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Bylaw 1196
Adopted February 28, 2024
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iii
AMENDMENTS & NOTES
List of Amendments:
iv
Table of Contents
1
ADMINISTRATION........................................................................................................................ 1
1.1
TITLE ........................................................................................................................................................................................... 1
1.2
PURPOSE.................................................................................................................................................................................... 1
1.3
APPLICATION ............................................................................................................................................................................ 1
1.4
EFFECTIVE DATE OF TRANSITION ....................................................................................................................................... 1
1.5
OTHER LEGISLATIVE REQUIREMENTS ................................................................................................................................ 1
1.6
NON-CONFORMING BUILDINGS & USES ........................................................................................................................... 2
1.7
SEVERABILITY ........................................................................................................................................................................... 2
1.8
RULES OF INTERPRETATION ................................................................................................................................................. 2
1.9
DEVELOPMENT PERMIT NOT REQUIRED ........................................................................................................................... 3
1.10
ADMINISTRATIVE AGENCIES ................................................................................................................................................. 6
1.11
POWERS AND DUTIES OF ADMINISTRATIVE AGENCIES ............................................................................................... 6
1.12
APPLICATION FOR DEVELOPMENT .................................................................................................................................... 8
1.13
REFERRALS AND NOTICES FOR DEVELOPMENT PERMIT APPLICATIONS ............................................................. 11
1.14
DECISION PROCESS - DEVELOPMENT PERMIT APPLICATION .................................................................................. 11
1.15
ISSUANCE OF DEVELOPMENT PERMITS .......................................................................................................................... 15
1.16
COMMENCEMENT AND COMPLETION OF DEVELOPMENT ........................................................................................ 16
1.17
APPEALS .................................................................................................................................................................................. 16
1.18
BYLAW AMENDMENT PROCESS ........................................................................................................................................ 17
1.19
DIRECT CONTROL DISTRICTS AND PERMITS.................................................................................................................. 17
1.20
ENFORCEMENT ...................................................................................................................................................................... 18
2
GENERAL LAND USE REGULATIONS ...................................................................................... 21
2.1
APPLICABILITY........................................................................................................................................................................ 21
2.2
DESIGN, CHARACTER AND APPEARANCE ...................................................................................................................... 21
2.3
DWELLING UNITS ON A PARCEL ....................................................................................................................................... 21
2.4
OBJECTS PROHIBITED OR RESTRICTED IN YARDS ....................................................................................................... 21
2.5
SCREENING .............................................................................................................................................................................. 22
2.6
UTILITY SERVICES AND INFRASTRUCTURE ..................................................................................................................... 22
2.7
SITE GRADING AND DRAINAGE ......................................................................................................................................... 23
2.8
RELOCATED BUILDINGS AND DWELLINGS ..................................................................................................................... 23
2.9
DEMOLITION OF BUILDINGS .............................................................................................................................................. 23
2.10
PERMITTED PROJECTIONS INTO SETBACKS ................................................................................................................... 24
2.11
FENCES AND HEDGES .......................................................................................................................................................... 26
2.12
CORNER VISIBILITY TRIANGLE SETBACK ......................................................................................................................... 27
2.13
CORNER PARCELS AND REVERSE CORNER PARCELS................................................................................................. 28
2.14
PARKING AND LOADING ..................................................................................................................................................... 30
2.15
VEHICLE ENTRANCES AND EXISTS ................................................................................................................................... 32
2.16
SLOPE STABILITY AND FLOOD HAZARD ....................................................................................................................... 34
2.17
SUBDIVISION ........................................................................................................................................................................... 38
2.18
MULTI-LOT SUBDIVISION ..................................................................................................................................................... 39
2.19
RESIDENTIAL DEVELOPMENT ............................................................................................................................................ 41
2.20
INDUSTRIAL DEVELOPMENT .............................................................................................................................................. 41
3
SPECIFIC LAND USE REGULATIONS ....................................................................................... 43
3.1
ACCESSORY BUILDINGS AND SHIPPING CONTAINERS ............................................................................................... 44
3.2
ACCESSORY DWELLING UNITS........................................................................................................................................... 45
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3.3
HOME OCCUPATIONS ........................................................................................................................................................... 47
3.4
BED & BREAKFAST ESTABLISHMENT .............................................................................................................................. 49
3.5
MANUFACTURED DWELLINGS ........................................................................................................................................... 49
3.6
MANUFACTURED HOME PARKS ........................................................................................................................................ 49
3.7
RECREATIONAL VEHICLES .................................................................................................................................................. 50
3.8
PET CARE SERVICES ............................................................................................................................................................. 51
3.9
KENNELS .................................................................................................................................................................................. 51
3.10
VEHICLE SALES AND SERVICE ........................................................................................................................................... 51
3.11
SERVICE STATIONS ............................................................................................................................................................... 52
3.12
CAR WASHES .......................................................................................................................................................................... 52
3.13
NATURAL RESOURCE EXTRACTION AND PROCESSING FACILITIES ......................................................................... 52
3.14
WASTE MANAGEMENT FACILITIES .................................................................................................................................... 54
3.15
WRECKING YARD ................................................................................................................................................................... 54
3.16
WORK CAMPS ......................................................................................................................................................................... 55
3.17
SMALL WIND ENERGY SYSTEM ......................................................................................................................................... 55
3.18
LARGE WIND ENERGY SYSTEM .......................................................................................................................................... 56
3.19
SOLAR ENERGY SYSTEMS - COMMERCIAL .................................................................................................................... 57
3.20
CANNABIS REGULATIONS ................................................................................................................................................... 58
3.21
SIGNS ........................................................................................................................................................................................ 58
4
LAND USE DISTRICTS ............................................................................................................... 62
4.1
ESTABLISHMENT OF DISTRICTS ........................................................................................................................................ 62
4.2
DISTRICT BOUNDARIES ........................................................................................................................................................ 63
4.3
RAG - RURAL AGRICULTURAL GENERAL DISTRICT ...................................................................................................... 64
4.4
HR - HAMLET RESIDENTIAL DISTRICT ............................................................................................................................. 71
4.5
HC - HAMLET COMMERCIAL DISTRICT ............................................................................................................................ 77
4.6
HI - HAMLET INDUSTRIAL DISTRICT................................................................................................................................. 82
4.7
RB - RURAL BUSINESS DISTRICT ...................................................................................................................................... 86
4.8
CR - COUNTRY RESIDENTIAL DISTRICT ........................................................................................................................... 91
4.9
RR - RESIDENTIAL RESORT DISTRICT .............................................................................................................................. 95
4.10
AD - AIRPORT DISTRICT ...................................................................................................................................................... 98
5
DEVELOPMENT OVERLAYS .................................................................................................. 101
5.1
PURPOSE AND AUTHORITY ............................................................................................................................................. 101
5.2
AI - AGRICULTURAL INTENSIVE OVERLAY .................................................................................................................. 102
5.3
AVO - AIRPORT VICINITY OVERLAY .............................................................................................................................. 103
6
DEFINITIONS ........................................................................................................................... 105
7
LAND USE DISTRICTS MAPS ................................................................................................ 136
vi
List of Tables
Table 1 Minimum Specified Penalties............................................................................................................... 20
Table 2: Maximum Fences Heights in a Residential Yard ............................................................................ 27
Table 3: On-site Parking Requirements ........................................................................................................... 30
Table 4: Home Occupation Requirements ....................................................................................................... 48
Table of Figures
Figure 1: Permitted Projections into yard setbacks...................................................................................... 26
Figure 2: Corner Visibility Triangle ................................................................................................................... 28
Figure 3 Alternative Front Yard for Corner Parcels. ..................................................................................... 29
Figure 4: Setback Distances and Access Restriction on Rural Roads ...................................................... 33
Figure 5: Topographic Features ........................................................................................................................ 36
Figure 6: Provincially Defined Flood Areas .................................................................................................... 38
Figure 7 Sign Area and Sign Content Area .................................................................................................... 60
Figure 8: Airport Height Limitations............................................................................................................... 100
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LAND USE BYLAW GUIDE
This guide is intended to provide clarity for the reader on how this document is structured and
meant to be used to regulate subdivision and development. This guide does not form part of the
Land Use Bylaw and may be updated without following amendment procedures identified in
Section 1. This Bylaw is organized into Sections as follows:
SECTION
DESCRIPTION
Section 1
Administration: outlines the purpose of this Bylaw and the powers of subdivision and
development authorities, including procedures for accepting, processing, and approving
applications.
Section 2
General Land Use Regulations: outlines requirements for various development site
characteristics, such as drainage and site development that must be read in conjunction
with the applicable regulations from Sections 3, 4, 5 and 6. In some cases several
subsections of Section 2 and Section 3 will be applicable to a development. For example,
a set of standards exists for development near water, regardless of the specific use being
residential, commercial, or industrial, and needs to be considered in conjunction with the
parking subsection, as well as the applicable Land Use District provisions in Section 4.
Section 3
Specific Land Use Regulations: provides specialized subdivision and/or
development requirements based on the defined use(s) in Section 6. For example, a
development permit for a Shipping Container to support an industrial use must consider
regulations in Section 3.1 in conjunction with several sections in Section 2, and the
applicable district in Section 4.
Section 4
Land Use Districts: land use districts are key to providing clarity on whether a specific
use is permitted, discretionary, or prohibited on a parcel of land. If, permitted or
discretionary the applicable sections of Section 2 and Section 3 must be considered. If
prohibited, a proponent would have to apply for a bylaw amendment to the Land Use
Bylaw in order to redesignate (rezone) to a District that would allow it.
Section 5
Development Overlays: a development overlay indicates there are special
development considerations in a certain area of the County that take precedence over the
underlying land use district. For example, being in proximity to an aerodrome (airport), or
flood hazard area.
Section 6
Definitions: All Specific Uses as well as general terms used to regulate subdivision and
development of a site, are defined in Section 6. Definitions need to be understood to
determine what sections of Section 2, 3 and 4 a decision-making authority must
consider.
Section 7
Land Use District Map: The Map in Section 7 is the tool used to identify which Land
Use District in Section 4 applies to a site.
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LAND USE BYLAW
1 Administration
1.1
TITLE
1.1.1
The title of this Bylaw shall be the 'Starland County Land Use Bylaw' ('LUB').
1.2
PURPOSE
1.2.1
In accordance with Section 640 of the Municipal Government Act (MGA or the "Act"). The
purpose of this Bylaw is to achieve the orderly, economic and beneficial development,
use of land and patterns of human settlement in Starland County by regulating and
controlling development, or where necessary, prohibiting development without infringing
on the rights of individuals for any public interest except to the extent that is for the
overall greater public interest.
1.3
APPLICATION
1.3.1
This Bylaw shall apply to the whole of Starland County, being all lands and buildings
contained within its corporate limits.
1.3.2
No person shall commence any development within Starland County except in conformity
with this Bylaw.
1.3.3
Compliance with the requirements of this Bylaw does not exempt any person from the
requirements of any adopted statutory plan, including the County's Municipal
Development Plan (MDP), Intermunicipal Development Plans (IDP), Area Structure Plans
(ASPs), and Area Redevelopment Plans (ARPs).
1.3.4
No development shall be undertaken within the Starland County unless an application
for it has been approved and a development permit has been issued, except for those
items listed in Section 1.9 - Development Not Requiring a Development Permit.
1.4
EFFECTIVE DATE OF TRANSITION
1.4.1
This Bylaw comes into force upon third reading.
1.4.2
An application for a subdivision, development permit, or amendment to this Bylaw
submitted prior to the coming into force of this Bylaw shall be evaluated under the
provisions of the Starland County Land Use Bylaw No. 1125, as amended.
1.5
OTHER LEGISLATIVE REQUIREMENTS
1.5.1
In addition to this Bylaw, an applicant is responsible for complying with any other
applicable federal, provincial, or municipal legislation, bylaw or policy, licensing or
permitting regime, or approval process. The applicant is also responsible for complying
with the conditions of any caveat, covenant, easement or other instrument affecting a
building or land.
1.5.2
The County is not responsible for nor does the County have any obligation whatsoever
to determine what other legislation may apply to a development, nor to monitor or
enforce compliance with such legislation.
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1.6
NON-CONFORMING BUILDINGS & USES
1.6.1
Non-conforming buildings and non-conforming uses shall be treated in accordance with
the Act, and any amendments thereto.
1.6.2
A non-conforming building may continue to be used, and the building may be enlarged,
added to, rebuilt or structurally altered, if at the discretion of the Development
Authority, the alterations do not substantially increase the extent of non-conformance
and are within all other requirements of the Bylaw.
1.6.3
Nothing in this Bylaw diminishes or in any way affects the power of the Development
Authority to issue a development permit which makes a non-conforming building
conforming through the granting of a relaxation of the requirements or rules to which
the existing building does not conform.
1.7
SEVERABILITY
1.7.1
In the event any portion of this Bylaw is found invalid by a Court of Law or is overturned
by a superior jurisdiction, the validity of the remaining portions of the Bylaw shall not be
affected.
1.8
RULES OF INTERPRETATION
1.8.1
Where a word is used in the singular, such a word may also mean plural.
1.8.2
Where a masculine or impersonal pronoun or adjective is used, such a word may also
mean the feminine or impersonal pronoun or adjective.
1.8.3
Where a word is used in the present tense, such a word may also mean the future tense.
1.8.4
The word "person" includes a corporation as well as an individual.
1.8.5
The words "shall" and "must" require mandatory compliance except where a variance or
relaxation has been granted pursuant to the Act or this Bylaw. "May" means a choice is
available, with no particular direction or guidance intended.
1.8.6
Words, phrases, and terms not defined in Section 6 of this Bylaw shall have the same
meaning as given to them in the Act or the Safety Codes Act. Where no definition is
provided in this Bylaw, the Act, or the Safety Codes Act, words shall be given their usual
and customary meaning.
1.8.7
Where a regulation involves two or more conditions or provisions connected by the
conjunction "and" means all the connected items shall apply in combination; "or"
indicates that the connected items may apply singly; and "and/or" indicates the items
may apply singly or in combination.
1.8.8
For ease of reference:
a) words that are Capitalized and Bold denote uses defined in Section 6 Definitions;
b) words that are italicized and bold denote general terms defined in Section 6
Definitions;
c) words that are italicized reference federal or provincial legislation or regulations
thereunder; and
d) all other words must be given the plain and ordinary meaning as the context
requires.
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LAND USE BYLAW
1.8.9
When viewing the pdf. version of this Bylaw, words in bold blue font are interactive links
to help navigate to sections of the Bylaw.
1.8.10
The system of measurement used in this Bylaw is the metric system (with the imperial
system provided for convenience only) and are rounded to the nearest decimal place.
For convenience, the following conversion factors are provided:
1.9
DEVELOPMENT PERMIT NOT REQUIRED
1.9.1
This Section does not negate the requirement of obtaining all required permits, as
applicable, under the Safety Codes Act or any other provincial or federal statute.
1.9.2
The following developments shall not require a development permit:
a) any use or development exempted under section 618(1) of the Municipal
Government Act;
b) any use or development exempted by the Lieutenant Governor in Council
pursuant to section 618(4) of the Municipal Government Act;
c) Telecommunication Structures regulated by Industry Canada;
d) the completion of a development which was lawfully under construction at the
date this Bylaw came into effect provided the building is completed in accordance
with the terms and conditions of any development permit(s) granted;
e) the completion of a building that did not require a development permit under the
previous land use bylaw and which was lawfully under construction provided the
building is completed within twelve (12) months from the date this Bylaw came
into effect and complied with any applicable requirements of the previous Land
Use Bylaw with respect to the development.
f) the demolition or removal of any building or structure with an area 9.29 m2 (100
ft2) or greater;
g) an official notice, sign, placard, or bulletin required to be displayed pursuant to
provisions of federal, provincial or municipal legislation; and
Metric
Imperial
1 square metre (m2)
10.8 square feet (ft2)
1 hectare (ha)
2.47 acres (ac)
1 kilometre (km)
0.6 mile (mi)
1 metre (m)
3.3 feet (ft)
1 centimetre (cm)
0.4 inch (in)
1 millimetre (mm)
0.04 inches (in)
1 kilogram (kg)
2.2 pounds (lb)
4
h) the use of a building or part thereof for a federal, provincial, or municipal
election, referendum, or plebiscite.
1.9.3
The following developments shall not require a development permit but must otherwise
comply with all other provisions of this Bylaw (example: setbacks, parking, building
height, etc.):
a) the carrying out of works, maintenance, or repair to any building provided that
such works
i. do not include structural alterations or major works of renovation,
ii. do not change the use of the structure or building, or
b) interior renovations to a building which do not:
i. create another Dwelling Unit,
ii. increase parking stall requirements, or
iii. results in a change of use or the intensity of use of a building;
c) the temporary placement or construction of a non-residential building, works,
plants or machinery needed in connection with the construction of a development
for which a development permit has been issued for the period of those
operations;
d) the use of land for, or the maintenance or repair of public works, services and
Utilities on publicly owned or administered land carried out by or on behalf of
federal, provincial, municipal, public authorities, or private utilities;
e) landscaping that was not required as part of the original development permit;
f) the construction of uncovered decks or patios less than 0.6m (2 ft) above grade
(a covered deck shall require a development permit);
g) The erection, construction or maintenance of gates, fences, walls, or other means
of enclosure in accordance with this Bylaw (see Section 2.11 - Fences and
Hedges);
h) a temporary Shipping Container in accordance with Section 3.1 - Accessory
Buildings, Structures and Shipping Containers.
i)
permanent Shipping Containers in the in accordance with Section 3.1 - Accessory
Buildings, Structures and Shipping Containers in the RAG - Rural Agricultural
General District, RB - Rural Business District, AD - Airport District, and HI -
Hamlet Industrial District. All other Districts require a development permit for
permanent Shipping Containers;
j)
The construction, maintenance and repair of private walkways, pathways,
driveways, and similar works that:
i. do not create additional access to a highway or municipal road; or
ii. forms part of an active development permit.;
provided however that nothing in this subsection (j) shall be interpreted as
granting authorization to encroach upon a municipal road or road
allowance.
k) Extensive Agriculture;
l)
Home Occupation - Phone & Desk;
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LAND USE BYLAW
m) A Home Occupation - Minor, in the RAG - Rural Agricultural General District, RB
- Rural Business District, CR - Country Residential District, RR - Residential
Resort District, or AD - Airport District;
n) Day Homes;
o) Within a Hamlet, parking a Recreational Vehicle on a public street in accordance
with Section 3.7 - Recreational Vehicles.
p) Beekeeping;
q) The construction or placement of one (1) Accessory Building per parcel, provided
it is:
i. no greater than 9.29 m2 (100 ft2) in floor area; and
ii. no greater than 3.65 m (12 ft) in height, and
iii. it meets the setback and parcel coverage standards established in the
relevant land use district.
r) In addition to subsection q), when listed as a permitted use in a District, an
Accessory Farm Building or Structure in accordance with Section 3.1 - Accessory
Buildings, Structures and Shipping Containers;
s) When listed as a permitted use in a District Solar Energy System -
Microgeneration;
t) The installation of a Sign that:
i. is displayed for the convenience, warning, or direction of the public,
including signs which identify restrooms, freight, entrance, signs identifying
business hours, vacancies, a parking entrance or exit, or the like, not
exceeding 0.5 m2 (5 ft2) in sign area; or
ii. is located inside a building and is not visible from the exterior; or
iii. states the municipal address, owner or name of the building, to a maximum
sign area of 0.2 m2 (2 ft2) for a residential use and 0.5 m2 (5 ft2) for a non-
residential use; or
iv. relates to a political campaign for municipal, school board, regional health
authority, provincial or federal elections; or
v. is a temporary sign that relates to a real estate sale or a temporary event,
provided the sign is removed immediately following the event or sale.
u) In addition to signs listed in subsection (u), within the RAG - Rural Agricultural
General District, or RB- Rural Business, one (1) non-illuminated sign per parcel,
not exceeding 3.0 m
2 (32 ft2) in size.
v) In addition, to subsections (u) and (v), a maximum of one (1) sign per Home
Occupation, or Bed & Breakfast Establishment, attached to the building with a
maximum size of 1.0 m2 (10 ft2).
6
1.10
ADMINISTRATIVE AGENCIES
Development Approval Authorities
1.10.1
The Development Authority shall exercise powers and perform duties on behalf of the
County in accordance with the Act.
1.10.2
The Development Authority is:
a) the Development Officer while carrying out his or her functions or duties under
this Bylaw and/or the Act;
b) the Municipal Planning Commission while exercising development powers or
duties under this Bylaw and/or the Act; or
c) where the context of this Bylaw permits in Direct Control Districts, the Council.
Development Officer
1.10.3
The office of the Development Officer is hereby established to Act on behalf of Council
in those matters delegated by the Bylaw and in such matters as Council may instruct
from time to time.
Municipal Planning Commission
1.10.4
The Municipal Planning Commission, established by Bylaw in accordance with the Act,
shall perform such duties as are specified in this Bylaw.
Subdivision Authority
1.10.5
The Subdivision Authority, as established by bylaw, shall perform duties on behalf of the
County in accordance with the Act, the Land Use Bylaw and all relevant County planning
documents.
1.11
POWERS AND DUTIES OF ADMINISTRATIVE AGENCIES
Development Authority
1.11.1
The Development Authority must administer all development permit applications in
accordance with this Bylaw and decide upon all development permit applications.
1.11.2
The Development Authority may refuse to accept or refuse to deem complete a
development permit application where:
a) the information required by this Bylaw is not provided;
b) the quality is in adequate to properly evaluate the application; or
c) the prescribed fee for a development permit has not been paid.
1.11.3
The Development Authority must, upon reasonable notice, make available for inspection,
during office hours, all applications and decisions for development permits, subject to
any legislation in force.
a) The Development Authority must collect fees according to the schedule approved
by Council.
b) The types of development permit applications a Development Authority may
consider are a development permit for:
i. a permitted use that complies with all requirements of this Bylaw;
7
LAND USE BYLAW
ii. a permitted use that does not comply with all requirements of this Bylaw;
iii. a discretionary use that complies with requirements of this Bylaw; and
iv. a discretionary use that does not comply with all requirements of this Bylaw.
1.11.4
As outlined in Section 1.13 Referrals and Notices for Development Permit Applications,
the Development Authority must issue notices regarding the status of a development
permit application in accordance with the Act.
Development Officer
1.11.5
The Development Officer shall:
a) receive, consider and decide on an application for a development permit for
those uses listed as a permitted use for the relevant Land Use District which
comply with the minimum standards; and
b) receive, and refer with recommendations to the Municipal Planning Commission
for its consideration and decision, any application for a development permit
which has been assigned to it for consideration and decision.
Municipal Planning Commission
1.11.6
The Municipal Planning Commission shall decide on an application for those uses listed
as:
a) a discretionary use;
b) those listed as a permitted use and require a relaxation of any measurable
standard in accordance with Subsection 1.14.7; and
c) any application referred by the Development Officer.
Subdivision Authority
1.11.7
The Subdivision Authority must administer all subdivision applications in accordance
with this Bylaw and decide upon all subdivision applications.
1.11.8
The Subdivision Authority may refuse to accept a subdivision application where the
prescribed fee for a subdivision application has not been paid.
1.11.9
The Subdivision Authority may refuse to deem complete a subdivision application where:
a) the information required is not provided; and/or
b) the quality is inadequate to properly evaluate the application.
1.11.10 The Subdivision Authority shall:
a) keep and maintain for the inspection of the public upon reasonable notice copies
of all decisions and ensure that copies of same are available to the public at a
reasonable charge;
b) keep a register of all applications for subdivision, including the decisions therein
and the reasons therefore;
8
c) receive all applications for subdivision including the prescribed application fees
and decide upon all applications in accordance with the Regulation and the Land
Use Bylaw with consideration of all comments received through circulation;
d) issue the following notices and acknowledgements on subdivision applications:
i. notice of complete application;
ii. notice of incomplete application;
iii. notice of decision; and
iv. notice of refusal/deemed refusal of an application.
1.11.11 A notice shall be issued to the applicant on the form created by the Subdivision
Authority and sent by email where consent has been granted by the applicant, otherwise
it shall be sent by mail;
a) excepting subdivision applications not requiring circulation under the Act, to
circulate applications for subdivision for comments to an adjacent municipality
when the original parcel boundaries are adjacent to the municipal boundary or
where an intermunicipal development plan requires;
b) prepare, sign and transmit all notices of decision to the relevant agencies in
accordance with the Regulation;
c) ensure all conditions are complied with prior to endorsement to the satisfaction
of the municipality; and
d) endorse Land Titles instruments to effect the registration of the subdivision of
land.
1.12
APPLICATION FOR DEVELOPMENT
1.12.1
Except as provided in Section 1.9 of this Bylaw, no person shall undertake any
Development in the County unless:
a) A development permit has first been issued pursuant to this Bylaw; and
b) The Development proceeds in accordance with the terms and conditions of the
development permit issued in respect of the Development.
1.12.2
An application for a development permit shall be completed and submitted to the
Development Authority using the prescribed form(s), shall be accompanied by:
a) Copies of a Site Plan or series of Site Plans of the land to be developed, drawn to
scale, which shows the following:
i. legal description of the site with north arrow;
ii. area and dimensions of the land to be developed including lot coverage,
and setbacks;
iii. area and external dimensions of all existing and proposed buildings and
structures;
iv. any provisions for existing and proposed off-street loading and vehicle
parking, including all access and exit points to the site;
v. any existing and proposed rights-of-way and easements;
vi. the location of any significant environmental features that may impact
9
LAND USE BYLAW
development, which may include water bodies, trees and other mature
vegetation, flood prone areas, and significant changes in topographical
slopes;
vii. the location of proposed fencing and landscaping intended for screening
and/or buffering from adjacent properties;
viii. locations and distances of on-site existing and proposed water, sewer
connections, septic tanks, disposal fields, water wells, culverts and
crossings;
ix. site drainage and plans showing existing and finished lot grades;
x. the location of any existing signage; and
xi. the location of any proposed signage requiring a development permit.
xii. Information to confirm the presence or absence of abandoned wells in
accordance with Alberta Energy Regulator's 'Directive 079: Surface
Development in Proximity to Abandoned Wells';
b) a statement of the proposed use(s) and any potential positive or negative impact
on adjacent lands and how the development is designed to ensure or mitigate
such impact;
c) a statement of the previous known land uses and any known provincial approvals
that have been obtained in the past;
d) the development permit fee(s) as prescribed by Council;
e) a copy of the Certificate of Title not older than 90 days, and copies of any
restrictive covenants, utility rights-of-way easements, or Starland County caveats
registered on the Title(s);
f) if the form(s) are not signed by the landowner(s) of the land subject to the
proposed development, then a statement signed by the landowner(s) authorizing
the applicant(s) to apply for and be issued the development permit; and
g) confirmation of corporate signing authority where the registered landowner(s) or
applicant(s) is a corporation.
