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3-1
Part 3: General Regulations
Land Use Bylaw 24-2024
Part 3 :
General Regulations
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Part 3: General Regulations
Land Use Bylaw 24-2024
3.1
Applicability
3.1(1)
The regulations in Part 3 of this bylaw apply to all developments and uses within the
County.
3.1(2)
Unless otherwise specified in this bylaw, where there is a conflict between the regulations
in Part 3 of this bylaw and regulations in other parts of this bylaw, the regulations in the
other parts of this bylaw take precedence.
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3.2
Access
3.2(1)
The development authority may only issue a development permit for a proposed
development if there is a provision for access included with the application for the
development permit.
3.2(2)
The location and design of an access(es) for a proposed development must be in
accordance with County policies and standards and must be to the satisfaction of the
development authority.
3.2(3)
Where a site abuts two roads, either existing or proposed, access to the site must be to
the road of lesser traffic volume, unless otherwise approved by the development
authority.
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3.3
Accessory development
3.3(1)
An accessory building, structure or use shall not be considered without a principal
building, structure or use.
3.3(2)
An accessory building, structure or use shall be considered a permitted use when
accessory to a permitted use and a discretionary use when accessory to a discretionary
use.
3.3(3)
Development regulations for accessory buildings, structures and uses may be contained
within a zone. Should a zone not contain development regulations for accessory buildings,
structures and uses, the regulations for principal buildings shall apply.
3.3(4)
Despite section 3.3(3), if development regulations for accessory buildings, structures and
uses are not contained within a Direct Control zone, the development authority must refer
to the regulations in a similar zone for guidance when considering an application.
3.3(5)
An accessory building shall not be used as a dwelling, except where authorized by this
bylaw.
3.3(6)
An accessory building or structure shall not be constructed over an easement or right-of-
way.
3.3(7)
Where residential lots are located along a lakeshore, the development authority may allow
the location of an accessory building or structure in a front yard along a road provided it is
consistent with development in the surrounding area.
3.3(8)
An accessory building or structure on a lot with non-residential zoning which abuts a lot(s)
with residential zoning shall have a minimum setback of 1.5 m from the lot line abutting
the lot with residential zoning or the applicable minimum setback in the non-residential
zone, whichever is greater.
3.3(9)
The height of an accessory building or structure on a lot with non-residential zoning which
abuts a lot(s) with residential zoning shall not be higher than the maximum height of a
principal building in the residential zone.
3.3(10)
In zones that allow for a zero setback to a lot line, an accessory building that is a mutual
garage may be developed on the common lot line. The minimum setback from the
opposite side lot line shall be in accordance with the regulations of the zone.
3.3(11)
The minimum setback required for an accessory building or structure from a side lot line
that abuts a flanking road shall be the same as that required for a principal building in the
applicable zone.
3.3(12)
Despite section 3.3(11), the minimum setback required for an accessory building or
structure from a side lot line that abuts a flanking road may be reduced where a fence
exists on that side lot line.
3.3(13)
An accessory building or structure on a double fronting lot must meet the minimum
required setback from a front lot line from both lot lines abutting roads unless it is a
residential lot with its access from one street consistent with lots on the same block.
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Containers
3.3(14)
Containers shall be considered only within agricultural, commercial or industrial zones or
within the following zones:
(a) PC - Conservation
(b) PG - Golf Course
(c) PR - Recreation
(d) PRM - Public Recreation Major
(e) PS - Public Services
(f) PU - Public Utilities
(g) RCL - Low Density Country Residential
3.3(15)
In addition to section 3.3(14), Table 3.3(A) lists the maximum number of containers that
may be considered in RCL or on a lot with commercial or agricultural zoning.
Table 3.3(A) Maximum Number of Containers
Subsection
Lot area
Maximum number of containers
(a)
Less than 8 ha
1
(b)
8 ha to 16 ha
2
(c)
Greater than 16 ha
4
3.3(16)
Despite section 3.3(14), a container having may be placed on a driveway or parking lot on
a lot in any zone only for the purpose of loading and unloading during the process of
moving or renovating. The container shall be located entirely within the subject lot and
must not create a sight line obstruction.
3.3(17)
A container shall:
(a) not be located within a required setback from the front lot line or from a side lot
line that abuts a flanking road;
(b) not be stacked one upon another, except if located within the IM, IH, IMH or IHH
zones;
(c) not be used for fencing, screening, for the purpose of advertising, or as a
commercial storage use;
(d) not be located within a required parking area or landscape buffer area; and
(e) have an exterior finish to match or complement the exterior finish of the principal
building or be screened to the satisfaction of the development authority, except if
located in an industrial zone.
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Solar collectors
3.3(18)
A solar collector shall be located on the wall or roof of a building.
3.3(19)
Within all residential zones except the R3, R4, and R5 zones, a solar collector mounted on
a roof with a pitch of 4:12 or greater may project a maximum of 1.3 m from the surface
of the roof and must not extend beyond the outermost edge of the roof.
3.3(20)
Within all agricultural, commercial, industrial and institutional zones and the R3, R4, and
R5 zones, a solar collector mounted on a roof with a pitch of:
(a) less than a 4:12 may project a maximum of 2.0 m from the surface of the roof and
must be located at least 1.0 m from the edge of the roof.
(b) 4:12 or greater may project a maximum of 1.3 m from the surface of the roof and
must not extend beyond the outermost edge of the roof.
