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Town of Three Hills
Land Use
Bylaw
December 14, 2020
Bylaw: 1458-20
Town of Three Hills Land Use Bylaw 2
Town of Three Hills Land Use Bylaw
3
TABLE OF CONTENTS
GENERAL ....................................................................................................................... 8
SHORT TITLE .................................................................................................................... 8
PURPOSE ........................................................................................................................ 8
EFFECTIVE DATE ............................................................................................................. 9
INTERPRETATIONS .......................................................................................................... 9
SEVERABILITY ................................................................................................................10
COMPLIANCE WITH OTHER LEGISLATION ...................................................................10
LAND USE POLICIES ......................................................................................................10
DEFINITIONS ................................................................................................................ 11
ESTABLISHMENT OF AUTHORITIES AND DUTIES ............................................................36
DEVELOPMENT OFFICER ..............................................................................................36
MUNICIPAL PLANNING COMMISSION ........................................................................36
REGIONAL INTERMUNICIPAL SUBDIVISION AND DEVELOPMENT APPEAL
BOARD (REGIONAL SDAB) ..........................................................................................36
VARIANCE AUTHORITY.................................................................................................37
ESTABLISHMENT OF FORMS ..........................................................................................39
DEVELOPMENT APPLICATION PROCESS AND DECISION ........................................... 40
PURPOSE OF DEVELOPMENT PERMITS .........................................................................40
DEVELOPMENT PERMIT NOT REQUIRED ......................................................................40
NON-CONFORMING USES AND BUILDINGS ...............................................................42
COMPLIANCE CERTIFICATE .........................................................................................43
DEVELOPMENT REFERRALS ..........................................................................................43
APPLICATION FOR A DEVELOPMENT PERMIT .............................................................43
CONDITIONS OF APPROVAL BY THE DEVELOPMENT OFFICER ..................................46
CONDITIONS OF APPROVAL BY THE MUNICIPAL PLANNING COMMISSION ............47
DIRECT CONTROL DISTRICT DEVELOPMENT PERMIT APPLICATION ...........................49
DECISIONS OF THE REGIONAL SDAB ..........................................................................50
DEVELOPMENT AGREEMENT .......................................................................................50
DEVELOPMENT PERMITS AND NOTIFICATION OF DECISION ......................................51
Town of Three Hills Land Use Bylaw 4
SUBDIVISION APPLICATIONS & APPROVALS ..............................................................53
SUSPENSION OR CANCELLATION OF A DEVELOPMENT PERMIT ................................55
DEVELOPMENT AND SUBDIVISION APPEALS .............................................................. 56
APPEAL PROCEDURE ...................................................................................................56
DECISION......................................................................................................................57
ADMINISTRATION AND ENFORCEMENT ...................................................................... 58
PROCEDURE TO AMEND THE LAND USE BYLAW.........................................................58
ENFORCEMENT ............................................................................................................60
OFFENCES AND PENALITIES .........................................................................................61
CONTRAVENTION ........................................................................................................61
ENFORCEMENT FINES ...................................................................................................61
VIOLATION TICKETS ......................................................................................................61
ORDERS AND STOP ORDERS .......................................................................................62
GENERAL LAND USE REGULATIONS ............................................................................ 64
GENERAL LAND USE REGULATIONS ............................................................................64
ACCESSORY BUILDINGS ..............................................................................................64
AIR SUPPORTED AND FABRIC COVERED STRUCTURES ...............................................66
ALTERNATIVE ENERGY COLLECTING AND STORING DEVICES ...................................66
BALCONIES ...................................................................................................................67
BED AND BREAKFAST ESTABLISHMENTS .......................................................................67
BUILDING DEMOLITION ................................................................................................68
BUILDING IDENTIFICATION ...........................................................................................69
BUILDING ORIENTATION AND DESIGN ........................................................................70
CANNABIS PRODUCTION FACILITY .............................................................................70
CANNABIS RETAIL SALES STORE ...................................................................................71
CHILDCARE SERVICE & DAY HOME ............................................................................71
CONDOMINIUM PLANS ...............................................................................................72
CONSTRUCTION GUIDELINES ......................................................................................73
CONTAINERS, SHIPPING CONTAINERS, SEA CAN OR DRY BOX ................................73
DANGEROUS GOODS .................................................................................................74
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DATE OF OCCUPANCY ...............................................................................................74
DECKS ...........................................................................................................................75
DEVELOPMENT IN PROXIMITY TO OIL AND GAS WELLS .............................................75
DEVELOPMENT ON LAND TO BE SUBDIVIDED .............................................................75
DEVELOPMENTS ENCROACHING ON TOWN PROPERTY ...........................................76
DRAINAGE STANDARDS ..............................................................................................76
DRIVE-IN BUSINESS........................................................................................................77
EASEMENTS ...................................................................................................................77
ENVIRONMENTAL PROTECTION STANDARDS .............................................................78
EXTERIOR DISPLAYS ON ADJACENT MUNICIPAL PROPERTY IN COMMERCIAL
DISTRICTS ......................................................................................................................78
GARAGE.......................................................................................................................80
GARAGE SUITE .............................................................................................................81
GARDEN SUITE ..............................................................................................................82
GATES, WALLS, FENCES, HEDGES, OR OTHER MEANS OF ENCLOSURE .....................82
HOME OCCUPATIONS .................................................................................................83
KENNEL .........................................................................................................................87
LANDSCAPING .............................................................................................................87
LIGHTING ......................................................................................................................90
LIQUOR STORE ..............................................................................................................92
MANUFACTURED HOME DESIGN ................................................................................92
MEDICAL MARIJUANA FACILITY ..................................................................................93
MOTELS .........................................................................................................................94
MULTIPLE UNIT DEVELOPMENT DESIGN GUIDELINES ...................................................94
MULTIPLE USES ..............................................................................................................95
NUMBER OF BUILDINGS ON A PARCEL .......................................................................95
PET CARE SERVICE .......................................................................................................96
PORTABLE GARAGE .....................................................................................................96
PRIVATE SWIMMING POOLS, HOT TUBS AND SPAS ....................................................97
PUBLIC UTILITY ...............................................................................................................97
RECREATIONAL VEHICLES IN RESIDENTIAL DISTRICTS .................................................98
Town of Three Hills Land Use Bylaw 6
RELOCATION OF BUILDINGS .......................................................................................99
SATELLITE DISH ANTENNAS AND COMMUNICATION TOWERS ...................................99
SCREENING AND GARBAGE STORAGE .................................................................... 101
SECONDARY SUITE ..................................................................................................... 101
SERVICE STATIONS...................................................................................................... 102
SIGHT LINE CONTROL ................................................................................................. 103
SITE DIMENSIONS ........................................................................................................ 103
SITE SERVICING ........................................................................................................... 103
TEMPORARY BUILDING .............................................................................................. 104
VEHICLE PROVISIONS FOR SITE DEVELOPMENT ........................................................ 104
YARDS AND RELATED RULES GOVERNING THEIR USE............................................... 113
.SIGNS .........................................................................................................................116
PURPOSE ..................................................................................................................... 116
SIGN REGULATION DEFINITIONS ................................................................................ 116
DEVELOPMENT PERMIT REQUIREMENTS .................................................................... 118
SIGN PERMIT NOT REQUIRED ..................................................................................... 119
PROCEDURES REGULATING SIGNS ............................................................................ 120
ADMINISTRATION AND ENFORCEMENT OF SIGNS ................................................... 122
SPECIFIC SIGN REGULATIONS .................................................................................... 123
LAND USE DISTRICTS ...................................................................................................130
ESTABLISHMENT OF LAND USE DISTRICTS .................................................................. 130
R1 - RESIDENTIAL DISTRICT ......................................................................................... 132
R2 - RESIDENTIAL HIGH-DENSITY MIXED DISTRICT ..................................................... 135
R3 - RESIDENTIAL MANUFACTURED HOME DISTRICT ................................................ 138
C1 - COMMERCIAL GENERAL DISTRICT ................................................................... 143
C2 - COMMERCIAL CENTRAL DISTRICT .................................................................... 147
C3 - COMMERCIAL HIGHWAY DISTRICT .................................................................. 151
C4-COMMERCIAL INDUSTRIAL DISTRICT ................................................................... 154
I1 - INDUSTRIAL GENERAL DISTRICT ........................................................................... 157
I2 - INDUSTRIAL RAILWAY DISTRICT ........................................................................... 161
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COL - COLLEGE DISTRICT .......................................................................................... 164
P1 - PUBLIC COMMUNITY SERVICE DISTRICT ............................................................ 167
UR - URBAN RESERVE DISTRICT .................................................................................. 169
DC - DIRECT CONTROL DISTRICT .............................................................................. 171
Town of Three Hills Land Use Bylaw 8
THE TOWN OF THREE HILLS
BYLAW NO: 1458-20
BEING A BYLAW TO REGULATE AND CONTROL THE USE AND DEVELOPMENT OF LAND AND BUILDINGS
IN THE TOWN OF THREE HILLS
WHEREAS the Municipal Government Act, R.S.A. 2000, Chapter M-26 and amendments thereto
authorizes the Council of a municipality to enact a land use bylaw to prohibit, regulate, or control
the use and development of land and buildings in a municipality.
NOW THEREFORE the Municipal Council of the Town of Three Hills, in the Province of Alberta, duly
assembled in accordance with Part 17 of the Municipal Government Act enacts as follows:
GENERAL
SHORT TITLE
This Bylaw may be cited as the "Town of Three Hills Land Use Bylaw". This Land
Use Bylaw is referred to as the Bylaw in this text.
PURPOSE
The purpose of this Bylaw is to regulate and control the use and development
of land and buildings within the Town of Three Hills to achieve the orderly and
economic development of land, and:
a. to divide the Town into districts;
b. to prescribe and regulate for each district the purposes for which land and
buildings may be used;
c. to establish the office of the Development Officer;
d. to establish a method of making decisions on applications for subdivision and
development permits including the issuance of development permits; and
e. to provide the manner in which notice of the issuance of a development permit
is given.
The Bylaw shall be applied in a way that enables the implementation of the
plans and studies that have been adopted by the Town Council and is
consistent with the Town of Three Hills Municipal Development Plan Bylaw.
No development shall occur within the town except in accordance with this
Bylaw.
Town of Three Hills Land Use Bylaw
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EFFECTIVE DATE
This Bylaw comes into effect on the date of the third reading and signing.
The previous Town of Three Hills Land Use Bylaw 1398-17 and amendments
thereto are hereby repealed and cease to have effect on the day this Bylaw
comes into force.
INTERPRETATIONS
In this Bylaw:
a. Where reference is made to other legislation or documents, the reference is to
the legislation or documents as amended from time to time.
b. Where a regulation involves two or more conditions, provisions, or events
connected by the word "and", this means that all the connected items shall
apply in combination.
c. Where a regulation involves two or more conditions, provisions, or events
connected by the word "or", this means that the connected items may apply
individually.
d. Words, phrases, and terms not defined in this Bylaw may be given their definition
in the Municipal Government Act or the National Building Code - 2019 Alberta
Edition. Other words shall be given their customary meaning.
e. Words used in the present tense include the other tenses and derivative forms.
f. Words used in the singular include the plural and vice versa.
g. Words have the same meaning whether capitalized or not.
h. Individual uses are grouped into definitions with common functional or physical
effects or characteristics. These uses define the range of uses that are
permitted, discretionary, or prohibited, with or without conditions, within various
districts of this Bylaw.
i. Examples listed in a land use definition are not intended to be exclusive or
restrictive.
j. In the case of any conflict between the text of this Bylaw and any maps or
drawings used to illustrate any aspect of this Bylaw, the text shall govern.
k. In the case of any conflict between a number written in numerals and a number
written in letters, the number written in numerals shall govern.
l. The standard measurement used in this Bylaw is metric, and any reference to
imperial measurement is for convenience purposes only. In the case of any
conflict between information expressed in metric units and in imperial units, the
metric shall govern.
m. Illustrations shown in this bylaw are for clarification and convenience only and
do not form a part of this Bylaw. All provisions of this Bylaw must be referenced.
n. Whenever the singular masculine gender is used in this document, the same shall
Town of Three Hills Land Use Bylaw 10
include the feminine and neutral gender whenever context requires.
SEVERABILITY
If one or more provisions of this Bylaw are, for any reason, held to be invalid by
a court of competent jurisdiction, all remaining provisions are to remain in full
force and effect.
COMPLIANCE WITH OTHER LEGISLATION
Compliance with this Bylaw does not exempt any person from:
obtaining a development permit required by this Bylaw or obtaining any other
permit, license, or other authorization required by this or any other Bylaw;
requirements of any statutory plan;
the requirements of the Alberta Safety Codes Act, R.S.A 2000, Chapter S-1;
the requirements of the National Building Code - 2019 Alberta Edition;
the requirements of any federal, provincial, or municipal legislation or
regulations; and
the requirements of any caveat, easement, covenant, instrument, building
scheme, agreement, or contract affecting the development or land.
LAND USE POLICIES
Every action undertaken by the Town, the Development Officer, the Municipal
Planning Commission and the Regional Subdivision and Development Appeal
Board (Regional SDAB) must be consistent with the land use policies established
pursuant to the MGA, the Subdivision and Development Regulations and the
Red Deer Region Regional Plan when adopted by the province.
Town of Three Hills Land Use Bylaw
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DEFINITIONS
In this Land Use Bylaw,
ACCESSORY BUILDING means a building separate and subordinate to the main
building, the use of which is incidental to that main building and is located on the same
parcel of land
ACCESSORY USE means a use that is naturally or normally incidental, subordinate, and
exclusively devoted to the principal legal use of the lot and located on the same lot
as the principal use.
ADJACENT LAND means land or a portion of land that is contiguous and includes land
or a portion of land that would be contiguous except for a road, rail or utility right-of-
way, river, or stream.
ADULT CARE RESIDENCE means a building with two (2) or more accommodation units
designed to provide long term housing wherein the adult residents who, because of
their circumstances cannot, or do not wish to maintain their own households, may be
provided with meal services, and may receive such services as housekeeping and
personal care assistance.
AIR SUPPORTED AND FABRIC COVERED STRUCTURES means an accessory building where
the outer shell is supported by artificially produced and constantly maintained air
pressure above local atmospheric level or the outer shell is made of artificial fabric
spanned across rigid trusses. This use class is excluded from all residential districts.
ALL-WEATHER SURFACING means an unpaved road or driveway which is constructed
of a material, such as gravel, that does not create mud during rainfall.
ANIMAL HOSPITAL AND SHELTER means development used for the temporary
accommodation and care or impoundment of small animals and livestock within an
enclosed building.
ARCHITECTURAL CONTROLS mean a collection of design guidelines used to harmonize
and enhance the exterior presentation of homes and buildings with the general
scheme of civic design. They often include materials, colors, styles, massing, textures,
and scales.
AREA REDEVELOPMENT PLAN means a plan adopted by Council pursuant to the MGA,
as amended from time to time, which is primarily applied to existing developed areas
for the purpose of preserving or improving land and buildings, rehabilitating, removing,
constructing, or replacing buildings, establishing, improving, or relocating roads, public
utilities, or other services, or facilitating any other development in the area.
AREA STRUCTURE PLAN means a plan adopted by Council pursuant to the MGA, as
amended from time to time, which provides a long-range framework for future
subdivision and development of an undeveloped area of land, and describes the
sequence of development, proposed land uses, proposed population density, and the
Town of Three Hills Land Use Bylaw 12
general location of major transportation routes and public utilities.
AUCTIONEERING ESTABLISHMENT means a development intended for the auctioning of
livestock, goods, and/or equipment, including the temporary storage of such livestock,
goods, and/or equipment, but does not include garage sales, flea markets, or sale of
such items on an irregular basis.
AUTOMOTIVE means a development used for the sale, repair, rental and service. This
does not include automotive wrecker.
AWNING means metal, canvas, or plastic sheet stretched and/or attached by
supports from an exterior wall.
BARE LAND CONDOMINIUM means a condominium development containing bare
land condominium units, created specifically through subdivision, and registered as a
condominium plan in accordance with the Condominium Property Act, RSA 2000, c.
C-22, as amended from time to time.
BARE LAND CONDOMINIUM UNIT means a bare land unit as defined in the
Condominium Property Act, RSA 2000 c. C-22, as amended from time to time.
BARRIER-FREE means the absence of obstacles in an environment, therefore allowing
persons with physical, mental, or sensory disabilities safer and easier access into
buildings and then use of those buildings
and related facilities and services.
BASEMENT means the ceiling structure of
which does not extend more than 1.83
m (6.05 ft) above finished grade.
BED AND BREAKFAST ESTABLISHMENT
means an ancillary commercial use
operated by the permanent resident of
the dwelling and providing a maximum
accommodation of four (4) guest rooms,
whereby temporary accommodation
with or without meals is provided for
remuneration to members of the public.
Common washroom and dining facilities
are provided, but no cooking facilities
shall be provided in guest rooms.
BOARDING HOUSE means a commercial
endeavour or development located within a dwelling unit where the commercial
activity, or any part thereof, is to provide individuals with shared access to any of the
following on a fee-for-service basis:
2.19.1
washroom facilities;
2.19.2
sleeping accommodations; or
2.19.3
cooking or eating facilities, as in a cafeteria or canteen.
Figure 1: Basement
Town of Three Hills Land Use Bylaw
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Typical uses include hostels and rooming houses. Notwithstanding the foregoing, a
dwelling unit occupied by a family and a maximum of two lodgers shall not be
considered a boarding house.
BOULEVARD means that portion of the road right-of-way located between the
property line and the edge or curb of a road excluding any sidewalk. A boulevard
can also mean a median strip located between the two edges of curbs of a road.
BROWNFIELD SITE means an abandoned or underused industrial or commercial site
where past activities on the site may have caused environmental soil and/or
groundwater contamination.
BUILDING includes anything constructed or placed on, in, over, or under land, (e.g.
house, shed, fence, sign, parking lot, etc.) but does not include a highway or a public
roadway or a bridge that forms part of a highway or public roadway.
BUILDING DEMOLITION means the pulling down, tearing down, or razing a building.
BUILDING SUPPLY STORE means a development that sells materials required for the
construction or assembly of buildings by a specific trade including but not limited to
lumber, millwork, plumbing and electrical supplies and that include the incidental sales
and rental of products and equipment related to the materials that are sold.
BUSINESS SUPPORT SERVICE means development used to provide support services to
businesses and which are characterized by one or more of the use of minor
mechanical equipment for printing, duplicating, binding, or photographic processing;
secretarial services; the provision of office maintenance or custodial services; the
provision of office security; the sale, rental, repair, or servicing of office equipment,
furniture, and machines; and the sale, rental, repair, or servicing of computers, cellular
phones, and fax machines. Typical uses include, but are not limited to, printing
establishments, testing laboratories, film processing establishments, janitorial firms,
office equipment sales and repair establishments, and sign shops.
CAMPGROUND means development of land which has been planned and improved
for year-round short-term use for holiday trailers, motor homes, tents, campers, and
similar recreational vehicles. Typical uses include tourist trailer parks, campsites, and
tenting grounds.
CANNABIS has the meaning given to it in the Cannabis Act.
CANNABIS ACT means Bill C-45, An Act respecting cannabis and to amend the
Controlled Drugs and Substances Act, the Criminal Code and other Acts, 1st Sess.,
42nd Parl., 2017.
CANNABIS PRODUCTION AND DISTRIBUTION FACIILITY (CPDF) means a use:
2.29.1.
that is a Health Canada licensed facility where all activities and functions
associated with the cultivation, processing, packaging, labelling, distribution,
testing, destruction, or storage of cannabis are fully enclosed within a
standalone building and must be the sole use approved for the building;
2.29.2.
that unless otherwise stated in this Bylaw, may only be approved as a
Town of Three Hills Land Use Bylaw 14
discretionary use in the Commercial and Industrial Services (CIS) Land Use
District. A cannabis production and distribution facility is prohibited in all other
Land Use Districts;
2.29.3.
where an accessory building or structure used for security purposes must be
located on the same parcel;
2.29.4.
that must include equipment designed and intended to remove odours from
the air prior to discharge from the building;
2.29.5.
where, notwithstanding the requirements of Section 7.34 of this Bylaw, all light
associated with any activity or function undertaken within the standalone
building, shall be contained within the building, thereby having no adverse
effect on an adjacent site;
2.29.6.
where the stand-alone building must not be located within 150m from the
nearest property line of a parcel designated as a residential district, from the
nearest property line of a parcel upon which a school is located, or from the
nearest property line of a parcel upon which a day care facility is located;
2.29.7.
where signage shall not identify the use; and
2.29.8.
that does not include a cannabis retail store or cannabis lounge.
CANNABIS RETAIL SALES STORE means a development used for the retail sale of
cannabis that is authorized by provincial or federal legislation. This use does not include
a cannabis lounge or cannabis production and distribution facility.
CANOPY means a fixed or free-standing structure that provides overhead shelter
comprised of a roof and supporting structure that are attached or unattached to and
extend from a building and includes a theatre marquee.
CAO means the Chief Administrative Officer for the Town of Three Hills or his designate.
CARPORT means a structure used for vehicle parking, with one edge of the roof
attached to a building and the other edge supported by posts or poles and does not
have more than 60% of the total perimeter enclosed by walls, doors, or windows.
CAR AND TRUCK WASH means a development used for the cleaning of motor vehicles.
Typical uses include interior and exterior automotive/drive through or coin/time
operated car or truck washes, which may or may not be accessory to a service station
or gas bar.
CATERING SERVICE means a development where foods and beverages, to be served
off the premises, are prepared for sale to the public.
CEMETERY means development of a parcel of land primarily as landscaped open
space for the entombment of the deceased, and may include the following accessory
developments: crematories, cinerarium, columbarium, and mausoleums. Typical uses
include memorial parks, burial grounds, and gardens of remembrance.
CHANGE OF USE means the act of changing the use occupying a building or parcel
of land to a different use. A change occurs whenever:
Town of Three Hills Land Use Bylaw
15
2.37.1.
the occupant of a single tenant building or parcel changes the use to a
different use;
2.37.2.
the occupant of a tenant space in a multi-tenant building changes to a use
not currently existing in another tenant space of the building or a use that did
not previously exist in the building within the last six (6) months;
2.37.3.
the use previously existing in a building or parcel but has been discontinued
for a period of six (6) months; or
2.37.4.
a different use that did not previously exist on the property is proposed.
CHILDCARE SERVICE means a development which may be licensed by the Province of
Alberta to provide daytime personal care, maintenance, supervision, or education,
without overnight accommodation, for seven (7) or more children, under the age of
thirteen, at one (1) time for more than three (3) but less than twenty-four (24)
consecutive hours in a day. Typical uses include daycare centres, day nurseries,
kindergartens, nursery schools, play schools, drop-in centres, and out-of-school care.
Childcare service does not include day homes.
COMMERCIAL RECREATION OR ENTERTAINMENT FACILITY means a facility or
establishment which provides for recreation or entertainment for a gain or a profit. It
does not include adult entertainment facilities or drinking establishments. Uses may
include movie theatres, live theatre, dance clubs, bowling alleys, fairs, escape rooms,
mini golf, go-cart racing, gymnasiums, racquet courts, roller skating, and simulated golf
or uses like these.
COMMUNICATION TOWER means an antenna and/or a supporting structure intended
for the transmission and/or receiving of radio communication, including but not limited
to radio and television transmission, two-way radio, land-mobile systems, fixed-point
microwave, and amateur radio systems, in excess of 15 m (50 ft) in height measured
from grade.
COMMUNITY RECREATION means development for recreational, social, or multi-
purpose use without fixed seats, primarily intended for local community purposes.
Typical uses include community halls and community centres operated by local
residents or town organizations.
CONSTRUCTION SERVICE means a development used to provide landscaping,
electrical, plumbing, heating, painting, woodworking, or similar contractor services to
households or to general contractors but does not include equipment rental.
CONTAINER, SHIPPING CONTAINER, SEA CAN OR DRY BOX means a prefabricated
steel container used for transporting cargo by sea, rail, road, or air and which is
intended for the storage of goods or equipment, or as a moveable storage unit.
CONVENIENCE RETAIL STORE means development used for the retail sale of those
goods required by customers on a day to day basis, from business premises which do
not exceed 235 m2 (2,530 ft2) in gross floor area.
CORNER LOT means a lot at the intersection of two (2) or more streets, including lanes,
or a lot located abutting a public roadway, including a lane, which changes direction
at any point where it abuts the lot.
COUNCIL means the body of elected officials who govern the Town.
CUSTOM
WORKSHOP
means
the
use
of
premises
for
the
production
or
manufacture/processing of clothing, articles, and/or craft objects. This use may
include the provision of classes or workshops to members of the public; however, this
shall be accessory to the principal use.
DAY HOME means a use accessory to a principal dwelling that may be licenced by
the Province to provide care and supervision, but not overnight accommodation, for
a maximum of six (6) children not including the provider's children at any one (1) time.
The care for non-resident children is for more than three (3) but less than twenty-four
(24) consecutive hours in a day. A day home shall meet all fire and health regulations.
DEALERSHIP/RENTAL
AGENCY,
IMPLEMENT
AND
EQUIPMENT
means
an
establishment having as its main use the storage of agricultural implements and
industrial equipment for sale, rent or lease. Accessory uses may include facilities for the
repair or maintenance of such implements.
DECK 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.
DEMOLITION means a complex set of tasks involving structural dismantlement, site
clearance, environmental remediation, razing, destroying, salvaging, or recycling of
buildings or structures or any part there.
DEMOLITION PERMIT means a permit issued for the removal or dismantling of a building
or structure within the Town's boundaries.
DENSITY means the maximum allowable number of dwelling units based on lot area.
DEVELOPMENT MEANS:
2.54.1.
an excavation or stockpile and the creation of either of them;
2.54.2.
a building or an addition to, or replacement or repair of a building and the
construction or placing of any of them on, in, over, or under land;
2.54.3.
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
2.54.4.
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.
DEVELOPMENT AGREEMENT means an agreement between a developer or property
owner and the Town that defines the terms and conditions under which a
development must be carried out.
DEVELOPMENT AUTHORITY means the Development Officer or Municipal Planning Town
of Three Hills Land Use Bylaw 16
Town of Three Hills Land Use Bylaw
17
Commission as the context may require.
DEVELOPMENT OFFICER means the person(s) appointed as a Development Officer
pursuant to a resolution of Council.
DEVELOPMENT PERMIT means the document issued by a Development Officer, the
Municipal Planning Commission or by Council in a Direct Control District, or by the
Regional SDAB under this Bylaw or any previous Land Use Bylaw and includes any plans
or conditions of approval.
DIRECT CONTROL means a land use designation where Council exercises control over
the use and development of land or buildings within an area of the Town. Council acts
as the Development Authority and limiting the right of appeal in accordance with the
MGA.
DISCRETIONARY USE means the use of land or a building, which may be compatible
with other uses in the land use district, contained in this Bylaw under the column
captioned "Discretionary Uses" where an application has been made for which a
development permit may be issued, with or without conditions, at the discretion of the
Municipal Planning Commission.
DISTRICT means an area of land designated on the Land Use Map for which a specific
set of land uses and rules have been set forth in this Bylaw.
DORMITORY RESIDENCE means a building containing one or more dwelling units for the
accommodation of students attending an educational institution on a temporary basis
and includes a single detached dwelling, a semi-detached dwelling a duplex
dwelling, a single wide or double wide manufactured home or a multiple unit dwelling
with associated cafeteria facilities.
DRINKING ESTABLISHMENT means an establishment the primary purpose of which is the
sale of alcoholic beverages for consumption on the premises and the secondary
purposes of which may include entertainment, dancing, the preparation, and sale of
food for consumption on the premises, take-out food services, and the sale of
alcoholic beverages for consumption away from the premises.
A drinking establishment includes any premises in respect of
which a Class A liquor license has been issued and where
minors are prohibited by the terms of the license.
DRIVE-IN BUSINESS means an establishment with facilities for
on-site service to customers who remain in their motor vehicles
but does not include a drive-in theatre. This also includes any
business which has a drive through as an accessory
component.
Figure 2: Drive-In Business
Town of Three Hills Land Use Bylaw 18
DWELLING, APARTMENT means a development consisting of
three (3) or more dwelling units contained within a building
in which the dwellings are arranged in any horizontal or
vertical configuration and share a common entrance from
outside the building, which does not conform to the
definition of any other residential use class.
DWELLING, ATTACHED means a building designed and built
to contain three (3) or more dwelling units separated from
each other by a fire-rated wall, each unit having separate
entrances from grade level. For purposes of this Bylaw,
garden, linked, row, townhouses, four-plex, five-plex, and six-
plex units which meet these criteria are considered to be
attached dwellings.
DWELLING, DUPLEX means a building designed and built to
contain two (2) dwelling units, with one (1) dwelling unit
placed over the other in whole or in part, each having a
separate entrance and not attached to any other residential
building. This type of development shall be designed and
constructed as two (2) dwellings at the time of initial
construction of the building. It does not include a secondary
suite.
DWELLING, GARAGE SUITE means an accessory dwelling
located above a detached garage (above grade). A garage suite is accessory to a
building in which the principal use is a single detached dwelling. A garage suite has
cooking facilities, food preparation, sleeping, and sanitary facilities which are separate
from those of the principal dwelling located on the site. A garage suite has an
entrance separate from the vehicle entrance to the detached garage, either from a
common indoor landing or directly from the exterior of the structure. This use class does
not include secondary suites or garden suites.
DWELLING, GARDEN SUITE means an accessory dwelling located to the rear of a single
detached dwelling. A garden suite is accessory to a building in which the principal
use is single detached housing. A garden suite has cooking facilities, food preparation,
sleeping and sanitary facilities which are separate from those of the principal dwelling
located on the site. This use class does not include secondary suites or garage suites.
DWELLING, SECONDARY SUITE means development consisting of a dwelling located
within, and accessory to, a structure in which the principal use is single detached
dwelling. A secondary suite has cooking facilities, food preparation, sleeping and
sanitary facilities which are physically separate from those of the principal dwelling
within the structure. For the purpose of this clause, "cooking facilities" includes any
stove, oven, or hotplate as well as any wiring or piping containing the energy or power
source for such facilities. A secondary suite also has an entrance separate from the
entrance to the principal dwelling, either from a common indoor landing or directly
from the side or rear of the structure. This includes the development or conversion of
basement space or above grade space to a separate dwelling, or the addition of new
floor space for a secondary suite to an existing single detached dwelling. Secondary
Figure 3: Dwelling, Attached
Figure 4: Dwelling, Duplex
Town of Three Hills Land Use Bylaw
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suites shall meet the standards of the National Building
Code - 2019 Alberta Edition. This use class does not
include
duplex
dwelling,
attached
dwelling
or
apartment dwelling, where the structure was initially
designed for two (2) or more dwelling units. This use
class does not include garage suites or garden suites.
DWELLING, SEMI-DETACHED means a building that is
divided vertically into two (2) dwelling units side by side
and separated from each other by a common wall
extending from foundation to roof, having separate
entrances, and not attached to any other residential
building.
DWELLING, SINGLE DETACHED means a detached
building containing only one (1) dwelling unit, designed
exclusively for occupancy by one (1) household. This
use includes modular homes that conform to the
National Building Code - 2019 Alberta Edition but does
not include manufactured homes.
EASEMENT means a right given to another person or
entity to trespass upon land that person or entity does
not own. Easements are used for roads, for example,
or given to utility companies for the right to bury cables
or access utility lines (other examples, right-of-passage by pedestrians or vehicles, right
to park vehicles, right of drainage, right to project eaves and guttering over a property
boundary, etc.), or to prevent it from being used for certain purposes. An easement
must be registered on the certificate of title of both parcels of land that are involved
in the agreement. Landlocked homeowners sometimes pay for an easement to cross
the land of another to reach their home. Easements run with the land.
ENCROACHMENT AGREEMENT means an agreement executed by the owner of a
parcel of land that permits the encroachment of an improvement made on an
adjoining parcel of land. Encroachment agreements run with the land to the same
extent as if it was an easement.
ENFORCEMENT OFFICER refers to a Bylaw Enforcement Officer appointed by the Town
pursuant to the MGA to enforce Town Bylaws, a member of the Royal Canadian
Mounted Police or, when authorized, a Community Enforcement appointed under the
Peace Officer Act, SA 2006, c. P-3.5, as amended.
EQUIPMENT RENTALS means development used for the rental of tools, appliances,
recreation craft, office machines, furniture, light construction equipment, or similar
items. This use class does not include the rental of motor vehicles or industrial
equipment.
EXISTING means existing as of the date of adoption of this Bylaw and any amendments
thereto, as the context may require.
EXTENDED MEDICAL TREATMENT SERVICE means the provision of room, board, and
Figure 6: Dwelling, Single Detached
Figure 5: Dwelling, Semi-Detached
Town of Three Hills Land Use Bylaw 20
surgical or other medical treatment for the sick, injured, or infirm, including outpatient
services and accessory staff residences. Typical uses include hospitals, nursing homes,
convalescent homes, and auxiliary hospitals.
EXTENSIVE AGRICULTURE means systems of tillage and animal husbandry through which
one may gain livelihood from large areas of land by the raising of crops or the rearing
of livestock either separately or in conjunction with one another in unified operations.
It includes buildings and other structures incidental to the operation, but does not
include a feedlot, intensified hog operation, poultry farms or medical marijuana
facilities.
FARMERS/FLEA MARKET means a development used for the sale of new or used goods
and food products by multiple vendors renting tables and space either in or out of an
enclosed building. Vendors may vary from day to day, although the general layout of
space to be rented remains the same. Such operations are usually of a seasonal
nature.
FENCE means a vertical physical barrier constructed to prevent visual intrusion, sound
abatement, or unauthorized access to a parcel.
FINANCIAL INSTITUTION means a bank, brokerage company, treasury branch, trust
company, credit union, finance company or similar institution.
FINISHED GRADE means the elevation of the ground upon placement of soil and sod
above the unfinished grade, or as may be identified on plot plans.
FITNESS FACILITY means the use of premises for the development, on a one-to-one
basis or in group or individual sessions, of physical fitness, including but not limited to
gymnasia; racquet courts; yoga, pilates and dance studios; martial arts and self-
defence training facilities.
FLANKING FRONT YARD means the side of a corner, double fronting lot that is parallel
to the longest of the two (2) property lines front a public roadway.
FLOOR AREA means the numerical value of the floor area of the building or structure
relative to the site upon which it is located, excluding:
2.86.1.
basement areas;
2.86.2.
parking areas below grade;
2.86.3.
an attached garage;
2.86.4.
sheds;
2.86.5.
carports;
2.86.6.
open porches;
2.86.7.
walkways required by the Development Authority; and
2.86.8.
floor areas devoted exclusively to mechanical or electrical equipment
servicing the development.
FREIGHT YARD means a development:
Town of Three Hills Land Use Bylaw
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2.87.1.
where goods are transported for pick-up or distribution, excluding motor
vehicles, equipment, or waste;
2.87.2.
where goods are not stored in a permanent building and are stored in a
trailer, shipping container, pole barn or other moveable non-permanent
building with a roof;
2.87.3.
where the goods may be stacked, piled, or otherwise stored outdoors;
2.87.4.
where no production or sale of any goods is carried out; and,
2.87.5.
that may include a building for administrative purposes.
FRONT LOT LINE means the property line separating a lot from an abutting public
roadway other than a lane. In the case of a corner lot, the front line is the shorter of
the property lines abutting a public roadway, other than a lane.
FRONT SETBACK means the distance that a development or a specified portion of it,
must be setback from a front lot line. A front setback is not a front yard, amenity space
or separation space.
