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Town of
Thorsby
LAND USE BYLAW
#2025-05
Approved: August 26, 2025
L A N D U S E B Y L A W
Town of Thorsby Bylaw #2025-05
2025
SUMMARY OF AMENDMENTS
Revision #
Date:
Bylaw No:
Description
L A N D U S E B Y L A W
Town of Thorsby Bylaw #2025-05
2025
Table of Contents
USER GUIDE _________________________________________________________________ 1
PART 1 - ENACTMENT __________________________________________________________ 3
1.1
TITLE _____________________________________________________________________ 3
1.2
PURPOSE __________________________________________________________________ 3
1.3
APPLICATION _______________________________________________________________ 3
1.4
EFFECTIVE DATE ____________________________________________________________ 3
1.5
CONFORMITY WITH THE BYLAW _______________________________________________ 4
1.6
OTHER LEGISLATIVE REQUIREMENTS ____________________________________________ 4
1.7
SEVERABILITY ______________________________________________________________ 4
1.8
TRANSITION _______________________________________________________________ 4
PART 2 - INTERPRETATION _____________________________________________________ 5
2.1
RULES OF INTERPRETATION ___________________________________________________ 5
2.2
DEFINITIONS _______________________________________________________________ 7
PART 3 - GENERAL ADMINISTRATIVE PROCEDURES ________________________________ 25
3.1
CONTROL OF DEVELOPMENT _________________________________________________ 25
3.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ________________________ 25
3.3
NON-CONFORMING BUILDINGS AND USES ______________________________________ 27
3.4
APPROVING AUTHORITIES - DEVELOPMENT OFFICER _____________________________ 27
3.5
APPROVING AUTHORITIES - COUNCIL __________________________________________ 28
3.6
APPROVING AUTHORITIES - SUBDIVISION AND DEVELOPMENT APPEAL BOARD (SDAB) _ 28
PART 4 - DEVELOPMENT APPLICATION PROCESS ___________________________________ 29
4.1
APPLICATION FOR DEVELOPMENT _____________________________________________ 29
4.2
REFERRAL OF APPLICATIONS _________________________________________________ 30
4.3
DECISION PROCESS _________________________________________________________ 31
4.4
VARIANCE AUTHORITY ______________________________________________________ 32
4.5
DEVELOPMENT PERMITS AND NOTICES ________________________________________ 33
4.6
DEVELOPMENT AGREEMENTS ________________________________________________ 34
PART 5 - SUBDVISION REGULATIONS ____________________________________________ 35
5.1
SUBDIVISION REQUIREMENTS ________________________________________________ 35
5.2
SUBDIVISION APPLICATIONS _________________________________________________ 35
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5.3
INCOMPLETE SUBDIVISION APPLICATIONS ______________________________________ 36
5.4
SUBDIVISION APPLICATION NOTIFICATIONS & DECISIONS __________________________ 37
5.5
CONDITIONS OF SUBDIVISION APPROVAL _______________________________________ 37
PART 6 - DEVELOPMENT APPEAL PROCESS _______________________________________ 39
6.1
APPEAL PROCEDURE ________________________________________________________ 39
6.2
APPEAL HEARING FOR THOSE WITHIN THE AUTHORITY OF THE SDAB ________________ 39
6.3
APPEAL DECISION __________________________________________________________ 40
6.4
LAND AND PROPERTY RIGHTS TRIBUNAL (LPRT) __________________________________ 41
PART 7 - BYLAW AMENDMENT PROCESS _________________________________________ 42
7.1
APPLICATION FOR AMENDMENT ______________________________________________ 42
7.2
PUBLIC HEARING PROCESS ___________________________________________________ 42
PART 8 - ENFORCEMENT ______________________________________________________ 44
8.1
CONTRAVENTION __________________________________________________________ 44
PART 9 - GENERAL REGULATIONS _______________________________________________ 46
9.1
ACCESSORY BUILDINGS AND USES _____________________________________________ 46
9.2
BARE LAND CONDOMINIUM _________________________________________________ 46
9.3
BUILDING HEIGHT __________________________________________________________ 47
9.4
CORNER AND DOUBLE FRONTING PARCELS _____________________________________ 48
9.5
DESIGN, CHARACTER AND APPEARANCE OF BUILDINGS AND STRUCTURES ____________ 48
9.6
DEVELOPMENTS ON OR NEAR SLOPES __________________________________________ 51
9.7
DEVELOPMENTS NEAR WATER ________________________________________________ 51
9.8
DRIVEWAY CURB CUTS ______________________________________________________ 51
9.9
DWELLING UNITS ON A PARCEL _______________________________________________ 52
9.10
EMERGENCY ACCESS TO BUILDINGS ___________________________________________ 52
9.11
STRIPPING AND GRADING, EXCAVATION _______________________________________ 53
9.12
EXISTING SUBSTANDARD LOTS _______________________________________________ 53
9.13
FENCES ___________________________________________________________________ 54
9.14
FLOODPLAIN DEVELOPMENT & ENVIRONMENTALLY SENSITIVE AREAS _______________ 55
9.15
INDUSTRIAL USES __________________________________________________________ 56
9.16
LANDSCAPING _____________________________________________________________ 57
9.17
LIGHTING _________________________________________________________________ 59
9.18
LIMITED ACCESS TO MAJOR ROADS ____________________________________________ 59
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9.19
ON-SITE AND OFF-SITE SERVICES AND IMPROVEMENTS ___________________________ 59
9.20
PROJECTIONS OVER YARDS __________________________________________________ 60
9.21
PUBLIC LANDS AND TOWN BOULEVARDS _______________________________________ 62
9.22
PUBLIC UTILITY BUILDINGS AND EASEMENTS ____________________________________ 62
9.23
RELOCATION OF BUILDINGS OR STRUCTURES ____________________________________ 63
9.24
RESIDENTIAL AND INDUSTRIAL USES ADJACENT __________________________________ 64
9.25
TEMPORARY STRUCTURES & PORTABLE STORAGE CONTAINERS ____________________ 64
9.26
OUTDOOR STORAGE ________________________________________________________ 65
9.27
SERVICING & INFRASTRUCTURE _______________________________________________ 66
9.28
VEHICULAR ACCESSES & DRIVE-THRU's _________________________________________ 66
PART 10 - SPECIFIC USE REGULATIONS ___________________________________________ 67
10.1
ALCOHOL PRODUCTION _____________________________________________________ 67
10.2
BED AND BREAKFAST ESTABLISHMENTS ________________________________________ 67
10.3
CANNABIS PRODUCTION AND DISTRIBUTION SYSTEMS ____________________________ 68
10.4
CANNABIS RETAIL STORES ___________________________________________________ 69
10.5
CHILD CARE FACILITIES AND DAY HOMES _______________________________________ 69
10.6
GAS BAR _________________________________________________________________ 70
10.7
HOME BUSINESSESS (MAJOR AND MINOR) ______________________________________ 70
10.8
HOUSING, SECONDARY SUITE ________________________________________________ 72
10.9
KENNELS _________________________________________________________________ 73
10.10
MANUFACTURED HOMES (HOUSING, MANUFACTURED) _________________________ 73
10.11
MEDICAL MARIHUANA FACILITY (MMF) ______________________________________ 74
10.12
SOLAR COLLECTORS ______________________________________________________ 75
10.13
SHOWHOMES ___________________________________________________________ 75
10.14
TELECOMMUNICATIONS TOWERS ___________________________________________ 76
10.15
USES PERMITTED IN ALL LAND USE DISTRICTS _________________________________ 77
10.16
WRECKING YARD (AUTO AND EQUIPMENT WRECKAGE SITE) _____________________ 77
PART 11 - PARKING & LOADING FACILITIES _______________________________________ 78
11.1
PARKING FACILITIES - GENERAL REGULATIONS __________________________________ 78
11.2
PARKING AREAS ___________________________________________________________ 79
11.3
OFF-STREET LOADING AREAS _________________________________________________ 82
PART 12 - SIGNS _____________________________________________________________ 83
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12.1
PURPOSE _________________________________________________________________ 83
12.2
DEFINITIONS ______________________________________________________________ 83
12.3
SIGNS ____________________________________________________________________ 84
12.4
SIGNS PERMIT SUBMISSION __________________________________________________ 86
12.5
PROHIBITED LOCATION______________________________________________________ 86
12.6
SIGN DEVELOPMENT STANDARDS _____________________________________________ 86
12.7
ADDITIONAL SIGN REGULATIONS _____________________________________________ 89
PART 13 - DISTRICTS AND REGULATIONS _________________________________________ 92
13.1
ESTABLISHMENT OF DISTRICTS AND DISTRICT REGULATIONS _______________________ 92
13.2
LAND USE DISTRICTS ________________________________________________________ 92
13.3
LAND USE DISTRICT MAP ____________________________________________________ 92
13.4
LOW DENSITY RESIDENTIAL (R1) ______________________________________________ 94
13.5
MEDIUM DENSITY RESIDENTIAL (R2) ___________________________________________ 97
13.6
HIGH DENSITY RESIDENTIAL (R3) _____________________________________________ 101
13.7
MANUFACTURED HOME SUBDIVISION (MHS) ___________________________________ 105
13.8
CENTRAL COMMERCIAL (C1) ________________________________________________ 108
13.9
HIGHWAY COMMERCIAL (C2) ________________________________________________ 111
13.10
INDUSTRIAL (M) ________________________________________________________ 113
13.11
PUBLIC SERVICE (PS) _____________________________________________________ 115
13.12
URBAN HOLDINGS (UH) __________________________________________________ 117
13.13
DIRECT CONTROL (DC) ___________________________________________________ 119
13.14
Direct Control District - 2024-01 ___________________________________________ 120
APPENDIX 1: ENFORCEMENT PENALTIES_________________________________________ 121
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PAGE 1
USER GUIDE
The "User Guide" is intended for information and clarity purposes only and is not a section of the
Land Use Bylaw.
The Land Use Bylaw establishes regulations and rules for the use of land and structures within the
Town of Thorsby. This includes, but is not limited to location, type of allowable uses, development
permit, redesignation and subdivision application processes and requirements, setbacks, servicing
standards as well as general and specific use regulations for matters relating to the planning and
development of land within Thorsby.
Alignment of the Land Use Bylaw with higher-level planning policies is a key component of this
Bylaw. The Land Use Bylaw is the tool that provides the specific requirements for development that
fit within the higher-level goals and objectives of the Town's Municipal Development Plan (MDP). It
is also intended to reflect and align with the requirements of not only higher-level Town
documents, but regulations mandated by the Province of Alberta and the Government of Canada.
Wherever possible, these are referenced throughout the Land Use Bylaw for ease of use for
residents to understand how the differing requirements of regulation at different levels of
government fit into land use planning within Thorsby. All of these regulations are subject to
changes and higher-level governments such as the provincial and federal requirements supersede
any requirements outlined in this Bylaw.
The following steps may assist the user of this Bylaw:
1.
LOCATE
Locate the subject property on the Land Use Districts Map
This map divides the Town of Thorsby into distinct land use districts. Confirm which land use district
the property you are interested in developing or obtaining more information on is located in. Many
people refer to land use districts as "zones" or "zoning", however, to align with provincial
legislation, this Bylaw refers to them as districts or land use designations.
2.
CHECK
Check the Table of Contents and locate the land use district you are interested in. Each land use
district is listed in Part 12.
Each land use district will contain a list of permitted and discretionary uses, setbacks, lot coverage
requirements and other miscellaneous regulations. This determines what types of uses can be
developed in each land use district and how they can be developed in terms of their placement,
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size, height and more. In coordination with a land use district review, users should look at Part 2
which includes definitions for the various uses to determine what category a use best fits under.
3.
REVIEW
Review the Table of Contents to determine if a particular use has any additional regulations that
should be considered. Certain uses have additional "specific use regulations" that should be
considered when proposing a development. These are outlined in Part 9 of the Land Use Bylaw.
Depending on the context of a property, the general regulations outlined in Part 8 may also be
applicable depending on the lot characteristics and the scale and use proposed.
4.
DISCUSS
Contact the Town of Thorsby Administration to set up a pre-application meeting. Land Use Bylaw's,
as much as they are aimed to be user-friendly and intuitive are complex documents and confirming
details of a proposal in advance of submitting an application is beneficial to all parties involved.
Administration is trained and happy to assist you with your land use redesignation, development,
subdivision or other general inquiry related to matters involving planning & development within the
Town of Thorsby.
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PART 1 - ENACTMENT
1.1
TITLE
The title of this Bylaw shall be the Land Use Bylaw of the Town of Thorsby.
1.2
PURPOSE
The purpose of this Bylaw is to regulate and control the use and development of land and buildings
within the Town to achieve the orderly and economic development of land, and for that purpose,
amongst other things:
(1)
to divide the Town 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 establish the Development Authority for the Town;
(5)
to provide the manner in which notice of the issuance of a development permit is to be given;
and
(6)
to establish the number of dwelling units permitted on a parcel of land.
1.3
APPLICATION
This Bylaw shall apply to the whole of the Town of Thorsby being all lands and buildings contained
within its corporate limits.
1.4
EFFECTIVE DATE
(1)
This Bylaw comes into effect upon the date of its third reading.
(2)
Land Use Bylaw 2017-02, as amended, is hereby repealed.
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1.5
CONFORMITY WITH THE BYLAW
(1)
No person shall commence any development within the Town except in conformity with this
Bylaw.
(2)
Compliance with the requirements of this Bylaw does not exempt any person from the
requirements of any adopted Statutory Plan.
1.6
OTHER LEGISLATIVE REQUIREMENTS
(1)
In addition to this Bylaw, an applicant is responsible for complying with any other applicable
federal, provincial, or municipal legislation or law. The applicant is also responsible for
complying with the conditions of any caveat, covenant, easement or other instrument
affecting a building or land.
(2)
The Town is not responsible for, nor does the Town have any obligation whatsoever to
determine what other legislation may apply to a development, nor to monitor or enforce
compliance with such legislation.
(3)
The Development Authority shall not approve an application for a development permit that is
not in conformity with the Town's Statutory Plans.
1.7
SEVERABILITY
(1)
In the event any portion of this Bylaw is found invalid by a Court of Law or is overturned by a
superior jurisdiction, the validity of the remaining portions of the Bylaw shall not be affected.
1.8
TRANSITION
(1)
An application for a Subdivision, Development Permit or amendment to this Bylaw
commenced prior to the coming into force of this Bylaw shall be evaluated under the
provisions of the Town's Land Use Bylaw No.2017-02, as amended.
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PART 2 - INTERPRETATION
2.1
RULES OF INTERPRETATION
(1)
Where a word is used in the singular, such a word may also mean plural.
(2)
Where a masculine or impersonal pronoun or adjective is used, such a word may also mean
the feminine or impersonal pronoun or adjective.
(3)
Where a word is used in the present tense, such a word may also mean the future tense.
(4)
The word "person" includes a corporation as well as an individual.
(5)
The word "may" is a discretionary term, meaning the regulation in question can be
enforced by the Town if it chooses to do so, dependent on the circumstances of the site
or application.
(6)
The word "should" means compliance in principle to the regulation but is subject to the
discretion of the Development Authority where compliance is impracticable or undesirable
because of relevant planning principles or circumstances unique to a specific application
(7)
The words "shall" and "must" require mandatory compliance except where a variance has
been granted pursuant to the Act or this Bylaw.
(8)
Words, phrases, and terms not defined in this part may be given their definition in the Act or
the Alberta Building Code. Other words shall be given their usual and customary meaning.
(9)
Where a regulation involves two or more conditions or provisions connected by the
conjunction "and" means all the connected items shall apply in combination; "or" indicates
that the connected items may apply singly; and "and/or" indicates the items may apply singly
or in combination.
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(10) All units of measure contained within this Bylaw are metric (SI) standards and are rounded to
the nearest decimal place. For the purpose of convenience, the following conversion factors
are provided:
Metric
Imperial
1 square metre (m2)
10.8 square feet (ft2)
1 hectare (ha)
2.47 acres (ac)
1 kilometre (km)
0.6 mile (mi)
1 metre (m)
3.3 feet (ft)
1 centimetre (cm)
0.4 inch (in)
1 millimetre (mm)
0.04 inches (in)
1 kilogram (kg)
2.2 pounds (lb)
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2.2
DEFINITIONS
For the purposes of this Bylaw and any amendments made hereto, the definitions set out in the
following shall be used. When no definition is provided hereunder, the Town's dictionary of choice
shall be used.
(1)
"1:100 year flood" is a flood event that has a 1% chance of being equaled or exceeded in any
given year. It's not a guarantee that a flood of this magnitude will occur exactly every 100
years, but rather that it has a 1% chance of occurring each year.
(2)
"abattoir" means a building and/or site used as a slaughterhouse, where animals are killed
and butchered for human or animal consumption;
(3)
"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;
(4)
"accessory building" means a building separate and subordinate to the principle building, the
use of which is incidental to that principle building and is located on the same lot. A garage
attached to a principle building is deemed to be part of the principle building;
(5)
"accessory use" means any use in a building and/or on a parcel of land which is
supplementary or subordinate to the principle use located in the same building and/or on the
same parcel of land;
(6)
"Act" means the Municipal Government Act, R.S.A. 2000, as amended;
(7)
"adjacent" 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;
(8)
"adult entertainment" means any building used as "retail" in which books and/or items for a
mature audience are displayed and sold, or a building that shows mature films or live
entertainment;
(9)
"agricultural operation" means an agricultural operation as defined in the Agricultural
Operation Practices Act;
(10) "agricultural processing - minor" means a small-scale value-added agricultural operation
that includes the use of land and/or a building for the upgrading of a product for distribution
or sale that was originally produced in an agricultural operation. These minor operations are
intended to primarily use agricultural products which are produced onsite. An Agricultural
Processing-Minor operation should not produce any offsite impacts.
A Cannabis Production and Distribution Facility is excluded from this use.
(11) "agricultural sales and/or service" means a building or site used for "retail" but in which the
goods for sale are vehicles, equipment, or machinery for use in the agricultural industry,
and/or the servicing of vehicles, equipment, or machinery related to the agricultural industry;
(12) "agri-tourism business" means a use, accessory to the principal agricultural use, that brings
additional visitors to a primarily agricultural parcel over and above the site visits generated by
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the principal agricultural activity(ies). These accessory uses are predominantly educational,
retail, recreational and entertainment focused. This use is seasonal in nature and may include
facilities for the retail sales of agricultural products on the same site as where the product is
produced and/or, the use of features or facilities located on the land. Examples may include a
corn maze, petting zoo, informational centre related to agricultural activities, bouncy houses,
potato sack slides, mini golf, playground activities, miniature trains, pedal karts, and
sandboxes.
(13) "alcohol production" means a development that manufactures beer, wine, spirits or other
alcoholic beverages and may include the retail sale of products. This use may be combined
with another use such as a Restaurant.
(14) "amusement arcade" means a building and/or site which operates mechanical and/or
electronic games, and rides, for entertainment purposes;
(15) "animal shelter" means a building and/or site used for the temporary accommodation and/or
impoundment of animals;
(16) "area structure plan (ASP)" means a major or local statutory plan prepared pursuant to the
Act that provides the framework for the development of lands for commercial, industrial and
residential purposes in a manner that is consistent with the goals, objectives, and policies of
the Town.
(17) "area redevelopment plan (ARP)" means a statutory plan prepared pursuant to the Act that
provides a redevelopment framework for an existing developed area. It provides policies for
rehabilitation, preservation, redevelopment, demolition and the redesign of an existing built-
out area over the long-term.
(18) "artisan studio/shop" means the use of a premises for the creation and production of arts or
crafts for sale to the general public and includes, but is not limited to the small scale
production of pottery, sculpture, painting, garment makers, tailors, jewelers, shoe repair,
soap or candle production and similar arts and crafts which do not include the use of toxic or
hazardous materials, result in excessive noise or require the outdoor storage of materials.
(19) "art gallery" means a building used for the display and "retail" of works of art;
(20) "auction mart" means a building and/or site used for "retail" but in which goods, including
livestock, are sold by an auctioneer and where goods are sold to the highest bidder;
(21) "automotive sales and/or rental" means a building or site used for "retail" but in which the
goods for sale, and/or lease are automobiles, trucks, boats, trailers, recreational vehicles, or
other similar personal vehicles;
(22) "automotive supply store" means a building or site used for "retail" but in which the goods
for sale are related to the use and operation of automobiles, trucks, boats, trailers,
recreational vehicles, or other similar personal vehicles;
(23) "automotive service and/or paint shop" means a building or site used for the repair,
servicing, and/or painting of motor vehicle, boats, trailers, recreational vehicles, or other
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similar personal vehicles and may include the sale of automotive fuels, lubricating oils or
other like automotive fluids;
(24) "bakery" means a building used for baking food as well as the "retail" of said food;
(25) "balcony" means a horizontal structure, with a railing, adjoining a building above the first
storey floor level, and intended for use as a private outdoor amenity space with access only
from within the building.
(26) "bareland condominium" is a parcel of land that is individually owned and governed by a
condominium corporation. This means that the owner of a bareland condominium is
responsible for maintaining their own property, but also shares in the responsibility and cost
of maintaining common areas and facilities
(27) "basement" means the portion of a development which is wholly or partially below grade,
having above grade no more than 1.8 m of its clear height lying below the finished level of the
floor directly above;
(28) "bed and breakfast" means a use in which an owner occupying a single-detached dwelling
provides temporary accommodation with one meal provided to registered patrons in
exchange for compensation;
(29) "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;
(30) "bulk fuel and/or fertilizer sales and storage" means the storage of and "retail" of large
quantities of fuel and/or fertilizer;
(31) "c-can" means a specific type of portable storage container which is a metal freight container
that is used for the temporary storage of materials and equipment. See portable storage
container definition;
(32) "cannabis" means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and
cannabis plant seeds and any other substance defined as cannabis in the Cannabis Act
and its regulations, as amended from time to time.
(33) "cannabis accessory" means a thing, including rolling papers or wraps, holders, pipes,
water pipes, bongs and vaporizers, that is represented to be used in the consumption of
cannabis or a thing that is represented to be used in the production of cannabis, if the
thing is sold at the same point of sale as cannabis.
(34) "cannabis retail sales" means a retail store licensed by the Province of Alberta where
cannabis and cannabis accessories are sold to individuals who attend the premises.
(35) "cannabis production and distribution facility" means development in a stand-alone
building used principally for one or more of the following activities as it relates to
cannabis:
- production, cultivation and grown of Cannabis
- The processing of raw materials
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- The making, testing, manufacturing, assembling or in any way altering the chemical or
physical properties of semi-finished or finished goods or products;
- The storage or trans-shipping materials, goods, and product' or
- The distribution and sale of materials, goods, and products to Cannabis retail stores
Medical cannabis production and distribution facilities shall not include storefront retail sales
(36) "cannabis plant" means a plant that belongs to the genus Cannabis.
(37) "campground" means the use of a site managed for the short-term stay of tents, campers,
and/or recreational vehicles, but which is not used as year-round storage or accommodation;
(38) "car/truck wash" means the use of a building and/or site for the cleaning of motorized
vehicles either manually or through an automated process;
(39) "cemetery" means a site used for the burying of the remains of animals and/or humans;
(40) "change of use" means a change from an existing use within a building to a different use.
(41) "child care facility" means the use of a building or portion thereof for the provision of care,
maintenance, instruction or supervision of seven or more children under the age of 13 years,
by persons other than those related by blood or marriage, for periods not exceeding 24
consecutive hours and includes all daycare centers, early childhood services, nurseries and
after-school or baby-sitting programs which meet this definition. A license is required under
the Child Care Licensing Act to operate a childcare program.