1.12.3
The Development Authority may also require additional information in order to assess
the conformity of a proposed development with this Bylaw before consideration of the
development permit application shall commence. Such information may include, but is
not limited to:
a) Copies of floor plans, elevations, and sections of proposed buildings and
structures including:
i. an indication of the exterior finishing materials and colour; and
ii. the height from grade.
b) information on the method for the supply of potable water and disposal of waste;
c) storm water management reports and plans that meet provincial requirements
shall be submitted for all commercial and industrial development applications, if
in the opinion of the Development Authority, the proposed development is likely
to significantly alter the natural drainage on the site or increase run-off onto
adjacent lands;
10
d) a groundwater and / or geotechnical analysis to properly evaluate the
development;
e) a private sewage disposal system site evaluation to determine the site suitability
and potential private sewage disposal system acceptable for the site;
f) a traffic impact study or traffic impact assessment;
g) a historical impact report identifying the absence or presence of archaeological
sites;
h) environmental studies and/or assessments confirming the land is suitable for the
proposed development and would not negatively impact lands of environmental
significance;
i)
information describing the handling, storage and disposal of any noxious, toxic,
radioactive, flammable, or explosive materials that may be included in the
proposed development;
j)
information regarding fire suppression, emergency response protocols and/or on-
site security;
k) in the case of the placement of an already constructed or partially constructed
building on a parcel of land, information relating to the age and condition of the
building and its compatibility with the district in which it is to be located;
l)
an assessment by a qualified professional of any potential flooding or subsidence
or slope stability hazard that may, in the sole opinion of the Development
Authority, affect the subject parcel;
m) where a proposal is considered to have a significant environmental impact, the
Development Authority may request the applicant to have an environmental
evaluation or report (e.g., Biophysical Impact Assessment) prepared and
submitted or undertake its own environmental evaluation regarding the proposed
development, at the cost of the applicant;
n) a construction management plan;
o) when there is potential for major and/or phased development of a single parcel, a
Master Site Plan demonstrating the remainder of the lands can be developed in
accordance with this Land Use Bylaw and any other applicable plan, policy, or
engineering standard;
p) the estimated commencement and completion dates of the proposed
development;
q) the estimated cost of the project or contract price; and
r) a Real Property Report, prepared by an Alberta Land Surveyor, showing the
location and distances of any existing buildings, waterbodies, trees or other
physical features on or adjacent to the parcel being developed.
1.12.4
Notwithstanding Sections 1.12.1, 1.12.2, and 1.12.3 at the discretion of the
Development Authority, additional information, plans, or reports, may be required to
adequately render a decision on an application.
1.12.5
Where technical reports are required to support an application, the report shall be
certified by a qualified professional who is accredited to practice in Alberta in the related
field, to the satisfaction of the Development Authority.
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LAND USE BYLAW
1.12.6
The application shall not be deemed complete until the application contains the
documents and other information necessary to review the application, as required by the
Development Authority.
1.13
REFERRALS AND NOTICES FOR DEVELOPMENT PERMIT APPLICATIONS
1.13.1
The Development Officer shall:
a) issue the following notices and acknowledgements on development permit
applications:
i. notice of complete application;
ii. notice of incomplete application; and
iii. notice of decision/ deemed refusal.
b) refer all development permit applications that are within 1.6 km (1 mile) of the
boundary of an adjacent municipality (rural or urban) to that municipality for
comments and recommendations, prior to a decision being made;
c) refer, at his/her discretion, a permit application for any development for
comments to those authorities whose interest or jurisdiction may be affected, for
comments on the proposed development;
d) notwithstanding the provisions of subsection (a), may refer any application to the
Municipal Planning Commission at his/her discretion, which in his/her opinion
should be decided by the Commission;
e) notwithstanding the provisions of subsection (a), once a development permit
application for a discretionary use or a permitted use that requires a relaxation
(variance) has been deemed complete, the Development Officer or Municipal
Planning Commission may, at their discretion,
f) provide a 'Notice of Application' to all adjacent landowners or a greater
circulation area, if potential for conflict is deemed to be probable.
1.14
DECISION PROCESS - DEVELOPMENT PERMIT APPLICATION
1.14.1
The Development Authority may make a decision on an application for a development
permit notwithstanding that any information required or requested has not been
submitted.
Permitted Use Permits
1.14.2
Where a development permit application is for a permitted use in a building or on a
parcel and the proposed development conforms to all of the applicable requirements
and rules of this Bylaw, the Development Authority must approve the application and
issue the development permit. The Development Authority may impose such conditions
as required to ensure compliance with this Bylaw.
Permitted Use Permits Requiring a Relaxation
1.14.3
Where a development permit application is for a permitted use in a building or on a
parcel and the proposed development does not conform to all of the applicable
requirements and rules of this Bylaw, the Development Authority may:
a) refuse to approve the development permit application; or
12
b) approve the development permit application; and may:
i. grant a relaxation of the requirement or regulation to which the proposed
use does not conform; or
ii. impose such conditions as required to ensure compliance with this Bylaw.
Discretionary Use Permits
1.14.4
When making a decision on a development permit for a discretionary use the
Development Authority must take into account:
a) any statutory plans and municipal policies affecting the parcel;
b) the purpose statements in the applicable Land Use District;
c) the appropriateness of the location and parcel for the proposed use;
d) the compatibility and impact of the proposed development with respect to
adjacent parcels and the neighbourhood;
e) the merits of the proposed development;
f) the utility servicing requirements;
g) access, parking and transportation requirements;
h) vehicle and pedestrian circulation within the parcel;
i)
the impact on the public transportation system; and
j)
sound planning principles.
1.14.5
The Development Authority may approve a development permit application for a
discretionary use, and may impose such conditions considered appropriate or necessary,
which may include:
a) limiting hours of operation;
b) limiting number of patrons;
c) establishing landscaping requirements;
d) requiring noise attenuation;
e) requiring special parking provisions;
f) specifying the location, character and appearance of a building;
g) specifying the grading of a parcel or such other procedures as is necessary to
minimize impact on adjacent parcels;
h) establishing the period of time during which a development may continue; and
i)
ensuring the development is compatible with surrounding uses.
1.14.6
The Municipal Planning Commission may, as a condition of approving a development
permit that does not comply with all of the applicable requirements and rules of this
Bylaw require the applicant to conform to a higher standard than required by the
applicable rules if, in the opinion of the Development Authority, conformance to a higher
standard will off-set any impact of granting the relaxation.
1.14.7
The Municipal Planning Commission may approve an application for a development
permit that is a permitted use or discretionary use, but that does not otherwise comply
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LAND USE BYLAW
with the provisions of this Bylaw, if in the opinion of the Municipal Planning Commission
the proposed development would not:
a) unduly interfere with the amenities of the neighbourhood;
b) materially interfere with or affect the use, enjoyment, or value of the neighbouring
properties; and
c) the proposed development conforms with the use prescribed for that land or
building in this Bylaw.
1.14.8
The Municipal Planning Commission may refuse a development permit application for a
discretionary use even though it meets the requirements and rules of this Bylaw.
Similar Use Permits
1.14.9
Where the proposed use is not listed as a permitted use or discretionary use in a Land
Use District and is not otherwise defined in Section 6 Definitions, the Municipal Planning
Commission may consider it to be so listed as a discretionary use if, in its opinion, it is
sufficiently similar in character and purpose to a listed permitted use or discretionary
use and conforms to the purpose and intent of the Land Use District.
Temporary Use Permits
1.14.10 If an application is made for a development that is identified as a Temporary Use in this
Bylaw, the Development Authority may consider and approve a development for a
specific period of time, not exceeding one (1) year. The Development Authority may
issue a permit for longer than one (1) year if deemed appropriate for the use or the
parcel.
1.14.11 A Temporary Use development permit will state a date on which the development must
cease.
1.14.12 Where a Temporary Use development permit is issued in accordance with this Bylaw and
the specified time period lapses, it is the responsibility of the applicant to request
extension or renewal of the permit.
Development Agreements
1.14.13 As per section 650 of the MGA, the Development Authority may require that as a
condition of issuing a development permit, the applicant enter into an agreement with
the County to do any or all of the following:
a) to provide security to ensure that the terms of the agreement are carried out;
b) to install or pay for the installation of public utilities, other than
telecommunications systems or works, that are necessary to serve the
development;
c) landscaping, screening and site development be required as per this Bylaw;
d) to construct or pay for the construction of a road to Starland County standards
giving access to the development;
e) to construct or pay for the construction of a pedestrian walkway system to serve
the development, or pedestrian walkways to connect the pedestrian walkway
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system serving the development with a pedestrian walkway system that serves or
is proposed to serve an adjacent development;
f) to construct or pay for the construction of off-street or other parking facilities and
for loading and unloading facilities;
g) to pay an off-site levy or redevelopment levy;
h) that the developer shall be responsible for obtaining their own assessment of soil
conditions related to bearing capacities and consolidation in relation to the
proposed development, and the development shall be designed, constructed and
maintained in such a manner as to ensure the development is safe and stabile on
the subject lands;
i)
that drainage from foundation to curb and the slope of the yard follows Starland
County standards;
j)
require that the applicant be held responsible, and pay for, all legal and
engineering fees incurred by Starland County as a direct result of the application
for development permit and during the implementation of the proposed
development; and
k) other conditions as deemed necessary to evaluate the suitability of the proposed
development on the subject parcel.
1.14.14 The County may register a caveat pursuant to the provisions of the Act and the Land
Titles Act in respect of an agreement under Subsection 1.14.13 against the Certificate of
Title for the land that is the subject of the development. Said caveat shall be discharged
when the agreement has been complied with.
1.14.15 Where a development permit has been granted and as a condition of approval, the
applicant shall be required to provide a cash security, in the sum outlined in the
County's current Fees and Services Bylaw, to ensure the completion of any repairs to
County property. The County may draw on this security to cover the costs of any repairs
to County property in the event the applicant fails to complete the repairs within thirty
(30) days of being notified by the County of the damages.
1.14.16 Where a development permit has been granted for the development of a housing unit
consisting of two or less units, including for a duplex dwelling; manufactured dwelling,
accessory dwelling unit; or detached dwelling as a condition of approval, the applicant
shall be required to provide an irrevocable Letter of Credit, as a security, in the sum
outlined in the County's current Fees and Services Bylaw, to ensure construction is
completed to the satisfaction of the Development Authority.
1.14.17 In the case where an application for a development permit has been refused pursuant to
this Bylaw or ultimately after appeal to an Appeal Body, the submission of a subsequent
application for a permit on the same property and for the same or similar use of the land
by the same or any other applicant need not be accepted by the Development Authority
for at least six (6) months after the date of the previous refusal.
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LAND USE BYLAW
Applications the Development Authority Must Refuse
1.14.18 The Development Authority must refuse a development permits application when the
proposed development:
a) is for a use that is not listed as either a permitted use or discretionary use in the
Land Use District; or
b) is for a use containing a restriction in its definition that is not met by the
proposed use.
1.15
ISSUANCE OF DEVELOPMENT PERMITS
1.15.1
For the purpose of this section, the date of receipt of a mailed Notice of Decision is
deemed to be five (5) days from the date that the decision is mailed.
1.15.2
Notwithstanding subsections 1.15.4 and 1.15.6 where an appeal is made pursuant to
this Land Use Bylaw, a development permit which has been approved shall not come
into effect:
a) until the appeal has been determined by the Appeal Body and the permit is
affirmed, modified or nullified thereby, or;
b) in the event of a further appeal, until the appeal has been determined by the
Court of Appeal or, in the event of a rehearing by the Appeal Body, until the
appeal has been reheard and determined by the and the permit is affirmed,
modified or nullified thereby.
Permitted Uses
1.15.3
A Notice of Decision by the Development Authority on an application for a development
permit for a permitted use where no provisions of this Land use Bylaw have been
relaxed or varied shall be given in writing and a copy of it:
a) shall be sent to the applicant by mail or email; and
b) may be posted on the County's website.
1.15.4
A development permit granted pursuant to this Land Use Bylaw for a permitted use
where no provisions of this Land Use Bylaw have been relaxed or varied, is effective
upon the Notice of Decision being communicated to the applicant.
Discretionary Uses and Permitted Uses with Variances or Relaxations
1.15.5
A Notice of Decision by the Development Authority on an application for a development
permit for a discretionary use, or a permitted use where the provisions of this Bylaw
have been relaxed or varied, shall be given in writing and a copy of it:
a) sent to the applicant by mail or email;
b) immediately mailed in writing to all owners of land adjacent to the subject parcel
and;
c) published in a local newspaper or;
d) published through electronic media.
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1.15.6
A development permit granted pursuant to this Land Use Bylaw for a discretionary use,
or a permitted use where the provisions of this Land Use Bylaw have been relaxed or
varied, does not come into effect until 21 days after the Notice of Decision is
communicated per subsection 1.15.1 above.
1.15.7
If after the issuance of a development permit it becomes known to the Development
Authority that:
a) the application for a development permit contains a misrepresentation; or
b) facts have not been disclosed which should have been disclosed at the time of
consideration of the application for the development permit; or
c) the development permit was issued in error; then
the development permit may be suspended or canceled by notice in writing,
issued by the Development Authority to the applicant at the address and/or email
address given in the development permit application.
1.16
COMMENCEMENT AND COMPLETION OF DEVELOPMENT
1.16.1
For the purposes of this Bylaw, commencement includes excavation, but does not
include fencing, or demolition on the parcel, or obtaining permits.
1.16.2
The approval or issuance of a development permit does not authorize commencement of
construction except in conjunction with all other required permits and conditions of the
development permit.
1.16.3
If the development authorized by a development permit is not commenced within twelve
(12) months from the date if comes into effect per Section 1.15, or carried out with
reasonable diligence, then the development permit is deemed to be void, unless an
extension request is submitted in writing by the applicant and granted by the
Development Authority. The extension request must provide reasons for the request.
1.16.4
If the development authorized by a development permit is not completed within twenty-
four (24) months of the date of issue or as otherwise specified within a development
permit, the development permit is deemed to be void, unless an extension request is
submitted in writing by the applicant and granted by the Development Authority. The
extension request must provide reasons for the request.
1.17
APPEALS
Development Appeals
1.17.1
Appeals in respect of decisions on development permit applications are governed by the
Act.
1.17.2
Where the Development Authority:
a) refuses or fails to render a decision on an application for a development permit;
or
b) approves an application for a development; or
c) issues an order under this Bylaw;
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LAND USE BYLAW
the person applying for the permit or affected by the order, or any other affected
person, as the case may be, may appeal to the Appeal Body within the dates outlined in
the Act.
Subdivision Appeals
1.17.3
An appeal with respect to a decision on a subdivision application is governed by the Act
and the Regulation.
1.18
BYLAW AMENDMENT PROCESS
1.18.1
Council may at any time initiate an amendment to this Bylaw.
1.18.2
Any owner of a parcel, his authorized agent, or other persons having legal or equitable
interest in the parcel may apply to Starland County to have the Land Use District of the
parcel changed through an amendment to this Bylaw.
1.18.3
All applications for amendments of this Bylaw shall be made using the approved form,
accompanied by:
a) the prescribed fee;
b) a statement of the applicant's interest in the land;
c) a title search for the land affected or other documents satisfactory to Starland
County that supports the applicant's interest in the said land;
d) any drawings, plans or maps required by Starland County; and
e) any other documents as required by Starland County.
1.18.4
All amendments to this Land Use Bylaw shall be made by Council by bylaw and in
accordance with the procedures set forth in the Act.
1.18.5
Prior to rendering a decision on an application that proposes to redesignate agricultural
lands to the CR - Country Residential District, or RR - Residential Resort District Council
shall consider if the proposal complies with the agricultural and country residential
policies of the Municipal Development Plan.
1.18.6
The Council, in considering an application for an amendment to this Land Use Bylaw,
shall refer a copy of the proposed amendment to any agencies it considered necessary,
including, but not limited to:
a) Palliser Regional Municipal Services;
b) Adjacent municipalities when the application pertains to lands within 1.6 km (1
mile) of the boundary of an adjacent municipality (rural or urban); and
c) such other persons or agencies as it considers necessary for comment.
1.18.7
If an application for an amendment to this Bylaw has been refused by the Starland
County Council, then the Starland County Council need not accept an application for an
amendment for the same use on the same parcel of land for six (6) months from the date
of the refusal.
1.19
DIRECT CONTROL DISTRICTS AND PERMITS
1.19.1
Direct Control Districts shall only be used for the purpose of providing for land or
18
developments that, due to their unique characteristics or unusual site constraints,
require specific regulation unavailable in other Land Use Districts.
1.19.2
Direct Control Districts shall not be used in substitution of any other Land Use District in
this Bylaw that could be used to achieve the same result either with or without variances
to this Bylaw.
1.19.3
Upon receipt of a completed application for a development permit pursuant to a Direct
Control District, the Council may, prior to making a decision, refer the application to the
Development Authority, any municipal department or external agency for comment.
1.19.4
Prior to deciding upon the development permit application before it, the Council may
provide public notice through means and to whom it considers necessary, that a
decision on a development permit pursuant to a Direct Control District is to be made
and that Council may afford an opportunity to any interested person to make
representation on the application and shall take into account any such representations
made when giving final consideration to the said application.
1.20
ENFORCEMENT
Offences
1.20.1
Any owner, lessee or occupant of land or a building, or the owner of a structure or a
Sign thereon, who with respect to such land, building, structure or Sign, contravenes,
uses, or allows a contravention of any provision of the Bylaw commits an offense.
1.20.2
Any person who commences or continues development for which a development permit
is required but has not been issued, has expired, has been revoked or suspended, or
which is in contravention of a condition of a development permit under the Bylaw
commits an offense.
1.20.3
Any person who prevents or obstructs the Development Authority or a Designated
Officer from carrying out any official duty under the Bylaw or the Act commits an
offense.
1.20.4
A Designated Officer may enforce the provisions of the Bylaw, or the conditions of a
development permit pursuant to the Act.
1.20.5
Nothing in this Bylaw diminishes or in any way affects the rights of Starland County
pursuant to the Act, or at common law to seek an entry order, order for compliance,
injunction or any other order to obtain compliance with this Bylaw.
Entry and Inspection
1.20.6
Pursuant to the Act, a Designated Officer, or their delegate, may only enter land or a
building for the purpose of ensuring compliance with the Act and the Regulation, or this
Bylaw if:
a) the owner or person in possession of it gives his consent to the entry; or
b) the entry is authorized by an Order of the Court of Queen's Bench; and
c) only for the purpose of ensuring compliance with the Act and the Regulation, or
this Bylaw.
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LAND USE BYLAW
Orders
1.20.7
Pursuant to Section 645 of the Act where an offense under the Bylaw occurs, the
Development Officer may by written notice, order the owner or the person in possession
of the land or buildings, or the person responsible for the contravention to:
a) stop the development or use of the land or buildings in whole or in part as
directed by the notice; or
b) demolish, remove, or replace the development; or
c) carry out any other actions required by the notice so that the development or use
complies with the Bylaw.
1.20.8
A person who receives an order referred to in subsection 1.20.7 above, may appeal to
the Appeal Body in accordance with Section 1.17 - Appeals of this Bylaw.
1.20.9
Where the Council or a Designated Officer carries out an order, the Council shall cause
the costs and expenses incurred in carrying out the order to be added to the tax roll of
the parcel of land and the amount:
a) is deemed for all purposes to be a tax imposed under the Act from the date it
was added to the tax roll; and
b) forms a special lien against the parcel of land in favour of the Municipality from
the date it was added to the tax roll.
Violation Tags and Penalties
1.20.10 The Designated Officer may issue a violation tag to any person who commits an offense.
1.20.11 The violation tag shall specify the alleged offence committed by the person to whom the
violation tag is issued and require voluntary payment.
1.20.12 The violation tag shall be served upon the alleged offender personally, or if the
defendant cannot be conveniently found, by leaving it for the defendant at the
defendant's place of residence with a person on the premises who appears to be at least
18 years of age, or by mailing a copy to such person at their last known address.
1.20.13 Where contravention of this Bylaw is of a continuing nature, further violation tags or a
violation ticket may be issued by a Designated Officer or Peace Officer, provided that no
more than one violation tag or violation ticket shall be issued for each calendar day that
the contravention continues.
1.20.14 Where a violation tag is issued pursuant to this Bylaw, the person or company to whom
the violation tag is issued may, in lieu of being prosecuted for the offense, pay to
Starland County the minimum penalty specified in Table 1 Minimum Specified Penalties.
1.20.15 Fines for second and additional offences noted in Table 1 Minimum Specified Penalties
are for when the offence has occurred within a twelve (12) month period of the previous
offence.
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Table 1 Minimum Specified Penalties
Offence
First Offence
Additional
Offences
Failure to obtain a development permit
$250
$500
Failure to obtain a development permit for a Sign
$100
$200
Failure to comply with development permit conditions
$500
$1000
Failure to comply with District regulations
$500
$1000
Failure to comply with any other regulation or standard of
the Bylaw
$250
$500
All other offences
$500
$1000
Violation Tickets
1.20.16 Notwithstanding any other provision of this Bylaw, a Peace Officer is hereby authorized
and empowered to immediately issue a violation ticket pursuant to the Provincial
Offences Procedures Act, as amended, to any person who the Peace Officer has
reasonable grounds to believe has contravened any provision of this Bylaw.
1.20.17 Nothing in this Bylaw shall prevent a Peace Officer from issuing a summons for the
mandatory court appearance of any person or company who contravenes any provision
of this Bylaw.
1.20.18 Any person who is guilty of an offence and is liable upon summary conviction to a fine
not less than $100.00 and not exceeding $10,000 per violation after conviction and
costs, and upon failure to pay the fine and costs, to imprisonment for a period not
exceeding thirty (30) days unless such fine and costs are sooner paid.
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LAND USE BYLAW
2 General Land Use Regulations
2.1
APPLICABILITY
2.1.1
These regulations within Section 2 - General Land Use Regulations, shall apply to all
developments within the County, unless otherwise exempted.
2.1.2
Where any regulation in this section may be in conflict with any regulation of a given
Land Use District in Section 4 or the Specific Use Regulations in Section 3, the
regulation in the District or Specific Use Regulation shall take precedence.
2.2
DESIGN, CHARACTER AND APPEARANCE
2.2.1
The design, use of materials, construction, character, location, and appearance all
developments, including buildings, structures, and Signs must be to the satisfaction of
the Development Authority, compatible and complementary with other developments in
the area, unless the development is setting a new standard of design.
2.2.2
When reviewing the design, character, and appearance of developments, the
Development Authority will take the following into consideration:
a) how the development integrates with existing developments on the subject
parcel and adjacent properties (i.e., if the building is proportionate in height);
b) how the development may impact the visibility of viewpoints;
c) if the building is proposed in a manner that visually retains, or is compatible with,
the existing landscape; and
d) if sightlines from the subject parcel or adjacent parcels will be unduly obstructed.
2.3
DWELLING UNITS ON A PARCEL
2.3.1
No person shall construct or locate more than one Dwelling Unit on a parcel unless it is
otherwise permitted in this Land Use Bylaw.
2.4
OBJECTS PROHIBITED OR RESTRICTED IN YARDS
2.4.1
No person shall keep or permit in any part of a yard on a parcel in a residential district
or on a parcel where the Development Authority has deemed the principal use to be
residential:
a) Any dismantled or wrecked vehicle for more than fourteen (14) successive days;
b) Any object or chattel, which, in the opinion of the Development Authority is
unsightly or tends to adversely affect the amenities of the District;
c) Any excavation, storage or piling up of material unless all necessary safety
measures are undertaken; the owner of such materials or excavations assumes
full responsibility to ensure the situation does not prevail any longer than
reasonably necessary to complete a particular stage of construction work.
2.4.2
The following shall apply in all Land Use Districts when outdoor storage areas are
22
proposed as part of a permitted or discretionary use development permit application:
a) Outdoor storage of goods, materials or equipment shall require a development
permit unless the Development Authority has deemed the storage to be integral
to another use that has been approved or that does not require a development
permit;
b) Outdoor storage areas may be required to be screened from view by means of
fencing, shrubbery, trees, and other landscaping to the satisfaction of the
Development Authority;
c) Outdoor storage shall not unduly interfere with amenities of the district or
adversely affect neighboring lots by reason of excessive noise, smoke, steam,
odor, glare, dust vibration, refuse matter or other emissions; and
d) Outdoor storage areas shall be located, developed, and maintained in a neat and
orderly manner to the satisfaction of the Development Authority.
2.5
SCREENING
2.5.1
For commercial, industrial and apartment dwelling developments, garbage and waste
material must be stored in weatherproof and animal proof containers. Garbage and
waste material storage must be screened from public roads, excluding lanes.
2.5.2
Commercial and industrial developments abutting a residential district or a parcel with a
residential use shall be screened from view on an interior side parcel line or rear parcel
line, to the satisfaction of the Development Authority.
2.5.3
Where permitted, outdoor storage areas of commercial and industrial materials and
equipment shall be screened from adjacent parcels and public roads.
2.5.4
On corner lots within the corner visibility setback as shown in Figure 2: Corner Visibility
Triangle, screening shall be a maximum of 1.0 m (3.3 ft) in height above grade to ensure
public safety and/or good visibility for traffic and pedestrian purposes.
2.6
UTILITY SERVICES AND INFRASTRUCTURE
2.6.1
All developments shall install and maintain adequate sewage disposal systems, drainage,
and potable water systems for all uses on-site, as approved by the appropriate
authorities.
2.6.2
Prior to approving a development permit, the Development Authority must confirm there
is adequate sewage collection, treatment and disposal, water supply treatment and
distribution, stormwater collection and storage and road capacity necessary to serve a
development.
2.6.3
A development shall not be permitted if the development is not served by:
a) the municipal sewer and water system; or
b) at the discretion of the Development Authority, a provincially approved private
system.
2.6.4
Where a proposed use may release contaminants or other deleterious substances into
the municipal sewer system, the Development Authority may require an applicant to
submit plans and reports prepared by a qualified professional to evaluate the potential
impact on the sewer system and propose mitigations.
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LAND USE BYLAW
2.6.5
The Development Authority may require a fats, oil and grease (FOG) interceptor, an oil
and grit separator or other such interceptor, and/or a test manhole to be installed where
a use may release contaminants or other deleterious substances into the municipal
sewer system.
2.6.6
Stormwater run-off shall be contained on-site or disposed of in a manner acceptable to
the County and/or as required in a stormwater management report prepared by a
qualified professional.
2.7
SITE GRADING AND DRAINAGE
2.7.1
Parcel grades and building elevations shall be established to ensure effective drainage
and prevent drainage from one parcel to another, except where drainage conforms to an
approved subdivision drainage plan.