3.3(21)
A solar collector that is mounted on a wall:
(a) shall be located a minimum of 2.4 m above grade; and
(b) may project a maximum of 0.6 m from the surface of that wall.
Dugouts
3.3(22)
A dugout shall meet the minimum accessory development setback requirements of the
applicable zone.
3.3(23)
A dugout shall not encroach upon or affect or interfere with any watercourse or drainage
easement in the opinion of the development authority.
3.3(24)
All dugouts that require a development permit shall be designed and built to meet a
maximum 5:1 slope. The development authority may grant a variance to the slope
specifications, provided that a fence is constructed that meets the following requirements;
(Bylaw 30-2025)
(a) minimum height of the fence is 1.2 m, measured from the outside or non-dugout
side grade;
(b) the fence shall be constructed of a material and design so as to limit ease of
passage through or over the fence; and
(c) all gates shall provide self-latching devices to prevent access to the water by
unauthorized persons.
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3.4
Amenity space
3.4(1)
Amenity space shall consist of one or more of the following:
(a) common indoor amenity space;
(b) common outdoor amenity space; or
(c) private amenity space.
3.4(2)
Despite section 3.4(1), where there are more than 20 dwelling units on a site, amenity
space shall consist of a minimum of two types of amenity spaces:
3.4(3)
Amenity space shall be a minimum of 3.5 m2 per dwelling unit for townhouses and
apartment dwellings.
3.4(4)
Despite section 3.4(3), a development officer may consider that amenity space be
provided at a lesser rate where the development is located within close proximity to a
publicly accessible amenity space.
3.4(5)
Where private amenity space is provided in combination with common indoor amenity
space or common outdoor amenity space, the private amenity space shall be a minimum
of 1.5 m2 per dwelling unit for townhouses and apartment dwellings.
3.4(6)
Amenity space provided at ground level within 4.0 m of a road, lane, on-site parking area
or adjacent parcel shall be screened to the satisfaction of the development authority.
When considering the amount and type of screening required, the development authority
must consider the type of amenity provided (e.g., children's play area) and any potential
safety issues or adverse effects resulting from the amenity and its location. This does not
apply to amenity space located within the R6 or R7 zones.
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3.5
Design standards
General standards
3.5(1)
In all development, the design and use of exterior finishing materials shall be to the
satisfaction of the development authority who shall ensure, as far as reasonably
practical, that the materials are durable and similar to, or better than, the standard of
development on the subject and adjacent sites.
3.5(2)
A box-like appearance in building design and large expanses of uninterrupted building
surfaces shall be avoided by adding glazing where practical and adding definition through
colour or material details.
3.5(3)
The development officer may require a corner site to provide a greater setback from the
front lot line than is required by the applicable zone having regard for the orientation and
access of the development and adjacent properties.
3.5(4)
The development officer may require a double fronting lot to provide a front yard on each
road for consistency with development on adjacent properties.
3.5(5)
The design should incorporate elements of Crime Prevention Through Environmental
Design (CPTED) such as, but not limited to, reducing concealment opportunities, providing
lighting to minimize dark spaces and encourage pedestrian safety, placing windows to
maximize informal surveillance, and clearly identifying street addresses.
Design standards for multi-unit residential, commercial and
institutional development
3.5(6)
Each site shall be designed with due regard and sensitivity to adjacent lots and
development. The design of a site shall consider the privacy of adjacent residential
development.
3.5(7)
Rooflines and building façades shall be articulated and varied to reduce the perceived
mass, bulk and linearity of large buildings and to avoid blank walls.
3.5(8)
Buildings are encouraged to be sited, oriented and designed to:
(a) take into consideration solar benefits and opportunities;
(b) avoid adverse microclimatic effects on and off the site related to wind and
shadowing;
(c) reduce noise impacts from arterial or collector roads or both; and
(d) minimize impact on other buildings
3.5(9)
Direct, clearly marked, safe and accessible pedestrian walks should connect building
entrances to parking lots, sidewalks of abutting streets, and adjacent sites.
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3.5(10)
Gas utility enclosures should be located away from street facing facades and screened
from view.
3.5(11)
Where covered parking is provided, the scale, form and character should be consistent
with the building design.
3.5(12)
Appropriate lighting shall be provided for security and to add visual interest. Lighting shall
also conform to the requirements of section 3.10.
3.5(13)
For buildings that consist of four storeys or more, architectural features, design or a
combination thereof should be incorporated to reduce the perception of vertical building
mass.
3.5(14)
On-site improvements that create an inviting space should be encouraged.
Standards Affecting Industrial Development
3.5(15)
Any use or activity in an industrial zone (excluding IH and IHH zones) or a zone of similar
intent should have regard for the following appearance standards:
(a) all loading, service, trash collection and accessory storage areas, and vehicle
compounds shall be located to the rear or sides of the principal building, and be
screened from view from any road other than a lane, and from adjacent sites, by
building walls, landscape materials, berms, fences or a combination of these, to the
satisfaction of the development officer;
(b) the development authority may require that exposed projections outside the
building such as mechanical and electrical equipment, transformer ducts, cooling
towers and materials handling equipment be screened from view from any road
other than a lane, and from adjacent sites if such projections are inconsistent with
the character and appearance of surrounding development or the intended visual
qualities of this zone;
(c) buildings should be constructed and finished with durable materials designed to
maintain the initial appearance of the development throughout the life of the
project. The development authority may require that the appearance of metal, or
concrete block walls exposed to public view from beyond the site be improved
where such walls are inconsistent with the finishing materials or appearance
characteristic of adjacent development; and
(d) where allowed, outside display areas may be located to the side or front of the
principal building, provided that such displays are limited to examples of equipment
or material related to the industry or business located on the site.