FRONT YARD means the portion of a site
abutting the front lot line extending across the
full width of the site, situated between the
front lot line and the nearest wall of the
principal building, not including projections.
FUEL AND OIL AND CHEMICAL SALE AND
STORAGE means lands, buildings, or structures
where refined or crude oil, other petroleum
products, or liquid or solid chemicals, such as
fertilizer, are for sale and storage. This includes
the sale of fuel, lubricants, and other
automotive fluids, including key lock retail
sales, and the sales and storage of other
chemicals, such as fertilizer.
FUNERAL HOME means premises for the
preparation of the deceased for burial or
cremation and the holding of memorial
services, also includes the retail sales of associated products as secondary to the
principal function. This includes funeral homes and undertaking establishments.
GENERAL CONTRACTOR SERVICE means development used for the provision of building
construction, landscaping, concrete, electrical, excavation, drilling, heating,
plumbing, paving, road construction, sewer, or similar services of a construction nature
which require on-site storage space for materials, construction equipment, or vehicles
normally associated with the contractor service. Any sales, display, office, or technical
support service areas shall be accessory to the principal general contractor services
use only. This use class does not include professional, financial, and administrative
offices.
GEOTECHNICAL REPORT means a document signed and stamped by a professional
Figure 7: Front Yard
Town of Three Hills Land Use Bylaw 22
engineer certified in the Province of Alberta that characterizes site soil and
groundwater conditions through field investigation and laboratory testing and
provides design and construction recommendations for proposed development.
GOVERNMENT SERVICE means Town, Municipal District, Provincial, or Federal Services
provided directly to the public. This does not include protective and emergency
services, utility services, and public education services. Typical uses include town
offices, Municipal District, Provincial, and Federal offices, courthouses, or post offices.
GRADE means the elevation of the finished ground surface, not including any artificial
embankment, the elevation of an entrance to underground parking, stairways, or
window wells.
GREENHOUSE,
PLANT
NURSERY,
AND
MARKET
GARDEN
means
commercial
development for the growing, acclimating, propagating, harvesting, displaying, and
selling of fruits, vegetables, bedding, household, and ornamental plants directly to the
consumer, and may include accessory uses related to the storing, displaying, and
selling of gardening, nursery, and related products. The greenhouse, plant nursery, and
market garden use does not include a federally or provincially approved facility for
growing, packaging, storing, or selling marijuana.
GROSS FLOOR AREA means the total horizontal area of a building within the outside
surface of the exterior walls.
GROUP HOME means a building or portion of a building which is licensed, recognized,
authorized, or certified by a public authority to provide resident services for the care
or rehabilitation of no more than seven (7) children, adolescents, or adults exclusive of
staff. This use may include foster or boarding homes for children, halfway houses,
residential schools, and resident facilities.
GROUP HOME, LIMITED means a building or portion of a building which is licensed,
recognized, authorized, or certified by a public authority to provide resident services
in a private residence for the care or rehabilitation to six (6) or fewer children,
adolescents, or adults, exclusive of staff. This use may include foster or boarding homes
for children and family homes.
HEALTH SERVICE means development used for the provision of physical and mental
health services on an out-patient basis. Services may be of a preventive, diagnostic,
treatment, therapeutic, rehabilitative, or counselling nature. Typical uses include
medical and dental offices, health clinics, and counselling services.
HEIGHT means the vertical distance measured from the average grade immediately
adjacent to the subject building to the highest point of the building, exclusive of any
accessory roof construction such as a mechanical housing, an elevator housing, a
ventilating fan, a skylight, a smokestack, a flagpole, a fire wall, a parapet wall, a
chimney, a steeple, an antenna, or a similar device.
Town of Three Hills Land Use Bylaw
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HIGHWAY means any thoroughfare, Street, road, trail, avenue, Parkway, Driveway,
viaduct, lane, Alley, square, bridge, causeway, trestle way or other place or any part
of any of them, whether publicly or privately owned, that the public is ordinarily entitled
or permitted to use for the passage or Parking of Vehicles and includes:
2.103.1. a Sidewalk, including a Boulevard adjacent to the Sidewalk;
2.103.2. if a ditch lies adjacent to and parallel with the Highway, the ditch; and
2.103.3. if a Highway right of way is contained between fences or between a fence
and one side of the Highway, all the land between the fences, or all the land
between the fence and the edge of the Highway, as the case may be; but
2.103.4. does not include a place declared by regulation not to be a Highway.
HOME OCCUPATION means any occupation, trade, profession, or craft carried on by
an occupant of a residential building as a use secondary to the residential use of the
building.
HOME OCCUPATION - CLASS 1 means a home occupation complying with Section
7.31.
HOME OCCUPATION - CLASS 2 means a home occupation complying with Section
7.31.
HOTEL means commercial development used for the provision of rooms or suites for
temporary sleeping accommodation provided to public and may be equipped with
individual kitchen facilities. Hotels may include other developments such as a
conference centre, restaurant, or drinking establishment, provided these other
developments are allowed in the district in which the hotel is located.
INFILL DEVELOPMENT means development in a mature or built up area of the town
occurring on vacant or underutilized lands, behind or between existing development
and which is comparable with the characteristics of surrounding development.
INDUSTRIAL, GENERAL MEANS THE FOLLOWING ACTIVITIES:
2.109.1.
the processing of raw or finished materials;
2.109.2. the manufacturing or assembling of goods, products, or equipment;
Figure 8: Height
Town of Three Hills Land Use Bylaw 24
2.109.3. development used for industrial service support and construction;
2.109.4. the cleaning, servicing, repairing, or testing of materials, goods, and
equipment normally associated with industrial or commercial businesses or
cleaning, servicing, and repair operations to goods and equipment
associated with personal or household use, where such operations have
impacts that would make them incompatible in non-industrial districts;
2.109.5. the distribution and sale of materials, goods, and equipment to institutions or
industrial and commercial businesses for their direct use or to general retail
stores or other sales use classes defined in this Bylaw for resale to individual
customers;
2.109.6. the storage or shipping of materials, goods, and equipment; or
2.109.7. the training of personnel in general industrial operations.
2.109.8. notwithstanding the above, it may include any indoor display, office,
technical or administrative support areas, or any sales operation accessory
to the industrial general uses.
INDUSTRIAL, HEAVY VEHICLE AND EQUIPMENT SALES AND SERVICES means a
development used for the sale, service and rental of new or used heavy vehicles,
machinery or mechanical equipment typically used in building, roadway, pipeline,
oilfield and mining construction, manufacturing, assembling and processing
operations. Types of vehicles could include but not be limited to heavy duty trucks,
dump trucks, vacuum and welding trucks, cargo and flatbed trailers, lifts, and trucks
with more than one axle, but does not include industrial heavy vehicle and equipment
salvage yard.
INTERIOR LOT means any lot other than a corner lot.
KENNEL means a premise where dogs and/or cats are bred, trained, or boarded
overnight for a period greater than 24 hours. This use class does not include pet care
services, animal hospitals and shelters, or veterinary services.
LAND USE DISTRICT means a specific group of listed use classes and development
regulations which regulate the use and development of land within specific
geographic areas of the town. The use classes and development regulations are
contained in Section 9 of this Bylaw, and may be subject to the regulations contained
in Sections 7 and 8 of this Bylaw, while the geographic areas to which they apply are
shown on the Land Use District Map, comprising Schedule A of this Bylaw.
LANDSCAPING means an area of land made attractive and desirable by the use of
any or all of the following: grass, trees, shrubs, groundcover, ornamental plantings,
fences, walls, and associated earthworks; however, it shall not include areas occupied
by garbage containers, storage, parking lots, or driveways.
LIBRARY AND CULTURAL FACILITY means development for the collection of literary,
artistic, musical, and similar reference materials in the form of books, manuscripts,
recordings, and films for public use; or a development for the collection, preservation,
and public exhibition of works or objects of historical, scientific, natural, or artistic value.
Typical uses include, but are not limited to, public libraries, museums, art galleries,
Town of Three Hills Land Use Bylaw
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botanical gardens, and archaeological and cultural exhibits.
LIGHT INDUSTRIAL means a development used for manufacturing and warehousing
where any actual or potential nuisance factor generated by the development is
contained within an enclosed building but excludes bulk oil and chemical storage and
chemical processing. The following activities may occur:
2.116.1. assembling, fabricating, manufacturing, or processing materials, semi-
finished goods, food, beverages, products or equipment;
2.116.2. cleaning, repairing, maintenance, servicing or testing of industrial or
commercial goods and equipment;
2.116.3. the service, refurbishment or repair of appliances, electronic equipment or
furniture that are used in the home;
2.116.4. the warehousing, shipping or distribution of goods including repacking and
wholesaling;
2.116.5. the analysis or testing of materials in a laboratory;
2.116.6. the creation or improvement of products or services by experimentation or
research; and
2.116.7. the crushing, dismantling, disassembly, processing or sorting of discarded
goods provided these are:
a. incidental to other processes as described in a to f above; or,
b. part of the process in assembling, fabrication or manufacturing goods, food,
beverages, products or equipment on the site;
c. but excludes any development where live animals are used in any aspect
of the operation.
LIQUOR STORE means a use where alcoholic beverages are sold, but not for
consumption on site, that has been licensed by the Alberta Gaming and Liquor
Commission.
LOADING SPACE means an on-site parking space reserved for temporary parking for
the purpose of loading or unloading goods and materials.
LONG-TERM CARE HOUSING means housing that
provides residents with high physical and cognitive
needs with access to full time professional nursing care
and personal support services, which is recognized,
authorized, licensed or certified by a public authority
as a social care facility.
LOT means
2.120.1. a quarter section;
2.120.2. 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
Figure 9: Lot
Town of Three Hills Land Use Bylaw 26
than by reference to a legal subdivision; or
2.120.3. a part of a parcel of land described in a certificate of title if the boundaries
or the part are described in a certificate of title by reference to a plan of
subdivision.
MANUFACTURING, LARGE SCALE means a use that is engaged in manufacturing,
assembly, fabrication, packaging, or other industrial processing of products, primarily
from extracted or raw materials or the bulk storage and handling of such products and
materials, or an industrial establishment having potential to produce noise, dust, glare,
odors, or vibration beyond its property line. This term includes but is not limited to:
2.121.1. processing and packaging of alcoholic beverages;
2.121.2. chemical manufacturing;
2.121.3. stonework or concrete product manufacturing;
2.121.4. fabrication of metal products;
2.121.5. manufacturing of agricultural, construction, or mining machinery;
2.121.6. motor vehicle manufacturing;
2.121.7. lumber milling; or
2.121.8. permanent concrete/batch plant.
Manufacturing, large scale use does not include medical marijuana facilities.
MANUFACTURING, SMALL SCALE means small scale, on-site production of goods by
hand manufacturing, primarily involving the use of hand tools including, but not limited
to woodworking, wool processing, and small-scale welding. Manufacturing, small
scale use does not include medical marijuana facilities.
MANUFACTURED HOME means a residential building containing one (1) dwelling unit
built in a factory in one (1) or more sections, suitable for long term occupancy
designed to be transported on either its own wheels and chassis or other means to a
suitable site. Manufactured homes shall comply with CSA Z240 MH Standards, as
amended. Manufactured home does not include modular home, or park model
trailers.
MANUFACTURED HOME PARK means a parcel comprehensively designed and
developed to provide lots and facilities for sale for the placement and occupancy of
manufactured homes on a long-term basis.
MANUFACTURED HOME SUBDIVISION means a development in which manufactured
homes are each located on separately registered parcels of land.
MEDICAL AND HEALTH SERVICES CLINIC means a building where a professional health
practitioner(s), including but not limited to doctors, dentists, optometrists,
acupuncturists, naturopaths, chiropractors, physiotherapists and counselors, excluding
veterinarians, provide diagnosis and treatment to the general public without overnight
accommodations. Medical and health offices include such uses as x-ray and other
diagnostic services as well as minor operating rooms and uses accessory to the
provision of medical and health services.
Town of Three Hills Land Use Bylaw
27
MEDICAL MARIJUANA means a substance used for medical purposes authorized by a
license issued under the federal government's Marijuana for Medical Purposes
Regulations or any subsequent legislation which may be enacted in substitution.
MEDICAL MARIJUANA FACILITY means any building in which an activity authorized by
a license issued under the Federal Government's Marijuana for Medical Purposes
Regulations, 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 marijuana. This does not include the retail sale of marijuana
for recreational purposes.
MGA refers to the Municipal Government Act, RSA 2000, Chapter M-26 as amended.
MICROBREWERY means a limited-production brewery, typically producing specialty
beers and often selling its products only locally.
MINI-STORAGE means a building or storage facility intended to provide indoor storage
of small-scale personal items where a customer is charged a rental fee on a monthly
or annual basis. This use class does not include any outdoor storage.
MIXED USE BUILDING means the development of a building or structure with a variety
of complementary and integrated uses, including, but not limited to, residential, office,
manufacturing, retail, public, or entertainment in a compact urban form.
MODULAR HOME means a prefabricated or facility-built frame or shell which comprises
the walls or siding of a proposed dwelling. More specifically, a modular unit represents
only a section of the dwelling and such a unit has neither chassis, running gear, nor its
own wheels, but units may be stacked side-by-side or vertically, and is completed on
a site and permanently installed on a foundation to form a complete dwelling unit for
year-round occupancy that conforms to the National Building Code - 2019 Alberta
Edition and the CSA A277 Standards, as amended. A modular home shall be
considered a single detached dwelling providing it meets all of the architectural and
provincial construction requirements of a single detached dwelling as outlined in this
Bylaw. Modular home does not include a manufactured home.
MOTEL means a commercial development designed and operated to provide
temporary accommodation for the public and contains separate sleeping units
having separate exterior access. Each sleeping unit is provided with an adjacently
located parking stall.
MUNICIPAL DEVELOPMENT PLAN means a plan adopted by the Council pursuant to the
MGA, as amended from time to time, which guides future planning decisions to ensure
appropriate growth and development in the Town.
MUNICIPAL PLANNING COMMISSION means members of Council and Public at Large
appointed by Council to the Municipal Planning Commission of the Town.
MUNICIPAL SHOP AND STORAGE YARD means the facility used by a Town for the
storage of materials used in fulfilling its various functions and the housing and repair of
its equipment.
Town of Three Hills Land Use Bylaw 28
NATURAL RESOURCE EXTRACTION means development for the on-site removal,
extraction, and primary processing of raw materials found on or under the site, or
accessible from the site. Typical uses in this use class include gravel pits, sandpits, clay
pits, oil and gas wells, coal mining, and stripping of topsoil. This use class does not
include the processing of raw materials transported to the site.
OUTSIDE SALE AND STORAGE means land that is used for the sale and storage of
products, goods, or equipment in an area that is open or exposed to the natural
elements; and where such storage of products, goods, or equipment is accessory to
the principal use of the site.
OWNER MEANS:
2.140.1. in respect to unpatented land, the Crown;
2.140.2. in respect to other land, the person who is registered under the Land Titles Act
as the owner of the fee simple estate in the lands; or
2.140.3. in respect of any property other than land, the person in lawful possession of
it.
PARCEL means the aggregate of the one (1) 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.
PARK MODEL TRAILER means a recreational unit that meets the following criteria:
2.142.1. it is built on a single chassis mounted on wheels;
2.142.2. it is designed to facilitate relocation from time to time;
2.142.3. it is designed as living quarters for seasonal camping and may be connected
to those utilities necessary for operation of installed fixtures and appliances;
2.142.4. it has a gross floor area, including lofts, not exceeding 50 m2 (538 ft2) when
in the set-up mode, and has a width greater than 2.6 m (8.5 ft) in the transit
mode; and
2.142.5. it conforms to CAN/CSA-Z241 series standards.
Under the National Building Code - 2019 Alberta Edition, park model trailers do not meet
the criteria for use as a residential dwelling. Park model trailer does not include
manufactured homes or recreation vehicles.
PERMANENT FOUNDATION MEANS:
2.143.1. a foundation meeting CSA Z240.10.1 standard;
2.143.2. an engineer approved wood foundation;
2.143.3. a poured concrete foundation; or
2.143.4. a concrete block foundation.
PERMITTED USE means a use of land or building which is compatible with other uses in
the district, where an application has been made for which a development permit
shall be issued, with or without conditions, so that it otherwise conforms with this Bylaw.
Town of Three Hills Land Use Bylaw
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PERSONAL SERVICE means the provision of a service to individuals on a commercial
basis which is related to the care and appearance of the body, or the cleaning and
repair of personal effects. This use includes barber shops, beauty salons, massage
therapists, dressmakers, spa or wellness centres, dry cleaners, denture clinics,
hairdressers, laundromat, shoe repair shops, and tailors. It does not include drinking
establishments or dating services.
PET CARE SERVICE MEANS
2.146.1. where small animals are washed, groomed, trained;
2.146.2. where the animals shall not be boarded overnight; and
2.146.3. that may involve the incidental sale of products relating to the services
provided by the use.
PORTABLE GARAGE means a non-permanent prefabricated structure usually
constructed with a metal, wood or plastic frame and covered by tarpaulin or similar
type of fabric or plastic cover used for the storage of automobiles.
PRINCIPAL BUILDING means a building, in which is conducted the main or principal use
of the site on which it is erected.
PRINCIPAL USE means the use of a lot or of a building which constitutes the primary
purpose for which the lot or building is used.
PROJECTION means a building feature that is mounted on, and/or extends from, the
surface of an exterior building wall or façade, typically above finished grade. Examples
of architectural projections include balconies, bay windows, or cantilevered wall
sections, but do not include eaves or chimneys.
PROFESSIONAL AND ADMINISTRATIVE OFFICE means development primarily used for
the provision of professional, management, administrative, and consulting services.
Typical uses include the offices of lawyers, accountants, engineers, and architects;
offices for real estate and insurance firms; clerical, secretarial, employment, telephone
answering, and similar office support services.
PROVINCIAL HEALTH CARE FACILITY means an approved hospital as defined in the
Hospitals Act, RSA 2000, C. H-12, see also Hospital.
PUBLIC EDUCATION SERVICE means development involving public assembly for
educational, training, or instruction purposes, and includes the administration offices
required for the provision of such services on the same site. This use class includes
public and separate schools, community colleges, universities, and technical and
vocational schools, and their administrative offices. This use class does not include
private education services and commercial schools.
PUBLIC OR QUASI-PUBLIC USE means use of land, building, works, equipment system or
service owned, operated, or enfranchised by the Town, Province of Alberta, or
Government of Canada, for the purpose of furnishing services or commodities to or for
the use of the inhabitants of the Town.
PUBLIC PARK MEANS development of public land specifically designed or reserved for
Town of Three Hills Land Use Bylaw 30
the general public for active or passive recreational use and includes all natural and
man-made landscaping, facilities, playing fields, buildings and other structures that are
consistent with the general purposes of public parkland, whether or not such
recreational facilities are publicly operated or operated by other organizations
pursuant to arrangements with the public authority owning the park. Typical uses
include landscaped parks, tot lots, band shells, picnic grounds, pedestrian trails and
paths, landscaped buffers, playgrounds, and water features.
PUBLIC UTILITY means a system or works used to provide one (1) or more of the following
public consumption, benefit, convenience or use and includes the thing that is
provided for public consumption, benefit, convenience, or use:
2.156.1. water;
2.156.2. sewage disposal;
2.156.3. public transportation operated by or on behalf of the Town;
2.156.4. drainage;
2.156.5. fuel;
2.156.6. electrical power;
2.156.7. heat;
2.156.8. waste management;
2.156.9. telecommunications; or
2.156.10. natural gas.
PUBLIC UTILITY BUILDING means any utility, building, works, installations, or facilities
owned or operated by or for the Town, the Provincial Government, the Federal
Government, or a Crown corporation for the purpose of furnishing services or
commodities to or for the use of the inhabitants of the Town, but may or may not
contain an office.
PUBLIC UTILITY LOT means a lot owned by the town and designed to accommodate
one or more public utilities.
RADIO ANTENNA means a device and its support structures designed to receive and
transmit radio waves for limited commercial uses and non-commercial uses such as
commercial fleet services and amateur radio operators. This definition does not
include satellite dish antenna. Examples include radio antennas used for commercial
fleet dispatch and ham (or hobby) radio antennas.
READY TO MOVE HOME means a timber-built home built and shipped as one (1)
complete unit using the same, or stronger material than a traditional dwelling. It is fully
constructed and finished off-site and is delivered as one complete unit to the
development site and is affixed to a permanent foundation.
REAR LOT LINE means either the property line of a lot which is furthest from and opposite
the front lot line or, where there is no such property line, the point of intersection of any
property lines other than a front lot line which is furthest from and opposite the front lot
line.
Town of Three Hills Land Use Bylaw
31
REAR SETBACK means the distance that a development or a specified portion of it must
be set back from a rear lot line. A rear setback is not a rear yard, amenity space, or
separation space.
REAR YARD means the portion of a site abutting the rear lot line extending across the
full width of the site, situated between the rear lot line and the nearest wall of the
principal building, not including projections.
RECREATIONAL VEHICLE means a vehicle, or a portable structure designed to be
carried on a vehicle providing temporary sleeping accommodation for travel and
recreation purposes. Recreational vehicles include but are not limited to motor
homes, campers, and holiday trailers. Recreational vehicles do not include
manufactured homes and park model trailers.
REGIONAL SDAB means the Regional Intermunicipal Subdivision and Development
Appeal Board responsible for adjudicating appeals related to subdivision and
development applications for various municipalities which are parties to the
Agreement to Establish the Regional Intermunicipal Subdivision and Development
Board Services.
RELIGIOUS ASSEMBLY means a development used by a religious organization for
worship and related religious, philanthropic, or social activities and includes accessory
rectories, manses, meeting rooms, classrooms, dormitories, and other buildings. Typical
uses include churches, chapels, mosques, temples, synagogues, parish halls, convents,
and monasteries.
RELOCATED BUILDING means an existing building that is delivered from another
location to a development site as one complete unit and may or may not be affixed
to a permanent foundation.
RESTAURANT means development where the primary purpose of the facility is the sale
of prepared foods and beverages to the public, for consumption within the premises
or off the site. This use class typically has a varied menu, with a fully equipped kitchen
and preparation area, and includes fast food and family restaurants and may include
drive in facilities. A restaurant does not include a drinking establishment but may
Figure 11: Rear Lot Line
Figure10: Rear Setback
Figure 12: Rear Yard
Town of Three Hills Land Use Bylaw 32
include premises for which a Class A liquor license has been issued and minors are not
prohibited by terms of the license.
RETAIL STORE means premises where goods, wares, merchandise, substances, articles,
or things are stored, offered, or kept for sale at retail to the general public and includes
storage on or about the store premises of limited quantities of such goods, wares,
merchandise, substances, articles, or things, sufficient only to service such a store.
REVERSED CORNER LOT means a residential lot where the front façade of the dwelling
is oriented toward the flankage side of the lot, rather than the frontage side of the lot.
SAFETY CODES OFFICER means an individual designated as a safety codes officer
under Section 27 of the Safety Codes Act, and any amendments thereto.
SATELLITE DISH ANTENNA MEANS:
2.172.1. a combination of an antenna or dish antenna, the purpose of which is to
receive signals from orbiting satellites;
2.172.2. a low noise amplifier (LNA) situated at the focal point of the receiving
component, the purpose of which is to magnify and transfer signals;
2.172.3. a cable, the purpose of which is to transmit signals; and
2.172.4. other associated components.
SCHOOL, COMMERCIAL means a commercial development used for training and
instruction in a trade, skill or service but does not include elementary, secondary, or
post-secondary schools. Typical uses include trade, secretarial, business, hairdressing,
driver training, dancing, music, or academic tutoring schools.
SCHOOL, ELEMENTARY OR SECONDARY means a publicly or privately supported or
subsidized development used for elementary or secondary education, or both, and
includes its administrative offices on the same site. Elementary and secondary schools
do not include post-secondary schools or commercial schools.
SCHOOL, POST SECONDARY means a public or private school offering education or
instruction to individuals beyond a secondary school and includes its administrative
offices on the same site. Post-secondary schools include colleges and universities, but
do not include commercial schools.
SEED CLEANING PLANT means a building for the storage and preparation of seed used
in agriculture.
SERVICE STATION means developments used for the servicing, washing, and repairing
of vehicles, and the sale of gasoline, other petroleum products, and a limited range of
vehicle parts and accessories.
SETBACK means a distance requirement on a parcel.
Town of Three Hills Land Use Bylaw
33
SIDE LOT LINE means the property line of a lot other than a front-lot line or rear lot line.
SIDE YARD means that portion of a site abutting a side lot line extending from the front
yard to the rear yard. The side yard is situated between the side lot line and the nearest
wall of the principal building, not including projections.
SIMILAR USE means a specific use of land or of a building that is not expressly
mentioned in this Bylaw but which the Municipal Planning Commission has determined
to be similar in character and purpose to a listed permitted or discretionary use in the
district in which such use is proposed.
SITE COVERAGE means the ratio of all principal and accessory buildings or structures
(including verandas, porches, enclosed or covered decks) on a site to the total lot
area.
SOLAR ENERGY DEVICE means a non-reflective accessory structure attached to a
building, used to collect sunlight that is part of a system used to convert radiant energy
from the sun into thermal or electrical energy.
SPECIALTY FOOD SERVICE means development where limited types of prepared foods
and beverages, excluding alcoholic beverages, are offered for sale to the public, for
consumption within the premises or off the site. This use class typically relies primarily
on walk-in clientele, and includes coffee, donut, bagel or sandwich shops, ice cream
parlours, bakeries, and dessert shops.
STATUTORY
PLAN
means
an
Inter-municipal
Development
Plan,
Municipal
Development Plan, Area Structure Plan, or an Area Redevelopment Plan adopted by
a bylaw of the Town, or any one (1) or more of them.
Figure 14: Side Yard
Figure 13: Side Lot Line
Town of Three Hills Land Use Bylaw 34
STOREY means the portion of the building which is situated
between the top of any floor and the ceiling above it. If
the top of the floor directly above a basement is more than
1.83 m (6.05 ft) above grade, such basement shall be
considered a storey for the purpose of this Bylaw.
STRUCTURAL ALTERATIONS means altering the main building
components which support a building.
SUBDIVISION means the division of a parcel of land into one
(1) or smaller parcels by a plan of subdivision or another
instrument.
SUPPORTIVE HOUSING means housing of a multiple dwelling
and/or sleeping unit form intended for permanent
residential living that allows residents who have some need
for support services to maintain their social and functional
independence while having access to common health or
recreational support services, including the provision of at
least one meal per day, and/or housekeeping services. This
use shall be recognized, authorized, licensed, or certified
by the public authority under the Alberta Supportive Living
Accommodation Licensing Act, but does not include a
detention or correction facility. Typical uses include seniors
assisted living.
TAXI SERVICE means the offering of transportation with a
motor vehicle of at least one (1) passenger, and their
baggage, in return for a fee from any place within the Town
to a destination either within or outside the Town.
TELECOMMUNICATIONS TOWER means any tower used to
provide a broad range of communication services through
the transmitting, receiving, or relaying of voice and data
signals such as radio, cellular, broadcast, Personal
Communication Services (PCS) and wireless data. For the
purposes of this Bylaw, this excludes Radio Antenna. Examples include cell phone
towers and wireless internet towers. See also Communications Tower.
TEMPORARY BUILDING means a commercial or industrial building without a permanent
foundation or footing, and which is removed when the development permit for such
building has expired or until occupancy is granted. A temporary building may include
soft-sided or fabric covered structures.
TEMPORARY STORAGE means development used exclusively for temporary outdoor
storage of goods and materials where such storage of goods and materials does not
involve the erection of permanent structures or the material alteration of the existing
state of the land for a period up to one (1) year. Typical uses include pipe yards, or
vehicle or heavy equipment storage compounds.
TOWN means the Town of Three Hills.
Figure 15: Storey
Town of Three Hills Land Use Bylaw
35
TRAILER means a long platform or box with wheels that is pulled behind a truck or car
and used to transport things. This includes, but is not limited to, cargo trailers, utility
trailers, stock trailers, and flatbed trailers. This does not include recreational vehicles.
UNFINISHED GRADE means the elevation of ground existing at completion of grading,
but prior to the placement of soil and sod.
USE means the purpose or activity for which a piece of land or its buildings are
designed, arranged, developed, or intended, or for which it is occupied or
maintained.
UTILITY RIGHT OF WAY means an interest in land which is commonly granted where
there is a need for a continuous right of way under many parcels of land (for example,
gas and oil pipelines and municipal utilities). A utility right of way is registered only
against the land which is subject to the rights granted and once it is registered, the
right to use the land in accordance with the terms of the grant remains with the
grantee (for example, the Crown or a corporation) and its successors or assigns until a
release is registered.
VETERINARY SERVICE means development used for the care and treatment of small
animals where the veterinary services primarily involve outpatient care and minor
medical procedures involving care for fewer than four (4) days. All animals shall be
kept within an enclosed building. This use class includes pet clinics, small animal
veterinary clinics, and veterinary offices. This use class does not include animal hospitals
and shelters.
VIOLATION TICKET means a violation ticket as defined in the Provincial Offences
Procedures Act Chapter P-21.5 with amendments.
WAREHOUSE means a commercial development for
the indoor storage and or sale of equipment, goods,
motor vehicles, recreation vehicles, materials, or
products.
YARD means an open space on the same parcel of
land as a building and which is unoccupied and
unobstructed from the ground upward except as
otherwise provide by this Bylaw. A yard is not a
setback, or separation space. See also front yard, rear
yard, and side yard.
All other words and expressions have the meaning respectively assigned to them in Part 17 of the
MGA, Development Regulation, National Building Code - 2019 Alberta Edition, and CSA
Standards.
Figure 16: Yard
Town of Three Hills Land Use Bylaw 36
ESTABLISHMENT OF AUTHORITIES AND
DUTIES
DEVELOPMENT OFFICER
Council hereby establishes the Office of the Development Officer to act as the
development authority, on those matters delegated to it by this Bylaw.
The Development Officer shall be considered a development authority of the
Town pursuant to the Development Authority Bylaw.
The Development Officer shall perform such duties that are specified in this
Bylaw, including but not limited to the:
keeping and maintaining for the inspection of the public during all
reasonable hours, a copy of this Bylaw; and
keeping a register of all applications for development, including the decisions
thereon and the reasons, therefore.
MUNICIPAL PLANNING COMMISSION
Council hereby establishes the Office of the Municipal Planning Commission to
act as development authority and subdivision authority in matters prescribed in
this Bylaw.
The Municipal Planning Commission shall be considered a development
authority of the Town pursuant to the Development Authority Bylaw.
The Municipal Planning Commission shall hold meetings and undertake such
actions as are necessary to fulfill the powers and duties as set out in Section 3 of
this Bylaw.
The Municipal Planning Commission has the following functions and duties:
upon the request of Council, to advise Council with respect to achieving the
orderly, economical, and beneficial development, use of land, and patterns
of settlement in the town; and
to serve as Development and Subdivision Authority pursuant to Part 17 of the
MGA, and pursuant to the town's current Development Authority Bylaw and
Municipal Planning Commission Bylaw, and this Bylaw.
REGIONAL INTERMUNICIPAL SUBDIVISION AND DEVELOPMENT
APPEAL BOARD (REGIONAL SDAB)
The Regional SDAB shall perform such duties as are specified in the MGA and
the Regional Intermunicipal Subdivision and Development Appeal Board Bylaw,
Town of Three Hills Land Use Bylaw
37
as amended (Regional SDAB Bylaw).
The Regional SDAB shall hold hearings and undertake such actions as are
necessary to fulfill the powers and duties as set out in the Regional SDAB Bylaw
but specifically shall hear and decide upon appeals related to the following:
A decision made by the Subdivision Authority or the failure or refusal by it to
issue a decision in accordance with the MGA and this Bylaw.
A decision or order made by the Development Authority or the failure or
refusal by it to issue a decision in accordance with the MGA and this Bylaw.
The Regional SDAB is authorized to exercise the functions of the Subdivision
and Development Appeal Board on behalf of the Town in accordance with
the MGA and the Regional SDAB Bylaw.
The Regional SDAB is authorized to exercise the functions of the
Development Authority on behalf of the Town in accordance with the MGA
and the Regional SDAB Bylaw.
VARIANCE AUTHORITY
An applicant must submit to the Development Officer a completed
development permit application describing how the provisions of this Bylaw are
to be varied.
The Development Officer may only vary the front, flankage, side or rear yard
setback, height, and site coverage requirements by up to 40%, if it is believed
that the development would not:
a. unduly interfere with the amenities of the neighbourhood; or,
b. materially interfere with or affect the use, enjoyment, or value of
neighbouring properties; and,
c. the development conforms with the use prescribed for that land or building
in this Bylaw.
In exercising discretion under section 3.4.2, the Development Officer shall
consider the general purpose and intent of the appropriate land use district and
the following:
except as otherwise provided in this Bylaw, there shall be no variance from
the regulations prescribing floor area;
a variance from the provisions in this Bylaw shall not be granted when the
variance will knowingly cause a structure or use to not comply with federal,
provincial, or other municipal regulations, including Safety Codes Act, RSA
2000, c.S-1.
The Municipal Planning Commission, at its discretion, may grant a variance to
relax the front, side, or rear yard setbacks, site coverage, floor area, or building
height in any land use district beyond the requirements outlined in this Bylaw up
to 50%.
In approving an application for a development pursuant to Sections 3.4.1 and
Town of Three Hills Land Use Bylaw 38
The Development Officer, Municipal Planning Commission or Regional SDAB
shall adhere to the following:
a. a variance shall be considered only where warranted by the merits of the
proposed development and in response to irregular lot lines, parcel shapes,
or site characteristics which create difficulties in siting structures within the
required setbacks or in meeting the usual bylaw requirements;
b. except as otherwise provided in this Bylaw, there shall be no variance from
maximum density regulations; and
c. where the issuance of a development permit involves the exercise of any
specified discretion of the Municipal Planning Commission to relax a
regulation of a district or any other regulation of this Bylaw, the Municipal
Planning Commission shall not permit any additional variance from that
regulation.
The Municipal Planning Commission may approve, with or without conditions,
an enlargement, alteration, or addition to a legal non-conforming building if the
non-conforming building complies with the uses prescribed for that land in this
Bylaw and the proposed development would not, in the opinion of the
Municipal Planning Commission:
unduly interfere with the amenities of the neighbourhood;
materially interfere with or affect the use, enjoyment, or value of
neighbouring properties; or
the alteration to the non-conforming building is within the 50%
variance power given to the Municipal Planning Commission through
Section 3.4 VARIANCE AUTHORITY.
When a development permit has been granted for a variance request, the
Development Officer shall:
a. send the Notice of Decision by ordinary mail to the applicant;
b. publish the Notice of Decision in a newspaper circulating in the Town stating
the legal description and the civic address of the lot of the development and
identifying the use which has been approved for such lot; and/or
c. send the Notice of Decision for discretionary uses by ordinary mail to
adjacent landowners, authorities, agencies, or persons it deems necessary;
and/or
d. post the notice of the decision conspicuously on the property for which the
application has been made stating the legal description and the civic
address and identifying the use which has been approved for such lot.
In the case of an application for a variance request, the Municipal Planning
Commission has the discretion of refusing the variance. The applicant may
appeal in writing as provided for in Section 5 of this Bylaw.
Town of Three Hills Land Use Bylaw
39
ESTABLISHMENT OF FORMS
For the purpose of administering this Bylaw, the Development Officer shall
specify and prepare such forms and notices as may be deemed necessary and
expedient.
Any such forms or notices are deemed to have the full force and effect of this
Bylaw in the execution of the purpose for which they were designed, authorized,
and issued.
