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horhild
County
LAND USE BYLAW
BYLAW NO. 1194-2015
Consolidated February 24, 2026; Updated February 27, 2026
Amendment to Part 9.1 as per Bylaw No. 1218-2016
Amendment to Part9.1 as per BylawNo. 1219-2016 (May30,2016)
Amendment to Part9.8 as per Bylaw No. 1220-2016 (May 30,2016)
Amendment to Section 8.2 Agricultural District as per Bylaw 1224-2016 (September 21,2016)
Amendment to Part 9.1 and 9.3 as per Bylaw No. 04-2017 (April 112017)
Amendment to Part 9.8 as per Bylaw No. 16-2017 (April 25 2017)
Amendment to Part 9.8 as per Bylaw No. 18-2017 (April 252017)
Amendment to Part 9.7 as per Bylaw No. 27-2017 (October 25 2017)
Amendment to Part 9.8 as per Bylaw No. 28-2017 (October 25 2017)
Amendment to Part 9.2 as per Bylaw No. 31-2017 (November 72017)
Amendments to Part 9.1 as per Bylaw No. 17-2018 (May 22,2018)
Amendment to Land Use Bylaw 1194-2015 as per Bylaw 34-2018 Regulations on Cannabis Use (October 9,2018)
Amendment to Land Use Bylaw 1194-2015 as per Bylaw 37-20 18 Land Use Bylaw Amendment
Amendment to Land Use Bylaw 1194-2015 as per Bylaw 02-2019 Land Use Bylaw Amendment
Amendment to Land Use Bylaw 1194-2015 as per Bylaw 07-2019 Land Use Bylaw Amendment
Amendment to Land Use Bylaw 1194-2015 as per Bylaw 14-2019 Land Use Bylaw Amendment
Amendmentto Land Use Bylaw 1194-2015 as per Bylaw 15-2019 LandUse Bylaw Amendment
Amendmentto Land Use Bylaw 1194-2015 as per Bylaw 16-2019 LandUse Bylaw Amendment
Amendment to Land Use Bylaw 1194-2015 as per Bylaw 04-2020 Land Use Bylaw Amendment
Amendment to Land Use Bylaw 1194-2015 as per Bylaw 18-2020 Land Use Bylaw Amendment
Amendment to Land Use Bylaw 1194-2015 as per Bylaw 11-2021 Land Use Bylaw Amendment
Amendment to Land Use Bylaw 1194-2015 as per Bylaw 16-2021 Land Use Bylaw Amendment
Amendment to Land Use Bylaw I 194-2015 as per Bylaw 21-2021 Land Use Bylaw Amendment
Amendment to Land Use Bylaw 1194-2015 as per Bylaw 06-2022 Land Use Bylaw Amendment
Amendment to Land Use Bylaw 1194-2015 as per Bylaw 08-2023 Land Use Bylaw Amendment
Amendment to Land Use Bylaw 1194-2015 as per Bylaw 09-2023 Land Use Bylaw Amendment
Amendment to Land Use Bylaw 1194-2015 as per Bylaw 13-2023 Land Use Bylaw Amendment
Amendment to Land Use Bylaw 1194-2015 as per Bylaw 09-2024 Land Use Bylaw Amendment
Amendment to Land Use Bylaw 1194-2015 as per Bylaw 03-2026 Land Use Bylaw Amendment
This document is consolidated into a single publication for the convenience of users. The Official
Bylaw and all amendments thereto are available from Thorhild County and
should be consulted in interpreting and applying this Bylaw.
In the case of any dispute, the original Land Use Bylaw must be consulted.
Table of Contents
GUIDE TO USING THORHILD COUNTY LAND USE BYLAW ....................................... 8
1 | General Administrative Procedures ............................................................................ 9
1.1
Title ............................................................................................................................... 9
1.2
Scope .............................................................................................................................9
1.3
Purpose.......................................................................................................................... 9
1.4
Metric & Imperial Measurements .................................................................................... 9
1.5
Compliance with Other Legislation ............................................................................... 10
1.6
Repeal ......................................................................................................................... 10
1.7
Definitions ....................................................................................................................10
1.8
Definitions Not Provided ............................................................................................... 47
1.9
Development Authority ................................................................................................. 47
1.10 Development Authority Officer ..................................................................................... 47
1.11 Council ........................................................................................................................ 48
1.12 Municipal Planning Commission .................................................................................. 48
1.13 Subdivision Authority ................................................................................................... 48
1.14 Subdivision and Development Appeal Board ............................................................... 48
2 | Development Permits, Rules and Procedures .......................................................... 49
2.1
Control of Development ................................................................................................ 49
2.2
Development Not Requiring a Permit ........................................................................... 49
2.3
Non-Conforming Buildings and Uses ............................................................................ 51
2.4
General Development Permit Application Requirements .............................................. 52
2.5
Industrial Development Permit Application Requirements ............................................ 55
2.6
Commercial & Recreation Development Permit Application Requirements ................... 55
2.7
Resource Extraction Development Permit Application Requirements ........................... 56
2.8
Excavation and Stripping of Land Development Permit Application Requirements ....... 58
2.9
Wind Energy Conversion System Development Permit Application Requirements ....... 58
2.10 Private Landfill Development Permit Application Requirements ................................... 59
2.11 Temporary Commercial & Recreational Dev Permit Application Requirements ........... 60
2.12
Cannabis Production and Distribution. ......................................................................... 61
2.13
Referral of Application ................................................................................................. 62
2.14 Decisions on Development Permit Applications ........................................................... 63
2.15 Powers of Variance ...................................................................................................... 65
2.16 Validity of Development Permits ................................................................................... 65
2.17 Notice of Decision ........................................................................................................ 66
2.18 Commencement and Completion ................................................................................. 66
2.19 Developer's Responsibility ........................................................................................... 67
2.20 On-Site and Off-Site Services and Improvements ........................................................ 67
3 | Appeals .................................................................................................................... 69
3.1
Development Appeals and Procedures ........................................................................ 69
3.2
Appeal Hearing Procedure ........................................................................................... 70
3.3
Decision ....................................................................................................................... 71
4 | Amendment to the Land Use Bylaw ......................................................................... 73
4.1
Application for Amendment .......................................................................................... 73
4.2
Public Hearing Process ................................................................................................ 75
5 | Enforcement, Penalties and Fines ............................................................................ 76
5.1
Contravention and Stop Orders .................................................................................... 76
5.2
Enforcement ................................................................................................................. 77
5.3
Violation Tickets and Fines .......................................................................................... 78
6 | General Provisions ................................................................................................... 79
6.1
Accessory Buildings ..................................................................................................... 79
6.2
Corner and Double Fronting Lots in Residential Districts .............................................. 82
6.3
Corner Sites and Site Line Protection ........................................................................... 84
6.4
Design, Character and Appearance of Buildings .......................................................... 87
6.5
Dev and Access Permit Requirements Adjacent to Municipal Roads & Highways ........ 87
6.6
Development Near Intersections and Road Curves ...................................................... 88
6.7
Development Setback Requirements ........................................................................... 90
6.8
Dwelling Units on a Parcel............................................................................................ 93
6.9
Existing Substandard Lots ............................................................................................ 94
6.10 Landscaping and Lighting ............................................................................................. 94
6.11 Objects Prohibited or Restricted in Yards ..................................................................... 95
6.12 Parking and Loading Regulations ................................................................................. 97
6.13 Pipeline and Other Utility Corridor Setbacks ............................................................... 102
6.14 Projections into Yards ................................................................................................. 102
6.15 Sign Regulations ......................................................................................................... 103
6.16 Site Conditions and Buffering Requirements ............................................................. 112
6.17 Site Protection from Exposure Hazards ...................................................................... 115
6.18 Sour Gas Facilities ..................................................................................................... 116
6.19 Subdivision of Land .................................................................................................... 116
6.20 Water Supply, Sanitary Facilities and Natural Gas ..................................................... 117
7 | Special Provisions .................................................................................................. 118
7.1
Bare Land Condominiums .......................................................................................... 118
7.2
Basic Campgrounds ................................................................................................... 118
7.3
Bed and Breakfast and Guest Ranch Operations ....................................................... 121
7.4
Cannabis Production and Distribution. ....................................................................... 122
7.5
Cannabis Retail Sales Establishments. ...................................................................... 123
7.6
Commercial Development in the Agricultural (AG) District .......................................... 124
7.7
Confined Feeding Operations and Manure Storage Facilities ..................................... 125
7.8
Crime Prevention Through Environmental Design ...................................................... 125
7.9
Day Use and Picnic Areas ......................................................................................... 125
7.10 Fences, Walls and Hedges ........................................................................................ 126
7.11 Garage Suites ........................................................................................................... 127
7.12 Home Occupations ..................................................................................................... 128
7.13 Industrial Developments ............................................................................................. 130
7.14 In-Law Suites ............................................................................................................. 130
7.15 Manufactured Home Parks ........................................................................................ 131
7.16 Manufactured Homes ................................................................................................ 132
7.17 Motels ........................................................................................................................ 134
7.18 Multi-Dwelling Developments ..................................................................................... 136
7.19 Natural Resource Extraction Industries ...................................................................... 136
7.20 Pet Keeping and Animal Breeding and/or Boarding Facilities .................................... 138
7.21 Places of Worship ...................................................................................................... 139
7.22 Recreational Uses ..................................................................................................... 139
7.23 Recreational Vehicle Campgrounds ........................................................................... 139
7.24 Recreational Vehicles. ............................................................................................... 141
7.25 Recreational Vehicles Located in Recreational Vehicle Campgrounds ....................... 141
7.26 Relocation of Buildings Other Than Manufactured Homes ......................................... 141
7.27 Residential Cluster Conservation Design Requirements ............................................. 142
7.28 Residential Cluster Conservation Uses ....................................................................... 146
7.29 Residential Uses ........................................................................................................ 151
7.30 Sea Cans and Shipping Containers ............................................................................ 153
7.31 Service Stations and Gas Stations ............................................................................. 154
7.32 Secondary Suites ....................................................................................................... 155
7.33 Small Radio Communication Facilities ....................................................................... 156
7.34 Solar Energy Collection Systems ............................................................................... 157
7.35 Subdivision for Country Residences and Farmstead Lots........................................... 157
7.36 Surveillance Suites ..................................................................................................... 159
7.37 Vehicle Washing Establishments. .............................................................................. 159
7.38 Wind Conversion Systems, Large .............................................................................. 160
7.39 Wind Conversion Systems, Micro ............................................................................... 162
7.40 Wind Conversion Systems, Small. .............................................................................. 162
7.41 Wireless Communication Facilities ............................................................................. 164
7.42 Work Camps .............................................................................................................. 165
8 | Land Use District Regulations ................................................................................ 168
8.1
Establishment of Land Use Districts ........................................................................... 168
8.2
AG - Agricultural District ............................................................................................ 170
8.3
HC - Highway Commercial District ............................................................................. 173
8.4
CR - Multi-lot Country Residential District .................................................................. 176
8.5
R1A - Low-Density Residential District ...................................................................... 179
8.6
R1B - Low-Density Residential District ...................................................................... 182
8.7
R2 - Medium-Density Residential District ................................................................... 185
8.8
RL - Long Lake Residential District ............................................................................ 188
8.9
RHB - Residential Home Business District ................................................................. 190
8.10 RCC - Residential Cluster Conservation District ........................................................ 195
8.11 RMH1 - Residential Manufacture Home Park District ................................................ 199
8.12 RMH2 - Residential Manufactured Home Subdivision District .................................... 201
8.13 C1 - Central Hamlet Commercial District ................................................................... 203
8.14 C2 - Large-lot Commercial District ............................................................................. 206
8.15 M1 - Rural Industrial District ...................................................................................... 210
8.16 M2 - Hamlet Industrial District .................................................................................... 213
8.17 M3 - Industrial District ................................................................................................ 215
8.18 PI - Public Institutional District ................................................................................... 218
8.19 UR - Urban Reserve District ...................................................................................... 220
8.20 DC1 - Private Landfill Direct Control District .............................................................. 222
8.21 DC2 - Recreational Direct Control District .................................................................. 227
8.22 NRE-DC - Natural Resource Extraction Direct Control District .................................... 229
9 | Land Use District Maps ........................................................................................ 230
9.1
Land Use District Map ................................................................................................ 231
9.2
Inset Map - Hamlet of Abee ....................................................................................... 232
9.3
Inset Map - Hamlet of Egremont ................................................................................ 233
9.4
Inset Map - Hamlet of Long Lake ............................................................................... 234
9.5
Inset Map - Hamlet of Newbrook ............................................................................... 235
9.6
Inset Map - Hamlet of Opal ........................................................................................ 236
9.7
Inset Map - Hamlet of Radway .................................................................................. 237
9.8
Inset Map - Hamlet of Thorhild .................................................................................. 238
Appendix A | Sustainable Resource Development Guidelines .................................... 239
GUIDE TO USING THORHILD COUNTY LAND USE BYLAW
The Land Use Bylaw establishes the regulations on how land can be developed (that is, how land
can be used and buildings can be either constructed or moved in) in Thorhild County.
Regulations vary depending on the location and types of development. Other Bylaws or
regulations of the County, Province or Federal Government must also be followed.
There are several parts of the Land Use Bylaw that need to be examined to understand how it
works. Firstly, the Land Use Bylaw maps divide the County into various Land Use District.
Secondly, the text of the Land Use Bylaw details the uses that are allowed in each District.
Thirdly, the text provides additional regulations that apply to certain uses and/or within certain
Districts. The following steps may assist the user:
1.
Locate the subject property on the Land Use District maps. These maps divide the
County into various Land Use Districts. Each Land Use District has a designation such as
"A" for AGRICULTURE or "CR" for MULTI-LOT COUNTRY RESIDENTIAL. Take
note of which Land Use District the subject property is located in. Also note if the subject
property is affected by an Area Structure Plan which may modify some of the uses and
regulations of the land Use Bylaw or impose additional regulations. PLEASE NOTE:
Land Use Districts are often referred to as "Zones" or "Zoning." In order to
conform to the language of the Municipal Government Act, this document uses the
terms "District" and "Districting."
2.
Check the table of contents and locate the Land Use District you are interested in. Each
Land Use District is listed alphabetically starting in Section 8. In each Land Use District
you will find a list of permitted and discretionary uses, subdivision regulations,
development regulations and other miscellaneous regulations. This determines how and
what can be developed in any given Land Use District. There are definitions in Section
1.3 that should also be consulted to ensure that words and terms used in the Land Use
Bylaw are understood.
3.
Review the table of contents to see if there are any general regulations that apply to the
situation or use in question. For example, Section 5 describes the enforcement procedure.
Section 6.1 contains general regulations about accessory buildings and Section 7.9
contains general regulations about Home Occupations, just to name a few.
4.
Discuss your proposal/concern with Planning and Development staff. County staff are
well trained and eager to assist you with your development/subdivision or general inquiry
issues and to explain procedures. They can also assist with other situations such as
enforcement or a Land Use Bylaw amendment.
NOTE: THIS PAGE IS INTENDED ONLY TO ASSIST USERS AND DOES NOT
FORM PART OF THIS BYLAW.
1 | General Administrative
Procedures
1.1 Title
The title of this Bylaw shall be the Land Use Bylaw of Thorhild County.
1.2 Scope
No development shall be permitted within the boundaries of Thorhild County except in
conformity with the provisions of this Bylaw.
1.3 Purpose
The purpose of this Bylaw is to regulate the use and development of land and buildings
within the County to achieve the orderly and economic development of land, and for that
purpose, amongst other things:
(1)
to divide the County into districts;
(2)
to prescribe and regulate for each district the purposes for which land and
buildings may be used;
(3)
to establish a method of making decisions on applications for development
permits including the issuing of development permits;
(4)
to provide the manner in which notice of the issuance of a development permit is
to be given;
(5)
to implement the policies of the statutory plans of Thorhild County;
(6)
to establish supplementary regulations governing certain specific land uses; and
(7)
to establish the procedures for making amendments to this Bylaw.
1.4 Metric & Imperial Measurements
Whenever measurements are presented in this Bylaw, metric values are used and shall
take precedence. Imperial equivalents, provided in parenthesis, are approximate and
intended for information only.
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1.5 Compliance with Other Legislation
In addition to the requirements of this Bylaw, an applicant must comply with any Federal,
Provincial or Municipal legislation including requirements of a Development Permit or
Agreement.
The applicant/landowner must also comply with the conditions of any easement or
covenant which affects the development or subdivision.
1.6 Repeal
This Bylaw comes into force on receiving Third and Final reading by Council and repeals
Land Use Bylaw 989-98 and any resolutions made thereunder or amendments thereto,
which shall cease to have effect on the day this Bylaw comes into force.
1.7 Definitions
For the purposes of this Bylaw:
"Abattoirs" means premises where livestock is slaughtered and the meat is cut, cured,
smoked, aged, wrapped or frozen for distribution to retail stores.
"Abut or abutting" means immediately contiguous or physically touching, and, when
used with respect to a lot or site, means that the lot or site physically touches upon
another lot or site, and shares a property line or boundary line with it.
"Accessory building" means a building separate and subordinate to the main building
and use which is incidental to the main building and is located on the same parcel of land.
An accessory building to a residential use means a garage, carport, shed, storage
buildings, hobby greenhouse, sundeck, patio, permanently installed private swimming
pool or hot tub, and similar buildings. Where an accessory development is attached to the
main building on a lot by a roof or an open or enclosed structure, except carports where
vehicular access to the rear yard is not obstructed, said accessory development is part of
the main building and not an accessory building and shall, unless otherwise specified in
this Bylaw, adhere to the yard and other requirements for main buildings.
"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, R.S.A. 2000, as amended.
general administrative procedures | 1
Figure 1: Adjacent land examples in rural and hamlet/multi-lot residential areas
"Activities Designation Regulation" means the Activities Designation Regulation, Alta.
Reg. 276/2003, as amended.
"Adjacent land" means land that is contiguous to a particular parcel of land and
includes land that would be contiguous if not for a highway, road, river or stream (see
Figure 1).
"Adult entertainment" means an establishment which provides live entertainment for
its patrons, which includes the display of nudity.
"Adult use" means any of the following: Adult Bookstore, Adult Motion Picture
Theatre, Adult Paraphernalia Store, Adult Video Store, and Live Nudity Establishment or
any other business or establishment characterized by an emphasis depicting, describing or
related to sexual conduct or excitement. For the purposes of this definition, an adult use is
any use or combination of uses which either have greater than twenty-five percent (25%)
of the subject establishment's inventory stock; or twenty-five percent (25%) of the
subject premises' gross floor area, or 18.6 m2 (200 sq. ft.), whichever is greater, devoted
to materials for sale or rent distinguished by or characterized by their emphasis depicting,
describing, or relating to sexual conduct or sexual excitement.
"Airport" means any area of land or water, including the frozen surfaces thereof, or
other supporting surfaced used or intended to be used either in whole or in part for the
arrival and departure or servicing of aircraft, and includes any building, installation or
equipment in connection therewith.
1 | general administrative procedures
"Agricultural industry" means an industrial activity involving the processing, cleaning,
packing or storage of the results from agricultural production. Agricultural industry
includes, but is not restricted to, seed cleaning and/or processing plants, and grain
elevators, but does not include the manufacture of processed foods resulting from
agricultural production or abattoirs.
"Agricultural operation" means an agricultural operation as defined in the Agricultural
Operation Practices Act.
"Agricultural production" means the production of an agricultural operation. It shall
also mean the agricultural product storage, service facilities and farmsteads which relate
to the individual farm unit.
"Amusement establishment, Indoor" means a development providing recreational
facilities with table games and/or electronic games played by patrons for entertainment.
Indoor amusement establishments include billiard parlours and electronic games arcades
with tables and/or games and bowling alleys.
"Amusement establishment, Outdoor" means a development providing recreational
facilities outdoors played by patrons for entertainment. Outdoor amusement
establishments include amusement parks, go-cart tracks, and miniature golf courses.
However, outdoor amusement establishments do not include drive-in motion picture
theatres, carnivals or circuses.
"Anaerobic digester" means a building or facility that can produce conditions that
encourage the natural breakdown of organic matter by bacteria in the absence of air.
"Animal breeding and/or boarding facility" means an establishment for the keeping,
breeding, housing, exercising, training, and/or raising of three (3) or more animals over
six months in age, that are not livestock for profit or gain, but shall not apply to the
keeping of animals in a veterinary clinic for the purpose of observation and/or recovery
necessary to veterinary treatment.
"Animal hospital" means a building used by veterinarians primarily for the purposes of
the consultation, diagnosis and office treatment of household pets, but shall not include
long-term board facilities for animals nor kennels.
"Apartment" see "Dwelling, apartment".
"Auctioneering establishment" means a development specifically intended for the
auctioning of goods and equipment, including the temporary storage of such goods and
equipment. Auctioneering establishments do not include flea markets.
general administrative procedures | 1
"Automotive and equipment repair shop" means a development where automobiles,
motorcycles, snowmobiles and similar vehicles are serviced or mechanically repaired and
where related accessories and parts are sold and/or installed. Automotive and equipment
repair shops include transmission shops, muffler shops, tire shops, automotive glass
shops, and upholstery shops, but not body repair or paint shops.
"Automotive and recreational vehicle sales/rentals establishment" means a
development where new or used automobiles, trucks, motorcycles, snowmobiles, tent
trailers, boats, travel trailers, or similar recreational vehicles or craft are sold or rented,
together with incidental maintenance services and sale of parts. Automotive and
recreational vehicle sales/rental establishments include automobile, recreational vehicle,
and motorcycle dealerships and rental agencies.
"Auto wrecker" means a use where the primary activity is the storage and wrecking of
vehicles, usually for parts or scrap metal re-sale.
"Bare land condominium" means a condominium development containing Bareland
Condominium Units, created specifically through subdivision and registered as a
condominium plan in accordance with the Condominium Property Act, RSA 2000, c. 22.
"Bare land condominium unit" means a bare land unit as defined in the Condominium
Property Act, RSA 2000, c. 22.
"Basement" means the portion of a development which is wholly or partially below
grade, having above grade no more than 1.8 m (6.0 ft.) of its clear height lying below the
finished level of the floor directly above.
"Bed and Breakfast Establishment" means a development within a dwelling which
possesses a dwelling unit, where temporary sleeping accommodations, up to a maximum
of two (2) bedrooms, with or without meals, are provided for remuneration to members of
the public. A bed and breakfast establishment shall not include a boarding house.
"Berm" means a landscaped earthen mound that is utilized to attenuate the noise and
visual effects of adjacent land uses and/or direct ground water flows as part of an
engineered storm water management system.
"Bioreactor landfill" means a Class II Landfill where leachate is recirculated and other
moisture sources are added to the waste to increase the rate of degradation.
"Boarding house" means a building or portion thereof where meals are served for a
remuneration involving no more than three (3) persons, exclusive of the occupant and
immediate family. For the purposes of this Bylaw, boarding houses shall not include an
eating or drinking establishment, a drive-in restaurant, a refreshment stand, or other
similar use.
1 | general administrative procedures
"Buffer" means berms, fencing and planting for the purpose of screening noise, views,
dust, sprays and uses between properties where off-site impacts may occur.
"Building" includes anything constructed or placed on, in, over or under land but does
not include a highway or road or a bridge that forms part of a highway or road.
"Building area" means the greatest horizontal area of a building above grade within the
glassline of exterior walls, or within the glassline of exterior walls and the centerline of
fire walls.
"Building height" means the vertical distance between the building grade and the
highest point of a building, excluding a stairway entrance, an elevator housing, a
mechanical skylight, ventilating fan, chimney, steeple, fire wall, parapet wall, flagpole or
similar device not structurally essential to the building (see figure 2).
Figure 2: Building Height
"Bulk fuel storage and sales" means lands, buildings and structures for the storage and
distribution of fuels and oils including retail sales and key lock operations.
"Business support services establishment" means a development providing support
services to businesses. Business support services establishments are characterized by one
or more of the following features: the use of minor mechanical equipment for printing,
duplicating, binding or photographic processing; the provision of office maintenance or
custodial services; the provision of office security; or the sale, rental, repair or servicing
of office equipment, furniture and machines. Business support services establishments
include printing establishments, film processing establishments, janitorial firms, and
office equipment sales and repair establishments.
"Campground" means a development where tents are erected and/or recreational
vehicles are parked for the purpose of overnight or short term accommodation. A
campground includes any building, structure, tent, vehicle or enclosure accessory to the
main use that is located on the land and used as an integral part of the campground such
as washhouses, gazebos, picnic shelters, etc.
general administrative procedures | 1
(Amended as per Bylaw 34-2018)
"Cannabis" means cannabis plant, fresh cannabis, dried cannabis, cannabis oil, cannabis
plant seed and any other substance defined in the Cannabis Act (Canada) and its regulations,
as amended from time to time and includes edible products that contain cannabis. Cannabis
does not include:
(a)
A non-viable seed of a cannabis plant;
(b)
A mature stalk (without leaves, flowers, seeds, or branches) of a cannabis plant;
(c)
The root or any part of the root of a cannabis plant.
"Cannabis accessory" means cannabis accessory as defined in the Cannabis Act.
"Cannabis infused product" means a product infused with cannabis that is intended for use
or consumption other than by smoking, including but not limited to edible products, ointments
and tinctures.
"Cannabis lounge" means a development where the primary purpose of the facility is the
sale of cannabis to the eligible public, for the consumption within the premises that is
authorized by provincial or federal legislation. This use does not include cannabis production
and distribution;
"Cannabis, Medical" means cannabis that is obtained for medical purposes in accordance
with applicable federal law;
"Cannabis production and distribution" means a development used principally for one or
more of the following activities relating to cannabis:
(a)
The licensed production, cultivation, and growth of cannabis;
(b)
The licenced processing of raw materials;
(c)
The licenced making, testing, manufacturing, assembling, or in any way
altering the chemical or physical properties of semi-finished or finished
cannabis goods or products;
(d)
The licenced storage or shipping of materials, goods, or products, or;
(e)
The licenced distribution and whole sales of materials, goods, and products to
cannabis retail sales stores or to individual customers;
"Cannabis retail sales" means a licenced development used for the retail sales of cannabis
that is authorized by provincial or federal legislation. This use may include retail sales of
cannabis accessories, as defined in the Cannabis Act This use does not include cannabis
production and distribution.
Thorhild County
1| general administrative procedures
"Caretaker/security residence" means a dwelling unit on a parcel of land which is
incidental and contained within a main building, or one manufactured home which is
incidental to the main use, provided that the dwelling unit is specifically used in
conjunction with the protection of private property.
"Carport" means a roofed structure used for storing or parking not more than two (2)
vehicles and which has not less than forty percent (40%) of its total perimeter open and
unobstructed.
"Carrier" means a company or applicant that provides wireless commercial or essential
institutional communications services.
"Cell" or "Cells" means a designed or designated area, or areas, of a Class II Landfill
comprised of an excavation or earthen structure in which waste is enclosed by a Cover.
"Cemetery" means development of land for the interment or entombment of the
deceased, and may include, at the discretion of the Development Authority,
crematoriums, mausoleums and memorial parks or a religious assembly, and one attached
or separate manse.
"Class I compost facility" means a Class I Compost Facility as defined in the Activities
Designation Regulation and excludes the processing of hazardous waste or hazardous
recyclables as those terms are defined in the Waste Control Regulation.
"Class II compost facility" means a Class II Compost Facility as defined in the
Activities Designation Regulation and excludes the processing of hazardous waste or
hazardous recyclables as those terms are defined in the Waste Control Regulation.
"Class II landfill" means a Class II Landfill as defined in the Waste Control Regulation,
except for the purposes of this Bylaw, for a bioreactor landfill as defined in this Bylaw,
and further excludes the processing of hazardous recyclables as those terms are defined in
the Waste Control Regulation. Without limiting the foregoing, a Class II landfill may
include all, or some of the following:
(a)
a Cell or Cells,
(b)
site perimeter fencing,
(c)
lockable gates for site entrance and exit,
(d)
signage,
(e)
facilities for vehicle and waste weighing and auditing,
(f)
moveable wind screening,
(g)
litter-catching fencing,
(h)
soil stockpiling,
(i)
landscaped berming,
(j)
facilities for managing the sound, odour, and appearance of landfill operation,
1 | general administrative procedures
1 general administrative procedures | 1
(k)
equipment for waste spreading and compacting, as well as equipment for
excavating and placing Cover,
(l)
Wheel Wash Facility,
(m)
facilities for monitoring and managing Leachate, Landfill gas, groundwater and
surface water,
(n)
buildings and roads necessary for the operation and maintenance of, or
customarily incidental and subordinate to, a Class II Landfill approved, or
conditionally approved, by Alberta Environment and Parks.
"Closure or transitional use" means:
(a)
the construction of a final Cover for a Cell, including placement of barrier layer,
subsoil arid topsoil as required for the intended future use of the Cell, once closed,
and/or
(b)
a development or use of lands approved by Council for a closed Cell or other
disturbed lands (e.g. lands formerly used for a Class II Landfill, Class I Compost
Facility, or a Recycling Facility, or related uses), including without restriction, the
stabilization, contouring, maintenance, conditioning and reconstruction of a closed
Cell or other disturbed lands,
upon the applicant's provision of evidence satisfactory to Council that the proposed
development or use is suitable for the lands and, where applicable, that the proposed
development or use is authorized by and complies with any applicable approval, or
license, order, directive or certificate issued by the responsible provincial ministry for the
proposed development.
"Co-location" means locating on a site and tower with other Wireless Communications
Operators.
"Commercial use" means a business through which products, services, or entertainment
are available to consumers, whether the general public or other commercial
establishments, and does not include the manufacturing of products. Commercial use
shall include business support services establishments, drive-in businesses, drive-in
restaurants, eating and drinking establishments, entertainment establishments, general
retail stores, greenhouses, health services, hotels, office uses, and personal service shops.
This use does not include cannabis retail sales.
(Amended as per Bylaw 34-2018)
"Communal housing" means a group of people living together, in their own private homes, yet
share spaces such as a large kitchen and dining area.
(Amended as per Bylaw 16-2021)
"Cover", for the purposes of the Private Landfill Direct Control (DC1) District, means
soil or other authorized material that is used to cover compacted solid wastes within a
Class II Landfill or Cell.
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"Confined feeding operation" means a confined feeding operation as defined in the
Agricultural Operation Practices Act.
"Contractor service, Limited" means a development where electrical, plumbing,
heating, painting and similar contractor services are provided, primarily to individual
households, and where goods normally associated with the contractor service may be
stored and sold, where all materials are kept within an enclosed building, and where
there are no accessory manufacturing activities or parking or storage of more than
four (4) vehicles.
"Contractor service, General" means a development where building, concrete,
landscaping, electrical, excavation, drilling, heating, plumbing, paving, road, oil field,
pipeline, or similar services of a construction or services nature are provided, which have
on-site storage of materials, construction equipment, or vehicles normally associated with
the contractor service, and which is not a limited contractor service. Any sales, display,
office or technical support service areas shall be accessory to the main use only.
"Corner lot" see "Lot, Corner"
"Council" means the Council of Thorhild County.
"Country residential use" means a single detached dwelling which is situated on a
parcel of land used solely for residential purposes and accessory uses. The single
detached dwelling may be occupied permanently or seasonally.
"Coverage" means the sum of the ground floor areas of all buildings on a lot divided by
the area of the lot.
"Date of issue" means the date on which the notice of a decision of the Development
Authority is published, or five (5) working days after such a notice is mailed.
"Day care facility" means a provincially licensed development providing daytime
personal care, maintenance and supervision to seven (7) or more children under the age of
eleven (11) years, by persons unrelated to the children by blood or marriage, but does not
include overnight accommodation. Day care facilities include day care centres, day
nurseries, kindergartens, nursery school, play schools and after-school or baby-sitting
programs which satisfy this definition. Day care facilities shall not include a day home, a
family care facility, a group care facility, or a school operated by a School Division.
"Day home" means a provincially licensed child care facility operated from a dwelling
supplying supervision to a maximum of six (6) children under the age of eleven (11)
years or senior citizens, including any resident children and seniors, for periods of more
than three (3) but no more than fourteen (14) consecutive hours. A day home may supply
an outside recreation space that is both fenced and gated, and shall meet all fire
regulations and health regulations.
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"Deck" means any open structure attached to a building having a height greater than 0.6
m (2.0 ft.) above grade, and thereby requiring stairs and railings as outlined in regulations
approved under the Safety Codes Act. A deck shall not have walls higher than 1.25 m
(4.1 ft.) or a roof.
"Density" means a measure of the average number of persons or dwelling units per unit
of area.
"Developer" means an owner, agent or any person, firm or company required to obtain
or having obtained a development permit.
"Development" means
(a)
an excavation or stockpile and the creation of either of them, or
(b)
a building or an addition to or replacement or repair of a building and the
construction or placing of any of them in, on, over or under land, or
(c)
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, or
(d)
a change in the intensity of use of land or a building or an act done in relation
to land or a building that results in or is likely to result in a change in the
intensity of use of the land or building;
and without restricting the generality of the foregoing, includes:
(i)
in the case of a lot used for residential purposes, alterations made to a building or
an additional building on the lot whether or not the building is a dwelling or part of
a dwelling unit,
(ii)
in the case of a lot used for other than residential purposes, alterations or additions
made to a building on the lot or a use of the lot which would increase either the
capacity of the building or the intensity of use of the lot,
(iii) the display of advertisements or signs on the exterior of a building or on any land,
(iv) the deposit of earth, debris, waste materials, refuse, or any other material on any
land, including land already being used for that purpose, or if the natural
topography or drainage is altered,
(v)
any increase in the number of households occupying and living in any building
or on any site, and any construction or alterations or additions which would
provide for an increase in the number of households which could occupy and
live in any building or on any site, including any increase in the number of
dwelling units in a building or on a site,
(vi) the placing of refuse or waste material on any land,
(vii) the use of land for the storage or repair of motor vehicles or other machinery or
equipment,
(viii) the continued use of land or of a building for any purpose for which it is being
used unlawfully when this Bylaw comes into effect,
(ix) the demolition or removal of a building,
(x)
the placement of an already constructed or a partially constructed building on a
parcel of land,
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(xi) the use of land for the parking of trailers, bunk houses, portable dwellings, skid
shacks, or any other type of portable building whatsoever, whether or not the
same has been placed or affixed to the land in any way,
(xii) the removal of topsoil from land,
(xiii) the recommencement of the use to which land or a building has been previously
put if that use has been discontinued for a period of more than six months, or
(xiv) the use of land for storage purposes or for the repair of equipment, vehicles or
other kinds of machinery.
"Development Authority" means the development authority of the County as
established in the Approving Authorities and Municipal Planning Commission Bylaw.
(Amended as per Bylaw 04-2020)
"Development Authority Officer" means the development authority officer of the
County as established by this Bylaw. (Amended as per Bylaw 04-2020)
"Development permit" means a document authorizing a development issued pursuant to
this Land Use Bylaw.
"Discontinued" means the time at which, in the opinion of the Development Authority,
substantial construction activity or use, whether conforming or not conforming to this
Bylaw, has ceased.
"Discretionary use" means the use of land or a building provided for in this Land Use
Bylaw for which a development permit may be issued upon an application having been
made.
"Domestic pets" means animals which are not livestock as defined in the Agricultural
Operation Practices Act and which are often kept within a dwelling unit. Such animals
include dogs, cats, and similar animals.
"Drinking establishment" means a development possessing a Class A Minors
Prohibited liquor license, where the sale and consumption of liquor on-site are open to
the public and where alcohol, rather than food, is the predominant item consumed. A
drinking establishment does not include an entertainment establishment or a cannabis
lounge.
(Amended as per Bylaw 34-2018)
"Drive-in business" means a development which serves customers traveling in motor
vehicles driven onto the site where such business is carried on, where normally the
customer either remains in the vehicle for service, or parks the vehicle for a short period for
the purpose of doing business at the premises. Drive-in businesses include service stations,
gas bars, drive-in restaurants, drive- through vehicle service establishments such as
lubrication shops, recycling depots, and car washes, but does not include bulk fuel storage
and sales establishments or cannabis retail sales.
(Amended as per Bylaw 34-2018)
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"Drive-in restaurant" means an eating and drinking establishment which is designed as a
drive-in business. Drive-in restaurants may have one or more of the following features: car
attendant services, drive-through food pickup services, or parking primarily intended to allow
for the on-site consumption of food within a motor vehicle.
"Duplex" see "Dwelling, duplex".
"Dwelling" means any building used exclusively for human habitation. This definition
shall include single detached dwellings, duplexes, semi-detached dwellings, row housing,
apartments, and manufactured homes.
"Dwelling, apartment" means a dwelling containing three or more dwelling units, but
shall not mean row housing.
"Dwelling, duplex" means a dwelling containing two (2) dwelling units which share a
common wall, and/or which are located in part or in whole one above the other.
"Dwelling, row housing" means a building consisting of at least three dwelling units
with each unit having direct access to the outside grade, but shall not mean apartment.
"Dwelling, single detached" means a building consisting of one (1) dwelling unit. A
single detached dwelling is a dwelling which is normally constructed on-site. However, a
single detached dwelling may be constructed in pieces off-site, or even in one piece, with
the piece(s) being transported to the site for assembly on-site, and thus may be a modular
dwelling.
"Dwelling unit" means a complete dwelling or self-contained portion of a dwelling, set
or suite of rooms which contains sleeping, cooking and separated or shared toilet
facilities, intended for domestic use, and used or intended to be used permanently, semi-
permanently, or seasonally as a residence for one (1) household, and which, except for a
secondary suite, is not separated from direct access to the outside by another separate
dwelling unit.
"Eating and drinking establishment" means a development where food and/or beverages
are prepared and offered for sale to the public, for consumption within the premises, at an
accessory outdoor seating area on the site, or off the site. An eating and drinking
establishment does not include either a drinking establishment or an entertainment
establishment unless otherwise provided for in an approved development permit.
"Entertainment establishment" means a development where persons are entertained by
music, theatre, or the like. An entertainment establishment includes theatre, dancing or
cabaret entertainment, whether recorded or live. An eating and drinking establishment may
contain within it an entertainment establishment, but only if specifically provided for in an
approved development permit.
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"Equipment rental establishment" means a development where tools, appliances,
recreation craft, office machines, furniture, light construction equipment, or similar items
are rented and serviced. Equipment rental establishments do not include developments
where motor vehicles or industrial equipment are rented or serviced.
"Established grade" means the average of
the highest (A) and lowest (B) elevation of
finished surface of the ground where it meets
the exterior main walls of a building or the
average elevation of the finished grade of the
ground immediately surrounding a structure,
exclusive in both case of any artificial
embankment
or entrenchment (see figure 3).
Figure 3: Established grade.
"Excavation" means any breaking of ground, except common household gardening and
ground care.
"Extensive agriculture" means the use of land or buildings, including one dwelling,
for an agricultural operation, but not including intensive agriculture, cannabis
production and distribution, or a confined feeding operation which requires either a
registration or an approval under Part 2 of the Agricultural Operations Practices Act.
(Amended as per Bylaw 34-2018)
"Extensive recreation" means a development where the prime reason for location is to take
advantage of natural features including the availability of large areas of land to provide for
non-facility oriented recreational activities. In the context of a large area of land, that is,
anything over 32 ha (79.1 ac.), extensive recreation may include such activities as hunting,
trail riding, snowmobiling, hiking and other similar uses. In the context of a smaller area of
land, that is, anything under 32 ha (79.1 ha), extensive recreation may include the provision
of opportunities for viewing nature, fishing, relaxation, and rest, and may or may not include
a site where only one or two recreational vehicles or campsites may be located, and/or one
cottage, single detached dwelling or manufactured home.
"Exterior wall" means the outermost point of a building projection, including, but not
limited to, bay windows, oval windows, chimneys and verandas, but not including roof
overhangs less than 0.6 m (2.0 ft.).
"Family care facility" means a facility which provides resident service in a dwelling to
six (6) or fewer individuals who are not related to the resident household. These
individuals are physically handicapped, aged, or disabled, and in need of adult
supervision for those reasons and are provided service and supervision in accordance with
their individual needs. This category includes foster or boarding homes for children, but
not group homes.
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"Farmstead" means a habitable dwelling unit, together with improvements which are
either accessory to the dwelling unit and/or used in connection with the raising or
production of crops or livestock, and situated on a parcel of land used in connection with
such agricultural operations.
"Fence" means a vertical physical barrier constructed to try to reduce sound or visual
intrusion or to limit unauthorized access.
"Floor area" means the total area of all floors of a building above grade within the
outside surface of exterior walls or within the glassline of exterior walls and the
centreline of fire walls, but not including the floor area of basements, attached garages,
sheds, open porches or breezeways, except that all dwelling units in an apartment shall be
included in the calculation of floor area.
"Fragmented parcel" means a parcel of land or a part of a parcel of land that is
separated from the balance of a titled parcel by a natural barrier such as a river or a coulee
which prohibits reasonable or normal access, or by a physical barrier such as a highway,
road or railroad.
"Front line" means the boundary line of a lot lying adjacent to a highway or road. In the
case of a corner lot, the shorter of the two boundary lines adjacent to the highway or road
shall be considered the front line.
"Front yard" means a yard extending across the full width of a lot from the front line of
the lot to the nearest exterior wall of the main building situated on the lot.
"Fur farm" means any land, building, or premises used for the keeping, breeding, or rearing
of furbearing livestock.
"Garage" means a building to be used for the storage of vehicles such as a passenger car, a
truck with a gross vehicle weight of two (2) tonnes or less, a recreational vehicle, a boat, or
similar chattels.
"Garage suite" see "Suite, garage".
"Garden suite" see "Suite, garden".
"General retail establishment" means a development where, among other goods,
groceries, beverages, household goods, furniture, appliances, home improvement
supplies, hardware, printed matter, confectionary, tobacco, pharmaceutical, personal
care items, automotive parts and accessories, electronic equipment, recordings, office
equipment, stationary, second hand goods, and similar goods are bought, rented, and/
or sold, except for any and all types of alcoholic beverages or cannabis. Minor public
services, such as postal services and film processing depots may also be provided.
(Amended as per Bylaw 34-2018)
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"Government services" means a development where municipal, provincial, or federal
government services are provided directly to the public. Government services do not
include protective and emergency services, major and minor utility services, and public
education facilities. Government services may include government administration offices,
courthouses, postal distribution offices, manpower and employment offices and social
services offices.
"Greenhouse" means a commercial establishment, with or without a building, where
vegetables, flowers and other plants are grown for sale as plants, and which may include
a market garden, plant nursery or hydroponics or aquaponics operation. This does not
include cannabis retail sales or cannabis production and distribution.
(Amended as per Bylaw 34-2018)
"Group care facility" means a facility which provides resident services to seven (7) or
more individuals of whom one or more may be related. These individuals are physically
handicapped, aged, or disabled, and in need of adult supervision for those reasons and are
provided service and supervision in accordance with their individual needs. This category
includes foster or boarding homes for children, but not group homes.
"Group home" means a building or portion of a building used for the care or
rehabilitation or adults or children which is not predominantly related to age or a physical
disability or the care or rehabilitation of the aged or the physically disabled. Group homes
include halfway houses, addiction rehabilitation centres, care which is an alternative to
legal incarceration, or treatment for mental illness or mental instability.
"Guest house" means an accessory building to a single detached dwelling, which contains a
dwelling unit or part of a dwelling unit which is used solely by members of the family or by
temporary guests of the family occupying the single detached dwelling.
"Guest ranch" means a development accessory to an agricultural development, where
temporary sleeping accommodations, up to a maximum of ten (10) sleeping units, with or
without meals, are provided for remuneration to members of the public. A guest ranch shall
not include a boarding house.
"Head shop" means a retail outlet which specializes in the sale of cannabis accessories,
drug paraphernalia related to consumption of cannabis, other recreational drugs, and new
age herbs, as well as counterculture art, magazines, music, clothing and home decor. This
does not include cannabis retail sales or cannabis production and distribution;
(Amended as per Bylaw 34-2018)
"Health service" means a development where physical or mental health services are
provided on an out-patient or on an in-patient basis. If the services are provided on an
inpatient basis, health service may include room and board for the sick, injured, or
infirm, and may also include accessory staff residences. Such services may be of a
preventative, diagnostic, treatment, therapeutic, rehabilitative, or counselling nature.
Health services include medical, chiropractic, and dental offices, medical cannabis
clinics, health clinics and counselling services, hospitals, sanatoriums, nursing homes,
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convalescent homes, isolation facilities, psychiatric hospitals, auxiliary hospitals,
supportive living facilities, and detoxification centres.