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3.6
Environmental features
3.6(1)
A minimum setback of 50.0 m is required from the top of bank of the North
Saskatchewan River for any development, unless the development officer is provided
with an environmental assessment, geotechnical assessment, or both, prepared by a
qualified professional in accordance with County requirements, which verifies that a
lesser setback is warranted.
3.6(2)
A minimum setback of 36.0 m is required from the top of bank of Oldman Creek within the
plan area of the North of Yellowhead Area Concept Plan for any development, unless the
development officer is provided with an environmental assessment, geotechnical
assessment, or both, prepared by a qualified professional in accordance with County
requirements, which verifies that a lesser setback is warranted.
3.6(3)
A minimum setback of 30.0 m is required from the top of bank of any other watercourse
or water body, unless the development officer is provided with an environmental
assessment, geotechnical assessment, or both, prepared by a qualified professional that
verifies that a lesser setback is warranted.
3.6(4)
The minimum setback and the requirements for an environmental and geotechnical
assessment indicated in sections 3.6(1), 3.6(2), and 3.6(3) above may be reduced or
eliminated where the development officer determines that the proposed structure or
building is incidental to the operation of a utility service (i.e., a pump shack) and the
development authority is satisfied that there is no risk or adverse effect on development
or the riparian area.
3.6(5)
No trees shall be cleared or removed from any land which lies within the minimum setback
from the top of bank to a watercourse or water body, unless the development officer
receives written confirmation from a qualified professional indicating:
(a) that the removal is necessary in order to provide access to the watercourse or
water body; and
(b) the area where trees or vegetation may be removed.
3.6(6)
A development officer shall not approve an application for a building within a floodway.
3.6(7)
The development authority may require a report to be submitted in accordance with
section 2.7(2) in support of a development permit application for a building on an existing
lot which is, or may be, affected by a watercourse, water body or flood fringe area.
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3.6(8)
Despite any other regulation in this bylaw, the development authority may increase any
required setback for any use in any zone where written confirmation from a qualified
professional is received that a proposed development:
(a) may be detrimental to the conservation of environmentally sensitive lands; or
(b) may be affected by being in a floodplain or in proximity to steep or unstable
slopes; or
(c) may increase the degree of hazard presented by an existing environmental feature.
If the increased setback cannot be met, the development officer shall require that the
applicant submit a report, prepared by a qualified professional in accordance with
County requirements, identifying preventive engineering and construction measures
that shall deem the lot suitable for the proposed development.
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3.7
Fences
3.7(1)
For the purpose of determining the height of a fence, the measurement shall be taken
from 0.5 m inside of the lot lines of the subject property. The height measurement
includes the materials used in constructing the fence but does not include the posts or
supporting material used to anchor the fence.
3.7(2)
The maximum height of a fence shall be 2.0 m in the Urban Service Area and hamlets.
3.7(3)
Despite section 3.7(2), for a fence located within the front yard or flanking side yard, the
maximum height shall be 1.0 m within residential areas of the Urban Service Area and
hamlets.
3.7(4)
The development officer may vary the height of a fence in order to provide additional
security, safety, privacy or screening from roads or adjacent development.
3.7(5)
Electric fences shall not be permitted on any parcel within the Urban Service Area or
hamlets.
3.7(6)
Within the Urban Service Area and hamlets, fences consisting only of barbed wire and
posts shall only be permitted on lots with AD zoning.
3.7(7)
Within the Rural Service Area, fences consisting only of barbed wire and posts shall not be
permitted on lots with RE, RCL or RCH zoning.
3.7(8)
Despite section 3.7(2), fences with barbed wire may be allowed in non-residential zones
for security purposes, at the discretion of the development officer, provided:
(a) the barbed wire portion of the fence does not exceed a maximum of three strands
and the lowest strand of barbed wire is located no lower than 2.13 m when
measured from the ground; and
(b) the barbed wire is completely contained within the lot lines of the subject lot.
3.7(9)
Despite section 3.7(2), the location, height or both of a proposed fence shall not adversely
affect sightlines or safety on a road or abutting driveway.
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3.8
Landscaping
3.8(1)
The regulations in section 3.8 apply to all zones with the exception of AD, AG, AR, RCL,
RCH and unless otherwise stated in this bylaw.
3.8(2)
A landscape plan shall be stamped, signed and dated by a Landscape Architect who is a
full member of and in good standing with the Alberta Association of Landscape Architects,
and contain the following:
(a) property lines and parcel dimensions;
(b) parcel area;
(c) date, scale, north arrow, legal address, name of the property owner(s), name and
contact information of the person or firm responsible for the landscape plan;
(d) location, type, total area, and dimensions of all landscape areas (i.e. street-
oriented landscape area, general landscape area);
(e) location of existing and proposed structures;
(f) location of storage areas;
(g) the total area of the parcel that is landscaped;
(h) the existing and proposed topography;
(i) drainage features;
(j) the location of existing natural features, including but not limited to, any water
features, tree stands and other vegetation, that is to be retained;
(k) total amount, location and type of hard landscaping;
(l) total amount, location and type of soft landscaping, including the location and
number of trees, shrubs and other vegetation to be planted;
(m) the location of berms, retaining walls, fences, hedges or any other screen;
(n) common outdoor amenity space, if applicable, including location, total area and
materials used;
(o) location of pedestrian sidewalks and pathways;
(p) type of landscaping proposed for the area between the street curb and property
line;
(q) pedestrian access ramp locations;
(r) adjacent existing and proposed roads, trails and sidewalks;
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(s) all utilities and related ancillary structures;
(t) setbacks from utilities in accordance with County standards;
(u) landscape details (i.e. tree, shrub, retaining wall, fencing);
(v) plant list showing quantities, common and botanical name, size and condition;
(w) proposed landscape planting to be labelled and shown at mature size; and
(x) minimum planting requirements and proposed plant material on the landscape
plans.