(42) "club" means a building and/or site used for the private meeting and social activities of
members of a private organization and which may include space for eating, drinking, and
congregating;
(43) "community centre" means a building and/or site open to the general public and used for
recreational, educational, social and/or cultural activities;
(44) "confined feeding operation" means a confined feeding operation as defined in the
Agricultural Operation Practices Act;
(45) "contracting services" means a building or site used for the operation and storage of
materials and/or vehicles related to the industries of construction, painting, plumbing,
heating, electrical, landscaping, drilling and excavation, paving, maintenance and cleaning;
(46) "convenience store" means "retail" but where the gross floor area does not exceed 186.0 m2
in gross floor area;
(47) "corner lot" means a lot having boundary lines on two or more roads or highways, or with a
road and a highway, at their intersection or junction. Corner lot also means a lot having a
boundary line at a point where a road or highway changes direction by a minimum of 45
degrees within the boundaries of the lot;
(48) "Council" mean the Council of the Town of Thorsby;
(49) "coverage" means the sum of the floor areas at grade of all buildings, both principle and
accessory, on a lot divided by the area of the lot;
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(50) "curb cut" means the space within the municipal curb which acts as a ramp connecting the
grade of the sidewalk to the grade of the adjoining street. A curb cut is typically required to
provide driveway access onto a parcel;
(51) "data processing centre(s)" means a building, dedicated space within a building, or a group
of buildings used to house computer systems and associated infrastructure and components,
such as telecommunications and storage systems for the digital transactions required for
processing and/or mining data. This generally includes backup components and infrastructure
for power supply, data communication connections, environmental controls (such as air
conditioning and/or fire suppression) and various security devices. This includes, but is not
limited to digital currency processing, bitcoin, non-fungible tokens, and blockchain
transactions.
(52) "date of issue" means the date on which the notice of a decision of the Development
Authority is published or mailed;
(53) "day home" means a childcare business providing care to not more than six (6) children, not
including the person's own children that is operated by a resident of a dwelling within that
dwelling.
(54) "deck" means a means an uncovered horizontal structure with a surface height greater than
0.6m (2 ft) above grade at any point, and intended for use as a private outdoor space;
(55) "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)
the removal of topsoil from land,
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(vi)
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,
(vii) the use of land for storage purposes or for the repair of equipment, vehicles or
other kinds of machinery, or
(viii) the removal or demolition of a building;
(56) "development agreement" means a legally binding contract between a developer and Town
of Thorsby outlining the obligations of the developer with respect to a specific development.
This is typically required as a condition of a development permit.
(57) "development authority" means the development authority of the Town as established by
this Bylaw;
(58) "development officer" means a person authorized to act with the full authority and powers
of a Development Officer as outlined in the Authorities section of this Bylaw.
(59) "development permit" means a document authorizing a development issued pursuant to this
Land Use Bylaw;
(60) "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 at the discretion of the development
authority upon an application having been made;
(61) "driveway" means a vehicle access route on the parcel which provides access to the driving
surface;
(62) "entertainment venue" means a facility or use on a parcel for rental by individuals for
compensation for specific events. Uses may include weddings, anniversary parties, corporate
parties, rodeo parties and other functions. This includes barns or other structures utilized for
the aforementioned activities or others commercial in nature for entertainment purposes.
(63) "environmentally sensitive areas" means landscape element or areas that have important
and/or unique environmental characteristics that are essential to the long-term maintenance
of biological diversity, soil, water or other natural processes both within the environmentally
sensitive area and in a regional context.
(64) "escarpment" means a slope where the grade exceeds 15% or is suspected of being unstable.
(65) "excavation" see stripping and grading definition
(66) "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 a household, and which is not separated from direct access to
the outside by another separate dwelling unit;
(67) "farming" means the raising or production of crops, or animals, and includes a single
residence for the farmer, but does not include a "Confined Feeding Operation" as defined by
the Agricultural Operation Practices Act (Chapter A-7, R.S.A. 2000) and all regulations and
amendments passed thereto and does not include marihuana grown for medical purposes,
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which are sold from the parcel at wholesale and does not include the accessory sale of related
goods;
(68) "farmers market" means a market used for primarily selling goods produced in agricultural
operations, and operates regularly, but on a temporary basis. It may include the use of a
building, structure or lot for the purposes of selling produce, crafts and other associated
goods. It may include food trucks, concessions and other sales.
(69) "financial services" means a building used as a bank, credit union, or any other similar
monetary enterprise;
(70) "flood fringe" means the portion of the flood hazard area outside of the floodway where
water during a flooding event is generally shallower and flows more slowly than in the
floodway
(71) "flood hazard area" means the area affected by a 100-year flood under encroachment
conditions. The flood hazard area is typically divided into floodway and flood fringe zones,
and may also include area of overland flow.
(72) "floodway" means the portion of the flood hazard area that conveys water during a flood
event. In this area during flooding, water flows are the deepest, fastest, and most destructive.
This area typically includes the main channel of the body of water and a portion of the
adjacent overbank area.
(73) "floor area" means the total area of all floors of all buildings including accessory buildings
located on any lot, excluding the area of basement floors, EXCEPT THAT basement suites in
apartment buildings shall be included in the calculation of floor area;
(74) "floor/area ratio" means the ratio or decimal resulting from dividing the floor area of all
buildings by the total site area of the parcel of land on which the buildings are located;
(75) "foundation" means the lower portion of a building, usually concrete or masonry and
includes the fittings, which transfer the weight of and loads on a building to the ground.
(76) "fragmented parcel" means a parcel of land that is separated from the balance of a quarter
section by a natural barrier such as a river or a coulee, or by a physical barrier such as a road
or highway;
(77) "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;
(78) "front yard" means a yard extending across the full width of a lot from the front line of the lot
to the nearest wall of the main building situated on the lot. For the purposes of lakefront
lots, the front line of the lot shall be considered to be closest to the lake;
(79) "funeral home" means a building and/or site used for the organization of funerals, the
preparation of the deceased for burial or cremation, and/or the holding of funeral services;
(80) "gambling and gaming hall" means a building used as a gaming establishment which offers
games of chance including slot machines, table games, video lottery terminals, and/or a bingo
hall;
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(81) "garage" means a building or portion thereof which is designated and used for the storage,
marking or the maintenance of personal vehicles.
(82) "garage sale" means a temporary sale on residential properties, less than two days in length
that results in the sale of used household items within the front yard of a dwelling unit in a
residential district.
(83) "gas bar" means a site or portion thereof which is used for the sale of gasoline, propane and
other fuels, the sale of lubricating oils and other automotive fluids or motor vehicle
accessories but does not include automotive service establishments, bulk fuel and/or fertilizer
sales and storage and/or gas bar, card lock;
(84) "gas bar, card lock" means a site or portion thereof which is typically not attended during
business hours by a salesperson and is used for the sale of gasoline, propane and other fuels
but does not include the sale of other materials or automotive service establishments;
(85) "golf course" means a site used for the purposes of playing golf and which may include a
clubhouse as an accessory use;
(86) "grade" means the average elevation at the finished level of the ground, excluding an
artificial embankment, at any point immediately adjacent to the building. Grade may have
been established in conjunction with a subdivision grade plan prepared by a civil engineer.
(87) "greenhouse" means a building and/or site used to grow and "retail" flowers, trees, shrubs,
vegetables, and/or other plants except for marihuana grown for medical purposes;
(88) "grocery store" means a building used for "retail" but which sells primarily food items for
consumption off-site, and which has a gross floor area greater than 450 m2;
(89) "group home" means a building and/or site use for residential purposes for individuals who
require supervision because of their age, disability, or need for rehabilitation, and where
qualified staff are always present;
(90) "habitable floor space" means any room or enclosed space used or useable for human
occupancy, including but not limited to kitchens, bedrooms, living rooms, family rooms and
dens, bathrooms, laundries, pantries, foyers, hallways/entry ways, and areas containing
infrastructure/servicing (furnace, circuit panel, water heater, etc.) but excludes any room or
space not intended primarily for human occupancy including but limited to storage
areas/cellars and undeveloped basements;
(91) "hazardous materials impact analysis" is a process that evaluates the potential
consequences of a hazardous material spill or release on the environment and human health.
It helps determine the extent of potential contamination, risks to communities, and
remediation strategies
(92) "health care facility" means an AHS hospital, AHS clinic a Canadian licensed medical
practitioners office, Alberta Health Practitioners Act
(93) "height" means the vertical distance between the grade and the highest point of a building
that is not a stairway entrance, a ventilating fan, a skylight, a steeple, a chimney, a
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smokestack, a fire wall, or a flagpole, or similar device not structurally essential to the
building;
(94) "highway" means a highway as defined in the Public Highways Development Act, R.S.A. 2000;
(95) "home business - minor" means a home-based business / home office that may be operated
within the residential dwelling or accessory building by a person who occupies the dwelling
and does not create any impacts outside of the lot of where the business is located. Examples
include, but are not limited to a home office or other small-scale businesses with minimal
customer visits and no off-site employees.
(96) "home business - major" means a home-based business that generates business-related
visits, may include an off-site employee and is larger in scale than a home business - minor.
(97) "home sales center" means a temporary structure used for the sale of homes in a subdivision
within an approved subdivision. It is for commercial purposes and not to be used as a
residential dwelling and typically temporary in nature or with future plans to be repurposed
to a community building/amenity.
(98) "hospital" means a building and/or site used for medical care, examination, treatment,
surgery and recovery of patients and which may include an extended stay;
(99) "hotel" means a building used for short term stays through the provision of rooms or suites
where rooms are accessed from a common interior corridor, and which may also contain
commercial uses such as restaurants, or convention space;
(100) "housing, apartment (low rise)" means a residential use consisting of more than four
dwelling units, but which has a height less than 15 metres, but shall not mean row housing;
(101) "housing, apartment (high rise)" means a residential use consisting of more than four
dwelling units, but which has a height greater than 15 metres, but shall not mean row
housing;
(102) "housing, duplex" means a building with two dwelling units that have sharing one common
wall in the case of side-by-side units, or having the dwelling area located above the dwelling
area of the other in the cases of vertical units, each with a private entry;
(103) "housing, fourplex" means a building that contains four dwelling units;
(104) "housing, manufactured" means a transportable factory built residential building containing
one dwelling unit suitable for long term occupancy, designed to be movable, transported on
its own wheels and chassis or other means and arriving at a site ready for occupancy except
for incidental operations such as placement on foundation supports and connection to
utilities. Manufactured homes shall have pitched roofs and eaves and shall conform to
CAN/CSA Z240 MH Series and A277 certified standards. Where a component of a building is
assembled off the building site in such a manner that it cannot be reviewed on site, off-site
reviews shall be carried out to determine compliance with Safety Codes.
(105) "housing, mixed use" means a building and/or site which has a combination of uses but
which typically entails "retail" or "office" uses on the ground floor and residential uses on the
upper floors;
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(106) "housing, mobile" means a factory constructed detached dwelling unit, with an integral
frame, readily relocatable singly or in double modules. Due to the age of the dwelling, they
may not meet the Canadian Standards Association (CSA) A277 Standard or building code
standards;
(107) "housing, row house" means a building with one of three or more dwellings joined side by
side or side to back. Can also include townhouse, garden homes and townhouses attached to
high-rise buildings. Have no dwellings above or below them;
(108) "housing, secondary suite" means a self-contained living space either located in the principle
building or on the same site as the principle building. Secondary suites have a separate
entrance, cooking, sleeping and bathing facilities. Secondary suites shall include basement
suites and garage suites;
(109) "housing, single detached" means a residential building containing one dwelling unit which is
intended as a permanent residence. Single detached dwellings must be of new construction
and be physically separate from any other residential building. Single detached dwellings do
not include a manufactured home;
(110) "housing, supportive" means a residential development for elderly, disabled persons or
persons who require additional care, with on or off-site supports to ensure that their daily
needs are addressed. This includes, but is not limited to seniors housing, supportive housing,
long-term care facilities and complex care;
(111) "housing, triplex" means a building that contains three dwelling units;
(112) "industrial, light" means the use of land, buildings and/or structures for an industrial activity
that creates no adverse impacts beyond the boundaries of the site for which the associated
activity takes place due to appearance, emission of contaminants, noise, traffic volume,
odour, smoke and fire. The activities and uses are carried on fully within an enclosed
building.
Characteristics of Industrial, Light:
a) No open storage is permitted
b)
May have a retail or wholesale component that is subordinate to the principal use
c) Nuisance factors do not extend outside of an enclosed building
d)
No hazardous industry present
(113) "industrial, medium" means the use of land, buildings and/or structures for an industrial
activity that creates adverse impacts beyond the boundaries of the site for which the
associated activity takes place due to appearance, emission of contaminants, noise, traffic
volume, odour, fire, explosive hazards or dangerous goods.
Characteristics of Industrial, Medium:
a) Light to moderate open storage, but screened with fencing and/or landscaping
b) May have a retail or wholesale component that is subordinate to the principal use
c) Moderate nuisance factors may extend past the boundaries of the site
d) Potential for a moderate degree of hazardous industry
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(114) "industrial, heavy" means the use of land, buildings and/or structures for an industrial
activity that creates significant adverse impacts beyond the boundaries of the site for which
the associated activity takes place due to appearance, emission of contaminants, noise,
odour, traffic volume, fire, explosive hazards or dangerous goods.
Characteristics of Industrial, Heavy may include:
a) Moderate to extensive open storage or stockpiling of raw materials, vehicles and
machinery that maybe partly or wholly visible off the site
b) Significant noise in the general operations of the use
c) Potential exposure of the environment to chemicals and other forms of pollution from
the general operations of the use
d) Hazardous Industry
(115) "internal local roads" includes all roads within subdivisions, and all service roads adjacent to
major two-lane highways, minor two-lane highways, and multi-lane highways;
(116) "kennel" means a building and/or site used for the breeding, care, supervision, and/or
housing of animals on either a short- or long-term basis;
(117) "landfill" means a site operated by the Town for controlled waste management where waste
collected within the municipality is recycled or permanently disposed of;
(118) "land and property rights tribunal" is a quasi-judicial tribunal that makes decisions about
land use planning, development, right of entry, compensation and assessment matters;
(119) "landscaped area" means an area of land made attractive and desirable using any or all of the
following: grass, trees, shrubs, ornamental plantings, fences, walls and associated earthworks.
It does not include areas occupied by garbage containers, storage, parking lots or driveways.
(120) "lane" means a right-of-way on which motorized vehicles are normally allowed to operate
which is 10 m or less in width;
(121) "lake" means a body of water, free from large quantities of aquatic vegetation, and
characterized by relatively large open water and deep water zones compared with the shore
zone; and, as defined by the Council of the Town of Thorsby;
(122) "library" means a building which primarily loans reading and/or visual material to the general
public;
(123) "livestock" means livestock as defined in the Agricultural Operation Practices Act;
(124) "liquor store" means a building and/or site used for "retail" but in which the goods sold are
liquor/alcohol for human consumption;
(125) "lot" means:
(a)
a quarter section,
(b)
a river lot or a lake 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
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(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;
(126) "lot coverage" means the area of a lot/parcel that is covered by buildings, structures and
other impervious surface cover. Lot coverage is measured by calculating the percentage of
the entire lot/parcel that is covered by impervious surfaces.
(127) "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;
(128) "medical marihuana" means a substance used for medical purposes authorized by a licence
issued under the federal government's Marihuana for Medical Purposes Regulations or any
subsequent legislation which may be enacted in substitution;
(129) "medical marihuana facility" (MMF) means any building in which an activity authorized by
the medical marihuana production regulations (Marihuana for Medical Purposes Regulations
SOR/2013-119), or any successor or replacement legislation or regulation, is or may be
conducted including such activities as growing, processing, labeling and packaging, storing,
and transporting of marihuana. This does not include the retail sales of marihuana for
recreational purposes;
(130) "major" means, when added as a prefix or suffix to a use, a use which, due to its nature or
relatively larger scale, will or could have, in the sole opinion of the Development Authority, an
impact on surrounding uses, or which may be intended to serve an area larger than the
immediate or local area;
(131) "Manufacturing, processing, packaging or assembly of goods or materials" means a building
and/or site where materials are merged to assemble a product and where the product is then
packaged for distribution;
(132) "may" is an operative word meaning a choice is available, with no particular direction or
guidance intended;
(133) "meat processing plant" means the processing and distributing of animal carcasses to
retailers, but does not include a kill floor;
(134) "medical clinic" means a building used for the provision of physical and mental health
services on an outpatient basis including, but not limited to dental offices, physical therapy,
pharmacy, counselling, doctor's offices, and/or chiropractic offices;
(135) "MGA" means the Municipal Government Act (Chapter M-26, R.S.A. 2000) and all regulations
and amendments passed pursuant thereto;
(136) "mini storage" means a building and/or site used for containing separate secured indoor
storage units, designed to be rented or leased for private storage of personal goods;
(137) "minor" means, when added as a prefix or suffix to a use, a use which, due to its nature or
relatively smaller scale, will or could have, in the sole opinion of the Development Authority, a
limited impact on surrounding uses, or which may be intended to serve a small or local area;
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(138) "motel" means a building or group of buildings on a parcel of land designed and operated for
the provision of rooms or suites for temporary sleeping accommodation where each room
has its own exterior access, and may include a restaurant and/or convention services;
(139) "municipality" means the Town of Thorsby;
(140) "municipal development plan" means the Municipal Development Plan approved by the
Council of Thorsby in accordance with the Act.
(141) "museum" means a building and/or site used for the display of artefacts for cultural and
educational purposes;
(142) "nightclub" means a building and/or site featuring live entertainment such as music and
dancing, and in which alcohol and food may also be served to patrons;
(143) "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;
(144) "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;
(145) "nuisance" means anything that is obnoxious, offensive or interferes with the use or
enjoyment of property, endangers personal health and safety, or is offensive to the senses.
(146) "office" means a building primarily used for the provision of professional, management,
administrative and consulting services but does not include the use as "retail";
(147) "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;
(148) "outdoor storage" means the storage of equipment, goods, raw or processed materials in the
open air and not enclosed within a building or structure.
(149) "outdoor storage yard" means a development that's primary purpose is for the storage,
stockpiling or accumulation of goods, equipment or materials in an area that is open or
exposed to the natural elements for commercial purposes.
(150) "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
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(b)
in the case of any other land, the person shown as the owner on the Land Title.
(151) "parcel of land" means the aggregate of one or more areas of land described in a certificate
of title or described in a certificate of title by reference to a plan filed or registered in a land
titles office;
(152) "park" means any parcel of land which is for use by the general public for recreational
activities, sporting, or gathering, and which may be left in a natural state or may include man-
made features including area for sporting activities, playgrounds, picnic areas, and/or walking
trails;
(153) "parking facility" means a building and/or site used for vehicular parking as a principal use;
(154) "pawn shop" means a building and/or site used for "retail" but in which the goods for sale
are second hand personal items;
(155) "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;
(156) "personal service establishment" means a use relating to the care and appearance of the
body or the cleaning and repair of personal effects. Typical uses include barber shops, beauty
parlours, nail salons, tailors, dressmakers, shoe repair shops, dry cleaning establishments
(pick-up and drop-off only), laundromats, photographic studios, personal fitness activity, and
may include accessory retail sales. This use class does not include escort services, even as an
accessory use;
(157) "playground structure" public playground structure is limited to playgrounds that are
located In municipally parks or recreation areas, and may include playground
equipment/structures, bike tracks, skateboard parks, spray parks and outdoor fitness
equipment installations.
(158) "portable storage container" means a secure, steel/wood structure that is portable in nature
(e.g. Sea Can, cargo container, shipping container etc.);
(159) "porch" means a structure abutting a dwelling having a roof but with walls that are open and
unenclosed to the extent of at least 50% thereof except for removable screens and storm
sashes or awnings, used as a private outdoor amenity space;
(160) "principle building" means a building where the principle use of the site operates from;
(161) "principle use" means the primary purpose or purposes for which a building or lot is used;
(162) "public administration" means a development that is necessary for the continued health,
safety and/or welfare of people, both residents of the County and visitors thereto. This
includes, but is not limited to, fire stations, post offices, police stations, emergency medical
stations, governmental offices/agencies, large-scale public hospitals, buildings and structures
essential to the operation/maintenance of public utilities and infrastructure.
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(163) "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;
(164) "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;
(165) "recreational facility" means a building and/or site used for sports or other active
recreational activities and may include health and fitness clubs, racquet courts, dance studios,
martial arts schools, basketball and volleyball courts, hockey arenas, football and soccer field,
and or other similar sporting fields but not including an outdoor golf course;
(166) "recycling depot" means a facility used for the purchasing, collection, sorting, packaging, and
temporary storage of empty bottles, cans, and containers or other recyclable and reusable
materials and where storage is contained within an enclosed building;
(167) "religious institution" means a building used for the congregation, meeting, study, and
prayer related to any religious faith;
(168) "repair shop" means a building and/or site used for the maintenance, and repair of any goods
and/or equipment excluding motor and/or recreational vehicles;
(169) "retaining wall" means a structure constructed to withstand lateral pressure in order to hold
back earth, loose rock, or similar materials;
(170) "restaurant" means a use where food is prepared and served on the premises for sale to
patrons, and which may or may not be licensed to serve alcohol, and may include
entertainment which is accessory to the preparation and service of food;
(171) "restaurant, drive-thru" means a building where food is prepared and sold for consumption
to patrons and which offers service through a drive up window;
(172) "retail" means a use that focuses on the display and sale of goods, wares, or merchandise.
This use includes, but is not limited to drug stores, clothing stores, sporting goods stores and
other similar uses, but does not include retail stores where the majority of total sales are
generated through the sale of adult-oriented materials (clothing, videos, magazines, etc.);
(173) "riding arena, private" means a building or structure in which equestrian, athletic or
recreational activities are carried out on the lot upon which the arena is located;
(174) "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;
(175) "salvage yard" means a building and/or site used for the storage and deconstruction of scrap
materials;
(176) "school" means a use operated by a School Board that provides grade and secondary school
instruction to pupils through courses prescribed or approved by the Provincial Government;
(177) "screening" means a fence, wall, berm, hedge or other barrier providing visual and/or
acoustic separation of sites;
(178) "sea can" see c-can;
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(179) "setback" means the perpendicular distance that a development must be set back from the
front, side or rear property boundaries of the parcel as specified in the particular District in
which the development is located;
(180) "shall" is an operative word which means the action is obligatory;
(181) "shoreline" means the bank of the body of water as determined pursuant to the Surveys Act;
(182) "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;
(183) "showhome" means a permanent dwelling which is constructed for the purpose of
illustrating to the public the type of character of a dwelling or dwellings that would be able to
be purchased or built in other parts of a subdivision or new community area. They may
contain offices for the selling of lots or dwellings in the area and are operated on a temporary
basis (up to a maximum of 5 years).
(184) "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;
(185) "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;
(186) "sign" means any word, letter, model, picture, symbol, device or representation used as, or
which is in the nature of, wholly or in part, an advertisement, announcement or direction.
Any structure, or portion thereof, which is used primarily to carry, hold, maintain, support or
sustain a sign is construed as being part of the sign, and except as provided for in this Bylaw,
is subject to all regulations governing signs;
(187) "site" means an area of land designed to accommodate, and intended to be rented for, a tent
or recreational vehicle or cabin;
(188) "slope" means the average sustained vertical deviation of land (rise) over a certain horizontal
distance (run). Slope is calculated by dividing the rise by the run
(189) "solar collector" means any device used to collect sunlight that is part of a system used to
convert radiant energy from the sun into thermal or electrical energy.
(190) "stripping and grading" means the process of altering the natural elevation of the ground
by grading, cutting, stripping, filling or breaking of ground, but does not include common
household gardening and ground care, excavation made for the building of basements,
structures, landscaping, or parking for which a Development Permit has been issued, or
extensive agriculture. Gravel pit, mineral extraction and any other similar extractive use
are not classified as stripping and grading and are a separate use
(191) "subdivision and development appeal board" means a subdivision and development appeal
board appointed pursuant to Town Bylaw and the Act;
(192) "subdivision authority" means the Subdivision Authority established pursuant to the Act
through the Town's Subdivision Authority Bylaw;
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(193) "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;
(194) "telecommunications tower" are also known as cell towers or radio masts and are structures
that support antennas for transmitting and receiving communication signals, including for
mobile phones, radio, and television, and are federally regulated by Innovation, Science and
Economic Development Canada (ISED) under the Radiocommunication Act.