(Amended as per Bylaw 34-2018)
"Heavy truck and equipment storage" means the on-lot storage, inside a single accessory
building, of heavy trucks and equipment owned and operated by a resident or residents of the
single detached dwelling or manufactured home situated on the same lot.
"Higher capability agricultural land" means a quarter section with at least sixty
percent (60%) of its area rated as Canada Land Inventory 1 to 4 for agriculture.
"Highway" means a highway as defined in the Public Highways Development Act, R.S.A.
2000.
"Highway commercial use" means a commercial use intended to serve the motoring public
and includes, but is not limited to, service or gas stations, drive-in restaurants, and motels.
This use does not include cannabis retail sales establishments.
(Amended as per Bylaw 34-2018)
"Home occupation" means any occupation, trade profession, or craft carried on by an
occupant of a dwelling as a use secondary to the residential use of the building, and
which does not change the character of or have any exterior evidence of such secondary
use other than a sign as allowed in this Bylaw. For the purposes of this Bylaw, home
occupations are divided into two sub- classifications - major home occupations and
minor home occupations - with specific regulations for each as indicated in this Bylaw.
A minor home occupation does not include any business which would normally attract
more than five (5) clients per week, or the employment at the dwelling or accessory
buildings of any paid assistant, other than the occupants of the dwelling. A major home
occupation may include a business which would normally attract more than five (5)
clients per week but does not include the employment at the dwelling or accessory
buildings of more than two (2) paid assistants, other than the occupant and the occupant's
family. A home occupation does not include cannabis retail sales or cannabis production
and distribution.
(Amended as per Bylaw 34-2018)
"Hotel" means a building containing rentable units, occupied or equipped to be occupied as
a temporary abode for tourists or transients, which also may contain a general retail
establishment, a drinking establishment, or an eating and drinking establishment; however, a
hotel shall not include an entertainment establishment unless specifically provided for in an
approved development permit. A hotel shall not include a work camp.
"Household" means:
(a)
a person, or
(b)
two (2) or more persons related by blood, marriage, a common law
relationship, or adoption, or
(c)
a group of not more than five (5) persons who are not related by blood,
marriage, or adoption, all living together as a single housekeeping group
and using cooking facilities shared in common. A household may also
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include bona fide servants, up to two (2) boarders or lodgers, or up to four
(4) foster children.
"Household repair service" means a development where goods, equipment and
appliances normally found within a dwelling unit may be repaired. Household repair
services include radio, television, appliance and electronics repair shops, and furniture
refinishing and upholstery shops, but not personal service shops. Household repair
services do not have any outdoor storage.
"Indoor amusement establishment" see "Amusement establishment, indoor".
"Indoor recreation facility" means a development for sports and active recreation
within an enclosed building. Indoor recreation facilities include such facilities as ice
arenas, gymnasiums, curling rinks, swimming pools, and similar, though smaller,
facilities. As well, indoor recreation facilities may also include meeting rooms and eating
and drinking establishments as accessory uses.
"Industrial use, Forest-based" means an industrial operation that manufactures or
produces forest products and generally includes lumber manufacturing facilities, oriented
strand board plants, pulp mills and sawmills.
"Industrial use, Heavy" means an industrial development which may not be able to co-
exist compatibly in proximity to other uses or population concentrations due to: the
potential for an adverse environmental impact beyond the immediate site of the industrial
use; the potential for significant toxic or noxious by-products such as air or water-born
emissions; or the potential to emit significant noise, smoke, dust, odour, vibration, etc.,
which may be offensive or hazardous to human health, safety or well-being. Heavy
Industrial uses also include: the storage of toxic, flammable or explosive products in
significant quantities; rendering plants, petro-chemical industrial establishments, and
alfalfa processing plants or large-scale outdoor storage that is unsightly or visually
offensive.
"Industrial use, Light" means a development which, in the opinion of the Development
Authority, may be able to co-exist compatibly in proximity to other uses or population
concentrations. Light industry is usually less capital intensive than heavy industry, and is
more consumer-oriented than business-oriented. Light industries require only a small
amount of raw materials, area and power. For further clarification it means where:
(a)
raw materials are processed, and/or
(b)
semi-finished or finished goods, products or equipment are manufactured
and/or assembled, and/or
(c)
materials, goods and equipment normally associated with industrial or
commercial business are cleaned, serviced, repaired, salvaged, and/or tested,
and/or
(d)
goods and equipment associated with personal or household use are cleaned,
serviced, and/or repaired, and/or
(e)
materials, goods and equipment are stored and/or transhipped, and/or
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(f)
materials, goods and equipment are distributed and/or sold to institutions
and/or industrial and commercial businesses for their direct use and/or to
general retail establishments and/or other retail establishments for resale to
individual customers, and/or
(g)
personnel are trained in general industrial operations,
in such a manner, in the opinion of the Development Authority, that an adverse
environmental impact is not created beyond the immediate site of the general industrial
use, which does not produce significant toxic or noxious by-products, and which is
compatible with other industrial and commercial uses in a concentrated setting. General
industrial uses include motor vehicle body and paint shops, but do not include the
preparation of food and/or beverages for direct sale to the public.
Any indoor display, office, technical or administrative support areas or any retail sale
operations shall be accessory and subordinate to the general industrial use activities
identified above. The floor area devoted to such accessory activities shall not exceed a
total of thirty-three percent (33%) of the total floor area of the building or buildings
devoted to the general industrial use, except that this restriction shall not apply where, in
the opinion of the Development Authority, a significant portion of the industrial activity
naturally and normally takes place out of doors.
"Industrial use, Rural" means a development which provides agricultural and rural-
related services, storage, repair processing and minor manufacturing uses on isolated
sites within the Agricultural District, requiring minimal servicing, to service primarily
rural residents. This may include cannabis production and distribution.
(Amended as per Bylaw 34-2018)
"Industrial vehicle and equipment sales/rentals establishment" means a development
where new or used heavy vehicles, machinery or mechanical equipment typically used in
building, roadway, pipeline, oilfield, and mining construction, manufacturing,
assembling, and processing operations and/or agricultural operations are sold or rented,
together with incidental maintenance services and sale of parts. Industrial vehicle and
equipment sales/rental establishments do not include truck and recreational vehicle
sales/rental establishments or automotive and minor recreational vehicles sales/rental
establishments.
"Institutional use" includes but is not limited to hospitals, public offices, educational
facilities, religious assemblies, libraries and senior citizen housing.
"Intensive agriculture" means an agricultural operation which operates on an
intensive basis. Without restricting the generality of the foregoing, this shall include
nurseries, greenhouses, and kennels, but not confined feeding operations or cannabis
production and distribution.
(Amended as per Bylaw 34-2018)
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"Intensive recreation" means high density recreational activities such as campgrounds,
picnic grounds, fishing lodges, beach areas, marinas, riding stables, race tracks, sports fields,
golf courses, arenas, swimming pools, tennis courts and other similar activities.
"Kennel" see "Animal breeding and/or boarding facility".
"Landfill" means a disposal site employing an engineering method of disposing of solid
wastes in a manner that minimizes environmental hazards. A landfill shall be owned by
either a municipal corporation or agency or by a municipally-owned corporation or
agency.
"Landfill gas" means a mixture of gases generated by the microbial decomposition of,
and chemical reactions between, wastes within a Cell.
"Landscaping" means lawns, trees, shrubs, ornamental plantings, fences, walks, or other
structures and materials used in modern landscape architecture.
"Lane" means a right-of-way on which motorized vehicles are normally allowed to operate
which is 10 m (32.8 ft.) or less in width.
"Lattice tower" means a non-solid structure made up of vertical, horizontal and diagonal
members assembled in triangular or square faced sections that can be stacked to obtain
height. The structure can stand by itself (self-supporting), on a foundation, or it may be of the
type requiring supporting assistance of cables (guyed tower).
"Leachate" means a liquid that has been in contact with waste within a Cell and has
undergone chemical or physical changes.
"Library and cultural exhibit" means a development where literary, artistic, municipal
and/or similar reference materials in the form of books, manuscripts, recordings and films
are stored, collected, available, and distributed for public use, viewing, or enjoyment; or a
development where works or objects of historical, scientific or artistic value are collected,
preserved and exhibited to the public. Libraries and cultural exhibits includes libraries,
museums, and art galleries.
"Liquor sales and storage establishment" means a development or a part of a
development used for the retail sale of any and all types of alcoholic beverages to the public
for consumption off premises. This use may include the retail sales of related products such
as soft drinks and snack foods. This does not include cannabis retail sales establishments.
(Amended as per Bylaw 34-2018)
"Livestock" means livestock as defined in the Agricultural Operation Practices Act.
"Livestock sales yard" means any enclosed area of land, with or without accessory
buildings or structures, upon which livestock is collected for sale or for market distribution.
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"Living quarters" means the developed area within a dwelling but does not include
basement, garage or carport, patio, or atrium.
"Lot" means
(a)
a quarter section,
(b)
a river lot, lake lot, or settlement lot shown on an official plan referred to in the
Surveys Act that is filed or lodged in a Land Titles Office,
(c)
a part of a parcel of land described in a certificate of title if the boundaries of
the part are described in the certificate of title other than by reference to a legal
subdivision, or
(d)
a part of a parcel of land described in a certificate of title if the boundaries of
the part are described in the certificate of title by reference to a plan of
subdivision.
"Lot, Corner" means a lot with
boundary lines on two separate
roads or highways or a single road
or highway that curves at an angle
of sixty (60) degrees or more at the
subject lot. For the purposes of this
definition, a road or highway shall
not include a lane (see Figure 4).
"Lot coverage" means the
percentage of a lot covered by all
buildings on the lot.
"Lot, Double fronting" means a
lot which abuts two roads (except
alleys as defined in the Traffic
Safety Act, R.S.A. 2000, as
Figure 4: Illustration of lot definitions: Corner Lot, Double
Fronting Lot, and Interior Lot
amended), which are parallel or nearly parallel where abutting the lot, but does not
include a Corner Lot (see Figure 4).
"Lot, Interior" means a lot which abuts a road only on the front line (see Figure 4).
"Lot, Lake front" means those lots that at least one property line would extend to the
lakeshore, are adjacent to the lakeshore, or would be if not separated from the
lakeshore by a municipal reserve or environmental reserve. (see Figure 5 and 5.1)
(Amended as per Bylaw 18-2020)
"Lot, Backshore" means a lot which has other developable property or reserve land between it
and the lake and that the property lines would not extend directly to the lakeshore if straight lines
were drawn. (See Figure 5.1)
(Amended as per Bylaw 18-2020)
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"Lot width" means the length of a line parallel to the front line or, in a lot with a curved
front line, perpendicular to a line running between the mid-point of the front line and the
mid-point of the rear line, measured at a distance from the front line equal to the
minimum required front yard.
Figure 5: Illustration of Lake Front Lots
Figure 5.1: Illustration of Lake Front and Backshore Lots
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"Lower capability agricultural land" means a quarter section with less than sixty percent
(60%) of its area rated as Canada Land Inventory 1 to 4 for agriculture.
"Main building" means a building in which is conducted the main or principle use of the site
on which it is erected.
"Main Use" means the primary purpose or purposes for which a building or lot is used.
"Maintenance" means the upkeep of the physical form of any building which does not
require a permit pursuant to the Safety Codes Act. Maintenance will include painting,
replacing flooring, replacing roofing materials, but will not include any activity that will
increase the habitable floor area of any dwelling unit or the internal volume of any
building.
"Manufactured home" means a single detached dwelling, manufactured in full
compliance with both the Canadian Standards Association (CSA) Z-240 MH National
Mobile Home Standard and the Alberta Building Code (ABC), bearing a prominently
displaced CSA Z240MH Mobile Home label AND an Alberta Municipal Affairs label
that certifies compliance to the ABC. Notwithstanding the requirement regarding labels,
should a building not have a label, it can still be considered a manufactured home for the
purposes of this Bylaw should the inspection and upgrading procedures outlined in
Section 7.14 of this Bylaw be followed. A manufactured home is normally constructed
off-site and then transported to its site. Upon arriving at the site for location, apart from
incidental operations such as placement on a foundation and connection of utilities, it is
ready for year round use as a dwelling for one household. However, a manufactured
home may be entirely constructed on-site.
"Manufactured home park" means a parcel of land under single ownership which has
been planned and divided into rentable spaces or lots for the long-term accommodation of
manufactured homes.
"Manure storage facility" means a manure storage facility as defined in the Agricultural
Operation Practices Act.
"May" is an operative word meaning a choice is available, with no particular direction or
guidance intended.
"Mobile home" means a single detached dwelling comprised of one or more large
factory-built sections. It is manufactured in compliance with the CSA Z240 MH National
Mobile Home Standard but not with the Alberta Building Code (ABC). A mobile home
refers to a manufactured home that was constructed prior to 1991. Notwithstanding the
requirement regarding a label, should a building not have a label, it can still be considered
a mobile home for the purposes of this Bylaw should the inspection and upgrading
procedures outlined in Section 7.14 of this Bylaw be followed.
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"Modular dwelling" means a single detached dwelling constructed in large sections,
away from the home site, and under controlled conditions. Modular homes do not include
manufactured homes or mobile homes.
"Motel" means a development where members of the travelling public are lodged for
brief periods of time, normally not exceeding seven (7) days, in rentable units, and where
access to each of the rentable units is individually available from grade, either at grade or
via stairways. A motel may include minor eating and drinking establishments and
convenience retail stores, but shall not include a liquor store, an entertainment
establishment, or an establishment where there is a dance floor. A motel shall not include
a work camp.
"Municipal Planning Commission" means the Municipal Planning Commission
appointed pursuant to County's Municipal Planning Commission Bylaw and the Act.
"Municipality" means Thorhild County.
"Must" is an operative word, which means, similarly to the word shall, that an action is
imperative or mandatory.
"Natural area" means an area of land and/or water especially dedicated to the protection
and maintenance of biological diversity, and of natural and associated cultural resources,
and managed through legal or other effective means. Areas such as groomed parks,
recreational areas for sports, and schoolyards are not included in this definition.
"Natural recreation use" means an area for a natural recreational development
conducted on a single site where the prime reason for location is to take advantage of
natural physical features including the availability of large areas of land to provide an
area for walking trails and a wilderness retreat with the exclusion of off-highway
vehicles.
"Natural resource extraction industry" means an industry engaged in the extraction of
natural resources such as trees, clay, sand and gravel, limestone, shale, coal, and other
minerals including petroleum and natural gas and which may include bringing these
together with other elements such as power or water into integrated processes for the
purpose of primary treatment into a marketable form.
"Non-conforming building" means a building
(a)
that is lawfully constructed or lawfully under construction at the date a land use
bylaw affecting the building or the land on which the building is situated
becomes effective, and
(b)
that on the date this land use bylaw becomes effective does not, or when
constructed will not, comply with this land use bylaw.
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"Non-conforming use" means a lawful specific use
(a)
being made of land or a building or intended to be made of a building lawfully
under construction, at the date a land use bylaw affecting the land or building
becomes effective, and
(b)
that on the date this land use bylaw becomes effective does not, or in the case
of a building under construction will not, comply with this Land Use Bylaw.
"Nuisance" means any act or deed, or omission, or thing, which is or could reasonably
be expected to be annoying, or troublesome, or destructive or harmful, or inconvenient, or
injurious to another person and/or their property, or anything troublesome or bothersome
to other people for which complaints are received either by the Municipality's office or
the Royal Canadian Mounted Police, whether or not such act or deed or omission or thing
constitutes nuisance at common law.
"Obnoxious" means, when used with reference to a development, a use which by its
nature, or from the manner of carrying on the same, may, in the opinion of the
Development Authority, create noise, vibration, smoke, dust or other particulate matter,
odour, toxic or non-toxic matter, radiation, fire, or explosive hazard, heat, humidity,
glare, or unsightly storage of goods, materials, salvage, junk, waste or other materials, a
condition which, in the opinion of the Development Authority, may be or may become a
nuisance, or which adversely affects the amenities of the neighbourhood, or which may
interfere with the normal enjoyment of any land or building.
"Occupancy" means the use or intended use of a building or part thereof for the shelter
or support of persons or property.
"Occupant" means any person occupying or having control over the condition of any
property and the activities conducted on any property, be such person the owner, lessee,
tenant or agent of the owner or whether such person resides thereon or conducts a
business thereon.
"Off-highway vehicles" means any motorized mode of transportation built for cross-
country travel on land, water, snow, ice, marsh or swamp land or other natural terrain
and, when designed for such travel and without limiting the generality of the
foregoing includes:
(a)
4-wheel vehicles;
(b)
Low pressure tire vehicles;
(c)
Motorcycles and related 2-wheel vehicles;
(d)
Amphibious machines;
(e)
All-terrain vehicles;
(f)
Miniature motor vehicles
(g)
Snow vehicles;
(h)
Mini-bikes; and
(i)
Any other means of transportation that is propelled by any power other than
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muscular power or wind; but does not include: motor boats or any other vehicle
exempt from being an off-highway vehicle by regulation.
"Off-street" means, when used as an adjective, that the defined thing is not located on a
road or highway, but rather a lot, and, further, that it is not directly accessory to a
particular use or development on a lot.
"Offensive" means, when used with reference to a development, a use which by its
nature, or from the manner of carrying on the same, creates or is liable to create by reason
of noise, vibration, smoke, dust or other particulate matter, odour, toxic or non-toxic
matter, radiation, fire, or explosive hazard, heat, humidity, glare, or unsightly storage of
goods, materials, salvage, junk, waste or other materials, a condition which, in the
opinion of the Development Authority, may be or may become hazardous or injurious to
health or safety, or which adversely affects the amenities of the neighbourhood, or
interferes with or may interfere with the normal enjoyment of any land or building.
"Office use" means a development where government, professional, management,
administrative, consulting, and financial services may be provided. Office uses include
the offices of lawyers, accountants, engineers, architects, and realtors. Office uses also
include insurance firms; clerical, secretarial, employment and telephone answering and
similar office support services; banks, credit unions, loan offices and similar financial
institutions; the offices of governmental and public agencies.
"Open space" means land and water areas which are retained in an essentially
undeveloped state and often serve one or more of the following uses: conservation of
resources; ecological protection; recreation purposes; historic or scenic purposes;
enhancement of community values and safety; maintenance of future land use options.
"Outdoor amusement establishment" see "Amusement establishment, outdoor".
"Outdoor storage" means a development where, in the opinion of the Development
Authority, goods, materials, or equipment are or may be placed outside of a building on a
more or less permanent or continuous basis.
"Owner" means
(a)
in the case of land owned by the Crown in right of Alberta or the Crown in
right of Canada, the Minister of the Crown having the administration of the
land, or
(b)
in the case of any other land, the person shown as the owner of land on the
municipality's assessment role prepared under the Act;
"Parcel of land" means the aggregate of one or more areas of land described in
certificate of title or described in a certificate of title by reference to a plan filed or
registered in a Land Titles office.
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"Park model" means a type of recreational vehicle; however, for the purposes of this
Bylaw, park models are not allowed in any District within this Land Use Bylaw unless
either recreational vehicles or recreational vehicle parks are listed as a permitted or a
discretionary use within the District, and, further, that a park model has been specifically
identified and approved by the Development Authority within an approved development
permit. The approval of a Park Model by the Development Authority shall be a
discretionary use, regardless of whether recreational vehicles or recreational vehicle parks
are listed as a permitted or a discretionary use within the District. (Amended as per Bylaw
09-2024). As well, park models shall not be used as dwellings within the municipality.
There are a number of types of park models. Currently, two types described below are
recognized by the recreational vehicle industry.
(a)
Park Model Trailer 102 is a unit designed to be towed by a heavy-duty tow
vehicle (auto, van, pick-up truck, etc.) but is of restricted size and weight so
that it does not require a special highway movement permit. The maximum
width when being towed is 2.6 m (8.5 ft.). These units are designed for
infrequent towing, and are not normally fitted with a 12-volt system for fixtures
and appliances. Once on site in the set-up mode it normally must be connected
to the local utilities. This style is normally built on a single chassis mounted on
wheels. It usually has one or more slide-outs, but when in set-up mode the
gross trailer area normally does not exceed 37.2 m2 (400 sq. ft.). It conforms to
the CSA Z-240 Standard for recreational vehicles.
(b)
Park Model Recreational Unit is a unit built on a single chassis mounted on
wheels, which may be removed and returned to the factory. The unit is
designed to facilitate occasional relocation, with living quarters for a temporary
residence or seasonal use, and normally must be connected to those utilities
necessary for the operation of installed fixtures and appliances. It normally has
a floor area, including lofts, not exceeding 50 m2 (540 sq. ft.) in the set-up
mode and has a width greater than 2.6 m (8.5 ft.) in the transit mode. Park
Model recreational units almost always require a special tow vehicle and a
special permit to move on the road as the width of the unit is greater than 2.6 m
(8.5 ft.). It conforms to the CSA Z-241 Standard for recreational vehicles.
"Parking area" means the area set aside for the storage and/or parking of vehicles.
Components of parking areas include parking spaces, loading spaces, aisles, entrances
and exits to the parking area, and traffic islands where they are part of the parking area. A
parking area may be within a building.
"Parking lot" means a parking area which is located on a lot and not accessory to a
particular use or development.
"Parking space" means an area set aside for the parking of one (1) vehicle.
"Patio" means any developed surface adjacent to a building on a site which is less than
0.6 m (2.0 ft.) above ground level.
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"Permitted use" means the use of land or a building provided for in a land use Bylaw
for which a development permit shall be issued upon application having been made,
provided that all of the regulations of this Bylaw, and all of the matters left to the
discretion or the satisfaction of the Development Authority, have been satisfied to the
satisfaction of the Development Authority.
"Personal service shop" means a development where personal services related to the
care and appearance of the body, or the cleaning and repair of personal effects are
provided to persons. Personal service shops include barbershops, hairdressers, beauty
salons, tailors, dressmakers, shoe repair shops, dry cleaning establishments, and
Laundromats.
"Private camp" means social or recreational activities of members of a religious,
philanthropic, athletic, business or non-profit organization or their guests, with or without
on-site campsites or dwelling units, but generally with an outdoor emphasis. Private
camps may include facilities for eating, drinking and assembly purposes associated with
the camp.
"Private club" means a development used for the meeting, social or recreational
activities of members of a non-profit philanthropic, social service, athletic, business
or fraternal organization, with neither on-site dwellings nor hotel or motel rentable
units. Private clubs may include eating and drinking establishments and rooms for
assembly. This does not include cannabis lounges.
(Amended as per Bylaw 34-2018)
"Protective and emergency services" means a development where the administration of
the protection of persons and property from injury, harm or damage takes place, and
where the equipment necessary for such activities is stored, maintained, and supplied.
Protective and emergency services include police stations, detention centres, fire stations,
and accessory training facilities.
"Public education facility" means a development where educational, training, or
instruction occurs under the auspices of a School Division or under the auspices of an
organization authorized by the Province to provide education similar to that which would
be provided by a School Division. Public education facilities include the administration
offices, storage, and maintenance operations of the School Division. Public education
facilities include public and separate schools, community colleges, universities, technical
and vocational schools, and private academies or "charter schools", and their
administrative offices and maintenance facilities.
"Public or quasi-public building" means a building which is owned or leased by a
department or agency of the federal or provincial government, or the Municipality for
purposes of public administration and services and shall also include a building for the
purpose of assembly, instruction, culture or enlightenment, or for community activities.
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"Public or quasi-public use" means a use by a department or agency of the federal or
provincial government, or the Municipality, for public administration and services and shall
also include uses for the purpose of assembly, instruction, culture or enlightenment, or for
community related activities.
"Public park" means a development designed or reserved for active or passive
recreational use, including all natural and man-made open space and landscaping,
facilities, playing fields, and buildings that are consistent with the general purposes of
recreation, whether or not such recreational facilities are publicly operated or operated by
other organizations pursuant to arrangements with the public authority owning the public
park. Public parks include tot lots, band shells, picnic grounds, pedestrian trails and paths,
landscaped buffers, playgrounds, water features, baseball diamonds, football fields,
soccer pitches, and similar outdoor sports fields.
"Public-serving recreation area" means a campground, day use area, picnic site, lodge,
hiking and skiing trail and other similar uses as developed by either private or public
interests.
"Public utility" means a public utility as defined in the Act, except that it shall not
include landfills.
"Public utility building" means a building in which the proprietor of a public utility, as
defined in the Act, maintains its office or offices and/or maintains or stores any
equipment used in connection with the public utility.
"Rear line" means the boundary line of a lot lying opposite to the front line of the lot
and/or farthest from a highway or road.
"Rear yard" means a yard extending across the full width of a lot from the nearest wall
of the main building situated on the lot, to the rear line of the lot.
"Recreation camp" means a development that contains accommodation facilities and is
used wholly or partly for recreational purposes, and without limitation, includes trail riding
ranches and guest ranches, rural experience camps, survival training camps, fishing and
hunting camps, religious camps and camps for disabled persons.
"Recreation, outdoor motorized vehicle" means a development or facility for primarily
vehicular and/or motorized sports activities conducted outdoors on both land and water.
Typical uses include sport recreational vehicle facilities such as motor bike, snowmobile,
and/or motor vehicle race courses and boating facilities.
"Recreational use" means lands used for recreational activities, for profit or not, which are
primarily conducted outdoors and which utilize tracts of land and may or may not require
facilities or structures. Typical uses include, but are not limited to, cross-country ski trails,
walking or cycling paths, ski hills, sports fields, playgrounds, private camps, archery and
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golf courses, and which may include limited commercial uses incidental to the primary use.
Outdoor recreation does not include outdoor motorized vehicle recreation.
"Recreational vehicle" means a vehicular type unit primarily designed as temporary
living quarters for recreational camping or travel use, which either has its own motor or is
mounted or drawn by another vehicle. Recreational vehicles include travel trailers,
camping trailers, truck campers, 5th wheels, or motor homes, but not manufactured
homes, a park model, a garage package, or a cabin on any sort of transportation device
such as skids or wheels up to a maximum interior space of 75 m2 (807.3 sq. ft.). Any
vehicle larger than 75 m2 (807.3 sq. ft.) in interior space shall be considered to be a
manufactured home for the purposes of this Bylaw. (Amended as per Bylaw 09-2024).
"Recreational vehicle campground" means a development on which three or more
recreational vehicles are harboured, without regard to whether a fee or charge is paid or
made, and shall include any building, structure, tent, vehicle or enclosure used or intended for
use as part of the equipment of such recreational vehicle park. A recreational vehicle park
may include within it a campground.
"Recreational vehicle storage" means a development which provides fenced or indoor,
secure, on-site storage of more than three (3) recreational vehicles.
"Recycling depot" means a development where bottles, cans, newspapers, and similar
non-hazardous household goods are bought, sold, and temporarily stored for reuse and
where all storage is contained within an enclosed building or an enclosed compound.
"Recycling facility" means a 'facility used to recycle', as defined in the Environmental
Protection and Enhancement Act, RSA 2000, c. E-12, as amended, and excludes the
processing of hazardous recyclables as that term is defined in the Waste Control
Regulation.
"Religious assembly" means a development where worship and related religious,
philanthropic, and social activities occur. Accessory developments include rectories,
manses, classrooms, and dormitories. Religious assembly includes churches, chapels,
mosques, temples, synagogues, parish halls, convents and monasteries.
"Relocated building" means a building that was constructed off-site in one piece or in
pieces and relocated to another site but does not include manufactured or modular homes.
"Renovation" means an addition to, deletion from, or change to any building which does
not require a permit other than a plumbing permit or an electrical permit pursuant to the
Safety Codes Act.
"Rentable unit" means a separate unit of a hotel or motel used or intended to be used for the
temporary accommodation of one or more person.
"Rental cabin" means a one-room structure (not including a washroom, bathroom, or
toilet) intended for short term occupancy, often rented for short period of time to the
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traveling or vacationing public.
"Residential use" includes the occupation and use of land and buildings by and as
dwellings, whether on a seasonal or year-round basis.
"Resource extraction" see "Natural resource extraction industry."
"RF Technology" means technology operating in the electromagnetic radiating frequency
bands.
"Road" means a right-of-way on which motorized vehicles are normally allowed to operate,
or a road as defined in the Act, but does not include either a highway or a lane.
"Roof" means the top of any enclosure, above or within the vertical walls of a building.
"Row housing" see "Dwelling, row housing".
"Rural commercial use" means an establishment which retails or distributes goods or
services relating to farming or other agricultural activities, but which does not include the
processing of raw materials or operation of an industry.
"Rural industrial use" means those light industrial uses which may require relatively
large areas of land, that may be considered unsuitable to be located in an urban area, and
which may provide services to the rural area. Notwithstanding the generality of the
foregoing, rural industries shall include sawmills, fertilizer plants, auction marts, grain
elevators, seed cleaning plants and other agricultural processing oriented facilities.
"Rural industrial park" means a subdivision of land for rural industrial purposes
containing parcels for rural industrial use, grouped around an internal road system
intended to specifically serve the parcel.
"School means a development for the purposes of educational instruction including
assembly for education, training, or instructional purposes and may include
administration offices, dormitory and accessory buildings. This use includes public,
separate, private, commercial school or college. Typical facilities may include seminaries,
community colleges and universities, technical and vocational facilities. This use does not
include home businesses or private educational services."
(Amended by Bylaw 09-2023)
"Sea can" means a container, including a sea/land/rail shipping container, which is used
as a storage vault. A sea can shall only be allowed on a lot and use as an accessory
building and/or use to a main building or use. A sea can shall not be used for a dwelling
or any part of a dwelling; and, notwithstanding any other provision of this Bylaw to the
contrary, not attached, in any way, to a main building.
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"Secondary suite" see "Suite, secondary".
"Service station" means a development where gasoline, lubricating oils, and other
automotive fluids and accessories for motor vehicles are bought and sold. Service stations
may also include facilities for the servicing or repairing of motor vehicles, and a towing
service dispatch point, but not including body repair or paint shops. Service stations
which do not include any facilities for servicing or repairing of motor vehicles are often
referred to as gas bars.
"Setback" means, depending on the context of the term, the minimum horizontal
distance between buildings or a lot boundary and buildings.
"Shall" is an operative word which means the action is obligatory.
"Shed" means a building to be used for storage.
"Shipping container" see "Sea can".
"Shop" means a building to be used for light industrial purposes or the storage of vehicles
larger than that allowed in a garage.
"Should" is an operative word which means that, in order to achieve local goals and
objectives it is strongly advised that the action be taken. Exceptions shall be made only
under extenuating circumstances.
"Show home" means a dwelling unit which is used temporarily for the purpose of
illustrating to the public the type and character of dwelling units to be constructed in
other parts of the municipality. Show homes may contain offices for the sale of other lots
or dwelling units in the municipality and must be located within a dwelling which is
either a permitted or a discretionary use in the District in which they are located.
"Side line" means the boundary line of a lot lying between a front line and a rear line of
a lot. In the case of a corner lot, the longer of the two boundary lines adjacent to the
highway or road shall be considered a side line.
"Side yard" means a yard extending from the front yard of a lot to the rear yard of the
lot and lying between the side line of the lot and the nearest wall of the main building.
"Sign" means any visual medium, including its structure and other component parts, used on
a permanent or temporary basis to convey information, to advertise, or to attract attention to a
product, service, place, activity, person, institution or business. Without limiting the
generality of the foregoing, signs shall include banners, placards, and painted messages, but
not national flags, interior window displays of merchandise, or signs painted on or attached
to a licensed motor vehicle.
"Sign area" means the total face area of a sign intended for the letters or graphics of the
message. In the case of a double-faced sign, only half of the area of each sign face shall be
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used in calculating sign area.
"Sign, A-frame" means a type of sign commonly referred
to as "sandwhich boards", composed of two hinged or
otherwise joined boards which leans on the ground.
"Sign, canopy" means a sign which is part of or attached to
the outside edge of a canopy but which does not extend below
the bottom edge or surface of the canopy.
"Sign, fascia" means a sign attached to or placed flat
against an exterior vertical surface of a building, and
projects no more than 0.3 m (12.0") from the surface of the
building, and does not project above the roof or parapet.
Fascia signs are also called wall signs.
"Sign, freestanding" means a sign supported by one or more
uprights, braces or pylons, and stands independently of another
structure.
Canopy Sign
Fascia Sign
A-Frame Sign
Freestanding Sign
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"Sign, inflatable" means a sign made of flexible material or
fabric that is made to take on a three-dimensional shape (to
blow up like a balloon) when filled with a sufficient volume
of air or gas. Commonly used as a temporary sign for special
events or promotions.
"Sign, off-site" means a sign that advertises goods,
products, services or facilities not available on the site where
the sign is located, and which may also direct persons to
another location.
"Sign, projecting" means a sign affixed to a building or
part thereof and extending beyond the building by more than
0.3 m (1.0 ft.). This does not include a sign attached to the
ground.
"Sign, roof" means a sign erected upon, against or directly
above the roof of a building or the top of a parapet wall.
Projecting Sign
Inflatable Sign
Roof Sign
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"Sign, temporary/portable" means a sign on a standard or
column fixed to its own self-contained base and capable of
being moved manually.
"Sign, under-canopy" means a sign which is attached to the
bottom surface or edge of a canopy.
"Similar use" means a use which, in the opinion of the Development Authority, closely
resembles another specified use with respect to the type of activity, structure and its
compatibility with the surrounding environment.
"Single detached dwelling" see "Dwelling, single detached".
"Site" means an area of land designed to accommodate, and intended to be rented for, a tent
or recreational vehicle or cabin.
"Sludge treatment facility" means a facility where sludge is dewatered to separate
liquids from solids or solidified by adding other solids; and, for the purposes of this
definition, "sludge" means accumulated, free settling wet solid material.
"Soils containing hydrocarbons facility" means a site used or to be used for the land
treatment of soil containing hydrocarbons, as defined in the Environmental Protection
and Enhancement Act Code of Practice for Soils Containing Hydrocarbons (October,
2005), for the purpose of enabling treated soils to be reused or disposed of within a Class
II Landfill.
"Solar array" means multiple solar panels used in conjunction to produce electricity.
"Solar energy conversion system" means the complete system required to convert solar
rays into useable electricity for private use, including solar panels, mounting equipment
and additional required conversion electronics.
Under-Canopy Sign
Temporary/Portable Sign
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"Solar panel, free standing" means a device which is used to convert energy contained
within the sun's rays into electricity, which is not mounted or attached to any other
structure for support.
"Solar panel, roof mounted" means a device which is used to convert energy contained
within the sun's rays into electricity, which is located, mounted, or attached to the roof of
a structure.
"Stall" means an area of land upon which a manufactured home is to be located, and
which is reserved for the exclusive use of the residents of that particular manufactured
home, located within a manufactured home park.
"Storey" means the space between one floor of a multi-storey building and the next floor
above it. The upper limit of the top storey shall be the ceiling above the topmost floor. A
basement shall not be considered a storey.
"Structural alterations" means the addition to, deletion from, or change to any building
which requires a permit other than a plumbing permit or an electrical permit pursuant to
the Safety Codes Act.
"Subdivision and Development Appeal Board" means a Subdivision and Development
Appeal Board appointed pursuant to County's Subdivision and Development Appeal
Board Bylaw and the Act.
"Subdivision Authority" means the Subdivision Authority as established in the
Approving Authorities and Municipal Planning Commission Bylaw.
(Amended as per Bylaw 04-2020)
"Substandard lot" means any lot which is smaller, in area or in any dimension, than the
minimum area or dimension stipulated in the regulations of the District in which the lot is
located.
"Suite, garage" means a self-contained dwelling unit located above a detached garage
which is located in a rear yard and which is accessory to a single detached dwelling.
Garage suites have an entrance which is separated from the vehicle entrance to the
detached garage, either from a common indoor landing or directly from the exterior of the
building.
"Suite, garden" means a temporary, portable detached dwelling unit, located on a lot
containing an existing single detached dwelling.
"Suite, in-law" means an additional dwelling unit intended for the sole occupancy of one
(1) or two (2) adult persons, which has access to the adjoining dwelling unit. The floor
area of the in-law suite shall not exceed 30 percent of the existing living area of the
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primary dwelling unit or 80 m2 (861.1 sq. ft.) in floor area on a residential lot, whichever
is the lesser.
"Suite, secondary" means a self-contained dwelling unit, clearly secondary in size to the
main dwelling unit within a dwelling, which may or may not share access to the outside
and/or other facilities with the main dwelling unit.
"Suite, surveillance" means a dwelling unit used to accommodate a person or persons
whose function is to provide surveillance for the maintenance and security of the
development, and does not include a manufactured home.
"Surveillance suite" see "Suite, surveillance".
"Temporary development" means a development for which a development permit has been
issued and which is to exist for a limited time only.
"Temporary hazardous waste or hazardous recyclables storage facility" means an
above ground and fully-enclosable facility used for the temporary or interim storage of
hazardous waste or hazardous recyclables, as those terms are defined in the Waste
Control Regulation, prior to the removal of the same to a facility approved by Alberta
Environment and Parks for the disposal of hazardous waste or hazardous recyclables.
"Tie down" means an apparatus used to firmly secure a manufactured home to the ground.
This apparatus usually consists of steel cables attached to the manufactured home and
concrete pylons strategically placed on the accommodating site.
"Tree farm", for the purposes of the Private Landfill Direct Control (DC1) District,
means an area of land used for growing trees:
(a)
for landscaping the site of a Class II Landfill or a waste management facility; or
(b)
to harvest, with subsequent transport of the harvested trees to a location for
commercial sale that is external to the site of a Class II Landfill or a waste
management facility located within the County.
"Trucking and cartage establishment" means a development where goods shipped by
truck are transferred from one truck to another, or where trucks are dispatched to pick up
and/or deliver goods. Trucking and cartage establishments may include dispatch offices
or storage compounds for the temporary storage of goods, and include moving or cartage
firms involving vehicles with a gross vehicle weight of more than 3,000.0 kg (6,613.9
lbs.).
"Undeveloped lot" means a lot which does not contain a residence, building or structure.
"Unsubdivided quarter section" means a quarter section, lake lot, river lot or
settlement lot that has not been subdivided or had a parcel of land removed from it except
general administrative procedures | 1
for a public or a quasi-public use or solely for a purpose exempted from Part 17 of the
Act.
"Unit", other than when referred to as a dwelling unit, means an area of land or a building
designated as a unit in a condominium plan.
"Use" means the purpose or activity for which a site, a parcel of land, or a lot and any
buildings located on it are designed, arranged, developed, or intended, or for which it is
occupied or maintained.
"Vehicle repair establishment" means development used for the servicing and mechanical
repair of automobiles, motorcycles, snowmobiles, recreational vehicles, and trucks, including
the sale, installation or servicing of related accessories and parts. This use class includes
transmission shops, muffler shops, tire shops, automotive glass shops, upholsterer shops, and
body repair and/or paint shops.
"Veterinary clinic" means a development where domestic pets are cared for and treated,
including hospitalization for fewer than four (4) days. Veterinary clinics may also treat
livestock, but they will be treated via out-patient care. All animals shall be kept within an
enclosed building.
"Warehouse sales establishment" means a development where bulky goods are sold
from within an enclosed building where the size and nature of the principal goods being
sold typically require large floor areas for direct display to the purchaser or consumer.
Warehouse sales establishments include furniture stores, carpet stores, major appliance
stores, and building materials stores.
"Waste Control Regulation" means the Waste Control Regulation, Alta. Reg. 192/96,
as amended.
"Waste storage site" means a 'storage site' as defined in the Activities Designation
Regulation and excludes the processing of hazardous waste or hazardous recyclables as
those terms are defined in the Waste Control Regulation.
"Wheel wash facility" means a facility for washing vehicle tires, to minimize the
opportunity for contaminated soil or waste to leave the site of a Class II Landfill, waste
management facility or recycling facility.
"Wind energy conversion system, large" means one or more buildings designed to
convert wind energy into mechanical or electrical energy and which has a rated capacity
equal to or greater than 300 Kw.
"Wind energy conversion system, micro" means a small-scale wind turbine, which is
small is height and diameter and can be installed on the roof of a building or structure.
1 | general administrative procedures
"Wind energy conversion system, small" refers to a wind energy conversion system
(WECS) consisting of a wind turbine, a tower, and associated control or conversion
electronics, which has a rated capacity of not more than 300 kW, and which is intended to
provide electrical power for use on-site (either behind the meter or off-grid) and is not
intended or used to produce power for resale.
"Wind turbine tower" refers to the guyed or freestanding structure that supports a wind
turbine generator.
"Wind turbine tower height" The height above grade of the fixed portion of the wind
turbine tower, excluding the wind turbine and rotor.
"Wireless communications facility" means a facility that provides communication
service using RF technology to transmit and receive voice, picture, text and data, in either
digital or analogue form, on a system of elevating support structures. These structures
include monopoles, lattice towers (self-supported or guyed) or other configurations as
well as, although not limited to, shelters, transmitters, receivers, antennas, antenna
mounts, transmission lines, waveguides, transmission line supporting equipment and
material, aeronautical obstruction lights, antenna deicing equipment, antenna power
dividers and matching equipment, combiners and utility power equipment, conditioners
and backup power systems.
"Work camp" means a temporary residential complex used to house workers, usually
but not necessarily for a contracting firm or project, on a temporary basis of more than
twenty-eight (28) days and less than one (1) year. A work camp is usually made up of a
number of buildings, clustered in such fashion as to provide sleeping, eating, recreation
and other basic living facilities.
"Work camp, project-oriented" means a temporary residential complex of no more
than fifteen (15) units used to house workers, for a specific project, on a temporary basis
of not more than twenty-eight (28) days. A project-oriented work camp is usually made
up of a number of buildings, clustered in such fashion as to provide sleeping, eating,
recreation and other basic living facilities for short-term use related to specific projects.
"Yard" means a part of a parcel upon or over which no building is to be erected unless
otherwise provided for in this Bylaw.
All other words and expressions have the meanings respectively assigned to them in the
Act or in common law.
general administrative procedures | 1
1.8 Definitions Not Provided
In instances where specific land uses:
(1)
Do not conform to the wording of any land use; or
(2)
Generally conform to the wording of two or more land uses;
The Development Authority Officer shall use his/her discretion to include these land uses
in a land use category that is most appropriate in character and purpose.
1.9 Development Authority
(1)
The Development Authority shall be as established in the Approving Authorities and
Municipal Planning Commission Bylaw. (Amended as per Bylaw 04-2020)
1.10
Development Authority Officer
(1)
The position of designated officer for the limited purpose of exercising the
powers, duties and functions of a Development Authority Officer is hereby
established.
(2)
The Development Authority Officer shall be appointed by the Development Authority.
(Amended as per Bylaw 04-2020)
(3)
The Development Authority Officer may sign, on behalf of the Development
Authority, any order, decision, approval, notice or other thing made or given by it.
(4)
The Development Authority Officer shall:
(a)
keep and maintain for the inspection of the public during all reasonable
hours, a copy of this Bylaw and all amendments thereto; and
(b)
keep a register of all applications for development, the decisions thereon
and the reasons therefor.
1 | general administrative procedures
(5)
The Development Authority Officer is hereby declared to be a designated officer
for the purposes of inspection, remedy, enforcement or action pursuant to Section
542 of the Act.
1.11
Council
The Council of Thorhild County shall perform such duties as are specified for it in
this Bylaw.
1.12
Municipal Planning Commission
The Municipal Planning Commission shall perform such duties as are specified in this
Bylaw and the Approving Authorities and Municipal Planning Commission Bylaw.
(Amended as per Bylaw 04-2020)
1.13
Subdivision Authority
The Subdivision Authority shall perform such duties as are specified in this Bylaw and
Bylaw 972-96.
1.14
Subdivision and Development Appeal Board
The Subdivision and Development Appeal Board shall perform such duties as are
specified in this Bylaw and Bylaw 973-96.
2 | Development Permits,
Rules and Procedures
2.1 Control of Development
(1)
Within the Private Landfill Direct Control (DC1) District and the Recreational
Direct Control (DC2) District, no development shall be undertaken unless an
application for the development has been approved and Council has issued a
development permit for the development.
(2)
Within the other Districts, no development other than that designated in Section
2.2 shall be undertaken within the County unless an application for it has been
approved and a development permit has been issued and has come into effect.
(3)
Notwithstanding subsection (1) above, where a variance to any regulation in this
Bylaw is required for any development listed in Section 2.2, a development
permit is required.