3.8(3)
Unless covered by the provisions of a development agreement, any landscaping area
between the property line and the existing curb shall be incorporated into the landscape
plan and shall be landscaped concurrently with the development to the standard of
landscaping required by County standards.
3.8(4)
Existing landscaping or natural vegetation should be conserved and used to meet the
requirements of this section, where practical.
3.8(5)
In the event that plant material required in an approved development is inappropriate or
fails to survive, the development officer may consider alternative materials to be
substituted.
3.8(6)
Where a landscape plan or security or both is required by this bylaw, no development shall
commence unless the development officer has approved the landscape plan and received
the required security for landscaping pursuant to section 3.8(7).
Landscaping security
3.8(7)
The development officer may require, as a condition of a development permit that the
owner provide a guaranteed security to ensure that landscaping is provided and
successfully maintained for two growing seasons. The security shall be cash or an
irrevocable letter of credit having the value equivalent to a minimum of 50% of the
established landscaping costs.
3.8(8)
Where applicable, the development officer shall require an applicant to submit an estimate
for required landscaping for the proposed development. The estimate shall be prepared by
a qualified professional, to the satisfaction of the development officer.
3.8(9)
If cash is offered as the landscaping security, it shall be held by the County until the
landscaping has been installed and successfully maintained for two growing seasons, and
the development officer is satisfied through site inspection that this has occurred.
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3.8(10)
Where a landscaping security is submitted in the form of an irrevocable letter of credit,
the letter of credit:
(a) must be in a form satisfactory to the County;
(b) must allow for partial draws by the County;
(c) must have an initial term of a minimum of one year and automatically renew 60
days prior to expiry until the landscaping security is no longer required;
(d) may be amended to a reduced amount at the discretion of the development officer
when the required landscaping has been:
(i) installed to the satisfaction of the development officer; or
(ii) successfully maintained for one growing season, to the satisfaction of the
development officer; and
(iii) must be fully released when the required landscaping has been installed and
successfully maintained for two growing seasons, and the development officer
is satisfied through site inspection that this has occurred.
Inspections and maintenance period
3.8(11)
To verify the installation of the required landscaping and to initiate the maintenance
period, the development officer must conduct an inspection upon receipt of a written
request.
3.8(12)
Landscape inspections must occur during the growing season between June 1 and
September 30, unless otherwise permitted at the discretion of the development officer.
3.8(13)
The owner shall notify the County 60 days prior to the expiry date of the irrevocable letter
of credit, in order to provide sufficient time for the development officer to conduct an
inspection and to determine if the landscaping has been installed and maintained in
accordance with the regulations of this bylaw. If an inspection cannot be conducted within
the 60 day period prior to the expiry date of the irrevocable letter of credit, due to
weather conditions or other extenuating circumstances, the irrevocable letter of credit
shall automatically renew for a further one year term.
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Use of the landscape security
3.8(14)
The County may draw on the landscape security for the County's use absolutely to install,
maintain, or replace improperly maintained landscaping required for the development if
the landscaping has not been:
(a) installed and successfully maintained within one growing season after completion of
the development; or
(b) successfully maintained for two growing seasons after completion of the
landscaping.
3.8(15)
If the landscape security is insufficient, the owner must pay the deficiency to the County
immediately upon being invoiced.
3.8(16)
In the event the County uses funds from the landscape security to install, maintain, or
replace improperly maintained landscaping required for the development, the County must
provide a report to the owner or the owner's representative indicating how the funds from
the landscape security were applied after installing, maintaining or replacing improperly
maintained landscaping required for the development.
Additional landscaping requirements for mitigation
3.8(17)
Where on-site parking for 20 or more vehicles is provided at grade on a site, there shall
be landscaped open space within the parking area, unless otherwise decided by a
development officer. Landscaped open space in the parking areas shall be provided in the
minimum amount of 2.0 m2 for each parking space. The required landscaping shall not be
located in one area and shall be placed within the parking area so as to provide visual
relief and break up large areas of parking into smaller cells.
3.8(18)
The development officer may require additional landscaping such as but not limited to
trees and shrubs, berms, solid hedges, other vegetative screens, fencing or any
combination thereof to adequately mitigate potential negative impacts from a use or
development on adjacent lots.
3.8(19)
Screen plantings shall be maintained to provide effective screening from the ground to a
height of 2.0 m to the satisfaction of the development officer.
3.8(20)
A garbage collection area, an open storage area, or an outdoor service area, including any
loading and vehicular service area, which is visible from an adjacent site in an agricultural
or residential zone or from a public road other than a lane, shall be fenced or have screen
planting or both. The location, length, thickness and height of such fence or screen
planting shall be in accordance with the landscape plan approved by the development
officer.
3.8(21)
Despite section 3.8(19), 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, with sufficient height to substantially block the view, shall be
substituted.
