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LAND USE BYLAW NO. 970
October 2019
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Table of Contents
TABLE OF CONTENTS
SECTION 1 ENACTMENT ............................................................................................. 1
1.1
Title .............................................................................................................................. 1
1.2
Purpose ....................................................................................................................... 1
1.3
Application ................................................................................................................... 1
1.4
Conformity With Bylaw ................................................................................................. 1
1.5
Additional Requirements .............................................................................................. 1
1.6
Transitional Provisions ................................................................................................. 1
1.7
Severability .................................................................................................................. 1
1.8
Interpretation ................................................................................................................ 1
SECTION 2 DEVELOPMENT OFFICER ...................................................................... 2
2.1
Establishment of Development Officer ......................................................................... 2
2.2
Duties and Powers of Development Officer .................................................................. 2
SECTION 3 LAND USE DISTRICTS ............................................................................ 3
3.1
Establishment of Districts ............................................................................................. 3
3.2
Land Use District Maps ................................................................................................ 3
3.3
Land Use District Boundaries ........................................................................................ 3
3.4
Low Density Residential 1 (R1) District ........................................................................ 4
3.5
Low Density Residential 2 (R2) District ........................................................................ 5
3.6
Medium Density Residential (R3) District ..................................................................... 7
3.7
High Density Residential (R4) District .......................................................................... 8
3.8
Manufactured Home Subdivision (MHS) District .........................................................10
3.9
Manufactured Home Park (MHP) District ....................................................................11
3.10 Downtown Commercial (C1) District............................................................................13
3.11 Highway Development (HD) District ............................................................................14
3.12 Industrial (M1) District .................................................................................................15
3.13 Public Service (PS) District .........................................................................................17
3.14 Urban Reserve (UR) District .......................................................................................18
3.15 Direct Control (DC) District ..........................................................................................19
3.16 Airport Vicinity Overlay (AVO) .....................................................................................20
SECTION 4 GENERAL REGULATIONS ................................................................... 22
4.1
Approaches and Driveways ........................................................................................22
4.2
Building Height ............................................................................................................22
4.3
Building Width .............................................................................................................23
4.4
Corner and Through Lots ............................................................................................23
4.5
Design, Character and Appearance of Buildings .........................................................23
4.6
Dwelling Units on a Lot ...............................................................................................23
4.7
Exterior Storage ..........................................................................................................24
4.8
Fencing and Screening ...............................................................................................24
4.9
Landscaping ...............................................................................................................24
4.10 Lighting .......................................................................................................................25
4.11 Lot Coverage ..............................................................................................................25
4.12 Objects Prohibited or Restricted in Yards ....................................................................25
4.13
Parking and Loading ...................................................................................................26
4.14 Permitted Encroachments ...........................................................................................28
4.15 Relocation of Buildings ................................................................................................28
4.16 Removal of Topsoil and Site Grading ..........................................................................29
4.17 Risk Assessment ........................................................................................................29
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Table of Contents
4.18 Sewage Disposal Systems ..........................................................................................30
4.19 Transportation .............................................................................................................30
SECTION 5 SPECIAL REGULATIONS ...................................................................... 31
5.1
Accessory Buildings and Uses ....................................................................................31
5.2
Cannabis ....................................................................................................................31
5.3
Car Washes ................................................................................................................32
5.4
Child Care Facilities ....................................................................................................32
5.5
Communication Towers and Antennas ........................................................................32
5.6
Decks..........................................................................................................................32
5.7
Drive-Through Businesses ..........................................................................................33
5.8
Gas Bars and Service Stations ...................................................................................33
5.9
Group Homes .............................................................................................................33
5.10 Home Based Business ................................................................................................33
5.11 Manufactured Homes ..................................................................................................34
5.12 Religious Assembly .....................................................................................................35
5.13 Secondary Suites ........................................................................................................35
5.14 Signs...........................................................................................................................35
5.15 Solar Collectors ...........................................................................................................36
5.16 Solar Energy Facilities.................................................................................................37
5.17 Temporary Storage .....................................................................................................37
5.18 Wind Energy Conversion Systems (WECS), Small Scale ...........................................37
SECTION 6 ADMINISTRATIVE PROVISIONS ........................................................... 39
6.1
When Development Permits Are Required ..................................................................39
6.2
When Development Permits Are Not Required ...........................................................39
6.3
Development Permit Applications ................................................................................39
6.4
Subdivision Applications ..............................................................................................40
6.5
Determination and Notification of Complete Applications ..............................................41
6.6
Referrals .....................................................................................................................41
6.7
DeYelRSPeQW OfficeU¶V Discretion ................................................................................41
6.8
Conditions of a Development Permit or Subdivision Approval ......................................42
6.9
Notification of Decision ................................................................................................43
6.10 Appeals .......................................................................................................................44
6.11 Amendments ...............................................................................................................44
6.12 Compliance .................................................................................................................45
SECTION 7 DEFINITIONS .......................................................................................... 47
SCHEDULES
Schedule A
Land Use District Map
Schedule B
Land Use Bylaw Forms
Schedule C
Land Use Bylaw Amendments
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 1
SECTION 1 ENACTMENT
1.1
Title
1.1.1
ThiV B\laZ Pa\ be ciWed aV Whe ³Town of Spirit River Land Use B\laZ´.
1.2
Purpose
1.2.1
The purpose of this Bylaw is to manage the use and development of land and buildings within the
Municipality to achieve the orderly, economical and beneficial development of land.
1.3
Application
1.3.1
The provisions of this Bylaw apply to all land and buildings within the boundaries of the
Municipality.
1.4
Conformity with Bylaw
1.4.1
No person shall commence or continue any development unless it is in accordance with this
Bylaw and the terms and conditions of a Development Permit issued pursuant to this Bylaw,
where such a permit is required.
1.5
Additional Requirements
1.5.1
In addition to meeting the requirements of this Bylaw, it is the responsibility of the applicant to
obtain other such permits, approvals or licenses that may be required by the Municipality or other
government departments and agencies.
1.6
Transitional Provisions
1.6.1
An application for a development permit that is received in its complete and final form prior to the
effective date of this Bylaw shall be processed in accordance with Bylaw No. 901 as amended.
1.7
Severability
1.7.1
In the event any portion of this Bylaw is found invalid or is overturned by a Court of Law, the
validity of the remaining portions of this Bylaw shall not be affected.
1.8
Interpretation
1.8.1
The words ³shall´, ³Zill´ and ³must´ require mandatory compliance except where a variance has
been granted pursuant to the Act or this Bylaw.
1.8.2
In the event of a conflict between the text of this Bylaw and the Act, the Act shall take
precedence.
1.8.3
In the case of a conflict between the text of this Bylaw and any maps or drawings used to
illustrate any aspect of this Bylaw, the text shall take precedence.
1.8.4
In the case of a conflict between values expressed in metric units and in imperial units, the metric
value shall take precedence.
1.8.5
In the case of a conflict between a land use district requirement and the General Regulations
(Section 4) or Special Regulations (Section 5), the land use district requirement shall take
precedence.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 2
SECTION 2 DEVELOPMENT OFFICER
2.1
Establishment of Development Officer
2.1.1
The office of Development Officer, as established by separate bylaw, and filled by a person or
persons to be appointed by Council, iV heUeb\ aXWhRUi]ed WR acW aV a ³Development Officer´.
2.1.2
Council shall serve as the Development Authority as it relates to decisions respecting a Direct
Control District.
2.2
Duties and Powers of Development Officer
2.2.1
The Development Officer shall:
(a) be heUeb\ aSSRiQWed a ³DeVigQaWed OfficeU´ fRU Whe SXUSRVeV Rf eQWeUiQg aQd iQVSecWiQg land;
(b) receive, process, and review all development permit and subdivision applications;
(c) keep and maintain for inspection by the public during office hours, a copy of this Bylaw and
all amendments thereto;
(d) undertake all administrative functions as required by legislation and keep a register of all
applications for development, including the decisions thereon and the reasons therefore for a
minimum period of 7 years.
2.2.2
Notwithstanding 2.2.1(b), the Development Officer:
(a) may refer any development permit application to Council for advice;
(b) may refer development permit applications to Council for advice for those uses not listed
either as Permitted Uses or Discretionary Uses in the subject land use district; and
(c) shall refer any development permit application in a Direct Control District to Council for a
decision.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 3
SECTION 3 LAND USE DISTRICTS
3.1
Establishment of Districts
3.1.1
For the purpose of this Bylaw, all lands within the Municipality are divided into the following Land
Use Districts:
LAND USE DISTRICT
SYMBOL
Low Density Residential 1
Low Density Residential 2
Medium Density Residential
High Density Residential
Manufactured Home Subdivision
Manufactured Home Park
Downtown Commercial
Highway Development
Industrial
Public Service
Urban Reserve
Direct Control
Airport Vicinity Overlay
R1
R2
R3
R4
MHS
MHP
C1
HD
M1
PS
UR
DC
AVO
3.2
Land Use District Maps
3.2.1
The Land Use District Map, as may be amended or replaced from time to time, divide the
Municipality into Land Use Districts, and is contained in Schedule A.
3.3
Land Use District Boundaries
3.3.1
Where uncertainty exists as to the boundaries of districts as delineated in the Land Use District
Map, the following rules shall apply:
(a) Where a boundary is shown as approximately following a lot line, it shall be deemed to follow
the lot line.
(b) In circumstances not covered by (a), the location of the District boundary shall be
determined:
(i)
Where dimensions are set out on the Land Use Bylaw Map, by the dimensions so set;
or
(ii) Where dimensions are not set out on the Land Use Bylaw Map with respect to such
boundary, by measurement of and use of the scale shown on the Land Use Bylaw Map.
3.3.2
Council shall maintain a list of its decisions with respect to boundaries or portions thereof fixed by
it.
3.3.3
Where land use districts have been established in accordance with a proposed subdivision of
land, the districts shall be understood to conform to the Certificate of Title or the Plan of Survey
when registered in a land title office. Prior or the registration, the district boundary shall be
determined on the basis of the scale of the map.
3.3.4
The district standards of this Bylaw do not apply to highways, roads, or lanes.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 4
3.4
Low Density Residential 1 (R1) District
3.4.1
Purpose
The purpose of this district is to provide for low density residential development in the form of single
detached dwellings with provision for duplex dwellings and complimentary uses.
Permitted Uses
Discretionary Uses
x
Accessory Building or Use to a Permitted
Use
x
Park
x
Single Detached Dwelling
x
Accessory Building or Use to a Discretionary
Use
x
Bed and Breakfast
x
Child Care Facility
x
Duplex
x
Group Home
x
Home Based Business, Major
x
Home Based Business, Minor
x
Modular Home
x
Public Building or Use
x
Public Utility
x
Religious Assembly
x
Secondary Suite
x
Solar Collector
3.4.2
Development Regulations
In addition to those regulations in Section 4, General Regulations, and Section 5, Special Regulations,
the following regulations shall apply:
(a) Lot Area
(Minimum)
x Single Detached
Dwelling, Duplex (Up-
Down), or Modular Home
x Duplex (Side-Side)
x All Other Uses
465 m² (5,000 ft²)
232 m² (2,500 ft2) per unit
558 m² (6,000 ft²)
(b) Lot Width
(Minimum)
x Duplex (Side-Side)
x All Other Uses
7.6 m (25 ft)
15.2 m (50 ft)
(c) Front Yard (Minimum)
6.1 m (20 ft)
(d) Side Yard
(Minimum)
x Exterior
x Interior
1.5 m (5 ft)
1.5 m (5 ft). 3 m (10 ft) on one side if lot does not
have access to a rear lane.
(e) Rear Yard (Minimum)
6.1 m (20 ft)
(f) Building Height (Maximum)
10.6 m (35 ft)
(g) Lot Coverage (Maximum)
35%
(h) Single Detached Dwelling
Size (Minimum)
6.5 m (21 ft) width
93 m2 (1000 ft2) livable area
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 5
3.5
Low Density Residential 2 (R2) District
3.5.1
Purpose
The purpose of this district is to provide for a diverse range of housing types on smaller lots with provision
for complimentary uses.
Permitted Uses
Discretionary Uses
x
Accessory Building or Use to a Permitted
Use
x
Duplex
x
Modular Home
x
Park
x
Single Detached Dwelling
x
Accessory Building or Use to a Discretionary
Use
x
Bed and Breakfast
x
Boarding House
x
Child Care Facility
x
Group Home
x
Home Based Business, Major
x
Home Based Business, Minor
x
Manufactured Home, Double Wide
x
Manufactured Home, Single Wide
x
Multi-Unit Dwelling
x
Public Building or Use
x
Public Utility
x
Religious Assembly
x
Secondary Suite
x
Solar Collector
3.5.2
Development Regulations
In addition to those regulations in Section 4, General Regulations, and Section 5, Special Regulations,
the following regulations shall apply:
(a) Lot Area
(Minimum)
x Duplex (Side-Side)
x Multi-Unit Dwelling
x Single Detached
Dwelling/Modular
Home/Manufactured
Home
x All Other Uses
232 m² (2,500 ft2) per unit
Development Officer discretion
364 m² (3,918 ft2) if lot has access to a rear lane
465 m² (5,000 ft²)
(b) Lot Width
(Minimum)
x Duplex (Side-Side)
x Multi-Unit Dwelling
x Single Detached
Dwelling/Modular
Home/Manufactured
Home
x All Other Uses
7.6 m (25 ft) per unit
Development Officer discretion
10.1 m (33 ft) if lot has access to a rear lane
12.2 m (40 ft)
(c) Front Yard (Minimum)
6.1 m (20 ft)
(d) Side Yard
(Minimum)
x Exterior
x Interior
x Interior (Multi-Unit)
1.5 m (5 ft)
1.5 m (5 ft). 3 m (10 ft) on one side if lot does not
have access to a rear lane.
3 m (10 ft)
(e) Rear Yard (Minimum)
6.1 m (20 ft)
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 6
(f) Building Height (Maximum)
10.6 m (35 ft)
(g) Lot Coverage (Maximum)
35%
(h) Single Detached Dwelling
Size (Minimum)
6.5 m (21 ft) width
93 m2 (1000 ft2) livable area
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 7
3.6
Medium Density Residential (R3) District
3.6.1
Purpose
The purpose of this district is to provide for medium density residential development with provisions for
complimentary uses.
Permitted Uses
Discretionary Uses
x
Accessory Building or Use to a Permitted
Use
x
Duplex
x
Multi-Unit Dwelling
x
Park
x
Accessory Building or Use to a Discretionary
Use
x
Boarding House
x
Child Care Facility
x
Home Based Business, Minor
x
Public Building or Use
x
Public Utility
x
Residential Care Facility
x
Solar Collector
3.6.2
Development Regulations
In addition to those regulations in Section 4, General Regulations, and Section 5, Special Regulations,
the following regulations shall apply:
(a) Lot Area
(Minimum)
x Duplex (Side-Side)
x Multi-Unit Dwelling
x All Other Uses
232 m² (2,500 ft2) per unit
Development Officer discretion
465 m² (5,000 ft²)
(b) Lot Width
(Minimum)
x Duplex (Side-Side)
x Multi-Unit Dwelling
x All Other Uses
7.6 m (25 ft) per unit
Development Officer discretion
12.2 m (40 ft)
(c) Front Yard (Minimum)
6.1 m (20 ft)
(d) Side Yard
(Minimum)
x Exterior
x Interior
1.5 m (5 ft)
1.5 m (5 ft). 3 m (10 ft) on one side if lot does not
have access to a rear lane.
(e) Rear Yard (Minimum)
7.6 m (25 ft)
(f) Building Height
(Maximum)
x Multi-Unit Dwelling
x All Other Uses
14 m (45 ft) or 4 storeys
10.6 m (35 ft)
(g) Lot Coverage
(Maximum)
x Multi-Unit Dwelling
x All Other Uses
40%
35%
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 8
3.7
High Density Residential (R4) District
3.7.1
Purpose
The purpose of this district is to provide for high density residential development up to 4 storeys, with
provisions for complementary uses.