(195) "temporary development" means a development for which a development permit has been
issued, and which exists for a limited time only;
(196) "theatre" means a building and/or site used to show entertainment including films, live
theatre, or musical performances;
(197) "tourist information centre" means the use of a building and/or site to dispense information
to the travelling public regarding the Town and may also include washrooms, picnic facilities,
or other similar amenities;
(198) "toe of slope" means the transition line between the slope where the grades exceed 15%
and the adjacent lowland area where the grade is less than 15%. The toe of slope is
determined by a professional surveyor
(199) "trucking establishment" means any building and/or site where commercial vehicles may
park for a short or long term stay and which may include a "convenience store," "restaurant,"
and/or "gas bar";
(200) "undeveloped lot" means a lot which does not contain a dwelling or any other building, but
which may contain utility services;
(201) "unique site requirements" are a set of site locational requirements which have been
demonstrated to the Town's satisfaction to be necessary for the development of a
commercial or industrial use to be carried out;
(202) "use" means the utilization of a building or parcel of land for a particular type of operation;
(203) "utility" means a utility as defined in the Act, as amended;
(204) "utility installations" means a building and/or site for use by a utility company maintains to
maintain or shelter any equipment used in connection with the utility;
(205) "veterinary clinic" means a building and/or site used for the medical care and treatment of
animals on either a short term or long term basis;
(206) "warehouse" means a building and/or site used for the storage of materials, goods, and
products which will ultimately be distributed and for sale at "retail" stores;
(207) "wrecking yard" means land and buildings that are used for the storage and dismantling of
old or wrecked vehicles and / or machinery for the purpose of recycling their components;
(208) "xeriscaping" means a natural approach for constructing low maintenance, water efficient,
and sustainable landscapes. It includes designing the landscape using native plants and
drought-tolerant species which require less water and chemicals.
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(209) "yard" means a part of a parcel of land upon or over which no building is to be erected unless
otherwise provided for in this Bylaw.
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PART 3 - GENERAL ADMINISTRATIVE PROCEDURES
3.1
CONTROL OF DEVELOPMENT
(1)
No development shall be undertaken within the Town unless an application for it has been
approved and a development permit has been issued, except for development not requiring a
permit outlined in Section 3.2.
(2)
In the event of a state of emergency (local or provincial) declared pursuant to the Emergency
Management Act, RSA 2000, c.E-6.8. as amended, or because of such an emergency, such
other temporary development or class of temporary development as Council may declare
may be approved in any land use district without compliance with the land use bylaw
regulations.
3.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
(1)
The following development shall not require a development permit:
(a)
The carrying out of works of maintenance or repair to any building or internal
alteration, provided that such works do not include structural alterations or major
works of renovation that would require a building permit under the Safety Codes Act;
(b)
Activities as exempted by Section 618 of the Act;
(c)
Air conditioning units;
(d)
The use of any such buildings referred to in Section 3.1(2) above, for the purpose which
construction was commenced;
(e)
Private play structures for personal recreational purposes;
(f)
A Home Business - Minor that meets all the requirements of the Home Business -
Minor categorization;
(g)
Retaining walls, less than 1.0m in height from grade;
(h)
Signage not requiring a permit as outlined in Section 12.3.2;
(i)
The use of land for a farm operation on land situated in the Urban Holdings district,
provided that the use or building conforms to the minimum setback requirements
specified in the Land Use Bylaw. Notwithstanding this section, all dwellings are subject
to obtaining a development permit;
(j)
The erection, construction, or maintenance, improvement or alteration of gates or
fences or other means of enclosure less than 1.0 m in height in front yards or in side
yards abutting a road, and less than 2.0 m in rear yards or in other side yards, and the
maintenance, improvement and other alterations of any gates, fences or walls or other
means of enclosure in compliance with Section 9.13. Notwithstanding, barbs and page
wire fences are only permitted in the Urban Holding and Industrial Land Use Districts;
(k)
All types of fences and windbreaks in the Urban Holding district;
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(l)
A temporary building, 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 for a
maximum of 6 months;
(m) 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;
(n)
The development of Town owned structures or public works, services and utilities.
Notice of such structures shall be provided to adjacent landowners for information
purposes;
(o)
Development within a basement which does not change or add to the uses in a
dwelling, which do not require a building permit under the Safety Codes Act;
(p)
Garage sales, that are temporary and less than two days long. These are typically an
outdoor display of goods, materials, and equipment for sale and may be permitted in
the front yard of Residential Districts provided the display does not obstruct traffic.
(q)
Day Homes regulated by provincial licensing requirements within a private dwelling;
(r)
All buildings which are less than 15 m² in area and which conform to the setback
requirements of the Land Use District and are not utilized for habitation;
(s)
The demolition or removal of any building or structure for which erection a
development permit would not be required pursuant to Subsections (d) to (l) above;
(t)
Dugouts in the Urban Holdings district if they conform to the regulations specified in
this Land Use Bylaw;
(u)
Excavation, stripping and grading or stockpiling provided it is part of an approved
development permit;
(v)
Swimming pools and hot tubs for personal use if they conform to the regulations
specified in this Land Use Bylaw;
(w)
Erection of flagpoles and other poles not exceeding 3 m (10 ft.) in height from grade to
the satisfaction of the Development Authority;
(x)
A permitted commercial use relocating to an existing building with a previously
approved commercial use within the same commercial District (ie. Change of use from a
permitted commercial use to another permitted commercial use in a commercial
district);
(y)
Fire pits if they conform to the regulations specified in this Land Use Bylaw;
(z)
Landscaping provided that the grades and overland water flows are not substantially
altered;
(aa) Temporary use of a building for election or census purposes; and
(bb) The construction of a decks or patios, provided that the deck or patio is uncovered, and
the walking surface is less than 60cm (2 feet) above grade and it conforms to the
regulations specified in this Land Use Bylaw; and
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3.3
NON-CONFORMING BUILDINGS AND USES
(1)
Non-conforming buildings and non-conforming uses shall be treated in accordance with the
Act, and any amendments thereto.
3.4
APPROVING AUTHORITIES - DEVELOPMENT OFFICER
(1)
The Development Authority for development permit applications is established as the
Development Officer in accordance with Section 623 of the Act through Bylaw #2023-09.
(2)
The Development Officer, as designated by the Chief Administrative Officer (CAO) in
accordance with Bylaw #2023-09:
(a)
Shall receive and process all applications for development permits and determine
whether a development permit application is complete, in accordance with Section 28,
except for development within Direct Control (DC) Districts unless otherwise specified
within a DC district;
(b)
Shall maintain, for the inspection of the public during office hours, a copy of the bylaw
and all amendments thereto and ensure that copies of the same are available for public
purchase;
(c)
Shall also establish and maintain a register, in which the application made for a
development permit and the decision made on the application shall be recorded, and
contain any such other information as deemed necessary.
(d)
Shall consider and decide on development permit applications, except for
developments in Direct Control (DC) Districts unless otherwise specified for:
(i)
Permitted uses that comply with this Bylaw and those that require variances;
(ii)
Discretionary uses that comply with this Bylaw and those that require variances;
(e)
May require a landowner to enter a development agreement for a subject property
with a proposed development;
(f)
Shall notify any adjacent landowners and any other parties deemed to be affected by a
proposed development in accordance with this Bylaw and the Matters Related to
Subdivision and Development Regulation 84/2022;
(g)
Shall receive, review and refer any applications to amend this Bylaw to Council; and
(h)
Shall perform any other duties as are specified in this Bylaw, the MGA, or by resolution
of Council.
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3.5
APPROVING AUTHORITIES - COUNCIL
(1)
Council shall be responsible for considering and deciding upon development permit
applications within any Direct Control district, except where the decision-making authority
has been delegated to the Development Officer.
(2)
Council shall be responsible for considering and deciding upon requests for time extensions
on subdivision approvals in accordance with section 657(4) of the Act.
(3)
Council shall be responsible for considering and deciding on applications to amend this Land
Use Bylaw in accordance with the Act.
(4)
In accordance with Bylaw #2023-09, Council is designated as the Subdivision Authority for the
Town of Thorsby. Council may delegate to any individual any of its required functions or
duties in the processing of subdivision applications.
3.6
APPROVING AUTHORITIES - SUBDIVISION AND DEVELOPMENT APPEAL
BOARD (SDAB)
(1)
The SDAB is established by separate bylaw (Bylaw #2023-04) pursuant to the MGA, and may
exercise such powers and duties as are specified in this bylaw, the MGA and the Subdivision
and Development Appeal Board Bylaw.
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PART 4 - DEVELOPMENT APPLICATION PROCESS
4.1
APPLICATION FOR DEVELOPMENT
(1)
An application for a development permit shall be completed and submitted to the
Development Authority in writing, in the form required by the Development Authority, and
shall be accompanied by:
(a)
A site plan, drawn to scale and in metric measurements, showing:
(i)
the legal description and north arrow;
(ii)
the front, rear, and side yards;
(iii)
any provision for off-street loading and vehicle parking, if any;
(iv)
access and egress points to the site;
(v)
The location and dimensions of all existing and proposed buildings, structures, or
uses on the property and their setbacks between buildings and from property
lines;
(vi)
Existing and proposed easements and rights-of-way; including dimensions and
type of easement, if applicable;
(b)
A map showing the presence of abandoned oil and gas wells in accordance with the
Subdivision and Development Regulation;
(c)
Statement of existing and proposed services (i.e. on-site or municipal);
(d)
Identification of existing and proposed road infrastructure that will provide access to
the development;
(e)
A statement of the current and proposed use on the lands;
(f)
The authorization of the registered landowner; and
(g)
A current copy of the Certificate of Title (COT) pulled within thirty days.
(2)
The Development Authority may also require additional information to assess the conformity
of a proposed development with this Bylaw before consideration of the development permit
application shall commence. Such information may include, but is not limited to:
(a)
floor plans, elevations and sections of any proposed buildings;
(b)
drainage, grading and landscaping plans; and, 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.
(c)
Written rationale supporting any proposed variances;
(d)
Stormwater management plans;
(e)
Landscaping plans;
(f)
A Real Property Report (RPR);
(g)
Construction Management Plan;
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(h)
Site Servicing Plan;
(i)
Traffic Impact Assessment (TIA);
(j)
Environmental Study; and
(k)
In addition, such additional information may include assessment by a registered
professional engineer of any potential flooding or subsidence hazard that may, in the
sole opinion of the Development Authority, affect the subject site.
(3)
Notwithstanding the above, additional information or studies may be required by the
Development Authority to adequately render a decision on an application;
(4)
Each application for a development permit shall be accompanied by a fee as established by
Council.
(5)
All applications for development permits on sites within an area covered by an inter-
municipal development plan shall be referred to the other municipality for comments and
recommendation.
(6)
The Development Authority may decide on an application for a development permit
notwithstanding that any information required or requested has not been submitted.
(7)
In the case where an application for a development permit has been refused pursuant to this
Bylaw or ultimately after appeal to the Subdivision and Development Appeal Board (SDAB) or
Land and Property Rights Tribunal (LPRT), the submission of another application for a permit
on the same property and for the same or similar use of the land by the same or any other
applicant need not be accepted by the Development Authority for at least six (6) months after
the date of the previous refusal.
4.2
REFERRAL OF APPLICATIONS
(1)
The Development Authority may refer for comment any matter or any application for a
Development Permit to any authority deemed necessary.
(2)
Notwithstanding 4.2(1), the Development Authority may refer to any adjacent municipality
for consideration and recommendation, any matter or any application for a Development
Permit that relates to lands that abut the municipal boundary. Circulation should be in
accordance with the policies of the Leduc County and the Town of Thorsby Intermunicipal
Development Plan (IDP).
(3)
Notwithstanding 4.2(1), the Development Authority may refer development in proximity to a
Highway:
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(a)
Applications for development located within 0.8 km dfrom the centerline of a provincial
highway and public road intersection where the proposed development would have
direct access from the highway shall be referred to Alberta Transportation and
Economic Corridors for comment prior to any decision by the Development Authority;
(b)
All applications for development located, within 150 m of the right of way of a minor
two-lane highway where the proposed development would have direct access from the
highway may be referred to Alberta Transportation and Economic Corridors for
comment prior to any decision by the Development Authority.
(4)
Having received a reply on a matter referred to any authority, the Development Authority
shall make a decision giving due consideration to the recommendations and comments
received.
(5)
After thirty (30) days from the date of referral, the application may be dealt with by the
Development Authority whether or not comments have been received.
4.3
DECISION PROCESS
(1)
In making a decision, the Development Authority may approve the application
unconditionally, approve the application subject to those conditions considered appropriate,
approve the application permanently or for a limited period of time, or refuse the application.
(2)
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.
(3)
In the case where a proposed specific use of land or a building is not provided for in any
District in the Bylaw, the Development Authority may determine that such use is similar in
character and purpose to a permitted or discretionary use prescribed for a particular District.
(4)
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
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parcels of land, and
(b)
The proposed development conforms to the use prescribed for that land or building in
this Bylaw.
(5)
An application for a development permit shall, at the option of the applicant, be deemed to
be refused when a decision thereon is not made by the Development Authority within forty
(40) days after receipt of the application by the Development Authority. The person claiming
to be affected may appeal in writing as provided for in Part 4 of this Bylaw as though they
have received a refusal at the end of the forty (40) day period specified in this subsection.
(6)
A Development Authority may suspend or revoke a development permit in writing to the
applicant at any time:
(a)
Where the permit was issued on the basis of incorrect information, fraud, non-
disclosure, or misrepresentation on the part of the applicant; or
(b)
Where the permit was issued in error.
(7)
Temporary Developments where a development permit application in a 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;
(b)
Shall impose a condition on such a permit that the Town 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 greater of 25% of the value of the structure or
$1,000.
4.4
VARIANCE AUTHORITY
(1)
Notwithstanding 4.3(3) the Development Authority may approve an application for a
development permit for a development that is a Permitted or Discretionary Use, but that
does not otherwise comply with the provisions of this Bylaw, if in the opinion of the
Development Authority:
(a)
The proposed development would not unduly interfere with the amenities of the
neighbourhood.
(b)
The proposed development conforms with the use prescribed for that land or building
in this Bylaw;
(2)
Notwithstanding 4.4(1) the Development Authority shall not grant a variance from the
regulations prescribing height, if the height variance results in an increase in floor area, lot
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coverage, floor area ratio (FAR), or density.
(3)
In addition to the considerations provided under 4.4(1), a variance may only be granted if, in
the opinion of the Development Authority:
(a)
The variance requested maintains the intent and purpose of the Municipal
Development Plan;
(b)
The variance requested maintains the intent and purpose of this Bylaw;
(c)
The variance is desirable for the appropriate and orderly development or use of the
land; and
(d)
The variance, in the opinion of the Development Authority, is truly minor in nature.
(4)
All requests for a variance shall be accompanied by a letter from the applicant clearly stating
the reasons for the variance, outlining the applicable criteria identified in 4.4(3), and the
nature of the hardship incurred if the variance is not granted.
(5)
If a variance is granted pursuant to this Section, the Development Authority shall specify its
nature in the Development Permit approval.
(6)
The maximum variance that may be granted by the Development Authority is 10%, provided
it complies with 4.4.1 and 4.4.3 of this Bylaw.
(7)
Any building and/or structure, built prior to January 1, 2025, may have the minimum side
setback and minimum rear setback requirements varied by a maximum of 40% at the sole
discretion of the Development Authority. The Development Authority is not bound by the
maximum variance in Section 4.4(6). In accordance with Section 4.5, a variance application
shall be required, and the applicant must demonstrate that the structure was built prior to
January 1, 2025, in a manner deemed satisfactory to the Development Authority.
4.5
DEVELOPMENT PERMITS AND NOTICES
(1)
Except for those permits described in Section 4.5(3) hereof, a permit granted pursuant to this
Part does not come into effect until twenty-one (21) days after the date a decision or
development permit is publicized as described in 4.5(4). Any development proceeded with by
the applicant prior to the expiry of this period is done solely at the risk of the applicant.
(2)
Where an appeal is made pursuant to Part 4 of this Bylaw, a development permit which has
been granted shall not come into effect until the appeal has been determined and the permit
has been confirmed, modified or nullified thereby.
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(3)
When a permit has been issued for the development of a permitted use, and no provisions of
this Bylaw have been relaxed or varied, or when Council makes a decision on a development
permit application within the DC District, no notification shall be given of the decision except
to the applicant.
(4)
When a permit other than a permit described in Section 4.5(3) hereof has been issued, the
Development Authority shall immediately:
(a)
Post a notice of the decision conspicuously on the property for which the application
has been made; and/or
(b)
Mail a notice in writing to all adjacent landowners who, in the sole opinion of the
Development Authority, may be affected; and/or
(c)
Publish a notice of the decision on the Municipal website, stating the location of the
property for which the application has been made and the use approved.
(5)
If the development authorized by a permit is not commenced within twelve (12) months from
the date of the issue of the development permit, and completed within three (3) years of the
date of issue, the permit is deemed to be void, unless an extension to this period is granted
by the Development Authority.
(6)
A decision of the Development Authority on an application for a development permit shall be
given in writing and a copy of it sent to the applicant.
(7)
When the Development Authority refuses an application for a development permit, the
decision shall contain reasons for the refusal.
4.6
DEVELOPMENT AGREEMENTS
(1)
The Town may register a caveat pursuant to the provisions of the Land Titles Act and the
Municipal Government Act in respect of an agreement under this Section against the
Certificate of Title for the land that is the subject of the development, which said caveat shall
be discharged when the agreement has been complied with.
(2)
The Town may require conditions consistent with section 4.1(1) or any other conditions as
deemed appropriate, the applicant to enter into an agreement to construct or pay for the
construction of public roadways or parking facilities, to install or pay for the installation of
utilities and/or to pay an off-site levy imposed by bylaw. This may involve the applicant
posting security with respect to the development and paying for construction, where the
development requires a road or traffic infrastructure improvement specifically to
accommodate the development. The applicant for a development permit may be required to
provide dust control adjacent to existing residences located on roads impacted by the
development. The Development Authority may require that commercial vehicular traffic be
limited to certain roads when gaining access to and from a site.
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PART 5 - SUBDVISION REGULATIONS
5.1
SUBDIVISION REQUIREMENTS
(1)
Any instrument that has the effect or may have the effect of subdividing a title or parcel of
land that requires registration at the Land Titles office shall require subdivision approval from
the Town of Thorsby Subdivision Authority, unless otherwise exempt by the MGA.
5.2
SUBDIVISION APPLICATIONS
(1)
An applicant applying for subdivision shall provide the required material and information as
requested by the Subdivision Authority or its designate. A completed application shall consist
of:
(a)
An official application, on official Town of Thorsby application forms, clearly and legibly
filled out with all the required information and signatures provided as requested on the
form;
(b)
The applicable fees paid;
(c)
An up-to-date and current copy of the Certificate of Title pulled within thirty (30)
days from Alberta Land Titles for the subject land;
(d)
A clear and legible site plan, surveyors sketch or tentative plan of subdivision with
dimensions to scale and in metric and a north arrow. The Subdivision Authority may
require that it be prepared by a professional surveyor at their discretion.
(e)
Information on all provincial abandoned gas wells in proximity of the proposed
subdivision;
(f)
Any such other information as may be requested by the Subdivision Authority
depending on the unique site circumstances, including, but not limited to:
(i)
Geotechnical and/or soil analysis reports;
(ii)
Water reports;
(iii)
Soil or slope stability analysis;
(iv)
Drainage information;
(v)
Contours and elevations of the land;
(vi)
Engineering studies or reports;
(vii) Biophysical impact reports, biophysical overviews or wetland assessments;
(viii) Environmental impact assessments;
(ix)
Utility and servicing information; and
(x)
The preparation of a conceptual or area structure plan may be required from
the applicant prior to a decision being made on a subdivision application for
multiple-lot applications.
(g)
Authorization from the landowner for the Subdivision Authority to access the subject
lands for the purposes of conducting a site inspection in accordance with the Municipal
Government Act (MGA) unless determined not to be needed by the Subdivision
Authority.
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(2)
In accordance with the MGA, the Subdivision Authority or those authorized to act on its
behalf, shall provide notification to a subdivision applicant within the 20-day prescribed time
period, on whether a submitted application is deemed complete, or if it is determined to be
deficient, what information is required to be submitted by a specified time period, by sending
notification in the following manner:
(a)
For an application deemed complete, the applicant shall be notified in writing as part
of the formal subdivision application circulation referral letter, or through electronic
communication (email), or both.
(b)
For an application determined to be incomplete, written notification shall be given to
the applicant which may be in the form of a letter sent by regular mail to the applicant,
or sent by electronic means, or both, or by any other method as may be agreed to
between the applicant and Subdivision Authority.
(c)
In respect of subsection 5.3 for a subdivision application determined to be incomplete,
the applicant will be advised in writing as part of the Notice of Incompleteness what the
outstanding or required information items that must be submitted by the time
specified in the notice.
(3)
Notwithstanding Section 5.3(1), the applicant and Subdivision Authority may agree and sign a
time extension agreement in writing in accordance with Section 653.1(3) of the MGA to
extend the 20-day decision time period to determine whether the subdivision application and
supporting information submitted is complete.
(4)
A determination made by the Subdivision Authority that an application is complete for
processing does not preclude the ability for the Subdivision Authority to request other
information or studies to be submitted by the applicant during the review and processing
period, prior to a decision being rendered, or as condition of subdivision approval.
5.3
INCOMPLETE SUBDIVISION APPLICATIONS
(1)
The Subdivision Authority may refuse to accept and process a subdivision application where
the information required under Section 5.2(1) and/or as described in a Notification of
Incompleteness has not been submitted, is determined to be deficient, is still incomplete, or
in the opinion of the Subdivision Authority the quality of the material supplied is inadequate
to properly evaluate the application.
(2)
If the Subdivision Authority makes a determination that the application is refused due to
incompleteness, the applicant shall be notified in writing with reasons in accordance with the
MGA.
(3)
The notification provided for in subsection (b) shall include for the applicant the required
information on the filing of an appeal and to which appeal board body the appeal lies, either
the local appeal board or Land and Property Rights Tribunal (LPRT), in accordance with the
parameters of the MGA.
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5.4
SUBDIVISION APPLICATION NOTIFICATIONS & DECISIONS
(1)
On receipt of a complete application for subdivision approval, the Planning Advisor must refer
a notice and copy of the application to:
(a)
the Government departments, agencies, persons and other local authorities or
agencies required by the subdivision and development regulations; and
(b)
owners of land located adjacent and contiguous to the land that is the subject of
the application.
(2)
The notice under subsection 5.4(1) must describe the nature of the application, the method
of obtaining further information about the application and the manner in which and time
within which written submissions may be made to the Subdivision Authority.
(3)
The Subdivision Authority must make a decision on an application for subdivision within:
(a)
21 days from the date of receipt of a completed application under subsection 5.2
(2)(a); or
(b)
60 days from the date of receipt of all other applications;
Unless a time extension has been agreed to by both parties that sets an alternate date for
a decision to be made on the subdivision application.
(4)
If an applicant refuses to enter into a time extension agreement, the application may be
deemed to be refused if no decision is made within the time prescribed, and the applicant
may file an appeal with the appropriate Appeal Board (SDAB or LPRT) to render a
decision.
(5)
A Subdivision Authority when considering an application under this Section, (a) must
consider the written submissions of those persons and local authorities to whom an
application for subdivision approval or notice of application was given in accordance with
this Section but is not bound by the submissions unless required by the Subdivision and
Development Regulations; and (b) is not required to hold a hearing.
(6)
A Notice of Decision with Reasons must be provided to the applicant, and those
Government departments, agencies, and other relevant authorities originally notified.
5.5
CONDITIONS OF SUBDIVISION APPROVAL
(1)
The Subdivision Authority may impose conditions to ensure that the requirements of the
MGA, the regulations, the statutory plans, and the bylaw are complied with.