2.2 Development Not Requiring a Permit
(1)
Except in the Private Landfill Direct Control (DC1) District, the following
development shall not require a development permit:
(a)
the carrying out of works of maintenance or repair to any building,
provided that such works do not include structural alterations or major
works of renovation that would require a building permit;
(b)
the completion of a building which was lawfully under construction at the
date of the first publication of the notice required by the Act, provided that
the building is completed in accordance with the terms of any permit
granted in respect of it and subject to the conditions to which such permit
was granted, and provided also that the building, whether or not a permit
was granted in respect of it, is completed within a period of twelve (12)
months from the said date of the first publication of the notice;
(c)
the use of any such buildings as referred to in subsection (b) for the
purpose for which construction was commenced;
(d)
the erection, construction, or maintenance, improvement or alteration of
gates, fences or walls or other means of enclosure, unless the gate, fence,
wall or other means of enclosure exceeds the regulations indicated in
Section 7.8 of this Bylaw; and the maintenance, improvement and other
alterations of any gates, fences or walls or other means of enclosure,
2 | development permits, rules and procedures
unless the fencing material is razor wire. An approved development permit
shall always be necessary before razor wire is used as a fencing material;
(e)
the storage or repair of vehicles, machinery or equipment incidental to
agricultural uses permitted or discretionary on that parcel of land;
(f)
a temporary building or sign, the sole purpose of which is incidental to the
erection or alteration of a building, for which a permit has been issued
under this Bylaw;
(g)
the maintenance and repair of public works, services and utilities carried
out by or on behalf of federal, provincial and municipal public authorities
on land which is publicly owned or controlled;
(h)
the erection of campaign signs for federal, provincial, municipal or school
board elections on privately-owned lots for no more than thirty (30) days,
or such time as regulated under provincial or federal legislation provided
that:
(i)
such signs are removed within seven (7) days after the election
date,
(ii)
such signs do not obstruct or impair vision or traffic,
(iii)
such signs are not attached to fences, trees, or utility poles; and
(iv)
such signs indicate the name and address of the sponsor and the
person responsible for removal;
(i)
the placement of one (1) sign on internal sites, or two (2) signs on corner
sites advertising a residential property for sale or rent displayed on the
property to which it (or they) pertain(s) during the time the property is
being offered for sale or rent, with removal to be within one (1) month
after the sale or rental agreement has been entered into, provided that such
signs are a maximum of 0.6 m2 (6.5 sq. ft.) in area and provided further
that such signs are placed or erected no closer than 3.0 m (9.8 ft.) to a road
right-of-way;
(j)
the placement of temporary signs in any district for no more than thirty
(30) days, provided that such signs are a maximum of 0.6 m2 (6.5 sq. ft.)
in area and provided further that such signs are placed or erected no closer
than 3.0 m (9.8 ft.) to a road right-of-way;
(k)
development within a basement which does not change or add to the uses
within a dwelling;
(l)
sheds which are accessory to dwellings, which are less than 10.0 m2
(107.6 sq. ft.) in floor area, and which satisfy all the setback requirements
of this Bylaw;
(m)
project-oriented work camps of fifteen (15) sleeping units or less for a
maximum of twenty-one (21) days, within the Agricultural and Highway
Commercial Districts only, as per the requirements of Section 7.40 of this
Bylaw;
(n)
the removal of top soil except in conjunction with a development for
which a development permit has been issued as per the requirements of
Section 6.10 of this Bylaw;
development permits, rules and procedures | 2
(o)
grading and/or landscaping where the proposed grades will not adversely
affect the drainage of the subject or adjacent lots;
(p)
the development of land for a confined feeding operation or a manure
storage facility if the confined feeding operation or manure storage facility
is the subject of an approval, registration or authorization under the
Agricultural Operation Practices Act;
(q)
the demolition or removal of any building or structure for which erection a
development permit would not be required pursuant to subsections (d)
through (l) above, both inclusive.
(2)
Notwithstanding any other provision in Section 2.2, the Development Authority
may, at its sole discretion, waive the requirement for a development permit for:
(a)
Buildings accessory to extensive agriculture; or
(b)
Sea Cans within the Agricultural (AG) District on parcels greater than 2.02
ha (5.0 ac).
If after reviewing the development permit application, it is determined by the
Development Authority that the proposed development will not:
(i)
materially interfere with the amenities of, or change the character of, the
area;
(ii)
materially interfere with or affect the use and enjoyment of adjacent
properties;
(iii)
adversely impact the environment;
(iv)
result in excessive demand on municipal services, utilities and road access;
and
(v)
will comply with all regulations in this Land Use Bylaw, including
regulations in the applicable District, unless a variance has been granted
by the Development Authority.
2.3 Non-Conforming Buildings and Uses
(1)
A non-conforming use of land or a building may be continued, but if that use is
discontinued for a period of six (6) consecutive months or more, any future use of
the land or building must conform with this Bylaw.
(2)
A non-conforming use of part of a building may be extended throughout the
building but the building, whether or not it is a non-conforming building, may not
be enlarged or added to and no structural alterations may be made thereto or
therein.
(3)
A non-conforming use of part of a lot may not be extended or transferred in whole
or in part to any other part of the lot and no additional buildings may be
constructed upon the lot while the non-conforming use continues.
2 | development permits, rules and procedures
(4)
A non-conforming building may continue to be used but the building may not be
enlarged, added to, rebuilt or structurally altered except:
(a)
to make it a conforming building,
(b)
for the routine maintenance of the building, if the Development Authority
considers it necessary, or
(c)
in accordance with the powers possessed by the Development Authority
pursuant to the Act and Section 4.3(6) of this Bylaw to approve a
development permit notwithstanding any non-compliance with the
regulations of this Bylaw.
(5)
Pursuant to the Act, when:
(a)
on or before the day on which this Bylaw or any Bylaw for the amendment
thereof comes into force, a development permit has been issued; and
(b)
the enactment of the Bylaw would render the development in respect of
which the permit was issued a non-conforming use or non-conforming
building;
the development permit continues in effect.
(6)
If a non-conforming building is damaged or destroyed to the extent of more than
seventy-five (75) percent of the value of the building above its foundation, the
building may not be repaired or rebuilt except in accordance with this Bylaw.
(7)
The use of land or the use of a building is not affected by a change of ownership,
tenancy, or occupancy of the land or building.
2.4 General Development Permit Application
Requirements
(1)
An application for a development permit shall be made to the Development
Authority in writing, on the application form provided by the municipality and
shall be accompanied by:
(a)
a site plan, to scale, showing the legal description; north arrow; municipal
address; location and dimensions of property lines; existing utility rights-
of-way and easements; fences; driveways; paved areas; proposed front,
rear, and side yards, if any; any provisions for off-street loading and
vehicle parking; access and egress points to the site; and any encumbrance
such as rights-of-way;
(b)
existing and proposed building dimensions, to scale, including, but not
limited to, the house, garage, decks and any covered structures such as car
ports;
(c)
the type and location of water supply and sewage and waste water disposal
facilities;
(d)
a statement of existing and proposed uses;
development permits, rules and procedures | 2
(e)
a statement of ownership of the land and the interest of the applicant
therein;
(f)
the signatures of at least one of the registered landowners listed on the
Certificate of Title;
(g)
the estimated commencement and completion dates;
(h)
the estimated cost of the project or contract price;
(i)
an application fee as established by resolution of Council;
(j)
written consent from the registered owner authorizing the right-of-entry by
the Development Authority to such lands or buildings as may be required
for investigation of the proposed development;
(k)
information on abandoned oil and gas wells as required by the Subdivision
and Development Regulation and ERCB Directive 079;
(l)
in the case of an application for a development permit on Crown Land,
Provincial authorization for the development; and
(m)
any other information as required by the Development Authority.
(2)
The Development Authority may also require additional information in order to
assess the conformity of a proposed development with this Bylaw before
consideration of the development permit application shall commence. Such
information may include:
(a)
floor plans;
(b)
elevations and sections of any proposed buildings;
(c)
a Real Property Report, or other documentation indicating the exact
location of all structures on the property (prepared within the last five (5)
years, in a form that is acceptable to the Development Authority;
(d)
drainage, grading and landscaping plans which provide pre- and post-
construction site elevations;
(e)
a storm water management plan approved by Alberta Environment and
Parks (or other appropriate provincial authority);
(f)
a certified geotechnical report prepared, stamped and signed by a qualified
professional registered in the Province of Alberta in potentially hazardous
or unstable areas;
(g)
a certified biophysical assessment prepared, stamped and signed by a
professional registered in the Province of Alberta, on the impacts of the
proposed development on wildlife habitat or natural environments;
(h)
a reclamation plan for aggregate extraction or site grading and excavation;
(i)
an environmental assessment to determine potential contamination and
mitigation;
(j)
in the case of the placement of an already constructed or partially
constructed building on a parcel of land, information relating to the age
and condition of the building and its compatibility with the District in
which it is to be located;
(k)
a certified hydro-geological assessment prepared, stamped and signed by a
registered professional engineer or hydro-geologist, registered in the
2 | development permits, rules and procedures
Province of Alberta, of any potential flooding or subsidence that may, in
the sole opinion of the Development Authority, affect the subject site;
(l)
a site plan detailing how vegetation, topography disturbance or erosion is
to be minimized;
(m)
an environmental impact assessment describing a development's potential
environmental effects;
(n)
a cumulative effects assessment prepared, stamped and signed by a
registered professional, registered in the Province of Alberta, describing a
development's potential cumulative effects;
(o)
the identification of all rights-of-way and easements within or abutting the
subject property; and/or
any additional information as the Development Authority deems necessary.
(3)
Where, in the opinion of the Development Authority, a proposed development
will have a significant impact on surrounding properties, the Development
Authority may require the applicant hold a public open house to inform affected
residents and landowners of the proposed development, and to provide a written
summary of public open house materials and any comments received at the public
open house, prepared to the Development Authority's satisfaction, prior to
considering an application complete.
(4)
When, in the opinion of the Development Authority, sufficient details of the
proposed development have not been included with the application for a
development permit, the Development Authority may, at its sole discretion, either
return the application to the applicant for further details or make a decision on the
application with the information it has available. An incomplete application shall
be deemed to not have been submitted until all required details have been
provided to the satisfaction of the Development Authority.
(5)
The Development Authority may make a decision on an application for a
development permit notwithstanding that any information required or requested
has not been submitted.
(6)
All applications for development permits on sites adjacent to another municipality
shall be submitted to the other municipality for comments prior to rendering a
decision. The Development Authority shall not be bound by the recommendation
of the other municipality.
(7)
In the case of an application for a Development Permit on Crown Land, the
County will require Provincial authorization prior to the issuance of a
Development Permit.
development permits, rules and procedures | 2
2.5 Industrial Development Permit Application
Requirements
(1)
In addition to the information requirements indicated in Section 2.4, each
application for industrial development shall be accompanied by the following
information:
(a)
type of industry;
(b)
estimated number of employees;
(c)
estimated water demand and anticipated source;
(d)
estimated gas demand and anticipated source;
(e)
type of effluent and method of treatment;
(f)
type of air emissions and method of abatement;
(g)
estimated noise generated by the development and method of abatement;
(h)
estimated light generated by the development and (if necessary) method of
abatement;
(i)
transportation routes to be used and estimated traffic impact,
(j)
reason for specific location;
(k)
means of solid waste disposal;
(l)
any accessory works required (pipeline, railway spurs, power lines, etc.);
(m)
anticipated residence location of employees;
(n)
municipal servicing costs associated with the development;
(o)
physical suitability of site with respect to soils, slopes and drainage;
(p)
if a subdivision is involved, the size and number of parcels and proposed
phasing (if any);
(q)
servicing requirements and provisions for meeting them;
(r)
costs associated with providing new or upgraded municipal services
associated with the development,
and/or any other information as may be reasonably required by the Development
Authority.
2.6 Commercial & Recreation Development Permit
Application Requirements
(1)
In addition to the information requirements indicated in Section 2.4, each
application for a commercial or recreation developments may be required, at the
discretion of the Development Authority, to be accompanied by the following
information:
(a)
physical suitability of site with respect to soils, slopes and drainage;
(b)
the size and number of parcels and proposed phasing (if any);
(c)
servicing requirements and provisions for meeting them;
(d)
estimated water demand and anticipated source;
(e)
estimated gas demand and anticipated source;
2 | development permits, rules and procedures
(f)
type of effluent and method of treatment;
(g)
type of air emissions and method of abatement;
(h)
estimated noise generated by the development and method of abatement;
(i)
estimated light generated by the development and (if necessary) method of
abatement;
(j)
costs associated with providing new or upgraded municipal services
associated with the development;
(k)
the requirements and provisions for employee and customer parking and
for site access;
(l)
a landscaping plan;
(m)
cross-sections and elevations for each building;
(n)
a list of proposed uses;
(o)
transportation routes and estimated traffic impact;
and/or any other information as may be reasonably required by the Development
Authority.
2.7 Resource Extraction Development Permit
Application Requirements
(1)
In addition to the information requirements indicated in Section 2.4, the
Development Authority shall require, where not required to do so by the Province,
that each application for a development permit for resource extraction
development be accompanied by the following information:
(a)
a reclamation plan and a statement indicating the projected final use of the
site. In those cases where the proponent is required to do so by the
Province, the proponent shall submit a copy of the reclamation plan to the
County;
(b)
for Class I Pits on Private Land under 5 ha. (12.5 ac.) in area: proof of
approval from Alberta Environment and Parks;
(c)
for Class II Pits on Private Land under 5 ha. (12.5 ac.) in area: a
reclamation deposit in the amount of $2,000 per acre for each acre of
working pit;
(d)
statement indicating the number of years the pit is proposed to be in
operation;
(e)
anticipated generation of motor vehicle traffic estimated on a daily, weekly
or monthly basis;
(f)
number of vehicles that will be used in the hauling of materials and the
proposed hauling route to and from the site;
(g)
type and number of equipment to be used for each activity to be carried out
on the site;
development permits, rules and procedures | 2
(h)
access locations to and from the site, including roads and highways, and
anticipated traffic generation on each of the roads and highways resulting
from the development;
(i)
dust control measures to be implemented, including the suppressant
materials or methods to be used either on the pit floor and on stockpiles as
well as the proposed frequency of application;
(j)
projected impacts of dust or emissions (asphalt, gravel crushing, concrete
or other) and the methods to be used for controlling such dust or emission;
(k)
proposed frequency for cleaning settled dust from, in and around gravel
crushing plants;
(l)
provisions for loading and parking;
(m)
descriptions of an noxious, toxic, radioactive, flammable or explosive
materials to be stored or used on the site;
(n)
location of garbage and storage areas and proposed fencing and screening
for the same, as well as the proposed method for disposing of garbage;
(o)
provision of a written security plan that identifies potential dangerous
situations, area and typical procedures to be used for monitoring the site
during periods of activity and also when activity on the site is suspended;
(p)
proposed methods to be used to restrict public access, protect wildlife,
neighbouring livestock and domestic animals;
(q)
quality and quantity of well water and soil tests for the water systems that
may be used in conjunction with the proposed development;
(r)
amount of water required for the proposed development on a daily, weekly
or monthly basis and the proposed water source;
(s)
engineering studies which demonstrate the suitability of the proposed
method of water supply;
(t)
engineering studies which demonstrate the suitability of the proposed
method of effluent disposal;
(u)
engineering studies which demonstrate the suitability of the proposed
method of surface water management;
(v)
method proposed for controlling noise, dust and drainage from the site
both during and after completion of the operation;
(w)
profiles and cross sections showing the original ground level, the proposed
depth of any excavation, the finished grade elevation, the depth of the
over-burden and water table elevations;
(x)
the method intended to be used for excavation of the materials contained
within the land, backfilling, terracing, compacting, leveling, reclaiming the
site and equipment to be used in connection therewith;
(y)
the method to be used for supporting pit walls;
(z)
size, number and location of stockpiles of topsoil, overburden and gravel;
(aa)
proposed days and hours of operation for each activity and any known or
regularly anticipated periods of inactivity; and
2 | development permits, rules and procedures
(bb)
if the proposal is located within the heritage overlay area, then a Historic
Resource Impact Assessment and/or clearance from the Alberta Culture
and Community Spirit.
(2)
Without limiting the requirements of the Development Authority, the proponent will also
be required to enter into:
(a)
a haul road agreement with the County; and
(b)
a development agreement with the County.
2.8 Excavation and Stripping of Land Development
Permit Application Requirements
(1)
In addition to the information requirements indicated in Section 2.4, the
Development Authority shall require each application for the excavation,
stripping or grading of land proposed without any other development on the same
land, to be accompanied by the following information:
(a)
location and area of the site where the excavation is to take place;
(b)
the type and dimensions including average depth of the excavation to be
done, and the potential, if any, to affect existing drainage patterns on and
off the site;
(c)
the depth and variation in depth of groundwater encountered in test holes,
if required at the discretion of the Development Authority;
(d)
identification of potential for outdoor noise and the discharge of
substances into the air;
(e)
drainage and grading plans which provide pre- and post-development site
elevations;
(f)
a reclamation plan including information regarding the condition in which
the site is to be left when the operation is complete, the action which is to
be taken for restoring the condition of the surface of the land to be
affected, and for preventing, controlling or lessening erosion or dust from
the site; and
(f)
potential long-term costs of new or upgraded municipal services associated
with the development.
2.9 Wind Energy Conversion System Development
Permit Application Requirements
(1)
In addition to the information requirements indicated in Section 2.4, the
Development Authority shall require each application for a wind energy
conversion system to be accompanied by the following information:
development permits, rules and procedures | 2
(a)
a fully dimensioned and scaled site plan showing and labeling information
including the location of overhead utilities on or abutting the subject site,
contours of the land and access roads;
(b)
a visual representation including scale elevations, photographs and/or
digital information of the proposed wind energy conversion system
showing total height, tower height, rotor diameter, colour and the
landscape;
(c)
the manufacturer's specifications for the wind energy conversion system,
including:
(i)
the system's rated output in kilowatts,
(ii)
safety features and sound characteristics, and
(iii)
type of material used in tower, place, and/or rotor construct;
(d)
an analysis of the potential for noise at:
(i)
the site of installation,
(ii)
the boundary of the lot containing the development, and
(iii)
any habitable dwelling within 2.0 km (1.2 miles) of the subject
site;
(e)
a report regarding any public information meetings or other processes
conducted by the developer;
(f)
any impacts to the local road system including required approaches from
public roads having regard to County standards;
(g)
a preliminary reclamation/decommissioning plan; and
(h)
appropriate reports and/or approvals from:
(i)
Alberta Utilities Commission,
(ii)
Transport Canada,
(iii)
Nav Canada,
(iv)
Alberta Energy, and
(v)
Alberta Environment and Parks.
2.10
Private Landfill Development Permit
Application Requirements
Notwithstanding anything to the contrary in Part 2 of this Bylaw, with respect to
development permit applications for lands within the Private Landfill Direct Control
(DC1) District:
(1)
Council or a Development Officer, as directed by Council, may require that
additional application information be submitted with any development permit
application before consideration of the same, for the purpose of assessing the
suitability of the proposed development and considering the purpose, listed uses,
and regulations of the DC1 District;
2 | development permits, rules and procedures
(2)
Council shall not waive or reduce the minimum development permit application
requirements set out under this Bylaw unless, in Council's opinion, the
outstanding development permit application information is not materially relevant
to making a decision in respect to the development permit application and
Council's minutes include a statement of the reasons that Council considered the
development permit application as submitted; and
(3)
Council shall have the sole and exclusive jurisdiction to decide all development
permit applications.
2.11
Temporary Commercial & Recreational
Development Permit Application
Requirements
(1)
In addition to the information requirements indicated in Section 2.4 and Section
2.6, the Development Authority shall require each application for a temporary
commercial & recreational development permit application to be accompanied by
the following information:
(a)
the type of temporary commercial and/or recreation development;
(b)
the estimated duration of the development and hours of operation for each
day the development is to remain;
(c)
anticipated number of participants, spectators and volunteers, as
applicable;
(d)
proposed vehicle access to and parking within the site;
(e)
anticipated route(s) to the site from provincial highways;
(f)
internal vehicular traffic and pedestrian flow plan;
(g)
emergency management plan;
(h)
location of any temporary camp sites;
(i)
location of any temporary tents or other structures;
(j)
location of permanent and temporary potable water sources;
(k)
location of permanent and temporary sewage disposal facilities;
(l)
location and details of cooking facilities;
(m)
location and anticipated number of commercial vendors;
(n)
copies of insurance for the development;
and/or any other information as may be reasonably required by the Development
Authority.
(2)
Where a development permit application in any land use district is for a temporary
development, the Development Authority
(a)
may consider and decide upon a development for a specific period of time,
not exceeding one year;
development permits, rules and procedures | 2
(b)
shall impose a condition on such a permit that the municipality is not
liable for any costs involved in the cessation or removal of the
development at the expiration of the time period stated in the permit; and
(c)
may require the applicant to post acceptable security guaranteeing the
cessation or removal of the development, to the satisfaction of the
Development Authority.
(3)
The Development Authority may refer any application for a development permit
for a temporary commercial and/or recreational development prior to making a
decision on the application to Alberta Transportation, the local Royal Canadian
Mounted Police detachment, Emergency Services, or any other person, agency, or
organization as deemed necessary or suitable by the Development Authority.
(4)
Where, in the opinion of the Development Authority, a proposed temporary
commercial and/or recreational development will have a significant impact on
surrounding properties, the Development Authority may require the applicant
hold a public open house to inform affected residents and landowners of the
proposed development, and to provide a written summary of public open house
materials and any comments received at the public open house, prepared to the
Development Authority's satisfaction, prior to considering an application
complete.
2.12
Cannabis Production and Distribution Development
Permit Application Requirements
(1)
In addition to the information requirements indicated, the Development
Authority may require an applicant for a subdivision or development
permit for cannabis production and distribution to submit any or all of the
following information; prepared by a qualified professional; with the
application:
(a)
Waste Management Plan;
(b)
Environmental Assessment;
(c)
Traffic impact Assessment;
(d)
Water/Wastewater Report;
(e)
Storm Water Management Plan; and/or
(f)
Any additional study or assessment necessary to address specific
concerns at the discretionof the Subdivision or Development
Authority."
(Amended as per Bylaw 34-2018)
2 | development permits, rules and procedures
2.13
Referral of Application
(1)
Historical or archaeological sites identified pursuant to the Alberta Historical
Resources Act shall be protected in accordance with Provincial legislation and
regulations.
(2)
In addition to any sites identified in (1) above, an application for a development
permit which may, in the opinion of the Development Authority, impact on any
historical or archaeological site identified pursuant to (1) above within the County
will be submitted to Alberta Culture for comment.
(3)
Development permit applications within 800.0 m (2640.0 ft.) of the right-of-way
of a highway may, at the discretion of the Development Authority, be referred to
Alberta Transportation for comments prior to a development permit being issued.
(4)
Development permit applications for uses within 3.2 km (2.0 miles) of a confined
feeding operation may be referred to the County Agricultural Fieldman for
comments and for assistance in calculating any necessary development setback
distance.
(5)
All subdivision proposals and all applications for significant discretionary
development permits within 3.2 km (2.0 miles) of adjacent municipalities shall be
referred to the adjacent municipality for comment prior to a development permit
being issued or a subdivision being approved.
(6)
The Development Authority may refer any application for a development permit
prior to making a decision on the application to any other person, agency, or
organization as deemed necessary or suitable by the Development Authority.
2.14
Decisions on Development Permit
Applications
(1)
The Development Authority Officer shall:
(a)
receive and review all applications for development permits;
(b)
refer their recommendations to the Municipal Planning Commission for its
consideration and decision regarding all applications for a discretionary
use;
(c)
refer with his/her recommendations to the Municipal Planning
Commission for its consideration and decision all applications for a
development permit for a permitted use which do not comply with all of
the regulations of this Bylaw;
(d)
refer to the Council for its consideration and decision all applications for a
discretionary use or any development permit application within a Direct
Control (DC District); and
development permits, rules and procedures | 2
(e)
consider and decide on all other applications for development permits;
(f)
shall issue decisions for development applications for those uses listed in
Direct Control Districts when directed to do so by Council.
(2)
In making a decision, the Development Authority may approve the application
unconditionally, approve the application subject to those conditions he/she
considers appropriate, approve the application permanently or for a limited period
of time, or refuse the application.
(3)
The Development Authority may require that as a condition of issuing a
development permit, the applicant enter into an agreement to construct or pay for
the construction of roads, pedestrian walkways or parking areas which serve the
development or which connect the walkway with another walkway system that
serves or is proposed to serve an adjacent development, to install or pay for the
installation of public utilities other than telecommunications systems or works, to
pay an off-site levy, and/or to give security to ensure that the terms of the
agreement noted herein are carried out.
(4)
In approving an application for a development permit, the Development Authority
may impose the condition that the approved development be allowed to operate
for a limited period of time, which shall be specified on the permit, and that upon
the expiry of such time the use allowed shall be discontinued and any buildings that were
erected as a result of the development permit shall be removed, and the site restored to its
original condition prior to the issuance of the development permit.
(5)
The Development Authority may approve an application for a development permit
even though the proposed development does not comply with the regulations of
this Bylaw, or if the development is to be a rebuilding, an enlargement, an
addition, or a structural alteration of a non-conforming building, if, in the opinion
of the Development Authority:
(a)
the proposed development would not:
(i)
unduly interfere with the amenities of the neighbourhood; or
(ii)
materially interfere with or affect the use, enjoyment or value of
neighbouring parcels of land; and
(b)
the proposed development conforms with the use prescribed for that land
or building in this Bylaw.
(6)
When a development permit application is refused, the Development Authority
shall not accept the submission of another application for a permit on the same
parcel of land and for the same or similar use by the same or any other applicant
for six (6) months after the date of the refusal. However, when an application has
been refused as per subsection (7) below the Development Authority may accept a
new application without waiting six months after the date of the refusal.
2 | development permits, rules and procedures
(7)
An application for a development permit shall be deemed to be refused when a
decision is not made by the Development Authority within forty (40) days after
receipt and acceptance of the completed application by the Development
Authority unless an agreement to extend the forty (40) day period is established
between the applicant(s) and the Development Authority.
(8)
When the Development Authority refuses an application for a development
permit, the decision shall contain reasons for the refusal, the time period within
which an appeal can be made, and to whom the applicant may appeal, if so
desired.
(9)
Where the development of land involves a subdivision of land, no development
permit shall be issued until the subdivision has received a level of approval
satisfactory to both the Subdivision Authority and the Development Authority.
(10)
The Development Authority may suspend or revoke a development permit:
(a)
at any time, where the permit was issued on the basis of incorrect
information, fraud, non-disclosure, or misrepresentation on the part of the
applicant;
(b)
if the conditions of the approval of the development permit have not been
complied with or cease to be complied with;
(c)
if requested to do so by the applicant; or
(d)
within 14 days of issue of the permit, where the permit was issued in error.
2.15
Powers of Variance
(1)
In addition to the requirements of Section 2.4, when an application for a
Development Permit application is submitted to for a Permitted or Discretionary
Use which does not comply with the provisions of the Bylaw, the Development
Authority may request a statement from the applicant identifying the following:
(a)
that the applicant is aware that the proposed development requires a
variance of this Land Use Bylaw; and
(b)
why the proposed development cannot satisfy the provisions of this Bylaw
and therefore, requires the proposed variance.
(2)
Development Permit applications that propose a variance from the provisions of
this Bylaw in excess of ten percent (10%) will be referred to by the Development
Authority Officer to the Municipal Planning Commission.
Note: Use provisions cannot be varied by the Development Authority. If a proposed
development does not conform to the use requirements within the applicable district, then
a Land Use Bylaw amendment will be required prior to development approval.
development permits, rules and procedures | 2
2.16
Validity of Development Permits
(1)
When a development permit has been granted by the Development Authority, it
shall not be valid unless and until the conditions of the permit, save those of a
continuing nature, have been fulfilled and no notice of appeal has been served on
the Subdivision and Development Appeal Board within the appeal period.
(2)
When the Subdivision and Development Appeal Board has approved a
development permit, the permit shall not be valid until the decision of the Board is
issued in writing.
(3)
If the Subdivision and Development Appeal Board is served with notice of an
application for leave to appeal its decision, such notice shall suspend the
development permit, except where approval has been granted for a permitted use
or, where a license, permit, approval or other authorization is granted by the
Natural Resource Conservation Board, Energy Resources Conservation Board or
Alberta Utilities Commission to the extent that the application complies with the
license, permit, approval or other authorization granted. The final determination of
an appeal, except for those applications approved as a permitted use and/or, by the
Natural Resource Conservation Board, Energy Resources Conservation Board or Alberta
Utilities Commission, shall validate, amend or revoke, as the case may be, a suspended
development permit.
2.17
Notice of Decision
(1)
Within five (5) working days after a decision on a development permit
application, the Development Authority Officer shall send a notice by regular mail
of the decision to the applicant and post a notice in a place available to public
view in the County office, indicating the disposition of the application. Mailing
the notice is not required when an applicant picks up a copy of the decision.
(2)
In addition to Subsection (1), within five (5) working days after a decision on a
development permit application for a discretionary use or after a variance has
been granted, the Development Authority Officer shall:
(a)
send notice by regular mail to adjacent land owners, as identified on
Thorhild County Assessment Roll, to provide notice of the decision and
right of appeal; or
(b)
publish a notice of the decision in a newspaper circulating in the
municipality stating the legal description of the property, municipal
address of the application, nature of the approved development and right of
appeal.
(3)
When the Development Authority refuses a development permit application, the
decision shall contain reasons for the refusal.
2 | development permits, rules and procedures
2.18
Commencement and Completion
(1)
If the development authorized by a development permit is not commenced within
twelve (12) months from the date of its issuance and carried out with reasonable
diligence within three (3) years of the date of issuance, the permit is deemed void,
unless an extension to this period has previously been granted by the
Development Authority.
(2)
Upon application to the Development Authority, prior to the expiry of an
approved development permit application, the Development Authority may grant
an extension to the effective period of a development permit for a period that shall
not exceed twelve (12) months.
(3)
When a development permit expires, a new application is required. The new
application will be reviewed and a decision issued based on the current merits of
the proposed development in relation to current municipal, provincial and federal
regulations, requirements, policies and practices. The Development Authority
shall not be obliged to approve a development permit based on a previous
approval.
(4)
In cases where a use is discontinued, or intended to be discontinued for a period of
six (6) months or more, any subsequent use of the land or building shall comply
with this Bylaw and shall require a new development permit.
2.19
Developer's Responsibility
(1)
A person to whom a development permit has been issued shall obtain from the
appropriate authority where applicable, permits relating to building, grades,
sewers, sanitary and storm water disposal, water mains, electricity and all other
permits required in connection with the proposed development.
(2)
The applicant shall be financially responsible during construction for any damage
by the applicant, his/her servants, suppliers, agents or contractors to any public or
private property.
(3)
The applicant shall prevent excess soil or debris from being spilled on public road
allowances, streets, lanes and sidewalks.
(4)
No building or use shall be used or occupied and no change in the existing
occupancy classification of a building shall be made until the developer, proposed
user or proposed occupant of said building or use demonstrates that substantial
completion, as determined by the Development Authority, has been undertaken.
development permits, rules and procedures | 2
2.20
On-Site and Off-Site Services and
Improvements
(1)
Where any on-site services or improvements, or any off-site local improvements
are required to service a proposed development, a developer shall not begin the
work nor commence the development until the Development Authority is satisfied
that such services or improvements will be undertaken according to the standards
and specifications of the County. In order to satisfy the Development Authority,
the developer will be required to enter into a development agreement with the
County as a condition of development permit approval.
(2)
No development permit shall be considered valid for a development to be serviced
by private sewer and water systems until the systems have been approved by the
appropriate agency.
(3)
All future development areas must be serviced to the satisfaction of the
Development Authority.
(4)
All infrastructure improvement costs associated with the development will be
borne by the proponent of the development.
3 | Appeals
3.1 Development Appeals and Procedures
(1)
An appeal may be made to the Subdivision and Development Appeal Board
where a Development Authority:
(a)
refuses or fails to make a decision on a development permit application
within forty (40) days of receipt of a completed application or prior to the
expiry date of an agreement between the applicant(s) and the Development
Authority Officer to extend the 40-day period herein described; or
(b)
issues a development permit subject to conditions; or
(c)
issues a development permit for a discretionary use, or for a permitted use
where a variance is granted, pursuant to this Bylaw; or
(d)
issues a refusal; or
(e)
issues an order under Section 5.1(1) of this Bylaw.
(2)
A person applying for the permit or affected by an order Section 5.1(1), or any
other person affected by a development permit, order or decision issued/made by
the Development Authority, may appeal to the Subdivision and Development
Appeal Board.
(3)
Notwithstanding subsections (1) and (2) above, no appeal lies in respect of the
issuance of a development permit for a permitted use unless the provisions of this
Bylaw were relaxed, varied or misinterpreted.
(4)
Notwithstanding Subsections (1) and (2) above, no appeal lies to the Subdivision
and Development Appeal Board in respect of the issuance of a development
permit by Council in the Direct Control Districts.
(5)
An appeal shall be made by serving a written notice of appeal to the Secretary of
the Subdivision and Development Appeal Board within fourteen (14) days after:
(a)
the date on which the person is notified of the order or decision or the
issuance of the development permit; or
(b)
if no decision is made with respect to the application within the 40-day
period or within any extension issued under Section 684 of the Act.
(6)
Each notice of appeal shall be accompanied by a fee as set by Council and shall
contain at least one reason for appeal.
3 | appeals
3.2 Appeal Hearing Procedure
(1)
Within thirty (30) days of receipt of a notice of appeal, the Subdivision and
Development Appeal Board shall hold an appeal hearing respecting the appeal.
The thirty day appeal period may be extended, subject to the written consent of
the appellant, the development permit applicant (if different than the appellant),
and the Development Authority.
(2)
The Subdivision and Development Appeal Board shall give at least five (5) days
notice in writing of the appeal hearing to:
(a)
the appellant;
(b)
the Development Authority from whose order, decision or development
permit the appeal is made;
(c)
the applicant and/or landowner(s);
(d)
those adjacent land owners who were notified under this Bylaw and any
other person who, in the opinion of the Subdivision and Development
Appeal Board, are affected by the order, decision or permit; and
(e)
such other persons as the Subdivision and Development Appeal Board
specifies.
(3)
The Subdivision and Development Appeal Board shall make available for public
inspection before the commencement of the appeal hearing all relevant documents
and materials respecting the appeal including:
(a)
the application for the development permit, the decision and the notice of
appeal; or
(b)
the order of the Development Authority under Section 5 of this Bylaw or
Section 645 of the Act;
as the case may be.
(4)
At the appeal hearing referred to in Section 3.2(1), the Subdivision and
Development Appeal Board shall hear:
(a)
the appellant or any other person acting on his/her behalf;
(b)
the Development Authority from whose order, decision or development
permit the appeal is made, or if a person is designated to act on behalf of
the Development Authority, that person;
(c)
any other person who was served with notice of the hearing pursuant to
Section 3.2(2) and who wishes to be heard or a person acting on his/her
behalf; and
(d)
any other person who claims to be affected by the order, decision or
permit and that the Subdivision and Development Appeal Board agrees to
hear or a person acting on his/her behalf.
3.3 Decision
appeals | 3
(1)
In determining an appeal, the Subdivision and Development Appeal Board:
(a)
shall have due regard for any applicable statutory plans and the County's
Land Use Bylaw;
(b)
shall comply with the Province's Land Use Policies and applicable
regional plans;
(c)
may confirm, revoke or vary the order, decision or development permit or
any condition attached to any of them or make or substitute an order,
decision or permit of its own;
(d)
must have regard for, but is not bound by, the Subdivision and
Development Regulation;
(e)
may make an order or decision or issue or confirm the issuance of a
development permit notwithstanding that the proposed development does
not comply with the Land Use Bylaw if, in the opinion of the Subdivision
and Development Appeal Board, the proposed development would not:
(i)
unduly interfere with the amenities of the neighbourhood;
(ii)
materially interfere with or affect the use, enjoyment or value of
neighbouring parcels of land; and
(iii)
the proposed development conforms with the use prescribed for
that land or building in this Bylaw.
(2)
The Subdivision and Development Appeal Board shall give its decision in writing
together with reasons for the decision within fifteen (15) days of the conclusion of
the appeal hearing.
(3)
If the decision of the Development Authority to approve a development permit
application is reversed by the Subdivision and Development Appeal Board, the
development permit shall be null and void.
(4)
If the decision of the Development Authority to refuse a development permit
application is reversed by the Subdivision and Development Appeal Board, the
Development Authority shall forthwith approve the development permit
application in accordance with the decision of the Subdivision and Development
Appeal Board.
(5)
If the decision of the Development Authority to approve a development permit is
varied by the Development Appeal Board, the Development Authority shall
forthwith approve the development permit application in accordance with the
decision of the Subdivision and Development Appeal Board.
(6)
A decision made under this part of the Bylaw is final and binding on all parties
and all persons subject only to an appeal upon a question of jurisdiction or law
3 | appeals
pursuant to the Act. An application for leave to the Court of Appeal shall be
made:
(a)
to a judge of the Court of Appeal; and
(b)
within thirty (30) days after the issuance of the order, decision, permit or
approval sought to be appealed.
4 | Amendment to
the Land Use Bylaw
4.1 Application for Amendment
(1)
Subject to the provisions of the Municipal Government Act, any Section or Part of
this Bylaw may be amended.
(2)
Council may at any time initiate an amendment to this Bylaw, but prior to first
reading of any proposed amendment the proposal shall be referred to the
Development Authority Officer to prepare an amendment application, reports and
recommendations.
(3)
Any person may apply to have this Bylaw amended by applying in writing, using
the application form provided by Thorhild County, and request that the
Development Authority submit the application to Council.
(4)
An applicant proposing to amend this Bylaw for a purpose of clarification of an
existing provision must provide the following information:
(a)
pay Thorhild County an application and advertising fee as set by Council;
(b)
undertake in writing on a form provided by Thorhild County to be liable
for, and pay on demand, all expenses made necessary by the processing of
the proposed amendment which the County may incur, whether it be
enacted or not, including but not limited to map printing and reproduction
costs, surveys and advertising charges;
(c)
reasons in support of the application;
(d)
drawings showing the subject site, the proposed District and the proposed
use and development to be proposed on the site, if applicable;
(e)
the sequence of land servicing (may include, among other elements, site
grading plan, infrastructure servicing concept, development concept,
development phasing and landscaping), if applicable;
(f)
a recent title search (dated within thirty days of the date the application is
received) of the land affected and/or other documents satisfactory to the
Development Authority showing the applicant's interest in the said land, if
applicable; and
(g)
where the applicant is an agent acting for the owner, a letter from the
owner(s) authorizing the agent to make the application.
(5)
A person making an application to amend this Bylaw for a purpose other than the
clarification of an existing provision of this Bylaw shall:
4 | development applications
(a)
pay Thorhild County an application and advertising fee as set by Council;
(b)
undertake in writing on a form provided by Thorhild County to be liable
for, and pay on demand, all expenses made necessary by the processing of
the proposed amendment which the County may incur, whether it be
enacted or not, including but not limited to map printing and reproduction
costs, surveys and advertising charges;
(c)
reasons in support of the application;
(d)
drawings showing the subject site, the proposed District and the proposed
use and development to be proposed on the site, if applicable;
(e)
the program of land servicing, if applicable;
(f)
information regarding any potential impact of the development that would
be allowed by the proposed amendment on the existing natural or man-
made environment;
(g)
information respecting the suitability of the subject site for the
development that would be allowed by the proposed amendment;
(h)
a recent title search (dated within thirty days of the date the application is
received) of the land affected and/or other documents satisfactory to the
Development Authority showing the applicant's interest in the said land, if
applicable;
(i)
sign a statement authorizing the right of entry by the Development
Authority to such lands and/or buildings as may be required for
investigation of the proposed amendment; and
(j)
any other information deemed necessary by the Development Authority or
Council.
(6)
Upon receipt of an application to amend the Land Use Bylaw, the Development
Authority shall:
(a)
initiate or carry out any necessary investigation or analysis of the
problems involved in or related to the amendment; and
(b)
prepare a detailed report including all maps and relevant materials for
Council to consider.
(7)
In order to carry out any necessary investigation or analysis of the problems
involved in or related to the amendment, the Development Authority may refer
the application to such agencies as they consider necessary for comment.
(8)
Upon receiving the preliminary advice of the Development Authority, the
applicant shall advise the Development Authority if:
(a)
he/she wishes the Council to proceed with the amendment as submitted by
the person, or an alternative amendment proposed by the Council; or
(b)
he/she wishes to withdraw the application for an amendment.
(9)
As soon as reasonably convenient, the Development Authority shall submit the
proposed amendment as originally applied for, or as alternatively chosen by the
4 | development applications
applicant, as the case may be, to the Council, accompanied by the report of the
Development Authority and other relevant material, if any, and the Council shall
then consider the proposed amendment.
(10)
During deliberation on the Bylaw amendment application, Council may refer the
application to such agencies as it considers necessary for comment.
(11)
Council may request such information as it deems necessary to reach a decision
on the proposed amendment.
(12)
Notwithstanding anything in this Section, a proposed amendment which has been
rejected by Council within the previous twelve (12) months may not be
reconsidered unless Council otherwise directs.
(13)
Proposed amendments to this Bylaw are subject to those requirements and
procedures set out in the Act regarding the enactment of Bylaws.
(14)
All amendments to this Bylaw shall be made by Council by Bylaw and in
conformity with the requirements of the Act regarding the notification and
holding of a public hearing.
4.2 Public Hearing Process
(1)
At the discretion of Council, first reading of a proposed amendment may be given
before the Public Hearing process, and Council may require that the applicant pay
a fee for advertising according to the governing Land Use Bylaw advertising fee
schedule as amended from time to time by resolution of County Council.
(2)
All amendments to this Bylaw shall be made by Council, by Bylaw, and in
conformity with the requirements of the Act with regard to the holding of a Public
Hearing.
5 | Enforcement,
Penalties and Fines
5.1 Contravention and Stop Orders
(1)
Where the Development Authority finds that a development or use of land or
buildings is not in accordance with:
(a)
the Municipal Government Act or the regulations; or
(b)
a development permit or subdivision approval or
(c)
the Land Use Bylaw;
the Development Authority may, in accordance with the Act, by notice in writing,
order the registered owner, the person in possession of the land or buildings, or
the person responsible for the contravention, or all or any of them to:
(i)
stop the development or use of the land or buildings in whole or in part as
directed by the notice; and/or
(ii)
demolish, remove or replace the development; and/or
(iii)
take such other measures as are specified in the notice so that the
development or use of the land or buildings is in accordance with the
Municipal Government Act, the regulations, a development permit,
subdivision approval or this Bylaw, within the time frame specified by
the notice, as the case may be.
(2)
Where a notice is issued under Section 5.1(1), the notice shall state the following
and any other information considered necessary by the Development Authority:
(a)
an explanation of the contravention, and a statement indicating under
which provisions of this Bylaw or the Act the order is being cared out;
(b)
the alternatives and processes which the person responsible for the
contravention may pursue in order to correct the contravention;
(c)
a time frame in which the contravention must be corrected prior to
Thorhild County pursuing action; and
(d)
advise the person of his/her right to appeal the notice to the Subdivision
and Development Appeal Board.
(3)
Where a person fails or refuses to comply with an order directed to him/her
pursuant to Section 5.1(1) or an order of the Subdivision and Development
Appeal Board, the Council or a person appointed by it may, in accordance with
the Act, enter upon the land or building and take such action as is necessary to
carry out the order.
5 | enforcement, penalties and fines
(4)
Where the Development Authority carries out an order, the County shall, as part
of its process, ask the courts to allow it to cause the costs and expenses incurred in
carrying out the order to be placed on the tax roll as an additional tax against the
property concerned, and that amount shall be collected in the same manner as
taxes on land.
(5)
The County may register a Caveat under the Land Titles Act pursuant to the Order
against the certificate of title that is subject to the Order in accordance with
Section 646(2) of the Act.
5.2 Enforcement
(1)
This Bylaw may be enforced, and the contravention of any provisions contained
herein restrained, by the Court of Queen's Bench of Alberta upon action brought
by Council, whether or not any penalty has been imposed for the contravention.
(2)
A person who:
(a)
contravenes any provision of the Act or the regulations under the Act;
(b)
contravenes this Bylaw;
(c)
contravenes an order under Section 5.1 of this Bylaw and/or Section 645
of the Act;
(d)
contravenes a development permit or subdivision approval or a condition
attached thereto, and/or
(e)
obstructs or hinders any person in the exercise or performance of his
powers or duties under this Act, the regulations under the Act or this
Bylaw is guilty of an offense and is liable to a fine prescribed in Section
566 of the Act.