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3.8(22)
Despite section 3.8(19), where a screen planting cannot reasonably be expected to
survive because of conditions not conducive to good horticultural practices, the
development officer shall require a masonry wall, wood fence, earth berm, or combination
thereof, to be substituted for the requirements section 3.8(19).
3.8(23)
Within commercial and industrial zones, a landscaped buffer area of at least 4.0 m shall be
provided in front yards and flanking side yards.
3.8(24)
Where a use on a non-residential lot or site generates nuisance, a landscaped buffer must
be provided along the lot or site boundary that abuts an existing or planned residential
lot(s). The minimum width of the landscaped buffer must comply with Table 3.8(A). The
development officer may require a larger width where, in their opinion, more area is
required to adequately buffer the nuisance or adverse effect.
Table 3.8(A) Minimum Landscaped Buffer Widths for Non-Residential Lots
Subsection
Zone
Minimum landscaped buffer width
(a)
C1
3.0 m
(b)
C2
3.0 m
(c)
C3
4.0 m
(d)
C4
4.0 m
(e)
C5
4.0 m
(f)
IL
5.0 m
(g)
IM
6.0 m
(h)
MI
3.0 m
(i)
PS
3.0 m
(j)
DC (Commercial)
4.0 m
(k)
DC (Industrial)
5.0 m
3.8(25)
Where a landscaped buffer area is not specified within this bylaw, the development officer
shall determine the minimum width requirement of a landscaped buffer area taking the
following into consideration:
(a) the use occurring on the lot or adjacent site;
(b) the potential for such a use to create a nuisance or adverse effect on an adjacent
site; and
(c) the full growth potential of all trees, shrubs, hedges and other vegetation at
maturity, based on the growing characteristics of the species, needed to buffer the
nuisance or adverse effect.
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Site Landscaping Requirements
3.8(26)
The front yard for the purposes of calculating the landscaping requirements is the length
of the front lot line multiplied by the minimum required setback from the front lot line for
the applicable zone.
3.8(27)
The flanking side yard for the purposes of calculating the landscaping requirements is the
length of the flanking side lot line multiplied by the minimum required setback from the
flanking side lot line for the applicable zone.
3.8(28)
The landscaping of the required front and flanking side yards on any developed non-
residential or multi-unit residential lot shall meet the following minimum standards:
(a) trees and shrubs shall be included on the landscape plan and planted in non-
vehicular areas to meet the following requirement:
(i) one tree for each 25 m2 and one shrub for each 15 m2 of required yards in the
applicable zone(s) for multi-residential, commercial or institutional
development;
(ii) one tree for each 46 m2 of any required yard in the applicable zone for
industrial development; and
(iii) one tree for each 15 m2 and one shrub for each 10 m2 of required parking area
island provided that there will be at least one tree per parking area island.
3.8(29)
Shrubs may be substituted for trees at the rate of five shrubs to one tree as site
conditions and design may allow or at the discretion of the development authority.
3.8(30)
Where existing trees that are retained on the site are at least 0.15 m in caliper, they may
count double towards meeting the tree requirements of this section at the discretion of the
development authority. When existing trees are at least 0.25 m in caliper, they may count
triple towards meeting the tree requirements of this section at the discretion of the
development authority.
3.8(31)
The development officer may consider alternative landscaping treatments for development
within the IH and IHH zones.
3.8(32)
Within all lots with residential zoning, except those where landscape plans have been
approved by the development authority for a development, the owner shall be responsible
for the proper maintenance of landscaping of all yards visible from a road. All yards visible
from a road shall be landscaped within 18 months of occupancy of the development.
Alternative forms of landscaping may be substituted for seeding or sodding, provided that
all areas of exposed earth are designed as either flower beds or cultivated gardens.
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Specifications for Landscape Construction
3.8(33)
All plant materials shall be hardy to the County and to the location on the site where they
are planted.
3.8(34)
Existing landscaping or natural vegetation that is to be retained must be protected.
3.8(35)
All required landscaping materials shall be installed in accordance with the following:
(a) deciduous trees shall be at least 0.06 m caliper;
(b) coniferous trees shall have a minimum height of 2.5 m;
(c) coniferous shrubs shall have a minimum spread of 0.45 m; and
(d) deciduous shrubs shall have a minimum height of 0.45 m.
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3.9
Maintenance easements for residential development
3.9(1)
At the time of subdivision, a lot for a single dwelling with one setback from a side lot
line of 0.0 m shall require a minimum 1.5 m wide easement be registered on title of the
lot abutting the zero lot line that provides for:
(a) a 0.30 m eave encroachment with the requirement that the eaves of the principal
dwelling and the eaves of any accessory building(s) shall be a minimum 0.90 m to
the eaves of any building(s) on the abutting lot; or
(b) eave and/or gutter encroachment;
(c) a 0.60 m footing encroachment;
(d) drainage in accordance with County bylaws and standards;
(e) permission to access the easement area for maintenance of both lots; and
(f) any other items necessary to facilitate the intended development.
3.9(2)
Despite section 3.9(1), in the R1B, R1C, R2A and R3 zones, a lot for a single dwelling
with one setback from a side lot line of 0.0 m shall require a minimum 2.4 m wide
easement be registered on title of the lot abutting the zero lot line.
