This is the exact embedded text of the captured official document.
Snapshot a562832cbfee · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
LAND USE BYLAW
2190-25
Adopted July 22, 2025
Current as of:
Amending Bylaw 2193 - 2025 adopted September 16, 2025
Amending Bylaw 2199 - 2025 adopted January 20, 2026
2190-25
Page 1
Table of Contents
ONE: Enactment and Administration ......................................................................................................................... 6
Section 1:
Title ...................................................................................................................................................... 6
Section 2:
Purpose ............................................................................................................................................... 6
Section 3:
Application ........................................................................................................................................... 6
Section 4:
Effective Date ...................................................................................................................................... 6
Section 5:
Other Legislative Requirements ........................................................................................................... 6
Section 6:
Transition ............................................................................................................................................. 6
TWO: Interpretation ..................................................................................................................................................... 7
Section 7:
Units and Measurement ....................................................................................................................... 7
Section 8:
Rules of Interpretation.......................................................................................................................... 7
Section 9:
Definitions ............................................................................................................................................ 8
THREE: Development Authority ............................................................................................................................... 26
Section 10:
Designated Officer ......................................................................................................................... 26
Section 11:
Municipal Planning Commission .................................................................................................... 26
Section 12:
Subdivision and Development Appeal Board ................................................................................ 26
FOUR: Development Permits .................................................................................................................................... 28
Section 13:
Control of Development ................................................................................................................. 28
Section 14:
Fees .............................................................................................................................................. 28
Section 15:
When a Development Permit is Not Required ............................................................................... 28
Section 16:
Non-Conforming Buildings and Uses ............................................................................................ 29
Section 17:
Application for Development .......................................................................................................... 29
Section 18:
Application for Demolition .............................................................................................................. 31
Section 19:
Decision ......................................................................................................................................... 31
Section 20:
Temporary Permits ........................................................................................................................ 32
Section 21:
Variance Authority ......................................................................................................................... 33
Section 22:
Notice of a proposed Development ............................................................................................... 33
Section 23:
Notice and Validity of Decision ...................................................................................................... 33
Section 24:
Cancellation ................................................................................................................................... 34
Section 25:
Appealing a Decision ..................................................................................................................... 35
Section 26:
The Appeal Process ...................................................................................................................... 35
FIVE: Amending the Bylaw ........................................................................................................................................ 37
Section 27:
Bylaw Amendments ....................................................................................................................... 37
Section 28:
Contents of an Amendment Application ........................................................................................ 37
Section 29:
The Amendment Process .............................................................................................................. 37
2190-25
Page 2
SIX: Contravention and Enforcement....................................................................................................................... 39
Section 30:
Contravention ................................................................................................................................ 39
Section 31:
Stop Order ..................................................................................................................................... 39
Section 32:
Offences and Penalties ................................................................................................................. 39
SEVEN: General Regulations .................................................................................................................................... 41
Section 33:
Applicability ................................................................................................................................... 41
Section 34:
Accessory Buildings and Structures .............................................................................................. 41
Section 35:
Basement Suites ........................................................................................................................... 43
Section 36:
Bed and Breakfast Facility ............................................................................................................. 43
Section 37:
Boarding Facility ............................................................................................................................ 43
Section 38:
Building Design, Character, Orientation and Appearance ............................................................. 44
Section 39:
Cannabis Retail Sales and Production .......................................................................................... 44
Section 40:
Communication Towers ................................................................................................................. 47
Section 41:
Corner/Double Fronting Lot Restrictions ....................................................................................... 48
Section 42:
Data Centre ................................................................................................................................... 49
Section 43:
Decks ............................................................................................................................................ 51
Section 44:
Dwelling Units on a Parcel ............................................................................................................. 51
Section 45:
Easements .................................................................................................................................... 51
Section 46:
Environmental Policy ..................................................................................................................... 52
Section 47:
Farming ......................................................................................................................................... 52
Section 48:
Fencing and Screening .................................................................................................................. 53
Section 49:
Garden Suites ............................................................................................................................... 55
Section 50:
Home Occupations ........................................................................................................................ 56
Section 51:
Landscaping .................................................................................................................................. 57
Section 52:
Laneless Subdivision ..................................................................................................................... 57
Section 53:
Lighting .......................................................................................................................................... 58
Section 54:
Lot Grading, Storm Water Management and Drainage ................................................................. 59
Section 55:
Objects Prohibited or Restricted in Yards ...................................................................................... 59
Section 56:
Permitted Projections .................................................................................................................... 59
Section 57:
Satellite Dish and Amateur Radio Antennas.................................................................................. 63
Section 58:
Solar Energy Infrastructure ............................................................................................................ 64
Section 59:
Stripping, Filling, Excavation and Grading ..................................................................................... 64
Section 60:
Temporary Structures .................................................................................................................... 66
EIGHT: Transportation Facilities .............................................................................................................................. 66
Section 61:
Parking .......................................................................................................................................... 66
2190-25
Page 3
Section 62:
On-Site Loading Requirements ..................................................................................................... 72
Section 63:
Vehicles ......................................................................................................................................... 77
NINE: Signs ................................................................................................................................................................ 77
Section 64:
Sign Regulations Procedures ........................................................................................................ 77
Section 65:
General Provisions ........................................................................................................................ 77
Section 66:
Sign Removal ................................................................................................................................ 78
Section 67:
A-Board Signs ............................................................................................................................... 78
Section 68:
Awning and Canopy Signs ............................................................................................................ 78
Section 69:
Billboards ....................................................................................................................................... 80
Section 70:
Election Signs ................................................................................................................................ 81
Section 71:
Fascia Signs .................................................................................................................................. 81
Section 72:
Freestanding Signs........................................................................................................................ 82
Section 73:
Painted Wall Signs ........................................................................................................................ 83
Section 74:
Portable and Inflatable Signs ......................................................................................................... 85
Section 75:
Projecting Signs............................................................................................................................. 85
Section 76:
Wall Signs ..................................................................................................................................... 86
TEN: Land Use Districts ............................................................................................................................................ 86
Section 77:
Establishment of Land Use Districts .............................................................................................. 86
Section 78:
R1 Residential Low Density District ............................................................................................... 92
Section 79:
R1A Residential Low Density Narrow Lot District .......................................................................... 93
Section 80:
R1B Residential Low Density Large Lot District ............................................................................ 94
Section 81:
R2 Residential General District ..................................................................................................... 96
Section 82:
R2A Residential Mixed District ...................................................................................................... 98
Section 83:
R3 Residential Mobile Home Park District ................................................................................... 101
Section 84:
R3A Residential Mobile Home Subdivision District ..................................................................... 102
Section 85:
R4 Residential Small Holdings District ........................................................................................ 103
Section 86:
DC1 Direct Control Residential District 1 ..................................................................................... 104
Section 87:
DC2 Direct Control Residential District 2 ..................................................................................... 105
Section 88:
C1 Commercial Central District ................................................................................................... 107
Section 89:
C1A Commercial Transitional District .......................................................................................... 109
Section 90:
C2 Commercial Highway District ................................................................................................. 111
Section 91:
C3 Commercial Neighbourhood District ...................................................................................... 112
Section 92:
I Industrial District ........................................................................................................................ 114
Section 93:
DC3 Direct Control Commercial Neighbourhood District ............................................................. 115
Section 94:
P Public Use District .................................................................................................................... 117
2190-25
Page 4
Section 95:
EOS Environmental Open Space District .................................................................................... 118
Section 96:
UR Urban Reserve District .......................................................................................................... 119
Section 97:
DC4 Direct Control Urban Reserve District ................................................................................. 120
Section 98:
OA Overlay Airport District .......................................................................................................... 124
Section 99:
OM Overlay Meadowlands by the Park District ........................................................................... 127
Section 100:
OH Overlay Highway Design Guidelines District ..................................................................... 128
Section 101:
DC5 Direct Control Residential District 3 ................................................................................ 128
Schedule "A": Land Use District Map .................................................................................................................... 130
2190-25
Page 5
List of Figures and Tables
Figure 34-1:
Detached Garages
Figure 39-1:
Cannabis Retail and Production Facility Setbacks
Figure 41-1:
Restrictions on Corner/Double Fronting Lot
Table 47-1:
Animal Units
Figure 48-1:
Constructing a Fence
Figure 56-1:
Permitted Projections - Front and Interior Side Yard Setbacks
Figure 56-2:
Permitted Projections - Rear and Exterior Side Yard Setbacks
Figure 61-1:
Illustration of Parking Standard Dimensions
Table 61-1:
Parking Stall Design Standards
Table 61-2:
Parking Requirements
Figure 63-1:
Sight Triangle at Intersections
Figure 63-2:
Sight Triangle at Road and Rail Intersection
Figure 63-3:
Streets with No Front Driveway Access to Properties
Figure 67-1:
A-Board Sign
Figure 68-1:
Awning and Canopy Signs
Figure 73-1
Painted wall Signs and Projecting Signs
Table 77-1:
Residential Land Uses
Table 77-2:
Commercial and Industrial Land Uses
Figure 98-1:
Height Limitations Map
Figure 98-2:
Noise Exposure Frequency Limitations Map
Schedule "A":
Land Use District Map
2190-25
Page 6
ONE: Enactment and Administration
Section 1:
Title
This Bylaw is entitled the Town of Stettler Land Use Bylaw.
Section 2:
Purpose
The purpose of this Bylaw is to regulate the use and development of land and buildings in the Town of
Stettler pursuant to Part 17 of the Municipal Government Act.
Section 3:
Application
The provisions of this Bylaw apply to all lands and buildings within the boundaries of the Town, pursuant to
Part 17 of the Municipal Government Act.
No person shall commence any development within the Town except in compliance with this Bylaw.
Section 4:
Effective Date
This Bylaw comes into force and takes effect upon the date of its third reading.
Land Use Bylaw 2060-15 as amended is hereby repealed.
Section 5:
Other Legislative Requirements
Compliance with the requirements of this Bylaw does not exempt any person from the requirements of any
statutory plan.
Nothing in this Bylaw exempts a person to obtain a development permit as required by this Bylaw or to
obtain any other permit, license or other authorization required by this or any other Bylaw.
In addition to the requirements of this Bylaw, a person is required to comply with all federal, provincial and
other municipal legislation.
Section 6:
Transition
An application submitted and accepted prior to the approval of this Bylaw shall be considered under the
provisions of Land Use Bylaw 2060-15, as amended.
2190-25
Page 7
TWO: Interpretation
Section 7:
Units and Measurement
All measurements in this Bylaw are metric.
Section 8:
Rules of Interpretation
Words used in the present tense include the other tenses and derivative forms. Words used in the singular
include the plural and vice versa. Words have the same meaning whether they are capitalized or not.
The words shall and must require mandatory compliance except where a variance has been granted
pursuant to the Act or this Bylaw.
Words, phrases, and terms not defined in this part may be given their definition in existing legislation and
regulations, such as the Act or the Alberta Building Code. Other words shall be given their usual and
customary meaning.
Where a regulation involves two or more conditions or provisions connected by the conjunction and means
all the connected items shall apply in combination; or indicates that the connected items may apply singly
or in combination; and and/or indicates the items shall apply singly or in combination.
Metric Conversions to be utilized by the reader are as follows:
1.0 metre = 3.28 feet
1.0 square metre = 10.76 square feet
1 hectare = 2.47 acres
1.0 kilogram = 2.2 lbs.
1.0 cubic metre = 220 gallons
Imperial conversions are provided for the convenience of the reader. For interpretation of the Bylaw, the
metric values indicated in the Bylaw shall prevail.
2190-25
Page 8
Section 9:
Definitions
The following definitions shall be used in this Land Use Bylaw:
"ABANDONED VEHICLE" means the whole or
any part of any motor vehicle that is in a rusted,
wrecked, partly wrecked, dismantled, partly
dismantled or inoperative condition.
"ABATTOIR" means the use of land or buildings
as a facility for the slaughtering of animals and
the processing of meat products. May or may not
include an incinerator.
"ACCESSORY BUILDING" means a building or
structure, which, in the opinion of the
Development Authority, is incidental, subordinate,
and exclusively devoted to the principal use or
building and is located on the same parcel.
Examples include, but are not limited to, garages,
sheds, and carports. An accessory building or
structure does not include extensions that are
physically attached to the principal building.
"ACCESSORY USE" means a use customarily
incidental and subordinate to the main use or
building and is located on the same parcel of land
with such main use or building.
"ACT" means the Municipal Government Act,
2000, and amendments thereto and its
successors.
"ADJACENT" means land that is contiguous to
the lot that is the subject of an application for
subdivision, re-designation or development and
includes land or a portion of land that would be
contiguous if not for a public road, railway,
reserve land, utility right of way, river or stream.
"ADJOINING" means a piece of land that is next
and joined with another, the common property
line creates the adjoining border.
"AGGREGATE STOCKPILING" means the use
of land for the storage of processed aggregates
or other raw materials for future sale.
"AGGREGATE STOCKPILING, TEMPORARY"
means the temporary use of land for the storage
of processed aggregates or other raw materials
for a particular project or contract of road
construction.
"AGGREGATE STORAGE AREA" means the
use of land for the temporary storage of
aggregates for sale or use in the production of
cement or asphalt.
"AIRPORT" means Stettler Airport.
"ANIMAL SERVICES - KENNEL" means a
development for the purpose of boarding animals
for period greater than 24 hours and may include
outside enclosures, pens, runs or exercise areas.
This use includes impounding, quarantining,
breading and shelter facilities and may include
training, grooming and retail sales of associated
products.
"ANIMAL SERVICES - LARGE ANIMAL"
means the treatment, grooming and at times, the
short-term boarding of large animals and may
include retail sales of associated products. This
may include such uses as veterinary clinics, pet
grooming salons, day training facilities but does
not include the sale of animals as a principal use,
pet cremation or other uses as described in
"Animal Services - Kennel".
"ANIMAL SERVICES - SMALL ANIMAL"
means the treatment, grooming and at times, the
short-term boarding of small animals, normally
considered as household pets, and may include
retail sales of associated products. This may
include such uses as veterinary clinics, pet
grooming salons, day training facilities but does
not include the sale of animals as a principal use,
pet cremation or other uses as described in
"Animal Services - Kennel".
2190-25
Page 9
"APARTMENT BUILDING" means a building
with five or more dwelling units and which share
a common entrance, and which does not conform
to the definition of any other residential use. All
dwelling units must adhere to the provisions of
the Alberta Safety Codes Act.
"ASPHALT PLANT, PORTABLE" means a
temporary asphalt processing facility for a
Provincial or Municipal road project.
"ASPHALT PROCESSING AND STORAGE"
means an operation that produces asphalt, or
asphalt products used in building and
construction and includes facilities for the
administration and management of the business,
the stockpiling of bulk materials used in the
production process or a finished product on the
premises and the storage and maintenance of
required equipment.
"ASSISTED LIVING FACILITY" means a
building, or a portion of a building operated for
the purpose of providing live in accommodation
for six or more persons with chronic or declining
conditions requiring professional care or
supervision or ongoing medical care, nursing or
home making services or for persons generally
requiring specialized care. All dwelling units must
adhere to the provisions of the Alberta Safety
Codes Act.
"AUCTION MART" means a development used
for the auctioning and related temporary storage
of goods.
"AUTOBODY AND REPAIR SHOP" means a
use where the primary activity is the repairing
and maintaining of vehicles, including auto body
repair.
"AUTOMOBILE AND RECREATION VEHICLE
SALES AND RENTAL" means a development
used for the retail sale or rental of new or used
automobiles, recreational vehicles, motorcycles,
snowmobiles, tent trailers, boats, travel trailers or
similar light vehicles or crafts, together with
incidental maintenance services and sale of
parts. It includes automobile dealerships, car and
truck rental agencies, and motorcycle
dealerships, but does not include dealerships for
the sale of manufactured homes, trucks, or heavy
equipment with a gross vehicle weighting greater
than 4,000 kg. See "Heavy Truck/Equipment and
Mobile Home Sales, Repair and Rental" for
dealerships of vehicles and equipment over
4,000 kg.
"AUTOMOBILE REPAIR GARAGE" means an
establishment for the repair or replacement of
parts in a motor vehicle but does not offer vehicle
fuels for retail sale. This definition does not
include an auto body shop, an automotive service
station, or a gas bar. Typical uses include, but
are not limited to, engine repair, quick lube
centres and tire repair shops.
"AUTOMOBILE SERVICE STATION" means a
use, building, or part of a building, where vehicle
fuels, lubricants, and accessories are offered for
retail sale and which contains facilities for the
repair and maintenance of vehicles excluding
body work.
"AUTOMOBILE SUPPLY STORE" means a
use, building, or part of a building where
equipment and parts used to repair, service, or
customize motor vehicles are available for retail
sale. This does not include any installations or
repairs.
"AUTO WRECKER" means a use where the
primary activity is the storage and wrecking of
vehicles, usually for parts of scrap metal re-sale.
"BALCONY" means a platform, attached to and
projecting from the face of a building above the
first storey, normally surrounded by a railing and
used as an outdoor porch or sundeck with access
only from within the building.
"BANK/FINANCIAL INSTITUTION" means a
development, use, or building that is primarily for
2190-25
Page 10
the banking or lending of money and other
related services. It includes a trust company,
chartered bank and credit union or Province of
Alberta Treasury Branch.
"BASEMENT" means a storey or storeys of a
building located below the first storey.
"BASEMENT SUITE" means a basement
developed as a dwelling unit within a Single
Family Dwelling and approved by the
Development Authority. All dwelling units must
adhere to the provisions of the Alberta Safety
Codes Act.
"BED AND BREAKFAST FACILITY" means a
dwelling unit in which the occupant rents or
leases a room or a suite of rooms on a temporary
basis to vacationers or tourists, and which may
include the provision of meals as part of and in
addition to the rental paid for the room or a suite
of rooms. This includes Air B&B, VRBO and
similar rentals. This does not include a hotel,
motel, boarding or lodging house, or restaurant,
as defined herein.
"BERM" means a landscaped mound of earth.
"BOARD" means the Town's Subdivision and
Development Appeal Board.
"BOARDING FACILITY" means a building
containing sleeping rooms without cooking
facilities, where lodging and/or meals for persons
is provided for compensation but does not
include a hotel.
"BOTTLED GAS, SALES AND STORAGE"
means a facility where compressed gas is stored
in pressurized portable tanks.
"BUFFER" means an area where development
is restricted to a row of trees, shrubs, fencing, or
other similar means to provide visual screening
and separation between sites, incompatible land
uses, roadways or districts.
"BUILDING" includes anything constructed or
placed on, in, over or under land but does not
include a highway or a public roadway or a bridge
forming part of a highway or public roadway.
"BUILDING DEMOLITION/REMOVAL" means
the pulling down, tearing down/ razing, relocating
and/or removing a Mobile Home, Dwelling, or any
other building, in whole or parts, off of a property.
"BUILDING GRADE" means a ground elevation
established for regulating the number of storeys
and the height of a building. The building grade
shall mean the lowest level of finished ground
elevation adjoining a building at any exterior wall.
"BUILDING HEIGHT" means the vertical
distance between the grade and the highest point
of a building; excluding an elevator housing, a
mechanical skylight, a steeple, a chimney, a
smoke stack, a fire wall, a parapet wall, a
flagpole, tower, leg or similar device on a
building.
"BUILDING SEPARATION" means the minimum
distance between two buildings as regulated by
the Alberta Building Code.
"BULK CHEMICAL STORAGE" means a
development where liquid or solid chemical is
stored, and includes the storage of
dangerous/hazardous substances, as defined by
the Dangerous Goods Transportation and
Handling Act and the Major Industrial Accidents
Council of Canada. The development may
include facilities for cleaning, blending, or
packaging of chemicals, but does not include
manufacture of these products.
"BULK FUEL STATION" means a development
for handling petroleum products in bulk quantities
and includes supplementary tanker vehicle
storage. Key-lock and card-lock pumps and retail
fuel sales may be incorporated as an accessory
use.
2190-25
Page 11
"BYLAW ENFORCEMENT OFFICER" means a
person employed by the Town or authorized
under the contract with the Town to enforce the
provisions of this Bylaw and any other person
designated as such by the Town.
"CAMPGROUND" means any land or part
thereof, which may levy fees for the locating of
tents or recreational vehicles and shall include
any facilities or amenities secondary to the
primary use. Temporary or seasonal storage of
recreation vehicles may be permitted as an
accessory use, at the discretion of the
Development Authority.
"CANNABIS" means cannabis plant, fresh
cannabis, dried cannabis, cannabis oil and
cannabis plant seeds and any other substance
defined as cannabis in the Cannabis Act
(Canada) and its regulations, as amended from
time to time and includes edible products that
contain cannabis.
"CANNABIS ACCESSORY" means cannabis
accessory as defined in the Cannabis Act
(Canada) and its regulations, as amended from
time to time.
"CANNABIS MEDICAL CLINIC/DISPENSARY"
means a clinic or dispensary licensed by the
Federal Government of Canada where Cannabis
and Cannabis Accessories are sold to individuals
for medical purposes.
"CANNABIS PRODUCTION FACILITY" means a
facility used for the production of Cannabis
licensed by the Federal Government of Canada
where Cannabis and Cannabis products are
produced for Medical and/or Retail uses.
"CANNABIS RETAIL SALES" means a retail
store licensed by the Province of Alberta where
Cannabis and Cannabis Accessories are sold to
individuals who attend at the premises for
recreational purposes.
"CARPORT" means a roofed structure used for
storing or parking of not more than two private
vehicles, which has not less than 40% of its total
perimeter open and unobstructed.
"CEMETERY" means a parcel of land used as a
burial ground and is licensed by the appropriate
provincial government departments, and may
include accessory facilities such as crematories,
cinerarium, columbarium, mausoleums, memorial
parks and gardens of remembrance.
"CLINIC" means a building or part of a building
intended for use by any or all of the following:
physicians, dentist, drugless practitioners,
opticians, optometrists, chiropractors, their staff
and patients, for the purpose of consultation,
diagnosis and office treatment.
"CLUB" means a development used for the
assembly of members of charitable, social
service, athletic, business or fraternal
organizations, and may incorporate eating,
drinking, entertainment, sports, recreation and
amusement facilities as accessory uses.
"COMMUNICATION TOWER" means a
structure that is used to convey communication,
radio, or television signals and may include other
structures necessary for carrying out this
function.
"COMMUNITY HALL" means the use of land
and building for community activities and
generally not used for commercial purposes, and
the control of which is vested in the Town of
Stettler, a local board or agent thereof.
"CONCRETE MANUFACTURING/PLANT"
means an operation that produces concrete or
concrete products use in building or construction
and includes facilities for the administration and
management of the business, the stockpiling of
bulk materials used in the production process or
a finished product manufactured on the premise,
and the storage of the materials and equipment
required to manufacture concrete. It may also
2190-25
Page 12
include the manufacture and storage of concrete
products and supplies and maintenance of
required equipment. It does not include the retail
sale of finished concrete.
"CONDOMINIUM UNIT" means:
i. In the case of a building, a space that is
situated within a building and described as
a unit in a condominium plan by reference
to floors, wall and ceilings in a building;
ii. In the case other than that of a building,
land that is situated within a lot described
as a unit of condominium plan by reference
to boundaries governed by monuments
pursuant to the provisions of the Surveys
Act respecting subdivision surveys.
"CONSTRUCT" means to build, reconstruct or
relocate, and without limiting the generality of the
word, also includes:
i. Any preliminary operation such as
excavation, filling or draining;
ii. Altering an existing building or structure by
an addition, enlargement, extension or
other structural change; and
iii. Any work which requires a Building Permit.
"CONSTRUCTION YARD" means the use of
land or buildings for a construction operation
such as building construction, oilfield construction
or other similar type of construction operation.
"CONTRACTING SERVICES, MAJOR" means
a development used for commercial and
industrial service support and construction.
Typical uses include oilfield support services,
laboratories, cleaning and maintenance
contractors, building construction, surveying,
landscaping, concrete, electrical, excavation,
drilling, heating, plumbing, paving, road
construction, sewer or similar services of a
construction nature which require on-site storage
space for materials, mobile equipment or vehicles
normally associated with the contractor service.
Any sales, display, office or technical support
service areas shall be necessary to the principal
general contractor use.
"CONTRACTING SERVICES, MINOR" means a
development used for the provision of electrical,
plumbing, heating, painting, catering other
contractor services and the accessory sales of
goods normally associated with contractor
services where all materials are kept within an
enclosed building, and no fleet storage of more
than four vehicles or pieces of mobile equipment.
"CONVENIENCE FOOD STORE" means a retail
operation that specializes in convenience type
items such as groceries, soft drinks and other
similar goods.
"COUNCIL" means the Council of the Town of
Stettler.
"CREMATORIUM" means a facility fitted with
equipment for the purpose of cremation of human
remains and may include associated facilities for
the preparation of the dead human body for
interment or cremation.
"CROWN LAND" means land of the Crown in
right of Alberta that includes the bed and shores
of all permanent and naturally occurring water
bodies and watercourses.
"DATA CENTRE" means a Building, part of a
Building, or a group of Buildings used to
accommodate computer systems and associated
infrastructure for the processing, storage, or
verification of digital data or digital transactions.
Typical activities include, but are not limited to,
artificial intelligence computing, digital currency
and cryptocurrency processing, blockchain or
non-fungible-token (NFT) transactions, and other
similar high-intensity data-processing functions.
Such Facilities may contain specialized computing
equipment operating on a continuous basis,
require dedicated climate-control systems, and
may include on-site power generation where
provided for in this Bylaw.
2190-25
Page 13
"DAY CARE FACILITY" means a development
licensed by the Province to provide personal
care, maintenance, supervision or education for
seven or more children at one time for more than
three but less than 24 hours in a day. This
includes day care centers, nurseries,
kindergartens, nursery schools, play schools, and
other similar uses.
"DECK" means an unenclosed amenity area or
platform that may be attached to a dwelling and
is intended for the purpose of outdoor dining,
lounging and other similar accessory residential
use.
"DEVELOPMENT" means, as defined by
Section 616 in the Act:
i. An excavation or stockpile and the creation
of either of them;
ii. A building or an addition to or replacement or
repair of a building and the construction or
placing of any of them in, on, over, or under
land;
iii. A change of use of land or a building or an
act done in relation to land or a building that
results in, or is likely to result in, a change in
the use of the land or building;
iv. A change in intensity of use of land or a
building or an act done in relation to land or a
building that results in or is likely to result in a
change in the intensity of use of the land or
building;
"DEVELOPMENT AUTHORITY" means a
development authority established pursuant to
the Act and may include one or more of the
following: a Designated Officer, a municipal
planning commission, an inter-municipal planning
commission, or any other person or organization
that has been authorized to exercise
development powers on behalf of the
municipality.
