be required to submit a site drainage plan and/or elevation
plan to ensure that finished grades on the site shall prevent drainage from one site to adjacent
sites except where drainage conforms to an acceptable local standard or a subdivision drainage
plan.
2.
The Development Authority may prescribe setback and/or buffering requirements for uses, which
may be physically or visually incompatible with nearby land uses.
3.
The Development Authority may require or approve screening for uses, which involve the outdoor
storage of goods, machinery, vehicles, building materials, waste materials, and other similar
materials.
4.
In considering the approval of an application, the Development Authority may require the retention
of trees or additional planting of such type and extent as considered necessary for the purpose of
ensuring buffering, erosion and/or dust control.
5.
The County will require Environmental Reserves, an Environmental Reserve Easement or a
combination thereof adjacent to bodies of water and lands containing significant environmental
features.
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6.
The amount of Reserves/Easement lands shall be at the discretion of the County and the
Subdivision Authority who will normally base environmental reserve and environmental reserve
easement requirements on the following:
A.
The Guidelines for Environmental Reserves and Environmental Reserve Easements
established by Sustainable Resource Development (See Appendix A); or
B.
If this reserve/easement amount is disputed by the proponent of a development or
subdivision then the developer may provide the County and the Subdivision Authority with
a biophysical, engineering and/or geotechnical study which indicates that an alternative
reserve/easement amount is appropriate for the subject site. If the report from the
engineer indicates that a lesser reserve/easement would be suitable and/or provides
mitigation recommendations which, if followed would allow for a lesser reserve/easement
area then the Approving Authority may, at their sole discretion, approve a subdivision with
a lesser reserve/easement area.
7.
Notwithstanding Subsection (6), additional reserves/easements may be required by the County
based on the recommendations of any engineering and/or geotechnical study provided for the
subject site.
8.
The County will require development setbacks adjacent to bodies of water and lands containing
significant environmental features.
9.
Normally, no buildings of any kind shall be allowed within required setback areas.
10.
However, notwithstanding (10) the width of the required development setback shall be at the sole
discretion of the Development Authority who will normally base setback requirements on the
following:
A.
The Guidelines for Environmental Reserves and Environmental Reserve Easements
established by Sustainable Resource Development (See Appendix A); or
B.
If this setback amount is disputed by the proponent of a development then the developer
may provide the approving Authority with a biophysical, engineering and/or geotechnical
study which indicates that an alternative setback amount is appropriate for the subject
site. If the report from the engineer indicates that a lesser setback would be suitable
and/or provides mitigation recommendations which, if followed would allow for a lesser
setback then the Approving Authority may, at their sole discretion, approve the
development with a lesser reserve/easement area.
11.
The Development Authority may require the applicant to submit as part of a development permit
application an assessment by a registered professional engineer practicing in Alberta indicating the
stability of the soils and slopes for the development proposed, and how sufficient stability for the
development can be ensured in order to determine the appropriate setback distance and/or site
specific building requirements.
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12.
If the report from the engineer indicates that a lesser setback would be suitable and/or provides
mitigation recommendations which, if followed would allow for a lesser setback then the
Development Authority may, at their sole discretion, approve a development with a lesser setback.
13.
If the development is approved with the lesser setback, the Development Authority may require, as
a condition of the approval of the permit, that the developer construct those works or abide by
those conditions necessary to ensure the stability of the soils and slopes as determined in the
assessment.
14.
If any development is damaged or threatened with damage from flooding from a water body, a
river, creek or watercourse, the landowner will be entirely responsible for any damage and for any
works necessary for protecting the development from damage.
15.
If any development is damaged or threatened with damage from erosion or the effects of erosion,
or from flooding or the effects of flooding, whether or not a development permit has been issued in
respect of the development, the landowner will be entirely responsible for any damage and for any
works necessary for protecting the development from damage.
16.
The Development Authority will not approve a development permit application for the development
or placement of permanent buildings within the 1:100 year flood way of any lake, river, creek,
watercourse or water body.
17.
Development shall not be permitted on steep slopes (in excess of 15%), on unstable slopes or land
characterized by soil instability, or on lands exhibiting evidence of poor drainage or flooding unless
it can be demonstrated to the satisfaction of the Development Authority that unique site
requirements warrant otherwise by providing a geotechnical report provided by a professional
engineer registered in the Province of Alberta.
6.18
SITE PROTECTION FROM EXPOSURE HAZARDS
1.
The location of an anhydrous ammonia or liquefied petroleum gas (AA or LPG) storage tank with a
water capacity exceeding 7570.8 litres (2000 gal.) shall be in accordance with the requirements of
the Development Authority but in no case shall be less than 121.9 m (400 ft.) from adjacent to
institutional, commercial or residential uses.
2.
Setbacks from sour gas facilities shall be in accordance with Provincial legislation and regulations.
6.19
SUBDIVISION OF LAND
1.
Where the development of land involves a subdivision of land, no development permit shall be
issued until the subdivision has received a level of approval satisfactory to both the Subdivision
Authority and the Development Authority.
2.
Development agreements shall be required as the condition of the approval of the subdivision of
land within the County.
3.
Property taxes must be up to date prior to final endorsement of any subdivision within the County.
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4.
A private sewage inspection will be required, at no cost to the County, prior to endorsement for all
subdivisions within the County where the site is affected by a private sewage disposal system.
6.20
WATER SUPPLY/SANITARY FACILITIES AND NATURAL GAS
1.
All development within the County shall be provided, at no cost to the County, with sanitary
facilities to the satisfaction of the Plumbing and Drainage Regulations and any other Provincial
legislation or regulations.
2.
A development permit shall not be issued for residential, commercial, industrial or recreational uses
unless the Development Authority is satisfied that water supplies of sufficient quality and quantity
are or will be made available to support the proposed development.
7
SPECIAL PROVISIONS
7.1
BARE LAND CONDOMINIUMS
1.
A Bare Land Condominium development must comply with the County's Bare Land Condominium
Policy, as amended, along with all the general regulations of this Bylaw, including the regulations of
the applicable Land Use District.
2.
An application for a Bare Land Condominium development shall include a comprehensive site plan,
in accordance with Section 2.4 of this Bylaw.
3.
For the purposes of this Bylaw, a Bare Land Condominium Plan is a plan of subdivision and a unit
on a Bare Land Condominium Plan is a lot.
7.2
CAMPGROUNDS
1. A comprehensive site plan shall be provided to the satisfaction of the Development Authority that
shows the location, design standards and site requirements of any common accessory uses and
services, such as washrooms, laundromat, recreational buildings, retail store, food concession, fire
pits, fire wood storage, lighting, water supply, wastewater disposal facilities, solid waste collection
facilities and any other similar uses or services that may be associated with or required within a
campground. The following regulations shall be applied in designing the campground site plan:
(a) a minimum site area of 0.40 ha (1 ac);
(b) a minimum of 10% of the total site shall be set aside in a location acceptable
to the Development Authority as a common open space recreation area;
(c) each stall shall be accessed by an internal road;
(d) the road system shall be properly signed for users and for emergency
response vehicles, and shall be sensitive to the topography and environmental
characteristics of the site;
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(e) walkways with a minimum width of 1.62 m (4 ft) surfaced to the satisfaction of
the Development Authority shall be provided from all stalls to all service
buildings and facilities, refuse areas and recreation areas;
(f) roads shall be hard surfaced or surfaced to the satisfaction of the
Development Authority and shall be:
(i) 3.05 m (10 ft) in width for one-way traffic; and
(ii) 6.10 m (20 ft) in width for two-way traffic;
(g) fires will be permitted only in designated fire pits or other such facilities;
(h) potable water and wastewater disposal facilities are required to the
satisfaction of the Development Authority;
(i) all utility services and all utility wires and conduits shall be provided as
required by the Development Authority and the utility companies;
(j) fences shall be allowed within the recreational vehicle park only if they are
erected and maintained by the park operator to a uniform standard throughout
the park;
(k) all stall boundaries shall be clearly defined on the ground by permanent flush
stakes or markers, with a stall number or other identification system;
(l) suitable ground cover and a flat area for each stall shall be provided;
(m) minimum camping stall size shall be:
(i) 6.10 m (20 ft) in width;
(ii) 18.29 m (60 ft) in depth; and
(iii) 111.48 m2 (1,200 ft2 ) in area;
(n) minimum distance between camping stalls shall be 3.05 m (10 ft);
(o) minimum campground front, side and rear yards shall be 3.05 m (10 ft) from
all site boundaries;
(p) one (1) parking stall per camping stall; and
(q) visitor parking shall be provided in a common area to the satisfaction of the
Development Authority
2. A landscaping plan that retains natural vegetation shall be provided to the
satisfaction of the Development Authority.
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3. Campgrounds are considered temporary occupancies.
4. One on-site security/operator suite may be permitted.
7.3
CANNABIS PRODUCTION AND DISTRIBUTION
Regulations within this section apply to the production and development of licensed cannabis for medical
and non-medical purposes.
1. Cannabis production and distribution developments shall not be permitted unless all applicable
licensing and approvals have been provided by the provincial and federal governments.
2. A copy of the current license(s) and/or approvals for a proposed cannabis production and
distribution development, as issued by the provincial and/or federal government, shall be provided
to the Development Authority with the development permit application or as a condition of
development permit approval.
3. The design of buildings on the site shall be consistent with the characteristics and appearance of
the surrounding neighborhood.
4. Hours of operation may be restricted as a condition of the development permit issued by
Development Authority.
5. The illumination of parking areas, walkways, signs, and other structures associated with cannabis
production and distribution development shall be arranged to meet the requirements under
municipal, provincial and federal regulations.
6. The minimum required lot size shall be at the discretion of the Development Authority.
7. Parking and loading requirements for cannabis production and distribution facilities shall be
provided based on the requirements for an industrial use in Section 6.13 of this Bylaw, and any
applicable requirements in provincial and federal regulations, as amended.
8. Solid waste material shall be secured in accordance with provincial and federal regulations until
destroyed.
9. Applications for subdivision of land for this use may be required to include the information required
by the Development Authority in Section 2.5(1).
10. Landscaping requirements shall be at the discretion of the Development Authority.
11. On site buffering measures may be required for all cannabis production and distribution facilities.
Buffers may include a combination of: setbacks, landscaping, and fencing to mitigate the impacts
on adjacent lots.
12. The minimum required setback from any watercourse or water body shall be 30.0 m (98.0 ft.).
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13. The development shall be designed to minimize any exposure or disturbance to the surrounding
area including, but not limited to, dust, pollution, noise, odour, or any other related land use
nuisance effects.
14. A building or structure used for security purposes for a cannabis production and distribution
development may be located in the front yard and must comply with the required minimum
setbacks in the applicable district.
15. No outdoor storage of goods, material, or supplies shall be permitted.
16. Cannabis production and distribution developments shall meet security and premises requirements
as required under provincial and federal legislation.
17. All activities related to the cannabis production and distribution shall occur within fully enclosed
stand-alone building(s), including but not limited to loading, receiving, and shipping of cannabis and
any other goods, materials, and supplies.
7.4
CANNABIS RETAIL SALES ESTABLISHMENTS
1. Cannabis retail sales developments shall not be permitted unless all applicable licensing and
approvals have been provided by the provincial and federal governments.
2. A copy of the current license(s) and/or approvals for a proposed cannabis retail sales development,
as issued by the provincial and/or federal government, shall be provided to the Development
Authority with the development permit application or as a condition of development permit
approval.
3. The design of buildings on the site shall be consistent with the characteristics and appearance of
the surrounding neighbourhood.
4. Hours of operation may be restricted as a condition of the development permit issued by
Development Authority.
5. The illumination of parking areas, walkways, signs, and other structures associated with cannabis
production and distribution development shall be arranged to meet the requirements under
municipal, provincial and federal regulations.
6. The minimum required lot size shall be at the discretion of the Development Authority.
7. Parking and loading requirements for cannabis retail sales shall be provided based on the
requirements for a commercial use in Section 6.13 of this Bylaw, and any applicable requirements
in provincial and federal regulations, as amended.
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8. Solid waste material shall be secured in accordance with provincial and federal regulations until
destroyed.
9. Applications for subdivision of land for this use may be required to include the information required
by the Development Authority in Section 2.5(2).
10. Landscaping requirements shall be at the discretion of the Development Authority.
11. No outdoor storage of goods, material, or supplies shall be permitted.
12. Cannabis retail sales developments shall meet security and premises requirements as required
under provincial and federal legislation.
13. Cannabis retail sales establishments, as defined in this Bylaw, shall be prohibited from locating
within 100.0 m (328.1 ft.) of a public education facility, a provincial health care facility, or a parcel of
land that is designated School Reserve, or Municipal and School Reserve.
14. A public education facility, a provincial health care facility, or a parcel of land that is designated as
School Reserve, or Municipal and School Reserve shall not be approved within 100.0 m (328.1 ft.)
of an approved cannabis retail sales establishment.
15. The separation distance between the cannabis retail sales establishment and the uses listed in
subsections 7.3(2)(13) and 7.3(2)(14) shall be determined by measuring a straight line from the
outer wall of the proposed cannabis retail sales establishment to the closest point on the lot
containing the sensitive use.
7.5
BED AND BREAKFAST OPERATIONS
1.
A bed and breakfast establishment or a guest ranch, which shall be considered to be a major home
occupation, shall, in addition to the regulations for major home occupations, comply with the
following regulations:
A.
A bed and breakfast establishment or guest ranch shall not change the principal
character or external appearance of the dwelling involved, and shall have a maximum
of ten (10) sleeping units.
B.
Cooking facilities shall not be located within the sleeping units. All facilities shall meet
public health regulations.
C.
In addition to any other parking requirements of this Bylaw, one (1) additional parking
space shall be provided for each sleeping unit.
D.
A bed and breakfast establishment or guest ranch shall comply with all of the other
requirements for a home occupation described in this Bylaw.
E.
A bed and breakfast establishment and a guest ranch shall be operated by a live-in
owner(s) and shall not change the character of the surrounding area.
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7.6
COMMERCIAL DEVELOPMENT IN THE AGRICULTURE (AG) DISTRICT
1.
A development permit for a commercial use within the Agriculture (AG) District may be issued if, in
the opinion of the Development Authority:
A.
it directly serves the agricultural community; and/or
B.
it will not conflict with surrounding land uses.
2.
All site regulations and development requirements, including any requirements for buffers, shall be
based upon the type of development proposed and shall be at the discretion of the Development
Authority.
3.
At the time of the development permit application, the proponent of a commercial or an industrial
development shall identify all municipal servicing costs associated with the proposed development.
7.7
CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN
1.
During the review of a Development Permit, the Development Authority may consider the following
Crime Prevention Through Environmental Design (CPTED) principles, and make recommendations
for the proposed development:
A.
the reduction of concealment opportunities;
B.
The provision of lighting to minimize unlit areas;
C.
the placement of windows to maximize informal surveillance; and
D.
easily-identified street addresses.
7.8
COMMERCIAL ALTERNATIVE ENERGY (CAE) DEVELOPMENT
a. JURISDICTION
The Province of Alberta and its agencies. Regulates large scale /commercial energy
projects. Under Sections 619 and 260 of the Municipal Government Act (MGA), the
County's regulatory role is very limited. The MGA (Sec. 619(2)) is very clear that "A
license permit, approval or other authorization granted by the NRCB, ERCB, AER,
AEUB or AUC prevails..." over "... any statutory plan, land use bylaw, subdivision
decision or development decision..." of a municipality.
b. Purpose
i.
The purpose of this Section is to establish local standards for
Commercial Alternative Energy (CAE) developments, including but
not limited to, solar, wind and geothermal, and other energy
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producing technologies whose purpose is to produce energy for the
commercial market.
c. Provincial or Other Approvals
i.
Where Provincial or Federal Government or other Agency approval
has been received for a CAE, a copy of the said approval and
supporting documents shall be submitted to the Development
Authority. The supporting information provided to the Province,
Federal Government or other Agency may be used to satisfy some or
all of the requirements of the County.
d. Protection of Agricultural Lands
i.
In compliance with the Agricultural Objectives (3.2.3) and Policies
(3.2.3.3, 3.2.3.4, & 3.2.3.5) of the Municipal Development Plan:
1. the siting of an CAE should take place on lands considered to
be low production, or on poor agricultural land; and
2. the use of high-quality agricultural soils should be discouraged.
e. General Requirements
i.
A development permit application shall be made for every title upon
which the CAE is proposed.
ii.
A site plan(s) shall be required for each title but a single, master set
of supporting documents may be submitted for the overall project.
f. Public Consultation
i.
Prior to the submission of a development permit application the
applicant shall:
1. arrange and host at least one (1) open house or public
meeting, in the general area of the site proposed for the CAE;
2. advertise the time, date, and place of the open house or public
meeting:
a. in a newspaper circulating in the area of the proposed
development, with the advertisement appearing a
minimum of two (2) weeks in advance of the open
house or public meeting, and
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b. mail a written notice of the time, date, and place of the
open house or public meeting to all landowners within
the area proposed for the development, and all
landowners within 2 km (1.2 miles) of the boundary of
the area proposed for the development;
c. the information provided at the open house or public
meeting shall be all the information that would be
required as part of a Development Permit application
for the proposal;
d. Opportunities for questions and input from the public
shall be allowed; and
e. A summary of the presentation and the public input
shall be recorded and submitted to the Development
Authority when applying for a development permit
application.
f. If public consultation was held as part of the Provincial
approval process, the Applicant may submit the details
of that consultation to the County to satisfy the
requirements of Section 7.35.5.
g. Safety
i.
All applications shall include:
1. an emergency response plan; and
2. a detailed safety plan identifying any special rescue needs for
workers that is beyond the local emergency responders'
equipment and training capability.
3. All applicable Safety Codes permits are required to be
obtained.
h. Transmission Lines
i.
All collector lines, (less than 69kV) on the site of a CAE generating electrical
power, shall be underground, except where the Development Authority
approves otherwise.
j. Colour and Finishes
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i.
The buildings, supporting structures, and accessory buildings shall be
painted or coated in non-reflective and non-glossy tones and / or
colors which minimize the obtrusive impact of a CAE.
ii.
No brand names, lettering or advertising shall appear on buildings,
towers, blades, support structures or accessory buildings and
structures.
iii.
The lettering or imagery that may appear on the lowest 3 m (10 ft.) of
a tower or building of a CAE are the manufacturer's identification and
contact information, the operator's identification and contact
information, emergency contact information, and municipal symbol.
k. County Standards
i.
All roads, approaches, culverts, fences, or other County infrastructure
to be replaced, constructed, upgraded, or reconstructed, shall be built
to the County's standards current at the time of construction.
l. Noise
i.
During construction, operation, and decommissioning the sound level
from any CAE shall comply with the Smoky Lake County Noise
Bylaw, or an approval or Rule of the Alberta Utility Commission
(AUC), whichever is lower, as measured at the exterior of the closest
inhabited Dwelling.
ii.
The CAE can utilize berms, deflectors, sound blankets, walls,
vegetation, fences, buildings, or other sound mitigative measures or
any combination of these items to achieve the sounds levels
described in Section 7.35 14.
m. Referral
i.
Prior to deciding upon an application for a CAE, the Development
Authority may refer for the review, comment, and any input provided
from any of the following entities:
1. Alberta Utilities Commission;
2. Alberta Transportation;
3. Transport Canada;
4. NavCanada;
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5. Alberta Electrical Systems Operator;
6. Adjoining/adjacent municipalities (f the application area is
within the Intermunicipal Development Plan boundary for a
municipality); and
7. any other person, departments, agency, commission, or
government the Development Authority deems necessary.
n. Decommissioning
i.
Decommissioning and reclamation shall take place in compliance
with the applicable provincial standards of the day the site is
decommissioned. If no standards are in place at the time of a
development permit application, the applicant shall provide a plan
outlining how the site will be decommissioned and reclaimed to the
site's predevelopment state as part of the Development Permit
application. The decommissioning plan shall include information on
the following:
1. treatment of buildings, footings, foundations, structures, and
wires;
2. reclamation of access roads, driveways, pathways, storm
ponds, drainage systems, and other similar disturbances;
3. The type and suitability vegetation and / or ground cover to be
planted and / or seeded;
4. Notice to be given to landowners and the County;
5. Containment of hazardous materials;
6. Site security;
7. Haul routes for disposal materials;
8. Control of noise, dust, particulates, and weeds; and
9. Discussion of the timetable for decommissioning the plan.
o. Financial Security
i.
As a condition of development approval, the County may require
financial security, in the form satisfactory to the Development
Authority, to ensure the Reclamation / Decommissioning Plan is
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implemented and to cover assignment and bankruptcy. The condition
may include a periodic review of the security to ensure the amount is
sufficient to implement the Reclamation /Decommissioning Plan.
p. Discontinuance
i.
Should an Alternative Energy Development discontinue producing
power for a minimum of two consecutive years, or two cumulative
years over a five-year period, the operator shall provide a report on
the status of the System to the County. A review of the status report
by the County may result in the request for the System to be
decommissioned. Failure to comply with a decommissioning request
may result in the issuance of a stop order by the County in
accordance with the provision of the Municipal Government Act
q. Commercial Solar Energy Conversion Systems Applications
i.
Development Permit applications for a solar collector system shall be
accompanied by the following information:
1. a plan showing the location of overhead and / or underground
utilities on or adjacent to the subject lands;
2. Location and identification of environmentally sensitive areas
on the project lands;
3. A detailed site plan showing:
a. the titled parcel(s),
b. the location of the system on the parcel(s),
c. the required setbacks,
d. existing structures, if any,
e. the existing or proposed approach(es), and,
f. the orientation of the solar collectors.
4. The application shall also include details regarding:
a. the system type,
b. number of structures,
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c. height of structures,
d. energy process,
e. grid connection,
f. rated output in megawatts,
g. signage,
h. public safety,
i.
security measures,
j.
a site suitability analysis,
k. topography,
l.
soil characteristics,
m. agricultural capability,
n. potential impacts on agricultural land,
o. stormwater management plan,
p. surface drainage plan,
q. the results of the public consultation process,
r. weed control plan, and
s. an environmental impact assessment prepared by a
qualified professional demonstrating site suitability,
impact mitigation and reclamation requirements.
r. Glare
i.
Solar panels must be located such that they do not create intrusive
glare trespass onto neighboring properties or public roadways, at the
sole discretion of the Development Authority.
s. Projections
i.
Solar collectors mounted to the roof of a building or structure shall not
extend beyond the outermost edge of the roof.
t. Height and Setbacks
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i.
The maximum heights and setbacks of building mounted or ground
mounted solar collection systems shall be subject to the height and
setback requirements of the applicable Land Use District
u. Fire Protection
i.