Permitted Uses
Discretionary Uses
x
Accessory Building or Use to a Permitted
Use
x
Multi-Unit Dwelling
x
Park
x
Accessory Building or Use to a Discretionary
Use
x
Boarding House
x
Child Care Facility
x
Home Based Business, Minor
x
Public Building or Use
x
Public Utility
x
Residential Care Facility
x
Single Detached Dwelling on Lot 17, Block
13, Plan 623RS
x
Solar Collector
3.7.2
Development Regulations
In addition to those regulations in Section 4, General Regulations, and Section 5, Special Regulations,
the following regulations shall apply:
(a) Lot Area (Minimum)
604 m² (6,500 ft²)
(b) Lot Width (Minimum)
15.2 m (50 ft)
(c) Front Yard (Minimum)
6.1 m (20 ft)
(d) Side Yard
(Minimum)
x Exterior
x Interior
1.5 m (5 ft)
1.5 m (5 ft). 3 m (10 ft) on one side if lot does not
have access to a rear lane.
(e) Rear Yard (Minimum)
10.7 m (35 ft)
(f) Building Height (Maximum)
14 m (45 ft) or 4 storeys
(g) Lot Coverage (Maximum)
40%
(h) Density (Maximum)
Development Officer discretion
3.7.3
Additional Requirements
(a) A minimum 10% of the site shall be devoted to landscaped open space.
(b) The development shall satisfy the Development Officer as to:
(i)
provision for an access to garbage storage;
(ii) access for firefighting purposes;
(iii) light between buildings;
(iv) privacy for dwelling units in and adjacent to the development;
(v) orientation of buildings and general appearance of project; and
(vi) safe pedestrian access to and from the public sidewalk fronting the building.
(c) All off-street parking shall be landscaped and screened from abutting uses.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 9
(d) The Development Officer may decide on such other requirements as are necessary having regard to
the nature of a proposed development and the intent of this District.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 10
3.8
Manufactured Home Subdivision (MHS) District
3.8.1
Purpose
The purpose of this district is to provide for the development of serviced manufactured home lots with
provisions for limited complimentary uses.
Permitted Uses
Discretionary Uses
x
Accessory Building or Use to a Permitted
Use
x
Manufactured Home, Double Wide
x
Manufactured Home, Single Wide
x
Park
x
Accessory Building or Use to a Discretionary
Use
x
Home Based Business, Major
x
Home Based Business, Minor
x
Public Building or Use
x
Public Utility
x
Solar Collector
3.8.2
Development Regulations
In addition to those regulations in Section 4, General Regulations, and Section 5, Special Regulations,
the following regulations shall apply:
(a) Lot Area
(Minimum)
x Single Wide
x Double Wide
372 m2 (4,000 ft2)
465 m2 (5,000 ft2)
(b) Lot Width
(Minimum)
x Single Wide
x Double Wide
11.2 m (37 ft)
14.3 m (47 ft)
(c) Front Yard (Minimum)
6.1 m (20 ft)
(d) Side Yard
(Minimum)
x Exterior
x Interior
1.5 m (5 ft)
1.5 m (5 ft). 3 m (10 ft) on one side if lot does not
have access to a rear lane.
(e) Rear Yard (Minimum)
6.1 m (20 ft)
3.8.3
Additional Requirements
The Development Officer may decide on such other requirements as are necessary having regard to the
nature of a proposed development and the intent of this district.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 11
3.9
Manufactured Home Park (MHP) District
3.9.1
Purpose
This district is generally intended to provide for manufactured homes on a leasehold basis within a
manufactured home park setting. This district will be applied in those areas where there will be no
negative impact on abutting existing land uses. Manufactured home parks shall be serviced by Town
water and sewer services in the park area. FRU Whe SXUSRVe Rf WhiV diVWUicW, Whe WeUP ³lRW´ UefeUV WR Whe
rented or leased site upon which a manufactured home is located.
Permitted Uses
Discretionary Uses
x
Accessory Building or Use to a Permitted
Use
x
Manufactured Home, Double Wide
x
Manufactured Home, Single Wide
x
Manufactured Home Park
x
Park
x
Accessory Building or Use to a Discretionary
Use
x
Child Care Facility
x
Home Based Business, Minor
x
Public Building or Use
x
Public Utility
x
Solar Collector
3.9.2
Development Regulations
In addition to those regulations in Section 4, General Regulations, and Section 5, Special Regulations,
the following regulations shall apply:
(a) Site Area (Minimum)
1.2 ha (3 ac)
(b) Lot Area
(Minimum)
x Single Wide
x Double Wide
325 m2 (3,500 ft2)
418 m2 (4,500 ft2)
(c) Lot Width
(Minimum)
x Single Wide
x Double Wide
10 m (33 ft)
12.8 m (42 ft)
(d) Front Yard (Minimum)
3 m (10 ft)
(e) Rear Yard (Minimum)
6.1 m (20 ft)
(f) Separation Distance (Minimum)
4.6 m (15 ft) between manufactured homes
3.9.3
Additional Requirements
(a) Every manufactured home park shall, to the satisfaction of the Development Officer:
(i)
have a lighted area of 9 m² (97 ft2) per manufactured home site;
(ii) devote 10% of the gross site area to landscaped open space with playground equipment;
(iii) provide and maintain municipal services;
(iv) provide and maintain a paved private road system;
(v) provide and maintain street lighting;
(vi) provide a method of garbage collection and disposal;
(vii) provide a direct access to a major public road; and
(viii) provide a surface water drainage system.
(b) Every manufactured home park site shall:
(i)
front onto a private road with a minimum carriageway of 9.75 m (32 ft);
(ii) be clearly marked by means of stakes, fences, hedges, or other means satisfactory to the
Development Officer.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 12
(c) Every manufactured home park shall maintain on its own property a treed buffer of a width to be
determined by the Development Officer.
(d) For manufactured home parks containing over 50 manufactured home sites, 2 separate means of
access shall be provided. In manufactured home parks under 100 manufactured home sites, this
may be in the form of a boulevard road with a central dividing strip, so that in the event of blockage
on one side, the other side is available for two-way emergency traffic.
(e) The Development Officer may decide on such other requirements as are necessary having regard to
the nature of a proposed development and the intent of this District.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 13
3.10
Downtown Commercial (C1) District
3.10.1 Purpose
The purpose of this district is to provide for office and retail commercial developments intended to locate
in the downtown area of Town.
Permitted Uses
Discretionary Uses
x
Accessory Building or Use to a Permitted
Use
x
Financial Services
x
Hotel
x
Personal Services
x
Professional Services
x
Public Building or Use
x
Restaurant
x
Retail Store
x
Accessory Building or Use to a Discretionary
Use
x
Accessory Dwelling
x
Cannabis, Retail
x
Commercial Entertainment Facility
x
Community Hall or Facility
x
Contractor, Limited
x
Dealership
x
Drinking Establishment
x
Public Utility
x
Religious Assembly
x
Solar Collector
3.10.2 Development Regulations
In addition to those regulations in Section 4, General Regulations, and Section 5, Special Regulations,
the following regulations shall apply:
(a) Lot Width (Minimum)
4.6 m (15 ft)
(b) Front Yard (Minimum)
None Required
(c) Side Yard (Minimum)
3 m (10 ft) if no firewall provided or adjacent to a
residential district.
None required if a firewall is provided.
(d) Rear Yard (Minimum)
Development Officer discretion
(e) Building Height (Maximum)
Development Officer discretion
3.10.3 Additional Requirements
(a) The design, construction and architectural appearance of any building shall be subject to the
satisfaction of the Development Officer.
(b) An accessory dwelling shall:
(i)
not be located below the second storey of a building;
(ii) have direct access to the outside street level; and
(iii) not be located on the same floor as a non-residential use.
(c) The Development Officer may decide on such other requirements as are necessary having regard to
the nature of a proposed development and the intent of this District.
(d) Notwithstanding 5.2.2, a Cannabis, Retail use shall not be located on a lot that abuts 50th Street.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 14
3.11
Highway Development (HD) District
3.11.1 Purpose
The purpose of this district is to provide for commercial and industrial uses that have extensive land
and/or outside storage requirements and are located on heavily travelled roads..
Permitted Uses
Discretionary Uses
x
Accessory Building or Use to a Permitted
Use
x
Campground
x
Car and Truck Wash
x
Dealership
x
Drive-Through Business
x
Gas Bar
x
Hotel
x
Motel
x
Restaurant
x
Retail Store
x
Service Station
x
Accessory Building or Use to a Discretionary
Use
x
Cannabis Retail
x
Contractor, Limited
x
Equipment Sales, Rental and Repair
x
Public Building or Use
x
Public Utility
x
Solar Collector
x
Storage Yard
x
Warehouse
x
Wind Energy Conversion System, Small
Scale
3.11.2 Development Regulations
In addition to those regulations in Section 4, General Regulations, and Section 5, Special Regulations,
the following regulations shall apply:
(a) Front Yard (Minimum)
9.1 m (30 ft)
(b) Side Yard (Minimum)
3 m (10 ft)
(c) Rear Yard (Minimum)
Development Officer discretion
(d) Building Height (Maximum)
Development Officer discretion
3.11.3 Additional Requirements
(a) The design, construction and architectural appearance of any building shall be subject to the
satisfaction of the Development Officer.
(b) Provision for adequate vehicular circulation shall be provided on all sites to the satisfaction of the
Development Officer.
(c) The Development Officer may decide on such other requirements as are necessary having regard to
the nature of a proposed development and the intent of this District.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 15
3.12
Industrial (M1) District
3.12.1 Purpose
The purpose of this district is to provide for manufacturing, processing, assembly, distribution, service
and repair uses that have extensive land requirements and require outdoor storage.
Permitted Uses
Discretionary Uses
x
Accessory Building or Use to a Permitted
Use
x
Contractor, Limited
x
Contractor, General
x
General Industry
x
Accessory Building or Use to a Discretionary
Use
x
Airport
x
Cannabis Production Facility
x
Cannabis, Retail
x
Communication Tower and Antenna System
x
Dealership
x
Kennel
x
Pipe and Equipment Storage
x
Public Utility
x
Restaurant
x
Security Suite
x
Solar Collector
x
Solar Energy Facility
x
Trucking Operation
x
Warehouse
x
Wind Energy Conversion System, Small
Scale
3.12.2 Development Regulations
In addition to those regulations in Section 4, General Regulations, and Section 5, Special Regulations,
the following regulations shall apply:
(a) Lot Area (Minimum)
456 m2 (5,000 ft2)
(b) Front Yard (Minimum)
6.1 m (20 ft)
(c) Side Yard (Minimum)
4.6 m (15 ft)
(d) Rear Yard (Minimum)
3 m (10 ft) with rear lane
4.6 m (15 ft) without rear lane
None required where the rear boundary of a site
abuts a railway right-of-way.
(e) Building Height (Maximum)
Development Officer discretion
3.12.3 Additional Requirements
(a) No use shall be established that is or will become noxious by way of the following:
(i) noise;
(ii) vibration;
(iii) smoke;
(iv) heat, humidity and glare; or
(v) any other nuisance factors, and also having regard for airport regulations.
(b) The Development Officer may decide on such other requirements as are necessary having regard to
the nature of a proposed development and the intent of this District.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 16
(c) Notwithstanding 3.12.2, all development regulations on lands occupied by the Spirit River Airport
shall be at the discretion of the Development Officer.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 17
3.13
Public Service (PS) District
3.13.1 Purpose
The purpose of the district is to provide for publicly and privately owned facilities of an institutional,
recreation and community service nature.
Permitted Uses
Discretionary Uses
x
Accessory Building or Use to a Permitted
Use
x
Community Hall or Facility
x
Child Care Facility
x
Public Building or Use
x
Public Utility
x
Park
x
Recreation, Indoor
x
Religious Assembly
x
School
x
Accessory Building or Use to a Discretionary
Use
x
Cemetery
x
Communication Tower and Antenna System
x
Emergency Services
x
Hospital
x
Parking Lot
x
Recreation, Extensive
x
Wind Energy Conversion System, Small
Scale
3.13.2 Development Regulations
In addition to those regulations in Section 4, General Regulations, and Section 5, Special Regulations,
the following regulations shall apply:
(a) Front Yard (Minimum)
7.6 m (25 ft)
(b) Side Yard (Minimum)
4.6 m (15 ft)
(c) Rear Yard (Minimum)
Development Officer discretion
(d) Building Height (Maximum)
Development Officer discretion
3.13.3
Additional Requirements
The design, architectural appearance, height and landscaping of any building or structure and all signs
must meet with the satisfaction of the Development Officer.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 18
3.14
Urban Reserve (UR) District
3.14.1
Purpose
The purpose of this district is to provide for the continuation of existing rural pursuits that does not
compromise the future expansion of urban development.
Permitted Uses
Discretionary Uses
x
Accessory Building or Use to a Permitted
Use
x
Agriculture, Extensive
x
Recreation, Extensive
x
Accessory Building or Use to a Discretionary
Use
x
Communication Tower and Antenna System
x
Greenhouse
x
Manufactured Home
x
Market Garden
x
Plant Nursery
x
Public Building or Use
x
Public Utility
x
Single Detached Dwelling
x
Wind Energy Conversion System, Small
Scale
3.14.2
Development Regulations
In addition to those regulations in Section 4, General Regulations, and Section 5, Special Regulations,
the following regulations shall apply:
(a) Lot Area (Minimum)
Development Officer discretion
(b) Front Yard (Minimum)
Development Officer discretion
(c) Side Yard (Minimum)
Development Officer discretion
(d) Rear Yard (Minimum)
Development Officer discretion
(e) Building Height (Maximum)
Development Officer discretion
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 19
3.15
Direct Control (DC) District
3.15.1
Purpose
The purpose of this district is to provide for unique forms of development or to enable development to
occur in areas of unique character or circumstance.
3.15.2
Development Regulations
(a) All regulations associated with this district shall be at the discretion of Council unless otherwise
specified in the Direct Control District.
(b) All development shall conform to the provisions of the Municipal Development Plan.
(c) All regulations of this Bylaw shall apply unless such regulations are specifically excluded or modified
in the Direct Control District.
(d) When deciding on an application, Council shall consider the following:
(i)
existing and future use of neighbouring lands;
(ii) servicing of the subject property;
(iii) access to the subject property; and
(iv) any considerations that are unique to the proposed development and/or the subject property.
(e) The Development Officer may require the applicant to submit any or all of the following documents to
support their Application:
(i)
an explanation of the intent of the project and why a Direct Control District is necessary;
(ii) the features of the project, which make it desirable to the general public, which includes an
elevation of how the project complements existing and future plans for the surrounding lands;
(iii) a detailed development scheme which includes the following information:
1.
location of all buildings;
2.
elevation and architectural treatment of all buildings and associated structures;
3.
proposed servicing scheme;
4.
all yard setbacks, site coverage, site areas, floor areas, sizes of lots, and number of
parking stalls; and
5.
any other information as requested by the Development Officer so that they may complete
a thorough review of the application.
3.15.3
Process
(a) Council is the approving authority with respect to any Bylaw amendment and development permit
applications relating to Direct Control Districts.
(b) Prior to making a decision on an Bylaw amendment application, the Development Officer will provide
opportunities for the applicant, adjacent landowners and other interested parties to comment and
make submissions on the proposal, in the form of a public meeting. These opportunities will be in
addition to the Public Hearing, and will be completed at least four weeks prior to the scheduled First
Reading of the proposed Bylaw amendment.
(c) In accordance with the Act, there is no appeal to the Board for decisions made by Council on
applications on lands in a Direct Control District.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 20
3.16
Airport Vicinity Overlay (AVO)
3.16.1 Purpose
The purpose of this overlay is to regulate land uses surrounding the Spirit River airport to ensure that they
are conductive to the safe operation of the airport.
3.16.2 Uses
Those uses outlined in the specific land use district applying to the subject lands.
3.16.3 Development Regulations
(a) Unless otherwise specified by the regulations of this overlay, the development regulations shall be
those outlined in the specific land use district applying to the subject lands.
(b) The General Regulations contained in Section 4 and the Special Regulations contained in Section 5
shall apply.