(2)
The Subdivision Authority may impose a condition requiring the applicant to enter into a
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Development Agreement with the Town for:
(a)
construction of a public roadway required to give access to the development;
(b)
construction of a public pedestrian walkway;
(c)
Landscaping improvements for the subject property;
(d)
the installation of utilities necessary to serve the development;
(e)
an off-site levy or redevelopment levy under the MGA; and
(f)
to provide a financial security in a form acceptable to the Town to ensure the terms
of the agreement are carried out.
(3)
The Development Agreement may, at the option of the Town, be registered in the Land
Titles Office in the form of a caveat against the certificate of title for the land that is the
subject of the development agreement.
(4)
A caveat registered on a subject parcel shall be discharged by the Town when the
requirements, maintenance time periods and conditions of the agreement have been met.
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PART 6 - DEVELOPMENT APPEAL PROCESS
6.1
APPEAL PROCEDURE
(1)
The Subdivision and Development Appeal Board, as established by Town Bylaw, shall hear
and make a decision on an appeal, when it is within its authority, in accordance with the Act
where a Development Authority:
(a)
Refuses or fails to issue a development permit to a person within forty (40) days of
receipt of the application, or
(b)
Issues a development permit subject to conditions, or
(c)
Issues an order under Part 6 of this Bylaw; and
(i)
The person applying for the permit or affected by the order, or any other person
affected by an order, decision or development permit of a Development
Authority appeals to the Subdivision and Development Appeal Board.
(2)
Notwithstanding Subsection (1) above, no appeal lies in respect of the issuance of a
development permit by the Council within a DC District, or for a permitted use unless the
provisions of this Bylaw were relaxed, varied or misinterpreted.
(3)
An appeal shall be made by serving a written notice of appeal and submitted the applicable
fee to the Secretary of the Subdivision and Development Appeal Board within fourteen (14)
days after:
(a)
The date the order, decision or permit issued by the Development Authority was
publicized in accordance with this Bylaw; or
(b)
The forty (40) day period referred to in Section 4.3(5) of this Bylaw has expired.
6.2
APPEAL HEARING FOR THOSE WITHIN THE AUTHORITY OF THE SDAB
(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.
(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)
Those adjacent landowners 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
(d)
Such other persons as the Subdivision and Development Appeal Board specifies.
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(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, its refusal and the appeal therefrom; or
(b)
The order of the Development Authority, as the case may be.
(4)
At the appeal hearing referred to in subsection (1), the Subdivision and Development Appeal
Board shall hear:
(a)
The appellant or any other person acting on their 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 and who wishes to be
heard or a person acting on their 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
their behalf.
6.3
APPEAL DECISION
(1)
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.
(2)
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.
(3)
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 issue the development permit in accordance with the decision of the Subdivision
and Development Appeal Board.
(4)
If the decision of the Development Authority to approve a development permit is varied by
the Development Appeal Board, the Development Authority shall forthwith issue the
development permit in accordance with the decision of the Subdivision and Development
Appeal Board.
(5)
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 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
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(b)
within thirty (30) days after the issuance of the order, decision, permit or approval
sought to be appealed.
6.4
LAND AND PROPERTY RIGHTS TRIBUNAL (LPRT)
(1)
In accordance with the Municipal Government Act (MGA), all appeals that are required to
be heard by the Land and Property Rights Tribunal (LPRT) shall be brought forward to this
Tribunal as per the Act.
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PART 7 - BYLAW AMENDMENT PROCESS
7.1
APPLICATION FOR AMENDMENT
(1)
Any person may apply to have this Bylaw amended by applying in writing, furnishing reasons
in support of the application and paying the fee therefore required.
(2)
Council may at any time initiate an amendment to this Bylaw by directing the Development
Authority to initiate an amendment.
(3)
All applications for amendment to the Land Use Bylaw shall be made to the Council and shall
be accompanied by the following, namely:
(a)
An application fee according to the governing fee schedule as amended from time to
time by resolution of Council shall be submitted for each application, but if the
proposed amendment is adopted by Council, Council may determine that the whole or
part of the application fee may be returned to the applicant;
(b)
A title search for the land affected or other documents satisfactory to the Development
Authority indicating the applicant's interest in the said land;
(c)
An overview as to how the land use amendment aligns with the policies of Thorsby's
Municipal Development Plan (MDP);
(d)
Information on proposed servicing;
(e)
Drawings drawn to the satisfaction of the Development Authority, which shall be fully
dimensioned, accurately figured, explicit and complete; and
(f)
Any other information deemed necessary by the Development Authority.
(4)
Notwithstanding Subsection (3)(a) above, Council may waive payment of an application fee or
any part thereof.
(5)
During deliberation on the Bylaw amendment application, Council may refer the application
to such agencies as it considers necessary for comment.
(6)
Council may request such information as it deems necessary to reach a decision on the
proposed amendment.
7.2
PUBLIC HEARING PROCESS
(1)
All amendments to this Bylaw shall be made by Council, by Bylaw, and in conformity with the
requirements of the Act regarding the holding of a Public Hearing.
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(2)
Prior to any Public Hearing, the Town shall give notice in accordance with the Act.
(3)
First reading of a proposed amendment is given before the Public Hearing, 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 Town.
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PART 8 - ENFORCEMENT
8.1
CONTRAVENTION
(1)
Where a Development Authority finds that a development or use of land or buildings is not in
accordance with:
(a)
The Act or the regulations made thereunder, or
(b)
A development permit or subdivision approval, or
(c)
This Bylaw;
The Development Authority may, by notice in writing, order the owner, the person in
possession of the land or buildings, or the person responsible for the contravention, or all or
any of them to:
(d)
Stop the development or use of the land or buildings in whole or in part as directed by
the notice, and/or
(e)
Demolish, remove or replace the development, and/or
(f)
Take such other measures as are specified in the notice;
(i)
So that the development or use of the land or buildings is in accordance with the
Act, the regulations made thereunder, a development permit, subdivision
approval or this Bylaw, as the case may be.
(2)
Where a person fails or refuses to comply with an order directed to him under Subsection (1)
above or an order of the Subdivision and Development Appeal Board within the time
specified, the Development Authority may, in accordance with Section 542 of the Act, with
the support of a Peace Officer, enter upon the land or building and take such action as is
necessary to carry out the order. A person who contravenes or fails to comply with any
provision of their development permit is guilty of an offence and is liable upon summary
conviction of a fine.
(3)
Where the Development Authority carries out an order, the Council shall cause the costs and
expenses incurred in carrying out the order to be placed on the tax roll as an additional tax
against the property concerned, and that amount shall be collected in the same manner as
taxes on land.
(4)
A person who contravenes or fails to comply with any provision of this Bylaw is guilty of an
offence and is liable upon summary conviction to a fine not exceeding $10,000.00 or to
imprisonment for not more than one year, or to both fine and imprisonment, pursuant to
Section 566 of the Act.
(5)
A Development Authority may suspend or revoke a development permit which has not been
complied with, following notification, stating the reasons for such action.
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(6)
In addition to the process and penalties described above, the Development Authority or any
other person identified as a designated Peace Officer by the Council for the purposes of this
Section, shall be authorized to inspect any development to confirm compliance, and if not in
compliance to issue violation tickets in respect to any contravention of this Bylaw.
(7)
The Town may register a caveat under the Land Titles Act in respect of an order referred to in
this Section against the Certificate of Title for the land that is the subject of an order.
(8)
If a caveat is registered under this Section of the Bylaw, the Town must discharge the caveat
when the order has been complied with.
(9)
Violation Tickets:
(a)
The Development Authority may direct a Peace Officer for the purposes of this Section,
to issue a violation ticket to any person alleged to have breached any provision of this
Bylaw.
(b)
The violation ticket shall specify the alleged offence committed by the person to whom
the violation ticket is issued and require voluntary payment, or the option of a court
appearance on a date specified, and will be dealt with thereafter at the court's
discretion.
(c)
Persons contravening any provision of this Bylaw to whom violation tickets are issued
shall be liable for a penalty of $500.00 for a first offence and $1000.00 for a second or
subsequent offence within the same calendar year. Each day that a breach of the
Bylaw has occurred may be considered to be a separate offence.
(d)
Violation tickets shall be issued in accordance with the penalties specified in Appendix 1
of this Bylaw.
(e)
The violation ticket shall be served upon the alleged offender personally, or if the
defendant cannot be conveniently found, by leaving it for the defendant at the
defendant's place of residence with a person on the premises who appears to be at
least 18 years of age. If payment is made within the time limit, then such payment shall
be accepted in lieu of prosecution for the offence.
(f)
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.
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PART 9 - GENERAL REGULATIONS
9.1
ACCESSORY BUILDINGS AND USES
(1)
No person shall construct or utilize an accessory building except in compliance with this
section.
(2)
All accessory buildings shall be located at least 2.0 m from any principal building.
(3)
An accessory building shall not be used as a dwelling unit..
(4)
An accessory building shall not be constructed within the required front yard setback area of
any district.
(5)
Accessory buildings shall be constructed with exterior finish materials that compliment
those of the principal building.
(6)
An accessory building shall not be located on an easement or utility right-of-way.
(7)
An accessory building shall not be developed or approved on a lot prior to the issuance of a
development permit for the principal building or use on the lot.
(8)
Decks, balconies, sunrooms and the like shall not be constructed on top of an accessory
building unless the setbacks of the accessory building comply with the allowable setbacks for
the principal building in that district.
(9)
An accessory building, regardless of size, is required to meet the setback requirements for
the District in which it is located.
(10) Any building or use which is accessory to a lawful use in any land use designation is deemed
to be permitted in all land use districts in Part 13.
(11) Portable Storage Container(s) as an Accessory Building shall only be allowed in land use
districts where they are listed as a permitted or discretionary use.
9.2
BARE LAND CONDOMINIUM
(1)
Bareland condominiums may be approved where the proposed development fully complies
with the regulations of the district, pursuant to the regulations in this section.
(2)
Development of land within a bareland condominium shall be considered as if each
condominium unit is an individual lot within a fee-simple subdivision.
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(3)
Improvements required to service a bareland condominium shall conform to Town
standards.
(4)
A bareland condominium shall ensure that all bareland condominium units are accessed by a
public roadway, condominium common property, or a unit characterizing condominium
common property.
(5)
The Condominium Association or registered landowner in a condominium development shall
be responsible for ensuring all conditions of the approved Development Permit are
completed to the satisfaction of the Town and remain unaltered. This Bylaw takes
precedence over all condominium bylaws or architectural controls. The Town has no legal
ability to enforce condominium association bylaws
(6)
Structures constructed on bare land condominium units shall comply with the general
regulations of this bylaw.
(7)
For the purposes of this Bylaw, a bareland condominium plan is a plan of subdivision
9.3
BUILDING HEIGHT
(1)
If the height of a building is required to be measured or determined, it shall be measured by
calculating the average vertical distance between the natural grade, or the average natural
grade in the case of a sloping grade, and the highest point of the building as determined
under Subsection (2). Sum of height = X (being the highest point) + Y (being the lowest point)
/ 2 = height average as showing in the illustration below.
(2)
In determining the highest points of a building, the following structures shall not be
considered to be part of the building: an elevator housing; mechanical housing; roof
stairway entrance; ventilations; a skylight; a steeple; a smokestack; a parapet wall, or a
flagpole or similar device not structurally essential to the building.
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FIGURE 9.3.1 - BUILDING HEIGHT CALCULATIONS
Height Average = (X+Y)/2
9.4
CORNER AND DOUBLE FRONTING PARCELS
(1)
In all districts, a site abutting onto two streets or more shall have a front yard setback on
each street in accordance with the front yard regulations of this Bylaw.
(2)
In all cases, the location of building on corner sites shall be subject to approval of the
Development Authority who may, at their discretion, relax the front yard setback
requirements taking into account the location of existing adjacent buildings or the permitted
setback on adjacent sites where a building does not exist.
(3)
On corner parcels contiguous to a highway the Alberta Infrastructure Highway "Minimum
Site Triangle" Design Guidelines shall apply.
9.5
DESIGN, CHARACTER AND APPEARANCE OF BUILDINGS AND
STRUCTURES
(2)
The purpose of this Section is to provide the Town with controls and guidance to ensure that
aesthetically attractive and compatible development is provided throughout the Town.
(3)
The quality of exterior treatment and design of all buildings and fences shall be to the
satisfaction of the Development Authority for permitted uses and discretionary uses.
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(4)
All developments shall be located in a manner which the main entrance faces onto the front
road and maintains privacy of the neighbouring parcels.
(5)
In commercial districts garbage shall be stored in weatherproof containers screened from
adjacent sites and public thoroughfares to the satisfaction of the Development Authority
and shall be in a location easily accessible for pickup.
(6)
In commercial, multi-residential or institutional developments, the location of the garbage
enclosures must be indicated on the site plan with appropriate access provided.
(7)
Pursuant to Subsection (2), the Development Authority shall consider, but not be limited to
the following criteria when evaluating the design, character and appearance of development
proposals in all Districts.
(a)
General Guidelines:
(i)
The design, character and appearance of all buildings must be compatible with
any other buildings existing in the vicinity unless the building is setting a new
standard of design and character for the land use district or a particular location
of it;
(ii)
The design of the building or development must be consistent with the purpose
and intent of the land use district in which it is located;
(iii)
The building shall comply with any provisions of a statutory plan or architectural
control guidelines adopted by Council.
(b)
Guidelines for Commercial and Industrial Development:
(i)
The harsh contrasts of very large or massive buildings mixed with small buildings
can be softened by using similar sizes and shapes of massing elements, like roof
lines, exterior design and treatment;
(ii)
Blank, unfinished walls give a very bland appearance to the streetscape.
Particular attention should be given to reduce large vacant spaces between
buildings which are left open to public view;
(iii)
Rooftop mechanical equipment should be hidden from view from public streets
and from adjacent buildings;
(iv)
Utility installations and buildings should be located in such a manner so as to be
compatible with adjacent buildings and development. This may be achieved by
placing utility installations within buildings wherever possible, or development
utility buildings which blend into the surrounding area;
(v)
Natural features are an important part of the urban environment and should be
given a high priority in developing a site. This may be achieved by preserving
existing trees wherever possible;
(vi)
Corner sites at the intersection of major streets should be given special
consideration. Sight lines for drivers and more pedestrian space are features
which should be incorporated into the design of buildings on corner lots;
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(vii) Buildings should provide weather protective overhangs at outdoor pedestrian
areas and at building entrances. The overhangs can be achieved through the
use of cantilevers, awnings and canopies;
(viii) Long buildings along the street front should include a public route through the
building which can be accessed by pedestrians to parking areas or simply to
reduce having to walk around the building;
(ix)
Large pedestrian areas or parcels should be designed for safety and at a
pedestrian scale. The combination of landscaping and pedestrian walkway
connections from the parking area to the shopping areas can act as a windbreak,
slow the traffic in the parking area, and soften the harsh visual impact of large
asphalt areas;
(x)
The site illumination of commercial and industrial sites should not shine into
residential windows;
(xi)
On-site parking, loading and shipping areas are less attractive elements of a
streetscape and should be hidden from public roadways by buildings, screening
and landscaping;
(xii) Outdoor storage and garbage collection areas are generally unsightly and
undesirable elements from public roadways and should be screened or hidden
behind buildings. Existing storage and garbage collection areas should be
screened from roadways by using berms, walls and landscaping.
(c)
Guidelines for Residential Development:
(i)
Visual privacy of internal living space and areas should be maintained in new
and existing developments. The use of berms, landscaping and the orientation
of the dwellings and the living space windows can improve the visual privacy
between developments;
(ii)
Identical or similar housing styles, models, designs and colors should be
discouraged. The same housing color, design or treatment should not be used
for any more than three adjacent dwellings;
(iii)
Corner lot houses should be generally lower lying houses as height and mass is
emphasized beside a void such as a road.
(iv)
Any accessory building built on a lot, such as a detached garage or garden shed
should be of proportional mass, roof line and treatment as the principal
building.
(v)
Developments should be encouraged to possess good proportion in the front
elevations through the use of such elements as dormers, bay windows, shutters,
brickwork, roof lines and variations of window sizes.
(d)
Fabric Structures:
(i)
The Development Authority may only approve a Development Permit for a
Fabric Covered Structure in situations where:
(1)
The structure is an accessory building on the parcel and not placed in the
front yard and,
(2)
The structure is approved as a temporary structure, with a defined time
period outlined in the conditions of the development permit, and
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(3)
The structure meets all Alberta Building Code regulations, and it is setback
a minimum of 3.0m (10 ft.) from all other structures on the subject parcel,
and
(4)
It is maintained in good condition and the fabric is not frayed or damaged.
(ii)
There is a maximum of one fabric-covered structure allowed per parcel
9.6
DEVELOPMENTS ON OR NEAR SLOPES
(1)
Notwithstanding the yard requirements prescribed in the land use districts, no permanent
buildings shall be permitted within 20.0 m of the top of the bank of any waterbody and no
development shall be permitted within 20.0 m of the top (top of slope) or bottom (toe of
slope) of an escarpment, bank or slope where the grade exceeds 15% (fifteen percent).
(2)
The Development Authority may require greater setback than is prescribed in Section
9.6(1).
(3)
Notwithstanding that a proposed development conforms in all respects with this Bylaw,
including Sections 9.6(1) and 9.6(2), where the application is for development on lands that
are or may be subject to subsidence, the Development Authority shall not issue a
development permit unless the applicant can demonstrate that preventative engineering
and construction measures can be instituted to make the parcel suitable for the proposed
development.
(4)
Subject to Section 9.6(3), the Development Authority may, at their discretion, reduce the
setback requirements established pursuant to Sections 9.6(1) and 9.6(2) if the applicant
provides satisfactory proof of bank stability.
9.7
DEVELOPMENTS NEAR WATER
(1)
Notwithstanding 9.6(1), the Development Authority may require reports to be submitted
by a professional surveyor to help determine the setback distance from water bodies. The
setback may be reduced if supported by a report submitted by a professional engineer and
all approvals obtained in accordance with the Environmental Protection and Enhancement
Act (EPEA)
9.8
DRIVEWAY CURB CUTS
(1)
The nearest edge of a proposed curb cut to the nearest curbline of the street intersection
shall not be less than 12.0 m.
(2)
No approach shall be constructed within 3.0 m of a community mailbox or hydrant, or 1.0 m
of a light post or a utility pedestal.
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(3)
The minimum distance between approaches serving the same property shall be 18.0 m
measured along the applicable lot line(s).
(4)
An approach extending over a drainage ditch will require a development permit from the
Town.
(5)
The maximum width of the curb cut shall not exceed 9.1 m in industrial districts and 6.0 m in
all other districts, unless otherwise specified by the Development Authority for reasons of
public safety or convenience.
(6)
Notwithstanding 3.1, a development permit shall not be issued without the driveway curb
cut location and size being identified and approved by the Development Authority.
9.9
DWELLING UNITS ON A PARCEL
(1)
The number of dwelling units allowed on any single parcel shall be one, except where
additional dwellings are:
(a)
Contained in a building designed for, or divided into, two or more dwelling units and is
located in a land use district which permits multiple units and as part of an approved
development permit that clearly outlines the number of dwelling units proposed; or
(b)
A housing, secondary suite that is approved in accordance with this Bylaw and a listed
use in a district; or
(c)
A building defined in the Condominium Property Act (Chapter C-22, R.S.A. 2000) and
all regulations and amendments thereto and is the subject of an approved
condominium plan registered under that Act.
9.10 EMERGENCY ACCESS TO BUILDINGS
(1)
Sites shall be so designed that, in the opinion of the Development Authority, appropriate
access for fire fighting equipment is afforded to all buildings, moreover,
(a)
In the case of industrial, commercial, multiple family, or public or quasi-public sites,
the distance between the fire hydrant and any driveway or access point shall be a
minimum of 3.0 m. In the case of single-detached dwelling sites, the distance
between the fire hydrant and any driveway or access point shall be a minimum of
1.85m; and
(b)
No person shall in any manner obstruct the fire access to any hydrant, valve or curb
stop. No vehicle, building, structure, or vegetation higher than 0.5 m, shall be placed
within 1.5 m from a hydrant.
(2)
On at least two sides, one of which shall be the longest side, of any building used as an
apartment building and which exceeds two storeys in height, there shall be firm level areas
accessible for fire fighting equipment for at least 75% (seventy five percent) of the length of
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each of the two sides of the building. Such areas shall not be less than 4.25 m in width and
not more than 3.0 m from the building, and no permanent structure or vehicular parking
shall be permitted thereon.
(3)
A lane or lanes for the purpose of permitting the access of fire fighting equipment to all
major access points of shopping centre buildings shall be provided, and no permanent
structures or vehicular parking may be permitted thereon.
9.11 STRIPPING AND GRADING, EXCAVATION
(1)
For the purpose of this Section, stripping and grading/excavation shall mean excavation
other than for construction or building purposed, including, but not limited to, sand and
gravel mining, topsoil stripping, and construction of artificial bodies of water.
(2)
Stripping and grading or excavation activities is considered a discretionary use in all land use
districts and shall require a development permit.
(3)
An applicant for a development permit for the excavation, stripping or grading of land,
which is proposed without any other development on the same land, shall include with their
application the following information:
(a)
Location of the lot, including the municipal address if any, and legal description;
(b)
The area of the lot on which the development is proposed;
(c)
The type of excavation, stripping or grading proposed, showing the dimensions of the
operation or the area of the land and depth to which the topsoil is to be removed;
(d)
Location on the lot where the excavation, stripping or grading is to be made on the lot;
and
(e)
The condition in which the excavation, stripping or grading is to be left when the
operation is complete or the use of the area from which the topsoil is removed.
(f)
A description of the measures to be taken for the prevention or lessening of dust and
other nuisances during and after the operation
(4)
Where, in the process of development, areas require levelling, filling, or grading, the topsoil
shall be removed before work commences, stockpiled, coverage of 0.15 m shall be provided
upon occupancy of the development, and the affected area shall be graded and landscaped
to the satisfaction of the Development Authority.
9.12 EXISTING SUBSTANDARD LOTS
(1)
Development on existing substandard lots may be considered by the Development Authority
who shall have due regard for compliance with the Safety Codes Act and its regulations prior
to granting approval.
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9.13 FENCES
(1)
In any district, except as herein provided,
(a)
No fence shall be constructed that is located on public property;
(b)
No fence shall be constructed that is:
(i)
For internal lots, no higher than 2.0 m for that portion of the fence that does not
extend beyond the foremost portion of the principal building on the site and 1.0
m for that portion of the fence that does extend beyond the foremost portion of
the principal building on the lot;
(ii)
For corner lots, no higher than 2.0 m for that portion of fence that does not
extend beyond the foremost portion of the principal building abutting the front
yard on the narrow frontage and 2.0 m on the property line on the front yard
abutting a public road and lane if, in the opinion of the Development Authority,
it will not prejudice the safety and amenities of the adjoining lots;
(iii)
In the case of corner lots, no person shall construct a fence or other screening,
including landscaping, more than 1.0 m high within the triangular area 6.0 m
back from the intersecting front boundary lines of the lot, regardless of whether
or not a corner cut-off has been taken; and
(iv)
Where lots have both their front and rear yards facing onto a street, special
approval of the Development Authority must be obtained prior to the erection
of any fences on such properties. Size and specifications for fences in these
areas must conform with the overall standard set for the area by the Town.
(2)
Apartments or row houses adjacent to a single detached residential dwelling shall provide a
wooden fence, or other such screening approved by the Development Authority, of not
more than 2.0 m in height along the side abutting the single detached dwelling;
(3)
In the case of commercial, public and quasi-public uses abutting a residential area, a solid
fence shall be provided of at least 1.5 m in height and no higher than 2.0 m along the sides
abutting the residential area;
(4)
Notwithstanding Subsection (1) above, the maximum height of a fence in an Industrial or
Urban Holdings District shall be determined by the Development Authority. Where a fence
has been permitted to be higher than 2.0 m in an Industrial or Urban Reserve District, no
barbed wire fences shall be permitted below a height of 2.0 m. This requirement may be
relaxed by the Development Authority at their discretion in an area where residences would
not be in close proximity to the fence proposed;
(5)
No electrification of fences shall be permitted; and
(6)
No barbed wire fences shall be permitted in residential districts.