The spacing and height of solar collectors shall be designed to
provide access for firefighting.
v. Density
i.
The location of and maximum number of solar collectors per Title
may be regulated by the Development Authority, in accordance with
any approval of the Alberta Utility Commission (AUC) under the
Municipal Government Act (MGA), as amended.
Commercial Wind Energy Conversion Systems Applications
i.
An individual development permit application shall be submitted for each titled
parcel.
ii.
Development Permit applications for a wind energy conversion system shall be
accompanied by the following information:
1. an accurate site plan showing and labeling the information
outlined in this section and the location of overhead and / or
underground utilities on or adjacent to the subject lands;
2. a digital version of the site plan showing the exact location and
base elevation of each WECS in UTM coordinates with NAD
datum, Zone X;
3. a visual representation of the WECS project including scale
elevations, photographs and / or digital projections of the
project showing height, rotor diameter, color and landscape;
4. a digital version of the site plan showing the exact location and
base elevation of each WECS in UTM coordinates and NAD
datum, Zone AA;
5. the specifications indicating:
a. the type of material used in tower, blade, and rotor
construction,
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b. grid connections and size of any substations,
c. signage,
d. security measures,
e. site suitability analysis,
f. topography;
g. soil characteristics,
h. agricultural capability,
i.
potential impacts on agricultural land,
j.
stormwater management plan,
k. surface drainage plan,
l.
the location of any dwellings or structures on the
property,
m. setbacks;
n. weed control plan, and
o. an environmental impact assessment prepared by a
qualified professional demonstrating site suitability,
impact mitigation and reclamation requirements;
6. the manufacturer's specifications indicating:
a. the proposed systems rated output in megawatts,
b. the safety features,
c. the type of material used in the tower, blade, and rotor
construction, and
d. foundation design and / or anchor design, including the
location and anchoring of any guy wires;
7. an analysis of the potential for noise and shadow / flicker effect,
both at the site of the installation, at the boundary of the
property containing the development, and at any habitable
residence within 2 km (1.2 miles) of any Wind Energy
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Conversion System in accordance with Alberta Utilities
Commission Rule 12;
8. the results of the public consultation process;
9. the potential for electromagnetic interference;
10. the nature and function of over speed controls which are
provided;
11. the status of the applicant's circulation to NavCanada,
Transport Canada, Alberta Utilities Commission, and any other
government department or agency required for provincial
approval;
12. information related to public safety;
13. identification of any roads to be used or constructed for use
during construction of the project and any impacts to the
existing road system including required approaches from public
roads; and
14. a copy of the Wire Service Provider (WSP) approval if the Wind
Energy Conversion System is proposed to be connected to the
provincial power grid.
iii.
Density
i.
The Development Authority may approve one or more Commercial Wind
Energy Conversion System structures on a titled parcel having regard for:
a. the proximity to other adjacent land uses;
b. the overall density of the WECS project;
c. a consideration of the cumulative effect of all Wind Energy
Conversion System approved or proposed within 5 km (3miles) of
the proposal;
d. the underlying utilities; and
e. the information received through the circulation process, public
consultation process and through the redistricting public hearing.
iv.
Setbacks
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i.
The setback distance between a Wind Energy Conversion
System and a dwelling, within and without the project
boundary, shall be as established by the Alberta Utilities
Commission through the calculations of AUC Rule 12.
ii. The Wind Energy Conversion System's tower shall be setback
from the boundary of all County Road rights of way (developed
or undeveloped), a minimum distance equal to the total height
of the tower plus 10 percent.
iii. A Wind Energy Conversion System shall be setback not less
than 7.5 m (24.6 ft.) from all other property lines, as measured
from the rotor's arc (rotor diameter).
iv. If the tower utilizes guy wire anchors, the anchors, but not the
tower, may be located no closer than 3.0 m (10 ft.) to the
property lines.
v.
Minimum Blade Clearance
i.
The minimum vertical blade clearance from grade shall be 7.6
m (25 ft.) for a Wind Energy Conversion System employing a
horizontal rotor.
vi.
Tower Access and Safety
i.
To ensure public safety, the Development Authority may
require that:
a. if the tower is climbable, a security fence with a lockable gate,
not less than 1.9 (6 ft.) in height, shall be installed around a
Wind Energy Conversion System tower;
b. no ladder or permanent tower access device shall be located
less than 3.7 m (12 ft.) from grade;
c. a locked device shall be installed on the tower to preclude
access to the top of the tower;
d. additional access control features or such additional safety
mechanisms or procedures may be required by the
Development Authority; and
e. the use of tubular towers, with locked door access, will
preclude the above requirements.
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vii.
Speed Control
i.
The system shall be equipped with manual and automatic
overspeed controls.
ii. The conformance of rotor and over speed control design and
fabrication to good engineering practices shall be certified by a
licensed mechanical, structural or civil engineer.
viii.
Electro-Magnetism
i.
The system shall be operated such that any electro-magnetic
interference is dealt with as per the permit issued by the AUC.
If electro-magnetic interference is determined during operation,
the developer will work with the affected stakeholder (s) to
mitigate any issues.
ix.
Other Commercial Alternative Energy Systems Applications
i.
Development Permit applications for all other types of Alternate
Energy production systems shall be accompanied by the
following information:
a. an accurate site plan showing and labelling:
i. the legal location(s) of the proposed system,
ii. the location of the proposed system on the
property or properties in relation to property
lines and existing or proposed buildings or
structures,
iii. the location of the existing or proposed
access,
iv. the identification of any sensitive
environmental features,
v. the topography of the site,
vi. the method of exporting the energy off site -
power lines, pipelines, vehicles, etc.;
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vii. detailed information on the type of facility,
structure, or system of the energy process
involved;
viii. the manufacture's specifications, indicating (if
applicable):
ix. the rated output in megawatts or gigajoules,
and,
x. the safety features;
xi. any information regarding public safety;
xii. information or verification of:
1. the volume of water, if required,
2. the source of the water, if required,
3. the reclamation process of any water
utilized by the system,
4. the stormwater management system,
if required,
5. the method of disposal of any waste
material generated by the system,
6. the generation and mitigation of any
noise, vibration, odor, light, particulate
that results from the production
process;
7. an analysis of the potential fire,
explosive, or other hazards of the
proposed system; and
8. a Traffic Impact Assessment or other
information / analysis of traffic
volumes and any impacts to the local
road system.
x.
Setbacks
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i.
The buildings and structures of non-solar and non-wind based
Commercial Alternate Energy development(s) shall comply with
all the setbacks established in the district in which it is located
with the following modifications:
a. a minimum of 250 m (820 ft.) from any residential dwelling,
food establishment, institutional use or public use, facility, or
building; and
b. a minimum of 100 m (328 ft.) from the boundary of any creek,
stream, river, lake shore or water body.
Commercial Geothermal Energy Conversion Systems
1. All geothermal systems shall be Closed Loop systems. Open Loop systems (pump
& dump) are not allowed.
2. Must comply with CSA-C448 and subsequent amendments. Exceptions may be
allowed, at the discretion of the Development Authority, provided documented proof
is provided showing that the exception meets or exceeds CSA-C448 standard.
3. Installations must be stamped by a qualified Professional Engineer registered under
the "Engineering, Geological, or Geophysical Professions Act' of Alberta or have the
system and installer certified by the Canadian GeoExchange Coalition (CGC) or
other future governing body having jurisdiction within the Province of Alberta.
4. Heat-transfer fluids within a geothermal system shall be of the most environmentally
friendly type available at the time of installation. In no case may an ethylene glycol-
based fluid be used nor shall any flammable or combustible agent such as
methanol, ethanol, natural gas, or propane be used.
Conditions of Approval for Any Commercial Alternative Energy System
a. Depending on the type of Commercial Alternative Energy System proposed, the
Development Authority shall consider, as limited by Sections 619 and 620 of the
Municipal Government Act, or not as the case may be, in addition to any other
conditions authorized under other sections of this Bylaw or Statutory Plan,
attaching conditions related to any of the following:
i. entering into a development agreement with the County in accordance
with the Municipal Government Act;
ii. preparing by qualified professionals and at the Applicant's
expense, all the necessary studies, maps, diagrams, reports,
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and analysis, whether printed and / or digital, required in
support to their application;
iii. confining all surface drainage on site and protecting any
adjacent water bodies from runoff;
iv. treating any wastewater on site and / or disposing of any
wastewater as required by the County;
v. disposing of any non-wastewater liquids in accordance with the
requirements of the County;
vi. storing / containing all feedstock and materials within buildings
or containment facilities;
vii. disposing of any other waste materials;
viii. restricting vehicle / truck traffic, whether owned or contracted
by the Applicant, that transport construction material, raw
material or feedstock or finished / processed goods associated
with the development to designated haul routes and times
through an agreement and the provision of securities;
ix. dust control measures;
x. sound control measures;
xi. installing underground all energy transmission (whether
electrical, liquid or gas) lines from the site to the applicable
collection point;
xii. securing all necessary approvals from any other agency with
jurisdiction on the type Commercial Alternative Energy
development proposed and providing the County with a copy of
the approval required;
xiii. identifying and providing for a staged or phased development;
xiv. placing restrictions on parts or elements of the proposed
development, such as but not limited to locations, heights,
colors, densities, setbacks, etc.;
xv. constructing or paying for the construction of any new or the
upgrading of any existing municipal infrastructure related to the
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project, such as but not limited to roads, approaches, signage,
water lines, and sewage lines;
xvi. requiring ground cover, weed control, grading, soil erosion
control emergency / fire suppression, and drainage measures;
xvii. specifying time periods to:
i.
start, suspend, and complete construction activities,
ii. trigger decommissioning activities;
iii. providing for the amenity of the site or development through
improvements such as landscaping, berms, and buffering; and,
iv. any other condition or conditions necessary to give form and
effect to the project.
Personal Alternative Energy (PAE) Systems
a. Purpose
i. The purpose of this Section is to establish local standards for Personal
Alternative Energy (PAE) developments, including but not limited to,
solar, wind and geothermal, and other energy producing technologies
for use by households, agricultural operators, or individual business to
meet some or all their energy needs on the subject site, or a site
immediately adjacent to the subject site.
b. General Requirements for all Personal Alternative Energy Systems
i. No re-districting is required for a lot or site for an Alternative Energy
System, Personal.
ii. A development permit is required for any Alternate Energy System,
Personal, and such Systems shall be considered a Discretionary Use.
iii. All applicable Safety Codes permits are required.
iv. If the subject site is located within lands subject to Alberta
Transportation's jurisdiction, an approved Roadside Development
Permit from Alberta Transportation shall be required and included with
the Development Permit application. (For the purposes of Section
683.1(1) of the Municipal Government Act, an application shall not be
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considered as received unless the Roadside Development Permit is
included with the application.)
c. Personal Solar Energy Conversion Systems Applications
i.
In addition to the requirements of Section 2.4 of this Bylaw, the
application shall include:
1. information of any impacts to the County Road system such as,
but not limited to:
2. identification of the roads to be used to construct and operate
the development,
3. number, type of vehicle movements, and load weights,
4. expected time-period of movements: short-term, periodic, or
ongoing,
5. need for any upgrading of an existing road,
6. need for new approach or expansion of existing approach;
7. for systems that are to be tied into the grid, evidence that the
Utility Operator has been informed of the Applicant's intent to
install an interconnected customer-Owner generator;
8. documentation demonstrating that the system is designed to
produce energy primarily for the sole use and consumption on-
site by the landowner, resident, occupant, or business;
9. the manufacturer's specifications for the proposed system and
rated output in kilowatts;
10. a site plan showing the location, setbacks, and orientation of
the solar collectors;
11. for panels to be affixed to the wall of a building or accessory
structure:
i.
a description of how the panels are to be mounted or
affixed,
ii. the maximum projection from the wall, and,
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iii. the structural capacity of the building and / or wall to
support the proposed development;
12. for free-standing solar panels:
a. a description of the proposed ground mount design,
b. the clearance to the bottom of the collectors, and,
c. the maximum height from existing grade,
d. the method of vegetation / weed control.
d. Glare
i. Solar panels must be located such that they do not create glare onto
neighboring properties or public roadways.
b. Mounting and Projection
i. Solar collectors mounted to the roof of a building or structure shall not
extend beyond the outermost edge of the roof.
ii. The maximum projection of any solar collectors affixed to a wall of a
building or structure in a residential District shall be:
1. 1.5m (5 ft.) from the surface of a wall that faces a rear lot line;
and,
2. in all other cases 0.6 m (2 ft.) from the surface of any other
wall.
c. Setbacks
i. Freestanding solar collectors shall be subject to the setback
requirements of the applicable Land Use District or as required by
Alberta Transportation, whichever is greater.
d. Height
i. The maximum height of a freestanding solar collector shall not exceed
2.4 m (8 ft.).
ii. For freestanding solar collectors, sufficient clearance shall be retained
under the structure to allow for weed control, grass cutting and for fire
suppression.
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e. Density
i. The location of and maximum number of solar collectors per Title may
be regulated by the Development Authority.
f. Personal Wind Energy Conversion Systems Applications
i. Development Permit applications for a wind energy conversion system
shall be accompanied by the following information:
ii. documentation demonstrating that the system is designed to produce
energy primarily for the sole use and consumption on-site by the
landowner, resident, occupant, or business;
iii. the manufacturer's specifications including:
1. the proposed systems rated output in kilowatts,
2. the safety features,
3. the sound characteristics,
4. the type of material used in the tower, blade, and / or rotor
construction;
iv. a site plan showing the location and setbacks of the Wind Energy
Conversion Systems on the property;
v. drawings, drawn to scale, of the wind turbine structure, including the
tower, base, footings, and anchoring method. An engineering analysis
of the Wind Turbine Tower showing compliance with the International
Building Code and certified by a licensed professional mechanical,
structural, or civil engineer shall also be submitted. Documentation of
this analysis supplied by the manufacturer shall be accepted;
vi. the potential for electromagnetic interference;
vii. the nature and function of over speed controls which are provided;
viii. the specifications on the foundations and / or anchor design, including
the location and anchoring of any guy wires;
ix. the location of any existing buildings or improvements on the property
in relation to the Wind Energy Conversion System;
x. evidence of compliance with applicable air traffic safety regulations.
(Transport Canada must be notified of the location - latitude and
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longitude - and height of all wind turbine installations through the
aeronautical clearance application process.)
xi. Prior to deciding upon an application for a Wind Energy Conversion
System, the Development Authority may refer for the review and
comment, and consider any input received from the following entities:
1. Alberta Utilities Commission;
2. Alberta Transportation;
3. Alberta Utilities Commission and the Alberta Energy Systems
Operator for applications proposing to connect to the grid;
4. Transport Canada;
5. Navigation Canada; and
6. any other person, departments, agency, or commission the
Development Authority deems necessary.
xii. Personal Wind Energy Conversion Systems shall comply with the
following standards:
xiii. There shall be a limit of one (1) Wind Energy Conversion System per
Titled area.
g. Setbacks
i. The Personal Wind Energy Conversion System's tower shall be
setback from all property lines a minimum distance equal to the height
of the tower, or the minimum setbacks set out in the applicable Land
Use District, or as required by Alberta Transportation, whichever is
greater.
ii. If the tower utilizes guy wire anchors, the anchors, but not the tower,
may be located no closer than 3.0 m (10 ft.) to the property lines.
h. Height
i. A Personal Wind Energy Conversion System tower shall not exceed a
maximum height of:
1. 12.1 m (40 ft.) on a parcel of less than 0.4 ha (less than 1
acre);
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2. 19.8 m (65 ft.) on a parcel 0.4 - 2.0 ha (1 - 5 acres); or
3. 24.4 m (80 ft.) on a parcel greater than 2.0 ha (5 acres).
i. Finish and Markings
i. The tower and supporting structures shall be painted or coated in tones
and / or colors matching the existing tones and / or colors of the
principal building that are non-reflective and non-glossy.
ii. Brand names or advertising associated with the System or the
System's installation shall not be visible from any public place.
j. Illumination
i. Small Wind Turbine Towers shall not be artificially lit except as required
by NavCanada.
k. Speed Controls
i. The System shall be equipped with manual and automatic overspeed
controls.
ii. The conformance of rotor and over speed control design and fabrication
to good engineering practices shall be certified by a licensed
mechanical, structural or civil engineer.
l. Tower Access and Public Safety
i. If the tower is climbable, a security fence with a lockable gate, not less
than 1.9 (6 ft.) in height, shall be installed around a Wind Energy
Conversion System tower.
ii. No ladder or permanent tower access device shall be located less than
3.7 m (12 ft.) from grade.
iii. A locked device shall be installed on the tower to preclude access to
the top of the tower.
iv. Additional access control features or such additional safety
mechanisms or procedures may be required by the Development
Authority.
v. The use of tubular towers, with locked door access, will preclude the
above requirements.
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m. Electro-Magnetism
i. The System shall be operated such that any electro-magnetic
interference is dealt with as per the permit issued by the AUC. If
electro-magnetic interference is determined during operation, the
developer will work with the affected stakeholder (s) to mitigate any
issues.
n. Output
i. The System's maximum power output shall not exceed 5 kilowatts.
o. Noise Level
i. The noise generated by the System shall not exceed 60dB(A) or
exceed more than 5dB(A) above background sound, as measured at
the exterior of the closest inhabited Dwelling (at the time of installation
or during operation), for wind speeds below 10 m per second (22 mph)
and except short-term event such as utility outages and / or severe
windstorms.
p. Discontinuance
i. Upon abandonment or termination of the System's use, the entire
facility, including the System's tower, turbine, supporting structures and
all equipment, shall be removed and the site shall be restored to its pre-
Wind Energy Conversion System condition.
q. Applications for Other Individual Alternate Energy Systems
i. Development Permit applications for all other types of Alternate Energy
production systems shall be accompanied by the following information:
1. documentation demonstrating that the system is designed to
produce energy primarily for the sole use and consumption on-
site by the landowner, resident, occupant, or business;
2. an accurate site plan showing and labelling:
3. the location of the proposed system on the property,
4. the location of the proposed system in relation to any other
buildings or structures on the property,
5. the location of the existing or proposed access,
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6. detailed information on the type of facility, structure, or system,
and
7. the energy process involved;
8. the manufacture's specifications, indicating (if applicable):
a. the rated output in megawatts or gigajoules,
b. the safety features, and,
c. the sound characteristics;
d. information regarding public safety regarding such
aspects as fire hazards, chemicals used, storage of
hazardous materials, exposure to corrosive or and
hazardous fumes;
ii. information or verification of:
1. the source of the water, if required,
2. the reclamation process of any water utilized by the system,
3. the stormwater management system, if required, and,
4. the method of disposal of any waste material generated by the
system.
r. Geothermal Systems
i. All geothermal systems shall be Closed Loop systems. Open Loop
systems (pump & dump) are not allowed.
ii. Must comply with CSA-C448 and subsequent amendments. Exceptions
may be allowed, at the discretion of the Development Authority,
provided documented proof is provided showing that the exception
meets or exceeds CSA-C448 standard.
iii. Installations must be stamped by a qualified Professional Engineer
registered under the "Engineering, Geological, or Geophysical
Professions Act' of Alberta or have the system and installer certified by
the Canadian GeoExchange Coalition (CGC) or other future governing
body having jurisdiction within the Province of Alberta.
v. Heat-transfer fluids within a geothermal system shall be of the most
environmentally friendly type available at the time of installation. In no
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case may an ethylene glycol-based fluid be used nor shall any
flammable or combustible agent such as methanol, ethanol, natural
gas, or propane be used.
s. Conditions of Approval
i. Depending on the type of Personal Alternative Energy System
proposed, the Development Authority shall consider, as limited by
Sections 619 and 620 of the Municipal Government Act, or not as the
case may be, in addition to any other conditions authorized under other
sections of this Bylaw or Statutory Plan attaching conditions related to
the following:
1. entering into a development agreement with the County in
accordance with the Municipal Government Act;
2. preparing by qualified professionals and at the Applicant's
expense, all the necessary studies, maps, diagrams, reports,
and analysis, whether printed and / or digital, required in
support to their application;
3. confining all surface drainage on site and protecting any
adjacent water bodies from runoff;
4. treating any wastewater on site and / or disposing of any
wastewater as required by the County;
5. disposing of any non-wastewater liquids in accordance with the
requirements of the County;
6. the methods of disposing of any other waste material;
7. storing / containing all feedstock and materials within buildings
or containment facilities;
8. restricting vehicle / truck traffic, whether owned or contracted
by the Applicant, that transport construction material, raw
material or feedstock or finished / processed goods associated
with the development to designated haul routes and times;
9. require the entering of a road use agreement and the provision
of security;
10. constructing or paying for the construction on any new road or
approach required for the development and / or upgrading or
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paying for the upgrading of an existing road or existing
approach required for the development;
11. dust control;
12. sound control;
13. installing underground all energy transmission (whether
electrical, liquid or gas) lines from the site to the applicable
collection point;
14. securing all necessary approvals from any other agency with
jurisdiction on the type AES proposed and providing the County
with a copy of the approval required;
15. identifying and providing for a staged or phased development;
16. placing restrictions on parts or elements of the proposed
development, such as but not limited to locations, heights,
colors, densities, setbacks, etc.;
17. constructing or paying for the construction of non-municipal
infrastructure related to the project;
18. requiring ground cover, weed control, grading, soil erosion
control emergency / fire suppression, and drainage measures;
a. specifying time periods to:
b. start, suspend, and complete construction activities,
c. trigger decommissioning activities;
d. providing for the amenity of the site or development
through improvements such as landscaping, berming,
and buffering; and,
e. any other condition or conditions necessary to give
form and effect to the project.
7.9
DAY USE AND PICNIC AREAS
1.
A sufficient number of picnic tables, fire pits and garbage cans shall be provided to accommodate
the design capacity of the site. Exact numbers shall be at the discretion of the Development
Authority.
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2.
The facility shall be designed and landscaped in order to minimize disturbance to the natural
environment and to protect heavy use areas from damage.
3.
Where the day use area directly adjoins a residential development, adequate screening or fencing,
to the satisfaction of the Development Authority, will be required between the uses.
4.
Parking areas should be physically separated from the rest of the day use or picnic areas.
7.10
FENCES/WALLS/HEDGES
1.
Within the Residential Districts, except as herein provided, no fence, wall or hedge shall be
constructed that is:
A.
higher than 2.0 m (6.6 ft.) for that portion of the fence, wall or hedge that does not
extend beyond the foremost portion of the main building on the site into the front yard;
or
B.
higher than 1.0 m (3.3 ft.) for that portion of the fence, wall or hedge that extends
beyond the foremost portion of the main building on the site.