"DEVELOPMENT OFFICER" means a person
appointed as Development Officer pursuant to
the Land Use Bylaw.
"DEVELOPMENT PERMIT" means a document
pursuant to this Land Use Bylaw.
"DISCRETIONARY USE" means the use of
land, building or structure that is listed in the
columns captioned "Discretionary Uses" in all
districts of this Bylaw, and for which, subject to
the provisions of this Bylaw a development permit
MAY be issued by the development authority
(MPC) after due consideration is given to the
impact of that use upon neighbouring land.
"DISTRICT" means Land Use District.
"DRIVEWAY" means a vehicle access route on
the parcel which provides access to a Public
Roadway.
"DRY CLEANING AND LAUNDRY
DEPOT/PLANT means a building where the
cleaning of clothing is carried on and/or used for
the purpose of receiving articles of clothing to the
cleaned elsewhere.
"DWELLING" means a complete building or self
contained portion of a building used or designed
to be used by a household, containing
independent and separate sleeping, cooking and
sanitary facilities intended as a permanent
residence and having an independent entrance
either directly from the outside of the building or
through a common area inside the building.
"DWELLING, ABOVE GROUND FLOOR
BUSINESS" means a self-contained portion of a
building that is above a ground floor commercial
business used or designed to be used by a
household, containing independent and separate
sleeping, cooking and sanitary facilities intended
as a permanent residence and having an
independent entrance either directly from the
outside of the building or through a common area
inside the building.
"DWELLING, DUPLEX" means a building
containing two dwelling units, either one above
2190-25
Page 14
the other or side by side, each of which has an
independent entrance, either directly from outside
the building or through a common vestibule. All
dwelling units must adhere to the provisions of
the Alberta Safety Codes Act.
"DWELLING, FOURPLEX" means a building
containing four dwelling units each with direct
access to the outside grade, but not all the units
are required to have separate frontage onto a
public or private road. Units may have common
side and rear walls and may also be separated
by a common ceiling/floor assembly. This shall
not mean row house dwelling or duplex dwelling.
All dwelling units must adhere to the provisions of
the Alberta Safety Codes Act.
"DWELLING, ROW HOUSE" means a building
on a lot or lots that consist of at least three
dwelling units with each unit having direct access
to the outside grade, but shall not mean
"apartment" or "four-plex". Units are attached at
the side walls, each having frontage onto a public
or private condominium road. A row house
dwelling unit may be located on a separate lot if
the lot is registered after construction of the row
house dwelling.
"DWELLING, SINGLE DETACHED" means a
residential building containing one dwelling unit
intended as a permanent residence. Single
detached dwellings must be of new construction
and feature the following criteria:
i. Shall include single detached dwellings
constructed off-site;
ii. All exterior walls of the floor area must be
dimensioned at less than or equal to 3:1
length to width ratio; and
iii. All roof pitches must be a minimum of 3:12
ratio (3 feet of rise for 12 feet of run).
All dwelling units must adhere to the provisions of
the Alberta Safety Codes Act.
"DWELLING, TRIPLEX" means a building
containing three dwelling units each with direct
access to the outside grade, but not all units may
have separate frontage onto a public or private
road. Units may have common side and rear
walls and may also be separated by a common
ceiling/floor assembly. All dwelling units must
adhere to the provisions of the Alberta Safety
Codes Act.
"EAVELINE" means the horizontal line that
marks farthest projection of the roof overhang
beyond the wall of the building.
"ENVIRONMENTAL AUDIT" means a
comprehensive site analysis to determine:
i. If there are any hazardous substances
above, on or below the surface of the subject
property that may pose a threat to the
environment and/or health of humans, wildlife
and/or vegetation;
ii. If there are any breaches of federal,
provincial, and/or municipal environmental
standards;
iii. The level of risk that a contaminated site
poses to the environment and/or health of
humans, wildlife, and/or vegetation; and
iv. What remedial actions may be required to
reduce the level of risk posed by a
contaminated site to an acceptable level.
"ENVIRONMENTAL IMPACT ASSESSMENT"
means a comprehensive site analysis to
determine:
i. The potential impact of the proposed
development on the site;
ii. The potential environmental impact of the
proposed development upon adjacent
properties or land uses; and
iii. The potential environmental impact of the
proposed development upon the future land
use potential of the property.
"FAÇADE" means the principal face of the
building on the shortest side of the lot abutting
the street or avenue.
"FARMING" means the raising or production of
crops, or animals, and includes a single
residence for the farmer, but does not include a
2190-25
Page 15
"Confined Feeding Operation" as defined by the
Natural Resources Conservation Board.
"FARM SUPPLY STORE" means
establishments which sell their products to the
farm industry, and general public.
"FEED MILLS, GRAIN, AND/OR FERTILIZER
ELEVATORS" mean buildings in which animal
feeds, grain, and/or fertilizers are stored during
shipment to or from farms and in which
agricultural products may be prepared or sold.
"FENCE" means a vertical physical barrier
constructed to prevent visual intrusions,
unauthorized access, or to provide sound
abatement.
"FLOOD FRINGE" means the land along the
edges of the flood hazard area that would likely
experience relatively shallow water (less than
one metre deep) during a flood event, with lower
velocities (less than 1m/s), as determined by an
elevation set by Alberta Environment and
Sustainable Resource Development. The flood
fringe is identified through a flood hazard
identification study in accordance with the Flood
Hazard Identification Program Guideline
published by the Department of Environment and
Sustainable Resource Development (ESRD).
"FLOOD PROOFING" means the rendering safe
from damage arising from a one in one hundred
year return flood, as determined by Alberta
Environment and Sustainable Resource
Development, through all or any of the following
means;
i. The raising of the level of land to a minimum
of 0.3 metres above the flood level; or
ii. The construction and use of buildings with
the lowest water entry point 0.3 metres
above that flood level; or
iii. Any other such means as may be considered
appropriate by the Development Authority in
consultation with Alberta Environment and
Sustainable Resource Development.
"FLOODWAY" means the land adjacent to a
lake, river or stream inundated by a one in one
hundred year return flood as determined by an
elevation set by Alberta Environment and
Sustainable Resource Development. The
floodway is identified through a flood hazard
identification study in accordance with the Flood
Hazard Identification Program Guideline
published by the Department of Environment and
Sustainable Resource Development (ESRD).
"FLOOR AREA" means the total floor area of
every room and passageway contained in a
building but not including the floor areas of
basements, attached garages, open porches,
patios, open decks, verandas or breezeways.
"FLORIST SHOP" means a retail store devoted
to the sale of flowers, indoor plants and
arrangements thereof.
"FOOD AND/OR BEVERAGE SERVICE
FACILITY" means a building or portion thereof,
in which food and/or beverages are prepared to
be sold for consumption on the premises or for
take-out, and without limiting the generality of the
foregoing, may include such facilities as
restaurants, drive-in/thru food establishments,
taverns, bars, cocktail lounges and catering
services. These uses are subject to passing
Alberta Health Inspections as well as obtaining
appropriate licensing for Alberta Gaming, Liquor
and Cannabis.
"FUNERAL HOME" means a place where
funerals are held and/or the deceased are kept
until they are released for burial or cremation. At
the discretion of the Development Authority, a
"Crematorium" may be permitted as an accessory
use.
"GAMING OR GAMBLING ESTABLISHMENT"
means a building or structure, or any portion
thereof, which is used or intended for use for the
purpose of dealing, operating, maintaining or
conducting any game played with cards, dice, or
2190-25
Page 16
any mechanical device for money, property or
item of value.
"GARAGE" means an accessory building or
portion thereof which is designed and used for
the storage, parking, or the maintenance of
personal vehicles.
"GARDEN SUITE" means a portable, self-
contained dwelling without a basement used as a
temporary additional dwelling for sole occupancy
by dependent or partly dependent parents,
grandparents or handicapped adult children of
the occupants of the primary dwelling on the
same parcel. It may include a "Park Model" which
meets the size requirements of this land use
bylaw.
"GAS BAR" means a retail outlet that is limited
to the sale of gasoline and related automotive
products and may include a "Convenience Food
Store".
"GOLF COURSE" means a golf playing area
and accessory buildings and uses related to the
playing of the game of golf and without restricting
the generality of the foregoing includes pro shop,
club house, restaurant, licensed dining area or
lounge, driving range, parking lot and picnic area.
"GROUP CARE FACILITY" means a facility
which provides residential accommodation for up
to six persons, most or all of which are
handicapped, aged, disabled, or in need of adult
assistance and who are provided service or
supervision, excluding foster homes. All dwelling
units must adhere to the provisions of the Alberta
Safety Codes Act.
"HANDICRAFT BUSINESS" means the
production and selling of handicrafts on a
commercial basis.
"HARD LANDSCAPING" means the use of non-
vegetative material, other than concrete, asphalt
or gravel, as a part of the landscaped area.
"HEAVY TRUCK/EQUIPMENT AND MOBILE
HOME SALES, REPAIR AND RENTAL" means
a development used for the retail sale, repair, or
rental of new or used trucks exceeding 4,000 kg,
recreational vehicles and trailers, and mobile
homes together with incidental maintenance
services and the sale of parts and accessories.
"HOME OCCUPATION" means any occupation,
trade, profession or craft carried on by an
occupant of a residential building as a use
secondary to the residential use of the building.
"HOTEL" means a building designed for the
accommodation of the traveling and vacationing
public containing guestrooms served by a
common entrance as well as general kitchen and
dining or other public rooms.
"INDUSTRY - HAZARDOUS" means an
industry that by reason of emissions, noise or the
manufacturing process or storage of goods and
materials create a situation which is offensive or
hazardous to human health, safety and well
being. These industries must be located in
isolation from concentrations of population. If
allowed in Stettler, they must be approved within
a Direct Control District.
"INDUSTRY/MANUFACTURING - LARGE
SCALE" means an industry engaged in any or all
of the following activities; the assembly,
processing, manufacture, cleaning, testing,
repairing, storage or distribution of raw materials
into a new product and which is not defined
elsewhere in the Bylaw. The industry may exhibit
most or all of the following characteristics:
i. Requires a large parcel of land;
ii. Involves the development of either large
buildings or structures;
iii. Requires large areas of open space;
iv. Emits noise which is audible beyond the
parcel boundary;
v. Involve the emission of smoke, dust, flying
ash, or other particulate matter;
vi. May emit an odour or gas;
2190-25
Page 17
vii. Involve the use of toxic gases or substances
in the manufacture process;
viii. Produce heat beyond the parcel boundary;
ix. Store goods or products which may be
hazardous or offensive; and
x. Produce waste materials that may be
hazardous or offensive.
"INDUSTRY/MANUFACTURING - SMALL
SCALE" means an industry engaged in the
assembly, processing, manufacture, cleaning,
testing, repairing, storage or distribution of
various materials into a new product. The
industry may exhibit most or all of the following
characteristics:
i. Can be developed on smaller parcels of land;
ii. Is suitable for industrial parks;
iii. Most of the activities are confined to the
building;
iv. Does not require large areas for outdoor
storage; and
v. Does not produce emissions which are
obnoxious or hazardous.
"INDUSTRY - PETROCHEMICAL" means a
facility or industry that processes or refines gas,
oil, or any other petrochemical product from its
raw state into a more refined state suitable for
transport to market.
"INTERNAL SUBDIVISION ROAD" means a
public roadway, excluding a primary highway,
secondary highway, or municipal road,
constructed solely for access, egress, and
internal circulation within a commercial, industrial
or residential development.
"LABORATORY" means the use of a building,
or part of a building, used for scientific, medical
and/or dental testing, experimentation and/or
research.
"LAGOON" means any pond, natural or artificial,
receiving raw or partially treated sewage or
waste, in which stabilization occurs due to
sunlight, air and micro-organisms.
"LANDFILL OPERATION" means, for the
purposes of this Bylaw, a waste sorting site, a
waste transfer station, a modified sanitary landfill,
hazardous waste management facility or dry
waste site.
"LANDING" means a platform extending
horizontally from a building solely used to access
or egress an entry door which provides direct
access to grade or stairs.
"LANDSCAPED AREA" means an open area of
land, which is:
i. Unoccupied by any building or structure;
ii. Situated on ground level on a lot;
iii. Used or intended to be used for the growth
and maintenance of grass, flowers, shrubs,
bushes, trees and other vegetation, and for
the provision of other landscaping features
including, but not restricted to, planting strips,
facilities for outdoor recreation, ornamental
ponds, play areas, surfaced walks, and
patios.
"LANDSCAPING" means to preserve or change
the natural features of a site by adding lawns,
trees, shrubs, ornamental plantings, ornamental
ponds, fencing, walks or other structure and
materials as used in landscape architecture.
"LANE" means a public right of way not
exceeding 10.0 metres (32.3 feet) in width which
provides secondary access to a lot and which is
registered at the Land Titles Office.
"LAUNDROMAT" means a self-serve clothes-
washing establishment containing one or more
washing and drying, ironing, finishing or other
incidental equipment.
"LEGAL NON CONFORMING BUILDING"
means a building:
i. That was 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 became
effective; and
2190-25
Page 18
ii. That on the date the new land use bylaw
becomes effective does not, or when
constructed will not, comply with the land use
bylaw, unless a variance has been approved
by the Town of Stettler's Municipal Planning
Commission.
"LEGAL NON CONFORMING USE" means a
lawful specific use:
i. Being made of land or building or intended to
be made of a building lawfully under
construction at the date a land use bylaw
affecting the land or building became
effective; and
ii. That on the date the new land use bylaw
becomes effective does not comply with the
land use bylaw, unless a variance has been
approved by the Town of Stettler's Municipal
Planning Commission.
"LIGHT EQUIPMENT REPAIR/RENTAL" means
a development, use or building for the rental
and/or repair of tools, appliances, recreational
craft, office machines, furniture, home
appliances, or similar items, but does not include
the rental or repair of motor vehicles or industrial
equipment.
"LIVESTOCK AUCTION MART" means a facility
where agricultural related items including
livestock are sold.
"LOT" as defined under Part 17 of the Municipal
Government Act, means:
i. A quarter section;
ii. A river lot shown on an official plan, as
defined in the Surveys Act that is filed or
lodged in a land titles office;
iii. A settlement lot shown on an official plan, as
defined in the Surveys Act that is filed or
lodged in a land titles office;
iv. A part of a parcel described in a certificate of
title if the boundaries of the part are
described in the certificate of title other than
by reference to a legal subdivision; and
v. Part of a parcel of land described in a
certificate of title if the boundaries of the part
are described in the certificate of title by
reference to a plan of subdivision.
"LOT AREA" means the area contained within
the boundaries of a lot shown on a plan of
subdivision or described in the Certificate of Title.
"LOT - CORNER" means a lot at the
intersection of two public roadways.
"LOT DEPTH" means the length of a straight line
joining the middle of the front lot line with the
middle of the rear lot line. If there is no rear lot
line, lot depth shall be measured from the middle
of the front lot line to the intersection of the two
other lot lines.
"LOT LINE" means a legally defined limit of any
lot.
"METAL FREIGHT/CARGO STORAGE
CONTAINER" means a portable metal container
use to transport or store goods and materials.
Commonly known as a Marine Cargo Container,
Sea Can and/or ISO Container.
"MINIMUM STANDARDS" means those
minimum standards relating to lot area, floor
area, yards, landscaping design, character and
appearance of buildings, etc. for the permitted
uses of land or buildings or the discretionary uses
of land or buildings, or both, listed in this Bylaw
and, where these are not specified, as
determined by the Municipal Planning
Commission.
"MOBILE HOME" means a residential unit that
may be constructed with a heavy transport
chassis that allows for permanent or temporary
attachment of a hitch and wheel assembly to
enable the relocation of the dwelling. A mobile
home may be a single structure (single-wide) or
two parts which are put together to comprise a
complete dwelling (double-wide). Mobile Homes
shall feature the following criteria:
2190-25
Page 19
i. Minimum roof pitch of 5 cm (2 inches) of
vertical rise for every 30.5 cm (12 inches) of
run; and
ii. A minimum floor area length to width ratio of
3:1.
A mobile home does not include a single
detached dwelling.
"MOBILE HOME PARK" means a parcel
comprehensively designed, developed, operated
and maintained to provide sites and facilities for
the placement and occupancy of mobile homes
on either a short or a long-term basis.
"MOBILE HOME SUBDIVISION" means
privately owned parcels of land for the purpose of
locating mobile homes on a permanent basis.
"MOTEL" means a building or a group of
buildings designed for the accommodation of the
traveling or vacationing public containing
guestrooms.
"MOTOR VEHICLE" means a vehicle propelled
by any power other than muscular power or a
moped.
"MUNICIPALITY" means the Town of Stettler.
"MUNICIPAL ROAD" means a public roadway
subject to the direction, control and management
of the Town but not including an internal
subdivision road.
"MUNICIPAL SHOP AND STORAGE YARD"
means a facility used by the municipality for the
storage of materials used in fulfilling its various
functions and the housing and repair of its
equipment.
"MUSEUM" means a use of a building, or part of
a building for the preservation and presentation
of works of art, or cultural, historical, or scientific
objects and information and open to the
recreation and education of the public.
"NEIGHBOURHOOD CONVENIENCE STORE"
means a commercial establishment with off-street
parking established on the same site which
serves the convenience shopping needs of the
immediate neighbourhood only.
"NOISE EXPOSURE PROJECTION AREA"
means an area of land near the airport in which
the effects of the airport's operation on noise
levels and safety is the same for all intents and
purposes. See "Airport Overlay District".
"NURSING HOME" means an institution or a
distinct part of an institution which is licensed and
approved to provide health care and social
support for 24 or more consecutive hours for 2 or
more patients who require such care on a daily
basis and who are not related to the governing
authority or its members by marriage, blood or
adoption.
"OFFICE BUILDING" means a facility providing
for the administration of business or government,
or the provision of professional services.
"OILFIELD SUPPORT SERVICES" means a
development that provides cleaning, servicing,
repairing or testing of materials, goods and
equipment normally associated with the oil and
gas industry and may include the storage of
shipping of such materials, goods and
equipment, including petrochemical products and
supplies, providing such storage does not exceed
5,000 cubic metres (1,100,000 imperial gallons)
for all organic or inorganic chemicals and 10,000
cubic metres (2,200,000 imperial gallons) for all
petroleum products and that such storage is in
accordance with all applicable provincial and
federal statutes. This definition applies to oil and
gas industry support operations and includes, but
is not limited to, seismic and surveying, well
servicing, oilfield haulers, pipeline contractors
and welding operations.
"OPEN OR OUTDOOR STORAGE AREA"
means an area of land used for outdoor storage
purposes.
2190-25
Page 20
"OTHER RELATED IMPROVEMENTS" means
utilities (power, gas, well or septic system) and/or
mature shelterbelts.
"OUTDOOR DISPLAY" means land that is used
to show, exhibit or make visible products, good,
or equipment for the purpose of sale or
promotion.
"PARCEL" means the aggregate of one or more
areas of land described in a title or described in a
certificate of title by reference to a plan filed in a
land titles office.
"PARK" means a development of public land
specifically designed or reserved for the general
public for active or passive recreational use and
includes all natural and manmade landscaping,
facilities, playing fields, buildings and other
structures that are consistent with the general
purposes of public parkland, whether or not such
recreational facilities are publicly operated or
operated by other organizations pursuant to
arrangements with the public authority owning
the park. Typical uses include tot lots, band
shells, picnic grounds, pedestrian trails,
landscaped buffers, playgrounds and water
features.
"PARK MODEL" means a recreation vehicle
conforming to CAN-CSA Series Z241.
"PARKING FACILITY" means an area of land
providing for the parking of motor vehicles. When
identified as a specific use in a land use district,
this use is contemplated as an exclusive use of a
land parcel. Otherwise, parking lots are to be
developed in association with other permitted and
discretionary uses and in accordance with the
regulations found in Part 8 of this Bylaw.
"PARKING STALL" means that portion of a
parking lot that accommodates a parked vehicle.
"PATHWAY" means a pedestrian walkway in the
form of asphalt or gravel constructed trail system.
"PERMITTED USE" means the use of land or of
a building that is listed in the column captioned
"Permitted Uses" in Land Use Districts appearing
in this Bylaw.
"PERSONAL SERVICE SHOP" means a use of
a building or part of a building in which services
are provided and administered to the individual
and personal needs of persons, and without
limiting the generality of the foregoing, includes a
barber shop, hairdressing establishment,
beautician, beauty parlor, tattoo shop, shoe
repair and shoe shining shop, formal rental shop
and tailor shop. The sale of merchandise shall be
permitted as an accessory use to the personal
service provided.
"PETROLEUM FACILITY" means petroleum
infrastructure such as oil and gas pipelines, well
battery, compressor station, and metering station.
"PHARMACY" means a retail store that
dispenses prescription drugs and sells, among
other things, non-prescription medicines, health
and beauty products, and associated sundry
items.
"PLANTING STRIP" means a landscaped area
located immediately adjacent to a lot line or
portion thereof, on which is situated one or more
of the following screening devices:
i. A continuous row of trees;
ii. A continuous hedgerow of evergreens or
shrubs;
iii. A berm;
iv. A wall;
v. An opaque fence; and
vi. Arranged in a way as to form a dense or
opaque screen.
"POINT OF SALE ADVERTISING" means
material, which relates to the name of the
occupier or firm, the nature of the business
conducted and/or goods produced, and/or the
main product sold on the premises to which an
advertisement is attached.
2190-25
Page 21
"PRIMARY HIGHWAY" means a highway or
proposed highway designated as a primary
highway under the Highway Traffic Act.
"PROPANE TRANSFER FACILITY" means a
facility at a fixed location having not more than
one storage container and such container shall
not have an aggregate propane storage capacity
in excess of 50,000 litres.
"PUBLIC ASSEMBLY" means a development
including any meeting halls used for spiritual
worship and related religious, charitable,
educational or social activities, but does not
include a school. It may include a minister's
residence, manse, parsonage, or rectory,
provided it is accessory to the principal use. It
also means church or place of worship.
"PUBLIC ROADWAY" means a highway, local
road, service road, street, avenue or lane which
is registered as a public right of way in a land
titles office.
"PUBLIC USE" means a building, structure or lot
used for public services by the Town or County
except sanitary landfill sites and sewage lagoons,
or by any local board or agency of the Town, or
by any department, commission or agency of the
Province of Alberta or Government of Canada.
"RAILWAY USE" means a use of land or a
building directly related to the building or
operation of a railroad system.
"REAL PROPERTY REPORT" means a legal
document prepared by an Alberta Land Surveyor
that illustrates the location of all relevant visible
public and private improvements relative to
property boundaries. It is in the form of a plan or
illustration of the various physical features of the
property including a written statement detailing
the surveyors opinions or concerns. It is relied
upon by the municipality as an accurate
representation of the improvements to property.
"RECREATION FACILITY" means a
development that provides facilities for sports and
active recreation. Typical facilities would include
athletic clubs, bicycle/pedestrian trails, billiard of
pool halls, bowling alleys, driving ranges, golf
courses, health and fitness clubs, dance studios,
curling, indoor golf facilities, indoor soccer
facilities, roller-skating and hockey rinks, rifle and
pistol ranges, sports fields, tennis courts and
swimming pools. The intended application is for
both private and public facilities.
"RECREATION VEHICLE" means a portable
structure designed and built to be carried on a
vehicle or to be transported on its own wheels
and which is intended to provide temporary living
accommodation for travel and recreation
purposes. It does not need any special license or
permit to travel on the public road systems other
than a usual trailer or vehicle license, and without
limiting the generality of the foregoing, includes
such vehicles as a motor home, a camper, a
travel trailer or a tent trailer. It does not include a
portable industrial trailer, mobile home,
manufactured home, or any vehicle or trailer over
eight feet in width while being transported.
"RECREATIONAL AMUSEMENT PARK"
means a commercial recreation facility with or
without permanent buildings or structures where
rides, games of chance, entertainment,
exhibitions, and the sale of food, beverages, toys
and souvenirs constitute the main use.
"RECYCLING DEPOT" means a building or land
in which used material is separated and
processed prior to shipment for repeated use or
to others who will use those materials to
manufacture new products, and may include the
handling of hazardous materials.
"REGISTERED OWNER" means
i. In the case of land owned by the Crown in
right of Alberta or the Crown in right of
Canada, the Minister of the Crown having the
administration of the land; or
ii. In the case of other land,
2190-25
Page 22
iii. The purchaser of the fee simple estate in the
land under an agreement for sale that is the
subject of a caveat registered against the
certificate of title in the land and any
assignee of the purchasers interest that is
the subject of a caveat registered against the
certificate of title; or
iv. In the absence of a person described above,
the person registered under the Land Titles
Act as the owner of the fee simple estate in
the land.
"RESEARCH FACILITY" means a building or
portion thereof, or group of buildings in which
facilities for scientific research, investigation, and
testing are located.
"RETAINING WALL" means a structure that is
designed to restrain earth and water to a slope it
would not naturally keep.
"RETAIL STORE" means a development used
for the retail sale of consumer goods, from within
an enclosed building and/or an outdoor facility.
"RETIREMENT HOME" means a place of
residence for persons in or entering retirement
where an independent lifestyle is maintained with
little to no assistance required and that may
include additional services such as but not limited
to entertainment rooms, kitchens, libraries, and
administrative offices.
"SALVAGE YARD" means land or buildings
where motor vehicles, tires and parts are
disassembled, repaired, stored, resold or
recycled.
"SCHOOL" means a facility of instruction that is
regulated under the Public or Separate School
Board system. This does not include
Trade/Commercial School.
"SEED CLEANING PLANT" means a building
used for the storage and preparation of seed
used in agriculture.
"SERVICE ROAD" means a public roadway
running parallel to Highway 12 and/or 56 which is
registered as a public right of way in a land titles
office.
"SERVICED" means that approved development
uses municipal water and sewer services,
including treatment, where such services have
been installed and are operating in accordance
with municipal requirements. Serviced shall also
mean those private utilities as deemed necessary
by the development authority.
"SETBACK" means the minimum horizontal
distance required between a property line of a lot
and the nearest part of any building, structure,
development, excavation or use on the lot.
"SHOPPING CENTRE" means one or more
buildings, or part thereof, containing a group of
separate permitted (or approved discretionary)
commercial uses which is maintained as a single
comprehensive unit and located on a single lot,
such lot being held and maintained under one
ownership or under condominium ownership.
"SIGHT TRIANGLE" means an area at the
intersection of roadways or roadways and
railways in which all buildings, fences, vegetation
and finished ground elevations shall be less than
one (1) metre (3.3 feet) in height above the
average elevation of the road/lane/rail, in order
that vehicle operators may see approaching
vehicles in time to avoid collision.