(3)
If a person is found guilty of an offense under Section 5.1 of this Bylaw (Section
557 of the Act), the court may, in addition to any other penalty imposed, order the
person to comply with:
(a)
the Act and the regulations under the Act;
(b)
this Bylaw;
(c)
an order under Section 5.1 of this Bylaw and/or Section 645 of the Act;
and/or
(d)
a development permit or subdivision approval or a condition attached to a
development permit or subdivision approval.
(4)
Any written notice, or order, or decision that is required under any provision of
this Bylaw to be provided to any person shall be deemed to have been so provided
if it is:
(a)
delivered personally to the person or their agent it is directed to; or
Thorhild County
enforcement, penalties and fines | 5
(b)
mailed by regular mail to the last known address of the person it is
directed to; or
(c)
left with any agent or employee or resident at the last known address of
the person to whom it is directed.
5.3 Violation Tickets and Fines
(1)
In addition to the process and penalties described above, the Development
Authority or any other person identified as a designated officer by the Council for
the purposes of this Section, shall be authorized to issue violation tickets in
respect to any contravention of this Bylaw.
(2)
The violation ticket shall specify the alleged offence committed by the person to
whom the violation ticket is issued and require payment, within twenty-one (21)
days from the date of issue of the violation ticket, of a fine to the County.
(3)
Persons contravening any provision of this Bylaw to whom violation tickets are
issued shall be liable for a penalty of $100.00 for the first offence and $250.00 for
a second or subsequent offence. Each day that a breach of the Bylaw has
occurred shall be considered to be a separate offence.
(4)
Notwithstanding 5.3(3) above, persons contravening any provision of this Bylaw
related to industrial uses and/or development shall be liable for a penalty of
$500.00 for the first offence and $1000.00 for a second or subsequent offence.
Each day that a break of the Bylaw has occurred shall be considered to be a
separate offence.
(5)
The violation ticket shall be served upon the alleged offender personally or
delivered by regular mail. If payment is made within the time limit, then such
payment shall be accepted in lieu of prosecution for the offence.
(6)
If a person who has been served with a violation ticket fails to pay the fine
specified therein, then the right of the alleged offender to settle the alleged offence
without a court appearance shall no longer apply and prosecution for the alleged
offence shall proceed.
(7)
If the person who was served with the violation ticket is thereafter prosecuted and
convicted of the offence specified in the violation ticket, the fine imposed shall
not be less than $125.00, plus court costs, for each offence.
general provisions | 6
6 | General Provisions
6.1 Accessory Buildings
(1)
An accessory building shall not be used as a dwelling unit, unless a
development permit has been issued allowing the use of the accessory building
as a garage suite and the garage suite meets the provisions of Section 7.9 of
this Bylaw.
(2)
The siting of an accessory building on an irregularly-shaped lot shall
be as required by the Development Authority.
(3)
An accessory building shall not be located closer than 2.43 m (8.0 ft.) of a
main building.
(4)
In addition to all other requirements of this section, accessory buildings,
where listed as permitted or discretionary in the Residential Districts, shall
comply with the following requirements:
(a)
The height of an accessory building shall not normally exceed 4.5 m
(15 ft.) or one (1) storey. However, the maximum height for an
accessory building may be exceeded, at the sole discretion of the
Development Authority, for the height of a garage in order to facilitate
the development of a garage suite on a parcel of land where it can
reasonably be determined by the Development Authority that the
additional height will not impact the quality of life or enjoyment of
adjacent properties.
(b)
an accessory building shall not:
(i)
have an eave overhang within 0.3 m (1.0 ft.) of a lot line;
(ii)
encroach upon any easement or right-of-way; and
(iii)
exceed more than 15% of the total site area.
(c)
The minimum setback requirements for a detached garage or other
accessory building located on a parcel in a residential district, other
than the Long Lake Residential (RL) District, where the parcel of land
is not located adjacent to a highway or a government road allowance,
shall be in accordance with Figure 6
(d)
The minimum setback requirements for a detached garage or other
accessory building located in the Long Lake Residential (RL) District
shall be in accordance with Figure 7.
(Amended as per Bylaw 18-2020)
(5)
The maximum height of accessory buildings in all districts not listed in
Subsection 4, above, shall be at the discretion of the Development
Authority.
6 | general provisions
6 | general provisions
(6)
Accessory buildings may be allowed in the Agriculture (AG) District where
there is no main use or main building solely at the discretion of the
Development Authority. The Development Authority shall only approve the
development of an accessory building where there is no main use or main
building if, in their sole opinion:
(a)
the accessory building would become necessary to a main use or a
main building in the future should the main use or main building
ever be developed; and
(b)
the accessory building is sited in such a manner that it will
minimized shadowing or site line obstructions from adjacent
properties.
(7)
Accessory buildings shall normally be allowed in all Residential,
Commercial, and Industrial Districts only where there is already a main use or
building with an approved development permit located on the site.
(8)
Notwithstanding Subsection (7), where the development of a garage suite is
proposed in the Agricultural District, where a development permit has been
issued for the development of a main dwelling on a parcel, the Development
Authority may, at their sole discretion, approve the development of the garage
suite as a temporary dwelling prior to the construction of the main use or
building on the property.
(9)
Notwithstanding Subsection (7), the Development Authority may, at their sole
discretion, approve the development of a garage prior to the construction of the
main use or building on the property, where a development permit has been
issued for the development of a main use or building on the property.
(10)
Where a parcel of land is located within the Agricultural (AG) District and/or
adjacent to a highway or a government road allowance, the setback
requirements for accessory buildings shall be the same as the setback
requirements for dwellings. Refer to Sections 6.6 and 6.7 for setback
requirements for all buildings located within these Districts.
(11)
Development permits for non-permanent structures including but not limited
to portable garage shelters shall be issued on a temporary basis for a period
not to exceed three (3) years.
(12)
Where a structure is attached to the main building on a lot by a roof, an open
or enclosed structure, a floor or a foundation, it is to be considered a part of
the main building and is not an accessory building.
general provisions | 6
Figure 6: Siting of accessory buildings in the Residential Districts (other than RL District)
6 | general provisions
Figure 7: Siting of accessory buildings in the Long Lake Residential (RL) District
(Amended as per Bylaw 18-2020)
general provisions | 6
6.2 Corner and Double Fronting Lots in
Residential Districts
(1)
Within the Multi-lot Country Residential (CR), Low-density Residential (R1A),
Low density Residential (R1B), Medium density Residential (R2), Residential
Manufactured Home Park (RMHP), Residential Manufactured Home Subdivision
(RMHS), Residential Home Business (RHB), Residential Cluster Conservation
(RCC), and Long Lake Residential (RL) Districts, the following regulations shall
apply:
(a)
In the case of double fronting lots, the front yard shall be that portion of
the lot abutting the road on which the front yards of adjacent lots face. If
adjacent lots have front yards facing both roads, front yards shall be
considered to be on both roads and the lot may thus have no rear yard (see
Figure 8).
(b)
Notwithstanding any other provision of this Bylaw to the contrary, the
Development Authority may require that a development on a corner lot or
on a double fronting lot provide two minimum required front yards, after
having regard to the orientation of adjacent lots and to the location of
accesses to the development.
(c)
Notwithstanding any other provision of this Bylaw to the contrary, where
a second minimum front yard is not required on a corner lot, the minimum
required side yard on the side adjacent to the road shall not be less than 3.8
m (12.6 ft.).
(d)
Notwithstanding subsection (c), features under 0.5 m (1.6 ft.) in height
may project to the sideline where a second minimum front yard is not
required on a corner lot (see Figures 8 & 9).
Figure 8: Permitted encroachments within side yards on a corner site
6 | general provisions
Figure 9: Permitted encroachments within side yards on a corner site
6.3 Corner Sites and Site Line Protection
(1)
Within the Multi-lot Country Residential (CR), Low-density Residential (R1A),
Low-density Residential (R1B), Medium-density Residential (R2), Residential
Manufactured Home Park (RMHP), Residential Manufactured Home Subdivision
(RMHS), Residential Home Business (RHB), Residential Cluster conservation
(RCC), and Long Lake Residential (RL) Districts, on corner sites, no fence, wall,
tree, bush, structure or thing more than 1.0 m (3.2 ft.) in height shall be erected,
placed or maintained within the triangular area formed by the intersecting road
right-of-way lines (or their projections) or a road and a straight line joining points
on the road right-of-way lines 6.0 m (19.6 ft.) from their intersection (see Figure
10, following page).
Feature over 0.5 m (1.6 ft.) in
height: minimum Side Yard
= 3.8 m (12.6 ft.)
Feature under 0.5 m (1.6 ft.)
in height: minimum Side
Yard = 0 m (0 ft.)
general provisions | 6
Figure 10: Corner site line protection in Residential Districts
(2)
Within the Multi-lot Country Residential (CR), Low-density Residential (R1A),
Low-density Residential (R1B), Medium-density Residential (R2), Residential
Manufactured Home Park (RMHP), Residential Manufactured Home Subdivision
(RMHS), Residential Home Business (RHB), Residential Cluster conservation
(RCC), and Long Lake Residential (RL) Districts, at the intersection of roads and
lanes, and at intersections of driveways and roads, no fence, wall, tree, bush,
structure or thing more than 1.0 m (3.2 ft.) in height shall be erected, placed or
maintained within the triangular area formed by the intersecting road or lane
right-of-way lines or the edge of the driveway and a straight line joining points on
the road or lane right-of-way lines or the edge of the driveway 3.0 m (9.8 ft.) from
their intersection.
(3)
Within the Highway Commercial (HC), Rural Industrial (RI), Hamlet Industrial
(IH), Central Hamlet Commercial (C1), Large-lot Commercial (C2), Public
Institutional (PI) and Parks and Recreation (PR) Districts, on corner sites, no
fence, wall, tree, bush, structure or thing more than 1.0 m (3.2 ft.) in height shall
be erected, placed or maintained within the triangular area formed by the
6 | general provisions
intersecting road right-of-way lines (or their projections) or a road and a straight
line joining points on the road right-of-way lines 4.5 m (14.8 ft.) from their
intersection (see Figure 11).
Figure 11: Corner site line protection in Commercial, Industrial and Public Districts
(4)
At the intersection of roads and lanes, and at intersections of driveways and roads,
no fence, wall, tree, bush, structure or thing more than 1.0 m (3.2 ft.) in height
shall be erected, placed or maintained within the triangular area formed by the
intersecting road or lane right-of-way lines or the edge of the driveway and a
straight line joining points on the road or lane right-of-way lines or the edge of the
driveway 4.5 m (14.8 ft.) from their intersection.
(5)
Notwithstanding any other provision of this Bylaw to the contrary, no sign shall
be located within the areas defined in subsections (1), (2), (3) and (4).
general provisions | 6
6.4 Design, Character and Appearance of
Buildings
(1)
The exterior finish on all buildings shall be of a permanent material, and be of a
character and quality satisfactory to the Development Authority.
(2)
Pursuant to subsection (1), the Development Authority may consider the
following when reviewing development proposals in all districts:
(a)
the design, character and appearance of all buildings with respect to their
compatibility with any other buildings existing in the vicinity;
(b)
the design of the building must be consistent with the purpose of the land
use district in which it is located; and/or
(c)
the building shall comply with any provisions of any statutory plan which
sets out specific guidelines as to the design, character, appearance or
building materials to be used within a district or area;
(3)
The Development Authority shall encourage buildings to be sited and constructed
so as to maximize passive solar energy gain.
(4)
The Subdivision Authority or the Development Authority may, where it desires to
achieve a higher standard of design and appearance in a specific Area Structure
Plan, Subdivision, or Development, require the developer to provide detailed
architectural control guidelines.
(5)
The Subdivision Authority may require at the time of subdivision that the
developer register a restrictive covenant against the subdivision in order to ensure
ongoing conformance with the architectural control guidelines.
6.5 Development and Access Permit
Requirements Adjacent to Municipal
Roads and Highways
(1)
No development permit shall be issued for development within 800.0 m (0.5
miles) of the boundary of the right-of-way of a highway until any necessary
permits for the development have been issued by Alberta Transportation.
(2)
All new approaches must be constructed to current County standards.
(3)
No dugouts will be permitted within 40.0 m (131 ft.) of the property line of a
municipal road allowance.
6 | general provisions
(4)
The location and development of a dugout adjacent to a highway will be at the
discretion of Alberta Transportation.
6.6 Development Near Intersections and Road
Curves
(1)
No buildings, fences, trees, haystacks higher than 1.0 m (3.28 ft.) or other similar
obstructions to visibility shall be permitted within the area indicated on Figure
12.
Figure 12: Building and Access Setback Requirements Near Curves on Highways
general provisions | 6
(2)
No development shall be located so that the access and egress to a Highway is
within 150.0 m (492.1 ft) of the beginning or end of a road curve exceeding
twenty (20) degrees (See Figure 13).
(3)
No development shall be located so that the access and egress to a County Road is
within 90.0 m (295.3 ft) of the beginning or end of a road curve exceeding twenty
(20) degrees (See Figure 13).
Figure 13: Access Setback Requirements Near Curves on County Roads
(4)
No buildings, solid fences, trees, haystacks higher than 1.0 m (3.28 ft.) or other
similar obstructions to visibility shall be permitted at the intersection of two
County roads (see Figure 14, following page).
6 | general provisions
Figure 14: Development Setback at the Intersection of Two Local Roads
(5)
Where a local road intersects a highway, the Highway Development Control
Regulations shall apply to development adjacent to the highway where it
intersects.
6.7 Development Setback Requirements
The following regulations shall apply to all buildings in all land use districts unless
otherwise stated in the respective land use district or at the discretion of the Development
Authority.
(1)
Where a lot is separated from a roadway by a buffer strip (ie. Municipal Reserve,
Environmental Reserve, Environmental Reserve Easement, or Public Utility Lot)
the lot is considered adjacent to the roadway for the purpose of setbacks.
general provisions | 6
(2)
A municipal service road shall be treated as a County Road for the purposes of
applying setback regulations.
(3)
When a parcel of land is adjacent to a Highway, all residential and accessory
buildings shall be setback a minimum distance of 40.0 m (131.0 ft.) from the
property line (see Figure 15).
Figure 15: Development Setback for Buildings from a Highway
(4)
On a parcel of land located adjacent to a County Road, no development shall be
permitted in the front or side yards within 40.0 m (131.0 ft.) from the property line
(see Figure 16, following page).
6 | general provisions
(5)
In the Multi-lot Country Residential District, all buildings shall be setback a
minimum distance of 7.62 m (25.0 ft.) from the property line of the residential
property adjacent to internal subdivision roads (see Figure 17, following page).
Figure 16: Development Setback for Buildings from County Roads
County Road
County Road
general provisions | 6
Figure 17: Development Setbacks from Municipal Roads
(7)
The minimum separation distance between a dwelling and an accessory building
in the Residential Districts shall be a minimum of 2.43 m (8.0 ft.).
6.8
Dwelling Units on a Parcel
(1)
The number of dwelling units allowed on a parcel of land in any Residential
District or in the Agriculture (AG) District shall normally not exceed one (1).
(2)
Within the Long Lake Residential (RL) District, the maximum number of
dwelling units allowed on a parcel shall not exceed one (1).
(3)
Notwithstanding Subsection (1), the Development Authority may issue a permit
for the construction or location of more than one (1) dwelling unit on a parcel if
County Road
6 | general provisions
additional dwelling units are permitted or discretionary within the applicable land
use district and the second or additional dwelling unit:
(a)
is contained in a building that, or in buildings each of which, are designed
for or divided into two (2) or more dwelling units;
(b)
is a surveillance suite as defined in this Bylaw;
(c)
is a temporary building or use as defined in this Bylaw;
(d)
is a permanent building located on a parcel of land larger than 28.3 ha (70
ac.) in area and does not exceed the maximum density requirements within
the District as stated in this Bylaw or any applicable statutory plan; or
(e)
is a garage, garden, in-law or secondary suite as defined in this Bylaw and
meets the requirements for such development as established in Sections
7.9, 7.10, 7.12 and 7.30, respectively.
(4)
Any more than two (2) units may only be permitted at the discretion of the
Municipal Planning Commission.
(5)
Where a second or additional dwelling is permitted, the second or additional
dwelling must be provided with services separate from the principal dwelling.
6.9
Existing Substandard Lots
(1)
Development on existing substandard lots may be allowed by the Development
Authority. Compliance with the Alberta Safety Codes Act and any applicable
Provincial Board of Health Regulations shall be required.
6.10 Landscaping and Lighting
(1)
In all land use districts except the Agriculture (AG) District, no person shall
commence or continue the removal or addition of topsoil without first obtaining
an approved development permit.
(2)
Development permit applications for landscaping shall be accompanied by a
general parcel grading plan, drainage plan and indicate any existing or proposed
retaining wall construction.
(3)
The developer shall provide upon occupancy of the development, a minimum
topsoil coverage of 15.2 cm (6 in.) and the affected area shall be landscaped to the
satisfaction of the Development Authority.
(4)
In any commercial, industrial, or residential land use district other than the Multi-
lot Country Residential (CR) District, 90% of all areas of a parcel not covered by
buildings, parking or vehicular maneuvering areas shall be landscaped to the
satisfaction of the Development Authority.
general provisions | 6
(5)
Commercial buildings in residential areas must be screened by a solid or opaque
fence of not less than 2.0 m (6.5 ft.) in height adjacent to residential properties.
(6)
In the case of car washing establishments, service stations and gas bars,
landscaping shall be provided and maintained to the satisfaction of the
Development Authority. Solid fences shall be provided at least 1.5 m (4.9 ft.) in
height and no higher than 2.0 m (6.5 ft.) adjacent to residential areas.
(7)
In the case of apartments or row houses all off-street parking shall include a
landscaped area, and in residential areas, a wall, hedge or wooden fence of not
less than 1.2 m (3.9 ft.) in height and not more than 2.1 m (6.9 ft.).in height, shall
be provided along the side property lines, all to the satisfaction of the
Development Authority.
(8)
In any residential land use district, acceptable landscaping for the front yard shall
include manicured lawns, rock gardens, xeriscapes, vegetable gardens and
ornamental plants, or a combination thereof.
(9)
In any commercial land use district, off-street parking lots shall be landscaped by
the planting of trees and/or shrubs in the amount of at least one tree and/or shrub
for every 185.8 sq. m (2000 sq. ft.) of parking lot area. The trees and/or shrubbery
shall be of a type and size approved by the Development Authority.
Trees/shrubbery required shall be located within the parking area in locations
where visibility for the safe movement of persons and traffic is not impaired.
(10)
All required landscaping and planting must be carried out to the satisfaction of the
Development Authority and within 1 year (weather permitting) of occupancy or
commencement of operation of the proposed development.
(11)
As a condition of a development permit, the Development Authority may require that
the developer provide a financial guarantee, in a form acceptable to Thorhild County,
up to the value of the estimated cost of the proposed landscaping/planting to ensure
that such landscaping/planting is carried out with reasonable diligence.
(12)
Any proposed lighting shall be located and arranged so that light is not directed onto
adjacent properties.
6.11 Objects Prohibited or Restricted in Yards
The following regulations shall apply to all lots within the Multi-lot Country Residential
(CR), Residential (R1A, R1B and R2), Long Lake Residential (RL), Central Hamlet
Commercial (C1), Residential Manufactured Home Park (RMHP), Residential
Manufactured Home Subdivision (RMHS) and Urban Reserve (UR) Districts, unless
otherwise specified.
6 | general provisions
(1)
No person shall keep or permit in any part of any yard, any object, chattel, or
other use of land which, in the opinion of the Development Authority is unsightly
or tends to adversely affect the amenities of the district. This includes dismantled
or wrecked motor vehicles, and any excavation, stockpiling or storage of
materials, explosives, flammable liquids, diesel fuel, propane and gasoline
products.
(2)
No person shall keep or maintain a recreational vehicle in a front yard.
(3)
No person shall keep or permit in any part of any yard any more than one (1)
vehicle, loaded or unloaded, of a gross vehicle weight in excess of 4,800.0 kg
(10,560 lbs) for longer than is reasonably necessary to load or unload the vehicle.
(4)
No person shall keep or permit in a yard adjacent to a dwelling, either:
(a)
a propane tank that is larger than 68.2 kg (150 lbs.); or
(b)
any number of propane tanks with a total capacity which exceeds 68.2 kg
(150 lbs.);
without first obtaining a development permit.
(5)
Notwithstanding Subsection (4) above, on lots in a residential district which are:
(a)
greater than 1.2 ha (3 ac.) in area; and
(b)
where the proponent can prove to the satisfaction of the Development
Authority that the location and use of the propane tanks meets acceptable
fire code and safety standards;
the Development Authority may, at its sole discretion, allow more than four (4)
propane tanks or any number of propane tanks with a capacity which exceeds 68.2
kg (150 lbs.) to be located on a lot.
(6)
Notwithstanding Subsection (4) above, in Commercial Districts, where the
applicant for a development permit can prove to the satisfaction of the
Development Authority that the location and use of the proposed propane tanks
meets acceptable fire code and safety standards as well as emergency response
requirements, the Development Authority may, at its sole discretion, allow more
than four (4) propane tanks or any number of propane tanks with a total capacity
which exceeds 68.2 kg (150 lbs.) to be located either:
(a)
within an individual lot; or
(b)
within each recreational vehicle stall located in an approved
campground/recreational trailer park.
(7)
All development permit applications to allow more than four (4) propane tanks, or
any number of propane tanks with a total capacity which exceeds 68.2 kg (150
lbs.), to be located within individual stalls, in approved campground or
recreational vehicle park, will be required to include an Emergency Response
general provisions | 6
Plan, prepared by the developer, at no cost to the municipality. The Emergency
Response Plan will be circulated to the municipality's Fire Department for
approval prior to issuance of a development permit.
(8)
Development permits issued for more than four (4) propane tanks or any number
of propane tanks with a total capacity which exceeds 68.2 kg (150 lbs.) will only
be granted for a period of one year. New development permit applications must be
submitted annually if the proponent wishes to extend the development period.
(9)
No person shall keep or permit in a yard adjacent to a dwelling, either:
(a)
a gasoline or diesel container with a capacity greater than 20 L;
(b)
more than four (4) gasoline or diesel containers; or
(c)
any number of gasoline or diesel containers with a total capacity which
exceeds 80 L;
without first obtaining a development permit.
6.12 Parking and Loading Regulations
(1)
In all Districts, vehicular entrances and exits onto roads shall only be allowed at
locations approved by the Development Authority. A permit shall be obtained
from Alberta Transportation onto all Highways.
(2)
In all Districts, an off-street parking space shall be provided in accordance with
the minimum requirements of each use as determined by the Development
Authority. The following specifications shall be adhered to:
Parking
Angle in
Degrees
a
Width of Stall
b
Depth of Stall
(Perpendicul
ar to
Maneuverin
g Aisle)
c
Width of Stall
(Parallel to
Maneuveri
ng Aisle)
d
Overall Depth
e
Width of
Maneuveri
ng Aisle
(one-way)
f
0
2.7 m (8.86 ft.)
2.7 m (8.86 ft.)
7.0 m (22.97 ft.)
9.1m (29.86 ft.)
3.6m (11.81 ft.)
30
2.7 m (8.86 ft.)
5.2 m (17.06 ft.)
5.5 m (45.87 ft.)
14.0m (45.93 ft.) 3.6m (11.81 ft.)
45
2.7 m (8.86 ft.)
5.8 m (19.03 ft.)
4.0 m (13.12 ft.)
15.2m (49.87 ft.) 3.6m (11.81 ft.)
60
2.7 m (8.86 ft.)
6.1 m (20.01 ft.)
3.1 m (10.17 ft.)
18.2m (59.71 ft.) 6.0m (19.69 ft.)
90
2.7 m (8.86 ft.)
6.1 m (20.01 ft.)
2.7 m (8.86 ft.)
19.5m (63.98 ft.) 7.3m (23.95 ft.)
Table 1: Parking stall requirements
6 | general provisions
Figure 18: Diagram showing the definitions of column headings in Table 1, above
(3)
An off-street parking area:
(a)
shall be designed to the satisfaction of the Development Authority with
regard to the dimensions, and layout of parking stalls and maneuvering
aisles; and
(b)
shall have adequate street access, curbs and curb cuts (where required)
located to the satisfaction of the Development Authority; and
(c)
shall be graded, drained, compacted and surfaced to the satisfaction of the
Development Authority.
(4)
All parking areas shall conform to the minimum parking standards set out in the
following pages.
(5)
Required Number of Off-Street Parking Spaces
All developed parcels are required to provide a minimum number of parking stalls
based on the use of the parcel. In determining the parking requirement for a
parcel:
general provisions | 6
(a)
if a specific use is not mentioned below, the requirement shall be the same
as for a similar use, as determined by the Development Authority; and
(b)
if a parcel consists of multiple uses, the required parking shall be the sum
of the requirements for each use, unless it is demonstrated to the
satisfaction of the Development Authority that a shared parking facility
with a reduced number of spaces will be sufficient. The required parking
may be combined or shared parking provided that a legal agreement is
entered into between the users or land owners, and further that the parking
arrangements are acceptable to the Development Authority; and
(c)
the minimum number of parking stalls for any development shall be as
follows:
Residential Uses
One or two unit dwelling
2 per dwelling unit
Multi-unit dwelling with one bedroom or less per unit
1.5 per dwelling unit plus 1
visitor space per 7 units
Multi-unit dwelling with two or more bedrooms per unit
2 per dwelling unit plus 1
visitor space per 7 units
Dwelling with self-contained units for senior citizens only
2 for every 3 dwelling units
Garage, garden, in-law, secondary and surveillance
suites
1 per suite
Manufactured home parks
2 per manufactured home unit
plus 1 visitor space per 7
manufacture home unit
Table 1: Parking Requirements for Residential Uses
Commercial Uses
Office uses and government services
Health Services
1 per 40.0 m2 (430.0 ft.2) of
gross leasable area
1 per 30.0 m2 (325.0 ft.2) of
gross leasable area or 3 for
each full time or part-time
professional, whichever is
greater
Eating and drinking establishments (except those as noted
below)l
1 per 4 seating spaces or 1 per 3
employees, whichever is greater
Restaurants
1 per 13.0 m2 (140.0 ft.2) of gross
leasable area plus 1 per 3
employees on maximum shift
6 | general provisions
Nightclubs
1 per 13.0 m2 (140.0 ft.2) of gross
leasable area plus 1 per 3
employees on maximum shift
Bars and neighbourhood pubs
1 per 13.0 m2 (140.0 ft.2) of gross
leasable area plus 1 per 3
employees on maximum shift
Drive-in restaurants
1 per 3.0 m2 (32.3 ft.2) of gross
leasable area or 1 per 5 seating
spaces, whichever is greater
Other drive-in businesses
8
Table 2: Parking Requirements for Commercial Uses
Places of Public Assembly
1 per 7.5 seating spaces or 1
Theatre, auditorium, hall, church or other cultural or
per 7 sq. m (75 sq. ft.) used by
recreational facility
the patrons, whichever is
greater
Schools
Table 3: Parking Requirements for Public Assembly Uses
Elementary school or junior high school
1 per school employee during
regular school hours, plus 8
Senior high school (not including an associated auditorium,
gymnasium or swimming pool)
4 per 10 students
Table 4: Parking Requirements for Schools
Industrial Uses
Manufacturing or industrial plant, wholesale, warehousing
and storage building and yard, service or repair establishment,
research laboratory or public utility building
1 per employee on maximum
shift. This may be varied by the
Development Authority to no
less than 1 per 3
employees if it can be shown
that fewer stalls are needed.
Table 5: Parking Requirements for Industrial Uses
general provisions | 6
Hospitals and Similar Uses
Hospital, sanatorium, group care facilities, nursing home,
convalescent home and senior citizens lodge
1 per 100 sq. m (1,076 sq. ft.) of
floor area or 1 per four beds and 1
for every two employees on
maximum shift, whichever
is greater.
Table 6: Parking Requirements for Hospitals and Similar Uses
(6)
Off-Site and Communal Parking Facilities
In Districts other than a residential district, and subject to approval by the
Development authority, required parking for any development(s) may be provided
on another parcel, separate from the development(s) in accordance with the
following:
(a)
the parking, in the opinion of the Development Authority, must be
suitable, easily accessible and within a reasonable distance of the
associated development(s).
(b)
Future use of the parcel must be ensured to the satisfaction of the
Development Authority. This may be done by a restrictive covenant
registered on the title, a suitable bond posted by the developer(s), or by any
other legal method.
(c)
At the option of the Development Authority, in lieu of off-street parking, a
developer shall pay the County to provide equivalent public parking. The
Development Authority shall determine the amount of money in lieu of
parking, based on current market values, and the money shall be used to
provide off-street public parking.
(7)
Off-Street Loading Facilities
(a)
Off-street loading spaces shall be required for all non-residential
developments and apartments.
(b)
A loading space shall be designed and located so vehicles using it can park
and maneuver within the parcel.
(c)
A loading space shall be at least 4.0 m (13.12 ft.) wide, 8.0 m (26.24 ft.)
long, and 4.3 m (14.10 ft.) high.
(d)
A loading area shall be graded, drained, compacted and surfaced to the
satisfaction of the Development Authority.
(e)
Loading spaces shall be provided in accordance with the following:
Retail, industrial and the like, under 465 sq. m (5,000 sq. ft.);
and
1 space
between 465 sq. m (5,000 sq. ft.) and 2,323 sq. m (25,000 sq.
ft.); and
2 spaces
each additional 2,323 sq. m. (25,000 sq. ft.) or fraction
thereof;
1 space
6 | general provisions
(8)
Sight line calculations shall be in accordance with the Roads and Transportation
Association of Canada methods for determining crossing sight distances for
roadways.
6.13 Pipeline and Other Utility Corridor
Setbacks
(1)
Any development involving pipeline and/or power line rights-of-way shall be
sited to comply with all relevant Federal and Provincial legislation and
regulations. Setbacks from pipelines and other utility corridors shall be in
accordance with appropriate Provincial legislation and regulations and any
regulations established by the Energy Resources Conservation Board and Alberta
Utilities Commission.
6.14 Projections into Yards
(1) Except as provided in this Section, and except for fences as noted in Section 7.10
of this Bylaw, no portion of a building shall be located or project into a required
yard.
(2) Front Yards
The following features may project into a required front yard:
(a) up to 0.6 m (2.0 ft) for eaves, gutters, sills and chimneys, cantilevers or other similar
projections,;
(b) canopies over entrances to buildings, provided such projections are
cantilevered and do not exceed 0.92 m (3.0 ft.);
(c) exterior balconies on provided that:
(i) they are cantilevered and not enclosed, and designed as an integral
part of the building; and
(ii) they do not project more than 1.98 m (6.5 ft.) into the front yard;
(d)patios - 2m into front yard;
(e) unenclosed steps, landings - up to 2.0 m.
(3) Side Yards
The following features may project into a required side yard, except where a side
yard of 2.59 m (8.5 ft.) is required for vehicular passage:
1 loading space
1 additional space
1 space
Office, place of assembly, institution, club, school, or
any other use up to 2,787 sq. m (30,000 sq. ft.); and
each additional 2,787 sq. m. (30,000 sq. ft.) or fraction
thereof
neighbourhood commercial stores
general provisions | 6
(a) steps, chimneys and decks, provided such projection does not exceed 50%
of the width of the required side yard;
(b) patios, , with the amount of the
projection to be as allowed by the Development Authority;
(c) eaves, gutters and sills or other similar projections, with the amount of the
projection to be as allowed by the Development Authority;
(d) exterior balconies on apartments provided that:
(i) they are cantilevered and not enclosed, and designed as an integral
part of the building; and
(ii) they do not project more than 0.92 m (3.0 ft.) into a required side
yard and in no case are closer than 1.98 m (6.5 ft.) to a side line;
and
(4) Rear Yards
The following features may project into a required rear yard:
(a) up to 0.6 m (2.0 ft.) for eaves, gutters, sills, awnings, chimneys, cantilevers or other similar
projections;
(b) patios - up to 1.2 m from the lot line of a rear yard;
(c) decks - up to 2.0 m;
(d) unenclosed steps, landings - up to 2.0 m.
(Amended as per Bylaw 18-2020)
6.15
Sign Regulations
In addition to the other regulations of this Bylaw, the following additional regulations
shall apply to signs:
(1)
Limitations
(a)
Except as provided in Section 2.2 of this Bylaw, no person shall erect,
relocate or structurally alter or enlarge any sign, including an election
sign, unless he has complied with the requirements of this Section and any
other relevant provisions of this Bylaw, and has been issued a
development permit in respect thereof.
(b)
The Development Authority may issue a development permit for a sign as
part of the development permit for the use or the building to which the
sign pertains, provided the development permit application indicates that
there is to be a sign and provided further that all information requirements
for a development permit application for a sign are met to the satisfaction
of the Development Authority.
(c)
Provisions for election signs and property for sale or rent signs are
provided in Section 2.2 of this Bylaw.
(2)
Information Requirements for a Development Permit for a Sign
6 | general provisions
In addition to the requirements of Part 2 of this Bylaw, a development permit
application for a sign shall include the following information:
(a)
written consent from the property owner,
(b)
two copies of colour drawings, drawn to scale, showing the sign, any
structural supports, and the dimensions, thickness, area, and colours, of the
sign,
(c)
any animation, moving copy, or other moving features of the sign, if
applicable,
(d)
method of illumination, if applicable,
(e)
mounting details,
(f)
the location and size of all other existing and proposed signs on the
building façade or site,
(g)
mounting heights and clearances to grade, and
(h)
the amount of projection of the sign from a building, if any.
(3)
Signs as Permitted or Discretionary Uses
(a)
No sign, other than an off-site sign in the Districts indicated in Subsection
(b) below, or a sign which is otherwise exempted from the requirement of
obtaining a development permit as indicated in Section 2.2 of this Bylaw,
shall be allowed unless it is accessory to an existing use.
(b)
Notwithstanding any other provision of this Bylaw to the contrary, except
as otherwise indicated in this section, off-site signs shall be considered to
be discretionary developments in all Commercial Districts, in all Industrial
Districts, and in the Urban Reserve (UR) District.
(4)
Procedures for the Consideration of Development Permit Applications for Signs
All development permit applications for signs shall follow the process outlined in
Part 2 of this Bylaw and be subject to appeal if applicable in accordance with
Part 3 of this Bylaw.
(5)
General Sign Regulations
(a)
A sign shall not be erected, operated, used or maintained if, in the opinion
of the Development Authority:
(i)
its position, size, shape, colour, format or illumination obstructs
the view of, or may be confused with, an official traffic sign, signal
or device or other official sign, or otherwise poses a potential
hazard to traffic,
(ii)
it displays lights which may be mistaken for the flashing lights
customarily associated with danger or with those used by police,
fire, or other emergency vehicles, or
(iii)
it would be situated within the area regulated by Section 6.3 of this
Bylaw.
(b)
A sign shall be integrated with the building on which it is to be located
general provisions | 6
and compatible with the general architectural lines and forms of the
nearby buildings or of adjoining developments.
(c)
Where possible, signs shall not cover architectural details such as arches,
sills, mouldings, cornices and transom windows.
(d)
A sign or sign structure shall be set back a minimum of 0.5 m (1.6 ft.)
from any property boundary and no part of a sign may encroach onto an
adjacent lot or a road or lane.
(e)
Except as otherwise specified in this Bylaw, the maximum area of any
sign shall be 18.0 m2 (193.6 sq. ft.).
(f)
At the discretion of the Development Authority a maximum of five (5)
signs may be allowed on a lot, including temporary signs and portable
signs.
(g)
Signs will not be allowed on fences in Residential Districts or Commercial
Districts.
(6)
Care and Maintenance of Signs
(a)
All signs shall be maintained in good and safe structural condition and
shall be periodically repainted.
(b)
Where the Development Authority determines that a sign is abandoned or
in an overall state of disrepair they may, by notice in writing to the owner
of the land on which the sign is located and, if it is indicated on the sign,
the owner or operator of the sign, order the owner of the land and the
owner or operator of the sign to:
(i)
remove the sign and all related structure components within what
the Development Authority deems to be a reasonable period of
time, or
(ii)
take such measures as they may specify in the notice to alter and/or
refurbish and/or repair the sign.
(c)
Failure to remove the sign or to comply with the measures specified in the
notice described in Subsection (b) above may result in the issuance of a
violation ticket as described in this Bylaw.
(d)
The notice described in Subsection (b) above shall be considered to be a
stop order for the purposes of this Bylaw.
(7)
Type of Signs
(a)
A-Frame Signs
(i)
Notwithstanding any other provision of this Bylaw to the contrary,
A-frame signs shall be allowed only in Commercial Districts.
(ii)
The maximum area of each A-frame sign face which is located on
a sidewalk shall be 0.7 m2 (7.5 sq. ft.). Figure 19 (following page)
illustrates area and height requirements for A-frame signs.
(iii)
The maximum area of each A-frame sign face located in another
location, approved by the development authority, shall be 1.5 m2
6 | general provisions
(16.0 sq. ft.)
(iv)
The maximum height of an A-frame sign which is located on a
sidewalk shall be 1.0 m (3.3 ft.).
(v)
No A-frame sign shall be located on a sidewalk in such a manner
so as to obstruct pedestrian flow.
(vi)
The maximum height of an A-frame sign placed in other locations
shall be 1.8 m (6 ft.), measured perpendicular distance from the
ground to the highest point of the sign when set up.
(vii)
No more than one (1) A-frame sign shall be allowed per business
frontage.
(viii)
Where the back of an A-frame sign is visible, it shall be suitably
painted or otherwise covered to present a neat and clean
appearance. Angle iron shall not be open to public view unless
finished in an aesthetically pleasing manner to the satisfaction of
the Development Authority.
(ix)
The area around an A-frame sign shall be kept clean. All
vegetation shall be cleared away to a distance of at least 1.5 m (4.9
ft.) around the A-frame sign.
(x)
A-frame signs are not to be used in conjunction with projecting
signs at grade level.
Figure 19: A-frame Sign Height and Area Requirements
(b)
Canopy Signs
Where a canopy is constructed solely as a support structure for a sign, the
following regulations shall be adhered to:
general provisions | 6
(i)
the maximum area of all canopy signs on one face of a canopy
shall not exceed 50% of the area of the face of the canopy,
(ii)
the bottom of the canopy shall be not less than 2.5 m (8.2 ft.)
above grade,
(iii)
no part of the canopy shall project over a road or lane,
(iv)
unless otherwise approved by the Development Authority, the
vertical dimension of the canopy shall not exceed 1.5 m (4.9 ft.),
(v)
signs suspended under a canopy shall have a vertical clearance of a
minimum of 2.5 m (8.2 ft.) from grade,
(vi)
each tenant of a building shall be allowed one (1) under-canopy
sign of no more than 0.5 m2 (5.4 sq. ft.) in area, and
(vii)
all canopy signs shall be erected in such a manner that the
structural support elements are designed to appear as an integral
part of the overall sign design and concealed such that no angle
iron bracing, guy wires or similar support elements are visible
from a road or lane.
(c)
Freestanding Signs
(i)
The sign area for a single or multi-faceted freestanding sign shall
be the average of the total area of all freestanding sign faces.
(ii)
One (1) freestanding sign per business frontage may be erected on
a site having a minimum business frontage of 15.0 m (49.2 ft.) at
road level.
(iii)
Notwithstanding Subsection (b) above, a maximum of one (1)
freestanding sign may be allowed per site except:
(A)
where a site has more than a 90.0 m (295.3 ft.) frontage,
one (1) additional freestanding sign may be erected at the
discretion of the Development Authority.
(B)
where a site is considered by the Development Authority to
be a double fronting site, each frontage may have
freestanding signs providing that the freestanding signs are
at least 90.0 m (295.3 ft.) apart.
(C)
Additional signs may be allowed at the discretion of the
Development Authority.
(iv)
The total sign area of all freestanding signs on a site shall not
exceed 0.3 m2 (3.2 sq. ft.) in area for each lineal metre of frontage,
to a maximum of 8.4 m2 (90 sq. ft.).
(v)
The maximum height of a freestanding sign shall be 7.0 m (23.0
ft.).
(vi)
Where a freestanding sign and a projecting sign are located along
the same frontage of a site, a minimum distance of 10.0 m
(32.8 ft.) shall be maintained between the signs.
(vii)
Any support structure for a freestanding sign shall be set back a
minimum of 0.3 m (1.0 ft.) from any site line and no part of the
6 | general provisions
freestanding sign itself shall encroach onto or overhang an adjacent
site, road or lane.
(d)
Portable Signs
(i)
Any support structure for a portable sign shall be set back a
minimum of 0.5 m (1.6 ft.) from any site line and no part of a
portable sign shall encroach onto or overhang an adjacent site, road
or lane.
(ii)
No more than one (1) portable sign shall be located on a site.
(iii)
Notwithstanding Subsection (ii) above, one (1) portable sign may
be allowed for each business in a multiple-occupancy development
provided that no portable sign is located closer than 15.0 m (49.2
ft.) to another portable sign.
(iv)
All portable signs shall be double-faced.
(v)
No portable sign shall exceed a height of 2.5 m (8.2 ft.) above
grade.
(vi)
Portable signs shall not be placed on a site so as to conflict with or
take up space for parking, loading, or walkways.
(vii)
Notwithstanding any other provision of this Bylaw to the contrary,
portable signs shall not be allowed in any Residential District.
(e)
Projecting Signs
(i)
No projecting sign shall project over another site, a road, or a lane.
(ii)
A projecting sign shall have a vertical clearance of a minimum of
3.05 m (10 ft.) from grade.
(iii)
No more than one (1) projecting sign of 0.5 m2 (5.4 ft2 in size shall
be allowed for each frontage of a commercial or industrial use.
(iv)
All projecting signs shall be erected in such a manner that the
structural support elements are designed to appear as an integral
part of the overall sign design and concealed such that no angle
iron bracing, guy wires, or similar support elements are visible
from a road.
(f)
Roof Signs
(i)
Roof signs must be manufactured and erected in such a way that
they appear as an architectural feature and they shall be finished in
such a manner that the visual appearance from all sides makes
them appear to be part of the building itself.
(ii)
No supporting structure for a roof sign shall be visible to the public
unless finished in an aesthetically pleasing manner to the
satisfaction of the Development Authority.
(iii)
All roof signs shall be set back a minimum of 1.0 m (3.3 ft.) from
the edge of the building on which the roof sign is located.
general provisions | 6
(g)
Fascia Signs
(i)
The portion of a wall which can be used for or which can be
covered by a wall sign on the front of a building shall be the space
defined by the following lower and upper limits:
(A)
the lower limit of the portion shall be the lower limit of the
lintel or the window head of the first storey, but in no case
lower than 2.4 m (7.9 ft.) above grade,
Figure 20: Fascia Sign placement on a One Storey Building
(B)
in the case of a one storey building, the upper limit of the
portion shall be either:
1.
the roofline of a flat-roofed building, or, where
there is an existing majority of wall signs which
exceed the roofline, the upper limit of such existing
wall signs, or
2.
a maximum of 0.8 m (31.5 inches) above the line of
the eaves, if there is a parapet wall, provided that
the sign does not project above the upper edge of
the parapet, or
6 | general provisions
Figure 21: Example of a Parapet Wall and Eaves
3.
the line of the eaves,
(C)
in the case of a building that is not a one storey building,
the upper limit of the portion shall be the window sill of the
second storey or, in the absence of any windows on the
second storey, 0.8 m (31.5 inches) above the floor elevation
of the second storey.
Figure 22: Fascia Sign Placement on a Two Storey Building
general provisions | 6
(ii)
Notwithstanding Subsection (a) above, a wall sign may be located:
(A)
below the area defined in Subsection (a) above, provided:
1.
the sign consists of individual letters, symbols, or
logos that are directly attached to the building face,
2.
the sign states no more than the name of the
building or the principal tenant of the building, and
3.
the sign area does not exceed 20% of the building
face below the area defined in Subsection (a) above,
(B)
between the second storey window lintel and the third
storey window sill, or, in the case of a two storey building,
between the second storey window lintel and the roof or
parapet, provided:
1.
the sign states no more than the name of the
building or the principal tenant of the building, and
2.
the sign area does not exceed 2.5 m2 (26.9 sq. ft.),
or
(C)
above the third storey window sill, provided:
1.
the sign states no more than the name of the
building or principal tenant of the building, and
2.
there is no more than one (1) sign per building face
above the third storey.