Town of Three Hills Land Use Bylaw 40
DEVELOPMENT APPLICATION PROCESS
AND DECISION
PURPOSE OF DEVELOPMENT PERMITS
Except as otherwise provided in this Bylaw, no person shall undertake any
development unless:
a. the person has been issued a development permit in accordance with this
Bylaw and the MGA; and
b. the development permit is commenced, carried out, and completed in
accordance with the terms and conditions of the development permit issued
in respect of the development.
Nothing in this Bylaw affects the duty or obligation of a person:
a. to obtain a building permit when the National Building Code - 2019 Alberta
Edition, so requires, in addition to a development permit where required by
this Bylaw; and
b. to obtain any other permit, license, or other authorization required by a
bylaw, act, or any regulation pursuant to those acts.
Any development permit application adjacent to a provincial highway shall
require the approval of Alberta Transportation and the applicant shall be
responsible to obtain any applicable permits.
Development sites must be kept tidy and clear of all debris and garbage.
Development sites must not be used as storage areas for vehicles or other
materials not related to construction.
Where this Bylaw is silent on anything that may be deemed engineering design
and construction standards the Town's Engineering Design and Construction
Standards shall take precedence.
DEVELOPMENT PERMIT NOT REQUIRED
Unless otherwise provided, development permits are not required prior to
commencement of the following developments, but the development shall
otherwise comply with the provisions of this Bylaw and must be carried out in
accordance with all other applicable legislation, regulations, and bylaws:
a. the improvement, maintenance, or renovation to any building or structure,
provided that, such works do not include structural alterations, additions, life
safety alterations, changes of use, or intensity of the use of any building;
b. the completion of any development which has lawfully commenced before
the passage of this Bylaw or any amendment thereto, provided that the
development is completed in accordance with the terms of any permit
Town of Three Hills Land Use Bylaw
41
granted in respect of it, and provided that it is completed within twelve (12)
months of the date of commencement;
c. the use of any such development as is referred to in Section 4.2.1.i. for the
purpose for which development was commenced;
d. other than on corner lots abutting on a highway used by vehicular traffic, the
erection, the construction or the maintenance of a fence or gate less than
1.0 m (3.0 ft) from grade in height in front yards and less than 1.8 m (6.0 ft)
from grade in side and rear yards, provided that there is no contravention of
this or any other bylaw of the Town;
e. the maintenance or repair of public works, services, or utilities carried out by
or on behalf of Federal, Provincial, or Municipal public authorities on land
which is publicly owned or controlled or districted for such use;
f. the use of a building or part thereof as a temporary polling station for a
Federal, Provincial, or Municipal election, referendum, or plebiscite;
g. the construction, maintenance, and repair of private walkways, private
pathways, private driveways, and similar works on private property;
h. The installation or construction of two (2) accessory buildings used as a
garden or tool shed on a residential parcel, having a floor area of less than
9.29 m2 (100 ft2) and a maximum height of 3.6 m (11.8 ft) provided that such
development conforms with all other provisions of this Bylaw ;
i. the erection of a satellite dish antennae with a dish diameter of less than 1.0
m (3.0 ft) in diameter which:
j. is attached to a dwelling, other than an apartment, on a principal or
accessory building;
k. displays no advertising other than the manufacturer's name or logo; and
l. is the only satellite dish antennae on a dwelling unit.
m. a site construction trailer/building until occupancy is granted, the sole
purpose of which is incidental to the carrying out of a development for which
a permit has been issued under this Bylaw;
n. a change of use in a district that is from one (1) permitted use to another
permitted use and where the intensity of the use of the structure is not
changed and such change of use does not include any structural alteration;
o. a deck, porch, or balcony structure which is less than 0.6 m (2.0 ft) above
grade in height, and that conforms to all requirements of this Bylaw;
p. a flag attached to a single upright flagpole;
q. a temporary use of a parcel not exceeding six (6) months for the sole purpose
of mobile commercial sales (e.g. fruit trucks, etc.), providing a business
license is obtained from the Town and the location of the business is to the
satisfaction of the Development Officer;
r. the use of a dwelling unit for a home-based business where a valid Home
Occupation Class - 1 or 2 permit has been issued;
Town of Three Hills Land Use Bylaw 42
s. developments exempted by the MGA;
t. emergency measures;
u. landscaping where the proposed grades will not adversely affect the subject
or adjacent properties;
v. the construction, maintenance, and repair of retaining walls less than 0.6 m
(2.0 ft) in height provided the wall does not encroach onto public land or into
a utility right-of-way;
w. the construction, maintenance, and repair of retaining walls greater than 0.6
m (2.0 ft) in height that meet the setback requirements for the principal
building on the site, provided the wall does not encroach onto public land or
onto a utility right-of-way;
x. basement finishing, excluding a secondary suite located in a basement;
y. the demolition of a building or structure where a development permit has
been issued for a new development on the same site, and the demolition of
the existing building or structure is explicit in that permit; and
z. exterior renovations to any building provided the proposed renovations do
not increase the area of the building and comply with all setback and height
requirements of the applicable land use district.
aa. the install of a hot tub and a private above ground pool.
NON-CONFORMING USES AND BUILDINGS
If a development permit has been issued on or before the day on which this
Bylaw or a land use amendment bylaw comes into force, and the Bylaw would
make the development in respect of which the permit was issued a non-
conforming use or non-conforming building, the development permit continues
in effect in spite of this Bylaw coming into force.
A non-conforming use of land or a building may be continued, but if it is
discontinued for a period of six (6) consecutive months or more, any future use
of the land or building must conform to this Bylaw.
A non-conforming building may continue to be used but the building may not
be enlarged, added to, rebuilt, or structurally altered except:
a. to make it a conforming building;
b. for routine maintenance of the building if the development authority
considers it necessary; or
c. in those instances, where the development authority deems a minor variance
to enlarge, add to, or structurally alter the building is warranted and
compatible with adjacent land uses.
A non-conforming use of part of a parcel may not be extended or transferred
in whole or in part to any other part of the parcel and no additional buildings
may be constructed on the parcel while the non-conforming use continues.
Town of Three Hills Land Use Bylaw
43
If a non-conforming building is damaged to the extent of more than 75% of the
value of the building above its foundation, the building may not be repaired or
rebuilt except in accordance with this Bylaw.
The land use or the use of a building is not affected by a change of ownership
or tenancy of the land or building.
COMPLIANCE CERTIFICATE
The Development Officer may issue a compliance certificate when, in his/her
opinion, the building(s) located on a site, and shown on the real property report,
is located on the site in accordance with the setback regulations of this Bylaw
and the setbacks specified in any development permit which may have been
issued for the site. The compliance certificate shall only cover those buildings
and structures, or parts thereof, shown on the real property report submitted by
the applicant.
DEVELOPMENT REFERRALS
The development authority shall refer applications to the authorities and
interested parties as outlined in the Subdivision and Development Regulation.
The development authority may refer for comment any matter or any
application for a development permit to any authority, agency, adjacent
landowner, or person it deems necessary to provide relevant comments or
advice respecting the application.
Having received a reply on a matter referenced in Section 4.5.2, the
development authority may consider those recommendations.
After a minimum twenty-one (21) days from the date of the development permit
application, the Municipal Planning Commission may deal with the application
even if no comments or recommendations have been received.
APPLICATION FOR A DEVELOPMENT PERMIT
An application for a development permit shall be made to the Development
Officer in writing on the form prescribed by the town, signed by the owner or
authorized agent, and shall be accompanied by:
a. all plans, professionally produced or comparable to professionally produced
at the discretion of the Development Officer, fully dimensioned, and
accurately drawn;
b. one digital and hard copy of site plans, drawn to scale, that show:
i.
legal description and municipal address of the parcel;
ii.
area and dimensions of the parcel to be developed including the
front, rear, and side yards if any;
Town of Three Hills Land Use Bylaw 44
iii.
location of access and egress points to the parcel;
iv.
loading and parking provisions;
v.
garbage and storage areas and the fencing and screening proposed
for same;
vi.
location of any registered utility rights-of-way or easements (including
plan number) within or abutting the property;
vii.
the treatment of landscaped areas, if required;
viii.
surface grading plan; and
ix.
the heights, dimensions, and relationship to property lines of all existing
and proposed buildings and structures, or other physical features on
the land to be developed.
one digital and one hard copy of building plans showing the following:
i.
scale and dimensions of exterior walls and interior rooms (including
cantilevers and projections and exterior finishing materials);
ii.
floor plan(s) of the building, including all living space;
iii.
building elevation plans which indicate front, rear, and side
elevations; wall height (finished grade to eaves); roofing material and
roof pitch; and
iv.
building cross-section drawings.
a statement of existing and proposed uses on the site, including information
on the current zoning (districting) of the site;
the estimated commencement and completion dates;
the estimated cost of the project or contract price;
a letter of authorization from the registered owner(s), when the applicant is
the agent acting on behalf of the registered owner(s);
a current copy of a Certificate of Title; and
preliminary drainage and servicing plan showing existing and proposed
deep and shallow utilities, lot drainage, existing and proposed lot grades of
the streets servicing the property, elevations of top of curb or sidewalk and
lot corners.
In addition to the information required in Section 4.6.1 the Development Officer
may require the following to make the application complete:
a real property report;
a landscaping plan;
noise evaluation and attenuation studies;
a lot lighting plan; and/or
photographs or other similar tools.
Where a proposed development may have a significant impact on the
Town of Three Hills Land Use Bylaw
45
transportation network, a traffic impact assessment/study prepared by a
qualified traffic engineer, shall address at a minimum, the following:
the traffic characteristics of the proposed development;
internal circulation and parking plan; and
the impact of the development and the access system on traffic operations
of abutting streets (background traffic).
The Development Officer may require additional copies of the application or of
plans and specifications, as well as such additional information for complete
circulation.
The Development Officer may refuse to accept an application for a
development permit where the information required by Sections 4.6.1, 4.6.2
and/or 4.6.3 has not been supplied or where the quality of the information
supplied is inadequate to properly evaluate the application.
Each application for a development permit shall be accompanied by a non-
refundable processing fee as determined by Council.
Notwithstanding the provisions in Section 4.6.1, the Development Officer may
waive the requirement to submit any of the material required to accompany a
development permit application if the information is not required to consider
and decide on the application.
Development that has commenced prior to obtaining development approval
by the Development Authority shall be subject to double the application fee
and may be issued a stop order. Persons affected by stop orders may appeal to
the Regional SDAB in accordance with the MGA.
The Development Officer shall:
receive all applications for a development permit;
consider and decide on applications for a development permit for those
uses, listed in Section 9, which constitute a permitted use in any district other
than a direct control district;
consider and decide on applications for a development permit for accessory
building uses listed in Section 9 other than a direct control district;
consider and decide on applications for all demolition permits;
consider and decide on applications for sign permits with the exception of
Free-Standing Signs
sign and issue all development permits, notices, and orders;
issue an order pursuant to the MGA;
refer with recommendations to the Municipal Planning Commission for its
consideration and decision, all applications for a development permit for
those uses which constitute discretionary uses in a land use district;
refer to the Municipal Planning Commission any application which in his/her
opinion should be decided by the Municipal Planning Commission;
Town of Three Hills Land Use Bylaw 46
refer any application to an adjacent municipality or any other agency or
person which in his/her opinion may provide relevant comments or advice
respecting the application;
circulate to the Municipal Planning Commission for their information, cases
where the Development Officer has rendered a decision; and
refer all applications for a development permit in a direct control district to
the Council.
When sufficient information on the proposed development have not been
included with the application for a development permit, the Development
Officer may return the application to the applicant for further details. The
application so returned shall be deemed not to have been in its complete and
final form.
The applicant for a use which is not listed in the district in which the building or
land is situated, may apply to Council for an amendment to this Bylaw.
CONDITIONS OF APPROVAL BY THE DEVELOPMENT OFFICER
For a permitted use in any district, the Development Officer shall approve an
application for a development permit for a permitted use if the application
conforms to the requirements of this Bylaw, the MGA, the Subdivision and
Development Regulation, and any statutory plan in effect, or any other plan
adopted by Council, and shall attach conditions to the permit necessary to
ensure any of the following:
a. in consultation with town Administration, arrangements for the supply of
utilities including, but not limited to, water, electric power, sanitary sewer,
storm sewer, natural gas, cable, or any one or more of them, including
payment of the cost of installation or construction of any such utility or facility
by the applicant;
b. in consultation with town Administration, arrangements for vehicular and
pedestrian access from public roads and trails, on-site vehicular and
pedestrian circulation, parking, loading, landscaping or drainage, or any one
or more of these matters, including payment of the costs of installation or
constructing any such facility by the applicant;
c. that the developer enters into a development agreement or an interim
agreement with the town as per Section 4.11.
d. that the developer pays an off-site levy or redevelopment levy imposed by a
bylaw adopted pursuant to the MGA;
e. that the developer provides security to ensure compliance with this Bylaw, a
development permit, an agreement under this clause and/or a statutory
plan, which security may include, but is not limited to, cash, certified cheque,
or an irrevocable letter of credit or charge against the title to the parcel; or
f. that the developer pays for oversize improvement costs pursuant to the MGA.
If an application for a development permit for a permitted use does not conform
Town of Three Hills Land Use Bylaw
47
to the requirements of this Bylaw, the MGA, the Subdivision and Development
Regulation and statutory plans, the Development Officer:
may refuse the application giving reasons for the refusal; or
may approve the application subject to conditions, to ensure that the
application conforms to the requirements of this Bylaw, the MGA and the
Subdivision and Development Regulation and statutory plans or any other
plan adopted by Council; or
may approve the application pursuant to Section 640(6) of the MGA and
such a development application shall be deemed to be subject to those
regulations of this Bylaw that pertain to an application for a discretionary use
permit, excepting Section 4.8.2.vii. below.
If a decision is not made on a development permit application within forty (40)
days of it being deemed complete by a Development Officer, the applicant
may deem it to be refused and appeal to the Regional SDAB.
The applicant for a development permit and the applicant's personal
representative, successors, and assigns shall comply with all conditions attached
to the approved development permit.
CONDITIONS OF APPROVAL BY THE MUNICIPAL PLANNING
COMMISSION
The Municipal Planning Commission shall consider and decide on applications
for development permits:
a. which are listed as discretionary uses by this Bylaw, except such discretionary
uses as are assigned to the Development Officer for decision, pursuant to
Section 4.6.10; or
b. which the Development Officer has referred to it.
The Municipal Planning Commission, at its discretion, may approve the
application for a discretionary use subject to the following conditions:
in consultation with town Administration, arrangements for the supply of
utilities including, but not limited to, water, electric power, sanitary sewer,
storm sewer, natural gas, cable, or any one or more of these, including
payment of the cost of installation or construction of any such utility or facility
by the applicant;
in consultation with town Administration, arrangements for vehicular and
pedestrian access from public roads and trails, on-site vehicular and
pedestrian circulation, parking, loading, landscaping or drainage, or any one
or more of these matters, including payment of the costs of installation or
constructing any such facility by the applicant;
that the developer enters into a development agreement or an interim
agreement, with the town as per Section 4.11.
that the developer pays an off-site levy or redevelopment levy imposed by a
Town of Three Hills Land Use Bylaw 48
bylaw adopted pursuant to the MGA;
that the developer provides security to ensure compliance with this Bylaw, a
development permit, an agreement under this clause and/or a statutory
plan, which security may include, but is not limited to, an irrevocable letter of
credit, cash, certified cheque, or charge against the title to the parcel;
that the developer pays for oversize improvement costs pursuant to Section
651 of the MGA;
any conditions that the Municipal Planning Commission may deem
appropriate to ensure that the development is orderly; compatibility with the
amenities of the neighbourhood; and the use, enjoyment, and value of
neighbouring parcels of land, including but not limited to, the following:
i.
a condition designed to bring a proposed development into
conformity with this Bylaw, statutory plan or policy adopted by
Council;
ii.
a condition requiring that the applicant enter into an agreement with
the town in respect of payment or provision by the applicant of dust
control measures and/or surfacing on municipal roads used by the
applicant for the purpose of obtaining access to or egress from the
site of the development;
iii.
a condition related to the handling and removal of garbage or refuse
created during the construction of the proposed development and
the ongoing removal of garbage and refuse created after the
completion of the proposed development;
iv.
a condition limiting the time of operation including hours of the day,
days of the week, and parts of the year;
v.
a condition requiring attenuation or mitigation of noise or any other
nuisances that may be generated by the proposed development;
vi.
a condition regarding the design, character, appearance, size,
height, location, position of buildings, vehicle and pedestrian
accessibility, landscaping, lighting, and servicing of the proposed use
or development; location, character, and appearance of buildings;
vii.
a condition limiting the amount and kind of advertising in respect of
the proposed development that may be carried out on the site of the
development;
viii.
a condition requiring that the safety and free movement of
pedestrians and vehicular traffic on adjacent public roadways is not
prejudiced; or
ix.
the Municipal Planning Commission, in its discretion, may refuse an
application for a discretionary use permit giving reasons for its refusal.
The Municipal Planning Commission may issue a development permit for a limited time
period:
specified in the development permit, and subject to:
Town of Three Hills Land Use Bylaw
49
i.
the condition that the town shall not be liable for any costs involved in
the cessation or removal of any use or development upon the expiry
of the permit;
ii.
at the discretion of the Municipal Planning Commission, the condition
that the applicant provide security, which may include, but is not
limited to, an irrevocable letter of credit, cash, or certified cheque
guaranteeing the cessation or removal of the use or development at
the end of the specified period of time; and
iii.
any additional conditions of approval.
after the expiration of which the applicant shall:
i.
cease or remove the use or development; or
ii.
request that the Municipal Planning Commission extend the validity of
the development permit for a specified time period.
The applicant for a development permit and the applicant's personal
representative, successors, and assigns shall comply with all conditions attached to
the approved development permit.
Where a proposed specific use of land or a building is not provided for in a district,
the Municipal Planning Commission may determine that the use is similar in
character and purpose to another use of land or building that is included in the list
of permitted or discretionary uses prescribed for in that district.
DIRECT CONTROL DISTRICT DEVELOPMENT PERMIT APPLICATION
Upon receipt of an application for a development permit in a direct control district,
Council shall:
unless, in its opinion, the interests of the general public would not be
prejudiced by the absence thereof, publicize a notice of the receipt of the
application and the steps to be taken to comment thereon in any or all of
the forms described as follows:
i.
mail the notice to all persons who, in its opinion, may be affected;
and/or
ii.
post the notice conspicuously on the property for which the
application has been made; and/or
iii.
publish the notice in a newspaper circulating in the Town.
iv.
post the notice on its website or other social media.
b. provide an opportunity for comments upon the application to be made in
response to the notice publicized under Section 4.9.1.i.
When reviewing and deciding upon a development permit application, Council
shall consider the following:
the existing and future land use of neighbouring properties;
the suitability of the site for the proposed use;
Town of Three Hills Land Use Bylaw 50
the provision of municipal services such as water and sewer;
the provision of access to the subject site; and
any considerations unique to the proposed development.
Council may approve, with or without conditions, or may refuse an application
for a development permit in a direct control district.
The Council's decision upon an application for a development permit in a direct
control district shall be final and binding on all parties.
DECISIONS OF THE REGIONAL SDAB
If an application for a development permit for a permitted or a discretionary use
does not conform to the requirements of this Bylaw, the MGA, the Subdivision
and Development Regulation and any plan or policy affecting the land, the
Regional SDAB:
may refuse the application, giving reasons for the refusal;
may approve the application subject to conditions to ensure that the
application conforms to the requirements of this Bylaw the MGA and the
Subdivision and Development Regulation and any statutory plan or other
plan adopted by Council;
may approve the application pursuant to the MGA, and such a
development application shall be deemed to be subject to those regulations
of this Bylaw that pertain to an application for a discretionary use permit,
excepting Section 4.8.2.vii.
may approve an application for a development permit:
i.
with or without conditions;
ii.
based on the merits of the proposed development including its
conformity to any approved statutory plan or approved policy
affecting the site; and
iii.
where the proposed development conforms in every respect to this
Bylaw;
DEVELOPMENT AGREEMENT
The development authority may require with respect to a development, that as
a condition of issuing a development permit, the applicant submit a real
property report to the satisfaction of the development authority and enter into
an agreement with the town to do all or any of the following:
to construct or pay for the construction of a road required to give access to
the development;
to construct or pay for the construction of:
i.
a pedestrian walkway system to serve the development; or
Town of Three Hills Land Use Bylaw
51
ii.
pedestrian walkways to connect the pedestrian walkway system
serving the development with a pedestrian walkway system that
serves or is proposed to serve an adjacent development, or both;
to install or pay for the installation of public utilities, other than
telecommunications systems or works, that are necessary to serve the
development;
to construct or pay for the construction of:
i.
off-street or other parking facilities; and
ii.
loading and unloading facilities.
to pay an off-site levy or redevelopment levy imposed by a bylaw adopted
pursuant to the MGA;
to carry out landscaping of the site which may include the retention and/or
planting of trees, the construction of an earth berm, or other form of
screening;
such other work or things as the development authority considers necessary
or advisable having regard to the nature of the proposed development; or
that the developer pays for oversize improvement costs pursuant to Section
651 of the MGA.
An irrevocable letter of credit, cash, certified cheque, or other security may be
required in such sum specified, as the development authority deems
appropriate to ensure the applicant compiles with the terms and conditions of
a Development Agreement.
The approved plans and specifications shall not be changed or modified
without written authorization from the development authority and all work shall
be done in accordance with the approved plans.
The applicant may be required to pay to the town the costs incurred, by the
town, to any engineer or other person for materials testing, inspections,
monitoring of construction and review of construction drawings, and legal costs
and expenses to which the town is put in connection with the Development
Agreement and how the Agreement relates.
To ensure compliance with a Development Agreement, the town may register
a caveat, pursuant to the provisions of the Land Titles Act and the MGA, against
the Certificate of Title of the property that is being developed. This caveat shall
be discharged when the obligations to be assumed by the applicant under the
agreement have been fulfilled.
DEVELOPMENT PERMITS AND NOTIFICATION OF DECISION
A development permit issued pursuant to this Bylaw is not a building permit, and
work or construction of any buildings related to the development shall neither
commence nor proceed until a building permit has been issued, pursuant to
applicable bylaws and regulations.
Town of Three Hills Land Use Bylaw 52
development permit shall be given in writing to the applicant and to the
landowner, where the landowner is not the applicant.
An application for a development permit shall be deemed to be refused when
a decision thereon is not made within forty (40) days of receipt of application.
This clause shall not apply if an applicant for a development permit enters into
an agreement with the development authority to extend the forty (40) day time
period.
In the case where an application for a development permit is refused pursuant
to Section 4, a subsequent application on the same property and for the same
or similar use shall not be permitted until a period of six (6) months has passed
from the date of the final decision, unless the reasons for the refusal have been
addressed. circumstances of the application have changed significantly.
A development permit for any discretionary use or any permitted use for which
a variance or relaxation was granted by the Development Officer or the
Municipal Planning Commission, does not come into effect until twenty-one (21)
days on which the decision was made or within twenty-one (21) days of the date
the forty (40) day review period expires or within any extension of that period.
Any work proceeding before the twenty-one (21) days expires, is done solely at
the risk of the applicant.
The date of issue of a permit for any permitted use that conforms in all respects
to the requirements of this Bylaw and was approved with or without conditions
pursuant to Section 4 comes into effect immediately upon approval by the
Development Officer.
Where a decision of the Regional SDAB has been appealed to the Court of
Appeal in accordance with the MGA, an approved development permit shall
not be issued until the Court of Appeal has finally disposed of the appeal.
Notice of Decision shall be given for all development permits that have been
issued in the following forms:
send the Notice of Decision by ordinary and/or electronic mail to the
applicant;
publish the Notice of Decision in a newspaper circulating in the Town stating
the legal description and the civic address of the lot of the development and
identifying the use which has been approved for such lot; and/or
send the Notice of Decision for discretionary uses by ordinary mail to
adjacent landowners, authorities, agencies, or persons it deems necessary;
and/or
post the notice of the decision conspicuously on the property for which the
application has been made, stating the legal description and the civic
address, and identifying the use which has been approved for such lot.
When an application for a development permit is refused, the Notification of
Decision, with reasons for refusal, shall be sent by ordinary and/or electronic mail
to the applicant.
For purposes of this Bylaw, Notification of Decision of approval on an application
for a development permit of the development authority, pursuant to Section
Town of Three Hills Land Use Bylaw
53
4.12.8 is deemed to have been given and to have been received on the date
that the Notice of Decision appears in the newspaper.
A development permit shall cease to be valid twelve (12) months after the date
on which it was issued unless, prior to the expiry of that time, the applicant has
commenced development or the development authority grants an extension
of time, except as provided for in Section 4.12.13.
The applicant, in writing, may apply to the development authority who
approved the development permit for an extension. The development authority
may grant an extension of a development permit for a period of not more than,
two (2) consecutive one (1) year extensions beyond the expiry date of the initial
permit, provided that the proposed development still complies with the
provisions of this Bylaw. If the applicant has not commenced development
within the extended time period, the development permit ceases to be valid.
Once work has been initiated in connection with a project approved by a
development permit, the permit remains valid until the work is completed,
provided that the project is substantially completed within two (2) years of the
date the permit was initially issued or within two (2) years of the date that any
extension of the permit is granted. If the work is not substantially completed
within that time, the permit shall be deemed to have expired.
The Development Officer shall:
Determine within twenty (20) days whether the application is complete. An
application is complete if, in the opinion of the Development Officer, the
application contains the documents and other information necessary to
review the application. The 20-day timeline may be extended if agreed
upon in writing between the applicant and the Development Officer.
Issue a letter to the applicant if the Development Officer deems a
development permit application to be complete. The letter shall indicate:
i.
The date the application was received and deemed complete;
ii.
Confirmation the Development Officer will begin processing the
application; and
iii.
The date the 40 days to process the application expires.
The development authority shall consider and decide on any application
for a development permit, within 40 days of the date of issuance of a letter
to an applicant indicating the application is complete, or within such longer
period as the applicant may have agreed to in writing.
SUBDIVISION APPLICATIONS & APPROVALS
Upon receipt of an application, the development authority shall, within twenty
(20) days of its receipt determine whether the application is complete. An
application is complete if, in the opinion of the development authority, the
application contains the documents and other information necessary to review
the application. The 20-day timeline may be extended if agreed upon in writing
between the applicant and the development authority.
Town of Three Hills Land Use Bylaw 54
If the development authority deems a subdivision application to be complete,
the subdivision authority shall issue a letter to the applicant indicating:
The date the application was received and deemed complete.
Confirmation the subdivision authority will begin processing the application,
and
The date the sixty (60) days to process the application expires.
If the subdivision authority determines an application is incomplete, the
subdivision authority shall issue a notice in writing to the applicant, indicating the
following:
The application is considered incomplete;
A detailed list of the outstanding documents and/or information required by
the subdivision authority to deem the application is deemed complete.
The date which the required outstanding documents and/or information
must be submitted to the subdivision authority in order, as either set out in
the notice, or as agreed upon between the applicant and subdivision
authority.
Prior to the expiry of the twenty (20) day review period.
If the subdivision authority determines that the information and documents
submitted by the applicant at the request of the subdivision authority are
complete, the subdivision authority shall issue a letter to the applicant indicating:
The application is complete;
Confirmation the subdivision authority will begin processing the application,
and;
The date the sixty (60) days to process the application expires.
If the applicant fails to submit the outstanding information and documents
requested by the subdivision authority to complete the application on or before
the date referred to in notice issued to the applicant, the application is deemed
to be refused.
If the application is deemed refused because the applicant failed to provide
the subdivision authority with the requested information, the subdivision authority
shall issue to the applicant a letter indicating the application has been refused
and the reason(s) for the refusal, within seven (7) days of the expiry date.
Despite the subdivision authority issuing a letter acknowledging an application
as complete, in the course of reviewing the application, the subdivision authority
may request additional information or documentation from the applicant that
the subdivision authority considers necessary to review the application.
If the subdivision authority fails to decide on an application's completeness
within twenty (20) days of receiving the application, or within an alternative
timeline agreed upon between the applicant and the subdivision authority, the
application is deemed to be complete.
The subdivision authority must give a copy of the application to government
Town of Three Hills Land Use Bylaw
55
departments, persons and local authorities required by the subdivision and
development regulations and give notice to adjacent landowners.
Notwithstanding clause 4.13.9, the subdivision authority is not required to give
notice to owners of adjacent lands if the land that is the subject of the
application is contained within an area structure plan or a conceptual scheme
and a public hearing has been held with respect to that plan or scheme.
In the event the plan or other instrument is not registered in a land titles office
within one year after the date it was endorsed, or within an extended period
prescribed, the subdivision approval of the plan or instrument and the
endorsement are void and the plan or instrument may not be accepted by a
Registrar for registration.
Notwithstanding clauses 4.13.10 and 4.13.11, Town Council may extend:
the one-year period for subdivision approval, or
the one-year period for registration of a plan or instrument at Land Titles
Office.
SUSPENSION OR CANCELLATION OF A DEVELOPMENT PERMIT
The development authority may suspend or cancel a development permit, if
following its issuance, the development authority determines that:
the requirements or conditions of the development permit have not been
complied with;
the development permit was issued in error; or
the development permit has been obtained by fraud or misrepresentation,
or by failure to disclose pertinent information at the time of application.
If the development authority suspends or cancels a development permit, the
development authority must provide a written notification to the applicant.
Upon receipt of the written notification of suspension or cancellation, the
applicant must cease all development and activities to which the development
permit relates.
A person whose development permit is suspended or cancelled under this
section may appeal within fourteen (14) days of the notice of cancellation or
suspension as provided for in Section 5.
Town of Three Hills Land Use Bylaw 56
DEVELOPMENT AND SUBDIVISION
APPEALS
APPEAL PROCEDURE
An appeal against a decision of the development authority or the subdivision
authority must be made within the time periods outlined in the MGA.
An appeal lies with the Municipal Government Board for:
Lands within the prescribed distance of a highway, a body of water, a
sewage treatment or waste management facility or a historical site; or
Any other circumstances described within the MGA;
Or with the Regional SDAB for all other cases.
An appeal for a development decision must be made within 21 days after the
date on which the decision is made under the MGA.
An appeal for a subdivision decision must be made within 14 days after receipt
of the written decision of the subdivision authority or deemed refusal by the
subdivision authority if a decision is not rendered within 60 days.
Within thirty (30) days of receiving a notice of appeal, the Regional SDAB shall
hold a hearing.
The Secretary of the Regional SDAB shall give at least 5 days' notice in writing of
the appeal hearing to:
The appellant;
The applicant for the development permit if not the appellant;
The owners of all adjacent lands when an appeal is made by the applicant;
The Development Officer;
The MPC, and
Any other person that the Regional SDAB considers to be affected by the
appeal.
The Regional SDAB shall make available for public inspection before the hearing
all relevant documents respecting the appeal including;
The application for the development permit, the notice of decision, and the
appeal therefrom; or,
The order of the Development Officer issued for contravention of this Bylaw.
At the hearing, the Regional SDAB shall hear:
The appellant;
The Development Officer;
Town of Three Hills Land Use Bylaw
57
Any person who was served with notice of the hearing and who wishes to be
heard;
Any other person who claims to be affected by the decision or order, and
that the Regional SDAB agrees to hear; and,
Any person acting on behalf of these persons.
DECISION
The Regional SDAB shall consider each appeal having due regard to the
circumstances and merits of the case.
In determining an appeal, the Regional SDAB:
Shall comply with adopted statutory plans, concept plans, outline plans
affecting the land and, subject to subsection iii., this Bylaw and the MGA.
Must have regard to, but is not bound by, the Subdivision and Development
Regulation;
May confirm, reverse or vary the order or decision, and may impose such
conditions as it considers proper and desirable for the circumstances;
May make an order or decision for issue a development permit not
withstanding that the proposed development does not comply with this
Bylaw if, in its opinion:
i.
the proposed development would not unduly interfere with the
amenities of the neighbourhood, or materially interfere with or effect
the use, enjoyment or value of neighbouring properties; and,
ii.
The proposed development conforms with the uses prescribed for the
land or building in this Bylaw; and
iii.
In addition to its own powers, may exercise the powers of the
Development Authority in the matter of orders, decisions, or the
issuance of development permits and conditions thereto.
After hearing all submissions, the Regional SDAB may deliberate and reach its
decision in private. In arriving at a decision, the majority vote of those members
present shall constitute the decision of the Regional SDAB. If the vote results in
a tie, the appeal is lost.
The Regional SDAB shall give its decision and reasons in accordance with the
MGA to the applicant, the appellant, and those affected persons who gave
their name and address to the Secretary during the hearing.
A written decision of the Regional SDAB must be given within fifteen (15) days
after concluding a hearing.
The decision of the Regional SDAB is final and binding on all parties subject only
to an appeal upon a question of jurisdiction or law pursuant to the MGA.
An application for leave to appeal must be made to a judge of the Court of
Appeal within 30 days after the issue of the decision or order that is being
appealed.
Town of Three Hills Land Use Bylaw 58
ADMINISTRATION AND ENFORCEMENT
PROCEDURE TO AMEND THE LAND USE BYLAW
The Council on its own initiative may give first reading to a bylaw to amend this
Land Use Bylaw.
A person may make application to the Development Officer for amendment to
this Bylaw. The application shall include:
a statement of the specific amendment requested;
the purpose and reasons for the application;
if the application is for a change of District, the legal description of the lands,
or a plan showing the location and dimensions of the lands;
the applicant's interest in the lands; and
the applicable application fee.
If the amendment is for a re-designation of land, the Development Officer may
require:
an outline plan for the area to be re-designated to the level of detail
specified by the Development Officer; and
payment of a fee to the Town equal to the costs incurred by it to retain an
engineering and planning company to evaluate the proposal or create an
outline plan when necessary.
The Development Officer shall determine If an application can be deemed to
be complete or if additional information is required from the applicant or agent.
An application for amendment shall be placed before Town Council within sixty
(60) days of its receipt by the Development Officer.
The Development Officer shall ensure the applicant is notified in writing not less
than five (5) days before First Reading of a bylaw to be considered by Town
Council.
Town Council may at its sole discretion:
refuse the application; or
refer the application for further information; or
pass first reading to a bylaw to amend this Bylaw, with or without conditions
or amendments; or
defeat First Reading of a bylaw to amend this Bylaw; or
pass First Reading of an alternative amendment to this Bylaw, with or without
conditions.
Following First Reading to an amending bylaw, the Council shall establish the
Town of Three Hills Land Use Bylaw
59
date, time and place for a public hearing on the proposed bylaw.
Following First Reading of an amendment bylaw, the Development Officer must
give notice of a public hearing in compliance with the MGA.
Notwithstanding clauses 6.1.7, 6.1.8 and 6.1.9, this Bylaw may be amended
without giving notice or holding a public hearing if the amendment corrects
clerical, technical, grammatical, or typographical errors and does not materially
affect it in principle or substance.
Council shall hear any person, group of persons or persons representing them
during the Public Hearing who claims to be affected by the proposed bylaw
and who has complied with the procedures outlined by the Council, and this
Bylaw.
Council may hear any other person who wishes to make representations and
whom the Council agrees to hear.
After considering the representations made to it about the proposed bylaw at
the Public Hearing and after considering any other matter it considers
appropriate, the Council may:
pass the Bylaw;
refer it for further information or comment; and
make any amendment to the Bylaw it considers necessary and proceed to
pass it without further advertisement or hearing, or
defeat the Bylaw.