"SIGN" means an object, structure or device
used for the purpose of identification or
advertising or to call attention to any person,
matter, thing or event or to give direction.
"SIGN - AWNING" means a sign attached to a
non-retractable structure completely enclosed
overhead, which is intended to be used for
business identification and protection against the
weather.
2190-25
Page 23
"SIGN - BILLBOARD" means a sign structure
designed and intended to provide a leasable
advertising copy area. The copy area can be
periodically replaced, typically by the use of pre-
printed copy pasted or otherwise mounted onto
the copy area.
"SIGN - FASCIA" means a sign placed flat and
parallel to the face of the building so that no part
projects more than 0.3 m from the building.
"SIGN - FREESTANDING" means a sign on a
standard or column permanently attached to the
ground and which is not connected in any way to
any building or other structure.
"SIGN - PAINTED WALL MURAL" means a
scene or picture located upon an exterior wall
surface of a building, but does not include the
roof.
"SIGN - PAINTED WALL SIGN" means a sign,
advertising a business or product, which is
located upon any exterior wall surface of a
building, but does not include the roof.
"SIGN - PORTABLE" means any sign or
advertising device that can be carried or
transported from one site to another, which does
not rely on a building or a fixed concrete
foundation for its structural support and includes
signs, temporary signs, inflatable signs, or
devices or banners, whether tethered to a
building or not, vehicles placed in a location for
advertising purposes, but does not include an A-
Board or real estate sign or signage permanently
attached and forming part of motor vehicles use
in the day to day conduct of business.
"SIGN - PROJECTING" means a sign which
projects from a structure or a building face.
"SIMILAR USE" means a development that is in
the opinion of the Municipal Planning
Commission, similar to either a listed permitted or
discretionary use within a Land Use District.
"SITE" means a parcel, lot or group of lots used
for or proposed to be used for the undertaking of
a development.
"SITE COVERAGE" means that percentage of
lot area which is covered by all buildings on that
lot, including a porch, veranda, covered deck and
accessory buildings, but excluding patios.
"SOCIAL CARE FACILITY" means:
i. Places of care for persons who are aged or
who require special care;
ii. A hostel or other establishment operated to
provide accommodation and maintenance for
unemployed or indigent persons.
"SOLAR ENERGY INFRASTUCTURE" means
infrastructure designed to convert solar radiation
into electrical or thermal energy.
"STORAGE - INDOOR" means a self-contained
building or group of buildings available for the
storage of goods. This use includes mini-storage,
private storage facilities, and warehouse.
"STORAGE - OUTDOOR" means a site or a
portion of a site designed for the storage of
goods, materials and/or equipment, or the display
and sale of goods and materials, including
vehicles for hire and sale, located outside
permanent buildings or structures on the site.
This use includes lumber storage and lumber
yard.
"STUDIO" means a use of a building or part of a
building in which an artist, photographer, sculptor
can work to create a project. At the discretion of
the Development Authority and/or Municipal
Planning Commission this may also include a
place where music or sound recordings can be
made or that is used for the production of film.
"STRUCTURE" means anything constructed or
erected, the use of which requires location on the
ground or attachment to something located on
the ground not including pavement, curbs, walks,
open air surfaces and movable vehicles.
2190-25
Page 24
"SUBDIVISION" means the division of a parcel
of land into one or more smaller parcels by a plan
of subdivision or other instrument.
"SUBDIVISION AUTHORITY" as established
pursuant the Act, means that person(s) or body
defined by the Subdivision Authority Bylaw of the
Town of Stettler.
"TANKER TRUCK WASHING FACILITY"
means a commercial building for cleaning and
inspecting the tanks of tanker trucks.
"TAXI/BUS DEPOT" means a use, site or
building used as a dispatch office for taxis,
limousines or buses and may include an area,
site or location intended for the parking of taxis,
limousines or buses or for loading and unloading
of passengers.
"TEMPORARY" for the purpose of this Bylaw
means such time limit as set by the Development
Authority.
"TEMPORARY MOBILE COMMERCIAL
SALES" means the sale of goods from a vehicle
or stand for a period not exceeding 180 days per
year in the Central Commercial and Highway
Commercial Districts.
"TEMPORARY STRUCTURE" means a
structure without any foundation or footings, and
which is removed when the designated time,
activity or use for which the temporary structure
was erected has ceased.
"THEATRE" means a building, or part thereof,
used for the presentation of performing arts.
"THEATRE - MOVIE" means a building, or part
thereof, used for the showing or viewing of
motion pictures for a fee.
"TOP SOIL" means that depth of soil containing
the major portion of organic matter, generally the
depth that the land is tilled.
"TRADE/COMMERCIAL SCHOOL" means a
building, structure or land that provides for
technical instruction to students for profit.
"TRAILER" means a vehicle so designed that it
may be attached or drawn by a motor vehicle and
intended to transport property, persons or
animals.
"TRANSPORT/TRUCK OPERATION" means a
development involving the storing, parking,
servicing and dispatching of trucks. This use may
also involve the transfer of goods primarily
involving loading and unloading of freight carrying
trucks.
"TRUCK DEPOT" means any building, or land or
portion thereof, in which or upon a business,
service or industry involving the maintenance,
servicing, storage or repair of commercial
vehicles and/or transport trailers is conducted or
rendered. This includes the dispensing of motor
fuel or petroleum products directly into motor
vehicles, the sale of accessories or equipment for
trucks and similar commercial vehicles.
"TRUCK STOP" means a use that contains a
"Convenience Food Store", "Food and/or
Beverage Service Facility", "Gas Bar", "Truck
Depot", and "Automotive Service Station" or
combination thereof in order to cater both to the
traveling public and commercial truck traffic.
"UNDERGROUND WASTE STORAGE TANKS"
means tanks used for the temporary storage of
wastewater, sludge and solids.
"UNDERSIZED LOT" means a lot that does not
meet the minimum length, width or area
requirements or combination thereof of the
district in which it is located.
"URBAN RESERVE" means lands presently
within the Town, which are intended for future
development in order to accommodate the
2190-25
Page 25
Town's long-term industrial, commercial or
residential land requirements.
"USE" means the functioning activities therein or
thereon a building or an area of land.
"UTILITIES" means the right of way and/or use
of the land or buildings for one or more of the
following:
i. Telecommunication systems;
ii. Waterworks systems;
iii. Irrigation systems;
iv. Systems for the distribution of gas;
v. Systems for the distribution of electric
power;
vi. Storm water management systems;
vii. Heating systems; and
viii. Sewage systems.
"UTILITY BUILDING" or "UTILITY USE" means
a building or land, or portion thereof, as defined
in the Act in which the proprietor of the public
utility maintains its office or offices and/or
maintains or houses any equipment used in
connection with any public utility building.
"VEHICLE WASH" means a use, building or
structure where facilities are specifically used or
intended to be used for washing vehicles either
by production line methods employing
mechanical devices or by hand.
"WATER BODY" means:
i. The bed and shore of a lake, lagoon, swamp,
marsh, or any other natural body of water; or
ii. Reservoir or other man-made surface
feature, whether it contains water
continuously or intermittently.
"WATERCOURSE" means:
i. The bed and shore of a river, stream, creek
or other natural body of water, or
ii. A canal ditch or other man-made surface
feature whether it contains water
continuously or intermittently.
"YARD" means a part of a lot upon or over which
no building or structure other than a boundary
fence is erected, except for specifically permitted
accessory buildings.
"YARD - FRONT" means a yard extending
across the full width of a lot and situated between
the front lot line and the nearest exterior wall of
the principal building. The minimum front yard
depth is the shortest horizontal distance
permitted between the front lot line of such lot
and the nearest part of the principal building.
"YARD - REAR" means a yard extending across
the full width of a lot and situated between the
rear lot line and the nearest exterior wall of the
principal building. The minimum rear yard is the
shortest horizontal distance permitted between
the rear lot line of such lot and the situated
between the side lot line and the nearest exterior
wall of the principal building.
"YARD - SIDE" means the yard extending from
the front yard to the rear yard between the side
boundary of the parcel and the nearest exterior
wall of the principal building.
"ZERO LOT LINE PLACEMENT" means the
placement of a building on a lot in such a manner
that the building abuts one or more of the lot lines
of the lot.
2190-25
Page 26
THREE: Development Authority
Section 10:
Designated Officer
10.1
The office of designated officer is hereby established and such office shall be filled by a person or
persons to be appointed by resolution of Council.
10.2
The Designated Officer shall keep and maintain for the inspection of the public during all
reasonable hours, a copy of this Bylaw and all amendments thereto, and keep a register of all
applications for development and subsequent decisions.
10.3
For the purposes of this Bylaw the Designated Officer serving as the Development Authority shall
be titled as "Development Officer".
Section 11:
Municipal Planning Commission
11.1
The Municipal Planning Commission established by Bylaw No. 1587 shall perform such duties as
specified in Part 4 of this Bylaw as well as the Municipal Government Act, Subdivision and
Development Regulation.
Section 12:
Subdivision and Development Appeal Board
12.1
The Subdivision and Development Appeal Board (SDAB) established by Council shall perform
such duties as are specified in the Act.
12.2
At the appeal hearing the SDAB shall hear all those persons that it is required to hear under the
Act.
12.3
At the hearing of the appeal, should the SDAB desire legal or technical opinions, it may adjourn the
hearing pending receipt of such information, opinions or other assistance. The Subdivision and
Development Appeal Board is established by this Bylaw.
12.4
The Chairperson shall be responsible with respect to all things required to be carried out by the
Board under the Act to see that they are carried out in accordance with the provisions of the Act,
and;
12.5
Is empowered to rule that evidence presented is irrelevant to the matter in issue and to direct the
members to disregard the evidence;
12.6
May limit a submission if he determines it repetitious; and
12.7
When a hearing is adjourned, but the time and place for the continuation of the hearing is not fixed,
shall announce that notice of continuation of the meeting will be sent to those persons leaving their
name and address with the Secretary. Thereafter, only those persons leaving their name and
address shall be entitled to notice of the continuation of the hearing.
2190-25
Page 27
12.8
After hearing all submissions, the SDAB may deliberate and reach its decision in private. In arriving
at a decision the majority vote of those members present shall constitute the decision of the SDAB.
If the vote results in a tie, the appeal is lost.
12.9
The Secretary or Chairperson may make a verbal announcement of the SDAB's decision at the
conclusion of the hearing of an appeal, but the verbal decision is neither final or binding on the
SDAB, and no rights are conferred upon any party by the SDAB's verbal decision until written
notice of the decision has been given in accordance with the Act.
12.10 The SDAB shall give its decision and reasons in accordance with the Act to the applicant, the
appellant, and those affected persons who gave their name and address to the Secretary during
the hearing.
12.10.1 The Secretary shall, under the direction of the SDAB:
(a)
Notify members of the meetings of the SDAB;
(b)
Keep available for public inspection before the commencement of the public
hearing all relevant documents and materials respecting an appeal under the Act,
including the application for the development permit or subdivision, and the appeal
therefore, or the order of a Development Officer under Section 645 of the Act, as
the case may be;
(c)
Make and keep a written record of the proceedings of the SDAB which shall
include: a summary of the evidence presented at the hearing; the decision of the
development approving authority; the notice of Appeal and Hearing of the Appeal;
the SDAB's decision, including reasons, for each appeal.
(d)
Keep a list of names and addresses of persons who leave their names and
addresses with the Secretary; and
(e)
Keep a record of all business coming before the SDAB and after the adoption of
the minutes of each meeting of the SDAB, transmit a copy of the minutes to
Council.
2190-25
Page 28
FOUR: Development Permits
Section 13:
Control of Development
13.1
No development other than that designated in Section 15 shall be undertaken within the
Municipality unless an application for it has been approved and a development permit has been
issued.
Section 14:
Fees
14.1
The fees to be charged by the Town on all applications and other matters arising under this Bylaw
are set forth via Town policy. Council may at anytime by resolution revise any fee or any other
matter arising under this Bylaw.
Section 15:
When a Development Permit is Not Required
15.1
A Development Permit is not required for the following developments provided that the proposed
development complies with all applicable regulations of this Bylaw:
15.1.1
Altering, maintaining or repairing any building, provided that the work does not include
structural alterations or does not result in an increase in the number of dwelling units;
15.1.2
The completion of any development which has lawfully commenced before the passage
of the Land Use Bylaw or any amendment thereof, provided that the development is
completed in accordance with the terms of any permit granted in respect of it, and
provided that it has commenced within 12 months of the date of commencement;
15.1.3
The use of any such development as is referred to in subsection (15.1.2) for the purpose
for which the development was commenced;
15.1.4
The construction or maintenance of gates, fences, walls or other means of enclosure
less than 1.22 m (4 ft.) in height in front yards and less than 2.0 m (6.56 FT.) in height in
side and rear yards, except where corner lot restrictions apply;
15.1.5
The temporary erection, installation or use of machinery, structures or buildings such as
a construction trailer, that is incidental to the erection or alteration of a permanent
development for which a permit has been issued under this Bylaw. This does not include
a real estate sales office, show home or similar facility;
15.1.6
The temporary use of a parcel not exceeding six months per year for the sole purpose of
mobile commercial sales, providing a business license is obtained from the municipality
and the location of the business is to the satisfaction of the Development Officer;
15.1.7
The maintenance and repair of public works, services or utilities carried out by or on
behalf of federal, provincial or municipal authorities;
15.1.8
Development specified in Section 618 of the Municipal Government Act;
15.1.9
Any development carried out by or on behalf of the municipality provided that such
development complies with all applicable provisions of this Land Use Bylaw;
15.1.10 The construction or installation of an accessory building that does not exceed 9.5 m2 in
area and 2.5 m in height, provided that the structure is portable and not fixed on a
permanent foundation or concrete pad;
2190-25
Page 29
15.1.11 The construction of an unenclosed deck that does not exceed 15 m² in area and does
not exceed 0.76 m in height;
15.1.12 Any development carried out by or on behalf of the Crown but not including that carried
out by or on behalf of a Crown Corporation;
15.1.13 The erection of an on-site sign offering for sale, lease or rent any land or building
pursuant to the regulations contained in this Bylaw;
15.1.14 The erection of one unilluminated sign for non-residential uses of the following nature
and size for use within a building or on a parcel, provided such signs do not resemble
traffic signs: a facia sign for the purpose of identification, direction and warning not
exceeding 0.2 m²; a facia sign relating to a person, partnership or company carrying on a
profession, business or trade not exceeding 0.3 m²; and a facia or freestanding sign
relating to a religious, educational, cultural, recreational or similar institution, or to an
apartment not exceeding 1.0 m²;
15.1.15 Demolition of buildings with a floor area less than 56 square metres;
15.1.16 Erection of flagpoles not exceeding 7.5 m in height from grade in any District;
15.1.17 Erection of communication tower and/or antenna not exceeding 4.5 m in height from
grade in any District;
15.1.18 Landscaping where the proposed grades will not adversely affect the subject or adjacent
properties, except where a Development Permit allows for such landscaping;
15.1.19 The installation of a satellite dish antenna less than 1.0 m in diameter, if it is attached to
an existing structure in a Residential District; and
15.1.20 Stripping, site grading or excavation that is part of a development for which a
Development Permit has been issued;
15.1.21 For the growth/cultivation of personal use cannabis plants not exceeding 4 plants per
dwelling and the growth/cultivation of such must be contained indoors
Section 16:
Non-Conforming Buildings and Uses
16.1
Developments which are considered to be a non-conforming building or use shall be dealt with as
provided for under the Municipal Government Act.
Section 17:
Application for Development
17.1
A Development Permit application shall be made to the Development Officer on the prescribed
form and shall be signed by the applicant or his agent.
17.2
Each application for a development permit shall be accompanied by a fee as established by
Section 14 of this Bylaw.
17.3
In addition to the completed application form, the following may be required:
17.3.1
Duplicate site plans at a scale of 1:100, unless otherwise acceptable to the Development
Officer, showing:
(a)
North Arrow;
(b)
Scale of plan;
(c)
Legal descriptions of property;
2190-25
Page 30
(d)
Municipal address;
(e)
Lot lines shown with dimensions;
(f)
Proposed front, side and rear yards shown with dimensions;
(g)
Location of existing and proposed municipal and private local improvements,
principal building and other structures including accessory build, garages,
carports, parking spaces, fences, driveways, paved areas, exterior lighting and
major landscaped areas including buffering and screening areas where provided;
(h)
The grades of adjacent streets, lanes and sewer servicing the property;
(i)
Development density, site coverage calculations, height by metres and number of
storeys according to the definitions of this Bylaw;
(j)
Dimension layout of existing and proposed parking areas, entrances and exists
abutting roads shown and labelled;
(k)
Site topography, drainage patterns, grade and special conditions; and
(l)
Location of all registered utility easements and right of way.
17.3.2
A copy of the Certificate of Title indicating ownership; and
17.3.3
A signed consent form allowing right of entry on the property by the Development Office.
17.4
In addition, the Development Office may also require any of the following:
17.4.1
Photographic prints or slides showing the site in its existing state;
17.4.2
A Plan of Survey prepared by an Alberta Land Surveyor showing the site to be
developed;
17.4.3
A geotechnical or floodplain study prepared by a qualified engineer recognized by
APEGGA if in the opinion of the Development Officer the site is potentially hazardous or
unstable;
17.4.4
A reclamation plan for aggregate extraction or other major surface disturbance;
17.4.5
A Phase 1 Environmental Site Assessment, conducted according to Canadian Standards
Association (CSA) guidelines, to determine potential contamination and mitigation;
17.4.6
An Environmental Impact Review prepared by a qualified professional if the proposed
development may, in the opinion of the Development Officer, result in potentially
significant environmental effects;
17.4.7
Detailed studies regarding the potential impact and approach to dealing with traffic,
utilities and storm drainage prepared by a qualified engineer or engineering technologist
recognized by APEGGA;
17.4.8
Elevations of any signs proposed for the development;
17.4.9
A letter of security and/or performance bond for the cost of construction of certain
elements of the development such as municipal infrastructure (servicing, access
construction, road work and etc.) and on site infrastructure (pavement, curb, drainage,
landscaping and etc.) to ensure satisfactory completion of the development; and
17.4.10 Such other information that is deemed necessary by the Development Officer and/or
Municipal Planning Commission.
17.5
The Development Officer may deal with an application without all of the required information if, in
the opinion of the Development Officer, a decision can be properly made on the application without
that information.
2190-25
Page 31
Section 18:
Application for Demolition
18.1
Notwithstanding Section 15 and in addition to the requirements of Section 15, an application for a
development permit for the demolition of a non-residential building shall include the following
information:
18.1.1
The purpose for the building demolition and the type of structure to replace the
demolished building;
18.1.2
A work schedule of the demolition and site cleanup;
18.1.3
The destination of debris materials; and
18.1.4
The length of time before the site is to be redeveloped and the treatment of the site after
demolition is completed prior to development.
18.1.5
Verification that all services have been deactivated and properly removed prior to
demolition including removal of the Towns water meter.
Section 19:
Decision
19.1
The Development Officer and/or Municipal Planning Commission may issue a development permit
with any condition deemed necessary to ensure that the development complies with the Municipal
Government Act, this bylaw and any or all statutory plans.
19.2
In making a decision on a Development Permit application for a Permitted Use, the Development
Officer:
19.2.1
Shall approve, with or without conditions, the application if the proposed development
conforms with this Bylaw; and
19.2.2
May require security from the applicant to secure performance of any of the conditions of
a development permit; and
19.2.3
May require as a condition of issuing the development permit, that the applicant enter
into an agreement with Council to construct or pay for the construction of public
roadways, pedestrian walkways, parking and loading facilities, and any off-site levy or
redevelopment levy imposed by Bylaw. To ensure compliance with the conditions in the
agreement, the Town may register a caveat against the said lands in favour of the Town;
or
19.2.4
Refer to the Municipal Planning Commission those applications for development
specified in the list of permitted uses, but which in the opinion of the Development
Officer, should be directed to the Municipal Planning Commission; or
19.2.5
Shall refuse the application if the proposed development does not conform to this Bylaw.
19.3
In making a decision on a Development Permit application for a Discretionary Use, the Municipal
Planning Commission:
19.3.1
May approve the application if it meets the requirements of this Bylaw, with or without
conditions, based on the merits of the application including any approved statutory plan
or approved policy affecting the site; or,
19.3.2
May refuse the application even though it meets the requirements of this Bylaw; or,
2190-25
Page 32
19.3.3
Shall refuse the application if the proposed development does not conform to this Bylaw.
19.4
In reviewing a development permit application for a Discretionary Use, the Municipal Planning
Commission shall have regard to:
19.4.1
The circumstances and merits of the application, including but not limited to:
(a) The impact on properties in the vicinity of such nuisance factors as smoke,
airborne emissions, odours and noise;
(b) The design, character and appearance of the proposed development and in
particular whether it is compatible with the surrounding properties; and,
(c) The servicing requirements for the proposed development.
(d) The purpose and intent of any statutory plan adopted by the Town; and,
(e) The purpose and intent of any non-statutory plan or pertinent policy adopted by
the Town.
19.5
Notwithstanding any provisions or requirements of this Bylaw, the Municipal Planning Commission
may establish a more stringent standard for a Discretionary Use when the Municipal Planning
Commission deems it necessary to do so.
19.6
The Municipal Planning Commission shall refuse a development permit for a use or development
that is not listed as a Permitted or Discretionary Use.
19.7
Only one development permit application shall be allowed for any one use on a site at any one
time.
19.8
An application for a development permit shall be deemed to be refused when a decision is not
made by the Development authority within forty (40) days after receipt of the application by the
Development Officer, unless an agreement to extend the forty (40) day period is established
between the applicant(s) and the Development Officer and/or Municipal Planning Commission.
Section 20:
Temporary Permits
20.1
A development permit may be issued on a temporary basis and the Development Officer and/or
Municipal Planning Commission may specify the length of time that the permit remains in effect.
20.2
Where a temporary permit is issued, the Development Officer and/or Municipal Planning
Commission shall:
20.2.1
Require that the use be stopped or the temporary development removed once the permit
expires;
20.2.2
Impose a condition that the Town is not liable for any costs incurred in removing the
development.
20.3
The Development Officer and/or Municipal Planning Commission may require that the applicant
enter into an agreement with the Town guaranteeing the removal of the temporary development
when the intended use is changed or discontinued. The agreement may require the applicant to
post a security guaranteeing the removal of the development.
2190-25
Page 33
20.4
Upon expiry of a temporary development permit, a new application is required. Such application
shall be considered as a first application and the Development Officer and/or Municipal Planning
Commission is not obliged to approve it on the basis that a previous permit was issued.
Section 21:
Variance Authority
21.1
The Municipal Planning Commission may allow a variance of any standard prescribed in this bylaw
provided the variance complies with the requirements of the Alberta Building Code, and the
variance does not:
21.1.1
Unduly affect the neighbourhood which includes variances for non-conforming buildings.
21.1.2
Materially interfere with or affect the use, enjoyment or value of neighbouring parcels of
land, and
21.1.3
The proposed development conforms to the use prescribed for the land in this bylaw.
21.2
In considering a variance the Municipal Planning Commission shall:
21.2.1
Not grant a variance which would infringe the Airport zoning regulations; and
21.2.2
Not grant a variance which would infringe the floodway/flood fringe regulations; and
21.2.3
Have regard to the purpose and intent of the district and the nature and value of
developments on adjacent properties.
21.3
Pursuant to section 21.1 and 21.2 the Development Officer may allow a variance of any minimum
and maximum development standard in this Bylaw less than 10% of the stated standard.
21.4
If a variance is granted, the Development Authority shall specify its nature in the development
permit approval.
Section 22:
Notice of a proposed Development
22.1
The Development Officer may refer a development permit application to any Town department and
to any external agency for comment, advice, and further information.
22.2
On receipt of a complete application for a development permit for a development listed as a
Discretionary Use or a development permit that requires a Variance, the Development Officer may
send a written notice to adjacent property owners indicating the location and nature of the
proposed development, and ask for comment.
22.3
After 30 days from the date of referral to any Town department or any external agency, the
Development Officer and/or Municipal Planning Commission may deal with the application whether
or not comments have been provided.
Section 23:
Notice and Validity of Decision
2190-25
Page 34
23.1
A decision of the Development Officer and/or Municipal Planning Commission on an application for
a development permit shall be given in writing and sent by regular mail to the applicant, unless
otherwise agreed upon to be sent through e-mail.
23.2
Where a development permit application is refused, the reason(s) for the refusal shall be stated in
the decision letter.
23.3
When a development permit is approved for a discretionary use or a permitted use with a variance,
the Development Officer shall publicize a notice of decision as per the Town of Stettler Advertising
Bylaw
23.4
The Development Officer may but is not required to publicize a notice of decision for a
development permit approved as a permitted use with no variance.
23.5
A permit coming into effect will fall under the following processes:
23.5.1
A permit approved as a discretionary use or a permitted use with a variance, does not
come into effect until 21 days after the date the approval is published/posted
23.5.2
A permit approved as a permitted use will come into effect on the same date as the date
of decision.
23.5.3
If an appeal is lodged with the SDAB, no development shall be commenced until the
appeal is finally determined and the issuance of the development permit is upheld.
23.6
A person applying for a development permit may appeal the decision of the Development Officer to
the Subdivision and Development Appeal Board by filing written notice of appeal within 21 days
after the date of decision was given.
23.7
If the development authorized by a permit is not commenced within twelve (12) months from the
date of its issue, or carried out with reasonable diligence, the permit is deemed to be void, unless
an extension to this period has previously been granted by the Development authority. The
maximum extension period shall be one year.
23.8
If an application for a development permit has been refused, by the Development Officer, Municipal
Planning Commission or by a decision of the Subdivision and Development Appeal Board, another
application for a permit may not be submitted on the same property, for the same or similar use of
the land, by the same or any other applicant, for six (6) months after the date of the previous
refusal or appeal decision, unless in the opinion of the Development Officer / Municipal Planning
Commission the reasons for refusal have been adequately addressed or the circumstances of the
application have changed significantly.
Section 24:
Cancellation
24.1
The Municipal Planning Commission and/or Development Officer may cancel a development
permit if: the permit was issued in error; or the permit was issued on the basis of incorrect
information.
2190-25
Page 35
Section 25:
Appealing a Decision
25.1
The applicant for a development permit may appeal to the Board if the Development Officer and/or
Municipal Planning Commission:
25.1.1
Refuses or fails to make a decision on a development permit within 40 days of receipt of
a completed application; or
25.1.2
Issues a development permit subject to conditions.
25.2
In addition to the applicant, any person affected by a development permit approved as a
discretionary use or a permitted use with a variance, or the decision on it, may appeal to the Board.