(c) Approval of development shall be at the discretion of the Development Officer. The impact of the
proposed development on the operations of the airport, and the impact of the airport operations on
the proposed development shall be the primary considerations of the Development Officer.
(d) The Development Officer may, at its discretion refer any application to Transport Canada for review
and comment. The Development Officer shall render his decision or establish appropriate conditions,
based upon individual analysis of the application, having regard to Transport Canada's comments.
(e) The Development Officer shall review all development permits for their potential at attracting birds,
creating dust and smoke, or electronic interference with aviation related installations and determine if
the impacts are significant and should preclude the approval of the development.
(f)
The height of any development shall not exceed the height of any of the airport surfaces, as
specified by Airport Height Limitations (see Table 3.1), and shown on the Land Use District map
(Schedule A).
(g) All construction in this overlay shall conform to the exterior acoustic insulation requirements of Part II
of the Alberta Building Code.
(h) All lighting within this overlay shall be directed at structures or low mast. They shall not be high
intensity, high mast or upwardly reflective, and shall be subject to review by the Development Officer.
Table 3.1: Airport Height Limitations
Basic Strip
The basic strip is a rectangular area measured 30 m (100 ft) on each side
of the centre line of the runway and 60 m (200 ft) at each end of the
runway.
Take off/Approach Surfaces
There are take-off/approach surfaces abutting and extending out from
each end of the basic strip and in each case the surface is an imaginary
surface consisting of an inclined plane.
(a) the commencement of which coincides with the end of the basic strip;
(b) that rises at a slope ratio of 1:25 (4%) measured from the end of the
basic strip;
(c) that diverges outward on each side as it rises, at a rate of 10%
measured from the respective projected sides of the basic strip; and,
(d) that ends at its intersection with the outer surface.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 21
Transitional Surfaces
There is a transitional surface associated with each side of the basic strip,
and in each case the transitional surface is an imaginary surface
consisting of an inclined plane that:
(a) commences at and abuts the sides of the basic strip;
(b) rises at a slope ratio of 1:5 (20%) from an elevation at the centre
point of the runway opposite the proposed development, and
measured from the sides of the basic strip; and,
(c) ends at its intersection with the outer surface and the take-
off/approach surfaces.
Airport Zoning Reference
Point Elevation
The airport zoning reference point elevation is the elevation used to
establish the height of the outer surface and for the purpose of this
overlay is deemed to be 624 m (2047 ft) above sea level.
Outer Surface
The outer surface of the protection area is an imaginary common plane
established at a constant elevation of 45 m (148 ft) above the airport
zoning reference point elevation and extending to the boundary of the
protection area.
3.16.4 Submission Requirements
In addition to the general submission requirements of 6.3.2 and 6.3.3, an application for a development
permit for lands affected by this overlay shall provide the following information:
(a) The grade elevation of the highest point of the proposed building site, to be referenced to geodetic
elevations. Geodetic elevation is the elevation of a point and its vertical distance above or below an
assumed level surface or datum; and
(b) The proposed building height, in metric measurement, including clearance lights, mechanical
penthouses, antennas, building cranes during construction, receiving or transmitting structures,
masts, flagpoles, clearance markers or any other erection beyond the height of the principal building
structure.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 22
SECTION 4 GENERAL REGULATIONS
4.1
Approaches and Driveways
4.1.1
All development shall have legal and physical road access to the satisfaction of the Municipality.
4.1.2
Where a proposed development or subdivision requires access to a highway, the applicant shall
acquire all necessary approvals and permits from Alberta Transportation.
4.1.3
An approach on a corner lot shall be set back a
minimum distance of 6.1 m (20 ft) from the
intersection of the front and side lot lines (Figure
4.1).
4.1.4
The maximum width of an approach to a
driveway shall not exceed 10.5 m (35 ft).
4.1.5
The sides of driveway approaches crossing
sidewalks or boulevards may be constructed on
an angle with the curb line, but the angle
extended between the curb and the edge of the
driveway shall in no case be less than 45
degrees.
4.1.6
The minimum distance between driveway
approaches on the same side of a lot shall be 6.1 m (20 ft), measured at the lot line (Figure 4.1).
The Development Officer may vary the minimum clear distance in any cases where such variance
is necessary for reasons of lot configuration, location of infrastructure, public safety or
convenience.
4.2
Building Height
4.2.1
In determining the highest point of a building or structure (Figure 4.2), elements that are not
essential to the structure of the building or structure shall not be considered, including but not
limited to the following:
(a) elevator housing;
(b) mechanical housing;
(c)
roof entrances;
(d) ventilation fans;
(e) skylights;
(f)
solar collectors;
(g) wind energy systems;
(h) steeples;
(i)
antennas;
(j)
smokestacks or chimneys;
(k)
fire walls;
(l)
parapet walls; and
(m) flagpoles.
Figure 4.1: Approach Distances
Figure 4.2: Building Height
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 23
4.3
Building Width
4.3.1
The width of a building or structure (Figure 4.3) shall be the
distance between the outer surface of the exterior walls, measured
at grade.
4.4
Corner and Through Lots
4.4.1
A through lot (Figure 4.4) shall have a front yard on each parallel
road in accordance with the front yard requirements of the
applicable land use district.
4.4.2
The front lot line of a corner lot shall be the narrower of the lot lines abutting a road, excluding a
lane, except where the lot lines of a corner lot are equal,
in which case the Development Officer shall determine
the location of the front lot line.
4.4.3
No finished grade within the area defined as a sight triangle on a
corner lot shall exceed the general elevation of the road by more
than 0.6 m (2 ft) (Figure 4.5).
4.4.4
Notwithstanding any other provision contained in this Bylaw, no
person shall place or maintain any object, structure, fence, hedge,
shrub, or tree within a sight triangle if, in the opinion of the
Development Officer, such objects or structures interfere with traffic
safety.
4.4.5
Notwithstanding any other provision of this Bylaw, the minimum
exterior side yard setback on a corner lot in a
residential district that has a minimum width of
12.2 m (40 ft) or less may be reduced to 1.5 m (5
ft) provided the sight triangle is maintained.
4.5
Design, Character and Appearance of
Buildings
4.5.1
The quality of exterior treatment and design of all
buildings shall be to the satisfaction of the
Development Officer.
4.5.2
Pursuant to 4.5.1, the Development Authority may
consider the following when reviewing
development proposals in all Land Use Districts:
(a) The design, character and appearance of all buildings with respect to their compatibility with
any other buildings existing in the vicinity;
(b) The design of the building must be consistent with the purpose of the Land Use District in
which it is located.
4.6
Dwelling Units on a Lot
4.6.1
No person shall construct or cause to be constructed more than 1 dwelling unit per lot.
4.6.2
Section 4.6.1 does not apply to:
(a) a secondary suite in accordance with 5.13;
(b) duplex dwellings;
(c) multi-unit dwellings;
(d) manufactured homes within an approved manufactured home park.
Figure 4.4: Corner and Through Lots
Figure 4.5: Sight Triangle
Figure 4.3: Building Width
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 24
4.7
Exterior Storage
4.7.1
Exterior storage associated with an approved development permit shall be kept in a clean and
orderly manner at all times and shall be screened from roads and adjacent residential uses to the
satisfaction of the Development Officer.
4.7.2
Exterior display of goods and materials shall normally be temporary and shall be arranged and
maintained in a clean and orderly manner. The location of an exterior display shall be to the
satisfaction of the Development Officer.
4.7.3
Any exterior storage or display shall not unduly interfere with the amenities of the neighbourhood
or materially interfere with the use, enjoyment or value of neighbouring lots.
4.7.4
Any exterior storage or display shall not interfere with pedestrian or vehicular circulation or occupy
any required parking stalls.
4.8
Fencing and Screening
4.8.1
The Development Officer may require screening to be provided in order to visually separate areas
that detract from the surrounding properties. Special attention shall be given to developments that
are visible from roads. The construction and materials of the screen and landscaping shall be of a
quality to the satisfaction of the Development Officer.
4.8.2
No fence shall be constructed or hedge allowed to grow that is:
(a)
greater than 1.8 m (6 ft) in height in a side or rear yard, or
(b)
higher than 1 m (3 ft) in a front yard, or
(c)
in the case of a corner lot, more than 1 m (3 ft) high within the sight triangle, regardless of
whether or not a corner cut-off has been taken.
4.8.3
A solid fence of 1.8 m (6 ft) in height shall be provided on commercial or industrial lots that abut
residential sites.
4.8.4
Notwithstanding 4.8.3, the maximum height of a fence in the M1 or UR district shall be at the
discretion of the Development Officer.
4.8.5
Where a fence has been permitted to be higher than 1.8 m (6 ft) in the M1 or UR district, no
barbed wire shall be permitted below a height of 1.8 m (6 ft). This requirement may be varied by
the Development Officer in an area where residences would not be in close proximity to the
proposed fence.
4.8.6
The electrification of fences is not permitted.
4.8.7
Fence materials shall be limited to chain-link, wood, composite wood, or preformed plastic
product. Barbed wire fences are not permitted in residential or the C1 or HD districts.
4.9
Landscaping
4.9.1
Any portion of a site area not occupied by buildings, parking, storage, or required for vehicle
circulation shall be landscaped or maintained in its natural state. Landscaping may consist of
hard landscaping, soft landscaping, or some combination of them. The provision of landscaping
may be a condition of the issuance of a development permit for any new development.
4.9.2
Where landscaping is required, the applicant may be required to provide a landscape plan for the
subject site.
4.9.3
If the proposed development is abutting a residential district, a landscaped buffer of a minimum 3
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 25
m (10 ft) in width shall be provided consisting of:
(a) a mix of deciduous and coniferous trees with at least 60% of these trees being coniferous;
(b) trees that are at least 6.1 m (20 ft) high at maturity; and
(c) shrubs that are at least 1.8 m (6 ft) high at maturity, if in the Development Officer¶V RSiQiRQ,
additional screening is required.
4.9.4
All landscaping and planting required must be carried out to the satisfaction of the Development
Officer within 1 year (weather permitting) of occupancy or commencement of operation of the
proposed development.
4.10
Lighting
4.10.1 Any lighting proposed to illuminate areas in any district shall be located and arranged so that all
direct rays of light are directed upon the area to be illuminated and not on any adjoining
properties or roads.
4.11
Lot Coverage
4.11.1 Lot coverage shall be calculated as a percentage by dividing the
total amount of building footprint on a lot by the total lot area.
4.11.2 For the purposes of calculating lot coverage (Figure 4.6), the
building footprint shall not include hard surfaced areas such
as patios and driveways.
4.11.3 For the purposes of calculating lot coverage, the building
footprint shall include:
(a) the principal building;
(b) accessory buildings or carports;
(c)
porches or verandas;
(d) any portion of an upper storey that projects beyond the
perimeter of the main floor area; and
(e) raised decks.
4.12
Objects Prohibited or Restricted in Yards
4.12.1 No person shall keep in any part of a lot in a residential district:
(a) any dismantled or derelict vehicle, unless the vehicle is stored within a lawfully permitted
covered structure and the stored vehicle is not visible from any location beyond the property
upon which it is stored; or
(b) any commercial vehicle, loaded or unloaded with a gross vehicle weight (GVW) rating in
excess of 5,500 kg (12,125 lb), excepting commercial delivery vehicles during the time
reasonably necessary to load or unload the vehicle;
(c) more than 2 cords of firewood on a residential lot, unless stored in a fully enclosed
accessory building or temporary building that meets the requirements of this Bylaw.
4.12.2 No excavation, equipment, or construction material shall be maintained on a lot for any period
longer than is reasonably necessary to complete construction, except where authorized in a
development permit.
4.12.3 One recreational vehicle may be parked on a lot in a residential district for living and sleeping
accommodation by a bona fide tourist for a period not to exceed 30 days within any given 6
month period.
4.12.4 No more than 2 recreational vehicles shall be stored or parked on a lot, except where approved
by the Development Officer.
Figure 4.6: Lot Coverage
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 26
4.13
Parking and Loading
4.13.1 On-site parking shall be provided in accordance with Table 4.1 and in accordance with any
special accessibility requirements provided under the Safety Codes Act.
Table 4.1: Parking Requirements
Land Use
Minimum Requirement
Residential
Single Detached Dwelling, Accessory
Dwelling
2 stalls
Duplex
2 stalls per unit
Multi-Unit Dwelling
Studio Unit
1 Bedroom Unit
2 Bedroom Unit
3+ Bedroom Unit
Visitor Parking
1 stall per unit
1 stalls per unit
1.5 stalls per unit
2 stalls per unit
1 stall per 10 units
Secondary Suite
1 stall in addition to principal dwelling
requirement
Boarding House
1 stall per 2 beds
Group Home
1 stall per 3 beds plus 1 stall for staff
Manufactured Home Park
2 stalls per site plus 1 stall for visitor
parking per 4 sites
Commercial
Professional Services, Personal Services,
Dealership, Equipment Sales/Rental/Repair
1 stall per 500 ft2 of GFA
Financial Services, Child Care Facility,
Cannabis Retail, Retail Store
1.5 stalls per 500 ft2 of GFA
Restaurant, Commercial Entertainment
Facility
1 stall per 4 seats
Drinking Establishment
1 stall per 3 seats
Service Station, Gas Bar
0.75 stall per fueling position or 1.5
stalls per 500 ft2 of GFA, whichever is
greater
Car and Truck Wash
0.75 stall per employee on a maximum
working shift
Recreation (Indoor)
2 stalls per 500 ft2 of GFA
Mini Storage
1 stall per 750 ft2 of GFA
Hotel, Motel
0.9 stall per unit
Where a hotel and/or restaurant and/or
drinking establishment are grouped in
any combination on a site, the required
number of parking spaces may be
reduced to the discretion of the
Development Authority to 75% of the
combined total of all specific uses.
Public Uses
Community Hall
1 stall per 3.5 seats or 1 stall per 35 ft2
of GFA, whichever is greater
Religious Assembly
1 stall per 5 seating spaces
Residential Care Facility
1 staff per employee plus 1 visitor stall
per 3 units
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 27
Land Use
Minimum Requirement
School
Elementary
Junior/Senior High
1 stall per classroom
2 stalls per classroom
Hospital
To be determined by parking demand
study
Industrial
General Industrial, Manufacturing,
Warehouse, Contractor, Storage Yard,
Greenhouse, Nursery, Public Utility, Trucking
Operation
0.75 stall per employee on a maximum
working shift
All Other Uses
1 stall per 400 ft2 of GFA
4.13.2 Where multiple businesses are located within walking distance and part of a single development
permit, the Development Officer may allow a maximum reduction of 20% to the parking
requirement to account for multiple uses sharing parking.
4.13.3 When a building is altered or changed in use, in such a manner as to cause an intensification of
the use, provision shall be made for the additional parking stalls required. The required parking
shall be based only on the number of additional parking spaces required due to the enlargement,
change in use, or intensification of the use of the building.
4.13.4 Parking stalls shall be located on the same site as the building or the use in respect of which it
is required and shall be designed, located and constructed so that it is accessible and properly
maintained.
4.13.5 Notwithstanding 4.13.4, the Development Officer may allow for the required number of parking
spaces to be fulfilled by:
(a) accepting payment in lieu on the number of deficient spaces that would be applied to the
construction of an off-site parking lot. The payment shall be based on the amount of money
Council by resolution considers reasonable in return for the equivalent parking space to be
provided in the area, or
(b) providing credit equivalent to the number of on-street stalls available on the street frontage
abutting the development site, or
(c) a combination of (a) and (b).
4.13.6 A parking space shall meet the minimum requirements outlined in Table 4.2 and Figure 4.7.
Table 4.2: Parking Stall Dimensions
Angle of
Parking
A
Width of Stall
B
Width of Aisle
C
Depth of Stall
Perpendicular to Aisle
D
30
2.5 m for
residential use,
2.7 m for other
uses
3.5 m
5.1 m
45
3.7 m
6.0 m
60
5.5 m
6.4 m
90
7.0 m
6.0 m
Parallel
3.5 m
7.0 m stall length
4.13.7 Any loading space shall be a minimum of:
(a) 28 m2 (301 ft2) in area,
(b) 3.5 m (11.5 ft) in width, and
(c) 4 m (13 ft) of overhead clearance.