(iii)
A wall sign may be allowed on the side wall of a building facing a
road where a development is located on a corner site provided that
the sign is integrated with the other signage on the building and is
of the same height and width.
(iv)
Any other location for a wall sign shall be at the discretion of the
Development Authority, who shall have consideration for the
aesthetic quality and compatibility of the proposed wall sign with
adjacent developments.
(h)
Inflatable Signs
(i)
A small inflatable style sign can be placed on an approved
temporary sign location, and does not require a development
permit, provided it is, no larger than 5.5 m2 (59.2 sq. ft.) as
applicable.
(ii)
Larger inflatable signs require that a development permit be
applied for, and approval obtained before installation.
(iii)
One inflatable sign may be located on a site and must be tethered
or anchored so that it is touching the ground surface to which it is
anchored.
(iv)
The maximum height of an inflatable sign shall be the allowed
height of a freestanding sign for the site.
(v)
An inflatable sign can only be located on a site twice in a calendar
year and not for longer than 30 consecutive days.
6 | general provisions
(vi)
Inflatable signs cannot be located on the roof of a structure.
(8)
Signs in or Adjacent to Residential Districts
(a)
Except as provided in Subsections (b) and (c) below, no sign shall be
permitted in Residential Districts except for places of worship, schools or
other public institutions.
(b)
An approved major home occupation may display a sign, not larger than
0.2 m2 (2 sq. ft.) in the window of the dwelling.
(c)
An approved bed and breakfast may display a sign, not larger than 0.2 m2
(2.0 sq. ft.). If outside, the sign shall be placed in a location that is
satisfactory to the Development Authority. Alternatively, the sign may be
displayed from inside a window of the dwelling.
(d)
One (1) freestanding sign per site may be allowed for the purpose of
identifying the name of a multi-family dwelling, a manufactured home
park, a neighbourhood, or a subdivision, provided:
(i)
the sign area does not exceed 5.0 m2 (53.8 sq. ft.),
(ii)
the height of the sign does not exceed 2.0 m (6.6 ft.), and
(iii)
the sign is not internally illuminated, though it may be lit from the
front.
(e)
Name or number signs shall have a surface area of no more than 0.3 m2
(3.0 sq. ft.).
(f)
When an illuminated sign is located in a District adjacent to a Residential
District, the illumination from that sign shall be deflected away from the
Residential District.
(g)
When, in the opinion of the Development Authority, a proposed sign in
any District adjacent to a Residential District might be objectionable to a
resident in the Residential District, the Development Authority may
impose such other requirements as they deem necessary, to protect the
amenities of the Residential District.
(9)
Signs Relating to Institutional Uses
In any District where a place of worship or a school or another institutional use is
allowed, one (1) sign of not more than 5.0 m2 (53.8 sq. ft.) in area shall be
allowed to be erected on the site occupied by the place of worship, school, or
other institutional use.
6.16 Site Conditions and Buffering
Requirements
(1)
The proponent for a development may be required to submit a site drainage plan
and/or elevation plan to ensure that finished grades on the site shall prevent
drainage from one site to adjacent sites except where drainage conforms to an
general provisions | 6
acceptable local standard or a subdivision drainage plan.
(2)
The Development Authority may prescribe setback and/or buffering requirements
for uses, which may be physically or visually incompatible with nearby land uses.
(3)
The Development Authority may require or approve screening for uses, which
involve the outdoor storage of goods, machinery, vehicles, building materials,
waste materials, and other similar materials.
(4)
In considering the approval of an application, the Development Authority may
require the retention of trees or additional planting of such type and extent as
considered necessary for the purpose of ensuring buffering, erosion and/or dust
control.
(5)
The County will require Environmental Reserves, an Environmental Reserve
Easement or a combination thereof adjacent to bodies of water and lands
containing significant environmental features.
(6)
The amount of Reserves/Easement lands shall be at the discretion of the County
and the Subdivision Authority who will normally base environmental reserve and
environmental reserve easement requirements on the following:
(a)
The Guidelines for Environmental Reserves and Environmental Reserve
Easements established by Sustainable Resource Development (see
Appendix A); or
(b)
If this reserve/easement amount is disputed by the proponent of a
development or subdivision then the developer may provide the County
and the Subdivision Authority with a biophysical, engineering and/or
geotechnical study which indicates that an alternative reserve/easement
amount is appropriate for the subject site. If the report from the engineer
indicates that a lesser reserve/easement would be suitable and/or provides
mitigation recommendations which, if followed would allow for a lesser
reserve/easement area then the Approving Authority may, at their sole
discretion, approve a subdivision with a lesser reserve/easement area.
(7)
Notwithstanding Subsection (6), additional reserves/easements may be required
by the County based on the recommendations of any engineering and/or
geotechnical study provided for the subject site.
(8)
Normally, no buildings of any kind shall be allowed within required setback areas.
(9)
However, notwithstanding (6) the width of the required development setback shall
be at the sole discretion of the Development Authority who will normally base
setback requirements on the following:
(a)
The Guidelines for Environmental Reserves and Environmental Reserve
Easements established by Sustainable Resource Development (see
Appendix A); or
6 | general provisions
(b)
If this setback amount is disputed by the proponent of a development then
the developer may provide the approving Authority with a biophysical,
engineering and/or geotechnical study which indicates that an alternative
setback amount is appropriate for the subject site. If the report from the
engineer indicates that a lesser setback would be suitable and/or provides
mitigation recommendations which, if followed would allow for a lesser
setback then the Approving Authority may, at their sole discretion,
approve the development with a lesser reserve/easement area.
Figure 23: Setbacks from Watercourses and Water Bodies
(10)
The Development Authority may require the applicant to submit as part of a
development permit application an assessment by a registered professional
engineer practicing in Alberta indicating the stability of the soils and slopes for
the development proposed, and how sufficient stability for the development can
be ensured in order to determine the appropriate setback distance and/or site
specific building requirements.
(11)
If the report from the engineer indicates that a lesser setback would be suitable
and/or provides mitigation recommendations which, if followed would allow for a
lesser setback then the Development Authority may, at their sole discretion,
approve a development with a lesser setback.
general provisions | 6
(12)
If the development is approved with the lesser setback, the Development
Authority may require, as a condition of the approval of the permit, that the
developer construct those works or abide by those conditions necessary to ensure
the stability of the soils and slopes as determined in the assessment.
(13)
If any development is damaged or threatened with damage from flooding from a
water body, a river, creek or watercourse, the landowner will be entirely
responsible for any damage and for any works necessary for protecting the
development from damage.
(14)
If any development is damaged or threatened with damage from erosion or the
effects of erosion, or from flooding or the effects of flooding, whether or not a
development permit has been issued in respect of the development, the landowner
will be entirely responsible for any damage and for any works necessary for
protecting the development from damage.
(15)
The Development Authority will not approve a development permit application
for the development or placement of permanent buildings within the 1:100 year
flood way of any lake, river, creek, watercourse or water body.
(16)
Development shall not be permitted on steep slopes (in excess of 15%), on
unstable slopes or land characterized by soil instability, or on lands exhibiting
evidence of poor drainage or flooding unless it can be demonstrated to the
satisfaction of the Development Authority that unique site requirements warrant
otherwise by providing a geotechnical report provided by a professional engineer
registered in the Province of Alberta.
6.17 Site Protection from Exposure Hazards
(1)
The location of an anhydrous ammonia or liquefied petroleum gas (AA or LPG)
storage tank with a water capacity exceeding 7570.8 litres (2000 gal.) shall be in
accordance with the requirements of the Development Authority but in no case
shall be less than 121.9 m (400 ft.) from adjacent institutional, commercial or
residential uses.
(2)
No anhydrous ammonia (AA) storage shall be permitted within the hamlet
boundaries.
(3)
AA or LPG containers with a water capacity of less than 9,080 L (2,000 gal.) shall
be located in accordance with regulations under the Safety Codes Act.
(4)
Flammable liquids storage tanks at bulk plants or service stations shall be located
in accordance with regulations under the Safety Codes Act.
6 | general provisions
(5)
Setbacks from pipelines and other utility corridors shall be at the discretion of the
Development Authority and be in accordance with all appropriate Provincial
legislation and regulations.
6.18 Sour Gas Facilities
(1)
No development shall be allowed within 100 m (328 ft.) of a Level 1 sour gas
facility (consisting of a well) as determined by Alberta Energy Resources
Conservation Board (ERCB).
(2)
In the case of a Level 2 sour gas facility as determined by the ERCB:
(a)
no permanent dwelling shall be allowed within 100 m (328 ft.) of the sour
gas facility; and
(b)
no institutional use shall be allowed within 500 m (1640 ft.) of the sour
gas facility.
(3)
In the case of Level 3 sour gas facility as determined by the ERCB:
(a)
no permanent dwelling shall be allowed within 100 m (328 ft.) of the sour
gas facility;
(b)
no residential development with a density of more than eight (8) dwelling
units per quarter section shall be allowed within 500 m (1640 ft.) of the
sour gas facility; and
(c)
no institutional use shall be allowed within 1500 m (4921 ft.) of the sour
gas facility.
6.19 Subdivision of Land
(1)
Where the development of land requires a subdivision, no development permit
shall be issued until the proposed subdivision has received tentative approval
from the Subdivision Authority for the County.
(2)
Development agreements shall be required as a condition of approval for
subdivision of land within the County.
(3)
Property taxes must be up to date prior to final endorsement of any subdivision
within the County.
(4)
A Private Sewage Inspection will be required, at no cost to the County, prior to
endorsement of all subdivisions within the County where the site is affected by a
private sewage disposal system.
general provisions | 6
6.20 Water Supply, Sanitary Facilities
and Natural Gas
(1)
All development within the County shall be provided, at no cost to the County,
with sanitary facilities to the satisfaction of the Plumbing and Drainage
Regulations and any other Provincial legislation or regulations.
(2)
A development permit shall not be issued for residential, commercial, industrial or
recreational uses unless the Development Authority is satisfied that water supplies
of sufficient quality and quantity are or will be made available to support the
proposed development.
7.1 Bare Land
Condominiums
7 | Special
Provisions
7 | special provisions
(1)
A Bare Land Condominium development must comply with the County's Bare
Land Condominium Policy, as amended, along with all the general regulations of
this Bylaw, including the regulations of the applicable Land Use District.
(2)
An application for a Bare Land Condominium development shall include a
comprehensive site plan, in accordance with Section 2.4 of this Bylaw.
(3)
For the purposes of this Bylaw, a Bare Land Condominium Plan is a plan of
subdivision and a unit on a Bare Land Condominium Plan is a lot.
7.2 Basic Campgrounds
(1)
Where a campground proposal will ultimately exceed sixty (60) campsites and/or
cabins and is located on a parcel greater than 8.0 ha (19.8 ac), a development
concept plan for the development of the entire tract of land shall be submitted an
approved by the Development Authority prior to submitting a development permit
application for any specific development. The development concept plan shall
include detailed plans and specifications (i.e. servicing, traffic, environmental
considerations, etc.) for the initial stage, as well as any subsequent stages of
development.
(2)
A minimum of 10% of the gross lot area of the campground shall be set aside for a
common recreation area and shall be developed and maintained as a park,
playground or other useable open space. No portion of any other use and/or
facility shall be included in this area.
(3)
Visitor parking shall be provided in common areas within a campground area, to
the satisfaction of the Development Authority.
(4)
All campgrounds shall be provided with safe and convenient vehicular access and
all roadways within a campground shall be of a surface and standard acceptable to
a Development Officer for the purposes of accommodating emergency, fire and
maintenance vehicles.
(5)
Within a campground development, the roadway system will be sensitive to the
topography and site characteristics of the site and shall be "signed" to avoid
confusion.
(6)
All campsites shall be accessible by means of an access at least 3.0 m (9.8 ft.) in
width where the access is for one-way traffic, or at least 6.0 m (19.7 ft.) in width
where the access is for two-way traffic.
(7)
Trees and natural vegetative cover shall not be removed without an approved
development permit or development concept plan. The Development Authority
may prevent the removal of trees or shrubs adjacent to environmentally sensitive
areas.
(8)
Any adjoining residential area(s) shall be screened by a solid fence or year-round
vegetation with a minimum height of 2.0 m (6.6 ft.), to the satisfaction of the
Development Authority.
(9)
Fires shall only be permitted in facilities which have been provided for such
purpose or where open fires are allowed by the County's fire department.
(10)
Fireplaces, fire pits, charcoal and other barbeque equipment, wood burning stoves,
or any other cooking facilities shall be located, constructed, maintained and used
to minimize fire hazard and smoke nuisance in the campground and the
neighbouring properties.
(11)
Fire extinguishers capable of dealing with electrical and wood fires shall be kept
in all service buildings.
(12)
A suitable access and egress shall be provided so that every campground may be
readily serviced in emergency situations. Twenty-four (24) hour emergency
communication service (e.g. telephones) shall be provided.
(13)
Pedestrian walkways having a width of not less than 1.2 m (3.9 ft.) shall be
provided from campground stalls to all service buildings, facilities, refuse
collection areas and recreation areas. The walkways shall be well drained, well
lighted, and the surface shall be constructed to a standard to the satisfaction of the
Development Authority.
(14)
The storage, collection and disposal of solid waste in campgrounds shall be so
conducted as to create no health hazards, rodent harbourage, insect breeding areas,
or accident or fire hazards. Individual or grouped refuse containers must be
screened to the satisfaction of the Development Authority.
(15)
Campgrounds with less than sixty (60) campsites and no permanent cabins shall
be required to provide sewage disposal and water service facilities to the
satisfaction of the Development Authority.
(16)
Campgrounds with more than sixty (60) campsites and with permanent cabins
shall provide on-site services as follows:
(a)
A water supply system shall be provided for each campsite designed to
accommodate the campground user occupying a self-contained
recreational vehicle or a cabin and shall be connected to a community
water supply system. The water system for a campground shall be
constructed to the satisfaction of the County Engineer and the
Development Authority in accordance with all applicable Provincial and
County regulations.
(b)
Alternatively, a campground may provide one or more easily accessible
supply outlets for filling potable water storage tanks. The water supply
outlets shall be located within 100.0 m (328.1 ft.) of the campsites. The
water supply outlets shall be constructed to the satisfaction of the County
Engineer and the Development Authority in accordance with all applicable
7 | special provisions
Provincial and County regulations.
(c)
An adequate and safe sewage disposal system shall be provided in a
campground for each campsite designed to accommodate the campground
user occupying a self-contained vehicle or cabin and shall be connected to
a community sewage system and/or sanitary dumping station, to the
satisfaction of the Development Authority. The sewage disposal system in
a campground shall be constructed to the satisfaction of the County
Engineer and the Development Authority, and shall comply with all
applicable Provincial and County regulations, and shall be maintained to
the standards of the regulatory approvals.
(d)
A campground shall be provided with sanitary dumping stations in the
ration of one for every one hundred recreational vehicle spaces or
fractional part thereof. The sanitary dumping stations shall be designed and
maintained to County regulations and standards to the satisfaction of the
County Engineer and the Development Authority. Each station shall
provide a water outlet, with the necessary appurtenances connected to the
water supply system to permit periodic wash down of the immediate
adjacent areas. A sign shall be posted near the water outlet indicating that
this water is for flushing and cleaning purposes only. Sanitary stations
shall be separated from any campsite or cabin by a distance of not less than
20.0 m (65.6 ft.).
(e)
In no case shall less than one (1) toilet and lavatory be provided for each
sex for every ten (10) campsites.
(17)
Campgrounds, containing campsites, cabins, hotels and/or motels are considered
temporary occupancies, and consequently, the maximum occupancy is two
hundred and forty (240) days per calendar year.
(18)
The minimum size for a campsite shall be:
(a)
10.0 m (32.8 ft,) in width;
(b)
25.0 m (82 ft.) in depth; and
(c)
325.0 m2 (3500 sq. ft.) in area.
(19)
A recreational vehicle/travel trailer on a campsite shall be separated a minimum of
3.0 m (9.8 ft.) from:
(a)
another recreational vehicle/travel trailer on an adjacent site;
(b)
other structures; and
(c)
an interior roadway.
(20)
Each campsite shall provide two parking spaces on the campsite.
(21)
All campsites shall be required to provide an acceptable form of ground cover to
prevent erosion.
7.3 Bed and Breakfast and Guest Ranch
Operations
(1)
A bed and breakfast establishment or a guest ranch, which shall be considered to
be major home occupations, shall, in addition to the regulations for major home
occupations, comply with the following regulations:
(a)
A bed and breakfast establishment or guest ranch shall not change the
principal character or external appearance of the dwelling involved.
(b)
A bed and breakfast establishment shall have a maximum of two (2)
sleeping units.
(c)
A guest ranch shall have a maximum of ten (10) sleeping units.
(d)
Cooking facilities shall not be located within the sleeping units. All
facilities shall meet public health regulations.
(e)
In addition to any other parking requirements of this Bylaw, one (1)
additional off-street parking space shall be provided for each sleeping unit.
(f)
A bed and breakfast establishment or guest ranch shall be operated by a
live-in owner(s) and shall not change the character of the surrounding area.
(2)
Notwithstanding 7.3(1), above, Bed and breakfast establishments and Guest ranch
operations shall not be allowed within the Residential Long Lake District.
7 | special provisions
7.4 Cannabis Production and Distribution
Regulations within this section apply to the production and development of licensed cannabis for
medical and non-medical purposes.
(1)
No cannabis production and distribution development shall be permitted unless all
applicable licensing and approvals have been provided for by the provincial and federal
governments.
(2)
A cannabis production and distribution development shall comply with all Land Use
Bylaw and policy requirements as well as all applicable Federal and Provincial regulations
including:
(a)
The production of cannabis in accordance with the Access to Cannabis for
Medical Purposes Regulations, as amended, or any subsequent legislation that
may be enacted.
(b)
Cannabis production and distribution developments must provide a copy of the
current license(s) for the cannabis production and distribution development as
issued by the provincial and/or federal government to the Development Authority
with the application or as a condition of development permit approval.
(3)
Cannabis production and distribution developments shall meet security and premises
requirements as required under provincial and federal legislation.
(4)
The design of the buildings and the landscaping on the site shall be consistent with the
characteristics and appearance of the surrounding neighbourhood.
(5)
The development shall be designed to minimize any exposure or disturbance to the
surrounding area including, but not limited to, dust, pollution, noise, odour, or any other
related land use nuisance effects.
(6)
No outdoor storage of goods, material, or supplies shall be permitted.
(7)
Garbage containers and waste material shall be contained within an enclosed and locked
building.
(8)
Solid waste material shall be secured in accordance with provincial and federal
regulations until destroyed.
(9)
All activities related to the cannabis production and distribution developments shall
occur within fully enclosed stand-alone building(s), including but not limited to loading,
receiving, and shipping of cannabis and any other goods, materials, and supplies.
(10)
Hours of operation shall be restricted as a condition of the development permit issued by
the Development Authority.
(11)
Cannabis production and distribution development's exterior lighting shall satisfy the
following requirements:
(a)
The illumination of parking areas, walkways, signs, and other structures
associated with cannabis production and distribution development shall be
arranged to meet the requirements under provincial and federal regulations.
(12)
Minimum lot size shall be at the discretion of the Development Authority.
(13)
Minimum setback from any watercourse or water body shall be 30.0 m (98.0 ft.).
(14)
Maximum lot coverage shall be at the discretion of the Development Authority.
(15)
Maximum height of the principle building shall be 10.0 m (32.8 ft.).
7 | special provisions
(16)
A building or structure used for security purposes for a cannabis production and
distribution development may be located in the front yard and must comply with
the required minimum setbacks:
(a)
Minimum side setback: 6.09 m (20.0 ft.) from lot line.
(b)
Minimum rear setback: 7.6 m (25.0 ft.) from lot line.
(17)
On site buffering measures shall be required for all cannabis production and
distribution facilities. Buffers may include a combination of: setbacks,
landscaping, and fencing to mitigate the impacts on adjacent lots.
(18)
Parking and loading requirements for cannabis production and distribution
facilities shall be provided based on this regulation of this Bylaw and any
applicable requirements in provincial and federal regulations, as amended.
The regulations in this section area not exclusive and shall not prevent the
County from exercising any other remedy available under the law, nor shall the
provisions of this section prohibit or restrict other Federal or Provincial law or
policy to be enacted upon.
(Amended as per Bylaw 34-2018)
7.5 Cannabis Retail Sales Establishments
Regulations within this section apply to the retail sale of cannabis
(1)
Cannabis retail sale establishments shall comply with all Land Use Bylaw and
policy requirements as well as all applicable Federal and Provincial regulations
including:
(a)
the production of cannabis in accordance with the Access to Cannabis for
Medical Purposes Regulations, SOR 2016-230, as amended;
(b)
any subsequent legislation or regulations that may be enacted.
(2)
Cannabis retail sale developments shall comply with the following requirements,
in addition to any other municipal or provincial regulations or requirements:
(a)
only facilities licensed by the provincial or federal governments will be
permitted;
(b)
a copy of the license(s) for the cannabis retail sales establishment as issued
by the provincial government shall be provided to the Development
Authority, with the application or as a condition of development
approval.
(3)
Cannabis retail sales establishments shall include suitable landscaping and
parking requirements, as determined by the Development Authority. Parking
shall comply with regulations of this Bylaw and meet all servicing standards of the
municipality.
(4)
The design of the buildings and the landscaping on the site shall be consistent
with the characteristics and appearance of the surrounding neighbourhood.
(5)
Cannabis retail sales establishments shall meet security and premises
requirements as required under provincial and federal legislation.
7 | special provisions
(6)
Solid waste material shall be secured in accordance with provincial and federal
regulations until destroyed.
(7)
Hours of operation shall be restricted as a condition of the development permit issued
by Development Authority.
(8)
A cannabis retail sales establishment's exterior lighting levels shall satisfy the following
requirements:
(a)
The illumination of parking areas, walkways, signs, and other structures
associated with cannabis retail sale development shall be arranged to meet the
requirements under provincial and federal regulations.
(9)
Cannabis retail sales establishments, as defined in this Bylaw, shall have a
separation distance of 100.0 m (328.1 ft.) from the boundary of a site with of a
public education facility, a provincial health care facility, or a parcel of land that
is designated as municipal reserve, school reserve, or municipal and school reserve.
(10)
A public education facility, a provincial health care facility, or a parcel of land that is
designated as municipal reserve, school reserve, or municipal and school reserve shall
not be approved within 100.0 m (328.1ft.) of an approved cannabis retail sales
establishment.
(11)
A site, building or structure established, operated, or maintained as a cannabis retail
sales establishment shall comply with the provisions made for in any applicable
Municipal, Provincial, and Federal regulations as per this Bylaw.
(12)
Applications for subdivision of land for this use shall include the information required
by the Development Authority in Section 2.
These regulations are not exclusive and shall not prevent the municipality from exercising any
other remedy available under the law, nor shall the provisions of this section prohibit or restrict
other Federal or Provincial law or policy to be enacted upon.
(Amended as per Bylaw 34-2018)
7.6 Commercial Development in the Agricultural
(AG) District
(1)
A development permit for a secondary commercial use within the Agricultural
(AG) District may be issued if, in the opinion of the Development Authority, it
will not conflict with surrounding land uses.
(2)
All site regulations and development requirements, including any requirements
for buffers, shall be based upon the type of development and shall be at the
discretion of the Development Authority.
7 | special provisions
(3)
At the time of the development permit application, the proponent of a commercial
development shall identify all municipal servicing costs associated with the
proposed development.
7.7 Confined Feeding Operations and
Manure Storage Facilities
(1)
Confined feeding operations and manure storage facilities for which an approval
or a registration is required pursuant to the Agricultural Operations Act are not
regulated by this Bylaw. Please refer to the Agricultural Operations Act and the
Regulations under the Agricultural Operations Act for these developments.
7.8 Crime Prevention Through Environmental
Design
(1)
During the review of a development permit application, the Development
Authority may consider the following Crime Prevention Through Environmental
Design (CPTED) principles, and make recommendations for the proposed
development:
(a)
the reduction of concealment opportunities;
(b)
the provision of lighting to minimize unlit areas;
(c)
the placement of windows to maximize informal surveillance; and
(d)
easily-identified street addresses.
7.9 Day Use and Picnic Areas
(1)
A sufficient number of picnic tables, fire pits and garbage cans shall be provided
to accommodate the design capacity of the site. Exact numbers of such facilities
shall be at the discretion of the Development Authority.
(2)
Day use and picnic facilities shall be designed and landscaped in order to
minimize disturbance to the natural environment and to protect heavy use areas
from damage.
(3)
Where the day use area directly adjoins a residential development, adequate
screening or fencing, to the satisfaction of the Development Authority, will be
required between the uses.
7 | special provisions
(4)
Parking areas should be physically separated from the rest of the day use or picnic
areas by landscaping or natural vegetation buffers.
7.10 Fences, Walls and Hedges
(1)
Notwithstanding any regulation respecting required yards to the contrary in this
Bylaw, a fence or hedge may be constructed along a boundary line of a lot.
(2)
No fence, wall or hedge in any Residential District shall be:
(a)
Higher than 2.0 m (6.5 ft.) in side yards and rear yards, such height to be
measured as the average elevation from the ground at the fence or wall
unless otherwise provided in this Bylaw; or
(b)
Higher than 1.0 m (3.3 ft.) in front yards, except in the case of a corner lot,
the side yard adjacent to the road shall be deemed to be a front yard for the
purpose of this subsection; or
(c)
Higher than 1.0 m (3. 3 ft.) within 6.10 m (20.0 ft.) of the intersection of
lanes, roads, or any combination of them.
Figure 24: Maximum fence heights in residential yards
(3)
All apartment or row housing developments shall provide, to the satisfaction of
the Development Authority, a wall, hedge or wooden fence of not less than 1.22 m
7 | special provisions
(4.0 ft.) nor more than 2.0 m (6.5 ft.) in height, along any side or rear lines
adjacent to any residential use.
(4)
All drive-in businesses, car washing establishments, service stations and gas bars
shall provide, to the satisfaction of the Development Authority, solid fences of not
less than 1.22 m (4.0 ft.) in height nor more than 2.0 m (6.5 ft.) in height, along
any side or rear property lines adjacent to any residential district.
(5)
All other commercial developments shall provide, to the satisfaction of the
Development Authority, a wooden fence of not more than 2.0 m (6.5 ft.) in height
along any side or rear lines adjacent to any residential district.
(6)
Neither razor wire nor barbed wire shall be allowed within Residential Districts.
(7)
Razor wire shall not be used in the municipality without a development permit
having been issued to allow its use.
(8)
Other than in the Agricultural (AG) District, barbed wire shall be used as a
fencing material only if a development permit has been issued to allow its use.
7.11 Garage Suites
(1)
A garage suite shall be restricted to a site occupied by a single detached dwelling.
(2)
Notwithstanding any other provision in this Section, a garage suite may be
allowed prior to the construction of a single detached dwelling on parcels within
the Agricultural (AG) District where a development permit has previously been
issued for the single detached dwelling.
(3)
A garage suite shall not be constructed on a lot with a Duplex, Row housing or
Apartment housing.
(4)
A maximum of one (1) garage suite shall be permitted on any single detached
dwelling lot.
(5)
A garage suite shall remain accessory to and subordinate to the main dwelling and
shall not exceed 80.0 m2 (860.0 sq. ft.).
(6)
A garage suite shall remain accessory to and subordinate to the use of the garage
and the floor areas of the garage suite.
(7)
The minimum floor area for an at-grade garage suite is 30.0 m2 (322.9 sq. ft.).
(8)
The minimum floor area for an above-grade suite is 30.0 m2 (322.9 sq. ft.).
7 | special provisions
(9)
Shared mechanical rooms and common areas shall be excluded from the floor
area calculation of the garage suite.
(10)
A garage suite includes, but is not limited to, a food preparation area,
counter/cupboard space, sink, refrigerator, stove or provision of 220 volt wiring
and toilet and bathing facilities.
(11)
A garage suite shall have an entrance separate from the entrance to the garage,
either from a common indoor landing or directly from the exterior of the structure.
(12)
At-grade garage suites shall be a maximum height of 4.5 m (14.8 ft.).
(13)
Above-grade garage suites shall be a maximum height of 5.5 m (18.0 ft.) for
suites with a flat roof, and 7.3 m (24.0 ft.) for suites with a sloped roof, provided
that the maximum height is not higher than the height of the main dwelling.
(14)
A minimum of three (3) on-site parking spaces shall be required for lots with
approved garage suite development. Tandem parking may be permitted at the
discretion of the Development Authority.
7.12 Home Occupations
(1)
All development permits issued for home occupations shall be revocable at any
time by the Development Authority, if, in his/her opinion, the use is or has
become detrimental to the amenities of the neighbourhood in which it is located.
(2)
A permit issued for a home occupation is valid for one year or longer as
determined by the Development Authority. It is the obligation of the developer to
seek renewal of a development permit prior to the expiry of the time period for
which the initial permit was issued. The Development Authority shall consider the
renewal on its merits.
(3)
A stop order may be issued at any time if, in the opinion of the Development
Authority, the operator of the home occupation has violated any provision of this
Bylaw or conditions of the approval of the development permit.
(4)
General Regulations
All home occupations shall comply with the following requirements;
(a)
In addition to a development permit application, each application for a
home occupation shall be accompanied by a description of the business to
be undertaken in the dwelling, an indication of the anticipated number of
7 | special provisions
business visits per week, and details for the provision of parking along
with other pertinent details of the business operation.
(b)
When a development permit is issued for a home occupation, such permit
shall be terminated should the applicant vacate the property for which the
permit has been issued.
(c)
Home occupations shall not involve:
(i)
activities that use or store hazardous material in quantities
exceeding those found in a normal household; or
(ii)
any use that would, in the opinion of the Development Authority,
materially interfere with or affect the use, enjoyment or value of
neighbouring properties.
(d)
No offensive noise, vibration, smoke, dust, odour, heat, glare, electrical or
radio disturbance detectable beyond the boundary of the lot on which the
home occupation is located shall be produced by the home occupation.
(e)
There shall be no exterior signage, display or advertisement other than a
business identification sign which shall not exceed 1.0 m2 (10.8 sq. ft.) in
size unless otherwise granted in a separate development permit.
(f)
In the Residential Districts, no more than one (1) commercial vehicle, up
to the size of a tandem truck, to be used in conjunction with the home
occupation, shall be parked on the site. The parking space for the
commercial vehicle shall be either within a garage or adequately screened
and sited behind the main building to the satisfaction of the Development
Authority.
(g)
In the Agricultural (AG) District, not more than four (4) commercial
vehicles, each with one (1) accessory trailer, to be used in conjunction with
a major home occupation, shall be parked or maintained on the site.
(5)
Additional Regulations Affecting Minor Home Occupations
In addition to the requirements of subsection (4) above, a minor home occupation
shall comply with the following regulations:
(a)
A minor home occupation shall not occupy more than 20% of the gross
floor area or 30 m2 (323 sq. ft.) of the main building, whichever is greater.
(b)
Except in the Agricultural (AG) District, there shall be no outdoor business
activity or outdoor storage of material or equipment associated with the
minor home occupation allowed on the site. Storage related to the minor
home occupation shall be allowed in either the dwelling or accessory
buildings.
(c)
Up to five (5) business visits per day are allowed.
(d)
Exterior alterations or additions to accommodate a minor home occupation
shall not be allowed.
(e)
A minor home occupation shall not employ any person on-site other than
the occupants of the dwelling.
7 | special provisions
(6)
Additional Regulations Affecting Major Home Occupations
In addition to the requirements of subsection (4) above, a major home occupation
shall comply with the following regulations:
(a)
The number of non-resident employees working on-site shall not exceed
two (2).
(b)
Up to ten (10) business visits per day are allowed in the Agricultural (AG)
District. In all other Districts, up to eight (8) business visits per day are
allowed.
(c)
Any interior or exterior alterations or additions to accommodate a major
home occupation may be allowed at the discretion of the Development
Authority, as long as such alterations comply with this Bylaw and the
Alberta Safety Codes thereunder.
7.13 Industrial Developments
(1)
The Development Authority may request advisory comment from various
departments within the Provincial and Federal Government and/or from the
Health Authority, when considering an application for the establishment of an
industrial use.
(2)
All site regulations and development requirements, including any requirement for
buffers, shall be based upon the type of industrial development proposed and shall
be at the discretion of the Development Authority.
(3)
A development permit for an industrial use may only be issued if, in the opinion
of the Development Authority, the applicant can satisfy the Development
Authority with respect to any concerns about:
(a)
The type and level of exhaust that may be emitted into the atmosphere by
the proposed development;
(b)
Servicing requirements and provisions for meeting them; and
(c)
Any costs associated with providing new or upgraded municipal services
associated with the proposed development.
7.14 In-Law Suites
(1)
An in-law suite shall be restricted to a site occupied by a single detached dwelling
or a duplex.
(2)
An in-law suite is prohibited from being constructed within a multi-attached
dwelling or apartment housing.
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(3)
A maximum of one in-law suite shall be permitted on any single detached
dwelling of semi-detached dwelling lot.
(4)
An in-law suite shall remain accessory to and subordinate to the main dwelling
and shall not exceed 80.0 m2 (860.0 sq. ft.).
(5)
Shared mechanical rooms and common areas shall be excluded from the floor area
calculation of the in-law suite.
(6)
An in-law suite includes, but is not limited to, a food preparation area,
counter/cupboard space, sink, refrigerator, stove or provision of 220 volt wiring
and toilet with bathing facilities.
(7)
An in-law suite does not have an entrance separate from the entrance to the main
dwelling.
(8)
The minimum floor area for an in-law suite is 30.0 m2 (322.9 sq. ft.).
7.15 Manufactured Home Parks
(1)
Manufactured home stalls shall be located minimum of 3.0 m (10.0 ft.) from the
manufactured home park boundary. The setback strip shall be landscaped and/or
fenced to the satisfaction of the Development Authority.
(2)
The minimum size for a manufactured home stall shall be 464.5 m2 (5000.0 sq.
ft.).
(3)
All roads shall be constructed and maintained to the satisfaction of the
Development Authority. The minimum road right-of-way width shall be 9.14 m
(30.0 ft.).
(4)
There shall be safe, convenient, all-season pedestrian access of not less than 1.0 m
(3.3 ft.) in width for the intended use between individual manufactured homes, the
park streets and all community facilities provided for park residents.
(5)
Visitor parking spaces shall be provided as required by the Development
Authority, and shall not be used for the storage of boats, recreational vehicles,
trailers, etc.
(6)
Two (2) off-street parking spaces shall be provided on or adjacent to each
recreational space as required by the Development Authority.
(7)
A minimum of 10% of the gross site area shall be devoted to recreational use or
recreational space as required by the Development Authority.
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(8)
All areas not occupied by manufactured homes and their additions, internal roads,
footpaths, driveways, permanent buildings and any other developed facilities,
shall be fully landscaped to the satisfaction of the Development Authority. Screen
fences or walls shall be erected where deemed necessary by the Development
Authority around laundry yards, refuse collection points and playgrounds.
(9)
No part of the park shall be used for non-residential purposes except such uses as
are required for the direct servicing and well-being of the park resident and for the
management and maintenance of the park.
(10)
Each manufactured home stall shall be clearly marked off by means of stakes,
countersunk steel posts, fences, curbs or hedges.
(11)
Street lighting shall be to the same standard as that in a conventional residential
neighbourhood.
(12)
Manufactured homes shall be separated from each other by at least 6.10 m (20.0
ft.) side-to-side and at least 3.05 m (10.0 ft.) from either front or rear stall line,
provided further that any porch or addition to the manufactured home is regarded
as part of the manufactured home for the purpose of spacing. Notwithstanding the
above, the minimum side yard requirement shall be 3.05 m (10.0 ft.).
(13)
The minimum site area shall be 2.02 ha (5.0 ac).
(14)
The maximum permissible density shall be fifteen (15) manufactured home
spaces per gross developable hectare (6 per acre) of the area actually being
developed at each stage of the development.
7.16 Manufactured Homes
(1)
Before a development permit is issued for a manufactured home, the Development
Authority shall normally receive verification that the home fully complies with
both the CSA Z240 MH National Manufactured Home Standard and the Alberta
Building Code (ABC). If the CSA Z240 sticker or the Alberta Municipal Affairs
sticker verifying compliance to the ABC is missing, the Development Authority
may require an inspection by an Alberta Safety Codes Officer or structural
engineer certified to conduct such inspection.
(2)
Should an inspection by an Alberta Safety Codes officer be required, and should
the inspection indicate that upgrades to the manufactured home are necessary to
bring the home into compliance with the CSA Z240 standard or the ABC, all
required upgrades shall be made before the issuance of a development permit.
(3)
In addition to the requirements of subsection (1), a manufactured home located
within a residential District must meet the following aesthetic regulations:
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(a)
The height of the main floor above grade shall be consistent with the
height of the main floor of dwellings in the immediate and general area.
(b)
The roof pitch shall be consistent with the roof pitch of dwellings in the
immediate and general area.
(c)
Exterior finishing materials used on the roof and exterior walls shall be
consistent with the materials used on dwellings in the immediate and
general area and in good condition.
(d)
Minimum roof overhang or eaves should be consistent with the overhang
or eaves of dwellings in the immediate or general area.
(e)
The design of each manufactured home shall ensure the side or end facing
the street on which the home fronts contains a prominently placed front
door, and windows in quantity and size that are consistent with dwellings
in the immediate area.
(f)
Every manufactured home shall be placed on a full perimeter foundation
that complies with the Alberta Building Code unless the manufactured
home is designed to be supported on longitudinal floor beams, in which
case an alternate skirted foundation system as described in CSA Z240.10.1
may be employed.
(g)
The full perimeter foundation or the skirting material utilized on an
alternative skirting foundation should be parged in order create the same
finished appearance customarily found on concrete basements of single
detached dwellings in the immediate and general area.
(h)
All accessory structures, such as patios, porches, additions and skirting,
shall be:
(a)
factory-prefabricated units or the equivalent thereof, and so
designed and erected as to harmonize with the manufactured
homes, and
(b)
considered as part of the main building; and
(c)
erected only after obtaining a development permit.
(i)
The floor area of porches and additions shall be proportionate to the floor
area of the manufactured home unit and this relationship shall be
determined by the Development Authority.
(j)
No accessory building, use or parking space shall be located in the front
yard of a manufactured home use.
(k)
For the purposes of storage, any furniture, domestic equipment or
seasonally used equipment shall be stored in adequate covered storage or
screening either individually on the lot or communally, and shall conform
to the Alberta Building Codes (ABC) standards.
(l)
The following regulations also apply to manufactured home uses located in
residential subdivisions and manufactured home parks:
(a)
The hitch and wheels are to be removed from the manufactured
home.
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(b)
All manufactured homes shall be placed on a foundation or base.
The manufactured home is to be attached by means of bolting or
otherwise to the foundation or base.
(c)
The property is to be grassed and landscaped within one (1) year
from the date of issue of the development permit.
(d)
Minimum lot area and width may be less in the case of existing
registered substandard lots, with the approval of the Development
Authority.
(4)
Any required aesthetic upgrades to the manufactured home must be completed
before the issuance of the development permit. The completion of foundation or
skirting material must be completed within thirty (30) days of the placement of the
manufactured home on a site.
(5)
In the Agricultural (AG) District all accessory structures, such as patios, porches,
additions and skirtings shall be:
(a)
factory pre-fabricated units or the equivalent thereof, and so designed and
erected as to harmonize with the manufactured home units;
(b)
considered as part of the main building; and
(c)
erected only after obtaining a development permit.
(6)
In the Agricultural (AG) District the following regulations also apply to
manufactured homes:
(a)
The hitch and wheels are to be removed from the manufactured home.
(b)
All manufactured homes shall be placed on a full perimeter foundation that
complies with the Alberta Building Code unless the manufactured home is
designed to be supported on longitudinal floor beams, in which case an
alternate skirted foundation system as described in CSA Z240.10.1 may be
employed; and
(c)
The full perimeter foundation or the skirting material utilized on an
alternative skirting foundation should be parged in order create the same
finished appearance customarily found on concrete basements of single
detached dwellings in the immediate and general area.
(7)
With the exception of driveways, no accessory building or use shall be located in
the front yard of a manufactured home park or any residential District.
7.17 Motels
(1)
A person applying to develop a site as a motel where permitted under this Bylaw
shall comply with the following provisions of this section.
(2)
Site Requirements for Motels
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MINIMUM SITE AREA
YARDS
MINIMUM FLOOR
AREA / UNIT
One Storey
139.3 sq. m (1500 sq. ft.)
Front 7.6 m (25 ft.)
26.4 sq. m. (285 sq. ft.)
Side 3 m (10 ft.)
Rear 3 m (10 ft.)
Two Storey
93 sq. m (1000 sq. ft.) per floor
Front 7.6 m (25 ft.)
26.4 sq. m (285 sq. ft.)
Side 3 m (10 ft.)
Rear 3 m (10 ft.)
Table 7: Site Requirements for Motels
(3)
Space Between Buildings
Except in the case of rentable units and any other buildings where connected by a
continuous roof to form a shelter for motor vehicles, not less than 3.6 m (12.0 ft.)
of clear and unoccupied space shall be provided between each rentable unit and
any other building on the site.
(4)
Driveways
Each rentable unit shall face onto or abut a driveway not less than 6 m (20 ft.) in
width and shall have unobstructed access thereto.
(5)
Entrances and Exits
Not more than two (2) motor vehicle accesses, each with a minimum of width of
7.5 m (25 ft.) and a maximum width of 12 m (40 ft.) shall be permitted.
(6)
Maintenance of Site and Buildings and Business
The owner, tenant, operator or person in charge of a motel shall at all times:
(a)
Maintain the site and the buildings, structure and improvements thereon in
a clean, neat, tidy and attractive condition and free from all rubbish and
debris.
(b)
Maintain refuse and/or incineration facilities to the satisfaction of the
Development Authority.
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(c)
Maintain an appropriate fence where required, no less than 0.9 m (3 ft.) in
height around the boundaries of the site and shall landscape and keep the
site landscaped, to the satisfaction of the Development Authority.
7.18 Multi-Dwelling Developments
(1)
The following application procedure applies to apartments and duplex
development:
(a)
Before any development permit application can be considered by the
Development Authority, the applicant must submit:
(i)
design plans and working drawings including elevations which
have been done or endorsed by a registered architect;
(ii)
site plans showing the proposed:
(A)
location and position of structures on the site, including any
"For Rent" or identification signs;
(B)
location and number of parking spaces, exits, accesses and
drives from public roads;
(C)
location of an access to refuse storage areas and incinerators
and the fencing and landscaping of such facilities; and
(D)
landscaping plan of the entire site which shall show
intended surfacing for drives and parking areas.
(b)
The plans identified above will append the application and, once approved,
shall be deemed conditions of approval. The Development Authority may
require a performance bond from the developer if deemed necessary.
7.19 Natural Resource Extraction Industries
(1)
A development permit will be required for natural resource extraction
developments including but not limited to: borrow pits, sand, gravel, clay, top soil,
gypsum, granite, peat, salt or any other mineral extraction operation.
(2)
A development permit shall not be issued for a sand, gravel, clay, coal, limestone,
gypsum, granite, peat, salt or a mineral extraction operation until any necessary
reclamation plan and permit/license is approved by the Provincial Government.
(3)
Where not required to do so by Provincial agencies, the proponent of a natural
resource extraction industry shall be required to submit a reclamation plan to the
Development Authority for their approval prior to the issuance of a development
permit.
(4)
Where not required to do so by the Province, the proponent of a natural resource
extraction industry shall, at the discretion of the Development Authority, be
7 | special provisions
required to post with the County security in the form of either cash or an
irrevocable letter of credit to ensure that reclamation will be completed.
(5)
A disturbed area shall be reclaimed to:
(a)
at least its former capability for agriculture; or
(b)
any other use which the Development Authority feels will be beneficial to
the County.
(6)
The following conditions of approval may be included when processing an
application for a natural resource extraction industry:
(a)
limitation of hours of operation;
(b)
requirement to enter into a Road Use Agreement with the County for the
provision of dust control and maintenance/upgrading of roads used in
direct relation to the operation;
(c)
posting of adequate signage, including company name and emergency
telephone numbers, to warn of possible site or operational hazards and
dangers;
(d)
methods of minimizing noise in relation to the activities of the operation;
and
(e)
payment of an aggregate levy to the County as outlined by the County's
Community Aggregate Payment Levy Bylaw.