25.3
Notwithstanding 25.1 and 25.2 no appeal lies in respect of the issuance of a development permit
for a Permitted Use unless the provisions of this Bylaw are relaxed, varied, or misinterpreted.
25.4
An appeal by an applicant must be commenced within 21 days of the notification of the decision or
when the 40 day period or any time extension expires. An appeal by any other affected person
must be made within 21 days of the notice of the issuance of the permit was given.
25.5
A decision on a development application within a Direct Control District may be appealed only if the
Development Officer and/or Municipal Planning Commission did not follow the directions of
Council. If the Board finds that the Development Officer and/or Municipal Planning Commission did
not follow Council's directions, it may, in accordance with Council's directions, substitute its
decision for that of the Development Officer and/or Municipal Planning Commission.
Section 26:
The Appeal Process
26.1
The Subdivision and Development Appeal Board shall consider and make decisions on appeals
pursuant to the provisions of the Municipal Government Act.
26.2
If a notice of appeal of a decision on a development permit application is served on the Secretary
of the Subdivision and Development Appeal Board, the permit shall not be effective until:
26.2.1
The decision to approve the permit is upheld by the Subdivision and Development
Appeal Board; or,
26.2.2
The Secretary of the Subdivision and Development Appeal Board receives written notice
from the appellant withdrawing the appeal.
26.3
If a decision to approve a development permit is reversed by the Board, the development permit
shall be null and void.
26.4
If a decision to refuse a development permit application is reversed by the Board, the Board shall
direct the Development Officer to issue a development permit in accordance with its decision.
26.5
If a decision to approve a development permit application is varied by the Board, the Board shall
direct the Development Officer to issue a development permit in accordance with its decision.
2190-25
Page 36
26.6
The decision of the Board is binding except on a question of jurisdiction or law, in which case the
appellant may appeal to the Court of Appeal as provided in the Act.
2190-25
Page 37
FIVE: Amending the Bylaw
Section 27:
Bylaw Amendments
27.1
Town Council may amend this Bylaw pursuant to the provisions of the Municipal Government Act.
27.2
Any person may apply to amend this Bylaw pursuant to the provisions of the Municipal
Government Act and the requirements of the Land Use Bylaw.
Section 28:
Contents of an Amendment Application
28.1
An application to amend this Bylaw shall be made to the Town on the prescribed form, and shall be
signed by the applicant or his agent authorized in writing. The following information and documents
will accompany the application:
28.1.1
A written statement of the reason for the request to amend the Bylaw including a
statement describing the implications of the amendment;
28.1.2
The required application fee.
28.1.3
If the amendment involves the rezoning of land to a different land use district, the
following is also required:
(a) A copy of the current Certificate of Title for the lands affected, or any other
documentation satisfactory to the Development Authority verifying that the
applicant has a legal interest in the land;
(b) If the applicant is an agent of the landowner, a letter from the landowner verifying
the agent's authority to make the application;
(c) Permission for right of entry by the Development Officer or a designated officer of
the Town; and
(d) A properly dimensioned map indicating the affected site and its relationship to
existing land uses on adjacent properties;
28.1.4
Such additional information as the Development Officer may require to properly evaluate
and to make recommendations to Council concerning the proposed amendment.
28.2
Council may require, prior to considering a proposed amendment to this Bylaw, that a developer
prepare an Area Structure Plan in accordance with the Municipal Government Act or an Outline
Plan in accordance with the Municipal Development Plan.
Section 29:
The Amendment Process
29.1
The amendment application may be referred by the Development Officer to:
29.2
In accordance with the Municipal Government Act, and after the date for a public hearing has been
set by Council, a notice of the application shall be published once a week for two consecutive
weeks in a newspaper circulating in the Town. This notice shall contain:
29.2.1
The legal description of the land;
2190-25
Page 38
29.2.2
The purpose of the proposed amendment;
29.2.3
The one or more places where a copy of the proposed amendment may be inspected by
the public during reasonable hours;
29.2.4
The date, place, and time that Council will hold a public hearing on the proposed
amendment;
29.2.5
An outline of the procedures to be followed by anyone wishing to be heard at the public
hearing; and
29.2.6
An outline of the procedures by which the public hearing will be conducted.
29.3
If the amendment involves the rezoning of land to a different land use district, a notice shall also be
communicated in writing to the owner(s) of the subject land, and to all adjacent landowners.
29.4
Council, after considering: any representations made at the public hearing; and the Municipal
Development Plan, and any area structure plan or area redevelopment plan affecting the
application and the provisions of this Bylaw; may make such changes as it considers necessary to
the proposed amendment, if any, and proceed to pass the proposed amendment, or defeat the
proposed amendment.
29.5
Where an application for an amendment has been refused by Council, the Town shall refuse to
accept another application on the same land for the same or similar purpose until six (6) months
have passed from the date of such refusal.
29.6
If deemed necessary, the Town may initiate an amendment to this Bylaw without the landowner's
consent.
2190-25
Page 39
SIX: Contravention and Enforcement
Section 30:
Contravention
30.1
No person shall contravene this Bylaw by commencing or undertaking a development, use, or sign
that is not permitted under this Bylaw.
30.2
No person shall authorize or do any development that is at variance with the description,
specifications or plans that were the basis for issuing a development permit under this Bylaw.
30.3
No person shall contravene a condition of a permit issued under this Bylaw.
30.4
A Bylaw Enforcement Officer or the Development Officer may enforce the provisions of this Bylaw,
the Municipal Government Act and its regulations, the conditions of a development permit or
subdivision approval.
Section 31:
Stop Order
31.1
If the Development Officer finds that a development, land use or use of a building is not in
accordance with the Act, this Bylaw, a development permit or subdivision approval, the
Development Officer and/or Bylaw Enforcement Officer may issue a written Stop Order to the
owner, the person in possession of the land or building, or other person responsible for the
contravention, or all or any of them to:
31.1.1
Stop the development or use of the land or building in whole or part as directed by the
notice;
31.1.2
Demolish, remove or replace the development; or
31.1.3
Carry out any other actions required by the notice so that the development or use of the
land or building complies with the Municipal Government Act or this Bylaw, a
development permit or a subdivision approval within the time set out in the notice.
31.2
A person may appeal a Stop Order to the Subdivision and Development Appeal Board.
31.3
If a person fails or refuses to comply with a Stop Order, the Town may, in accordance with Section
542 of the Municipal Government Act, enter upon the land or building and take such action as is
necessary to carry out the order.
31.4
The Town may register a caveat with respect to the Stop Order in the Land Titles Office.
Section 32:
Offences and Penalties
32.1
A person who contravenes or fails to comply with any provision of this Bylaw is guilty of an offence
and is liable upon summary conviction to a fine of not less than $250.00 and not more than
$10,000.00.
2190-25
Page 40
32.2
Where a Bylaw Enforcement Officer reasonably believes that a person has contravened any
provision of this Bylaw, the Bylaw Enforcement Officer may, in addition to any other remedy at law,
serve upon the person a violation ticket, in the form provided under the Provincial Offences
Procedures Act, allowing payment of the specified penalty for the particular offence, and the
recording of such payment by the Provincial Court of Alberta shall constitute acceptance of a guilty
plea and the imposition of a fine in the amount of the specified penalty.
32.3
This section shall not prevent any Bylaw Enforcement Officer from issuing a violation ticket
requiring a court appearance of the defendant, pursuant to the provisions of the Provincial
Offences Procedures Act.
32.4
A Bylaw Enforcement Officer who believes on reasonable grounds that a sign is not authorized
pursuant to the Bylaw may remove and impound the sign:
32.4.1
In the case of a sign for which a permit is issued, after 7 days notice to the sign permit
holder, delivered to the address shown on the sign permit; or
32.4.2
In the case of a sign for which no permit has been issued, without prior notice to any
person.
32.5
Notwithstanding Section 32.4, Bylaw Enforcement Officer may not remove a sign which is located
in or upon or which is affixed to a building without either the consent of the owner of the building,
the consent of the owner of the sign or a court order.
32.6
Following the impounding and removal of a sign, the Development Officer and/or Bylaw
Enforcement Officer shall cause a notice to be sent to the owner of the sign (if known) or to the
owner of the premises from which the sign is removed, advising of the removal. The owner of the
sign may secure its release from impound upon payment in full of all applicable impounding and
storage charges and fines.
32.7
An impounded sign which has not been redeemed within 60 days of the date of service of notice
may be disposed of by the Town without further notice to any person and without any liability to
compensate the owner of the sign.
2190-25
Page 41
SEVEN: General Regulations
Section 33:
Applicability
33.1
This Part shall apply to all Land Use Districts under this Bylaw.
Section 34:
Accessory Buildings and Structures
34.1
General Conditions:
34.1.1
All Accessory Buildings must meet the provisions of the Alberta Safety Codes Act.
34.1.2
Where an accessory building is attached to the principal building on a parcel by a roof or
other means said building is to be considered part of the principal building and not as an
accessory building and shall, therefore, adhere to the setback requirements for the
principal buildings as specified in the land use districts.
34.1.3
An accessory building or structure on a corner lot or double fronting lot, in any District,
shall be subject to the front yard requirements for the lot as determined by Section 41 of
this Bylaw, and the Land Use District in which the lot is situated.
34.1.4
Accessory buildings shall not be used as dwellings,
34.1.5
No accessory building or any portion thereof shall be erected or placed within the front
yard of a parcel
34.1.6
Accessory buildings shall reflect the design of the principal building on the parcel by
incorporating similar exterior cladding colours and materials.
34.2
Residential Districts:
34.2.1
Accessory buildings and structures include garages, carports, shed, storage buildings,
covered patios or covered balconies, permanently installed private swimming pools and
hot tubs, garden suites and other accessory structures such as television and radio
antennas, poles, satellite dishes and towers.
34.2.2
An accessory building shall not exceed 6.5 m, or the height of the principal dwelling,
whichever is less. In mobile home districts an accessory building must not exceed 4.5 m
in height.
34.2.3
In no case shall the floor area or combined floor area of accessory buildings on a
property exceed the main floor area of the principal dwelling.
34.2.4
In no case shall the floor area or combined floor area of accessory buildings and
principal dwelling result in the site coverage of the parcel exceeding the requirements of
the District.
34.2.5
There shall be no more than two accessory buildings per site.
34.2.6
Accessory Buildings shall sit no closer than 0.6 m to the side and rear property line
(plumb line of the eaves is not less than 0.3 m (except where an agreement exists
between the owners of adjoining properties to build their garages centered on the
property line, in which case a fire wall shall be constructed to the standards of the
Alberta Safety Codes Act, and regulations pursuant thereto, and any amendments made
from time to time).
2190-25
Page 42
34.2.7
Accessory Buildings shall not sit closer than 2.0 m to the principal dwelling.
34.3
Siting of Detached Garages:
34.3.1
A garage which accesses a lane shall have a driveway on a parcel of at least 1.0 m in
length where a driveway enters a 8.0 m or larger lane in width; all lanes under 8.0 m in
width shall have a minimum driveway of 3.0 m in length.
34.3.2
Garages that access a lane must have the driveway and/or garage ramps and/or aprons
entirely contained within the property lines and cannot extend into the Town of Stettler
Lane Right of Way.
34.3.3
A garage which accesses a street shall have a driveway on the parcel which is equal to
or greater than the minimum front yard requirement of the building.
34.3.4
All work on public property pertaining to garage driveway improvements and access
must be undertaken under direct supervision.
Figure 34-1: Detached Garages
34.4
Accessory Buildings in Non-residential Districts:
34.4.1
In any District other than a Residential District, an accessory building or structure is
subject to the development regulations for that District;
34.4.2
An accessory building or structure on a site in a non-residential district which abuts a site
in a residential district shall not be less than 1.5 m from the boundary line of the site in
the residential district.
Driveway Length
from lane
(34.3.1)
2190-25
Page 43
Section 35:
Basement Suites
35.1
Basement suites shall be restricted to single detached dwellings.
35.2
A maximum of two (2) bedrooms may be permitted per basement suite.
35.3
A basement suite shall comply with the Safety Codes Act or its successor.
35.4
One on-site parking stall shall be provided for each bedroom to a maximum of two stalls. The
maximum number of vehicles for basement suite occupants cannot exceed onsite parking stalls
provided for the suite.
35.5
A basement suite has an entrance separate from the entrance to the primary dwelling unit, either
from a common indoor landing or directly from the exterior of the structure. Exterior access to the
basement suite shall be subordinate in both size and appearance to the access of the primary
dwelling unit.
Section 36:
Bed and Breakfast Facility
36.1
A bed and breakfast facility is an accessory use to a principal residential use. All persons operating
bed and breakfast facilities require a Business License and must provide evidence of compliance
with municipal, provincial and/or federal regulations in regard to their operation.
36.2
The Municipal Planning Commission may permit a bed and breakfast only if, in their opinion, it
complies with the following regulations:
36.2.1
The privacy and enjoyment of adjacent residences shall be preserved and the amenities
of the neighbourhood maintained at all times;
36.2.2
Interior or exterior alterations, additions or renovations to accommodate a bed and
breakfast may be allowed provided such alterations, additions or renovations maintain
the principal residential appearance or character of the dwelling and comply with this
Bylaw, the Safety Codes Act, and any other Town bylaws;
36.2.3
A bed and breakfast shall be operated only by the permanent resident(s) of the principal
dwelling and one (1) non-resident employee on site;
36.2.4
One on-site parking stall shall be provided for each bedroom provided for compensation;
and
36.2.5
A bed and breakfast shall meet the signage requirements.
Section 37:
Boarding Facility
37.1
A boarding facility may only be permitted in a single detached dwelling.
37.2
One on-site parking stall shall be provided for each bedroom provided for compensation.
37.3
A boarding facility shall be operated only by the permanent resident(s) of the principal dwelling.
2190-25
Page 44
37.4
No rooms for rent are permitted to have separate kitchen facilities from the principal dwelling.
Section 38:
Building Design, Character, Orientation and Appearance
38.1
The design, character, location, external finish, architectural appearance and landscaping of all
buildings, including accessory buildings or structures shall be to the satisfaction of the
Development Officer/Municipal Planning Commission. Where applicable, buildings shall comply
with any architectural/design guidelines in an Area Structure Plan.
38.2
The exterior finish of a building in all residential districts shall be completed by October 31st of the
year following the year in which the development permit is issued unless otherwise stipulated in the
development permit.
38.3
The undercarriage of a mobile home shall be screened from view by skirting or such other means
satisfactory to the Development Officer/Municipal Planning Commission.
38.4
All accessory structures to a mobile home such as patios, porches, additions, skirting and storage
facilities shall be fabricated so that the appearance complements the mobile home to the
satisfaction of the Development Officer/Municipal Planning Commission
38.5
The exterior finish of commercial structures shall be of wood, prefabricated materials, stone, brick,
architecturally finished block or concrete, stucco or other durable aesthetically pleasing material
that is appropriate to the development style and to the satisfaction of the Development Authority.
38.6
Roof lines and building facades within commercial districts shall be articulated and varied to reduce
perceived mass and linear appearance of large buildings.
38.7
The orientation of buildings within a cul-de-sac shall be placed in a fashion that is conducive to the
streetscape as a whole. The orientation shall not adversely affect the access, sightlines, or
amenities of an adjacent parcel including daylight, sunlight and privacy. The orientation of buildings
within a cul-de-sac shall be subject to the approval of the development officer.
Section 39:
Cannabis Retail Sales and Production
39.1
A Cannabis Retail Sales or Production Facility must comply to provisions of the Gaming, Liquor
and Cannabis Act.
39.2
Owners/Applicants must obtain and submit a copy of the Retail Cannabis Store License from the
Province of Alberta.
39.3
The Development Authority may permit a Cannabis Retail Sales or Production Facility only if, in
their opinion it complies with the following regulations:
39.3.1 As Described in the Gaming, Liquor and Cannabis Act:
39.3.1.1 A premises described in a Cannabis License may not have any part of an
2190-25
Page 45
exterior wall that is located within 100 metres of
(a)
A provincial health care facility or a boundary of the parcel of land on
which the facility is located,
(b)
A building containing a school or a boundary of a parcel of land on which
the building is located, or
(c)
A boundary of a parcel of land that is designated as school reserve or
municipal reserve under the Municipal Government Act
39.4
The Development Authority shall consider the following matters as part of the decision making
process for an application for a Cannabis Retail Sales or Production Facility:
39.4.1
Proximity and relevance of impact to facilities frequented by Children and Youth,
including but not limited to:
(a) Day Care Facilities
(b) Parent Link Centers
(c) Parks
(d) Recreation Facilities
(e) Youth Centers
39.4.2
Day Homes and Home Schools do not require a separation distance from a Cannabis
Retail Sales Use.
39.4.3
Compatibility of the use in relation to the site, surrounding development and the potential
effect of the development on the adjacent properties.
2190-25
Page 46
Figure 39-1: Cannabis Retail Sales and Production Facility Setbacks
2190-25
Page 47
Section 40:
Communication Towers
40.1
Industry Canada is responsible for regulating radio communication in Canada and for authorizing
the location of radio communication facilities, including communication towers. In making its
decision regarding the communication tower and related facilities Industry Canada considers the
following:
40.1.1
The input provided by the land-use authority;
40.1.2
Compliance with Transport Canada's painting and lighting requirements for aeronautical
safety;
40.1.3
Health Canada's safety guidelines respecting limits of exposure to radio frequency fields;
and
40.1.4
An environmental assessment may be required in order to comply with the Canadian
Environmental Assessment Act.
40.2
The participation of the Town in the consultation process does not transfer any federal decision-
making authority, nor does it confer a right of veto in the location of the radio communication
facility.
40.3
An antenna and supporting structure for the following uses are subject to Industry Canada
requirements:
40.3.1
Ham radio;
40.3.2
Citizen band radio; and
40.3.3
A telecommunication device that only receives signals (e.g. satellite dishes).
40.4
An antenna and supporting structure for the following uses are discretionary in all districts:
40.4.1
Radio and television transmission;
40.4.2
Two-way radio;
40.4.3
Common carriers;
40.4.4
Land-mobile systems; and
40.4.5
Fixed point microwave.
40.5
Unless demonstrated to be impractical, transmission antennae shall be mounted on existing
structures (including buildings or towers) or within transportation and utility corridors.
40.6
The tower base shall be setback from abutting parcels and roadways by a distance of 20 percent of
the tower height or the distance between the tower base and guy wire anchors, whichever is
greater.
40.7
Guy wire anchors shall be setback at least 1.0 m from the property line.
40.8
Transmission towers must have the least practical adverse visual effect on the environment. This
may be mitigated through landscaping and/or fencing, etc.
2190-25
Page 48
40.9
Sites for commercial communication towers shall be fenced with suitable protective anticlimb
fencing as required by the Town.
40.10 Communication antennae and structures to be located in all allowable districts shall obtain a
development permit where they exceed 4.5 m in height from grade.
40.11 An application for a development permit shall include a site plan drawn to scale and identifying the
site boundary; tower; guy wire anchors; existing and proposed structures; vehicular parking and
access; existing vegetation to be retained, removed, or replaced; and uses and structures on the
site and abutting properties.
Section 41:
Corner/Double Fronting Lot Restrictions
41.1
No person on a corner lot in any District shall erect, place or maintain, within a triangle formed by
the boundaries of the site common with the streets abutting them and a straight line connecting
points on each of the said boundaries a distance of six metres from the point where they intersect,
a wall, fence, shrub, trees, hedge or any object over one metre in height above the lowest street
grade adjacent to the intersection.
41.2
In all districts, a site abutting two streets or more shall have a front yard on each street and two
side yards in accordance with the setback requirements of the Bylaw.
41.3
Notwithstanding Section 41.2, one front yard setback may be reduced to 3.0 m taking into account
the location of existing adjacent buildings or the permitted setback on adjacent sites where a
building does not exist and having regard for the variances allowed.
Figure 41-1: Restrictions on Corner/Double Fronting Lot
2190-25
Page 49
Section 42:
Data Centers
42.1
The purpose of this Section is to regulate the development, operation, and expansion of Data
Processing Centres and Data Centre Campuses to ensure compatibility with surrounding land uses
and to address potential impacts related to noise, emissions, traffic, heat, power generation, and
visual appearance.
42.2
Development Permit shall include the following:
42.2.1
Comprehensive site plans, floor plans, elevations, renderings, and architectural drawings
for all buildings and structures, including trailers, containers, storage buildings, and
equipment enclosures.
42.2.2
A mitigation plan addressing noise, heat, emissions, odor, dust, traffic, and visual
impacts.
42.2.3
A Fire Protection and/or Fire Safety Plan satisfactory to the Development Authority and
the applicable Fire Services Authority.
42.2.4
Any further technical studies, plans, or documentation required by the Development
Authority.
42.2.5
Proof of compliance with all applicable provincial and federal approvals, including AUC
approvals or written confirmation of exemption.
42.3
Noise:
42.3.1
A Noise Impact Assessment shall be required and prepared by a qualified professional,
completed in accordance with Alberta Utilities Commission (AUC) Rule 012 or an
equivalent standard. The assessment shall include:
a.
predictions of sound levels at property boundaries and the nearest
dwellings.
b.
recommend mitigation measures where necessary.
i. Noise mitigation measures may include but are not limited to:
1. Exhaust baffles, mufflers, and extended housings.
2. Sound-absorbing wall systems, acoustic padding, and fire-resistant
sound barriers.
3. Strategic placement or orientation of buildings.
4. Locating higher-noise equipment toward the centre of the site.
5. installation of a noise monitoring system
2190-25
Page 50
42.3.2
In response to noise complaints:
a. The Development Authority may require the operator to undertake sound-level
testing at the complainant's location.
b. The Development Authority may require additional mitigation where
compliance is not demonstrated.
c. All compliance testing shall be at the operator's expense.
42.4
Where on-site power generation is not proposed:
42.4.1
Written confirmation from the electrical service provider that the proposed development
draws electrical power from, must be submitted verifying that projected power
consumption can be accommodated and that supporting infrastructure is adequately
sized.
42.4.2
Setbacks shall comply with the building regulations of the applicable land use district.
42.5
Where on-site power generation is proposed:
42.5.1
The applicant shall identify the total megawatt (MW) output at full build-out.
42.5.2
All equipment and structures associated with on-site power generation shall be identified
on the site plan.
42.5.3
Applicants shall submit proof of AUC exemption for systems generating less than 10
MW, or applicable AUC approvals for systems generating 10 MW or more.
42.5.4
Facilities shall be setback as determined by the Development Authority in consultation
with the AUC, unless otherwise regulated in this Section.
42.6
Site and Building Standards:
42.6.1
All buildings shall be designed with exterior finishes and materials to the satisfaction of
the Development Authority.
42.6.2
High-quality architectural and landscape design standards shall be applied to ensure that
development is visually cohesive and compatible with surrounding lands.
42.6.3
Lighting shall comply with dark-sky principles and relevant municipal lighting regulations.
Pedestrian-scale lighting and municipal-standard street lighting are required where
applicable.
42.6.4
A detailed site grading plan prepared by a qualified professional shall be submitted with
the initial Development Permit application and applied throughout subsequent phases.
42.6.5
All buildings shall be oriented to minimize massing and visual impact when viewed from
adjacent properties or public roadways.
2190-25
Page 51
42.7
Security:
42.7.1
Data Processing Centres shall incorporate security measures including:
a. Perimeter fencing up to 1.83 metres in height unless otherwise approved.
b. Surveillance systems.
c. Controlled access points.
d. Security lighting in accordance with dark-sky principles.
e. Manned security gates where required.
Section 43:
Decks
43.1
Where a deck is attached to the principal dwelling, or main building, or functions as an extension of
the principal dwelling, or main building, the deck is to be considered part of the building and subject
to the setback regulations required for that District.
43.2
Where a deck is not attached to the principal dwelling, or main building, and does not function as a
direct extension of the principal building, or main building, the deck shall confirm to the following
provisions:
43.2.1
Shall not be located in the front yard; and
43.2.2
Shall sit no closer that 0.6 m to the side and rear property line (plumb line of the eaves,
when included on structure, is not less than 0.3 m to property line).
Section 44:
Dwelling Units on a Parcel
44.1
The number of dwelling units permitted on a parcel shall be one, except where additional dwellings
are:
44.1.1
Contained in a building designed for, or divided into, two or more dwelling units and is
located in a land use district which permits multiple units;
44.1.2
A mobile home forming part of a mobile home park for which a development permit has
been issued; or
44.1.3
A building as defined in the Condominium Property Act that is the subject of an approved
condominium plan registered with Alberta Registries.
Section 45:
Easements
45.1
A development permit shall not be issued for a development, other than a fence, that encroaches
in or over a utility easement or right of way without the written consent of the person whom the
easement is registered to or the person whose utility line is located in the easement.
2190-25
Page 52
Section 46:
Environmental Policy
46.1
Within developing areas, existing trees and shrubs should be conserved to the maximum extent
possible.
46.2
The following areas shall be retained in their natural state:
46.2.1
Swamps, gullies and natural drainage courses;
46.2.2
Unstable land;
46.2.3
Land with a natural gradient of 15% or greater; and
46.2.4
Any lands designated as Environmental Reserve.
46.3
Development within the 1:100 year flood areas shall be limited to:
46.3.1
Non obstructive development within the floodway may be permitted in accordance with
Alberta Environment and Sustainable Resource Development Legislation. Non
obstructive development may include, green space or parkland, golf courses, parking
facilities, open structures such as gazebos, and other non-obstructive development that
in the opinion of the development authority does not change the elevation of the flood
way and does not negatively impact the natural flow of water.
46.3.2
Development within the Flood Fringe that is subject to flood proofing measures and may
require preventative engineering and construction methods recommended by a qualified
professional as part of the development permit application process.
Section 47:
Farming
47.1
The Municipal Planning Commission shall consider the following matters as part of the decision-
making process for an application for farming use:
47.1.1
The impact of nuisance to neighbouring properties;
47.1.2
The space provided for the number of animals requested;
47.2
Any person who has the care or control of animals shall:
47.2.1
Ensure manure management techniques are in place that:
(a) Minimize runoff onto or into adjacent properties, riparian areas, ground water, and
water sources.
(b) Minimize excess odors.