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(7)
The quality of all fences shall compliment the external finish of the primary development on
the parcel and meet the design standard of the neighbourhood. Fence design shall be to the
satisfaction of the Development Authority.
FIGURE 9.13.1 - FENCE DIAGRAM
9.14 FLOODPLAIN DEVELOPMENT & ENVIRONMENTALLY SENSITIVE AREAS
(1)
Development Permit Applications where a portion of a parcel is in the 1:100 year floodplain,
shall be accompanied by the following information requirements:
(a)
Elevation of the site as prepared by a surveyor or engineer;
(b)
Proposed elevation of main floor of residential buildings as prepared by a professional
surveyor or engineer ; and
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(c)
A statement and/or analysis, which demonstrates the suitability of the development to
the site as compared to other locations on the parcel.
(2)
An applicant for development in or near an area deemed to be environmentally significant by
the Development Authority may be required to submit an environmental impact assessment
or biophysical impact assessment as part of a development permit, subdivision or land use
amendment application.
(3)
When considering development involving land in or near an environmentally significant area,
the Development Authority may refer the application to federal and provincial departments
and other relevant environmental agencies for comments prior to reaching a decision. The
Development Authority may also consider municipal mapping that denotes environmentally
significant areas within the Town.
(4)
A Development Permit issued for a Permitted or Discretionary Use within an environmentally
significant area may include conditions for meeting specific environmental objectives
determined by the Development Authority. Such conditions may include, but are not limited
to, restrictions on site clearing and grading, additional setback requirements, retention of
shelterbelts, fencing, siting and standards of buildings, emission controls, and buffering
requirements.
9.15 INDUSTRIAL USES
(1)
Any proposed development that is within the industrial uses defined in this Bylaw, including
the production, processing, cleaning, testing, repair, storage or distribution of any material,
shall conform to the following standards:
(a)
Obvious toxic and noxious materials or dust or ash shall not be released into the
atmosphere at such a rate as to interfere with the use and enjoyment of property or
to endanger the health or safety of the public.
(b)
No industrial operation shall be carried out which would result in the direct projection
of glare or heat onto adjacent properties.
(c)
Waste products shall not be discharged into any sewer or private sewage disposal
system if the nature of such waste products, or the manner of their discharge, would
exceed the design standards for the sewer or sewage disposal system.
(2)
To evaluate the impact of hazardous materials risk, development proposals that have the
potential to cause off-site impacts during the release of a hazardous material may be required
to include a Hazardous Materials Impact Analysis (HMIA) at the discretion of the
Development Authority.
(3)
This HMIA analysis shall provide basic information on the project (including site design and
proposed hazardous materials use), describe likely incident scenarios, an overview mitigation
actions designed to limit the potential for off-site impacts on adjacent land uses or
environment and describe emergency response measures in the event of a spill. Based on the
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information provided in the impact analysis, recommendations will be made by the Fire
Authority to the relevant decision maker to protect against off-site impacts.
(4)
In the case of proposals for industrial development, the Development Officer or Subdivision
Authority may consult with the Public Health Officer, Alberta Environment, Alberta Labour, or
any other qualified department or agency prior to making a decision on a development
permit or subdivision application.
(5)
Where a proposed industrial use will be located on a site adjacent to a non-industrial use or
district, the Development Authority may require mitigation of potential Development impacts
on the Adjacent lands, including:
(a)
provision of noise attenuation walls;
(b)
increased landscaping, including a landscaped buffer;
(c)
Parapets or other screening of rooftop apparatus;
(d)
relocation of parking areas, walkways, business entrances or other high activity areas
away from residential property lines;
(e)
screening or relocating on-site lighting to avoid spillage onto residential properties;
(f)
restricting the location of outdoor speakers; and
(g)
changing the proposed structure to mitigate noise, light or glare impacts.
9.16 LANDSCAPING
(1)
As a condition of the development permit, all landscaping and planting required must be
carried out to the satisfaction of the Development Authority, and within one year of
occupancy or commencement of operation of the proposed development. All plant material
shall be hardy to the Town of Thorsby.
(2)
At the discretion of the Development Authority, a landscaping plan for a commercial,
industrial, institutional or multi-residential development may be required to be completed by
a Landscape Architect.
(3)
Landscaping and screening requirements may be applied to all commercial, industrial,
institutional and multi-residential uses.
(4)
Garbage and waste material must be stored in weather and animal proof containers and
screened from adjacent sites and public thoroughfares.
(5)
On corner parcels, setbacks for landscaping and fencing must be in accordance with Section
9.4.
(6)
Prior to issuing a development permit the Development Authority may require submission of
a detailed landscape plan to a standard satisfactory to the Development Authority, outlining
at a minimum the following:
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(a)
The location of the trees and shrubs to be planted, including distance between trees
and the anticipated full growth radius at maturity;
(b)
The number of trees and shrubs to be planted; and
(c)
The common name of the trees and shrubs to be planted.
(7)
In addition to the landscaping standards specified in each Land Use District the Development
Authority may require the applicant of any development permit to:
(a)
Retain any natural feature in its original state including, but not limited to, the
following:
(i)
Any water feature, including swamps, gullies and drainage courses;
(ii)
Land with a natural gradient of 15% or greater;
(iii)
Land subject to flooding by a 1:100 year flood;
(iv)
Land located within a minimum distance as determined by the Development
Authority from the top of bank of any river, stream, creek, lake or other body of
water;
(v)
Any land deemed unstable by the Development Authority.
(vi)
Conserve trees, shrubs or any other natural vegetation to the maximum extent
possible.
(vii) Retain topsoil on the site;
(viii) Enhance the site by adding topsoil, grass, rock, gravel, vegetation or other
landscaping materials to complement the appearance of the site and the
character of the neighbourhood; and
(ix)
Restricting the amount and location of hard surfacing on the site.
(8)
Trees and Shrubs provided for landscaping shall meet the following minimum requirements:
(a)
A minimum height of 1.8 m (6.0 ft.) for coniferous trees;
(b)
A minimum height of 0.46 m (1.5 ft.) for coniferous shrubs;
(c)
A minimum caliper width of 5.08 cm (2 in) at 0.46 m (1.5 ft.) above ground level for
deciduous trees; and
(d)
A minimum height of 0.61 m (2 ft.) for deciduous shrubs.
(9)
All landscaping requirements must be completed within one (1) year of completion of
construction or the commencement of the use, whichever occurs first.
(10) The owner of the property, or their assignees or successor(s), shall be responsible for the
proper upkeep and maintenance of the required landscaping. If the required landscaping
does not survive, the applicant/owner must replace it with a similar type of species and with a
similar caliper, width and height or to the satisfaction of the Development Authority.
(11) A minimum of 30% soft surfaced green landscaped and/or xeriscaping features (i.e. grass,
shrubs and trees) shall be maintained in all residential front yards.
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9.17 LIGHTING
(1)
Appropriate lighting of all developments shall be required to provide security and create a
coordinated appearance and identity that does not unduly impact neighboring properties or
cause potential adverse safety impacts;
(2)
Outdoor lighting shall be designed so that illumination:
(a)
Serves a useful purpose and is limited to what is necessary for that use;
(b)
Ensures that all parking spaces, entrances and circulation routes are well-lit;
(c)
Uses energy efficient fixtures and bulbs where possible;
(d)
Is not directed at an adjacent site or skyward;
(e)
Does not adversely affect adjacent sites;
(f)
Does not adversely affect traffic safety;
(g)
Provides effective glare control and shielding; and
(h)
Fixtures are mounted no higher than 4.0 m (13 ft.) above grade unless for the purpose
of lighting an outdoor patio, deck or do not exceed the height of the roof.
(3)
Flickering and flashing lights are prohibited in all Districts, except for seasonal displays
9.18 LIMITED ACCESS TO MAJOR ROADS
(1)
No access for vehicles will be permitted from an arterial road as designated by the Municipal
Development Plan, or Area Structure Plans to:
(a)
Any residential site, unless the access serves three or more dwelling units; or
(b)
Any site, unless turning space is provided on the site such that vehicles entering upon
the site may turn before re-entering the street; or
(c)
Any site where, in the opinion of the Development Authority, there would be an
excessive number of access points approved by Alberta Transportation and Economic
Corridors.
(2)
Access to Highways 778 shall be limited to arterial roads, collector and services roads, and
where no service roads are provided, access shall be limited to those access points approved
by Alberta Transportation and Economic Corridors.
9.19 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 person shall not begin the excavation for the
foundation nor commence the development until the Development Authority is satisfied
that such services will be provided or improvements will be undertaken.
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(2)
No development permit shall be issued for a development to be served by private sewer and
water systems until the systems have been approved by the appropriate Municipal and/or
Provincial authorities having jurisdiction.
(3)
A landowner may be required to enter into a Development Agreement and provide
associated performance securities for a period of time outlined in the Development
Agreement when private on-site services are proposed as a water or wastewater solution
for a development at the discretion of the Development Authority.
9.20 PROJECTIONS OVER YARDS
(1)
The following encroachments into required front, side and rear yard setbacks in land use
districts may be permitted for canopies, balconies, eaves, box-outs, chimneys, gutters, sills,
steps/stairs, and, in addition, cantilevers may be permitted to encroach into the front and
rear yards only:
(a)
Front Yard: 2.0 m for balconies; and 1.0 m for cantilevers, eaves, gutters, landings, and
window sills (see Figure 9.20.1).
(b)
Rear Yard: 2.0 m for balconies; and 1.0 m for box-outs, cantilevers, eaves, gutters,
landings, and window sills (see Figure 9.20.2).
(c)
Side Yard (Interior): 1.0 m for balconies; and 0.6 m for box-outs, eaves, gutters,
landings and window sills (see Figure 9.20.1).
(d)
Side Yard (Exterior): 1.0 m for balconies; and 0.6 m for box-outs, cantilevers, eaves,
gutters, landings and window sills (see Figure 9.20.2).
(2)
For multi-attached dwellings, balconies and decks may be extended to the lot line or
common wall, provided that the common wall is extended for separation/privacy.
(3)
No projection will be permitted if, in the opinion of the Development Authority, it may
interfere with a loading space, parking area, driveway, or other vehicle or pedestrian
circulation or access.
(4)
No projection will be permitted into the side yard required for vehicular access to the rear
yard, unless a minimum vertical height of 3.0 m from finished grade to the lowest point of
the projection is maintained.
(5)
The projection length limitations are as follows:
(a)
The individual projection maximum length shall not exceed 3.0 m; and
(b)
The sum of all projections maximum length shall not exceed one-third (1/3) of the
length of the building wall (not including the garage walls). This does not apply to
front or rear yards.
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FIGURE 9.20.1: PERMITTED PROJECTIONS - FRONT AND INTERIOR SIDE YARD SETBACKS
FIGURE 9.20.2: PERMITTED PROJECTIONS - REAR AND EXTERIOR SIDE YARD SETBACK
Interior Side Yard
- 0.6m (2.0 ft.): boxouts,
cantilevers, windowsills,
eves
- 0.9m (3.0 ft.): landings
Exterior Side Yard
- 0.6m (2.0 ft.): boxouts,
cantilevers, windowsills, eves
- 0.9m (3.0 ft.): landings
- 1.0m (3.3 ft.): balconies
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9.21 PUBLIC LANDS AND TOWN BOULEVARDS
(1)
There shall be no unauthorized encroachments onto municipal property, including parks and
road rights-of-way. Where an encroachment exists without Town approval, the owner shall
be required to remove the encroachment at their own expense, or seek permission from the
Town CAO or Council for the encroachment to remain.
(a)
There shall be no encroachments into Alberta Transportation and Economic Corridors
Highway Right-Of-Ways without written approval from Alberta Transportation and
Economic Corridors.
(2)
All developments on lands owned by the Town of Thorsby shall not require a development
permit.
(3)
Notwithstanding Subsection (1) above, the owner(s) of a lot may develop the boulevard
abutting their property by excavating, backfilling, levelling or consolidating to final grade,
and seed or perform other works that may be necessary to develop a turf boulevard
provided that all work shall be entirely at the owner's expense.
(4)
Any development, planting or other development not authorized by a development permit
shall be done at the owner's risk, and any damage to municipal services caused by the
growth, removal or maintenance of such development shall be the responsibility of the
owner.
(5)
Every owner or occupant of land shall be responsible for maintaining any development
allowed under this Section, and for controlling the weeds on boulevards owned by the Town
abutting their property.
9.22 PUBLIC UTILITY BUILDINGS AND EASEMENTS
(1)
Notwithstanding other regulations in this Bylaw, a person erecting a public utility facility or
placing utility equipment on a site shall cause it to be placed in a location and with yard
setbacks which are satisfactory to the Development Authority.
(2)
Utility lots, utility buildings and publicly owned buildings may be permitted in any district
except as specifically regulated elsewhere in this bylaw.
(3)
Subject to the conditions of a utility easement, no permanent structure other than a fence
shall be constructed or placed on that utility easement unless:
(a)
In the opinion of the Development Authority the said structure does not restrict
access to the utility easement for the purpose of installation and maintenance of the
utility; and
(b)
Written consent has been obtained from the person whose use the easement has
been granted.
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9.23 RELOCATION OF BUILDINGS OR STRUCTURES
(1)
No person shall:
(a)
Place on a lot a building which has previously been erected or placed on a different
lot; or
(b)
Alter the location on a lot of a building which has already been constructed on that lot,
(c)
Unless the Development Authority approves the placement or alteration.
(2)
An approval shall not be granted under Subsection (1) above unless the Development
Authority is satisfied that:
(a)
The placement or location of the building would meet the requirements of the Bylaw;
and
(b)
The building and the lot meet the requirements of this Bylaw and the land use district
in which it is proposed to be located.
(3)
Before considering any application for a Moved-in Building and in addition to the
requirements of Section 9.23(1) and Section 9.23(2), the Development Official shall require a
development permit application that includes:
(a)
Recent colour photographs of all elevations including additions;
(b)
A statement of the age, size, and structural condition of the building; and
(c)
Documentation from a certified safety code officer that the building meets the
requirements of the Safety Codes Act or, if it does not, how the building will be
brought up to these requirements.
(4)
As a condition of issuing a development permit approval for a Moved-In Building, the
Development Authority shall require a letter of undertaking (agreement) and the posting of
security in the form of an irrevocable letter of credit or cash, in the amount of the total
estimated costs to relocate the building, to be provided prior to the issuance of a building
permit and the building being moved on site. This security will ensure that any required
modifications to the design, construction, siting, finishing and cladding of the relocated
building are completed.
(5)
The conditions shall be completed within one year of the issuance of the development
permit, as determined by the Development Authority.
(6)
The security will be released once all the conditions have been completed by the applicant
to the satisfaction of the Development Authority, and are met within the time frame as set
out in the development permit.
(7)
Upon expiry of the Development Permit, if the required work has not been completed to
Town's satisfaction, the Town may use the security to have the work completed and bring
the building into compliance.
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(8)
The applicant shall be advised not less than 30 days prior to the expiration time set out in
the development permit, that action will be undertaken by the Town to use the security in
completing the required renovations if they have not been completed by the expiration
date. Only Council may direct Administration to delay action to complete the requirements
of the permit.
9.24 RESIDENTIAL AND INDUSTRIAL USES ADJACENT
(1)
In considering subdivision or development permit applications for residential uses adjacent
to existing industrial developments or industrial uses adjacent to existing residential
developments, the Development Authority may impose conditions addressing:
(a)
Providing proper services and access to the site,
(b)
Screening, aesthetics and landscaping,
(c)
Control of signage,
(d)
Noise control,
(e)
A development agreement, with the need to provide security, and
(f)
Any other issue deemed necessary by the Development Authority.
9.25 TEMPORARY STRUCTURES & PORTABLE STORAGE CONTAINERS
(1)
Temporary Structures include, but are not limited to:
(a)
Portable Storage Containers, including c-cans;
(b)
Tent Garages.
(2)
Notwithstanding 9.25(1), a temporary structure may not be erected without permission of
the Development Authority which may be granted as follows:
(a)
No such temporary structure shall be more than 3.0 metres in height or set back less
than 1 metre from the side and rear property lines; and
(b)
The owner enters into an agreement to remove such a structure in accordance with the
terms and conditions stipulated by the Development Authority;
(c)
There shall be no more than one temporary structure per site;
(d)
A temporary structure must be placed in the rear yard only;
(e)
In the case of a pre-manufactured temporary structure, the elevations shall be subject
to approval of the Development Authority; and
(f)
The structure is completed in accordance with the terms stipulated by the
Development Authority, provided that the temporary structure development permit
shall expire at the end of one year, unless renewed by the Development Authority upon
application for a further term, and that such temporary structure must comply with this
Bylaw.
(3)
If an owner fails to comply with the terms and conditions of a temporary structure
development permit, the Development Authority may remove or cause to be removed such
structure as the case may be, the costs of which shall be charged against the lands upon
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which the temporary structure is situated and shall be payable by the owner to the Town on
demand.
(4)
A temporary structure, including Portable Storage Containers shall not be used as a dwelling
unless approved as a dwelling unit and in accordance with all Alberta Safety Code
requirements.
(5)
Portable Storage Containers shall not be stacked.
(6)
Portable Storage Containers shall:
(a)
Be located in the rear or side yard of a parcel;
(b)
Be painted and maintained in good condition;
(c)
Be in compliance with the Town's Community Standards Bylaw (2016-18) as amended;
and,
(d)
Be screened, if deemed necessary by the Development Authority with either fencing
or landscaping.
(7)
Portable Storage Containers may be temporarily placed on a site in any district:
(a)
during active construction on a site when the Portable Storage Container is solely for
the storage of supplies and equipment that are used for the site, provided that a valid
building permit has been issued for the construction. The Portable Storage Container
must be removed from the site upon completion of construction; or,
(b)
for the purposes of loading and unloading of items associated with the principal use
for a period of not more than 16 days in any 6-month period.
(8)
When placed on a site temporarily pursuant to this section, the Portable Storage Container
shall be located so as to not create a safety hazard, not be located within 1.2m of a property
boundary and be located in the rear yard where possible.
9.26 OUTDOOR STORAGE
(1)
When any non-residential development includes outdoor storage, other than an Outdoor
Storage development use:
(2)
The land must be screened from adjacent roads, and adjacent parcels at the discretion of
the Development Officer;
(3)
The stored material shall not be piled higher than the height of the screening provided; and;
(4)
Required screening shall be either fencing, landscaping or a mix of both treatments to the
satisfaction of the Development Officer.
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9.27 SERVICING & INFRASTRUCTURE
(1)
The Development Authority must confirm there is adequate sewage collection, treatment
and disposal, water supply treatment and distribution, stormwater collection and storage
and road capacity necessary to serve a development. This may be determined through
study requirements deemed appropriate by the Development Authority either prior to
deeming an application complete, during the review process or as a condition of
development permit approval.
(2)
A development shall not be permitted if the development is not served by the Town sewer
and water system, or at the discretion of the Development Authority, a provincially approved
private system
(3)
Where a proposed use may release contaminants or have potentially more adverse impacts
on the Town sewer system, the Development Authority may require an applicant to submit
plans and reports prepared by a professional engineer to evaluate the potential impact on the
sewer system and propose mitigations.
9.28 VEHICULAR ACCESSES & DRIVE-THRU'S
(1)
Unless shown on a site plan for an approved development permit, the installation of a
driveway or vehicular entrances and exits requires a development permit.
(2)
Drive-thru's and vehicular oriented designs may only be allowed if the Development Authority
is satisfied that such designs do not adversely affect the functioning of surrounding roads,
traffic circulation or adjacent land uses.
(3)
Drive-thru's shall only be approved for restaurants under the Restaurant, Drive-thru use. For
all other uses proposing a drive-thru, it must be clearly outlined as part of the development
permit approval.
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PART 10 - SPECIFIC USE REGULATIONS
10.1 ALCOHOL PRODUCTION
(1)
Alcohol Production shall not generate odour, dust, waste or delivery traffic in excess of that
which is characteristic of the District in which it is located.
(2)
The developer or applicant may be requested to provide a water and wastewater use analysis
to determine peak water demand and whether effluent discharged complies with municipal
sewer regulations and wastewater treatment plant capabilities.
(3)
As submission of a complete development permit application, the Applicant shall provide all
required provincial licenses and/or other authorizations.
(4)
There shall be no outdoor manufacturing activities, or unenclosed outdoor storage of
material or equipment associated with the business.
(5)
Any public entrances, outdoor public spaces and outdoor private hospitality areas shall not be
located next to an abutting residential use.
10.2 BED AND BREAKFAST ESTABLISHMENTS
(1)
All persons operating bed and breakfast facilities must provide evidence of compliance with
municipal, provincial and/or federal regulations in regard to their operation.
(2)
A bed and breakfast is an accessory use to a main residential use.
(3)
A Development Authority may permit a Bed and Breakfast Accommodation use only if in the
opinion of the Development Authority it will:
(a)
Be restricted to the dwelling unit;
(b)
Not change the principal character or external appearance of the dwelling involved;
except where minimal exterior modification of the structure or grounds are compatible
with the character of the area or neighborhood and pursuant to a Development Permit;
(c)
Not create a nuisance by way of noise, parking or traffic generation;
(d)
Not employ anyone but the residents of the dwelling;
(e)
Be limited to one (1) identification sign no more than 0.3 m2 in size and displayed from
within the establishment;
(f)
Not occupy more than three (3) bedrooms;
(g)
Be limited to one meal provided on a daily basis to registered guests only; and
(h)
One on-site parking stall shall be provided for each bedroom provided for
compensation and shall meet the signage requirements of this Bylaw.
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10.3 CANNABIS PRODUCTION AND DISTRIBUTION SYSTEMS
(1)
A development permit is required.
(2)
A cannabis production and distribution facility shall operate under applicable
federal/provincial legislation and regulation. Annual proof of valid licensing and the
activities as approved thereunder shall be provided to the Town.
(3)
Cannabis Production and distribution facilities shall meet the minimum separation distance
of 300m from residential parcel, Alberta Heath Services facility, school property or childcare
site facility.
(a)
The minimum separation distance shall be established by measuring the shortest
distance between the property lines of a residential parcel and a cannabis production
and distribution facility parcel.
(4)
All licensed processes and functions shall be fully enclosed within a standalone building(s).
(5)
No odour, smoke or air borne particles inherent to the nature of operations shall be
determinable beyond the legal boundaries of the parcel.
(6)
An applicant shall demonstrate the ability to comply with municipal water allotments or
prove a licensed source of water. Water modeling may be required.
(7)
Landscaping and screening shall be completed to the satisfaction of the Development
Authority.
(8)
The Development Authority may impose the following conditions pertaining to a cannabis
production and distribution system:
(a)
setbacks from roads, residential uses, and other developments;
(b)
delivery route requirements and location of access to the land; and
(c)
provision of a waste management plan completed by an environmental engineering
professional that includes detail on:
(i)
the incineration of waste products and airborne emissions, including smell;
(ii)
the quantity and characteristics of liquid and waste material discharged by the
facility; and;
(iii)
the method and location of collection and disposal of liquid and waste material.
(9)
Portable Storage Container(s) as an Accessory Building shall only be allowed in land use
districts where they are listed as a permitted or discretionary use and after approval of any
required development permit submissions have been approved by the development
authority.
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(10) The exterior finish should match or compliment the exterior finish of the principal building
or be screened from view to the satisfaction of the Development Authority.
10.4 CANNABIS RETAIL STORES
(1)
A development permit is required.
(2)
The location must be minimum of 75 m from any school, Health Care facility and playground
structures; or as may be amended under federal or provincial legislation.