(7)
Extraction operations, such as sand, gravel and other mineral resource workings
shall be permitted to proceed only after the issuance of proper licenses that
indicate compliance with the appropriate Provincial and Federal legislation and
regulations.
(8)
The County shall discourage residential, commercial or industrial development to
occur on known commercial deposits of sand and gravel or other mineral
resources if that development will prevent the future extraction of the resource.
(9)
Council shall urge the Provincial and Federal agencies to comply with the policies
of this section and the overall intent of the County's statutory plans when
developing natural resource extraction activities that are exempt from County
control under the Municipal Government Act.
(10)
Resource processing should be handled as a form of industrial development, and
be subject to the industrial regulations contained in Section 7.10 of this Bylaw.
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7.20 Pet Keeping and Animal Breeding and/or
Boarding Facilities
(1)
No fur bearing animals, fowl or livestock other than small domestic pets such as
cats and dogs may be permitted within the Residential Districts.
(2)
No livestock, whether or not the keeping of such livestock is considered to be a
confined feeding operation for which neither an approval nor a registration is
required pursuant to the Agricultural Operations Practices Act, other than small
domestic pets such as cats and dogs, may be allowed in any Residential District.
(3)
The keeping of more than three (3) dogs on any lot, whether the dogs are being
bred or boarded, shall be allowed at the discretion of the Development Authority
only in those Districts where animal breeding and/or boarding facilities are listed
as discretionary use in this Bylaw.
(4)
The maximum number of dogs to be kept on-site in each of the above Districts
shall be in accordance with the Animal Control Bylaw.
(5)
In determining the number of dogs, pups less than six (6) months of age shall not
be included.
(6)
For animal breeding and/or boarding facilities, an exercise area shall be provided
for each dog as follows:
(a)
breeds weighing 16 kg (35 lbs.) or less - at least 2.3 m2 (25.0 sq. ft.) per
dog; and
(b)
breeds weighing more than 16 kg (35 lbs.) - at least 4.6 m2 (50.0 sq. ft.)
per dog.
(7)
No building or exterior exercise area to be used to accommodate dogs shall be
allowed within 25.0 m (82.0 ft.) of any lot line of the lot for which an application
is made.
(8)
No building or exterior exercise area to be used to accommodate dogs shall be
allowed within 300 m (1000 ft.) of any dwelling located on adjacent lots.
(9)
All exterior exercise areas (runs) shall be enclosed with an acceptable fence with a
minimum height of 2.0 m (6.5 ft.).
(10)
All dogs in animal breeding and/or boarding facilities shall be kept within
buildings or a fenced area at all times when not leashed.
7 | special provisions
(11)
All dog facilities shall be cleaned on a daily basis, and all feces shall be stored in
an enclosed container and disposed of in a sanitary manner.
(12)
Pens, rooms, exercise runs and holding stalls shall be soundproofed where
possible to the satisfaction of the Development Authority.
(13)
A separate air extractor system shall be provided in the animal shelter or holding
area where heating and air conditioning is necessary.
(14)
All facilities and operations shall be in compliance with applicable Provincial
regulations.
(15)
All development permits issued for animal breeding and/or boarding facilities
shall be subject to cancellation if any of the above requirements, or any other
condition of the development permit, is not adhered to.
7.21 Places of Worship
(1)
The site on which a place of worship is situated shall have a frontage of not less
than 30.0 m (98.4 ft.) and an area of not less than 930 m2 (10,010 sq. ft.) except in
the case where a building for a clergyperson's residence is to be erected on the
same site. The combined area of the site in this case shall not be less than 1400.0
m2 (15,069.5 sq. ft.).
(2)
Front, side and rear yards shall be those permitted within the district in which the
place of worship site is located.
7.22 Recreational Uses
(1)
Recreational development shall be required to:
(a)
maintain an open space buffer of sufficient size and composition to act as a
visual and noise barrier from adjacent uses which may be incompatible;
and
(b)
install, when necessary, adequate on-site water supply and sewage disposal
systems which have been approved by the authority having jurisdiction.
7.23 Recreational Vehicle Campgrounds
In addition to the requirements of Section 7.2, Recreational Vehicle Campgrounds shall
comply with the following regulations:
(1)
Development of roads, facilities and recreational vehicle sites shall occupy no
7 | special provisions
more than two-thirds of the proposed site, leaving a minimum of one-third of the
site in its natural state (or landscaping one-third to the satisfaction of the Development
Authority).
(2)
Recreational Vehicle Campgrounds should be designed and landscaped to
minimize disturbance to the natural environment and to protect heavy use areas
from damage.
(3)
The entire site design shall be at the discretion of the Development Authority.
(4)
Where the campground directly adjoins a residential area, adequate screening or
fencing shall be provided, to the satisfaction of the Development Authority.
(5)
A sufficient number of picnic tables, fire pits and refuse facilities shall be
provided to accommodate the design capacity of the campground. Exact numbers
shall be at the discretion of the Development Authority.
(6)
On recreational vehicle campgrounds located next to a lake, if boat launching and
swimming facilities are not provided, alternative locations for the same should be
indicated on a map or sign on the site.
(7)
An adequate potable water supply and sewage disposal facilities shall be
provided, in accordance with Provincial regulations and/or the Alberta Safety
Codes Act, as applicable.
(8)
A portion of the campsites should be serviced by electrical, water or sewage
disposal hookups.
(9)
Each recreational vehicle parking stall shall be a minimum width of 10.0 m (32.8
ft.) and a minimum area of 250.0 m2 (2691.0 sq. ft.).
(10)
As a condition of approval, the Development Authority shall require the developer
to obtain any necessary permits and approvals from all regulatory authorities and
agencies having jurisdiction, including any necessary approvals pursuant to the
Alberta Safety Codes Act that may be applicable.
(11)
As a condition of approval, the Development Authority may require that the
developer construct, upgrade, or pay to construct or upgrade any necessary
municipal infrastructure to service the development, including county roads, water
and waste water infrastructure, and solid waste management facilities, either on-
and/or off-site of the development.
(12)
All internal roads shall be the responsibility of the Developer for both
construction and future maintenance. Also, internal roads shall have a minimum
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of a 6.0 m (20.0 ft.) usable top, except for one-way roads, which shall have a
minimum of a 3.7 m (12.0 ft.) usable top.
7.24 Recreational Vehicles
(1)
The year-round placement of one (1) recreational vehicle on a parcel in Multi-lot
Country Residential (CR), Residential (R1A, R1B, and R2), and Long Lake
Residential (LR), and Residential Cluster Conversion (RCC) Districts shall be
allowed without a development permit.
(2)
The year-round placement of two (2) recreational vehicles on a parcel in the
Agricultural (AG) District shall be allowed without a development permit.
(3)
Notwithstanding subsections (1) and (2) above, a development permit may be
approved, at the discretion of the Development Authority, for up to one (1)
additional recreational vehicle on an annual basis.
(4)
Additional recreational vehicles shall be permitted within the Multi-lot Country
Residential (CR), Residential (R1A, R1B, and R2), Long Lake Residential (LR),
Agricultural (AG) and Residential Cluster Conversion (RCC) Districts for a
maximum of four (4) consecutive days.
(5)
No recreational vehicle shall be permanently connected to any utility or municipal
service, such as power, gas, water supply or sanitary sewage disposal facilities
unless the recreational vehicle is located in an approved recreational vehicle park.
7.25 Recreational Vehicles Located in
Recreational Vehicle Campgrounds
(1)
No recreational vehicle, whether located within a recreational vehicle park or on a
lot, may have associated with it any more than two (2) accessory structures,
buildings or other paraphernalia, in addition to fences, benches, fire pits and
picnic tables. A small shed with a maximum size of 18.58 m2 (200 sq. ft.) and a
screened or roofed patio around or beside the recreational vehicle is permitted.
(2)
Except for a recreational vehicle on a lot, the total gross floor area or ground area
covered by all accessory structures, buildings or other paraphernalia (other than
those indicated in subsection (1) shall not exceed 50% of the lot size.
7 | special provisions
7.26 Relocation of Buildings Other Than
Manufactured Homes
(1)
No person shall alter the location on a parcel of a building already constructed on
that parcel, unless a development permit has been issued.
(2)
No person shall place on a parcel of land a building formerly erected or placed on
a different parcel, including portable pre-fabricated buildings, without an
approved development permit.
(3)
Any application for a "moved-in building" considered by the Development
Authority shall:
(a)
be accompanied by recent colour photographs of the structure; and
(b)
indicate if the building will meet current requirements of the Alberta
Building Code (ABC), and if it does not, how the building will be brought
up to these requirements; and
(c)
meet all other requirements or conditions as required by the Development
Authority.
(4)
The Development Authority may, at his/her discretion, require, prior to the
approval of a development permit for a relocated building, that an inspection of
the proposed relocated building be completed by the Development Authority or a
designated officer to determine its suitability for relocation in the County.
7.27 Residential Cluster Conservation
Design Requirements
(1)
A land suitability analysis (LSA) of the proposed development site which
illustrates:
(a)
Primary Conservation areas;
(b)
Secondary Conservation areas;
(c)
Low priority Conservation areas; and
(d)
Open Space areas;
must be included with all Area Structure Plans and Development Concept Plans
for Multi-lot Residential (Cluster) Conservation Developments if the proposed
development would exceed the maximum density of 1.54 dwellings per net ha
(0.6 dwellings per net acre) or where the development proposed is:
(i)
not located within a Hamlet area; and
(ii)
the developer proposed lots which are smaller than 0.3 ha (0.74 ac) in area.
The purpose of the LSA is to ensure that important site features have been
identified and that the open space proposed will meet the open space requirements
of these policies.
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(2)
The LSA shall include information about:
(a)
site and property boundaries;
(b)
all streams, rivers, lakes, wetlands and other hydrogeological features
(including seasonal water flows and ponding areas) within and adjacent to
the site;
(c)
topographic contours of no less than 3.0 m (9.8 ft.) intervals;
(d)
all environmentally sensitive areas identified by Alberta Environment and
Parks;
(e)
general vegetation characteristics;
(f)
soil drainage;
(g)
soils information including farmland assessment information and soil
suitability for private sewage disposal;
(h)
existing roads and road structures; and
(i)
potential connections of open space, green spaces and trails.
This information shall be used to determine Primary, Secondary and Low Priority
Conservation areas.
(3)
Normally, at least 50% of the gross developable area shall be left as open space in
cluster residential developments. However, at the discretion of the Development
Authority and the Subdivision Authority, this percentage may be reduced based
on the results of the biophysical analysis submitted with the application.
(4)
The location and percentage of open space in the development must be illustrated
on the development concept.
(5)
The following are considered Primary Conservation areas, and must be included
within Open Space areas:
(a)
the 1:100 year floodplain;
(b)
water features and buffer zones which meet the minimum ER width
requirements identified in the Sustainable Resource Development
Guidelines for Minimum Environmental Reserve/Easement Width (see
Appendix A);
(c)
slopes greater than 15%;
(d)
populations of endangered or threatened species, or habitat for such
species;
(e)
hazard lands and the environmental reserve modifier areas identified in the
Sustainable Resource Development Guidelines for Minimum
Environmental Reserve/Easement Width (see Appendix A);
(f)
environmentally sensitive areas (ESAs), as identified by Alberta
Environment and Parks; and
(g)
Heritage resources such as municipally, provincially and nationally
identified heritage sites as well as archaeological sites, cemeteries, burial
grounds and other historically significant sites.
7 | special provisions
(6)
The following are considered Secondary Conservation areas, and may be included
within open space areas:
(a)
existing healthy, native forests of at least 0.4 ha (10.0 ac) contiguous area;
(b)
other significant natural features and scenic view sheds such as water
bodies, ridge lines, peaks and rock outcroppings, particularly those that can
be seen from public roads or public properties;
(c)
agricultural lands with a farmland assessment ration of 55% or great of at
least 2.0 ha (5.0 ac) contiguous area; and
(d)
existing trails that connect neighbouring areas.
(7)
All remaining lands will be considered Low Priority Conservation areas. These
areas are not required to be included within the Open Space areas.
(8)
If the entire site of a development proposal is identified as low priority
conservation area, development should be directed to previously cleared and/or
disturbed areas.
(9)
The following uses are suitable for Open Space areas:
(a)
conservation of natural, archaeological or historical resources;
(b)
conservation of meadows, woodlands, wetlands, wildlife corridors, game
preserves, or similar conservation-oriented uses;
(c)
walking or bicycle trails, provided they are constructed of porous paving
and pervious materials;
(d)
passive recreation such as open fields;
(e)
active recreation;
(f)
agriculture, horticulture or pasture uses, provided that all applicable best
management practices are used to minimize environmental impacts, and
such activities are not conducted within Primary Conservation areas;
(g)
non-structural storm water management practices and structural storm
water management practices that allow for filtered groundwater;
(h)
sewage disposal fields comprised of single or multiple septic tanks;
(i)
enclosed sewage treatment facilities; and
(j)
easements for drainage, access and underground utility lines.
(10)
The Development Concept Plan for a residential conservation development shall
include an Open Space Management Plan. The open space can be managed in a
number of ways, including, but not limited to:
(a)
municipal ownership (in Municipal and/or Environmental Reserve
parcels);
(b)
as common unit (or units) within a bare land condominium plan; or
(c)
as a commonly owned unit, provided that a conservation easement is
placed on the lands.
7 | special provisions
(11)
The Development Concept Plan will clearly indicate who shall be responsible for
maintaining and managing the Open Space areas and how funding for the
maintenance and management shall be collected, including any legal
instrumentation of such responsibilities and funding. The Plan will also indicate
how, if the maintenance and/or management of the Open Space areas becomes
neglected and/or if funding provisions cannot be enforced, the County shall
assume responsibility for maintenance and management of the Open Space areas,
and further, how the costs of such maintenance and management, including
administrative costs, interest and penalties, will be charged back against the
landowners within the development.
(12)
Since such Open Space areas are not developable, their value will be reduced for
assessment and municipal taxation purposes.
(13)
Private recreation facilities shall be encouraged within the residential conservation
(cluster) area in order to provide residential recreational amenities that are not
lake-intensive. Public recreation facilities (facilities open to the general public)
shall only be developed if they are compatible with the environment and with
nearby uses and developments.
(14)
Though the form of ownership of the individual residential dwelling units may be
the normal fee simple ownership, other forms, including such as co-operatives,
bare land condominiums, rental accommodation, societies, joint ownerships, shall
be considered. The form of ownership, and the implications of the form of
ownership for the management and maintenance of any services and utilities, shall
be identified in the Development Concept Plan for a particular development.
(15)
The Development Concept Plan will:
(a)
allocate responsibility and guidelines for the maintenance and operation of
the Open Space and any facilities located thereon, including provisions for
ongoing maintenance and long-term capital improvements. Facility may
include water treatment facilities, recreation facilities and trail networks;
and
(b)
provide a strategy for the enforcement of the Plan.
(16)
Any changes to the Area Structure Plan or Development Concept Plan must be
approved by Thorhild County. The responsibility for maintaining the Open Space
and any facilities located thereon shall be borne by the owner.
(17)
In the event that the party responsible for maintenance of the Open Space fails to
maintain all or any portion in reasonable order and condition, Thorhild County
may assume the responsibility for maintenance, enter into the premises to take
corrective action, and charge the cost to the previously responsible party. The
7 | special provisions
County may also bill for administrative costs and penalties associated with the
maintenance.
(18)
The Development Authority may require the Open Space be protected by a legally
binding instrument such as a Conservation Easement which is recorded with the
deed. The form of protection and the organization or entity to which the
instrument will be registered shall be identified in the Development Concept Plan
for a particular development. The instrument will be registered to one of the
following:
(a)
a land trust or conservation oriented non-profit organization with the legal
authority to accept such easements. The organization shall be bona fide in
perpetual existence and the conveyance instruments shall contain an
appropriate provision for retransfer to the County in the event that the
organization becomes unable to carry out its functions; or
(b)
a government entity with an interest in pursuing goals compatible with the
purposes of this policy. If the entity accepting the easements is not
Thorhild County, then a third right of enforcement favouring Thorhild
County shall be included in the easement.
(19)
The instrument for permanent protection shall include clear restriction on the use
of Open Space. These restrictions shall include all restrictions included in this
policy as well as any further restrictions the applicant chooses to place on the use
of the Open Space.
7.28 Residential Cluster Conservation Uses
(1)
Residential (cluster) conservation uses must conform to provisions in applicable
statutory plans, development concept plans and/or regional plans affecting the
subject lands.
(2)
A subdivision to create a multi-lot residential development within the Residential
(Cluster) Conservation District will not be considered for approval until an Area
Structure Plan affecting the subject site is submitted by the developer and
approved by Council. At the discretion of the Development Authority a
Development Concept Plan may be accepted instead of an Area Structure Plan.
(3)
A Land Use Bylaw amendment to re-district land to the Residential (Cluster)
Conservation District will not be considered for approval until an Area Structure
Plan affecting the subject site is submitted by the developer and approved by
Council. At the discretion of Council, a Development Concept Plan may be
accepted instead of an Area Structure Plan.
(4)
The Area Structure Plan or Development Concept Plan submitted as a
requirement for the approval of a re-districting application or a multi-lot country
7 | special provisions
residential subdivision for a residential (cluster) conservation use shall include a
land suitability assessment, which provides information about the environmental
features of the site both in map form and with some text describing the features of
the map (or maps). The site design of the development must reflect the findings
of the LSA and be designed to ensure that the development has a Low Net
Environmental Impact.
(5)
The purpose of the LSA is to ensure that the important site features have been
identified. The LSA should include:
(a)
site and property boundaries;
(b)
all streams, rivers, lakes, wetlands, and other hydro-geological features
(including seasonal water flow and ponding areas) within and adjacent to
the site;
(c)
topographic contours of no less than 30 m (9.8 ft.) intervals;
(d)
all environmentally sensitive areas which have been or may be identified
by Alberta Environment and Parks;
(e)
general vegetation characteristics;
(f)
soil drainage;
(g)
soils information including farmland assessment information and soil
suitability for private sewage disposal for the site;
(h)
existing roads and road structures;
(i)
potential connections of open space, green spaces, and trails (if
applicable);
(j)
Environmentally Significant Areas (ESAs); and
(k)
Heritage Resources including municipally, provincially and nationally
recognized heritage sites as well as any additional resources identified as a
result of a Heritage Resource Impact Assessment.
(6)
The LSA may be used to determine primary, secondary, and low priority
conservation areas if the developer applies for density bonusing.
(7)
Residential conservation development shall not be allowed on land having critical
development constraints. The following list of development criteria shall be used
in determining the suitability of land for seasonal/permanent residential
development:
(a)
Groundwater of sufficient quantity and quality shall be available to support
the proposed development. No development shall be permitted in areas
where reserves of potable water are inadequate in the opinion of the
Development Authority.
(b)
Development shall be prohibited on slopes in excess of 15% or unstable
slopes subject to soil slippage or other mass movement.
(c)
Development shall be prohibited in areas characterized by wetlands,
swamps, muskeg, or saturated soils.
7 | special provisions
(d)
Development shall also be prohibited in areas subject to periodic flooding
or on soils which become saturated due to flooding.
(e)
Development maybe prohibited on soils which have extremely fast
percolation rates (2 min./1 inch or faster) and/or would promote the
possibility of groundwater contamination.
(8)
Development for multi-lot residential (cluster) conservation purposes shall be
prohibited:
(a)
on sites where adequate year-round access is not available by paved roads
in good condition, developed to current County standards;
(b)
on sites where necessary services are not provided at the sole expense of
the developer;
(c)
within 30.0 m (98.4 ft.) 100 ft. (30.48 m) of a lake.
(9)
The natural topography and vegetation of the development area shall be
conserved wherever possible as illustrated in Figures 25 and 26 (see page 141 &
142).
(10)
Development will be directed to lands that are identified to be of lesser
environmental significance, such as those areas which may be identified as low
priority conservation areas.
(11)
Wildlife corridors or connections between all conservation areas shall be
maintained wherever possible.
(12)
The natural landscape and topography shall be considered and incorporated into
the overall design of the development.
(13)
Internal road access shall be provided to each residential parcel, though the roads
may be private in accordance with the policies of this area.
(14)
The Municipality will require hard surfaced roads in all new multi-lot country
residential developments developed to current County standards.
(15)
All new developments shall provide and pay for infrastructure and servicing
improvements, as well as the extension of services to facilitate the development.
(16)
Transportation, communication, and public utility uses shall be considered
discretionary. Such uses shall only be developed in such a manner as shall not
adversely affect the environment, surface or ground water quality, or existing
developments.
(17)
All development shall be required to install sewage disposal systems which have
been approved by the authority having jurisdiction.
7 | special provisions
(18)
No development shall be permitted on Reserve lands if the development does not
serve the interests of the general public.
(19)
All development shall be required to maintain a buffer of sufficient size and
composition to act as a noise and visual barrier from adjacent incompatible uses.
(20)
Spaces for day use, hiking trails, overnight camping, and similar activities shall be
suitably organized and clearly marked. Adequate lake access, boat launching, and
parking facilities shall be provided where applicable.
(21)
Any proposed facilities such as change houses, sewage disposal, garbage disposal,
and on-site water supply shall be required to have approval from authorities
having jurisdiction, and shall be of sufficient size and quality to handle
anticipated use.
(22)
The clearing of vegetation shall be minimized to lessen the impact of the
development on sensitive riparian areas and encourage biodiversity.
Figure 25: Cluster Conservation Subdivision Example #1
7 | special provisions
Figure 26: Cluster Conservation Subdivision Example #2
(23)
Any person who proposes to alter the bed or shoreline of a lake must first receive
appropriate approvals from Provincial authorities. Under Provincial law, most
development on the bed or shoreline of a lake (up to the high water mark) is
required to obtain a License of Occupation from Provincial authorities prior to
construction. Improvements not requiring a license include minor bank
stabilization, erection of a small, removable, seasonal, domestic pier, or
placement of a removable boatlift on the lake bed during the summer months.
Shoreline alterations involving such things as depositing soil materials within the
high water level of a lake will generally not be permitted.
(24)
Further information may be obtained from appropriate Provincial government
offices.
(25)
All multi-lot residential developments in the Residential (Cluster) Conservation
District shall be either:
(a)
low density multi-lot residential developments, with a maximum density
1.54 dwellings per net ha (0.6 dwellings per net ac) The minimum lot area
is 0.3 ha (0.74 ac.) and the maximum lot area is 4.04 ha (10.0 ac.); or
(b)
cluster residential developments, with a maximum density 2.47 dwellings
per net ha (1.0 dwelling per net ac.). The minimum lot area shall be at the
discretion of the Development Authority and the maximum lot area shall
7 | special provisions
normally be 0.2 ha (0.5 ac.). In order to qualify for this type of residential
development the design of the development must conform to the
requirements for density bonusing outlined in Section 7.26.
(26)
The maximum density of low density multi-lot residential developments within
areas identified as residential (cluster) conservation areas shall be determined by
the Subdivision Authority and the Development Authority on a site by site basis.
The maximum residential density shall be based on:
(a)
the land suitability assessment (LSA) undertaken for the site. Residential
density will be determined on a site by site basis having regard for site
conditions, environmental considerations and impacts, and other factors
that may be considered in the design of the proposal;
(b)
the maximum number of allowed dwelling units will normally be
determined by dividing net developable area of the site by the minimum
residential parcel size of 0.3 ha (0.74 ac.);
(c)
the net developable area shall be the total gross area of the site, less the
area of:
(i)
bodies of open water over 500.0 sq. m (5382.0 sq. ft.) in area or
greater;
(ii)
anticipated rights-of-way for roads and utilities;
(iii)
Environmental Reserve and/or Environmental Reserve Easement
areas (if applicable); and
(iv)
Municipal Reserve areas (if applicable);
(d)
the suitability and availability of municipal services and infrastructure
necessary to support the proposal; and
(e)
the compatibility of the proposed density with that of the surrounding area
and the character of the existing community (if applicable).
(27)
The maximum density for cluster residential developments within areas identified
as residential (cluster) conservation areas or on sites where a developer wishes to
qualify for density bonusing, shall be determined by the Subdivision Authority
and the Development Authority on a site by site basis. The maximum residential
density shall be based on the design requirements for cluster residential
developments identified in the following section.
7.29 Residential Uses
(1)
In all residential districts, residential development shall not be allowed on land
having critical development constraints. The following list of development criteria
shall be used in determining the suitability of land for seasonal and permanent
residential development:
(a)
development shall be prohibited on slopes in excess of 15%, except where
a geotechnical report prepared by a certified engineer which identifies any
7 | special provisions
slope stability issues and mitigation requirements is provided to the
satisfaction of the Development Authority.
(2)
Development for multi-lot country residential purposes shall be prohibited:
(a)
on sites where adequate year-round access is not available by either a
paved or graveled all-weather road in good condition
(b)
on sites where necessary services are not provided at the sole expense of
the developer
(c)
within 30.5 m (100.0 ft.) of a lake or the North Saskatchewan River. If the
developer disputes the required setback then the developer may provide
the Development Authority with a biophysical study which indicates that
an alternative setback area is appropriate for the subject site. The
Development Authority will then carefully consider the additional
information and make a determination regarding the most appropriate
setback area for the site.
(3)
All development shall be located on lots large enough to support on-site water
supply and sewage disposal systems. All development shall be required to install
sewage disposal systems which have been approved by the authority having
jurisdiction.
(4)
Any proposed facilities such as change houses, sewage disposal, garbage disposal
and on-site water supply shall be required to have approval from authorities
having jurisdiction, and shall be sufficient size and quality to handle anticipated
use.
(5)
The clearing of vegetation shall be minimized and occur only after obtaining a
development permit.
(6)
Any person who proposes to alter the bed or shoreline of a lake must first receive
appropriate approvals from Provincial authorities. Under Provincial law, most
development on the bed or shoreline of a lake (up to the high water mark) is
required to obtain a License of Occupation from Provincial authorities prior to
construction. Improvements not requiring a license include minor bank
stabilization, erection of a small, removable, seasonal, domestic pier, or placement
of a removable boatlift on the lake bed during the summer months. Shoreline
alterations involving such things as depositing soil materials within the high water
level of a lake will generally not be permitted.
(7)
Further information may be obtained from appropriate Provincial government
offices.
(8)
Where there is an approved Area Structure Plan regulations in that Plan will
apply.
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7.30 Sea Cans and Shipping Containers
(1)
Sea cans or shipping containers shall not be placed on any parcel within the
Residential (R1A, R1B, RL, and R2) Districts.
(2)
Notwithstanding the above, a development permit may be issued for the
temporary placement of one sea can or shipping container on a parcel within the
Residential (R1A, R1B and R2) Districts on a temporary basis during the
construction of the principal dwelling.
(3)
A maximum of one (1) sea can or shipping container may be permitted, at the
discretion of the Development Authority on residential parcels (other than in the
R1A, R1B and R2 Districts) 0.4 ha (1.0 ac) or smaller in area.
(4)
The maximum number of sea cans or shipping containers that may be placed on
an agricultural, commercial or industrial use parcel is at the discretion of the
Development Authority.
(5)
The placement of a sea can or shipping container on any residential use parcel 0.4
ha (1.0 ac) or smaller in area requires a development permit.
(6)
Notwithstanding any other provision in this Bylaw, in the Agricultural (AG)
District on parcels larger than 0.8 ha (2.0 ac) in area a maximum of two (2) sea
cans or shipping containers may be placed on a parcel without a development
permit.
(7)
If a temporary development permit for a sea can or shipping container has been
approved by the Development Authority then the sea can or shipping container
may be placed on a site for a period of six (6) months. After that period has
expired the developer will be required to apply to the County for an extension for
the permit. Extensions may be issued for up to six (6) month intervals at the
discretion of the Development Authority.
(8)
Sea cans or shipping containers may not be stacked. The maximum height for a
sea can or shipping container allowed on a parcel is 3.0 m (10.0 ft.).
(9)
Sea cans or shipping containers located in a residential district may be a maximum
of 6.0 m (20.0 ft.) in length.
(10)
The exterior finish of a sea can or shipping container sited within a commercial or
residential district must be consistent with the finish of the primary building.
(11)
Sea cans or shipping containers cannot be used as a dwelling, bunk house or guest
house within the County.
7 | special provisions
(12)
No human or animal habitation will be permitted within a sea can or shipping
container.
7.31 Service Stations and Gas Stations
(1)
A person applying to develop a site as a service station or gas station
establishment where allowed under this Bylaw shall comply with the following
provisions of this section.
(2)
Service and gas stations shall be located in such a manner that:
(a)
No entrance or exit thereto for motor vehicles shall be within 60.9 m
(200.0 ft.) of an entrance to or exit from a public or quasi-public use.
(b)
No part of a service station or gas station building or any pump or other
accessory building shall be within 6.0 m (20.0 ft.) of a side or rear property
line.
(c)
Service stations shall have a front yard of not less than 12.2 m (40.0 ft.),
and no gasoline pump shall be located closer than 6.0 m (20.0 ft.) to the
front property line.
(d)
Storage tanks shall be set back from adjacent building in accordance with
applicable Provincial requirements
(3)
Site Area and Coverage
(a)
The minimum site area shall be 743.2 m2 (8,000.0 sq. ft.) and the
maximum building coverage shall be 25% of the site area. For service
stations including car washes the minimum site area shall be 1114.9 m2
(12,000 sq. ft.).
(b)
In the case of a service station designed and built as part of a shopping
centre, the ratio of building space to parking space shall be as determined
by the Development Authority.
(4)
Surfacing
(a)
All parts of the site to which vehicles may have access shall be hard
surfaced and drained to the satisfaction of the Development Authority.
(5)
Lighting
(a)
Any lighting proposed to illuminate off-street parking areas shall be
located and arranged so that all direct rays of light are directed upon the
site only and not on any adjoining properties.
(6)
Use and Maintenance of Service Station Site and Building
The owner, tenant, operator or person in charge of a service station shall at all
times:
7 | special provisions
(a)
Be prohibited from the carrying on of the business of a public garage or
parking garage (provided, however, that this shall not prevent the use of
garage space available on any authorized service station for storage) or of
any business or activity which is obnoxious or offensive, or which may
constitute a nuisance or annoyance to persons occupying lands in the
immediate vicinity of the site of a service station by reason of dust, noise,
gases, odour, smoke or vibration.
(b)
Be responsible for the proper, safe and orderly operation thereof and of
motor vehicles using said service station or when repaired or serviced
thereat, and without restricting the generality of the foregoing, shall see:
(i)
that operators of motor vehicles do not obstruct the sidewalks and
boulevards abutting or adjacent to the service stations, and
(ii)
that operators of motor vehicles enter and leave the service station
only at the entrances and exits provided for such purposes and not
elsewhere.
(c)
Maintain on the boundaries of the site, where required by the Development
Authority, an appropriate fence not less than 1.5 m (5.0 ft.) in height.
7.32 Secondary Suites
(1)
A secondary suite shall be restricted to a site occupied by a single detached
dwelling or a duplex.
(2)
A secondary suite shall not be constructed within Row housing or Apartment
housing.
(3)
A maximum of one secondary suite is permitted on any single detached dwelling
lot.
(4)
A secondary suite shall remain accessory to and subordinate to the main dwelling
and shall not exceed 80.0 m2 (860.1 sq. ft.)
(5)
Shared mechanical rooms and common areas shall be excluded from the floor area
calculation of the secondary suite.
(6)
A secondary suite includes, but is not limited to, a food preparation area,
counter/cupboard space, sink, refrigerator, stove or provision of 220 volt wiring
and toilet with bathing facilities.
(7)
A secondary suite has an entrance separate from the entrance to the main
dwelling, either from a common indoor landing or directly from the exterior of the
structure.
7 | special provisions
(8)
A secondary suite may include the conversion of a portion of existing space in the
main dwelling, or the addition of new floor space to an existing dwelling.
(9)
The minimum parcel size for a secondary suite is 360.0 m2 (3875.0 sq. ft.).
(10)
The minimum lot width requirement for secondary suites is 12.2 m (40.0 ft.).
(11)
The minimum area for a secondary suite is 30.0 m2 (322.9 sq. ft.)
(12)
A secondary suite cannot exceed the maximum height of the main dwelling.
(13)
Prior to development permit approval the developer must submit, along with an
application for a development permit, a parking plan that indicates the location
and size of the onsite parking spaces.
(14)
One on-site parking stall shall be provided for the secondary suite, in addition to
the parking requirements for the main dwelling pursuant to Section 6.12 of this
Bylaw. Tandem parking may be permitted at the discretion of the Development
Authority.
7.33 Small Radio Communication Facilities
(1)
A Small Radio Communication Facility, where allowed as a discretionary use
under this Bylaw, shall require an application for a development permit and may
be approved provided that the structure and apparatus:
(a)
have Industry Canada approval;
(b)
be camouflaged and, as far as possible, have the appearance and aesthetic
of other buildings permitted in the District;
(c)
meet the setback requirements of the District or meet setback requirements
that are satisfactory to the Development Authority;
(d)
be limited to a maximum height of 18.0 m (59.0 ft.) at its highest point.
The height of a ground-mounted antenna and support structure shall be
determined by measurement from the point at which the support structure
enters the typical ground surface to the top of the antenna at its highest
position;
(e)
be a free-standing, ground-mounted unit;
(f)
notwithstanding (E) above, a roof-mounted unit shall be allowed where the
applicant can demonstrate that a ground-mounted unit would prohibit
adequate transmission or reception of radio signals. The antenna and
support structure of a roof-mounted unit shall be installed on the roof of a
building to a maximum combined height of 18.0 m (59.0 ft.) from the
typical ground surface to its highest point;
(g)
be located in a rear yard only;
7 | special provisions
(h)
not be illuminated, nor shall it have attached to it any advertising, graphics,
flags or other elements unrelated to its function as a component of a radio
signal transmitting and receiving device; and
(i)
be landscaped to screen the base of the antenna and reduce the negative
visual impact on adjacent properties. The Development Authority may
require screening and landscaping around the lower portion of the support
structure where, in the opinion of the Development Authority, such
measures would reduce potential negative visual impact of the structure on
adjacent properties.
(2)
All Telecommunication Facilities shall have landscaping that reflects the typical
landscaping in the District.
(3)
The development of all Telecommunication Facilities shall follow the regulations
of Industry Canada including public consultation as required.
7.34 Solar Energy Collection Systems
(1)
Location
(a)
Ground mounted solar collectors shall be located in a side or rear yard
only.
(2)
When a solar energy collection system is installed on a lot, accessory structure or
vegetation on an abutting lot shall not be located so as to block the solar
collector's access to solar energy. The portion of a solar collector that is protected
is the portion which:
(a)
is located so as not to be shaded between the hours of 10:00 a.m. and 3:00
p.m. by a hypothetical 12-foot obstruction located on the lot line; and
(b)
has an area not greater than one-half of the heated floor area of the
structure, or the largest of the structures, to be served.
(3)
Subsection (2) above does not apply to structure or vegetation existing in an
abutting lot at the time of installation of the solar energy collection system, or the
effective date of this Bylaw, whichever is later. Said subjection controls any
structure erected on, or vegetation planted in, abutting lots after the installation of
the solar energy collection system.
7.35 Subdivision for Country
Residences and Farmstead Lots
(1)
In deciding on an application for a farmstead separation or a subdivision for a
country residential use, the Subdivision Authority shall have regard to the
7 | special provisions
following criteria:
(a)
Vacant country residential subdivisions shall be discouraged on land with
higher agricultural capability.
(b)
Notwithstanding the above, the Development Authority may approve a
development permit application for country residential use on existing
registered lots.
(c)
Where a farmstead has been separated from an agricultural parcel, it shall
be regarded as a country residence thereafter.
(d)
The subdivision of one lot for country residential purposes in each half
quarter section in the Agricultural (AG) District where the half quarter
section exceeds 28.3 ha (70.0 ac) in size, shall be permitted.
(e)
A fragmented parcel may be subdivided from a lot while not affecting the
"first parcel out" regulation or requiring redistricting.
(f)
Country residential and farmstead lots shall generally be not less than 0.8
ha (2.0 ac) and not more than 4.04 ha (10.0 ac.) in size. Such lots may
incorporate within their boundaries those natural and man-made features
that form part of the residence-related portion of a farm operation, such as
shelterbelts, small tree stands, gardens, small corrals, driveways, fences,
buildings, structures, water supply, sewage disposal facilities and their
required setback areas, and other features which are normally considered
to be part of the farmstead. Normally, vacant country residential lots shall
not exceed 4.05 ha (10.0 ac) in size.
(g)
Notwithstanding subsection (1)(f) above, vacant country residential lots
may exceed 4.05 ha (10.0 ac) in size where natural features including tree
stands, ravines, ponds or natural vegetation, or where the land is not
suitable for agricultural operations, are reasonable inclusions to the
residential parcel.
(h)
The Subdivision Authority shall require the landowner and/or developer to
submit a Real Property Report, or other instrument prepared by an Alberta
Land Surveyor, as a condition of approval for residential subdivision
applications where the parcel exceeds 4.04 ha (10 ac.) in size to encompass
farmstead development or additional natural features. If the instrument
indicates that the additional lands requested are not required to encompass
the identified feature(s), the additional lands will not be allowed.
(i)
The minimum distance separation formula, as established in the Natural
Resources Conservation Board Code of Practice, shall be consulted during
the subdivision process.
(j)
When new residences and farmsteads are established on an agricultural lot,
every effort shall be made to locate them in areas of poorer quality
farmland on the subject agricultural parcel.
(k)
Except in the case of an internal road system, no building shall be located
closer than 40.0 m (130 ft.) to the road right-of-way of any rural road,
unless the regulations of the District in which the building is located are
more restrictive, in which case the latter will apply.
7 | special provisions
7.36 Surveillance Suites
(1)
The issuance of a development permit for a surveillance suite, as defined in this
Bylaw, shall be in accordance with the following criteria and regulations:
(a)
A development permit for a surveillance suite will only be issued if the
surveillance suite is clearly compatible with and subordinate to the main
use of the subject parcel. Moreover, in the opinion of the Development
Authority, the placement of a surveillance suite shall be compatible with
all existing, main development/land uses on adjacent properties and shall
not interfere with future main development/land uses of adjacent
properties.
(b)
Where a surveillance suite is allowed in accordance with this Bylaw, the
Development Authority may issue a development permit for one
surveillance suite per associated development or parcel.
(c)
Detached surveillance suites shall be sited in accordance with siting
regulations specified in the land use district within which the subject parcel
is located or in accordance with the following requirements, whichever are
more stringent:
(i)
a minimum of 1.8 m (6.0 ft.) from any buildings; and
(ii)
a minimum of 1.8 m (6.0 ft.) from the rear and side property lines;
and
(iii)
no closer than the front line of the main building to the front
property line.
(d)
The maximum floor area of any non-basement surveillance suite, as
defined in this Bylaw, shall be 46.6 m2 (500.0 sq. ft.).
(e)
The quality of exterior treatment and design of any surveillance suite shall
be to the satisfaction of the Development Authority, who shall ensure that
the design, character and appearance of any surveillance suite is
compatible with the development(s)/use(s) with which the suite is
associated as well as all development(s)/use(s) on adjacent properties.
7.37 Vehicle Washing Establishments
(1)
A person applying to develop a site as a car washing establishment where allowed
under this Bylaw shall comply with the following provisions of this Section.
(2)
Site Location
In addition to those Districts where vehicle washing establishments are permitted
or discretionary, a vehicle washing establishment may be allowed as a
discretionary use as part of a shopping centre if the Development Officer is
satisfied that it will not adversely affect an adjoining land use or the function for
the shopping centre in relation to traffic circulation.
7 | special provisions
(3)
Site Area
The minimum site area shall be 557.4 m2 (6,000.0 sq. ft.) and shall contain
storage space for ten (10) vehicles prior to their entry into any part of the
cleaning process for which they are bound. In the case of service stations
including car washes, a minimum site area shall be 111.5 m2 (1,200.0 sq. ft.).
(4)
Site and Building Requirements
All site and building requirements shall be to the satisfaction of the
Development Authority.
7.38 Wind Conversion Systems, Large
(1)
Prior to making a decision on an application for a development permit for a large
wind energy conversion system, the Development Authority shall consider input
from:
(a)
any adjacent municipality should the proposed development be
located within 2 km (1.2 mi.) of the municipality; and
(b)
landowners within 2 km (1.2 mi.) of the proposed development.
(2)
When making an application for a development permit for a Large Wind
Energy Conversion System, the developer shall provide to the Development
Authority appropriate reports and/or approvals from the following:
(a)
Transport Canada
(b)
Nav Canada
(c)
Alberta Culture and Community Spirit
(d)
Alberta Environment and Parks
(e)
Alberta Tourism, Parks and Recreation
(f)
Alberta Transportation
(3)
Should a large wind energy conversion system discontinue producing power for a
minimum of two (2) years, the system operator shall be required to provide a
status report to the Development Authority. The Development Authority may
then require that the system be decommissioned. Failure to comply with a
decommissioning requirement shall be considered to be a breach of this Bylaw,
and subject to the enforcement provisions of this Bylaw.
(4)
A large wind energy conversion system shall comply with all the setbacks
related to roads and highways that govern the principal use in the district in
which it is located.
7 | special provisions
(5)
Where, in the opinion of the Development Authority, the setbacks referred to in
Section 8.37(4) above are not sufficient to reduce the impact of a large wind
energy conversion system from a road or highway, the Development Authority
may increase the required setback.
(6)
The turbine base shall be no closer to the property line than four times the height
of the wind turbine tower. Where in the opinion of the Development Authority the
setback from the property line should be varied, the Development Authority may
require an acoustical study to establish appropriate setbacks.
(7)
The minimum vertical blade clearance from grade shall be 7.4 m (24.6 ft.) for a
wind energy conversion system employing a horizontal axis rotor unless
otherwise required by the Development Authority.
(8)
To ensure public safety, the Development Authority may require that:
(a)
a secure fence not less than 1.8 m (5.9 ft.) in height with a lockable gate
surround a wind energy conversion system tower if the tower is climbable
or subject to vandalism that could threaten tower integrity;
(b)
no ladder or permanent tower access device be located less than 3.7 m
(12.1 ft.) from grade;
(c)
a locked device be installed on the tower to preclude access to the top of
the tower; and
(d)
such additional safety mechanisms or procedures be provided as the
Development Authority may consider reasonable and appropriate.
The use of tubular towers, with locked door access, may, at the sole discretion of
the Development Authority, make unnecessary the above requirements.
(9)
All power lines on the site of a large wind energy conversion system to the power
grid or a power substation will be underground except where the Development
Authority specifically approves overhead or above grade installations.
(10)
Unless otherwise required by the Development Authority, a large wind energy
conversion system shall be finished in a non-reflective matte and in a colour
which minimizes the obtrusive impact of a system to the sole requirements of the
Development Authority.
(11)
No lettering, advertising or other symbol shall appear on the towers or blades. On
other parts of the large wind energy conversion system, the only lettering or
symbol allowed will be the manufacturer's and/or owner's identification or
symbol and then, only upon the approval of and at the sole discretion of the
Development Authority.
7 | special provisions
(12)
The Development Authority may approve a large wind energy conversion system on a
case-by-case basis having regard for:
(a)
information provided in the application;
(b)
the proximity of the proposed development to other land uses;
(c)
the cumulative effect of all wind energy conversion systems approved or
proposed in the area;
(d)
underlying utilities; and
(e)
information received from the circulation of the application and from the
public.
(13)
Large wind energy systems must comply with applicable air traffic safety
regulations. Transport Canada must be notified of the location (latitude and
longitude) and height of all wind turbine installations through the aeronautical
clearance application process.
7.39
Wind Conversion Systems, Micro
(1)
Notwithstanding any other provision in this Land Use Bylaw, micro wind energy
conversion systems, which are systems which have a rated capacity of less than
0.5 kW, may only be roof-mounted or ground-mounted within a side or rear yard.
(2)
Micro wind energy conversion systems shall be required to conform to setback
requirements for accessory buildings.
(3)
Maximum height shall be the maximum height provisions that apply within the
District in which the micro wind energy conversion system is located.
(4)
One micro wind energy conversion system is allowed per lot. A second system
may be permitted at the discretion of the Development Authority if the applicant
can demonstrate that there is adequate room on the site.
7.40
Wind Conversion Systems, Small
(1)
Small wind energy conversion systems shall only be allowed as accessory
developments.
(2)
For property sizes between 0.1 ha (0.25 ac.) and 0.2 ha (0.5 ac.) the wind turbine
tower height shall be limited to 25.0 m (82.0 ft.). For property sizes of 0.2 ha (0.5
ac.) or more, there is no limitation on wind turbine tower height, subject to the set-
back requirements below, and provided that the application includes evidence that
the proposed height does not exceed the height recommended by the manufacturer
or any distributor of the system.