In this section only, the following words "adjacent land" and owner" shall mean
the following:
i.
"adjacent land" means land that is contiguous to the parcel of land
that is being re-designated and includes:
ii.
land that would be contiguous if not for a highway, road, river, or
stream, and
iii.
any additional land identified by the development authority.
iv.
"owner" means the person shown as the owner of land on the
assessment roll prepared pursuant to the MGA.
Prior to Third Reading of the proposed bylaw, Council may require the applicant
to apply for a development permit and negotiate a development agreement
in respect of the proposal which initiated the application for amendment.
After Third Reading of the proposed bylaw, the Development Officer shall send
a copy to:
the applicant;
the registered owner of the land if not the applicant;
government agency contacted during the circulation period
school boards contacted during the circulation period.
Town of Three Hills Land Use Bylaw 60
The Development Officer shall not accept an application for an amendment
which is identical or similar to an application which was refused by the Council,
for a period of six (6) months after the date of the refusal unless, in the opinion
of the Development Officer, the reasons for refusal have been adequately
addressed or the circumstances of the application have changed significantly.
ENFORCEMENT
If the development authority finds that a development, land use or use of a
building is not in conformity with this Bylaw; Part 17 of the MGA; the Subdivision
and Development Regulation; a development permit or subdivision approval,
or a condition therein; or an order of the Regional SDAB, the development
authority may do any of the following it deems necessary to correct the
noncompliance by:
Issuing a warning letter to the applicant and/or the landowner;
suspending or revoking a development permit which has not been complied
with;
issuing a violation ticket; or
issuing a stop order.
Any notice or order issued under clause 6.2.1 shall direct the owner, the person
in possession of the land or building, or the person responsible for the
contravention, or any or all of them, to
stop the development or use of the land or building in whole or in part as
directed by the notice;
demolish, remove, or replace the development, or
carry out other actions required by the notice or stop order so that the
development or use of the land or building complies.
If a person fails or refuses to comply with a notice or a stop order issued by the
development authority under clause 6.2.1 or an order of the Regional SDAB
made pursuant to the MGA, Town officials may enter on the land or building
and take any action necessary to carry out the notice or order. The owner, the
person in possession of the land or building, or the person responsible for the
contravention, or any or all of them, must receive written notice in accordance
with the MGA.
The Town may register a caveat under the Land Titles Act in respect of an order
referred to in clause 6.2.1 against the certificate of title for the land that is the
subject of the order, but if it does so, the Town must discharged the caveat when
the order has been complied with.
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61
OFFENCES AND PENALITIES
Any person who contravenes or fails to comply with:
any provision of this Bylaw;
Part 17 of the MGA;
the Subdivision and Development Regulation;
a Stop Order;
a development permit or subdivision approval, or a condition therein,
a decision of the Regional SDAB, or
a person who obstructs or hinders any person in the exercise or performance
of their powers or duties under this Bylaw,
is guilty of an offence.
A person shall be considered to be guilty of an additional offence if the offence
referred to in clause 6.3.1 continues or is allowed to continue fourteen (14) days
past summary conviction thereof or if the offence referred to in clause 6.3.1
continues or is allowed to continue fourteen (14) days past payment of a
violation tag.
CONTRAVENTION
When an offence has been or is being committed, the Development Authority
may:
suspend or revoke a development permit which has not been complied with;
issue a violation ticket; or
issue a stop order.
ENFORCEMENT FINES
A person who is guilty of an offence referred to in clause 6.3.1 shall be liable
upon summary conviction thereof, to a fine of not less than $2,500.00 and, in
addition thereto, to a fine of not less than $500.00 and not more than $2,500.00
for every day that the offence continues, plus costs and damages and in default
thereof to imprisonment for a period not exceeding sixty (60) days unless the
fine and costs, including the costs of committal, are sooner paid.
VIOLATION TICKETS
A violation ticket may be issued by the CAO to a person who is believed to be
guilty of an offence referred to in clause 6.3.1 and the said violation tag shall
provide for payment within seven (7) days from the date of issue to the Town in
the amount of not less than $250.00. If payment is made within the time limit,
Town of Three Hills Land Use Bylaw 62
then such payment shall be accepted in lieu of prosecution of the same
offence;
The violation ticket shall be issued by personally serving it upon the alleged
offender or by leaving it at the residence of the alleged offender.
If a violation ticket is issued pursuant to clause 6.3.1 above, and if the amount
that is specified upon the violation tag is not paid within thirty (30) days from the
date of issue of the violation ticket, then an information shall be laid before a
Provincial Judge, and prosecution for the alleged offence shall proceed as
though no violation ticket had ever been issued;
Any person who is issued a violation ticket under the provisions of this Bylaw shall
immediately cease and desist the offence for which the violation tag was issued.
The ticket must specify:
the name of the person;
the offence;
the specified penalty established by this Bylaw for the offence;
that the penalty shall be paid within twenty-one (21) days from the date of
issue of the fine; and
the date and time that the property must be brought into conformity with this
Bylaw.
ORDERS AND STOP ORDERS
The CAO, when issuing a written notice must order the landowner, the person in
possession of the land or building, the person responsible for the contravention,
or all of them to:
stop the development or use of the land that is contrary to the Bylaw;
demolish, remove, or bring the development into compliance with the Bylaw;
carry out any other actions required by the notice so that the development
complies with the provisions of the Bylaw;
complete the actions in the notice before the date set in the notice; and
provide the option to register an appeal to the Subdivision and Development
Appeal Board.
If the person fails or refuses to comply with the order or an order of the
Subdivision and Development Appeal Board, the Development Authority may:
obtain an injunction from an Alberta court to enforce the Bylaw;
register a caveat under the Land Titles Act in respect to the order;
enter into or upon the land or building and take any action necessary to carry
out the order; and
the cost action or measure will be charged to the registered owner of the
Town of Three Hills Land Use Bylaw
63
land and added to the tax roll of the lands owned by the registered owner
and collected in like manner as taxes owing against the property.
The Development Authority is authorized and directed to take whatever action
is required to collect fines levied for offences of this Bylaw.
After reasonable notice (generally means forty-eight (48) hours' notice) to the
owner or occupant in accordance with the MGA, the CAO of the Town may
enter the property at a reasonable time (generally 7:30 a.m.-10:00 p.m.) to
ascertain if Bylaw requirements are being met.
Town of Three Hills Land Use Bylaw 64
GENERAL LAND USE REGULATIONS
GENERAL LAND USE REGULATIONS
Rules and standards regarding the use and development of land or buildings
are hereby established and described in this part of the Bylaw and apply to all
the districts shown on the Land Use District Map as being Schedule A hereto.
ACCESSORY BUILDINGS
General regulations applicable to all land use districts.
The Municipal Planning Commission may exercise discretionary power with
respect to type, placement, appearance, and number of accessory
buildings within the boundaries of a parcel.
Where an accessory building is approved to be located over a sewer or
water line it shall be a condition of such approval that:
i.
the owner provides at their expense an agreement registered by
caveat on title to the parcel, releasing the Town from, and agreeing
to indemnify the Town of, any damage to such service lines or
buildings on or adjacent to the parcel; and
ii.
an accessory building shall not enclose the service valves or shut off
valves of that line.
Regulations in residential districts
Notwithstanding the district regulations in effect on a parcel, the following
general regulations shall apply to all accessory buildings within residential
districts, which may include, but are not limited to decks, garden sheds,
portable garages, carport, greenhouses, gazebos, and play structures.
Sheds are an accessory building used for storage having a floor area of
not more than 9.29 m2 (100 ft2) and is not connected to any utilities. For
the purposes of this Bylaw, shed also means a garden shed that can be
located in the rear yard of a residential lot, obeying the setback
requirements, and does not need a development permit or a building
permit.
Where an accessory building is attached to the principal building on the
same site by a breezeway, roofed structure, open or enclosed structure
above grade the accessory structure shall be deemed to be part of the
principal use and shall maintain the setback requirements of the principal
building.
No accessory buildings shall be permitted within the required front yard of the
appropriate district.
No person shall use or permit an accessory building to be used for human
Town of Three Hills Land Use Bylaw
65
occupancy, except those approved for use as a garage suite or garden
suite.
On an interior lot, the accessory building shall be situated so that the exterior
wall is at least 1.0 m (3.28 ft) from the side and rear boundaries of the parcel.
All roof drainage shall be directed by means of eaves troughs, drain spouts,
or such other suitable means onto the property where the accessory building
is located.
No person shall construct or permit the construction of an accessory building,
or group of accessory buildings, such that, individually or collectively, they
would not:
i.
along with the principal building, exceed the maximum site
coverage;
ii.
exceed the gross floor area of the principal building on the lot; or
iii.
exceed 15% of the site coverage.
i. An accessory building shall not be more than 4.5 m (15 ft) in height and shall
not exceed the height of the principal building on the same site except as
provided for in Section 7.28 GARAGE SUITE.
j. Notwithstanding Section 7.2.2.i., the Municipal Planning Commission may
permit:
i.
a two (2) storey detached garage only if the principal building is two
(2) storeyed, and the detached garage shall not exceed the height
of the principal building; and
ii.
the two (2) storey detached garage shall be consistent with the
massing and architectural elements of the principal building,
including but not limited to height, roof slope, materials, and any
aesthetic architectural details, if any; and
iii.
the two (2) storey detached garage with due regard to amenities
such as daylight, sunlight, and privacy.
k. Where a site requires vehicular access to an accessory building from the front
street to the rear of the property, one (1) side yard setback to the dwelling
must be a minimum of 3.2 m (10 ft).
l. An accessory building may have a greater setback to protect utilities and
utility rights-of-ways as may be required by the Municipal Planning
Commission.
m. Accessory buildings which have a building area greater than 100ft2 shall
require a building permit and shall have an exterior finish to match the
principal building.
n. Accessory buildings which have a building area greater than 55 m2 (592 ft2)
shall have foundation walls and footings a minimum of 1.2 m (3.9 ft) below
grade around the perimeter, or the foundation design must be engineered.
Regulations in all other districts
Town of Three Hills Land Use Bylaw 66
Where an accessory building is attached to the principal building by an open
or enclosed roofed structure it is to be considered a part of the principal
building and subject to the setbacks required for the principal building.
Accessory buildings shall have the same height and setback requirements as
the principal building.
Notwithstanding the above, accessory buildings shall not be located in front
of the principal building.
AIR SUPPORTED AND FABRIC COVERED STRUCTURES
Air supported and fabric covered structures:
may be permitted in industrial land use districts and C1 - Commercial
General and C5 - Commercial Industrial District;
shall require a development permit;
shall be of new construction;
shall not exceed the maximum height requirement for that land use district;
shall be located on a permanent foundation; and
if no principal building is located on the site at the time of development
permit application the air supported and fabric covered structure shall be
deemed the principal building and shall be required to meet all siting
requirements of the land use district in which it is located.
ALTERNATIVE ENERGY COLLECTING AND STORING DEVICES
Solar energy devices attached to a principal or accessory building shall require
a building permit and:
be integrated to mimic the roof or wall/structure. The mounted panel shall
project no more than 0.15 m (6.0 in) from the surface of the building;
where located on buildings with flat roofs, not project vertically more than 1.0
m (3.28 ft) above the roof line in residential districts and not more than 1.8 m
(6.0 ft) above the roof line in all other districts; and
not extend beyond the outermost edge of the roof or wall to which it is
mounted.
Solar energy devices not attached to a building shall:
be located in a side or rear yard only.
not exceed 1.8 m (6.0 ft) in height above the ground; and be screened from
adjacent properties with a fence or landscaping, to the satisfaction of the
development authority.
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67
Wind energy devices shall require a building permit and
shall:
have a combined building height and wind energy
device height which is no higher in height than what
is permitted in the land use district in which it is
located;
when mounted to the roof, not extend beyond the
outermost edge of the roof.
when mounted to the wall of a building, be located
on the building wall facing the rear yard.
where located on residential lots be designed
specifically to be for such use; and
not generate any noise that extends beyond the
property boundary in a residential district.
The development authority may require provision of a
visual and noise impact statement including steps proposed to mitigate such
impacts.
BALCONIES
A balcony attached to and projecting from the face of a building above the
first storey, with or without a supporting structure, and surrounded by a
balustrade or railing and can be used as an outdoor porch or sundeck, shall
have access only from within the building.
Balconies constructed after the initial build shall be approved by the Municipal
Planning Commission.
BED AND BREAKFAST ESTABLISHMENTS
Bed and breakfast establishments shall not interfere with the quiet enjoyment of
a residential neighbourhood.
Bed and breakfast establishments shall only be allowed in a single detached
dwelling in those districts where it is listed as a discretionary use, and:
Figure 17: Solar Energy Devices
Figure 18: Wind Energy Device
Town of Three Hills Land Use Bylaw 68
shall have no exterior signage, display or advertising other than one (1) non-
illuminated business identification plaque or sign with a maximum face area
of 0.37 m2 (4.0 ft2). This sign may be either:
i.
affixed to the principal building;
ii.
painted onto a window; or
iii.
a freestanding sign located a minimum of 1.5 m (5.0 ft) from the lot
line
notwithstanding Section 7.7.2., a bed and breakfast located on a corner lot
shall have no exterior signage, display or advertising other than two (2) non-
illuminated business identification plaques or signs each having a maximum
face area of 0.37 m2 (4.0 ft2). Each frontage is permitted one (1) sign. This sign
may be either:
i.
affixed to the principal building;
ii.
painted onto a window; or
iii.
a freestanding sign located a minimum of 1.5 m (5.0 ft) from the lot
line
roof signs shall not be permitted for a bed and breakfast;
minimal exterior modification of the structure or grounds may be made only
if such changes are compatible with the character of the area or of the
neighbourhood, and only if they are in accordance with an approved
development permit;
an approved development permit will remain in effect, provided the intensity
of use does not increase and all requirements of the development permit
have been satisfied;
the granting of a development permit does not exempt compliance with any
provincial regulations, health regulations, or other permit requirements for a
bed and breakfast establishment;
the number of guest rooms shall be limited to four (4) and a maximum of eight
(8) guests. The rooms shall have access from within the dwelling. The rooms
shall not be dwelling units as defined in this Bylaw;
in addition to the number of off-street parking spaces required for the
residential use, a minimum of one (1) additional off-street parking space is to
be provided for each bed and breakfast guest room; and
a bed and breakfast shall not be allowed on the same parcel as a secondary
suite.
BUILDING DEMOLITION
Any person wishing to demolish a building is required, in addition to the
requirements contained in Section 4.6, to submit a completed demolition
permit application, and a plan to the Development Officer.
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69
The applicant will be responsible for:
The replacement of any boulevard trees that are damaged or cut down to
affect the demolition or removal of a structure or building from the site.
Removal of all building, structural, and foundation materials or debris from
the site to a suitable landfill. The applicant shall keep sidewalks and public
roadways clear of dirt and debris.
Fencing of the demolition site and excavation area to protect against any
safety hazard on the site until the excavation is filled in and the site is properly
levelled.
Dust mitigation resulting from demolition and excavation activities.
Filling in of the excavation area with suitable fill material within thirty (30) days
contingent upon weather conditions.
Levelling of site to provide for proper drainage.
Replacement, at the applicant's expense, of any sidewalk, curb and gutter,
fire hydrants, and water and sewer lines damaged as a result of the said
demolition or removal of the building or structure from the site.
Notification to public utility authorities (Alberta One-Call, Telus, ATCO Electric,
AltaGas Utilities, Harvest Hills Gas Co-op Ltd., the operator of the cable
television system, and the Town of Three Hills' Utilities Department), so they
may disconnect said utilities from the structure or building prior to its
demolition or removal and to assist with moving the utility service to help
effect the demolition or removal of the structure or building.
The Development Officer shall refer all applications for building demolition to
an accredited Safety Codes Officer so all work related to this permit is carried
out in accordance with the National Building Code - 2019 Alberta Edition and
the Safety Codes Act.
It is the responsibility of the applicant to apply for a final inspection after the
work is complete. All sidewalks, curbs, gutters, lanes, and other surface
utilities must be completely clear of snow, soil, mud, or other debris prior to
the inspection.
Where a development permit is to be approved for the demolition of a
building, the Development Officer may require the applicant to provide
surety in an amount set by Council to cover costs of reclamation and
damage to public and quasi-public utilities, public roadways, and sidewalks,
and to carry sufficient comprehensive liability insurance naming the town as
an insured party in all public liability policies.
All pre-conditions, as determined by the Town for a demolition permit must
be satisfied prior to an application being made and be carried out to the
satisfaction of the Development Officer.
BUILDING IDENTIFICATION
The owner of a property on which a structure has been constructed shall cause
Town of Three Hills Land Use Bylaw 70
the correct municipal address identification (i.e. house number) to be displayed,
at a location plainly visible at all times from the road to which the property is
addressed.
The owner of a property on which a structure has been constructed which also
has access to an alley or lane shall, in addition to the requirements of Section
7.7.1 shall also cause the correct municipal address identification (i.e. house
number) to be displayed, at a location plainly visible at all times from the lane.
Each municipal address identification number and/or letter shall be of a
contrasting color to the building face, structure, or facade of which it is affixed
and shall be clearly legible.
BUILDING ORIENTATION AND DESIGN
The architectural design, character, appearance, and landscaping of any
building or attachment thereto, including any accessory buildings or structures
or series of buildings, any reconstruction or sign proposed to be erected or
located in any district must be acceptable to the development authority having
due regard to:
amenities such as daylight, sunlight, and privacy;
the character of existing development in the district;
the effect on adjacent parcels;
architectural controls in place for the area being developed; and
the use of architectural features like recesses, massing, palette, or distinctive
designs incorporating all of these.
CANNABIS PRODUCTION FACILITY
An application for a Cannabis Production Facility Development Permit shall
include the following:
demonstrated compliance with the Federal and Provincial Legislation;
a
detailed
description
of
the
facility,
including
the
proposed
building/structures, types of production/cultivation, distribution and shipping
methods, employee numbers, parking, etc.
a detailed site sketch showing elevations of the existing or proposed building,
floor plan that shows what renovations are required to make an existing
building compliant or the construction detail of a new building, treatment of
façade, access and egress points from the parcel, security fencing detail,
setbacks from property lines or other information the development authority
deems necessary to render a decision.
existing or proposed servicing arrangements (water and sewer and
stormwater management), which include water conservation methods;
Town of Three Hills Land Use Bylaw
71
the anticipated facility traffic generation to the property including employee
traffic;
landscaping, signage, and lighting plans that are compliant with this Bylaw;
mitigation measures to reduce negative impacts on adjoining parcels; and
any supplementary information and/or studies the development authority
may require as part of the application. Additional information and studies will
be determined on a case-by-case basis.
CANNABIS RETAIL SALES STORE
An application for a Cannabis Retail Sales Store shall include the following;
demonstrated compliance with the Federal and Provincial Legislation;
Supplementary information and/or studies may be required. Additional
information and studies will be determined on a case-by-case basis.
Cannabis Retail Sales Stores shall be limited to the C2-Commercial Central
District, I1-Industrial General District and C3-Commercial Highway District.
Any new development containing cannabis sales, must follow all mandates and
regulations set out by the Alberta Gaming, Liquor and Cannabis Commission
(AGLC).
The development authority at its discretion may require lighting, signage, or
screening measures that make the proposed development compatible with
adjacent or nearby residential, mixed use, or commercial development.
CHILDCARE SERVICE & DAY HOME
Childcare service includes, day care facilities, play schools, and pre-schools. A
childcare service shall comply with the following:
All applicable provincial regulations.
The provision of any outdoor play space shall be the responsibility of the
applicant and the outdoor play space shall:
a. be located on the same lot on which the childcare service is located; and
b. be designed and secured to provincial standards.
One (1) on-site parking space per employee is required.
A childcare service, when located in a residential district, shall have no exterior
signage, display, or advertising other than one (1) non-illuminated business
identification plaque or sign with a maximum face area of 0.37 m2 (4.0 ft2). This
sign may be either:
a. affixed to the principal building;
b. painted onto a window; or
Town of Three Hills Land Use Bylaw 72
c. a freestanding sign located a minimum of 1.5 m (5.0 ft) from the lot line
Notwithstanding Section 7.11.i., a childcare service, located in a residential
district on a corner lot shall have no exterior signage, display or advertising other
than two (2) non-illuminated business identification plaques or signs each having
a maximum face area of 0.37 m2 (4.0 ft2). Each frontage is permitted one (1)
sign. This sign may be either:
a. affixed to the principal building;
b. painted onto a window; of
c. a freestanding sign located a minimum of 1.5 m (5.0 ft) from the lot line
Roof signs shall not be permitted for a childcare service in a residential district.
Refuse shall be stored in appropriate containers which shall be located to the
satisfaction of the approving development authority.
The location of passenger loading spaces for a childcare service may be
specified by condition of a development permit.
A childcare service shall be located on a street which permits on-street parking.
The Developing Authority shall, in deciding on an application for a childcare
service, consider the following:
potential traffic generation;
isolation of the proposed site from other residential uses;
buffering or other techniques designed to limit any interference with other
uses or the peaceful enjoyment of their properties by nearby residents; and
consistency in terms of intensity of use with other development in the area.
Day homes shall comply with the following:
Day homes shall comply with home occupations Sections 7.31.2 and 7.31.3.
A maximum of six (6) children shall be cared for at one time, excluding
children resident on the property.
Shall adhere to applicable provincial regulations.
CONDOMINIUM PLANS
In the event of subdivision by a condominium plan, development shall be
treated as a multi-unit and shall comply with development setbacks for the front,
rear, and side yards as specified in the appropriate land use district.
The Developer and the Condominium Corporation shall ensure that
adequate fire access, legal road access, and municipal servicing are
provided and maintained to the satisfaction of the Municipal Planning
Commission; and
the developer and the condominium corporation shall be responsible for the
construction, maintenance, repair, and replacement of all such roads and
Town of Three Hills Land Use Bylaw
73
utility services within the condominium plan.
Bare land condominium plans will not be permitted within the Town.
CONSTRUCTION GUIDELINES
A person to whom a development permit is issued shall, during construction,
keep posted in a conspicuous place on the site, a copy of the development
permit or placard in lieu thereof and a copy of the approved drawings and
specifications to which the permit pertains.
The development authority may require that the applicant arrange for an on-
site inspection before commencing construction.
If applicable, a person to whom a development permit has been issued shall
obtain from the appropriate authority permits relating to building, grades,
sewers, water mains, electricity, and highways, and any other permits required
in connection with the proposed development.
The applicant shall be responsible for ensuring that all required municipal
inspections are undertaken and approved prior to the commencement of the
next phase of construction.
If a temporary means of heating is required during construction:
the applicant shall obtain the appropriate permits as per the Safety Codes
Act; and
the maximum size of any individual above-ground fuel tank shall be 450 litres.
During construction, the applicant shall be financially responsible for any
damage by himself, his servants, suppliers, agents, or contractors, to any public
property.
The applicant shall prevent excess soil or debris from being spilled on public
streets, lanes, and sidewalks, and shall not place soil or any other materials on
adjacent properties without permission in writing from adjacent property
owners.
All construction waste shall be stored in on-site temporary garbage containers
until transferred to a permanent waste disposal site. The temporary containers
shall be located a minimum of 1.2 m (4.0 ft) from the building under construction
or any adjacent buildings and shall not block public sidewalks or streets.
Any material, apparatus, or structure temporarily occupying public property,
which is deemed to be hazardous by the development authority, including
fences and walkways, shall be adequately lit between sunset and sunrise.
CONTAINERS, SHIPPING CONTAINERS, SEA CAN OR DRY BOX
Containers, shipping containers, sea can or dry box shall:
be permitted within any residential district and shall be considered an
accessory building and shall comply with Section 7.2 of this Bylaw;
Town of Three Hills Land Use Bylaw 74
be limited to one within any residential district;
not display any advertising, company logos, names or other marketing;
large containers shall require a development permit for parcels of land
located on the east side of the railway tracks;
not be connected to any utilities;
not be stacked;
be used for storage purposes only, excluding any dangerous or hazardous
materials;
have an exterior finish that matches or compliments the exterior finish of the
principal building;
not eliminate or interfere with parking, loading, or the maneuvering of
vehicles or pedestrians on the site; and
not interfere with vehicle or pedestrian sight lines.
Temporary large containers in residential districts
The Development Officer may issue up to a six (6) month period, a permit for
a large temporary container to be placed in a residential district:
i.
during renovations or construction on the property for which a valid
building permit has been issued; and
ii.
during the period of a residential move if such a container is part of a
moving van system.
The temporary permit may be extended an additional three (3) months if
necessary.
The temporary container may be placed in the front, side, or rear yard, and must
be neatly placed on the property according to a site plan that is approved by
the development authority, provided that the container is located within the
required accessory building setbacks;
The quality and appearance of the container shall be tidy and well kept.
DANGEROUS GOODS
Prior to making any decision on a development application that involves
dangerous goods, or development on adjacent land, or in proximity to any
known dangerous goods, the development authority shall refer the
development proposal to the appropriate regulatory authority for comment.
DATE OF OCCUPANCY
No building shall be occupied, or use occur, and no change in the existing
occupancy classification of a building shall be made until:
Town of Three Hills Land Use Bylaw
75
substantial completion of the building has been undertaken as determined
by the development authority; and
a final inspection of the building and all other applicable inspections are
completed to the satisfaction of the Safety Codes Officer.
DECKS
A deck shall meet the following
requirements:
a building permit is required if the
elevation above grade is in excess
of 0.61 m (2.0 ft), and must comply
with the National Building Code -
2019 Alberta Edition;
a
covered
or
enclosed
deck
constructed on foundation walls
and footings shall be considered an
addition to the principal building
and is required to meet the required
front, side, and rear yard setbacks
of the principal building and shall
be included in the calculation of site coverage;
a deck shall be limited in height to no more than the main floor level of the
principal building; and
when constructing an attached or unattached deck to the principal
building, consideration must be given to the location of the deck, to preserve
the privacy of adjacent properties.
Development permits for decks shall be approved by the Development
Officer.
DEVELOPMENT IN PROXIMITY TO OIL AND GAS WELLS
All construction and development shall comply with the provincial Subdivision
and Development Regulation and the minimum requirements of the Alberta
Energy Regulator (AER) regarding the proximity of a development to a gas or oil
well or sour gas facility regulated by the AER.
DEVELOPMENT ON LAND TO BE SUBDIVIDED
A development requiring subdivision of land shall not be issued a development
permit until such time as subdivision approval has been received from the
subdivision authority, or upon appeal, the Regional SDAB.
Figure 19: Deck
Town of Three Hills Land Use Bylaw 76
DEVELOPMENTS ENCROACHING ON TOWN PROPERTY
No permanent structure or improvement other than a utility or municipal
structure shall be built on or over Town property excepting:
approved private driveways and sidewalks; and
private landscaping, which is reasonable, in the opinion of Town
Administration.
The owner of said encroaching structure or improvement shall be solely
responsible for repairs and/or replacement necessitated due to utility or
municipal operations.
The owner of any encroaching structure shall maintain the said structure in a
reasonable state of repair at all times.
In determining reasonable encroachments, Town Administration shall have due
regard to policies and procedures as adopted by resolution of Council.
The owner of such encroaching structures or improvements may be required to
enter into an encroachment agreement in a form satisfactory to Town
Administration, respecting the said encroachment.
The owner of such encroaching structure must obtain approval from the Town
prior to installing any improvement.
DRAINAGE STANDARDS
A master or lot drainage plan, when the subdivision authority or Municipal
Planning Commission requires one, shall be prepared to the satisfaction of the
subdivision authority or Municipal Planning Commission, in consultation with
Town Administration.
Any area requiring landscaping and/or re-contouring shall be done so that the
finished grade does not direct surface drainage or cause the impounding of
drainage on adjoining land unless approved by the Municipal Planning
Commission in consultation with Town Administration.
The storm water run-off and sub-surface drainage of all development shall be in
a manner acceptable to the Municipal Planning Commission in consultation
with Town Administration.
The storm water run-off and sub-surface drainage, including the discharge of
sump pumps, of all new development and existing development shall not
directly discharge or cause any flows across a sidewalk or into the Town's
sanitary sewer system, and shall not discharge into an adjacent property.
All roof drainage from any building shall be directed onto the front or rear of the
parcel upon which such building is situated by means of eaves troughs and
downspouts, or other suitable means, to the satisfaction of the Municipal
Planning Commission in consultation with Town Administration.
Where the final site grades have been established through a development
agreement or engineered drawings, the Municipal Planning Commission may
Town of Three Hills Land Use Bylaw
77
require the applicant to provide a grading and location certificate indicating
the final elevations of the corners of the property and the front and rear
elevations and locations for all buildings.
The owner of a site shall be responsible to ensure that grading is maintained to
continue to provide effective site drainage.
Where maintenance of a common drainage path at property line is required,
the responsibility for maintenance lies with the owners of both sites.
Where a drainage swale is established within an easement/right-of-way on a
site, swale grades shall be maintained, and the swale shall be kept free from any
obstructions by the owner of the site.
Retaining walls shall be designed and constructed to:
maintain positive overland drainage on all portions of the site;
respect overland drainage patterns established for the lot at the time the lot
was created; and
not divert overland drainage onto adjacent properties.
DRIVE-IN BUSINESS
Drive-in businesses, including gas bars and carwashes, shall be located only
where the development authority is satisfied that the development and resulting
vehicle circulation patterns will not adversely affect the function of public
roadways, internal roadways, or internal vehicle circulation routes.
Queuing space shall be provided on the same site as the development as
follows:
For drive-in food services and other development having a service window
or automated machine, a minimum of five (5) inbound queuing spaces shall
be provided for vehicles approaching the service window or automated
machine. One (1) outbound queuing space shall be proved on the exit side
of the service window or automated machine.
For drive-through vehicle services, a minimum of five (5) inbound queuing
spaces shall be provided and a minimum of two (2) outbound queuing
spaces shall be provided prior to exiting onto a public roadway.
Each queuing space shall be a minimum of 5.5 m (18 ft) long and 3.05 m (10
ft) wide. Queuing lanes shall provide sufficient space for turning and
maneuvering.
EASEMENTS
Subject to the terms in a utility easement, no structure other than a fence shall
be constructed or placed on that utility easement unless:
written consent has been obtained from the owner for whose use the
easement has been granted; and
Town of Three Hills Land Use Bylaw 78
the proposed structure does not restrict access to the utility easement for the
purpose of installation and maintenance of the utility in the opinion of Town
Administration.
ENVIRONMENTAL PROTECTION STANDARDS
Every new use or alteration to an existing development of land or building shall
comply with all regulations in this section regarding the acceptable levels of
nuisance that may be created.
No operation or activity in any commercial or industrial district shall emit air
and water contaminants in excess of the standards prescribed by the
Province of Alberta pursuant to the Environmental Protection and
Enhancement Act and regulations pertaining thereto.
All uses and operations which store, manufacture, or utilize materials or
products which may be hazardous due to their flammable or explosive
characteristics shall comply with the regulations of the senior government
authority having jurisdiction.
All operations involving the following hazardous materials shall submit a
written description to the approving development authority of the materials
and the operations being undertaken on the property:
poisonous and infectious agents;
pesticides;
herbicides;
corrosives and explosives; or
flammable and combustible liquids.
No use or operation shall discharge toxic or noxious materials, in amounts or
quantities that exceed the levels prescribed by the Province of Alberta within
the Environmental Protection and Enhancement Act and regulations
pursuant thereto:
i.
across the boundaries of a site;
ii.
through infiltration into the subsoil; or
iii.
into the sewage disposal system, except as otherwise approved by
town Administration.
No activity may be undertaken in any district which, in the opinion of the
development authority, constitutes a nuisance on a private or public site.
Sites and buildings in all districts shall be maintained in a clean and tidy
condition, free from all rubbish and debris.
EXTERIOR DISPLAYS ON ADJACENT MUNICIPAL PROPERTY IN
COMMERCIAL DISTRICTS
Town of Three Hills Land Use Bylaw
79
Exterior displays located on municipal property must be associated with the
directly abutting business and are permitted only in the commercial land use
districts. Examples of appropriate displays may include a portable clothing rack,
benches, small café-style tables and chairs, tables displaying goods such as
house wares or art, etc.
Exterior displays include displays of information and/or or goods on directly
adjacent municipal property by an abutting private business and is considered
incidental and subordinate to the principal commercial use.
All signage shall comply with Section 8 SIGN REGULATIONS.
Pursuant to Section 7.26, the following are prohibited:
exterior displays by third parties on municipal property; and
installation of fencing, either permanent or temporary, as part of a display.
Non-profit or philanthropic organizations that are affiliated with a directly
abutting private business shall be exempt from 7.26.4 (e.g.: Girl Guides of
Canada or Alberta Heart and Stroke Foundation).
Mobile vending on municipal property, such as food carts, food trucks or
sidewalk cafes, shall not be considered an exterior display pursuant to Section
7.26.
All displays are considered temporary and shall:
not encroach beyond that portion of sidewalk or boulevard located directly
in front of the associated business;
not encroach into any parking stall; and
leave sufficient space between the display and the edge of the sidewalk for
two-way, barrier-free movement of pedestrians, wheelchairs, strollers, etc.
Approaches to alleys, parking lots, and driveways must not be restricted or
obstructed by exterior displays.
Displays shall not obstruct access to fire hydrants or fire protection appliances.
Displays shall be weighted or otherwise secured so as not to pose a hazard in
the case of extreme or unexpected weather events.
Pursuant to this Section, exterior displays shall not be permitted prior to
compliance with the following:
the business has obtained a valid Town business license;
the business has obtained and keeps in effect a commercial general liability
insurance policy in the amount of not less than two (2) million dollars inclusive
of bodily injury and property damage covering the proprietor of the business
and naming the Town as an additional insured and with a cross liability
clause;
the business must provide the town with a copy of insurance policy annually
as stated in Section 7.26.11.ii.; and
the business must be in full conformity with all other applicable municipal,
Town of Three Hills Land Use Bylaw 80
provincial, and federal regulations including but not limited to the Alberta
Food Regulation Act and the Alberta Gaming, Liquor and Cannabis
Commission.
GARAGE
Garage exteriors shall relate to the principal dwelling exterior by utilizing similar
design elements, colours, and finish materials.
Attached Garages:
a. Unless otherwise approved by the Municipal Planning Commission, an
attached garage may not exceed 50% of the dwelling gross floor area to a
maximum of 75m2 (800 sq. ft.), whichever is the lesser. Attached garages shall
not exceed 1 ½ stories or the height of the principal structure, whichever is
the lesser.
7.27.3.
Detached Garages:
a. The garage shall not exceed a maximum one storey or 5.00 meters in height,
measured to the peak of the roof.
b. Garages shall be located no closer than 1.50 meters from the side lot line
unless it is a mutual garage erected on the common property line. In the case
of a mutual garage the wall erected on the property line shall be constructed
of brick, stone, or equivalent fire resistant material. A party wall agreement,
satisfactory to the Development Authority, shall be signed by both owners
and registered against both property titles at the Land Titles Office.
c. Where a lane is provided, access to the garage must be off the lane or
flanking roadway.
d. When located on a corner lot, a minimum setback of 4.00 meters is required
from the property line to the entrance of the garage and a minimum setback
of 1.50 meters is required from the side wall of the garage to the rear property
line. Where a right-of-way exists along the rear property line, the garage
setback requirement may increase to ensure that the structure does not
encroach upon the right-of-way.
e. When the garage door is to face the lane, a minimum setback of 1.5 meters
is required between the entrance of the garage and the rear lot line. Where
a right-of-way exists along the rear property line, the garage setback
requirement may increase to ensure that the structure does not
encroach upon the right-of-way.
f.