2.7.2
The owner of a parcel shall be responsible to ensure that grading is maintained over
time to provide effective drainage. Where maintenance of a common drainage swale or
path at a property line is required, the responsibility of maintenance lies with the owners
of both parcels. Where a drainage swale or path is established within an easement or
right-of-way on a parcel, swale grades shall be maintained, and the swale shall be kept
free of any obstructions.
2.7.3
Where retaining walls are necessary or proposed in any development, such walls shall be
developed with professional quality and shall not negatively affect adjacent parcels due
to site elevations or drainage.
2.8
RELOCATED BUILDINGS AND DWELLINGS
2.8.1
Notwithstanding Section 1.9 Development Permit Not Required, a development permit
shall be required for a Relocated Building or Relocated Dwelling to be established on
any parcel within the County.
2.8.2
A development permit for a Relocated Building or Relocated Dwelling may include
conditions of approval that:
a) the building/ dwelling and the proposed parcel of land for the relocation meets
the requirements of the Land Use District in which the building/dwelling is to be
located;
b) the building/dwelling is compatible with the character of the neighbourhood in
which it's to be relocated to; and
c) the building/dwelling be renovated to a satisfactory condition within a specified
time.
2.9
DEMOLITION OF BUILDINGS
2.9.1
Notwithstanding Section 1.9 Development Permit Not Required, a development permit
shall be required for the demolition of a building or structure where the waste materials
are to be moved off of the parcel of land.
2.9.2
Waste materials shall be disposed of at a certified landfill or an approved Waste
Management Facility.
2.9.3
Approval to demolish a building shall be subject to Subsection 1.14.13, where a
development agreement and security is required to repair any damage to municipal
24
roads, or other public property as a result of transporting waste.
2.9.4
Upon demolition or destruction of a building, the site shall be immediately fenced to the
satisfaction of the Development Officer.
2.9.5
Upon demolition or destruction of a building, the site shall be cleaned up, including the
removal of any cement foundation, within six (6) months of the demolition or
destruction, to the satisfaction of the Development Officer.
2.9.6
All burning of waste materials requires a permit from the municipality.
2.10
PERMITTED PROJECTIONS INTO SETBACKS
2.10.1
In all districts, the minimum yard setbacks do not apply to:
a) construction wholly beneath the surface of the ground;
b) driveways, parking stalls and sidewalks;
c) fences and retaining walls; and
d) landscaping.
2.10.2
Residential building projections specified in Subsections 2.9.3 to 2.9.8 into or over a
required yard setback shall not require a variance (Figure 1: Permitted Projections into
Yard Setbacks).
2.10.3
Where a building or buildings on the parcel are divided by condominium or subdivision
such that the building contains units that are on separate lots or titles, the district yard
setbacks do not apply within the development but shall apply from the property line of
abutting lots.
Front Yard
2.10.4
The following projections may be permitted to a maximum of 0.6 m (2 ft.) into the
required front yard setback:
a) eaves,
b) bay windows,
c) shade projections, and
d) chimneys.
2.10.5
The following projections may be permitted to a maximum of 1.8 m (6 ft.) into the
required front yard setback:
a) balconies,
b) stairways and landings, and
c) uncovered decks.
Side Yard
2.10.6
The following projections may be permitted to a maximum of 0.6 m (2 ft.) into the
required side yard setback:
a) eaves,
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LAND USE BYLAW
b) shade projections,
c) stairways and landings greater than 0.6 m (2 ft.) above grade, and
d) chimneys.
2.10.7
The following projections may be permitted to a maximum of 100% of the required side
yard setback:
a) stairways and landings no more than 0.6 m (2 ft.) above grade.
Rear Yard
2.10.8
The following projections may be permitted to a maximum of 2.0 m (6.5ft.) into the
required rear yard setback
a) eaves,
b) balconies,
c) bay windows,
d) uncovered decks
e) stairways/ landings;
f) chimneys, and
g) shade projections.
26
Figure 1: Permitted Projections into yard setbacks
2.11
FENCES AND HEDGES
2.11.1
The following regulations apply to all Parcels:
a) Along provincial highways, shelterbelts, corrals, and fences greater than 2 m (6.5
ft.) in height shall be set back as required by Alberta Transportation
b) Shelterbelts and fences of at least 2.0 m (6.5 ft.) in height shall be set back 7.5
m (25 ft.) from the right-of-way of all county roads, unless otherwise approved by
the Municipal Planning Commission.
2.11.2
The following regulations apply to Hamlets only:
a) In residential districts or a parcel with a residential use as the principal use, the
maximum height above grade of a fence located within a yard shall be in
accordance with Table 2: Maximum Fences Heights in a Residential Yard.
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LAND USE BYLAW
Table 2: Maximum Fences Heights in a Residential Yard
Location
Maximum height from grade:
Rear or side yard (interior)
2m (6 ft.)
Front yard
1m (3 ft.)
Side yard (exterior)
1.2m (4 ft.)
b) To determine the front yard for a corner parcel, see Section 2.13 - Corner Parcels
and Reverse Corner Parcels.
c) On corner lots within the corner visibility setback regulated in Section 2.12
Corner Visibility Triangle Setback (see Figure 2: Corner Visibility Triangle), hedges
and trees shall be planted and trimmed to a maximum of 1.0 m (3.3 ft.) in height
to ensure public safety and/or good visibility for traffic and pedestrian purposes.
d) Materials used to construct fences may be wood, brick, stone or concrete, or
metal and shall be aesthetically acceptable and in general conformity with
adjacent properties.
2.12
CORNER VISIBILITY TRIANGLE SETBACK
2.12.1
In any Hamlet District, on a corner parcel, nothing shall be erected, placed, planted or
allowed to grow in a manner which may restrict traffic visibility at street intersections 1.0
m (3.3 ft.) above the centre line grades of the intersecting streets in the area bounded
by the property lines of such corner lots and a line joining points along the said
property line 6.1 m (20 ft) from the point of intersection. See Figure 2: Corner Visibility
Triangle below.
28
Figure 2: Corner Visibility Triangle
2.13
CORNER PARCELS AND REVERSE CORNER PARCELS
2.13.1
The parcel lines and yards of corner lots shall be determined by the following (Figure 3:
Corner Lot and Reverse Corner Lot):
a) the front parcel line of a corner lot is the shortest property line abutting a road;
b) the exterior side parcel line of a corner lot is the longest property line abutting a
road;
c) the interior side parcel line of a corner lot is the longest property line abutting a
parcel; and
d) the rear parcel line of a corner lot is the shortest property line abutting a parcel
or lane.
2.13.2
Notwithstanding subsection (1) above or anything else in this Bylaw, the Development
Authority may determine a corner lot to be a reverse corner lot (Figure 3: Corner Lot
and Reverse Corner Lot).
2.13.3
The Development Authority shall determine the front, rear and side yards of a reverse
corner lot by taking into account:
a) the general pattern and location of existing buildings on adjacent parcels;
b) the size and geometry of the corner lot;
c) the ability to create sufficient privacy on the parcel and privacy for adjacent
parcels;
d) ensuring safe traffic movement at the intersection, considering the primary flow of
traffic and access to the parcel; and
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LAND USE BYLAW
e) the general aesthetics, considering the location and height of fencing and
hedges.
2.13.4
For parcels other than corner lots which have frontage on two roads, or for parcels
which are not rectangular in shape, the Development Authority shall determine the yard
designations.
Figure 3 Alternative Front Yard for Corner Parcels.
2.13.5
No variance to this Land Use Bylaw is required if the Development Authority determines
an alternative Front Yard based on Section 2.13 Corner Parcels and Reverse Corner
Parcels.
30
2.14
PARKING AND LOADING
2.14.1
On-site parking stalls shall be provided in accordance with Table 3: On-site Parking
Requirements.
Table 3: On-site Parking Requirements
Use
Minimum number of parking stalls
Bed and Breakfast Establishment
1 parking stall per owner; and
1 parking stall per guest room
Special Care Housing
0.5 parking stalls per resident room or
Dwelling Unit
Drinking Establishment
Eating and Drinking Establishment
Indoor Recreation or Culture Facility
1 parking stall per 4 seats
Dwelling, Detached
Dwelling, Duplex
Dwelling, Accessory Unit
1 parking stall per Dwelling Unit
Hotels & Motels
Tourist Lodge Facility
1 parking stall per guest suite
Manufactured Home Park
Dwelling, Apartment
Dwelling, Attached
1 parking stall per Dwelling Unit/ lot; and
1 visitor parking stall per every 5 units/
lots.
Developments with 4 or less Dwelling
Units do not require visitor parking stalls.
Educational Institution
High School or Post-Secondary - 4 parking
stalls per classroom
All others: 1 parking stall per classroom
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LAND USE BYLAW
Data Centre
Hospital
Vehicle Sales & Service
Manufacturing, Light
Kennel
1 parking stall per 93 m2 (1,000 ft2.) of
gross floor area
Agricultural Supply Deport
Bulk Oil and Fuel Depot and Sales
Manufacturing, Light
Farm and Large Equipment Service, Repair and
Sales
Child Care Facility
Veterinary Clinics
Warehousing and Distribution
2 parking stalls per 93 m2 (1,000 ft2.) of
gross floor area
Car Wash
Financial Institution
Indoor Recreation or Cultural Facility
Professional Office
Retail and Service
Service Station
3 parking stall per 93 m2 (1,000 ft2.) of
gross floor area
All other discretionary uses
At the discretion of the Development
Authority.
2.14.2
For multiple use sites, parking requirements shall be based on the sum of the calculation
of parking required for each individual use.
2.14.3
Parking stalls shall be provided for all developments in accordance with Table 3: On-site
Parking Requirements; and:
a) shall be calculated on the basis of number of Dwellings Units, or gross floor area,
or where the term "seats" is used shall be calculated on the basis of fire
occupancy ratings;
b) where the calculation of the required number of parking stalls results in a
fractional number, the requirements shall be rounded up to the nearest full stall;
and
32
c) where the parking stall requirements of a development are not specified in this
Bylaw, the Development Authority shall be guided by the standards for similar
uses.
2.14.4
A parking space shall not be less than 15m2 (160 ft2) in area and shall not be less than
2.5 metres (8 ft) wide.
2.14.5
All parking stalls and loading stalls shall have direct access to a public road or
maneuvering aisle with adequate access to a public road.
2.14.6
Parking stalls and loading stalls must not be provided as tandem parking unless
otherwise allowed in this Bylaw.
2.14.7
Parking Areas for an apartment building shall not be located in the front yard.
2.14.8
The Development Authority may reduce or waive parking requirements where:
a) The configuration of the building(s);
b) Access requirements;
c) Site dimensions; or
d) A parking study provided by the applicant/developer are determined by the
Development Authority to justify a variance is warranted.
2.14.9
All new non-residential development (e.g. commercial, industrial, institutional) or an
expansion of an existing development shall provide and maintain off-street loading and
unloading spaces in accordance with the following:
a) A minimum of one (1) loading stall shall be required per non-residential building,
unless it can be otherwise demonstrated to the Development Authority that
loading can reasonably take place on the parcel without a dedicated loading stall,
or that it can be shared amongst multiple developments and/or tenants to
minimize the number of loading stalls required;
b) Every loading stall shall not be less than 3.5m (10 ft.) wide and shall provide no
less than 4.3m (14 ft.) overhead clearance;
c) The loading stall shall be hard surfaced if the access is from a public street or
lane which is hard surfaced;
d) All loading stalls shall have direct access to a public road or maneuvering aisle
with adequate access to a public road; and
e) Access to the loading stall shall be such that no backing and turning movements
of vehicles cause interference with traffic on the abutting public streets or lanes.
2.15
VEHICLE ENTRANCES AND EXISTS
2.15.1
In Hamlets, vehicle entrances and exits shall be located at least 6.0 m (20 ft) from the
corner along a property line at the intersection of two (2) or more roads.
2.15.2
All vehicle entrances and exits onto a highway shall be approved by the Provincial
highway authority, or as approved within a comprehensively planned area.
2.15.3
The Development Authority may require that entrances and exists for vehicles be
separate, one-directional, and/or adequately signed.
2.15.4
For all rural municipal roads:
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LAND USE BYLAW
a) All development and vehicle entrances and exits ("access points") shall abide by
the setbacks shown in Figure 4 - Setback Distances and Access Restrictions on
Rural Roads, unless otherwise approved by the Development Authority. For
added clarity, this means:
i. as measured from the center line of the rural municipal road vehicle access
points and all shall be setback 90 m (300 ft.) from an intersection or blind
corner; and development (i.e., buildings, fences, trees, shelterbelts, corrals,
dugouts, septic systems, etc.) 1.0 m (3.3 ft.) above road grade shall be
located within 90 m (300 ft.) of an intersection or blind corner; and
ii. as measured from the edge of the rural municipal road right-of-way
shelterbelts and fences of at least 2.0 m (6.0 ft) in height shall be setback a
minimum of 7.5 m (25 ft.).
b) Notwithstanding subsection a) above, the Subdivision Authority or Development
Authority may permit vehicle access points adjacent to blind corners, hills,
bridges, railway crossings or any other obstruction, should the applicant provide
information to its satisfaction that an unobstructed view can be provided for the
safe maneuvering of all vehicle routes.
c) The Development Authority or Subdivision Authority may limit the number of
vehicle access points and may require joint access.
2.15.5
To ensure future subdivision and development applications will be compliant with this
Land Use Bylaw, prior to rendering a decision on an application for development
adjacent to a rural municipal road or provincial highway, the Development Authority or
Subdivision Authority, whichever is applicable, may require at their discretion:
a) the dedication of a road allowance;
b) the submission of a statutory plan, such as an Area Structure Plan or Area
Redevelopment Plan;
c) the submission of a non-statutory plan, such as a Concept Plan; and/or
d) the submission of a Master Site Plan.
Figure 4: Setback Distances and Access Restriction on Rural Roads
34
"A"
Shelterbelts and fences of at least 2m (6ft) in height shall be setback a minimum of
7.5m (25ft.) from the road right-of-way.
"B"
No development (i.e., buildings, fences, trees, shelterbelts, corrals, dugouts, septic
systems, etc.) or similar obstructions to visibility more than 1.0 m (3.3 ft.) above road
grade shall be located within 90 m (300 ft.) of an intersection or blind corner.
"C"
No vehicle access shall be permitted within 90m (300ft.) of an intersection or blind
corner.
2.16
SLOPE STABILITY AND FLOOD HAZARD
Slope Stability
2.16.1
The following regulations pertain to development in and around topographical features,
including hills, escarpments, slopes, and valleys.
2.16.2
Definitions:
Figure 5 - Topographic Features, illustrates the terms defined in this subsection;
a) "Bench" means a plateau or level (slope, typically between 1% and 15%)
occurring between the brink of one slope and the toe of another;
90m
90m
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LAND USE BYLAW
b) "Brink of Slope" means the point where a slope begins to fall off steeper than
20%;
c) "Escarpment" means a river valley wall, typically up to 90 metres (300 ft.) high;
d) "Escarpment Protrusion" means the projection of the brink of an escarpment
slope by at least 30 metres (100 ft.) into a valley; and
e) "Height of Slope" means the distance between the toe and crest of the slope.
f) "Toe of Slope" means the point at the bottom, or baseline section, of a slope
where the slope ends and is no longer greater than 20%.
g) "Crest of Slope" means the point at the top of a slope where the slope ends and
is no longer greater than 20%.
2.16.3
Isolated features:
a) For isolated land projections such as hummocks and buttes:
i. slopes greater than 20% shall not be developed unless otherwise approved
by the Development Authority; and
ii. slopes greater than 15% may require special engineering or other
treatment to be developed.
b) If such isolated features are to be leveled;
i. the resulting slopes shall not exceed 20%; and
ii. the contours, leveling, compaction and other engineering and environmental
aspects shall be satisfactory to the Development Authority and other
relevant authorities.
2.16.4
Escarpment Protrusions:
a) Escarpment protrusions wider than 90 metres (300 ft.) at their widest point shall
not be removed.
b) Removed or leveled escarpment protrusions shall result in slopes of no more than
15% and of no more than 33% at the adjoining escarpment wall.
2.16.5
Minimum Setback Requirements
a) No part of any building or any form of development shall be within the following
minimum setbacks, unless otherwise determined by the Development Authority in
consideration of a report provided from a professional engineer permitted to
practice in Alberta;
b) Setbacks from toes of slopes shall be the greater of the following:
i. 9 metres (30 ft.) where the slope height exceeds 3 metres (10 ft.);
ii. one-third the slope height, where the slope height exceeds 30 metres (100
ft.).
c) Setbacks from brinks of slopes shall be:
i. equal to the average depth of the valley; or
ii. a distance which is deemed sufficient by a geotechnical report prepared by
a professional engineer.
d) Setbacks on benches shall be determined using subsections (b) and (c) where:
i. the slope above the bench determines the setback from the toe; and
36
ii. the slope below the bench determines the setback from the brink.
Figure 5: Topographic Features
37
LAND USE BYLAW
Flood Hazard
2.16.6
Where the Development Authority suspects a flood hazard may exist, but no floodway or
flood fringe have been identified, the Development Authority may require the applicant
to undertake technical studies with the services of a qualified professional to delineate
the floodway and flood fringe of the design flood.
Floodway
2.16.7
Except for Utilities, no new buildings or outdoor storage shall be allowed in the
floodway.
2.16.8
Excepting flood mitigation infrastructure, no alterations shall be made to a floodway.
2.16.9
No structures shall be constructed on, in, or under a floodway, unless, in the opinion of
the Development Authority, there will be no obstruction to floodwaters and no
detrimental effect on the hydrological system or water quality, including the natural
interface of the riparian and aquatic habitat. Such structures include, but are not limited
to, riprap, berms, fences, walls, gates, patios, docks or decks.
Flood Fringe
2.16.10 All electrical, heating, air conditioning and other mechanical equipment shall be located
at or above the design flood level.
2.16.11 All buildings shall be designed and constructed with the ground floor elevation at or
above the design flood level.
2.16.12 The requirements of Subsection 2.16.11 are encouraged, but not required, in the
following situations:
a) construction of an Accessory Building, provided that the Accessory Building is
not an Accessory Dwelling Unit;
b) attached garages, where work is conducted in accordance with the
recommendations of the Alberta Building Code STANDATA relating to flood
mitigation;
c) renovations and repairs to an existing building; and
d) where the Development Authority deems it unreasonable to meet the
requirements due to site specific constraints and where work is conducted in
accordance with the recommendations of the Alberta Building Code STANDATA
relating to flood mitigation.
2.16.13 Notwithstanding 2.16.12 basements or an addition to a building below the design flood
level shall not be allowed.
38
Figure 6: Provincially Defined Flood Areas
2.16.14 The Development Authority shall consider the potential risk of groundwater
contamination when reviewing proposed developments. The Development Authority may
require the developer to have a water study undertaken to determine the potential risk
of groundwater contamination.
2.16.15 The Development Authority shall consider the environmental impact of any proposed
development within an area that has been identified as environmentally significant in
"Environmentally Significant Areas in the Palliser Region - M.D. of Starland No. 47"
(March 1991) or the successor thereto.
2.17
SUBDIVISION
Rural Subdivision
2.17.1
A development requiring subdivision of land shall not be issued a development permit
until such time as subdivision approval has been received from:
a) the Subdivision Authority; or
b) the applicable Appeal Body.
2.17.2
80-acre subdivisions are prohibited in all Land Use Districts.
2.17.3
Subdivisions for estate sale purposes will not be approved unless the application and
proposed use(s) are compliant with this Bylaw.
2.17.4
A subdivision for non-agricultural purposes may be approved in a rural district provided
that:
a) In the opinion of the Subdivision Authority, the subdivision:
i. contains a buildable site (when the parcel is vacant);
39
LAND USE BYLAW
ii. development of the parcel would not have a detrimental effect on an
environmentally significant area, hydrological system, water quality, existing
development, or viewpoints;
iii. the proposed parcel and residual parcel will both have direct legal and
physical access to a public roadway;
iv. the proposed access is to the satisfaction of Alberta Transportation when it
is in proximity to a provincial highway;
v. The Vacant Parcel can be serviced with potable water and sewage to the
satisfaction of the Development Authority;
vi. The parcel area of the Vacant Parcel conforms to the requirements of the
applicable Land Use District;
vii. Better Agricultural Land removed from production is minimized.
2.17.5
Prior to rendering a decision on a subdivision application proposing a to create one (1)
or more additional parcels within 800m (0.5 miles) of a Provincial Highway, the
Subdivision Authority may require, at their own discretion:
a) the dedication of a road allowance; and/or
b) the subdivision be within a Comprehensively Planned Area (i.e., ASP or ARP);
and/or
c) the submission of a Master Site Plan to ensure future subdivision and
development applications will be compliant with this Land Use Bylaw.
Comprehensively
Planned Area
means areas of the County that are guided by a comprehensive plan such as
an Area Structure Plan (ASP) or Area Redevelopment Plan (ARP). These
plans recognize the physical, economic, social, political, aesthetic, and
related factors of the community involved.
Master Site Plan
means a plan that provides design guidance for the development of a large
area of land with little or no anticipated subdivision. The purpose of the
Master Site Plan is to prove that future phases of development can occur in
compliance with this Land Use Bylaw and other applicable Municipal
standards, but does not constitute an approval, endorsement, permit, or
guarantee of such for future phases. Each phase of development requires a
new development permit application.
2.18
MULTI-LOT SUBDIVISION
2.18.1
The County may require multi-lot subdivisions that proposes to create between two (2)
and four (4) new parcels be within a Comprehensively Planned Area prior to rendering a
decision on a subdivision application.
2.18.2
The County shall require multi-lot subdivisions that propose to create five (5) or more
new parcels be within a Comprehensively Planned Area prior to rendering a decision on
a subdivision application.
2.18.3
An Area Structure Plan or Area Redevelopment Plan for a Comprehensively Planned Area
shall consider the following:
40
a) the phasing of development;
b) the size and number of parcels proposed;
c) the installation and construction of roads and utilities;
d) the types of uses to be contained on the site, with particular specificity provided
in the case of any use involving the storage and/or transportation of explosives;
e) potential impact on adjacent land uses, and proposed measures to reduce those
impact;
f) Any applicable provincial and federal regulations (i.e. Private Sewage Disposal
Regulation, Explosives Act, and the Regulations);
g) the environmental suitability of the site with particular consideration to soils,
slopes, drainage and any hazard lands; and,
h) any other matters Starland County considers necessary.
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LAND USE BYLAW
2.19
RESIDENTIAL DEVELOPMENT
2.19.1
Where industrial, commercial, or other uses with the potential for off-site impacts have
been approved by the municipality or other government agencies:
a) proponents of residential development in close proximity shall be required to
sign the Country Residential Declaration; and
b) as a condition of approval, may be required to register the signed Country
Residential Declaration on title.
2.19.2
No new residential development should be approved in the County unless development
of Better Agricultural Land is minimized.
2.19.3
The following floor areas for residential developments shall apply in all Districts:
Use
Minimum Floor Area per
Dwelling Unit
Maximum Floor Area per
Dwelling Unit
Dwelling, Detached
46m2 (500 ft2)
N/A
Dwelling, Duplex
Dwelling, Attached
Dwelling, Apartment
Mixed Use Development
65 m2 (700 ft2)
N/A
Dwelling, Tiny Home
23 m2 (250 ft2)
46m2 (500 ft2)
Dwelling, Accessory Unit Attached
38 m2 (400 ft2)
Less than or equal to the
floor area of the Principal
Building
Dwelling, Accessory Unit Detached
38 m2 (400 ft2)
93 m2 (1000ft2)
Dwelling, Manufactured
28 m2 (300 ft2)
N/A
All other dwelling types
At discretion of Development
Authority
N/A
2.20
INDUSTRIAL DEVELOPMENT
2.20.1
Industrial uses and industrial parks shall not be located on lands having a potential for
flooding, erosion, subsidence, steep slopes or otherwise containing adverse physical
features.
2.20.2
Industrial development in the County may be permitted provided that:
a) shall be kept in an orderly and well-maintained state;
b) Should have good access to well-developed local roads or provincial highways;
42
c) Shall not be source of inconvenience, or materially interfere with or affect the use,
enjoyment, or value of neighbouring properties by way of excessive noise,
odours, dust, or refuse matter beyond what is commonly found in the district; and
d) A minimum of Better Agricultural Land is removed from production.
2.20.3
The Development Authority may revise or revoke a development permit if complaints are
registered with one or more affected landowners.
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LAND USE BYLAW
3 Specific Land Use Regulations
This Section of the Land Use Bylaw contains regulations for specific land uses. Regulations for the
following uses can be found in this section:
3.1
Accessory Buildings and Shipping Containers
3.2
Accessory Dwelling Units
3.3
Home Occupations
3.4
Bed & Breakfast Establishments
3.5
Manufactured Dwellings
3.6
Manufactured Home Parks
3.7
Recreational Vehicles
3.8
Pet Care Services
3.9
Kennels
3.10
Vehicle Sales and Service
3.11
Service Stations
3.12
Car Washes
3.13
Natural Resource Extraction and Processing Facilities
3.14
Waste Management Facilities
3.15
Wrecking Yard
3.16
Work Camps
3.17
Small Wind Energy System
3.18
Large Wind Energy System
3.19
Solar Energy Systems - Commercial
3.20
Cannabis Regulations
3.21
Signs
44
3.1
ACCESSORY BUILDINGS AND SHIPPING CONTAINERS
An Accessory Building
3.1.1
must be secondary and subordinate to the principal building or principal use on the
same parcel.
3.1.2
The determination of whether a use, building or structure is considered accessory shall
be at the discretion of the Development Authority.
3.1.3
An enclosed structure which is attached to the principal building by a roof, a floor or a
foundation is not an Accessory Building and is to be considered part of the principal
building.
3.1.4
An Accessory Building shall not be used as a Dwelling Unit unless approved in
accordance with the provisions of this Bylaw.
3.1.5
In a Hamlet, no Accessory Building shall be located in the front yard of a parcel in a
residential district or a parcel with a residential use.
3.1.6
Unless otherwise allowed in a Land Use District, the maximum height of an Accessory
Building in a residential district or on a parcel with a residential use shall be 4.5 m (14.8
ft.).
3.1.7
The minimum yard setbacks of an Accessory Building in any District shall be 1.0 m (3.3
ft.) in the rear yard and side yards, except:
a) on corner lots, where the minimum side yard setback shall be 3.0m (10.0 ft.)
from the exterior side parcel line; and
b) where vehicle access to an Accessory Building is from a lane, the minimum
setback from a property line shall be 2.0 m (6.5 ft.).
3.1.8
For the purpose of this Bylaw, the following are considered accessory structures:
a) Free standing satellite dishes; and
b) Solar Energy System - Microgeneration.
3.1.9
A Solar Energy System - Microgeneration, or a Small Wind Energy System attached to a
principal building or accessory building shall:
a) not extend above the peak of a roof;
b) not project past a roof by 1.5 m (4.9 ft.) at any point;
c) not generate noise, or glare in the opinion of the Development Authority, which
affects the amenity or enjoyment of an adjacent residential use.