47.2.2
Ensure animals are contained in a matter that prevents them from escaping the persons
property and/or entering onto another person's property;
47.2.3
Ensure animals are not causing a disturbance in the neighbourhood as per Town of
Stettler Noise and Nuisance Bylaws;
47.2.4
Ensure animals have sufficient space to move in accordance with industry best
practices;
47.2.5
Ensure any deceased animals are removed from the property or properly managed to
reduce attraction to predators and scavengers
2190-25
Page 53
47.3
No person shall keep any farm animals except in the DC4: Direct Control Urban Reserve District
and UR: Urban Reserve District and in conformity with the following:
47.3.1
Combinations of different animals are allowed provided the maximum number of animal
units is not exceeded;
47.3.2
Animal units shall be limited based on lot areas as follows:
(a) More than 0 ha (0 acres) and less than or equal to 0.405 ha (1 acre) = One (1)
animal units (max)
(b) More than 0.405 ha (1 acres) and less than or equal to 1.214 ha (3 acres) = Two
(2) animal units (max)
(c) More than 1.214 ha (3 acres) and less than or equal to 1.619 ha (4 acres) = Three
(3) animal units (max)
(d) More than 1.619 ha (4.1 acres) and less than or equal to 4.856 ha (12 acres) =
Four (4) animal units (max)
47.3.3
Animal Units shall be calculated as follows:
Tables 47-1: Animal Units
Type of Animal
Number of Animals Deemed to Equal One
Animal Unit
Horse
(Plus foal under 6 months)
1
Sheep/Goats
(Plus lambs under 6 months)
2
Chickens *
4
All Others
At the discretion of Municipal Planning
Commission
*Roosters are prohibited
Section 48:
Fencing and Screening
48.1
Fences shall complement the character and quality of the principal building.
48.2
The maximum height of a fence as measured from grade shall be:
48.2.1
2.0 m for that portion of the fence which does not extend beyond the most forward
portion of the principal building on the lot;
48.2.2
1.2 m for that portion of the fence which extends beyond the most forward portion of the
principal building on the lot; and
48.2.3
In the case of fencing adjacent to intersections Section 62 must be referenced.
48.3
Fence construction in all districts must be confined to the property line and shall not encroach onto
any adjoining property including road and lane rights of way, utility easements or rights of way,
2190-25
Page 54
environmental or municipal reserves, or any other public or private lands excepting only where
such encroachments, are expressly approved by the Development Officer.
48.4
Commercial buildings adjacent to residential areas must be screened by a fence of not less than
2.0 m in height on those sides of the commercial lot adjacent to residential area or would be
adjacent if not for a railway, road, utility right of way, or reserve land.
48.5
In the case of drive-in businesses, car washing establishments, service stations and gas bars,
landscaping shall be provided and maintained to the satisfaction of the Development Officer. Solid
fences shall be provided at least 2.0 m in height adjacent to residential areas.
48.6
Notwithstanding 47.2, a higher fence or a fence with barbed or other security features may be
approved for public safety, security, privacy or buffering purposes within the industrial and highway
commercial land use districts.
48.7
No barbed wire fences shall be permitted within residential areas.
48.8
The electrification of any fences within Stettler shall not be permitted.
48.9
Unless required as part of the sale, promotion or display of the vehicle, equipment or product, all
outdoor storage of vehicles, equipment, or products shall be screened from public view to the
satisfaction of the Development Officer/Municipal Planning Commission.
48.10 Screening in the form of fences, hedges, landscaped berms or other means is required along the
property lines of all commercial and industrial lots where such lines share the same boundary with
a residential property line or are adjacent to lanes that abut a neighbouring residential property.
Such screening shall be at least 2.0 m high. Length and width of the screening shall be at the
discretion of the Development Officer/Municipal Planning Commission.
48.11 For bulk outdoor storage, including but not limited to auto wrecking, lumber yards, pipe storage and
similar uses, where because of height of materials stored, a screen planting would not be sufficient,
a fence, earth berm or combination thereof to the satisfaction of the Development Officer/Municipal
Planning Commission, shall be required.
Figure 48-1: Constructing a Fence
2190-25
Page 55
Section 49:
Garden Suites
49.1
A garden suite means a separate secondary dwelling unit located on the same site and serviced by
the same utilities as a single detached dwelling.
49.2
The Municipal Planning Commission shall consider the following matters as part of the decision
making process for an application for a garden suite:
49.2.1
Compatibility of the use in relation to the site, grade elevations, height, building types
and materials characteristic of surrounding development;
49.2.2
The potential effect of the development on the privacy of adjacent properties; and
49.2.3
The on-site and neighbourhood impacts on parking and traffic.
49.3
Where approved, garden suites shall be developed and operated in accordance with the following
regulations:
49.3.1
All garden suites must meet the requirements of the Alberta Safety Codes Act;
49.3.2
Shall not be located in the front yard;
49.3.3
The resident owner shall submit and sign a statutory declaration stating that he/she is
the principal resident of the principal dwelling and occupancy of the principal dwelling by
the owner shall be a condition of the development permit;
49.3.4
A minimum of one on-site parking space shall be provided for a garden suite;
49.3.5
The number of persons occupying a garden suite shall not exceed two;
49.3.6
A minimum floor area of 44.0 square metres (480 square feet) and a maximum floor area
of 65 square metres (700 square feet), providing that the combination of the principal
dwelling, garden suite and other accessory buildings does not result in the site coverage
of the parcel exceeding the requirements of the District.
Section 50:
Home Occupations
50.1
Any persons wishing to operate a home occupation from their residence shall be required to apply
for a development permit and must meet all the criteria in Sections 49.2 and 49.3.
2190-25
Page 56
50.2
All home businesses shall comply with the following general regulations:
50.2.1
All home businesses shall be operated as a secondary use only and shall not change
the principal character and external appearance of the dwelling in which it is located.
50.2.2
One professionally non-illuminated fascia sign or nameplate to identify a home
occupation not greater than 0.275 square metres in an area placed within the dwelling
unit or any accessory building is permitted.
50.2.3
The applicant shall obtain a business license after to the issuance of a development
permit.
50.2.4
A home occupation, whether or not a development permit has been issued, shall be
reviewed by the Town, when complaints are registered against a home occupation by an
affected landowner. A permit issued for a home occupation is liable to recall on the basis
of non-compliance on 60 days notice.
50.3
Home businesses shall meet all the requirements of 49.2 above and shall comply with the following
regulations:
50.3.1
The home business shall be operated by the permanent resident(s) of the principal
dwelling and may employ one non-resident on-site employee.
50.3.2
The home business shall not occupy more than 30% of the gross floor area of the
principal dwelling.
50.3.3
Any storage of materials or goods related to the minor home business must be located
within the principal dwelling and/or accessory structure and no exterior storage is
permitted.
50.3.4
The home business shall have no more than two (2) home business vehicles used in
conjunction with the home business, parked and maintained on the site. There shall be
no heavy vehicles (as defined in the traffic bylaw) used in conjunction with a minor home
business.
Section 51:
Landscaping
51.1
Except in the case of a Residential District and the C1 District, landscaping shall be provided in
accordance with the following:
51.1.1
A minimum of 5 percent of the site area, or a 3.0 m strip of land adjacent to a public
roadway, whichever is greater, shall be landscaped.
51.1.2
All boulevards adjacent to the development site shall be seeded or sodded, excepting
those ditch areas required for drainage. Any surface treatment other than grass or any
tree planting on the boulevards shall receive prior approval. All boulevard landscaping
shall be in accordance with the standards of the Town.
51.1.3
Trees shall be provided at the rate of one tree for every 45 m² of the required
landscaped area. All plant material shall be of a species capable of healthy growing in
the Stettler area.
51.1.4
Minimum tree height specifications shall be: coniferous - 1.0 m high; and deciduous -
1.5 m high.
2190-25
Page 57
51.1.5
All landscaping shall be protected by concrete curbs or other approved barriers having a
minimum height of 150 mm or separated from the street or parking area by a paved,
curbed sidewalk.
51.1.6
Landscaping is to be completed to the satisfaction of the Development Officer or the
MPC by the end of the first full growing season following completion of construction of
the use.
51.2
In the case of all Residential Districts, landscaping shall be completed to the satisfaction of the
Development Officer or Municipal Planning Commission by the end of the first full growing season
following completion of construction or the commencement of the use, whichever occurs first. All
landscaping shall be of a type and quality that is satisfactory to the Development Officer or
Municipal Planning Commission.
51.2.1
A maximum of 50 percent of the required landscaped area may be hard landscaped.
51.3
The Commercial and Industrial Site and Building Design Guidelines contained within the "Highways
Overlay District", set standards for appearance and quality of building design and landscaping for
lands adjacent to Highway 12 and Highway 56.
51.4
The Meadowlands by the Park Overlay District sets additional landscaping standards for lands
contained within Meadowlands by the Park.
Section 52:
Laneless Subdivision
52.1
In a laneless subdivision, in a residential district, one side yard shall not be less than 3.0 m. This
does not apply to an accessory building where it is located to the rear of the principal dwelling.
52.2
In a laneless subdivision, in a commercial or industrial district, one side yard shall not be less than
6.0 m. This does not apply to an accessory building where such building is located to the rear of
the main building.
Section 53:
Lighting
53.1
Appropriate lighting of multi-attached residential, commercial, industrial and institutional
development shall be required to provide security and add visual interest.
53.2
Lighting standards and fixtures shall be of consistent design and complement the architectural
theme of the buildings located on the site.
53.3
Outdoor lighting shall be located so that rays of light:
53.3.1
Are not directed at an adjacent site or skyward;
53.3.2
Do not adversely affect an adjacent site;
53.3.3
Do not adversely affect traffic safety.
2190-25
Page 58
Section 54:
Lot Grading, Storm Water Management and Drainage
54.1
The Development Officer/Municipal Planning Commission may require, as a condition of a
development permit, that a developer submit a storm water management plan or lot grading plan to
the Town for approval.
54.2
The grading of a lot associated with an approved development shall conform to the storm water
management plan or lot grading plan approved by the Town.
54.3
No on-site drainage, including from overland, a sump pump, roof or high water, shall flow to the
sanitary sewer system, either directly or through pumping (including downspouts).
54.4
On-site drainage, including drainage from overland, a sump pump, roof or high water, shall not be
permitted to flow onto an adjoining private property or onto Town sidewalks or onto a lane or street,
except in accordance with an approved grading plan. The land owner shall direct on-site drainage,
including drainage from a sump pump, roof or high water onto the yards of their property and
eventually to a street or lane. Suitable methods of on-site retention shall be in accordance with the
Town's Engineering Design Guidelines and subject to the approval of Director of Operational
Services.
54.5
All landscaping, topographic reconstruction, retaining walls, or site grading shall be confined to the
property and shall not encroach onto any adjoining property including road and lane rights of way,
utility easements or rights of way, environmental or municipal reserves, or any other public or
private lands excepting only where such encroachments, are expressly approved by the
Development Officer.
54.6
All finished landscaped lot elevations shall be a minimum of 2 inches above the elevation of the
lane to ensure positive drainage.
54.7
If a person alters lot drainage on a site so that water drains onto adjacent parcels, that person shall
be responsible for corrective drainage structures, including retaining walls, to divert water from
neighbouring properties.
54.8
Any retaining wall over 1.0 m in height must be designed and inspected after construction by a
professional engineer. The land owner shall provide to the municipality the design and inspection
report, both bearing the seal and signature of a professional engineer.
54.9
A temporary fence shall be erected around all excavations which in the opinion of the Development
Officer/Municipal Planning Commission may be hazardous to the public.
54.10 Where storm water systems exist, any paved areas used for vehicle, engine, equipment, appliance
and vessel construction or repairs must have appropriate and maintained drainage and catchment
mechanisms, such as oil-water separators. Any unpaved areas used for vehicle, engine,
equipment, appliance and vessel construction or repairs must be protected by an impervious
barrier or container to prevent any spill onto or contamination of the unpaved area.
2190-25
Page 59
Section 55:
Objects Prohibited or Restricted in Yards
55.1
No person shall keep or permit in any yard in any district any object or chattel which, in the opinion
of the Development Authority is unsafe, unsightly or adversely affects the amenities of the district.
This includes abandoned motor vehicles, building materials, and any excavation, stockpiling or
storage of materials, explosives, flammable liquids, toxic chemicals, and diesel fuel and gasoline
products.
55.2
The outdoor storage of materials, products, equipment or machinery shall not be permitted in the
required front yard of commercial districts unless required as part of the sale, promotion or display
of merchandise as determined by the Development Officer.
55.3
No occupant of a principal dwelling in a residential district shall permit a recreational vehicle to be
used for living or sleeping accommodation for longer than a 14 continuous day period.
55.4
A motor vehicle, recreation vehicle, trailer or watercraft shall not be parked in a front yard except
on a driveway or approved parking pad.
Section 56:
Permitted Projections
56.1
Projections into the required front, side and rear yard setbacks in land use districts may be
permitted for: canopies; balconies; decks; eaves; box-outs; chimneys; gutters; windowsills; air
conditioning units; wheelchair ramps; and landings. Cantilevers may be permitted to encroach into
the front and rear yards only.
56.2
Front Yard Projections:
56.2.1
2.0 m for canopies, balconies, decks; and
56.2.2
1.0 m for cantilevers, eaves, gutters, box-outs, landings, wheelchair ramps, and
windowsills.
56.3
Rear Yard Projections:
56.3.1
2.0 m for canopies, balconies, decks; and
56.3.2
1.0 m for box-outs, cantilevers, eaves, gutters, chimneys, landings, air conditioning units,
wheelchair ramps, and windowsills.
56.4
Side Yard (Interior) Projections:
56.4.1
0.6 m for box-outs, eaves, gutters, chimneys, landings; air conditioning units, wheelchair
ramps, and windowsills.
56.5
Side Yard (Exterior) Projections:
56.5.1
1.0 m for canopies, balconies, air conditioning units, wheelchair ramps; and
2190-25
Page 60
56.5.2
0.6 m for box-outs, eaves, gutters, chimneys, landings, and windowsills.
56.6
For multi-attached dwellings, balconies and decks may be extended to the lot line or common wall,
provided that the common wall is extended for separation/privacy.
56.7
No projection will be permitted if, in the opinion of the Development Officer/Municipal Planning
Commission, it may interfere with a loading space, parking area, driveway, or other vehicle or
pedestrian circulation or access.
56.8
No projections will be permitted into the side yard required for vehicular access to the rear yard,
unless a minimum vertical height of 3.0 m from finished grade to the lowest point of the projection
encroachment is maintained.
56.9
The projection length limitations are as follows:
56.9.1
The individual encroachment maximum length shall not exceed 3.0 m; and
56.9.2
The sum of all encroachments maximum length shall not exceed one-third (1/3) of the
length of the building wall (not including the garage walls). This does not apply to front or
rear yards.
2190-25
Page 61
Figure 56-1: Permitted Projections - Front and Interior Side Yard Setbacks
Front Yard
1m: box-outs,
cantilevers,
windowsills, eaves,
landings
2m: balconies
Interior Side Yard
1m: box-outs,
windowsills, eaves,
landings
2190-25
Page 62
Figure 56-2: Permitted Projections - Rear and Exterior Side Yard Setbacks
Section 57:
Satellite Dish and Amateur Radio Antennas
57.1
All satellite dish and amateur radio antennas shall be located on the same site as the intended
signal user.
57.2
Satellite dishes that conform to all other provisions of the Land Use Bylaw do not require a
development permit.
57.3
No satellite dish antenna which is accessory to the principal use of a site shall be located in, or
encroach onto, a front or side yard in any residential district.
57.4
A satellite dish antenna larger than 1.0 m in diameter shall not be located on a roof top except for
apartment buildings and buildings in non-residential districts.
57.5
Where any portion of a satellite dish antenna is more than 3.0 m above grade, it shall be screened
and located to the satisfaction of the Development Officer/Municipal Planning Commission.
Rear Yard
1m: box-outs,
cantilevers,
windowsills, eaves,
landings
2m: balconies
Exterior Side Yard
0.6m: box-outs,
windowsills, eaves,
landings
1m: balconies
2190-25
Page 63
57.6
Location restrictions for satellite dish antennas may be waived where the applicant can
demonstrate, to the satisfaction of the Development Authority that compliance would interfere with
signal reception.
57.7
An applicant for a development permit for an amateur radio antenna shall notify and provide
comments of all landowners located within 75 m from the boundary of the property.
57.8
An amateur radio antenna shall conform to the site regulations respecting accessory buildings and
uses as per Section 34 of this Bylaw.
57.9
The maximum height of an amateur radio antenna in residential districts shall be 19.0 m.
57.10 Antennas shall not be illuminated unless required by Transport Canada regulations, and except for
a manufacturer's logo shall not exhibit or display any advertising.
Section 58:
Solar Energy Infrastructure
58.1
Solar energy infrastructure and all components associated with the devices shall meet the setback
and site coverage requirements of the district in which they are placed.
58.2
Solar energy infrastructure attached to a principal or accessory building should be integrated with
the roof and wall structure and required compliance with Alberta Safety Codes. The mounted
panel:
58.2.1
Shall be located and mounted to ensure that no glare is produced for neighboring
properties and streets;
58.2.2
Should not project more than 0.15 m from the surface of the building;
58.2.3
Should not project vertically more than 1 m above the roof line in residential districts and
more than 1.8 m above the roof line in all other districts, where located on buildings with
flat roofs while staying within the District's maximum building height requirements; and
58.2.4
Should not extend beyond the outermost edge of the roof or wall to which it is mounted.
58.3
Solar energy infrastructure not attached to a building shall:
58.3.1
Only be located in the side or rear yard;
58.3.2
Shall have a minimum setback of 1.0 m from any side or rear property line;
58.3.3
Not exceed 2.0 m in height above the ground; and
58.3.4
Be screened from adjacent properties with a fence, landscaping, or other means of
screening, to the satisfaction of the Development Authority.
2190-25
Page 64
Section 59:
Stripping, Filling, Excavation and Grading
59.1
Where, in the process of development, areas require levelling, filling or grading, the topsoil shall be
removed before work commences, stockpiled and replaced following the completion of the work.
59.2
Developments involving the construction of artificial water bodies or dugouts may require as a
condition of development approval, that it shall be the sole responsibility of the developer to ensure
that such signs, fences and boarding are put in place as the developer shall consider necessary to
protect the public generally and the residents of the area in particular from any danger arising as a
result of the construction or installation of the artificial water body or dugout on the developer's
property.
59.3
The placing of fill or the storage of fill may be allowed, in any land use district providing:
59.3.1 A Development Permit has been issued for that use; and
59.3.2 The fill does not contain construction rubble or any hazardous substances.
59.4
Section 58.3 does not apply for developments less than 1 acre, providing there is no negative
impact on water flows to or from adjacent lands to:
59.4.1
The placing of clean topsoil for landscaping purposes; and
59.4.2
The placing of up to 0.6 m of fill adjacent to or within 15.0 m of a building under
construction that has a valid building permit.
59.5
Providing there is no negative impact on water flows to or from adjacent lands, Section 58.3 does
not apply:
59.5.1
To the placing of clean topsoil for agricultural purposes;
59.5.2
To the placing of up to 1.0 m of fill including topsoil providing topsoil is stripped and
stockpiled prior to placing of fill, and then replaced;
59.5.3
When the topsoil is seeded to natural grass or agricultural crop within the same growing
season; and
59.5.4
When no fill is placed in natural wetlands or drainage courses.
Section 60:
Temporary Structures
60.1
A temporary structure may not be erected without permission of the Municipal Planning
Commission which may be granted as follows:
60.1.1
Any district other than a residential district subject to the owner agreeing to remove such
a building in accordance with the terms and conditions stipulated by the Municipal
Planning Commission;
60.1.2
A residential district provided that:
(a) No such temporary building shall have a floor area greater than 20.0 square
metres, be more than 3.0 metres in height or have a set back less than 1.2 metres
from the side and rear property lines; and
2190-25
Page 65
(b) The owner enters into an agreement to remove such a building in accordance with
the terms and conditions stipulated by the Municipal Planning Commission;
(c) There shall be no more than one temporary structure per site;
(d) A temporary building being used as a garage must be placed in the rear yard only;
(e) In the case of a pre-manufactured temporary building, the elevations shall be
subject to approval of the Municipal Planning Commission; and
(f)
The building is completed in accordance with the terms stipulated by the
Development Authority, provided that the temporary building permit shall expire at
the end of 24 months, unless renewed by the Development Officer for a further
term, and that such building will comply with this Bylaw.
60.2
Metal freight/cargo storage containers shall only be permitted in Industrial Land Use Districts.
60.3
If an owner fails to comply with the terms and conditions of a temporary building development
permit, the Development Officer/Municipal Planning Commission may remove or cause to be
removed such building as the case may be, the costs of which shall be charged against the lands
upon which the temporary building is situated and shall be payable by the owner to the Town on
demand.
60.4
A temporary structure shall not be used as a dwelling.
2190-25
Page 66
EIGHT: Transportation Facilities
Section 61:
Parking
61.1
General Regulations:
61.1.1
All off-street parking facilities shall be separated from streets by a landscaped area of at
least 1.0 m in width.
61.1.2
All off-street parking facilities shall be so constructed that:
(a) Necessary curb cuts are located and flared to the satisfaction of the Director of
Operational Services;
(b) Every off-street parking space provided, and the access thereto shall be hard
surfaced if the access is from a street or lane that is hard surfaced;
(c) Parking facilities used at night shall have adequate lighting for the entire parking
facility. Such lighting shall be directed away from adjacent or other properties;
(d) Grades and drainage shall dispose of surface water. In no case shall grades be
established that would permit surface drainage to cross any sidewalk or site
boundary without the approval of the Development Officer/Municipal Planning
Commission in consultation with the Director of Operational Services; and
(e) Parking for the physically handicapped shall be provided as provincial regulations
require and shall be considered as part of total number of stalls required for the
project. A maximum of 5% of the total number of stalls required may be required to
be provided for the handicapped by the MPC, provided that a maximum of three
stalls may be required for any project, unless exceptional circumstances due to the
magnitude of the development would warrant more than three stalls.
61.1.3
All parking stalls and loading spaces required by this Bylaw shall be located on the same
site as the use requiring them, subject to setback and yard requirements.
61.2
Parking location - Residential Uses:
61.2.1
For any residential dwelling with parking which accesses a paved street or land, the
required parking stalls shall be surfaced with asphalt, concrete or a similar material
within one year of occupancy of the development. In the event seasonal conditions
prohibit the completion of lot surfacing, the lot shall be compacted and maintained in a
manner to allow access by emergency vehicles and all surfacing shall be completed
prior to July 1st of the following year.
61.2.2
The applicant may be required to provide an irrevocable Letter of Credit or other form of
security acceptable to the Development Officer/Municipal Planning Commission to
guarantee completion of the lot surfacing.
61.2.3
To ensure compliance, and if the Development Officer/Municipal Planning Commission
deems it appropriate, the Town may register a caveat under the Land Titles Act against
the property being developed. This caveat shall be discharged when the Development
Officer/Municipal Planning Commission accepts the lot surfacing as complete.
2190-25
Page 67
61.3
Parking Requirements:
61.3.1
All parking spaces, loading spaces, manoeuvring aisles and driveways shall be surfaced
and maintained to the satisfaction of the Development Officer/Municipal Planning
Commission.
61.3.2
All parking spaces, loading spaces, manoeuvring aisles and driveways shall be marked
to the satisfaction of the Development Officer/Municipal Planning Commission.
61.3.3
A parking lot shall be designed, located and constructed so that it:
(a) Is accessible to and appropriate for all types of motor vehicles using it and the
frequency of use;
(b) Is appropriately surfaced and drained as required by the Development
Officer/Municipal Planning Commission; and
(c) Does not interfere with pedestrian or traffic safety.
61.3.4
Size of Parking Stalls and Drive Aisles:
(a) Parking angles may have a value of 90 degrees or range from 90 degrees to 45
degrees;
(b) Unless otherwise allowed by the Development Officer/Municipal Planning
Commission, the minimum dimensions for the design of parking facilities shall be
as set out in Figure 60-1 and Table 60-1;
(c) Parking dimensions for parking angles between 90 degrees and 45 degrees shall
be calculated using a straight-line interpolation between dimensions;
(d) For parallel parking, the length of the parking spaces shall be 7.0 m, except that
an end space with an open end shall be a minimum of 5.5 m;
(e) Manoeuvring aisles and driveways serving as fire lanes shall be at least 7.0 m
wide;
(f)
Parking stalls shall be clear of all obstructions, other than wheel stops; and
(g) The maximum grade of a parking stall shall not exceed 4% in any direction.
Figure 61-1: Illustration of Parking Standard Dimensions
Illustration relates to column headings in Table 58-1
2190-25
Page 68
Table 61-1: Parking Stall Design Standards
Stall Width
(a)
Parking Angle
(in Degrees) (b)
Aisle Width
(c)
Stall Depth Perpendicular
to Aisle (d)
Parking Unit
Depth (e)
7.0 m
0
3.5 m
3.0 m
13.0 m
3.0 m
45
4.0 m
6.0 m
16.0 m
3.0 m
60
5.5 m
6.5 m
18.5 m
3.0 m
90
7.0 m
6.0 m
19.0 m
61.3.5
The portion or portions of a parking lot used for parking must:
(a) Be marked off or physically divided to delineate clearly each parking stall, loading
space or drive aisle; and
(b) Have suitable barriers to prevent motor vehicles from encroaching onto
landscaped areas and to protect fences, walls or buildings.
61.3.6
Wheel stops shall not exceed 0.1 m in height above the parking stall surface and shall
be placed perpendicular to the parking stall depth, 0.6 m from the front of the parking
stall.
61.4
Number of Stalls:
61.4.1
Where the calculation of the required number of parking stalls or loading spaces results
in a fraction number of parking spaces, the next higher number shall be taken.
61.4.2
Where a development falls within two or more of the categories listed in this Section, it
shall comply with all parking regulations applicable to all of the categories. The highest
requirement shall be used.
61.4.3
Parking stall requirements for uses other than those set out in this Section shall be
determined by the Development Officer/Municipal Planning Commission, having regard
to similar uses for which specific parking stall requirements are set.
61.4.4
Unless otherwise allowed by the Development Officer/Municipal Planning Commission,
the required number of vehicle parking stalls for a use shall be as set forth in the
following table (note GFA = Gross Floor Area).