When the garage door is to face a side lot line, a minimum setback of 6
meters is required between the entrance of the garage and the side lot line,
together with a setback of 1.50 meters required between the side wall of the
garage and the rear lot line. Where a right-of-way exists along the rear
property line, the garage setback requirement may increase to ensure that
the structure does not encroach upon the right-of-way. The separation
distance between the entrance of the garage and the side lot line may be
extended at the discretion of the Development Officer, to ensure that
Town of Three Hills Land Use Bylaw
81
vehicles may maneuver adequately to enter and leave the site.
g. In the case of an interior lot with no rear lane or flanking roadway, the garage
is to be set back a minimum 1.5 meters from the side property. Where a right-
of-way exists along the rear or side property line, the garage setback
requirement may increase to ensure that the structure does not encroach
upon the right-of-way. Where a site requires vehicular access to a garage
from the front street, one side yard setback for the principal building must be
a minimum of 3 meters.
GARAGE SUITE
A maximum of one (1) garage suite shall be restricted to a site occupied by a
single detached dwelling. A parcel containing a garage suite dwelling shall not
be allowed to have a secondary suite dwelling or garden suite dwelling.
A garage suite is an accessory building and shall be considered a discretionary
use requiring a development permit.
The maximum building height for
an
accessory
building
containing a garage suite is 7.5
m (25 ft) and shall not exceed
the
height
of
the
principal
building.
A garage suite developed on a
second
floor,
integral
to
a
detached
garage,
shall
be
situated so the location of the
exterior walls complies with the
regulations of the land use
district in which the garage suite
is located.
The garage suite dwelling shall have an entrance separate from the entrance
to the garage, either from a common indoor landing or from the exterior of the
structure.
In addition to the parking requirements for the principal use, or detached
dwelling, one (1) parking stall shall be required for a garage suite.
Garage suite exteriors shall relate to the principal dwelling exterior by utilizing
similar design elements, colours, and finish materials.
Windows shall primarily be located to face the interior of the lot or the lane so
as to protect the privacy of the neighbouring properties.
All construction for a garage suite dwelling must be in accordance with the
National Building Code - 2019 Alberta Edition, the Fire Code, and all Municipal
and Provincial regulations.
Garage suite dwellings are prohibited on a parcel containing multi-family
dwellings, including semi-detached, duplex, and row house dwellings.
Figure 20: Garage Suite
Town of Three Hills Land Use Bylaw 82
A garage suite dwelling shall not be subject to separation from the principal
dwelling through a condominium conversion or subdivision.
GARDEN SUITE
A maximum of one (1) garden suite shall be restricted to a site occupied by a
single detached dwelling. A parcel containing a garden suite dwelling shall not
be allowed to have a secondary suite dwelling or garage suite dwelling.
A garden suite is an accessory building and shall be considered a discretionary
use requiring a development permit.
A garden suite shall not exceed one (1) storey nor 5.0 m (16 ft) in height.
A garden suite shall be placed to the rear of the principal building with a
minimum separation distance of 2.4 m (8 ft) from the principal building
A garden suite shall be situated so that it is at least 1.5 m (5.0 ft) from the side
property boundary except that on a corner parcel, the garden suite shall be no
closer to the street or avenue than the primary dwelling.
A garden suite shall be 1.5 m (5.0 ft) from the rear property boundary.
The garden suite exterior shall relate to the principal dwelling exterior by utilizing
similar design elements, colours, and finish materials.
In addition to the parking requirements for the principal use, or detached
dwelling, one (1) parking stall shall be required.
All construction for a garden suite dwelling must be in accordance with the
National Building Code - 2019 Alberta Edition, the Fire Code, and all Municipal
and Provincial regulations.
Garden suite dwellings are prohibited on parcels containing multi-family
dwellings, including semi-detached, duplex, and row house dwellings.
A garden suite dwelling shall not be subject to separation from the principal
dwelling through a condominium conversion or subdivision.
GATES, WALLS, FENCES, HEDGES, OR OTHER MEANS OF
ENCLOSURE
No person shall construct a fence or wall or permit a hedge to grow on or over
public property.
In addition to the requirements of Section 7.52 SITE LINE CONTROL, no person
shall place or maintain any object, structure, fence, hedge, shrub or tree in or
on that part of a corner site, or on that part of a highway intersection, including
the intersection of two (2) lanes, a lane and a street or two (2) streets, which lies
within a triangle formed by a straight line drawn between two (2) points on the
exterior boundaries of said site, 3.0 m (10 ft) from the point where they intersect,
whether planted before or after the date of the passing of this Bylaw to ensure
good visibility for safe traffic flow.
Town of Three Hills Land Use Bylaw
83
No person shall construct a fence or wall, or permit a hedge to grow, or
combination thereof, in the front yard in a residential district higher than:
For internal lots 1.8 m (6.0 ft) in height for that portion of the fence or hedge
that does not extend beyond the foremost portion of the principal building
and 1.0 m (3.0 ft) for that portion of the fence or hedge that does extend
beyond the foremost portion of the principal building on the lot.
For corner lots 1.8 m (6.0 ft) for that portion of fence or hedge that does not
extend beyond the foremost portion of the principal building and 1.0 m (3.0
ft) for that portion of the fence that does extend beyond the foremost portion
of the principal building on the lot or on that part of a corner site, or on that
part of a highway intersection which lies within a triangle formed by a straight
line drawn between two points on the exterior boundaries of said site, 3.0 m
(10 ft) from the point where they intersect and shall comply with Section 7.52
SITE LINE CONTROL.
Fences and hedges on corner lots can be placed on the property line and shall
comply with Section 7.52 SITE LINE CONTROL.
No person shall construct a fence or wall or permit a hedge to grow or
combination thereof in the side or rear yard in a residential district, higher than
1.8 m (6.0 ft).
Where a property is located in any district other than a residential district:
the height of the fence shall be as approved by the development authority;
and
barbed wire shall only be permitted above 1.8 m (6.0 ft) on a fence at the
discretion of the Municipal Planning Commission.
Notwithstanding Section 7.30.5, where a property has a boundary adjacent to
a residential district that boundary shall comply with the applicable residential
regulations within Section 7.30.
Barbed wire and electric fences are prohibited in residential districts.
The height of fences and hedges shall be measured from grade.
The approving development authority may require screening in the form of
fences, hedges, landscaped berms or other means along the property lines of
all commercial and industrial parcels where such property lines are adjacent to
a residential use or are adjacent to lanes or roads that abut a neighbouring
residential parcel.
HOME OCCUPATIONS
General Standards for Home Occupations
a. A home occupation, notwithstanding its inclusion in any land use district as a
permitted or discretionary use, constitutes a conditional right to use property,
provided that such use is in accordance with the regulations contained in
this section.
Town of Three Hills Land Use Bylaw 84
b. All home occupations shall comply with the following:
i.
no person shall operate or permit or allow the operation of a home
occupation without being the holder of a valid or approved home
occupation permit;
ii.
an application for a development permit for a home occupation shall
be made by submitting to the Development Officer on the prescribed
form which shall, among other things include:
iii.
a detailed description of the home-based business including the
materials and equipment proposed to be stored on site;
iv.
the number of vehicles related to the business;
v.
the amount of client contact proposed at the site; and
vi.
the hours of operation.
c.
where the applicant for the home occupation is not the registered owner of
the land, the applicant shall provide the Development Officer with written
authorization for the home occupation application from the registered
owner(s);
d.
the Development Officer shall consider and decide on all home
occupation permit applications.
e.
a home occupation permit will remain in effect, provided the home-based
business does not change and all requirements and conditions of the
development permit have been satisfied;
f.
a development permit is based solely on the location of the use. If a permit
holder relocates within the town, the permit holder must apply for a
development permit to continue the use from the new location;
g.
a home occupation may not result in a disturbance to the peace and quiet
or other amenities of the neighbourhood, nor may it cause the emission of
dust, noise, odour, smoke, electronic interference, bright lights, or other
nuisance;
h.
a home occupation may be accommodated in a private garage,
provided however, that it does not prevent the continued use of the
garage for the intended purpose of parking motor vehicles and that the
parking requirements of any bylaw continue to be met;
i.
an approval of a home occupation use does not exempt the applicant
from compliance with any of the following:
i.
federal or provincial regulation, including but not limited to Daycare
Regulation and the Public Health Act; and
ii.
municipal bylaws or regulations, including but not limited to the Town
Business License Bylaw.
l.
exterior alterations, additions, or renovations relating to the home-based
business are prohibited;
m. interior alterations, additions, or renovations relating to the home-based
Town of Three Hills Land Use Bylaw
85
business may be allowed, provided they comply with the town's bylaws
and the National Building Code - 2019 Alberta Edition;
n. there shall be no storage or use of hazardous, noxious or dangerous goods
in connection with any home occupation;
o. no commodity other than the product or service of the home occupation
shall be sold on the premises;
p. applications for development permits for home occupations may be
refused, if in the Development Officer's or the Municipal Planning
Commission's opinion, such use is more appropriately and compatibly
located in a non-residential district.
q.
a home occupation shall have no exterior signage, display, or advertising
other than one (1) non-illuminated business identification plaque or sign with
a maximum face area of 0.37 m2 (4.0 ft2). This sign may be either:
i.
affixed to the principal building;
ii.
painted onto a window; or
iii.
a freestanding sign located a minimum of 1.5 m (5.0 ft) from the lot
line
Notwithstanding Section 7.31.3.ii.g., a home occupation located on a corner
lot shall have no exterior signage, display or advertising other than two (2)
non-illuminated business identification plaques or signs each having a
maximum face area of 0.37 m2 (4.0 ft2). Each frontage is permitted one (1)
sign. This sign may be either:
i.
affixed to the principal building;
ii.
painted onto a window; of
iii.
a freestanding sign located a minimum of 1.5 m (5.0 ft) from the lot
line
Roof signs shall not be permitted for a home occupation.
Home Occupation - Class 1
To receive approval as a home occupation - class 1, a home occupation
must comply with the following:
i.
the home occupation shall be an incidental and subordinate use to
the principal residence and shall be contained within an area or room
designated as an office within the principal building;
ii.
the home occupation involves a limited volume of on-premise sales;
iii.
the home occupation does not involve the outdoor storage of
materials, goods, or equipment related to the business on the site;
iv.
the home occupation does not involve the display of goods on the site;
and
v.
the operation of a home occupation - class 1 shall not:
increase the need for parking or result in any traffic generation;
Town of Three Hills Land Use Bylaw 86
require alterations to the principal building; or
include the direct sale of goods to walk-in clientele.
Employees working at the home-based business location (on-site) shall be
limited to those living in the residence.
Home Occupation - Class 2
A home occupation - Class 2 is allowed in several land use districts to provide
for the potential of operating more intensive home-based businesses than
home occupation - Class 1 operations.
To receive approval as a home occupation - Class 2, a home occupation
must comply with any or all of the following:
involves the use of equipment or tools in addition to what is permitted
for a home occupation Class 1, or that the home occupation use
occurs in more than one room within the dwelling unit or within an
accessory building located on the same parcel as the dwelling unit;
involves a limited volume of on-premise sales;
involves storage of materials or equipment related to the business not
exposed to public view;
involves limited display of goods inside the dwelling or an accessory
building on the parcel;
a home occupation - Class 2 may involve any of the following:
1) producing and selling of a commodity;
2) repair and/or maintenance services;
3) instruction of a maximum of five (5) students at one time;
4) any personal services;
5) pet care service; or
6) day home
iv.
a home occupation - Class 2 results in a limited increase in traffic to
the residential neighbourhood;
v.
a home occupation - Class 2 shall not have more than one (1)
commercial vehicle used in the operation of the home-based
business, and shall be parked on site and must comply with the
following:
1) the one (1) commercial vehicle used in the operation of the
home-based business shall conform to the Town Traffic Bylaw;
2) in a residential district, the one (1) commercial vehicle shall be
restricted to a maximum gross vehicle weight of 7,500 kg (20,938
lbs.);
3) the home-based business shall not create a level of additional
Town of Three Hills Land Use Bylaw
87
traffic or parking in the opinion of the Development Officer,
which will be detrimental to the amenities and safety of residents
in the vicinity of the parcel; and
4)
these restrictions do not apply to holiday trailers, motor homes, or
campers which are subject to the provisions of Section 7.51.
vi.
a home occupation - class 2 shall not employ more than one (1) paid
full time equivalent employee who does not reside on the site.
KENNEL
A kennel is a use within the I1 - Industrial General District and I3 - Industrial Light
District of this Bylaw.
A kennel may provide for the incidental sale of products relating to the services
provided by the use.
A kennel may include outside enclosures, pens, runs, or exercise areas.
A kennel must be a minimum distance of 150 m (492 ft) from a residential district,
which must be measured from the property line of the use to the nearest
property line of a parcel designated as a residential district.
Any person wishing to operate a kennel must obtain a development permit from
the Town which shall be issued upon payment of the specified fee, provided
that the proposed kennel meets the requirements of all applicable laws
governing kennels, including compliance with the town's current Business
License Bylaw and Animal Control Bylaw.
LANDSCAPING
The purpose of this Section is to
enhance the visual appearance of
any new development or when an
existing development is changed.
General Landscaping Regulations
All new development, or existing
development
that
are
substantially
altered,
shall
be
required to follow the landscaping
requirements as set out in Section
7.33.
Unless otherwise specified in Section 9, the areas of the site subject to the
landscaping requirements include all areas of a site not covered by buildings,
driveways, parking areas, storage, and display areas.
For any new development consisting of single detached dwellings, semi-
detached dwellings, or duplex dwellings landscaping requirements shall be
provided within the front yard only and consist of the following:
Figure 21: General Landscaping
Town of Three Hills Land Use Bylaw 88
provided within the front yard only and consist of the following:
a. A minimum of one (1) tree.
b. Poplar and Willow trees shall not be permitted.
With the exception of Section 7.33.3, a minimum overall density of one tree per
50 m2 (538 ft2) of the required landscaped area (10% of the site area) shall be
required in the applicable district. The following conditions shall apply:
a. A minimum of 33% coniferous trees.
b.
A minimum height of 1.5 m (5.0 ft) for deciduous trees and 1.2 m (4.0 ft) for
coniferous trees.
c.
all soft surfaced landscaped areas must be irrigated by some means
(manual irrigation or an underground irrigation system).
d.
Trees shall be located in the front of the site in commercial and industrial
districts whenever possible.
A maximum of 15% of the required landscaped area may be hard landscaped
in residential and commercial districts and a maximum of 30% of the required
landscaped area may be hard landscaped in industrial districts, or at the
discretion of the development authority.
a. Existing trees and large shrubs should be preserved, protected, or replaced.
b. Trees removed or damaged by development activities on municipal
property may be required to be replaced, at the discretion of the town.
c. An area required to be landscaped may, at the discretion of the
development authority, be left in its natural state or be loamed and planted
with grass, trees, shrubs, and/or flowers, or similar materials or a combination
thereof which enhance the appearance of the site and which complement
the development thereon.
d. At the discretion of the development authority, all landscaping shall be
protected by concrete curbs or other approved barriers having a minimum
height of 140 mm (6 in) or separated from the street or parking area by a
paved curbed sidewalk.
e. All boulevards shall be seeded or sodded, excepting those ditch areas
required for drainage. Any surface treatment other than grass or any tree
planting on the boulevards shall require prior approval of the town.
f.
Appropriate screening shall be provided, through use of vegetation, of
outside storage areas, parking facilities, and loading areas from adjacent
buildings and public roadways, and where space permits, trees and shrubs
shall be planted in groups.
g. At the discretion of the development authority, existing soft landscaping
retained on site may be considered in the fulfilment of the total landscaping
requirement.
h. The use of native drought resistant plant materials shall be encouraged
where possible.
Town of Three Hills Land Use Bylaw
89
i.
The planting of trees or other plant material shall not be permitted within any
utility right-of-way.
j.
For all multiple housing developments, including attached dwellings (e.g. row
housing, fourplexes), and apartments, landscaping should be designed to
encourage the protection of the privacy of residences with windows on the
main floor or in basements. This may include plantings around lower level
windows and the design of walkways that maintain a separated distance
from such windows.
k. A sufficient depth of topsoil to facilitate growth in the soft landscaped areas
shall be provided, with areas not planted to trees and shrubs being seeded
to grass, sodded, or left with its natural grass cover.
l.
Commercial and industrial developments which are adjacent to residential
land use districts must be designed and intensively landscaped to mitigate
their impact on residential properties to the satisfaction of the development
authority. This includes the appropriate screening of outside storage areas,
parking facilities, and loading areas.
m. In commercial and industrial districts adjacent to major roads, the
development authority may require a higher standard of landscaping.
n. Landscaping shall be completed by the end of the first full growing season
following completion of construction or the commencement of the use. For
phased developments, each phase of landscaping shall be completed by
the end of the first full growing season following completion of that phase of
development.
o. In addition to the on-site landscaping requirements, grassed areas on Town
boulevards that adjoin the site shall be landscaped and maintained by the
developer and successor. Trees located on Town boulevards will be
maintained by the Town.
p. Natural drainage courses shall be retained in their natural state as part of the
landscaped area, at discretion of the development authority in consultation
with Town Administration.
q. No poplar or willow shall be considered for use because of their root system's
detrimental effect on municipal infrastructure.
r.
When providing plant material in the vicinity of busy roadways, salt tolerable
plants shall be considered.
Environmental Conservation and Protection of Natural Areas
On-site environmental conservation and protection of natural areas shall be
encouraged wherever possible in all new and existing developments. To the
satisfaction of the development authority, in consultation with Town
Administration, the following natural elements shall be conserved to the
greatest extent possible:
i.
swamps, and natural drainage courses;
ii.
unstable land;
iii.
land subject to flooding by a 1:100-year flood; and
Town of Three Hills Land Use Bylaw 90
iv.
existing trees and shrubs.
Any healthy, mature tree that is required to be removed to allow for a
development shall be replaced at a minimum ratio of 1:1 (new tree: existing
tree), in addition to the landscaping requirements as set out in Section 7.33.
Landscape Plan
No person shall undertake any landscaping activities on public property,
without prior written approval from the Town.
A landscaping plan shall be required for all new development. No
landscaping work shall be commenced unless the landscaping plan is
approved by the Development Authority. The level of information provided
in the landscaping plan shall be at the discretion of the development
authority and shall include the following:
i.
boundaries and dimensions of the site and adjacent land uses;
ii.
location of adjacent sidewalks, trails, driveway entrances, alleys, and
the location and name of adjacent streets;
iii.
footprint and dimensions for all buildings or structures;
iv.
location of any utility lines or rights-of-ways;
v.
location and description or illustrations of all existing or proposed
physical features, including fences, flower beds, berm contours,
permanent outdoor furniture, decorative paving, water features; or
vi.
location of all existing and proposed plant materials, with a
descriptive list identifying the common and botanical name, quantity,
and size at planting.
Low Water Landscaping
a. Aesthetic site landscaping techniques with low water and maintenance
requirements is encouraged. Low water landscaped areas may be covered
by a combination of sod, trees, shrubs, perennials, mulch, or other hard
landscaping materials, as identified below. The following tables provide
examples of low water tree, shrubs and perennials but is not exhaustive.
Planting Guidelines
To prevent the planting of tree(s) or plant material from interfering with the
Town's infrastructure, such as roads, sidewalks, underground utilities, or
overhead utilities, all new development, or when existing development is
substantially altered shall take into consideration the planting guidelines in
accordance with the standards of the Town.
LIGHTING
Outdoor Lighting
The intent of Section 7.34 is to encourage lighting practices and systems that
minimize light pollution, glare, and light trespass into neighbouring properties,
Town of Three Hills Land Use Bylaw
91
while maintaining nighttime, on-site safety and security during evening
operation hours. The intent is to ensure that all light fixtures are installed to
maximize their effectiveness and to minimize their adverse impact beyond
the targeted property. It is not the intent of this Section to require that
complete screening of indirect light on adjacent properties or to eliminate all
light trespass but to minimize light trespass and to avoid direct glare onto
surrounding neighbourhoods or sites.
The following regulations shall apply to outdoor lighting:
a. all developments shall use outdoor light fixtures that direct the light
downward;
b. the source of illumination shall be of a light source that the applicant can
demonstrate to the satisfaction of the development authority, is required
for the lot;
c. direct glare shall not be visible to adjacent buildings or nearby land or be
perceptible to persons operating motor vehicles on public roadways;
and
d. flickering and flashing lights are prohibited, excluding seasonal lighting of
a temporary nature.
Lighting for Outdoor Recreational Facilities
Lighting for outdoor recreational facilities shall be designed, installed, and
operated to confine a minimum of 90% of the illumination to the recreational
area. Recreational facility fixtures shall be elevated on poles or structures so
that illumination is directed downward. No illumination may extend above a
horizontal plane into adjacent properties from the lighting fixture. Illumination
from recreational facility fixtures shall be shielded to minimize glare extending
toward roadways or other places where impairment of motorists' vision might
cause hazard.
Lot Lighting Plan
As a condition of development permit approval, the development authority
may require a lot lighting plan, prepared by a qualified professional, which
will contain one (1) or more of the following:
i.
a description of each proposed light fixture including details
regarding lamp type reflectors, optics, angle cut off, lumen outputs,
proposed installation height, and shielding accessories;
ii.
a plan of the lot and surrounding area, which shows the location of all
light fixtures;
iii.
foundation details for light poles; or
iv.
description of any measures taken to shield direct glare onto
adjacent properties.
Town of Three Hills Land Use Bylaw 92
LIQUOR STORE
An application for a Liquor Store shall include the following;
a. demonstrated compliance with the Federal and Provincial Legislation;
Supplementary information and/or studies may be required. Additional
information and studies will be determined on a case-by-case basis.
Liquor Stores shall be limited to the C2-Commercial Central District, I1-Industrial
General District and C3-Commercial Highway District.
Any new development containing liquor sales, must follow all mandates and
regulations set out by the Alberta Gaming, Liquor and Cannabis Commission
(AGLC).
The development authority at its discretion may require lighting, signage, or
screening measures that make the proposed development compatible with
adjacent or nearby residential, mixed use, or commercial development.
MANUFACTURED HOME DESIGN
The external appearance of manufactured homes not located in the R1 -
Residential District or R3 - Residential Manufactured Home District must be
acceptable to the Development Authority having regard to compatibility with
other buildings in the vicinity and must have:
a permanent foundation consisting of a basement, crawl space or slab on
grade;
a total age of no more than five (5) years at the time the manufactured home
is located on the lot, unless approved by the development authority; and
meet current Canadian Standards Associated (CSA) certification at the time
the manufactured home is located on a lot.
All accessory structures such as patios, porches, additions, and skirting shall be:
factory prefabricated units or the equivalent thereof, and so designed and
erected as to harmonize with the manufactured home; and
considered as part of the main building.
The floor area of porches and additions shall not exceed the floor area of the
manufactured home unit.
The design, character, and appearance of the manufactured home must:
be of high quality design and relate to its surroundings;
be consistent with the purpose of the land use district in which the building is
located;
be compatible with adjacent residential development in terms of massing,
building envelope, proportion, height, and scale;
Town of Three Hills Land Use Bylaw
93
shall be compatible with, and sensitive to the surrounding streetscape;
utilize window forms, sizes, and styles which complement those on adjacent
residential development; and
the main entrance shall be located on the front elevation/façade and shall
be visibly dominant. Emphasis of the main entrance shall be achieved
through elements such as covered porches, double doors, side lights, and
side windows.
MEDICAL MARIJUANA FACILITY
Medical marijuana facilities shall be limited to parcels designated as I1 -
Industrial General District west of the CN Railway line.
Medical marijuana facilities shall not be located closer than 150 m (492 ft) to any
site being actively used for a residential dwelling, community or recreation
activities, public parks, playgrounds and play areas, daytime child care services,
libraries and cultural facilities, religious assemblies, or public or private education
uses at the time of the application for the development permit for the medical
marijuana facility. For the purposes of this subsection only:
the 150 m (492 ft) 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 district boundaries or from the
edges of structures; and
the term "public or private education facilities" is limited to elementary
through to high school inclusive, and does not include dance schools, driving
schools, or other commercial schools.
All activities related to the medical marijuana facility shall occur within a fully
enclosed stand-alone building, including but not limited to loading, receiving,
and shipping of medical marijuana and any other goods, materials, and
supplies.
The medical marijuana facility shall be the only use permitted on a parcel with
an allowance for an accessory structure on the parcel.
There shall be no outdoor storage of goods, material, or supplies.
Garbage containers and waste material shall be contained within an enclosed
building.
A copy of the current license for the medical marijuana facility as issued by
Health Canada shall be provided to the development authority prior to the
operation of the facility.
Performance Standards
No use or operation shall cause or create conditions that may be
objectionable or dangerous beyond the building that contains it, such as the
following:
i.
noise;
Town of Three Hills Land Use Bylaw 94
ii.
odour;
iii.
environmental impacts;
iv.
heat; or
v.
brightness of light sources.
MOTELS
A person applying to develop a site as a motel where permitted under this
Bylaw, shall comply with the following provisions:
Interpretation
For the purposes of Section 7.38, a rentable unit means a separate unit
on a motel site used or intended to be used for the dwelling
accommodation of one or more persons.
Site requirements for motels are identified in the Table below:
Table 1: Site Requirments for Motels
Minimum Site Area/Unit
Yard
Minimum Floor Area/Unit
One Storey - 140 m2 (1,597 ft2)
Front - 7.6 m (25 ft)
Side - 3.0 m (10 ft)
Rear - 3.0 m (10 ft)
26.5 m2 (285 ft2)
Two Storey - 93 m2 (1,001 ft2)
Front - 7.6 m (25 ft)
Side - 3.0 m (10 ft)
Rear - 3.0 m (10 ft)
26.5 m2 (285 ft2)
Each rentable unit shall face onto or abut a driveway not less than 6.0 m (20 ft)
in width and shall have unobstructed access thereto.
Not more than one (1) motor vehicle entrance and one (1) motor vehicle exit to
a public roadway, each of a minimum width of 7.6 m (25 ft), measured at its
minimum dimension shall be permitted, provided that one combined motor
vehicle entrance and exit shall be permitted, not less than 9.0 m (30 ft) in width.
Refer to Section 7.55 for parking requirements.
MULTIPLE UNIT DEVELOPMENT DESIGN GUIDELINES
Elements such as massing, materials, windows, canopies, and roof forms should
be used to help ensure continuity of form between buildings having potentially
different styles.
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95
Buildings in view of single
detached
dwellings
should be massed and
articulated
to
be
consistent with the single
detached dwelling form.
Definition of individual
units, especially at the
street level and in vertical
direction, is encouraged.
Building façades above the second storey should be set back from the façade
of the storey below.
Sloped roofs are encouraged. Roofs should have pitches of at least 4:12 and
not more than 12:12 and should reflect the roof form of single detached
dwellings in the area.
Entrances to individual units should be visually prominent from the front façade
or from the inner façade fronting on a common open space.
On-site exterior lighting of buildings, parking areas and amenity spaces should
be shielded to prevent spill over onto neighbouring properties.
The exterior walls should have a finished surface comprised of materials
representative of the local single detached dwelling neighbourhood.
For sloped sites, large expanses of wall in a single plan should be avoided.
Articulated façades, upper floor setback, stepped building levels, and roof
forms in response to the topography are encouraged.
MULTIPLE USES
Where any land or building is used for more than one (1) purpose, all provisions
of this Bylaw relating to each use shall apply. If there are conflicts between
standards for individual uses, the more stringent standards shall apply.
NUMBER OF BUILDINGS ON A PARCEL
A development permit shall not be issued for more than one (1) main building
on an un-subdivided parcel, except where it is proposed to develop more than
one (1) main building to form a single, unified group of buildings.
The number of dwelling units permitted on a parcel shall be limited to one (1),
except where:
in the opinion of the development authority, either:
i.
the building is clearly designed to be divided into more than one (1)
dwelling;
ii.
the development of the parcel is clearly designed to include more
than one (1) dwelling;
Figure 22: Multi Unit Development
Town of Three Hills Land Use Bylaw 96
iii.
it is a building, as defined in the Condominium Property Act, that is the
subject of a condominium plan to be registered in a Land Titles Office
under that Act;
iv.
it is a secondary suite that meets the regulations of Section 7.50;
v.
it is a garage that meets the regulations of Section 7.28; or
vi.
it is a garden suite that meets the regulations of Section 7.29.
the use conforms to the uses prescribed in the specific district in which the parcel
is located;
subject to Sections 4.7, 4.8, 4.9 and 4.10, the development complies with the
provisions of this Bylaw; and
a development permit is issued for the use.
PET CARE SERVICE
Must not have any outside enclosures, pens, runs, or exercise areas.
Any person wishing to operate a pet care service must obtain a development
permit from the Town which shall be issued upon payment of the specified fee,
provided that the proposed pet care service meets the requirements of all
applicable laws including compliance with applicable Town bylaws.
When located within a residential district the pet care service shall be limited to
single detached dwellings and shall comply with the requirements of Sections
7.31.2 and 7.31.3.
PORTABLE GARAGE
A portable garage shall only be permitted on a parcel occupied by a single
detached
dwelling,
semi-detached
dwelling,
row
house
dwelling,
manufactured home, or manufactured home park. A portable garage shall be
considered an accessory building and shall comply with the Sections 7.2.1 and
7.2.2.
Notwithstanding Section 7.2.2.(n), a portable garage shall require a
development permit.
The maximum area for a portable garage on a parcel shall not exceed 26 m2
(280 ft2).
There shall only be one (1) portable garage per parcel in all residential districts,
excepting manufactured home parks.
A portable garage shall only be located within the rear yard setback, except
for a manufactured home park where a portable garage may be located in
the side yard.
Portable garages shall be prefabricated and shall consist of a tubular metal
frame covered with a flame-resistant fabric or film.
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97
A portable garage shall not be connected to any utilities.
Portable garages shall be securely anchored to the ground; and must not be
fastened to any public utility equipment.
Portable garages shall be used solely for the storage of non-combustible
objects.
Portable garages shall be constructed and oriented in such a manner that snow
and ice is to fall, and remain, on the owner's property.
Portable garages shall be maintained in a good state of repair. Should the
portable garage become torn or unsightly it shall be required to be removed
from the site.
PRIVATE SWIMMING POOLS, HOT TUBS AND SPAS
Privately owned swimming pools, hot tubs, and spas shall:
require a building permit;
in ground pools require a building and development permit;
be sited as per the siting requirements for accessory buildings in Section 7.2;
be constructed in accordance with the National Building Code - 2019
Alberta Edition safety requirements; and
Require appropriate building, electrical, gas and plumbing permits.
The fence and gate around a swimming pool or a private swimming pool shall
be constructed so that all horizontal and diagonal members are located on the
swimming pool side.
Barbed wire shall not be used on or for a fence or gate around a swimming pool
or private swimming pool.
No device shall be installed on or adjacent to a fence or gate around a
swimming pool or a private swimming pool that could cause an electric current
to pass through the fence or gate.
Swimming pools and hot tubs shall not be located within any front yard or
required side yard.
Outdoor installations must satisfy minimum clearance requirements for all
overhead and underground power lines.
PUBLIC UTILITY
Public utility buildings, facilities, equipment, lots, and easements are permitted
uses in all districts, except as specifically regulated elsewhere in this Bylaw.
A public utility building, facility, or equipment located in any district shall:
as far as possible have the appearance and aesthetic of the uses permitted
in the district;
Town of Three Hills Land Use Bylaw 98
meet the setback requirements of the district or meet setback requirements
that are satisfactory to the Municipal Planning Commission; and
have landscaping that reflects the typical landscaping in the district.
RECREATIONAL VEHICLES IN RESIDENTIAL DISTRICTS
The parking of recreational vehicles on a site shall only be allowed for sites with
a single detached dwelling.
Subject to Section 7.46.1, a person may park a recreational vehicle in the
required front yard setback on a hard-surfaced driveway or pad from May 1 to
October 20 of each calendar year providing:
a. all portions of the recreational vehicle are set back a minimum of 1.0 m (3.0
ft) from the back of the sidewalk or the curb, where there is no sidewalk;
b. the recreational vehicle shall be parked parallel to the driveway; and
c. no complaints are received from immediate adjoining or opposite
landowners.
A person shall not park a recreational vehicle in the required front yard setback
from October 21 to April 30 of each calendar year.
Notwithstanding Section 7.46.3, application may be made to the Municipal
Planning Commission, for those residences existing prior to the adoption of this
Bylaw, to allow for the parking of a recreational vehicle in the front yard setback
from October 21 to April 30 for those parcels that are unable to park a
recreational vehicle in the rear yard.
On a lot that has access to a lane, a person may park a recreational vehicle
year around on a pad within the rear yard setback or on the driveway to a rear
detached garage.
On a lot that has no access to a lane, where there is available space between
the side property boundary and the dwelling to access the rear yard from the
front roadway,
On a corner lot with no access to a lane, a recreational vehicle may be parked
year-round on a pad:
a. in the rear yard at the discretion of the Municipal Planning Commission,
taking into consideration access and adjacent properties; or
b. in the front flanking yard providing:
i.
visibility when egress in a vehicle from an adjacent property is not
impaired;
ii.
vehicular visibility at an intersection is not impaired;
iii.
sight triangles are maintained as specified in Section 7.52 SIGHT LINE
CONTROL of this Bylaw; and
iv.
the portion of the front flanking yard in which the recreational vehicle
is located shall have a 1.8 m (6.0 ft) fence to allow for visual screening
Town of Three Hills Land Use Bylaw
99
from the adjacent roadway.
RELOCATION OF BUILDINGS
Unless a development application has been approved by the Municipal
Planning Commission, no person shall:
move a building onto or remove a building from a parcel of land that had
been previously erected or placed on a different parcel; or
alter the location on a parcel of a building which has already been
constructed on that parcel.
In addition to the requirements of Section 4.6, an application for a development
permit shall be accompanied with:
recent colour photographs showing all sides of the building;
a statement on the age, size, and structural condition of the building
prepared by a licensed building inspector that identifies improvements
needed to meet current code requirements; and
a statement from the builder of proposed improvements to the building.
An application for a development permit may be approved by the Municipal
Planning Commission if the proposal meets all regulations specified under the
appropriate land use district in which the proposed building is to be located.
All structural and exterior renovations shall be completed within one (1) year of
the date of issuance of a development permit, or as may be extended by the
Municipal Planning Commission.
Where a development permit has been granted for the relocation of a building
on the same site or from another site, the Town may require the applicant to
provide a letter of credit in the amount of $10,000.00 ($1,000.00 if the building to
be relocated is accessory to a dwelling) to ensure completion of any
renovations set out as a condition of approval of a permit.
Relocated buildings and structures must be consistent in form and character
with the predominant form and character of the structures and developments
in the area which the structure is moved to.
SATELLITE DISH ANTENNAS AND COMMUNICATION TOWERS
The following rules apply to satellite dish antennas:
A satellite dish antenna is an accessory use, which requires an approved
development permit, unless the satellite antenna has a dish diameter of less
than 1.0 m (3.0 ft) and conforms with the requirements in Section 4.2.1.i.
A satellite dish antenna shall only be located in a rear yard, or a side yard
that does not abut a street.
On an interior parcel, a satellite dish antenna shall be situated so that no part
of it is closer than 1.0 m (3.0 ft) from the side or rear boundaries of the parcel.
Town of Three Hills Land Use Bylaw 100
On a corner parcel, a satellite dish antenna shall be situated so that no part
of it is closer to the street than the main building, or closer than 1.0 m (3.0 ft)
from the other side parcel boundary or the rear parcel boundary.