3.1.10
A Solar Energy System - Microgeneration, that is freestanding must meet all the
regulations for an Accessory Building within the applicable Land Use District.
3.1.11
Fabric Covered Accessory Buildings shall be:
a) setback a minimum of 3.0 m (9.8 ft.) from any structure or equipment that
contains open flames (i.e. burning barrels, fire pits, or other open flame
accessories);
b) kept in good condition and the fabric not frayed or damaged; and
c) fully enclosed with closable doors on the ends.
d) In Hamlets,, Fabric Covered Accessory Buildings must not:
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LAND USE BYLAW
i. exceed one (1) Fabric Covered Accessory Building per parcel;
ii. be connected to any Utilities;
iii. exceed 20.5 m2 (220 ft2) in floor area; and
iv. be used in a manner that would cause or create a nuisance by way of noise,
vibration or dust to impact the privacy and enjoyment of adjacent residential
uses or the amenities of the neighbourhood.
e) For non-residential uses in districts other than hamlet districts, Fabric Covered
Accessory Buildings may, at the discretion of the Development Authority:
i. be connected to Utilities.
f) A development permit for an Fabric Covered Accessory Buildings may be
temporary with a specified maximum time limit for up to three (3) years.
Shipping Containers
3.1.12
A Shipping Container may be used as an Accessory Building for temporary storage
subject to the following conditions:
a) The Shipping Container is only used during the construction of a building or
development;
b) All required permits have been obtained for construction of the building or
development on the site; and
c) The Shipping Container is removed within 15 days of the end of the construction
period.
3.1.13
In Hamlets, a Shipping Container may be used as an Accessory Building for permanent
storage subject to the following:
a) adherence to Section 2.2 - Design, Character, and Appearance, the Alberta
Building Code, and all legislation applicable to electrical and fire safety; and
b) the Shipping Container shall not:
i. be used for the housing of animals, storage of refuse, or for contaminated
or hazardous material;
ii. be used for fencing, screening, or for advertising;
iii. be stacked or otherwise raised on a structure; or
iv. occupy required on-site parking and/or loading spaces or interfere with the
circulation of vehicle or pedestrians.
3.2
ACCESSORY DWELLING UNITS
3.2.1
An Accessory Dwelling Unit may be developed only in those Land Use Districts where it
is listed as a permitted use or discretionary use.
3.2.2
The issuance of a development permit in no way exempts the applicant from obtaining a
building permit for an Accessory Dwelling Unit.
3.2.3
A maximum of one (1) Accessory Dwelling Unit is allowed per parcel.
3.2.4
An Accessory Dwelling Unit shall not be less than 37.2 m2 (400ft2) in floor area. An
Accessory Dwelling Unit must not be separated from the principal residential use on a
46
parcel by the registration of a condominium or subdivision.
3.2.5
Where a parcel is serviced by municipal water and sanitary systems, an Accessory
Dwelling Unit must be serviced from the connection to the Principal Dwelling Unit.
3.2.6
An Accessory Dwelling Unit shall not be used as a Bed and Breakfast Establishment,
Home Occupation - Phone & Desk or Minor, or Vacation Rental.
3.2.7
Detached Accessory Dwelling Units
a) The maximum floor area of an Accessory Dwelling Unit, Detached shall not
exceed 93.0 m2 (1001 sq. ft.) excluding any internal area for stairways and
landings or common areas that are accessible and intended to be used by
residents of both Dwelling Units.
b) Where an Accessory Dwelling Unit, Detached is located on the second storey of
an Accessory Building, the maximum building height shall be 6.0 m (20 ft.) and
shall not exceed the height of the principal building.
c) The minimum separation between a Principal Dwelling Unit and an Accessory
Dwelling Unit, Detached shall be 3.0 m (10 ft.).
3.2.8
Attached Accessory Dwelling Units
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LAND USE BYLAW
a) The maximum floor area of an Accessory Dwelling Unit, Attached shall not exceed
40% of the gross floor area of the Principal Dwelling Unit or 93.0 m2 (1001 sq.
ft.) whichever is the lesser. Internal areas for stairways and landings or common
areas that are accessible and intended to be used by residents of both Dwelling
Units hall not be included in the floor area of the Accessory Dwelling Unit.
b) Notwithstanding subsection a), where an Accessory Dwelling Unit, Attached
occupies:
i. the basement within a one-storey Detached Dwelling; or
ii. the second storey of a two-storey Detached Dwelling;
iii. the Accessory Dwelling Unit, Attached may occupy a maximum of 50% of
the gross floor area of the building.
3.3
HOME OCCUPATIONS
3.3.1
As per Section 1.9 - Development Permit Not Required, a Home Occupation - Phone &
Desk that meets all the requirements in Table 4: Home Occupation Requirements, does
not require a development permit.
3.3.2
Where a home occupation does not meet the requirements of a Home Occupation -
Phone & Desk in this Bylaw and therefore requires a development permit, the
Development Authority shall decide whether it is a Home Occupation - Minor, or Home
Occupation - Major, based on Table 4: Home Occupation Requirements.
48
Table 4: Home Occupation Requirements
Requirement
Home Occupation Classifications
Phone & Desk
Minor
Major
Development permit required?
No
No: RAG, AI, RB, CR,
RR, and AD Districts
Yes: HR, HC, and HI
Districts
Yes
Use of Accessory Building?
No
No
Yes
On-premises sales or customer
visits?
No
Max. 10
per week
Max. 20 per
week
Commercial deliveries?
No
No
Yes
On-site storage of commercial
vehicles?
No
No
Max. 2
Food prepared and/or sold on
site?
No
No
Yes
Off-site employees? (Persons not
living in the Dwelling Unit)
No
No
Yes
Outdoor storage or display of
materials, commodities or finished
products related to the use?
No
No
Yes
On-site advertising?
No
1 non-illuminated sign or name plate
not exceeding 1 sq.m. (10 sq.ft.)
3.3.3
No more than one (1) Home Occupation - Major or Home Occupation - Minor shall be
permitted per parcel.
3.3.4
The Development Authority may issue a temporary development permit for a home
occupation.
3.3.5
A home occupation shall not include any use or operations which will cause or create a
nuisance by way of dust, noise, smell, smoke, or traffic generation.
3.3.6
For a Home Occupation - Major, the Development Authority may restrict:
a) the location, scale and visibility of outdoor storage areas to ensure the residential
and/or agricultural character of the area is maintained and the proposed
development does not negatively impact neighbouring properties; and
b) the number, size, location, and visibility of commercial vehicles allowed to be
stored on-site.
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LAND USE BYLAW
3.4
BED & BREAKFAST ESTABLISHMENT
3.4.1
In addition to compliance with applicable subsections from Sections 2, 3 and 4 of this
Bylaw, a Bed and Breakfast Establishment shall:
a) not provide cooking facilities in guest rooms;
b) not change the residential character or external appearance of the building; and
c) have a maximum of four (4) guest rooms.
3.4.2
The Development Authority may issue a temporary development permit for a Bed and
Breakfast.
3.4.3
The issuance of a development permit in no way exempts the applicant from obtaining a
business license from the municipality and any other provincial approvals that may be
required.
3.5
MANUFACTURED DWELLINGS
3.5.1
In determining the suitability of a Manufactured Dwelling for placement on a parcel,
consideration shall be given to its condition and appearance in context with the adjacent
parcels. In addition to general application requirements, Manufactured Dwellings
constructed greater than ten (10) years at the time of development permit application
shall submit to the Development Authority.
a) a completed home inspection report prepared by a qualified professional; and
b) photos of the Dwelling in its current state.
3.5.2
All accessory structures such as stairways and landings, patios, decks, and skirting shall
be of complementary quality and design to the Manufactured Dwelling.
3.5.3
As conditions of development permit approval:
a) all Manufactured Dwellings shall be provided with stairways and landings to all
entrances within 45 days of their placement on site; and
b) the undercarriage of a Manufactured Dwelling shall be screened from view by the
foundation or by skirting within 30 days of placement on site.
3.6
MANUFACTURED HOME PARKS
3.6.1
In addition to any other application requirements within this Bylaw all applicants for a
new Manufactured Home Parks or existing Manufactured Home Parks proposed to be
redeveloped shall provide a Master Site Plan which shall detail the following to the
satisfaction of the Development Authority:
a) Minimum separation distances between buildings;
b) Total parcel size and Manufactured Home pad size(s);
c) Servicing strategy for water, sewer and storm;
d) Storage and common amenity areas;
e) Vehicle and pedestrian circulation routes;
f) Parking areas;
g) Landscaping of common areas;
50
h) Screening and fencing;
i)
Internal addressing system; and
j)
Any other matter the Development Authority considers necessary to assess the
application.
3.6.2
In addition to Section 3.5 Manufactured Dwellings and Subsection 3.6.1, where a
Manufactured Home Park is listed as a permitted use or discretionary use, the following
regulations shall apply:
a) No on-street parking shall be permitted within the Manufactured Home Park.
b) All roads in a Manufactured Home Parks shall be least 10 metres (33 ft.) in width;
c) Internal pedestrian pathways shall have a minimum width of 1.0m (3.3 ft.) and be
surfaced to the satisfaction of the Development Authority.
d) Not less than 5% of the gross site area of a Manufactured Home Park shall be
devoted to outdoor amenity space and recreational uses in a convenient and
accessible location to residents. This outdoor amenity space shall be landscaped
to the satisfaction of the Municipal Planning Commission within one year of the
start of construction of the Manufactured Home Park.
e) All setbacks from property lines shall adhere to the setbacks required in the
applicable land use district.
f) Separation distances between buildings, including Manufactured Homes, within
the Manufactured Home Park shall be a minimum of 3.0 m (10 ft.).
g) A screened storage compound shall be provided within the Manufactured Home
Park for trucks, campers, travel trailers, snowmobiles, boats, etc. to the
satisfaction of the Development Authority.
h) All Manufactured Home Park lots within a Manufactured Home Park shall be
clearly defined on the ground by permanent flush stakes or markers with a lot
number or other address system.
3.7
RECREATIONAL VEHICLES
3.7.1
A recreational vehicle shall not be used as a Dwelling Unit unless the applicable Land
Use District allows for a Recreational Vehicle as either a permitted use or discretionary
use and a development permit for said use has been approved and issued by the
Development Authority.
3.7.2
A Recreational Vehicle shall not be stored or parked on a Vacant Parcel unless a
development permit for a Recreational Vehicle Storage Facility has been issued by the
Development Authority.
3.7.3
A Recreational Vehicle Storage Facility must be screened in accordance with Section 2.5
- Screening. Further, the development must:
a) include an occupied dwelling on the subject property;
b) include storage areas located beside or to the rear of the dwelling;
c) remove all topsoil and provide a four-inch minimum gravel base to minimize site
contamination; and
d) not provide an on-site sani-pump or allow washing of vehicles.
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LAND USE BYLAW
3.8
PET CARE SERVICES
3.8.1
Pet Care Services shall be designed, constructed and operated in a manner to prevent a
nuisance to any adjacent residential use or other adjacent uses in regard to factors such
as noise, odors and waste. Outside enclosures, pens, runs or exercise areas may be
allowed at the discretion of the Development Authority.
3.8.2
The Development Authority may, as a condition of a development permit for a Pet Care
Service, limit the maximum number of animals that may be kept at any one time.
3.9
KENNELS
3.9.1
In addition to any other application requirements within this Bylaw an application for a
development permit for a Kennel shall include:
a) a site plan indicating the size and location of all Kennel buildings and facilities
(e.g. outdoor enclosures, pens, runs or exercise areas, waste (feces) management
areas);
b) the distance between any buildings or facilities used for the Kennel operation to
any residential uses within a 150 m (492 ft.) radius; and
c) proposed screening and noise attenuation measures.
3.9.2
No buildings or exterior exercise area(s) to be used to accommodate dogs shall be
allowed within 150 m (492 ft.) of any Dwelling Unit located on an adjacent parcel.
a) All dog facilities, including any Accessory Buildings and exterior exercise areas,
shall be located to the rear of the parcel.
3.9.3
The Development Authority may, as a condition of a development permit for a Kennel,
limit the maximum number of animals that may be kept at any one time.
a) The Development Authority, at its discretion, may:
i. require pens, rooms, exercise runs, and holding stalls be soundproofed
where the noise from the Kennel may adversely affect the amenities of the
area. In making its determination, the Development Authority may consider
the number of animals to be kept at the Kennel, the proximity of the Kennel
to other uses, and/or the recommendations of an acoustic study; and
ii. limit the times at which the animals are allowed outdoors. In particular, all
dogs may be required to be kept indoors between the hours of 10:00 p.m.
and 7:00 a.m.
3.9.4
Kennels shall be screened by both a visual and sound barrier, by fences and/or
landscaping, from existing residential uses on adjacent parcels to the satisfaction of the
Development Authority.
3.10
VEHICLE SALES AND SERVICE
3.10.1
All buildings and outdoor storage areas related to the Vehicle Sales and Service must be
oriented on the parcel to minimize any potential adverse effects on adjacent uses. In
particular, service bay doors must be oriented away from adjacent residential uses.
3.10.2
An Vehicle Sales and Service may include Activities associated with the use located
outside of a building provided any areas of the parcel used for outdoor storage are
fenced to a height of 2.4 m (8 ft.), and the fence is a solid fence of either metal or wood
52
to the satisfaction of the Development Authority.
3.10.3
Vehicles awaiting repair shall not be parked outside of a building or screened area for a
period of greater than 24 hours.
3.11
SERVICE STATIONS
3.11.1
Service Stations shall comply with the following standards
a) no part of a service station building or any pump island shall be within 6.0 m (20
ft.) of front, side or rear parcel lines;
b) a front yard of no less than 12.0 m (40 ft.);
c) no pumping island closer than 4.5 m (15 ft.) to a building;
d) vehicle entrances from a road shall be located at the discretion of the
Development Authority and shall not exceed 10.7 m (35 ft.) in width; and
e) the parcel boundaries of a Service Station, other than those fronting a road, shall
be appropriately screened to the satisfaction of the Development Authority.
3.12
CAR WASHES
3.12.1
Car Washes shall comply with the following standards:
a) the minimum parcel area shall be 557m2 (6,000 sq. ft.) In the case of Service
Stations including Car Washes, the minimum parcel area shall be 1,115m2
(12,000 sq. ft.).
b) receptables for the purpose of disposing of garbage and waste shall be provided
to the satisfaction of the Development Authority; and
c) all parts of the parcel to which vehicles may have access shall be hard surfaced
and drained.
3.12.2
All buildings and outside Activity areas related to the Car Wash must be oriented on the
parcel to minimize any potential adverse effects on adjacent uses. In particular, bay
doors and vacuums must be oriented away from an adjacent residential use.
3.13
NATURAL RESOURCE EXTRACTION AND PROCESSING FACILITIES
3.13.1
A development permit for aggregate Extraction shall not be issued for a period greater
than 5 years. The applicant may apply thereafter to renew the development permit.
3.13.2
A new Development Permit shall not be issued on a site to the same or different
Applicant or owner, unless or until any conditions of a previous Development Permit for
aggregate Extraction have been fulfilled to the satisfaction of the Development
Authority, or it has been determined by the Development Authority that the conditions
are no longer required to be fulfilled.
3.13.3
All development permit applications for aggregate Extraction operations within 300m
(1,000 ft.) of a dwelling shall be referred to the adjacent landowners for comment prior
to the Development Authority rendering a decision. The distance shall be measured from
the nearest part of the operations area to the nearest part of the dwelling.
3.13.4
The following setbacks apply to aggregate Extraction and other natural resource
Extraction operations:
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LAND USE BYLAW
a) Sorting, screening, crushing, loading machinery or operations shall be a minimum
of 300m (1,000 ft.) from the nearest Dwelling Unit not occupied by the
owner/operator of the gravel pit.
b) Excavating shall be a minimum separation distance of 150m (500 ft.) between
the excavating area and the nearest part of a dwelling unit.
c) The setbacks in subsections a) and b) above may be reduced where noise and
visual mitigation measures, such as berming and screening, are provided to the
satisfaction of the Development Authority.
3.13.5
Aggregate or other natural resource Extraction operations shall not excavate slopes that
are steeper than 33.3% where adjacent to existing roads, a proposed road widening, or
service road, except where it can be demonstrated that a steeper slope can be safely
achieved.
3.13.6
In addition to other development permit application requirements stated in this Bylaw,
the Development Authority may request any of the following to support an application
for Natural Resource Extraction and Processing Facilities:
a) An Extraction phasing plan;
b) An environmental or biophysical impact assessment;
c) A plan to buffer the impact to adjacent developments through the use of berms,
screening or means of buffering;
d) A haul route plan;
e) A traffic impact assessment; and
f) A reclamation plan in accordance with Section 3.13.7.
3.13.7
Where a reclamation plan for aggregate Extraction is not required by the Province, the
Development Authority may:
a) require submission of a reclamation plan prepared by a qualified third party prior
to commencement of excavation; and
b) require the applicant enter into a development agreement with the County,
providing a refundable security deposit to ensure that reclamation is completed
as per the approved reclamation plan, the amount of which shall be as
recommended by the third party engaged in the preparation of the reclamation
plan.
3.13.8
As a condition of Development Permit approval, the applicant shall be required to enter
into a road use/development agreement with the County to ensure road conditions are
not negatively affected by the traffic generated by an aggregate Extraction facility and to
provide dust control requirements. This includes, but is not limited to:
a) All haul roads located on the site within 800m (0.5 mile) of a Residential District/
Dwelling, and all entrances onto a public road shall be dust proofed with either
oil, water, or other treatment acceptable to the Development Authority.
b) Any County roadway used as a haul road that is within 150m (500 ft.) of an
existing dwelling or recreational development, shall be dust proofed for a
minimum distance of 300m (1,000 ft.) on either side of the development.
3.13.9
If upon removal of any aggregate or other natural resource, the operator encounters the
water table at a level other than set out in the development permit application or which
54
was not disclosed in the application, the operator shall cease operations and submit a
revised plan complete with a hydrologist's report which shall outline any mitigative
measures for approval by the Development Authority and/or the appropriate provincial
authority.
3.13.10 Notwithstanding any other provision within this Bylaw, the obligation of the
development permit holder or the owner of the site to comply with the regulations of
this Bylaw or to fulfill any conditions of a development permit does not expire if the
aggregate Extraction use ceases for any period of time or the site changes ownership.
3.13.11 The failure of the development permit holder who is not the owner of the site shall not
release the owner from complying with this Bylaw or fulfilling any conditions of a
development permit.
3.14
WASTE MANAGEMENT FACILITIES
3.14.1
Waste Management Facilities will only be permitted on a temporary basis for the
disposal of material from a demolition project. On completion of the demolition project,
the private landfill site shall be closed and capped.
3.14.2
Waste Management Facilities developments may be permitted under the following
conditions:
a) The landfill is used solely for the burial of demolition waste from buildings or
other structures;
b) No hazardous materials or chemicals of any kind are buried in the landfill site;
c) Permission from the relevant Provincial agency has been granted prior to any
excavation;
d) Permission from the registered landowner in writing has been provided to the
Development Authority;
e) The proposed landfill site shall be located at least 300.00 metres (1,000 feet)
from the nearest school, hospital, dwelling or food establishment, unless the
owner of the affected development gives written permission for a lesser distance.
3.14.3
As a condition of approval for a permit for a private landfill, Starland County Council may
require the landowner enter into an agreement with the County with respect to the
location and operation of such development. Such agreement may be registered as a
Caveat or Restricted Covenant against the title of the parcel on which the landfill is
located. The agreement may alert potential owners of the parcel as to the location and
type of material that was deposited into the landfill and may limit the type of
development that may take place around the actual area of the landfill.
3.15
WRECKING YARD
3.15.1
A Wrecking Yard site:
a) shall be located a minimum of 800 m (0.5 miles) from any existing dwelling
and/or provincial highway;
b) shall have a maximum area of 2 ha (5 acres) for a storage enclosure, which shall
be completely fenced and screened to a height of 2.5 m (8 ft.) or as required by
the Development Authority;
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LAND USE BYLAW
c) shall have all vehicles stored within the enclosure;
d) shall be maintained in accordance with any conditions deemed necessary for the
use of the site in an acceptable manner at the discretion of the Development
Authority.
3.16
WORK CAMPS
3.16.1
A temporary development permit for a Work Camp may be issued for up to one (1) year,
unless otherwise approved by the Development Authority as a condition in a
development permit.
3.16.2
In addition to the requirements in Section 1.12 Application for Development, an
application for a Work Camp shall include:
a) a description of the location, type and purpose of the Work Camp;
b) a plan showing the location, number and type of accommodations;
c) a plan showing the adjacent land uses, and any proposed screening or fencing;
d) a plan and/or description of the method of supplying water, sewage and solid
waste disposal to the Work Camp;
e) the number of persons proposed to reside in the Work Camp;
f) the anticipated start date of construction of the Work Camp, date of occupancy
and removal date; and
g) reclamation measures once the Work Camp is completed and removed.
3.16.3
A Work Camp must be directly associated with the construction of an industrial or
commercial development within the municipal boundary or the adjacent area and must
be located in close proximity to the development.
3.16.4
Once completed, a Work Camp site must be:
a) reclaimed to its original condition; or
b) reclaimed to a state where sediment and dust are controlled, and the aesthetics
are returned to an acceptable condition, to the satisfaction of the Development
Authority
3.16.5
Prior to the expiration of the development permit, an applicant may apply for a
continuance of the use for an additional 12 months. After 24 months a new
development permit approval is required.
3.16.6
An applicant for a Work Camp shall be subject to Subsection 1.14.13, where a the
applicant shall be required as a condition of approval, to enter into a development
agreement and provide securities to ensure reclamation is properly carried out and any
damages can be rectified.
3.17
SMALL WIND ENERGY SYSTEM
3.17.1
Upon deeming an application for a or Small Wind Energy System complete, the
Development Authority shall circulate a notification of the proposal to adjacent parcels
prior to making a decision.
3.17.2
The maximum height of a tower shall be:
56
a) 25.0 m (82 ft.) where the parcel area is no less than 0.2 ha (0.5 acres) and no
greater than 0.4 ha (1 acre); and
b) no maximum tower height for parcels that are greater than 0.4 ha (1 acre) in
area.
3.17.3
The tower base of a Small Wind Energy System shall be no closer to the property line of
a parcel than the total system height. No part of the tower structure, including guy wire
anchors, shall extend closer than 3.0 m (10 ft.) to the property line of the parcel.
3.17.4
The tower base of a Small Wind Energy System shall be no closer to a Dwelling Unit or
Public Building on an adjacent parcel than the total system height.
3.17.5
Notwithstanding subsections (3) and (4) above, the Development Authority may grant a
relaxation to the setback requirements if the adjacent parcel owner(s) grant an easement
for the or Small Wind Energy System .
3.17.6
Notwithstanding subsection (4), the Development Authority may require a greater
setback where shadow flicker will negatively impact the use and enjoyment of an
adjacent parcel.
3.17.7
Noise from a or Small Wind Energy System shall not negatively impact the use and
enjoyment of an adjacent parcel by increasing the ambient background noise, in the
opinion of the Development Authority. A report, prepared by a qualified professional,
may be required to determine the sound level of the or Small Wind Energy System
measured at the property line.
3.17.8
If the Active production of electricity from a or Small Wind Energy System is
discontinued for two years or more, the or Small Wind Energy System shall be removed.
Upon termination of the use, the entire facility shall be removed, and the installation site
shall be restored to a natural state.
3.18
LARGE WIND ENERGY SYSTEM
3.18.1
Structures and facilities associated with a Large Wind Energy System shall not be utilized
for advertising purposes.
3.18.2
Prior to applying for a development permit, an applicant proposing to develop a Large
Wind Energy System shall obtain all necessary approvals from the Alberta Utilities
Commission (AUC).
3.18.3
Notwithstanding any other sections in this Bylaw, an application proposing to develop a
Large Wind Energy System shall include:
a) A copy of all project-related approval(s) from the Alberta Utilities Commission
(AUC), including but not limited to:
i. copies of public engagement invitations to adjacent landowners, information
provided at the meeting(s), and a summary of the feedback received;
ii. a copy of the report submitted to the AUC and their compliance approval
pertaining to noise generation as identified in AUC Rule 012, or any
successor thereto, relative to notification of potentially impacted residents;
iii. a detailed site plan showing the location of all towers, supporting buildings,
utility lines, access roads, setbacks, and topographical features;
iv. drawings identifying the finish and appearance of all structures within the
proposed development area in order to minimize any obtrusive impact on
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LAND USE BYLAW
the community;
v. plans for future phases of development;
vi. post-construction reclamation plans; and
vii. decommissioning plans.
3.18.4
In accordance with Section 1.14.13, the Development Authority may require the
applicant:
a) enter into a development agreement to ensure municipal engineering standards
are adhered to;
b) enter into a road use agreement to mitigate impact to the community; and
c) provide a means of security to the satisfaction of the Development Authority to
ensure conditions of the development are complied with.
3.19
SOLAR ENERGY SYSTEMS - COMMERCIAL
3.19.1
Structures and facilities associated with a Solar Energy System - Commercial shall not be
utilized for advertising purposes.
3.19.2
Prior to applying for a development permit, an applicant proposing to develop a Solar
Energy System - Commercial shall obtain all necessary approvals from the Alberta
Utilities Commission (AUC).
3.19.3
Notwithstanding Section 1.12 - Application for Development, an application proposing
to develop a Solar Energy System - Commercial shall include:
a) A copy of all project-related approval(s) from the Alberta Utilities Commission
(AUC), including but not limited to:
i. copies of public engagement invitations to adjacent landowners, information
provided at the meeting(s), and a summary of the feedback received;
ii. a copy of the report submitted to the AUC and their compliance approval
pertaining to noise generation as identified in AUC Rule 012, or any
successor thereto, relative to notification of potentially impacted residents;
iii. a detailed site plan showing the location of all towers, supporting buildings,
utility lines, access roads, setbacks, and topographical features;
iv. drawings identifying the finish and appearance of all structures within the
proposed development area in order to minimize any obtrusive impact on
the community;
v. plans for future phases of development;
vi. post-construction reclamation plans; and
vii. decommissioning plans.
3.19.4
In accordance with Section 1.14.13, the Development Authority may require the
applicant:
a) enter into a development agreement to ensure municipal engineering standards
are adhered to;
b) enter into a road use agreement to mitigate impact to the community; and
58
c) provide a means of security to the satisfaction of the Development Authority to
ensure conditions of the development are complied with.
3.20
CANNABIS REGULATIONS
3.20.1
The issuance of a development permit in no way exempts the applicant from obtaining
any other approval, permit, authorization, consent or license that may be required to
ensure compliance with applicable federal, provincial or other municipal legislation.