2.
In the case of drive-in businesses, service stations and gas bars, solid fences shall be provided at
least 2.0m. (6.6 ft.) in height adjacent to any dwelling on any adjacent lot.
3.
Where lots have both their front and rear yards facing onto a street, approval of the Development
Authority must be obtained prior to the erection of any fence. The size and specifications for fences
in these areas must conform to the overall standard set for the area by the County.
4.
Fences shall be constructed of materials which are to the satisfaction of the Development
Authority. The electrification of fences shall not be allowed in any Residential Districts without the
specific approval of the Development Authority.
7.11
GARAGE SUITES
1.
A garage suite shall be restricted to a site occupied by a single detached dwelling.
2.
A garage suite is prohibited from being constructed on a lot with a Duplex, Multi-attached dwelling
or Apartment Housing.
3.
A maximum of one (1) garage suite is permitted on any single detached dwelling or semidetached
lot.
4.
A garage suite shall remain accessory to and subordinate to the main dwelling and shall not
exceed 80.0 sq. m (861.1 sq. ft.).
5.
A garage suite shall remain accessory to and subordinate to the use of the garage and the floor
areas of the garage suite.
6.
The minimum floor area for an at grade garage suite is 30.0 sq. m (322.9 sq. ft.).
7.
The minimum floor area for an above grade garage suite is 30.0 sq. m (322.9 sq. ft.).
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8.
Shared mechanical rooms and common areas shall be excluded from the floor area calculation of
the garage suite.
9.
A garage suite includes, but not limited to, a food preparation area, counter/cupboard space, sink,
refrigerator, stove or provision of 220 volt wiring and toilet with bathing facilities.
10.
A garage suite has an entrance separate from the entrance to the garage, either from a common
indoor landing or directly from the exterior of the structure.
11.
At grade garage suites have a maximum height of 4.5 m (14.8 ft.).
12.
Above grade suites have a maximum height of 5.5 m (18.0 ft.) for suites with a flat roof, and 7.3 m
(24.0 ft.) for suites with a sloped roof, provided that the maximum height is not higher than the
height of the main dwelling.
13.
A minimum of three (3) onsite parking spaces are required. Tandem parking may be permitted at
the discretion of the Development Authority.
7.12
HOME OCCUPATIONS
1.
All development permits issued for home occupations shall be revocable at any time by the
Development Authority, if, in his/her opinion, the use is or has become detrimental to the amenities
of the neighborhood in which it is located.
2.
A permit issued for a home occupation is valid for one year or longer as determined by the
Development Authority. It is the obligation of the developer to seek renewal of a development
permit prior to the expiry of the time period for which the initial permit was issued. The
Development Authority shall consider the renewal on its merits.
3.
A stop order may be issued at any time if, in the opinion of the Development Authority, the operator
of the home occupation has violated any provisions of this Bylaw or conditions of the approval of
the development permit.
4.
General Regulations
All home occupations shall comply with the following requirements:
A.
In addition to a development permit application, each application for a home
occupation shall be accompanied by a description of the business to be undertaken in
the dwelling, an indication of the anticipated number of business visits per week, and
details for the provision of parking along with other pertinent details of the business
operation.
B.
When a development permit is issued for a home occupation, such permit shall be
terminated should the applicant vacate the property for which the permit has been
issued.
C.
Home occupations shall not involve:
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i. activities that use or store hazardous material in quantities exceeding those
found in a normal household; or
ii. any use that would, in the opinion of the development authority, materially
interfere with or affect the use, enjoyment, or value of neighbouring properties.
D.
No offensive noise, vibration, smoke, dust, odour, heat, glare, electrical or radio
disturbance detectable beyond the boundary of the lot on which the minor home
occupation is located shall be produced by the home occupation.
E.
There shall be no exterior signage, display or advertisement other than a business
identification sign which shall not exceed 1.0 sq. m (10.8 sq. ft.) in size unless
otherwise granted in a separate development permit.
F.
In the Residential Districts, no more than one (1) commercial vehicle, up to the size of
a tandem truck, to be used in conjunction with the home occupation, shall be parked or
maintained on the site. The parking space of the commercial vehicle shall be either
within a garage or adequately screened and sited behind the main building to the
satisfaction of the Development Authority.
G.
In the Agriculture Districts, not more than four (4) commercial vehicles, each with one
(1) accessory trailer, to be used in conjunction with the major home occupation, shall
be parked or maintained on the site.
5.
Additional Regulations Affecting Minor Home Occupations
A.
In addition to the requirements of subsection (4) above, a minor home occupation
shall comply with the following regulations:
i.
A minor home occupation shall not occupy more than 30% of the gross floor
area of the main dwelling.
ii.
Except in the Agriculture (AG) District, there shall be no outdoor business
activity, or outdoor storage of material or equipment associated with the
minor home occupation allowed on the site. Storage related to the minor
home occupation shall be allowed in either the dwelling or accessory
buildings.
iii.
Up to two (2) business visits per day are allowed.
iv.
Exterior alterations or additions to accommodate a minor home occupation
shall not be allowed.
v.
A minor home occupation shall not employ any person on-site other than the
occupants of the dwelling.
6.
Additional Regulations Affecting Major Home Occupations
A.
In addition to the requirements of Subsection (5) above, a major home occupation
shall comply with the following regulations:
i.
The number of non-resident employees working on-site shall not exceed two
(2) on-site.
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ii.
Up to 8 business visits per day are allowed in the Agriculture (AG) District.
In all other Districts, up to four (4) business visits per day are allowed.
iii.
Any interior or exterior alterations or additions to accommodate a major
home occupation may be allowed at the discretion of the Development
Authority, as long as such alterations comply with this Bylaw and the Alberta
Safety Codes thereunder.
7.13
INDUSTRIAL DEVELOPMENTS
1.
The Development Authority may request advisory comment from various departments within the
Provincial and Federal Government and/or from the Health Authority when considering an
application for the establishment of a rural industrial use or an industrial use in an Agriculture (AG)
District.
2.
All site regulations and development requirements, including any requirement for buffers, shall be
based upon the type of industrial development proposed and shall be at the discretion of the
Development Authority.
3.
A development permit for an industrial use in the Agriculture (AG) District may only be issued if, in
the opinion of the Development Authority:
A.
the applicant can satisfy the Development Authority with respect to any concerns
about:
i.
the type and level of exhaust that may be emitted into the atmosphere;
ii.
servicing requirements and provisions for meeting them; and
iii.
any costs associated with providing new or upgraded municipal services
associated with the development
7.13.1 INDUSTRIAL HEMP PRODUCTION FACILITY
1.
Industrial hemp production and distribution facilities shall not be permitted unless all applicable
licensing and approvals have been provided by the provincial and federal governments.
2.
A copy of the current license(s) and/or approvals for a proposed industrial hemp production and
distribution facility, as issued by the federal government, shall be provided to the Development
Authority with the development permit application or as a condition of development permit
approval.
3.
The design of buildings on the site shall be consistent with the characteristics and appearance of
the surrounding neighbourhood.
4.
Hours of operation may be restricted as a condition of the development permit issued by
Development Authority.
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5.
The illumination of parking areas, walkways, signs, and other structures associated with cannabis
production and distribution development shall be arranged to meet the requirements under
municipal, provincial and federal regulations.
6.
The minimum required lot size shall be at the discretion of the Development Authority.
7.
Parking and loading requirements for an industrial hemp production and distribution facility shall be
provided based on the requirements for an industrial use in Section 6.13 of this Bylaw, and any
applicable requirements in provincial and federal regulations, as amended.
8.
Solid waste material shall be secured in accordance with provincial and federal regulations until
destroyed.
9.
Applications for subdivision of land for this use may be required to include the information required
by the Development Authority in Section 2.5(3).
10.
Landscaping requirements shall be at the discretion of the Development Authority.
11.
On site buffering measures may be required for all industrial hemp production and distribution
facilities. Buffers may include a combination of: setbacks, landscaping, and fencing to mitigate the
impacts on adjacent lots.
12.
Minimum setback from any watercourse or water body shall be 30.0 m (98.0 ft.).
13.
The development shall be designed to minimize any exposure or disturbance to the surrounding
area including, but not limited to, dust, pollution, noise, odour, or any other related land use
nuisance effects.
14.
A building or structure used for security purposes for a hemp production and distribution facility
may be located in the front yard and must comply with the required minimum setbacks in the
applicable district.
7.14
IN-LAW SUITE
15.
An in-law suite shall be restricted to a site occupied by a single detached dwelling or a semi-
detached dwelling.
16.
An in-law suite is prohibited from being constructed within a Duplex, Multi-attached dwelling or
Apartment Housing.
17.
A maximum of one in-law suite is permitted on any single detached dwelling or semi-detached lot.
18.
An in-law suite shall remain accessory to and subordinate to the main dwelling and shall not
exceed 80.0 sq. m (861.1 sq. ft.).
19.
Shared mechanical rooms and common areas shall be excluded from the floor area calculation of
the in-law suite.
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20.
An in-law suite includes, but not limited to, a food preparation area, counter/cupboard space, sink,
refrigerator, stove or provision of 220 volt wiring and toilet with bathing facilities.
21.
An in-law suite does not have an entrance separate from the entrance to the main dwelling.
22.
The minimum floor area for an in-law suite is 30.0 sq. m (322.9 sq. ft.).
7.15
MANUFACTURED HOME PARKS
1.
The stalls shall be located a minimum of 3.0 m (10.0 ft.) from the park boundary. The setback strip
shall be landscaped and/or fenced to the satisfaction of the Development Authority.
2.
The minimum size for a manufactured home stall shall be 464.5 sq. m (5000.0 sq. ft.)
3.
All roads shall be constructed and maintained to the satisfaction of the Development Authority.
Minimum right-of-way width shall be 9.14 m (30.0 ft.).
4.
There shall be safe, convenient, all-season pedestrian access of not less than 1.0 m (3.2 ft.) in
width for intended use between individual manufactured homes, the park streets and all community
facilities provided for park residents.
5.
Visitor parking space shall be provided as required by the Development Authority, and shall not be
used for the storage of boats, trailers, etc.
6.
Two (2) off-street parking space shall be provided on or adjacent to each manufactured home stall.
7.
A minimum of 10% of the gross site area shall be devoted to recreational use or recreational space
as required by the Development Authority.
8.
All areas not occupied by manufactured homes and their additions, internal roads, footpaths,
driveways, permanent buildings and any other developed facilities, shall be fully landscaped to the
satisfaction of the Development Authority. Screen fences or walls shall be erected where deemed
necessary by the Development Authority around laundry yards, refuse collection points and
playgrounds.
9.
No part of the park shall be used for non-residential purposes except such uses as are required for
the direct servicing and well-being of the park residents and for the management and maintenance
of the park.
10.
Each manufactured home stall shall be clearly marked off by means of stakes, countersunk steel
posts, fences, curbs or hedges.
11.
Street lighting shall be to the same standard as that in a conventional residential neighbourhood.
12.
Manufactured homes shall be separated from each other by at least 6.1 m (20.0 ft.) side-to-side
and at least 3.0 m (10.0 ft.) from either front or rear stall line, provided further that any porch or
addition to the manufactured home is regarded as part of the manufactured home for the purpose
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of spacing. Notwithstanding the above, the minimum side yard requirements shall be 3.0 m (10.0
ft.).
13.
The minimum site area shall be 2.0 ha (5.0 ac).
14.
The maximum permissible density shall be six (6) manufactured home spaces per gross
developable acre (15/ha) of the area actually being developed at each stage of the development.
7.16
MANUFACTURED HOMES
1.
Before a development permit is issued for a manufactured home, the development authority shall
normally receive verification that the home fully complies with both the CSA Z240 MH National
Manufactured Home Standard and the Alberta Building Code (ABC). If the CSA Z240 sticker or
the Alberta Municipal Affairs sticker verifying compliance to the ABC is missing, the Development
Authority may require an inspection by an Alberta Safety Codes Officer.
2.
Should an inspection by an Alberta Safety Codes officer be required, and should the inspection
indicate that upgrades to the manufactured home are necessary to bring the home into compliance
with the CSA Z240 standard or the ABC, all required upgrades shall be made before the issuance
of a development permit.
3.
In addition to the requirements of subsection (1), a manufactured home located within a Hamlet or
a multi-lot residential development must meet the following aesthetic regulations:
A.
The height of the main floor above grade shall be consistent with the height of the
main floor of dwellings in the immediate and general area.
B.
The roof pitch shall be consistent with the roof pitch of dwellings in the immediate and
general area.
C.
Exterior finishing materials used on the roof and exterior walls shall be consistent with
the materials used on dwellings in the immediate and general area and in good
condition.
D.
Minimum roof overhang or eaves should be consistent with the overhang or eaves of
dwellings in the immediate and general area.
E.
The design of each manufactured home shall ensure the side or end facing the street
on which the home fronts contains a prominently placed front door, and windows in
quantity and size that are consistent with dwellings in the immediate area.
F.
Every manufactured home shall be placed on a full perimeter foundation that complies
with the Alberta Building Code unless the manufactured home is designed to be
supported on longitudinal floor beams, in which case an alternate skirted foundation
system as described in CSA Z240.10.1 may be employed.
G.
The full perimeter foundation or the skirting material utilized on an alternative skirting
foundation should be parged in order to create the same finished appearance
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customarily found on concrete basements of single detached dwellings in the
immediate and general area.
H.
All accessory structures, such as patios, porches, additions and skirting, shall be:
i.
factory-prefabricated units or the equivalent thereof, and so designed and
erected as to harmonize with the manufactured homes, and
ii.
considered as part of the main building, and
iii.
erected only after obtaining a development permit.
I.
The floor area of porches and additions shall be proportionate to the floor area of the
manufactured home unit and this relationship shall be determined by the Development
Authority.
J.
No accessory building, use or parking: space shall be located in the front yard of a
manufactured home use.
K.
For the purposes of storage, any furniture, domestic equipment or seasonally used
equipment shall be stored in adequate covered storage or screening either individually
on the lot or communally which shall conform to the Alberta Building Codes (ABC)
standards.
L.
The following regulations also apply to manufactured home uses located in residential
subdivisions and manufactured home subdivisions:
i.
The hitch and wheels are to be removed from the manufactured home.
ii.
All manufactured homes shall be placed on a foundation or base. The
manufactured home is to be attached by means of bolting or otherwise to
the foundation or base.
iii.
The property is to be grassed and landscaped within one year from the date
of issue of the development permit.
iv.
Minimum lot area and width may be less in the case of existing registered
substandard lots, with the approval of the Development Authority.
4.
Any required aesthetic upgrades to the manufactured home must be completed before the
issuance of the development permit. The completion of foundation or skirting material must be
completed within thirty (30) days of the placement of the manufactured home on a site.
5.
In the Agriculture Districts all accessory structures, such as patios, porches, additions and skirtings
shall be:
A.
factory-prefabricated units or the equivalent thereof, and so designed and erected as
to harmonize with the manufactured home units;
B.
considered as part of the main building; and
C.
erected only after obtaining a development permit.
6.
In the Agriculture (AG) and Victoria Agriculture (A1) Districts:
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A.
The hitch and wheels should be removed from the manufactured home unit;
B.
All manufactured homes shall be placed on a full perimeter foundation that complies
with the Alberta Building Code unless the manufactured home is designed to be
supported on longitudinal floor beams, in which case an alternate skirted foundation
system as described in CSA Z240.10.1 may be employed; and
C.
The full perimeter foundation or the skirting material utilized on an alternative skirting
foundation should be parged in order to create the same finished appearance
customarily found on concrete basements of single detached dwellings in the
immediate and general area.
7.
With the exception of driveways, no accessory building or use shall be located in the front yard of a
manufactured home park or in the Hamlet General (HG) District.
7.17
MOTELS
1.
A person applying to develop a site as a motel where permitted under this bylaw shall comply with
the following provisions of this section.
2.
Interpretation
For the purposes of this subsection, a rentable unit means a separate unit on a motel site used or
intended to be used for the dwelling accommodation of one or more persons.
3.
Site Requirements for Motels. Please refer to the following table:
MINIMUM SITE
YARDS
MINIMUM FLOOR AREA /
UNIT
One Storey
139.3 sq. m (1500 sq. ft.)
Front 7.6 m (25.0 ft.)
26.4 sq. m. (285.0 sq. ft.)
Side 3.0 m (10.0 ft.)
Rear 3.0 m (10.0 ft.)
Two Storey
93 sq. m (1,000 sq. ft.) per floor
Front 7.6 m (25.0 ft.)
26.4 sq. m (285.0 sq. ft.)
Side 3.0 m (10.0 ft.)
Rear 3.0 m (10.0ft.)
Table 10: Site Requirements for Motels
4.
Space Between Buildings
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Except in the case of rentable units and any other buildings where connected by a continuous roof
to form a shelter for motor vehicles, not less than 3.6 m (12.0 ft.) of clear and unoccupied space
shall be provided between each rentable unit and any other building on the site.
5.
Driveways
Each rentable unit shall face onto or abut a driveway not less than 6.0 m (20.0 ft.) in width and
shall have unobstructed access thereto.
6.
Entrances and Exits
Not more than one major vehicle entrance and one motor vehicle exit to a street, each of a
minimum width of 7.6 m (25.0 ft.) measured at its minimum dimension shall be permitted, provided
that one combined motor vehicle entrance and exit shall be permitted, not less than 9.1 m. (30.0 ft.)
in width.
7.
Maintenance of Site and Buildings and Business
The owner, tenant, operator or person in charge of a motel shall at all times:
A.
Maintain the site and the buildings, structures and improvements thereon in a clean,
neat, tidy and attractive condition and free from all rubbish and debris.
B.
Maintain garbage and / or incineration facilities to the satisfaction of the Development
Authority.
C.
Maintain an appropriate fence where required, not less than 1.5 m (5.0 ft.) in height
around the boundaries of the site and shall landscape and keep the site landscaped.
7.18
MULTI-DWELLING DEVELOPMENTS
1.
The following application procedure applies to apartments and duplex development:
A.
Before any application can be considered the applicant must submit:
i. design plans and working drawings including elevations which have been done
or endorsed by a registered architect.
ii. site plans showing the proposed:
a.
location and position of structures on the site, including any "For Rent"
or identification signs;
b.
location and number of parking spaces, exits, entries and drives from
public thoroughfares;
c.
location of an access to garbage storage areas and incinerators and the
fencing and landscaping of these facilities; and
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d.
landscape plan of the entire site which shall also show intended
surfacing for drives and parking areas.
B.
The aforementioned plans will append the application and once approved shall be
deemed conditions of approval. The Development Authority may require a
performance bond from the developer if deemed necessary.
2.
In the case of all buildings and relationship of the building to each other and the total relationship of
the land on which they are constructed, in particular respect to such matters as architectural
appearance, the provision of adequate light, air, privacy and landscaping shall be fully shown upon
the site plans of the whole development, and all the foregoing shall be to the satisfaction of the
Development Authority.
7.19
NATURAL RESOURCE EXTRACTION INDUSTRIES
1.
In accordance with in Sections 2.4 and 2.7 of this Bylaw, a development permit will be required for
natural resource extraction developments including but not limited to: borrow pits, sand, gravel,
clay, top soil, gypsum, granite, salt or any other mineral extraction operation.
2.
A development permit shall not be issued for a sand, gravel, clay, coal, limestone, gypsum, granite,
salt or a mineral extraction operation until any necessary reclamation plan and permit/license is
approved by the Provincial Government.
3.
Where not required to do so by Provincial agencies, the proponent of a natural resource extraction
industry shall be required to submit a reclamation plan to the Development Authority for their
approval prior to the issuance of a development permit.
4.
Where not required to do so by the Province, the proponent of a natural resource extraction
industry shall, at the discretion of the Development Authority, be required to post with the County
security in the form of either, cash or an irrevocable letter of credit to ensure that reclamation will
be completed.
5.
A disturbed area shall be reclaimed to:
A.
at least its former capability for agriculture; or
B.
any other use which the Development Authority feels will be beneficial to the County.
6.
The following conditions of approval may be included when processing an application for a natural
resource extraction industry:
A.
limitation of hours of operation;
B.
requirement to enter into a Road Use Agreement with the County for the provision of
dust control and maintenance/upgrading of roads used in direct relation to the
operation;
C.
posting of adequate signage, including company name and emergency telephone
numbers, to warn of possible site or operational hazards and dangers;
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D.
methods of minimizing noise in relation to the activities of the operation; and
E.
payment of an aggregate levy to the County as outlined by the County's Community
Aggregate Payment Levy bylaw.
7.
Extraction operations, such as sand, gravel and other mineral resource workings shall be permitted
to proceed only after the issuance of proper licenses that indicate compliance with the appropriate
provincial and federal legislation and regulations.
8.
The County should not allow residential, commercial, or industrial development to occur on known
commercial deposits of sand and gravel or other mineral resources if that development will prevent
the future extraction of the resource.
9.
Council shall urge the provincial and federal agencies to comply with the policies of this section
and the overall intent of the Plan when developing natural resource extraction activities that are
exempt from control under the Municipal Government Act.
10.
Resource processing should be handled as a form of industrial development, and be subject to the
industrial regulations contained in Section 7.1 of this Bylaw.
7.20
PET KEEPING, LIVESTOCK AND KENNELS
1.
The keeping of domestic pets shall be accordance with the County's Dog Control and/or Animal
Control Bylaw(s), as amended.
2.
Subject to the County's Animal Control Bylaw:
a.
The keeping of non-domestic dogs on any lot, whether the dogs are being bred or boarded, shall
be allowed at the discretion of the Development Authority only in those Districts where kennels are
listed as a Discretionary Use in this Bylaw.
b.
The maximum number of dogs to be kept on-site in each of the above Districts shall be at the
discretion of the Development Authority.
c.
In determining the number of dogs, un-weaned pups of less than six months of age shall not be
included.
d.
An exercise area shall be provided for each dog as follows:
i.
breeds weighing 16 kg (35 lbs.) or less - at least 2.3 sq. m. (25.0 sq. ft.) per dog; and
ii.
breeds weighing more than 16 kg (35 lbs.) - at least 4.6 sq. m. (50.0 sq. ft.) per dog.
e.
No building or exterior exercise area to be used to accommodate the dogs shall be allowed within
25.0 m (82.0 ft.) of any lot line of the lot for which an application is made.
f.
All exterior exercise areas (runs) shall be enclosed with an acceptable fence with a minimum
height of 1.8 m (6.0 ft.).
g.