Where any part of a satellite dish antenna is more than 4.0 m (13 ft) above
grade level, or when it is located other than described in Section 4.2.1.i., it
shall be both screened and located to the satisfaction of the Municipal
Planning Commission.
A dish antenna structure less than 1.0 m (3.0 ft) in diameter may be secured
to any wall or roof of a principal or accessory building.
No advertising other than the manufacturer's name/logo shall be allowed on
a satellite dish antenna.
The illumination of a satellite dish antenna is prohibited.
The following rules apply to communication towers:
All communication towers over 15.0 m (49.21 ft) require a letter of
compliance from the Town.
All communication tower permit applications shall include a site plan drawn
to an appropriate scale identifying site boundaries; tower elevations; guy
wire anchor locations; existing and proposed structures; vehicular parking
and access; existing vegetation to be retained, removed, or replaced; and
the uses and structures on the parcel and abutting parcels.
Industry Canada is responsible for regulating radio communication in
Canada and for authorizing the location and height of radio communication
facilities, including radio, television, and microwave transmission facilities.
The participation of the Town in the consultation process does not transfer
any federal decision-making authority, nor does it confer a right of veto in the
location of the radio communication facility.
The Town recommends to Industry Canada that:
i.
A communications tower and antenna shall only be located in a rear
yard, or a side yard that does not abut a street.
ii.
The height of the tower structure is limited to the maximum height limit
of the respective district, but antennas may be situated above that,
or at the discretion of the Development Authority.
iii.
Unless demonstrated as impractical, communication towers shall be
mounted on existing structures, including buildings or towers, or within
transportation and utility corridors.
iv.
On a corner parcel, a communications tower shall be situated so that
no part of it is closer to the street than the main building.
v.
A communications tower base shall be set back from abutting parcels
and roadways by a minimum distance of 20% of the tower height or
the distance between the tower base and the guy wire anchors,
whichever is greater.
vi.
The appearance of a communications tower, including but not
Town of Three Hills Land Use Bylaw
101
limited to landscaping and fencing shall be to the satisfaction of the
Municipal Planning Commission.
A community consultation process must be undertaken prior to an
application being made to the Town.
SCREENING AND GARBAGE STORAGE
Garbage and waste material must be stored in weather-proof containers and
be accessible for easy pickup. All outside garbage containers and garbage
areas shall be visually screened from adjacent lots and public thoroughfares,
excluding lanes, using building materials and vegetation to the satisfaction of
the development authority, in consultation with Town Administration.
SECONDARY SUITE
Only one (1) secondary suite shall be permitted on a site occupied by a single
detached dwelling. A secondary suite shall not be permitted on the same site
as a garage suite, garden suite or bed and breakfast establishment.
A secondary suite shall be considered a discretionary use and shall require a
development permit.
Secondary suites are prohibited in multi-family dwellings, including semi-
detached, duplex, and row house dwellings.
The maximum floor area of the secondary suite shall be as follows:
in the case of a secondary suite located completely below the first storey of
a single detached dwelling (other than stairways or a common landing), the
floor area (excluding the area covered by stairways) shall not exceed the
floor area of the first storey of the associated principal dwelling; or
in the case of a secondary suite developed completely or partially above
grade, the floor area (excluding the area covered by stairways) shall not
exceed 40% of the total floor area above grade of the building containing
the associated principal dwelling.
The minimum floor area for a secondary suite shall be not less than 30 m2 (323
ft2).
All construction for secondary suites must be in accordance with the National
Building Code - 2019 Alberta Edition, the Fire Code, and all Municipal and
Provincial regulations.
A secondary suite must have direct access from grade and shall not be located
on any front building elevation facing a public street. Notwithstanding this, a
single-entry door providing access to an enclosed, shared landing area from
which both the main dwelling unit and the secondary suite gain access, may
be located on any front building elevation facing a public street.
Town of Three Hills Land Use Bylaw 102
In addition to the parking requirements for the principal use, or detached
dwelling, one (1) parking stall shall be required for a secondary suite or at the
discretion of the Municipal Planning Commission.
A principal building containing a secondary suite shall not be converted into
condominiums; ownership of a property containing a secondary suite must be
an undivided fee simple.
A secondary suite shall create minimal structural changes to the front exterior of
the principal building, which shall appear as a single dwelling unit.
A secondary suite shall have full utility services through service connections from
the principal residence.
Notwithstanding 7.50.11, the approving development authority, in consultation
with Town Administration, when deciding on a development application for a
secondary
suite,
may
consider
separate
utility
connections
and/or
arrangements for separating utility bills.
SERVICE STATIONS
Service stations, where permitted by this Bylaw, shall comply with the following
standards:
Minimum requirements:
i.
the minimum site area shall be 557 m2 (5,996 ft2);
ii.
no part of a service station building, or any pump island, shall be
within 6.0 m (20 ft) of side or rear property lines; and
iii.
front yard of no less than 10.6 m (35 ft) with no pumping island closer
than 4.5 m (15 ft) to the front property line.
The boundaries of a service station site, other than those fronting streets, shall be
fenced at the discretion of the development authority.
Service stations that include a carwash:
Site area:
The minimum site area shall be 1,115 m2 (12,002 ft2) and shall contain
parking space for three (3) vehicles prior to their entry into any part of
the cleaning process for which they are bound.
Site and building requirements:
The site and all improvements thereon shall be maintained in a clean and
tidy condition, free from rubbish and debris.
Waste receptacles for customer use for the purpose of disposing of rubbish
and debris shall be provided as required by the development authority.
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103
SIGHT LINE CONTROL
On corner lots in all districts, except the C2 - Central Commercial District, every
development shall provide a clear line of sight for motorists approaching a
highway intersection, including the intersection of two lanes, a lane, and a street
or two (2) streets, in accordance with Section 7.52.2.
Within a triangle, formed by a straight line drawn
between two (2) points on the exterior boundaries
of said site, 3.0 m (10 ft) from the point where they
intersect, no person shall place or maintain any
object, structure, fence, hedge, shrub or tree in or
on that part of the formed triangle, whether
planted before or after the date of the passing of
this Bylaw.
SITE DIMENSIONS
No permit shall be issued for any development on
a site, the area or width of which is less than the
minimum prescribed for the district in which the site is located, except that a lot
of separate record in the Land Titles Office containing less than the required
minimum area or width may be used subject to the discretion of the approving
development authority if all requirements of this Bylaw are observed.
Public lands which are described on title as Reserve (R), Municipal Reserve (MR),
School Reserve (SR), Municipal School Reserve (MSR), Environmental Reserve
(ER), or Public Utility Lot (PUL) are not required to conform to minimum width or
area requirements of any land use district.
SITE SERVICING
The developer shall provide site servicing plans and as-built site servicing plans
for multi-residential, commercial, and industrial sites
prepared
by
a
professional engineer licensed in that discipline by APEGA and that meets the
Town Engineering Design and Construction Standards.
A surety in form of an irrevocable letter of credit or cash security is required for
all developments to ensure that the infrastructure construction meets the Town's
standards. In addition, the development authority shall require:
The developer to provide on-site servicing and internal roads constructed in
accordance with the Engineering Design and Construction Standards.
A development shall not be permitted until satisfactory arrangements have
been made by the developer for the supply of water, electric power,
sewerage, and street access to the development including payments of
costs of installing or constructing any such utility or facility by the developer.
All shallow utility services (e.g., electrical, gas, telecommunication, and cable
TV) shall be underground.
Figure 24: Formed Triangle
Town of Three Hills Land Use Bylaw 104
The developer shall, during construction and installation of the municipal
improvements, provide inspection services to the Town's satisfaction,
supervised by a resident engineer. The installation of municipal improvements
must meet Engineering Design and Construction Standards before a
Construction Completion Certificate (CCC) will be issued by the Town. The
warranty period for each improvement shall be as found in the Engineering
Design and Construction Standards. The developer shall also obtain a Final
Acceptance Certificate from the Town for completed on-site servicing and
roads prior to the release of any security.
TEMPORARY BUILDING
The development authority may approve a development permit for a
temporary building to be placed on a site, and may include conditions
concerning:
the size, height, appearance, and location of the building; and
the length of time within which the building may remain erected to a
maximum of 12 months.
Soft-sided or fabric-covered shelters shall not be permitted on a site in a
residential district, with the exception of a portable garage. A soft-sided or
fabric-covered shelter may be permitted as a discretionary use in industrial and
commercial districts upon the approval of the development authority where a
development permit is issued as a temporary building.
The temporary building must meet National Building Code - 2019 Alberta Edition
requirements.
The approving development authority may consider a renewal of the
development permit upon the submission of a new development permit
application being made.
A temporary building shall not exceed one (1) storey in height and shall not have
a basement or a cellar.
No temporary building shall be serviced by the Town's water and/or wastewater
systems.
No temporary building shall be located in a front yard.
A temporary building, the sole purpose of which is incidental to the carrying out
of a development for which a permit has been issued under this Bylaw, is to be
removed within thirty (30) days of substantial completion of the development or
as otherwise determined by the approving development authority.
VEHICLE PROVISIONS FOR SITE DEVELOPMENT
Parking
The following minimum number of parking spaces shall be provided and
Town of Three Hills Land Use Bylaw
105
maintained upon the use of a parcel or a building in any district as described
in Section 9 of this Bylaw. Any calculation of the number of parking spaces
which produces a requirement for a part of a space shall be rounded up to
the next highest number.
Gross floor area parking calculations for all non-residential uses with
basements shall be determined by the development authority.
In circumstances where one (1) parking space is provided in the required
front yard, a minimum of 50% of the front yard must remain as landscaped.
The parking space shall be of a hard surface (i.e. concrete, asphalt, or similar
material) suitable to the development authority.
Notwithstanding the parking requirements outlined in Table 6: Commercial
Parking Requirements, there is no requirement to provide on-site parking stalls
within the C2-Central Commercial District.
Notwithstanding Section 7.56.1, should the Municipal Planning Commission
deem it advisable, it may increase or decrease the parking space
requirements for a proposed development or redevelopment. The
Municipal Planning Commission may consider the configuration of the
parcel to be developed and adjacent parcels.
Table 2: Residential Parking Requirements
Residential Uses
Required Parking Stalls
Visitor Stalls Required
Adult Care Residence
1 stall/5 beds plus 1
stall/employee
Bed and Breakfast
Establishment
1 parking stall per unit in
addition to that provided for
residential use
Dwelling, Apartment
1 parking stall per unit
1 designated visitor stall per 7
units
Dwelling, Attached
1 parking stall per unit
1 designated visitor stall per 7
units
Dwelling, Duplex
*2 parking stall per unit
Dwelling, Garage Suite
1 parking stall in addition to
that provided for residential
use
Dwelling, Garden Suite
1 parking stall in addition to
that provided for the
residential use
Dwelling, Secondary Suite
1 parking stall in addition to
that provided for residential
use
Dwelling, Semi-Detached
*2 parking stalls per unit
Town of Three Hills Land Use Bylaw 106
Residential Uses
Required Parking Stalls
Visitor Stalls Required
Dwelling, Single Detached
2 parking stalls per unit
Group Home
1 stall/5 beds plus 1
stall/employee
Group Home, Limited
1 stall/5 beds plus 1/employee
Home Occupations
See appropriate residential use, or at the discretion of the
Development Officer
Manufactured Home
2 parking stalls per unit
Modular Home
2 parking stall per unit
Ready to Move Home
2 parking stalls per unit
Relocated Building
Parking stalls to be provided to
relevant building type
Residential Sales Centre
3 parking stalls
Table 3: Commercial Parking Requirements
Commercial Uses
Required Parking Stalls
Alcohol Sale
1 stall per 93 m2 (1,000 ft2) of gross floor area
Animal Hospital and Shelter
1 stall per 93 m2 (1,000 ft2) of gross floor area
Auctioneering Establishment
Discretion of Municipal Planning Commission
Automotive and Equipment Sale, Repair,
Rental, and Storage
2 stalls per 100 m2 (1,000 ft2) of gross floor area
Bar and Neighbourhood Pub
1 stall per 8 seats
Business Support Service
1 stall per 74 m2 (796 ft2) of gross floor area
Cannabis Sale
1 stall per 93 m2 (1,000 ft2) of gross floor area
Convenience Retail Store
4 stalls per 100 m2 (1,076 ft2) of gross floor area
Custom Workshop
Discretion of Municipal Planning Commission
Child Care Service
1 stall per employee
Drive-In Business
Discretion of Municipal Planning Commission
Fuel and Chemical Sale and Storage
Discretion of Municipal Planning Commission
Funeral Home
Discretion of Municipal Planning Commission
Health Service
3 stalls per 93 m2 (1,000 ft2) of gross floor area
Hotel
1 stall per guest room
Indoor Amusement Establishment
1 stall per 10 seats
Library and Cultural Facility
1 stall per 100 m2 (1,076 ft2) of gross floor area
Town of Three Hills Land Use Bylaw
107
Commercial Uses
Required Parking Stalls
Motel
1 stall per guest room
Personal Service
2.5 stalls per 100 m2 (1,076 ft2) of gross floor
area
Private Clubs and Lodge
1 stall per 8 seats
Professional, Financial, and Administrative
Office
1 stall per 100 m2 (1,076 ft2) of gross floor area
Restaurant
1 stall per 8 seats
Retail Store
1 stall per 74 m2 (796 ft2) of gross floor area
Service Station
1 stall per 93 m2 (1,000 ft2) of gross floor area
Spectator Entertainment Establishment
1 stall per 10 seats
Tourist Information Centre
Discretion of the approving Development
Authority
Veterinary Service
1 parking stall per 93 m2 (1,000 ft2) of gross
floor area
Table 4: Industrial Parking Requirements
Industrial Uses
Required Parking Stalls
Animal Hospital and Shelter
1 stall per 93 m2 (1,000 ft2) of gross floor area
Automotive and Equipment Sale, Repair,
Rental, and Storage
5 stalls per 100 m2 (1,076 ft2) of gross floor area
Farm and Industrial Machinery, Sale, Rental,
and Service
5 stalls per 100 m2 (1,076 ft2) of gross floor area
Fuel and Chemical Sale and Storage
Discretion of Municipal Planning Commission
General Contractor Service
1 stall per 74 m2 of gross floor area
General Industrial
2 stalls per 100 m2 (1,076 ft2) of gross floor area
for office component and 1 stall per 100 m2
(1,076 ft2) of gross floor area for other areas
Medical Marijuana Facility
2 stalls per 100 m2 (1,076 ft2) of gross floor area
for office component and 1 stall per 100 m2
(1,076 ft2) of gross floor area for other areas
Natural Resource Extraction
Discretion of Municipal Planning Commission
Recycling Depot
Discretion of Municipal Planning Commission
Temporary Storage
Discretion of Municipal Planning Commission
Veterinary Service
1 stall per 93 m2 (1,000 ft2) of gross floor area
Warehouse Sales
Minimum provision of 4 stalls
Town of Three Hills Land Use Bylaw 108
Industrial Uses
Required Parking Stalls
2 stalls per 100 m2 (1076 ft2) of gross floor area
for office component and 7 stalls per 100 m2
(1,076 ft2) of gross floor area for storage areas
Table 5: Public (P1) Parking Requirments
Public
Required Parking Stalls
Cemetery
Discretion of Municipal Planning Commission
Commercial School
Discretion of Municipal Planning Commission
Community Recreation
1 stall per 10 seats
Extended Medical Treatment Service
1 stall per 100 m2 (1,076 ft2) of gross floor area
or
Health Service
3 stalls per 93 m2 (1,000 ft2) of gross floor area
Indoor Participant Recreation Service
1 parking stall per 2 participants and 1 stall/10
seats for participants
Library and Cultural Facility
1 stall per 93 m2 (1,000 ft2) of gross floor area
Outdoor Participant Recreation Service
Discretion of the Municipal Planning
Commission
Public or Quasi-Public Building Facilities and
Installation
Discretion of Municipal Planning Commission
Public Park
Discretion of the approving Development
Authority
Table 6: Other Uses Parking Requirements
Other Uses
Required Parking Stalls
Campground
Discretion of Municipal Planning Commission
Dormitory Residence
1 stall per 4 units and 1 designated visitor stall
per 10 units
Exhibition Ground
Discretion of Municipal Planning Commission
Extensive Agriculture
Discretion of the approving Development
Authority
Greenhouse, Plant Nursery, and Market
Garden
Discretion of Municipal Planning Commission
Other Uses
Discretion of Municipal Planning Commission
Religious Assembly
1 stall per 5 seats
Town of Three Hills Land Use Bylaw
109
When a building is enlarged or the use of a parcel or a building is changed or
increased in intensity, the additional parking spaces to be provided shall be
limited to the difference between the requirement of the original building or use
and that of the enlarged building or changed or intensified use.
The parking space requirement on a parcel that has or is proposed to have more
than one (1) use shall be the sum of the requirements for each of those uses.
Except as provided elsewhere in this Bylaw, parking spaces shall be located on
the same lot as the building or the use for which they are required and shall be
designed, located, and constructed to the Town's standards so that:
a. each is easily accessible to the vehicle intended to be accommodated;
b. each can be properly maintained; and
c. it is satisfactory to the development authority in size, shape, location,
access, grading, and construction.
Notwithstanding Section 7.56.4, subject to the approval of the authority, parking
spaces may be located on another parcel within 100 m (328 ft) walking
distance, provided that a restrictive covenant ensuring the use of the parcel for
the required number of parking spaces is registered against the Certificate of
Title of that parcel.
Concrete curb or an approved equivalent, as determined by the development
authority or the Town's engineers, shall separate landscaping from driving and
parking surfaces. In considering the approved equivalent, safety and durability
shall be taken into consideration.
The on-site parking shall be provided as shown on the approved site plan with
the entire area to be graded and surfaced to ensure that drainage will be
confined to the lot and disposed of in accordance with the approved lot
drainage plan.
Each
parking
space
shall
have
dimensions of not less than 2.8 m (9.0 ft)
by 5.5 m (18 ft). Parking spaces for
disabled
persons
shall
provide
a
minimum width of 3.9 m (13 ft) and
minimum depth of 6.0 m (20 ft).
The dimensions of parking areas shall
be as set out in Figure 25: Parking Area
Dimensions.
A minimum standard of 25 m2 (269 ft2)
per parking space shall be used for
general calculation for the areas of
parking facilities or the number of
parking spaces in a parking facility
Hard surfacing (i.e. concrete, pavement) of the parking area shall be required
where a parking area is located within the front yard or directly accessed from
a public roadway, which is paved or is intended to be paved, or where, in the
opinion of the Municipal Planning Commission, it would be in the interests of the
Figure 25: Parking Area Dimensions
Town of Three Hills Land Use Bylaw 110
amenities of the area. The surfacing shall otherwise be all-weather.
The development authority may permit the utilization of tandem parking stalls in
order to achieve the required parking stalls, if they serve the same dwelling unit,
building or business, or provide additional staff parking on-site, provided that the
immediate area will not be adversely affected.
Signage at both the development location and the alternate parking location
to direct traffic may be required.
Arrangement for alternate parking spaces in residential districts will not be
permitted.
Barrier-Free Design, Universal Design and Parking Spaces
Barrier-free parking spaces for persons with physical disabilities must be
provided:
i.
in accordance with the National Building Code - 2019 Alberta Edition
and the guidelines shown in the Table 10: Barrier-Free Design, Universal
Design Parking Requirements below; and
ii.
the current Barrier-Free Design Guide prepared by the Safety Codes
Council and the requirements stated in Sections 7.63.15 below.
Table 7: Barrier-Free Design, Universal Design Parking Requirements
Number of Parking
Spaces Required by
this Bylaw
Number of Parking
Spaces Required by
the National Building
Code - 2019 Alberta
Edition for Persons with
Physical Disabilities
Guideline
Number of Parking Spaces Recommended for
Persons with Physical Disabilities
Multi-dwelling
commercial, industrial,
and institutional
Hospitals, medical
clinics, and care
centres
1 to 10
0
1 suggested
1 required
11 to 25
1
2 suggested
2 required
26 to 50
2
3 suggested
3 required
51 to 100
3
5 required
For each additional
increment of 100 or
part thereof
1 additional space
A barrier-free parking space in a parking lot:
i.
must have a minimum width of 4.0 m (13 ft); and
ii.
as far as practical, should be designed as a 90-degree parking space;
be located as close to the front entrance of the building as possible;
adjoin a pedestrian walkway and avoid the need to cross a drive aisle
to gain access to a building.
Town of Three Hills Land Use Bylaw
111
A barrier-free parallel parking space must have a minimum length of 7.6 m
(24 ft) and if the barrier free space is located in a lay-by near the entrance
to a building a minimum width of 3.7 m (12 ft) is required with an access aisle
width of at least 1.5 m (5.0 ft).
A barrier-free path consistent with the principles of universal design must be
provided and maintained between the main entrance to a building and a
barrier-free parking space. New development or redevelopment must
provide the barrier-free path with a minimum width of 1.1 m (3.0 ft) and ramps
must comply with the Barrier-Free Design Guide.
A pedestrian walkway consistent with the principles of universal design is
required to connect the main entrance of a development or building to a
public sidewalk or a trail if the building or development requires a barrier-free
parking space. The development authority may require that a pedestrian
connection be provided between the entrance to a building and a public
sidewalk or trail if the development does not require a barrier-free parking
space.
Wheel stops may be required by the development authority to ensure that
barrier-free paths are maintained.
Loading Provisions
Loading spaces shall be required for all non-residential development and
apartments and such spaces shall be reserved for loading and unloading
and shall not be used for the parking of other vehicles
Loading spaces shall be designed and located so that all vehicles using those
spaces can be parked and maneuvered entirely within the bounds of the
parcel before moving onto a public roadway.
Loading spaces shall be located in rear and side yards only.
A loading space shall be at least 3.5 m (11 ft) x 8.0 m (26 ft) with an overhead
clearance of at least 4.6 m (15 ft).
Hard surfacing of the loading space shall be required where a loading space
is directly accessed from a public roadway, which is paved or is intended to
be paved or where, in the opinion of the approving Development Authority,
it would be in the interests of the amenities of the area. The surfacing shall
otherwise be all-weather.
Industrial and commercial developments shall have the following specific
requirements:
Table 8: Industrial and Commercial Loading Space Requirements
Use
Gross Floor Area of Building
Loading Spaces
Retail, Industry, Warehouse, or
similar
Less than 464.5 m2 (5,000 ft2)
1
464.5 m2 (5,000 ft2) to 2,322.5
m2 (25,000 ft2)
2
Town of Three Hills Land Use Bylaw 112
Use
Gross Floor Area of Building
Loading Spaces
Each additional 322.5 m2
(3,471 ft2) or fraction thereof
1
Office, extended medical
treatment services, public
educational services, or
similar use
Up to 2,782 m2 (29,946 ft2)
1
Each additional 2,787 m2
(29,946 ft2) or fraction thereof
1
Driveways
At street intersections, driveways shall be set back from the back of the public
sidewalk/curb where there is no public sidewalk) not less than:
i.
6.0 m (20 ft) where the driveway serves not more than four (4)
dwelling units;
ii.
15 m (50 ft) for all other uses; or
iii.
except where existing or planned traffic volumes indicate that a
greater distance is required to improve or maintain traffic safety and
efficiency at the discretion of the Municipal Planning Commission.
In residential districts the minimum and maximum width of a driveway shall
be as specified in the table below:
Table 9: Residential Districts Driveway Widths
Lot Frontage
Driveway
Minimum Width
Driveway Maximum Width
12.5 m (41 ft) or less
3.0 m (10 ft)
7.0 m (23 ft) or 60 % of lot frontage,
whichever is less
12.6 m (41.3 ft) to 18 m (59
ft)
3.0 m (10 ft)
10 m (33 ft) or 60 % of lot frontage,
whichever is less
greater than 18 m (59 ft)
3.0 m (10 ft)
10 m (33 ft)
In all districts, excluding residential districts, the minimum width of a driveway
shall be determined by the development authority.
In all districts, excluding residential districts, unless otherwise permitted by the
development authority, the maximum width of a driveway shall be 12 m (39
ft).
The minimum distance between driveways shall be:
i.
nil, where the driveways serve single dwelling units;
Town of Three Hills Land Use Bylaw
113
ii.
6.0 m (20 ft) where the driveways serve any other use; or
iii.
except where existing or planned traffic volumes indicate that a
greater distance is required to improve or maintain traffic safety and
efficiency at the discretion of the Municipal Planning Commission.
The maximum angle for a driveway to a use that generates high traffic
volumes shall be 70 degrees.
Hard surfacing (i.e. concrete, asphalt, paving stones, or similar material
suitable to the development authority) of a driveway shall be required in all
districts if access is gained directly from or to a hard-surfaced public road.
Notwithstanding Section 7.56.17.vii, the continued use and maintenance of
a gravel driveway existing prior to the adoption of this Bylaw shall be
permitted. Should substantial changes such as, but not limited, widening or
realignment of the driveway be undertaken the hard surfacing of the
driveway shall be required as specified in Section 7.56.17.vii.
In circumstances where the length of a driveway, measured from the
highway boundary, exceeds 9.0 m (30 ft), permission may be granted, at the
sole discretion of the development authority for the use of all-weather
surfacing, for the remainder of the driveway length.
YARDS AND RELATED RULES GOVERNING THEIR USE
Building projections constructed on and/or
attached to foundation walls and footings
shall be deemed to be part of the building
and shall not be considered a projection
over a yard. These structures are part of the
overall site coverage which may not
exceed the maximum site coverage and
front, rear, or side yard setbacks, for the
respective land use district.
Except as provided for in Section 7.57, no
development on a lot shall reduce the
minimum setbacks established for the land
use district in which the lot is located.
Subject to the requirements of the National
Building Code - 2019 Alberta Edition and this
Bylaw, that portion of and attachments to a
main or accessory building which may
project over or on a minimum yard are
required to meet all setback regulations.
The minimum distances required for yards do not apply to construction wholly
beneath the surface of the ground or for patios, raised platforms, sidewalks
and steps which do not rise more than 0.6 m (2.0 ft) above the finished ground
elevation.
Figure 23: Front, Rear and Side Yards
Town of Three Hills Land Use Bylaw 114
emergency access to the rear yard.
Residential buildings with a side entrance requiring a side yard relaxation and/or
having projections as described above shall maintain one side yard with no
relaxation or projections except for eaves.
Where a site is to be developed for semi-detached or row housing dwelling
complexes, the following exceptions apply:
where each half of a semi-detached dwelling is to be contained on a
separate parcel or title, no side yard shall be required on the side of the
dwelling unit which abuts the adjacent dwelling unit by means of a fire wall;
where the dwelling units of a row house building are to be contained on
separate parcels or titles; no side yards shall be required on either side in the
case of an internal dwelling unit and no side yard shall be required on the
interior side of the end dwelling unit when the abutting dwelling units have a
fire separation. This exception shall not apply for any portion of a dwelling
that is not connected to the firewall.
No portion of a building other than eaves, signs or canopies shall project into a
public or private right-of-way, and to do so may require an encroachment
agreement with the town or owner of the public right-of-way.
The following objects are prohibited or restricted in yards:
a. No person shall allow a motor vehicle that is in a dilapidated or unsightly
condition, or a derelict vehicle, to remain or be parked on a parcel in a
residential district, unless it is suitably covered, housed or screened to the
satisfaction of the development authority, and it shall not be located within
the front yard.
b. No person shall allow no more than one (1) unregistered/uninsured vehicle
on a residential parcel and it shall not be located within the front yard.
c. No person shall allow all terrain vehicles, boats, snow mobiles, dirt bike, to
be located in the front yard of any residential district. This list is not inclusive.
d. No person shall allow any object or chattel that is unsightly or tends to
affect adversely the amenities of the district. In accordance with the MGA,
the CAO, may order the owner to remedy unsightly or dangerous structures
or property.
e. No person shall allow any excavation or any storage or piling up of
materials required during the construction stage, unless all necessary safety
measures are undertaken, and a development permit has been issued by
the development authority. The owner of such materials or excavations
assumes full responsibility to ensure the situation does not prevail any longer
than necessary to complete each stage of construction work and:
i.
a temporary fence shall be erected around all excavations which in
the opinion of the development authority may be dangerous to
public safety;
ii.
it shall be the responsibility of the applicant to restore the worked area
to a level and condition as required by the development authority;
Town of Three Hills Land Use Bylaw
115
and
iii.
all topsoil shall be retained on the parcel, except where it must be
removed for building purposes.
No person shall allow a portable garage with damage to its factory-made
tubular metal frame, waterproof sheeting, synthetic, or plastic film to remain on
site in a residential district.
No person shall have exterior storage of piles of wood or metal, or other salvage
materials that are in an unsightly condition on a parcel in any district, unless it is
suitably housed or screened to the satisfaction of the development authority.
Town of Three Hills Land Use Bylaw 116
SIGNS
PURPOSE
Section 8 of the Land Use Bylaw provides the planning regulation for all signs including, but not
limited to, the type, location, number, size, design, and character of signs in relation to their
surroundings.
SIGN REGULATION DEFINITIONS
Notwithstanding Section 2 of this Bylaw, the following definitions that relate to signs are included
in this Section.
A-BOARD SIGN means a self-supporting A-shaped local advertising sign which is
set upon the ground and has no external supporting structure.
ALTERATION means a structural modification of a sign but does not include
routine maintenance, painting, or change in face, copy, or lettering.
ANIMATED SIGN means a sign that uses movement or change of lighting to
depict action or create special effects or a pictorial scene but does not include
a clock.
AWNING SIGN means a shelter projecting from and supported by the exterior
wall of a building and designed to be collapsible, retractable, and generally
constructed of fabric or similar non-rigid mater which incorporates a sign.
BANNER means a sign of lightweight, flexible fabric or material mounted to a
pole, structure, or building and does not include national, provincial, or
municipal flags.
BILLBOARD SIGN 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,
and may be changed from time to time.
BOARD SIGN means a flat board which is typically painted or made of a material
including but not limited to wood, metal, or vinyl and is attached to the side of
the building, most commonly next to the entry.
CANOPY SIGN means a non-retractable covered or enclosed rigid structural
framework attached to and extending outward from the exterior wall of a
building, which may be located above an entrance into a building which
incorporates a sign, but does not include any structure over petroleum pumps.
CHANGEABLE MESSAGE SIGN means a sign which provides for a changeable
message through the uses of an electronically displayed message or other
similar means and which forms an integral part of the sign which advertises
events related to the principal building and may be used for sponsor
recognition.
Town of Three Hills Land Use Bylaw
117
COMMUNITY IDENTIFICATION SIGN means a sign which states the name of a
community area and may contain a logo or graphic which is related to the
community name.
CONSTRUCTION SIGN means a temporary sign erected by an individual or a firm
on the premises undergoing construction, for which the sign user is advertising
or furnishing such items as labour, service, materials, or financing; or which
identifies the future use on the site and information pertaining to it.
DIRECTIONAL SIGN means
a sign which directs the public to or denotes the name of any thoroughfare,
route, educational institution, public building, or historical site;
a sign which directs and regulates traffic;
a sign which denotes any public or transportation facility; or
a sign located on the lot which gives direction to a private-premises or its
vehicular use area.
ELECTRIC SIGN means a sign which utilizes an electrical source.
FASCIA SIGN means a sign attached to, marked, or inscribed on and parallel to
the face of a building wall, so that no part projects more than 0.30 m (1.0 ft) from
the building wall, but does not include a billboard, an awning, or canopy sign,
a projecting sign, or a mural.
FLASHING SIGN means a sign which contains an intermittent or flashing light
source but does not include an electronic message centre.
FREE-STANDING SIGN means a self-supporting 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.
IDENTIFICATION SIGN means a sign which identifies by name or symbol the
occupant, the business, or the site on which the sign is placed.
GARAGE SALE SIGN means a temporary sign advertising the event.
ILLUMINATION means the lighting of a sign by artificial means.
MURAL means a sign that is painted or sculpted onto a building wall and is
considered artistic rather than advertising and does not contain any product
advertising.
PORTABLE SIGN means any sign which is specifically designed or intended to be
readily moved from one location to another and can be temporarily set up and
removed from a site, and which does not rely on a building or fixed foundation
for its structural support, including but not limited to balloons and inflatable
devices used as signs, banners and signs attached to or painted on vehicles
parked and visible from a public right-of-way unless said vehicles are used in the
normal day-to-day operation of a business. A portable sign does not include an
A-Board sign.
POST SIGN means a sign which is hung from a decorative post, typically made
of metal or wood, designed to be decorative in nature and displays local
advertising only.
Town of Three Hills Land Use Bylaw 118
PROJECTING SIGN means a sign which is attached to a building or structure so
that part of the sign projects more than 0.30 m (1.0 ft) from the face of the
building or structure, but does not include a canopy sign or an awning sign.
REAL ESTATE SIGN means a temporary sign advertising real estate that is for sale,
lease, or rent, or real estate that has been sold.
ROOF SIGN means any sign on or attached to a building that extends in whole
or in part above the roofline of the building.
SIGN means an object, fixture, or device for providing direction or providing
information or the calling of attention to any person, matter, object, event, or
activity.
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 the computation of surface area of signs.
TEMPORARY SIGN means a sign which is not in a permanently installed or affixed
position, advertising a location, product, event, or activity on a limited time
basis. Temporary signs include such signs as political campaign signs, real estate
signs, construction identification signs, sign identifying seasonal businesses, signs
advertising specific community events, and signs providing temporary
identification for developments awaiting installation of permanent sign. For the
purpose of this Bylaw, temporary signs shall not include portable signs, or A-
board signs or balloon, banner, pennant, or poster signs.
WINDOW SIGN means a sign that is painted on, attached to, or installed on a
window for the purpose of being viewed from outside the premises.
DEVELOPMENT PERMIT REQUIREMENTS
Unless specifically exempted under Section 8.4.1 of this Bylaw, all signs shall be
reviewed by the Development Officer who will:
Render a decision where an application meets the requirements of this
Bylaw;
The Development Officer believes the application warrants review by the
Municipal Planning Commission.
An application for a development permit for a sign shall be made to the
development authority and shall be accompanied by the following:
a completed development permit application form;
application fee as prescribed by resolution of Council;
a letter of authorization from the owner of the property or the owner's
authorized agent;
a replica of the proposed sign, drawn to scale showing:
Town of Three Hills Land Use Bylaw
119
i.
all dimensions of the sign structure, including the height and
projection of the signs attached to buildings;
ii.
the area of the sign and the copy face(s);
iii.
the design of the copy face;
iv.
the manner of all sign illumination;
v.
the type of construction and finish to be utilized;
vi.
the method of supporting or attaching the sign; and
vii.
in the case of a freestanding sign, a site plan showing the sign
location in relationship to property lines and utility and overland
drainage rights-of-way, parking and buildings and an elevation plan
showing the height of the sign in relation to the height of the principal
building; and
such additional information as the development authority deems necessary,
including but not necessarily limited to a current certificate of title; and a real
property report to verify the location of an existing building and
improvements on the property.
An application for a development permit for signs shall not be considered
complete and final and received for processing by the Town until the
development authority determines that all the requirements of Section 8.3 have
been satisfied.
SIGN PERMIT NOT REQUIRED
No development permit is required for the following signs, providing the sign
complies with all other regulations of this Bylaw:
The placement of signs:
i.
that relate to an institution of a religious, educational, cultural,
recreational, or similar character or to a residential motel, apartment
block, club, or similar institution, not exceeding 1.0 m2 (11 ft2) in area,
and limited to one (1) sign per parcel;
ii.
that relate to the function of Local Authorities and Utilities Boards;
iii.
that are temporary signs as defined in this Bylaw;
iv.
that are an official notice, sign, placard, or bulletin required to be
displayed pursuant to provisions of Federal, Provincial, or Municipal
legislation;
v.