Table 61-2: Parking Requirements
Land Use
Minimum Parking Standard
Abattoir
1 stall/100 m2 GFA
Animal Services - Kennel
1 stall/50 m2 GFA
Animal Services - Large Animal
1 stall/50 m2 GFA
Animal Services - Small Animal
1 stall/50 m2 GFA
Apartment Building - Bachelor/1 Bedroom
1 stall/dwelling unit plus 0.15 stalls/ dwelling unit
designated as visitor parking
2190-25
Page 69
Apartment Building - 2 Bedroom
1.5 stalls/dwelling unit plus 0.15 stalls/ dwelling
unit designated as visitor parking
Apartment Building - 3 or more Bedroom
2 stalls/dwelling unit plus 0.15 stalls/ dwelling unit
designated as visitor parking
Assisted Living Facility
0.5 stalls/dwelling unit + 1 stall/staff on duty
Auction Mart
1 stall/50 m2 GFA
Autobody and Repair Shop
6 stalls/bay
Automobile Repair Garage
6 stalls/bay
Automobile Supply Store
1 stall/50 m2 GFA
Bank/Financial Institution
2 stalls/100 m2 GFA and a minimum of 5 stalls
for staff
Basement Suite
1 stall/bedroom
Bed and Breakfast Facility
1 stall/rented room in addition to spaces required
for dwelling unit
Boarding Facility
1 stall/rented room in addition to spaces required
for dwelling unit
Bottled Gas Sales and Storage
1 stall/100 m2 GFA
Bulk Chemical Storage
1 stall/100 m2 GFA
Bulk Fuel Station
1 stall/100 m2 GFA
Clinic
1 stall/50 m2 GFA
Club
Discretion of Development Authority
Community Hall
Discretion of Development Authority
Contracting Services, Major
1 stall/50 m2 GFA for office space and 1 stall/100
m2 GFA for other buildings
Contracting Services, Minor
1 stall/50 m2 GFA for office space and 1 stall/100
m2 GFA for other buildings
Convenience Food Store
1 stall/25 m2 GFA
Data Centre
1.5 stall/permanent employee or as otherwise
determined by the Development Authority
Day Care Facility
1 stall/staff on duty plus 0.2 stalls/child (design
capacity)
Dry Cleaning and Laundry Depot/Plant
1 stall/100 m2 GFA
Dwelling, Duplex
2 stalls/dwelling unit
Dwelling, Fourplex
2 stalls/dwelling unit
Dwelling, Row House
2 stalls/dwelling unit
Dwelling, Single Detached
2 stalls
Dwelling, Triplex
2 stalls/dwelling unit
Farm Supply Store
1 stall/25 m2 GFA
Feed Mills, Grain and/or Fertilizer Elevators
1 stall/100 m2 GFA
Florist Shop
1 stall/25 m2 GFA
Food and/or Beverage Service Facility
1 stall/4 seats
Funeral Home
1 stall/5 seats
Gaming or Gambling Establishment
1 stall/3 seats
Gas Bar
3 stalls + 1 stall/25 m2 GFA
Group Care Facility
0.5 stall/dwelling unit + 1 stall/staff on duty
2190-25
Page 70
Handicraft Business
1 stall/100 m2 GFA
Heavy Truck/Equipment and Mobile Home
Sales, Repair and Rental
1 stall/100 m2 GFA
Hotel
1 stall/guest room plus 1 stall/staff on duty
Industry/Manufacturing - Large Scale
1 stall/100 m2 GFA
Industry/Manufacturing - Small Scale
1 stall/100 m2 GFA
Industry - Petrochemical
1 stall/100 m2 GFA
Laboratory
1 stall/50 m2 GFA
Laundromat
1 stall/50 m2 GFA
Light Equipment Repair/Rental
1 stall/100 m2 GFA
Livestock Auction Mart
1 stall/50 m2 GFA
Mobile Home
2 stalls
Motel
1 stall/guest room plus 1 stall/staff on duty
Museum
2 stalls/100 m2 GFA
Nursing Home
1 stall/4 beds
Office Building
1 stall/50 m2 GFA
Oilfield Support Services
1 stall/100 m2 GFA
Personal Service Shop
1 stall/50 m2 GFA
Pharmacy
1 stall/50 m2 GFA
Public Assembly
1 stall/50 m2 GFA
Recreation Facility
Discretion of Development Authority
Recreational Amusement Park
Discretion of Development Authority
Retail Store
1 stall/50 m2 GFA
School
At the discretion of the Development Authority
Seed Cleaning Plant
1 stall/100 m2 GFA
Shopping Centre
1 stall/50 m2 GFA
Studio
1 stall/50 m2 GFA
Taxi/Bus Depot
1 stall/50 m2 GFA
Theatre
1 stall/10 seats
Theatre - Movie
1 stall/10 seats
Trade/Commercial School
1 stall/3 students (design capacity)
Transport/Truck Operation
1 stall/100 m2 GFA
Vehicle Wash
3 stalls
61.5
Multi use or Mixed Use Developments:
61.5.1
Developments containing or providing for more than one use shall provide parking stalls
and loading spaces equal to the sum of the requirements of individual uses, unless the
applicant can otherwise demonstrate to the Development Officer/Municipal Planning
Commission that there is a complementary or overlapping use of the parking facilities
which would warrant a reduction in the parking requirements.
61.5.2
Use within a shopping mall shall not be calculated on a separate basis. The shopping
mall parking space requirement shall determine the number of spaces.
2190-25
Page 71
61.6
Combined or Shared Parking:
61.6.1
The Development Officer/Municipal Planning Commission may allow two or more
developments to share parking spaces. Up to 20% of the required parking may be
combined or shared parking.
61.6.2
Permission to share parking spaces may only be granted by the Development
Officer/Municipal Planning Commission in the following circumstances:
(a) The developments are in close proximity to each other and within 50 m of the site
on which the parking spaces are located;
(b) The demand for parking spaces for each development is not likely to occur at the
same time;
(c) The Development Officer/Municipal Planning Commission is satisfied that the
arrangement between the owners of the developments for the sharing of parking
spaces is to be permanent unless an alternative permanent arrangement is made
that is satisfactory to the Development Officer/Municipal Planning Commission;
(d) An agreement acceptable to the Development Officer/Municipal Planning
Commission is provided; and
(e) Loading spaces shall be required for all non-residential developments and
apartments.
Section 62:
On-Site Loading Requirements
62.1
Loading spaces shall be required for all non-residential developments.
62.2
A loading space shall be designed and located so that all vehicles using that space can be parked
and manoeuvred entirely within the bounds of the site without backing to or from adjacent streets,
except as deemed appropriate by the Development Authority.
62.3
A loading space situated within a setback distance from a street or lane shall not be counted for the
purposes of this Section.
62.4
A loading space shall be a minimum width of 3.5 m and a minimum depth of 8.0 m and maintain a
minimum overhead clearance of 4.6 m.
62.5
The Development Officer/Municipal Planning Commission, having regard to the types of vehicles
that are likely to use the loading space, may change minimum loading space dimensions.
62.6
For apartment or multiple-family developments with more than twenty (20) units, adequate loading
space shall be provided to the satisfaction of the Development Officer/Municipal Planning
Commission.
62.7
Loading space requirements for uses other than those set out in this Section shall be determined
by the Development Officer/Municipal Planning Commission, having regard to similar uses for
which specific loading facility requirements are set.
2190-25
Page 72
62.8
Unless otherwise allowed by the Development Officer/Municipal Planning Commission, the
required on-site loading space for any use shall be as follows: one space except for Industry -
Large Scale and Warehouses which will require one space per 2000 m2 of GFA.
Section 63:
Vehicles
63.1
Access to Sites:
63.1.1
All access locations and curb crossings require the approval of the Director of
Operational Services.
63.1.2
All sites shall be designed so that backing manoeuvres necessary to access a parking
stall, a loading door, a drive-through or any other area where vehicles operate, take
place wholly on the site. Exceptions are single detached dwellings and individual parking
stalls accessing a lane.
63.2
Vehicle Access to Buildings:
63.2.1
Any building into which a vehicle may enter from a lane shall have a driveway on the
parcel at least 1.0 metre in length where the driveway enters a 8.0 metre or larger lane in
width, all lanes under 8.0 metres in width shall have a minimum driveway of 3.0 metres
in length.
63.2.2
Any building into which a vehicle may enter from the street shall have a driveway on the
parcel which is equal to or greater than the minimum yard requirement for the building.
63.2.3
All work on public property pertaining to driveway improvements and access to privately
owned properties requires an approved development permit, and shall be done by Town
of Stettler employees or contractors hired by the property owner under the direct
supervision of the Director of Operational Services.
63.3
Sight Lines at Intersections of Roadways:
63.3.1
At the intersection of two lanes, a 3.0 metre sight triangle shall be maintained.
63.3.2
At the intersection of two public roadways, which aren't defined as lanes, a 6.0 metre
sight triangle shall be maintained.
63.3.3
At the intersection of a lane and public roadway, which is not defined as a lane, a 3.0
metre sight triangle shall be maintained.
63.3.4
At the intersection of provincial highways, the Development Officer/Municipal Planning
Commission may require the calculation of sight triangles where:
(a) One or more rights of way is less than 15.0 metres in width;
(b) Regulated vehicle speed exceeds 50 kilometres per hour, or
(c) One of the carriageways is not centred in its right of way,
(d) An intersection leg is curved or skewed, or
(e) An intersection leg is sloped at 2 percent or greater; and
(f)
Sight triangle calculations shall be in accordance with the recommended methods
of the Roads and Transportation Association of Canada regarding crossing sight
distances for roadways.
2190-25
Page 73
Figure 63-1: Sight Triangle at Intersections
63.4
Sight Triangles at Road and Rail Intersections:
63.4.1
At the intersections of roadways and railways, which are unprotected by automatic
warning signals, sight triangles shall be determined using the following figure:
Parcel
Parcel
Parcel
Lane
Lane
Public Roadway
Public Roadway
3m
3m
3m
3m
6m
6m
3m
3m
3m
3m
2190-25
Page 74
Figure 63-2: Sight Triangle at Road and Rail Intersections
63.4.2
At the intersections of roadways and railways, which are protected by automatic warning
signals, the Development Officer/Municipal Planning Commission may require the
calculation of sight triangles where:
(a) One or more of the rights of way is less than 15.0 metres in width, or
(b) Regulated vehicle speed exceeds 50 kilometres per hour, or
(c) Either the carriageway or the railway is not centred in its right of way, or
(d) An intersection leg is curved or skewed, or
(e) An intersection leg is sloped at 2 percent or greater.
63.4.3
Sight triangle calculations shall be in accordance with the recommended methods of the
Roads and Transportation Association of Canada regarding crossing sight distances for
roadways, with the provision that distance between the nearest rail and the front of the
stopped motor vehicle between 5.0 metres and 15.0 metres as required by the Highway
Traffic Act.
63.5
Driveways:
63.5.1
At street intersections, driveways shall be setback from the parcel boundaries which
form the intersection not less than:
(a) 6.0 metres where the driveway serves not more than 4 dwelling units, or
(b) 15.0 metres for other uses, except where existing/planned traffic volumes indicate
that a greater distance is needed to improve/maintain traffic safety and efficiency.
63.5.2
The maximum width of a driveway shall be 10.0 metre.
2190-25
Page 75
63.5.3
The minimum distance between driveways shall be:
(a) Nil, where the driveways serve single dwelling units,
(b) 6.0 metres for other uses, except where existing/planned traffic volumes indicate
that a greater distance is needed to improve/maintain traffic safety and efficiency.
63.5.4
The minimum angle for a driveway to a commercial, industrial, or high density residential
use shall be 70 degrees.
63.5.5
Driveways are not allowed on the streets identified below, unless permission is granted
by Alberta Infrastructure and Transportation:
2190-25
Page 76
Figure 63-3: Streets with No Front Driveway Access to Properties
2190-25
Page 77
NINE: Signs
Section 64:
Sign Regulations Procedures
64.1
The Development Officer/Municipal Planning Commission may by notice in writing:
64.1.1
Direct the owner to correct the condition of any sign or remove any sign within 30 days of
receipt of the notice where, in the opinion of the Development Officer/Municipal Planning
Commission, that condition or sign constitutes a violation of this bylaw or any permit
hereunder, has become unsightly or is unsafe;
64.1.2
Order the owner to stop work on a sign if it is proceeding in contravention of this bylaw;
64.1.3
Order the owner to stop work on a sign if a permit has not been issue.
Section 65:
General Provisions
65.1
Signs shall only be erected on sites to which their display relates except in the case of advance
directional signs which may be approved by the Development Officer/Municipal Planning
Commission in locations where it considers the free and safe flow of traffic may be enhanced.
65.2
A sign shall not conflict with the general character of the surrounding landscape or the architecture
of nearby buildings or be liable to create a cluttered appearance to the landscape.
65.3
A sign, excluding awning and canopy signs, shall not project further than 0.75 m from the exterior
wall of the building.
65.4
Where a sign projects over public property, a minimum distance of 2.5 m above grade level shall
be maintained.
65.5
Notwithstanding 64.4, where a sign is located in or projects into or over a driveway or other area of
vehicle movement, a minimum clearance of 4.6 m above grade level shall be maintained.
65.6
A sign shall not obstruct the view of or be liable to be confused with an official traffic sign, signal or
device or otherwise pose a potential hazard to traffic.
65.7
A sign shall not display lights which may be mistaken for the flashing lights customarily associated
with danger or those used by police, fire, ambulance or other emergency vehicles.
65.8
The Development Officer/Municipal Planning Commission shall have final approval on all sign
locations adjacent to an intersection.
Section 66:
Sign Removal
66.1
Where a sign no longer fulfills its function under the terms of the approved development permit, the
Development Authority may order the removal of such a sign; and the lawful owner of the sign or
the property owner, shall upon the Development Authority's resolution:
2190-25
Page 78
66.1.1
Remove such a sign and all related structural components within 30 days from the date
of receipt of such a removal notice,
66.1.2
Restore the immediate area around the sign to the satisfaction of the Development
Authority,
66.1.3
Bear all the costs related to such removal and restoration.
Section 67:
A-Board Signs
67.1
A-Board Signs shall:
67.1.1
Be of a painted finish, be neat and clean, and be maintained in such condition; and
67.1.2
Be of a size not exceeding 0.6 m wide by 0.9 m high and not less than 0.3 m wide by 0.6
m high.
67.1.3
Only to be placed on the sidewalk in front of the business being advertised and within
1.0 m from the curb.
Figure 67-1: A-Board Sign
Section 68:
Awning and Canopy Signs
68.1
Awning and canopy signs shall not project from the building to a point greater than where a
perpendicular line from the front edge of the awning will intersect the sidewalk 0.6 m from the face
of curb.
68.2
Canopy signs may be attached to the sides and front of the canopy, and such signs may extend
the entire length and width of the canopy.
68.3
Under canopy signs may be hung from the canopy provided such signs shall not:
2190-25
Page 79
68.3.1
Extend beyond the sides or the front of such canopy; and
68.3.2
Exceed a vertical dimension of 1.5 m, and have a minimum 2.5 metre clearance from the
sidewalk.
68.4
No person shall erect an awning sign or a canopy sign unless such sign:
68.4.1
Is securely hung and anchored to the building to which it is attached;
68.4.2
The structure and canopy/awning must be capable of resisting all stresses resulting from
dead weight, snow and wind loads;
68.4.3
Is at clearance of not less than 2.8 m from the average ground level at the face of the
building;
68.4.4
Does not project more than 3.0 m from the face of the building or structure to which it is
attached.
68.5
Projecting signs installed over or above canopies shall not be supported by the canopy.
Figure 68-1: Awning and Canopy Signs
2190-25
Page 80
Section 69:
Billboards
69.1
A development permit for a billboard shall not be issued unless:
69.1.1
The billboard is to be located on a lot abutting Highway 12 or Highway 56 or in the
Highway 12 or Highway 56 right of way subject to the approval of Alberta Infrastructure
and Transportation;
69.1.2
The lot referred to in 68.1.1 is located in one of the following land use districts:
commercial, industrial or urban reserve land use districts.
69.2
A billboard sign shall not:
69.2.1
Be more than 3.0 m high, and not more than 6.0 m long;
69.2.2
Have a maximum height above grade of more than 6.0 m;
69.2.3
Have a maximum area exceeding 18 m2;
69.2.4
Not be located closer than 3.0 m to any property line;
69.2.5
Not be erected, constructed, altered or used anywhere within the Town except as
provided by this and other bylaws of the Town.
69.3
The land and the sites in and about where the billboards are permitted shall be at all times
maintained in a neat and clean manner, free from all loose papers and rubbish. A second face may
be required on the billboard where the back of the billboard is visible to pedestrian or vehicle traffic.
69.4
An existing billboard may be relocated on the same site with the approval of the Development
Officer/Municipal Planning Commission.
Section 70:
Election Signs
70.1
Election signs may be placed on private or public property (with the approval of the owner/public
authority).
70.2
Election signs are permitted on municipal property only as designated by the Development
Authority.
70.3
No encroachment of an election sign from private property onto municipal property will be
permitted unless it is at a designated location.
70.4
Election signs must be located at least 3.0 m from the edge of the travelling surface of a roadway.
70.5
Election signs may not exceed 4.5 m2 in size nor 3.6 m in height.
70.6
Candidates shall remove their election signs from public and private property within 48 hours after
the close of the voting stations on Election Day and ensure that the site is cleaned up and that the
holes are filled with a mixture of topsoil and grass seed;
2190-25
Page 81
70.7
If a candidate fails to remove his or her election signs within 48 hours after the voting stations close
on Election Day, the Bylaw Enforcement Officers may remove them and the candidate shall be
liable for the cost of removal.
70.8
When an election sign interferes with work being carried out by Town work crews or contractors
doing work on behalf of the Town, the crews may remove and dispose of such signs.
70.9
Bylaw Enforcement Officers employed by the Town may remove any election signs, which have
been erected, affixed, posted or placed on any Town property in contravention of this bylaw.
70.10 A candidate whose name appears on an election sign, which is in contravention of this bylaw, shall
be guilty of an offence under this bylaw.
Section 71:
Fascia Signs
71.1
Fascia signs shall not be located above any portion of a street, or project over public property
unless there is a minimum clearance from grade of 2.5 m and a maximum projection of 0.4 m.
71.2
A fascia sign shall not exceed 20% of the visible area of the façade of each wall of the building on
which it is located; and
71.3
A fascia sign may be illuminated.
Section 72:
Freestanding Signs
72.1
A freestanding sign may be allowed in a setback area as established in the Land Use Bylaw and is
subject to the condition that it be removed or relocated at the owner's expense upon 30 days
written notice from the Town.
72.2
Freestanding signs in non-residential districts are subject to the following regulations:
72.2.1
One (1) freestanding sign shall be allowed per lot frontage for the purpose of identifying
the use or building on that lot;
72.2.2
The sign shall be designed in a manner which is architecturally compatible with the
general character of the building and/or the surrounding streetscape, as approved by the
Development Officer/Municipal Planning Commission;
72.2.3
The maximum sign face area of the freestanding sign shall not exceed 0.2 square
metres in area for each metre in street frontage for a developed site to maximum of 10
square metres.
72.2.4
The maximum height of the freestanding sign shall not exceed 9.0 m;
72.2.5
The sign may be illuminated, but shall not have flashing or intermittent lights or device or
mechanism that creates the impression of flashing or intermittent lights. Reader board
signs are however permitted.
72.2.6
At the discretion of the Development Officer/Municipal Planning Commission,
landscaping may be required at the base of the sign; and
2190-25
Page 82
72.2.7
The bottom of freestanding signs shall be a minimum of 3.6 m above grade, unless a
lesser distance is approved by the Development Officer/Municipal Planning Commission,
and the space between the bottom of the sign and the grade shall be unobstructed,
except for such supports as the sign may require.
72.2.8
When the proposed sign is adjacent or in close proximity to a residential district, the sign
shall not, in the opinion of the Development Office/Municipal Planning Commission,
conflict with the use, enjoyment, or safety of the neighbouring residential parcels.
72.3
Freestanding signs in residential districts shall be permitted under the following provisions:
72.3.1
One identification freestanding sign may be allowed to identify the name of an
apartment, multi-family complex, mobile home park or a subdivision, and which does not:
exceed 3.0 square metres in area; project within 0.6 metres from the property line; or
exceed 3.5 metres in height.
72.3.2
Freestanding signs identifying the name of the community, neighbourhood, or
subdivision shall blend in with the architecture or development theme of the surrounding
area; and
72.3.3
A neighbourhood identification sign shall not contain an advertisement in any form but
may contain the name or logo of the company or companies which developed the
neighbourhood.
72.3.4
A sign located in a residential area shall not be illuminated, animated or flashing.
Section 73:
Painted Wall Signs
73.1
A painted wall sign shall not exceed 3.0 m in height and 9.0 m in length.
73.2
Only one sign per wall is permitted.
73.3
Notwithstanding Section 72.1, a painted wall mural may be the entire length and height of an
exterior wall providing the design has been approved by the Development Officer/Municipal
Planning Commission, and under the following provisions;
73.3.1
A painted wall mural may only be permitted in Commercial, Industrial and Public Use
Districts.
2190-25
Page 83
Figure 73-1: Painted Wall Signs and Projecting Signs
Section 74:
Portable and Inflatable Signs
74.1
Portable Signs Permits will be issued in accordance with the regulations and will be valid for twelve
(12) months from the date of issue.
74.2
Portable Sign regulations include:
74.2.1
No portable signs shall be located in the environmental open space or public use
districts;
74.2.2
A portable sign shall not exceed 4.5 m² per face, nor shall any such sign exceed 3.0 m in
height from grade;
74.2.3
A portable sign shall be installed, serviced, removed and accessed from the property on
which the sign is located;
74.2.4
No portable sign shall be illuminated or employ any flashing or sequential lights or any
mechanical or electronic device to produce or stimulate motion, or to be confused with
traffic signs;
74.2.5
A portable sign shall not interfere with pedestrian and/or vehicle traffic;
74.2.6
A portable sign must be setback a minimum of 1.5 metres from any Town of Stettler
pathway or sidewalk to ensure a safe and efficient distance for sweeping and snow
clearing;
74.2.7
A portable sign must be setback a minimum of 15 metres from any intersection of a
public roadway or crosswalk; measurement to be determined from the edge of the public
roadway or crosswalk, whichever is greater. This measurement is subject to increase at
the discretion of the Development Authority due to intersection specifications and
obstructing of traffic;
2190-25
Page 84
74.2.8
A portable sign must maintain a minimum separation distance of 35 metres from another
portable sign;
74.2.9
A portable sign must be stabilized but shall not use unsightly or potentially hazardous
methods;
74.2.10 A portable sign shall be removed immediately on ceasing to be in use or becoming
seasonally irrelevant; and
74.2.11 The owner/applicant of any portable sign shall ensure that the area under and around
the portable sign is maintained with grass not exceeding twenty (20) centimetres in
length;
74.2.11.a.1
The owner/applicant shall ensure maintenance under and around the
portable sign is complete by the twentieth of each month within the growing
season, in accordance with Section 73.2.11.
74.2.12 A portable sign shall at all times be maintained in good condition and, specifically, shall
contain lettering and signage which is secure and complete. Any damaged or missing
signage must be repaired within 24 hours of knowledge of same coming to the attention
of the permit holder.
74.2.13 The owner/applicant of any portable sign shall indemnify and save harmless the Town of
Stettler from any and all losses, costs, damages, actions, causes of action, suits, claims
and demands resulting from anything done or omitted to be done by the owner/applicant
in relation to a portable sign.
74.2.14 All portable sign locations and preferences will be given to the Town of Stettler and
Alberta Transportation operations. Any portable signs that impact Town of Stettler or
Alberta Transportation operations must be removed upon 24 hours verbal or written
notice at the discretion of the Development Authority and in accordance with 73.2.14.
74.2.15 Where a portable sign is located on a road allowance, right of way or property owned by
the Town of Stettler, the Development Authority may revoke a portable sign development
permit on providing 24 hours verbal or written notice.
74.3
Portable Signs development permit application requirements include:
74.3.1
Municipal Address of proposed sign location;
74.3.2
Name and Address of sign owner;
74.3.3
Name and Address of the sign tenant / advertiser;
74.3.4
Name, Address and Consent of the property owner or adjoining property owner.
74.4
Inflatable Signs:
74.4.1
An inflatable sign shall be tethered or anchored and shall be touching the surface to
which it is anchored;
74.4.2
An inflatable sign shall not exceed the maximum free standing sign height allowed (9.0
m) from the surface it is placed on;
74.4.3
There shall be a maximum of one (1) inflatable sign per site, but no inflatable sign shall
be permitted on the site containing any other portable sign; and
74.4.4
An inflatable sign may be placed on a site twice within a calendar year, but not for more
than 30 days at a time.
2190-25
Page 85
Section 75:
Projecting Signs
75.1
No projecting sign shall be erected so that the bottom thereof is less than 2.8 m above the
sidewalk; provided however, where traffic lights may be obscured in the opinion of the
Development Officer/Municipal Planning Commission, the minimum requirement for the bottom of
the projecting sign may be increased to a height of 3.6 m or more above the sidewalk.
75.2
All projecting signs shall maintain the required clearance from overhead power and service lines as
required forth under The Electrical Protection Act.
75.3
The maximum area of a projecting sign shall be 4.5 m2.
75.4
The nearest edge of a projecting sign shall not be set off more than 0.3 m from the building face.
Section 76:
Wall Signs
76.1
Wall signs shall be securely fastened to walls and shall not be entirely supported by an unbraced
parapet wall.
76.2
The maximum horizontal dimension of a wall sign shall be 6.0 m.
2190-25
Page 86
TEN: Land Use Districts
Section 77:
Establishment of Land Use Districts
77.1
For the purpose of this Bylaw the Town of Stettler is divided into the following districts:
Residential Low Density
R1
Residential Low Density Narrow Lot
R1A
Residential Low Density Large Lot
R1B
Residential General
R2
Residential Mixed
R2A
Residential Mobile Home Park
R3
Residential Mobile Home Subdivision
R3A
Residential Small Holdings
R4
Direct Control Residential 1
DC1
Direct Control Residential 2
DC2
Commercial Central
C1
Commercial Transitional
C1A
Commercial Highway
C2
Commercial Neighbourhood
C3
Industrial
I
Direct Control Commercial Neighbourhood
DC3
Public Use
P
Environmental Open Space
EOS
Urban Reserve
UR
Urban Reserve Direct Control
DC4
Overlay Airport
OA
Overlay Meadowlands by the Park
OM
Direct Control Residential District 3
DC5
77.2
The boundaries of the districts listed in this Bylaw are as delineated in Schedule A, Land Use
District Map.
77.3
Where uncertainty exists as to the boundaries of districts as delineated in the Land Use District
Map, the following rules shall apply:
77.3.1
Where a boundary is shown as following a street, lane, railway or creek, it shall be
deemed to follow the centre line thereof.
77.3.2
Where a boundary is shown as approximately following a lot line, it shall be deemed to
follow the lot line.
77.3.3
Where land use districts have been established in accordance with a proposed
subdivision of land, the districts shall be understood to conform to the Certificate of Title
or the Plan of Survey when registered in a land title office. Prior to the registration, the
district boundary shall be determined on the basis of the scale of the map.
77.4
The district standards of this Bylaw do not apply to roads, lanes, or other public thoroughfares.