All dogs in kennels shall be kept within buildings or a fenced area at all times when not leashed.
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h.
All dog facilities shall be cleaned on a daily basis, and all feces shall be stored in an enclosed
container and disposed of in a sanitary manner.
i.
Pens, rooms, exercise runs, and holding stalls shall be soundproofed where possible to the
satisfaction of the Development Authority.
j.
An air circulation or extractor system shall be provided in the animal shelter or holding area where
heating and air conditioning is necessary.
k.
All facilities and kennel operations shall be in compliance with the applicable Provincial regulations.
3.
In the case of a conflict between this Land Use Bylaw and the County's and/or Animal Control
Bylaw(s), the latter shall prevail.
7.21
PLACES OF WORSHIP
1.
The site on which a place of worship is situated shall have a frontage of not less than 30.4 m
(100.0 ft.) and an area of not less than 929 sq. m (10,000 sq. ft.) except in the case where a
building for a clergyman's residence is to be erected on the same site. The combined area of the
site in this case shall not be less than 1393.5 sq. m (15,000 sq. ft.).
2.
Front, side and rear yards shall be those permitted within the district in which the church site is
located.
7.22
PRIVATE LIQUOR STORE AND STORAGE FACILITIES
1.
A person applying to develop a site as a private liquor store and storage facility where allowed
under this bylaw shall comply with the following provisions:
A.
Store size limitation - the retail and storage space shall be a minimum of 56.0 sq. m
(600.0 sq. ft.).
7.23
RECREATIONAL USES
1.
Recreational development shall be required to:
A.
maintain an open space buffer of sufficient size and composition to act as a visual and
noise barrier from adjacent uses which may be incompatible; and
B.
install, when necessary, adequate on-site water supply and sewage disposal systems
which have been approved by the authority having jurisdiction.
7.24
RECREATIONAL VEHICLE CAMPGROUNDS
1.
Development of roads, facilities, and recreational vehicle sites shall occupy no more than two-
thirds of the proposed site, leaving a minimum of one-third of the site in its natural state (or
landscaping one-third to the satisfaction of the Development Authority).
2.
Campgrounds should be designed and landscaped to minimize disturbance to the natural
environment and to protect heavy use areas from damage.
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3.
The entire site design shall be at the discretion of the Development Authority.
4.
Where the campground directly adjoins a residential area, adequate screening or fencing shall be
provided, to the satisfaction of the Development Authority.
5.
A sufficient number of picnic tables, fire pits, and garbage cans shall be provided to accommodate
the design capacity of the campground. Exact numbers shall be at the discretion of the
Development Authority.
6.
On recreational vehicle campgrounds located next to a lake, if boat launching and swimming
facilities are not provided, alternative locations for same should be indicated on a map or sign on
the site.
7.
An adequate potable water supply and sewage disposal facilities shall be provided, in accordance
with Provincial regulations and/or the Safety Codes Act, as applicable.
8.
A portion of the campsites should be serviced by electrical, water or sewage disposal hookups.
7.25
RECREATIONAL VEHICLE PARKS
1.
Each recreational vehicle parking stall be a minimum width of 10.0 m (32.8 ft.) and a minimum area
of 250.0 sq. m (2691.0 sq. ft.).
2.
As a condition of approval, the Development Authority shall require the developer to obtain any
necessary permits and approvals from all regulatory authorities and agencies having jurisdiction,
including any necessary approvals pursuant to the Alberta Safety Codes Act that may be
applicable.
3.
As a condition of approval, the Development Authority may require that the developer construct,
upgrade, or pay to construct or upgrade any necessary municipal infrastructure to service to the
development.
4.
All internal roads shall be the responsibility of the Developer for both construction and future
maintenance. Also, internal roads shall have a minimum of a 6.0 m. (20.0 ft.) usable top, except for
one-way roads, which shall have a minimum of a 3.7 m. (12.0 ft.) usable top.
5.
The developer shall provide on-site potable water supply which meets all applicable provincial
water requirements.
6.
The developer shall provide sewage disposal facilities in accordance with the County's servicing
requirements as well as all applicable provincial regulations.
7.
As a condition of approval, the Development Authority shall require the developer to obtain any
necessary permits and approvals from all regulatory authorities and agencies having jurisdiction
over this type of development.
8.
The developer shall be required to enter into a development agreement with the County as a
condition of development approval. The development agreement will include provisions requiring
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the developer to construct, upgrade, or pay to construct or upgrade the necessary County roads to
access the development when determined necessary by the Development Authority.
9.
The developer shall designate an area equivalent to ten (10%) percent of the total recreational
vehicle campground area as a playground. This area is to be clearly marked and free from all traffic
hazards.
10.
All stalls shall maintain a minimum set back of 30.0 m (98.4 ft.) from the shoreline of any body of
water.
11.
The maximum number of recreational vehicles permitted per stall shall be one (1).
12.
A site plan detailing the protection of existing treed areas and site topography is required prior to
issuance of a development permit.
13.
Spaces for day use, picnicking and similar activities shall be suitably organized, clearly marked and
constructed to the satisfaction of the Development Authority.
14.
All other site requirements shall be as required by the Development Authority.
15.
Minimum Yard Setbacks:
A.
Front, side, corner and rear yard setbacks shall be 7.6 m (25.0 ft.) or 10% of the lot
width, whichever is lesser.
7.26
RECREATIONAL VEHICLES LOCATED IN RECREATIONAL VEHICLE
CAMPGROUNDS
1.
No recreational vehicle, whether located within a recreational trailer park or on a lot, may have
associated with it any more than two (2) accessory structures, buildings, or other paraphernalia, in
addition to fences, benches, fire pits, and picnic tables. A small shed with a maximum size of
18.58 sq. m (200 sq. ft.), and a screened or roofed patio around or beside the recreational vehicle
is permitted.
2.
No structure accessory to a recreational vehicle shall be used as sleeping quarters.
3.
Except for a recreational vehicle on a lot, the total gross floor area or ground area covered by all
accessory structures, buildings or other paraphernalia (other than those indicated in subsection
6.16(1) shall not exceed 50% of the RV lot size.
7.27
RELOCATION OF BUILDINGS OTHER THAN MANUFACTURED HOMES
1.
No person shall alter the location on a parcel of a building already constructed on that parcel,
unless a development permit has been issued.
2.
No person shall place on a parcel of land within the Highway Commercial (C1) District, Victoria
Commercial (C2) District or Hamlet General (HG) District a building formerly erected or placed on a
different parcel, including portable pre-fabricated buildings, without an approved development
permit.
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3.
Any application for a "moved-in building" considered by the Development Authority shall:
A.
be accompanied by recent colour photographs of the structure; and
B.
indicate if the building will meet current requirements of the Alberta Building Code
(ABC), and if it does not, how the building will be brought up to these requirements;
and
C.
meet all other requirements or conditions as required by the Development Authority
Officer.
4.
The Development Authority may, at his/her discretion, require, prior to the approval of a
development permit for a relocated building, that an inspection of the proposed relocated building
be completed by the Development Authority or a designated officer to determine its suitability for
relocation in the County.
7.28
RESIDENTIAL CLUSTER CONSERVATION DESIGN REQUIREMENTS
1.
A land suitability analysis (LSA) of the proposed development site which illustrates:
A.
Primary Conservation Areas;
B.
Secondary Conservation Areas;
C.
Low Priority Conservation Areas; and
D.
Open Space Areas;
must be included with all Area Structure Plans and Development Concept Plans for Multi- lot
Residential (Cluster) Conservation Developments if the proposed development would exceed the
maximum density of 1.54 dwellings per net ha (0.6 dwellings per net ac.) or where the development
proposed is:
i.
not located within a Hamlet area; and
ii.
the developer proposed lots which are smaller than 0.3 ha (0.74 ac.) 0.75 ac. (0.303
ha) in area.
The purpose of the LSA is to ensure that important site features have been identified and that the
open space proposed will meet the open space requirements of these Policies.
2.
The LSA shall include information about:
A.
site and property boundaries;
B.
all streams, rivers, lakes, wetlands, and other hydrogeological features (including
seasonal water flow and ponding areas) within and adjacent to the site;
C.
topographic contours of no less than 3.0 m (10.0 ft.) intervals;
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D.
all environmentally sensitive areas as identified by Alberta Environment and
Sustainable Resource Development;
E.
general vegetation characteristics;
F.
soil drainage;
G.
soils information including farmland assessment information and soil suitability for
private sewage disposal;
H.
existing roads and road structures; and
I.
potential connections of open space, green spaces, and trails.
This information shall be used to determine Primary, Secondary, and Low Priority Conservation
areas.
3.
Normally, at least 50% of the gross developable area shall be left as Open Space in Cluster
Residential Developments. However, at the discretion of the Development Authority and the
Subdivision Authority this percentage may be reduced based on the results of the biophysical
analysis submitted with the application.
4.
The location and percentage of open space in the development must be illustrated on the
development concept.
5.
The following are considered Primary Conservation areas. Primary Conservation areas must be
included within the Open Space areas:
A.
the 1:100 year floodplain;
B.
water features and buffer zones which meet the minimum ER width requirements
identified in the Sustainable Resource Development Guidelines for Minimum
Environmental Reserve/Easement Width;
C.
slopes greater than 15%;
D.
populations of endangered or threatened species, or habitat for such species;
E.
hazard lands and the environmental reserve modifier areas identified in the
Sustainable Resource Development Guidelines for Minimum Environmental
Reserve/Easement Widths (see appendix A);
F.
environmentally sensitive areas (ESAs), as identified by Alberta Environment or
Alberta Sustainable Resource Development; and
G.
Heritage resources such as municipal, provincial and nationally identified heritage sites
as well as: archaeological sites, cemeteries, burial grounds, and other historical sites.
6.
The following are considered Secondary Conservation areas. Secondary Conservation areas may
be included within the Open Space areas:
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A.
existing healthy, native forests of at least 0.4 ha (10.0 ac.) contiguous area;
B.
other significant natural features and scenic view sheds such as water bodies, ridge
lines, peaks and rock outcroppings, particularly those that can be seen from public
roads or public properties;
C.
agricultural lands with a farmland assessment ratio of 55% or greater of at least 2.0 ha
(5.0 ac.) contiguous area; and
D.
existing trails that connect to neighbouring areas.
7.
All remaining lands will be considered Low Priority Conservation areas. These areas are not
required to be included within the Open Space areas.
8.
If the entire site of a development proposal is identified as low priority conservation area,
development should be directed to previously cleared and/or disturbed areas.
9.
The following uses are suitable for Open Space Areas:
A.
conservation of natural, archeological, or historical resources;
B.
conservation of meadows, woodlands, wetlands, wildlife corridors, game preserves, or
similar conservation-oriented uses;
C.
walking or bicycle trails, provided they are constructed of porous paving and pervious
materials;
D.
passive recreation, such as open fields;
E.
active recreation including at the discretion of the Development Authority, recreational
vehicle storage or over flow parking and small group campsites, provided that they are
limited to no more than 10% of the total Open Space area, and provided further that
they are not located within Primary Conservation Areas. Active recreation areas may
include impervious surfaces. These impervious areas shall not count towards the
minimum open space requirement. Active recreation areas in excess of this limit must
be located outside of the Open Space areas;
F.
agriculture, horticulture, or pasture uses, provided that all applicable best management
practices are used to minimize environmental impacts, and such activities are not
conducted within Primary Conservation Areas;
G.
non-structural storm water management practices and structural storm water
management practices that allow for filtered groundwater;
H.
sewage disposal fields comprised of single or multiple septic tanks;
I.
enclosed sewage treatment facilities; and
J.
easements for drainage, access, and underground utility lines.
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10.
The Development Concept Plan for a Conservation Residential Development shall include an
Open Space Management Plan. The open space can be managed in a number of ways, including,
but not limited to:
A.
municipal ownership (in Municipal and/or Environmental Reserve parcels);
B.
as a common unit (or units) within a bareland condominium plan; or
C.
as a commonly owned unit, provided that a conservation easement is placed on the
lands.
11.
The Development Concept Plan will clearly indicate who shall be responsible for maintaining and
managing the Open Space areas and how funding for the maintenance and management shall be
collected, including any legal instrumentation of such responsibilities and funding. The Plan will
also indicate how, if the maintenance and/or management of the Open Space areas becomes
neglected and/or if funding provisions cannot be enforced, the County shall assume responsibility
for maintenance and management of the Open Space areas, and, further, how the costs of such
maintenance and management, including administrative costs, interest, and penalties, will be
charged back against the landowners within the development.
12.
Since such Open Space Areas are not developable, their value will be reduced for assessment and
municipal taxation purposes.
13.
Private recreation facilities shall be encouraged within the residential conservation (cluster) area in
order to provide residential recreational amenity that are not lake intensive. Public recreation
facilities (facilities open to the general public) shall be considered discretionary developments and
shall only be developed if they are compatible with the environment and with nearby uses and
developments.
14.
Though the form of ownership of the individual residential dwelling units may be the normal fee
simple ownership, other forms, such as co-operatives, bare land condominiums, rental
accommodation, societies, joint ownerships, to name a few, shall be considered. The form of
ownership, and the implications of the form of ownership for the management and maintenance of
any services and utilities, shall be identified in the Development Concept Plan for a particular
development.
15.
The form of ownership, and the implications of the form of ownership for the management and
maintenance of any services and utilities, shall be identified in the Development Concept Plan for a
particular development. The Development Concept Plan will:
A.
allocate responsibility and guidelines for the maintenance and operation of the Open
Space and any facilities located thereon including provisions for ongoing maintenance
and long-term capital improvements. Facilities may include: water treatment facilities,
recreation facilities and trail networks; and
B.
provide a strategy for the enforcement of the Plan.
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16.
Any changes to the Area Structure Plan or Development Concept Plan must be approved by
Smoky Lake County. The responsibility for maintaining the Open Space and any facilities located
thereon shall be borne by the owner.
17.
In the event that the party responsible for maintenance of the Open Space fails to maintain all or
any portion in reasonable order and condition, Smoky Lake County may assume the responsibility
for maintenance, enter the premises to take corrective action, and charge the costs to the
previously responsible party. The County may also bill for administrative costs and penalties
associated with the maintenance.
18.
The Development Authority may require the Open Space be protected by a legally binding
instrument such as a Conservation Easement which is recorded with the deed. The form of
protection and the organization or entity to which the instrument will be registered shall be
identified in the Development Concept Plan for a particular development. The instrument will be
registered to one of the following:
A.
A land trust or conservation oriented non-profit organization with the legal authority to
accept such easements. The organization shall be bona fide in perpetual existence
and the conveyance instruments shall contain an appropriate provision for retransfer to
the County in the event that the organization becomes unable to carry out its functions;
or
B.
A government entity with an interest in pursuing goals compatible with the purposes of
this policy. If the entity accepting the easement is not Smoky Lake County, then a
third right of enforcement favouring Smoky Lake County shall be included in the
easement.
19.
The instrument for permanent protection shall include clear restriction on the use of Open Space.
There restrictions shall include all restrictions included in this policy as well as any further
restrictions the applicant chooses to place on the use of the Open Space.
20.
The Development Authority may require the Open Space be protected by a legally binding
instrument such as a Conservation Easement which is recorded with the deed. The form of
protection and the organization or entity to which the instrument will be registered shall be identified
in the Development Concept Plan for a particular development. The instrument will be registered to
one of the following:
A.
A land trust or conservation oriented non-profit organization with the legal authority to
accept such easements. The organization shall be bona fide in perpetual existence
and the conveyance instruments shall contain an appropriate provision for retransfer to
the County in the event that the organization becomes unable to carry out its functions;
or;
B.
A government entity with an interest in pursuing goals compatible with the purposes of
this policy. If the entity accepting the easement is not Smoky Lake County, then a
third right of enforcement favouring Smoky Lake County shall be included in the
easement.
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21.
The instrument for permanent protection shall include clear restriction on the use of Open Space.
There restrictions shall include all restrictions included in this policy as well as any further
restrictions the applicant chooses to place on the use of the Open Space.
7.29
RESIDENTIAL CLUSTER CONSERVATION USES
1.
Residential (cluster) conservation uses must conform to provisions in applicable statutory plans,
development concept plans and/or regional plans effecting the subject lands.
2.
A subdivision to create a multi-lot residential development within the Residential (Cluster)
Conservation District will not be considered for approval until an Area Structure Plan affecting the
subject site is submitted by the developer and approved by Council. At the discretion of the
Development Authority a Development Concept Plan may be accepted instead of an Area
Structure Plan.
3.
A Land Use Bylaw amendment to re-district land to the Residential (Cluster) Conservation District
will not be considered for approval until an Area Structure Plan affecting the subject site is
submitted by the developer and approved by Council. At the discretion of Council, a Development
Concept Plan may be accepted instead of an Area Structure Plan.
4.
The Area Structure Plan or Development Concept Plan submitted as a requirement for the
approval of a re-districting application or a multi-lot country residential subdivision for a residential
(cluster) conservation use shall include a land suitability assessment, which provides information
about the environmental features of the site both in map form and with some text describing the
features of the map (or maps). The site design of the development must reflect the findings of the
LSA and be designed to ensure that the development has a Low Net Environmental Impact.
5.
The purpose of the LSA is to ensure that the important site features have been identified. The LSA
should include:
A.
site and property boundaries;
B.
all streams, rivers, lakes, wetlands, and other hydro-geological features (including
seasonal water flow and ponding areas) within and adjacent to the site;
C.
topographic contours of no less than 30.0 m (98.4 ft.) intervals;
D.
all environmentally sensitive areas which have been or may be identified by Alberta
Environment and Sustainable Resource Development;
E.
general vegetation characteristics;
F.
soil drainage;
G.
soils information including farmland assessment information and soil suitability for
private sewage disposal for the site;
H.
existing roads and road structures;
I.
potential connections of open space, green spaces, and trails (if applicable);
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J.
Environmentally Significant Areas (ESAs); and
K.
Heritage Resources including municipally, provincially and nationally recognized
heritage sites as well as any additional resources identified as a result of a Heritage
Resource Impact Assessment.
6.
The LSA may be used to determine primary, secondary, and low priority conservation areas if the
developer applies for density bonusing.
7.
Residential conservation development shall not be allowed on land having critical development
constraints. The following list of development criteria shall be used in determining the suitability of
land for seasonal/permanent residential development:
A.
Groundwater of sufficient quantity and quality shall be available to support the
proposed development. No development shall be permitted in areas where reserves
of potable water are inadequate in the opinion of the Development Authority.
B.
Development shall be prohibited on slopes in excess of 15% or unstable slopes
subject to soil slippage or other mass movement.
C.
Development shall be prohibited in areas characterized by wetlands, swamps,
muskeg, or saturated soils.
D.
Development shall also be prohibited in areas subject to periodic flooding or on soils
which become saturated due to flooding.
E.
Development maybe prohibited on soils which have extremely fast percolation rates (2
min./1 inch or faster) and/or would promote the possibility of groundwater
contamination.
8.
Development for multi-lot residential (cluster) conservation purposes shall be prohibited:
A.
on sites where adequate year-round access is not available by paved roads in good
condition, developed to current County standards;
B.
on sites where necessary services are not provided at the sole expense of the
developer;
C.
within 30.0 m (98.4 ft.) of a lake.
9.
The natural topography and vegetation of the development area shall be conserved wherever
possible as illustrated in Figures 24 and 25.
10.
Development will be directed to lands that are identified to be of lesser environmental significance,
such as those areas which may be identified as low priority conservation areas.
11.
Wildlife corridors or connections between all conservation areas shall be maintained wherever
possible.
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12.
The natural landscape and topography shall be considered and incorporated into the overall design
of the development.
13.
Internal road access shall be provided to each residential parcel, though the roads may be private
in accordance with the policies of this area.
14.
The Municipality will require hard surfaced roads in all new multi-lot country residential
developments developed to current County standards.
15.
All new developments shall provide and pay for infrastructure and servicing improvements, as well
as the extension of services to facilitate the development.
16.
Transportation, communication, and public utility uses shall be considered discretionary. Such
uses shall only be developed in such a manner as shall not adversely affect the environment,
surface or ground water quality, or existing developments.
17.
All development shall be required to install sewage disposal systems which have been approved
by the authority having jurisdiction.
18.
No development shall be permitted on Reserve lands if the development does not serve the
interests of the general public.
19.
All development shall be required to maintain a buffer of sufficient size and composition to act as a
noise and visual barrier from adjacent incompatible uses.
20.
Spaces for day use, hiking trails, overnight camping, and similar activities shall be suitably
organized and clearly marked. Adequate lake access, boat launching, and parking facilities shall
be provided where applicable.
21.
Any proposed facilities such as change houses, sewage disposal, garbage disposal, and on-site
water supply shall be required to have approval from authorities having jurisdiction, and shall be of
sufficient size and quality to handle anticipated use.
22.
The clearing of vegetation shall be minimized to lessen the impact of the development on sensitive
riparian areas and encourage biodiversity.
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Figure 22: Cluster Conservation Subdivision Example #1
Figure 23: Cluster Conservation Subdivision Example #2
23.
Any person who proposes to alter the bed or shoreline of a lake must first receive appropriate
approvals from Provincial authorities. Under Provincial law, most development on the bed or
shoreline of a lake (up to the high water mark) is required to obtain a License of Occupation from
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Provincial authorities prior to construction. Improvements not requiring a license include minor
bank stabilization, erection of a small, removable, seasonal, domestic pier, or placement of a
removable boatlift on the lake bed during the summer months. Shoreline alterations involving such
things as depositing soil materials within the high water level of a lake will generally not be
permitted.
24.
Further information may be obtained from appropriate Provincial government offices.
25.
All multi-lot residential developments in the Residential (Cluster) Conservation District shall be
either:
A.
low density multi-lot residential developments, with a maximum density 1.54 dwellings
per net ha (0.6 dwellings per net ac) The minimum lot area is 0.3 ha (0.74 ac.) and the
maximum lot area is 4.04 ha (10.0 ac.); or
B.
cluster residential developments, with a maximum density 2.47 dwellings per net ha
(1.0 dwelling per net ac.). The minimum lot area shall be at the discretion of the
Development Authority and the maximum lot area shall normally be 0.2 ha (0.5 ac.). In
order to qualify for this type of residential development the design of the development
must conform to the requirements for density bonusing outlined in Section 7.26.
26.