7 | special provisions
(3)
The turbine base shall be no closer to the property line than the height of the wind
turbine tower, and no part of the system structure, including guy wire anchors,
may extend closer than 3.0 m (9.8 ft.) to the property boundaries of the installation
site. Additionally, the outer and innermost guy wires must be marked and clearly
visible to a height of 2.0 m (6.6 ft.) above the guy wire anchors. The Development
Authority may waive setback requirements from adjacent properties if such
adjacent property owner agrees to grant an easement binding on current and future
owners.
(4)
The mean value of the sound pressure level from small wind energy systems shall
not exceed more than 6 decibels (dBA) above background sound, as measured at
the exterior of the closest neighbouring inhabited dwelling (at the time of
installation or during operation), for wind speeds below 10 m per second (22 mph)
and except during short-term events such as utility outages and/or severe wind
storms.
(5)
Development permit applications for small wind energy systems shall be
accompanied by standard drawings of the wind turbine structure, including the
tower, base, footings, anchoring method and drawn to scale. An engineering
analysis of the wind turbine tower showing compliance with the International
Building Code and certified by a licensed professional mechanical, structural, or
civil engineer shall also be submitted. Documentation of this analysis supplied by
the manufacturer shall be accepted.
(6)
Small wind energy systems must comply with applicable air traffic safety
regulations. A statement on compliance by the applicant is sufficient. Transport
Canada must be notified of the location (latitude and longitude) and height of all
wind turbine installations through the aeronautical clearance application process.
Small wind turbine towers shall not be artificially lit except as required by Nav
Canada.
(7)
Building permit applications for small wind energy systems shall be accompanied
by a line drawing of the electrical components in sufficient detail to allow for a
determination that the manner of installation conforms to existing electrical codes.
This information is frequently supplied by the manufacturer.
(8)
No small wind energy system that is tied into a grid shall be installed until
evidence has been given that the utility has been informed of the customer's intent
to install an interconnected customer-owner generator. A copy of a letter to the
applicant's utility is sufficient. No response or evidence of approval from the
utility is required. Off-grid systems and grid-tied systems that are not capable of
feeding onto the grid with advanced control grid fault protection and disconnect
switches covered under the electrical code shall be exempt from the requirement.
7 | special provisions
(9)
One Small Wind Energy System is allowed per single detached dwelling on a lot.
7.41
Wireless Communication Facilities
(1)
The municipality will encourage developers of wireless communications facilities
to demonstrate good planning and design with foremost regard to safety of the
general public; adherence to established construction standards in industry;
minimizing impacts to the natural environment; minimizing the visual impacts on
nearby residents; and ensuring public consultation in the early development
stages. A letter of support will be provided to licensing and approving authorities
for applications meeting these criteria. A letter of non-support will be provided to
licensing and approving authorities for applications not meeting these criteria.
(2)
Developers of a wireless communications facility that plan for the facility and can
accommodate other wireless operators on the site will be given priority status.
(3)
The application for development of a wireless communications facility is
encouraged to engage existing owner/operators of these structures for co-location
opportunities. Existing operators are encouraged to participate in the process by
charging reasonable rates for this privilege.
(4)
Applications for development of structures outside of the Alberta Building Code
such as lattice towers shall include a document from authoritative sources
demonstrating structural adequacy of the specified structure for the location and
loading defined in the application. Such authorities include: the Canadian
Standards Association and qualified structural engineers. Stamps and Seals of
approval shall accompany the documentation.
(5)
Guyed-tower structures are to be located on properties that allow for a distance
from the base to boundary setbacks that is no less than equal to the final structure
height. In all cases that base and anchor structures must be designed for the soil
conditions present. A professional engineered design with supporting soil profiles
must accompany the application for development. Precise location (Latitude and
Longitude) of the base and anchors must be revealed.
Self-support towers are to be located respecting the building and safety codes for
the community. In all cases the base structures must be designed for the soil
conditions present. A professional engineered design with supporting soil profiles
must accompany the application for development.
(6)
Multiple tower structures will require individual development permit applications.
(7)
Applications for the development of wireless facilities must include in the
development application letters from the following authorities:
7 | special provisions
(a)
Transport Canada governing painting and lighting of the applicant's tower
for aeronautical safety;
(b)
Nav Canada governing aircraft communication and instrumentation
immunity from the applicant's tower transmissions;
(c)
Industry Canada governing the frequency of operations and public safety
from non-ionized radiation in accordance with Safety Code 6. Licensed
Exempt operators must provide a stamped letter from a licensed
professional RF engineer guaranteeing these conditions will be met; and
(8)
Appropriate fencing around the base, anchors and site limiting public access to
the tower and exposure to high RF energy fields must be provided with
consideration of community aesthetics.
(9)
The application for development must include consideration to minimizing
environmental damage through the following measures:
(a)
Consultation with Federal and Provincial environmental agencies to
ensure the site selected and the resultant construction does not impact
upon sensitive ecologies nor interfere with migrating birds or animals.
Confirming letters from these agencies must accompany the application
for development.
(b)
The application for development shall include a signed letter from the
applicant detailing corrective action(s) to remediate any environmental
damages.
(10)
As a condition of obtaining a development permit the applicant agrees to the
following:
(a)
The site will be reclaimed within six (6) months of cessation of operation.
(b)
The site reclamation will comply with Alberta Environmental Laws to be
provided by Alberta Environment and Parks or their agent.
(11)
A public consultative process shall commence within the intent to establish a
wireless facility advertisement in the local newspapers and b letter to the
neighbouring property owners 120 days prior to the anticipated date of
construction. The municipality will arrange for the public meetings at its
discretion and at the sole expense of the applicant.
7.42
Work Camps
(1)
Work camps may be allowed in Districts where they are listed as discretionary
uses only:
(a)
in areas within or immediately adjacent to existing hamlets;
(b)
where the development of a work camp will not unduly conflict with
adjacent uses and/or developments; and
7 | special provisions
(c)
where the development of a work camp will extend or upgrade municipal
services.
(2)
Notwithstanding any other provision in this Bylaw, project-oriented work camps
of fifteen (15) sleeping units or less may be permitted for a maximum of twenty-
eight (28) days.
(3)
All work camps shall be considered temporary developments.
(4)
All work camps require a development permit and the Development Authority
shall give due regard to the need, location and type of camp, prior to rendering its
decision.
(5)
No development permit for a work camp shall be approved unless:
(a)
it is for a temporary period of time as specified by the Development
Authority;
(b)
all required access provisions are provided to the satisfaction of the
Development Authority at the sole cost to the developer;
(c)
the developer provides undertakings and guarantees acceptable to the
Development Authority, that the work camp will be removed and the
subject site returned to its state before the work camp was developed upon
its removal; and
(d)
it is an accessory development to an approved industrial or commercial
development for construction employees and located on the site of that
industrial or commercial development.
(6)
The Development Authority may establish whatever conditions for the approval
of a work camp that it, at its sole discretion, deems reasonable to ensure the work
camp will be a temporary development.
(7)
The Development Authority may, at its sole discretion, establish any conditions of
approval for a work camp to ensure that the site of the development will be
restored to its previous situation after the development ceases operations.
(8)
Work camps shall not be allowed in close proximity to residential developments,
determined at the sole discretion of the Development Authority.
(9)
All parking must be provided on the lot and areas for parking developed to the
satisfaction of the Development Authority.
(10)
All points of access and egress shall be located to the satisfaction of the
Development Authority.
7 | special provisions
(11)
Maximum parcel coverage shall be such that space is available for all the parking
on the lot, together with the applicable setbacks and such area as required for
landscaping as determined by the Development Authority.
(12)
Adjacent buildings in work camps shall be located sufficient distance from each
other as required for fire protection purposes as determined by the Alberta Safety
Codes Act and by the Development Authority.
(13)
Screening and fencing of storage areas shall be to the satisfaction of the
Development Authority.
8 | Land Use District
Regulations
8.1 Establishment of Land Use Districts
(1)
For the purposes of this Bylaw, Thorhild County is divided into the following
districts:
Agricultural (AG) District
Highway Commercial (HC) District
Multi-lot Country Residential (CR) District
Low-density Residential (R1A) District
Low-density Residential (R1B) District
Medium-density Residential (R2) District
Long Lake Residential (RL) District
Residential Home Business (RHB) District
Residential Cluster Conservation (RCC) District
Residential Manufactured Home Subdivision (RMH1) District
Residential Manufactured Home Park (RMH2) District
Central Hamlet Commercial (C1) District
Large-lot Commercial (C2) District
Rural Industrial (M1) District
Hamlet Industrial (M2) District
Industrial (M3) District
Public Institutional (PI) District
Urban Reserve (UR) District
Private Landfill Direct Control (DC1) District
Recreational Direct Control (DC2) District
(2)
For the purposes of this Bylaw, the CR, R1A, R1B, R2, RMH1, RMH2 and RL
Districts shall be considered to be Residential Districts, the C1, C2 and C3
Districts shall be considered to be Commercial Districts, and the M1, M2 and M3
Districts shall be considered to be Industrial Districts.
(3)
The boundaries of the districts listed in this Bylaw are as delineated in the LAND
USE DISTRICT MAP, which is Part 9.1 of this Bylaw.
(4)
Where uncertainty exists as to the boundaries of districts as delineated in the
LAND USE DISTRICT MAP, the following rules shall apply:
Land Use Bylaw
8 | land use districts
Rule 1 Where a boundary is shown as following a street or lane, it shall be
deemed to follow the centre line thereof.
Rule 2 Where a boundary is shown as approximately following a lot line, it shall
be deemed to follow the lot line.
Rule 3 In circumstances not covered by Rules 1 and 2, the location of the district
boundary shall be determined:
(a)
where dimensions are set out on the LAND USE DISTRICT MAP,
by the dimensions so set, or
(b)
where no dimensions are set out on the LAND USE DISTRICT
MAP with respect to such boundary, by measurement of and use of
the scale shown on the LAND USE DISTRICT MAP.
(5)
Where the application of the above rules does not determine the exact location of
the boundary of a district, the Council, either on its motion or upon written
application being made to it by any person requesting the determination of the
exact location of the boundary, shall fix the portion of the district boundary in
doubt or dispute in a manner consistent with the provisions of this Bylaw and the
degree of detail as to the measurements and directions as the circumstances may
require.
(6)
The Development Authority shall maintain a list of its decisions with respect to
boundaries or portions thereof fixed by it.
8 land y;
8.2 AG-Agricultural District
(1) General Purpose
The general purpose of this District is to allow activities associated with agricultural
production, and to preserve higher capability agricuhural land from development that
is incompatible with agricultural production.
(2) Permitted Uses
(a) Buildings and uses accessory to permitted uses
(b) Day homes
(c) Extensive agriculture
(d) Home occupations, minor
(e) Solar energy conversion systems
(f) Wind energy conversion systems, micro
(3) Discretionary Uses
(a) Abattoirs
(b) Animal breeding and/or boarding facilities
(c) Bed and breakfast establishments
(d) Buildings and uses accessory to discretionary uses
(e) Cemeteries
(f) Commercial uses
(g) Confined feeding operations
(h) Country residences, single lot
(i) Day care facilities
(j) Family care facilities
(k) Garage suites
(1) Garden suites
(m) Greenhouses
(n) Group care facilities
(o) Group homes
(p) Guest ranches
(q) Home occupations, major
(r) Institutional uses
(s) In-law suits
(t) Intensive agriculture
(u) Livestock sales yard
(v) Manufactured homes
(w) Natural resource extraction uses (Remove) (Amended as per Bylaw 37-2018)
(w) Natural resource extraction uses (except within lands identified by the
Environmentally Sensitive Overlay, on lands adjacent to Long Lake
(within 800m), as shown on map 7.1 - Future Land Use Map of Bylaw
1195-2015 Municipal Development Plan)
(Amended as per Bylaw 37-2018)
8 | land use districts
(x)
Park models
(y)
Public and quasi-public uses
(z)
Public park
(aa)
Public utility buildings and uses
(bb)
Recreation camps
(cc)
Recreational uses
(dd)
Religious assemblies
(ee)
Rural commercial uses
(ff)
Rural industries
(gg)
Sea cans or shipping containers
(hh)
Secondary suites
(ii)
Wind energy conversion systems, small
(jj)
Wind energy conversion systems, large
(kk)
Other uses which, in the opinion of the Development Authority, are similar to
the above mentioned permitted and discretionary uses
(4)
Regulations
(a)
Minimum Lot Area - Permitted uses - 28.3 ha (70 ac.) except where the lot is
fragmented by a natural or physical barrier.
(b)
Minimum Lot Area - Discretionary Uses - as required by the Development
Authority, unless the lot area is regulated by the Special Provisions.
(c)
Discretionary Uses
(i)
In reviewing a development permit application for a discretionary use,
the Development Authority shall have regard to the following:
(A)
On higher capability agricultural land, non-agricultural
development shall be discouraged;
(B)
Non-agricultural development shall be encouraged to locate on
lower capability agricultural land
(ii)
Adequate access must be available by either a paved or graveled all
weather road; and
(iii)
Essential services are to be provided at the sole expense of the
developer and/or owner.
(c)
Minimum Yard Dimensions
(i)
Front - 40 m (131 ft.) from the right-of-way of the adjoining road
(ii)
Side - 6 m (20 ft.)
(iii)
Rear - 7.5 m (25 ft.)
(d)
Minimum Yard Dimensions for any Development within 150 m (500 ft.) of
the right-of-way of all Highways
(i)
Front - 40 m (131 ft.) from the boundary of the future right-of-way or
use districts
Sections 6.5 - 6.7, inclusive.
(ii) Side - as required by the Development Authority
(iii) Rear-18m (60 ft.)
(5) Other Regulations
(a) Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(b) Landscaping shall be provided in accordance with Section 6.10 of this Bylaw.
The Development Authority may require landscaping, to their satisfaction, in
the form offences, berms, vegetation or any other material, at their discretion,
between any development in this District and any adjacent development.
(c) Grading and drainage of the site shall be provided in accordance with Section
6.10 of this Bylaw.
(d) Sea cans and shipping containers shall be developed in accordance with
Section 7.28 of this Bylaw.
(e) Solar energy conversion systems shall be developed in accordance with
Section 7.32 of this Bylaw.
(f) Wind energy conversion systems shall be developed in accordance with
Sections 7.36, 7.37 and 7.38 of this Bylaw.
(6) Notwithstanding any other provision in this Bylaw to the contrary:
(a) the minimum lot size in NW 8-61-22-W4 shall be 15.2 ha (37.6 ac.);
(b) the minimum lot size in the S ,2 NW 2-58-21-W4 shall be 15.8 ha (39.1 ac.);
(c) the minimum lot size in NE 4-62-22-W4 shall be 20.23 ha (50 ac.).
(d) to include "Recreational Vehicle Campground" as a Discretionary Use on
Lot 1 Block 1 Plan 1122601, SW 26-58-23-W4 (Amended as per Bylaw 1224-2016)
(e) To include "Recreational Vehicle Campground" as a Discretionary Use on
Lot2,Block 1,Plan 1122601, SW26-58-23-W4 (Amended as per Bylaw 11-2021)
(f) Communal Housing and School, as a site specific, permitted use, on the
lands located at NE 18-61-21-W4 (Amended as per Bylaw 16-2021)
(g) To include "Recreational Vehicle Campground:" as a Discretionary Use on Pt.
NW 10-63-19-W4 consisting of 7.83 acres as shown on Schedule "A."
(Amended as per Bylaw 08-2023).
(h) "Communal Housing and School" as a site specific, Permitted Use, on the
lands located at NW 11-59-21-W4M as shown on Schedule "A." (Amended as
per Bylaw 09-2023).
(i) To include "Recreational Vehicle Campground" as a Discretionary Use on
Lotl, Block 1, Plan 082 8507 within NW14-58-20-W4M, consisting of 5.96
acres. (Amended as per Bylaw 03-2026).
8 | land use districts
8.3 HC - Highway Commercial District
(1)
General Purpose
The general purpose of this District is to control development in the vicinity of
Provincial Highways. Development should be restricted to that which is generally
required to serve the motoring public.
(2)
Permitted Uses
(a)
Buildings and uses accessory to permitted uses
(b)
Extensive agriculture
(c)
Home occupations, minor
(d)
Solar energy conversion systems
(e)
Wind energy conversion systems, micro
(3)
Discretionary Uses
(a)
Amusement establishment, outdoor
(b)
Auctioneering establishments
(c)
Automotive and equipment repair shop
(d)
Automotive and recreational vehicle sales/rentals establishment
(e)
Bed and breakfast establishments
(f)
Buildings and uses accessory to discretionary uses
(g)
Bulk fuel storage and sales
(h)
Cannabis retail sales (Amended as per Bylaw 34-2018)
(i)
Cemeteries
(j)
Commercial uses
(k)
Community halls
(l)
Communication tower facility
(m)
Contractor service, limited
(m)
Contractor service, general
(n)
Country residences, single lot
(o)
Drive-in businesses
(p)
Drive-in restaurants
(q)
Eating and drinking establishment
(r)
Equipment rental establishment
(s)
Extensive recreation
(t)
General retail establishments
(u)
Greenhouses
(v)
Head Shop (Amended as per Bylaw 34-2018)
(w)
Heavy truck and equipment storage
(x)
Highway commercial uses
(y)
Indoor recreation facilities
(z)
Industrial vehicle and equipment sales/rentals establishment
8 | land use districts
(aa)
Livestock sales yards
(bb)
Outdoor storage
(cc)
Protective and emergency services
(dd)
Public or quasi-public buildings and uses
(ee)
Public utility buildings and uses
(ff)
Recreation camps
(gg)
Recreational uses
(hh)
Recreational vehicle storage
(ii)
Recycling depots
(jj)
Religious assemblies (formerly Churches)
(kk)
Rural commercial uses
(ll)
Sea cans or shipping containers
(mm) Service stations
(nn)
Surveillance suite
(oo)
Trucking and cartage establishments
(pp)
Vehicle repair establishments
(qq)
Veterinary clinics
(rr)
Warehouse sales establishments
(ss)
Wind energy conversion systems, small
(tt)
Wireless communications facilities
(uu)
Other uses which, in the opinion of the Development Authority, are similar
to the above mentioned permitted and discretionary uses.
(4)
Regulations
(a)
Minimum Lot Area - Permitted Uses - 28.3 ha (70 ac.) except where the lot is
fragmented by a natural or physical barrier.
(b)
Minimum Lot Area - Discretionary Uses - as required by the Development
Authority, unless the lot area is regulated by the Special Provisions
(c)
Minimum Yard Dimensions
(i)
Front - 72 m (240 ft.) from the centre line of the Highway or 40 m
(131 ft.) from the right-of- way, whichever is greater
(ii)
Side - as required by the Development Authority
(iii)
Rear - as required by the Development Authority
(d)
The location of any shelter belt shall be determined by the Development
Authority, and shall conform to the provisions of Sections 6.5, 6.6 and 6.7
8 | land use districts
(5)
Other Regulations
(a)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(b)
Landscaping shall be provided in accordance with Section 6.10 of this Bylaw.
The Development Authority may require landscaping, to their satisfaction, in
the form of fences, berms, vegetation or any other material, at their discretion,
between any development in this District and any adjacent development.
(c)
Grading and drainage of the site shall be provided in accordance with Section
6.10 of this Bylaw.
(d)
Sea cans and shipping containers shall be developed in accordance with
Section 7.28 of this Bylaw.
(e)
Solar energy conversion systems shall be developed in accordance with
Section 7.32 of this Bylaw.
(f)
Wind energy conversion systems shall be developed in accordance with
Sections 7.37 and 7.38 of this Bylaw.
8 | land use districts
8.4 CR - Multi-lot Country Residential District
(1)
General Purpose
The general purpose of this District is to regulate the development of multi-lot
country residential development.
(2)
Permitted Uses
(a)
Buildings and uses accessory to permitted uses
(b)
Day homes
(c)
Home occupations, minor
(d)
Single detached dwellings
(e)
Solar energy conversion systems
(f)
Wind energy conversion systems, micro
(3)
Discretionary Uses
(a)
Buildings and uses accessory to discretionary uses
(b)
Day care facilities
(c)
Extensive agriculture
(d)
Family care facilities
(e)
Garage suites
(f)
Garden suites
(g)
Group care facilities
(h)
Group homes
(i)
Home occupations, major
(j)
In-law suites
(k)
Institutional uses
(l)
Manufactured homes
(m)
Public or quasi-public buildings and uses
(n)
Public parks
(o)
Public utility buildings and uses
(p)
Recreational uses
(q)
Relocated building
(r)
Secondary suites
(s)
Wind energy conversion system, small
(t)
Other uses which, in the opinion of the Development Authority, are similar to
the above mentioned permitted and discretionary uses
(4)
Regulations
(a)
Minimum Lot Area
(i)
Single detached dwellings - 0.4 ha (1.0 ac.)
8 | land use districts
(ii)
For all other uses - as required by the Development Authority
(b)
Minimum Floor Area
(i)
Single detached dwellings - 55 m2 (590 sq. ft.)
(ii)
For all other uses - as required by the Development Authority
(c)
Minimum Yard Requirements
(i)
Single detached dwellings and manufactured homes, from internal
subdivision roads:
(A)
Front - 7.62 m (25 ft.)
(B)
Rear - 7.62 m (25 ft.)
(C)
Side - 6 m (20 ft.)
(ii)
Single detached dwellings and manufactured homes, from the right-of-
way of County road allowances - 40 m (131 ft.)
(d)
Minimum Construction Standards
(i)
Single detached dwellings and manufactured homes must be provided
with sanitary facilities pursuant to Provincial regulations. The
availability and suitability of water on site must be confirmed.
(ii)
All structures requiring a development permit shall conform to the
Safety Codes Act, where applicable.
(e)
Maximum Dwelling Height - two (2) storeys or 10.0 m (32.8 ft.)
(f)
Existing Substandard Lots
Development on existing substandard lots may be considered by the
Development Authority. Furthermore, a variance in side yard dimensions may
be considered by the Development Authority.
(5)
Other Regulations
(a)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(b)
Landscaping shall be provided in accordance with Section 6.10 of this Bylaw.
The Development Authority may require landscaping, to their satisfaction, in
the form of fences, berms, vegetation or any other material, at their discretion,
between any development in this District and any adjacent development.
(c)
Grading and drainage of the site shall be provided in accordance with Section
6.10 of this Bylaw.
(d)
Sea cans and shipping containers shall be developed in accordance with
Section 7.28 of this Bylaw.
8 | land use districts
(e)
Solar energy conversion systems shall be developed in accordance with
Section 7.32 of this Bylaw.
(f)
Wind energy conversion systems shall be developed in accordance with
Sections 7.37 and 7.38 of this Bylaw.
8 | land use districts
8.5 R1A - Low-Density Residential District
(1)
General Purpose
The general purpose of this District is to allow for the development of primarily low
density single detached dwellings, but not manufactured homes, with the possibility
for some duplex development and associated uses within all the Hamlets excluding
the Hamlet of Long Lake, at the discretion of the Development Authority.
(2)
Permitted Uses
(a)
Buildings and uses accessory to permitted uses
(b)
Day homes
(c)
Home occupations, minor
(d)
Single detached dwellings
(e)
Solar energy conversion systems
(f)
Wind energy conversion systems, micro
(3)
Discretionary Uses
(a)
Bed and breakfast establishments
(b)
Buildings and uses accessory to discretionary uses
(c)
Day care facilities
(d)
Duplexes
(e)
Family care facilities
(f)
Garage suites
(g)
Group care facilities
(h)
Group homes
(i)
Home occupations, major
(j)
In-law suites
(k)
Public parks
(l)
Public and quasi-public buildings and uses
(m)
Public utility buildings and uses
(n)
Religious assembly
(o)
Relocated building
(p)
Secondary suites
(q)
Other uses which, in the opinion of the Development Authority, are similar to
the above mentioned permitted and discretionary uses
(4)
Regulations
(a)
Single detached dwellings
8 | land use districts
(i)
Minimum lot requirements relating to single detached dwellings
serviced by both municipal piped water supply and sewage disposal
systems:
(A)
Lot Area - 460.0 m2 (4951.4 sq. ft.)
(B)
Minimum Front Yard - 6.0 m (19.7 ft.)
(C)
Minimum Rear Yard - 9.0 m (29.5 ft.)
(D)
Minimum Side Yard (interior lot with rear lane access or
attached garage) - 1.5 m (4.9 ft.)
(E)
Minimum Side Yard (corner lot) - 4.5 m (14.8 ft.) for yard
abutting road
(F)
Minimum Side Yard (in laneless subdivisions where no
attached garage is provided) - one side yard shall be a
minimum of 3.0 m (9.8 ft.)
(ii)
Minimum lot requirements relating to single detached dwellings not
serviced by both municipal piped water supply and sewage disposal
systems shall be at the discretion of the Development Authority.
(iii)
Maximum Lot Coverage - 40%
Of the 40% site coverage, a maximum of 15% of the total site may
be covered by accessory buildings.
(iv)
Maximum Dwelling Height - two (2) storeys or 10 m (32.8 ft.)
(v)
Parking spaces shall not be located in the front yard unless otherwise
allowed by the Development Authority.
(b)
Duplexes
(i)
Minimum lot requirements
(A)
Lot Area
(1)
"Up-and-down" duplexes - 570.0 m2 (6135.4 sq. ft.),
provided the combined floor area of the two dwelling
units does not exceed 190.0 m2 (2045.1 sq. ft.)
(2)
"Side-by-side" duplexes - 670.0 m2 (7211.8 sq. ft.) or
740.0 m2 (7965.3 sq. ft.) if on a corner lot
(B)
Minimum floor space per dwelling unit - 55.0 m2 (592.0 sq.
ft.)
(C)
Yards
(1)
Minimum Front Yard - 6.0 m (19.7 ft.)
(2)
Minimum Rear Yard - 9.0 m (29.5 ft.)
(3)
Minimum Side Yard (interior lot with rear lane access)
- 1.5 m (4.9 ft.)
8 | land use districts
(4)
Minimum Side Yard (corner lot) - 4.5 m (14.8 ft.) for
yard abutting road
(i)
Maximum Dwelling Height - two (2) storeys or 10 m (32.8 ft.)
(c)
All Other Uses - As required by the Development Authority
(1)
Other Regulations
(a)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(b)
Landscaping shall be provided in accordance with Section 6.10 of this Bylaw.
The Development Authority may require landscaping, to their satisfaction, in
the form of fences, berms, vegetation or any other material, at their discretion,
between any development in this District and any adjacent development.
(c)
Grading and drainage of the site shall be provided in accordance with Section
6.10 of this Bylaw.
(d)
Sea cans and shipping containers shall be developed in accordance with
Section 7.28 of this Bylaw.
(e)
Solar energy conversion systems shall be developed in accordance with
Section 7.32 of this Bylaw.
(f)
Wind energy conversion systems shall be developed in accordance with
Section 7.37 of this Bylaw.
8 | land use districts
8.6 R1B - Low-Density Residential District
(1)
General Purpose
The general purpose of this District is to allow for the development of primarily low
density single detached dwellings while allowing for the development of
manufactured homes and other associated uses within all the Hamlets excluding the
Hamlet of Long Lake, at the discretion of the Development Authority.
(2)
Permitted Uses
(a)
Buildings and uses accessory to permitted uses
(b)
Day homes
(c)
Home occupations, minor
(d)
Single detached dwellings
(e)
Solar energy conversion systems
(f)
Wind energy conversion systems, micro
(3)
Discretionary Uses
(a)
Bed and breakfast establishments
(b)
Buildings and uses accessory to discretionary uses
(c)
Day care facilities
(d)
Duplexes
(e)
Family care facilities
(f)
Garage suites
(g)
Group care facilities
(h)
Group homes
(i)
Home occupations, major
(j)
In-law suites
(k)
Manufactured homes
(l)
Public parks
(m)
Public and quasi-public buildings and uses
(n)
Public utility buildings and uses
(o)
Religious assembly
(p)
Relocated building
(q)
Secondary suites
(r)
Other uses which, in the opinion of the Development Authority, are similar to
the above mentioned permitted and discretionary uses
(4)
Regulations
(a)
Single detached dwellings
8 | land use districts
(i)
Minimum lot requirements relating to single detached dwellings
serviced by both municipal piped water supply and sewage disposal
systems:
(A)
Lot Area - 460.0 m2 (4951.4 sq. ft.)
(B)
Minimum Front Yard - 6.0 m (19.7 ft.)
(C)
Minimum Rear Yard - 9.0 m (29.5 ft.)
(D)
Minimum Side Yard (interior lot with rear lane access or
attached garage) - 1.5 m (4.9 ft.)
(E)
Minimum Side Yard (corner lot) - 4.5 m (14.8 ft.) for yard
abutting road
(F)
Minimum Side Yard (in laneless subdivisions where no
attached garage is provided) - one side yard shall be a
minimum of 3.0 m (9.8 ft.)
(ii)
Minimum lot requirements relating to single detached dwellings not
serviced by both municipal piped water supply and sewage disposal
systems shall be at the discretion of the Development Authority.
(iii)
Maximum Lot Coverage - 40%
Of the 40% site coverage, a maximum of 15% of the total site may
be covered by accessory buildings.
(iv)
Maximum Dwelling Height - two (2) storeys or 10 m (32.8 ft.)
(v)
Parking spaces shall not be located in the front yard unless otherwise
allowed by the Development Authority.
(b)
Manufactured Homes
(i)
Minimum Floor Area - 95.0 m2 (1022.6 sq. ft.)
(c)
Duplexes
(i)
Minimum lot requirements
(A)
Lot Area
(1)
"Up-and-down" duplexes - 570.0 m2 (6135.4 sq. ft.),
provided the combined floor area of the two dwelling
units does not exceed 190.0 m2 (2045.1 sq. ft.)
(2)
"Side-by-side" duplexes - 670.0 m2 (7211.8 sq. ft.) or
740.0 m2 (7965.3 sq. ft.) if on a corner lot
(B)
Minimum floor space per dwelling unit - 55.0 m2 (592.0 sq.
ft.)
(C)
Yards
(1)
Minimum Front Yard - 6.0 m (19.7 ft.)
8 | land use districts
(2)
Minimum Rear Yard - 9.0 m (29.5 ft.)
(3)
Minimum Side Yard (interior lot with rear lane access)
- 1.5 m (4.9 ft.)
(4)
Minimum Side Yard (corner lot) - 4.5 m (14.8 ft.) for
yard abutting road
(ii)
Maximum Dwelling Height - two (2) storeys or 10 m (32.8 ft.)
(d)
All Other Uses - As required by the Development Authority
(1)
Other Regulations
(a)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(b)
Landscaping shall be provided in accordance with Section 6.10 of this Bylaw.
The Development Authority may require landscaping, to their satisfaction, in
the form of fences, berms, vegetation or any other material, at their discretion,
between any development in this District and any adjacent development.
(c)
Grading and drainage of the site shall be provided in accordance with Section
6.10 of this Bylaw.
(d)
Sea cans and shipping containers shall be developed in accordance with
Section 7.28 of this Bylaw.
(e)
Solar energy conversion systems shall be developed in accordance with
Section 7.32 of this Bylaw.
(f)
Wind energy conversion systems shall be developed in accordance with
Section 7.37 of this Bylaw.
8 | land use districts
8.7 R2 - Medium-Density Residential District
(1)
General Purpose
The general purpose of this District is to allow for the development of medium
density dwellings and other associated uses within the Hamlets, excluding the Hamlet
of Long Lake, at the discretion of the Development Authority.
(2)
Permitted Uses
(a)
Buildings and uses accessory to permitted uses
(b)
Day homes
(c)
Duplexes
(d)
Home occupations, minor
(e)
Row housing
(3)
Discretionary Uses
(a)
Apartments
(b)
Bed and breakfast establishments
(c)
Buildings and uses accessory to discretionary uses
(d)
Day care facilities
(e)
Family care facilities
(f)
Group care facilities
(g)
Group homes
(h)
Home occupations, major
(i)
In-law suites
(j)
Public parks
(k)
Public and quasi-public buildings and uses
(l)
Public utility buildings and uses
(m)
Religious assembly
(n)
Secondary suites
(o)
Solar energy conversion systems
(p)
Wind energy conversion systems, micro
(q)
Other uses which, in the opinion of the Development Authority, are similar to
the above mentioned permitted and discretionary uses
(4)
Regulations
(a)
Duplexes, Row Housing and Apartments
(i)
Minimum lot requirements
(A)
Lot Area
Land Use Bylaw
8 | land use districts
(1)
"Up-and-down" duplexes - 570.0 m2 (6135.4 sq. ft.),
provided the combined floor area of the two dwelling
units does not exceed 190.0 m2 (2045.1 sq. ft.)
(2)
"Side-by-side" duplexes - 670.0 m2 (7211.8 sq. ft.) or
740.0 m2 (7965.3 sq. ft.) if on a corner lot
(3)
Row Housing - 929.0 m2 (9999.7 sq. ft.)
(4)
Apartments - 1300.0 m2 (13,993.7 sq. ft.)
(B)
Minimum floor space per dwelling unit - 55.0 m2 (592.0 sq.
ft.)
(C)
Yards
(1)
Minimum Front Yard - 6.0 m (19.7 ft.)
(2)
Minimum Rear Yard - 9.0 m (29.5 ft.)
(3)
Minimum Side Yard (interior lot with rear lane access)
- 1.5 m (4.9 ft.)
(4)
Minimum Side Yard (corner lot) - 4.5 m (14.8 ft.) for
yard abutting road
(ii)
Maximum Lot Coverage - 40%
Of the 40% site coverage, a maximum of 15% of the total site may
be covered by accessory buildings.
(iii)
Maximum Density for Row Housing - 5.7 dwelling units per ha (14.1
per ac.)
(iv)
Maximum Density for Apartments - 12.2 dwelling units per ha (30.2
per ac.)
(v)
Maximum Dwelling Height - two storeys or 10 m (32.8 ft.)
(c)
All Other Uses - As required by the Development Authority
(1)
Other Regulations
(a)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(b)
Landscaping shall be provided in accordance with Section 6.10 of this Bylaw.
The Development Authority may require landscaping, to their satisfaction, in
the form of fences, berms, vegetation or any other material, at their discretion,
between any development in this District and any adjacent development.
(c)
Grading and drainage of the site shall be provided in accordance with Section
6.10 of this Bylaw.
8 | land use districts
(d)
Sea cans and shipping containers shall be developed in accordance with
Section 7.28 of this Bylaw.
(e)
Solar energy conversion systems shall be developed in accordance with
Section 7.32 of this Bylaw.
(f)
Wind energy conversion systems shall be developed in accordance with
Section 7.37 of this Bylaw.
8 | land use districts
8.8 RL - Long Lake Residential District
(1)
General Purpose
The general purpose of this District is to provide for specific land use regulations for
residential developments and associated uses in the Hamlet of Long Lake.
(2)
Permitted Uses
(a)
Single detached dwellings
(3)
Discretionary Uses
(a)
Buildings and uses accessory to permitted uses
(b)
Home occupations, major
(c)
Home occupations, minor
(d)
Solar energy conversion systems
(e)
Wind energy conversion systems, micro
(f)
Recreational vehicle (Park Models only)
(4)
Regulations
(a)
Minimum Floor Area - 55.0 m2 (590 sq. ft.)
(b)
Maximum Dwelling Height - two (2) storeys or 10 m (32.8 ft.)
(c)
Notwithstanding any other provisions of this Bylaw to the contrary,
manufactured homes shall not be permitted within this District as either
dwellings, main buildings or accessory buildings
(d)
Maximum Lot Coverage - 40%
Of the 40% site coverage, a maximum of 15% of the total site may be covered
by accessory buildings.
(e)
Minimum Yards
(i)
Front - 7.5 m (25 ft.)
(ii)
Side - 10% of the lot width, but not less than 1.5 m (4.9 ft.)
Corner lot - 4.5 m (15 ft.) on side yard abutting a road
(iii)
Rear - 7.5 m (25 ft.)
(f)
Accessory Buildings
(i)
Accessory buildings shall conform to the regulations of Section 6.1 of
this Bylaw.
8 | land use districts
(ii)
Sea cans and shipping containers shall not be allowed within this
District.
(g)
Special Considerations
(i)
In addition to the submission requirements described within this
Bylaw, any application for a development permit within this District
shall include plans and specifications, to the County's satisfaction, of
an on-site sewage collection and disposal system designed to dispose
of all effluent by utilizing a County managed collection and transport
service.
(ii)
Construction of the exterior of any building must be completed within
one (1) year of from the development permit approval date.
(iii)
An on-site sewage disposal system, including a sealed pump-out
holding tank, must be installed prior to occupation of any dwelling.
(iv)
Before any development is approved, the County shall have in place,
fully operational, and approved by appropriate Provincial regulators, a
method for the off-site disposal of all sewage effluent to a location
which is adequate to accommodate and dispose of all sewage from all
existing and proposed residential development.
(v)
All development within this district must conform to the policies
established in the Long Lake Area Structure Plan.
(5)
Other Regulations
(a)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(b)
Landscaping shall be provided in accordance with Section 6.10 of this Bylaw.
The Development Authority may require landscaping, to their satisfaction, in
the form of fences, berms, vegetation or any other material, at their discretion,
between any development in this District and any adjacent development.
(c)
Grading and drainage of the site shall be provided in accordance with Section
6.10 of this Bylaw.
(d)
Solar energy conversion systems shall be developed in accordance with
Section 7.32 of this Bylaw.
(e)
Wind energy conversion systems shall be developed in accordance with
Section 7.37 of this Bylaw.
8 | land use districts
8.9 RHB - Residential Home Business District
(1)
General Purpose
The general purpose of this District is to provide for un-serviced low density
residential development with limited secondary commercial uses.
(2)
Permitted Uses
(a)
Single detached dwellings
(b)
Accessory buildings and uses
(c)
Home occupations, major
(d)
Home occupations, minor
(e)
Solar energy conversion systems
(f)
Wind energy conversion systems, micro
(3)
Discretionary Uses
(a)
Automotive and equipment repair shop
(b)
Contractor service, general
(c)
Contractor service, limited
(d)
Household repair service
(e)
Recreational vehicle campground
(f)
Trucking and cartage establishment
(g)
Veterinary clinic
(h)
Other uses which, in the opinion of the Development Authority, are similar to
the above mentioned permitted and discretionary uses
(4)
Regulations
(a)
Minimum Lot Area - 0.607 ha (1.5 ac.)
(b)
Minimum Length of Front Line - 20.12 m (66 ft.)
(c)
Minimum Lot Depth - 68.58 m (225 ft.)
(d)
Minimum Yard Dimensions
(i)
Front - 7.62 m (25 ft.)
(ii)
Side - 6.0 m (20 ft.)
(iii)
Rear - 6.0 m (20 ft.)
(e)
Minimum Setback from Rural Roads - 40.0 m (131.0 ft.)
(f)
Minimum Floor Area
8 | land use districts
(i)
Single family dwellings - 92.9 m2 (1000 sq. ft.)
(ii)
All other uses - as required by the Development Authority
(g)
Maximum Lot Coverage - 40%
(h)
Maximum Building Height
(i)
Single family dwellings - 9.75 m (32 ft.)
(ii)
Other buildings - 16 m (46 ft.)
(iii)
The above regulations may be varied at the sole discretion of the
Development Authority
(i)
Access
Access to each lot shall be to County standards or such higher standard as
may be required, at the discretion of the Development Authority, to
accommodate vehicular access to the individual site relative to the specific
site use.
(j)
Dwelling Density
(i)
A maximum of one single family dwelling may be located on a
single lot. Operation of a home business without the existence of a
residential building or residential component is not allowed. The
existence of pre-existing business buildings may be considered as
non-conforming use and approved for use as a business, with or
without conditions by the Development Authority.
(ii)
A second dwelling unit may be approved on any lot, at the
discretion of the Development Authority, if it is integrated with the
business component and provided further that the occupant of the
dwelling unit is a substantive participant/employee in the operating
business and the owner of the business resides in a single family
dwelling on the lot.
(iii)
Any dwelling unit which is integrated with the business building or
attached to it must be fully compliant with all Federal, Provincial
and Municipal legislation, regulations and bylaws applicable to that
development.
(k)
Parking and Storage
(i)
Each lot shall be of sufficient size and configuration to
accommodate the parking of at least four passenger vehicles on-
site, in addition to the commercial vehicles and related equipment
that is being proposed for the lot.
(ii)
Parking of commercial vehicles is to be limited to the vehicles
attached to or used in the business approved for each lot.
8 | land use districts
(iii)
The above regulations may vary at the discretion of the
Development Authority.
(iv)
All other site regulations and requirement shall be based upon the
development proposed and shall be at the discretion of the
Development Authority.
(l)
Building Location
(i)
All business buildings and uses and accessory buildings and uses
which involve unsightly storage, noise or other disturbance shall be
located at the rear portion of each lot and shall be sited not less than
10 m (33 ft.) from the residential building on that lot.
(ii)
Business buildings on adjacent lots shall be located next to each
other as much as possible so as to mitigate the impact on residential
uses as illustrated on the following diagram:
Figure 27: Preferred location of business buildings on lots within the RHB District
(m)
Commercial and Industrial Building Specifications
(i)
Commercial and industrial buildings larger than 1021.9 m2 (11,000
sq. ft.) shall have an internal fire suppression system.
(ii)
All commercial and industrial buildings shall have an internal
liquid waste collection system for industrial waste and any liquids
not relating to domestic sewage.
(n)
Signs
(i)
Notwithstanding any other provision of this Bylaw to the contrary,
signs within the RHB District shall be developed in accordance
with the regulations in this Subsection.
(ii)
All signs on lots within this District shall related to the business
carried on within the lot on which the sign is located.
8 | land use districts
(iii)
No sign shall be larger than 11.6 m2 (145 sq. ft.).
(iv)
No sign shall be located less than 1.5 m (5 ft.)
(v)
The development of all signs must include landscaping to the
satisfaction of the Development Authority
(vi)
The design, placement and scale of signs shall be to the satisfaction
of the Development Authority.
(o)
Landscaping and Fencing
(i)
In the development of each lot, trees and natural screening shall be
retained between the residential and business buildings wherever
possible, in order to attenuate noise, odours and dust. The same
buffering between adjoining lots is also strongly encourage.
(ii)
Fences shall not exceed 2.0 m (6.5 ft.) in height, unless, for security
reasons, a higher fence is approved by the Development Authority
at his/her sole discretion.
(iii)
The clearing of vegetation on lots outside of building envelopes
and storage areas is discouraged.
(iv)
Proposals for the development of each lot shall include a site
drainage plan designed to ensure that harmful materials are
prevented from entering into the near-surface water table or onto
neighbouring properties.
(v)
Unsightly outdoor storage and equipment shall be appropriately
screened so as not to unduly reduce the aesthetics of the
neighbourhood. The discretion of fencing and screening
requirements shall rest with the Development Authority.
(p)
Keeping of Animals
(i)
The keeping of animals is limited to domestic pets and animals for
personal use only.
(ii)
The keeping of animals within this District shall not interfere with
or adversely affect the quality of life for adjoining owners and
residents.
(q)
Overall Lot Density and Re-Subdivision
A maximum of fifteen (15) lots shall be allowed in this District. Any
future re-division of any lot to compartmentalized units, such as
condominium units, that is compatible with the original concept and land
uses, may be entertained by the Development Authority and the County's
Subdivision Authority. An example of such a re-division would be the
creation of individually owned storage units within a larger building on
one of the lots to be created. No condominiumization of land or buildings
shall be for the purposes of multiple residences or multiple businesses on a
single lot within the development.
8 | land use districts
(r)
Building Materials
Fire resistant materials and standards are encouraged for exterior finishes
where possible.
8 | land use districts
8.10
RCC - Residential Cluster Conservation District
(1)
General Purpose
The general purpose of this District is to regulate the development of low-impact
multi-lot residential subdivision and development or bare land condominiums in
environmentally appropriate locations. Within this District, the preferred style of
residential development will be cluster conservation developments.