3.9(3)
At the time of subdivision, a lot for a single dwelling with one setback from a side lot
line reduced to 0.6 m shall require a minimum 0.6 m wide easement be registered on
title of the lot abutting the zero lot line that provides for: (Bylaw 5-2025)
(a) a 0.30 m eave encroachment with the requirement that the eaves of the principal
dwelling and the eaves of any accessory building(s) shall be a minimum 0.90 m to
the eaves of any building(s) on the abutting lot; or
(b) eave and/or gutter encroachment;
(c) drainage in accordance with County bylaws and standards; and
(d) permission to access the easement area for maintenance of both lots.
3.9(4)
Side door access for lots with single dwellings with one side setback of 0.0 m and a
private maintenance easement shall not be more than 0.6 m (60 cm) above the finished
ground surface. (Bylaw 30-2025)
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3.10
Outdoor lighting
3.10(1)
All new outdoor lighting fixtures or those to be relocated or replaced shall be installed
or retrofitted in accordance with this section. The regulations of this section shall apply
to all development, except:
(a) lighting required under the Alberta Building Code;
(b) outdoor lighting fixtures which are necessary for worker safety;
(c) temporary lighting for the filming of motion pictures; or
(d) signs.
3.10(2)
The development officer shall require a fixture rated equal to or greater than 2000 lumens
to be of a full cut-off fixture type.
3.10(3)
Where outdoor lights are provided, the light fixtures shall be arranged, installed, and
maintained to deflect, shade, and focus light away from abutting sites or adjacent land
uses in order not to cause a nuisance. Outdoor lights shall not interfere with the
effectiveness of any traffic control device.
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3.11
Pipeline setbacks
3.11(1)
Despite any other regulation in this bylaw, the minimum setback of development from a
right-of-way of a petroleum or natural gas product pipeline must comply with Table
3.11(A).
Table 3.11(A) : Minimum Setbacks from a Petroleum or Natural Gas Product
Pipeline Right-of-Way
Subsection
Type of building
Measurement
with a maximum licensed operating pressure of 3447.5 kPa or greater
(a)
Principal residential, commercial or industrial
building in the Urban Service Area
15.0 m
(b)
Despite (a), for residential development only, and subject to the
discretion of the development officer, the pipeline setback may be
reduced to 7.5 m if a permanent fence exists along the property line
abutting the pipeline right-of-way.
(c)
Principal residential, commercial or industrial
building in the hamlets or Rural Service Area
(The pipeline right-of-way must be clearly marked
with identification posts and signage with the
consent of the pipeline owner/operator.)
15.0 m
(d)
Accessory residential, commercial or industrial
building
1.0 m
(e)
Despite (a), (c) and (d), the development authority may reduce the
minimum setback to 0.0 m for a development that is a petrochemical
plant site
(f)
Principal building for community recreation,
emergency service, exhibition and convention
facility, health service major, private education,
public education, religious assembly major,
religious assembly minor, or spectator sport
200.0 m
with a maximum licensed operating pressure less than 3447.5 kPa
(g)
All principal buildings
5.0 m
(h)
Despite (g), the development authority may reduce the minimum
setback to 0.0 m for a development that is a petrochemical plant site
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3.12
Projections
3.12(1)
Where there is more than one cantilever or fireplace/chimney or both, the combined
horizontal length shall not exceed one-third of the length of the building wall exclusive
of any garage walls.
3.12(2)
Despite section 3.12(1), where a cantilever is within a side yard, the combined horizontal
length of all projections, excluding eaves, on that building wall shall not exceed 3.05 m.
3.12(3)
The maximum projections of exterior features into a required setback, provided there is
no encroachment onto an easement or utility right-of-way, must comply with Table
3.12(A).
Table 3.12(A) : Maximum Projections into Required Setbacks
Subsection
Type of projection
Measurement
(a)
Cantilever into a required setback of 1.2 m or greater
provided in all cases at least 1.2 m is maintained
between the wall designed with the cantilever and
the lot line
0.6 m
(b)
Exterior features such as, but not limited to, cornices,
leaders, eaves, gutters, pilasters, sills and awnings
into a required setback of 1.2 m or greater
0.6 m
(c)
Fireplaces and chimneys, provided the horizontal
length of each projection shall not exceed a total of
1.83 m (Bylaw 5-2025)
0.6 m
(d)
Satellite dishes 1.22 m or less in diameter
(Bylaw 5-2025)
0.6 m
(e)
Patio into required setback from front lot line
2.0 m
(f)
Deck into a required setback less than 4.0 m
0.6 m
(g)
Deck into a required setback of 4.0 m to 7.4 m
2.0 m
(h)
Deck into a required setback greater than 7.4 m
3.5 m
(i)
Unenclosed steps, landings and stairs which are
attached to a principal building and provide direct
access from ground level to the principal building into
required setback from front lot line or rear lot line
2.0 m
(j)
Unenclosed steps, landings and stairs which are
attached to a principal building and provide direct
access from ground level to the principal building into
required setback from side lot line
0.3 m
(k)
Balcony into required setback from front lot line
2.0 m
(l)
Balcony into required setback from rear lot line
3.5 m
(m)
Balcony into required setback from side lot line
0.6 m
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(n)
Eaves and eavestrough into a required setback for
accessory buildings
0.5 m
3.12(4)
Utilities, underground parking, and similar structures constructed entirely beneath the
surface of the ground may encroach into required yards provided such underground
encroachments do not result in a grade inconsistent with adjacent properties and the
encroachments are covered by sufficient soil depth or surface treatment to foster
landscaping.