The maximum density of low density multi-lot residential developments within areas identified
as residential (cluster) conservation areas shall be determined by the Subdivision Authority and the
Development Authority on a site by site basis. The maximum residential density shall be based on:
A.
the land suitability assessment (LSA) undertaken for the site. Residential density will
be determined on a site by site basis having regard for site conditions, environmental
considerations and impacts, and other factors that may be considered in the design of
the proposal;
B.
the maximum number of allowed dwelling units will normally be determined by dividing
net developable area of the site by the minimum residential parcel size of 0.3 ha (0.74
ac.);
C.
the net developable area shall be the total gross area of the site, less the area of:
i. bodies of open water over 500.0 sq. m (5382.0 sq. ft.) in area or greater;
ii. anticipated rights-of-way for roads and utilities;
iii. Environmental Reserve and/or Environmental Reserve Easement areas (if
applicable); and
iv. Municipal Reserve areas (if applicable);
D.
the suitability and availability of municipal services and infrastructure necessary to
support the proposal; and
E.
the compatibility of the proposed density with that of the surrounding area and the
character of the existing community (if applicable).
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27.
The maximum density for cluster residential developments within areas identified as residential
(cluster) conservation areas or on sites where a developer wishes to qualify for density bonusing,
shall be determined by the Subdivision Authority and the Development Authority on a site by site
basis. The maximum residential density shall be based on the design requirements for cluster
residential developments identified in the following section.
7.30
RESIDENTIAL USES
1.
In all residential districts, residential development shall not be allowed on land having critical
development constraints. The following list of development criteria shall be used in determining the
suitability of land for seasonal/permanent residential development:
A.
Groundwater of sufficient quantity and quality shall be available to support the
proposed development. No development shall be permitted in areas where reserves
of potable water are inadequate in the opinion of the Development Authority.
B.
Development shall be prohibited on slopes in excess of 15% or unstable slopes
subject to soil slippage or other mass movement.
C.
Development shall be prohibited in areas characterized by wetlands, swamps,
muskeg, or saturated soils. Development shall also be prohibited in areas subject to
periodic flooding or on soils which become saturated due to flooding.
D.
Development shall be prohibited on soils which have extremely fast percolation rates
(2 min./1 inch or faster) and/or would promote the possibility of groundwater
contamination.
2.
Development for multi-lot country residential purposes shall be prohibited:
A.
on sites where adequate year-round access is not available by either a paved or
graveled all-weather road in good condition;
B.
on sites where necessary services are not provided at the sole expense of the
developer;
C.
within 30.5 m. (100.0 ft) of a lake or the North Saskatchewan River. If the developer
disputes the required setback then the developer may provide the Development
Authority with a biophysical study which indicates that an alternative setback area is
appropriate for the subject site. The Development Authority will then carefully consider
the additional information and make a determination regarding the most appropriate
setback area for the site.
3.
All development shall be located on lots large enough to support on-site water supply and sewage
disposal systems. All development shall be required to install sewage disposal systems which
have been approved by the authority having jurisdiction.
4.
Any proposed facilities such as change houses, sewage disposal, garbage disposal, and on-site
water supply shall be required to have approval from authorities having jurisdiction, and shall be of
sufficient size and quality to handle anticipated use.
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5.
The clearing of vegetation shall be minimized and occur only after obtaining a development permit.
6.
Any person who proposes to alter the bed or shoreline of a lake must first receive appropriate
approvals from Provincial authorities. Under Provincial law, most development on the bed or
shoreline of a lake (up to the high water mark) is required to obtain a License of Occupation from
Provincial authorities prior to construction. Improvements not requiring a license include minor
bank stabilization, erection of a small, removable, seasonal, domestic pier, or placement of a
removable boatlift on the lake bed during the summer months. Shoreline alterations involving such
things as depositing soil materials within the high water level of a lake will generally not be
permitted.
7.
Further information may be obtained from appropriate Provincial government offices.
8.
Where there is an approved Area Structure Plan, Intermunicipal Development Plan or Outline Plan
regulations in that Plan will apply.
7.31
SATELLITE DISH ANTENNAS AND COMMUNICATION TOWERS
(a) Smoky Lake County is not the approving authority for telecommunication
antenna systems or structures.
(b) The federal Minister of Industry (or the equivalent) is the approving authority
for the development and operation of radiocommunication in Canada,
including telecommunication antenna structures, pursuant to the
Radiocommunication Act.
(c) To this end, Industry Canada requires in certain cases that the local land use
authority and the public must be consulted for input regarding the proposed
placement of a telecommunication facility.
(d) In those cases, all applications for the development of a communication tower
should meet the rules and follow the procedures of the Smoky Lake County
Telecommunication Policy Statement No. 61-22 (or its equivalent).
(e) The County will encourage developers of wireless communications facilities to
demonstrate good planning and design with foremost regard to safety of the
general public; adherence to established construction standards in industry;
minimizing impacts to the natural environment; minimizing the visual impacts
on nearby residents; and ensuring public consultation in the early
development stages.
(f) The application for development of a wireless communications facility is
encouraged to engage existing owner/operators of these structures for co-
location opportunities.
(g) The following rules apply to satellite dish antennas:
i.
a satellite dish antenna is an accessory use, which requires an approved
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development permit, unless the satellite antenna has a dish diameter of
less than 1m;
ii. a satellite dish antenna should be placed in the rear or side yard but may
be placed in the front yard if the diameter is less than 1m and subject to
this section;
iii. a satellite dish antenna shall be situated so that no part of the antenna is
closer than 0.6 m from the side or rear boundaries of the parcel;
iv. no advertising other than the manufacture's name/logo shall be allowed
on a satellite dish antenna; and
v. the illumination of a satellite dish antenna is prohibited.
7.32
SECONDARY SUITES
1.
A secondary suite shall be restricted to a site occupied by a single detached dwelling or a semi-
detached dwelling.
2.
A secondary suite is prohibited from being constructed within a duplex, multi-attached dwelling or
apartment housing.
3.
A maximum of one secondary suite is permitted on any single detached dwelling or semi-detached
lot.
4.
A secondary suite shall remain accessory to and subordinate to the main dwelling and shall not
exceed 8.0 sq. m (860.0 sq. ft.).
5.
Shared mechanical rooms and common areas shall be excluded from the floor area calculation of
the secondary suite.
6.
A secondary suite includes, but not limited to, a food preparation area, counter/cupboard space,
sink, refrigerator, stove or provision of 220 volt wiring and toilet with bathing facilities.
7.
A secondary suite has an entrance separate from the entrance to the main dwelling, either from a
common indoor landing or directly from the exterior of the structure.
8.
A secondary suite may include the conversion of a portion of existing space in the main dwelling,
the addition of new floor space to an existing dwelling.
9.
The minimum parcel size for a secondary suite is 360.0 sq. m (3875.0 sq. ft.) in size.
10.
The minimum lot width requirement for secondary suites is 12.2 m (40.0 ft.).
11.
The minimum area for a secondary suite is 30.0 sq. m (322.9 sq. ft.).
12.
A secondary suite cannot exceed the maximum height of the main dwelling.
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13.
Prior to development permit approval the developer must submit, along with an application for a
development permit, a parking plan that indicates the location and size of the onsite parking
spaces.
14.
One on-site parking stall shall be provided for the secondary suite, in addition to the parking
requirements for the main dwelling pursuant to Section 6.13 of this Bylaw. Tandem parking may
be permitted at the discretion of the Development Authority.
7.33
SERVICE STATIONS AND GAS STATIONS
1.
A person applying to develop a site as a service station or gas station establishment where allowed
under this bylaw shall comply with the following provisions of this section.
2.
Service and gas stations shall be located in such a manner that:
A.
No entrance or exit thereto for motor vehicles shall be within 60.9 m (200.0 ft.) of an
entrance to or exit from a public or quasi-public use.
B.
No part of a service station or gas station building or of any pump or other accessory
building shall be within 6.0 m (20.0 ft.) of a side or rear property line.
C.
Service stations shall have a front yard of not less than 12.2 m (40.0 ft.), and no
gasoline pump shall be located closer than 6.1 m (20 ft.) to the front property line.
D.
Storage tanks shall be set back from adjacent buildings in accordance with applicable
Provincial requirements.
3.
Site Area and Coverage
A.
The minimum site area shall be 743.2 sq. m (8,000.0 sq. ft.) and the maximum building
coverage shall be 25% of the site area. For service stations including car washes the
minimum site area shall be 1,114.8 sq. m (12,000 .0 sq. ft.).
B.
In the case of a service station designed and built as part of a shopping centre the
ratio of building space to parking space shall be as determined by the Development
Authority.
4.
Surfacing
A.
All parts of the site to which vehicles may have access shall have the surface
completed to the satisfaction of the Development Authority.
5.
Lighting
A.
Any lighting proposed to illuminate off-street parking areas shall be located and
arranged so that all direct rays of light are directed upon the site only and not on any
adjoining properties.
6.
Use and Maintenance of Service Station Site and Building
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The owner, tenant, operator or person in charge of a service station shall at all times:
A.
Be prohibited from the carrying on of the business of a public garage or parking garage
(provided, however, that this shall not prevent the use of garage space available on
any authorized service station for storage) or of any business or activity which is;
obnoxious or offensive, or which may constitute a nuisance or annoyance to persons
occupying lands in the immediate vicinity of the site of a service station by reason of
dust, noise, gases, odour smoke or vibration.
B.
Be responsible for the proper, safe and orderly operation thereof and of motor vehicles
using said service station or when repaired or serviced thereat, and without restricting
the generality of the foregoing shall see:
i. that operators of motor vehicles do not obstruct the sidewalks and boulevards
abutting or adjacent to the service stations, and
ii. that operators of motor vehicles enter and leave the service station only at the
entrances and exits provided for such purposes and not elsewhere.
C.
Maintain on the boundaries of the site, where required by the Development Authority,
an appropriate fence not less than 1.5 m (5.0 ft.) in height.
7.34
SHIPPING CONTAINERS
1. The placement of a shipping container on any parcel located within the Multi-Lot Country Residential
(R1), Residential (Cluster) Conservation (R2), Victoria Residential (R3), Hamlet General (HG), Highway
Commercial (C1), Victoria Commercial (C2), Industrial (M1) and Rural Industrial (M2) Districts shall
require a development permit.
2. A maximum of two (2) shipping containers may be placed on any parcel located within the Agriculture
(AG) District without obtaining a development permit. The placement of a third or subsequent shipping
container on a parcel located within the Agriculture (AG) District shall require a development permit.
3. A shipping container may be allowed, at the discretion of the Development Authority, on any parcel
located within the Multi-Lot Country Residential (R1), Residential (Cluster) Conservation (R2), Victoria
Residential (R3) and Hamlet General (HG) Districts.
4. The maximum number of shipping containers that may be located on a parcel located within the
Agriculture (AG), Victoria Agriculture (A1), Highway Commercial (C1), Victoria Commercial (C2),
Industrial (M1) and Rural Industrial (M2) Districts is at the discretion of the Development Authority.
5. The location of shipping container placement on any property is at the discretion of the Development
Authority.
6. The maximum length for shipping containers located within the Multi-Lot Country Residential (R1),
Residential (Cluster) Conservation (R2), Victoria Residential (R3) and Hamlet General (HG), Highway
Commercial (C1) and Victoria Commercial (C2) Districts shall be twenty feet (20.0'). The maximum
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length for shipping containers located within the Agricultural General (AG), Industrial (M1) and Rural
Industrial (M2) Districts shall be at the discretion of the Development Authority.
7. If a temporary development permit for a shipping container has been approved by the Development
Authority, then the shipping container may be placed on a site for a period of six (6) months. After that
period has expired the developer will be required to apply to the County for an extension for the permit.
Extensions may be issued for up to six (6) month intervals at the discretion of the Development
Authority.
8. The exterior finish of a shipping container sited on a parcel located within the Multi-Lot Country
Residential (R1), Residential (Cluster) Conservation (R2), Victoria Residential (R3), Hamlet General
(HG), Highway Commercial (C1) and Victoria Commercial (C2) Districts must be complimentary with
the finish of the primary building. The finish shall be made to consistent with the finish of the primary
building within two (2) years of the placement of the shipping container.
9. No human or animal habitation will be permitted within a shipping container.
10. Shipping containers cannot be used as a dwelling, bunk house or a guest house within the County.
11. The maximum height for a shipping container allowed on a parcel is 3.0 m (10.0 ft.). Stacking of
shipping containers which are used as building material may be permitted, at the desecration of the
Development Authority.
7.35
SURVEILLANCE SUITES
1.
The issuance of a development permit for a surveillance suite, as defined in this Bylaw, shall be in
accordance with the following criteria and regulations:
A.
A development permit for a surveillance suite will only be issued if the surveillance
suite is clearly compatible with and subordinate to the main use of the subject
parcel. Moreover, in the opinion of the Development Authority, the placement of a
surveillance suite shall be compatible with all existing, main development/land uses on
adjacent properties and shall not interfere with future main development/land uses of
adjacent properties.
B.
Where a surveillance suite is allowed in accordance with this Bylaw, the Development
Authority may issue a development permit for one surveillance suite per associated
development or parcel.
C.
Detached surveillance suites shall be sited in accordance with siting regulations
specified in the land use district within which the subject parcel is located or in
accordance with the following requirements, whichever are more stringent:
i. a minimum of 1.8 m (6.0 ft.) from any buildings; and
ii. a minimum of 1.8 m (6.0 ft.) from the rear and side property lines; and
iii. no closer than the front line of main building.
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D.
The maximum floor area of any non-basement surveillance suite, as defined in this
Bylaw, shall be 46.5 sq. m (500.0 sq. ft.).
E.
The quality of exterior treatment and design of any surveillance suite shall be to the
satisfaction of the Development Authority, who shall ensure that the design, character
and appearance of any surveillance suite is compatible with the development(s)/use(s)
with which the suite is associated as well as all development(s)/use(s) on adjacent
properties.
7.36
VEHICLE WASHING ESTABLISHMENTS
1.
A person applying to develop a site as a car washing establishment where allowed under this
bylaw shall comply with the following provisions of this section.
2.
Site Location
In addition to those locations permitted in this Schedule, a car washing establishment may be
allowed as a discretionary use as part of a shopping center if the Development Officer is satisfied
that it will not adversely affect an adjoining and use or the function of the shopping centre in
relation to traffic circulation.
3.
Site Area
The minimum site area shall be 557.4 sq. m (6,000.0 sq. ft.) and shall contain storage space for 10
vehicles prior to their entry into any part of the cleaning process for which they are bound. In the
case of service stations including car washes, minimum site area shall be 111.5 sq. m. (1,200.0 sq.
ft).
4.
Site and Building Requirements
All site and building requirements shall be to the satisfaction of the Development Officer.
7.37
WORKCAMPS
1.
All workcamps shall be considered temporary developments.
2.
All workcamps require a development permit and the Development Authority shall give due regard
to the need, location and type of camp, prior to rendering its decision.
3.
No development permit for a workcamp shall be approved unless:
A.
it is for a temporary period of time as specified by the Development Authority;
B.
all required access provisions are provided to the satisfaction of the Development
Authority at the sole cost to the developer;
C.
the developer provides undertakings and guarantees acceptable to the Development
Authority, that the workcamp will be removed and the subject site returned to its state
before the workcamp was developed after the workcamp is removed; and
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D.
it is an accessory development to an approved industrial or commercial development
for construction employees and located on the site of that industrial or commercial
development.
4.
The Development Authority may establish whatever conditions for the approval of a work camp or
a temporary work camp that it, at its sole discretion, deems reasonable to ensure that the
workcamp will be a temporary development.
5.
The Development Authority may, at its sole discretion, establish any conditions of approval for a
workcamp to ensure that the site of the development will be restored to its previous situation after
the development ceases operations.
6.
Workcamps shall not be allowed in close proximity to residential developments, determined at the
sole discretion of the Development Authority.
7.
All parking must be provided on the lot and areas for parking developed to the satisfaction of the
Development Authority.
8.
All points of access and egress shall be located to the satisfaction of the Development Authority.
9.
Maximum parcel coverage shall be such that space is available for all the parking on the lot,
together with the applicable setback and such area as required for landscaping as determined by
the Development Authority.
10.
Adjacent buildings in workcamps shall be located sufficient distance from each other as required
for fire protection purposes as determined by the Alberta Safety Codes Act and by the
Development Authority.
11.
Screening and fencing of storage areas shall be to the satisfaction of the Development Authority.
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8
LAND USE DISTRICTS
8.1
ESTABLISHMENT OF DISTRICTS AND LAND USE DISTRICT MAP
1.
For the purpose of this bylaw, the Smoky Lake County is divided into the following districts:
Short Form
District Designation
AG
Agriculture
A1
Victoria Agriculture
R1
Multi-Lot Country Residential
R2
Residential (Cluster) Conservation
R3
Victoria Residential
HG
Hamlet General
C1
Highway Commercial
C2
Victoria Commercial
M1
Industrial
M2
Rural Industrial
P
Community & Institutional
DC
Direct Control
DC1
Direct Control Landfill
2.
The boundaries of the districts listed in this section are as delineated on the Land Use District Map
located in Section 11 of this Bylaw.
3.
Where uncertainty exists as to the boundaries of districts as shown on the Land Use District Map,
the following rules shall apply:
A.
Rule 1: Where a boundary is shown as following a street, lane or stream, it shall be
deemed to follow the centreline thereof.
B.
Rule 2: Where a boundary is shown as approximately following a lot line, it shall be
deemed to follow the lot line.
C.
Rule 3: In circumstances not covered in Rules 1 and 2, the location of the district
boundary shall be determined by:
i. Where dimensions are set out on the Land Use District Map, the dimensions so
set; or
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ii. Where dimensions are set out in the Land Use District with respect to such
boundary, measurement of and use of the scale shown on the Land Use District
Map.
4.
If the foregoing rules cannot resolve a question regarding the exact location of a district boundary,
Council shall determine the location to the degree of detail as circumstances require.
5.
When Council has fixed a district boundary pursuant to subsection 8.1(4), the location of that
boundary shall not be altered except by an amendment to this bylaw.
6.
Council shall maintain a list of its decisions with respect to district boundaries.
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AG
8.2
AGRICULTURE (AG) DISTRICT
1.
Purpose
The general purpose of this District is to allow a range of activities associated with working landscapes
including agricultural uses and resource extraction uses that support the rural economy, rural lifestyle and
discourage the fragmentation of the County's land base.
2.
Permitted Uses
A. Art, Craft and Photographic Studios
B. Agricultural Support Service
C. Basement Suite
D. Bed and Breakfast Establishment
E. Buildings and Uses Accessory to Permitted Uses
F. Community Hall
G. Day Home
H. Dwelling, Single Detached
I.
Dwelling, single detached, tiny
J. Extensive Agriculture
K. Garage Suite
L. Garden Suite
M. Guest House
N. Home Occupation, Major
O. Home Occupation, Minor
P. In-law Suite
Q. Manufactured Home
R. Modular Home
S. Natural Area
T. Public Utility
U. Secondary Suite
V. Shipping Container
3.
Discretionary Uses
A. Alternative Energy, Commercial; and
B. Alternative Energy, Personal.
C. Animal Breeding and/or Boarding Facility
D. Animal Clinic
E. Animal Hospital
F. Animal Hospital, Large
G. Boarding Facility
H. Buildings and Uses Accessory to Discretionary Uses
I.
Campground, minor
J. Campground, intermediate
K. Campground, major
L. Cemetery
M. Child Care Facility
N. Day Care Facility
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AG
O. Duplex (Vertical and Side-by-Side)
P. Family Care Facility
Q. Intensive Agriculture
R. Kennel
S. Natural Resource Extraction Industry
T. Place of Worship
U. Public and Quasi-Public Building and Use
V. Public Utility
W. Recreational Use
X. Recreational vehicle park
Y. Relocated Building
Z. Secondary Commercial
AA. Sign
BB. Surveillance Suite
CC. Transfer Station
DD. Utility Building
EE. Workcamp, Short-Term
FF. Other Uses which, in the opinion of the Development Authority, are similar to the above
mentioned Permitted and Discretionary Uses
4.
Subdivision Regulations
A maximum of five (5) parcels per quarter section may be subdivided for agricultural, or residential
uses including the subdivision of fragments. The following chart presents information by use type
regarding the maximum number of parcels allowed per quarter section.
Maximum Parcel Density
Per Quarter Section By
Use Type
Minimum Parcel Size
Maximum Parcel Size
Agricultural Use
2 parcels per quarter section
Normally 32.0 ha (80.0 ac.)
however a single 16.0 ha
(40.0 ac.) parcel may be
subdivided if the proposed
parcel conforms to 4(A)(ii)
At the Discretion of the
Subdivision Authority
Residential Use
4 parcels per quarter section
0.8 ha (2.0 ac.)
8.0 ha (20.0 ac.)
Commercial Use
At the Discretion of the
Subdivision Authority
At the Discretion of the
Subdivision Authority
At the Discretion of the
Subdivision Authority
Community/
Institutional Use
At the Discretion of the
Subdivision Authority
At the Discretion of the
Subdivision Authority
At the Discretion of the
Subdivision Authority
Industrial Use
At the Discretion of the
Subdivision Authority
At the Discretion of the
Subdivision Authority
At the Discretion of the
Subdivision Authority
A.
Lot Area - Agricultural Use
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AG
i.
The minimum parcel size for extensive agricultural uses shall normally be 32.0
ha (80.0 ac.) less any approved subdivisions.
ii.
Notwithstanding (A)(i) above, the subdivision of a single 16.0 ha (40.0 ac.) parcel
for agricultural use may by permitted out of an un-subdivided quarter section if
the following criteria are met to the satisfaction of the County:
a.
Legal and year round physical access to the proposed parcel and the
remainder are developed to County standards;
b.
The proposed use of the parcel will not adversely impact adjacent
agricultural uses;
c.
The parcel is should normally be located:
I.
adjacent to or near quarter section boundaries;
II.
in close proximity to existing residential parcels or farmsteads
on adjacent quarter sections;
III.
along a designated rural residential collector road;
d.
The applicant demonstrates that the parcel can be serviced on-site as
per provincial regulations;
e.
If the parcel is to be used for an intensive agricultural operation or a
value added agricultural industry1, the use and size of the parcel is
supported by a business plan that may include:
I.
a financial plan to the satisfaction of the County;
II.
a detailed site plan of the proposed operation including the
required land area, expansion possibilities and possible effects
on adjacent landowners, uses and municipal infrastructure;
III.
information regarding potential traffic generation which may
include a Traffic Impact Assessment;
IV.
potential nuisance factors and any mitigation measures
necessary to reduce nuisance factors; and
V.
where necessary, a detailed site assessment which indicates the
location, character and parcel coverage percentages of the
1 Value added industry in this context means: an industry which economically adds value to a product by changing it
from its current state to a more valuable state.
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environmentally sensitive areas and/or heritage features on the site.
B.