A-frame and window signs, provided the sign complies with the
regulations in Section 8.7;
vi.
displaying a yard or garage sale sign provided that:
1) all signs are self-supporting. Signs shall not be placed on
municipal poles, or any other freestanding structure;
Town of Three Hills Land Use Bylaw 120
2) signs do not exceed a size of 0.37 m2 (2 ft x 2 ft);
3) each sign contains the address where the sale is taking place
and the date(s) of the sale;
4) the signs are posted no earlier than seventy-two (72) hours prior
to the event; and
5) the signs are removed no later than twenty-four (24) hours
following the garage sale event.
vii.
signs authorized and/or erected by the Town on any streets,
sidewalks, or other public property;
viii.
that identify a construction or demolition project for which a permit
has been issued; or
ix.
copy inserts being changed in existing fascia signs. This applies to
existing fascia signage where no structural components are being
modified or added (this includes illumination) and the size and
location of the sign remains the same.
PROCEDURES REGULATING SIGNS
Signs shall comply with the provisions of this Bylaw and must be carried out or
performed in accordance with all other applicable legislation, regulations, and
bylaws.
Signs shall not contain statements, words or pictures that are undesirable,
offensive, or contrary to the amenities of the neighbourhood in which they are
located. The sign owner shall be responsible to remove the copy of any sign
deemed to be inappropriate or offensive by the town or be subject to the
cancellation of the Development Permit for the sign.
Except as otherwise provided in this Bylaw no signs or advertising structures of a
commercial, directional, or information nature, other than those specified under
Section 8.4.1.i. shall be erected or placed on land or affixed to any exterior
surface of any building or structure unless an application for this purpose has
been approved and a development permit has been issued.
In addition to meeting the requirements of this Bylaw, an applicant wishing to
erect a sign or make sign notification changes within 300 m (984 ft) of a
provincial highway right-of-way boundary, or within 800 m (2,624 ft) of the centre
point of an intersection of a provincial highway with another public road, shall
be responsible for notifying Alberta Transportation and where Alberta
Transportation requires having a valid permit for the subject sign prior to the
approving development authority issuing a development permit.
No signs or advertising structures shall be erected on or affixed to private
property without the prior consent of the property owner or tenant.
No signs, billboards, advertising structures, or signboards shall be attached to
trees, public benches, or any utility pole or erected on or affixed to public
property without the prior consent of the appropriate public body.
Town of Three Hills Land Use Bylaw
121
A sign shall not be erected, operated, used, or maintained:
If its position, shape, colour, format, or illumination obstructs the view of, or
may be confused with an official traffic sign, signal, or device or other official
sign; or
If it displays light(s) that may be mistaken for the flashing lights customarily
associated with danger or with those used by police, fire, ambulance, or
other emergency vehicles.
All advertisements shall be kept in a safe, clean, and tidy condition and may,
by resolution of the development authority, be required to be renovated,
repaired, or removed.
In a residential district no signs or advertising structures shall be permitted other
than those:
specified under Section 8.4.1.i.d.,
relating to a religious assembly, educational, cultural, recreational, or similar
institution, located on an interior lot, one (1) non-illuminated identification
sign with a maximum face area of 0.37 m2 (4.0 ft2). This sign may be either:
i.
affixed to the principal building;
ii.
painted onto a window; or
iii.
a freestanding sign located a minimum of 1.5 m (5.0 ft) from the lot
line
relating to a religious assembly, educational, cultural, recreational, or similar
institution, where located on a corner lot, two (2) non-illuminated identification
signs each having a maximum face area of 0.37 m2 (4.0 ft2). Each frontage is
permitted one (1) sign. This sign may be either:
i.
affixed to the principal building;
ii.
painted onto a window; or
iii.
a freestanding sign located a minimum of 1.5 m (5.0 ft) from the lot
line
Roof signs shall not be permitted.
For any sign which will overhang a sidewalk or other Town property, the owner
of the sign shall enter into an agreement with the Town to indemnify against and
to hold harmless the Town from any and all liability resulting from injury to person
or damage to the property which results from the presence, construction,
maintenance, collapse, or failure of the sign.
No sign shall project over the boundary of a site unless permitted by this Bylaw.
Any permitted sign shall be placed so as not to obstruct or impair vision or hinder
or interfere with pedestrian or vehicular traffic on abutting roads or walkways.
Any sign placed in or on a required parking area or loading space shall be
placed so as not to reduce the number of parking stalls or loading spaces
required pursuant to the requirements of this Bylaw.
Town of Three Hills Land Use Bylaw 122
No electrical cord for a temporary sign shall pass over a sidewalk, pedestrian
walkway, roadway, driveway, aisle, or parking space.
All attaching and support structures for signs shall be safe, structurally sound, and
shall be concealed or form an integral part of the sign design.
The development authority may require a sign to be enhanced with
landscaping or architectural features to improve the sign's aesthetics.
A sign located on or at the rear or side of any building shall not be illuminated if
such sign is adjacent to any residential district.
Sign illumination or signs with animation or an electronic message component
are not allowed in any residential district.
The illumination for any permanent sign shall not create a direct glare upon the
surrounding site, road or lane, or residential development.
No one shall erect or permit to be erected or remain on town property, any
temporary sign other than in accordance with this Bylaw.
Electrical power supply to signs or base landscaping shall be underground.
ADMINISTRATION AND ENFORCEMENT OF SIGNS
When a sign no longer fulfills its function under the terms of the development
permit, the Development Officer shall notify the landowner and may order the
removal of the sign, and the owner of the sign shall:
remove the sign and all related structural components including removing or
screening exposed base and foundations to the satisfaction of the
Development Officer within a specified time period from receipt of such a
removal notice;
restore the immediate area around the sign to the satisfaction of the
Development Officer, including the ground or any building to which the sign
was attached, as close as possible to its original form prior to the installation
of the sign; or
bear all costs related to such removal or restoration.
In the case of temporary signs, where in the opinion of the Development Officer,
a violation of the sign provisions exists; the Development Officer shall issue a
written notice for the removal of such a sign.
Persons affected by stop orders may appeal to the Regional SDAB in
accordance with the MGA.
Where a person fails or refuses to comply with an order directed to them within
the time specified, the CAO may in accordance with the, enter upon the land
or building and take such action as is necessary to carry out the order.
Expenses and costs incurred by the Town carrying out an order in accordance
with the, will be added to the tax roll of the subject lands.
Town of Three Hills Land Use Bylaw
123
SPECIFIC SIGN REGULATIONS
A-Board Signs
Subject to the provisions of Section 8, A-board
signs shall be permitted on all properties
containing
approved
commercial
uses
excepting home occupations Class 1 and Class
2.
A-board signs shall not be permitted on a site
that also contains a portable sign.
Only one (1) sign per business per street frontage
shall be displayed.
For businesses with zero (0) front setbacks, one (1)
sign may be placed on Town property adjacent
the front property boundary provided that:
i.
the sign is placed wholly within 1.0 m (3.0 ft) of the curb; and
ii.
the sign shall be placed as close as practical to any street tree,
garbage bin, or other piece of street furniture where available in front
of the business in order to maintain the maximum area possible for
pedestrian passage.
A-board signs shall:
i.
be on display only during those hours that the business is open;
ii.
only display local and cooperative advertising;
iii.
be of a size not exceeding 0.61 m (2.0 ft) wide by 0.92 m (3.0 ft) high;
iv.
be of a painted finish, be neat and clean, and be maintained in such
condition;
Notwithstanding Section 8.7.1.v.a., A-board signs displaying a sporting or
community event shall be permitted to be on display for a period of not more
than forty-eight (48) hours preceding the event and shall be removed twenty-
four (24) hours after the conclusion of the event. Up to a maximum of four (4)
a-board signs may be displayed within town boundaries.
Notwithstanding Sections 8.7.1.v. through to Section 8.71.vii. inclusive, A-
board signs owned by the Town shall not be required to comply with the
regulations of Section 8.7.1.
Figure 26: A-board Sign
Town of Three Hills Land Use Bylaw 124
Awning or Canopy Signs
An awning (or canopy) sign may be permitted in any land use district,
excepting residential districts, provided that:
i.
a minimum height clearance
of 2.7 m (9.0 ft) be provided
from grade;
ii.
it does not extend above the
building roof line;
iii.
where a portion of a building
extends to the property line,
the awning sign shall not
project more than 2.0 m (7.0 ft)
over the public sidewalk, and
in no case shall any support
pillar/pole forming part of the
awning sign project beyond
the property line;
iv.
the print or lettering of an awning sign shall be restricted to
identification of the name and nature of the occupancy for all
tenants in the development;
v.
on an interior lot, only one (1) awning sign indicating the name and
nature of the occupancy for all tenants in the development will be
permitted for the primary building face of the building;
vi.
on a corner lot, two (2) awning signs, one (1) on each frontage, may
be permitted, indicating the name and nature of the occupancy for
all tenants in the development.
Billboard Signs
Subject to the provisions of this part,
billboard signs may be permitted in C3 -
Commercial Highway District and industrial
districts.
The maximum dimensions of a billboard
shall not exceed 3.0 m (10 ft high) by 6.0 m
(20 ft long);
The maximum height shall not exceed 6.0
m (20 ft) above the average grade of the
site; and
Illumination of billboards shall be restricted
to gooseneck type lighting that directs light
downward toward the sign.
Figure 28: Billboard Sign
Figure 27: Awning or Canopy Sign
Town of Three Hills Land Use Bylaw
125
Fascia Signs
A fascia sign may be permitted in any land use district, excepting residential
districts, provided that:
i.
fascia signs shall not project above the
roof or marquee by more than 1.0 m
(3.0 ft);
ii.
a minimum height clearance of 2.7 m
(9.0 ft) be provided from grade;
iii.
the maximum sign area does not
exceed 7.43 m2 (80 ft2);
iv.
the fascia sign does not project more than 0.3 m (1.0 ft) from the wall
face to which it is attached;
v.
on an interior lot, only one (1) fascia sign indicating the name and
nature of the occupancy for each tenant in a development will be
permitted for the primary building face of the building; and
vi.
on a corner lot, two (2) fascia signs, one (1) on each frontage, may
be permitted, indicating the name and nature of the occupancy for
all tenants in the development.
Community Identification Signs
a. Community identification signs shall only be located at the entrance
locations of a neighbourhood, as approved by the development authority;
b. The overall design, aesthetic character, dimensions, materials, and finishing
of the community identification signs shall be approved by the development
authority and must be consistent in overall design with other neighbourhood
signs.
c. The number of community identification signs for a neighbourhood shall be
approved by the development authority.
d. The applicant may be required to enter into an agreement with the Town to
maintain and update the sign.
e. In residential districts:
i.
community identification signs shall only display the name of the
subdivision; and
ii.
community identification signs shall not exceed 2.44 m (8.0 ft) in
height to top of the sign
Figure 29: Fascia Sign
Town of Three Hills Land Use Bylaw 126
Free-standing Signs
A free-standing sign (directional, advertising, or
identification) may be permitted in any land use
district, excepting residential districts, provided
that:
i.
only one (1) free-standing sign shall be
permitted on a site, single parcel;
ii.
the maximum height shall be 7.5 m (25 ft);
iii.
the maximum sign area shall be 9.0 m2 (97
ft2) per face with a maximum of two (2)
faces per sign;
iv.
the free-standing sign shall be set back
2.0 m (7.0 ft) from an abutting property
line;
v.
the free-standing sign does not block natural light to a window of a
building behind it;
vi.
the lighting of a free-standing sign does not adversely affect
residential sites and/or traffic lights; and
vii.
the electrical power supply for a free-standing sign is located
underground.
b. For freestanding signs in commercial and industrial districts where the purpose
is to identify multiple tenants on a single parcel:
i.
only one (1) freestanding sign per street frontage shall be permitted;
ii.
the maximum height shall be 9.1 m (30 ft); and
iii.
the maximum area shall be 15 m2 (160 ft2) per face with a maximum
of two faces per sign.
Portable Signs
A portable sign may be permitted in any land
use district, excepting residential districts,
provided that:
i.
only one (1) portable sign shall be
permitted on a parcel at any one time;
ii.
the maximum sign area shall not exceed
10 m2 (108 ft2);
iii.
the maximum height shall not exceed
2.5 m (8.0 ft);
iv.
the sign is not located in the sight
triangle formed on a corner site by the two (2) street property lines
and a straight line which intersects them 5.0 m (16 ft) from the corner
Figure 31: Free-standing Sign
Figure 32: Portable Sign
Town of Three Hills Land Use Bylaw
127
where they meet;
v.
the lighting of a portable sign does not adversely affect residential
sites and/or traffic lights;
vi.
the use of a portable sign on a site shall be limited to a maximum of
sixty (60) days following which time the sign shall be removed from the
parcel.
vii.
A minimum of thirty (30) days shall elapse between the removal of
one (1) portable sign and the erection of another on the same parcel
viii.
Notwithstanding Section 8.7.8.i.f., the development authority at its
discretion, may approve a development permit for a portable sign to
be placed on a site, to a maximum of twelve (12) months;
ix.
a portable sign must be stabilized
but shall not use unsightly or
potentially hazardous methods.
The means by which stability is to
be provided shall be included as
part of the permit application. An
inflatable sign may, however, use
guy wires; and
x.
a portable sign shall at all times be
maintained in good condition
and, specifically, shall contain
lettering and signage which is
secure and complete. Any
damaged or missing signage must
be repaired within two (2) weeks of coming to the attention of the
permit holder.
In addition to the regulations pertaining to portable signs, inflatable signs shall
not exceed the maximum free-standing sign height allowable for the district,
measured from grade to the top of the inflatable sign.
In addition to the regulations pertaining to portable signs, banner signs shall:
i.
only be attached to a permanent structure located on the site;
ii.
not exceed 10% of the gross area of the face of the structure to which
it is attached;
iii.
not obscure any significant architectural features or windows of the
structure to which it is attached; and
iv.
be maintained in good condition and promptly removed if damaged.
Figure 33: Inflatable Sign
Town of Three Hills Land Use Bylaw 128
Projecting Signs
a. A projecting sign may be permitted in any land use
district, excepting residential districts, provided that:
i.
a minimum height clearance of 2.7 m (9.0 ft)
be provided from grade. However, a
projecting sign may not project above the
eave line of a building;
ii.
the sign does not project more than 2.5 m (8
ft) from the face of the building and is a
minimum of 0.5 m (1.6 ft) from the road
carriageway, whichever of the two (2)
distances is less;
b. the maximum size for projecting signs shall be 1.5 m2
(16 ft2);
c. only one (1) projecting sign per street frontage per business may be erected
and have a minimum 1.5 m (5.0 ft) setback from an adjacent business;
d. on a corner lot, two (2) projecting signs, one (1) on each frontage, may be
permitted, indicating the name and nature of the occupancy for all tenants in
the development. Each sign shall have a minimum 1.5 m (5.0 ft) setback from an
adjacent business; and
e. back-lighting or the incorporation of flashing or intermittent lighting with
projecting signs is prohibited. Instead, gooseneck style lighting angled down
onto the sign face may be used.
Roof Signs
A roof sign may be permitted in any land use
district, excepting residential districts, provided
that:
i.
roof signs shall not exceed 9.3 m2 (100
ft2) in area, and no portion of the sign
shall extend beyond the property of the
roof on which it is located;
ii.
no supporting structures for a roof sign
shall be visible to the public unless
finished in an aesthetically pleasing
manner at the discretion of the
approving Development Authority; and
iii.
roof signs shall not exceed the maximum
height allowable for buildings within the district.
Figure 35: Roof Sign
Figure 34: Projecting Sign
Town of Three Hills Land Use Bylaw
129
Temporary Signs
Temporary signs may be permitted provided
that:
i.
in a commercial district one (1) sign may be
located immediately outside a business
premises provided that:
ii.
the sign does not disrupt pedestrian traffic on
the sidewalk;
iii.
the area of the sign does not exceed 0.6 m
(2.0 ft wide) by 0.9 m (3.0 ft high); and
iv.
the sign is removed on a nightly basis.
v.
no temporary sign shall be permitted within
roadway rights-of-way or on other public property, except where such
roadway right-of-way or public property has been designated for such
purposes by town Council;
vi.
no temporary sign shall have a flashing device, animator, or flashing
beacon attached to or operating in connection with it;
vii.
signs shall be secured to prevent public hazard; and
viii.
signs must be constructed of a material such that a rigid frame is provided.
Window Signs
A window sign includes any sign that is painted on, attached to, or installed
on a window for the purpose of being viewed from outside the premises and
shall be permitted in commercial and industrial districts.
A development permit shall not be required for window signs.
Window signs shall be maintained in good condition and promptly removed
if damaged.
Notwithstanding Sections 8.7.12.i. above, home occupation window signs
shall comply with Section 7.32 HOME OCCUPATIONS of this Bylaw.
Figure 36: Temporary Sign
Town of Three Hills Land Use Bylaw 130
LAND USE DISTRICTS
ESTABLISHMENT OF LAND USE DISTRICTS
Land Use District Regulations as set forth in Section 9 hereto, are hereby adopted by
reference to be part of this Bylaw and to be amended in the same manner as any other
part of this Bylaw.
For the purposes of this Bylaw, the Town is divided into the following Districts:
R1
Residential District
R2
Residential Mixed High-Density District
R3
Residential Manufactured Home District
C1
Commercial General District
C2
Commercial Central District
C3
Commercial Highway District
C4
Commercial Industrial District
I1
Industrial General District
I2
Industrial Railway District
COL
College
P1
Public Community Service District
UR
Urban Reserve District
DC
Direct Control District
Except for direct control districts, this Bylaw has defined uses of land or buildings
in each district, which are classified as either:
Permitted uses; or
Discretionary uses.
District Maps
The boundaries of the districts listed in Section 9.1.1 are as delineated on the
Land Use District Map being Schedule A, hereto.
Interpretation of District Boundaries
Where the location of district boundaries on the Land Use District Map is not
clearly understood, the following rules shall apply:
i.
Rule 1: Where a boundary is shown as approximately following a road,
lane, stream, canal, railway, pipeline, powerline, utility right-of-way, or
Town of Three Hills Land Use Bylaw
131
easement, it shall be deemed to follow the centre line thereof.
ii.
Rule 2: Where a boundary is shown as approximately following a lot
line, it shall be deemed to follow the lot line.
iii.
Rule 3: Where a boundary which does not follow a parcel boundary
shall be located by measurement of the Land Use District Map.
iv.
Rule 4: In the event that a dispute should arise over the precise
boundary location of any district as shown on the Land Use Map,
Council shall decide thereon.
Where the exact location of the boundary of a land use district cannot be
determined using the rules in Section 9.1.4, Council, on its own motion or on a
written request, shall fix the location:
in a manner consistent with the provisions of this Bylaw; and
with the appropriate degree of detail required.
The location of a district boundary, once fixed, shall not be altered except by
an amendment of this Bylaw.
The following regulations must be read in conjunction with Section 7 and Section
8 which establishes the general rules for all districts. Please refer to Schedule A
- Land Use District Map which identifies the boundaries of the districts.
Town of Three Hills Land Use Bylaw 132
R1 - RESIDENTIAL DISTRICT
Purpose
The purpose of this district is to provide for low-density single-unit residential development,
in the form of single detached dwellings, semi-detached dwellings and compatible uses,
herein listed, which are connected to the municipal sewer and water systems.
Permitted Uses
Accessory Building
Day Home
Dwelling, Single Detached
Dwelling, Semi-detached
Dwelling, Secondary Suite
Dwelling, Garage Suite
Dwelling, Garden Suite
Home Occupation Class 1
Home Occupation Class 2
Public or Quasi-Public Use
Public Park
Public Utility Building
Ready to Move Home
Signs
Temporary Container
Discretionary Uses
Bed and Breakfast Establishment
Child Care Service
Communication Tower
Dwelling, Attached
Dwelling, Duplex
Group Home, Limited
Manufactured Home
Portable Garage
Religious Assembly
Relocated Building
Residential Sales Centre
Town of Three Hills Land Use Bylaw
133
Development Regulations for Permitted and Discretionary Uses
Use
Lot Area
Floor Area
Lot Width
m2
ft2
m2
ft2
m
ft
Single detached dwelling
305
3,283
92.9
1,000
10
33
Semi-detached dwelling
278.7
3,000
92.9
1,000
7.6
25
Manufactured home
439
4,725
92.9
1,000
10
33
Duplex dwelling
557.4
6,000
92.9
1,000
15.2
50
Use
Front Setback
Side Setback
Side Setback (Corner
lot)
Rear Setback
m
ft
m
ft
m
ft
m
ft
All Residential
4.9
16
1.2
4.0
3.1
10
7.6
25
Accessory building
4.9
16
0.9
3.0
3.1
10
0.9
3.0
a. In laneless subdivisions one (1) 3.1 m (10 ft) side yard setback is required to
provide alternate access to the rear of the buildings.
b. Where the principal entrance for the home is on the side yard the side
setback must be 2.8m (6.0ft).
Height
a. The maximum height shall not exceed 10.6 m (35 ft) for principal buildings.
b. The maximum height shall not exceed 4.5 m (15 ft) for accessory buildings.
Site Coverage
a. Total site coverage including accessory buildings shall not exceed 55%.
Supplementary Regulations
a. All uses must also comply with the requirements of Section 7 and Section 8.
Additional Development Regulations - Manufactured homes
a. Each manufactured home shall be located on a lot registered in the Land
Titles Office.
b. All manufactured homes shall have CSA (Canadian Standards Association)
certification. Manufactured homes shall not be older than five (5) years of
age when located within the subdivision, unless approved by the approving
Development Authority.
Town of Three Hills Land Use Bylaw 134
c. Each lot shall contain a permanent foundation that is capable of
supporting the maximum anticipated load of a manufactured home in
accordance with the requirements of the National Building Code - 2019
Alberta Edition. Skirting is to be completed within thirty (30) days of the
manufactured home being placed on the lot.
d. All accessory structures, additions, porches, skirting and storage facilities
shall be of a quality and appearance equivalent to the manufactured
home and shall match and complement the manufactured home.
e. The trailer hardware (axles, wheels) shall be removed from the
manufactured home.
f. Each manufactured home shall be connected to and serviced by the
Town's sanitary and storm sewers and water supply, electric power systems,
and shall be serviced by natural gas.
Town of Three Hills Land Use Bylaw
135
R2 - RESIDENTIAL HIGH-DENSITY MIXED DISTRICT
Purpose
The purpose of this district is to provide for variety of multi-family dwelling types at a
moderate to high residential density in the form of single, two dwelling, and multi-family
unit residential development, duplex dwellings, attached dwellings, apartment dwellings
and compatible uses, herein listed, which are connected to the municipal sewer and
water systems.
Permitted Uses
Accessory Building
Day Home
Dwelling, Apartment
Dwelling, Attached
Dwelling, Duplex
Dwelling, Garage Suite
Dwelling, Garden Suite
Dwelling, Semi-detached
Dwelling, Single Detached
Home Occupation - Class 1
Home Occupation - Class 2
Public or Quasi-Public Use
Public Park
Public Utility
Public Utility Building
Ready to Move Home
Signs
Temporary Container
9.4.3
Discretionary Uses
Adult Care Residence
Bed and Breakfast Establishment
Child Care Service
Communication Tower
Dwelling, Secondary Suite
Group Home
Group Home, Limited
Town of Three Hills Land Use Bylaw 136
Manufactured Home
Portable Garage
Religious Assembly
Relocated Building
Residential Sales Centre
Development Regulations for Permitted and Discretionary Uses
a. In laneless subdivisions one (1) 3.1 m (10 ft) side yard setback is required to
provide alternate access to the rear of the buildings.
b. A minimum of 1.2 m (4.0 ft) except those buildings having the principal
entrance provided from a side yard. The minimum side yard shall then be
2.13 m (7.0 ft).
Height
a. The maximum height shall not exceed 10.6 m (35 ft) for single detached,
semi-detached, duplex, row house, and attached dwellings.
b. The maximum height shall not exceed 4.5 m (15 ft) for accessory buildings.
c. The maximum height shall not exceed 13.7 m (45 ft) for other developments.
At the discretion of the approving Development Authority an apartment
dwelling may have a maximum height of 18.3 m (60 ft). Where building
height exceeds 13.7 m (45 ft) a sprinkler system shall be required.
Use
Lot Area
Floor Area
Lot Width
m2
ft2
m2
ft2
m
ft
Single detached dwelling
305
3,283
83.6
900
10
33
Duplex dwelling
464.5
5,000
56
603
15.2
50
Semi-detached dwelling (per unit)
232.3
2,501
56
603
7.6
25
Apartment dwelling
696.8
7,501
56
603
22.9
75
Use
Front Setback
Side Setback
Side Setback (Corner
lot)
Rear Setback
m
ft
m
ft
m
ft
m
ft
All residential
4.9
16
1.2
4.0
3.1
10
7.6
25
Accessory buildings
4.9
16
0.9
3.0
3.1
10
0.9
3.0
Town of Three Hills Land Use Bylaw
137
Site Coverage
a. The total for single detached, semi-detached, and duplex dwellings
including accessory buildings shall not exceed 70%.
Special Requirements
a. For attached dwelling developments that do not have a lane or other form
of direct access to the rear yard, a 3.0 m (10 ft) access easement
connecting to a street, lane or walkway shall be granted in favour of the
adjoining row house unit owners.
Supplementary Regulations
a. All uses must also comply with the requirements of Section 7 and Section 8.
Town of Three Hills Land Use Bylaw 138
R3 - RESIDENTIAL MANUFACTURED HOME DISTRICT
Purpose
To provide areas for and to regulate the development and use of land for manufactured
homes, and compatible uses, herein listed, either on separately registered parcels or
within comprehensively designed multiple site parks, wherein sites are rented or owned
as part of a condominium, and which are connected to the municipal sewer and water
systems, and shall be serviced by natural gas.
Permitted Uses
Accessory Building
Accessory Use
Day Home
Home Occupation - Class 1
Home Occupation - Class 2
Manufactured Home
Manufactured Home Park
Modular Home (must meet requirements of CSA A277)
Ready to Move Home
Public Park
Signs
Discretionary Uses
Child Care Service
Communication Tower
Group Home, Limited
Portable Garage
Residential Sales Centre
Temporary Container
In this District
a. "Lot" means the total area of land reserved for the placement of a
manufactured home and for the exclusive use of its occupant(s).
b. "Structure" means a subordinate building which is an addition to or
supplements the facilities provided by a manufactured home, such as
awnings, storage structures, carports, porches, and skirting.
Manufactured Home Park Standards
Comprehensive Site Development and Servicing Plan:
Town of Three Hills Land Use Bylaw
139
i.
A comprehensive site development and servicing plan for the
manufactured home park must be accepted and approved by the
approving Development Authority prior to issuance of any
development permit.
ii.
The comprehensive site development and servicing plan shall identify
and provide detail regarding dimensions and treatments for the
following:
1) entire site and individual lots;
2) vehicular access and egress from the manufactured home park
and internal roadway system;
3) walkways;
4) recreation areas;
5) storage areas;
6) parking areas;
7) perimeter landscape area;
8) municipal servicing; and
9) any other information that the approving Development Authority
deems necessary.
Maximum Gross Density
a. Thirteen (13) manufactured homes per hectare (6 per acre)
b. Notwithstanding Section 9.4.6.a., the maximum gross density for a
manufactured home park existing prior to the adoption of this Bylaw shall be
twenty (20) manufacture homes per hectare.
Minimum Park Area
a. 2 ha (5 ac)
Recreation Area
a. A minimum of 10% of the total area of a manufactured home park shall be
set aside in a suitable location as a recreation area.
b. This recreational area and associated facilities will be approved in a
location of the park to the satisfaction of the Development Authority.
Roads
a. All manufactured home park roads shall be paved and constructed to
town standards as approved by the approving Development authority
and/or the town; and will include appropriate drainage.
Walkways
Town of Three Hills Land Use Bylaw 140
a. Internal pedestrian walkways shall have a minimum width of 1.5 m (5.0 ft)
and be surfaced to the satisfaction of the Development Authority.
Storage Areas
a. Common storage areas, separate from the manufactured home lot, shall be
provided for storage of seasonal recreational equipment not capable of
storage on the manufactured home lot.
b. Such storage areas shall be screened.
c. Such storage areas shall have an area of not less than 20 m2 (215 ft2) per
manufactured home lot.
Utilities
a. All utility services and all utility wires and conduits shall be installed
underground.
Fences and Lot Lines
a. The boundary of a manufactured home park must be enclosed by a privacy
fence 2.0 m (6.0 ft) in height and shall be maintained by the manufactured
home park operator to a uniform standard throughout the manufactured
home park.
b. All lot lines shall be clearly defined on the ground by permanent flush stakes
or markers with a lot number or other address system.
Minimum Yard Requirements
a. Manufactured homes and their attached structures shall be at least:
i.
7.0 m (23 ft) from any park boundary, with exception of a
manufactured home park existing prior to the adoption of this Bylaw
whereby the 7.0 m setback from any park boundary shall not apply.
ii.
3.1 m (10 ft) from any side lot line, with the exception of manufactured
homes and their attached structures, located within existing
manufactured home parks prior to the adoption of this Bylaw,
whereby the minimum setback from any side lot line shall be 1.2 m
(3.9 ft).
iii.
3.1 m (10 ft) from a side internal access road.
iv.
0.9 m (3.0 ft) from the side and rear lot lines for accessory buildings
and a minimum of 3.1 m (10 ft) for accessory buildings adjacent to
side internal access roads.
Building Design
a. All manufactured homes shall be factory built.
b. Skirting or any attached structure shall have a matching exterior finish or be
of durable all-weather construction and designed in a manner that will
enhance the appearance of the manufactured home development.
c. Each manufactured home shall be levelled, blocked, and skirted, and the
Town of Three Hills Land Use Bylaw
141
hitch skirted within thirty (30) days of being placed on a lot.
Manufactured Home Design
a. The external appearance of manufactured homes must be acceptable to
the Development Authority having regard to compatibility with other
buildings in the vicinity and must have:
i.
a minimum roof pitch of 4:12, with variation in roof line; flat roofs will
be prohibited;
ii.
a roof surface of wood or asphalt shingles, clay or concrete tiles,
slates, metal, or wood shakes;
iii.
a minimum roof overhang or eaves of 0.45 m (1.5 ft) from each
external wall;
iv.
a maximum length to width ratio of 3:1;
v.
a minimum width of 4.25 m (14 ft);
vi.
site preparation;
vii.
a total age of no more than five (5) years at the time the
manufactured home is located in the manufactured home park,
unless approved by the Municipal Planning Commission; and
viii.
meet current Canadian Standards Associated (CSA) certification at
the time the manufactured home is located in the manufactured
home park.
Manufactured Home Subdivision Standards
a. The following regulations apply to manufactured homes:
i.
1.5m (5.0 ft) side setback except on a corner lot where the side setback
abutting a road shall be at least 3.1 m (10 ft). Notwithstanding the
aforementioned, manufactured homes and their attached structures,
located within existing manufactured home subdivisions prior to the
adoption of this Bylaw, shall have a minimum side setback of 1.2 m (3.9
ft), except on a corner lot where the side setback abutting a road shall
be at least 3.1 m (10 ft).
Use
Lot Area (Interior)
Lot Area (Corner)
Floor Area
Lot Width
m2
ft2
m2
ft2
m2
ft2
m
ft
Manufactured Homes
420
4,521
464.5
5,000
65
700
10
33
Use
Front Setback
Side Setback
Side Setback (Corner
lot)
Rear Setback
m
ft
m
ft
m
ft
m
ft
Manufactured Homes
4.9
16
0.9
3.0
3.1
10
4.6
15
Accessory buildings
4.9
16
0.9
3.0
3.1
10
4.6
15
Town of Three Hills Land Use Bylaw 142
ii.
The minimum lot area requirements shall not apply to the
manufactured home parks existing prior to the adoption of this
Bylaw, provided the minimum setback requirements are complied
with.
iii.
The minimum lot width for lots located within a manufactured home
subdivision existing prior to the adoption of this Bylaw shall be 9.1 m
(30 ft).
Maximum Site Coverage
a. The total site coverage including accessory buildings shall not exceed 55%
for individual lots.
Maximum Height
a. 10.6 m (33 ft) for principal buildings.
b. 4.5m (15 ft for accessory buildings.
Supplementary Regulations
a. All uses must also comply with the requirements of Section 7 and Section 8.
Other Requirements for Manufactured Home Parks
a. The Development Authority has the right to refuse permission for the
erection or placement of any building where in their opinion the design or
appearance of the building will adversely affect the amenities of the
surrounding area or buildings.
b. Hard surfacing of all driveways, parking pads, and areas used for vehicular
storage shall be required where any driveway, parking pad or area used for
vehicular storage enters a paved road; otherwise the surfacing shall be all-
weather.
Town of Three Hills Land Use Bylaw
143
C1 - COMMERCIAL GENERAL DISTRICT
Purpose
The purpose of this district is to provide a variety of retail and office commercial as well
as public and private service uses outside of the downtown core.
Permitted Uses
Accessory Building
Accessory Use
Health Service
Personal Service
Pet Care Service
Professional and Administrative Office
Restaurant
Retail Store
Specialty Food Service
Public Utility Buildings
Public and Quasi Public Use
Automotive and Equipment Sale, Repair, Rental, and Storage
Drive-In Business
Equipment Rentals
General Contractor Service
Mini-Storage
Public Utility Building
Indoor Participant Recreation
Signs
Discretionary Uses
Air Supported and Fabric Covered Structures
Auctioneering Establishment
Business Support Service
Child Care Service
Communication Tower
Container, Shipping Container, Sea Can or Dry Box
Convenience Retail Store
Custom Workshop
Town of Three Hills Land Use Bylaw 144
Drinking Establishment
Hotel
Liquor Store
Motel
Outside Sale and Storage
Religious Assembly
Relocated Building
Service Station
Temporary Building
Vehicle and Equipment Storage
Veterinary Service
Warehouse Sales
Micro-Brewery
Development Regulations for Permitted and Discretionary Uses
Height
a. The maximum height shall not exceed 13.7 m (45 ft) unless otherwise
approved by the Municipal Planning Commission. Developments over 13.7
m (45 ft) shall require a sprinkler system.
Site Coverage
a. The maximum site coverage is 80%.
Supplementary Regulations
a. All uses must also comply with the requirements of Section 7 and Section 8.
Additional Parking and Loading Regulations
Parking and loading requirements for permitted and discretionary uses are
subject to Section 7.56. in addition to the requirements found within this
district.
Notwithstanding the off-street parking requirements identified in Section 7.56,
Use
Lot Area
Floor Area
Lot Width
m2
ft2
m2
ft2
m
ft
All Uses
557
5,996
15
50
Use
Front Setback
Side Setback
Rear Setback
m
ft
m
ft
m
ft
All Uses
6.0
20
1.5
5.0
6.0
20
Town of Three Hills Land Use Bylaw
145
should the approving Development Authority deem it advisable, it may
reduce or waive the parking space requirements for proposed development
or redevelopment of a commercial site within the C1 - Commercial General
Land Use District:
i.
where the configuration of the buildings to be developed and those
adjacent buildings are such that the provision of a required parking is
not practical; or
ii.
where the dimensions or site area are inadequate to reasonably
accommodate the proposed development and required parking.
iii.