4.13.8 Any parking stall or loading space provided shall be developed and surfaced to the satisfaction of
the Development Officer.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 28
Figure 4.7: Parking Stall Dimensions
4.13.9 Every on-site parking stall provided or required in any commercial district and the access
thereto, including the whole area contained within the municipal land to which the curb crossing
applies, shall be hard surfaced if the access thereto is from a road or lane that is hard surfaced.
4.13.10 Adequate curbs, concrete bumpers or fences shall be provided to the satisfaction of the
Development Officer if it is or becomes necessary to protect adjacent fences, walls,
boulevards, landscaped areas or buildings on the site, or an abutting site from contact with
vehicles using such parking space or area.
4.13.11 On-site parking shall be provided in the manner shown on the approved site plan with the
entire area to be graded so as to ensure that drainage will be confined to the site and
disposed of in a manner that is satisfactory to the Development Officer.
4.13.12 For all commercial, public and recreational uses, a portion of the parking area nearest the
principal building shall be designated for use by the handicapped to the satisfaction of the
Development Officer.
4.14
Permitted Encroachments
4.14.1 The portions of and attachments to a main
building or accessory building that may project
over or on a yard are:
(a) on a site in a residential district, a cornice,
sill, a canopy or eaves that project for a
distance not exceeding one-half of the
minimum side yard required for the lot;
(b) a chimney which projects 0.6 m (2 ft) or
less provided that in each case it is not
less than 0.9 m (3 ft) from the side
boundary of the site;
(c) unenclosed steps with or without a landing
and above the surface to the yard if they
do not project more than 2.4 m (8 ft) over
or on a minimum front or rear yard;
(d) solar collectors that are mounted on the side of a building (Figure 4.8).
4.15
Relocation of Buildings
4.15.1 Where a development permit for a use has been granted for the relocation of a building on the
same site or from another site, the Development Officer may require the applicant to provide:
(a)
a performance bond or letter of credit of such amount to ensure completion of any
Figure 4.8: Permitted Encroachments
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 29
renovations set out as a condition of approval of a development permit;
(b)
aQ eQgiQeeU¶V ceUWificaWe WR cRQfiUP WhaW Whe bXildiQg iV VWUXcWXUall\ VRXQd WR Whe VaWiVfacWiRQ Rf
the Development Officer; and
(c)
current colour photographs of all sides of the building, to the satisfaction of the Development
Officer.
4.15.2 Relocations and associated renovations shall be completed within 1 year of the issuance of a
development permit for the same.
4.15.3 Costs for damages and repair to municipal infrastructure arising from or caused by relocation
shall be the responsibility of the applicant and/or developer and shall be paid to the Municipality
on demand.
4.16
Removal of Topsoil and Site Grading
4.16.1 Stripping, excavating or grading of land that is required solely for the development of a site may
only occur after a development permit has been approved for the proposed development on that
site.
4.16.2 For the purpose of this section, stripping and grading refers to those activities required for
construction or building purposes.
4.16.3 Notwithstanding 4.16.2, the removal of topsoil from agricultural lands shall only be permitted if
required in order to prepare the subject land for an approved development. If top soil is proposed
to be removed for any other purpose, such activity shall require a development permit.
4.16.4 No drainage measures undertaken as part of a development shall negatively impact adjacent lots
by way of flooding or inundation through the redirection of surface water. In the event that a
development is found to affect neighbouring lands, all required mitigation measures required to
remedy the problem including drainage structures, drainage easements, and retaining walls, shall
be aW Whe deYelRSeU¶V VRle expense.
4.16.5 The Development Officer may require the applicant to submit a grading plan in support of a
development permit application.
4.17
Risk Assessment
4.17.1 Where an application for a development permit is for an activity that involves the use or storage of
hazardous substances, the Development Officer may require the applicant to submit a Risk
Assessment prepared by an environmental professional such as an engineer, biologist, planner,
geologist or hydrogeologist. The Development Officer may impose any conditions necessary to
mitigate the risks associated with the use or storage of hazard substances identified in the
assessment. The Risk Assessment shall:
(a) identify hazardous substances and their quantities;
(b) estimate the expected frequency of the occurrence of a hazardous event;
(c) assess the possible consequences of such an event;
(d) determine annual individual risk and compare to Major Industrial Accidents Council of
Canada (MIACC) risk acceptability criteria;
(e) demonstrate how the proposed facility and operations shall contribute to the following risk
management objectives:
(f)
risk reduction at source (siting of facilities, modifications to processes, conformity to
legislation e.g. the Safety Codes Act, the Dangerous Goods Transportation and Handling
Act, monitoring, technical changes, training, etc.);
(g) risk reduction through land use planning around industrial Sites and pipeline and dangerous
goods corridors;
(h) emergency preparedness;
(i)
emergency response;
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 30
(j)
risk communication and public participation, and
(k) identify and recommend risk-based separation distances and other mitigative measures to
reduce risk.
4.17.2 At the discretion of the Development Officer, the applicant applying for a use pursuant to this
Section shall provide an approved site plan from the appropriate Provincial agencies prior to a
development permit being issued.
4.17.3 Notwithstanding any other regulations in this Bylaw, any industrial and commercial uses that
involve the manufacture, storage, handling, distribution or disposal of explosives and/or chemical
materials or products shall not be located on sites that, in the opinion of the Development Officer,
would be considered unsafe or may unduly interfere with, or affect the use, enjoyment or value of
neighbouring properties.
4.17.4 Environmental Site Assessments
(a) The Development Officer may require that an applicant, in support of a subdivision or
development permit application, to submit a Phase I Environmental Site Assessment (ESA)
for the subject property.
(b) The Phase I ESA shall be prepared in accordance with Canadian Standards Association
requirements, and shall include:
(i)
an analysis of the subject property in terms of historical use;
(ii) a determination of the level and extent of any contamination;
(iii) a review of sampling undertaken;
(iv) the existence of above and/or below ground tanks; and
(v) any other matters deemed necessary by the Development Officer.
(c) The Phase I ESA will be referred to Alberta Environment for comments.
(d) If the Phase I ESA determines a likelihood of contamination, a Phase II and III ESA may be
required prior to the Development Officer making a decision with respect to the application.
4.18
Sewage Disposal Systems
4.18.1 All developments serviced by a private sewage disposal system are required to meet the
requirements of the Alberta Private System Standard of Practice 2015 or successor documents.
4.19
Transportation
4.19.1 A Roadside Development Permit shall be required from Alberta Transportation pursuant to the
Highway Development and Protection Act and the Highway Development and Protection
Regulation, and amendments thereto, for all developments occurring within 300 m (984 ft) of a
highway right-of-way boundary, or within 0.8 km (0.5 mi) of an intersection of a highway with a
municipal road.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 31
SECTION 5 SPECIAL REGULATIONS
5.1
Accessory Buildings and Uses
5.1.1
For the sole purpose of calculating yard setbacks and lot coverage requirements as provided in
this Bylaw, when an accessory building is attached to the principal building, it is to be considered
a part of the principal building and not as an accessory building.
5.1.2
Unless otherwise permitted in this Bylaw, any accessory building or use erected on a site in any
Land Use District shall not be used as a dwelling.
5.1.3
In a residential district, no accessory building or use shall be located in the front yard or exterior
side yard of any principal building.
5.1.4
The minimum side and rear yard setback for an accessory building shall be 1.5 m (5 ft).
5.1.5
Notwithstanding 5.1.4, where access to a rear yard is obtained via a developed lane, an
accessory building used as a garage shall have a minimum rear yard setback of 6.1 m (20 ft)
where the vehicle entrance faces the lane.
5.1.6
Notwithstanding 5.1.4, an accessory building may be constructed to the lot line provided that it
shares a common wall with an accessory building on the adjacent lot or if a fire rated wall
meeting the requirements of the Alberta Building Code is provided. There will be no overhang of
eaves and all drainage is confined to the site.
5.1.7
An accessory building shall be located a minimum distance of 1.8 m (6 ft) from a principal
building.
5.1.8
Notwithstanding any other provision of this Bylaw, an accessory building shall not exceed the
height of the principal building in a residential district.
5.1.9
In a residential district, the combined area of all accessory buildings shall not exceed 10% of the
lot area.
5.2
Cannabis
5.2.1
A Cannabis Production Facility shall be located a minimum distance of 305 m (1,000 ft) from a
dwelling, school site, or residential parcel.
5.2.2
A Cannabis, Retail use shall be located a minimum distance of
(a) 305 m (1,000 ft) from a school site;
(b) 100 m from a Provincial Health Care Facility; or
(c) 100 m (328 ft) from a lot that is designated as Municipal Reserve on the land title but is not a
school site.
5.2.3
For the purpose of this Section:
(a) The minimum separation distance between a dwelling and a Cannabis Production Facility
shall be established by measuring the shortest distance between the external wall of the
nearest dwelling and the boundary of the Cannabis Production Facility.
(b) The minimum separation distance between a residential parcel and a Cannabis Production
Facility shall be established by measuring the shortest distance between the boundary of the
residential parcel or school site and the boundary of the Cannabis Production Facility.
(c) The minimum separation distances under 5.2.2 shall be established by measuring the
shortest distance between the lot lines of the parcels containing the uses to be separated.
(d) Provincial Health Care Facility means an approved hospital as defined in the Hospitals Act.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 32
5.3
Car Washes
5.3.1
The minimum site lot area for a car wash shall be 743 m2 (8,000 ft2) and shall contain storage
space for 10 vehicles prior to their entry into any part of the cleaning process. In the case of a
service station including a car wash, the minimum site area shall be 1,115 m2 (12,000 ft2).
5.4
Child Care Facilities
5.4.1
A child care facility shall comply with the provisions of the Provincial Day Care Regulations
concerning site requirements, development standards and licensing.
5.5
Communication Towers and Antennas
Note:
Industry Canada is responsible for regulating radio communication in Canada and for authorizing
the location and height of radio communication facilities, including radio, television and microwave
transmission facilities. In making its decision regarding transmission, communication and related
facilities, Industry Canada considers the following:
x the input provided by the land-use authority;
x cRPSliaQce ZiWh TUaQVSRUW CaQada¶V SaiQWiQg aQd lighWiQg UeTXiUePeQWV fRU aeURQaXWical safety;
x HealWh CaQada¶V VafeW\ gXideliQeV UeVSecWiQg liPiWV Rf e[SRVXUe WR UadiR fUeTXeQc\ fieldV; and,
x an environmental assessment may be required in order to comply with the federal
Environmental Assessment Act.
5.5.1
No person shall construct or cause to be constructed a communication tower or antenna system
unless a development permit has first been issued in accordance with this Bylaw.
5.5.2
The Development Authority shall submit a letter of concurrence to Industry Canada upon
completion of a processed application detailing:
(a) its opinion as to whether the location of a new telecommunications facility is appropriate from
the Municipality¶V laQd XVe perspective;
(b) whether or not, in the Municipality¶V opinion, adequate public consultation has been
conducted by the carrier; and
(c) the degree to which the carrier has met the regulations in this section as they relate to
location, design and visual impact.
5.6
Decks
5.6.1
A deck may encroach up to 1.5 m (5 ft) into a required front yard setback provided that the deck
is uncovered and unenclosed by walls, lattice or other similar material.
5.6.2
Decks that are covered and/or enclosed from above shall be considered an addition to the
principal building. A covered and/or enclosed deck is required to meet the district requirements
for the principal building and is included in the lot coverage calculation.
5.6.3
Decks that are attached to a side-side duplex dwelling or a multi-unit dwelling may extend to the
common lot line between units if the deck is provided with a privacy wall.
5.6.4
At the discretion of the Development Officer, a deck may encroach into any required yard where
the deck is designed to accommodate access to a dwelling for a person with a mobility disability.
5.6.5
A ground level deck may be built within 15 cm (0.5 ft) of an interior side lot line and up to a rear
lot line.
5.6.6
A raised deck shall be set back a minimum of 1.5 m (5 ft) from an interior side lot line and 4.6 m
(15 ft) from a rear lot line.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 33
5.7
Drive-Through Businesses
5.7.1
Notwithstanding the applicable district regulations, drive-through businesses shall not be located
on a site that in the opinion of the Development Officer would be considered unsafe in terms of
vehicle circulation, access and egress.
5.7.2
Exits and entrances shall be as approved by the Development Officer and circulation within the
lots shall be one-directional and adequately signed.
5.7.3
Where a drive-through business is abutting a residential district, screening shall be provided to
the satisfaction of the Development Officer.
5.8
Gas Bars and Service Stations
5.8.1
Site Area and Coverage:
(a) The minimum site area for a gas bar or service station shall be 557 m2 (6,000 ft2) and the
maximum site coverage shall be 15%.
(b) Where a service station forms part of a shopping centre development, the minimum site
area and maximum building coverage may be varied at the discretion of the Development
Officer.
5.8.2
Site and Building Requirements:
(a) All parts of the site to which vehicles may have access shall be paved if the property is
accessed from a paved road or lane, and graded to ensure proper drainage to the
satisfaction of the Development Officer.
(b) No activity may be carried on which constitutes a nuisance to adjacent properties by reason
of dust, noise, gases, odours, smoke or vibration.
(c) The site of the building shall be maintained in a clean and tidy condition and free from all
rubbish and debris.
5.9
Group Homes
5.9.1
A group home shall not generate pedestrian or vehicular traffic in excess of that which is
characteristic of the Land Use District in which it is located.
5.9.2
An application for a group home shall be reviewed on its individual merits. In reviewing the
proposed location for a group home, the Development Officer shall consider:
(a) the compatibility of the facility with development on adjacent properties,
(b) the proposed separation distance from neighbouring developments,
(c) proposed servicing,
(d) potential traffic generation, and
(e) accessibility.
5.10
Home Based Business
5.10.1 Home based businesses shall be limited to those uses that are approved by the Development
Officer. Those uses shall not interfere with the rights of other residents to the quiet enjoyment of
their properties, or create a nuisance by way of dust, noise, smell, smoke, or traffic generation.
5.10.2 Home based businesses shall be evaluated in accordance with the criteria outlined in Table 5.1:
Table 5.1: Home Based Business Criteria
Criteria
Major Home Based Business
Minor Home Based Business
Location
Shall be incidental and subordinate to
the residential use and shall be
restricted to the residential site.
Shall be an incidental and subordinate use to
the principal residential use and shall be
restricted to the dwelling unit.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 34
Criteria
Major Home Based Business
Minor Home Based Business
Exterior
Storage
None.
Indoor storage related to the business
activity shall be allowed in the dwelling
or accessory buildings.
None.
Commercial
Vehicles
Maximum of 3.
None larger than a pickup or cargo van on site
(deliveries only).
Employees
Maximum of 2 other than the resident
and PePbeUV Rf Whe UeVideQW¶V faPil\
who permanently reside in the
dwelling.
None other than the resident and members of
Whe UeVideQW¶V faPil\ ZhR SeUPaQeQWl\ UeVide iQ
the dwelling.
Size
Limited to lot.
Limited to residence.
Signage
1 unlit sign maximum 2 m2 (21.5 ft2) in
size.
No display of commercial advertising, wares or
products discernible from the outside of the
building, but may display an unlit sign that is a
maximum of 2 m2 (21.5 ft2).
Alterations to
Building
No alterations to principal or
accessory building unless approved
by the Development Officer as part of
a development permit application.
No alterations to principal building unless
approved by the Development Officer as part of
a development permit application.
5.10.3 No home based business shall create any nuisance by way of dust, noise, smell, smoke,
unsightly premises or traffic generation.
5.10.4 Home based business proposals respecting such uses as personal service establishments, food
preparation (including bottling of water), child care facilities, and bed and breakfast
establishments are required to conform to the standards administered by the local Health
Authority and to obtain all necessary licenses required under the applicable legislation.
5.10.5 A major home based business shall not be allowed if, in the opinion of the Development Officer,
the proposed business would be more appropriately located in a commercial or industrial district,
having regard for the compatibility of the proposed use with the residential character of the
neighbourhood.