3.20.2
As a condition of a development permit and prior to the operation of the facility, the
developer must provide a copy of the current license for all activities associated with
cannabis production, as issued by Health Canada.
3.20.3
Cannabis Retail Sales must not have any part of an exterior wall that is located within
100 m (328 ft.) of:
a) An approved hospital as defined in the Hospitals Act or a property line of the
parcel of land on which the facility is located;
b) A building containing a school as defined in the Schools Act or a property line of
a parcel of land on which the building is located; or
c) A property line of a parcel of land that is designated as school reserve or
municipal and school reserve under the Act.
3.20.4
The Development Authority may require for a complete application for a Cannabis
Production Facility, the submission of a Waste Management Plan completed by a
qualified professional, which includes but is not limited to:
a) the quantity and characteristics of liquid and solid waste material discharged by
the facility;
b) the method and location of collection and disposal of liquid and solid waste
material discharged by the facility; and
c) the incineration of waste products and method of treatment of airborne
emissions, including odours.
3.20.5
All processes and functions related to a Cannabis Production Facility must be fully
contained within a building including all loading stalls and docks, garbage receptacles
and waste material.
3.20.6
A Cannabis Production Facility shall not include outdoor storage of goods, materials, or
supplies.
3.20.7
A Cannabis Production Facility shall not be allowed to operate on a parcel with any
other use.
3.20.8
A Cannabis Production Facility must include equipment in the ventilation system
designed and intended to remove odours from the air where it is discharged from the
building.
3.21
SIGNS
3.21.1
Sign Authority and Administration
59
LAND USE BYLAW
a) Except as stated in Section 1.9 - Development Permit Not Required, no sign shall
be erected on land or affixed to any exterior surface of a building or structure
unless a development permit for this purpose has been issued by the
Development Authority.
b) A development permit is not required for maintenance, repair, changing the sign
content, or reducing the sign content area of an approved sign.
c) The issuance of a development permit for a sign located adjacent to or within the
prescribed distance of a highway does not preclude any approvals or permits
required by the Provincial highway authority.
d) No sign shall be erected on or affixed to municipal property without the prior
consent of the County.
e) Variances may be granted to sign area where the sign scale and design
integrates with the architectural elements and scale of the building and adjacent
buildings.
f) Where a sign is no longer related to a business, product or event located on the
same parcel as the sign, the sign must be removed by the owner of the sign or
the owner of the parcel on which the sign is located.
g) Where a sign contravenes the regulations of this Bylaw or the terms of a
development permit, the owner of the parcel or the owner of the sign shall
remove the Sign or relocate or repair the sign such that it complies with the
Bylaw or the development permit within the timelines specified in the written
warning or order.
h) The County may remove any sign that remains in contravention of this Bylaw and
an order, and/or may refuse to issue a development permit for a sign on the
parcel for a period of three (3) months.
Sign Application Requirements
3.21.2
An application for a development permit for a sign shall be completed and submitted to
the Development Authority in writing, in the form required by the Development
Authority, and shall be accompanied by:
a) authorization of the registered landowner;
b) a site plan (drawn to scale) showing the following:
i. legal description and north arrow;
ii. area and dimensions of the parcel boundaries, including the front, rear, and
side yards, if any;
iii. existing and proposed easements and rights-of-way, including dimensions
and type of easement, if applicable;
iv. the location and dimensions of all existing and proposed Signs, buildings,
structures, or uses on the parcel;
v. identification of existing and proposed roads or lanes that will provide
access to the development;
vi. any provision for off-street parking stalls and loading stalls; and vehicle
entrances to and exits from the parcel; and
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c) a drawing showing the width, height and sign area of the Sign, including the
proposed sign content and sign content area;
d) a description or drawing showing the Sign materials and colors; and
e) the prescribed development permit fee.
3.21.3
Sign definitions
a) For the purposes of this Bylaw, the following definitions are related to Signs:
sign
means any device or fixture intended to convey information or to
advertise or attract attention to any person, business, matter, message,
object or event.
sign area
means the entire area of a sign on which sign content is intended to
be placed. In the case where a sign has sign content on more than one
side of the sign, sign area means the average total area of all sides of
the sign See Sign Figure 3: Sign Area and Sign Content Area.
sign content
means the wording/lettering, message, graphics or content displayed
on a sign.
sign content area
means a rectangular area formed by the extreme limits of the sign
content, including graphics related to the specific nature of the sign
content. See Figure 7: Sign Area and Sign Content Area.
Figure 7 Sign Area and Sign Content Area
sign height
means the vertical distance measured from the highest point of the
sign or Sign structure to grade.
sign illumination
means the lighting or exposure of a sign to artificial lighting either by
lights on or in the sign or directed toward the sign.
temporary sign
means any sign designed or intended to be displayed for a short
period of time, including balloon signs, construction signs, political
poster signs, banner signs or any other sign that is not permanently
attached to a supporting structure or building.
3.21.4
General Sign Regulations
a) No sign shall resemble or conflict with a traffic sign, signal or device.
61
LAND USE BYLAW
b) All signs shall be designed and Manufactured to a professional standard of
quality, to the satisfaction of the Development Authority.
c) The design and location of a sign on a building shall complement the
architectural elements and materials of the building.
d) Buildings shall be designed to incorporate signs into the building as an
integrated architectural element.
e) All sign lighting shall be designed to illuminate the sign only.
f) A sign shall not be located to obstruct the movement or free and clear vision of a
pedestrian or motorist, or cause conflict with any required parking area.
g) All signs shall be kept in a safe, clean, tidy and legible condition and may, at the
discretion of the Development Authority, be required to be renovated or removed
if not kept in a safe, clean, tidy or legible condition.
h) A maximum of one (1) Sign for a Home Occupation, or Bed and Breakfast may be
displayed with a maximum sign area of 1m2 (10 ft2).
4 Land Use Districts
4.1
ESTABLISHMENT OF DISTRICTS
4.1.1
For the purpose of this Bylaw, Starland County is divided into the following Districts:
Section
Short
Title
District Name
Purpose
4.3
RAG
Rural Agricultural
General District
The purpose and intent of this District it to
accommodate agricultural land uses that support the
goals and objectives of the Municipal Development
Plan and maintain the rural character of the
community.
4.4
HR
Hamlet Residential
District
The purpose and intent of Hamlet Residential District
is to provide residential neighborhoods with a
variety of housing options in accordance with the
Municipal Development Plan.
4.5
HC
Hamlet Commercial
District
The purpose of this District is to provide for a range
of commercial uses within Hamlets.
4.6
HI
Hamlet Industrial
District
The purpose and intent of this district is to provide
for a range of manufacturing, warehousing, and
other industrial land uses within Hamlets.
4.7
RB
Rural Business
District
The purpose of this District is to provide for
commercial and industrial uses that promote or are
compatible with the agrarian character of the
community.
4.8
CR
Country Residential
District
The purpose and intent of this District is to
accommodate grouped/multi-lot residential
development in rural areas with consideration of
existing agricultural Activities in the surrounding
area.
4.9
RR
Residential Resort
District
The purpose of this District is to provide for
residential development in the rural setting that may
be for seasonal or year-round occupancy and that is
compatible with the natural environment and
surrounding land uses.
4.10
AD
Airport District
The purpose of the AD - Airport District is to
provide regulations and standards for the
coordinated development of ancillary uses that are
not integral to the aeronautical operations of the
Drumheller Airport.
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4.2
DISTRICT BOUNDARIES
4.2.1
The locations and boundaries of the Land Use Districts are shown on the Land Use
District Maps, which form Section 7 of this Land Use Bylaw.
4.2.2
The locations of boundaries shown on the Land Use District Maps shall be governed
by the following rules:
a) RULE 1. Where a boundary is shown as following a street, lane, stream, or
canal, it shall be deemed to follow the centre line thereof.
b) RULE 2. Where a boundary is shown as approximately following a lot line, it
shall be deemed to follow the lot line.
c) RULE 3. In circumstances not covered by Rules 1 and 2, the location of the
district boundary shall be determined:
i. using any dimensions given on the map, or
ii. where no dimensions are given, measurement using the scale shown on
the map.
4.2.3
Where the exact location of the boundary of a Land Use District cannot be
determined, using the rules in subsection (2), Starland County Council, on its own
motion or on a written request, shall fix the location:
a) in a manner consistent with the provisions of this Bylaw; and
b) with the appropriate degree of detail required.
4.2.4
In the case of water bodies, streams, rivers or other cases, the municipal boundary
shall be as determined in accordance with the Municipal Government Act.
4.2.5
The location of a district boundary, once fixed, shall not be altered except by an
amendment of this Bylaw.
4.2.6
Starland County Council shall keep a list of its decisions adjusting the locations of
district boundaries.
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RAG
RURAL AGRICULTURAL GENERAL
4.3
RAG - RURAL AGRICULTURAL GENERAL DISTRICT
4.3.1
Purpose
The purpose and intent of this District is to accommodate agricultural land uses that support
the goals and objectives of the County's Municipal Development Plan and maintain the rural
character of the community.
4.3.2
Development Permit Not Required
Uses listed in Section 1.9, as applicable, do not require a development permit in the
RAG - Rural Agricultural General District.
4.3.3
Permitted Uses
Within the RAG - Rural Agricultural General District the following are permitted uses:
Accessory Building**
Accessory Farm Buildings **
Beekeeping *
Day Home *
Dwelling, Rural (First) ***
Dwelling, Rural (Second) ***
Extensive Agriculture *
Fabric Covered Buildings **
Farmers Market
Home Occupation - Minor **
Home Occupation - Phone & Desk **
Passive Outdoor Recreation Area
Playground
Shipping Container **
Shipping Container (temporary) **
Solar Energy System - Microgeneration **
Utilities **
Veterinary Clinic- Class 1 (Small Animal)
Veterinary Clinic- Class 2
* Does not require a permit. See Section 1.9 - Development Permit Not Required
** May not require a permit. See Section 1.9 and Specific Regulations in Section 3
*** See Specific Regulations in Section 3
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4.3.4
Discretionary Uses
Within the RAG - Rural Agricultural General District the following are discretionary uses:
Abattoir
Active Outdoor Recreation Facility
Agri-tourism Operation
Agricultural Processing Facility
Agricultural Supply Depot and Sales
Artist Studio
Auction Facility
Bed & Breakfast Establishment *
Building, Relocated *
Bulk Oil and Fuel Depots & Sales
Campground
Cannabis Production Facility *
Cemetery
Commercial Fertilizer Supply and Sales
Commercial Horticulture
Dwelling, Accessory Unit *
Dwelling, Additional Rural *
Dwelling, Attached *
Dwelling, Manufactured *
Dwelling, Relocated *
Dwelling, Tiny Home *
Educational Institution
Government Institution
Grain Elevator
Home Occupation - Major *
Indoor Recreation or Cultural Facility
Kennel *
Manufacturing, Light
Microbrewery And Craft Distillery
Natural Resource Extraction and Processing
Facility *
Signs **
Special Care Housing
Tourist Lodge Facility
Vacation Rental
Value-Added Agriculture
Warehousing and Distribution
Waste Management Facility *
Wind Energy System, Large *
Wind Energy System, Small *
* See Specific Regulations in Section 3
** See Section 1.9 and Specific Regulations in Section 3
In accordance with Section 1.14.9 - Similar Use Permits those uses which, in the opinion of the
Municipal Planning Commission, are similar to a permitted use or discretionary use listed in this
District.
66
4.3.5
Parcel Area
The parcel area requirements for the RAG - Rural Agricultural General District shall be as follows:
Use
Parcel Area Requirements
Extensive Agriculture
a) Parcel area shall be a minimum of an unsubdivided quarter
section 64.7 ha (160 acres), more or less, except, where the
quarter is fragmented or reduced by:
i.
natural barriers such as water bodies or ravines;
ii.
physical man-made barriers such as registered public
roadways and railways; and/or
iii.
a previously separated parcel for an institutional or
public use, or public utility facility;
b) in which case the Development Authority or Subdivision
Authority may permit a lesser site area that shall not be less
than 1.2 ha (3.0 acres).
c) 80-acre subdivisions are prohibited.
d) Subdivisions for estate sale purposes will not be approved
unless the application and proposed use(s) are compliant with
this Bylaw.
67
Subdivision of an
Existing Farmstead
e) Parcel area shall not exceed 4.0 ha (10 acres); or
f) the minimum area required to subdivide out an existing
dwelling and related improvements (shelterbelts, corrals,
barns, sheds, wells, septic systems etc.) which normally are
associated with a Farmstead;
whichever is less.
g) Shall minimize the amount of productive agricultural land
included in the subdivision.
Vacant Parcel
(all other uses)
h) Parcel area shall not be less than 1.2 hectares (3 acres).
i)
Parcel area shall not exceed 2.4 hectares (6 acres).
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j)
Notwithstanding the above, development on existing parcels on record at the Land
Titles Office prior to the date this Bylaw came into effect may be permitted provided
that requirements regarding setbacks, floor areas, and applicable sections from Section
2 and 3 are complied with.
4.3.6
Principal Building Setbacks
Minimum
Setback
From developed or
undeveloped municipal
road right-of-way
From Provincial
Highway
Abutting another
Parcel
Front Yard
30 m (100 ft.)
As required by Alberta
Transportation
N/A
Rear Yard
30 m (100 ft.)
As required by Alberta
Transportation
30 m (100 ft.)
Side Yard
30 m (100 ft.)
As required by Alberta
Transportation
30 m (100 ft.)
4.3.7
Accessory Building/ Structure Setbacks
Minimum
Setback
From developed or
undeveloped municipal
road right-of-way
From Provincial
Highway
Abutting another Parcel
Front Yard
30m (100 ft.)
As required by Alberta
Transportation
N/A
69
Rear Yard
30m (100 ft.)
As required by Alberta
Transportation
7.5m (25 ft.)
Side Yard
30m (100 ft.)
As required by Alberta
Transportation
7.5m (25 ft.)
4.3.8
Accessory Building/ Structure Maximum Height
Notwithstanding Section 3.1.6, there is no maximum height for Accessory Farm Buildings in the Rural
Agricultural General District.
4.3.9
Density:
Density
Maximum
Additional Requirements
Parcels per
quarter section
2 parcels
a) Two (2) parcels per quarter section may be subdivided
for any combination of the following purposes:
i.
Extensive Agricultural;
ii.
Farmstead
Separation; and/or
iii.
Vacant Parcel for a proposed use that complies with
this Land Use District and deemed suitable by the
Subdivision Authority.
b) The Subdivision Authority may, at its discretion, relax
the provisions of subsection 4.3.8(a)(i) above, to
accommodate additional subdivisions for Involuntary
Severances such as public utilities, schools, government
institutions, and oil and gas facilities.
c) For clarity, if only a portion of a quarter section remains
designated under the Rural Agricultural General District,
that portion of the quarter section may contain up to
two (2) parcels in accordance with Subsection a) above.
d) Subdivision beyond two (2) parcels will first require that
portion of land be redesignated to an appropriate
district in this Land Use Bylaw.
Parcels per cut-
off or
fragmented
quarter section
4 parcels
e) Notwithstanding Section 4.3.8(a)(i), the maximum
number of Parcels per cut-off or fragmented quarter
section shall be four (4).
Dwelling Units
per Parcel
f) In accordance with the permitted uses in this District up
to two (2) Dwelling Units are permitted per parcel.
g) In accordance with the discretionary uses in this District
the Municipal Planning Commission may allow three (3)
or more Dwelling Units on a parcel.
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71
HR
HAMLET RESIDENTIAL
4.4
HR - HAMLET RESIDENTIAL DISTRICT
4.4.1
Purpose
The purpose and intent of Hamlet Residential District is to provide residential neighbourhoods with a
variety of housing options in accordance with the Municipal Development Plan.
4.4.2
Development Permit Not Required
Uses listed in Section 1.9, as applicable, do not require a development permit in the HR - Hamlet
Residential District.
4.4.3
Permitted Uses
Within the HR - Hamlet Residential District, the following uses are permitted uses:
Accessory Building, Structure or Use **
Beekeeping *
Day Home *
Dwelling, Detached ***
Dwelling, Duplex ***
Extensive Agriculture *
Home Occupation - Phone & Desk **
Shipping Container (temporary) **
Solar Energy System - Microgeneration **
Passive Outdoor Recreation Area
Playground
Utilities **
* Does not require a permit. See Section 1.9 - Development Permit Not Required
** May not require a permit. See Section 1.9 and Specific Regulations in Section 3
*** See Specific Regulations in Section 3
4.4.4
Discretionary Uses
Within the HR - Hamlet Residential District, the following uses are discretionary uses:
Active Outdoor Recreation Facility
Indoor Recreation or Cultural Facility
Artist Studio
Home Occupation - Major *
Bed & Breakfast Establishment *
Home Occupation - Minor *
Building, Relocated *
Community Garden
Dwelling, Accessory Unit *
Manufactured Home Park *
Dwelling, Apartment *
Shipping Container *
Dwelling, Attached *
Signs **
Dwelling, Manufactured *
Special Care Housing
Dwelling, Relocated *
Vacation Rental
Dwelling, Tiny Home *
Wind Energy System, Small *
Educational Institution
Government Institution
* See Specific Regulations in Section 3
** See Section 1.9 and Specific Regulations in Section 3
In accordance with Section 1.14.9 - Similar Use Permits those uses which, in the opinion of the
Municipal Planning Commission, are similar to a permitted use or discretionary use listed in this
District.
4.4.5
Minimum Parcel Area
a) General Requirements
Based on the principal use and level of servicing of the parcel, the following minimum
parcel areas shall apply:
Principle Use
Minimum Parcel Area
m2
ft2
Residential
Unserviced
1,858
20,000
Piped Sewer
930
10,000
Fully Serviced
116
1,250
73
(Piped Water and Sewer)
74
b) Non-Residential Parcel
Requirements
Unserviced
At the discretion of the Development Authority
Piped Sewer
930
10,000
Fully Serviced
(Piped Water and Sewer)
186
2,000
C) fully serviced residential parcel
requirements
Principle Use
Minimum Parcel Area
m2
ft2
Dwelling, Tiny Home
116
1,250
Dwelling, Detached
Dwelling, Manufactured
464
5,000
Dwelling, Duplex (2 Units on Separate Title)
456
4,910
Dwelling, Duplex (2 Units on One Title)
228
2,450
Interior Unit: Dwelling, Ground-Oriented
Multi-Unit
183
1,970
Exterior Unit: Dwelling, Ground-Oriented
Multi-Unit
228
2,450
Dwelling, Apartment
650
7,000
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4.4.6
Minimum Parcel Dimensions
Based on the principal use of the parcel, the following minimum parcel dimensions are required in
the HR - Hamlet Residential District:
Principal Use
Minimum Width
Minimum Length
m
ft
m
ft
Dwelling, Tiny Home
Dwelling, Detached or
Manufactured
15.2
50
30.5
100
Dwelling, Duplex
18 per unit
59 per unit
30.5
100
Dwelling, Attached
Interior Unit: 4.9
End Unit: 7.6
Interior Unit: 16
End Unit: 25
30.5
100
Dwelling, Apartment
24.4
80
30.5
100
Non-residential
10
33
30.5
100
4.4.7
Minimum Setbacks
The following minimum setbacks apply to residential buildings in the HR - Hamlet Residential
District:
Front
Rear
Side (Interior)
Side (exterior)
Building Type
m
ft
m
ft
m
ft
m
ft
Single Detached
Duplex
Manufactured
Tiny Home
6
20
7.6
25
1.2* 4
4.5
15
Apartment
Attached Housing
6
20
6.1
20
3
10
4.5
15
Accessory Buildings
Greater
than
principal
building
1 or 2
with
access
to a lane
3 or
6 with
access
to a lane
1
3
3
10
* For a laneless parcel, the Development Authority may require one side yard setback to be a
minimum of 3 m (10 ft.) to provide vehicle access to the rear of the parcel.
76
4.4.8
Maximum Building Height
The following maximum height shall apply to buildings in the HR - Hamlet Residential District:
Use
Maximum Height
m
ft
Dwelling, Apartment
14
45
All other Residential Uses
10
33 (2½ storeys)
Accessory Buildings
4.5
15
All other uses
10
33
4.4.9
Maximum Parcel Coverage
The following maximum parcel coverage shall apply in the HR - Hamlet Residential District:
Building Type
Maximum Parcel Coverage
Principal building
40%
All Accessory Buildings/ Structures
15%
All buildings and structures
55%
4.4.10
Amenity Areas
a) For developments with multiple Dwelling Units (i.e., Apartments, Manufactured
Home Parks, Attached Housing, etc.) A minimum of 10% of the site area shall be
landscaped or developed in order that it may be utilized as an amenity area for
the residents.
b) Balconies and patios may be considered as part of the amenity area.
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HC
HAMLET COMMERCIAL
4.5
HC - HAMLET COMMERCIAL DISTRICT
4.5.1
Purpose
The purpose of this District is to provide for a range of commercial uses within Hamlets.
4.5.2
Development Permit Not Required
Uses listed in Section 1.9, as applicable, do not require a development permit in the HC- Hamlet
Commercial District.
4.5.3
Permitted Uses
Within the HC- Hamlet Commercial District, the following uses are permitted uses:
Accessory Building, Structure or Use **
Accessory Farm Building **
Beekeeping *
Community Garden
Day Home *
Eating And Drinking Establishment
Extensive Agriculture *
Farmers Market
Financial Institution
Government Institution
Home Occupation - Minor **
Home Occupation - Phone & Desk **
Passive Outdoor Recreation Area
Playground
Personal Service
Professional Office
Retail & Service, General
Shipping Container (temporary) **
Solar Energy System - Microgeneration **
Utilities **
* Does not require a permit. See Section 1.9 - Development Permit Not Required
** May not require a permit. See Section 1.9 and Specific Regulations in Section 3
*** See Specific Regulations in Section 3
4.5.4
Discretionary Uses:
Within The HC- Hamlet Commercial District, the following uses are discretionary uses:
Active Outdoor Recreation Facility
Hotel/Motel
Artist Studio
Indoor Recreation or Cultural Facility
Building, Relocated *
Manufacturing, Light
Cannabis Café
Tourist Lodge Facility
Cannabis Retail Sales
Mixed Use Development
Car Wash *
Pet Care Service *
Commercial Horticulture
Retail & Service
Data Center
Service Station *
Day Care Centre
Signs **
Drinking Establishment
Shipping Container *
Dwelling, Detached *
Solar Energy System - Commercial *
Dwelling, Accessory Unit *
Special Care Housing
Dwelling, Relocated *
Vacation Rental
Educational Institution
Vehicle Sales and Service
Farm and Large Equipment Service,
Repair and Sales
Veterinary Clinic- Class 1 (Small Animal)
Home Occupation - Major *
Veterinary Clinic- Class 2
Hospital
Wind Energy System, Small *
* See Specific Regulations in Section 3
** See Section 1.9 and Specific Regulations in Section 3
In accordance with Section 1.14.9 - Similar Use Permits those uses which, in the opinion of the
Municipal Planning Commission, are similar to a permitted use or discretionary use listed in this
District.
79
4.5.5
Minimum Parcel Area:
A. General Requirements
Based on the principal use and level of servicing of the parcel, the following minimum parcel areas
shall apply:
Principle Use
Minimum Parcel Area
m2
ft2
Residential
Unserviced
1,858
20,000
Piped Sewer
930
10,000
Fully Serviced
(Piped Water and Sewer)
116
1,250
Non-Residential
Unserviced
At the discretion of the Development Authority
Piped Sewer
930
10,000
Fully Serviced
(Piped Water and Sewer)
186
2,000
B. Fully Serviced Residential Parcels
Principle Use
Minimum Parcel Area
m2
ft2
Dwelling, Single-Detached
Dwelling, Manufactured
464
5,000
Mixed Use Development
650
7,000
80
4.5.6
Parcel Dimensions
The minimum parcel dimensions in the HC- Hamlet Commercial District are as follows:
Principal Use
Minimum Width
m
ft
All Uses
6.1
20
4.5.7
Setbacks
The following minimum setbacks apply to all Buildings in the HC- Hamlet Commercial District:
Front
Rear
Side (Interior)
Side (exterior)
Building Type
m
ft
m
ft
m
ft
m
ft
Principal
building
0
0
6.1
20
1.5*
5
4.5
15
Accessory
Buildings
Greater than
principal
building
1 or
2 with
access to
lane
3 or
6 with
access to
a lane
1.5*
5
Greater than
principal building
* Side yard setbacks may be reduced to 0 m when adjacent to non-residential developments.
4.5.8
Maximum Building Height
The following maximum height shall apply to buildings in the HC- Hamlet Commercial District:
Use
Maximum Height
m
ft
Principal building
10
33
Accessory Building/ Structure
6
20
4.5.9
Minimum Floor Area
The following minimum floor area shall apply to buildings in the HC- Hamlet Commercial District:
Use
Minimum Floor Area
m2
ft2
Principal building
46
500
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4.5.10
Maximum Parcel Coverage
The following maximum parcel coverage shall apply in the HC- Hamlet Commercial District:
Use
Maximum Parcel Coverage
Principal Building
80%
All Accessory Building and Structures
10%
All Buildings and Structures
80%
4.5.11
Amenity Areas
a) For developments with multiple Dwelling Units (i.e., Mixed Use Developments) a minimum
of 10% of the site area shall be landscaped or developed in order that it may be utilized
as an amenity area for the residents.
b) Balconies and patios may be considered as part of the amenity area.
4.5.12
Landscaping
All areas of the front yard not covered by buildings, circulation routes, or parking and loading
areas shall be landscaped to the satisfaction of the Development Authority.
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HI
HAMLET INDUSTRIAL
4.6
HI - HAMLET INDUSTRIAL DISTRICT
4.6.1
Purpose
The purpose and intent of this district is to provide for a range of manufacturing, warehousing,
and other industrial uses within Hamlets.
4.6.2
Development Permit Not Required
Uses listed in Section 1.9, as applicable, do not require a development permit in the HI -
Hamlet Industrial District:
4.6.3
Permitted Uses
Within the HI- Hamlet Industrial District, the following uses are permitted uses:
Accessory Building, Structure or Use **
Accessory Farm Building **
Beekeeping *
Day Home *
Extensive Agriculture *
Manufacturing, Light
Shipping Container **
Shipping Container (temporary) **
Solar Energy System - Microgeneration **
Utilities **
* Does not require a permit. See Section 1.9 - Development Permit Not Required
** May not require a permit. See Section 1.9 and Specific Regulations in Section 3
*** See Specific Regulations in Section 3
4.6.4
Discretionary Uses:
Within The HI- Hamlet Industrial District, the following uses are discretionary uses:
Active Outdoor Recreation Facility
Personal Service
Agricultural Processing Facility
Recreational Vehicle Storage Facility *
Agricultural Supply Depot & Sales
Recycling Depot
Artist Studio
Retail & Service, Heavy
Building, Relocated *
Self-Storage Yard
Bulk Oil and Fuel Depots & Sales
Service Station *
Car Wash *
Signs **
Commercial Fertilizer Supply and Sales
Solar Energy System - Commercial *
Data Center
Trucking Operation
Farm and Large Equipment Service, Repair
and Sales
Vehicle Sales and Service
Grain Elevator
Veterinary Clinic- Class 1 (Small Animal)
Indoor Recreation or Cultural Facility
Veterinary Clinic- Class 2
Industrial Storage Yard
Warehousing and Distribution
Kennel *
Large Wind Energy System *
Manufacturing, heavy
Small Wind Energy System *
Microbrewery And Craft Distillery
Wrecking Yard *
* See Specific Regulations in Section 3
** See Section 1.9 and Specific Regulations in Section 3
In accordance with Section 1.14.9 - Similar Use Permits those uses which, in the opinion of the
Municipal Planning Commission, are similar to a permitted use or discretionary use listed in this
District.