Lot Area - Residential Use
i.
Normally, a maximum of 8.0 ha (20.0 ac.) per quarter section will be allowed for
residential subdivisions.
ii.
Normally, the minimum lot area allowed for vacant residential parcels or for
farmstead separations will be 0.8 ha (2.0 ac.) and the maximum lot area will be
8.0 ha (20.0 ac.).
C.
Lot Area - Other Uses
The minimum parcel size for other uses shall be as provided for elsewhere in this Bylaw, in the
County's Municipal Development Plan, in any relevant Area Structure Plan, or as required by the
Subdivision Authority.
5.
Development Regulations
A.
Minimum Yard Dimensions
It should be noted that adjacent to Provincial Highways, Alberta Transportation may require greater
setbacks for development. Contact Alberta Transportation regarding their requirements in this
regard.
i.
Minimum Front Yards
From Municipal Road
Allowances
23.1 m (92.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as
required by Alberta Transportation
Internal Subdivision
Road
7.6 m (25.0 ft.) from the property line
ii.
Minimum Side Yards
From Municipal Road
Allowances
18.3 m (60.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as
required by Alberta Transportation
Internal Subdivision
Road
7.6 m (25.0 ft.) from the property line
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Adjacent to Another
Parcel
18.3 m (60.0 ft.) from the property line
iii.
Minimum Rear Yards
From Municipal Road
Allowances
18.3 m (60.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as
required by Alberta Transportation
Internal Subdivision
Road
7.6 m (25.0 ft.) from the property line
Adjacent to Another
Parcel
18.3 m (60.0 ft.) from the property line
iv.
Notwithstanding subsections (A), (B), and (C) above, where there is an
intersection or sharp curve, the minimum yard requirements shown on Figures
20 and 21 of this Bylaw shall apply.
B.
Minimum Floor Area
i.
Single detached dwellings - 69.7 sq. m (750.0 sq. ft.)
ii.
Manufactured and modular home units - 65.0 sq. m (700.0 sq. ft.)
iii.
All others uses at the discretion of the Development Authority
C.
Maximum Site Coverage - 45%
Of the 45% site coverage, a maximum of 15% of the total site may be covered by accessory
buildings
D.
Maximum Height
i.
11.0 m (36.1 ft.)
ii.
In the case of buildings which are accessory to extensive agriculture and for
discretionary uses, the maximum height shall be at the discretion of the
Development Authority.
6.
Other Regulations
A.
Residential parcels in the Agriculture District will not be allowed:
i.
within required setbacks from a sewage treatment plant or lagoon or solid waste
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disposal site as specified by the appropriate guidelines or authority;
ii.
within required setbacks from sour gas wells, pipelines and ancillary facilities;
iii.
within an area likely to be subject to high levels of noise or emissions from
industry, transportation facilities, or other sources; or
iv.
within a 1 in 100 year flood plain.
B.
A development permit for a dwelling shall be issued only on condition that approval of the
proposed sewage disposal system is received in accordance with provincial regulations.
C.
Development proposals adjacent to a primary highway shall comply with any relevant
provincial regulations.
D.
Fences shall be developed in accordance with Section 7.7 of this Bylaw.
E.
Landscaping shall be provided in accordance with Section 6.11 of this Bylaw.
G.
Shipping containers shall be developed in accordance with Section 7.31 of this Bylaw
H.
Accessory buildings shall be developed in accordance with Section 6.1 of this Bylaw.
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8.3
VICTORIA AGRICULTURE (A1) DISTRICT
1.
Purpose
The general purpose of this District is to recognize the historic value of the area near the Victoria Trail within
the County. Subdivision and development proposals within this use area must be compatible with and/or
increase the historic value of the Victoria Trail.
2.
Permitted Uses
A. Art, Craft and Photography Studios
B. Basement Suite
C. Bed and Breakfast Establishment
D. Buildings and Uses Accessory to Permitted Uses
E. Community Hall
F. Day Home
G. Dwelling, Single Detached
H. Dwelling, single detached, tiny
I.
Extensive Agriculture
J. Garage Suite
K. Garden Suite
L. Guest House
M. Home Occupation, Major
N. Home Occupation, Minor
O. In-law Suite
P. Manufactured Home
Q. Modular Home
R. Natural Area
S. Public Utility
T. Secondary Suite
U. Shipping Container
3.
Discretionary Uses
A. Alternative Energy, Personal.
B. Agricultural Support Services
C. Animal Breeding and/or Boarding Facility
D. Animal Clinic
E. Animal Hospital
F. Animal Hospital, Large
G. Boarding Facility
H. Buildings and Uses Accessory to Discretionary Uses
I.
Campground, minor
J. Campground, intermediate
K. Campground, major
L. Cemetery
M. Child Care Facility
N. Day Care Facility
O. Duplex (Vertical and Side-by-Side)
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P. Family Care Facility
Q. Intensive Agriculture
R. Kennel
S. Natural Resource Extraction Industry
T. Place of Worship
U. Public and Quasi-Public Building and Uses
V. Public Utility
W. Recreational Uses
X. Recreational vehicle park
Y. Relocated Building
Z. Secondary Commercial
AA. Sign
BB. Surveillance Suite
CC. Transfer Station
DD. Utility building
EE. Other Uses which, in the opinion of the Development Authority, are similar to the above
mentioned Permitted and Discretionary Uses
4.
Subdivision Regulations
A.
General
i.
All residential subdivisions in environmentally sensitive areas and significant
cultural landscapes, including but not limited to the Victoria District, must be
designed to retain historically significant patterns of spatial organization and
significant environmental features.
ii.
The County considers river lots to be historically significant patterns of spatial
organization. Therefore multi-lot country residential subdivisions within existing
river lots must be designed in such a manner that the original river lot pattern is
retained.
iii.
The County will normally require that new developments in areas identified as
containing significant cultural landscapes preserve a minimum of 50% of the
existing vegetation on each site.
iv.
New developments within the Victoria Agriculture District should also be required
to maintain, as much as possible, the current land form and to be sited in such as
manner as to ensure that the current viewscapes of the area from the Trail are
maintained within the nationally recognized Victoria Trail Heritage Site.
B.
A maximum of four (4) parcels per quarter section may be subdivided for agricultural or
residential uses including the subdivision of fragments. The following chart presents
information by use type regarding the maximum number of parcels allowed per quarter
section.
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Maximum Parcel Density
Per Quarter Section By
Use Type
Minimum Parcel Size
Maximum Parcel Size
Agricultural Use
2 parcels per quarter
section
Normally 32.0 ha (80.0 ac.)
however a single 16.0 ha
(40.0 ac.) parcel may be
subdivided if the proposed
parcel conforms to 4(A)(ii)
At the Discretion of the
Subdivision Authority
Residential Use
3 parcels per quarter
section
0.8 ha (2.0 ac.)
8.0 ha (20.0 ac.)
Commercial Use
At the Discretion of the
Subdivision Authority
At the Discretion of the
Subdivision Authority
At the Discretion of the
Subdivision Authority
Community/
Institutional Use
At the Discretion of the
Subdivision Authority
At the Discretion of the
Subdivision Authority
At the Discretion of the
Subdivision Authority
Industrial Use
At the Discretion of the
Subdivision Authority
At the Discretion of the
Subdivision Authority
At the Discretion of the
Subdivision Authority
C.
Lot Area - Agricultural Use
i.
The minimum parcel size for extensive agricultural uses shall normally be 32.0
ha (80.0 ac.) less any approved subdivisions.
ii.
Notwithstanding (C)(i) above, the subdivision of a single 16.0 ha (40.0 ac.) parcel
for agricultural use may by permitted out of an un-subdivided quarter section or
river lot if the following criteria are met to the satisfaction of the County:
a.
Legal and year round physical access to the proposed parcel and the
remainder are developed to County standards;
b.
The proposed use of the parcel will not adversely impact adjacent
agricultural uses;
c.
The parcel should normally be located:
I.
adjacent to or near quarter section boundaries;
II.
in close proximity to existing residential parcels or farmsteads
on adjacent quarter sections;
III.
along a designated rural residential collector road;
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d.
The applicant demonstrates that the parcel can be serviced on-site as
per provincial regulations;
e.
If the parcel is to be used for an intensive agricultural operation or a
value added agricultural industry2, the use and size of the parcel is
supported by a business plan that may include:
I.
a financial plan to the satisfaction of the County;
II.
a detailed site plan of the proposed operation including the
required land area, expansion possibilities and possible effects
on adjacent landowners, uses and municipal infrastructure;
III.
information regarding potential traffic generation which may
include a Traffic Impact Assessment;
IV.
potential nuisance factors and any mitigation measures
necessary to reduce nuisance factors; and
V.
where necessary, a detailed site assessment which indicates
the location, character and parcel coverage percentages of the
environmentally sensitive areas and/or heritage features on the
site.
D.
Lot Area - Residential Use
i.
Normally, a maximum of 8.0 ha (20.0 ac.) per quarter section will be allowed for
residential subdivisions.
ii.
Normally, the minimum lot area allowed for vacant residential parcels or for
farmstead separations will be 0.8 (2.0 ac.) and the maximum lot area will be 8.0
ha (20.0 ac.).
E.
Lot Area - Other Uses
The minimum parcel size for other uses shall be as provided for elsewhere in this Bylaw, in the
County's Municipal Development Plan, in any relevant Area Structure Plan, or as required by the
Subdivision Authority.
2 Value added industry in this context means: an industry which economically adds value to a product by
changing it from its current state to a more valuable state.
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5.
Development Regulations
A.
Minimum Yard Dimensions
It should be noted that adjacent to Provincial Highways, Alberta Transportation may require greater
setbacks for development. Contact Alberta Transportation regarding their requirements in this
regard.
i.
Minimum Front Yards
From Municipal Road
Allowances
23.1 m (92.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as
required by Alberta Transportation
Internal Subdivision
Road
7.6 m (25.0 ft.) from the property line
ii.
Minimum Side Yards
From Municipal Road
Allowances
18.3 m (60.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as
required by Alberta Transportation
Internal Subdivision
Road
7.6 m (25.0 ft.) from the property line
Adjacent to Another
Parcel
18.3 m (60.0 ft.) from the property line
iii.
Minimum Rear Yards
From Municipal Road
Allowances
18.3 m (60.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as
required by Alberta Transportation
Internal Subdivision
Road
7.6 m (25.0 ft.) from the property line
Adjacent to Another
Parcel
18.3 m (60.0 ft.) from the property line
iv.
Notwithstanding subsections (i), (ii), and (iii) above, where there is an
intersection or sharp curve, the minimum yard requirements shown on Figures
20 and 21 of this Bylaw shall apply.
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B.
Minimum Floor Area
i.
Single detached dwellings - 69.7 sq. m (750.0 sq. ft.)
ii.
Manufactured and modular home units - 65.0 sq. m (700.0 sq. ft.)
iii. All others uses at the discretion of the Development Authority
C.
Maximum Site Coverage - 45%
Of the 45% site coverage a maximum of 15% of the total site may be covered by
accessory buildings.
D.
Maximum Height
i.
11.0 m (36.1 ft.)
ii.
In the case of buildings which are accessory to extensive agriculture and for
discretionary uses, the maximum height shall be at the discretion of the
Development Authority.
6.
Other Regulations
A.
Residential parcels in the Victoria Agriculture District will not be allowed:
i.
within required setbacks from a sewage treatment plant or lagoon or solid waste
disposal site as specified by the appropriate guidelines or authority;
ii.
within required setbacks from sour gas wells, pipelines and ancillary facilities;
iii.
within an area likely to be subject to high levels of noise or emissions from
industry, transportation facilities, or other sources; or
iv.
within a 1 in 100 year flood plain.
B.
A development permit for a dwelling shall be issued only on condition that approval of the
proposed sewage disposal system is received in accordance with provincial regulations.
C.
Development proposals adjacent to a primary highway shall comply with any relevant
provincial regulations.
D.
Fences shall be developed in accordance with Section 7.7 of this Bylaw.
E.
Landscaping shall be provided in accordance with Section 6.11 of this Bylaw.
G.
Shipping containers shall be developed in accordance with Section 7.31 of this Bylaw
H.
Accessory buildings shall be developed in accordance with Section 6.1 of this Bylaw.
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8.4
MULTI-LOT COUNTRY RESIDENTIAL (R1) DISTRICT
1.
Purpose
The general purpose of this District is to provide opportunities for the development of a variety of
multi-lot country residential subdivisions and bareland condominiums.
2.
Permitted Uses
A. Accessory Buildings and Uses
B. Basement Suite
C. Buildings and Uses Accessory to Permitted Uses
D. Cottage
E. Day Home
F. Dwelling - Single Detached
G. Dwelling, single detached, tiny
H. Extensive Agriculture
I.
Home Occupation, Minor
J. Home Occupation, Major
K. Secondary Suite
3.
Discretionary Uses
A. Alternative Energy, Personal.
B. Bed & Breakfast Establishments
C. Buildings and Uses Accessory to Discretionary Uses
D. Day Care Facility
E. Duplexes (Side-By-Side and Vertical)
F. Family Care Facility
G. Garage Suite
H. Garden Suite
I.
Group Care Facility
J. Guest House
K. In law Suite
L. Manufactured Home
M. Modular Home
N. Multi-Unit Dwelling
O. Natural Area
P. Neighbourhood Convenience Store
Q. Neighbourhood Park
R. Places of Worship
S. Public Park
T. Public and Quasi-Public Services
U. Public Utilities
V. Recreational Buildings and use
W. Shipping Container
X. Other Uses which, in the opinion of the Development Authority, are similar to the above
mentioned Permitted and Discretionary Uses
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4.
Subdivision Regulations
A.
Minimum & Maximum Lot Area for Residential Uses
Unless otherwise stated in an approved Development Concept Plan or Area Structure Plan the
minimum and maximum lot dimensions for residential uses shall be as follows:
Minimum Lot Area
Maximum Lot Area
Within 304.8 m (1,000
ft.) of a lake
1860.0 sq. m (20,000.0 sq. ft.)
1.21 ha (3.0 ac.)
All other parcels
(excluding
fragments)
0.4 ha (1.0 ac.)
1.21 ha (3.0 ac.)
Fragmented parcels
0.4 ha (1.0 ac.)
At the Discretion of the
Subdivision Authority
B.
Minimum & Maximum Lot Dimensions for Other Uses - As required by the Subdivision
Authority
C.
Minimum Frontage Requirement - 30.5 m (100.0 ft) or as required by the Development
and Subdivision Authority
5.
Development Regulations
A.
Minimum Ground Floor Area for Residential Uses
Unless otherwise stated in an approved Development Concept Plan or Area Structure Plan the
minimum ground floor area for residential developments shall be as follows:
Minimum Ground Floor Area
Within 304.8 m (1000
ft.) of a lake
55.7 sq. m (600.0 sq. ft.)
All other parcels -
for single detached
dwellings
69.7 sq. m (750.0 sq. ft.)
All other parcels -
for manufactured
and modular home
units
65.0 sq. m (700.0 sq. ft.)
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B.
Minimum Floor Area for Other Uses - At the discretion of the Development Authority.
C.
Minimum Yard Setback Requirements
It should be noted that adjacent to Provincial Highways, Alberta Transportation may require greater
setbacks for development. Contact Alberta Transportation regarding their requirements in this
regard.
i.
Minimum Front Yard Setback
From Municipal Road
Allowances
23.1 m (92.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as required
by Alberta Transportation
Internal Subdivision
Road
7.6 m (25.0 ft.) from the property line
ii.
Minimum Side Yard Setback
From municipal road
allowances
18.3 m (60.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as required
by Alberta Transportation
When adjacent to an
Internal subdivision road
7.6 m (25.0 ft.) from the property line
When adjacent to
another Parcel
1.5 m (5.0 ft.) from the property line
iii.
Minimum Rear Yard Setback
From Municipal Road
Allowances
18.3 m (60.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as required
by Alberta Transportation
When adjacent to an
internal subdivision road
7.6 m (25.0 ft.) from the property line
When adjacent to
another parcel
7.6 m (25.0 ft.) from the property line
iv.
Notwithstanding subsections (i), (ii), and (iii) above, where there is an intersection
or sharp curve, the minimum yard requirements shown on Figures 20 and 21 of this
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Bylaw shall apply.
v.
Notwithstanding any other provision in subsection (C), within the Hillside Acres
subdivision, located within SW 9-62-13-W4 on the following lots:
Figure 24: side and Rear Yard Setbacks in
Hillside Acres
Lot 1, Blk 1 Plan
0120707
Lot 44, Blk 1, Plan
0421556
Lot 45, Blk 1, Plan
0421556
Lot 46, Blk 1, Plan
0421556
Lot 47, Blk 1, Plan
0421556
Lot 48, Blk 1, Plan
0421556
Lot 49, Blk 1, Plan
0421556
Lot 50, Blk 1, Plan
0421556
Lot 51, Blk 1, Plan
0421556
Lot 52, Blk 1, Plan
0421556
Lot 53, Blk 1, Plan
0421556
Lot 54, Blk 1, Plan
0421556
Lot 1, Blk 1,
0222047
the following front and rear yard setbacks shall apply:
From Municipal Road
Allowances
7.6 m (25.0 ft.) from the property line
Internal Subdivision
Road
7.6 m (25.0 ft.) from the property line
D.
Maximum Site Coverage - 45%.
Of the 45% site coverage, a maximum of 15% of the total site may be covered by
accessory buildings.
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E.
Maximum Height
i.
10.0 m (33.0 ft.)
ii.
In the case of buildings which are accessory to discretionary uses, the maximum
height shall be at the discretion of the Development Authority.
6.
Other Regulations
A.
Residential parcels will not be allowed:
i.
within required setbacks from a sewage treatment plant or lagoon or solid waste
disposal site as specified by the appropriate guidelines or authority;
ii.
within required setbacks from sour gas wells, pipelines and ancillary facilities;
iii.
within an area likely to be subject to high levels of noise or emissions from
industry, transportation facilities, or other sources; or
iv.
within a 1 in 100 year flood plain;
B.
A development permit for a dwelling shall be issued only on condition that approval of the
proposed sewage disposal system is received in accordance with provincial regulations.
C.
Development proposals adjacent to a primary highway shall comply with any relevant
provincial regulations.
D.
Fences shall be developed in accordance with Section 7.7 of this Bylaw.
E.
Landscaping shall be provided in accordance with Section 6.11 of this Bylaw.
G.
Shipping containers shall be developed in accordance with Section 7.31 of this Bylaw
H.
Accessory buildings shall be developed in accordance with Section 6.1 of this Bylaw.
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8.5
RESIDENTIAL (CLUSTER) CONSERVATION (R2) DISTRICT
1.
Purpose
The general purpose of this District is to regulate the development of low-impact multi-lot
residential subdivision and development or bareland condominiums in environmentally appropriate
locations. Two styles of residential subdivision and development are permitted in this District. They
are: low density multi-lot residential developments and residential (cluster) conservation
developments.
2.
Permitted Uses
A. Accessory Buildings and Uses
B. Basement Suite
C. Buildings and Uses Accessory to Permitted Uses
D. Cottage
E. Day Home
F. Dwelling - Single Detached
G. Dwelling, single detached, tiny
H. Extensive Agriculture
I.
Home Occupation, Minor
J. Home Occupation, Major
K. Secondary Suite
3.
Discretionary Uses
A. Alternative Energy, Personal.
B. Apartment
C. Bed & Breakfast Establishments
D. Buildings and Uses Accessory to Discretionary Uses
E. Day Care Facility
F. Duplexes (Side-By-Side and Vertical)
G. Family Care Facility
H. Garage Suite
I.
Garden Suite
J. Group Care Facility
K. Guest House
L. In law Suite
M. Manufactured Home
N. Modular Home
O. Multi-Unit Dwelling
P. Natural Area
Q. Neighbourhood Convenience Store
R. Neighbourhood Park
S. Places of Worship
T. Public Park
U. Public and Quasi-Public Services
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V. Public Utilities
W. Shipping Container
X. Other Uses which, in the opinion of the Development Authority, are similar to the above
mentioned Permitted and Discretionary Uses
4.
Subdivision Regulations
A.
Minimum & Maximum Lot Area for Residential Uses
Unless otherwise stated in an approved Development Concept Plan or Area Structure Plan the
minimum and maximum lot dimensions for residential uses shall be as follows:
Maximum Density
Minimum Lot Area
Maximum Lot Area
Single Detached
Residential
1.54 dwellings per net
ha (0.6 dwellings per
net ac)
0.303 ha (0.75 ac.)
4.04 ha (10.0 ac.)
Single Detached
Cluster
Residential
Development
2.47 dwellings per net
ha (1.0 dwelling per
net ac.)
At the discretion of the
Subdivision Authority
0.2 ha (0.5 ac.)
For Other Uses
At the discretion of the
Subdivision Authority
At the discretion of the
Subdivision Authority
At the discretion of the
Subdivision Authority
B.
Minimum Frontage Requirement - 30.5 m (100.0 ft.) or as required by the Development
and Subdivision Authority.
5.
Development Regulations
A.
Minimum Ground Floor Area for Residential Uses
Unless otherwise stated in an approved Development Concept Plan or Area Structure
Plan the minimum ground floor area for residential developments shall be as follows:
Minimum Ground Floor Area
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Within 304.8 m
(1,000.0 ft.) of a lake
55.7 sq. m (600.0 sq. ft.)
All other parcels -
for single detached
dwellings
69.7 sq. m (750.0 sq. ft.)
All other parcels -
for manufactured
and modular home
units
65.0 sq. m (700.0 sq. ft.)
B.
Minimum Floor Area for Other Uses - At the discretion of the Development Authority
C.
Minimum Yard Dimensions
It should be noted that adjacent to Provincial Highways, Alberta Transportation may require greater
setbacks for development. Contact Alberta Transportation regarding their requirements in this
regard.
i.
Minimum Front Yards
From Municipal Road
Allowances
23.1 m (92.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as required
by Alberta Transportation
Internal Subdivision
Road
7.6 (25.0 ft.) from the property line
ii.
Minimum Side Yards
From Municipal Road
Allowances
18.3 m (60.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as required
by Alberta Transportation
When adjacent to an
Internal subdivision road
7.6 m (25.0 ft.) from the property line
When adjacent to
another Parcel
1.5 m (5.0 ft.)from the property line
iii.
Minimum Rear Yards
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From Municipal Road
Allowances
18.3 m (60.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as required
by Alberta Transportation
When adjacent to an
internal subdivision road
7.6 m (25.0 ft.) from the property line
When adjacent to
another parcel
7.6 m (25.0 ft.) from the property line
iv.