(2)
Permitted Uses
(a)
Buildings and uses accessory to permitted uses
(b)
Day homes
(c)
Garage suites
(d)
Home occupations, minor
(d)
Single detached dwelling
(e)
Solar energy conversion systems
(f)
Wind energy conversion systems, micro
(3)
Discretionary Uses
(a)
Bed and breakfast establishments
(b)
Buildings and uses accessory to permitted uses
(c)
Day care facilities
(d)
Family care facilities
(e)
Garage Suites
(f)
Garden suites
(g)
Group care facilities
(h)
Group Homes
(i)
Family Care Facilities
(j)
Home occupations, major
(k)
In-law suites
(l)
Manufactured homes
(m)
Public parks
(n)
Public utility buildings and uses
(o)
Wind energy conversion systems, small
(p)
Other uses which, in the opinion of the Development Authority, are similar to
the above mentioned permitted and discretionary uses
(4)
Regulations
(a)
Minimum and Maximum Lot Area
8 | land use districts
Unless otherwise stated in an approved Development Concept Plan of
Area Structure Plan, the minimum and maximum lot dimensions for
residential uses shall be as follows:
(g)
Minimum Lot Area
(A)
Single Detached Residential - 0.303 ha (0.75 ac.)
(B)
Single Detached Cluster Residential - At the discretion of
the Development Authority
(C)
Other Uses - At the discretion of the Development
Authority
(ii)
Maximum Lot Area
(A)
Single Detached Residential - 4.04 ha (10.0 ac.)
(B)
Single Detached Cluster Residential - 0.2 ha (0.5 ac.)
(C)
Other Uses - At the discretion of the Development
Authority
(iii)
Maximum Density
(A)
Single Detached Residential - 1.54 dwellings per net ha
(0.6 dwellings per net ac.)
(B)
Single Detached Cluster Residential - 2.47 dwellings per
net ha (1.0 dwelling per net ac.)
(C)
Other Uses - At the discretion of the Development
Authority
(b)
Minimum Frontage Requirement - 30.5 m (100 ft.)or as required by the
Development or Subdivision Authority
(c)
Minimum Ground Floor Area for Residential Uses
Unless otherwise stated is an approved Development Concept Plan or Area
Structure Plan, the minimum ground floor area for residential
developments shall be as follows:
(a)
Within 304.80m (1000 ft.) of a lake -55.74 m2 (600 sq. ft.)
(b)
All other parcels for single detached dwellings - 69.7 m2 (750 sq.
ft.)
(c)
All other parcels for manufactured home units - 65.0 m2 (700 sq.
ft.)
(d)
Minimum Floor Area for Other Uses - At the discretion of the
Development Authority
(e)
Minimum Yard Dimensions
8 | land use districts
It should be noted that adjacent to Provincial Highways, Alberta
Transportation may require greater setbacks for development. Contact
Alberta Transportation regarding their requirements in this regard.
(i)
Minimum Front Yards
(A)
From County road allowances - 40.0 m (131 ft.) from the
property line
(B)
From Highways - 40.84 m (134 ft.) from the boundary of the
right-of-way
(C)
From internal subdivision road - 7.62 m (25 ft.) from the
property line
(ii)
Minimum Side Yards
(A)
From County road allowances - 18.3 m (92 ft.) from the
property line
(B)
From Highways - 40.84 m (134 ft.) from the boundary of the
right-of-way
(C)
When adjacent to an internal subdivision road - 7.62 m (25
ft.) from the property line
(D)
When adjacent to another parcel - 1.52 m (5.0 ft.) from the
property line
(iii)
Minimum Rear Yards
(A)
From County road allowances - 18.3 m (92 ft.) from the
property line
(B)
From Highways - 40.84 m (134 ft.) from the boundary of the
right-of-way
(C)
When adjacent to an internal subdivision road - 7.62 m (25
ft.) from the property line
(D)
When adjacent to another parcel - 7.62 m (25 ft.) from the
property line
(iv)
Notwithstanding subsections (i), (ii) and (iii) above, where there is an
intersection or sharp curve, the minimum yard requirements of
Sections 6.6 and 6.7 of this Bylaw shall apply
(f)
Maximum Site Coverage - 45%
Of the 45% site coverage, a maximum of 15% of the total site may be
covered by accessory buildings.
(g)
Maximum Height
(i)
11.0 m (36.1 ft.)
(ii) In the case of buildings which are accessory to discretionary uses, the
maximum height shall be at the discretion of the Development
Authority.
8 | land use districts
(5)
Other Regulations
(a)
Residential parcels will not be allowed:
(i)
within required setbacks from a sewage treatment plant or lagoon
or solid waste disposal site as specified by the appropriate
guidelines or authority;
(ii)
within required setbacks from sour gas wells, pipelines and
ancillary facilities;
(iii)
within an area likely to be subjected to high levels of noise or
emissions from industry, transportation facilities or other sources;
or
(iv)
within a 1 in 100 year flood plain.
(b)
A development permit for a dwelling shall be issued only on condition that
approval of the proposed sewage disposal system is received in accordance
with provincial regulations.
(c)
Development proposals adjacent to a primary highway shall comply with
any relevant provincial regulations.
(d)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(e)
Landscaping shall be provided in accordance with Section 6.10 of this
Bylaw. The Development Authority may require landscaping, to their
satisfaction, in the form of fences, berms, vegetation or any other material,
at their discretion, between any development in this District and any
adjacent development.
(f)
Grading and drainage of the site shall be provided in accordance with
Section 6.10 of this Bylaw.
(g)
Solar energy conversion systems shall be developed in accordance with
Section 7.32 of this Bylaw.
(h)
Wind energy conversion systems shall be developed in accordance with
Sections 7.37 of this Bylaw.
8 | land use districts
8.11
RMH1 - Residential Manufacture Home Park District
(1)
General Purpose
The general purpose of this District is to permit and regulate manufactured home
parks wherein stalls are provided on a rental basis.
(2)
Permitted Uses
(a)
Buildings and uses accessory to permitted uses
(b)
Home occupations, minor
(c)
Manufactured homes
(d)
Public parks
(3)
Discretionary Uses
(a)
Buildings and uses accessory to discretionary uses
(b)
Day care facilities
(c)
Day homes
(d)
Home occupations, major
(e)
Manufactured home parks
(f)
Public or quasi-public buildings and uses
(g)
Public utility buildings and uses
(h)
Solar energy conversion systems
(i)
Wind energy conversion systems, micro
(j)
Other uses which, in the opinion of the Development Authority, are similar to
the above mentioned permitted and discretionary uses
(4)
Regulations
(a)
Maximum Building Heights
(i)
Manufactured homes - 4.5 m (15 ft.)
(ii)
Accessory buildings - 4.5 m (15 ft.)
(iii)
Other uses - as approved by the Development Authority
(b)
Maximum Density - twenty (20) manufactured home units per ha (8 units/ac.)
(c)
Minimum Areas
(i)
Manufactured home park - 2.02 ha (5 ac.)
(ii)
Manufactured home stall - 464.5 m2 (5000.0 sq. ft.)
(iii)
Minimum Yards within stalls - 3.0 m (10 ft.)
(iv)
Maximum stall coverage
8 | land use districts
(A)
Manufactured home - 23%
(B)
Accessory uses - 12%
(C)
Other uses - as approved by the Development Authority
(5)
Other Regulations
(a)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(b)
Landscaping shall be provided in accordance with Section 6.10 of this Bylaw.
The Development Authority may require landscaping, to their satisfaction, in
the form of fences, berms, vegetation or any other material, at their discretion,
between any development in this District and any adjacent development.
(c)
Grading and drainage of the site shall be provided in accordance with Section
6.10 of this Bylaw.
(d)
Solar energy conversion systems shall be developed in accordance with
Section 7.32 of this Bylaw.
(e)
Wind energy conversion systems shall be developed in accordance with
Section 7.37 of this Bylaw.
8 | land use districts
8.12
RMH2 - Residential Manufactured Home Subdivision District
(1)
General Purpose
The general purpose of this District is to allow for the development of primarily
manufactured homes on individual lots while allowing other associated uses at the
discretion of the Development Authority.
(2)
Permitted Uses
(a)
Buildings and uses accessory to permitted uses
(b)
Home occupations, minor
(c)
Manufactured homes
(3)
Discretionary Uses
(a)
Buildings and uses accessory to discretionary uses
(b)
Day care facilities
(c)
Day homes
(d)
Home occupations, major
(e)
Public parks
(f)
Public or quasi-public buildings and uses
(g)
Public utility buildings and uses
(h)
Religious assembly
(i)
Solar energy conversion systems
(j)
Wind energy conversion systems, micro
(k)
Other uses which are, in the opinion of the Development Authority, similar to
the above-listed permitted and discretionary uses
(4)
Regulations
(a)
Manufactured homes
(i)
Minimum lot requirements relating to manufactured homes:
(A)
Lot Area - 460.0m2 (4951.4 sq. ft.)
(B)
Lot Width - 12.2 m (40.0 ft.)
(C)
Lot Depth - 41.0 m (134.5 ft.)
(D)
Front Yard - 6.0 m (19.7 ft.)
(E)
Rear Yard - 6.0 m (19.7 ft.)
(F)
Side Yard - 1.5 m (4.9 ft.)
(F)
Side Yard (corner lot) - 4.5 m (14.8 ft.) for yard
abutting road
8 | land use districts
(G)
Side Yard (in laneless subdivisions where no
attached garage is provided) - one side yard shall be a
minimum of 3.0 m (9.8 ft.)
(H)
Floor Area - 78.0 m2 (839.6 sq. ft.)
(ii)
Maximum lot coverage:
(A)
Dwellings - 40%
(B)
Accessory buildings -15%
(iii)
Maximum height - one (1) storey (4.5 m (14.8 ft.))
(iv)
Parking spaces shall not be located in the front yard unless otherwise
allowed by the Development Authority.
(b)
All other uses - as required by the Development Authority.
(5)
Other Regulations
(a)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(b)
Landscaping shall be provided in accordance with Section 6.10 of this Bylaw.
The Development Authority may require landscaping, to their satisfaction, in
the form of fences, berms, vegetation or any other material, at their discretion,
between any development in this District and any adjacent development.
(c)
Grading and drainage of the site shall be provided in accordance with Section
6.10 of this Bylaw.
(d)
Solar energy conversion systems shall be developed in accordance with
Section 7.32 of this Bylaw.
(e)
Wind energy conversion systems shall be developed in accordance with
Section 7.37 of this Bylaw.
8 | land use districts
8.13
C1 - Central Hamlet Commercial District
(1)
General Purpose
The general purpose of this District is to permit commercial development appropriate
to the historical downtown commercial districts within the Hamlets.
(2)
Permitted Uses
(a)
Buildings and uses accessory to permitted uses
(b)
Amusement establishment, indoor
(c)
Business support services establishments
(d)
Commercial uses
(e)
Eating and drinking establishments
(f)
General retail establishments
(g)
Government services
(h)
Health services
(i)
Household repair services
(j)
Institutional uses
(k)
Libraries and cultural exhibits
(l)
Office uses
(m)
Off-street parking lots
(n)
Personal services shops
(o)
Public and quasi-public buildings and uses
(p)
Public education facility
(q)
Public parks
(r)
Public utility buildings and uses
(s)
Solar energy conversion systems
(3)
Discretionary Uses
(a)
Auctioneering establishments
(b)
Cannabis retail sales (Amended as per Bylaw 34-2018)
(c)
Contractor services, limited
(d)
Day care facilities
(e)
Drinking establishments
(f)
Entertainment establishments
(g)
Equipment rental establishment
(h)
Head shop (Amended as per Bylaw 34-2018)
(i)
Hotels
(j)
Service stations
(k)
Residential uses secondary to permitted or discretionary uses
(l)
Other uses which are, in the opinion of the Development Authority, similar to
the above-listed permitted and discretionary uses
8 | land use districts
(4)
Regulations
(a)
Minimum Lot Area - 167.2 m2 (1800 sq. ft.)
(b)
Minimum Lot Width - 4.5 m (14.8 ft.)
(c)
Minimum Yards
(i)
Front - None, except where the Development Authority may deem it
necessary to conform to existing development
(ii)
Side - None, if the subject lot is bordered on both sides by land
classified C1. However, where a side yard is provided, it shall not be
less than 1.5 m (4.9 ft.). If the subject lot is bordered by a Residential
District, the minimum side yard shall be 1.5 m (4.9 ft.)
(iii)
Rear - 7.5 m (25 ft.), or as required by the Development Authority
(d)
Maximum Site Coverage
Eighty percent (80%), provided that provision has been made for on-site
parking, loading, storage and waste disposal to the satisfaction of the
Development Authority.
(e)
Special Considerations
Where more than one use is to be built on a single lot or grouping of lots,
regulations shall be determined by the Development Authority, who shall deal
with the overall scheme, taking into account buildings, access, parking and
specific commercial uses.
(f)
No use is to be established that is or will become obnoxious by way of odour,
noise, dust or fumes.
(5)
Other Regulations
(a)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(b)
Landscaping shall be provided in accordance with Section 6.10 of this Bylaw.
The Development Authority may require landscaping, to their satisfaction, in
the form of fences, berms, vegetation or any other material, at their discretion,
between any development in this District and any adjacent development.
(c)
Grading and drainage of the site shall be provided in accordance with Section
6.10 of this Bylaw.
8 | land use districts
(d)
Solar energy conversion systems shall be developed in accordance with
Section 7.32 of this Bylaw.
8 | land use districts
8.14
C2 - Large-lot Commercial District
(1)
General Purpose
The general purpose of this District is to allow for a wider range of retail and service
establishments to serve residents of the community and the trading area, including
those uses which generally require larger land sites.
(2)
Permitted Uses
(a)
Buildings and uses accessory to permitted uses
(b)
Business support services establishments
(c)
Eating and drinking establishments
(d)
General retail establishments
(e)
Government services
(f)
Health services
(g)
Household repair services
(h)
Indoor amusement establishments
(i)
Institutional uses
(j)
Library or cultural exhibits
(k)
Office uses
(l)
Personal service shops
(m)
Public parks
(n)
Public or quasi-public buildings
(o)
Public or quasi-public uses
(p)
Public utility buildings and uses
(q)
Solar energy conversion systems
(r)
Warehouse sales establishments
(s)
Wind energy conversion systems, micro
(3)
Discretionary Uses
(a)
Animal hospitals
(b)
Auto wreckers
(c)
Buildings and uses accessory to discretionary uses
(d)
Commercial use
(e)
Drinking establishments
(f)
Entertainment establishments
(g)
Equipment rental establishments
(h)
Hotels
(i)
Motels
(j)
Outdoor amusement establishments
(k)
Recreational uses
(l)
Sea cans and shipping containers
8 | land use districts
(m)
Service stations
(n)
Small radio communications towers
(o)
Surveillance suites
(p)
Veterinary clinics
(q)
Wind energy conversion systems, small
(r)
Wireless communications facilities
(s)
Other uses which, in the opinion of the Development Authority, are similar to
the above mentioned permitted and discretionary uses
(4)
Subdivision Regulations
(a)
Minimum Site Area - the minimum site area shall be sufficient, in the opinion
of the Development and Subdivision Authority, to accommodate the proposed
use.
(5)
Development Regulations
(a)
The siting and architectural appearance of all developments and the
landscaping of the site shall be to the satisfaction of the Development
Authority in order that there shall be general conformity in such matters
with adjacent developments and that there may be adequate protection
afforded to the amenities of any adjacent residential uses.
(b)
Maximum Site Coverage - 50%, provided that adequate provision is made,
in the opinion of the Development Authority, for access, parking, loading
and garbage facilities.
(c)
Minimum Required Front, Side and Rear Yards
(i)
Minimum front yard - 15.0 m (49.8 ft.), except that the
Development Authority may increase or decrease this requirement,
at their discretion, depending on the site and use characteristics and
whether parking and loading requirements are to be met on site. If
no parking in the front yard is provided, a minimum front yard of
7.6 m (24.9 ft.) will be provided.
(ii)
Minimum rear yard - 6.0 m (19.7 ft.), except that upper levels of
the building may extend to the rear line, and further excepting that
the minimum rear yard on any lot adjacent to a Residential District
shall be 7.5 m (24.6 ft.) at all levels. If no parking in the rear yard is
provided, a minimum rear yard of 7.6 m (24.9 ft.) when adjacent to
a Residential District; otherwise, 6.0 m (19.7 ft.) at the level of the
first story of the development. Upper storeys of a development may
extend to the rear line except in a site abutting a Residential
8 | land use districts
District. Where not adjacent to a Residential District, the minimum
required rear yard may be reduced to 1.5 m (4.9 ft.) provided, in the
opinion of the Development Authority, the location of the buildings
and the appearance of the site would be improved.
(iii)
Minimum side yard - None, unless the lot is adjacent to a
Residential District, in which case a minimum side yard of 2.5 m
(8.2 ft.) or one-half the height of the highest building on the lot,
whichever is the greater, shall be required. If no side yard is
provided the minimum required side yard shall be 10% of the width
of the site or 4.0 m (13.1 ft.), whichever is the less. The minimum
required side yard may be reduced to 1.5 m (4.9 ft.) provided, in the
opinion of the Development Authority, the location of buildings
and the appearance of the site would be improved.
(iv)
Corner and double fronting sites shall provide side yards as
provided pursuant to Section 6.3 of this Bylaw.
(d)
Regulations Where No Yard is Provided
(i)
Where developments are proposed which are allowed to have no
yard, the other regulations of the District in which the development
is proposed shall apply.
(ii)
Prior to the approval of any development with no yard, in addition
to the submission requirements of Section 2.6 of this Bylaw, plans
showing grading and drainage on adjacent sites must be submitted
and must be deemed acceptable to the Development Authority
(iii)
Easements Required
Where no yard is permitted, an easement shall be provided on the
lot abutting that yard for the maintenance of all principal and
accessory buildings and for any overhang of principal or accessory
buildings onto that adjacent lot. The Development Authority may
require that an easement be registered against the title of the
affected lot.
(e)
Maximum Height - 11.0 m (36.1 ft.) or 3 storeys, whichever is the greater.
(f)
Outdoor Storage
Outdoor storage shall be allowed in the C2 District, but only as an
accessory use to a permitted or a discretionary use which is allowed.
8 | land use districts
(6)
Other Regulations
(a)
Development proposals adjacent to a Highway shall comply with any relevant
provincial regulations or setbacks required by Alberta Transportation.
(b)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(c)
Landscaping shall be provided in accordance with Section 6.10 of this Bylaw.
The Development Authority may require landscaping, to their satisfaction, in
the form of fences, berms, vegetation or any other material, at their discretion,
between any development in this District and any adjacent development.
(d)
Grading and drainage of the site shall be provided in accordance with Section
6.10 of this Bylaw.
(e)
Sea cans and shipping containers shall be developed in accordance with
Section 7.28 of this Bylaw.
(f)
Solar energy conversion systems shall be developed in accordance with
Section 7.32 of this Bylaw.
(g)
Wind energy conversion systems shall be developed in accordance with
Sections 7. 37 and 7.38 of this Bylaw.
8 | land use districts
8.15
M1 - Rural Industrial District
(1)
General Purpose
The general purpose of this District is to provide land for rural industries in locations
which can be serviced efficiently and which will not conflict with agriculture or
residential land uses.
(2)
Permitted Uses
(a)
Animal breeding and/or boarding facilities
(b)
Animal hospitals
(c)
Automotive and equipment repair shops
(d)
Buildings and uses accessory to permitted uses
(e)
Communication Tower Facility
(f)
Equipment rental establishment
(g)
Greenhouse
(h)
Heavy equipment sales and service, repair or storage
(i)
Intensive agriculture
(j)
Light industrial uses
(k)
Public or quasi-public services
(l)
Public parks
(m)
Public utility buildings and uses
(n)
Rural industrial use
(o)
Sea cans and shipping containers
(p)
Solar energy conversion systems
(q)
Transfer station
(r)
Trucking and cartage establishments
(s)
Vehicle repair establishments
(t)
Veterinary clinics
(u)
Warehouse sales establishments
(v)
Wind energy conversion system, micro
(3)
Discretionary Uses
(a)
Auctioneering establishment
(b)
Auto wreckers
(c)
Buildings and uses accessory to discretionary uses
(d)
Bulk fuel storage and sales
(e)
Cannabis Production and Distribution (Amended as per Bylaw 34-2018)
(f)
Cannabis retail sales (Amended as per Bylaw 34-2018)
(g)
Head shop (Amended as per Bylaw 34-2018)
(h)
Natural resource extraction
(i)
Surveillance suite
(j)
Wind energy conversion system, small
(k)
Wind energy conversion system, large
8 | land use districts
(i)
Other uses which, in the opinion of the Development Authority, are similar to
the above mentioned permitted and discretionary uses
(4)
Subdivision Regulations
(a)
Minimum Site Area - at the discretion of the Development Authority
(5)
Development Regulations
(a)
Minimum Yard Dimensions
(i)
Minimum Front Yards
(A)
From County road allowances - 23.1 m (92 ft.) from the
property line
(B)
From Highways - 40.84 m (134 ft.) from the right-of-way
(C)
From internal subdivision roads - 7.62 m (25 ft.) from the
property boundary
(ii)
Minimum Side Yards
(A)
From County road allowances - 18.3 m (60 ft.) from the
property line
(B)
From Highways - 40.84 m (134 ft.) from the right-of-way
(C)
From internal subdivision roads - 7.62 m (25 ft.) from the
property boundary
(iii)
Minimum Rear Yards
(A)
From County road allowances - 18.3 m (60 ft.) from the
property line
(B)
From Highways - 40.84 m (134 ft.) from the right-of-way
(C)
From internal subdivision roads - 7.62 m (25 ft.) from the
property boundary
(iv)
Notwithstanding subsection (i), (ii) and (iii) above, where there is an
intersection or sharp curve, the minimum yard requirements of
Sections 6.6 and 6.7 of this Bylaw shall apply.
(b)
Maximum Site Coverage - 45%
Of the 45% site coverage, a maximum of 15% of the total site may be covered
by accessory buildings.
(c)
Maximum Height - At the discretion of the Development Authority
8 | land use districts
(6)
Other Regulations
(a)
Development proposals adjacent to a Highway shall comply with any relevant
provincial regulations or setbacks required by Alberta Transportation.
(b)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(c)
Landscaping shall be provided in accordance with Section 6.10 of this Bylaw.
The Development Authority may require landscaping, to their satisfaction, in
the form of fences, berms, vegetation or any other material, at their discretion,
between any development in this District and any adjacent development.
(d)
Grading and drainage of the site shall be provided in accordance with Section
6.10 of this Bylaw.
(e)
Sea cans and shipping containers shall be developed in accordance with
Section 7.28 of this Bylaw.
(f)
Solar energy conversion systems shall be developed in accordance with
Section 7.32 of this Bylaw.
(g)
Wind energy conversion systems shall be developed in accordance with
Sections 7.36, 7.37 and 7.38 of this Bylaw.
8 | land use districts
8.16
M2 - Hamlet Industrial District
(1)
General Purpose
The general purpose of this District is to provide opportunities for light and medium
industrial and manufacturing uses appropriate within the Hamlets.
(2)
Permitted Uses
(a)
Buildings and uses accessory to permitted uses
(b)
Contractor services, limited
(c)
Contractor services, general
(d)
Equipment rental establishments
(e)
General retail establishments
(f)
Greenhouses
(g)
Heavy truck and equipment storage
(h)
Household repair services
(i)
Industrial uses, light
(j)
Protective and emergency services
(k)
Public and quasi-public uses
(l)
Public utility buildings and uses
(m)
Sea cans and shipping containers
(n)
Service stations
(o)
Solar energy conversion systems
(p)
Trucking and cartage establishments
(q)
Warehouse sales establishments
(r)
Wind energy conversion systems, micro
(3)
Discretionary Uses
(a)
Amusement establishments, indoor
(b)
Amusement establishments, outdoor
(c)
Animal hospitals
(d)
Auctioneering establishments
(e)
Automotive and equipment repair shops
(f)
Automotive and recreational vehicle sales/rentals establishments'
(g)
Buildings and uses accessory to discretionary uses
(h)
Bulk fuel storage and sales
(i)
Cannabis retail sales (Amended as per Bylaw 34-2018)
(j)
Head shop (Amended as per Bylaw 34-2018)
(k)
Limited contractor services
(l)
Liquor sales and storage facilities
(m)
Recreational uses
(n)
Recreational vehicle storage
(o)
Surveillance suites
(p)
Vehicle repair establishments
8 | land use districts
(q)
Veterinary clinics
(r)
Wind energy conversion systems, small
(s)
Other uses which are, in the opinion of the Development Authority, similar to
the above-listed permitted and discretionary uses
(4)
Regulations
(a)
Minimum Lot Area - as required by the Development Authority
(b)
Minimum Yard Requirements
(i)
Front yards - 9.0 m ( 30 ft.)
(ii)
Side yards - as required by the Development Authority
(iii)
Rear yards - 9.0 m (30 ft.)
(c)
Maximum Lot Coverage - 60%
(d)
Maximum Building Height - 10.7 m (35 ft.)
(e)
Uses and operations within this District shall not cause or permit any external
objectionable or dangerous conditions apparent beyond any building which
houses industrial processes.
(f)
External storage of goods or materials is permitted if kept in a neat and
orderly manner or suitably enclosed by a fence or wall.
(5)
Other Regulations
(a)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(b)
Landscaping shall be provided in accordance with Section 6.10 of this Bylaw.
The Development Authority may require landscaping, to their satisfaction, in
the form of fences, berms, vegetation or any other material, at their discretion,
between any development in this District and any adjacent development.
(c)
Grading and drainage of the site shall be provided in accordance with Section
6.10 of this Bylaw.
(d)
Sea cans and shipping containers shall be developed in accordance with
Section 7.28 of this Bylaw.
(e)
Solar energy conversion systems shall be developed in accordance with
Section 7.32 of this Bylaw.
(f)
Wind energy conversion systems shall be developed in accordance with
Sections 7.37 and 7.38 of this Bylaw.
8 | land use districts
8.17
M3 - Industrial District
(1)
General Purpose
The general purpose of this District is to provide opportunities for light industrial and
manufacturing uses, with heavier industry permitted in approved locations at the
discretion of the Development Authority.
(2)
Permitted Uses
(a)
Animal breeding and/or boarding facilities
(b)
Animal hospitals
(c)
Automotive and equipment repair shops
(d)
Auto wreckers
(e)
Buildings and uses accessory to permitted uses
(f)
Communication tower facility
(g)
Equipment rental establishment
(h)
Greenhouses
(i)
Heavy equipment sales and service, repair or storage
(j)
Intensive agriculture
(k)
Industrial use, light
(l)
Industrial use, rural
(m)
Public or quasi-public services
(n)
Public parks
(o)
Public utility buildings and uses
(p)
Sea cans and shipping containers
(q)
Solar energy collection system
(r)
Transfer station
(s)
Trucking and cartage establishments
(t)
Vehicle repair establishments
(u)
Veterinary clinics
(v)
Warehouse sales establishments
(w)
Wind energy conversion system, micro
(3)
Discretionary Uses
(a)
Auctioneering establishment
(b)
Buildings and uses accessory to discretionary uses
(c)
Bulk fuel storage and sales
(d)
Industrial use, heavy
(e)
Natural resource extraction
(f)
Surveillance suite
(g)
Wind energy conversion system, small
(h)
Wind energy conversion system, large
8 | land use districts
(i)
Other uses which, in the opinion of the Development Authority, are similar to
the above mentioned permitted and discretionary uses
(4)
Subdivision Regulations
(a)
Minimum Site Area - at the discretion of the Development Authority
(5)
Development Regulations
(a)
Minimum Yard Dimensions
(i)
Minimum Front Yards
(A)
From County road allowances - 23.1 m (92 ft.) from the
property line
(B)
From Highways - 40.84 m (134 ft.) from the right-of-way
(C)
From internal subdivision roads - 7.62 m (25 ft.) from the
property boundary
(ii)
Minimum Side Yards
(A)
From County road allowances - 18.3 m (60 ft.) from the
property line
(B)
From Highways - 40.84 m (134 ft.) from the right-of-way
(C)
From internal subdivision roads - 7.62 m (25 ft.) from the
property boundary
(iii)
Minimum Rear Yards
(A)
From County road allowances - 18.3 m (60 ft.) from the
property line
(B)
From Highways - 40.84 m (134 ft.) from the right-of-way
(C)
From internal subdivision roads - 7.62 m (25 ft.) from the
property boundary
(iv)
Notwithstanding subsection (i), (ii) and (iii) above, where there is an
intersection or sharp curve, the minimum yard requirements of
Sections 6.6 and 6.7 of this Bylaw shall apply.
(b)
Maximum Site Coverage - 45%
Of the 45% site coverage, a maximum of 15% of the total site may be covered
by accessory buildings.
(c)
Maximum Height - At the discretion of the Development Authority
8 | land use districts
(6)
Other Regulations
(a)
Development proposals adjacent to a Highway shall comply with any relevant
provincial regulations or setbacks required by Alberta Transportation.
(b)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(c)
Landscaping shall be provided in accordance with Section 6.10 of this Bylaw.
The Development Authority may require landscaping, to their satisfaction, in
the form of fences, berms, vegetation or any other material, at their discretion,
between any development in this District and any adjacent development.
(d)
Grading and drainage of the site shall be provided in accordance with Section
6.10 of this Bylaw.
(e)
Sea cans and shipping containers shall be developed in accordance with
Section 7.28 of this Bylaw.
(f)
Solar energy conversion systems shall be developed in accordance with
Section 7.32 of this Bylaw.
(g)
Wind energy conversion systems shall be developed in accordance with
Sections 7.36, 7.37 and 7.38 of this Bylaw.
8 | land use districts
8.18
PI - Public Institutional District
(1)
General Purpose
The general purpose of this District is to permit development of uses of either a
public or quasi-public nature which provide services to the Hamlets.
(2)
Permitted Uses
(a)
Buildings and uses accessory to permitted uses
(b)
Government services
(c)
Health services
(d)
Institutional uses
(e)
Public parks
(f)
Public or quasi-public buildings and uses
(g)
Public education facilities
(h)
Recreational uses
(i)
Solar energy conversion systems
(j)
Wind energy conversion systems, micro
(3)
Discretionary Uses
(a)
Buildings and uses accessory to discretionary uses
(b)
Cemeteries
(c)
Private clubs
(d)
Sea cans and shipping containers
(e)
Other uses which, in the opinion of the Development Authority, are similar to
those above mentioned permitted and discretionary uses
(4)
Regulations
All site requirements shall be as required by the Development Authority.
(5)
Other Regulations
(a)
Development proposals adjacent to a Highway shall comply with any relevant
provincial regulations or setbacks required by Alberta Transportation.
(b)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(c)
Landscaping shall be provided in accordance with Section 6.10 of this Bylaw.
The Development Authority may require landscaping, to their satisfaction, in
the form of fences, berms, vegetation or any other material, at their discretion,
between any development in this District and any adjacent development.
8 | land use districts
(d)
Grading and drainage of the site shall be provided in accordance with Section
6.10 of this Bylaw.
(e)
Sea cans and shipping containers shall be developed in accordance with
Section 7.28 of this Bylaw.
(f)
Solar energy conversion systems shall be developed in accordance with
Section 7.32 of this Bylaw.
(g)
Wind energy conversion systems shall be developed in accordance with
Section 7.37 of this Bylaw.
8 | land use districts
8.19
UR - Urban Reserve District
(1)
General Purpose
The general purpose of this District is to reserve those lands on the periphery of the
Hamlets which, by their relationship to existing land uses, the main road system and
the established utility systems, may, in time, become suitable for general urban uses.
(2)
Permitted Uses
(a)
Buildings and uses accessory to permitted uses
(b)
Dwellings, single detached - on existing lots only
(c)
Extensive agriculture, but not including any confined feeding operations
(d)
Home occupations, minor
(e)
Solar energy conversion systems
(f)
Wind energy conversion systems, micro
(3)
Discretionary Uses
(a)
Any strictly temporary use or building which, in the opinion of the
Development Authority, will not prejudice the possibility of conveniently and
economically developing the area in the future
(b)
Buildings and uses accessory to discretionary uses
(c)
Garage suites
(d)
Garden suites
(e)
Home occupations, major
(f)
In-law suites
(g)
Public or quasi-public buildings and uses
(h)
Public utility buildings and uses
(i)
Sea cans and shipping containers
(j)
Wind energy conversion systems, small
(k)
Other uses which, in the opinion of the Development Authority, are similar to
those above mentioned permitted and discretionary uses
(4)
Regulations
(a)
No subdivision or development other than for the above uses shall take place
until an overall plan for the area has been approved by Council.
(b)
Relating to Single Detached Dwellings
All regulations shall be as required by the Development Authority
(d)
All confined feeding operations are strictly prohibited.
8 | land use districts
(5)
Other Regulations
(a)
Development proposals adjacent to a Highway shall comply with any relevant
provincial regulations or setbacks required by Alberta Transportation.
(b)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(c)
Landscaping shall be provided in accordance with Section 6.10 of this Bylaw.
The Development Authority may require landscaping, to their satisfaction, in
the form of fences, berms, vegetation or any other material, at their discretion,
between any development in this District and any adjacent development.
(d)
Grading and drainage of the site shall be provided in accordance with Section
6.10 of this Bylaw.
(e)
Sea cans and shipping containers shall be developed in accordance with
Section 7.28 of this Bylaw.
(f)
Solar energy conversion systems shall be developed in accordance with
Section 7.32 of this Bylaw.
(g)
Wind energy conversion systems shall be developed in accordance with
Sections 7.37 and 7.38 of this Bylaw.
8 | land use districts
8.20
DC1 - Private Landfill Direct Control District
(1)
General Purpose
The purpose of this District is to provide for the construction, operation, and
ultimately, closure of, a privately owned Class II Landfill, Recycling Facility, Class I
Compost Facility, and related uses, at a specific location in a manner compatible with
the Municipality's planning objectives, its Municipal Development Plan, site specific
conditions, and surrounding land use.
(2)
Permitted Uses
None
(3)
Discretionary Uses
One or more of the following uses may be made of lands within this District, at the
sole and exclusive discretion of Council:
(a)
Anaerobic digester
(b)
Class II landfill
(c)
Class I compost facility
(d)
Class II compost facility
(e)
Recycling facility
(f)
Closure or transitional use
(g)
Sludge treatment facility
(h)
Soils containing hydrocarbon facility
(i)
Temporary hazardous waste or hazardous recyclables storage facility
(j)
Tree farm
(k)
Waste storage site
(l)
Wastewater treatment plant
(m)
Buildings and uses accessory to listed discretionary uses
all of which listed uses are fundamentally restricted by the following:
(i)
None of the listed discretionary uses shall be approved:
(A)
except in compliance with the Subdivision and Development
Regulations, as amended;
(B)
in a location or manner that could compromise Cell
containment; and
(C)
without prior evidence of site specific suitability to the
satisfaction of Council.
8 | land use districts
For the purpose of this Section, Council has the sole and exclusive
discretion to determine the level of evidence required to establish site
specific suitability.
(ii)
Processing, storage and disposal of any of the following is prohibited
and excluded within the DC1 District:
(A)
wastes not provided for under an approval issued by Alberta
Environment and Parks;
(B)
hazardous waste or hazardous recyclables, as those terms are
defined in the Waste Control Regulations;
(C)
nuclear substances, as defined in the Nuclear Safety and
Control Act, S.C. 1997, c.9, as amended, that are radioactive;
(D)
explosives, as defined in the Explosives Act, R.S.C. 1985, c. E-
17, as amended;
(E)
biomedical waste, as defined in the Waste Control Regulations;
and
(F)
ozone depleting substances, as defined in the Ozone-Depleting
Substances and Halocarbons Regulation Alta. Reg. 181/2000,
as amended,
provided that, the listed discretionary uses can include the necessary interim
storage of some or all of the items listed in this Section for the purpose of
facilitating their safe transport to a facility approved for disposal of the same.
(4)
Standards and Regulations of Council
All development standards and regulations within the DC1 District shall be at the sole
and exclusive discretion of Council.
(5)
Development Permit Application
(a)
No application for a development permit under the DC1 District shall be
considered complete unless the applicant has provided, at its sole cost, the
following minimum information in support of the application, to the
satisfaction of Council:
(i) an explanation of:
(A)
limitations on the proposed development (e.g. known hazards or
environmental concerns); and
(B)
why the applicant intends the proposed land uses to be located
as shown and why those locations enable land use planning that
is compatible with the policies of the Municipal Development
Plan and compatible with on-site land uses and neighbouring
land uses (including highways);
8 | land use districts
(ii)
a land use concept plan including:
(A)
definition an detailed discussion of each of the applicant's
proposed land uses or developments;
(B)
map(s) showing where, if approved, each of the applicant's
proposed land uses or developments:
(1)
is intended to be located
(2)
must be located, if applicable;
(3)
cannot be located (e.g. considering statutory setback
requirements or other development limitations), if
applicable;
(C)
setback or buffer distances between various on-site
developments (e.g. Cells) and site boundaries and between on-
site and off-site development;
(D)
identification of which proposed land uses or developments are
principal and which are accessory or supporting;
(E)
availability and intended provision of necessary services and
utilities; and
(F)
phasing plan for the proposed land uses and explanation of the
life cycle of the proposed land uses, including discussion of
soils budget, future volumes and future consequential
development limitations;
(iii)
status report respecting provincial regulatory applications (e.g. Alberta
Environment and Parks) or other applicable ministry's requirements or
conditions of approval respecting the proposed use or development and/or
a copy of the applicant's most recent annual waste management reports as
submitted to Alberta Environment and Parks);
(iv)
copies of any site specific reports or studies completed respecting the
suitability of the lands (or portions thereof) for the proposed land uses;
(v)
confirmation of the continued accuracy, relevancy and completeness
of previously submitted reports or studies;
(vi)
maximum height of buildings and of any hills, mounds, soil stockpiles
or waste piles;
(vii) measures for the mitigation of noise, odour (e.g. windbreaks, daily
cover), litter, visual impact (e.g. screening, lighting, fencing, berming,
landscaping, outdoor storage controls), miscellaneous nuisances (e.g. bird
and animal control), and hazards (e.g. waste screening process);
(viii) detailed plans for parking and loading, emergency response and
disaster mitigation, site access and egress, phasing, signage, ground water
8 | land use districts
and surface water control and monitoring, site grading and drainage
control, all off-site disposal, and Leachate and Landfill Gas control, usage,
monitoring and treatment;
(ix)
traffic impact assessment;
(x)
proposed hours of operation and off-site haul hours and routes;
(xi)
site security measures;
(xii) intended duration of operations and intended post-facility or post-
operative 'closure' activities and soil rehabilitation plans;
(xiii) evidence of applicable provincial and federal approvals, orders,
licenses, certificates, or directives, and compliance therewith;
(xiv) evidence of financial security;
(xv) statement of remaining Cell or landfill capacity;
(xvi) any other matter that a Development Officer or Council deems
necessary or prudent.
(b) At Council's discretion, a provincially approved Class II Landfill "operations
plan" may be submitted by a development permit applicant in satisfaction of all or
some of the development permit application requirements set out under this
District.
(6)
Development Permit Conditions
(i)
For applications under the DC1 District, Council shall have sole and exclusive
discretion to impose conditions of approval that result in a variance of the
standards or regulations of this District or this Bylaw, or any other municipal
Bylaw or policy other than the Municipal Development Plan, as Council may
deem necessary or prudent, considering the purpose of the District and the
potential impact of the proposed development.
(j)
Without limiting the foregoing, Council may, at its sole discretion,
(i)
require as a condition of approval that the applicant enter into and
comply with an agreement with the Municipality for the purposes
described in Section 648, 650 or 651 of the Act and including, without
limitation, the provision of security and the payment of fees or levies;
and
8 | land use districts
(ii)
require as a condition of approval that the applicant exceed the
Municipality's standard design or engineering requirements;
(iii)
apply whatever conditions of approval that Council deems necessary or
prudent, considering the purpose of the District, the policies of the
Municipal Development Plan, and the potential impact of the proposed
use or development.
(7)
Breaches and Fines
Notwithstanding any provision to the contrary under this Bylaw:
(a)
a breach of a provincial order, license, approval, certificate or directive
respecting a DC1 District land use or development constitutes a breach under
this Bylaw;
(b)
in relation to a DC1 District land use or development, any person who
contravenes any of the following shall be guilty of an offence and liable upon
summary conviction to a fine of $10,000.00 per occurrence:
(i)
a provision of this Bylaw;
(ii)
a provision of the Act;
(iii)
an Order issued under the Act including, without limitation, a Stop
Order issued under Part 17, an order to remedy contraventions, or an
order to remedy dangerous or unsightly property, or an order of the
Subdivision and Development Appeal Board;
(iv)
a development permit or a condition thereof; and
(v)
a subdivision approval or a condition thereof.
8 | land use districts
8.21
DC2 - Recreational Direct Control District
(1)
General Purpose
The general purpose of this District is to provide for specific land use regulations for
certain developments, given that circumstances are such that control by other Districts
would be inappropriate or inadequate, having regard to environmental concerns and
the general public interest.
(2)
Permitted Uses
(a)
Buildings accessory to a permitted use
(b)
Extensive agriculture
(c)
Home occupations, minor
(d)
Single detached dwelling
(e)
Solar energy conversion systems
(f)
Wind energy conversion systems, micro
(3)
Discretionary Uses
(a)
Buildings accessory to a discretionary use
(b)
Home occupations, major
(c)
Outdoor motorized vehicle recreation
(d)
Recreational uses
(e)
Sea cans and shipping containers
(4)
Regulations
(a)
All development regulations within the DC2 District shall be at the discretion
of the Development Authority.
(b)
Construction of the exterior of any building must be completed within one (1)
year from the development permit approval date.
(c)
Prior to public use of the off-highway vehicle park, a provincially acceptable
private sewage system must be installed and inspected.
(5)
Other Regulations
(a)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(b)
Landscaping shall be provided in accordance with Section 6.10 of this Bylaw.
The Development Authority may require landscaping, to their satisfaction, in
8 | land use districts
the form of fences, berms, vegetation or any other material, at their discretion,
between any development in this District and any adjacent development.
(c)
Grading and drainage of the site shall be provided in accordance with Section
6.10 of this Bylaw.
(d)
Sea cans and shipping containers shall be developed in accordance with
Section 7.28 of this Bylaw.
(e)
Solar energy conversion systems shall be developed in accordance with
Section 7.32 of this Bylaw.
(f)
Wind energy conversion systems shall be developed in accordance with
Section 7.37 of this Bylaw.
8 | land use districts
8.22 NRE-DC - Natural Resource Extraction Direct Control District
(Amended as per Bylaw 02-2019)
(1)
General Purpose
The general purpose of this District is to provide for natural resource extraction on
private and Crown land identified by the Environmentally Sensitive Overlay, on
lands adjacent to Long Lake (within 800 m), as shown on Map 7.1 - Future Land
Use Map of Bylaw 1195-2015 Municipal Development Plan.
(2)
Permitted Uses
There are no permitted uses.
(3)
Discretionary Uses
(a)
Natural Resource Extraction
(b)
Buildings and Uses Accessory to Natural Resource Extraction
(c)
Extensive Agriculture
(d)
Extensive Livestock
(4)
Subdivision Regulations
(a)
Minimum and maximum parcel areas shall be determined by the Subdivision
Authority.
(b)
Parcel density shall be determined by the Subdivision Authority.
(5)
Development Regulations
(a)
All requirements for lot coverage, property line setbacks, etc. shall be at the
discretion of Council.
(b)
In considering a development permit, Council shall have regard to the
following (as amended from time to time):
i)
The Thorhild County Long Lake Area Structure Plan Bylaw No.
39-2018;
ii)
The Thorhild County Municipal Development Plan Bylaw No.
1195-2015, and in particular Section 5.2.2 and Section 3.7;
iii)
This Bylaw namely the Thorhild County Land Use Bylaw 1194-2015,
and in particular the Special Provisions in Section 7.17;
iv)
The provisions of an approved or proposed Development Concept Plan
and any related Environmental Impact Report.
(c)
The regulations of this Bylaw shall apply to all development within this Direct
Control District unless such regulations are specified or modified by Council in the
development permit.
(d)
The developer shall prevent noise in natural resource extraction uses from becoming
an annoyance to adjacent landowners at the request of, and to the satisfaction of,
Council. Required prevention may include, but not be limited to, locating stockpiles
and berms to act as sound barriers and using methods of minimizing or reducing
noise created by machinery and equipment. Installation of noise monitors may be
required as a condition of a development permit.
(e)
All development permits for lands within this Direct Control District shall be issued
by Council. However, a development permit issued by Council may include a
provision that certain requirements or conditions shall be to the satisfaction of a
Development Authority.
9 | Land Use District Maps
| Appendices
Appendix A | Sustainable Resource Development Guidelines