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3.13
Setbacks from rural roads and intersections
3.13(1)
If a proposed development is located in the rural area, then the proposed development
must not be located within 30 m of the lot line abutting a rural road or highway unless
otherwise approved by the development authority.
3.13(2)
If a proposed development is located in the rural area, then the proposed development
must meet the required setbacks from rural roads and intersections as shown in Figure
3.13(A) and Figure 3.13 (B). (Bylaw 5-2025)
Figure 3.13(A): Minimum setbacks from rural roads and intersections
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Figure 3.13(B): Minimum setbacks from rural roads
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3.14
Site servicing and grading
Site servicing
3.14(1)
Site servicing such as private or public sewer, water, site grading, surface drainage and
stormwater management for a lot or a unit required as a result of a proposed
development shall comply with all County and provincial requirements.
3.14(2)
Where private or public sewer, water, site grading, surface drainage, stormwater
management or other essential services such as natural gas or power for lots or units are
required by the development authority, a development officer may impose a condition
requiring the applicant to enter into a developer agreement with the County to construct
or pay for the construction or upgrading of services necessary to serve the development.
3.14(3)
The applicant or owner shall provide a guaranteed security to ensure that all site servicing
is constructed and record drawings are submitted to the satisfaction of the development
authority.
Site grading
3.14(4)
The regulations in sections 3.14(5) - 3.14(13) are intended to apply primarily to those
situations where site grading (including construction of an artificial water body, but not a
dugout), is proposed independent of, or prior to, other development occurring on the
same lot or site.
3.14(5)
Unless otherwise exempted by this bylaw, site grading shall not be allowed in any zone
until a development permit has been issued.
3.14(6)
In all zones, site grading shall be considered a discretionary use, unless exempted by the
provisions of section 2.6.
3.14(7)
The time from commencement to completion of reclamation shall not exceed one year,
unless at the discretion of the development officer a different time period is specified.
3.14(8)
Contaminated topsoil or fill shall not be permitted to be placed or stored on any property
at any time.
3.14(9)
Despite any other regulation in this bylaw, site grading shall not be allowed in any
circumstance where it:
(a) negatively impacts water flows to and from adjacent lands; or
(b) modifies wetlands or drainage courses.
3.14(10) Where in the process of development areas require site grading, filling or excavation, the
topsoil shall be removed prior to work commencing, and shall be replaced following
completion of the work.
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3.14(11) Borrow areas may be considered in any agricultural zone provided that:
(a) a development permit has been issued for site grading, unless exempted by this
bylaw;
(b) the maximum area of excavation does not exceed 8.0 ha, the maximum amount of
material to be removed from the site does not exceed 40,000 m3, and the
excavated material does not contain either sand or gravel;
(c) there is no negative impact on water flows to and from adjacent lands;
(d) there is no negative impact on wetlands or drainage courses; and
(e) the time from commencement of excavation to completion of reclamation does not
exceed 120 days.
3.14(12) A development permit application for site grading shall include a site plan and a written
description of the development proposal, including but not limited to the following:
(a) the location and dimensions of the proposed disturbed area;
(b) existing site conditions of the land, including topography, vegetation and
watercourses;
(c) the type of site grading activity proposed showing dimensions of the operation of
the area or the land to be included, the depth to which the material is to be
removed or added and the effect on existing drainage patterns;
(d) proposed access, haul routes and haul activities;
(e) proposed methods for preventing nuisance from dust and erosion;
(f) measures for controlling erosion, weeds, and any other information related to
reclaiming the site;
(g) where required by a development officer, a letter or report signed by a qualified
soil testing or geotechnical firm confirming the quality of the topsoil or fill being
placed on the property; and
(h) where applicable, the costs required to reclaim the site.
3.14(13) In addition to the considerations listed in section 2.8(4), the development officer, when
making a decision respecting site grading, shall consider the following:
(a) the provisions of the Municipal Development Plan and any other relevant statutory
documents;
(b) the intent of the area and of the specific zone in which the activity is located;
(c) the intended use of the site;
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(d) relevant guidelines prepared by the Province of Alberta and any comments and
recommendations provided with a provincial approval;
(e) County standards and policies regarding wetlands;
(f) the Province of Alberta and County standards and policies regarding berms and
setbacks adjacent to municipal roads and provincial highways;
(g) the use of topsoil or clay materials as a beneficial resource to the region;
(h) designated historical resources;
(i) trees and maintenance of habitat during the critical wildlife nesting periods;
(j) prime agricultural lands in a productive state;
(k) environmentally significant and sensitive areas, with special consideration given to
areas identified within a biophysical assessment;
(l) watercourses, maintenance of positive drainage, and potential drainage effects on
adjacent or nearby properties;
(m) the potential nuisance effect on adjacent properties to mitigate negative impacts;
and
(n) potential damage to County roads and surface structure.
Security
3.14(14) The development authority or the subdivision authority may impose a condition of
approval requiring the applicant to provide a guaranteed security to ensure that all site
servicing, grading, and reclamation, is constructed in accordance with County standards to
the satisfaction of the development authority or subdivision authority, as applicable.
3.14(15) Estimates for site servicing, grading, and reclamation costs shall be provided by the owner
to the satisfaction of the development authority or subdivision authority, as applicable.
3.14(16) The security required under section 3.14(14) shall be in the form of cash or an irrevocable
letter of credit to a value equal to 50% of the County accepted estimated site servicing,
grading, and reclamation or a minimum of $10,000.