Notwithstanding subsections (i), (ii), and (iii) above, where there is an
intersection or sharp curve, the minimum yard requirements shown on Figures
20 and 21 of this Bylaw shall apply.
D.
Maximum Site Coverage - 45%
Of the 45% site coverage, a maximum of 15% of the total site may be covered by
accessory buildings.
E.
Maximum Height
i.
10.0 m (33.0 ft.)
ii.
In the case of buildings which are accessory to discretionary uses, the maximum
height shall be at the discretion of the Development Authority.
6.
Other Regulations
A
Residential parcels will not be allowed:
i.
within required setbacks from a sewage treatment plant or lagoon or solid waste
disposal site as specified by the appropriate guidelines or authority;
ii.
within required setbacks from sour gas wells, pipelines and ancillary facilities;
iii.
within an area likely to be subject to high levels of noise or emissions from
industry, transportation facilities, or other sources; or
iv.
within a 1 in 100 year flood plain.
B.
A development permit for a dwelling shall be issued only on condition that approval of the
proposed sewage disposal system is received in accordance with provincial regulations.
C.
Development proposals adjacent to a primary highway shall comply with any relevant
provincial regulations.
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D.
Fences shall be developed in accordance with Section 7.7 of this Bylaw.
E.
Landscaping shall be provided in accordance with Section 6.11 of this Bylaw.
F.
Grading and drainage of the site shall be provided in accordance with Section 6.11 of this
Bylaw.
G.
Accessory buildings shall be developed in accordance with Section 6.1 of this Bylaw.
H.
Private swimming pools and hot tubs shall be developed in accordance with Section 2.2
of this Bylaw.
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8.6
VICTORIA RESIDENTIAL (R3) DISTRICT
1.
Purpose
The general purpose of this district is to regulate residential development within Victoria Trail area which is a
special area within the County that includes significant cultural landscapes and environmentally significant
areas.
The Victoria Residential District may only apply to land located near or adjacent to the Victoria Trail.
2.
Permitted Uses
A. Accessory Buildings and Uses
B. Basement Suite
C. Buildings and Uses Accessory to Permitted Uses
D. Cottage
E. Day Home
F. Dwelling - Single Detached
G. Dwelling, single detached, tiny
H. Extensive Agriculture
I.
Home Occupation, Minor
J. Home Occupation, Major
K. Secondary Suite
3.
Discretionary Uses
A. Alternative Energy, Personal.
B. Apartment
C. Bed & Breakfast Establishments
D. Buildings and Uses Accessory to Discretionary Uses
E. Day Care Facility
F. Duplexes (Side-By-Side and Vertical)
G. Family Care Facility
H. Garage Suite
I.
Garden Suite
J. Group Care Facility
K. Guest House
L. In law Suite
M. Manufactured Home
N. Modular Home
O. Multi-Unit Dwelling
P. Natural Area
Q. Neighbourhood Convenience Store
R. Neighbourhood Park
S. Places of Worship
T. Public Park
U. Public and Quasi-Public Services
V. Public Utilities
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W. Shipping Container
X. Other Uses which, in the opinion of the Development Authority, are similar to the above
mentioned Permitted and Discretionary Uses
4.
Subdivision Regulations
A.
General
i.
All residential subdivisions in environmentally sensitive areas and significant
cultural landscapes, including but not limited to the Victoria District, must be
designed to retain historically significant patterns of spatial organization and
significant environmental features.
ii.
The County considers river lots to be historically significant patterns of spatial
organization. Therefore multi-lot country residential subdivisions within existing
river lots must be designed in such a manner that the original river lot pattern is
retained.
iii.
The County will normally require that new developments in areas identified as
containing significant cultural landscapes preserve a minimum of 50% of the
existing vegetation on each site.
iv.
New developments within the Victoria Residential District should will also be
required to maintain, as much as possible, the current land form and to be sited
in such as manner as to ensure that the current viewscape of the area from the
trail is not negatively impacted.
v.
Two types of residential subdivision are permitted within the Victoria Residential
District. They are: low density multi-lot residential developments and cluster
residential developments.
B.
Minimum & Maximum Lot Area for Residential Uses
Unless otherwise stated in an approved Development Concept Plan or Area Structure
Plan the minimum and maximum lot dimensions for residential uses shall be as follows:
Maximum Density
Minimum Lot Area
Maximum Lot Area
Single Detached
Residential
1.54 dwellings per net
ha (0.6 dwellings per
net ac.)
0.303 ha (0.75 ac.)
4.04 ha (10.0 ac.)
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Single Detached
Cluster
Residential
Development
2.47 dwellings per net
ha (1.0 dwelling per
net ac.)
At the discretion of the
Subdivision Authority
0.2 ha (0.5 ac.)
For Other Uses
At the discretion of the
Subdivision Authority
At the discretion of the
Subdivision Authority
At the discretion of the
Subdivision Authority
C.
Minimum Frontage Requirement - 30.5 m (100.0 ft) or as required by the Development
and Subdivision Authority
5.
Development Regulations
A.
Minimum Ground Floor Area for Residential Uses
Unless otherwise stated in an approved Development Concept Plan or Area Structure
Plan the minimum ground floor area for residential developments shall be as follows:
Minimum Ground Floor Area
Within 304.8 m
(1000.0 ft.) of a lake
55.7 sq. m (600.0 sq. ft.)
All other parcels -
for single detached
dwellings
69.7 sq. m (750.0 sq. ft.)
All other parcels -
for manufactured
and modular home
units
65.0 sq. m (700.0 sq. ft.)
B.
Minimum Floor Area for Other Uses - At the discretion of the Development Authority.
C.
Minimum Yard Dimensions
It should be noted that adjacent to Provincial Highways, Alberta Transportation may require greater
setbacks for development. Contact Alberta Transportation regarding their requirements in this
regard.
i.
Minimum Front Yards
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From Municipal Road
Allowances
23.1 m (92.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as required
by Alberta Transportation
Internal Subdivision
Road
7.6 m (25.0 ft.) from the property line
ii.
Minimum Side Yards
From Municipal Road
Allowances
18.3 m (60.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as required
by Alberta Transportation
When adjacent to an
Internal subdivision road
7.6 m (25.0 ft.) from the property line
When adjacent to
another Parcel
1.5 m (5.0 ft.)from the property line
iii.
Minimum Rear Yards
From Municipal Road
Allowances
18.3 m (60.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as required
by Alberta Transportation
When adjacent to an
internal subdivision road
7.6 m (25.0 ft.) from the property line
When adjacent to
another parcel
7.6 m (25.0 ft.) from the property line
iv.
Notwithstanding subsections (i), (ii) and (iii) above, where there is an
intersection or sharp curve, the minimum yard requirements shown on Figures
20 and 214 of this Bylaw shall apply.
D.
Maximum Site Coverage - 45%
Of the 45% site coverage, a maximum of 15% of the total site may be covered by
accessory buildings.
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E.
Maximum Height
i..
10.0 m (33.0 ft.)
ii.
In the case of buildings which are accessory to discretionary uses, the maximum
height shall be at the discretion of the Development Authority.
6.
Other Regulations
A.
Residential parcels will not be allowed:
i.
within required setbacks from a sewage treatment plant or lagoon or solid waste
disposal site as specified by the appropriate guidelines or authority;
ii.
within required setbacks from sour gas wells, pipelines and ancillary facilities;
iii.
within an area likely to be subject to high levels of noise or emissions from
industry, transportation facilities, or other sources; or
iv.
within a 1 in 100 year flood plain.
B.
A development permit for a dwelling shall be issued only on condition that approval of the
proposed sewage disposal system is received in accordance with provincial regulations.
C.
Development proposals adjacent to a primary highway shall comply with any relevant
provincial regulations.
D.
Fences shall be developed in accordance with Section 7.7 of this Bylaw.
E.
Landscaping shall be provided in accordance with Section 6.11 of this Bylaw.
F.
Grading and drainage of the site shall be provided in accordance with Section 6.11 of this
Bylaw.
G.
Accessory buildings shall be developed in accordance with Section 6.1 of this Bylaw.
H.
Private swimming pools and hot tubs shall be developed in accordance with Section 2.2 of
this Bylaw.
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8.7
HAMLET GENERAL (HG) DISTRICT
1.
Purpose
The general purpose of this district is to permit and regulate development within the Hamlets of
Bellis, Edwand, Spedden and Warspite.
2.
Permitted Uses
A.
Agricultural Support Service
B.
Automobile Repair Shop, Major
C.
Automobile Repair Shop, Minor
D.
Automobile Sales
E.
Bakery
F.
Bank
G.
Basement Suites
H.
Bed and Breakfast Establishment
I.
Buildings and Uses Accessory to Permitted Uses
J.
Business Office
K.
Child Care Facility
L.
Clinic
M.
Club or Lodge
N.
Community Hall
O.
Commercial Uses
P.
Convenience Retail Service
Q.
Day Care Facility
R.
Day Home
S.
Dwelling, Singe Detached
T.
Dwelling, single detached, tiny
U.
Drive-in Business
V.
Eating and Drinking Establishment
W. Extensive Agriculture
X.
Home Occupation, Minor
Y.
Home Occupation, Major
Z.
In-law Suite
AA. Neighbourhood Park
BB. Protective or Emergency Services
CC. Public or Quasi-Public Services
DD. Public Park
EE. Retail Store
FF. Secondary Suite
3.
Discretionary Uses
A. Alternative Energy, Personal.
B.
Amusement Establishment, Indoor
C.
Amusement Establishment, Outdoor
D.
Animal Clinic
E.
Animal Hospital
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F.
Animal Hospital, Large
G.
Apartment
H.
Auctioneering Facility
I.
Bakery, Large
J.
Bed and Breakfast Establishments
K.
Boutique Accommodation
L.
Buildings and Uses Accessory to Discretionary Uses
M.
Building Supply and Lumber Outlet
N.
Bulk Fuel Storage and Sales
O.
Day Care Facility
P.
Duplex (Side-by-side and vertical)
Q.
Campground, minor
R.
Recreational vehicle park
S.
Cannabis accessory retail sales
T.
Cannabis retail sales
U.
Car wash Establishment
V.
Cemetery
W. Drinking Establishment
X.
Drive-in Business
Y.
Dwellings within buildings in which the predominant use is one or more of the listed
permitted or discretionary uses, provided, however, that the dwellings have direct access
to the outside of the building
Z.
Entertainment Establishment
AA. Family Care Facility
BB. Garage Suite
CC. Garden Suite
DD. Group Care Facility
EE. Guest House
FF. Hotel
GG. Kennel
HH. Liquor sales/distribution Service
II.
Manufactured Home
JJ. Modular Home
KK. Motel
LL. Multi-Unit Dwelling
MM. Multi-Use Development
NN. Natural Area
OO. Neighborhood Convenience (or retail) Store
PP. Outdoor Eating Establishment
QQ. Places of Worship
RR. Private Club or Lodge
SS. Public Utilities
TT. Public Utility building
UU. Rural Commercial
VV. Servicing Establishment
WW. Shipping Container
XX. Shopping Centre
YY. Surveillance Suite
ZZ. Transfer Station
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AAA. Other Uses which, in the opinion of the Development Authority, are similar to the above
mentioned Permitted and Discretionary Uses
4.
Subdivision Regulations
A.
Minimum Lot Area for Low Density Residential Uses (Single Detached Dwellings,
Manufactured and Modular Homes)
Unless otherwise stated in an approved Development Concept Plan or Area Structure
Plan the minimum and maximum lot dimensions for residential uses shall be as follows:
B.
Minimum Site Area for Medium Density Residential Uses and High Density Residential
Uses - as required by the Subdivision Authority
C.
Minimum Site Area for all other uses - as required by the Development Authority
i.
Where shopping centres or groups of shops are to be built on a site, developers
shall provide a Development Concept Plan identifying the proposed parcel
boundaries, location(s) of building(s), access, parking and specific commercial
uses, and any other matter required by the Development Authority, to the
satisfaction of the Development Authority.
5.
Development Regulations
A.
Minimum Ground Floor Area
Minimum Lot
Frontage
Minimum Lot Area
i.
Un-serviced
30.5 m (100.0 ft.)
1858.0 sq. m (20,000 sq. ft.)
ii.
Serviced
(Municipal Sewer & Water)
15.2 m (50.0 ft.)
557.4 sq. m (6,000 sq. ft.)
iii.
Municipal Sewer Only
30. m (100.0 ft.)
929.0 sq. m (10,000 sq. ft.)
iv.
Municipal Water Only
30.5 m (100.0 ft.)
1393.5 sq. m.(15,000 sq. ft.)
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Unless otherwise stated in an approved Development Concept Plan or Area Structure Plan the
minimum ground floor area for residential and non-residential developments shall be as follows:
Minimum Ground Floor Area
i.
Single Detached
Residential
69.7 sq. m (750.0 sq. ft.)
ii.
Duplexes (side-by-side
and vertical)
55.7 sq. m (600.0 sq. ft.) for each dwelling unit
iii.
Manufactured Home
55.7 sq. m (600.0 sq. ft.)
iv.
Modular Home
65.0 sq. m (700.0 sq. ft.)
v.
All other residential uses
As required by the Development Authority
vi.
All other non-residential
uses
As required by the Development Authority
B.
Minimum Yard Requirements
i.
Minimum Yards - Single Detached Dwellings, Manufactured and Modular Homes
Minimum Yard Requirements - Single Detached Dwellings, Manufactured and Modular
Homes
Front
7.6 m (25.0 ft.)
Rear
7.6 m (25.0 ft.)
Side
10% of the lot width but not less than 1.5 m (5.0 ft.)
ii.
Minimum Yards - All other residential uses - as required by the development
authority
iii.
Notwithstanding subsections (i), and (ii) above, where there is an intersection or
sharp curve, the minimum yard requirements shown on Figures 20 and 21 of this
Bylaw shall apply.
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iv.
Minimum Yards - Commercial Uses
Minimum Yard Requirements - Commercial Uses
Front
No front yard setback is required except where the Development
Authority may deem it necessary to conform to existing
development setbacks.
Rear
Minimum 7.6 m (25.0 ft.) or as required by the Development
Authority.
Side
10% of the lot width but not less than 1.5 m (5.0 ft.)
When bounded by Commercial
Lots and a lane
No setback is required
When bounded by Commercial
Lots and no lane
4.5 m (15.0 ft.)
When adjacent to a residential
lot
1.5 m (5.0 ft.)
v.
Minimum Yard Requirements - All Other Non-Residential Uses - As required by
the Development Authority
C.
Maximum Site Coverage -
Maximum Site Coverage
i.
Residential Uses
45%
Of the 45% site coverage, a maximum of 15% of the total site
may be covered by accessory buildings.
ii.
Commercial Uses
80% provided that provisions have been made for on-site
parking, loading, storage and waste disposal to the satisfaction
of the Development Authority.
iii.
All other uses
At the discretion of the Development Authority
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D.
Maximum Height
Maximum Height
i.
Single Detached
Dwellings and Modular
Homes
Maximum 10.0 m (33.0 ft.)
ii.
Manufactured Homes
Maximum 10.0 m (33.0 ft.)
iii.
Buildings Which are
Accessory to Single
Family Dwellings,
Modular Homes and
Manufactured Homes
Maximum 10.0 m (33.0 ft.)
iv.
Uses All Other Uses
At the discretion of the Development Authority
v.
Buildings Which are
Accessory to
Discretionary
At the discretion of the Development Authority
6.
Other Regulations
A.
Residential parcels will not be allowed:
i.
within required setbacks from a sewage treatment plant or lagoon or solid waste
disposal site as specified by the appropriate guidelines or authority;
ii.
within required setbacks from sour gas wells, pipelines and ancillary facilities;
iii.
within an area likely to be subject to high levels of noise or emissions from
industry, transportation facilities, or other sources; or
iv.
within a 1 in 100 year flood plain.
B.
A development permit for a dwelling shall be issued only on condition that approval of the
proposed sewage disposal system is received in accordance with provincial regulations.
C.
Development proposals adjacent to a primary highway shall comply with any relevant
provincial regulations.
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D.
Fences shall be developed in accordance with Section 7.7 of this Bylaw.
E.
Landscaping shall be provided in accordance with Section 6.11 of this Bylaw.
F.
Grading and drainage of the site shall be provided in accordance with Section 6.11 of this
Bylaw.
G.
Accessory buildings shall be developed in accordance with Section 6.1 of this Bylaw.
H.
Motels shall be developed in accordance with Section 6.22 of this Bylaw.
I.
Vehicle Washing Establishments (carwashes) shall be developed in accordance with
Section 7.35 of this Bylaw.
J.
Places of Worship shall be developed in accordance with Section 6.29 of this Bylaw.
K.
Private Liquor Stores and Storage Facilities shall be developed in accordance with
Section 7.19 of this Bylaw.
L.
Private swimming pools and hot tubs shall be developed in accordance with Section 2.2 of
this Bylaw.
M.
Service Stations and Gas Stations shall be developed in accordance with Section 7.30 of
this Bylaw.
N.
Shipping Containers shall be developed in accordance with Section 7.31 of this Bylaw.
P.
Solar Energy Conversion Systems shall be developed in accordance with Section 7.33 of
this Bylaw.
Q.
Wind Energy Conversion Systems shall be developed in accordance with Section 2.9 of
this Bylaw.
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8.8
HIGHWAY COMMERCIAL (C1) DISTRICT
1.
Purpose
The general purpose of this District is to control development in the vicinity of Provincial Highways.
Development should be restricted to that which is generally required to serve the motoring public.
2.
Permitted Uses
A. Agricultural Support Service
B. Automobile Repair Shop, Major
C. Automobile Repair Shop Minor
D. Automobile Sales
E. Bed and Breakfast Establishment
F. Buildings and Uses Accessory to Permitted Uses
G. Community Hall
H. Convenience Retail Service
I.
Drive-in Business
J. Eating and Drinking Establishment
K. Extensive Agriculture
L. Highway Commercial Use
M. Home Occupation, Minor
N. Home Occupation, Major
O. Natural Area
P. Protective or Emergency Services
Q. Public or Quasi-Public Services
R. Public Park
3.
Discretionary Uses
A. Alternative Energy, Personal.
B. Amusement Establishment, Indoor
C. Amusement Establishment, Outdoor
D. Auctioneering Facility
E. Campground, minor
F. Campground, intermediate
G. Campground, major
H. Boutique Accommodation
I.
Buildings and Uses Accessory to Discretionary Uses
J. Bulk Fuel Storage and Sales
K. Cannabis accessory retail sales
L. Cannabis retail sales
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M. Car wash Establishment
N. Cemetery
O. Commercial Use
P. Dwelling, Single Detached
Q. Dwelling, single detached, tiny
R. Duplexes (Vertical and Side-By-Side)
S. Highway Commercial
T. Hotel
U. Kennel
V. Liquor Sales/Distribution Service
W. Manufactured Home
X. Modular Home
Y. Motel
Z. Natural Resource Extraction
AA. Outdoor Eating Establishment
BB. Places of worship
CC. Public Utilities
DD. Recreational vehicle park
EE. Rural Commercial
FF. Rural Industries
GG. Secondary Suite
HH. Shipping Container
II. Surveillance Suite
JJ. Transfer Station
KK. Workcamp
LL. Workcamp, Short Term
MM. Other Uses which, in the opinion of the Development Authority, are similar to the above
mentioned Permitted and Discretionary Uses
4.
Subdivision Regulations
A.
Minimum Lot Area - As determined by the Subdivision Authority
5.
Development Regulations
A.
Minimum Yard Setback Requirements
It should be noted that adjacent to Provincial Highways, Alberta Transportation may require greater
setbacks for development. Contact Alberta Transportation regarding their requirements in this
regard.
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i.
Minimum Front Yards
From Municipal Road
Allowances
23.1 m (92.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as required by
Alberta Transportation
Internal Subdivision
Roads
7.6 m (25.0 ft.) from the property line
ii.
Minimum Side Yards
From Municipal Road
Allowances
18.3 m (60.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as required by
Alberta Transportation
When adjacent to an
Internal subdivision road
7.6 m (25.0 ft.) from the property line
When adjacent to
Another Parcel
7.6 m (25.0 ft.) from the property line
iii.
Minimum Rear Yards
From Municipal Road
Allowances
18.3 m (60.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as required by
Alberta Transportation
When adjacent to an
internal subdivision road
7.6 m (25.0 ft.) from the property line
When adjacent to
another parcel
7.6 m (25.0 ft.) from the property line
iv.
Notwithstanding subsections (i), (ii), and (iii) above, where there is an
intersection or sharp curve, the minimum yard requirements shown on Figures
20 and 21 of this Bylaw shall apply.
6.
Other Regulations
A.
Development proposals adjacent to a primary highway shall comply with any relevant
provincial regulations.
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B.
Fences shall be developed in accordance with Section 7.7 of this Bylaw.
C.
Landscaping shall be provided in accordance with Section 6.11 of this Bylaw.
D.
Grading and drainage of the site shall be provided in accordance with Section 6.11 of this
Bylaw.
E.
Accessory buildings shall be developed in accordance with Section 6.1 of this Bylaw.
F.
Motels shall be developed in accordance with Section 7.4 of this Bylaw.
G.
Vehicle Washing Establishments (carwashes) shall be developed in accordance with
Section 6.24 of this Bylaw.
H.
Places of Worship shall be developed in accordance with Section 6.29 of this Bylaw.
I.
Private Liquor Stores and Storage Facilities shall be developed in accordance with
Section 7.19 of this Bylaw.
J.
Natural Resource Extraction Industries shall be developed in accordance with Section
6.22 of this Bylaw.
K.
Service Stations and Gas Stations shall be developed in accordance with Section 6.22 of
this Bylaw.
L.
Shipping Containers shall be developed in accordance with Section 7.31 of this Bylaw.
N.
Solar Energy Conversion Systems shall be developed in accordance with Section 7.33 of
this Bylaw.
O.
Wind Energy Conversion Systems shall be developed in accordance with Section 2.9 of
this Bylaw.
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C2
8.9
VICTORIA COMMERCIAL (C2) DISTRICT
1.
Purpose
The general purpose of this District is to control development in the vicinity of the Victoria Trail in
order to ensure that future commercial development in this area is compatible with significant
cultural landscapes in the Victoria Trail area.
2.
Permitted Uses
A. Art, Craft, and Photography Studios
B. Bed and Breakfast Establishment
C. Boutique Accommodation
D. Buildings and Uses Accessory to Permitted Uses
E. Campground, basic,
F. Community Hall
G. Convenience Retail Service
H. Cultural Facility
I.