5.10.6 An application for a development permit for a home based business shall include:
(a) a description of the business to be undertaken at the premises;
(b) an indication of the number of business visits per week,
(c) details for the provision of parking; and
(d) where any materials or equipment associated with the business use are to be stored.
5.10.7 A development permit for a home based business may be issued on a temporary basis and may
be subject to annual review/reissuance.
5.11
Manufactured Homes
5.11.1 Manufactured homes older than 10 years shall not be approved unless at the discretion of the
Development Officer.
5.11.2 All manufactured homes must conform to Canadian Standards Association (CSA Z240)
certification and all skirting, accessory structures, additions and porches shall be of sound
construction and appearance to the satisfaction of the Development Officer.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 35
5.11.3 Manufactured homes shall be placed on a permanent foundation.
5.11.4 Axles, wheels, running gear and towing tongues shall be removed before the manufactured home
is installed on a permanent foundation conforming to the requirements of the Alberta Building
Code.
5.11.5 Any modifications, extensions, or additions (including, without restriction, a patio, porch, or
exterior stairway) to a manufactured home shall be:
(a) constructed of pre-fabricated materials that are consistent in appearance, performance, and
safety as the exterior of the manufactured home;
(b) installed in the same manner as the manufactured home;
(c) completed within 30 days from the date that the modification, extension or addition was
commenced, unless otherwise authorized in the development permit.
5.11.6 The undercarriage of a manufactured home shall be completely screened from view by the
foundation, by flame-proof skirting or by such other means satisfactory to the Development
Officer.
5.12
Religious Assembly
5.12.1 Maximum height requirements may be exceeded only if one extra foot of side yard per foot over
maximum height requirements is provided.
5.12.2 The site upon which a church is situated shall have a minimum width of 30 m (98.5 ft) and a
minimum area of 930 m2 (10,010 ft2).
5.12.3 In the case where a manse, rectory, parsonage or other building for a minister's residence is to
be erected on the same site as the church, the combined area of the site shall not be less than
1,390 m2 (14,962 ft2).
5.13
Secondary Suites
5.13.1 A secondary suite may be developed only in a single detached dwelling and only where listed as
a permitted or discretionary use.
5.13.2 A maximum of 1 secondary suite shall be allowed per principal building.
5.13.3 A secondary suite shall not be allowed in an accessory building.
5.13.4 A secondary suite shall not exceed 40% of the total floor area of the principal building, including
upper floors and basement combined, or 90 m2 (969 ft2), whichever is less, and shall not be
smaller than 38 m2 (409 ft2).
5.13.5 A separate entrance door shall be required for a secondary suite, but shall not be located on any
front building elevation facing a road. Notwithstanding this requirement, however, a single entry
door providing access to an enclosed, shared entry area may be provided.
5.13.6 One on-site parking stall shall be provided per secondary suite for the exclusive use of the
occupant of the secondary suite, in addition to any other parking stalls required to serve the
principal building.
5.14
Signs
5.14.1 Except where provided for in 6.1.2(t), no sign of any advertising, directional or informative nature
shall be erected on land or affixed to any exterior surface of any building or structure, including
the alteration or relocation of an existing sign, unless an application for this purpose has been
approved by the Development Officer.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 36
5.14.2 With the exception of signs that do not require a development permit, no signs or advertising
structures shall be erected on or affixed to private property without the prior written consent of the
property owner or tenant. A copy of the consent shall be submitted with the development permit
application.
5.14.3 In applying for a development permit for a sign, the applicant shall provide complete sign details
(i.e. size, colour, layout, construction materials, location, etc.).
5.14.4 An application for 1 or more signs shall not be approved if, in the opinion of the Development
Officer, the sign:
(a) displays an intermittent, flashing or rotating light or lights or has rotating or moving parts;
(b) unduly interferes with the amenities of the area;
(c) materially interferes with or affect the use, enjoyment or values of neighbouring properties;
(d) creates a safety hazard; or
(e) displays lighting of an intensity and colour that may interfere with or be confused with an
authorized traffic sign or traffic control device.
5.14.5 All signs shall be kept in good repair and maintained in a manner satisfactory to the Development
Officer.
5.14.6 Freestanding signs shall be set back a minimum of 1 m (3 ft) from a lot line.
5.14.7 The Development Officer my require the removal of any permanent sign that is or has become
unsightly, or is in such a state of disrepair as to constitute a hazard.
5.14.8 On an industrial site:
(a) no sign shall project more than 1.5 m (5 ft) above the top of any main wall or parapet to
which it is affixed, unless it has been designed as an integral part of the building; and
(b) no sign shall be illuminated unless the source of light is steady and suitably shielded.
5.14.9 On a commercial site:
(a) a maximum of 2 signs shall be allowed on the premises;
(b) the signs shall be properly spaced in order to ensure traffic safety and maintaining the
appearance of the commercial area;
(c) no sign shall be illuminated unless the source of light is suitably shielded; and
(d) signs shall not project from the face of the building a distance exceeding 1.5 m (5 ft).
5.14.10 Any sign, notice or advertising device shall require approval from Alberta Transportation if it is
erected within
(a) the limits of the right-of-way of any highway;
(b) 305 m (1,000 ft) from any right-of-way limit of a highway; or
(c) 800 m (0.5 mi) of the centre point of the intersection of a highway with another highway or a
public road.
5.15
Solar Collectors
5.15.1 Solar collectors may be affixed to a building or structure wall, mounted to the roof of a building or
structure, or mounted to the ground as a free-standing structure. The maximum number of solar
collectors per lot and location shall be at the discretion of the Development Officer.
5.15.2 Solar collectors must be located such that they do not create undue glare on neighbouring parcels or
public roads.
5.15.3 Solar collectors mounted to the roof of a building or structure must not extend beyond the outermost
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 37
edge of the roof.
5.15.4 The maximum projection of solar collectors affixed to the wall of a building or structure in a residential
district shall be:
(a) 1.5 m (5 ft) from the surface of a wall that faces a rear lot line; and
(b) In all other cases, 0.6 m (2 ft) from the surface of that wall.
5.15.5 Free-standing solar collectors shall be subject to the setback requirements for accessory buildings.
5.15.6 The maximum height of a free-standing solar collector shall not exceed 2.4 m (8 ft).
5.16
Solar Energy Facilities
5.16.1 The applicant shall obtain and demonstrate compliance with all relevant Alberta Utilities
Commission and other provincial and federal permits, approvals and licenses.
5.16.2 An environmental impact assessment may be required by the Development Officer.
5.16.3 The Development Officer may require landscaping in addition to the regulations described in 4.8.
5.16.4 The Development Officer, at its discretion, may require the development permit application to
include a proposal for the reclamation of the lot, prepared by a qualified professional, and other
documentation or studies in support of the application.
5.17
Temporary Storage
5.17.1 Sea-cans shall not be located:
(a) On a lot in a residential district, or
(b) In the front yard of a lot in any other district;
5.17.2 Sea-cans shall not be stacked one upon the other.
5.17.3 Sea-cans shall be screened from public view to the satisfaction of the Development Officer, and
shall be painted or finished to match the principal building on the subject lot.
5.17.4 A temporary structure being used as a garage shall not be located in the front yard of a lot in a
residential district.
5.18
Wind Energy Conversion Systems (WECS), Small Scale
5.18.1 A development permit application for a Small Scale WCES shall meet or exceed all provincial and
fedeUal UegXlaWiRQV aQd Vhall iQclXde Whe PaQXfacWXUeU¶V VSecificaWiRQV iQdicaWiQg:
(a) the WECS rated output in kilowatts;
(b) safety features and sound characteristics;
(c) type of material used in tower, blade, and/or construction;
(d) turbine height;
(e) blade diameter and rotor clearance;
(f)
Canadian Standards Association approval, if applicable;
(g) potential for electromagnetic interference;
(h) nature and function of over speed controls that are provided;
(i)
specifications on the foundations and/or anchor design, including location and anchoring of
any guy wires;
(j)
information demonstrating that the system will be used primarily to generate on-site
electricity;
(k) location of existing buildings or improvements; and
(l)
an analysis for noise to any residences located within a 200 m radius of the proposed
WECS.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 38
5.18.2 Prior to making a decision on a development application for a Small Scale WECS, the
Development Officer may refer and consider the input of any authorities having jurisdiction and
any applicable legislation.
5.18.3 Notwithstanding the maximum height provisions applicable to a site, the total height of a Small
Scale WCES may exceed the maximum building height of a District by a maximum of 1.8 m (6 ft).
5.18.4 The blade clearance of a Small Scale WCES shall be a minimum of 4.6 m (15 ft) above grade.
5.18.5 A Small Scale WECS shall meet the setback requirements of the Land Use District in which it is
to be located.
5.18.6 Notwithstanding 5.18.5, a Small Scale WECS shall be set back from any lot line a minimum
distance equal to the height of the structure.
5.18.7 The maximum diameter of the blades shall be 3 m (10 ft).
5.18.8 A maximum of 1 Small Scale WECS shall be allowed on a lot.
5.18.9 A Small Scale WCES shall comply with the following:
(a) the system shall be equipped with manual and automatic over speed controls;
(b) the conformance rotor and over speed control design and fabrication to good engineering
practices shall be certified by a licensed mechanical, structural or electrical engineer.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 39
SECTION 6 ADMINISTRATIVE PROVISIONS
6.1
When Development Permits Are Required
6.1.1
Except as provided in 6.2, no person shall undertake any development unless:
(a)
a development permit has first been issued pursuant to this Bylaw, and
(b)
it is in accordance with the terms and conditions of a development permit issued pursuant to
this Bylaw.
6.2
When Development Permits Are Not Required
6.2.1
A development permit is not required for the following developments provided they comply with
the regulations:
(a) works of maintenance or repair to any structure if such work does not include structural
alterations, and does not change the use or intensity of the use of the structure;
(b) the completion of a building that was lawfully under construction at the date this Bylaw
comes into full force and effect, provided that the building is completed in accordance with
their terms of any permit granted by the Municipality, subject to the conditions of that permit;
(c) the erection, construction, or maintenance of fences, gates or other means of enclosure less
than 1.8 m (6 ft) in height in a rear and side yard, and less than 1 m (3 ft) in height in a front
yard;
(d) a temporary building, the sole purpose of which is incidental to the erection or alteration of a
permanent building, for which a development permit has been issued;
(e) the construction and maintenance of that part of a public utility placed in or upon a public
road, easement, or public utility lot;
(f) the construction, maintenance, and repair of private walkways, private pathways, private
driveways and similar works;
(g) municipal projects undertaken by government authorities including the construction of roads,
bridges, drainage ditches, public utilities, parks and the erection of signs;
(h) the use of a building or part thereof as a temporary polling station for a Federal, Provincial or
Municipal election or referendum;
(n) an official notice, sign, placard, or bulletin required to be displayed pursuant to the provisions
of Federal, Provincial or Municipal legislation;
(o) one accessory building that does not exceed 9.3 m2 (100 ft2) in area and that is accessory to
a permitted use;
(p) the erection or installation of machinery needed in connection with operations for which a
Development Permit has been issued, for the period of those operations;
(q) stripping or stockpiling of soil, installation of utilities and construction of roads in a
subdivision area when a development agreement has been duly executed;
(r)
the continued agricultural use of a parcel that is assessed as farmland and used for
extensive agricultural operations;
(s) low level decks;
(t)
one temporary, on-site sign that does not exceed 1 m2 (11 ft2) in area nor 1.2 m (4 ft) in
height and is intended for:
(i)
advertising the sale or lease of a dwelling unit, or property,
(ii) identifying a construction or demolition project for which a development permit has been
issued for such a project,
(iii) identifying a political or charitable campaign. Such signs shall be removed after said
campaign drive;
(u) the keeping of animals, other than livestock, for personal use only and in a manner and
number that conforms with the Animal Control Bylaw, as amended;
(v) a sea-can located on a lot in the HD or M1 District.
6.3
Development Permit Applications
6.3.1
An application for a development permit shall be made to the Development Officer in writing on
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 40
the prescribed form, and shall be signed by the registered owner, applicant or his authorized
agent. In the event that the registered owner is not the applicant for a development permit, then
consent of the registered owner shall be required.
6.3.2
The Development Officer may require any or all of the following information in duplicate as part of
a development permit application:
(a) a completed application form;
(b) building plans showing a floor plan, elevations, and exterior finish;
(c) site plans with dimensions showing the legal description of the site, the relationship to lot
lines of all existing and proposed buildings, on-site loading and vehicle parking, access;
(d) a statement describing the proposed use of the site;
(e) a copy of the certificate of title for the lands affected and/or statement of the registered land
owner's consent to the application and/or other documents satisfactory to the Development
Officer for the purpose of verifying that the applicant has a legal interest in the land;
(f)
the required non-refundable fee;
(g) the estimated commencement and completion dates;
(h) the estimated cost of the project or contract price;
(i)
utilities, site drainage, grade elevations, existing and finished lot grades; and
(j)
if the development is not served by a municipal water or sewer system, the location of
existing and proposed wells, septic tanks, and disposal fields.
6.3.3
In addition to the requirements of 6.3.2, other information may be required to evaluate the
application, including but not limited to:
(a) an operational plan for a group home;
(b) a geotechnical report in a potentially hazardous or unstable area;
(c) a reclamation plan for aggregate extraction or site grading and excavation;
(d) an environmental site assessment to determine potential contamination and mitigation; or
(e) an environmental impact assessment for a development with potential significant
environmental effects and/or a flood plain impact study.
6.3.4
The Development Officer shall consider and decide on development permit applications within 40
days of the receipt of the application in its complete and final form in accordance with 6.5. If a
decision is not made within 40 days of receipt of the complete application, the permit shall, at the
option of the applicant, be deemed refused. Alternately, the applicant may at his/ her discretion
enter into a time extension agreement with the Development Officer to extend the 40 day period
using the prescribed form.
6.4
Subdivision Applications
6.4.1
A subdivision application shall be made to the Development Officer in writing on the prescribed
form, and shall be signed by the landowner or an authorized agent.
6.4.2
The Development Officer shall require the following information in order to be considered a
complete subdivision application:
(a) the application form;
(b) a right of entry form signed by the landowner;
(c) a tentative plan;
(d) a copy of the certificate of title dated within 30 days of the application;
(e) a map illustrating the land uses on all adjacent lands;
(f)
information respecting existing and proposed sources of water;
(g) information respecting existing and proposed methods of sewage disposal, including setback
distances;
(h) the prescribed non-refundable application fee, the amount of which shall be established by
resolution of Council from time to time.
6.4.3
In addition to the requirements of 6.4.2, other information may be required by the Subdivision
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 41
Authority to review a subdivision permit application, including: water testing, soil testing,
geotechnical reports, floodplain mapping, and site topography and drainage patterns.
6.5
Determination and Notification of Complete Applications
6.5.1
Within 20 days of receipt of an application pursuant to 6.3.2 and 6.4.2, the Development Officer
shall determine whether an application is complete, unless an agreement is reached between the
Development Officer and the applicant to extend the 20 day period. If the Development Officer
fails to determine that the application is complete within the prescribed time period, the
application shall be deemed to be complete.
6.5.2
When, in the opinion of the Development Officer an application is deemed to be incomplete, the
applicant shall be advised in writing that the application is incomplete and that the application will
not be processed until all of the required information is provided. The written notice shall include
a description of the information required for the application to be considered complete and the
deadline by which the required information is to be submitted. The failure to submit the required
information in accordance with the notice shall result in the application being deemed refused and
may be appealed in accordance with 6.10.
6.5.3
Once an application is deemed to be complete in accordance with Sections 6.5.1 or 6.5.2, the
applicant shall be notified in writing that the application is complete, and the Development Officer
shall process the application.
6.5.4
The requirements of this Section do not apply to the optional information identified in 6.3.3 and
6.4.3, but if required shall be provided by the applicant to the Approving Authority prior to a
decision being made.
6.6
Referrals
6.6.1
The Development Officer may refer any application for a development permit to any government
agency, adjacent landowner, or any person or agency with a registered encumbrance on the
subject land for comment and advice.