4.6.5
Minimum Parcel area
No parcel shall be created in this District which is less than:
Principle Use
Minimum Parcel area
m2
ft2
All uses
1,858
20,000
84
4.6.6
Parcel Dimensions
The following parcel dimensions apply in the HI - Hamlet Industrial District:
Principal Use
Minimum Width
Minimum Length
m
ft
m
ft
All uses
30.5
100
61
200
4.6.7
Setbacks
The following minimum setbacks apply to all buildings in this District:
Front
Rear
Side (Interior)
Side (exterior)
Building Type
m
ft
m
ft
m
ft
m
ft
Principal
Building
20
66
6.1
20
1.5*
5
4.5
15
Accessory
Buildings
Greater than
principal
building
1 or 2
with
access
to lane
3 or 6
without
access to a
lane
1.5*
5
Greater
than principal
building
* Side yard setbacks may be reduced to 1.0 m (3.0 ft) when adjacent to non-residential
developments.
4.6.8
Maximum Building Height
The following maximum height shall apply to buildings in this District:
Use
Maximum Height
m
ft
Principal Building
13.7
45
Accessory Building/ Structure
6.1
20
4.6.9
Minimum Floor Area
The following minimum floor area shall apply to buildings in this District:
Use
Minimum Floor Area
m2
ft2
Principal building
46
500
85
4.6.10
Maximum Parcel Coverage
The following maximum parcel coverage shall apply in this District:
Use
Maximum Parcel Coverage
Principal building
60%
All Accessory Building and Structures
10%
All buildings and structures
60%
4.6.11
Landscaping
All developments shall have a minimum of 5% of the front yard landscaped to the satisfaction of
the Development Authority.
86
RB
RURAL BUSINESS DISTRICT
4.7
RB - RURAL BUSINESS DISTRICT
4.7.1
Purpose
The purpose of this District is to provide for commercial and industrial uses that promote or are
compatible with the agrarian character of the community.
4.7.2
Development Permit Not Required
Uses listed in Section 1.9, as applicable, do not require a development permit in RB- Rural
Business District.
4.7.3
Permitted Uses
Within the RB- Rural Business District, the following uses are permitted uses:
Accessory Building, Structure or Use **
Accessory Farm Building **
Beekeeping *
Day Home *
Extensive Agriculture *
Home Occupation - Minor **
Home Occupation - Phone & Desk **
Shipping Container **
Shipping Container (temporary) **
Solar Energy System -
Microgeneration **
Utilities **
* Does not require a permit. See Section 1.9 - Development Permit Not Required
** May not require a permit. See Section 1.9 and Specific Regulations in Section 3
*** See Specific Regulations in Section 3
87
4.7.4
Discretionary Uses
Within The RB- Rural Business District, the following uses are discretionary uses:
Abattoir
Active Outdoor Recreation Facility
Agricultural Processing Facility
Agricultural Supply Depot & Sales
Artist Studio
Auction Facility
Building, Relocated *
Bulk Oil and Fuel Depots & Sales
Campground
Cannabis Café
Cannabis Retail Sales
Cannabis Production Facility
Car Wash *
Commercial Fertilizer Supply and Sales
Commercial Horticulture
Data Center
Dwelling, Accessory Unit *
Dwelling, Relocated as Accessory Unit *
Eating And Drinking Establishment
Farm and Large Equipment Service, Repair
and Sales
Farmers Market
Government Institution
Grain Elevator
Indoor Recreation or Cultural Facility
Industrial Storage Yard
Kennel *
Manufacturing, Heavy
Manufacturing, Light
Microbrewery And Craft Distillery
Natural Resource Extraction and Processing
Facility *
Personal Service
Pet Care Services *
Professional Office
Recreational Vehicle *
Recreational Vehicle Storage Facility
Recycling Depot
Retail & Service, General
Retail & Service, Heavy
Self-Storage Yard
Service Station *
Signs **
Solar Energy System - Commercial *
Trucking Operation
Vacation Rental
Vehicle Sales and Service
Veterinary Clinic- Class 1 (Small Animal)
Veterinary Clinic- Class 2
Warehousing and Distribution
Waste Management Facility *
Wind Energy System, Large *
Wind Energy System, Small *
Work Camp *
Wrecking Yard *
* See Specific Regulations in Section 3
** See Section 1.9 and Specific Regulations in Section 3
In accordance with Section 1.14.9 - Similar Use Permits those uses which, in the opinion of the
Municipal Planning Commission, are similar to a permitted use or discretionary use listed in this
88
District.
89
4.7.5
Parcel Area
The Parcel area requirements for the RB- Rural Business District shall be as follows:
Use
Parcel area Requirements
All uses
a) Parcel area shall not be less than 0.8 hectares (2.0 acres)
b) Parcel area shall not exceed 12.14 hectares (30.0 acres).
c) Notwithstanding the above, development on existing parcels on record at the
Land Titles Office prior to the date this Bylaw came into effect may be
permitted provided that requirements regarding setbacks, floor areas, and
applicable sections from Part 2 and 3 are complied with.
4.7.6
Building Setbacks
The following minimum setbacks apply to buildings in this district:
Setback
From developed or
undeveloped municipal road
right-of-way
From Provincial
Highway
From Service Road
Front Yard
30m (100 ft.)
As required by Alberta
Transportation
7.5m (25ft.)
Rear Yard
30m (100 ft.)
As required by Alberta
Transportation
7.5m (25ft.)
Side Yard
30m (100 ft.)
As required by Alberta
Transportation
7.5m (25ft.)
4.7.7
Maximum Building Height
The following maximum height shall apply to buildings in the RB- Rural Business District:
Use
Maximum Height
m
ft
Accessory Farm Buildings
14
45
All other Uses
10
33 (2½ storeys)
Accessory Buildings
8
26
90
4.7.8
Density
Density
Additional Requirements
Parcels per Quarter
Section
i.
In accordance with the permitted uses in this district up to
two (2) Dwelling Units are permitted per parcel.
ii.
In accordance with the discretionary uses in this district the
Municipal Planning Commission may allow three (3) or more
Dwelling Units on a parcel.
91
CR
COUNTRY RESIDENTIAL
4.8
CR - COUNTRY RESIDENTIAL DISTRICT
4.8.1
Purpose
The purpose of this District is to accommodate single lot and multi-lot residential development
in rural areas with consideration of existing agricultural activities in the surrounding area.
4.8.2
Development Permit Not Required
Uses listed in Section 1.9, as applicable, do not require a development permit in the CR-
Country Residential District.
4.8.3
Permitted Uses
Within the CR- Country Residential District, the following uses are permitted uses:
Extensive Agriculture *
Home Occupation - Minor **
Accessory Building, Structure or Use **
Home Occupation - Phone & Desk **
Accessory Farm Building **
Solar Energy System - Microgeneration **
Beekeeping *
Shipping Container (temporary) **
Day Home *
Passive Outdoor Recreation Area
Dwelling, Detached ***
Playground
Dwelling, Duplex ***
Utilities **
* Does not require a permit. See Section 1.9 - Development Permit Not Required
** May not require a permit. See Section 1.9 and Specific Regulations in Section 3
*** See Specific Regulations in Section 3
92
4.8.4
Discretionary Uses:
Within the CR- Country Residential District, the following uses are discretionary uses
Active Outdoor Recreation Facility
Signs **
Bed & Breakfast Establishment *
Shipping Container *
Community Garden
Special Care Housing
Commercial Horticulture
Tourist Lodge Facility
Dwelling, Manufactured *
Vacation Rental
Dwelling, Accessory Unit *
Wind Energy System, Small *
Dwelling, Relocated *
Dwelling, Tiny Home *
Home Occupation - Major *
Indoor Recreation or Cultural Facility
* See Specific Regulations in Section 3
** See Section 1.9 and Specific Regulations in Section 3
In accordance with Section 1.14.9 - Similar Use Permits those uses which, in the opinion of the
Municipal Planning Commission, are similar to a permitted use or discretionary use listed in this
District.
4.8.5
Parcel Area
Principle Use
Minimum Parcel Area
Maximum Parcel Area
ha
ac
ha
ac
All uses
0.5
1.0
2.02
5.0
4.85 (b) Notwithstanding the above, the maximum parcel area may be increased to
accommodate an existing dwelling and related improvements (shelterbelts, corrals,
barns, sheds, wells, septic systems, etc.) which normally are associated with an existing
Farmstead or residential yard site.
4.8.6
Parcel Dimensions
Principle Use
Minimum Parcel Width
m
ft
Residential
30.5
100
93
94
4.8.7
Principal Building Setbacks
The following minimum setbacks apply to principal buildings in the CR - Country Residential District:
Setback
From developed or
undeveloped municipal
road right-of-way
From Provincial
Highway
Abutting another
Parcel
Front Yard
30 m (100 ft.)
As required by Alberta
Transportation
N/A
Rear Yard
30 m (100 ft.)
As required by Alberta
Transportation
30 m (100 ft.)
Side Yard
30 m (100 ft.)
As required by Alberta
Transportation
30 m (100 ft.)
4.8.8
Accessory Building/ Structure Setbacks
The following minimum setbacks apply to Accessory Buildings and Structures in the CR - Country
Residential District:
Setback
From developed or
undeveloped municipal
road right-of-way
From Provincial
Highway
Abutting another Parcel
Front Yard
30 m (100 ft.)
As required by Alberta
Transportation
N/A
Rear Yard
30 m (100 ft.)
As required by Alberta
Transportation
7.5 m (25 ft.)
Side Yard
30 m (100 ft.)
As required by Alberta
Transportation
7.5 m (25 ft.)
4.8.9
Maximum Building Height
The following maximum building height applies within the CR- Country Residential District:
Use
Maximum Height
m
ft
Accessory Farm Buildings
14
45
All other uses
10
33 (2½ storeys)
Accessory Buildings
8
26
95
RR
RESIDENTIAL RESORT
4.9
RR - RESIDENTIAL RESORT DISTRICT
4.9.1
Purpose
The purpose of this District is to provide for residential development in the rural setting for
seasonal or year-round occupancy and that is compatible with the natural environment and
surrounding uses.
4.9.2
Development Permit Not Required
Uses listed in Section 1.9, as applicable, do not require a development permit in the RR -
Residential Resort
4.9.3
Permitted Uses
Within the RR - Residential Resort District, the following uses are permitted uses:
Extensive Agriculture *
Accessory Building, Structure or Use **
Accessory Farm Building **
Beekeeping *
Day Home *
Dwelling, Detached ***
Dwelling, Duplex ***
Home Occupation - Minor **
Home Occupation - Phone & Desk **
Passive Outdoor Recreation Area
Playground
Shipping Container (temporary) **
Solar Energy System - Microgeneration **
Utilities **
* Does not require a permit. See Section 1.9 - Development Permit Not Required
** May not require a permit. See Section 1.9 and Specific Regulations in Section 3
*** See Specific Regulations in Section 3
96
4.9.4
Discretionary Uses:
Within the RR - Residential Resort District, the following uses are discretionary uses:
Active Outdoor Recreation Facility
Community Garden
Pet Care Services *
Commercial Horticulture
Professional Office
Building, Relocated *
Recreational Vehicle *
Day Care Centre
Recreational Vehicle Storage Facility
Dwelling, Accessory Unit *
Retail & Service, General
Dwelling, Attached *
Self-Storage Yard
Dwelling, Manufactured *
Signs **
Dwelling, Tiny Home *
Special Care Housing
Dwelling, Relocated *
Tourist Lodge Facility
Government Institution
Vacation Rental
Home Occupation - Major *
Wind Energy System, Small *
Hotel/Motel
Indoor Recreation or Cultural Facility
Mixed Use Development
* See Specific Regulations in Section 3 | ** See Section 1.9 and Specific Regulations in Section 3
In accordance with Section 1.14.9 - Similar Use Permits those uses which, in the opinion of the
Municipal Planning Commission, are similar to a permitted use or discretionary use listed in this
District.
4.9.5
Parcel Area
All parcels in the RR- Residential Resort District shall meet the following parcel area requirements:
Principle Use
Minimum Parcel Area
Maximum Parcel Area
All uses
0.5 ha
1 ac
2.02 ha
5 ac
4.9.6
Minimum Parcel Dimensions
All parcels in the RR- Residential Resort District shall meet the following parcel width
requirements:
Principle Use
Minimum Parcel Width
Residential
30.5 m
100 ft.
97
4.9.7
Principal Building Setbacks
The following minimum setbacks apply to Principal Buildings in the RR - Residential Resort District:
Setback
From developed or
undeveloped municipal
road right-of-way
From Provincial
Highway
Abutting another
Parcel
Front Yard
30 m (100 ft.)
As required by Alberta
Transportation
N/A
Rear Yard
30 m (100 ft.)
As required by Alberta
Transportation
30 m (100 ft.)
Side Yard
30 m (100 ft.)
As required by Alberta
Transportation
30 m (100 ft.)
4.9.8
Accessory Building and Structure Setbacks
The following minimum setbacks apply to Accessory Buildings and Structures in the RR - Residential
Resort District:
Setback
From developed or
undeveloped municipal
road right-of-way
From Provincial
Highway
Abutting another Parcel
Front Yard
30 m (100 ft.)
As required by Alberta
Transportation
N/A
Rear Yard
30 m (100 ft.)
As required by Alberta
Transportation
7.5 m (25 ft.)
Side Yard
30 m (100 ft.)
As required by Alberta
Transportation
7.5 m (25 ft.)
4.9.9
Maximum Building Height
The following maximum building height applies within the RR - Residential Resort District:
Use
Maximum Height
m
ft
Accessory Farm Buildings
14
45
All other uses
10
33 (2½ storeys)
Accessory Buildings
8
26
98
AD
AIRPORT
4.10
AD - AIRPORT DISTRICT
4.10.1
Purpose
The purpose of the AD - Airport District is to provide regulations and standards for the
coordinated development of ancillary uses that are not integral to the aeronautical operations
of the Drumheller Airport.
4.10.2
Development Permit Not Required
Uses listed in Section 1.9, as applicable, do not require a development permit in the AD -
Airport District.
4.10.3
Permitted Uses
Within the AD - Airport District, the following uses are permitted uses:
Accessory Building, Structure or Use **
Home Occupation - Phone & Desk **
Accessory Farm Building **
Passive Outdoor Recreation Area
Beekeeping *
Shipping Container **
Day Home *
Shipping Container (temporary) **
Extensive Agriculture *
Utilities **
Home Occupation - Minor **
* Does not require a permit. See Section 1.9 - Development Permit Not Required
** May not require a permit. See Section 1.9 and Specific Regulations in Section 3
*** See Specific Regulations in Section 3
99
4.10.4
Discretionary Uses
Within the AD - Airport District the following are discretionary uses:
Artist Studio
Retail & Service, General
Building, Relocated *
Retail & Service, Heavy
Eating And Drinking Establishment
Self-Storage Yard
Drinking Establishment
Shipping Container *
Hotel/Motel
Signs **
Mixed Use Development
Solar Energy System - Microgeneration **
Recreational Vehicle *
Warehousing and Distribution
Recreational Vehicle Storage Facility
* See Specific Regulations in Section 3
** See Section 1.9 and Specific Regulations in Section 3
In accordance with Section 1.14.9 - Similar Use Permits those uses which, in the opinion of the
Municipal Planning Commission, are similar to a permitted use or discretionary use listed in this
District.
4.10.5
Maximum Height
The Development Authority may issue a development permit if no point of the development will
exceed the height of the following, as demonstrated in Figure 8 - Airport Height Limitations Diagram:
a) the take-off / approach surfaces of the runway of the airport;
b) the transitional surfaces of the runway of the airport; and
c) the outer surface.
4.10.6
Setbacks
The following minimum setbacks apply to buildings in the AD - Airport District:
Setback
From developed or
undeveloped municipal
road right-of-way
From Provincial
Highway
Abutting another
Parcel or internal Road
Front Yard
48.0 m (158 ft.)
40.0 m (131 ft.) from the
ultimate right of way; or
70.0 m (230 ft.) from the
centerline, whichever is greater
5.0 m (16.5 ft.)
Rear Yard
30.5 m (100 ft.)
30.5 m (100 ft.)
Side Yard
30.5 m (100 ft.)
30.5 m (100 ft.)
100
4.10.7
Additional Requirements
a) Any new development shall not be permitted if, in the opinion of the Development
Authority, it generates a large amount of smoke/ dust, attracts birds, creates glare, or
otherwise has the potential to create a conflict with airport operations.
b) Construction shall conform to the exterior acoustic insulation requirements of the Alberta
Building Code.
c) The Development Authority may refer applications to Transport Canada and other agencies
for comment prior to rendering a decision.
d) The Development Authority may consider any airport facility, structure, or building which
has received provincial and/or federal approval to be a permitted use.
e) The Development Authority shall not grant a variance to Section 4.10.5 - Maximum Height.
Figure 8: Airport Height Limitations
101
5 Development Overlays
5.1
PURPOSE AND AUTHORITY
5.1.1
The purpose of a Development Overlay is:
a) to facilitate the implementation of specific goals and objectives contained in adopted
statutory plans, including the Municipal Development Plan, Area Structure and
Redevelopment Plans or Master Site Plans, including the protection of preservation of
areas having topographical or environmental features or hazards that encompass
large areas of the County; or
b) for any other purpose deemed necessary by Council.
5.1.2
All Development Overlays shall be applied and interpreted such that the underlying Land Use
District and its regulations are read in conjunction with the Development Overlay, but that
the underlying Land Use District is considered subordinate when there is a discrepancy
between the two.
5.1.3
Lands subject to a Development Overlay are indicated on the Overlay Maps provided in this
section of this Bylaw.
102
5.2
AI - AGRICULTURAL INTENSIVE OVERLAY
5.2.1
Purpose
In order to mitigate the potential for land use conflicts with developments under the County's
jurisdiction, the purpose of this overlay is to identify confined feeding operations (CFOs) approved by
the province under the Agricultural Operations and Practices Act (AOPA).
5.2.2
Development Permit Not Required
Uses listed in Section 1.9, as applicable, do not require a development permit in the AI - Agricultural
Intensive Overlay.
5.2.3
Permitted Uses
Within the AI - Agricultural Intensive Overlay the uses listed as permitted uses in the underlying land
use district are permitted in the AI - Agricultural Intensive Overlay.
5.2.4
Discretionary Uses
Within the AI - Agricultural Intensive Overlay the uses listed as discretionary uses in the
underlying land use district are discretionary in the AI - Agricultural Intensive Overlay.
5.2.5
Regulations
The regulations of the underlying land use district shall apply to all developments within the AI -
Agricultural Intensive Overlay.
103
5.3
AVO - AIRPORT VICINITY OVERLAY
5.3.1
Purpose
The purpose of the AVO - Airport Vicinity Overlay is to limit the potential for land use conflicts
between the operations of the Drumheller Airport and surrounding lands in accordance with
Transport Canada's TP1247E Aviation - Land Use in the Vicinity of Aerodromes (9th edition).
5.3.2
Development Permit Not Required
Uses listed in Section 1.9, as applicable, do not require a development permit in the AVO -
Airport Vicinity Overlay.
5.3.3
Permitted Uses
Within the AVO - Airport Vicinity Overlay, the following uses are permitted uses:
Accessory Building, Structure or Use **
Accessory Farm Building **
Beekeeping *
Day Home *
Extensive Agriculture *
Home Occupation - Minor **
Home Occupation - Phone & Desk **
Passive Outdoor Recreation Area
Shipping Container (temporary) **
Utilities **
* Do not require a permit. See Section 1.9 - Development Permit Not Required
** May not require a permit. See Section 1.9 and Specific Regulations in Section 3
*** See Specific Regulations in Section 3
5.3.4
Discretionary Uses
Within the AVO - Airport Vicinity Overlay the following are discretionary uses:
Abattoir
Active Outdoor Recreation Facility
Agricultural Processing Facility
Agricultural Supply Depot and Sales
Artist Studio
Auction Facility
Bed & Breakfast Establishment *
Cemetery
Commercial Horticulture
Dwelling, Detached *
Dwelling, Manufactured *
Dwelling, Additional Rural *
Dwelling, Rural *
Educational Institution
104
Farm and Large Equipment Service,
Repair and Sales
Government Institution
Home Occupation - Major *
Indoor Recreation or Cultural Facility
Kennel *
Manufacturing, Light
Recreational Vehicle *
Recreational Vehicle Storage Facility
Self-Storage Yard
Signs **
Shipping Container *
Veterinary Clinic- Class 1 (Small Animal)
Veterinary Clinic- Class 2
Warehousing and Distribution
* See Specific Regulations in Section 3
** See Section 1.9 and Specific Regulations in Section 3
In accordance with Section 1.14.9 - Similar Use Permits those uses which, in the opinion of the
Municipal Planning Commission, are similar to a permitted use or discretionary use listed in this
District.
5.3.5
Parcel Area and Parcel Dimensions
Parcel area and parcel dimension requirements are per the underlying Land Use District.
5.3.6
Setbacks
Setback requirements are per the underlying Land Use District.
5.3.7
Density
Density requirements are per the underlying Land Use District.
5.3.8
Additional Requirements
a) Prior to rendering a decision, the Development Authority may refer any subdivision or
development application to the Drumheller Airport Operator for comment.
b) Any new development shall not be permitted if, in the opinion of the Development
Authority, it generates a large amount of smoke/ dust, attracts birds, creates glare, or
otherwise has the potential to create a conflict with airport operations.
c) Construction shall conform to the exterior acoustic insulation requirements of the Alberta
Building Code.
d) The Development Authority may refer applications to Transport Canada and other
agencies for comment prior to rendering a decision.
e) The Development Authority may consider any airport facility, structure, or building which
has received provincial and/or federal approval to be a permitted use.
6 Definitions
The following definitions pertain to terms and words used within the Land Use Bylaw.
G
General Definitions (Related to individual site developments - e.g., setbacks, parking or
general terms that are not land uses)
L
Land Use Definitions (Permitted or Discretionary Uses)
**Terms in Blue are cross-references for convenience only.
Disclaimer: The following table contains definitions for terms and words used within this Land
Use Bylaw. The column on the far right is for information purposes only to assist with
navigating the Bylaw.
Quick links - click on the letter to jump to the definitions.
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z
TERM
DEFINITION
A
(Click here to return to Definitions Index)
ABATTOIR
means the use of land, buildings, or structures for the slaughtering of animals
and processing of meat products.
L
ABUT OR
ABUTTING
means immediately contiguous to, or physically touching, and when used with
respect to a lot or a parcel, means that the lot or parcel physically touches
another lot, parcel, or development, and shares a property line with it.
ACCESSORY
BUILDING
means a use where a building or structure accommodates a use, which is
related to, but incidental or subordinate to, the use of the principal located on
the same parcel. This includes buildings or structures such as sheds, carports
and detached garages.
L
106
ACCESSORY
BUILDING,
FABRIC
COVERED
means a use where a structure accommodates a use which is related to, but is
incidental or subordinate to, the use of the principal building located on the
same parcel. An Accessory Building, Fabric Covered is designed by virtue of
easy assembly and dismantling, commercially constructed of metal or synthetic
tube and fabric, plastic or similar materials, and covered with waterproof
sheeting, synthetic sheeting or plastic film.
L
ACCESSORY
DWELLING
UNIT
See Dwelling, Accessory Unit.
L
ACCESSORY
FARM
BUILDING OR
STRUCTURE
means buildings and/or structures used for storing grain, equipment, livestock,
and anything else incidental to the agricultural operation of the parcel, but
does not include a Dwelling, Accessory Unit, retail component, commercial
storage of fertilizer, or facilities used for the processing of livestock or crops.
L
ACT
means the Municipal Government Act RSA 2000 c. M-26, as amended.
G
ACTIVE
OUTDOOR
RECREATION
FACILITY
means land requiring substantial alteration or development to support sports
and active recreation conducted outdoors, but not primarily to support
tourism. Typical uses include sports fields, outdoor tennis courts, athletic
fields, bowling greens, riding stables, racetracks, horseshoe pits, golf courses,
skateboard parks, volleyball courts, and includes accessory uses such as park
maintenance and service facilities, but does not include a Tourist Lodge
Facility, Viewpoint, or Playground.
L
ADJACENT
means land that is contiguous to a parcel of land and includes land that would
be contiguous if not for a highway, road, river, stream, or railway.
G
AGRI-TOURISM
OPERATION
Means any agriculturally based operation or activity that brings visitors to a
farm or ranch.
L
AGRICULTURAL
PROCESSING
FACILITY
means a facility were cleaning, drying, and other processes are used to
prepare seed, grains, and other crops, not including cannabis, for agricultural
purposes or consumption by humans or animals. An Agricultural Processing
Facility may include warehousing of raw farm products and a retail component
to wholesalers or consumers.
L
AGRICULTURAL
SUPPLY DEPOT
AND SALES
means a facility that specialize in the bulk storage of agricultural products and
farm supplies and may include a retail component, but does not include sale or
storage of fertilizers, or the processing of agricultural products.
L
AIRPORT
ZONING
REFERENCE
POINT
ELEVATION
in the case of airports, means 789.1 m (2640 ft.) above sea level, and is used
to establish the height of the outer surface.
G
AMENITY AREA
means an indoor or outdoor space provided for the active or passive
recreation and enjoyment of the occupants of a development, which may be
for private or communal use and owned individually or in common.
G
APPEAL BODY
means the board hearing a subdivision or development permit appeal in
accordance with the Municipal Government Act.
G
107
AREA
REDEVELOPME
NT PLAN
means a statutory plan adopted by bylaw in accordance with the Municipal
Government Act. An Area Redevelopment Plan provides the framework to
guide future redesignation, subdivision, and development permit applications
on an area of land that must consider existing developments.
G
AREA
STRUCTURE
PLAN
Means a statutory plan adopted by bylaw in accordance with the Municipal
Government Act. An Area Structure Plan provides the framework to guide
future redesignation, subdivision, and development permit applications on and
area of land that has little to no existing development.