(3)
The separation distance shall be measured from the closest point of the subject site
boundary to the closest point of another site boundary, and shall not be measured from the
district boundaries or from the edge of the structures.
(4)
The location must be 75 m from a child care facility that is already in place at the time of the
application. If future day care applies for a permit after the approval of the cannabis retail
store, it will not affect the approved cannabis retail sales location.
(5)
The owner shall obtain any other approval, permit authorization, consent or license that
may be required to ensure compliance with applicable federal, provincial or municipal
legislation. Annual proof of valid permit authorization, consent or licensing and the
activities as approved thereunder shall be provided to the Town.
(6)
The development may be subject to periodic inspections to ensure compliance with the
Land Use Bylaw and the approved development permit and the bylaws of the Town of
Thorsby
(7)
Setbacks from Cannabis Retail Stores and non-compatible uses shall be in compliance with
all provincial regulations. It is the responsibility of the Applicant to ensure all appropriate
setbacks from non-compatible uses are met with the development permit application.
10.5 CHILD CARE FACILITIES AND DAY HOMES
(1)
Child Care Facilities:
(a)
Shall follow the Child Care Licensing Regulations that may provide programming for the
social, creative, educational and physical development of children;
(b)
Shall have privacy screening or other buffering techniques designed to limit impact on
other uses or the surrounding residential properties;
(2)
A Day Home
(a)
shall not be located in a dwelling unit containing another Home Business - major;
(b)
Shall meet all provincial licensing requirements
(c)
require privacy screening that prevents visual intrusion into any outdoor play areas; and
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10.6 GAS BAR
(1)
Must not have a canopy that exceeds 5.0 m in height when measured from grade. Canopy
area is not included as part of building coverage on a lot;
(2)
Must have fully recessed canopy lighting;
(3)
May have an outdoor display of products related to the use, provided they are within 4.5 m
of the building entrance or on gas pump islands;
(4)
Must have a minimum setback of 6.0m (19.7 ft.) from gas pump islands to any property lines
of the parcel containing a gas bar;
10.7 HOME BUSINESSESS (MAJOR AND MINOR)
(1)
A Home Business shall be classified as either a Home Business - Minor or Home Business -
Major based on the classification table below:
Home Business
Minor
Major
Development Permit
Required
No
Yes
Site Plan Required
No
Yes
Signage Allowed
Maximum 0.56m2 (0.56 ft2)
Maximum 0.56m2 (0.56ft2)
Nuisance Impacts
No
No with exception of minor
potential nuisance parking
impacts
Landscaping / Screening
Required
No
Depending on the home-
occupation, potentially
landscaping or screening
may be required by the
Development Authority
Non-resident employees
No
Maximum of one (1) non-
resident employee and
maximum of three (3) in the
Urban Holdings district
Commercial Vehicles and/or
No
Maximum of one (1)
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trailers
commercial vehicle in a
residential district and two
(2) in the Urban Holdings
district
Customer Traffic Generation Three (3) or less customer
visits per day
Ten (10) or less customer
visits per day
Outside Storage
No
No outside storage in a
residential district
Minimal outside storage in
the Urban Holdings district
in a rear or side yard that
may require screening to the
satisfaction of the
Development Authority
Public Display of Products
Not permitted
Not permitted
Use of Accessory Building /
Structure
Can be located in either
primary dwelling OR
accessory building/structure
Can be located in both
primary dwelling and one (1)
accessory building /
structure
Note: The Purpose of Home-Based Businesses is to accommodate small, non-intrusive, low-risk, low
intensity developments that can be integrated into and are compatible within residential areas.
Uses that exceed the business standards of a Home-Based Business should be more appropriately
located within an alternative and compatible land-use district in alignment with the Municipal
Development Plan
(2)
Uses that are not considered Home Business - Minor or Major include, but are not limited
to:
(a)
Adult Entertainment Facilities;
(b)
Auto Body and Paint Shop, Auto Detailing Facility, Automotive, Equipment and Vehicle
Services, Automotive Services, and Automotive Specialty;
(c)
Child Care Facilities;
(d)
Escort Services; or
(e)
Veterinary services.
(3)
The Development Authority has the discretion to refuse a Home Business - Major permit
application if the proposed use would be better suited in a commercial or industrial district.
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(4)
Home Businesses', whether Major or Minor shall operate as secondary and accessory to a
primary residential dwelling use on a parcel and shall not change the external residential
character or appearance of a site.
(5)
A maximum of one Home Business - Major is permitted per lot.
(6)
A maximum of two Home Businesses are permitted per lot. This means there is the
opportunity for two minor home business or one major and one minor home business
per lot.
(7)
Allowable hours of operation may be outlined by the Development Authority as a
condition of development permit approval dependent on Home Business location,
context, adjacent dwellings and the proposed type of home business.
(8)
A Home Business, whether Major or Minor should not negatively affect neighbouring
residences with lighting, noise, vibration, smoke, dust, odour, or other nuisances.
10.8 HOUSING, SECONDARY SUITE
(1)
Housing, secondary suites are only permitted on lots containing a housing, single-detached.
(2)
A maximum of one housing, secondary suite per lot with a housing, single-detached are
allowed.
(3)
For housing, secondary suites that are not located in the principal building, but in an
accessory building, the windows should be located so that they do not significantly overlook
into neighbors yards through strategic placement on the exterior.
(4)
When considering a development permit for a housing, secondary suite, the
Development Authority shall exercise discretion having regard for:
(a)
Compatibility of the suite with the siting, grade elevations, height, roof slope and
building types and characteristics of surrounding residential development;
(b)
The effects on the privacy of adjacent properties; and
(c)
The cumulative impact of the application with other existing or approved housing,
secondary suites within the neighbourhood.
(5)
Balconies off of a housing, secondary suite that is located in an accessory dwelling must
face the lane or a flanking roadway.
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10.9 KENNELS
(1)
An application for a development permit for a Kennel shall include, in addition to the
application requirements in Subsection 4.1 Application for Development:
(a)
a site plan indicating the size and location of all Kennel buildings and facilities (e.g.
outdoor enclosures, pens, runs or exercise areas, waste (feces) management areas);
(b)
a plan showing the distance between any buildings or facilities used for the Kennel
operation to any residential uses within a 91.4 m (300.0 ft) radius; and proposed
screening and noise attenuation measures.
(2)
All dog facilities, including any Accessory Buildings and exterior exercise areas, shall be
located to the rear of the parcel;
(3)
An outdoor area for exercise and animal waste must be part of the site plan and located in
the rear of the parcel;
(4)
Kennels shall be screened by both a visual and sound barrier, by fences and/or landscaping,
from existing residential uses on adjacent parcels to the satisfaction of the Development
Authority.
10.10 MANUFACTURED HOMES (HOUSING, MANUFACTURED)
(1)
Development Permits for housing, manufactured units shall have:
(a)
Third party certification from an accredited inspection agency including the Canadian
Standard Association (CSA), Intertek or Quality Auditing Institute (QAI).
(b)
Alberta Municipal Affairs Label or CSA label
(c)
Model number.
(d)
Manufactured home unit serial number.
(2)
All accessory structures, such as patios, porches, additions and skirtings, shall be
(a)
Factory-prefabricated 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.
(3)
A manufactured home unit shall be skirted from the floor level to the ground level. The
skirting shall compliment the external finish of the manufactured home unit.
(4)
The maximum permitted floor area of porches and additions shall be no more than 50% of
the floor area of the manufactured home unit.
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(5)
No accessory building or use, other than parking spaces, shall be located in the front yard of
a manufactured home unit.
(6)
Furniture, domestic equipment, or seasonally used equipment shall be stored in adequate
covered storage or screened area, either individually on the stall or lot or communally,
which storage facility shall conform to the regulations passed under the Safety Codes Act.
(7)
The following regulations apply to all manufactured home units:
(a)
The hitch, wheels and other running gear are to be removed from the manufactured
home unit.
(b)
All manufactured home units shall be placed on a foundation or base.
(c)
The lot or stall is to be fully landscaped within one (1) year from the date of issuance of
the development permit for the manufactured home unit.
(d)
Any portion of a concrete block foundation above grade shall be parged unless
otherwise finished with an approved material.
10.11 MEDICAL MARIHUANA FACILITY (MMF)
(1)
A development permit is required.
(2)
A medical marihuana production facility shall operate only under applicable Federal
licensing. Proof of valid Federal licensing and the activities as approved thereunder shall be
provided to the Town.
(3)
Medical Marihuana Facilities shall meet the minim separation distance of 300m from
residential parcel, school site or daycare site.
(a)
The minimum separation distance shall be established by measuring the shortest
distance between the property lines of a residential parcel and a Medical Marihuana
Facility parcel.
(4)
All licensed processes and functions shall be fully enclosed within a standalone building(s).
(5)
No odour, smoke or air borne particles inherent to the nature of operations shall be
determinable beyond the legal boundaries of the parcel.
(6)
An applicant shall demonstrate the ability to comply with municipal water allotments or
prove a licensed source of water. Water modeling may be required.
(7)
Landscaping and screening shall be completed to the satisfaction of the Development
Authority.
(8)
The Development Authority may impose the following conditions pertaining to a medical
marihuana facility:
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(a)
setbacks from roads, residential uses, and other developments;
(b)
delivery route requirements and location of access to the lands; and
(c)
provision of a waste management plan, completed by an environmental engineering
professional) that includes detail on:
(i)
the incineration of waste products and airborne emissions, including smell;
(ii)
the quantity and characteristics of liquid and waste material discharged by the
facility; and
(iii)
the method and location of collection and disposal of liquid and waste material.
(9)
The exterior finish should match or compliment the exterior finish of the principal building
or be screened from view to the satisfaction of the Development Authority.
10.12 SOLAR COLLECTORS
(1)
A solar collector may be located on the roof or wall of a building or structure.
(2)
A solar collector mounted on a roof with a pitch of less than 4:12, may project:
(a)
A maximum of 0.5 m from the surface of a roof, when the solar collector is located 5.0
m or less from a side lot line, measured directly due south from any point along the side
lot line; and
(b)
In all other cases, maximum of 1.3 m from the surface of a roof.
(3)
A solar collector mounted on a roof with a pitch of 4:12 or greater, may project a maximum
of 1.3 m from the surface of a roof.
(4)
A solar collector mounted on a roof must not extend beyond the outermost edge of the
roof.
(5)
A solar collector that is mounted on a wall:
(a)
Must be located a minimum of 2.4 m above grade; and
(b)
May project a maximum of:
(i)
1.5m from the surface of that wall, when the wall is facing a rear lot line; and
(ii)
In all other cases, 0.6 m from the surface of that wall.
(6)
A solar collector mounted on a structure must meet yard setback and district height
regulations.
10.13 SHOWHOMES
(1)
The construction of or use of a new, unoccupied dwelling unit for the purpose of a
showhome for the sale or marketing of other dwelling units by a builder or developer within
a subdivision or development may be approved as a temporary use in districts upon which it
is listed as a use.
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(2)
There should be a sign posted at the show home clearly identifying it as a showhome with
the hours of operation, builder and relevant contact information.
(3)
The advertised hours that the showhome is open to the public shall not be earlier than 9:00
a.m. or later than 9:00 p.m.
(4)
The showhome shall not be open to the public for viewing until the road accessing the
showhome is developed to municipal standards
10.14 TELECOMMUNICATIONS TOWERS
(1)
Under the Radiocommunication Act, Industry Canada has sole authority to approve and
license the location of Telecommunication Towers. Prior to proceeding with the installation
of a Telecommunication tower, applicants are required to submit to the Town proof that
approval and a license has been obtained.
(2)
The Development Officer shall receive applications for the siting of Telecommunications
Towers.
(3)
The Development Officer is the Development Authority for decisions related to
Telecommunication Towers and has the authority to issue a statement of concurrence or
non-concurrence as per the intent of this Bylaw with regards to siting and land use
compatibility based on the following criteria:
(a)
Siting of Telecommunication Towers:
(i)
Explore opportunities to co-locate on an existing structure, modify or replace a
structure if necessary;
(ii)
Locate, analyze, and attempt to use any feasible infrastructure such as rooftops,
water towers, utility poles or light standards.
(iii)
The siting of new Telecommunication towers should only be considered if co-
location is determined to be unfeasible.
(iv)
New facilities should be built to a standard to accommodate multiple devices.
(v)
Aircraft lighting on Telecommunication towers shall not illuminate downwards
and impacts residential communities.
(vi)
Whether or not the Telecommunication tower unduly interferes with the
amenities of the areas which may include but shall not be limited to the natural
environment; residential communities; and recreational opportunities
(b)
Public consultation shall include a pre-consultation meeting with the
Development Authority before the application to site the Telecommunication Tower is
received to identify preliminary issues of concern and requirements for public
consultation. The Town will determine if the public consultation is necessary for the
proposed facility with regard to the following:
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(i)
Public consultation is required for all Communication Towers that is proposed in
or in close proximity to a residential area to provide an opportunity to address
concerns and feedback from local communities regardless of height.
(ii)
The Town will request public consultation for all Communication Towers greater
than 15.0 m in height for all adjacent landowners or dwellings or both within a
distance of three (3) times the tower height.
(iii)
The Town may request a public consultation for facilities proposed to be located
on top of buildings that would exceed 25% of the height of building.
(iv)
Telecommunication service provider is responsible for all the costs associated
with organizing public notification, public consultation and any other public
meetings.
(v)
Pre-consultation, public notification and public consultation processes should be
in accordance with the procedures established by the Industry of Canada.
(vi)
The Town will request referrals to adjacent municipalities for all Communication
Towers proposed within the Plan Areas defined by the lntermunicipal
Development Plans of the Town pursuant to Section 631 of the Act, as amended
or replaced.
10.15 USES PERMITTED IN ALL LAND USE DISTRICTS
(1)
The following Uses are permitted in all Land Use Designations:
(a)
Public utility;
(b)
Road;
(c)
Highway; and
(d)
Park.
10.16 WRECKING YARD (AUTO AND EQUIPMENT WRECKAGE SITE)
(1)
Wrecking Yards shall have a minimum area of 1.0 ha and a maximum area of 4.0 ha for
storage, and must be completely fenced and screened by a type of fence approved by the
Development Authority to a height of 2.4 m.
(2)
All vehicles within a Wrecking Yards shall be stored within the enclosure and maintenance of
the site shall be in accordance with any standards deemed necessary by the Development
Authority.
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PART 11 - PARKING & LOADING FACILITIES
11.1 PARKING FACILITIES - GENERAL REGULATIONS
(1)
Parking stalls and loading spaces shall be clearly marked in the parking facility. Such marking
shall be regularly maintained to ensure legibility to users and shall be to the satisfaction of
the Development Authority.
(2)
All off-street parking facilities shall be so constructed that:
(a)
Necessary curb buts are located and flared to the satisfaction of the Development
Authority;
(b)
Every off-street parking space provided, and the access thereto, shall be hard-surfaced
if the access is from a street or lane which is hard-surfaced;
(c)
Parking facilities used at night shall have adequate lighting for the entire parking
facility. Such lighting shall be directed away from adjacent residential properties and
other properties where in the opinion of the Development Authority they would have
adverse effects;
(d)
Grades and drainage shall dispose of surface water. In no case shall grades be
established that would permit surface drainage to cross any sidewalk or site boundary
without the approval of the Development Authority or Municipal Planning
Commission; and
(e)
Parking for the physically handicapped shall be provided as provincial regulations
require and shall be considered as part of the number of stalls required for the
project.
(3)
Where a proposed development will, from time to time, require pick-up or delivery of
commodities, adequate space for the loading and unloading of same shall be provided and
maintained on the site to the satisfaction of the Development Authority or Municipal
Planning Commission.
(4)
Pursuant to 11.1(3), the Development Authority shall consider the following criteria when
reviewing off-street loading regulations:
(a)
Off-street loading spaces shall have dimensions of not less than 4.0 m in width and 8.0
m in length;
(b)
Have overhead clearance of not less than 5.3 m above grade;
(c)
Have vehicular access to and exit from a street or lane wither directly or by a clearly
defined traffic aisle;
(d)
Be sited at an elevation or elevations convenient to a major flood level in the building
or to a utility elevator serving each major flood level;
(e)
Be so graded and drained as to dispose of all surface water. In no case shall grades be
established that would permit drainage to cross site boundaries or sidewalks without
the approval of the Development Authority or Municipal Planning Commission;
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(f)
Be paved or hard-surfaced where an off-street parking facility is required to be paved
or hard-surfaced;
(g)
Have adequate lighting to the satisfaction of the Development Authority or Municipal
Planning Commission; and
(h)
Be screened on each side adjoining or fronting on any property in a residential district
by a wall, fence, earth berm or hedge of not less than 2.0 m in height, to the
satisfaction of the Development Authority or Municipal Planning Commission.
11.2 PARKING AREAS
(1)
Unless otherwise approved by the Development Authority, each development shall provide
on its site a parking area containing, at a minimum, the number of parking spaces as
calculated in Table 11.2.1.
Table 11.2.1 - Parking Requirements
Use of a Building or Site
Minimum Number of Parking Spaces
Residential Uses
Multi-family dwellings
1.5 per dwelling unit
Boarding houses
1 per bedroom
Housing, supportive
0.5 stalls per dwelling unit, or as required by
the Development Authority
Housing, secondary suites
1 per bedroom
All other dwellings
2 per dwelling unit
Manufactured home parks
In addition to 2 per dwelling unit, 1 visitor
parking space per 4 manufactured home units
Commercial and Industrial Uses
Eating and drinking
establishments
Alcohol Production
1 per 35m2
Eating and drinking
establishments (take out)
1 per 13 m² (140 ft²) of gross leasable area plus
1 per 3 employees on maximum shift
Drive thru restaurants
2 per drive thru window
Other drive thru businesses
2 per drive thru window
Hotels and motels
1.5 per rentable unit
Bed and breakfast
1 per bedroom
Home Business - Major
1 in addition to the requirements for the
residential use
All other commercial uses
1 per 28 m² (301.4 ft²) of gross leasable area
All industrial uses
1 per 46 m² (495 ft²) of gross leasable area
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Institutional Uses
Places of Public Assembly
1 per 5 seating spaces
Schools (elementary/junior high)
2 per classroom
High schools
3 per classroom
Commercial schools
1 per student
Hospitals and similar uses
2 per bed
Nursing homes
0.75 per bed
(a)
In the case of a use not specifically mentioned, the required number of on-site parking
spaces shall be the same as for a similar use as determined by the Development
Authority.
(b)
Where a development contains more than one use as listed, the required number of
parking spaces shall be the sum of the requirements for each of the uses listed.
(c)
Where a fractional number of parking spaces are required, the next highest number of
spaces shall be provided.
(d)
If the Development Authority approves, one or more developments or uses may pool
their minimum required parking spaces within one or more communal parking areas
and may thereby collectively fulfil the requirements of this Bylaw.
(2)
At the discretion of the Development Authority, a developer may pay money to the Town in
lieu of providing parking spaces. The amount of money will be determined by Council and be
based on the amount of money needed to acquire land and to develop the required number
of parking spaces on adjacent lands.
(3)
Surfacing and Drainage
(a)
All parking areas shall be clearly marked, landscaped and adequately lit with lighting
away from adjacent sites, adequately graded and drained to dispose of all stormwater
run-off, contain the necessary curb cuts, and surfaced in a manner to match the road
or lane from which the parking area gains access.
(b)
The approach or access to every off-street parking area shall be surfaced in the same
manner as the adjoining road from which access is gained.
(c)
Drainage shall only be allowed to cross sidewalks if approved by the Development
Authority.
(4)
All parking areas shall conform to the requirements shown in Table 11.2.2 and Figure 11.2.1.
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Table 11.2.2 - Required Parking Stall Dimensions
(a)
Parking
Angle
(in degrees)
(b)
Width of
Space in
m (ft)
Façade
Stall Depth
Perpendicular
to Aisle
(d)
Width of Space
Parallel to
Manoeuvring
Aisle in m (ft)
façade
Overall
Depth in
m (ft)
(f)
Width of
Manoeuvring
Aisle in m (ft)
0
2.6 (9)
2.7 (9)
7.0 (23)
9.1 (30)
3.6 (12)
30
2.6 (9)
5.2 (17)
5.5 (18)
14.0 (46)
3.6 (12)
45
2.6 (9)
5.9 (19)
4.0 (13)
15.2 (50)
4.0 (13)
60
2.6 (9)
6.1 (20)
3.1 (10)
18.3 (60)
6.1 (20)
90
2.6 (9)
6.1 (20)
2.7 (9)
19.5 (64)
7.3 (24)
Figure 11.2.1 - Parking Guide to Correspond with Table
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11.3 OFF-STREET LOADING AREAS
(1)
Where a proposed development will, in the opinion of the Development Authority, require
pick-up or delivery of commodities, adequate space for the loading and unloading of same
shall be provided and maintained on the site.
(2)
When required by the Development Authority, loading spaces shall:
(a)
Have dimensions of not less than 3.5 m (11.5 ft.) in width, 7.5 m (24.6 ft.) in length, and
4.0 m (13.1 ft.) in height above grade;
(b)
Have vehicular ingress to, and egress from, a road or lane either directly or by a clearly
defined traffic aisle such that no backing or turning movements of vehicles going to or
from the loading space shall cause interference with traffic in the abutting road or lane;
(c)
Be sited at an elevation or elevations convenient to a major floor level in building or to
a utility elevator serving each major floor level;
(d)
Be so graded and drained as to dispose of all storm water runoff. Drainage shall only be
allowed to cross sidewalks if approved by the Development Authority;
(e)
Be surfaced in the same manner as the adjacent road or lane; and
(f)
Be screened on each side adjoining any Residential District by a wall, fence, earth berm
or hedge of not less than 1.5 m (4.9 ft.) and not more than 2.0 m (6.6 ft.) in height.
(3)
The number of loading spaces required to be provided in a development shall be as follows:
(a)
For a retail, industrial, warehouse, or similar development,
(i)
One (1) space for a development of less than 460 m² (4951.6 ft²) of gross leasable
area, plus
(ii)
One (1) space for the next 1840 m² (19,805.6 ft²) of gross leasable area or fraction
thereof in a development, plus
(iii)
One (1) additional space for each additional 2300 m² (24,757.0 ft²) of gross
leasable area or fraction thereof in a development.
(b)
For an office use, place of public assembly, convalescent home, institution, club or
lodge, school or any similar use, one (1) space for a development of less than 2800 m²
(30,139.9 ft²) of gross floor area, and one (1) additional space for each additional 2800
m² (30,139.9 ft²) of gross floor area or fraction thereof.
(c)
For multi-family dwellings, one (1) space for each twenty (20) dwelling units or fraction
thereof.
(d)
Any other building or use shall provide loading spaces as required by the Development
Authority.
(e)
Where a fractional number of loading spaces are required, the next highest number of
spaces shall be provided.
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PART 12 - SIGNS
12.1 PURPOSE
(1)
The purpose of this Chapter is to regulate the development and display of signage within the
Town of Thorsby. This Chapter provides signage development standards related to:
(a)
Location.
(b)
Type.
(c)
Quantity.
(d)
Height.
(e)
Size.