6.6.2
After 14 days from the date of referral under 6.6.1, the Development Officer may deal with the
application whether or not comments have been received.
6.6.3
The Development Officer shall circulate an application for subdivision to all adjacent landowners,
and all agencies required under the Regulation for review and comment. A subdivision
application may also be circulated to any person or agency with a registered encumbrance on the
subject land.
6.7
Development Officer's Discretion
6.7.1
A development permit application for a use that is not listed as a permitted use or a discretionary
use in the subject Land Use District shall be refused.
6.7.2
Notwithstanding 6.7.1, the Development Officer may determine that the proposed use of land or a
building is similar in character and purpose to a use listed under that land use district, despite that
the use is not listed as a permitted use or discretionary use in this Bylaw, the Development
Officer may issue a development permit.
6.7.3
In making a decision on an application for a permitted use, the Development Officer shall:
(a) approve with or without conditions, an application for a development permit where the
proposed development conforms with this Bylaw; or
(b) refuse an application for a development permit if the proposed development does not
conform to the Bylaw.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 42
6.7.4
In making a decision on an application for a discretionary use, the Development Officer:
(a) may approve, either permanently or for a limited period of time, a development permit
application that meets the requirements of this Bylaw, with or without conditions;
(b) may refuse a development permit application even though it meets the requirements of this
Bylaw;
(c) shall refuse, a development permit application if the proposed development does not
conform with this Bylaw.
6.7.5
In reviewing a development permit application for a discretionary use, the Development Officer
shall have regard for:
(a) the purpose and intent of the Act, as well as any statutory plans adopted by the Municipality;
(b) the circumstances and merits of the application, which may include such items as:
(i)
impact of nuisance factors such as smoke, airborne emissions, odours and noise on
nearby properties;
(ii) the design, character and appearance of the development shall be compatible with and
complementary to the surrounding area; and
(iii) the servicing requirements for the proposed development.
6.7.6
A development permit for a temporary use or development may only be issued if the use or
development is a listed as a permitted use or a discretionary use in the applicable land use
district.
6.7.7
The Development Officer shall refuse an application for a development permit or subdivision that
is deemed to be incomplete in accordance with 6.5.
6.7.8
The Development Officer may approve an application for a development permit notwithstanding
that the proposed development does not comply with this Bylaw if, in the opinion of the
Development Officer:
(a) the proposed development would not
(i)
unduly interfere with the amenities of the neighbourhood, or
(ii) materially interfere with or affect the use, enjoyment or value of neighbouring properties,
and
(b) the proposed development conforms with the use prescribed for the land or building in the
Bylaw.
6.7.9
Further to 6.7.8, the Development Officer may vary any or all of the district requirements by a
maximum of 10% provided such a variance does not unduly affect the amenities, uses or
enjoyment of the site or the neighbouring properties.
6.7.10 In the event that a variance is granted pursuant to 6.7.9, the Municipality shall indicate in its files
the type and extent of any variance granted to any development permit approval.
6.8
Conditions of a Development Permit or Subdivision Approval
6.8.1
The Approving Authority may attach as conditions of a development permit approval or subdivision
approval, those conditions it feels are necessary to address or resolve any development concerns
or issues in regards to a proposed development or subdivision.
6.8.2
The Approving Authority may require that as a condition of issuing a development permit or
subdivision approval, the applicant enter into an agreement with the Municipality to do any or all of
the following:
(a) to construct or pay for the construction of a road required to give access to the development
or subdivision;
(b) to construct or pay for the construction of a pedestrian walkway system to serve the
development or subdivision, or pedestrian walkways that will connect the pedestrian
walkway system serving the development or subdivision with a pedestrian walkway system
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 43
that serves or is proposed to serve an adjacent development or subdivision;
(c) to install or pay for the installation of public utilities, other than telecommunications systems
or works, that are necessary to serve the development or subdivision;
(d) to construct or pay for the construction of on-site or other parking facilities, and loading and
unloading areas;
(e) to pay an off-site levy or redevelopment levy imposed by bylaw;
(f)
to provide security to ensure that the terms of the agreement are carried out; and
(g) any other requirement the Approving Authority deems necessary.
6.8.3
The Municipality may register a caveat pursuant to the provisions of the Act and the Land Titles
Act in respect of an agreement under this Section against the Certificate of Title for the land that
is the subject of the development or subdivision. Said caveat shall be discharged when the
agreement has been complied with.
6.8.4
A development permit granted pursuant to this Section does not come into effect until 21 days
after its issuance. Where an appeal has been filed with the Board, no development shall be
commenced or undertaken pursuant to the development permit until all appeals are finally
determined and the issuance of the development permit has been upheld.
6.8.5
A development permit lapses or expires and is automatically void:
(a) if the development authorized is not commenced within 12 months from the date of issuing
the permit, or within such longer period as may be granted by the Development Officer;
(b) the development is temporary and the time allowed for carrying out the development under
the development permit conditions has expired;
(c) for a development permit authorizing a dwelling unit, if the dwelling unit is not substantially
complete and safe for occupancy, as evidenced by the applicant's submission to the
Municipality of all permit approvals required under the Safety Codes Act, within 18 months
from the date that the development permit became effective, unless otherwise prescribed
under the conditions of the development permit;
(d) if a development is not completed within the time prescribed for completion under the
development permit conditions.
Further, developments shall be completed to the satisfaction of the Development Officer within 18
months from the date of issuing the development permit.
6.8.5
In the case where an application for a development permit has been refused initially or ultimately
after appeal, the submission of another application for a permit on the same property and for the
same or similar use of the land shall not be accepted by the Development Officer within 6 months
of date of the refusal.
6.9 Notification of Decision
6.9.1
A decision of the Approving Authority on an application for a development permit or subdivision
shall be given in writing, and a copy of the notice of decision shall be mailed or emailed to the
applicant or agent, and in the case of a subdivision approval, any other person or agency required
under the Act.
6.9.2
DeYelRSPeQW SeUPiW aSSURYalV Vhall be SRVWed RQ Whe MXQiciSaliW\¶V ZebViWe.
6.9.3
When an application for a development permit for a Permitted Use requiring a variance or a
Discretionary Use is approved, the Development Officer shall publish a notice in a local
newspaper indicating:
(a) Whe aSSlicaQW¶V QaPe;
(b) the address and legal description of the property for which the application has been made;
(c) the nature of the proposed development; and
(d) the decision of the Development Officer.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
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6.9.4
When an application for a development permit or subdivision is refused, the Development Officer
shall mail a notice of decision to the applicant or his agent stating the reasons for refusal.
6.9.5
For the purpose of this Bylaw, notice of the decision of the Development Officer is deemed to
have been given on the day when the notice of decision is published in the newspaper, or the
date the notice is mailed or emailed to the applicant.
6.10
Appeals
6.10.1 Method of Appeal
(a) The Board shall perform such duties and follow such procedures as specified in the Act and
the Intermunicipal Subdivision and Development Appeal Board Bylaw, as amended.
(b) A decision on a development permit or a subdivision may be appealed:
(i)
by the applicant by serving a written notice of appeal on the Clerk within 21 days after
notice of the decision or issuance of the development permit or subdivision was given, or
(ii) by an affected person within 21 days after the date on which notice of issuance of the
development permit was given in accordance with 6.9.
(c) For the purposes of this Bylaw, 6.9.5 establishes the date a notice of decision is deemed to
have been given.
6.10.2 The Appeal Process
(a) The Clerk shall give written notice of the hearing to all required parties in accordance with the
Act and the Intermunicipal Subdivision and Development Appeal Board Bylaw, as amended.
(b) When a notice of appeal has been served on the Clerk with respect to a decision of the
Approving Authority to approve a development permit or subdivision, the development permit
or subdivision approval shall not be effective before:
(i)
the decision of the Approving Authority has been sustained by the Board, or
(ii) the Clerk has received written notification from the appellant that the appeal has been
abandoned.
(iii) if the decision of the Approving Authority to approve a development permit or
subdivision application is reversed by the Board, the development permit or subdivision
approval shall be
(c) If the decision to approve a development permit or subdivision application is varied by the
Board, the Board shall direct the Development Officer to forthwith issue the permit in
accordance with the terns of the decision of the Board.
6.11
Amendments
6.11.1 Contents of an Amendment Application
(a) An application to amend this Bylaw shall be made to the Development Officer on the
prescribed form and accompanied by the following:
(i)
if the amendment involves the re-designation of land to a different Land Use District,
1.
a copy of the certificate of title for the subject property dated within 30 days of the
application,
2.
Whe aSSlicaQW¶V QaPe, addUeVV aQd iQWeUeVW iQ Whe VXbjecW property. Where the
applicant is an agent for the owner, a letter from the owner must be provided
YeUif\iQg Whe ageQW¶V aXWhRUiW\ WR Pake Whe aSSlicaWiRQ,
3.
an accurate and fully dimensioned graphic representation of the subject lands
affected by the proposed amendment, and may be required to be prepared to a
professional standard by a surveyor if less than the full parcel,
4.
signature of all registered landowners or written authorization for agent to act on
behalf of the registered landowners, and
5.
properly dimensioned vicinity maps of appropriate scaled indicating the site to be
amended, its relationship to existing land uses within a 90 m (285 ft) radius of the
boundaries of the site, and
6.
permission for right-of-entry by the Development Officer and/or other persons
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 45
authorized by the Municipality;
(ii) a written statement from the applicant explaining the reasons for the proposed
amendment, and how the amendment conforms with any relevant statutory plan(s);
(iii) such additional information as the Development Officer may require.
(b) Each amendment application shall be accompanied by a non-refundable application fee, as
determined by resolution of Council from time to time.
(c) Council may, on its own initiative, commence an amendment to this Bylaw by directing the
Development Officer to initiate an application.
(d) The Development Officer may refuse to process an application to amend this Bylaw if the
information has not been supplied or if, in his opinion, it is of inadequate quality to properly
evaluate the application.
6.11.2 The Amendment Process
(a) All amendments to this Bylaw shall be made through the adoption of an amending bylaw
following a public hearing.
(b) Upon receipt of a complete application (in accordance with 6.11.1), it shall be referred to:
(i)
The MXQiciSaliW\¶V administration for the drafting of an amending bylaw; and
(ii) Council to consider first reading and to establish a public hearing date.
(c) A notice of the application shall be published for 2 consecutive weeks in the local
newspaper, with the second notice appearing no later than 5 days in advance of the public
hearing. The notice shall also be mailed to each owner of land that is the subject of the
proposed amendment, as well as all adjacent landowners. The notice shall contain:
(i)
if the amendment involves the re-designation of land to a different Land Use District, the
legal description of the land and a map illustrating the lands in question;
(ii) the purpose of the proposed amending bylaw;
(iii) the one or more places where a copy of the proposed amending bylaw may be
inspected by the public;
(iv) the one or more dates, places and times that the Council will hold a public hearing on
the proposed amending bylaw;
(v) an outline of the procedures to be followed by anyone wishing to be heard at the public
hearing; and
(vi) an outline of the procedures by which the public hearing will be conducted.
(d) The application may be referred to any agency as deemed necessary for comment and
advice.
(e) Council, after considering
(i)
any representations made at the public hearing; and
(ii) any statutory plan, affecting the application and the provisions of this Bylaw may:
1.
make such changes as it considers necessary to the proposed amendment, if any,
and proceed to pass the proposed amendment, or
2.
defeat the proposed amendment.
(f)
Where an application for an amendment has been refused by Council, the Development
Officer shall refuse to accept another application on the same land for the same or similar
purpose until 6 months have passed from the date of such refusal.
6.12
Compliance
6.12.1 Non-Conforming Buildings and Uses
A development that is considered as a non-conforming building or use shall be dealt with as
provided for under the Act. For convenience, the following extracts are provided:
(a) If a development permit has been issued on or before the day on which this Bylaw or
amending bylaw comes into force, and this Bylaw would make the subject development a
nonconforming use or non-conforming building, the development permit continues in effect in
spite of the coming into force of this Bylaw.
(b) A non-conforming use of land or a non-conforming use of a building may be continued but if
that use is discontinued for a period of 6 consecutive months or more, any future use of the
land or building shall conform with the provisions of this Bylaw;
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 46
(c) A non-conforming use of part of a building may be extended throughout the building but the
building, whether or not it is a non-conforming building, may not be enlarged or added to and
no structural alterations may be made to it or in it;
(d) A non-conforming use of part of a lot may not be extended or transferred in whole or in part
to any other part of the lot and no additional buildings may be constructed on the lot while
the nonconforming use continues;
(e) A non-conforming building may continue to be used but the building may not be enlarged,
added to, rebuilt or structurally altered except
(i) to make it a conforming building; or
(ii) for routine maintenance of the building, if the Development Officer considers it
necessary;
(f) If a non-conforming building is damaged or destroyed to the extent of more than 75 percent
of the value of the building above its foundation, the building may not be repaired or rebuilt
except in accordance with this Bylaw;
(g) The land use or the use of a building is not affected by a change of ownership or tenancy of
the land or building.
6.12.2 Contravention
(a)
No person shall make use of land in a manner contrary to the provision of the Act, this
Bylaw, or a development permit issued under this Bylaw.
(b)
A Development Officer may suspend or revoke a development permit where:
(i)
the permit or conditions of a permit have not been complied with;
(ii)
the permit was issued on the basis of incorrect information or misrepresentation by the
applicant or registered owner;
(iii)
the permit was issued in error; or
(iv) requested by the applicant or registered owner.
(c)
Where the Development Officer finds that a development or use of land is not in accordance
with the Act, this Bylaw, or a development permit issued hereunder, the Development Officer
may, by notice in writing, order the registered owner, the person in possession of the land or
buildings, the person responsible for the contravention, or all or any of them to:
(i)
stop the development or use of the land or buildings in whole or in part as directed by
the notice;
(ii) demolish, remove or replace the development; or
(iii) carry out any other actions required by the notice so that the development or use of the
land or building complies with the Act, a development permit, subdivision approval or
this Bylaw as the case may be, within the time specified by the notice.
(d)
If a person fails or refuses to comply with an order directed to him under 6.12.2(c) or an
order of the Board under the Act, Council or a person appointed by it may, in accordance
with the Act, enter upon the land or building and take such action as is necessary to carry
out the order.
(e)
When Council or a person appointed by it carries out an order, Council shall cause the costs
and expenses incurred in carrying out the order to be placed on the tax roll as an additional
tax against the property concerned and that amount shall be collected in the same manner
as taxes on land.
(f)
For the purpose of entering and inspecting land or buildings as described in the Act, the
Development Officer is hereby declared to be a "designated officer".
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 47
SECTION 7 DEFINITIONS
In this Bylaw, the following definitions shall apply. All other words or expressions shall have the meanings
respectively assigned to them in the Act and the Regulation. In any other cases, the meaning shall be the
customary meaning of the word or expression.
Abut/Abutting
Immediately
contiguous to
or physically
touching, and
when used
with respect to
a lot, means
that the lot
physically
touches upon
another lot, and shares a boundary with it.
Accessory Building/Use
A building or use, that in the opinion of the
Development Officer is incidental, subordinate
and exclusively devoted to the principal use or
building and located on the same site, but does
not include an accessory dwelling.
Accessory Dwelling
A dwelling unit that is located either above or to
the rear of a commercial use and is subordinate
to the commercial use of the site.
Act
The Municipal Government Act, Revised
Statutes of Alberta 2000, Chapter M-26 and
amendments thereto.
Adjacent
Land that is
contiguous to another
parcel of land, or
would be contiguous if
not for a river, stream,
railway, road or utility
right of way or reserve
land.
Agriculture,
Extensive
The raising or
production of any cultivated crops, livestock or
dairy products that utilize relatively large areas
of land and in which the use of buildings and
confinement areas is auxiliary to the use of the
laQd iWVelf. ThiV cRQVWiWXWeV aQ ³agUicXlWXUal
RSeUaWiRQ´ SXUVXaQW WR Whe UeTXiUePeQWV Rf Whe
Agricultural Operation Practices Act.
Airport
An area of land or other supporting surface used
or intended to be used either in whole or in part
for the arrival and departure or servicing of
aircraft or helicopter and includes any building,
installation or equipment in connection
therewith, for which an airport license has been
issued by the Ministry of Transport.