G
ARTIST STUDIO
means a use:
(a) where art is produced by individuals;
(b) that may include the instruction of art to individuals or groups; and
that may include the sale of art pieces produced by that use.
L
AUCTION
FACILITY
means development specifically intended for the auctioneering of livestock,
goods, and/or equipment, including temporary storage of such goods and may
include the temporary holding of the livestock. This use does not include on-
site slaughtering, such as an abattoir, or one-time on-site estate auction sales.
L
AUTO SALES
AND SERVICE
See Vehicle Sales and Service.
L
AUTOMOBILE
WRECKER/
SALVAGE
ESTABLISHMEN
T
See Wrecking Yard.
L
AVERAGE
GRADE
See Grade, Average.
B
(Click here to return to Definitions Index)
BALCONY
means an extension of a floor projecting from the wall of a Building and
enclosed by a parapet or railing.
G
BANK
See Financial Institution.
L
BASEMENT
means that portion of a building between two floor levels which is partly
underground, but which has a portion of its height from finished floor to
finished ceiling above the adjacent finished grade.
G
BASIC STRIP
in the case of airports, means a rectangular area measured as 60 m (200 ft.)
out from each end of the runway, 45 m (150 ft.) on each side of the centre line
of the runaway, and with a total length of 1187 m (3900 ft.).
G
BED AND
BREAKFAST
ESTABLISHMEN
T
means a lodging facility within an owner-occupied dwelling having no more
than three guest rooms and providing common dining facilities, but no
cooking facilities in guest rooms.
L
BEEKEEPING
means the raising of honeybees for commercial purposes and may include
onsite sales. All Activity related to beekeeping must comply with the Bee Act.
L
108
BENCH
(TOPOGRAPHIC
AL)
means a plateau or level (slope, typically between 1% and 15%) occurring
between the brink of one slope and the toe of another.
G
BETTER
AGRICULTURAL
LAND
means Canada Land Inventory (CLI) Capability for Agricultural Classifications 1
to 4. The CLI rating is subject to confirmation from site inspection, land
assessment records or other detailed soil investigations.
G
BIOGAS
See Waste Management Facility.
L
BULK
FERTILIZER
STORAGE AND
SALES
See Commercial Fertilizer Supply and Sales.
L
BULK OIL AND
FUEL DEPOTS
& SALES
means land, buildings and equipment used for the bulk storage, dispensing
and sale in bulk quantities of liquid or gaseous fuel but does not include a
Service Station.
L
BRINK OF
SLOPE
As shown on Figure 1: Topographical features, means the point where a slope
begins to fall off steeper than 20%.
G
BUILDING
means a roofed structure with solid exterior walls and which is used or
intended to be used as shelter for persons, animals, equipment, or goods and
services.
G
BUILDING
HEIGHT
means the vertical distance measured from the average grade and the highest
point of a building, excluding a roof, stairway entrance, elevator shaft,
ventilating fan, skylight, steeple, chimney, smoke stack, fire wall or parapet,
flagpole, or similar devices not structurally essential to the building.
G
109
BUILDING LINE
means the extended line of the wall of the building or any portion of the
building which faces the line of the parcel.
G
BUILDING LINE,
FRONT
means a line parallel to the Front Parcel Line drawn across the parcel through
the point where a Building on the parcel is closest to the Front Parcel Line.
G
BUILDING LINE,
REAR
means a line parallel to the Rear Parcel Line drawn across the parcel through
the point where a Principal Building on the parcel is closest to the Rear Parcel
Line.
G
BUILDING,
RELOCATED
Means the relocation of a building on the same site, or from another site to a
new site.
L
C
(Click here to return to Definitions Index)
CAMPGROUND
means a recreational development for the purpose of providing temporary
accommodation mainly for recreational vehicles and tents and may include
other camp-style accommodations such as yurts and small seasonal cabins. A
campground is not construed to mean a development for the purpose of
accommodating long-term or permanent occupancy by recreational vehicles or
Manufactured Homes.
L
CANNABIS
ACCESSORY
means cannabis accessory as defined in the Cannabis Act (Canada) and its
regulations, as amended from time to time.
G
110
CANNABIS
CAFÉ
means a development where the primary purpose of the facility is the sale of
Cannabis to the public, for consumption within the premises and which is
authorized by provincial and federal legislation.
L
CANNABIS
PRODUCTION
FACILITY
means a facility providing for the production, storage, processing and/ or
distribution of cannabis and which is owned or operated by a licensed
cannabis producer or distributor.
L
CANNABIS
RETAIL SALES
means a retail store licensed by the Province of Alberta where Cannabis and
Cannabis Accessories are sold to individuals who attend the premises.
L
CAR WASH
means an establishment for the washing of motor vehicles, which may employ
production-line methods, mechanical devices, staffed hand wash facilities, or
unstaffed self-wash facilities, and may include washing stations for pets.
L
CEMETERY
means a use of land that may include structures and buildings to
accommodate ceremonies and/ or remains of the deceased.
L
CHURCH
See Indoor Recreation or Cultural Facility.
L
COMMENCEME
NT OF
DEVELOPMENT
means the moment construction is started on a site (e.g. excavation, mobilizing
machinery on site) or the land use has begun.
G
COMMERCIAL
FERTILIZER
SUPPLY AND
SALES
A facility that specializes in the bulk storage and sale of solid and liquid
fertilizers and includes other agricultural chemicals.
L
COMMERCIAL
HORTICULTURE
means the production of crops that does not require large areas of land
and/or large amounts of water to support cultivation, and may include
greenhouse structures, but does not include a Cannabis Production Facility.
L
COMMERCIAL
RIDING
STABLES
See Indoor Recreation or Cultural Facility.
L
COMMERCIAL
TOURIST
FACILITY
See Tourist Lodge Facility.
L
COMMUNICATI
ON FACILITY
See Data Centre.
L
COMMUNITY
GARDEN
means land used for agricultural activities conducted at a neighbourhood scale
and where the produce is not primarily intended for commercial sale.
L
COMPREHENSI
VELY
PLANNED
AREA
means an area of the County that is guided by a comprehensive statutory plan
inclusive of an Area Structure Plan or Area Redevelopment Plan in accordance
with the provisions of the Act. These plans recognize the physical, economic,
social, political, aesthetic, and related factors of the community involved.
G
CONCEPT
PLAN
means a non-statutory plan adopted by resolution.
G
COMMUNITY
HALL
See Indoor Recreation or Cultural Facility.
L
111
CONFINED
FEEDING
OPERATION
means an Activity on land that is fenced or enclosed or within buildings where
livestock is confined for the purpose of growing, sustaining, finishing or
breeding by means other than grazing and requires registration or approval
under the conditions set forth in the Agricultural Operations Practices Act
through the Natural Resources Conservation Board.
L
CONVENIENCE
STORE
See Retail & Service, General
L
CONVENTION
FACILITY
See Indoor Recreation or Cultural Facility and/or Hotel/Motel.
L
CORNER
PARCEL
See Parcel, Corner
G
COUNCIL
means the elected Council of Starland County
G
COUNTRY
RESIDENTIAL
means a Dwelling Unit situated on a parcel of land used principally for private
residential purposes within an otherwise rural area.
G
COUNTRY
RESIDENTIAL
DECLARATION
means a form provided by the Municipality as part of a residential application
for development or subdivision. The form contains a statement asking the
applicant to acknowledge non-residential land uses with off-site impact may be
in proximity to their development.
G
COUNTRY
RESIDENTIAL -
GROUPED
means 2 or more parcels of land used principally for residential purposes
within an otherwise rural area and are situated within the same quarter
section.
G
CREST OF
SLOPE
means the point at the top of a slope where the slope ends and is no longer
greater than 20%.
G
D
(Click here to return to Definitions Index)
DATA CENTRE
means a building or group of buildings housing computer systems that
provide processing, storage, or distribution services.
L
DAY HOME
means a childcare facility operated from a private residence for up to and
including 6 non-resident children between the ages of 0 and 12 and complies
with the Alberta Family Day Home Standards.
L
DAYCARE
CENTRE
means a facility providing group day care, family daycare, nursing school, child
minding, out of school care, or specialized daycare for more than six non-
resident children between the ages of 0 and 12.
L
DECK
means a flat, floored concrete or wooden structure, usually elevated above
grade level and usually adjoining a dwelling and accessory to the principal
residential use or building. A deck may consist of roofing and means of vertical
enclosure but will not include any insulation or heating apparatus contained
within the structure.
G
DENSITY
means a measure of development intensity expressed as a ratio of the number
of Dwelling Units to parcel area.
112
DESIGNATED
OFFICER
means a position established by bylaw whereby Council has delegated powers,
duties, and/or functions.
G
DETACHED
DWELLING
See Dwelling, Detached
L
DEVELOPMENT
means:
a) an excavation or stockpile and the creation of either of them; or
b) a building or an addition to, or replacement or repair of a building and
the construction or placing in, on or under land of any of them; or
c)
a change of use of land or a building, or an Act done in relation to land or
a building that results or is likely to result in a change in the land or the
building; or
d) a change in the intensity of use of land or building that results in or is
likely to result in a change in the intensity of use of the land or building.
G
DEVELOPMENT
AUTHORITY
means a person, or persons, appointed as the Development Authority by
Bylaw.
G
DEVELOPMENT
COMMENCEME
NT
means the moment construction is started on site (i.e., Excavation) or the land
use has begun for the purposes of the development permit application.
G
DEVELOPMENT
COMPLETION
means the moment the:
a) components of the development have been constructed and
installed and all conditions of related building and development
permits have been met; and/ or
b) the final inspection reports have been received (as required by the
County for the project).
G
DEVELOPMENT
OFFICER
means a person appointed by Council via bylaw for performing Development
Authority duties on behalf of Starland County.
G
DEVELOPMENT
PERMIT
means a document authorizing development issued under this Land Use
Bylaw.
G
DISCRETIONAR
Y USE
means a use for which a development permit may be issued at the discretion
of the Development Authority.
G
DISTILLERY
See Microbrewery & Craft Distillery.
L
DRINKING
ESTABLISHMEN
T
means an establishment licensed by the Alberta Gaming, Liquor and Cannabis
(AGLC) Commission, in which alcoholic beverages are served for consumption
on the premises and any preparation or serving of food is accessory thereto.
This term refers to bars, taverns, pubs and lounges.
L
113
Dwelling Unit Types
The following images are provided for convenience only.
Where there is a conflict between the image and the text, the text prevails.
DWELLING, DETACHED
DWELLING, DUPLEX
DWELLING, ATTACHED
DWELLING, MANUFACTURED
or
DWELLING,
MANUFACTURED
DWELLING, TINY HOME
DWELLING,
ACCESSORY
UNIT
means a self-contained Dwelling Unit that is subordinate to and under one title
with the principal residential use.
L
DWELLING
ACCESSORY
UNIT,
ATTACHED
means a use where an Accessory Dwelling Unit is located within or attached to
the building containing the principal residential use.
L
DWELLING
ACCESSORY
UNIT,
DETACHED
means a use where an Accessory Dwelling Unit is located on the same parcel
as, but within a separate building, from the principal residential use.
L
DWELLING,
ADDITIONAL
RURAL
means the third or more Dwelling Unit on a parcel. At the discretion of the
Development Authority, an Additional Rural Dwelling Unit may be in one or more
of the following forms: Detached, Duplex, Manufactured, Attached, or Dwelling,
Accessory Unit.
L
DWELLING,
APARTMENT
means a building designed for residential use that is divided into five (5) or
more Dwelling Units and where two or more Dwelling Units share a common
entrance.
L
DWELLING,
ATTACHED
means a building designed for residential use consisting of three (3) or more
Dwelling Units, each of which has an individual entrance to the outdoors. This
includes townhouses, rowhouses, triplexes and fourplexes, but does not
include an apartment.
L
114
DWELLING,
DETACHED
means a building that contains one Dwelling Unit and is physically detached
from any other Dwelling Unit. A Detached Dwelling does not include a
Dwelling, Manufactured; Dwelling, Accessory Unit; or Recreational Vehicle.
L
DWELLING,
DUPLEX
means a building consisting of two Dwelling Units. Each dwelling shall have
separate, individual, and direct access to grade, with no interior access
connections/ access between Dwelling Units. A Dwelling, Duplex does not
include a Dwelling, Accessory Unit.
L
L
DWELLING,
MANUFACTURE
D
means a use where a transportable, single or multiple section building
conforming to CSA standards at the time of construction that contains a
Dwelling Unit and when placed on a permanent foundation is ready for
residential use and occupancy. A Manufactured Dwelling includes such styles
known as modular homes, manufactured homes and Ready to Move (RTM)
Homes.
L
DWELLING,
MOBILE
See Dwelling, Manufactured.
L
DWELLING,
MODULAR
HOME
See Dwelling, Manufactured.
L
DWELLING,
READY-TO-
MOVE (RTM)
See Dwelling, Manufactured.
L
DWELLING,
RELOCATED
Means the relocation of a Dwelling on the same site, or from another site to a
new site.
L
DWELLING,
RURAL (FIRST)
means the first Dwelling Unit on a rural parcel not in a hamlet in one or more of
the following forms: Detached Dwelling, Duplex Dwelling, Manufactured
Dwelling, or Dwelling, Accessory Unit.
L
DWELLING,
RURAL
(SECOND)
means the second Dwelling Unit on a rural parcel not in a hamlet in one or
more of the following forms: Detached Dwelling, Duplex Dwelling,
Manufactured Dwelling, or Dwelling, Accessory Unit.
DWELLING,
SEMI-
DETACHED
See Dwelling, Duplex
L
DWELLING,
TINY HOME
A Tiny Home means:
a) A building that conforms to the Alberta Building Code;
b) a principle building that is residential in appearance and character;
c)
used as a temporary or permanent Dwelling Unit;
d) is between 23m2 (250 ft2 and 65 m2 (700 ft2) in floor area;
e) is physically detached from any other Dwelling Unit on the property; and
f)
conforms to Section 3.5 - Manufactured Dwellings.
L
115
DWELLING
UNIT
means a building or a self-contained portion of a building for the residential
use of one or more people living as a single housekeeping unit, and
containing complete sleeping, cooking and toilet facilities.
L
E
(Click here to return to Definitions Index)
EASEMENT
means the right to use land generally for access to other property or as a
right-of-way for a public utility.
G
EATING AND
DRINKING
ESTABLISHMEN
T
means a development where food and beverages are prepared and served and
may include supplementary alcoholic beverage service licensed by the Alberta
Gaming, Liquor and Cannabis (AGLC) Commission. This term refers to such
uses as restaurants, cafes, lunch and tearooms, ice cream parlors, banquet
facilities and take-out restaurants.
L
EAVE
means the edges of the roof that overhang past the walls of a building that
primarily function to protect a building from rain and to provide ventilation.
G
EDUCATIONAL
INSTITUTION
means buildings and structures used for the assembly of persons for
educational purposes, where classrooms, libraries, offices, recreational
facilities, and other related facilities are provided for course participants and
staff, and where dormitory accommodations and common kitchen and dining
facilities may also be provided.
L
EXISTING
means existing as of the date of adoption of this Land Use Bylaw.
G
EXTENSIVE
AGRICULTURE
means the production of crops and/or raising of livestock that requires large
areas of land and/or large amounts of water to support operations, but does
not include Confined Feeding Operations, residential uses, or a Cannabis
Production Facility.
L
F
(Click here to return to Definitions Index)
FABRIC
COVERED
BUILDING
See Accessory Building, Structure or Use and Accessory Farm Building or
Structure.
G
FARM AND
LARGE
EQUIPMENT
SERVICE,
REPAIR AND
SALES
means a commercial enterprise used for where equipment, vehicles or
machines are repaired and serviced for customers and may include rental of
vehicles or equipment, but does not include a Recreational Vehicle Storage
Facility, or Wrecking Yard.
L
FARM
BUILDING
See Accessory Farm Building or Structure.
L
FARM
DWELLING
See Dwelling, Rural or Dwelling Additional Rural.
L
FARMERS
MARKET
A temporary, seasonal, or occasional market held in an open area or in a
structure where groups of individual sellers offer for sale to the public items
such as fresh farm produce, food, beverages, arts, crafts and other retail
goods.
L
116
FARMSTEAD
SEPARATION
means the approval by the Subdivision Authority to subdivide out a parcel of
land for an existing Dwelling Unit and related improvements (shelterbelts,
corrals, barns, sheds, wells, septic systems etc.) which normally are associated
with a farm operation.
G
FEED MILL
See Agricultural Processing Facility.
L
FENCE
means a physical barrier constructed to restrict visual intrusion or
unauthorized access or both.
G
FERTILIZER
STORAGE AND
DISTRIBUTION
See Commercial Fertilizer Storage and Sales.
L
FINANCIAL
INSTITUTION
means a business that is open to the public and engaged in banking and that
performs closely related functions such as making loans, and investments, and
may include the provision of automatic teller machines.
L
FLOOD,
DESIGN
means the minimum design standard in Alberta for floodproofing, which is a
1:100 flood event. A 1:100 event is defined as 'a flood whose magnitude has
a 1% chance of being equaled or exceeded in any year'. The design flood can
also reflect 1:100 ice jam flood levels and is based on historical flood events.
G
FLOOD FRINGE
means the portion of the flood hazard area outside of the floodway. Water in the
flood fringe is generally shallower and flows more slowly than in the floodway.
G
FLOOD
HAZARD
AREA
means an area of land that will be inundated with water during a high-water
event that meets or exceeds the 1:100 design flood. The flood hazard area is
divided into two zones, the floodway and the flood fringe, and may also include
areas of overland flow.
G
FLOOD,
OVERLAND
FLOW
means areas of land where surface water drains towards the floodway during a
high-water event. Lands impacted by overland flows may form part of a flood
hazard area, as determined by a qualified professional engineer.
G
117
FLOODPROOFI
NG
means the alteration of land, or construction of buildings and structures to
mitigate flood damage to a parcel, which may include but is not limited to:
altering grade elevations, discouraging development in flood hazard areas to
maintain flood flows, erosion control measures, floodgates, etc.
G
FLOODWAY
means the portion of the flood hazard area where flows are deepest, fastest and
most destructive. The floodway typically includes the main channel of a stream
and a portion of the adjacent overbank area.
G
FLOOR AREA
means the total floor area of every room and passageway contained in a
building, not including the floor areas of basements, attached garages, sheds,
open porches, patios, open decks, verandas or breezeways.
G
FLOOR AREA
RATIO (FAR)
means the ratio between the gross floor area of all the buildings or structures
on the parcel and the total area of the parcel upon which all the buildings or
structures are situated.
G
FOOD
PROCESSING,
STORAGE, AND
SALES
means a facility in which raw farm products combined with other consumable
ingredients to produce marketable products for consumption that can be
easily prepared and served by the consumer, and where raw farm products
may be warehoused prior to being sold either directly to consumers or for
wholesale, and the selling of raw farm products either directly to consumers or
for wholesale. See Agricultural Processing Facility.
L
FRONT
BUILDING LINE
See Building Line, Front.
G
FRONT LOT
LINE
See Parcel Line, Front.
G
FRONT
SETBACK
See Setback, Front.
G
FRONTAGE
means the distance along the property line adjacent to a highway or public
street.
G
G
(Click here to return to Definitions Index)
GOLF COURSE
See Active Outdoor Recreation Facility.
L
GOVERNMENT
INSTITUTION
means a use where municipal, provincial or federal government services
directly to the public or the community at large, and includes development
required for the public protection of persons or property. Typical facilities
would include police stations, fire stations, courthouses, post offices, municipal
offices, social service offices, and employment offices.
L
GRADE
means the geodetic elevation of the existing ground in an undisturbed natural
state or an approved design grade as described in a grading plan.
G
GRADE,
AVERAGE
means the average elevation at the mid-point along the front parcel line and
the finished ground elevation at the rear of the building. (Refer to building
height)
G
118
GRAIN
ELEVATOR
means a building for elevating, storing, and discharging grain. The use may
also include facilities for moving the grain via a variety of transportation
alternatives such as rail or trucks.
L
GROSS FLOOR
AREA
means the sum of the areas of all above grade floors of a building measured
to the outside surface of the exterior walls, or where buildings are separated
by fire walls, to the centre line of the common fire walls, and includes all
mechanical equipment areas and all open areas inside a building that do not
contain a floor including atriums, elevator shafts, stairwells and similar areas.
For greater clarity, a walk-out basement is not included in the calculation of
gross floor area, but Dwelling units in the basement of an Apartment shall be
included in the calculation of gross floor area.
G
GROUP CARE
FACILITY
See Special Care Housing.
G
H
(Click here to return to Definitions Index)
HABITABLE
AREA
means any room or space within a building or structure which is or can be
used for human occupancy, commercial sales, or storage of goods,
possessions, or equipment (including furnaces) which would be subject to
damage if flooded.
G
HANGER
is a closed building or structure, with a large floor area typically to hold
aircraft in protective storage and may include airport related industrial or
commercial uses.
G
HEAVY
MANUFACTURI
NG
See Manufacturing, Heavy.
L
HEIGHT
means the vertical distance from one point to another point.
G
HEIGHT OF
SLOPE
means the distance between the toe and crest of the slope.means the point
where a slope begins to rise steeper than 20%.
G
HEIGHT,
BUILDING
See Building, Height.
G
HIGHWAY
means a road designated and classified as a provincial highway by the
Province of Alberta.
G
HOME
OCCUPATION -
MAJOR
means a commercial or industrial use subordinate to the residential character
of the subject property that is of a significant size or intensity of operation that
it is likely to have off-site impact such as noise, dust, vibrations, traffic or
visual change to the property. A Home Occupation - Major may include on-
premise sales, commercial deliveries, on-site outdoor storage, display of
goods, off-site employees, on-site advertising, and food prepared on-site.
L
HOME
OCCUPATION -
MINOR
means a commercial use subordinate to the residential character of the
property that is a moderate size or intensity of operation and may have minor
off-site impact, such as noise, dust, or traffic. A Home Occupation - Minor may
include limited on-premise sales, commercial deliveries, indoor storage, off-site
employees, and on-site advertising.
L
119
HOME
OCCUPATION -
PHONE & DESK
means a commercial use subordinate to the residential character of the
property that consists of a home office and associated equipment and areas. A
Home-Occupation - Phone & Desk shall not include off-site employees,
commercial deliveries, outdoor storage, on-site advertising, use of accessory
buildings, food preparation, or on-premise sales.
L
HOSPITAL
means a facility that provides health, medical, and/or surgical care to the sick
or injured and may include accessory uses including but not limited to,
laboratories, outpatient clinics, cafeterias, gift shops, training facilities,
classrooms, and offices integral to the function of the Hospital.
L
HOTEL/MOTEL
means a use where temporary or short-term sleeping accommodations are
provided in rooms or suites, which may contain kitchen facilities. This
definition includes hotels, motels, hostels and similar overnight
accommodations. This may include additional facilities or services such as
Eating and Drinking Establishments, meeting or banquet rooms, Personal
Service Establishments, a manager's suite and convention facilities.
L
I
(Click here to return to Definitions Index)
IMPERVIOUS
SURFACE
means ground, covered ground, buildings, or structures which water cannot
infiltrate.
G
INDOOR
RECREATION
OR CULTURAL
FACILITY
means the use of buildings or structures for recreation, amusement, cultural,
religious, or entertainment primarily conducted indoors, such as billiard halls,
community halls, bowling alleys, arcades, fitness centres, sport facilities,
gymnasiums, dance studios, theatres, cinemas, auditoria, swimming pools,
concert halls, places of worship, and galleries.
L
INDUSTRIAL
PARK
means the development of three or more contiguous parcels of land for
industrial purposes.
L
INDUSTRIAL
PLANT
See Manufacturing, Heavy; Manufacturing, Light; Agricultural Processing
Facility
L
INDUSTRIAL
STORAGE
YARD
means a use:
a) where goods, motor vehicles or equipment used in road construction,
building construction, oilfield services and similar industries are stored
outdoors when they are not being used; or
b) where the vehicles and equipment stored may also be serviced, cleaned
or repaired; or
c)
that may involve the storage of construction material such oil and gas
pipeline materials; or
d) that does not involve the storage of any derelict vehicles or derelict
equipment; or
e) that does not involve the production or sale of goods as part of the use;
or
that may have a building for the administrative functions associated with the use.
L
120
INTENSIVE
AGRICULTURAL
OPERATION
f)
means a farming that involves approvals required by the Natural
Resources Conservation Board.
L
INTENSIVE
VEGETATIVE
OPERATION
See Commercial Horticulture.
L
INVOLUNTARY
SEVERANCE
means a subdivision of land necessary for roads, utilities, oil and gas facilities
and other similar land uses that result in a parcel of land that is less than a
quarter section (160 ac more or less).
G
K
(Click here to return to Definitions Index)
KENNEL
means any place where three or more dogs and/or cats over six months of age
are maintained, boarded, bred, trained, or cared for remuneration or sale.
L
L
(Click here to return to Definitions Index)
LANDFILL
See Waste Management Facility.
L
LANDSCAPE
SCREEN
means an opaque barrier formed by a row of shrubs, trees or by a wooden
Fence or masonry wall or by a combination of these.
G
LANDSCAPED
AREA
means that portion of a parcel which is required to be landscaped pursuant to
district regulations or conditions of approval of a development permit.
G
LANDSCAPING
means any combination of trees, bushes, shrubs, plants, flowers, lawns, bark
mulch, decorative gravel, decorative paving, planters, decorative fences, and
the like, arranged and maintained so as to enhance the appearance of the
property and shall not include paved Parking Areas, sidewalks, uncleared
natural bush, undergrowth or weed growth.
G
LANE
means a public roadway usually less than 10.00 metres wide typically
providing secondary access to one or more parcels.
G
LARGE WIND
ENERGY
SYSTEM
See Wind Energy System, Large.
L
LIBRARY
Means a public, facility in which literary, musical, artistic, or reference materials
such as but not limited to books, manuscripts, computers, recordings, or films
are kept for use by or loaning to patrons of the facility but are not normally
offered for sale. See Indoor Recreation or Cultural Facility.
L
LIGHT
MANUFACTURI
NG
See Manufacturing, Light.
L
LOADING
AREA, OFF-
STREET
means an area designed for the loading and unloading of goods from motor
vehicles located on the same lot as the building, structure, or use that requires
an off-street loading area.
G
121
LOADING
STALL
means a space within an off-street parking area for the loading and unloading
of goods from motor vehicles, excluding driveways, ramps, columns, offices,
and work areas.
G
LOT
means a 'lot' as defined in the Municipal Government Act, Part 17. Also see
the related definition Parcel.
G
M
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MANUFACTURI
NG, HEAVY
means the creating, fabricating, processing, production, assembly, or
packaging of materials, goods, or products and their distribution, which may
generate a detrimental impact, potential health or safety hazard or nuisance
beyond the boundary of the parcel and may include supplementary warehouse
and staging facilities.