12.2 DEFINITIONS
(1)
For the purpose of this Part the following definitions shall apply, in addition to those
contained in Section 2.2:
(a)
"A-Frame Sign" means a temporary, movable, self-supporting A-shaped sign consisting
of two flat surfaces joined at the upper end and resting on the ground
(b)
"Awning Sign" means a non-illuminated sign painted on the fabric surface supported by
an exterior wall of a building
(c)
"Billboard" means a structure, primarily self-supporting, which is used for the display of
general advertising, the subject matter of which is not necessarily related to the use or
ownership of the property on which the structure is located
(d)
"Building Face" means the total area of the wall of a building
(e)
"Copy" means the text, illustrations and symbols that make up the message on a sign
(f)
"Freestanding Sign" means a sign on a standard or column permanently attached to
the ground, and which is not connected in any way to any building or other structure
(g)
"Identification Sign" any sign which is used to display the address, and name of a
building or parcel of land
(h)
"Illuminated Sign" means any sign illuminated either directly from a source of light
incorporated in or connected with the sign, or indirectly from an artificial source
(i)
"Portable Sign" means a sign, excluding A-board and temporary signs that can be
carried or transported from one site to another
(j)
"Projecting Sign" means a sign, which is attached to a building or structure so that part
of the sign projects beyond the face of the building or structure
(k)
"Real-Estate Sign" means any temporary sign which advertises for the sale, lease, or
rent of a building or parcel of land
(l)
"Roof Sign" means any sign placed on or over a roof
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(m) "Rotating Sign" means any sign or part of a sign which moves in a clockwise or
counterclockwise motion
(n)
"Sign" means any word, letter, model, picture, symbol, device or representation used
as, or which is in the nature of, wholly or in part, an advertisement, announcement or
direction. Any structure, or portion thereof, which is used primarily to carry, hold,
maintain, support or sustain a sign is construed as being part of the sign, and except as
provided for in this Bylaw, is subject to all regulations governing signs.
(o)
"Sign Area" means the total surface area within the outer periphery of the said sign,
and in the case of a sign comprised of individual letters or symbols, shall be calculated
as the area of a rectangle enclosing the letters or symbols. Frames and structural
members not bearing advertising matter shall not be included in computation of
surface area.
(p)
"Sign Height" means the vertical distance measured from natural grade at the base of
the sign to the highest point of such sign.
(q)
"Temporary Sign" means a sign or banner that is not permanently installed or affixed,
advertising a product, activity or event on a limited time basis and does not include a
portable sign.
(r)
"Third Party Sign" typically associated with a "Billboard Sign" means a sign, which
directs attention to a business, commodity, service, or entertainment conducted, sold
or offered at a location other than the premise on which the sign is located
(s)
"Vehicle Sign" means a sign mounted, posted or otherwise adhered on or to a motor
vehicle, including but not limited to trailers, wagons, tractors, and recreational vehicles
(t)
"Wall Sign" means a sign placed flat and parallel to the face of the building so that no
part projects more than one foot from the building
(u)
"Window Sign" means a sign which is painted on or affixed to a window and faces
towards an adjacent sidewalk or roadway
12.3 SIGNS
(1)
Sign Permit Required:
(a)
Except as stated in Section 12.3(2), no sign shall be erected or altered on land or affixed
to any exterior surface of a building or structure unless a sign permit for this purpose
has been issued by the Development Authority
(b)
Unless otherwise specified in this Bylaw a permit is required for the following signs:
(i)
Free standing sign
(ii)
Wall sign
(iii)
Canopy sign
(iv)
Rotating sign
(v)
Projecting sign
(vi)
Roof sign
(vii) Billboard sign
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(viii) Portable sign
(2)
Sign Permit Not Required:
(a)
Unless otherwise specified in this Bylaw no sign permit is required for the following
signs:
(i)
Signs posted or displayed within the interior space of a building
(ii)
Signs posts or displayed in or on an operating motor vehicle if the vehicle is not
temporarily or permanently parked solely for the purpose of displaying the sign
(iii)
A statutory or official notice of a function of the Town
(iv)
Signs posted by a municipal, provincial, or federal government agency
(v)
Traffic and directional signs authorized by the Town and/or Alberta Provincial
Authorities
(vi)
The erection of campaign signs for federal, provincial, municipal, or school board
elections on private properties for no more than thirty (30) days, or such other
time as regulated under provincial or federal legislation provided that
(1)
Such signs are removed within ten (10) days of the election date
(2)
The consent of the property owner or occupant is obtained
(3)
Such signs do not obstruct or impair vision or traffic
(4)
Such signs are not attached to utility poles
(5)
Such signs indicate the name and address of the sponsor and the person
responsible for removal
(vii) A non-illuminated sign that is posted or exhibited solely for the identification of
the address or name of the land or building on which it is displayed including
signs identifying the occupants, if the sign:
(1)
Does not exceed 1.0 m² in area, and
(2)
Is posted only at each entrance from which access from a public roadway
to the building is provided
(3)
Does not advertise for a home-based business or bed and breakfast
establishment
(viii) A non-illuminated sign that is posted or exhibited for sale, lease or rentals of land
or a building if the sign:
(1)
Is 3.0 m² of less in area
(2)
Is posted only on each side of the building or land facing a different public
roadway
(ix)
Window Sign
(x)
Signs for a Home Business that comply with the signage requirements for Home
Businesses outlined in this Bylaw:
(xi)
An A-Frame sign:
(1)
Provided it is advertising for goods or services which are located for sale
or offered on the same lot or on a sidewalk adjacent to the same lot
(2)
Does not obstruct vehicular or pedestrian traffic
(xii) A non-illuminated sign of a building contractor relating to construction work in
progress on the land on which such signs are erected, provided that:
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(1)
Such signs are removed within fourteen (14) days of occupancy, and
(2)
Such signs are limited in size to a maximum of 3.0 m², and in number to
one sign for each boundary of the property under construction which
fronts onto a public street.
12.4 SIGNS PERMIT SUBMISSION
(1)
An application for a Development Permit to structurally alter or erect a Sign that requires a
Development Permit shall be made to the Development Authority and shall include the
following:
(a)
A letter of consent from the registered owner of the land or building upon which the
sign will be located.
(b)
A letter outlining the contact information of the owner of the Sign.
(c)
The location of all existing and proposed Signs on the building façade or on a site plan
of the parcel indicating the front and side property lines, setbacks and distances from
existing buildings.
(d)
Two copies of a rendering / illustration of the proposed Sign with dimensions and total
Sign Area to scale and in metric measurements showing height of top and bottom of
the Sign above average ground level and thickness of the Sign.
(e)
Materials, finishes, colours, size of lettering and graphics.
(f)
Mounting or installation details: the Development Authority may require that a
structural drawing be prepared and sealed by a Professional Engineer.
(g)
Mounting height or clearance to grade.
(h)
The appropriate fee.
12.5 PROHIBITED LOCATION
(1)
No part of any sign, including any accessory components, shall be located on any roadway,
boulevard, or sidewalk. Only 'A-Frame' type signs may be permitted on a sidewalk abutting a
business but must first receive the written consent of the Development Authority.
(2)
No part of any sign, including any accessory components, shall be located on any land
owned by the Development Authority without a council motion granting use of the land
prior to the Development Authority issuing a Development Permit.
12.6 SIGN DEVELOPMENT STANDARDS
(1)
Unless provided elsewhere in this Bylaw, signs shall be erected in accordance with the
standards specified in Table 12.6.1.
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Table 12.6.1 - Sign Development Standards
Type
of Sign
Land Use Designation and Development Standards
PS
R1, R2, R3,
MHS
C1
C2, M
#
H
SA
#
H
SA
#
H
SA
#
H
SA
Freestanding
Sign
1
4.0 m
10 m2
1
1.5 m
1.5
m2
1
10m
10 m2
1
10 m
12 m2
Wall Sign
1
N/A
30 m2
1
N/A
1.0
m2
1
^
N/A
20 m2
1
^
N/A
24 m2
A-Frame Sign
1
*
1.0 m
0.7
m2
Not Permitted
1
*
1.0 m
0.7
m2
1
*
1.0 m
0.7
m2
Temporary
Sign
1
4.0 m
9.0
m2
Not Permitted
1
6.0 m
9.0
m2
1
6.0 m
9.0
m2
Canopy Sign
1
*
2.5
m**
1.5
m2
Not Permitted
1
*
2.5
m**
1.5
m2
1
*
2.5
m**
1.5
m2
Rotating Sign
Not permitted
Not Permitted
1
10 m
10 m2
1
12 m
15 m2
Projecting Sign
Not permitted
Not Permitted
1
2.5
m**
1.5
m2
1
2.5
m**
1.5
m2
Roof Sign
Not Permitted
Not Permitted
1
7.5 m
10 m2
1
10 m
15 m2
Billboard Sign
Not Permitted
Not Permitted
1
10 m
10 m2
1
9.5 m
12 m2
Portable Sign
Not Permitted
Not Permitted
1
2.5 m
3.0m2
1
2.5 m
3.0
m2
Key
# = Refers to the maximum Number of Signs permitted per lot
H = Refers to the maximum Sign Height permitted
SA = Refers to the maximum Sign Area permitted
^ = Refers to the maximum number of permitted signs per each side of a building facade
* = Refers to the maximum number of permitted signs per business on a lot
** = Refers to the minimum vertical clearance from grade or, if applicable, a sidewalk to the bottom of the sign
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(2)
In addition to the standards specified in Table 12.6.1, the following regulations will also
apply:
(a)
Awning/Canopy Sign
(i)
No portion of the canopy/awning shall be closer than 600 mm to a vertical line
drawn from the adjacent curb.
(b)
Billboard Sign
(i)
Where a billboard shares a lot with a building, no billboard shall be located in the
front or side yard which runs parallel to an adjacent roadway.
(ii)
Billboards shall be spaced at a distance of 90 metres from one another.
(iii)
Where a portable sign is serving as a billboard it shall be spaced 45 metres from
other portable or permanent signs serving as billboards.
(c)
Freestanding Signs
(i)
No freestanding sign shall be located within 10 m of the intersection of
lanes/streets, or a street or lane.
(ii)
For any lot located in the C2 or M designations, one Freestanding Sign shall be
permitted for every 90 metres of frontage.
(iii)
Illuminated Freestanding Signs shall be permitted only in C1, C2 and M
designations.
(iv)
Copy is permitted on both sides of Freestanding Signs, including signs angled up
to 90 degrees, therefore allowing the Sign Area to be double the permitted Sign
Area.
(v)
Freestanding Signs shall not be located closer than 1.0 m to any front, rear, or
side property line.
(vi)
In accordance with Alberta Transportation and Economic Corridor's setback
requirements where abutting a highway.
(d)
Wall Signs
(i)
Wall signs shall be restricted to the first storey of the building in the R1, R2, R3,
MHP, MHS, RCE, PS zone designations.
(ii)
Wall signs shall not project more than 0.4 m horizontally from the Building Face
to which it is attached.
(iii)
Illuminated Wall Signs shall be permitted only in C1, C2, and M designations.
(e)
Portable Signs
(i)
Copy is permitted on both sides of Projecting Signs, therefore allowing the Sign
Area to be double the permitted Sign Area.
(ii)
Maximum one (1) Portable Sign shall be displayed per lot.
(iii)
Portable Signs shall not be located within a required off street parking space or a
driveway.
(f)
Projecting Signs
(i)
Copy is permitted on both sides of Projecting Signs, therefore allowing the Sign
Area to be double the permitted Sign Area.
(ii)
The height of a Projecting Sign shall refer to the minimum vertical clearance from
grade or, if applicable, a sidewalk, and shall be a minimum of 2.5m.
(g)
Temporary Signs
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(i)
Large Temporary Signs relating to the sale or renting of land, the sale of goods or
livestock, the carrying out of building or similar work, or announcement of any
local event must obtain a development permit and meet the following conditions:
(1)
Maximum two (2) Temporary Signs not exceeding a total Sign Area of 9.0
m²;
(2)
Copy is permitted on both sides of the Temporary Sign, including signs
angled up to 90 degrees, therefore allowing Sign Area to be double the
permitted Sign Area;
(3)
The maximum Sign Height shall not exceed 6.0 m;
(4)
The Temporary Sign shall be removed by the advertiser within fifteen (15)
days of the completion of the event, sale, or works to which such signs
relate.
(h)
Signage for a Bed and Breakfast
(i)
Each Bed and Breakfast homestay shall provide one (1) on-site Freestanding Sign
for the purpose of identification and shall be regulated in accordance with the
following requirements:
(1)
The sign shall be located within the front yard and must be visible from a
public road;
(2)
The sign be attached to either existing fencing or on independent posts to
the satisfaction of the Development Authority;
(3)
The sign shall be constructed using high density plywood or solid wood
and shall be finished with high density reflective finish or equivalent, with
dye cut lettering or silk screen lettering.
12.7 ADDITIONAL SIGN REGULATIONS
(1)
All signs requiring a sign permit shall follow the development permit process as specified
under Section 4.1 of this Bylaw.
(2)
Council may require the removal of any sign, which is in its opinion, has become unsightly,
or is in such a state of disrepair as to constitute a hazard.
(3)
Quality, aesthetic character and finishing of sign construction shall be to the satisfaction of
the Development Authority.
(4)
Where, in the opinion of the Development Authority, a proposed sign in a Commercial or
Industrial District might be objectionable to a resident in any adjacent residential district,
the Development Authority may impose such other regulations as they feel would protect
the interests of residents.
(5)
Flashing, animated or interiorly illuminated signs shall not be permitted in any district where
in the opinion of the Development Authority they might:
(a)
Affect residents in adjacent housing, or residential districts;
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(b)
Interfere with or obstruct a motor vehicle driver's vision or interpretation of oncoming
traffic signs or traffic signal lights.
(6)
Notwithstanding Subsection (5), no person shall exhibit or place an illuminated sign that
permits or provides for:
(a)
A current interrupting or flashing device, unless there is a continuous source of
concealed illumination on the translucent portions of the sign;
(b)
A flashing beacon of a type that is the same or similar to those used by emergency
vehicles;
(c)
A flashing device, animator or revolving beacon within 50.0 m of the intersection of two
or more public roadways;
(d)
A device described in 12.7(5) that would be directly visible from any residential building
within a distance of 50.0 m of the sign.
(7)
No person shall erect or place a sign so that it would be considered, in the opinion of the
Development Authority, to be a traffic hazard or an obstruction to the vision of persons
driving motor vehicles.
(a)
Billboard signs and electronic signs which are visible from Highway 778, but located
outside of the Highway Right-Of-Way, may be circulated to Alberta Transportation and
Economic Corridors at the discretion of the Development Authority.
(8)
Notwithstanding section 12.7(7), the Development Authority may not approve any signs
located within an Alberta Transportation and Economic Corridors Highway Right-Of-Way
without written approval from Alberta Transportation and Economic Corridors.
(9)
The area around sign structures shall be kept clean and free of overgrown vegetation, and
free from refuse material.
(10) The Development Authority may at their discretion require an engineer-approved plan prior
to the issuance of a sign permit to ensure the safety of a sign, awning or canopy design and
placement.
(11) Notwithstanding Section 4.1 of this Bylaw, the Development Authority may, with respect to
an application for a sign permit,
(a)
Grant a sign permit to an applicant subject to such conditions considered necessary to
ensure this Bylaw is complied with;
(b)
Refuse the application.
(12) Offensive Signage
(a)
No sign shall be erected which promotes intolerance, hatred or ridicule of any race,
religion or other segment of society.
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(13) The number of signs, location of signs and size of signs may be varied to accommodate the
placement of new signs on existing sign structures which were installed prior to January 1,
2025, at the sole discretion of the Development Authority. The Development Authority is
not bound by the maximum variance in Section 4.5(6). In accordance with Section 4.5, a
variance application shall be required, and the applicant must demonstrate that the original
signs were installed prior to January 1, 2025, in a manner deemed satisfactory to the
Development Authority.
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PART 13 - DISTRICTS AND REGULATIONS
13.1 ESTABLISHMENT OF DISTRICTS AND DISTRICT REGULATIONS
(1)
Land use district and land use regulations shall be set forth in Part 13 and may be amended
in the same manner as any other Part or Section of this Bylaw.
13.2 LAND USE DISTRICTS
(1)
The Town is hereby divided into the following districts:
Designation Name
Designation Acronym
Low Density Residential
R1
Medium Density Residential
R2
High Density Residential
R3
Manufactured Home Subdivision
MHS
Central Commercial
C1
Highway Commercial
C2
Industrial
M
Public Service
PS
Urban Holdings
UH
Direct Control
DC
13.3 LAND USE DISTRICT MAP
(1)
Land use districts specified under 13.2 are described in the short form on the LAND USE
DISTRICT MAP which is an integral part of this Bylaw.
(2)
Throughout this Bylaw and amendments thereto, a District may be referred to either by its
full name or its abbreviation.
(3)
The district regulations are delineated on the LAND USE DISTRICT MAP. Where uncertainty
arises as to the precise location of the property of any district, the following rules shall
apply:
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(a)
Where a boundary is shown as following a street, lane, stream or canal, it shall be
deemed to follow the centreline thereof.
(b)
Where a boundary is shown as approximately following a lot line, it shall be deemed
to follow the lot line.
(c)
In circumstances not covered by Subsections (a) and (b) above the location of the
district boundary shall be determined by:
(i)
Where dimensions are set out on the Land Use District Map, by the dimensions
so set, or
(ii)
Where 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.
(4)
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 a 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 regulations of this Bylaw and the degree of detail as to measurements and directions as
the circumstances may require.
(5)
After Council has fixed a district boundary pursuant to the provisions of subsection (3), the
portion of the boundary so fixed shall not be thereafter altered except by an amendment to
this Bylaw.
(6)
The Council shall maintain a list of its decisions with respect to boundaries or portions
thereof fixed by it.
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13.4 LOW DENSITY RESIDENTIAL (R1)
(1)
Purpose
The R1 - Low Density Residential designation is intended to accommodate the development of low-
density residential development on moderately sized lots throughout the community.
(2)
Permitted and Discretionary Uses
Table 13.4.1 outlines the permitted and discretionary uses contemplated in the R1 designation
where approval is subject to the issuance of an authorized development permit.
Table 13.4.1
Permitted Uses
Discretionary Uses
-
Accessory Buildings
- Day Home
-
Housing, secondary suite
-
Housing, single-detached
- Home Business- Minor
-
Showhome
-
Park
-
Any permitted accessory building with a
height exceeding 5 metres
-
Bed and breakfast
-
-
Group home
- Home Sales Center
- Home Business - Major
-
Religious institution
-
Utility installations
-
Solar collectors
(3)
Lot Area
The minimum lot area shall be in accordance with the following table:
Table 13.4.2
Use
Minimum Lot Area
Housing, single-detached
500 m²
Other principle uses listed in Table 13.4.1
500 m²
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(4)
Lot Frontage
The minimum lot frontage shall be in accordance with the following table:
Table 13.4.3
Use
Minimum Lot Frontage (m)
Housing, single-detached
15 metres
Other principle uses listed in Table 13.4.1
15 metres
(5)
Lot Coverage
The maximum lot coverage of buildings (principle and accessory) shall be in accordance with the
following table:
Table 13.4.4
Use
Maximum Lot coverage (%)
Housing, single-detached
50%
Other principle uses listed in Table 13.4.1
50%
(6)
Front Yard Setback
The minimum front yard setback shall be in accordance with the following table:
Table 13.4.5
Use
Minimum Front Yard Setback (m)
Housing, single-detached
6 metres
Other principle uses listed in Table 13.4.1
6 metres
(7)
Rear Yard Setback
The minimum rear yard setback shall be in accordance with the following table:
Table 13.4.6
Use
Minimum Rear Yard Setback (m)
Housing, single-detached
6 metres
Other principle uses listed in Table 13.4.1
6 metres
Accessory buildings
1.5 metres
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(8)
Side Yard Setback
The minimum side yard setback shall be in accordance with the following table:
Table 13.4.7
Use
Minimum Side Yard Setback (m)
Housing, single-detached (side property line
of a flanking street)
3.0 metres
Housing, single-detached (on one side of the
lot where there is no road or lane access
from the rear yard)
3.0 metres
Other principle uses listed in Table 13.4.1
1.5 metres
(9)
Height
The maximum building height shall be in accordance with the following table:
Table 13.4.8
Use
Maximum Building Height (m)
Housing, single-detached
11 metres
Other principle uses listed in Table 13.4.1
5 metres
(10) Additional Regulations
(a)
Accessory uses in this designation shall be subject to the regulations as per 8.1.
(b)
Temporary uses in this designation shall be subject to the regulations as per 9.25.
(c)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(d)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 11.
(e)
Landscaping in this designation shall be provided in accordance with the regulations in
9.16.
(f)
The construction of signs in this designation shall be in accordance with the regulations
in Part 12.
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13.5 MEDIUM DENSITY RESIDENTIAL (R2)
(1)
Purpose
The R2 - Medium Density Residential designation is intended to provide opportunities for
innovation in residential development. Through the provision of narrower lots, the development of
low-density housing types will be provided at higher than conventional densities.
(2)
Permitted and Discretionary Uses
Table 13.5.1 outlines the permitted and discretionary uses contemplated in the R2 designation
where approval is subject to the issuance of an authorized development permit.
Table 13.5.1
Permitted Uses
Discretionary Uses
- Accessory Buildings
- Day Home
- Housing, duplex
- Housing, single-detached
- Housing, secondary suite
- Home Occupation - Minor
- Park
- Showhome
- Any permitted accessory building with a
height exceeding 5 metres
- Bed and breakfast
-
- Group home
- Home Sales Center
- Home Business - Major
- Religious institution
- Utility installations
- Solar Collectors
(3)
Lot Area
The minimum lot area shall be in accordance with the following table:
Table 13.5.2
Use
Minimum Lot Area
Housing, duplex
250 m² (per unit)
Housing, single detached (with adjacent rear
lane)
250 m²
Housing, single detached (without adjacent
rear lane)
400 m²
Other principle uses listed in Table 13.5.1
325 m²
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(4)
Lot Frontage
The minimum lot frontage shall be in accordance with the following table:
Table 13.5.3
Use
Minimum and Maximum Lot Frontage (m)
Housing, duplex
Minimum 7.5 metres but maximum 10.5
metres
Housing, single detached (with adjacent rear
lane)
Minimum/maximum of 7.5 metres
Housing, single detached (without adjacent
rear lane)
Minimum/maximum of 10.5 metres
Other principle uses listed in Table 13.5.1
Minimum 7.5 metres but maximum 10.5
metres
(5)
Lot Coverage
The maximum coverage of buildings (principle and accessory) on a lot shall be in accordance with
the following table:
Table 13.5.4
Use
Maximum Lot coverage (%)
Housing, duplex
55%
Housing, single detached (with adjacent rear
lane)
55%
Housing, single detached (without adjacent
rear lane)
55%
Other principle uses listed in Table 13.5.1
55%
(6)
Front Yard Setback
The minimum front yard setback shall be in accordance with the following table:
Table 13.5.5
Use
Minimum Front Yard Setback (m)
Housing, duplex
6 metres
Housing, single detached (with adjacent rear
lane)
6 metres
Housing, single detached (without adjacent
6 metres
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rear lane)
Other principle uses listed in Table 13.5.1
6 metres
(7)
Rear Yard Setback
The minimum rear yard setback shall be in accordance with the following table:
Table 13.5.6
Use
Minimum Rear Yard Setback (m)
Housing, duplex
5 metres
Housing, single detached (with adjacent rear
lane)
5 metres
Housing, single detached (without adjacent
rear lane)
5 metres
Other principle uses listed in Table 13.5.1
5 metres
Accessory buildings
1.5 metres
(8)
Side Yard Setback
The minimum side yard setback shall be in accordance with the following table:
Table 13.5.7
Use
Minimum Side Yard Setback (m)
Housing, duplex
1.5 metres
Housing, single-detached (side property line
of a flanking street)
3.0 metres
Housing, single-detached (on one side of the
lot where there is no road or lane access
from the rear yard)
3.0 metres
All principle uses (side property line of a
flanking street)
3.0 metres
All other principle uses
1.5 metres
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(9)
Height
The maximum building height shall be in accordance with the following table:
Table 13.5.8
Use
Maximum Building Height (m)
Housing, duplex
11 metres
Housing, single detached (with adjacent rear
lane)
11 metres
Housing, single detached (without adjacent
rear lane)
11 metres
Other principle uses listed in Table 13.5.1
11 metres
(10) Design Regulations
(a)
Where a lot has access to an adjacent rear lane, no vehicular access to the lot shall be
provided from the fronting public roadway.
(b)
Where there is an attached garage accessed via the fronting public roadway, the garage
shall not extend more than 1.0 metre in front of the living space of the dwelling.