Amenity Area
An area developed for the active or passive
recreation and enjoyment of the occupants of a
development. Such area may be for either
private or communal use and may be under
either individual or common ownership.
Amusement Facility
An area, structure or part of a structure open to
the public that contains mechanical or electronic
games and/or pool tables for the purposes of
providing entertainment for a fee.
Approach
A vehicular access road, culvert crossing, or
other structure constructed, erected, installed or
maintained in a road between a lot line and the
nearest curb or edge of road and is for the use
or benefit of the occupant of the subject lot.
Approving Authority
The Development Officer or the Subdivision
Authority for the Municipality as applicable.
Auto Body and Paint Shop
An establishment for the repair and/or painting
of motor vehicle bodies but does not include
facilities for the sale of fuels, lubricants,
automotive accessories or mechanical or
electrical repairs.
Automotive Repair
A facility for the servicing and mechanical repair
of automobiles, trucks and utility vehicles, heavy
equipment, motorcycles, snowmobiles, motor
homes and similar vehicles, the sale, installation,
or servicing of related accessories and parts,
and servicing of small engines and equipment,
but does not include auto body and paint shops
or salvage yards.
Abut/Abutting
Adjacent
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 48
Average Finished Grade
For the purposes of measuring building height,
the arithmetic
mean of the
elevations of
the finished
grade at two
outermost
corners of a
wall on the
respective
side of a
building.
Basement
That portion of a building that is located wholly
or partially below grade, the ceiling of which
does not extend more than 1 m (3 ft) above
grade.
Bed and Breakfast
An establishment that is operated from a private
residence that has 2 or more rooms for rent to
the general public on a daily basis. The rent
charge may or may not include meals for the
registered guests. Not to limit the generality of
the above, the main use of the house is for a
private residence for the host and their
immediate family.
Board
The Intermunicipal Subdivision and
Development Appeal Board established under
the Act to conduct hearings with respect to
development and subdivision appeals and stop
orders.
Boarding House
An accessory use to a single family dwelling
consisting of sleeping facilities that may be in
addition to the family accommodations and
where cooking and/or sanitary facilities are not
developed in addition to those that are in the
dwelling unit. Boarding facilities shall be limited
to a maximum of 3 persons other than the
immediate family.
Boulevard
(a) That
portion of
the right-
of-way of a
road lying
between
the curb
line of the
road and the abutting lot line, excepting that
portion occupied by a sidewalk; or
(b) Where there is no curb, that portion of the
right-of-way lying between the edge of the
road ordinarily used by vehicles and the
abutting lot line, excepting that portion
occupied by a sidewalk.
Buffer
A row of trees or shrubs or berm to provide
visual screening and separation to uses
between sites or districts.
Building
Anything constructed or placed on, in, over or
under land but does not include a highway or
road or a bridge forming part of a highway or
road.
Building Height
The vertical distance of a building measured
from the
average
finished
grade
adjacent
to the
building
to the
highest
point of the roof.
Building Supplies
A commercial development offering for sale
dimensional and sheet lumber and building
supplies and may include outside and fenced
storage of the same for the purposes of sale.
Bulk Fuel/Chemical or Card Lock
A development where refined or crude oil, fuel,
or liquid or solid chemical is stored outdoors,
and includes the storage of dangerous or
hazardous substances, as defined by the
Dangerous Goods Transportation and Handling
Act and the Major Industrial Accidents Council of
Canada (MIACC). The development may include
facilities for cleaning, blending or packaging of
bulk oil, fuel or chemicals, but does not include
manufacture of any of these products.
Bulk Retail
A commercial development where consumer
goods are offered in bulk (warehouse style and
in case lots or pre-packaged multiples) for sale
or trade during limited hours of operation and
excludes the storage and/or sale of hazardous
Average Finished Grade
Boulevard
Building Height
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 49
goods to the satisfaction of the Development
Officer.
Campground
An area for the seasonal short term use (30
days) of recreational vehicles, tents, tent trailers
and similar vehicles, and is not used for
recreational vehicle storage, or accommodation
for residential use. Typical uses include, but are
not limited to, tourist trailer parks, campsites and
tenting grounds and related recreational
activities such as picnic grounds and
playgrounds.
Cannabis
Cannabis plant, fresh cannabis, dried cannabis,
cannabis oil and cannabis plant seeds and any
other substance defined as cannabis in the
Cannabis Act (Canada) and its regulations, as
amended.
Cannabis Production Facility
The use of land, buildings or structures for the
cultivation, processing, testing, destruction,
packaging, and shipping of marijuana used for
medical purposes as permitted and licensed by
the Government of Canada.
Cannabis, Retail
A federally regulated retail use that is involved in
the sale of legal cannabis products.
Canopy
A projection extending from the outside wall of a
building normally for the purpose of shielding a
part of the building from the sun.
Car and Truck Wash
A commercial facility for the cleaning and
washing of motor vehicles.
Cemetery
Development of a parcel of land primarily as
landscaped open space for the entombment of
deceased persons, and may include the
following accessory developments: crematoria,
columbaria, and mausoleums. Typical uses
include memorial parks, burial grounds and
gardens of remembrance.
Child Care Facility
A provincially regulated facility used for the
provision of care, instruction, maintenance or
supervision of children.
Clerk
The Clerk to the Intermunicipal Subdivision and
Development Appeal Board.
Commence
To initiate a development pursuant to an
approved development permit. For the purpose
of this Bylaw, this refers to the excavation of a
site and/or the construction of the foundation of
a building or structure.
Commercial Entertainment Facility
A commercial development offering non-
participatory or audience based entertainment
such as concerts, movies, and theatrical
productions.
Commercial Vehicle
A semi-trailer truck, intermediate-sized vehicle
or passenger vehicle no larger than a pick-up or
cargo van used in support of a business.
Communication Tower and Antenna System
A structure for supporting equipment for
transmitting or receiving television, radio,
telephone or other electronic communications.
Community Hall/Facility
A development used for public or quasi-public
activities, such as community cultural and/or
fundraising events.
Complete Application
A development permit or subdivision application
that contains all of the information required in
order for the Approving Authority to make a
decision.
Contractor, General
A development used for commercial and
industrial service support and construction.
Typical uses include oilfield support services,
laboratories, cleaning and maintenance
contractors, welders, building construction,
surveying, landscaping, concrete, electrical,
excavation, drilling, heating, plumbing, paving,
road construction, sewer, or similar services of a
construction nature that require on-site storage
space for materials, mobile equipment or
vehicles normally associated with the contractor
service. Any sales, display, office or technical
support service areas shall be accessory to the
principal general contractor use.
Contractor, Limited
Development used for the provision of electrical,
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 50
plumbing, heating, painting, catering and similar
contractor services primarily to individual
households and the accessory sales of goods
normally associated with the contractor services
where all materials are kept within an enclosed
building, and there are no accessory
manufacturing activities.
Corner
The intersection of any 2 lot lines of a lot or site.
Council
The Municipal Council of the Municipality.
Dangerous Goods
Dangerous goods as defined in the Alberta Fire
Code.
Dealership
Premises for the display, sale and servicing of
new or used motor vehicles and equipment,
including farm machinery and equipment,
construction-related vehicles and equipment,
manufactured homes, modular homes,
recreational vehicles, trucks, trailers, boats,
motorcycles, and snowmobiles.
Deck
An unenclosed
amenity area
of concrete,
brick, wood or
other material
that is
constructed at
grade or
attached to a
dwelling, and
may consist of
a:
(a) ³Ground
Level
Deck´, the
overall
height of
which does
not exceed
0.6 m (2 ft)
measured
from
finished
grade to
the finished floor height; or
(b) ³RaiVed Deck´, Whe overall height of which is
greater than 0.6 m (2 ft) measured from
finished grade to finished floor height.
Density
The average number of persons, families or
dwelling units per unit of area.
Developer
An owner, agent or any person, firm or company
responsible for a development.
Development
(a) An excavation or stockpile and the creation
of either of them,
(b) A building or an addition to or replacement or
repair of a building and the construction or
placing of any of them in, on, over or under
land,
(c) A change in use of land or a building or an
act done in relation to land or a building that
results in or is likely to result in a change in
the use of the land or building, or
(d) A change in the intensity of use of land or a
building or an act done in relation to land or a
building that results in or is likely to result in a
change in the intensity of use of the land or
building.
Development Officer
A Development Officer established pursuant to
the Act.
Development Officer
The person appointed by Council to serve as the
Development Officer pursuant to 2.1.1.
Development Permit
A document authorizing a development issued
pursuant to this Bylaw.
Discretionary
Refers to the use of land or a building that may
be authorized (as included in a list of
Discretionary Uses) in a given Land Use District
at the discretion of the Development Officer, with
or without conditions.
Drinking Establishment
A facility licensed by the Alberta Gaming and
Liquor Commission where alcoholic beverages
are served for consumption on the premises,
and includes a licensed lounge that is accessory
to a restaurant.
Drive-Through Business
An establishment, which services customers
traveling in motor vehicles driven onto the site
where such business is carried on, where the
Ground Level Deck
Raised Deck
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 51
customer normally remains in the vehicle for
service.
Driveway
A private road that provides vehicle access from
an individual lot or site to a road.
Duplex
Residential
development
consisting of a
building containing 2
dwelling units, each
of which has a
separate entrance,
and may take either
of the following
forms:
(a) ³Up-Down´ where 1
dwelling unit is
located above
the other; or
(b) ³Side-Side´
where the
dwellings
share a
common wall.
Dwelling/Dwelling Unit
1 or more rooms used as or designed to be used
as a residence and containing sleeping, cooking
and sanitary facilities and with an independent
entrance either directly from outside a building
or from a common hallway inside a building.
Dwelling, Single Detached
Means a stick-built or modular residential
building containing only one residential dwelling
unit, but does not include a manufactured home.
Easement
A right to use land, generally for access to other
property or for a public utility.
Emergency Services
A development that is required for the public
protection of persons and property from injury,
harm or damage together with the incidental
storage of equipment and vehicles necessary for
the local distribution of utility services. Typical
uses include police stations, fire stations,
emergency medical services, and accessory
training facilities.
Equipment Sales, Rental and Repair
A development used for the sales, rental and
repair of tools, agricultural equipment and
vehicles, appliances, recreational craft, office
machines, furniture, home appliances, light
construction equipment, or similar items, but
does not include the rental or repair of motor
vehicles.
Excavation
Any breaking of ground, except common
household gardening and ground care.
Exterior Storage
The use of a site or portion of a site used for the
storage of products, goods, materials,
machinery, vehicles, or equipment that is not
contained within a building.
Fence
A physical barrier constructed for the purposes
of sound abatement, limiting intrusion, and/or to
prevent unauthorized access or containment of
livestock.
Financial Services
A building, or part of a building, where financial
services such as loans, deposit accounts and
mortgages are provided.
Fleet Service
A development using a fleet of vehicles for the
delivery of people, goods, or services, where
such vehicles are not available for sale or long-
term lease. This includes, taxi services, bus
lines, messenger and courier services, but does
not include moving or cartage firms involving
trucks with a gross vehicle weight of more than
3,000 kg (6,600 lb).
Foundation
The lower portion of a building, usually concrete,
masonry or preserved wood, and includes the
footings that transfer the weight of and loads on
a building to the ground.
Foundation, Permanent
A structure consisting of concrete, treated wood,
or masonry that serves as support for a building
that, during construction, involves an excavation.
This may include but not be limited to a
basement, crawl space, concrete slab, or pilings.
Garage
An accessory building or part of the principal
building, designed and used primarily for the
storage of motor vehicles.
Up-Down Duplex
Side-Side Duplex
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 52
Gas Bar
An establishment used for the sale of gasoline,
propane or other fuels, the sale of lubricating oils
and other automotive fluids or motor vehicle
accessories, but does not include service
stations or automotive repair establishments.
General Industry
An industrial use that may include but not limited
to:
(a) warehousing or storage of materials, goods
or equipment, and/or,
(b) manufacturing or processing of a finished
product from raw materials and/or
(c) provision of large scale transportation
facilities for freight or passengers and/or,
(d) industrial operations that due to noise, safety
hazards, noxious or toxic emissions requires
tracts of land situated away from any
concentration of people, and/or
(e) storage of steel materials, including but not
limited to the following: pipes, culverts and
steel beams.
Grade
The ground elevation from which the height of a
building or structure is measured.
Greenhouse
A building specially designed and used for the
commercial production of vegetables, flowers
and other plants, but does not include a
Cannabis Production Facility.
Gross Floor Area (GFA)
The total of the floor area of every room and
passageway contained in a building but not
including the floor areas of basements, attached
garages, sheds, open porches or breezeways.
Group Home
A residential development that provides special
care for foster children or individuals that are
handicapped, disabled or in need of adult
supervision in accordance with their individual
needs and are licensed by the Provincial
authority having jurisdiction over the facility.
Hard Surfaced/Surfacing
A surface consisting of is, at minimum, prepared
gravel or paving approved by the Development
Officer.
Highway
A road designated by the Province as a
highway.
Home Based Business
A commercial development that is accessory
and subordinate to the principal residential use
of a dwelling or site, and may take the form of:
(a) ³Home Based Business, MajRU´ WhaW iV
confined to a residential lot or an accessory
building on a residential lot; or
(b) ³Home Based Business, MiQRU´ WhaW iV
confined to a dwelling.
Hospital
An institutional development used to provide in-
patient and out-patient health care to the public.
Typical developments include a community
health centre and/or accommodation for the
overnight care for patients. The development
may include associated uses such as a
helicopter pad.
Hotel
A development used for the provision of rooms
or suites for temporary accommodation where
the rooms obtain access from a common interior
corridor and may have a meal service for
guests. Hotels may include meeting rooms,
drinking establishments and restaurants.
Household
A social unit comprised of those living together
under the same roof.
Industrial Support
A development that provides cleaning, servicing,
repairing or testing of materials, goods and
equipment normally associated with the oil and
gas industry and may include the storage or
shipping of such materials, goods and
equipment, including petrochemical products
and supplies. This definition applies to oil and
gas and forestry industry support operations and
includes, but is not limited to, seismic and
surveying, well servicing, oilfield haulers,
pipeline contractors and welding operations.
Kennel
Premises used for the commercial breeding,
raising, or boarding of cats or dogs.
Landscaping
The enhancement of a site through the use of
any or all of the following elements:
(a) ³Soft LaQdVcaSiQg´ cRQViVWiQg Rf YegeWaWiRQ
such as trees, shrubs, hedges, grass, berms,
and ground cover,
(b) ³HaUd LaQdVcaSiQg´ cRQViVWiQg Rf QRQ-
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 53
vegetative materials such as but not limited
to brick, stone, concrete, tile and wood,
excluding monolithic concrete and asphalt.
Lane
A narrow road intended to give vehicular access
to the rear of a building or lot.
Livable Area
The portion of a dwelling that is developed for
permanent habitation, not including the
basement.
Loading Space
A space provided on a site to accommodate a
commercial vehicle on a temporary basis for
loading or unloading of goods and materials.
Lot:
(a) A quarter section,
(b) A river lot shown on an official plan, as
defined in the Surveys Act, that is filed or
lodged in a land titles office,
(c) A settlement lot shown on an official plan, as
defined in the Surveys Act, that is filed or
lodged in a land titles office,
(d) A part of a parcel of land described in a
certificate of title if the boundaries of the part
are described in the certificate of title other
than by reference to a legal subdivision, or
(e) A part of a parcel of land described in a
certificate of title if the boundaries of the part
are described in a certificate of title by
reference to a plan of subdivision;.
Lot, Corner
A lot having a frontage on two or more roads at
their intersection or junction.
Lot Line
A legally defined limit of any lot.
Lot Line, Front
The boundary
dividing the lot
from an
abutting road
other than a
lane. In the
case of a corner
lot the shorter
lot line shall be
the front lot line.
Lot Line, Rear
The lot line of a lot that is directly opposite to the
front lot line.
Lot Line, Side
Any lot line other than the front or rear lot line.