L
MANUFACTURI
NG, LIGHT
means the creating, fabricating, processing, production, assembly, or
packaging of materials, goods, or products and their distribution, which does
not generate any detrimental impact, potential health or safety hazard or
nuisance factors beyond the boundary of the lot.
L
L
MASTER SITE
PLAN
means a plan that provides design guidance for the development of a large
area of land with little or no anticipated subdivision. The purpose of the
Master Site Plan is to prove that future phases of development can occur in
compliance with this Land Use Bylaw and other applicable Municipal
standards, but does not constitute an approval, endorsement, permit, or
guarantee of such for future phases. Each phase of development requires a
new development permit application.
G
MEDICAL
MARIHUANA
PRODUCTION
FACILITY
See Cannabis Production Facility.
L
MICROBREWER
Y & CRAFT
DISTILLERY
means a Licensed Microbrewery & Craft Distillery that includes the brewing or
distilling of alcoholic beverages or alcoholic products, which may include an
associated bar, restaurant, public tasting, or may include the wholesale or
retail sale of products that are manufactured on-site.
L
MIXED USE
DEVELOPMENT
means a building which integrates a mixture of compatible residential and
commercial land uses, but typically maintains separate site and building
entrances for residents and commercial users.
L
MOBILE HOME
See Dwelling, Manufactured
L
MANUFACTURE
D HOME PARK
means a parcel of land that has been planned, divided into Manufactured
Home sites and improved for placement of Manufactured Homes for
permanent residential use.
L
MODULAR
HOME
See Dwelling, Manufactured
L
MULTIPLE UNIT
DWELLING
See Dwelling, Attached or Dwelling, Apartment.
L
122
MUNICIPAL
PLANNING
COMMISSION
(MPC)
means the Municipal Planning Commission established by Council in
accordance with the Act.
G
MUNICIPAL
WORKS
See Utility
L
MUNICIPALITY
means Starland County.
G
MUSEUM
See Indoor Recreation or Cultural Facility.
L
N
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NATURAL
BOUNDARY
means the visible high water mark of any lake, river, stream or other body of
water where the presence and Action of the water are so common and usual
and so long continued in all ordinary years as to mark upon the soil of the bed
of the lake, river, stream or other body of water a character distinct from that
of the banks thereof, in respect to vegetation, as well as in respect to the
nature of the soil itself. In addition, the Natural Boundary includes edge of
dormant or old side channels and marsh areas.
G
NATURAL
RESOURCE
EXTRACTION
AND
PROCESSING
FACILITY
means the Extraction of natural resources such as clay, sand, gravel, limestone,
coal, petroleum and other minerals, and may include primary treatment into a
raw, marketable form.
L
NON-
CONFORMING
BUILDING
means a building lawfully constructed or lawfully under construction at the
date a Land Use Bylaw affecting the building or the land on which the building
is situated becomes effective, and that on the date the Land Use Bylaw
becomes effective does not, or when constructed will not, comply with the
Land Use Bylaw.
G
NON-
CONFORMING
USE
means a lawful specific use being made of land or a building or intended to be
made of a building lawfully under construction at the date a Land Use Bylaw
affecting the land or building becomes effective, and that on that date the
Land Use Bylaw becomes effective does not, or in the case of a building under
construction will not comply with the Land Use Bylaw.
G
NUISANCE
GROUNDS
see Waste Management Facility.
L
O
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OUTER
SURFACE
in the case of airports, means an imaginary common plane established at a
constant elevation of 45 m (150 ft.) above the airport zoning reference point
elevation and extending to the boundary of the "AD" - Airport District.
G
OVERLAND
FLOW
See Flood, Overland Flow.
G
P
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123
PARCEL
means the aggregate of the one or more areas of land described in a
certificate of title or described in a certificate of title by reference to a plan
filed or registered in a land titles office. Also see definition for Lot.
G
PARCEL AREA
means the total area of land within the Parcel.
G
124
PARCEL
COVERAGE
means the percentage of the parcel area covered by the area of all buildings
including accessory buildings, and excludes balconies, bay windows, canopies
and sunshades, cornices, eaves and gutters, roof overhangs, fire escapes, sills,
steps, open and enclosed terraces at grade or similar projections.
G
PARCEL LINE
means the boundary of a parcel.
G
PARCEL LINE,
EXTERIOR SIDE
means a parcel line, other than a front parcel line or rear parcel line, which
abuts a public street.
G
PARCEL LINE,
FRONT
means the shortest Parcel Line that abuts a public street, unless otherwise
determined by the Development Authority in accordance with Section 3.2.2.
G
125
PARCEL LINE,
INTERIOR SIDE
means a Parcel Line other than a Rear or Front Parcel Line which is not
common to a Public Street other than a lane, alley, or walkway.
G
PARCEL LINE,
REAR
means the Parcel Line which lies the most opposite to and is not connected to
the Front Parcel Line.
G
PARCEL WIDTH
means the average horizontal distance between two side Parcel Lines.
G
PARCEL,
CORNER
means a parcel having frontage on two more public streets other than a
lane, alley or walkway at their intersection.
G
PARCEL,
REVERSE
CORNER
means a residential corner lot where the front façade of the Dwelling Unit
is oriented towards the longest property line which abuts a road which is
considered the front parcel line. The exterior side parcel line of a reversed
corner lot is the shorter property line which abuts a road.
PARKING AREA
means an open area of land, above or underground, other than a street,
used for the parking of vehicles and shall include parking spaces, ingress,
egress, and maneuvering isles.
G
PARKING AREA,
OFF-STREET
means a parking area located on the same parcel as the building,
structure, or use.
G
PARKING SPACE
means a space within a building or parking area, for the parking of one
vehicle, excluding driveways, aisles, ramps, columns, office and work
areas.
G
PARKING SPACE,
ACCESSIBLE
means a parking space that is accessible for those with mobility needs.
G
PARKING STALL
means a space within a building or parking area, for the parking of one
vehicle, excluding driveways, aisles, and ramps.
G
PARTY WALL
means a wall common to two Dwelling Units joining the abutting units
across a common interior lot line.
G
PASSIVE
OUTDOOR
RECREATION
AREA
means an area with leisure activities that require little to no alteration or
development of a site for public or private enjoyment of the landscape,
natural habitat, or ecosystem. This may include activities such as wildlife
observation, walking, biking, canoeing, picnicking, swimming, and/or
learning of historical cultures and events.
L
PATIO
means a platform, the height of which may be up to but does not exceed
0.6 m from grade, that may or may not be attached to a building.
G
PERMITTED USE
means the use of land or a building which is listed as such use in a Land
Use District or Direct Control District
G
PERSONAL
PROPERTY
means material goods owned, used, and maintained by an individual, or
individuals, and does not include merchandise which was obtained on
consignment.
G
126
PERSONAL
SERVICE
means a building used by a business for providing service to the person,
including but not limited to medical clinic, dental clinic, barber shop or
beauty salon.
L
PET CARE
SERVICE
means a use where domestic pets are cleaned, groomed and cared for,
where no boarding or kenneling of any animals occurs, and may include
the incidental sale of products related to the services provided. This does
not include a Kennel or Veterinary Clinic.
L
PLAYGROUND
means land used for play structures intended for use by children.
L
POST OFFICE
See Government Institution.
L
PRINCIPAL
means the main purpose for which a building or parcel is used.
G
PRODUCTIVE
AGRICULTURAL
LAND
means agricultural land that is presently producing an agricultural crop or has
produced crops in the recent past.
G
PROFESSIONAL
OFFICE
means a facility for the processing manipulation, or application of
business information or professional expertise, and which may or may not
offer services to the public. It does not include fabricating, assembling, or
warehousing of physical products for retail or wholesale, nor does it
include servicing and repair of goods or the sale of goods to the customer
on site.
L
PROPERTY LINE
means the legal boundary of a parcel or lot.
G
PUBLIC OR
QUASI-PUBLIC
BUILDINGS
See Government Institution or Indoor Recreation or Cultural Facility.
L
PUBLIC STREET
means a street, lane, alley, or other thoroughfare intended for vehicular
use.
G
PUBLIC WORKS
See Utility.
L
Q
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QUALIFIED
PROFESSIONAL
means individuals with experience and training in a particular discipline
with a recognized degree, certification, license or registration.
G
R
(Click here to return to Definitions Index)
REAR LOT LINE
See Parcel Line, Rear
G
RECREATION
FACILITY OR
USES
See Indoor Recreation or Cultural Facility and Active Outdoor Recreation
Facility.
L
RECREATIONAL
TRAILS AND
PATHWAYS
See Passive Outdoor Recreation.
L
127
RECREATION
VEHICLE
means a vehicle or a portable structure designed to be carried on a
vehicle providing temporary sleeping accommodation for travel and
recreation purposes. Recreational vehicles include but are not limited to
motor homes, campers, and holiday trailers. Recreational vehicles do not
include Dwelling, Manufactured. Recreational vehicles may be considered
on a seasonal or semi-permanent basis in the districts where it is listed as
a permitted use or discretionary use.
L
RECREATIONAL
VEHICLE
STORAGE
FACILITY
means a use where Recreational Vehicles are kept for long-term storage
when not in use by an occupant, but does not include the sale, service,
rental, or repair of Recreational Vehicles.
L
RECYCLING
DEPOT
means a building or facility in which recyclable materials are collected,
sorted, and then shipped off-site for processing or Manufacturing.
L
REGULATION
means the Matters Related to Subdivision and Development Regulation
AR84/2022, as amended, and any parallel or successor legislation.
G
RESIDENTIAL
USE
means the use of a parcel for the purpose of a residence by a person or
persons and does not include use of the property for commercial
purposes. A residential use is one where the occupants have exclusive use
for an indefinite amount of time except in accordance with a tenancy
agreement under the Residential Tenancies Act or the Mobile Homes Site
Tenancies Act.
G
RESTAURANT
See Eating and Drinking Establishment.
L
RETAIL &
SERVICE,
GENERAL
means a building where:
a) merchandise, other than cannabis products, are offered for
retail sale and stored only in reasonably sufficient quantities to
supply normal retail needs; and/ or
b) is used by a business to provide health or beauty services,
such as a dental office, hair salon.
A Retail & Service, General use does not include permanent outdoor
display areas.
L
RETAIL &
SERVICE, HEAVY
means a use where merchandize, vehicles, and/ or equipment is offered
for retail sales with permanent outdoor display or storage areas, but does
not include an Industrial Storage Yard, Recreational Vehicle Storage
Facility, or Vehicle Sales & Service.
L
REPAIR SHOP
See Farm and Large Equipment Service, Repair and Sales.
L
REVERSE
CORNER
PARCEL/ Lot
See: Parcel, Reverse Corner.
G
ROAD
means any public road, including the boulevards, sidewalks and
improvements, but excluding a lane, highway or private road.
G
S
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128
SCHOOL
See Educational Institution.
L
SCREENING
means a fence, earth berm, or hedge used to visually separate between
parcels, districts or uses.
G
SEED CLEANING
PLANT
See Agricultural Processing Facility.
L
SEED DRYING
PLANT
See Agricultural Processing Facility.
L
SELF-STORAGE
FACILITY
means a building or group of buildings consisting of individual, self-
contained units leased to individuals, organizations, or businesses for self-
service storage of property and goods but does not include an Industrial
Storage Facility, or Recreational Vehicle Storage Facility.
L
SENIORS
RESIDENTIAL
CARE
See Special Care Housing.
L
SERVICE
STATION
means premises used principally for the retail sale of motor fuels,
lubricating oils and motor vehicle accessories and the servicing of
passenger vehicles and light trucks, and may include the auxiliary retail
sale of other products, but shall not include any wholesale sales,
automotive frame repairs, body repairs, or painting, heavy equipment, or
heavy truck repair.
L
SETBACK
means the minimum distance between a building, structure, or use, or
from each of the respective parcel lines, or from a natural boundary or
other reference line.
G
SETBACK,
EXTERIOR SIDE
means the minimum distance between a building, structure, or permitted
use, and the boundary between a highway or public street.
G
SETBACK,
FRONT
means the minimum distance between a building, structure, or permitted
use, and the front parcel line.
G
SETBACK,
INTERIOR SIDE
means the minimum distance between a building, structure, or permitted
use, and the boundary between two lots.
G
SETBACK, REAR
means the minimum distance between a building, structure, or permitted
use, and the rear parcel line.
G
SHADE
PROJECTION
means a structure that is attached to and projects from a building with the
intent of providing shade or cover, and may include a canopy, awning,
shade louvre, or pergola.
SHADOW
FLICKER
means the repetitive moving shadows or reflection cast from the rotor
blades of a Small Wind Energy System as they pass through the sunlight.
G
SHIPPING
CONTAINER
means a prefabricated container designed, constructed, and used for the
transportation of goods by rail, ship, or truck, whether or not it is
intended to continue to be used for this purpose.
L
129
SIGN
means a device or structure for providing direction or providing
information or calling attention to such things as a development, business,
product, service, location, object, event, or person.
L
SIGN, AREA
means the total surface area within the outer periphery of the said sign,
and, in the case of a sign comprised of individual letters or symbols, shall
be calculated as the area of a rectangle enclosing the letters or symbols.
Frames and structural members not bearing advertising matter or shall
not be included in computation of surface area.
G
SIGN CONTENT
means the wording/lettering, message, graphics or content displayed on a
sign.
G
SIGN CONTENT
AREA
means a rectangular area formed by the extreme limits of the sign
content, including graphics related to the specific nature of the sign
content.
G
SIGN HEIGHT
means the vertical distance measured from the highest point of the sign
or Sign structure to grade.
G
SIGN
ILLUMINATION
means the lighting or exposure of a sign to artificial lighting either by
lights on or in the sign or directed toward the sign.
G
SIGN,
TEMPORARY
means any sign designed or intended to be displayed for a short period
of time, including balloon signs, construction signs, political poster signs,
banner signs or any other sign that is not permanently attached to a
supporting structure or building
G
SIMILAR USE
means a use of a site or building in a District which, in accordance with
Section 1.16.6, is so similar to a permitted use or discretionary use in that
District that it meets the intent that District as set out in the purpose and
intent statement but does not include a use that is specifically defined as
a permitted or discretionary use in any other District.
G
PARCEL
COVERAGE
See, parcel coverage.
G
SLOPE
STABILITY
means the stability of a slope, which is a function of the steepness, soil
material, moisture content, ground water condition, slope geometry and
vegetation cover.
G
SMALL WIND
ENERGY SYSTEM
See, Wind Energy System, Small.
L
130
SOLAR ENERGY
SYSTEM -
COMMERCIAL
means any device used to collect sunlight that is part of a system used to
convert radiant energy from the sun into thermal or electrical energy and
is primarily intended to produce energy for off-site consumption and/or
commercial purposes.
L
SOLAR ENERGY
SYSTEM -
MICROGENERATI
ON
means any device used to collect sunlight that is part of a system used to
convert radiant energy from the sun into thermal or electrical energy for
the purpose of meeting all or a portion of the total energy consumption of
the development.
L
SPECIAL CARE
HOUSING
means an institution or residential facility providing care to persons who
require assistance based on age, infirmity, or other mental or physical
condition. Special Care Housing may include ancillary uses that support
residents, such as clinics, guest housing, staff housing, offices, food
services, and health and beauty services.
L
STORAGE
STRUCTURE
See Accessory Buildingand Shipping Container.
L
STORAGE YARD
See Industrial Storage Yard.
L
STOREY
means that portion of a building which is situated between the top of any
floor and the top of the floor next above it, and if there is no floor above
it, that portion between the top of a floor and the ceiling above it.
G
STREET, PUBLIC
See Public Street.
G
STRUCTURE
means any construction fixed to, supported by or sunk into land or water
but does not include fences, retaining walls, concrete, asphalt, brick, tile,
or similar surfaced areas.
G
SUBDIVISION
means the division of a parcel of land by an instrument and "subdivide"
has a corresponding meaning.
G
SUBDIVISION
AUTHORITY
means a Subdivision Authority established as per the Municipal
Government Act.
G
T
(Click here to return to Definitions Index)
TAKE-OFF /
APPROACH
SURFACE
in the case of airports, means 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 1:40 (2.5%) 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.
G
131
TELECOMMUNIC
ATION
STRUCTURE
means a structure designed to support antennas for telecommunications
and broadcasting and may include television, cellular phone, or wireless
internet or radio signals. Telecommunication Structures are regulated by
Industry Canada, however municipal consultation is required, and
considerations respected.
L
TEMPORARY
means a duration up to one year, unless otherwise approved by the
Development Authority, for a specific use or project requirements.
G
TEMPORARY
BUILDING or
STRUCTURE
means a building that does not have its exterior walls supported on
continuous concrete or masonry foundations or walls. A Temporary
Building or Structure may be erected for construction purposes only on a
parcel being developed for a period not to exceed the duration of the
construction.
L
TEMPORARY USE means a proposed development where the intent is to operate the use or
structure for a specified period of time, not to exceed one year unless
otherwise approved by the Development Authority in consideration of a
land use that is temporary but has longer term requirements due to the
specific use or project. Any temporary development permit application
will state a date on which the development will cease.
L
TINY HOME
See Dwelling, Tiny Home.
L
TOE OF SLOPE
means the point at the bottom, or baseline section, of a slope where the
slope ends and is no longer greater than 20%.
G
TOURIST LODGE
FACILITY
means the use of land and/or building(s) to provide a tourist-related
goods or services to short-term overnight registered paying guests (e.g.,
guest ranch, hunting/outfitting lodge). This may include lodging for
guests, and may include related dining facilities, sanitary facilities, retail
component, and/ or ancillary assembly and recreation facilities for the
exclusive use of guests. This definition does not include a Bed & Breakfast
Establishment, Vacation Rental, Hotel/ Motel, Campground, or Active
Outdoor Recreation Facility.
L
TRADE
WORKSHOP
See Manufacturing, Light.
L
TRANSITIONAL
SURFACE
in the case of airports, means 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 1:7 (14.3%) 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.
G
TRUCKING
OPERATION
means the process or business of conveying articles or goods on trucks.
This may include an outdoor storage component for the vehicles but does
not generally include storage capacity for goods or materials.
L
132
U
(Click here to return to Definitions Index)
UN-SUBDIVIDED
QUARTER
SECTION
means a titled area under the land survey system of 64.7 hectares (160
ac) more or less but excluding subdivisions for road widenings, school
sites and other public and quasi-public uses.
G
USE
means the purpose for which any parcel, tract of land, building or
structure is designed, arranged or intended or for which it is occupied or
maintained.
G
UTILITY
means a use where a system or works are provided for treatment, storage
or distribution of one or more of the following:
a) waterworks;
b) sewage disposal;
c) public transportation;
d) irrigation;
e) drainage;
f) fuel;
g) electric power;
h) heat;
i)
waste management (excluding a Waste Transfer Station);
and
j)
communications (excluding a Telecommunication
Structure).
L
V
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VACANT PARCEL means the approval by the Subdivision Authority to subdivide a parcel of
land that does not contain any active use, or any permanent structures or
buildings. For clarity, land used for agricultural purposes compliant with
this Bylaw is not considered to be vacant land (see Extensive Agriculture).
G
VACATION
RENTAL
means a Dwelling Unit that is rented online via a hospitality service
brokerage company that arranges lodging such as AirBnB, VrBo, TurnKey,
HomeAway, etc. A Vacation Rental does not include a Bed & Breakfast
Establishment.
L
VALUE-ADDED
AGRICULTURE
Means the manufacturing, processing or changing the state or form of
agricultural-based products or materials with the resulting increase in
value in comparison to the raw agricultural inputs.
L
VEHICLE SALES
AND SERVICE
means an establishment where a person may purchase a new or used
automobile, truck, motorcycle, or RV (Recreational Vehicle) and/or vehicle
maintenance and servicing.
L
133
VEHICLE,
DERELICT
means any vehicle no longer in road worthy condition, in a state of
disrepair, wrecked or being dismantled but does not include vehicles
stored in buildings, commercial or farm vehicles or vehicles used for
commercial or industrial purposes on land designated for commercial or
industrial use in this Bylaw.
G
VETERINARY
CLINIC, CLASS 1
(SMALL ANIMAL)
means a facility for the medical treatment of small animals and household
pets only and includes provision for their overnight accommodation within
the building only and may include associated office space.
L
VETERINARY
CLINIC, CLASS 2
means a facility for the medical treatment of small or large animals and
includes provision for their overnight accommodation within the building
only and may include associated office space.
L
VIEWPOINTS
means the Bleriot Ferry area and any other location providing visitors with
a stopping point, whether for pedestrian or vehicular traffic, which visually
showcases the area's manmade or natural attractions.
G
VIOLATION TAG
means a tag or similar document issued by the municipality pursuant to
the Act.
G
VIOLATION
TICKET
means a ticket issued pursuant to Part II of the Provincial Offences and
Procedures Act and regulations enacted thereunder.
G
W
(Click here to return to Definitions Index)
WAREHOUSING
AND
DISTRIBUTION
means a use where goods are stored inside a building and transferred to
and from other locations. Warehousing and Distribution does not include
any manufacturing, display or sales of the goods, but may include
associated administrative functions.
L
WASTE
MANAGEMENT
FACILITY
means a use for the temporary or permanent storage of waste products in
accordance with provincial regulations and guidelines.
L
WIND ENERGY
SYSTEM, LARGE
means a use where a wind energy conversion system consisting of a wind
turbine, a tower and associated control or conversion electronics which
has a rated capacity in accordance with the Alberta Utilities Commission
regulations and which is intended to provide electrical power, either on or
off-grid, specifically for resale.
L
WIND ENERGY
SYSTEM, SMALL
means a use where a wind energy conversion system consisting of a wind
turbine, a tower and associated control or conversion electronics which
has a rated capacity in accordance with the Alberta Utilities Commission
regulations and which is intended to primarily provide electrical power for
the on-site consumption requirements, either on or off-grid, and may
provide residual power to the grid but is not intended to produce power
specifically for resale.
L
134
WORK CAMP
means a residential complex used to house employees by various
contracting firms on a temporary basis, and without restricting the
generality of the above, the camp is usually made up of a number of
Manufactured units, clustered in such fashion as to provide sleeping,
eating, recreation, and other basic living facilities. The units may be
dismantled and removed from the site from time to time and may include
accessory uses such as a temporary office, storage yard and other similar
and complementary uses deemed compatible with the surrounding area.
L
WRECKING YARD means land and/or buildings where derelict motor vehicles, tractors,
logging equipment, farm implements, motorcycles, boats and industrial
equipment are disassembled, prepared for disposal, are rebuilt or are
reused as part of a recycling program, and the keeping and/or storing of
salvaged materials where such materials are bought, sold, exchanged,
baled or otherwise processed for further use.
L
X
(Click here to return to Definitions Index)
Y
(Click here to return to Definitions Index)
YARD, FRONT
means the area of a parcel located between the Front Parcel Line and the
Front Building Line.
G
YARD, REAR
means the area of a parcel located between the Rear Parcel Line and the
Rear Building Line.
G
YARD, SIDE
means the area of a parcel located between the Interior or Exterior Side
Parcel Line and the side Building Line. The side Building Line is a line
parallel to the Interior or Exterior Side Parcel Line drawn across the parcel
through the point where a Principal Building on the parcel is closest to
the Interior or Exterior Side Parcel Line.
G
135
YARDS
G
Z
(Click here to return to Definitions Index)
6.1.1
All other words and phrases mean the same as they do in the Act.
7 Land Use Districts Maps
7.1.1
All parcels within Starland County are deemed to be designated under the 'RAG' -
Rural Agricultural General District, unless otherwise listed below or amended in
accordance with the following schedule.
KEY MAP: LAND USE DISTRICTS
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Map Page 1
Map Page 3
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= Main Highway
Hamlets
D Town/ Village
r_ -., Starland County
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, Map Page 5
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Land Use Districts
HR - Hamlet Residential
D HC - Hamlet Commercial
- HI - Hamlet Industrial
Overlay
- RB - Rural Business
E:ZJ AVO - Airport Vacinity Overlay - CR - Country Residential
CZJ AI - Agriculture Intensive
7 RR - Residential Resort
- AD - Airport
---:J RAG - Rural Agriculture General
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4
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Map Page 9
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r --- -- --- "
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r-
lralliser
Regional Municipal Services
SMlt9
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6
6
TWP 33-21
NE 36
NW 36-32-21
Special Areas Board
NE 1
SW 18
SE 14
NW 12
NE 6
NW 7
SE 13
SE 11
NW 1
SW 12
SE 7
SW 7
SE 18
NE 11
SW 13
NW 6
NE 7
NE 2
6
TWP 29-16
TWP 29-17
NE 8
SE 10
SW 10
NW 4
SW 9
NE 3
SE 8
NE 4
SE 15
SE 17
NW 3
NE 5
NE 10
NW 10
SE 16
SW 15
SW 16
NW 9
5
TWP 29-18
SE 18
NW 18
NW 17
NE 18
SW 17
NW 7
NE 7
NW 8
SW 18
4
TWP 29-18
NW 25
NW 26
NW 36
NW 35
SW 35
NE 26
SW 36
NE 35
3
TWP 29-20
DRUMHELLER
NW 7
NE 13
SW 13
NW 17
SW 24
NW 25
NW 26
NE 29
SE
31
SE 32
SW 33
SW 20
SW 35
NW 10
NW 9
NE 19
NE 20
SE 22
NW 24
SE 13
NW 21
NW 14
SE 25
NE 27
SE 17
SE 33
NW 12
SE 18
SE 26
NE 30
SW 30
SW 14
SW 28
NE 7
SE 14
NW 16
SW 21
SE 23
NE 8
NW 13
SW 18
NE 25
NW 30
SW 23
SE 29
NE 26
SE 27
NE 12
NE 18
SE 36
SE 24
NW 8
NE 10
NW 11
NE 15
SW 16
NE 17
NW 19
SW 19
NW 28
SW 31
SW 34
SW 36
SW 26
SW 29
NE 14
NW
18
NE 24
NE 11
SE 20
SE 30
SE 15
NW 20
SW 25
NE 9
NE 22
SW 32
SW 17
SE 19
NW 23
NW 29
SE 34
NE 23
3
2
2
TWP 29-20
Kneehill County
SE 25
SE 24
NW 24
SW 24
SW 30
SE 23
SW 25
NE 23
NE 24
NW 19
SW 19
SE 26
1
1
TWP 29-20
TWP 29-21
Town/ Village
Township
Starland Boundary
RAG - Rural Agriculture General
Land Use Districts
HR - Hamlet Residential
HC - Hamlet Commercial
HI - Hamlet Industrial
RB - Rural Business
CR - Country Residential
RR - Residential Resort
AD - Airport
RAG - Rural Agriculture General
Overlay
AVO - Airport Vacinity Overlay
AI - Agriculture Intensive
Map Page 9
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