No parking, loading, storage, trash collection, outdoor service, or
display area shall be permitted within a required setback. Vehicular
parking, loading, storage, and trash collection areas shall be located
to the rear or sides of the principal building and shall be screened
from view from any adjacent sites and/or public roadways in
accordance with the provisions of Section 7.49 SCREENING AND
GARBAGE STORAGE of this Bylaw. If the rear or sides of a site are used
for parking, an outdoor service or display area or both, and abut a
residential district or a lane serving a residential district, such areas
shall be screened in accordance with the provisions of Section 7.54 of
this Bylaw.
Additional Landscaping Regulations
a. Landscaping requirements for permitted and discretionary uses are subject
to Section 7.33 in addition to requirements found within this district.
b. Landscaping and screening shall be provided as follows:
c. any trees or shrubs which die, that were planted under the approved
landscaping plan, must be replaced in the next planting season; and
d. outside sale and storage uses shall be screened from adjacent sites and
public thoroughfares by fencing and vegetative screening.
Additional Development Regulations for Permitted and Discretionary Uses
Any business premises or multiple occupancy building having a floor area
greater than 1,500 m2 (16,146 ft2) or a single wall length greater than 25 m (82
ft) visible from a public road shall comply with the following:
i.
the roof line and the building façade shall include design elements that
reduce the perceived mass of the building; and
ii.
landscaping adjacent to exterior walls shall be used to reduce the
perceived mass of the building and provide visual interest.
b. All exposed building faces shall have consistent and harmonious exterior
finishing materials.
c. In reviewing an application for a discretionary use, the Municipal Planning
Commission shall consider the design, siting, landscaping, and screening of
the proposed development to minimize potential impacts such as traffic
and patrons using the site, increased noise, dust, odours, or refuse, and
other factors which would interfere with or affect the use and enjoyment of
Town of Three Hills Land Use Bylaw 146
would interfere with or affect the use and enjoyment of adjacent land uses.
Additional Rules Governing Yards
a. Rules governing yards and there use for permitted and discretionary uses are
subject to Section 7.57 in addition to any requirements found within this
district.
Town of Three Hills Land Use Bylaw
14
C2 - COMMERCIAL CENTRAL DISTRICT
Purpose
The purpose and intent of this district is to provide for pedestrian-oriented commercial
developments offering a wide variety of goods and services, and other uses, herein listed,
which will create an attractive environment for pedestrians, and promote the downtown
core of the Town, but which will be accessible to motor vehicles.
Permitted Uses
Convenience Retail Store
Financial Institution
Government Service
Health Service
Personal Service
Post Office
Professional and Administrative Office
Restaurant
Retail Store
Specialty Food Service
Signs
Accessory Building
Accessory Use
Business Support Service
Child Care Service
Commercial School
Drinking Establishment
Funeral Home
Indoor Amusement Establishment
Indoor Participant Recreation
Library and Cultural Facility
Liquor Store
Pet Care Service
Private Club and Lodge
Shopping Centre
Spectator Entertainment Establishment
Town of Three Hills Land Use Bylaw 148
Discretionary Uses
Automotive and Equipment Sale, Repair Rental, and Storage
Communication Tower
Container, Shipping Container, Sea Can or Dry Box
Dwelling, Apartment
Equipment Rentals
Hotel
Non-accessory Parking
Public Park
Religious Assembly
Relocated Building
Temporary Building
Micro-Brewery
Cannabis Retail Sales Store
Development Regulations for Permitted and Discretionary Uses
Use
Lot Area
Floor Area
Lot Width
m2
ft2
m2
ft2
m
ft
All Uses
2,500
26,911
Use
Front Setback
Side Setback
Rear Setback
m
ft
m
ft
m
ft
All Uses
Property Line
1.5
5.0
6.0
20
Height
a. The maximum height shall not exceed 13.7 m (45 ft) unless otherwise
approved by the Development Authority. Developments over 13.7 m (45 ft)
shall require a sprinkler system.
Supplementary Regulations
a. All uses must also comply with the requirements of Section 7 and Section 8.
Additional Development Regulations for Permitted and Discretionary Uses
Any business premises or multiple occupancy building having a floor area
greater than 1,500 m2 (16,146 ft2) or a single wall length greater than 25 m (82
ft) visible from a public road shall comply with the following:
i.
the roof line and the building façade shall include design elements that
Town of Three Hills Land Use Bylaw
149
reduce the perceived mass of the building and add architectural
interest; and
ii.
landscaping adjacent to exterior walls shall be used to reduce the
perceived mass of the building and provide visual interest.
b. Where the site is part of a pedestrian-oriented shopping street, the
architectural treatment of the building may include features such as those
listed below:
i.
placement of windows to allow for viewing in the building by
pedestrians;
ii.
entrance features;
iii.
canopies;
iv.
features that lend visual interest and create a human scale; and
v.
on corner sites, the façade treatment shall wrap around the side of the
building to provide a consistent profile to both abutting roadways.
c. All exposed building faces shall have consistent and harmonious exterior
finishing materials.
d. In reviewing an application consideration shall be given to the design, siting,
landscaping, and screening of the proposed development to minimize any
potential impacts such as: traffic and patrons using the site, increased noise,
dust, odours, or refuse, and any other factors which would interfere with or
affect the use and enjoyment of adjacent land uses.
e. The following regulations shall apply to dwelling unit developments that have
frontage on to Main Street:
i.
dwelling units shall be permitted only in buildings where the first storey
is used for commercial purposes;
ii.
dwelling units may be allowed when attached to a C2 - Central
Commercial building;
iii.
dwelling units shall have access at grade, which is separate from the
access for the commercial premises; and
iv.
amenity area per dwelling unit is required, in accordance Section 7.6
of this Bylaw.
f. the parcel of land legally described as Lot 38 and 39, Block 26, Plan 4304AH
shall be permitted to have a dwelling unit in the first storey of the building
when the below grade portion of the building is used for commercial
purposes. In the event that the site is redeveloped is shall be required to
comply with this bylaw.
g. The following regulations apply to apartment dwelling unit development
located in the downtown not having frontage onto Main Street:
i.
where dwelling units are located within the same building as a
commercial use the dwelling units shall have access at grade, which
is separate from the access for the commercial premises; and
Town of Three Hills Land Use Bylaw 150
ii.
amenity area per dwelling unit is required, in accordance Section 7.6
of this Bylaw.
Additional Parking and Loading Regulations
a. Parking and loading requirements for permitted and discretionary uses are
subject to Section 7.56 in addition to the requirements found within this
district.
b. Notwithstanding the off-street parking requirements identified in Section 7.56,
should the approving development authority deem it advisable, it may
reduce or waive the parking space requirements for proposed development
or redevelopment of a commercial site within the C2 - Commercial Central
District:
c. where the configuration of the buildings to be developed and those
adjacent buildings is such that the provision of required parking is not
practical; or
d. where the dimensions or site area are inadequate to reasonably
accommodate the proposed development and required parking.
e. No parking, loading, storage, trash collection, outdoor service, or display
area shall be permitted within a required front setback. Vehicular parking,
loading, storage, and trash collection areas shall be located to the rear or
sides of the principal building and shall be screened from view from any
adjacent sites and/or public roadways in accordance with the provisions of
Section 7.49 SCREENING AND GARBAGE STORAGE of this Bylaw. If the rear or
sides of a site are used for parking, an outdoor service or display area or both,
and abut a residential district or a lane serving a residential district, such areas
shall be screened in accordance with the provisions of Subsection 7.49 of this
Bylaw.
Additional Landscaping Regulations
a. Landscaping requirements for permitted and discretionary uses are subject
to, Section 7.33 in addition to the requirements found within this district.
b. Any trees or shrubs which die, that were planted under the approved
landscaping plan, must be replaced in the next planting season.
Additional Rules Governing Yards
a. Rules governing yards and there use for permitted and discretionary uses are
subject to Section 7.33 in addition to any requirements found within this
district.
b. No person shall keep in any part of a yard any inoperable or unregistered
vehicle or any vehicle that is in a dilapidated or unsightly condition unless it is
suitably housed or screened to the sole satisfaction of the development
authority
c. All exterior storage shall be adequately screened from adjacent parcels to
the sole satisfaction of the development authority.
Town of Three Hills Land Use Bylaw
151
C3 - COMMERCIAL HIGHWAY DISTRICT
Purpose
a. The purpose and intent of this district is to provide an area for commercial uses
and other uses, herein listed, which are compatible with the area, adjacent to
a highway which requires large open areas for parking by clientele, for display
of merchandise, or both, which will create an attractive environment to serve
the public.
Permitted Uses
Automotive and Equipment Sales
Convenience Retail Store
Drive-In Business
Hotel
Motel
Restaurant
Service Station
Tourist Information Centre
Accessory Building
Accessory Use
Custom Workshop
Drinking Establishment
Equipment Rentals
General Contractor Service
Liquor Store
Outside Sale and Storage
Personal Service
Professional, Financial, and Administrative Office
Public or Quasi-public Use
Public Utility Building
Signs
Retail Store
Shopping Centre
Warehouse Sales
Micro-brewery
Town of Three Hills Land Use Bylaw 152
Discretionary Uses
Air Supported Fabric Covered Structures
Automotive and Equipment Sale, Repair, Rental, and Storage
Campground
Communication Tower
Container, Shipping Container, Sea Can or Dry Box
Library and Cultural Facility
Outdoor Participant Recreation Service
Religious Assembly, limited to religious assembly uses located at the following
locations legally described as: Lot 3, Block 10, Plan 0813003; Block A, Plan
8153FO; and Lot 2, Plan 9912141.
Relocated Building
Temporary Building
Cannabis Retail Sales Store
Truck or Car Wash
Development Regulations for Permitted and Discretionary Uses
Use
Lot Area
Floor Area
Lot Width
Lot Depth
m2
ft2
m2
ft2
m
ft
m
ft
All Uses
464
5,000
15.2
50
45
148
Hotels & Motels
1,858
20,000
15.2
50
45
148
Height
a. The maximum height shall not exceed 13.7 m (45 ft) unless otherwise
approved by the Development Authority. Developments over 13.7 m (45 ft)
shall require a sprinkler system.
Supplementary Regulations
a. All uses must also comply with the requirements of Section 7 and Section 8.
Use
Front Setback
Side Setback
Rear Setback
m
ft
m
ft
m
ft
All Uses
6.0
20
1.5
5.0
6.0
20
All Uses (adjacent to primary highway)
40
131
1.5
5.0
6.0
20
All Uses (abutting residential)
6.0
20
3.1
10
7.5
25
Town of Three Hills Land Use Bylaw
153
Additional Development Regulations for Permitted and Discretionary Uses
a. Religious assembly uses shall be limited to the locations legally described as:
Lot 3, Block 10, Plan 0813003; Block A, Plan 8153FO; and Lot 2, Plan 9912141.
b. Any business premises or multiple occupancy building having a floor area
greater than 1,500 m2 (16,146 ft2) or a single wall length greater than 25 m (82
ft) visible from a public road shall comply with the following:
i.
the roof line and the building façade shall include design elements that
reduce the perceived mass of the building; and
ii.
landscaping adjacent to exterior walls shall be used to reduce the
perceived mass of the building and provide visual interest.
c. All exposed building faces shall have consistent and harmonious exterior
finishing materials.
d. In reviewing an application consideration shall be given to the design, siting,
landscaping, and screening of the proposed development to minimize any
potential impacts such as: traffic and patrons using the site, increased noise,
dust, odours, or refuse, and any other factors which would interfere with or
affect the use and enjoyment of adjacent land uses.
e. A permit for development in this district must also be granted by the
appropriate Provincial department (when the site is adjacent to a controlled
highway).
Additional Landscaping Regulations
a. Landscaping requirements for permitted and discretionary uses are subject
to Section 7.33 in addition to the requirements found within this district.
b. Any trees or shrubs which die, that were planted under the approved
landscaping plan, must be replaced in the next planting season.
Additional Rules Governing Yards
a. Rules governing yards and there use for permitted and discretionary uses are
subject to Section 7.57 in addition to any requirements found within this
district.
b. All exterior storage shall be adequately screened from adjacent parcels to
the sole satisfaction of the development authority.
Town of Three Hills Land Use Bylaw 154
C4-COMMERCIAL INDUSTRIAL DISTRICT
Purpose
The purpose of this District is to accommodate a broad range of commercial services
and a limited range of light industrial, warehousing, storage, and industrial support
services that do not cause any external, objectionable or dangerous conditions beyond
the parcel boundary; are adjacent to a major thoroughfare; require large open areas
either for parking by clientele or display of merchandise, or both; and are primarily
accessible to motor vehicles. This District is intended to promote flexibility in small-to-
medium scale employment uses.
Permitted Uses
a. Accessory Buildings
b. Accessory Uses
c. Automotive Equipment Repair and Equipment Sale, Repair, Rental and
Storage
d. Building Supply Store
e. Business Support Services
f. Car and Truck Wash
g. Drive-in Business
h. Equipment Rentals
i. General Contractor Service
j. Industrial Light
k. Manufacturing (Small Scale)
l. Personal Service
m. Public Utility Use/Building
n. Repair Facility (With or without an outdoor storage yard)
o. Restaurant
p. Retail Store
q. Service Station
r. Shopping Centre
s. Signs (No Variances Required)
t. Temporary Building
u. Tourist Information Centre
v. Warehouses
w. Warehousing
Town of Three Hills Land Use Bylaw
155
x. Warehouse Sales
Discretionary Uses
a. Air Supported and Fabric Covered Structures
b. Commercial Recreation and Entertainment Facility
c. Communication Tower
d. Dealership/Rental Agency, Implement and Equipment
e. Dealership/Rental Agency, Recreational Vehicles
f. Indoor Participation Recreation Service
g. Micro-Breweries with Retail Sales
h. Outside Sale and Storage
i. Outdoor Participation Recreation Service
j. Self-Storage Facility
k. Signs (Variances Required)
l. Veterinary Service
m. Hotels
Any use that is similar, in the opinion of the Development Authority, to the permitted or
discretionary uses described above.
Development Regulations for Permitted and Discretionary Uses
Use
Lot Area
Floor Area
Lot Width
Lot Depth
m2
ft2
m2
ft2
m
ft
m
ft
All Uses
464
5,000
15.2
50
45
148
Hotels & Motels
1,858
20,000
15.2
50
45
148
Height
a. The maximum height shall not exceed 13.7 m (45 ft) unless otherwise
approved by the Development Authority.
b. Developments over 13.7 m (45 ft) shall require a sprinkler system.
9.13.5
Supplementary Regulations
a. All uses must also comply with the requirements of Section 7 and Section 8.
Use
Front Setback
Side Setback
Rear Setback
m
ft
m
ft
m
ft
All Uses
6.0
20
1.5
5.0
6.0
20
All Uses (adjacent to primary highway)
40
131
1.5
5.0
6.0
20
All Uses (abutting residential)
6.0
20
3.1
10
7.5
25
Town of Three Hills Land Use Bylaw 156
9.13.6
Additional Development Regulations for Permitted and Discretionary Uses
a. Notwithstanding any other regulations in this Land Use Bylaw, the
Development Authority should assess the size, location, design, character
and appearance of any building, series of buildings, structure or sign
proposed to be installed or constructed to determine the compatibility with
the character of development on adjacent lands including, but not
necessarily limited to, facing materials, roof pitches, eave depth, building
mass and architectural detailing.
b. Rooflines and facades of large buildings with a single wall greater than 30 m
(98.42 ft) fronting onto a street shall be designed to reduce the visual massing
with architectural elements or changes in building finish to create an
identifiable pattern.
c. Facades fronting onto a street should have a recognizable base and top
consisting of, but not limited to, cornice treatments, other than just coloured
stripes or bands, with integrally textured materials such as stone or other
masonry or differently coloured materials.
d. The façade treatment shall wrap around the side of the building a minimum
of 1.0 m (3.28 ft) to provide a consistent profile to the front and side of the
building. The Development Authority may require the treatment to be
extended beyond 1.0 m (3.28 ft) where the facades are visible from more
than one public street.
e. Where a building is located on a corner lot, with frontage on two or more
streets, the building's architectural style shall address both streets. Wrap
around architectural features are encouraged.
f. In addition to the landscape regulations contained in Section 7.33
LANDSCAPING of this Bylaw, landscaping shall be concentrated around
entrances and include boulevard trees and flower or shrub beds at the base
of buildings.
g. In addition to the regulations contained in Section 8 SIGNS of this Bylaw,
signage shall be sensitive to the architecture of the building on site, adjacent
buildings and uses as well as the function of the area.
h. Loading and storage shall be located at the rear or side of the building.
i. Garbage and waste material shall be stored in weather and animal proof
containers and located in the rear or side yard.
j. No development permit shall be issued if the Development Authority deems
the development will not comply with the environmental protection
standards in Section 7.25 of this Bylaw.
k. All container, shipping container, sea-can or dry box developments shall be
in accordance with the regulations in Section 7.14 of this Bylaw and are
deemed to be an accessory building to the principal building to be used
only for storage. The containers shall not be stacked.
l. Air supported and fabric covered structures will only be permitted as
an accessory.
Town of Three Hills Land Use Bylaw
157
I1 - INDUSTRIAL GENERAL DISTRICT
Purpose
The purpose of this district is to provide for a variety of general industrial uses including
warehousing, manufacturing, assembling and fabricating activities, and other industrial
land uses which may require an outside storage component necessary to the operation
of the business. This district may also contain large scale or specialized operations, where
there are no significant external, objectionable, or dangerous conditions beyond the
outer limits of the site.
Permitted Uses
a. Accessory Building
b. Accessory Use
c. Air Supported and Fabric Covered Structures
d. Auctioneering Establishment
e. Container, Shipping Container, Sea Can or Dry Box
f. Custom Workshop
g. Farm and Industrial Machinery Sale, Rental, and Service
h. Fertilizer Blending System
i. Fuels and Chemicals Sale and Storage
j. General Contractor Service
k. Automotive and Equipment Sale, Repair, Rental, and Storage
l. Business Support Service
m. Manufacturing, Small Scale
n. Mini-Storage
o. Municipal Shop and Storage Yard
p. Signs
q. Outside Sale and Storage
r. Professional and/or Administrative Offices, which provide a direct service to
the industrial uses within this area
s. Public or Quasi-public Use
t. Public Utility Building
u. Recycling Depot
v. Seed Cleaning Plant
w. Vehicle and Equipment Storage
x. Warehouse Sales
Town of Three Hills Land Use Bylaw 158
Discretionary Uses
Communication Tower
Custodial Quarters
Drive-In Business
Animal Hospital and Shelter
General Industrial
Kennel
Manufacturing, Large Scale
Medical Marijuana Facility
Pet Care Service
Relocated Building
Temporary Building
Temporary Storage
Veterinary Service
Development Regulations for Permitted and Discretionary Use
a. One (1) minimum 4.5 m (15 ft) side setback to provide alternate access to
the rear of buildings in a laneless subdivision.
Height
a. The maximum height shall not exceed 13.7 m (45 ft) unless otherwise
approved by the development authority. Developments over 13.7 m (45 ft)
shall require a sprinkler system.
Development Standards:
a. The operation of all uses shall comply with the environmental and public
health performance standards of the Provincial Government. If the
development authority believes a proposed use may conflict with these
standards, they shall refer the application to the appropriate Provincial
Department for clarification prior to issuing a development permit.
Use
Lot Area
Floor Area
Lot Width
m2
ft2
m2
ft2
m
ft
All Uses
557
5,996
18
60
Use
Front Setback
Side Setback
Rear Setback
m
ft
m
ft
m
ft
All Uses
6.0
20
1.5
5
6.0
20
All Uses (abutting residential)
6.0
20
6.0
20
6.0
20
Town of Three Hills Land Use Bylaw
159
Supplementary Regulations
a. All uses must also comply with the requirements of Section 7 and Section 8.
Additional Development Regulations for Permitted and Discretionary Uses
a. Adverse Effects or Nuisances for Proposed Development
i.
In determining the significance of adverse effects or nuisances of a
proposed development on adjacent or nearby sites, the development
authority can consider the following:
1) The magnitude of the adverse effect or nuisance;
2) The extent, frequency, and duration of exposure to the adverse
effect or nuisance; and
3) The use and sensitivity of adjacent or nearby sites relative to the
adverse effect or nuisance.
b. Industrial developments shall not create significant adverse effect or
nuisance such as noise, effluent, odour, or emissions beyond their I1 Industrial
General land use district.
c. No development permit shall be issued if the development will not comply
with the environmental protection standards in Section 7.25.
d. Buildings that have been brought to the site prebuilt shall be visually
compatible with the site and shall require a development permit.
Additional Parking and Loading Regulations
a. Parking and loading requirements for permitted and discretionary uses are
subject to Section 7.56 in addition to the requirements of this district
b. Notwithstanding the off-street parking requirements identified in Section 7.56,
should the development authority deem it advisable it may reduce or waive
the
parking
space
requirements
for
proposed
development
or
redevelopment of an industrial site within the I1 - Industrial General District:
i.
where the configuration of the buildings to be developed and those
adjacent buildings is such that the provision of required parking is not
practical; or
ii.
where the dimensions or site area are inadequate to reasonably
accommodate the proposed development and required parking;
and
iii.
An applicant wishing to access a site located adjacent to any
provincial highway, shall be responsible for obtaining approval from
the Provincial Highway Authority prior to the development authority
making a decision on a site access.
Additional Landscaping Regulations
a. Landscaping requirements for permitted and discretionary uses are subject
to Section 7.33, in addition to the requirements found within this district.
Town of Three Hills Land Use Bylaw 160
uses which involve the storage of goods, machinery, vehicles, building
materials, waste materials, and other items.
c. Outside sale and storage uses shall be screened from adjacent sites and
public thoroughfares by fencing and vegetative screening.
Additional Container, Shipping Container, Sea Can and Dry Box Regulations
a. All container, shipping container, sea can and dry box developments shall
be in accordance with the regulations in Section 7.14 and will be permitted
as an accessory building to the principal building for storage only. The
containers shall not be stacked. The exterior finish shall match or compliment
the exterior finish of the principal building.
Additional Air Supported and Fabric Covered Structures Regulations
a. Air supported and fabric covered structures will only be permitted as an
accessory building, in accordance with the regulations in Section 7.3.
Town of Three Hills Land Use Bylaw
161
I2 - INDUSTRIAL RAILWAY DISTRICT
Purpose
The purpose and intent of this district is to provide for industrial uses, which may require
access to railway facilities.
Permitted Uses
a. Nil
Discretionary Uses
Air Supported and Fabric Covered Structures
Communication Tower
Container, Shipping Container, Sea Can or Dry Box
Custodial Quarters
Fuel and Chemical Sale and Storage
General Industrial
Kennel
Manufacturing, Small Scale
Mini-Storage
Open Storage Yard
Outside Sale and Storage
Public or Quasi-public Use
Public Utility Building
Relocated Building
Signs
Temporary Building
Temporary Storage
Warehouse Sales
Grain Elevators
Development Regulations for Permitted and Discretionary Uses
Use
Lot Area
Floor Area
Lot Width
m2
ft2
m2
ft2
m
ft
All Uses
464
4,995
15.2
50
Use
Front Setback
Side Setback
Rear Setback
m
ft
m
ft
m
ft
All Uses
5.0
16
1.5
5.0
6.0
20
Town of Three Hills Land Use Bylaw 162
a. The minimum side setback for fuels and chemicals sales and storage uses
shall be provided in accordance with the Fire Prevention Act.
Height
a. The maximum height shall not exceed 13.7 m (45 ft) unless otherwise
approved by the development authority. Developments over 13.7 m (45 ft)
shall require a sprinkler system.
Development Standards:
a. The operation of all uses shall comply with the environmental and public
health performance standards of the Provincial Government. If the
development authority believes a proposed use may conflict with these
standards, they shall refer the application to the appropriate Provincial
Department for clarification prior to issuing a development permit.
Supplementary Regulations
a. All uses must also comply with the requirements of Section 7 and Section 8.
Additional Development Regulations for Permitted and Discretionary Uses
a. Adverse Effects or Nuisances for Proposed Development: In determining the
significance of adverse effects or nuisances of a proposed development on
adjacent or nearby sites, the development authority can consider the
following:
i.
the magnitude of the adverse effect or nuisance;
ii.
the extent, frequency, and duration of exposure to the adverse effect
or nuisance; and
iii.
the use and sensitivity of adjacent or nearby sites relative to the
adverse effect or nuisance.
iv.
Industrial developments shall not create significant adverse effect or
nuisance such as noise, effluent, odour or emissions beyond their I2 -
Industrial Railway District.
v.
No development permit shall be issued if the development will not
comply with the environmental protection standards in Section 7.25.
vi.
Buildings that have been brought to the site prebuilt shall be visually
compatible with the site and shall require a development permit.
Additional Landscaping Regulations
Landscaping requirements for permitted and discretionary uses are subject
to Section 7.33 in addition to the requirements found within this district.
Landscaping and screening shall be provided as follows:
i.
the boulevard, where existing, and a minimum of 5% of the site area
should be landscaped in accordance with the plan approved by the
Town of Three Hills Land Use Bylaw
163
development authority;
ii.
any trees or shrubs which die, that were planted under the approved
landscaping plan, must be replaced in the next planting season; and
iii.
outside sale and storage uses shall be screened from adjacent sites
and public thoroughfares by fencing and vegetative screening.
Additional Container, Shipping Container, Sea Can, or Dry Box Regulations
a. All container, shipping container, sea can, and dry box developments shall
be in accordance with the regulations in Section 7.14 and shall be permitted
as an accessory building to the principal building for storage only. The
containers shall not be stacked. The exterior finish shall match or compliment
the exterior finish of the principal building.
Additional Air Supported and Fabric Covered Structures Regulations
a. Air supported and fabric covered structures shall only be permitted as an
accessory building, in accordance with the regulations in Section 7.3.
Town of Three Hills Land Use Bylaw 164
COL - COLLEGE DISTRICT
Purpose
The purpose and intent of this district is to provide for College educational service
facilities, both publicly and privately owned.
Permitted Uses
a. Accessory Building
b. Accessory Use
c. Signs
d. Public Education Service
e. Home Occupation - Class 1
Discretionary Uses
Child Care Service
Commercial and Industrial buildings and uses associated with the Prairie Bible
Institute (for Institute use only)
Commercial School
Communication Tower
Container, Shipping Container, Sea Can or Dry Box
Dormitory Residence
Dwelling, Apartment
Dwelling, Attached
Dwelling, Duplex
Dwelling, Semi-detached
Dwelling, Single Detached
Home Occupation Class - 2
Indoor Participant Recreation Service
Manufactured Home
Public Park
Religious Assembly
Relocated Building
Restaurant
Development Regulations for Permitted and Discretionary Uses
All developments associated with the College shall comply with the
development standards as set out in Table 10 (below). Accessory buildings
shall be sited in accordance with Section 7.
Apartment dwellings, attached dwellings, commercial and industrial
buildings, duplex dwellings, semi-detached dwellings, single detached
Town of Three Hills Land Use Bylaw
165
dwellings and manufactured and/or modular home shall only be permitted
when used in conjunction with the development and activities of the College
and all must be tied into municipal water and sewer systems
Setbacks
Residences in the COL - College District not associated with the College
require the same setbacks as in the adjacent residential district or, if there is
no adjacent residential district, the same setbacks as in the R1 District.
College District Minimum Site Requirements
The table below identifies the minimum site requirements for uses within the
College District.
Table 10: College District Minimum Site Requirements
Development
Front
Setback
Side
Setback
Rear
Setback
Floor Area
Height
Maximum
Parking
Stall/Unit
Child Care
Service
5.0 m
(16 ft)
1.5 m
(5.0 ft)
6.0 m
(20 ft)
N/A
15.0 m
(50 ft)
1 stall per
employee
Commercial/
Industrial
5.0 m
(16 ft)1
1.5 m
(5.0 ft)2
6.0 m
(20 ft)
N/A
13.7 m
(45 ft)
1 per 93 m2
(1001 ft2) of
floor area1
Dwelling,
Apartment
5.0 m
(16 ft)
1.5 m
(5.0 ft)
7.6 m
(25 ft)
38 m2 per
unit (409 ft2)
13.7 m
(45 ft)
1 plus 1 per
7 dwelling
units for
guest
parking
Dwelling,
Attached
5.0 m
(16 ft)
1.5 m
(5.0 ft)
7.6 m
(25 ft)
56 m2
603 ft2)
13.7 m
(45 ft)
1 plus 1 per
7 dwelling
units for
guest
parking
Dwelling, Duplex
5.0 m
(16 ft)
1.5 m
(5.0 ft)
7.6 m
(25 ft)
84 m2
(904 ft2)
10.6 m
(35 ft)
1
Dwelling, Semi-
detached
5.0 m
(16 ft)
1.5 m
(5.0 ft)
7.6 m
(25 ft)
84 m2
(904 ft2)
10.6 m
(35 ft)
1
Dwelling, Single
Detached
5.0 m
(16 ft)
1.5 m
(5.0 ft)
7.6 m
(25 ft)
84 m2
(904 ft2)
10.6 m
(35 ft)
1
Manufactured
Home
5.0 m
(16 ft)
1.5 m
(5.0 ft)
4.6 m
(15 ft)
65 m2
(700 ft2)
10 m
(33 ft)
1
Public Education
Service, Religious
Assembly
5.0 m
(16 ft)
1.5 m
(5.0 ft)
6.0 m
(20 ft)
N/A
15 m (50
ft)
1 per 93 m2
of floor
area1
Town of Three Hills Land Use Bylaw 166
Development
Front
Setback
Side
Setback
Rear
Setback
Floor Area
Height
Maximum
Parking
Stall/Unit
Public and quasi-
public building,
facility and
installation
5.0 m
(16 ft)
1.5 m
(5.0 ft)
6.0 m
(20 ft)
N/A
15 m (50
ft)
1 per 93 m2
of floor
area
a. Or as required by the approving Development Authority.
b. No side setback is required where a firewall is provided.
Supplementary Regulations
a. All uses must also comply with the requirements of Section 7 and Section 8.
Additional Parking and Loading Regulations
a. Parking and loading requirements for permitted and discretionary uses are
subject Section 7.56.1 in addition to any requirements found within this district.
Additional Container, Shipping Container, Sea Can or Dry Box Regulations
a. All container, shipping container, sea can and dry box developments shall
be in accordance with the regulations in Section 7.14 and shall be permitted
as an accessory building to the principal building for storage only. The
containers shall not be stacked. The exterior finish shall match or compliment
the exterior finish of the principal building.
Town of Three Hills Land Use Bylaw
167
P1 - PUBLIC COMMUNITY SERVICE DISTRICT
Purpose
The purpose of this district is to provide recreational, educational, and community service
developments for the community as a whole.
Permitted Uses
Public Park
Signs
Indoor Participant Recreation Service
Discretionary Uses
Children Services
Accessory Building
Accessory Use
Adult Care Residence
Campground
Cemetery
Communication Tower
Community Recreation Service
Exhibition Ground
Extended Medical Treatment Service
Health Service
Library and Cultural Facility
Outdoor Participant Recreation Service
Public Education Service
Religious Assembly
Relocated Building
Development Regulations for Permitted and Discretionary Uses
Site Requirements:
i.
The development authority shall evaluate each development permit
for this district on its merit and establish suitable development
requirements for each individual application.
Supplementary Regulations
All uses must also comply with the requirements of Section 7 and Section 8.
Additional Parking and Loading Regulations
Parking and loading requirements for permitted and discretionary uses are
subject to Section 7.56 in addition to any requirements within this district
Town of Three Hills Land Use Bylaw 168
Notwithstanding Section 7.56, the development authority may reduce or
waive the parking space requirements for a proposed development or
redevelopment of some discretionary uses within this district where:
i.
the lot configuration of proposed development in relation to existing
buildings is such that required parking is not practical; or
ii.
the site area is inadequate to reasonably accommodate the required
parking for a proposed development.
Town of Three Hills Land Use Bylaw
169
UR - URBAN RESERVE DISTRICT
Purpose
The purpose and intent of this district is to protect lands for future forms of development
by restricting premature subdivision and development of parcels of land and to provide
for a limited range of temporary uses that can easily be removed when the land is re-
designated to allow for urban forms of development. The proposed urban development
will be supported by an amending bylaw designating the appropriate districts in
conformity with the policies and provisions of the Municipal Development Plan and any
adopted area structure plan or area redevelopment plan for the lands under
consideration.
Permitted Uses
Extensive Agriculture
Public Park
Signs
Discretionary Uses
Communication Tower
Greenhouse, Plant Nursery, and Market Garden
Natural Resource Extraction
Development Regulations for Permitted and Discretionary Uses
a. The design, siting, site coverage, yards, height of buildings, external finish, and
landscaping of all buildings and structures shall be to the satisfaction of the
development authority which, in determining a development permit
application, shall take into account:
i.
the general purpose of the district; and
ii.
the existing uses and prospective uses of land in the vicinity.
1) The development authority shall be satisfied prior to the granting
of a development permit that the proposed use will not prejudice
the orderly development of the area including the future
establishment of residential commercial, industrial, recreational,
and service facilities on a neighbourhood and community basis.
2) All outside storage is to be screened to the satisfaction of the
development authority.
Subdivision Regulations
a. Prior to subdivision of a parcel in the UR - Urban Reserve District, the applicant
must apply for an amendment to the Bylaw's, Land Use District Map.
b. Council shall require an area structure plan before considering an
amendment to the Land Use District Map.
c. The development authority shall require an area structure plan before
recommending approval of a subdivision.
Town of Three Hills Land Use Bylaw 170
Supplementary Regulations
a. All uses must also comply with the requirements of Section 7 and Section 8.
Town of Three Hills Land Use Bylaw
171
DC - DIRECT CONTROL DISTRICT
Purpose
The purpose for this district is to provide for unique developments or transitional zones for
areas consistent with the Town's Municipal Development Plan or an approved area
structure plan, or area redevelopment plan or for special cases as approved by Council
from time to time. This district is not intended to be a substitution for any other land use
district in this Bylaw that could be used to achieve the same result.
Permitted Uses
Nil
Discretionary Uses
a. All land use applications shall be evaluated on their merits by Council, which
will establish the appropriate development standards.
Direct Control District Regulations
The following regulations apply to all uses:
a. Minimum Parcel Area: All the land contained in the existing Certificate of Title,
unless otherwise approved by the Municipal Planning Commission, having
regard to future use of the parcel and the form of future subdivision and
development.
b. Utilities: All utility services and all utility wires and conduits shall be installed
underground.
c. Water and Water Systems: All development is to be connected to the
municipal sewer and water systems.
Supplementary Regulations
a. All uses must also comply with the regulations in Sections 7 and Section 8.
Administrative Provisions
a. This district shall only be applied where the following conditions are met:
i.
The development is of a unique form or nature not contemplated or
reasonably regulated by another district.
ii.
The development is, in the opinion of Council, considered appropriate
for the site having regard for the policies and objectives of any
statutory plans applicable to the site and the surrounding area and its
compatibility with the scale and character of the surrounding
development and use
b. In addition to the information required by this Bylaw for an amendment
application, the applicant shall also provide the following:
i.
Rationale explaining why the proposed district is desirable for the site
having regard for the conditions list in Section 9.14.4. above.
ii.
A list of uses proposed for the site.
iii.
An explanation of the methods used to obtain public input and
Town of Three Hills Land Use Bylaw 172
written documentation of the opinions and concerns of surrounding
property owners and residents and how the proposed development
responds to any concerns.
iv.
Plans and elevation drawings that would help substantiate the need
for the district and establish the development standards that would
apply to the site; and any other information as may be required by
the development authority to evaluate the proposed development
and its potential impacts.
c. In approving a bylaw for a Direct Control District for a particular site, Council
may specify:
i.
those uses that may be decided upon by a development authority;
and
ii.
those development standards for with a variance may be granted.