(c)
Where there is an attached garage accessed via the fronting public roadway, the width
of the garage facing the fronting roadway shall not exceed 50 percent of the total front
façade/elevation of a dwelling.
(11) Additional Regulations
(a)
Accessory uses in this designation shall be subject to the regulations as per 8.1.
(b)
Temporary uses in this designation shall be subject to the regulations as per 9.25.
(c)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(d)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 11.
(e)
Landscaping in this designation shall be provided in accordance with the regulations in
9.16.
(f)
The construction of signs in this designation shall be in accordance with the regulations
in Part 12.
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13.6 HIGH DENSITY RESIDENTIAL (R3)
(1)
Purpose
The R3 - High Density Residential designation is intended to provide opportunities for the
development of higher density residential. The intent is to encourage residential development at
higher densities near key corridors.
(2)
Permitted and Discretionary Uses
Table 13.6.1 outlines the permitted and discretionary uses contemplated in the R3 designation
where approval is subject to the issuance of an authorized development permit.
Table 13.6.1
Permitted Uses
Discretionary Uses
-
Accessory Buildings
-
Housing, duplex
-
Housing, triplex
-
Housing, fourplex
-
Housing, row housing
-
Housing, secondary suite
- Home Business - Minor
-
Public parks and recreation areas
- Any permitted accessory building with a
height exceeding 5 metres
-
Bed and breakfast
-
Group home
- Home Sales Center
-
Housing, apartment (high rise)
-
Housing, apartment (low rise)
-
Housing, supportive
-
Religious institution
-
Utility installations
-
Solar Collectors
-
Sign
(3)
Lot Area
The minimum lot area shall be as specified in the following table:
Table 13.6.2
Use
Minimum Lot Area (m2)
Housing, duplex
250 m²
Housing, low rise/high rise apartment
500 m²
Housing, triplex
500 m²
Housing, fourplex
500 m²
Housing, row
120 m² (per unit)
Other principle uses listed in Table 13.6.1
500 m²
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(4)
Lot Frontage
The minimum lot frontage shall be in accordance with the following table:
Table 13.6.3
Use
Minimum Lot Frontage (m)
Housing, duplex
7.5 metres
Housing, low rise/high rise apartment
15 metres
Housing, triplex
15 metres
Housing, fourplex
15 metres
Housing, row
4 metres (per unit)
Other principle uses listed in Table 13.6.1
15 metres
(5)
Lot Coverage
The maximum coverage of buildings (principle and accessory) on a lot shall be in accordance with
the following table:
Table 13.6.4
Use
Maximum Lot coverage (%)
Housing, duplex
50%
Housing, low rise/high rise apartment
50%
Housing, triplex
50%
Housing, fourplex
50%
Housing, row
50%
Other principle uses listed in Table 13.6.1
50%
(6)
Front Yard Setback
The minimum front yard setback shall be in accordance with the following table:
Table 13.6.5
Use
Minimum Front Yard Setback (m)
Housing, duplex
6 metres
Housing, low rise/high rise apartment
6 metres
Housing, triplex
6 metres
Housing, fourplex
6 metres
Housing, row
6 metres
Other principle uses listed in Table 13.6.1
6 metres
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(7)
Rear Yard Setback
The minimum rear yard setback shall be in accordance with the following table:
Table 13.6.6
Use
Minimum Rear Yard Setback (m)
Housing, duplex
5 metres
Housing, low rise/high rise apartment
5 metres
Housing, triplex
5 metres
Housing, fourplex
5 metres
Housing, row
5 metres
Other principle uses listed in Table 13.6.1
5 metres
(8)
Side Yard Setback
The minimum side yard setback shall be in accordance with the following table:
Table 13.6.7
Use
Minimum Side Yard Setback (m)
Housing, duplex
1.5 metres
Housing, low rise/high rise apartment
3 metres
Housing, triplex
1.5 metres
Housing, fourplex
1.5 metres
Housing, row
1.5 metres
All principle uses (side property line of a
flanking street)
3.0 metres
All other principle uses
1.5 metres
(9)
Height
The maximum building height shall be in accordance with the following table:
Table 13.6.8
Use
Maximum Building Height (m)
Housing, duplex
11 metres
Housing, low rise/high rise apartment
20 metres
Housing, triplex
11 metres
Housing, fourplex
11 metres
Housing, row
11 metres
Other principle uses listed in Table 13.6.1
11 metres
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(10) Additional Regulations
(a)
Accessory uses in this designation shall be subject to the regulations as per 8.1.
(b)
Temporary uses in this designation shall be subject to the regulations as per 9.25.
(c)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(d)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 11.
(e)
Landscaping in this designation shall be provided in accordance with the regulations in
9.16.
(f)
The construction of signs in this designation shall be in accordance with the regulations
in Part 12.
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13.7 MANUFACTURED HOME SUBDIVISION (MHS)
(1)
Purpose
The MHS - Manufactured Home Subdivision designation is intended to provide for and regulate the
development of land for the use of manufactured homes on separately titled parcels. This land use
district also can be utilized for multi-lot, comprehensively planned manufactured home
communities where lots are either sold or leased and the community utilizes communal amenity
spaces.
(2)
Permitted and Discretionary Uses
Table 13.7.1 outlines the permitted and discretionary uses contemplated in the MHS designation
where approval is subject to the issuance of an authorized development permit.
Table 13.7.1
Permitted Uses
Discretionary Uses
- Accessory Buildings
- Housing, single-detached
- Housing, manufactured home
- Home Occupation - Minor
- Public parks and recreation areas
- Any permitted accessory building with a
height exceeding 5 metres
- Group homes
- Home Occupation - Major
- Utility installations
- Uses accessory to the above
- Solar Collectors
(3)
Manufactured Home Subdivision
The following development standards apply to areas where individually titled parcels have been
created.
(4)
Site Area
The minimum lot area shall be as specified in the following table:
Table 13.7.2
Use
Minimum Site Area (m2)
Housing, manufactured
250 m²
All other principle uses
500 m²
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(5)
Lot Frontage
The minimum lot frontage shall be in accordance with the following table:
Table 13.7.3
Use
Minimum Lot Frontage (m)
Housing, manufactured home
7.5 metres
All other principle uses
15 metres
(6)
Lot Coverage
The maximum coverage of buildings (principle and accessory) on a lot shall be in accordance with
the following table:
Table 13.7.4
Use
Maximum Lot coverage (%)
Housing, manufactured home
60%
All other principle uses
60%
(7)
Front Yard Setback
The minimum front yard setback shall be in accordance with the following table:
Table 13.7.5
Use
Minimum Front Yard Setback (m)
Housing, manufactured home
3 metres
All other principle uses
3 metres
(8)
Rear Yard Setback
The minimum rear yard setback shall be in accordance with the following table:
Table 13.7.6
Use
Minimum Rear Yard Setback (m)
Housing, manufactured home
3 metres
All other principle uses
5 metres
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(9)
Side Yard Setback
The minimum side yard setback shall be in accordance with the following table:
Table 13.7.7
Use
Minimum Side Yard Setback (m)
Housing, manufactured home
1.5 metres
Housing, manufactured home
4.5 metres between units
All principle uses (side property line of a
flanking street)
3.0 metres
All other principle uses
1.5 metres
(10) Height
The maximum building height shall be in accordance with the following table:
Table 13.7.8
Use
Maximum Building Height (m)
Housing, manufactured home
5 metres
Housing, single- detached
11 metres
All other principle uses
11 metres
(11) Design Regulations
(a)
All additions shall be designed in a manner that complements the manufactured
homes.
(b)
Ten percent of the gross area of a manufactured home park shall be developed for
recreational use either in the form of indoor community building and/or outdoor
recreational space.
(12) Additional Regulations
(a)
Accessory uses in this designation shall be subject to the regulations as per 8.1.
(b)
Temporary uses in this designation shall be subject to the regulations as per 9.25.
(c)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(d)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 11.
(e)
Landscaping in this designation shall be provided in accordance with the regulations in
9.16.
(f)
The construction of signs in this designation shall be in accordance with the
regulations in Part 12.
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13.8 CENTRAL COMMERCIAL (C1)
(1)
Purpose
The C1 - Central Commercial designation is intended to provide for a wide variety of commercial,
institutional and residential uses within the town centre. The intent is to foster mixed-use
development and encouraging vibrancy in a manner that facilitates pedestrian movement.
(2)
Permitted and Discretionary Uses
Table 13.8.1 outlines the permitted and discretionary uses contemplated in the C1 designation
where approval is subject to the issuance of an authorized development permit.
Table 13.8.1
Permitted Uses
Discretionary Uses
- Accessory buildings
- Art gallery
- Artisan Studio/Shop
- Bakery
- Club
- Convenience store
- Dry cleaning/laundromat services
- Financial services
- Funeral home
- Grocery store
- Hotel
- Housing, mixed use
- Office
- Medical clinic
- Motel
- Personal services
- Public administration
- Religious institution
- Restaurant
- Retail
- Sign
- Theatre
- Any permitted accessory building with a
height exceeding 10 metres
- Adult entertainment
- Alcohol Production
- Amusement arcade
- Automotive sales and/or rental
- Automotive supply store
- Car/truck wash
- Child Care Facility
- Contracting services
- Entertainment Venue
- Farmer's Market
- Gas bar
- Gambling and gaming hall
- Housing, apartment (low rise)
- Housing, apartment (high rise)
- Housing, supportive
- Liquor store
- Nightclub
- Parking facility
- Pawn shop
- Portable Storage Container
- Recycling depot
- Repair shop
- Restaurant - drive thru
- Solar collectors
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- Utility installations
(3)
Development Standards
The Development Standards for all uses listed in Table 13.8.1 shall adhere to the standards listed in
Table 13.8.2
Table 13.8.2
Development Standard
Site Standard
Minimum Lot Area (m²)
250 m²
Minimum lot width (m)
5 m
Minimum Lot Frontage (m)
6 m
Maximum Lot Coverage (%)
80%
Minimum Front Yard Setback (m) - adjacent
to Railway
1.5m
Minimum Front Yard Setback (m) - all others
nil
Minimum Rear Yard Setback (m)
6 m
Minimum Side Yard Setback (m)
Nil
Maximum Height
15 m
(4)
Design Regulations
(a)
Buildings should be built to the property line to create a defined relationship with the
public realm.
(b)
A minimum of 60% of the ground floor of any building should be finished in clear
glazing to allow for natural surveillance, and to create an engaging and vibrant public
realm. Reflective or tinted glazing should be discouraged.
(c)
The provision of canopies or awnings are encouraged to provide weather protection for
pedestrians.
(d)
No parking area shall be located within the front yard of any lot. Parking areas should
be located within the rear yard, with vehicular access from an adjacent lane.
(e)
The ground floor of any residential building should be utilized for commercial purposes.
(f)
Additional design regulations may be required at the discretion of the Development
Authority.
(5)
Additional Regulations
(a)
Accessory uses in this designation shall be subject to the regulations as per 8.1.
(b)
Temporary uses in this designation shall be subject to the regulations as per 9.25.
(c)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(d)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 11.
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(e)
Landscaping in this designation shall be provided in accordance with the regulations in
9.16.
(f)
The construction of signs in this designation shall be in accordance with the
regulations in Part 12.
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13.9 HIGHWAY COMMERCIAL (C2)
(1)
Purpose
The C2 - Highway Commercial designation is intended to accommodate the development of a wide
array of commercial uses on lots adjacent to roadways that facilitate large volumes of automotive
traffic.
(2)
Permitted and Discretionary Uses
Table 13.9.1 outlines the permitted and discretionary uses contemplated in the C2 designation
where approval is subject to the issuance of an authorized development permit.
Table 13.9.1
Permitted Uses
Discretionary Uses
- Accessory Buildings
- Auction mart
- Automotive sales and/or rental
- Automotive supply store
- Bakery
- Car/Truck wash
- Club
- Convenience store
- Dry cleaning/laundromat services
- Financial Services
- Funeral home
- Gas bar
- Grocery store
- Hotel
- Housing, mixed-use
- Office
- Medical clinic
- Motel
- Personal Services
- Public administration
- Religious Institution
- Restaurant
- Restaurant, drive-thru
- Retail
- Sign
- Any permitted accessory building with a
height exceeding 10 metres
- Adult entertainment
- Amusement arcade
- Automotive service and/or paint shop
- Contracting services
- Farmer's Market
- Gambling and gaming hall
- Gas bar, card lock
- Industrial, Light
- Liquor store
- Nightclub
- Pawn shop
- Portable Storage Container
- Recycling depot
- Repair shop
- Solar Collectors
- Theatre
- Trucking establishment
- Utility installations
- Warehouse
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(3)
Development Standards
The Development Standards for all uses identified in Table 13.9.1 shall adhere to the standards
listed in Table 13.9.2.
Table 13.9.2
Development Standard
Site Standard
Minimum Lot Area (m²)
1000 m²
Minimum Lot Width (m)
15 m
Minimum Lot Frontage (m)
6 m
Maximum Lot Coverage (%)
65%
Minimum Front Yard Setback (m)
7.5 m
Minimum Rear Yard Setback (m)
6 m
Minimum Side Yard Setback (m)
2.5 m
Maximum Height
15 m
(4)
Design Regulations
(a)
The façade of any principle building should be finished in brick, rock, stone, stucco,
wood, glass, and/or precast concrete. Exterior finishes should require minimal
maintenance but demonstrate high quality workmanship.
(b)
Additional design regulations may be required at the discretion of the Development
Authority.
(5)
Additional Regulations
(a)
No access to a lot shall be provided from Highway 778 without obtaining the approval
of Alberta Transportation.
(b)
Accessory uses in this designation shall be subject to the regulations as per 8.1.
(c)
Temporary uses in this designation shall be subject to the regulations as per 9.25.
(d)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(e)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 11.
(f)
Landscaping in this designation shall be provided in accordance with the regulations in
9.16.
(g)
The construction of signs in this designation shall be in accordance with the regulations
in Part 12.
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13.10 INDUSTRIAL (M)
(1)
Purpose
The M - Industrial designation is intended to accommodate the development of a wide array of
industrial uses which will not cause any objectionable or noxious conditions, be it noise, odour,
dust, vibration or any other similar sensation, beyond the lot on which they are located.
(2)
Permitted and Discretionary Uses
Table 13.10.1 outlines the permitted and discretionary uses contemplated in the M designation
where approval is subject to the issuance of an authorized development permit.
Table 13.10.1
Permitted Uses
Discretionary Uses
-
Accessory Buildings
-
Agricultural sales and/or service
-
Auction mart
-
Automotive sales and/or rental
-
Automotive service and/or paint shop
-
Automotive supply store
-
Bakery
-
Car/Truck wash
-
Club
-
Convenience store
-
Contracting services
-
Dry cleaning/Laundromat services
-
Gas bar
-
Greenhouse
-
Industrial, Light
-
Manufacturing, processing, packaging or
assembly of goods or materials
-
Mini storage
-
Public Administration
-
Repair shop
-
Sign
-
Trucking establishment
-
Warehouse
-
Veterinary clinic
-
Any permitted accessory building with a
height exceeding 10 metres
-
Abattoir
-
Alcohol Production
-
Amusement arcade
-
Adult entertainment
-
Bulk fuel and/or fertilizer sales and
storage
- Data processing centre(s)
-
Gambling and gaming hall
-
Gas bar, card lock
-
Housing, mixed-use
-
Industrial, Medium
- Industrial, Heavy
- Kennel
-
Liquor store
-
Meat processing plant
-
Medical Marihuana Facility
- Outdoor Storage Yard
-
Portable Storage Container
-
Recycling depot
-
Restaurant
-
Restaurant, drive-thru
-
Salvage yard
-
Solar Collectors
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-
Wrecking yard
(3)
Development Standards
The Development Standards for all uses identified in Table 13.10.1 shall adhere to the standards
listed in Table 13.0.2.
Table 13.10.2
Development Standard
Site Standard
Minimum Lot Area (m²)
500 m²
Minimum Lot Frontage (m)
15 m
Maximum Lot Coverage (%)
50%
Minimum Front Yard Setback (m)
7.5 m
Minimum Rear Yard Setback (m)
6 m
Minimum Side Yard Setback (m)
2.5 m
Maximum Height
15 m
(4)
Design Regulations
(a)
No outdoor storage of goods, materials, or equipment shall be permitted within any
portion of a front, side, or rear yard, which runs parallel to an adjacent roadway.
(b)
All loading facilities should be located and accessed from a side and/or rear yard.
(c)
The development authority may require a lot to be fenced or landscaped.
(d)
Additional design regulations may be required at the discretion of the Development
Authority.
(5)
Additional Regulations
(a)
No access to a lot shall be provided from Highway 778 without obtaining the approval
of Alberta Transportation.
(b)
Accessory uses in this designation shall be subject to the regulations as per 8.1.
(c)
Temporary uses in this designation shall be subject to the regulations as per 9.25.
(d)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(e)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 11.
(f)
Landscaping in this designation shall be provided in accordance with the regulations in
9.16.
(g)
The construction of signs in this designation shall be in accordance with the regulations
in Part 12.
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13.11 PUBLIC SERVICE (PS)
(1)
Purpose
The PS - Public Services designation is intended to accommodate the development of uses which
serve the public and which are of benefit to the community.
(2)
Permitted and Discretionary Uses
Table 13.11.1 outlines the permitted and discretionary uses contemplated in the PS designation
where approval is subject to the issuance of an authorized development permit.
Table 13.11.1
Permitted Uses
Discretionary Uses
-
Accessory Buildings
-
Cemetery
-
Community centre
-
Golf course
-
Hospital
-
Landfill
-
Library
-
Museum
-
Park
-
Public administration
-
Recreational facility
-
Religious institution
-
School
-
Tourism information centre
-
Utility installations
-
Campground
-
Child Care Facility
-
Entertainment Venue
-
Portable Storage Container
-
Retail
-
Restaurant
-
Sign
-
Solar collectors
(3)
Development Standards
The Development Standards for all uses identified in Table 13.11.1 shall adhere to the standards
listed in Table 13.11.2.
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Table 13.11.2
Development Standards
Site Standard
Minimum Lot Area (m²)
400 m²
Minimum Lot Frontage (m)
15 m
Maximum Lot Coverage (%)
75%
Minimum Front Yard Setback (m)
7.5 m
Minimum Rear Yard Setback (m)
6 m
Minimum Side Yard Setback (m)
2.5 m
Maximum Height
15 m
(4)
Additional Regulations
(a)
Accessory uses in this designation shall be subject to the regulations as per 8.1.
(b)
Temporary uses in this designation shall be subject to the regulations as per 9.25.
(c)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(d)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 11.
(e)
Landscaping in this designation shall be provided in accordance with the regulations in
9.16.
(f)
The construction of signs in this designation shall be in accordance with the
regulations in Part 12.
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13.12 URBAN HOLDINGS (UH)
(1)
Purpose
The UH - Urban Holdings designation is intended to retain land in an undeveloped manner for
future urban expansion, while contemplating a limited number of interim uses, and allowing
existing uses to remain until development proceeds. Urban Holdings land cannot be subdivided
and/or redesignated until the registered owner has prepared an Area Structure Plan for the
property to the satisfaction of Council.
(2)
Permitted and Discretionary Uses
Table 13.12.1 outlines the permitted and discretionary uses contemplated in the UH designation
where approval is subject to the issuance of an authorized development permit.
Table 13.12.1
Permitted Uses
Discretionary Uses
-
Housing, single-detached
-
Accessory Buildings
-
Agriculture, excluding intensive livestock
operations
-
Agriculture, excluding medical
marihuana facility
-
Park
-
Public administration
-
Stormwater Management Facility
-
Utility installations
-
Agricultural processing - minor
- Agri-tourism Business
-
Campground
-
Golf course
- Kennel
-
Portable Storage Container
-
Sign
-
Solar collectors
(3)
Development Standards
The Development Standards for all uses identified in Table 13.12.2 shall adhere to the standards
listed in Table 13.12.2
Table 13.12.2
Development Standards
Site Standard
Minimum Lot Area (m²)
400 m²
Minimum Lot Frontage (m)
15 m
Maximum Lot Coverage (%)
75%
Minimum Front Yard Setback (m)
7.5 m
Minimum Rear Yard Setback (m)
6 m
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Minimum Side Yard Setback (m)
2.5 m
Maximum Height
15 m
(4)
Additional Regulations
(a)
Accessory uses in this designation shall be subject to the regulations as per 8.1.
(b)
Temporary uses in this designation shall be subject to the regulations as per 9.25.
(c)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(d)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 11.
(e)
Landscaping in this designation shall be provided in accordance with the regulations in
9.16.
(f)
The construction of signs in this designation shall be in accordance with the
regulations in Part 12.
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13.13 DIRECT CONTROL (DC)
(1)
Purpose
The DC - Direct Control designation is intended to provide control over the use and
development of land or buildings for which Council has determined that, because of unique
land use characteristics, innovative ideas, or special environmental concerns, such
development could not be effectively accommodated under any other land use designation in
this Bylaw.
(2)
Permitted and Discretionary Uses
(a)
All permitted and discretionary uses shall be as prescribed in the previously written
Statutory Plan.
(b)
In the absence of an adopted Area Structure Plan or Area Redevelopment Plan, any use
which, in the opinion of the Development Authority, is compatible with the character of
existing surrounding uses and adjacent designated Land Use Districts may also be
allowed.
(3)
Development Standards
(a)
The Development Authority may require additional information to properly evaluate
the proposed development in terms of its compliance with this Bylaw, and any
applicable Statutory Plan.
(b)
All development shall comply with the lot sizes, building setback requirements and
other development criteria as prescribed in any applicable Statutory Plan.
(4)
Additional Regulations
(a)
All other development requirements shall be at the discretion of the Development
Authority. In determining the appropriate requirements for a development in the DC
District, the Development Authority shall have regard to any provisions in this Bylaw for
similar uses or developments.
(b)
In the absence of an adopted Area Structure Plan or Area Redevelopment Plan, the
regulations which will be applied to a development will be those which, in the opinion
of the Development Authority, are compatible with the character of existing
surrounding uses and adjacent designated Land Use Districts.
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13.14 DIRECT CONTROL DISTRICT - 2024-01
(1)
Location
Proposed Lot 10 Block 1 within Lot 1A, Block 1 PLAN 0525407
(2)
Purpose
To accommodate and allow for one residential unit, small-scale manufacturing and
greenhouse to be located on one property adjacent to a rail line.
(3)
Permitted Uses
(a)
Multi-use building containing small-scale Manufacturing and ground floor residential
(b)
Greenhouse
(c)
Accessory uses and buildings
(4)
Discretionary Uses
(a)
As determined by Council or its delegate as being appropriate for the subject site and
surrounding land uses.
(5)
Development Standards and Setback Requirements
(a)
The development standards and setback requirements specified within the Highway
Commercial (C2) District will be utilized, with the following exceptions:
(i)
Setbacks
(1)
As determined by Council or its delegate as being appropriate for the
subject site and surrounding land uses.
(ii)
Outdoor Storage
(2)
Outdoor storage of materials shall not be permitted.
(iii)
Signage
(3)
As determined by Council or its delegate as being appropriate for the
subject site and surrounding land uses
(iv)
Maximum number of residential units
(4)
1 unit per parcel.
(v)
Parking and Loading
(5)
Sufficient space must be provided on site so that public roads are not used
for Parking and Loading as determined by Council or its delegate.
(6)
Maximum Number of Residential Units
(a)
One (1).
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APPENDIX 1: ENFORCEMENT PENALTIES
Offence
First Offence
Second Offence and
Additional Offences
Failure to obtain a
development permit
$250.00
$500.00
Failure to obtain a
development permit for a sign
$100.00
$200.00
Failure to comply with
development permit
conditions
$500.00
$1000.00
Failure to comply with district
regulations
$500.00
$1000.00
Failure to comply with any
other regulation or standard
of this Bylaw
$250.00
$500.00
Fines for second and additional offences noted: Minimum Specified Penalties are for when the
offence has occurred within a twelve (12) month period of the previous offence.