2190-25
Page 87
Table 77-1: Residential Land Uses
P = Permitted D = Discretionary
Land Use Type
Land Use District
R1
R1A
R1B
R2
R2A
R3
R3A
R4
DC1
DC2 DC4 DC5
Accessory Building
P
P
P
P
P
P
P
P
P
D
P
Accessory Use
D
D
D
D
D
D
Apartment Building
D
D
D
Assisted Living Facility
D
D
D
Basement Suite - Dwelling,
Single Detached Only
D
D
D
Bed and Breakfast Facility
D
D
D
D
Boarding Facility
D
D
D
Building Demolition/Removal
P
P
P
P
P
P
P
P
P
P
P
Clinic
D
Day Care Facility
D
D
Deck
P
P
P
P
P
P
P
P
P
D
P
Dwelling, Above Ground Floor
Business
D
Dwelling, Duplex
D
P
P
D
P D
P
Dwelling, Fourplex
D
P
D
Dwelling, Row House
D
P
P
D
Dwelling, Single Detached
P
P
P
P
P
P
P
P
Dwelling, Triplex
D
P
D
Farming
D
Florist Shop
D
Funeral Home
D
D
D
Garden Suite
D
D
D
D
Group Care Facility
D
D
D
Home Occupation
P
P
P
P
P
P
P
P
P
P
P
Mobile Home
P/D
P/D
Office Building
D
Park Models
P/D
Personal Service Shop
D
Public Assembly
P
P
P
P
P
P
Public Use
P
P
P
P
P
P
P
P
P
2190-25
Page 88
Recreation Facility
D
Sign
D
D
D
D
D
D
D
D
Solar Energy Infrastructure
P
P
P
P
P
P
P
P
P
P
P
Temporary Structure
D
D
D
D
D
D
D
D
D
D
D
Utility Building
D
D
D
D
D
D
D
D
D
Table 77-2: Commercial and Industrial Land Uses
Land Use Type
Land Use District
C1
C1A
C2
C3
I
Abattoir
D
Accessory Building
D
D
D
D
P
Accessory Use
D
D
D
D
D
Aggregate Stockpiling
D
Aggregate Stockpiling, Temporary
D
Aggregate Storage Area
D
Animal Services - Kennel
D
D
Animal Services - Large Animal
D
D
D
Animal Services - Small Animal
P
D
P
P
Apartment Building
D
P
Asphalt Plant, Portable
D
Asphalt Processing and Storage
D
Autobody and Repair Shop
P
Automobile and Recreational Vehicle Sales and
Rentals
P
D
Automobile Repair Garage
P
P
Automobile Service Station
P
Automobile Supply Store
P
P
P
Auto Wrecker
D
Bank/Financial Institution
P
P
Basement Suite - Dwelling, Single Detached Only
D
Bottled Gas, Sales and Storage
D
Building Demolition/Removal
P
P
P
P
P
Bulk Chemical Storage
D
Bulk Fuel Station
D
Cannabis Production Facility
D
Cannabis Retail Sales
P
P
P
Clinic
P
P
P
P
Club
D
Communication Tower
D
D
D
Concrete Manufacturing/Plant
D
Construction Yard
D
Contracting Services, Major
D
P
2190-25
Page 89
Contracting Services, Minor
P
D
P
P
Convenience Food Store
P
P
P
P
Data Centre
D
Day Care Facility
P
P
Deck
D
D
D
D
Dry Cleaning and Laundry Depot /Plant
P
D
Dwelling, Above Ground Floor Business
P
P
D
D
Dwelling, Row House
P
Dwelling, Single Detached
D
Farm Supply Store
P
Feed Mills, Grain and/or Fertilizer Elevators
P
Florist Shop
P
P
P
P
Food and/or Beverage Service Facility
P
P
P
D
D
Gaming or Gambling Establishment
D
Gas Bar
P
D
Handicraft Business
P
P
Heavy Truck/Equipment and Mobile Home Sales,
Repair and Rental
D
P
Hotel
P
Industry/Manufacturing - Large Scale
D
Industry/Manufacturing - Small Scale
P
Industry - Petrochemical
D
Laboratory
P
Landfill Operation
D
Laundromat
P
P
D
Light Equipment Repair/Rental
P
P
Livestock Auction Mart
D
Motel
P
Office Building
P
P
P
Oilfield Support Services
D
Parking Facility
D
D
D
Personal Service Shop
P
P
P
P
Pharmacy
P
P
P
Propane Transfer Facility
D
Public Assembly
D
P
Public Use
P
P
P
P
D
Railway Use
D
Recreation Facility
D
D
D
D
Recreational Amusement Park
D
Recycling Depot
D
D
Research Facility
Retail Store
P
P
P
D
Salvage Yard
D
Seed Cleaning Plant
D
2190-25
Page 90
Shopping Centre
P
Sign
P
P
P
D
P
Similar Use
D
D
D
D
Studio
P
P
P
Solar Energy Infrastructure
P
P
P
P
P
Storage - Indoor
P
Storage - Outdoor
D
Tanker Truck Washing Facility
D
D
Taxi/Bus Depot
D
D
Temporary Mobile Commercial Sales
D
D
Temporary Structure
P
Theatre
P
Theatre - Movie
P
P
Transport/Truck Operation
P
Truck Stop
P
Utility Building
D
D
D
P
Vehicle Wash
D
P
P
2190-25
Page 91
Section 78:
R1 Residential Low Density District
78.1
Purpose:
To provide an area for single detached residential development.
78.2
Uses:
Permitted Uses
Discretionary Uses
Accessory Building
Building Demolition/Removal
Deck
Dwelling, Single Detached
Home Occupation
Public Assembly
Public Use
Solar Energy Infrastructure
Accessory Use
Bed and Breakfast Facility
Dwelling, Duplex (Existing)
Sign
Temporary Structure
Utility Building
78.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations
shall apply to every development in this district.
Site Coverage
40%
Minimum Floor Area
100 square metres
Maximum Building Height
10.0 m
Minimum Parcel Area
Interior Parcels 550 square metres
Corner Parcels 600 square metres
Double Fronting Yards
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the setback
requirements of this Bylaw.
Front Yard Setback
6.5 m
Side Yard Setback
1.5 m except where it abuts a public roadway 3.0 m
Rear Yard Setback
7.5 m
Landscaping
35% of Site Area
Parking
A two car parking area shall be provided in accordance with
Part Eight of this Bylaw. OR Part Eight of this Bylaw.
Accessory Buildings
Section 34 of this Bylaw.
2190-25
Page 92
Section 79:
R1A Residential Low Density Narrow Lot District
79.1
Purpose:
This district is generally intended to accommodate detached dwellings in areas where the lots and
dwellings are smaller than those found in R1 District, thereby, allowing for a broad mix of housing
sizes in the community.
79.2
Uses:
Permitted Uses
Discretionary Uses
Accessory Building
Building Demolition/Removal
Deck
Dwelling, Single Detached
Home Occupation
Public Assembly
Public Use
Solar Energy Infrastructure
Accessory Use
Temporary Structure
Utility Building
79.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations
shall apply to every development in this district.
Site Coverage
40%
Minimum Floor Area
80 square metres
Maximum Building Height
10.0 m
Minimum Parcel Area
Interior Parcels 460 square metres
Corner Parcels 510 square metres
Double Fronting Yards
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the setback
requirements of this Bylaw.
Front Yard Setback
6.0 m
Side Yard Setback
1.5 m except where it abuts a public roadway 3.0 m
Rear Yard Setback
7.5 m except on corner or double fronting lots.
Landscaping
35% of Site Area
Parking
A two car parking area shall be provided in accordance with Part
Eight of this Bylaw. OR Part Eight of this Bylaw.
Accessory Buildings
Section 34 of this Bylaw.
2190-25
Page 93
Section 80:
R1B Residential Low Density Large Lot District
80.1
Purpose:
This district is generally intended to provide for low density residential development in the form of
detached dwellings which are larger than those found in the R1 District, thereby, allowing for a
broad mix of housing sizes in the community.
80.2
Uses:
Permitted Uses
Discretionary Uses
Accessory Building
Building Demolition/Removal
Deck
Dwelling, Single Detached
Home Occupation
Public Assembly
Public Use
Solar Energy Infrastructure
Accessory Use
Garden Suite
Sign
Temporary Structure
Utility Building
80.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations
shall apply to every development in this district.
Site Coverage
30%
Minimum Floor Area
130 square metres
Maximum Building Height
10.0 m
Minimum Parcel Area
1,200 square metres
Double Fronting Yards
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the setback
requirements of this Bylaw.
Front Yard Setback
7.5 m
Side Yard Setback
3.0 m
Rear Yard Setback
7.5 m
Landscaping
35% of Site Area
Parking
A two car parking area shall be provided in accordance with Part
Eight of this Bylaw. OR Part Eight of this Bylaw.
Accessory Buildings
Section 34 of this Bylaw.
2190-25
Page 94
Section 81:
R2 Residential General District
81.1
Purpose:
To provide an area for a variety of dwelling types which are compatible with a residential area.
81.2
Uses:
Permitted Uses
Discretionary Uses
Accessory Building
Building Demolition/Removal
Deck
Dwelling, Duplex
Dwelling, Single Detached
Home Occupation
Public Assembly
Public Use
Solar Energy Infrastructure
Accessory Use
Apartment Building
Assisted Living Facility
Basement Suite
- Dwelling, Single Detached Only
Bed and Breakfast Facility
Boarding Facility
Dwelling, Fourplex
Dwelling, Row House
Dwelling, Triplex
Funeral Home
Garden Suite
Group Care Facility
Recreation Facility
Sign
Temporary Structure
Utility Building
81.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations
shall apply to every development in this district.
Site Coverage
50%
Minimum Floor Area
Maximum Building Height
Dwellings: Detached, Duplex, Fourplex, Row House, Triplex and
Group Care Facility - 10.0 m
Apartment Building - A maximum of four full storeys above
grade: flat roof - 15.0 m; sloped roof - 18.75 m
Minimum Parcel Area
Dwelling, Single Detached:
- Interior Parcels 460 square metres
- Corner Parcels 510 square metres
Dwelling, Duplex (Per Unit):
- Interior Parcels 230 square metres
2190-25
Page 95
- Corner Parcels 255 square metres
Dwelling, Triplex and Fourplex (Per Unit):
- Interior Parcels 200 square metres
- Corner Parcels 220 square metres
Dwelling, Row House (Per Unit):
- Interior Parcels 185 square metres
- Corner Parcels 275 square metres
Double Fronting Yards
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the setback
requirements of this Bylaw.
Front Yard Setback
6.0 m
Side Yard Setback
Dwelling, Duplex, Fourplex, Row House, Single Detached and
Triplex - 1.5 m except where it abuts a public roadway 3.0 m
Apartments - 3.0 m except where it abuts public roadway 6.0 m
Rear Yard Setback
7.5 m
Landscaping
25% of Site Area
Parking
A two car parking area shall be provided in accordance with Part
Eight of this Bylaw. OR Part Eight of this Bylaw.
Accessory Buildings
Section 34 of this Bylaw.
2190-25
Page 96
Section 82:
R2A Residential Mixed District
82.1
Purpose:
To provide an area for mixed residential and commercial use, with businesses offering professional
and personal services which are compatible with residential activities.
82.2
Uses:
Permitted Uses
Discretionary Uses
Accessory Building
Building Demolition/Removal
Deck
Dwelling, Duplex
Dwelling, Fourplex
Dwelling, Row House
Dwelling, Single Detached
Dwelling, Triplex
Home Occupation
Public Use
Public Assembly
Solar Energy Infrastructure
Accessory Use
Apartment Building
Assisted Living Facility
Basement Suite
- Dwelling, Single Detached Only
Bed and Breakfast Facility
Boarding Facility
Clinic
Day Care Facility
Dwelling, Above Ground Floor Business
Florist Shop
Funeral Home
Group Care Facility
Office Building
Personal Service Shop
Sign
Temporary Structure
Utility Building
82.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations
shall apply to every development in this district.
Site Coverage
At the discretion of the Development Authority
Minimum Floor Area
Maximum Building Height
Dwellings: Detached, Duplex, Fourplex, Row House, Triplex and
Group Care Facility - 10.0 m
Apartment Building - A maximum of four full storeys above
grade: flat roof - 15.0 m; sloped roof - 18.75 m
Minimum Parcel Area
Dwelling, Single Detached:
- Interior Parcels 460 square metres
- Corner Parcels 510 square metres
Dwelling, Duplex (Per Unit):
2190-25
Page 97
- Interior Parcels 230 square metres
- Corner Parcels 255 square metres
Dwelling, Triplex and Fourplex (Per Unit):
- Interior Parcels 200 square metres
- Corner Parcels 220 square metres
Dwelling, Row House (Per Unit):
- Interior Parcels 185 square metres
- Corner Parcels 275 square metres
Double Fronting Yards
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the setback
requirements of this Bylaw.
Front Yard Setback
At the discretion of the Development Authority
Side Yard Setback
Dwelling, Duplex, Fourplex, Row House, Single Detached and
Triplex - 1.5 m except where it abuts a public roadway 3.0 m
Apartments - 3.0 m except where it abuts public roadway 6.0 m
Commercial - Nil
Rear Yard Setback
Residential - 7.5 m
Commercial - Shall be provided for parking and loading spaces
Landscaping
Residential - 25% of Site Area
Commercial - At the discretion of the Development Authority
Parking
Residential - A two car parking area shall be provided in
accordance with Part Eight of this Bylaw. OR Part Eight of this
Bylaw.
Commercial - Part Eight of this Bylaw.
Accessory Buildings
Section 34 of this Bylaw.
2190-25
Page 98
Section 83:
R3 Residential Mobile Home Park District
83.1
Purpose:
To provide an area for and to regulate the development and use of land for mobile homes, and
other uses herein listed, which are compatible with a residential area and located with
comprehensively designed parks wherein sites are rented or owned as part of a condominium.
83.2
Uses:
Permitted Uses
Discretionary Uses
Accessory Building
Building Demolition/Removal
Deck
Home Occupation
Mobile Homes < Eight (8) years of age
from the date of Development Permit
Application
Park Models < Eight (8) years of age from
the date of Development Permit
Application
Public Use
Solar Energy Infrastructure
Mobile Homes > Eight (8) years of age from the
date of Development Permit Application
Park Models > Eight (8) years of age from the
date of Development Permit Application
Signs related to the Mobile Home Park
Temporary Structure
Utility Building
83.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations
shall apply to every development in this district.
Site Coverage
Maximum 35%
Minimum Floor Area
Mobile Home - 66.0 square metres
Park Model - 44.0 square metres
Maximum Building Height
Minimum Park Size
2.0 hectares
Minimum Site Width
12.0 m
Maximum Gross Density
20 units per hectare
Setbacks
7.0 m from any park boundary
3.0 m from any internal access road or common parking area.
6.0 m from any front lot line.
1.5 m from any side lot line.
3.0 m from any rear lot line.
Landscaping
Accessory Buildings
Section 34 of this Bylaw.
Roadways
Roadways shall have at least 12.0 metre right of way and a
carriageway of no less than 8.0 metres in width.
2190-25
Page 99
Additional Regulations
1. A site plan shall be required prior to the development of
land in this district. The plan must include the following to
the satisfaction of the Development Authority: access, road
system, walkway system and site plan showing dimensions
and structures; provision for on-site garbage collection
facilities; open space at a minimum of 5% of the park,
designated for recreational and playground use, provision
of a landscaped buffer of 4.6 m or greater between any
mobile home/park model and the lot line bounding the
manufactured home park; provisions for outdoor lighting;
identification and directional signs; location of parking
aprons (hard surfaced) for every proposed lot; proposed
location of mobile home for every lot; proposed landscaping
of the individual lots and throughout the park; screened
storage compound for trucks, trailers, campers,
snowmobiles, boats, etc; shall establish guidelines and
standards satisfactory to the Development Authority
governing design and materials of carports, patios, storage
buildings, skirting, fences, fuel storage and supply facilities
and other attached or detached structures; and such other
information as deemed necessary by the Development
Authority.
2. Within the mobile home park no mobile homes and park
models, including attached structures, shall be within 3.0 m
(9.8 feet) from any other mobile home or park model,
including any attached structures or permanent park
structures that are located directly on the opposite side of a
park street.
3. All mobile homes and park models shall have CSA and
Alberta Building Standards (ABS) label numbers.
4. Equipment used for transportation of mobile homes shall be
removed from the dwelling and finishing installed within 30
days of placement.
5. All attached or accessory structures such as room
additions, porches, sun rooms, garages and garden sheds
shall be a factory prefabricated units or of an equivalent
quality and shall be pre-finished or painted so that the
design and construction complements the principal
building.
6. The roof line of any addition shall not exceed the height of
the dwelling.
7. A lot may be used only for the siting of one mobile home or
park model.
8. Designated visitor parking areas shall be evenly distributed
throughout the park, and each visitor parking shall include a
minimum of three parking stalls:
2190-25
Page 100
9. Pursuant to the Municipal Government Act, the owner or
agent of every designated mobile home park in the Town
shall notify the assessor of the Town in writing of: any
mobile homes or park models locating in the park, or
moving to a different site within the park, within 10 days of
the changes with the following information; name and
address of the owner of the mobile home or park model;
make and serial number of the mobile home or park model,
site location of the unit within the park; and any change of
ownership or any removal of a mobile home from the park
10 days prior to change or removal.
10. The storage area for vehicles, recreation vehicles, water
craft and other items that cannot be stored on a mobile
home lot shall, where possible, be provided with a minimum
of 19 m2 (205 square feet) of storage area per mobile
home lot.
11. A storage area shall be enclosed or screened by trees,
landscape features or fences or a combination thereof to
the satisfaction of the Development Authority.
12. No vehicle over 4,536 kilograms (9,979 lbs.) shall be
parked on a mobile home park lot or mobile home park
street for longer than is reasonably required to load or
unload such vehicle.
13. No vehicle greater that 7.6 m (24.9 feet) in length may be
parked on a mobile home lot within a mobile home park.
14. No more than one recreation vehicle or trailer may be
parked on a lot within a mobile home park. A licensed
recreation vehicle, owned by a temporary guest of the
occupants, may be parked on that lot, regardless of its size,
for a period not exceeding two weeks.
15. The outdoor storage of materials, products, equipment or
machinery shall not be permitted in this district except in
designated storage areas.
16. All utility lines shall be placed underground or as may be
stipulated in a development agreement.
17. Mobile home parks shall be fully serviced with approved
common water distribution and sewage collection systems.
2190-25
Page 101
Section 84:
R3A Residential Mobile Home Subdivision District
84.1
Purpose:
To provide an area for and to regulate the development and use of land for mobile homes, and
other uses herein listed, which are compatible with a residential area on separately registered
parcels.
84.2
Uses:
Permitted Uses
Discretionary Uses
Accessory Building
Building Demolition/Removal
Deck
Home Occupation
Mobile Homes < Eight (8) years of age
from the date of Development Permit
Application
Public Use
Solar Energy Infrastructure
Mobile Homes > Eight (8) years of age from the
date of Development Permit Application
Signs related to the Mobile Home Park
Temporary Structure
Utility Building
84.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations
shall apply to every development in this district.
Site Coverage
35%
Minimum Floor Area
66.0 square metres
Maximum Building Height
Minimum Parcel Area
Interior Parcels - 490 square metres.
Corner Parcels - 560 square metres.
Double Fronting Yards
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the setback
requirements of this Bylaw.
Front Yard Setback
6.0 m
Side Yard Setback
1.5 m except where it abuts a public roadway 3.0 m
Rear Yard Setback
3.0 m
Landscaping
35% of Site Area.
Parking
A two car parking area shall be provided in accordance with Part
Eight of this Bylaw. OR Part Eight of this Bylaw.
Accessory Buildings
Section 34 of this Bylaw.
2190-25
Page 102
Section 85:
R4 Residential Small Holdings District
85.1
Purpose:
To provide an area for low density residential development in the form of detached dwellings and
compatible uses, herein listed, which may be connected to the municipal water and sewer system,
and which are capable of re-subdivision into residential parcels roughly equivalent to those
required in the R1B District.
85.2
Uses:
Permitted Uses
Discretionary Uses
Accessory Building
Building Demolition/Removal
Deck
Dwelling, Single Detached
Home Occupation
Public Use
Solar Energy Infrastructure
Garden Suite
Sign
Temporary Structure
Utility Building
85.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations
shall apply to every development in this district.
Site Coverage
10%
Minimum Floor Area
100 square metres
Maximum Building Height
10.0 m
Minimum Parcel Area
0.40 hectares
Double Fronting Yards
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the setback
requirements of this Bylaw.
Front Yard Setback
10.0 m
Side Yard Setback
1.5 m except where it abuts a public roadway 3.0 m
Rear Yard Setback
15.0 m
Landscaping
50% of the Site Area.
Parking
A two car parking area shall be provided in accordance with Part
Eight of this Bylaw. OR Part Eight of this Bylaw.
Accessory Buildings
Section 34 of this Bylaw.
Building Orientation
Notwithstanding the foregoing regulations, all buildings shall be
oriented and located to facilitate re-subdivision into residential
parcels, roughly equivalent to those required in the R1B District.
2190-25
Page 103
Section 86:
DC1 Direct Control Residential District 1
86.1
Purpose:
To provide an area for affordable residential development that enhances the area while
incorporating specific building orientation and architectural design that creates an acceptable
transition from adjacent residential use.
86.2
Uses:
Permitted Uses
Discretionary Uses
Accessory Building
Building Demolition/Removal
Deck
Dwelling, Row House
Home Occupation
Solar Energy Infrastructure
Dwelling, Duplex
Temporary Structure
86.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations
shall apply to every development in this district.
Site Coverage
45%
Minimum Floor Area
At the discretion of the Development Authority.
Maximum Building Height
9.0 m
Minimum Parcel Area
Dwelling, Duplex (Per Unit):
- Interior Parcels 230 square metres
- Corner Parcels 255 square metres
Dwelling, Row House (Per Unit):
- Interior Parcels 185 square metres
- Corner Parcels 275 square metres
Minimum Parcel Depth
30.0 m
Double Fronting Yards
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the setback
requirements of this Bylaw.
Front Yard Setback
6.0 m
Side Yard Setback
1.5 m except where it abuts a public roadway 3.0 m
Rear Yard Setback
7.5 m
Landscaping
25% of the Site Area.
Parking
A two car parking area shall be provided in accordance with Part
Eight of this Bylaw. OR Part Eight of this Bylaw.
Accessory Buildings
Section 34 of this Bylaw.
2190-25
Page 104
Section 87:
DC2 Direct Control Residential District 2
87.1
Purpose:
To provide for residential development requiring acceptable structural and architectural designs
that complement and enhance the existing and/or proposed physical environment of the area.
87.2
Uses:
Permitted Uses
Discretionary Uses
Building Demolition/Removal
Dwelling, Single Detached
Home Occupation
Solar Energy Infrastructure
Accessory Building
Deck
Dwelling, Duplex
Temporary Structure
87.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations
shall apply to every development in this district.
Site Coverage
40%
Minimum Floor Area
As established by Council
Maximum Building Height
10.0 m
Minimum Parcel Area
As established by Council
Double Fronting Yards
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the setback
requirements of this Bylaw.
Front Yard Setback
6.0 m
Side Yard Setback
1.5 m except where it abuts a public roadway 3.0 m
Rear Yard Setback
7.5 m
Landscaping
35% of the Site Area.
Parking
A two car parking area shall be provided in accordance with Part
Eight of this Bylaw. OR Part Eight of this Bylaw.
Accessory Buildings
Section 34 of this Bylaw.
2190-25
Page 105
Section 88:
C1 Commercial Central District
88.1
Purpose:
To provide for an area for intensive commercial use, offering a wide variety of goods and services
and other uses, herein listed, which are compatible with the area, which will create an attractive
environment for pedestrians, but which will be accessible to motor vehicles.
88.2
Uses:
Permitted Uses
Discretionary Uses
Animal Services - Small Animal
Automobile Supply Store
Bank/Financial Institution
Building Demolition/Removal
Cannabis Retail Sales
Caterer
Clinic
Contracting Services, Minor
Convenience Food Store
Day Care Facility
Dry Cleaning and Laundry Depot/Plant
Dwelling Units Above Ground Floor
Business
Florist Shop
Food and/or Beverage Service Facility
Handicraft Business
Laundromat
Light Equipment Repair/Rental
Office Building
Personal Service Shop
Pharmacy
Public Use
Retail Store
Sign
Solar Energy Infrastructure
Studio
Theatre
Theatre - Movie
Accessory Building
Accessory Use
Apartment Building
Basement Suite
- Dwelling, Single Detached Only
Communication Tower
Deck
Dwelling, Single Detached (Existing)
Parking Facility
Public Assembly
Recreation Facility
Recycling Depot
Similar Use
Taxi/Bus Depot
Temporary Mobile Commercial Sales
Utility Building
Vehicle Wash
88.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations
shall apply to every development in this district.
2190-25
Page 106
Site Coverage
100%
Minimum Floor Area
At the discretion of the Development Authority.
Maximum Building Height
A maximum of four full storeys above grade: flat roof - 15.0 m;
sloped roof - 18.75 m
Minimum Parcel Area
At the discretion of the Development Authority.
Double Fronting Yards
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the setback
requirements of this Bylaw.
Front Yard Setback
Nil
Side Yard Setback
Nil
Rear Yard Setback
Shall be provided for parking and loading spaces.
Landscaping
Section 50 of this Bylaw.
Parking and Loading
Part 8 of this Bylaw.
Outdoor Storage and
Display
Outdoor storage and display is not permitted except sidewalk
sales. Garbage storage shall be confined to a designated area
and shall not have an adverse affect on the use or circulation on
the parcel or adjacent parcels.
Accessory Buildings
Section 34 of this Bylaw.
Dwelling Unit Entrance
Dwelling units shall have an entrance separate from the entrance
to any commercial component of the building.
Additional Regulations
Refer to Section 99.
2190-25
Page 107
Section 89:
C1A Commercial Transitional District
89.1
Purpose:
To provide an area for mixed residential and commercial use, with businesses offering a variety of
goods and services which are compatible with residential activities, where a transition to the central
commercial district is intended.
89.2
Uses:
Permitted Uses
Discretionary Uses
Apartment Building
Building Demolition/Removal
Clinic
Convenience Food Store
Dwelling, Above Ground Floor Business
Dwelling, Row House
Florist Shop
Food and/or Beverage Service Facility
Office Building
Personal Service Shop
Public Use
Retail Store
Sign
Solar Energy Infrastructure
Studio
Accessory Building
Accessory Use
Animal Services - Large Animal
Animal Services - Small Animal
Contracting Services, Minor
Contracting Services, Major
Deck
Parking Facility
Recreation Facility
Similar Use
Utility Building
89.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations
shall apply to every development in this district.
Site Coverage
100% provided that provision has been made for on-site parking,
loading, and waste disposal to the satisfaction of the
Development Officer/Municipal Planning Commission.