3.14(17) If an irrevocable letter of credit is offered as security it shall:
(a) be in a form to the satisfaction of the development authority;
(b) have an initial term of one year;
(c) be automatically renewable upon 60 days prior to the expiry date of the security,
until such time as the requirements of section 3.14(14) have been met.
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3.14(18) The required security shall be held by the County until the development authority or
subdivision authority, as applicable, is satisfied that:
(a) all the conditions of the development permit have been fulfilled;
(b) the construction of site servicing, grading or reclamation has been completed;
(c) record drawings have been submitted and accepted; and
(d) all site deficiencies have been rectified.
3.14(19) If the site servicing, grading or reclamation is not completed pursuant to section 3.14(14),
the County may draw on the security and the amount thereof shall be paid to the County
for its use.
3.14(20) In the event the owner does not complete the required site servicing, grading or
reclamation under section 3.14(14) and the security is insufficient for the County to
complete the required work should it elect to do so, then the owner shall pay such
deficiency to the County within 14 days upon being invoiced. The County shall provide a
statement of costs to the owner within sixty (60) days of completion of the required
improvements indicating how the proceeds of the security were applied.
3.14(21) The owner or developer shall notify the County in writing 14 days prior to completion of
site servicing, grading or reclamation in order to provide sufficient time for the
development authority to inspect the site servicing, grading or reclamation. If conditions
are accepted by the development authority by way of issuance of a Lot Grading Certificate
or Final Acceptance Certificate(s), the security may be released.
3.14(22) The development authority may, in its sole discretion, consider a partial release of security
where warranted.
3.14(23) Where required, the owner shall submit a record drawing(s) identifying the completed site
servicing or grading activities to verify that it has been completed in accordance with the
approved plan(s).
3.14(24) Based on the submitted record drawing(s) or site inspection or both, securities may be
released if the site servicing, grading or reclamation activities have been completed to the
satisfaction of the development officer.
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3.15
Tree clearing
3.15(1)
Unless otherwise exempted by this bylaw, tree clearing shall not be allowed in any zone
until a development permit has been issued.
3.15(2)
In all zones, tree clearing shall be considered a discretionary use, unless exempted by the
provisions of section 2.6.
3.15(3)
A development permit application for tree clearing shall be subject to the environmental
setback provisions of section 3.6.
3.15(4)
In addition to the development permit application requirements of section 2.7, the
development authority shall require the following information:
(a) purpose of the proposed tree clearing;
(b) description of the vegetation to be cleared;
(c) proposed schedule for tree clearing and hauling;
(d) proposed access and haul routes; and
(e) reclamation plan.
3.15(5)
In addition to the considerations listed in section 2.8(4), the development officer, when
making a decision on a tree clearing application, shall consider the following:
(a) the potential for the trees to be incorporated into future development to meet the
landscaping provisions of section 3.8;
(b) habitat during critical wildlife nesting and rearing periods;
(c) watercourses and environmentally sensitive areas;
(d) the health, size, fragmentation, biodiversity of the native trees;
(e) possibility of designation as environmental reserve; and
(f) the safety and potential nuisance effect on adjacent lots.
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3.16
Vehicular-oriented use requirements
3.16(1)
Vehicular-oriented uses shall not adversely impact the functioning of adjacent roads or
negatively affect any adjacent residential uses.
3.16(2)
A site for a vehicular-oriented use must comply with Table 3.16(A).
Table 3.16(A) : Vehicular-Oriented Use Site Criteria
Subsection
Regulation
Measurement
(a)
Minimum site area
930 m2
(b)
Minimum site area for a drive-through vehicle
service
140 m2 not
covered by
buildings for each
service bay
(c)
Minimum site area for a car wash
370 m2 not
covered by
buildings for each
car wash bay
(d)
Minimum site area for a service station
1200 m2
(e)
Despite (a), (b), (c) and (d), where two or more vehicular-oriented uses
are part of a development on the same site, the total site area
requirement is the sum of the requirements of the uses calculated
separately, unless there is a complementary use of space, which in the
opinion of a development officer, would warrant a reduction in site area
requirement
(f)
Minimum site width
30.0 m
(g)
Maximum site coverage
20%
3.16(3)
Queuing lanes shall provide sufficient space for turning and manoeuvring.
3.16(4)
Queuing spaces for vehicular-oriented uses must comply with Table 3.16(B).
Table 3.16(B) : Queuing Space Criteria
Subsection
Regulation
Measurement
(a)
Minimum length
6.0 m
(b)
Minimum width
3.0 m
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3.16(5)
The number of queuing spaces required for specific uses shall be calculated in accordance
with Table 3.16(C).
Table 3.16(C) : Queuing Space Requirements
Subsection
Type of development or use
Minimum queuing
space requirement
(a)
Drive through facility associated with a
restaurant or specialty food service use
8 per service lane
(including 5 that must be
in advance of any menu
order-board) plus 2
located downstream of
the service window
(b)
Drive through facility associated with a
financial service use
6 per service lane plus 1
located downstream of
the service window
(c)
Car wash facility
5 per service lane or
washing bay plus 2
located downstream of
each service lane or
washing bay
(d)
Other drive through facilities not specifically
listed in this table
3 inbound and 2
outbound for each
service lane or bay
3.16(6)
Service stations shall adhere to the following additional criteria:
(a) all pump islands shall be located a minimum of 6.0 m from any lot line, on-site
parking space or drive aisles on the site; and
(b) a canopy over a pump island shall be located a minimum of 3.0 m from all lot lines
of the lot on which it is located.