Drive-in Business
J. Eating and Drinking Establishment
K. Eco-Cabin/Star-gazing Units
L. Extensive Agriculture
M. Home Occupation, Minor
N. Home Occupation, Major
O. Natural Area
P. Protective or Emergency Services
Q. Public or Quasi-Public Services
R. Public Park
S. Secondary Suite
3.
Discretionary Uses
A. Alternative Energy, Personal.
B. Amusement Establishment, Indoor
C. Amusement Establishment, Outdoor
D. Buildings and Uses Accessory to Discretionary Uses
E. Campground, minor
F. Campground, intermediate
G. Campground, major
H. Cemetery
I.
Commercial Uses
J. Dwelling, Single Detached
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K. Dwelling, single detached, tiny
L. Duplexes (Vertical and Side-By-Side)
M. Hotel
N. Manufactured Home
O. Modular Home
P. Motel
Q. Natural Resource Extraction
R. Outdoor Eating Establishment
S. Places of Worship
T. Public Utilities
U. Recreational vehicle park
V. Shipping Container
W. Surveillance Suite
X. Transfer Station
Y. Other Uses which, in the opinion of the Development Authority, are similar to the above
mentioned Permitted and Discretionary Uses
4.
Subdivision Regulations
A.
General
i.
All subdivisions in environmentally sensitive areas and significant cultural
landscapes, including but not limited to the Victoria Commercial District, must
be designed to retain historically significant patterns of spatial organization and
significant environmental features.
ii.
The County considers river lots to be historically significant patterns of spatial
organization. Therefore subdivisions within existing river lots must be designed
in such a manner that the original river lot pattern is still retained.
iii.
The County will normally require new developments in areas identified as
containing significant cultural landscapes, preserve a minimum of 50% of the
existing vegetation on each site.
iv.
New developments will also be required to maintain, as much as possible, the
current land form and to be sited in such as manner as to ensure that the
current viewscape of the areas from the Trail is maintained within the nationally
recognized Victoria Trail Heritage Site.
B.
Minimum Lot Area - As determined by the Subdivision Authority
5.
Development Regulations
A.
Minimum Yard Setback Requirements
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It should be noted that adjacent to Provincial Highways, Alberta Transportation may require greater
setbacks for development. Contact Alberta Transportation regarding their requirements in this
regard.
i.
Minimum Front Yards
From Municipal Road
Allowances
23.1 m (92.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as
required by Alberta Transportation
Internal Subdivision
Roads
7.6 m (25.0 ft.) from the property line
ii.
Minimum Side Yards
From Municipal Road
Allowances
18.3 m (60.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as
required by Alberta Transportation
When adjacent to an
Internal subdivision road
7.6 m (25.0 ft.) from the property line
When adjacent to
Another Parcel
7.6 m (25.0 ft.) from the property line
iii.
Minimum Rear Yards
From Municipal Road
Allowances
18.3 m (60.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as
required by Alberta Transportation
When adjacent to an
internal subdivision road
7.6 m (25.0 ft.) from the property line
When adjacent to
another parcel
7.6 m (25.0 ft.) from the property line
iv.
Notwithstanding subsections (i), (ii), and (iii) above, where there is an
intersection or sharp curve, the minimum yard requirements shown on Figures
20 and 21 of this Bylaw shall apply.
6.
Other Regulations
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A.
Development proposals adjacent to a primary highway shall comply with any relevant
provincial regulations.
B.
Fences shall be developed in accordance with Section 7.7 of this Bylaw.
C.
Landscaping shall be provided in accordance with Section 6.11 of this Bylaw. Additionally
the Development Authority may require the submission of additional information regarding
the appearance or the proposed development with any application for development
permits in this District in order to ensure that:
i.
That the development is similar in character in appearance to development on
adjacent sites; and
ii.
That the development will be buffered, to the satisfaction of the Development
Authority from the Victoria Trail and adjacent properties.
D.
Grading and drainage of the site shall be provided in accordance with Section 7.17 of this
Bylaw.
E.
Accessory buildings shall be developed in accordance with Section 8.2 of this Bylaw.
F.
Motels shall be developed in accordance with Section 6.22 of this Bylaw.
G.
Places of Worship shall be developed in accordance with Section 6.29 of this Bylaw.
H.
Natural Resource Extraction Industries shall be developed in accordance with Section
7.16 of this Bylaw.
I.
Shipping Containers shall be developed in accordance with Section 7.31 of this Bylaw.
K.
Solar Energy Conversion Systems shall be developed in accordance with Section 7.33 of
this Bylaw.
L.
Wind Energy Conversion Systems shall be developed in accordance with Section 2.9 of
this Bylaw.
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M1
8.10
INDUSTRIAL (M1) DISTRICT
1.
Purpose
The general purpose of this district is to provide opportunities for light industrial and manufacturing
uses, with heavier industry permitted in approved locations at the discretion of the Development
Authority.
2.
Permitted Uses
A. Agricultural Support Services
B. Buildings and Uses Accessory to Permitted Uses
C. Animal Breeding and/or Boarding Facility
D. Animal Clinic
E. Animal Hospital, Large
F. Assembly Plant
G. Automobile Repair Shops, Major and Minor
H. Building Supply and Lumber Outlet
I.
Bulk Fuel Storage and Sales
J. Business Office
K. Car Wash Establishment
L. Extensive Agriculture
M. Greenhouse
N. Heavy Equipment Sales and Service, Repair or Storage
O. Light Industrial
P. Manufacturing
Q. Public or Quasi-Public Services
R. Public Utility
S. Shipping Container
T. Transfer Station
U. Warehouse
V. Wind Energy Conversion System, Micro
3. Discretionary Uses
A. Alternative Energy, Commercial
B. Alternative Energy, Personal
C. Auctioneering Facility
D. Buildings and Uses Accessory to Discretionary Uses
E. Cannabis production and distribution; and
F. Heavy Equipment Sales, Service and Repair
G. Heavy Industrial
H. Industrial hemp production and distribution
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I.
Landfill
J. Medium Industrial
K. Natural Resource Extraction/Processing Facility
L. Public Park
M. Recreational Uses
N. Rural Industrial
O. Surveillance Suite
P. Workcamps
Q. Workcamps, Short Term
R. Other Uses which, in the opinion of the Development Authority, are similar to the above
mentioned Permitted and Discretionary Uses
4.
Subdivision Regulations
A.
Minimum Site Area - at the discretion of the Subdivision Authority
5.
Development Regulations
A.
Minimum Yard Dimensions
It should be noted that adjacent to Provincial Highways, Alberta Transportation may
require greater setbacks for development. Contact Alberta Transportation regarding their
requirements in this regard.
i.
Minimum Front Yards
From Municipal Road
Allowances
23.1 m (92.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as required
by Alberta Transportation
Internal Subdivision
Road
7.6 m (25.0 ft.) from the property boundary
ii.
Minimum Side Yards
From Municipal Road
Allowances
18.3 m (60.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as
required by Alberta Transportation
Internal Subdivision
Road
7.6 m (25.0 ft.) from the property boundary
iii.
Minimum Rear Yards
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From Municipal Road
Allowances
18.3 m (60.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as required
by Alberta Transportation
Internal Subdivision
Road
7.6 m (25.0 ft.) from the property boundary
iv.
Notwithstanding subsections (i), (ii), and (iii) above, where there is an
intersection or sharp curve, the minimum yard requirements shown on Figures
20 and 21of this Bylaw shall apply.
B.
Maximum Site Coverage - 45%.
Of the 45% site coverage, a maximum of 15% of the total site may be covered by
accessory buildings.
C.
Maximum Height - At the Discretion of the Development Authority
D.
Landscaping
The Development Authority may require landscaping, to his satisfaction, in the form of
fences, berms, vegetation, or any other material at their sole discretion that they deem
reasonable, between any development in this District and any adjacent development.
6.
Other Regulations
A.
Development proposals adjacent to a primary highway shall comply with any relevant
provincial regulations.
B.
Fences shall be developed in accordance with Section 7.7 of this Bylaw.
C.
Landscaping shall be provided in accordance with Section 6.11 of this Bylaw.
D.
Grading and drainage of the site shall be provided in accordance with Section 6.11 of this
Bylaw.
E.
Accessory buildings shall be developed in accordance with Section 6.1 of this Bylaw.
F.
Vehicle Washing Establishments (carwashes) shall be developed in accordance with
Section 7.35 of this Bylaw.
G.
Service Stations and Gas Stations shall be developed in accordance with Section 7.30 of
this Bylaw.
H.
Shipping Containers shall be developed in accordance with Section 7.31 of this Bylaw.
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J.
Solar Energy Conversion Systems shall be developed in accordance with Section 7.33 of
this Bylaw
K.
Wind Energy Conversion Systems shall be developed in accordance with Section 2.9 of
this Bylaw.
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M2
8.11
RURAL INDUSTRIAL (M2) DISTRICT
1.
Purpose
The purpose of the Rural Industrial District is to provide land for rural industries in locations which
can be serviced efficiently and which will not conflict with agriculture or residential land uses.
2.
Permitted Uses
A. Agricultural Support Services
B. Buildings and Uses Accessory to Permitted Uses
C. Animal Breeding and/or Boarding Facility
D. Animal Clinic
E. Animal Hospital, Large
F. Automobile Repair Shops, Major and Minor
G. Business Office
H. Extensive Agriculture
I.
Greenhouse
J. Heavy Equipment Sales and Service, Repair or Storage
K. Light Industrial
L. Public or Quasi-Public Services
M. Public Utility
N. Shipping Container
O. Transfer Station
P. Warehouse
3.
Discretionary Uses
A. Alternative Energy, Commercial
B. Alternative Energy, Personal
C. Auctioneering Facility
D. Buildings and Uses Accessory to Discretionary Uses
E. Bulk Fuel Storage and Sales
F. Heavy Equipment Sales, Service and Repair
G. Industrial hemp production and distribution;
H. Medium Industrial
I.
Natural Resource Extraction/Processing Facility
J. Public Park
K. Recreational Uses
L. Rural Industrial
M. Surveillance Suite
N. Other Uses which, in the opinion of the Development Authority, are similar to the above
mentioned Permitted and Discretionary Uses
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4.
Subdivision Regulations
A.
Minimum Site Area - at the discretion of the Subdivision Authority
5.
Development Regulations
A.
Minimum Yard Dimensions
It should be noted that adjacent to Provincial Highways, Alberta Transportation may require greater
setbacks for development. Contact Alberta Transportation regarding their requirements in this
regard.
i.
Minimum Front Yards
From Municipal Road
Allowances
23.1 m (92.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as
required by Alberta Transportation
Internal Subdivision
Road
7.6 m (25.0 ft.) from the property boundary
ii.
Minimum Side Yards
From Municipal Road
Allowances
18.3 m (60.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as
required by Alberta Transportation
Internal Subdivision
Road
7.6 m (25.0 ft.) from the property boundary
iii.
Minimum Rear Yards
From Municipal Road
Allowances
18.3 m (60.0 ft.) from the property line
From Highways
40.8 m (134.0 ft.) from the boundary of the right-of-way or as
required by Alberta Transportation
Internal Subdivision
Road
7.6 m (25.0 ft.) from the property boundary
iv.
Notwithstanding subsections (i), (ii), and (iii) above, where there is an
intersection or sharp curve, the minimum yard requirements shown on Figures
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20 and 21 of this Bylaw shall apply.
B.
Maximum Site Coverage - 45%
Of the 45% site coverage, a maximum of 15% of the total site may be covered by
accessory buildings.
C.
Maximum Height - At the Discretion of the Development Authority
D.
Landscaping
The Development Authority may require landscaping, to their satisfaction, in the form of
fences, berms, vegetation, or any other material at their sole discretion that they deem
reasonable, between any development in this District and any adjacent development.
6.
Other Regulations
A.
Development proposals adjacent to a primary highway shall comply with any relevant
provincial regulations.
B.
Fences shall be developed in accordance with Section 7.7 of this Bylaw.
C.
Landscaping shall be provided in accordance with Section 6.11 of this Bylaw. The
Development Authority may require landscaping, to their satisfaction, in the form of
fences, berms, vegetation, or any other material, at their discretion, between any
development in this District and any adjacent development.
D.
Grading and drainage of the site shall be provided in accordance with Section 6.11 of this
Bylaw.
E.
Accessory buildings shall be developed in accordance with Section 6.1 of this Bylaw.
F.
Vehicle Washing Establishments (carwashes) shall be developed in accordance with
Section 7.35 of this Bylaw.
G.
Service Stations and Gas Stations shall be developed in accordance with Section 7.30 of
this Bylaw.
H.
Shipping Containers shall be developed in accordance with Section 7.31 of this Bylaw.
J.
Solar Energy Conversion Systems shall be developed in accordance with Section 7.33 of
this Bylaw.
K.
Wind Energy Conversion Systems shall be developed in accordance with Section 2.9 of
this Bylaw.
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P
8.12
COMMUNITY AND INSTITUTIONAL (P) DISTRICT
1.
Purpose
The general purpose of this district is to permit development of uses of either a public or private nature that
provide services and recreational opportunities to the community.
2.
Permitted Uses
A. Buildings and Uses Accessory to Permitted Uses
B. Cemeteries
C. Clinics (including Hospitals and Nursing Homes)
D. Community Halls
E. Places of Worship
F. Public or Quasi-Public Services
G. Recreational Uses
H. Public and Private Schools
I.
Other uses that in the opinion of the Development Authority, are similar to the above
mentioned Uses
3.
Discretionary Uses
A. Buildings and Uses Accessory to Accessory Uses
B. Club or Lodge
C. Extensive Agriculture
D. Health Services
E. Institutional Uses
F. Neighbourhood Park
G. Public Utility
H. Public Utility Building
I.
Transfer Station
J. Other uses that, in the opinion of the Development Authority, are similar to the above
mentioned uses
4.
Subdivision Regulations
A.
Minimum Lot Area - at the discretion of the Subdivision Authority
5.
Development Regulations
A.
All site requirements shall be as required by the Development Authority.
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DC
8.13
DIRECT CONTROL (DC) DISTRICT
1.
Purpose
The general purpose of this District is to provide Council with direct control over the use and design
of development in areas of unique character or special concern.
2.
Permitted Uses
A. None
3.
Discretionary Uses
A. Alternative Energy, Commercial.
B. Buildings and Uses Accessory to Discretionary Uses
C. Extensive Agriculture
D. Public Utilities
E. Recreational uses
4.
Regulations
All regulations shall be established by Council, who shall evaluate any proposal for development
with respect to its compliance with:
A.
the objectives and policies of an applicable Area Structure Plan;
B.
the regulations of this Bylaw; and
C.
the regulations of adjacent Districts.
However, Council shall not be bound by any of these matters.
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DC1
8.14
DIRECT CONTROL LANDFILL (DC1) DISTRICT
1.
Purpose
The general purpose of this District is to provide Council with direct control over the use and design of
development in landfill areas.
2.
Permitted Uses
A. None
3.
Discretionary Uses
A. Buildings and Uses Accessory to Discretionary Uses
B. Extensive Agriculture
C. Landfill
D. Transfer Station
E. Public Utility
4.
Regulations
A.
All regulations shall be established by Council, who shall evaluate any proposal for
development with respect to its compliance with:
(i)
the objectives and policies of an applicable Statutory Plan;
(ii)
the regulations of this Bylaw;
(iii)
the regulations of adjacent Districts; and
(iv)
the satisfaction of any Provincial regulations or requirements.
However, Council shall not be bound by any of these matters.
B.
Council may establish as a condition of a development permit that all provincial requirements
and regulations be observed.
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9
OVERLAYS
9.1
ENVIRONMENTALLY SENSITIVE AREAS OVERLAY
1.
Purpose
The Environmentally Sensitive Areas Overlay is not a District. Rather, it provides regulations in addition to
the requirements of the underlying Land Use Districts within this Bylaw.
The Purpose of the Environmentally Sensitive Area overlay is to identify areas in the County where either:
i.
the physical characteristics of the land may make development difficult or unfeasible, or
ii.
the land has been designated as environmentally sensitive or significant.
Development in these areas may require additional information to be submitted by the applicant in order to
ensure the suitability of potential development sites.
2.
Applicability
Within the Environmentally Sensitive Areas Overlay identified on the Land Use District Map the regulations
of this Section apply in addition to the other regulations of this Bylaw.
3.
Uses
i.
Within the Environmentally Sensitive Areas Overlay, the uses listed as Permitted Uses and as
Discretionary Uses within the underlying District may be allowed, in accordance with the
regulations of those Districts and of this Bylaw.
4.
Regulations
i.
The Development Authority shall require that any proposal for development within the
Environmentally Sensitive Areas Overlay area be accompanied, by either or both, of a flood
susceptibility analysis or a bank stability analysis by registered professional engineers that assess
the suitability of the subject site and the proposed development from the points of view of flood
susceptibility and/or bank stability. Further, if a development is approved after such an analysis is
provided, the Development Authority shall require that any recommendations of the analysis be
implemented by the landowner/ developer and registered against the title of the subject lands so as
to warn future landowners of the engineering requirements for development.
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9.2
HERITAGE AREA OVERLAY
1.
Purpose
The Heritage Area Overlay is not a District. Rather, it provides regulations in addition to the requirements of
the underlying Land Use Districts within this Bylaw.
The Purpose of the Heritage Area Overlay is to identify culturally significant landscapes within the County
where either: there are federally, provincially or municipally recognized landscapes, structures and/or
special patterns of organization
Development in these areas may require additional information to be submitted by the applicant in order to
ensure the suitability of potential development sites.
2.
Applicability
Within the Heritage Area Overlay identified on the Land Use District Map the regulations of this Section
apply in addition to the other regulations of this Bylaw.
3.
Uses
i.
Within the Heritage Area Overlay, the uses listed as Permitted Uses and as Discretionary Uses
within the underlying District may be allowed, in accordance with the regulations of those Districts
and of this Bylaw.
4.
Regulations
i.
Application requirements
The Development Authority may require that any proposal for development within the Heritage
Area Overlay area be accompanied by:
a. A Historical Resources Impact Assessment (HRIA) The HRIA and/or mitigative studies will
be paid for by the developer undertaking or proposing to undertake the activity. The HRIA
must be undertaken by professional private-sector historians, archaeologists or
paleontologists and must be reviewed by Alberta Culture and Community Spirit.
If a HRIA is required, a development permit will not be approved until the Development Authority
receives comments from Alberta Culture and Community Spirit indicating that, in their opinion, an
activity will or will likely result in the alteration, damage or destruction of an historic resource.
b. If the development is adjacent to the North Saskatchewan River other significant body of
water, then a flood susceptibility analysis, a bank stability analysis or both, prepared by
registered professional engineers may be required.
The reports should assess the suitability of the subject site and the proposed development from the
points of view of flood susceptibility and/or bank stability. Further, if a development is approved
after such an analysis is provided, the Development Authority shall require that any
recommendations of the analysis be implemented by the landowner/ developer and registered
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against the title of the subject lands so as to warn future landowners of the engineering
requirements for development.
5.
When considering an application for a development permit for new construction of a principle building in the
Heritage Overlay Area the Development Authority will consider the following:
i.
The architectural compatibility of a new development with neighbouring properties;
ii.
The compatibility of the development with the Victoria Trail or another affected streetscape;
iii.
The adequacy of buffering and/or landscaping as required between new development, abutting
properties and the Victoria Trail or another effected streetscape;
iv.
Any other matter Council feels is necessary to ensure the overall compatibility of the structure with
adjacent properties; and
v.
Advice of the Smoky Lake County Regional Heritage Board.
6.
When reviewing an application for a development permit for a demolition, or removal of a principle building,
in the Heritage Overlay Area, the Development Authority may consider any or all of the following:
i.
The structural condition of the building as determined by a qualified professional;
ii.
The reasons for the proposed demolition;
iii.
The proposed new development for the site (if applicable);
iv.
The historical significance of the building;
v.
The architectural significance of the building;
vi.
The potential negative effects on the recognize Heritage Sites and/or the impacted streetscape;
and
vii.
Referral comments from the Smoky Lake County Regional Heritage Board.
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APPENDIX A SRD Recommended Guidelines for Minimum ER
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APPENDIX B MAPS (Maps 11.1-11.5)
Note: Maps may also be viewed online at https://www.smokylakecounty.ab.ca/p/maps
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11.1
LUB Section Map 1.1
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11.2 LUB 1.2
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11.3
LUB 1.3
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11.4
LUB Section Map 1.4
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11.5
LUB 1.5
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11.6
INSET MAPS
A-1 - Hanmore Holdings
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11.6.1 A-2 - Haynes Estate Subdivision
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11.6.2 A-3 - Mons View Resort & Mons Lake Estates
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11.6.3 A-4 - Sandy Lane Park
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11.6.4 A-5 - Wayetenau Subdivision
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11.6.5 A-6 - Bonnie Lake Resort
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11.6.6 A-7 - Garner Lake Subdivisions
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11.6.7 A-8 - Garner Lake Subdivisions
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11.6.8 A-9 - Hamlet of Bellis
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11.6.9 A-10 - Hamlet of Spedden
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11.6.10 A-11 - Hamlet of Edwand
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11.6.11 A-12 - Hamlet of Warspite
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11.6.12 A-13 - W ½ 20-60-17-W4 & NW 17-60-17-W4
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11.6.13 A-14 - Pt. SE 20-59-15-W4
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11.6.14 A-15 - Wishing Well Estates & Area
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11.6.15 A-16 - Hillside Acres, Whitefish Properties and Paradise Cove
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11.6.16 A-17 - E ½ SW 28-59-17-W4
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11.6.17 A-18 - North of the Village of Waskatenau
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11.6.18 A-18 - South of the Village of Waskatenau
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11.6.18 A-19 - Consolidation of Bylaw 1419-22 Institutional and Community (P) District
Rezoning (Adopted October 26, 2022)
Map 1 - Waskatenau
Map 2 - Warspite
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Map 3 - Lobstick West
Map 4 - Victoria Settlement
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Map 4.1 Inset River Lot 10
Map 5 - Town of Smoky
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Map 6 - Fort White Earth
Map 7 - North of Wasel
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Map 8 - Wasel
Map 9 - North of Desjarlais
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Map 10 - North of Hamlin
Map 11 - Stry
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Map 12 - Spedden Southwest
Map 13 - Vilna
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Map 14 - West of Vilna
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Ma 15 - Bellis
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Map 16 - North of Smoky Lake
Map 17 - Northwest of Mons Lake
Map 18 - West of Garner Lake
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Map 19 - North of THE Smoky Lake (Barich)
Map 20 - West of Goodfish Lake
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Map 21 - North of Waskatenau
Map 22 - West of Cache Lake