Minimum Floor Area
At the discretion of the Development Authority.
Maximum Building Height
A maximum of four full storeys above grade: flat roof - 15.0 m;
sloped roof - 18.75 m
Double Fronting Yards
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the setback
requirements of this Bylaw.
Front Yard Setback
Nil.
Side Yard Setback
Nil.
Rear Yard Setback
Shall be provided for parking and loading spaces.
Landscaping
Section 50 of this Bylaw.
2190-25
Page 108
Parking and Loading
Part 8 of this Bylaw.
Outdoor Storage and
Display
Outdoor storage or display is not permitted, except for existing
business as of September 1, 2006.
Accessory Buildings
Section 34 of this Bylaw.
Dwelling Unit Entrance
Dwelling units shall have an entrance separate from the entrance
to any commercial component of the building.
Additional Regulations
Refer to Section 99.
2190-25
Page 109
Section 90:
C2 Commercial Highway District
90.1
Purpose:
To provide an area for commercial uses which are compatible with the area, adjacent to a major
thoroughfare, which requires large open areas for parking by clientele, for display of merchandise,
or both, which will create an attractive environment, primarily accessible to motor vehicles.
90.2
Uses:
Permitted Uses
Discretionary Uses
Animal Services - Small Animal
Automobile and Recreational Vehicle
Sales and Rental
Automobile Repair Garage
Automobile Service Station
Automobile Supply Store
Bank/Financial Institution
Building Demolition/Removal
Cannabis Retail Sales
Clinic
Contracting Services, Minor
Convenience Food Store
Farm Supply Store
Florist Shop
Food and/or Beverage Service Facility
Gas Bar
Handicraft Business
Hotel
Laundromat
Light Equipment Repair/Rental
Motel
Office Building
Personal Service Shop
Pharmacy
Public Use
Retail Store
Shopping Centre
Sign
Solar Energy Infrastructure
Studio
Theatre - Movie
Truck Stop
Vehicle Wash
Accessory Building
Accessory Use
All Permitted Uses within the I District
Animal Services - Kennel
Animal Services - Large Animal
Communication Tower
Daycare Facility
Deck
Dry Cleaning and Laundry Plant/Depot
Dwelling, Above Ground Floor
Business
Gaming or Gambling Establishment
Heavy Truck/Equipment and Mobile Home
Sales, Repair and Rental
Parking Facility
Recreational Amusement Park
Recreation Facility
Recycling Depot
Similar Use
Tanker Truck Washing Facility
Taxi/Bus Depot
Temporary Mobile Commercial Sales
Utility Building
2190-25
Page 110
90.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations
shall apply to every development in this district.
Site Coverage
At the discretion of the Development Authority.
Minimum Floor Area
At the discretion of the Development Authority.
Maximum Building Height
A maximum of four full storeys above grade: flat roof - 15.0 m;
sloped roof - 18.75 m
Minimum Parcel Area
At the discretion of the Development Authority.
Minimum Parcel Frontage
15 m adjacent to a service road
46 m without a service road
Double Fronting Yards
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the setback
requirements of this Bylaw.
Front Yard Setback
9.0 m
Side Yard Setback
3.0 m
Rear Yard Setback
3.0 m
Landscaping
Section 50 of this Bylaw.
Parking and Loading
Part 8 of this Bylaw.
Outdoor Storage and
Display
Outdoor storage and display is permitted at the discretion of the
Development Authority. not permitted except sidewalk sales.
Garbage storage shall be confined to a designated area and shall
not have an adverse affect on the use or circulation on the parcel
or adjacent parcels.
Accessory Buildings
Section 34 of this Bylaw.
Additional Regulations
Refer to Section 99.
2190-25
Page 111
Section 91:
C3 Commercial Neighbourhood District
91.1
Purpose:
To provide an area for neighbourhood commercial uses which are compatible with surrounding
residential land uses.
91.2
Uses:
Permitted Uses
Discretionary Uses
Building Demolition/Removal
Clinic
Convenience Food Store
Day Care Facility
Florist Shop
Personal Service Shop
Pharmacy
Public Assembly
Public Use
Solar Energy Infrastructure
Accessory Building
Accessory Use
Club
Deck
Dwelling, Above Ground Floor Business
Food and/or Beverage Service Facility
Gas Bar
Laundromat
Recreation Facility
Retail Store
Sign
91.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations
shall apply to every development in this district.
Site Coverage
15%
Minimum Floor Area
At the discretion of the Development Authority.
Maximum Building Height
10.0 m
Minimum Parcel Area
0.2 hectares
Double Fronting Yards
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the setback
requirements of this Bylaw.
Front Yard Setback
7.5 m
Side Yard Setback
3.0 m
Rear Yard Setback
6.0 m
Landscaping
Section 50 on this Bylaw,
Parking and Loading
Part 8 of this Bylaw.
Outdoor Storage and
Display
Outdoor storage and display is not permitted.
Garbage storage shall be confined to a designated area and shall
not have an adverse affect on the use or circulation on the parcel
or adjacent parcels.
Accessory Buildings
Section 34 of this Bylaw.
2190-25
Page 112
Section 92:
I Industrial District
92.1
Purpose:
To provide an area for industrial uses and other uses herein listed, which are compatible with the
area.
92.2
Uses:
Permitted Uses
Discretionary Uses
Accessory Building
Animal Services - Small Animal
Autobody and Repair Shop
Automobile Repair Garage
Automobile Supply Store
Building Demolition/Removal
Cannabis Retail Sales
Contracting Services, Major
Contracting Services, Minor
Feed Mills, Grain and/or Fertilizer
Elevators
Heavy Truck/Equipment and Mobile Home
Sales, Repair and Rental
Industry/Manufacturing - Small Scale
Laboratory
Sign
Solar Energy Infrastructure
Storage - Indoor
Temporary Structure
Transport/Truck Operation
Utility Building
Vehicle Wash
Abattoir
Accessory Use
Aggregate Stockpiling
Aggregate Stockpiling, Temporary
Aggregate Storage Area
All those uses listed as either permitted or
discretionary uses with the C1 & C2 Districts
Animal Services - Kennel
Animal Services - Large Animal
Asphalt Plant, Portable
Asphalt Processing and Storage
Automobile and Recreational Vehicle Sales and
Rentals
Auto Wrecker
Bottled Gas, Sales and Storage
Bulk Chemical Storage
Bulk Fuel Station
Cannabis Production Facility
Communication Tower
Concrete Manufacturing/Plant
Construction Yard
Data Centre
Food and/or Beverage Service Facility
Industry/Manufacturing - Large Scale
Industry - Petrochemical
Landfill Operation
Livestock Auction Mart
Oilfield Support Services
Propane Transfer Facility
Public Use
Railway Use
Salvage Yard
Seed Cleaning Plant
Similar Use
Storage - Outdoor
Tanker Truck Wash Facility
2190-25
Page 113
92.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations
shall apply to every development in this district.
Site Coverage
At the discretion of the Development Authority.
Minimum floor Area
At the discretion of the Development Authority.
Maximum Building Height
A maximum of four full storeys above grade: flat roof - 15.0 m;
sloped roof - 18.75 m
Minimum Parcel Area
At the discretion of the Development Authority.
Minimum Parcel Frontage
15.2 m
Double Fronting Yards
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the setback
requirements of this Bylaw.
Front Yard Setback
9.0 m
Side Yard Setback
0 m except where it abuts a public roadway or residential district
- 3.0 m
Rear Yard Setback
0 m except where it abuts a public roadway or residential district
- 3.0 m
Landscaping
Section 50 of this Bylaw.
Parking and Loading
Part 8 of this Bylaw.
Outdoor Storage and
Display
All outdoor storage and display shall be screened from residential
districts. Storage is not allowed in the front yard.
Garbage storage shall be confined to a designated area on the
parcel. Garbage storage shall not have an adverse impact on the
use or circulation on the parcel or adjacent parcels.
Accessory Buildings
Section 34 of this Bylaw.
Additional Regulations
Refer to Section 99.
2190-25
Page 114
Section 93:
DC3 Direct Control Commercial Neighbourhood District
93.1
Purpose:
To provide for a transitional area that is compatible with the general nature of the neighbourhood.
93.2
Uses:
Permitted Uses
Discretionary Uses
Such uses as deemed by Council to be
compatible with the general nature of the
neighbourhood.
Existing businesses at the time of final passing
of this Bylaw.
93.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations
shall apply to every development in this district.
Site Coverage
At Council's discretion.
Floor Area
At Council's discretion.
Maximum Building Height
At Council's discretion.
Minimum Parcel Area
At Council's discretion.
Double Fronting Yards
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the setback
requirements of this Bylaw.
Front Yard Setback
At Council's discretion.
Side Yard Setback
At Council's discretion.
Rear Yard Setback
At Council's discretion.
Landscaping
At Council's discretion.
Parking
At Council's discretion.
Accessory Buildings
At Council's discretion.
2190-25
Page 115
Section 94:
P Public Use District
94.1
Purpose:
To provide for an area for the development of public land, which are compatible with the adjacent
surroundings.
94.2
Uses:
Permitted Uses
Discretionary Uses
Building Demolition/Removal
Campground
Community Hall
Day Care Facility
Golf Course
Institutional Use
Museum
Nursing Home
Park
Public Assembly
Public Use
School
Signs (Public)
Accessory Use
Cemetery
Communication Tower
Lagoon
Parking Lot (public)
Recreation Facility
Trade/Commercial School
Utility Building
94.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations
shall apply to every development in this district.
Site Coverage
40%
Minimum Floor Area
n/a
Maximum Building Height
A maximum of four storeys above grade: flat roof - 15.0 m;
sloped roof - 18.75 m
Minimum Parcel Area
n/a
Double Fronting Yards
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the setback
requirements of this Bylaw.
Front Yard Setback
Equal to or greater than the building height.
Side Yard Setback
Equal to or greater than the building height.
Rear Yard Setback
Equal to or greater than the building height.
Landscaping
At the discretion of the Development Authority.
Parking
Part 8 of this Bylaw.
Outdoor Storage and
Display
Outdoor storage and display is not permitted.
2190-25
Page 116
Garbage storage shall be confined to a designated area and shall
not have an adverse affect on the use or circulation on the parcel
or adjacent parcels.
Accessory Buildings
Section 34 of this Bylaw.
2190-25
Page 117
Section 95:
EOS Environmental Open Space District
95.1
Purpose:
To provide an area for either the preservation of public land in its natural state, to protect the
natural flow of water defined as a floodway or flood fringe, or for its development as a park.
95.2
Uses:
Permitted Uses
Discretionary Uses
Building Demolition/Removal
Natural Environmental Preservation
Park
Sign (public)
Trails
Accessory Use
Utility Building
95.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations
shall apply to every development in this district.
Minimum Parcel Area
At the discretion of the Development Authority.
Outdoor Storage and
Display
Outdoor storage and display is not permitted.
Garbage storage shall be confined to a designated area and shall
not have an adverse affect on the use or circulation on the parcel
or adjacent parcels.
2190-25
Page 118
Section 96:
UR Urban Reserve District
96.1
Purpose:
To reserve land for future subdivision and development until an Area Structure Plan is prepared for
and approved by Council.
96.2
Uses:
Permitted Uses
Discretionary Uses
Building Demolition/Removal
Farming
Existing residences and accessory
buildings at the time of the passage of this
bylaw
Accessory Building
Accessory Use
Communication Tower
Uses that will not, in the opinion of the Municipal
Planning Commission: materially alter the use of
the land from that existing on the date that the
land was designated to this land use district; or
conflict with urban expansion
Sign
Solar Energy Infrastructure
Utility Building
96.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations
shall apply to every development in this district.
Site Coverage
At the discretion of the Development Authority.
Minimum Floor Area
At the discretion of the Development Authority.
Maximum Building Height
At the discretion of the Development Authority.
Minimum Parcel Area
At the discretion of the Development Authority.
Double Fronting Yards
At the discretion of the Development Authority.
Front Yard Setback
At the discretion of the Development Authority.
Side Yard Setback
At the discretion of the Development Authority.
Rear Yard Setback
At the discretion of the Development Authority.
Landscaping
At the discretion of the Development Authority.
Parking
At the discretion of the Development Authority.
Outdoor Storage and
Display
Shall be screened. Garbage storage shall not have adverse
impact on the use or circulation on the parcel or adjacent parcels.
Garbage storage shall be confined to a designated area on the
parcel.
Accessory Building
At the discretion of the Development Authority.
2190-25
Page 119
Section 97:
DC4 Direct Control Urban Reserve District
97.1
Purpose:
The general purpose of this district is to provide an area that is compatible with residential and
commercial and industrial uses; while maintaining the long term plan as set forth in the Municipal
Development Plan to have this area transition to Commercial or Industrial land use.
97.2
Uses:
Permitted Uses
Discretionary Uses
Existing residences and accessory
buildings at the time of the passage of this
bylaw
Such improvements necessary to existing
residences as deemed by Council to be
compatible with this area
Such industrial uses as deemed by
Council to be compatible with the area
Farming
97.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations
shall apply to every development in this district.
Site Coverage
At Council's discretion.
Minimum Floor Area
At Council's discretion.
Maximum building Height
At Council's discretion.
Minimum Parcel Size
At Council's discretion.
Double Fronting Yards
At Council's discretion.
Front Yard Setback
At Council's discretion.
Side Yard Setback
At Council's discretion.
Rear Yard Setback
At Council's discretion.
Landscaping
At Council's discretion.
Parking
At Council's discretion.
Outdoor Storage and
Display
Unless otherwise specified by Council, all outdoor storage shall
be screened.
Unless otherwise specified by Council, storage is not allowed in a
minimum front yard.
Unless otherwise specified by Council, garbage storage shall not
have an adverse impact on the use or circulation on the parcel or
adjacent parcels.
Accessory Buildings
At Council's discretion.
Access
As established by Council in order to safely serve both vehicular
and pedestrian traffic.
2190-25
Page 120
Section 98:
OA Overlay Airport District
98.1
Purpose:
To ensure compatibility between the airport and surrounding land uses.
98.2
Uses:
Permitted and discretionary uses within the Airport Overlay District are the same as those in the
underlying district unless they are prohibited by this overlay because they will cause objectionable
or dangerous conditions that would interfere with safety by reason of causing excessive:
98.2.1
Discharge of toxic, noxious or other particulate matter into the atmosphere;
98.2.2
Radiation or interference by the use of electronic equipment such as industrial x-ray,
diathermy equipment, or equipment for commercial purposes that causes electrical
interference with navigational signals or radio communications;
98.2.3
Conflicting aircraft movements from private airports;
98.2.4
Fire and explosive hazards;
98.2.5
Accumulation of any material or waste edible by or attractive to birds; or
98.2.6
Development that creates glare or lighting that interferes with lights necessary for aircraft
landing or take-off.
98.3
Subdivision Regulations:
98.3.1 The subdivision regulations of the underlaying district apply.
98.4
Development Regulations:
98.4.1 Height Limitations:
The outer surface of the protection area is an imaginary surface consisting of a common
place established at a constant elevation of 45 m above the airport zoning reference point
elevation and extending to the outer limits of the protection area.
(a) In considering an application for the approval of a proposed use, the Development
Officer shall also review the application with regard to the location of the use with
respect to the Height Limitations as shown in Figure 95-1.
(b) The height limitations of Figure 95-1 and the height of a proposed use will both be
measured from the elevation of 818 m above sea level which is deemed to be the
airport's elevation.
(c) A proposed use which is lower than the height limitations may be approved with
respect to height, and may be considered for approval with respect to the
underlying District and the other provisions of the Land Use Bylaw.
(d) A proposed use which exceeds the height limitations is not allowed and shall not
be issued a development permit.
(e) Notwithstanding (c) and (d), a proposed use shall comply with the height
limitations specified in the underlying District, if they are lower than the limitations
in the Airport Overlay District.
2190-25
Page 121
(f)
The height of all railway development shall be considered 6.0 m higher than the
actual elevation of the rails, and the height of all roadway development shall be
considered 4.0 m higher than the elevation of the highest point of the travelled
portion of the roadway.
Figure 98-1: Height Limitations Map
98.4.2 Noise Exposure Limitations:
(a) Residential use involving continuous human occupancy - conditional approval
(C1) for applications where development will be located > 25 NEF contour; and not
permitted > 30 NEF contour.
(b) Residential use involving continuous human occupancy but comprise residential
infill or replacement - conditional approval (C1) for applications where
development will be located > 25 NEF contour; and not permitted > 30 NEF
contour.
(c) Uses that involve temporary medium term human occupancy where a majority of
people occupy the space for an eight hour work period (commercial, office,
restaurants and hotels) - conditional approval (C1) for applications where
2190-25
Page 122
development will be located > 30 NEF contour; and not permitted > 40 NEF
contour.
(d) Uses that involve temporary short term occupancy where the majority of people
occupy space temporarily - not permitted > 40 NEF contour.
(e) Uses that that involve the indoor assembly of people (clubs, fraternal
organizations) - conditional approval (C1) above the 30 NEF contour; and not
permitted > 40 NEF contour.
(f)
Uses that involve outdoor recreation - conditional approval (C3) > 30 NEF contour.
(g) Uses that involve outdoor accommodation (campground) - not permitted > 35
NEF contour.
(h) Uses that may attract birds or produce large quantities of smoke, dust or both -
referral required (C2).
(i)
Uses that, because of their nature, are not adversely affected by external noise
due to limited or no human occupancy or sufficient internal noise generation -
permitted.
(j)
Uses that may be adversely affected by external noise but do not involve human
occupancy (e.g. kennel, fur farm) - referral required (C2) > 25 contour.
C1
Construction shall conform to the exterior acoustic insulation requirements of Part
11 of the Alberta Building Regulation, 1985 (Alta. Reg. 186/85) for those NEF
areas other than the NEF 25-Area unless otherwise stated in this Overlay. Where
this condition is specified, the Development Authority shall indicate on the
development permit the noise contours between which the proposed development
site would be located for reference of the building Safety Codes Officer at the time
the building permit application is filed.
C2
The application must be accompanied and/or supported by data and information
provided by a qualified company or individual outlining the impact of the proposal.
C3
The development shall not include structures for the seating of spectators except
as varied to allow seating that, in the opinion of the Development Authority, is of a
minor nature.
2190-25
Page 123
Figure 98-2: Noise Exposure Frequency Limitations Map
2190-25
Page 124
Section 99:
OM Overlay Meadowlands by the Park District
99.1
Design Guideline Objectives:
The objective is to provide the residents and the community with a high standard of visual appeal
and a neighbourhood conducive to a sense of belonging. It is also to ensure that homes are
environmentally modern as to preserve water and energy.
99.2
Architectural Concept:
Each unit, regardless of the intended buyer, should be designed to integrate into an overall look of
a community village utilizing a choice of building elements combined to create a warm and
welcoming atmosphere. The guidelines are designed to provide visual control for siting and color
and to obtain the best possible streetscape appearance. The curb appeal desired can be obtained
by utilizing design elements in whole or in part which are influenced by common styles including;
ranch, Arts & Crafts, Craftsman, Georgian, Victorian, etc.
It is the responsibility of the builder/owner to become familiar with these guidelines and design their
housing projects in accordance with them.
99.2.1 General Requirements:
(a) Design Compliance - In addition to these guidelines, all buildings must comply
with the Town of Stettler land use bylaws and all applicable building code
regulations.
(b) Clean Up - Builders are required to keep the lot clean and orderly both prior to
and during construction. All builders are encouraged to use on-site waste bins.
Builders found negligent will be back charged for clean up carried out by the Town
of Stettler. Any general clean up of the subdivision can be charged pro- rata to all
builders.
(c) Excess Material - Builders must instruct subtrades to dispose of excess material
appropriately. This applies particularly to concrete, excavation and landscaping
material.
99.2.2 Site Guidelines:
(a) House Style Repetition - Designs with approximately identical front elevations
should be separated by at least 3 lots on the same side of the street and will not
be allowed directly across the street. Similar models may be allowed at a closer
spacing if changes are made to; roof lines, colours, window shapes, materials, etc.
(b) Special Requirement Lots - All semi-detached lots onto 68th street, except for
Lots 15 to 18, must incorporate a front attached garage of a minimum size of 3
metres by 6 metres (10' by 20').
(c) Grades - Grade information is available for each lot and can be obtained from the
Town of Stettler. Lot grading is to conform to the subdivision plan. Do not grade to
the lane, existing vacant lots or undeveloped land. The landscaped grade must
always slope away from the house and cannot drain into adjacent lots. Any costs
2190-25
Page 125
incurred as a result of deviation from the plan will be borne by the builder
responsible.
(d) Walkout Lots - It is important for builders to review the grade information provided
for each lot to determine what the individual grades will allow.
(e) Lowest Top of Footing - Builders are encouraged to review in detail the grade and
footing elevation information provided to determine if there are any constraints with
respect to house type. Under certain circumstances, a shallow LTF will impact the
choice of house style.
99.2.3 Design/Materials:
(a) Roof - For single-family, detached bungalows, bi-levels & split-levels a minimum
roof pitch of 6 in 12 is required. Two story homes will require a minimum roof pitch
of 5 in 12. Steeper roof slopes may be enforced on some secondary roofs or
dormers to enhance the appeal of the home.
(b) Primary Finish - Vinyl siding, stucco, brick, or stone will be allowed. All stucco
must be complimented with stucco detailing & buildouts. Parging should not
extend higher than 0.6 metres (24 inches) on any elevation.
(c) Building Elevations/Detailing - The objective of having a high standard of visual
appeal will be achieved primarily through the addition of sufficient architectural
detail on the homes.
-
All windows and doors on high visibility facades must have a minimum of 0.1
metre (4") trim on all sides and incorporate muntin bars.
-
A minimum of 7 square metres (75 square feet) of brick or stone will be
required on all homes. Some exceptions may be allowed if the plan
incorporates sufficient detail and curb appeal.
-
All masonry should be wrapped a minimum of 0.6 meters (24").
-
Entrance doors should be visible from the street where lot width allows and
covered at a level that encloses and protects the space.
-
Gable ends and dormers are dramatic features to enhance the curb appeal of
a home. Detailing within these features allows the use of multiple materials to
create visual interest. At least one of the following must be incorporated into
gable ends on the front elevation; shadow boards, shingles shakes, false
trusses, brackets, vertical siding, board & batten.
-
Front facades must have a variation of elevations to add visual interest.
Additional trim and design features to consider could include; columns,
pillars, fan windows, scales, keystones, porches/verandas, louvers, bay/box
windows, turrets, rafters, ladders, use of two colours.
(d) Chimneys/Flues - All chimneys/flues visible from the street must be boxed in and
finished with brick, stone, or the same material as the house.
(e) Colours - All exterior colour schemes will be approved on a lot by lot basis. When
approving colours, the Architectural Consultant will consider the overall look and
design of the home with respect to adjacent homes and reserves the right to make
changes as required. When submitting plans for approval, exact colour choices
must be provided with the manufacturer and colour name.
(f)
Garages & Driveways - Attached double garages with concrete or paving stone
driveways will be required on the majority of the houses in Meadowlands by the
Park. The exceptions to this will be some duplex lots fronting on 68th street;
2190-25
Page 126
namely lots 15 to 18 inclusive. Large gables over the garage door will require
additional detail to match the rest of the house.
99.2.4 Landscaping & Fencing:
(a) Tree Planting - All builders and home owners must plant at least one (1) tree in
the front yard. Arborists from the Town of Stettler will produce an appropriate
selection of trees.
(b) All homeowners are encouraged to complete the fencing and landscaping of their
lot within 12 months of the completion of the home. The fence style recommended
is a 1.8 metre (6'0") privacy style fence in white or an alternate colour to
complement the house.
Note - All plans will be reviewed in terms of their adherence to these guidelines and the objectives
of the community. The Town of Stettler reserves the right to make exceptions to these guidelines
where deemed appropriate.
2190-25
Page 127
Section 100:
OH Overlay Highway Design Guidelines District
100.1 Purpose:
To ensure that development adjacent to highways within Stettler meet prescribed exterior design
requirements for commercial and industrial buildings.
100.2 Commercial and Industrial Site and Building Guidelines (attached).
2190-25
Page 128
Section 101:
DC5 Direct Control Residential District 3
101.1 Purpose:
To provide site specific regulations for the development of a day care facility within a Residential
area.
101.2 Uses:
Permitted Uses
Discretionary Uses
Accessory Building
Building Demolition/Removal
Deck
Dwelling, Duplex
Dwelling, Single Detached
Home Occupation
Public Assembly
Public Use
Solar Energy Infrastructure
Accessory Use
Apartment Building
Assisted Living Facility
Basement Suite
- Dwelling, Single Detached Only
Bed and Breakfast Facility
Boarding Facility
Day Care Facility
Dwelling, Fourplex
Dwelling, Row House
Dwelling, Triplex
Funeral Home
Garden Suite
Group Care Facility
Signs
Temporary Structure
Utility Building
101.3 Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations
shall apply to every development in this district.
Site Coverage
50%
Minimum Floor Area
At the discretion of the Development Authority.
Maximum Building Height
Dwellings: Detached, Duplex, Fourplex, Row House, Triplex and
Day/Group Care Facility - 10.0 m
Apartment Building - A maximum of four full storeys above
grade: flat roof - 15.0 m; sloped roof - 18.75 m
Maximum Parcel Area
Dwelling, Single Detached:
- Interior Parcels 460 square metres
- Corner Parcels 510 square metres
Dwelling, Duplex (Per Unit):
- Interior Parcels 230 square metres
2190-25
Page 129
- Corner Parcels 255 square metres
Dwelling, Triplex and Fourplex (Per Unit):
- Interior Parcels 200 square metres
- Corner Parcels 220 square metres
Dwelling, Row House (Per Unit):
- Interior Parcels 185 square metres
- Corner Parcels 275 square metres
Double Fronting Yards
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the setback
requirements of this Bylaw.
Front Yard Setback
6.0 m
Side Yard Setback
Dwelling, Duplex, Fourplex, Row House, Single Detached and
Triplex - 1.5 m except where it abuts a public roadway 3.0 m
Apartments - 3.0 m except where it abuts public roadway 6.0 m
Rear Yard Setback
7.5 m
Landscaping
25% of Site Area.
Parking
A two car parking area shall be provided to the rear, side or front
of the dwelling. Notwithstanding, in the case of a dwelling fronting
onto an arterial road, the parking area shall access from the lane
where one is provided.
Accessory Buildings
Section 34 of this Bylaw.
Day Care Facilities
Approved day care facilities must comply with the regulations as
set out in the Alberta Child Care Licensing Act and Regulation, as
may be amended from time to time.
2190-25
Page 130
Schedule "A": Land Use District Map