Lot Line, Exterior Side
A side lot line that abuts a road or lane.
Lot Line, Interior Side
A side lot line that is not an exterior side lot line.
Lot, Through
A lot that abuts two parallel roads, not including
lanes.
Lot Width
The distance between the side lot lines at a
point midway between the front and rear of the
lot and parallel to the front lot line.
Manufactured Home
A transportable detached dwelling unit that is
manufactured to meet the Canadian Standards
Association standard CSA Z240 and that is used
as a residence. For the purpose of this Bylaw,
two types of manufactured homes may be
distinguished:
(a) "manufactured home, single-wide" means a
manufactured home consisting of a single
unit designed to be towed in a single load.
(b) ³manufactured home, double-wide" means a
manufactured home consisting of two
sections separately towable but designed to
be joined together at the site to form one
dwelling unit.
Manufactured Home Park
A development on a lot under single ownership
and managed by a park operator that is
designed to accommodate numerous
manufactured homes on leased sites in a
community setting.
Manufactured Home Subdivision
A subdivision of lots specifically for the
development or placement of Manufactured
Homes.
Market Garden
A commercial development for the growth and
sale of vegetables and/or fruit and may include
'u-pick' (customer picked) vegetables and/or
fruit sales.
Mini Storage
Self-contained buildings or storage facilities
intended to provide inside storage options on a
Lot Lines
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 54
small scale where the customer is charged a
rental fee on a monthly or annual basis for the
storage of personal products.
Modular Home
A prefabricated or factory built dwelling that is
manufactured to meet the Canadian Standards
Association standard CSA Z277 and is installed
on a concrete foundation.
Motel
A building or group of buildings designed for the
accommodation of the traveling public,
containing guest rooms, each of which has a
separate entrance directly from outside the
building.
Multi-Unit Dwelling
A residential development comprised of 3 or
more dwelling units.
Municipality
The Town of Spirit River.
Non-Conforming
Refers to a building or use that does not comply
with the provisions of this Bylaw.
Occupancy
The use or intended use of a building or part
thereof for the shelter or support of persons or
property.
Parcel
The aggregate of the one or more areas of land
described in a certificate of title or described in a
certificate of title by reference to a plan filed or
registered in a land titles office.
Park
Land developed for public recreational activities
that do not require major buildings or facilities,
and typically includes, but is not limited to, picnic
areas, playgrounds, pedestrian and bicycle
paths, landscaped areas and associated public
washrooms.
Parking Lot
A portion of a lot or site that is developed for the
storage and parking of motor vehicles.
Parking Stall
That portion of a parking lot that accommodates
a vehicle.
Permitted
Refers to the use of land or of a building (as
included in a list of Permitted Uses) for which a
development permit shall be issued, with or
without conditions, provided the use conforms to
this Bylaw.
Personal Services
A development used for the provision of services
to an individual that are related to the care and
appearance of the body, or the cleaning and
repair of personal effects. Typical uses include
barber shops, hairdressers, beauty salons,
tailors, dressmakers, shoe repair shops, dry
cleaners and similar uses.
Pipe and Equipment Storage
The storage of materials, goods and equipment
normally associated with the oil and gas industry
and may include the shipping of such materials,
goods and equipment, including petrochemical
products and supplies.
Porch
An entrance structure typically attached To the
front or sides of a residential dwelling at the
ground floor entry level, consisting of a roof and
floor, where the front and sides of the structure
may be enclosed by solid walls or windows or
unenclosed where the front and/or sides remain
open to the elements.
Principal Building/Use
A building or use that, in the opinion of the
Development Officer,
(a) occupies the major or central portion of a
site;
(b) is the main building or use among one or
more buildings or uses on the site; or
(c) constitutes by reason of its use the primary
purpose for which the site is used. There
shall be no more than one principal building
on each site unless specifically permitted in
this Bylaw.
Professional Services
A development primarily used for the provision
of professional, management, administrative,
consulting, and financial services. Typical uses
include the following and similar uses as offices
of lawyers, accountants, engineers, planners,
doctors and architects; offices for real estate and
insurance firms; clerical, secretarial,
employment, telephone answering, and similar
office support services; printing establishments,
film processing establishments, janitorial firms,
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 55
and business equipment repair shops.
Public Building/Use
A building, structure, or site owned or leased by
a department or agency of the federal, provincial
or municipal government for the purpose of
public administration such as (but not limited to)
municipal offices, taxation offices, courthouses,
postal stations, manpower and employment
offices, school board office, health authority
office, social services, museums, libraries, and
art galleries.
Public Utility
A system or works used to provide one or more
of the following for public consumption, benefit,
convenience or use:
(a) water or steam;
(b) sewage disposal;
(c) public transportation operated by or on behalf
of the municipality;
(d) irrigation;
(e) drainage;
(f) fuel;
(g) electric power;
(h) heat;
(i) waste management;
(j) lighting.
Public Utility Lot
A lot or parcel of land used in the distribution,
maintenance and housing of a public utility.
Railway Station Grounds
A facility used to store and maintain railroad
related equipment and products and usually
includes a number of buildings related to the
operation of a railroad.
Recreation, Indoor
A facility where patrons participate in sports
events and other recreational activities in an
enclosed building that may include a restaurant
and a retail store. Typical uses include but are
not limited to, arenas, athletic clubs, curling
clubs, health and fitness clubs, gymnasiums,
swimming pools, bowling alleys, and racket
clubs.
Recreational Vehicle
A vehicle or portable structure designed to be
carried on a motor vehicle, towed behind a
motor vehicle, or designed and built to be
transported on its own wheels, to provide
temporary living accommodation for travel
and/or recreational purposes. This includes such
vehicles as motor homes, fifth wheel trailers and
holiday trailers, but does not include a
manufactured home.
Recreational Vehicle Storage
The storage of recreational vehicles, but does
not include a recreational vehicle park or the
sales or service of recreational vehicles.
Registered Owner
(a) In the case of land owned by the Crown in
right of Alberta or the Crown in right of
Canada, the Minister of the Crown having
the administration of the land; or
(b) In the case of any other land:
(i) the purchaser of the fee simple estate in
the land under an agreement for sale
that is the subject of a caveat registered
against the Certificate of Title in the land
and any assignee of the purchaser's
interest that is the subject of a caveat
registered against the Certificate of Title;
or
(ii) in the absence of a person described in
paragraph (i), the person registered
under the Land Titles Act as the owner
of the fee simple estate in the land.
Regulation
The Subdivision and Development Regulation.
Religious Assembly
A development used for spiritual worship and
related religious philanthropic, or social activities
and includes accessory rectories, manses,
meeting rooms, food preparation and service
facilities, classrooms, dormitories, and other
buildings. Typical uses include churches,
chapels, mosques, temples, synagogues, parish
halls, convents, and monasteries.
Residential Care Facility
A multi-unit residential development that
provides special care for individuals that are
aged and/or disabled, and has on-site health
care facilities and/or health care attendants.
Restaurant
A development where food and beverages are
prepared and served on-site to the public,
where minor persons are not excluded, and for
which alcoholic beverage service may be a
subordinate use and is carried out in
compliance with any applicable bylaws and
provincial and federal laws.
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 56
Retail Store
Commercial premises in which the retail sale of
consumer goods takes place, but does not
include Cannabis, Retail.
Road
Land shown as a road on a plan of survey that
has been filed or registered in a land titles office,
or used as a public road, and includes a bridge
forming part of a public road and any structure
incidental to a public road, but does not include
a highway.
Salvage Yard
Land and associated buildings used to store,
dismantle, salvage, and recycle components
from discarded vehicles, industrial equipment,
demolished buildings and other large items.
School
A development that is publicly supported and
involves public assembly for education, training
or instruction purposes, and includes dormitories
and the administration offices required for the
provision of such services on the same site.
Typical uses include, but are not limited to,
public and separate schools, community
colleges, universities, and technical and
vocational schools.
Screening
Without restricting the generality of the following,
means a row of trees, shrubs, earth berm or
fencing that provides visual screening and
separation and/or noise attenuation between
districts, lots, roadways, and sites, or between
them.
Sea-Can
A standardized reusable steel shipping
container used for the safe, efficient and secure
storage and movement of materials and
products.
Secondary Suite
A self-contained dwelling unit that is located
within or on the same lot as the principal single
detached dwelling unit, and has sleeping,
cooking and living areas that are separate from
those of the principal dwelling. Typical forms
include basement suites, garden suites and
garage suites.
Security Suite
A dwelling that is secondary or accessory to the
principal industrial or commercial use on the
same lot, and is used for the purposes of
providing living accommodation for the owner,
operator or caretaker of the principal use.
Service Station
A facility for the service and repair of motor
vehicles and for the retail sale of gasoline,
lubricants, automotive accessories and
associated petroleum products.
Setback
The distance that a development or a specified
portion of it must be set back from a lot line. The
setback shall be measured perpendicularly from
the applicable front, rear or side lot line to any
portion of the building foundation.
Shopping Centre
A group of retail outlets and/or personal or
professional service establishments and
financial institutions on a site planned,
developed and managed as a single unit (that
may be comprised of a group of owners or
tenants) with shared or common parking areas
and/or driveways.
Sight Triangle
That triangle formed by a straight line drawn
between two points on the lot lines of a lot from
the point where the lot lines intersect, and where
visual obstructions, such as buildings, fences,
signs, trees, and haystacks are prohibited.
Sign
An object or device
intended for
the purpose
of
advertising
or calling
attention to
any person,
matter, thing
or event.
Sign, Fascia
A sign, the
back of which
is attached to a
building wall.
Sign, Free
Standing
A sign that is
supported
Fascia Sign
Freestanding Sign
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 57
independent of a building, and may display copy
for a tenant or multiple tenants.
Site
1 or more lots or parcels for which an application
for a development permit is made.
Site Plan
A plan showing the boundaries of the site, the
location and use(s) or proposed use(s) of all
existing and proposed buildings upon the site,
the use(s) or the intended use(s) of the portions
of the site on which no buildings are situated,
and showing drainage, fencing, screening,
grassed areas, any fixtures and any other
significant features located on the site and
abutting public roadways, sidewalks and above
grade public utilities.
Solar Collector
A device used to collect sunlight that is part of a
system that converts radiant energy from the
sun into thermal or electrical energy for on-site
use. This use does not include a solar energy
facility.
Solar Energy Facility
A commercial facility that is designed to collect
sunlight and then generate, store and distribute
the converted energy for public consumption.
Statutory Plan
A municipal development plan, Intermunicipal
Development Plan, or area structure plan
prepared and adopted in accordance with the
Act.
Storage Yard
A secure, fenced, outdoor development where
goods or vehicles are stored for safekeeping or
future distribution and that excludes the storage
of goods hazardous to adjacent uses to the
satisfaction of the Development Officer.
Storey
The habitable space between the upper face of
one floor and the next above it. The upper limit
of the top storey shall be the ceiling above the
topmost floor. A basement or cellar shall be
considered a storey in calculating the height of a
building if the lower face of the ceiling above it is
more than 1.5 m (5 ft) above grade.
Structural Alteration
Development or construction, including a
renovation or addition to a building that affects
the structural integrity or access to or within a
building, but does not result in an increase to the
gross floor area of the building.
Structure
Anything constructed or erected on the ground,
or attached to something on the ground, and
includes all buildings.
Subdivision
The division of a parcel of land into one or more
smaller lots by a plan of subdivision or other
instrument.
Subdivision Authority
The designated person or persons responsible
for receiving, considering and deciding on
subdivision applications and any other related
duties pursuant to the Act, the Regulation and
this Bylaw.
Temporary
Refers to a development or use that has been
approved on a non-permanent basis with a
specified permit expiry date not to exceed 6
months or as determined by the Development
Officer.
Topsoil
The depth of soil containing the major portion of
organic matter or the first 6 inches of soil on a lot
that is used for agricultural purposes.
Tree Nursery
A commercial development for the growth and
sale of seedling trees.
Trucking Operation
A development that may include facilities related
to transportation oriented business. This use
would normally require a large area to
accommodate the parking of large commercial
vehicles including tractor/trailer units. Typical
uses include oilfield hauling of materials and
equipment, gravel haulers, water haulers, heavy
equipment transport.
Use
The purpose or activity for which a piece of land
or its buildings are designed, arranged,
developed or intended, or for which it is
occupied or maintained.
Variance
An alteration or change to a standard prescribed
by this Bylaw that is authorized by the Approving
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Page 58
Authority or the Board.
Veterinary Clinic
A development for the purpose of medical
treatment of animals and may include retail
sales of associated products. This includes such
uses as impounding and quarantining facilities
and animal shelters, but does not include a
kennel or the sale of animals.
Warehouse
A building primarily for the keeping of goods and
merchandise, excluding dangerous or
hazardous materials or derelict vehicles, and
does not include a Cannabis Production and
Distribution Facility.
Wind Energy Conversion System (WECS)
A development that converts wind energy into
electrical power. The following definitions pertain
to a WECS:
(a) ³Blade´ PeaQV Whe SaUW Rf a WECS WhaW fRUPV
an aerodynamic surface and revolves on
contact with the wind;
(b) ³Blade CleaUaQce´ PeaQV Whe PiQiPXP
distance from grade to the tip of the blade
when that tip is at the bottom of a full 360
degree revolution and pointed down to the
ground;
(c) ³HRUi]RQWal A[iV Nacelle´ means a WECS on
which the axis of the nacelle is parallel to the
grade;
(d) ³Nacelle´ PeaQV Whe SaUW Rf the WECS that
includes a generator, gearbox or yaw motor,
and other operating parts that is installed at
the top of the tower, and to which the blades
are attached, and is responsible for
converting wind power to energy;
(e) ³TRWal HeighW´ PeaQV Whe diVWaQce from grade
to the tip of a blade when that tip is at the top
of a full 360 degree revolution and is pointed
up to the sky; and
(f) ³TRZeU´ means the vertical structure that
supports the nacelle and the blade above the
ground.
Wind Energy Conversion System (WECS),
Small Scale
A single WECS developed to generate electrical
power for on-site consumption, either on or off-
grid, and may provide residual power to the grid
but is not intended to produce power for resale.
The system and supporting structure is less than
25 m (80 ft) in height.
Yard
A required open space unoccupied and
unobstructed by any structure or portion of a
structure above the general ground level of the
graded lot, unless otherwise permitted in this
Bylaw.
Yard, Exterior Side
A yard abutting a road, extending from the front
yard to the rear yard and situated between the
side lot line and the nearest exterior wall of the
principal building.
Yard, Front
That portion of land extending across the full
width of a lot and situated between the front lot
line and nearest exterior wall of the principal
building.
Yard, Interior Side
A yard adjacent to
a lot,
extending
from the
front yard to
the rear yard
and situated
between the
side lot line
and the
nearest
exterior wall
of the
principal
building.
Yard, Rear
That portion of land extending across the full
width of a lot from the rear lot line to the closest
wall of the principal building.
Yard, Side
A yard extending from the front yard to the rear
yard and situated between the side lot line and
the nearest exterior wall of the principal building.
Yards
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Schedule A
SCHEDULE A
LUB DISTRICT MAP
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Schedule B
SCHEDULE B
LAND USE BYLAW FORMS
Form A
Development Permit Application
Form A-1
Sign Development Permit Application
Form A-2
Home Based Business Development Permit Application
Form B
Notification: Development Permit Application Deemed Complete
Form C
Development Permit Time Extension
Form D
Notice of Decision of Development Officer
Form E
Development Permit
Form F
Subdivision Application
Form F-1
Subdivision Application: Proposed Subdivision Sketch
Form G
Right of Entry - Subdivision
Form H
Notification: Subdivision Application Deemed Complete
Form I
Subdivision Time Extension Application
Form J
Notice of Decision of Subdivision Authority
Form K
Designation of Authorized Agent
Form L
Subdivision/Development Appeal Application
Form M
Land Use Bylaw Amendment Application
Form N
Demolition Notification and Information Package
Town of Spirit River
Land Use Bylaw No. 970
October 2019
Schedule C
SCHEDULE C
LAND USE BYLAW AMENDMENTS
Bylaw No.
Description of Amendment