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Part 5 - Specific Use Regulations
5.1.
Animal Service Facility, Minor and Major
5.1.1
Animal Service Facilities shall be designed to adequately suppress
noise from adjacent properties.
5.1.2
A separate air extractor system shall be provided for animal holding
areas where heating, cooling, and air circulation systems are shared
with other businesses.
5.1.3
Facilities permitted to board animals overnight shall be equipped
with indoor exercise runs, and the permit application shall
demonstrate that the number of runs provided is sufficient to meet
the needs of the animals being boarded.
5.1.4
Animal Service Facilities, Major shall not be permitted within 150.0
m of a residential district.
5.1.5
All exterior exercise areas, such as runs, shall be enclosed with a fence
acceptable to the Development Authority with a minimum height of
1.85 m.
5.1.6
Additional screening from adjacent sites may be required at the
discretion of the Development Authority.
5.1.7
The Town's Animal Control Bylaw shall apply to all developments
under this Section.
5.2
Bed and Breakfast
5.2.1
A Bed and Breakfast shall be an accessory use to the principal use of
the residential dwelling.
5.2.2
A maximum of three (3) guest rooms may be provided within the
residential dwelling.
5.2.3
A bed and breakfast shall be operated in a manner that ensures the
privacy and enjoyment of adjacent residents is preserved and the
amenities of the neighborhoods are maintained at all times to the
satisfaction of the Development Authority.
5.2.4
A bed and breakfast shall not be approved within a building where a
development permit has been issued for the following:
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a)
Home Business, Major
b) Group Home, Major
c) Group Home, Minor
d) Secondary Suite
e) Family Day Home
f)
Backyard Suite
5.2.5
The principal character and appearance of the residential use shall
not be altered by the development of a Bed and Breakfast.
5.2.6
One additional on-site parking stall is required for each guest room.
5.2.7
No kitchen facilities shall be available in guest rooms.
5.3
Campground
5.3.1
Where a campground is proposed and is located on a parcel greater
than 8 ha, a master plan or conceptual plan for the development of
the entire tract of land shall be submitted and approved by the
Development Authority prior to submitting a development permit
application for any site specific development. The master plan or
conceptual plan shall include detailed plans and specifications (e.g.
servicing, traffic, environmental considerations, landscaping, park
areas, etc.) for the initial stage, as well as any subsequent stages of
development.
5.3.2
Campgrounds, containing campsites and cabins, are considered to be
temporary, seasonal occupancies, commencing in the spring and
ceasing in the fall each year.
5.3.3
Campgrounds may allow year-round occupancy, at the discretion of
the Development Authority, subject to the provision of full municipal
services to the individual campsites.
5.4
Cannabis Retail Sales
5.4.1
Cannabis retail sales shall not be located within 100 metres of a
provincial health care facility; a school or a parcel of land designated
as school reserve or as amended from time to time by the Province
of Alberta.
5.4.2
Cannabis retail sales shall not be permitted to co-locate with retail
outlets dealing with pharmaceuticals, tobacco or alcohol, or as
amended from time to time by the Province of Alberta.
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5.4.3
Cannabis retail sales located adjacent to any site being used for
pubic outdoor or indoor recreation shall be required to install
uniform fencing around the perimeter of the site, with no
pedestrian or vehicular access permitted between the sites.
5.4.4
The hours of operation shall not extend beyond 10:00am - 2:00 am,
or as amended from time to time by the Province of Alberta.
5.4.5
The number of parking spaces required shall be in accordance with
Section 6.6.1.
5.4.6
A development authority must not issue a development permit if
the proposed development does not comply with the applicable
requirements of regulations under the Gaming, Liquor and
Cannabis Act, respecting the location of premises described in a
cannabis licence and distances between those premises and other
premises.
5.4.7
The separation distance between Cannabis retail sales and any of the
uses identified in 5.4.1 above shall be measured from the closest
point of the exterior wall of the building in which the proposed
Cannabis retail sales use is located to the closest point of the exterior
wall of the building in which the other use is located. The separation
distance shall not be measured from district boundaries.
5.5
Car Wash
5.5.1
A Car Wash shall not have any vehicle exiting doors located within
20.0 m of a residential district, when measured from the edge of the
building to the nearest property line.
5.5.2
The Development Authority shall consider the location of on-site
activities, such as vehicle queuing and vacuum cleaning, that may
adversely affect adjacent properties and may require additional
screening or yard setbacks.
5.5.3
Queuing spaces shall be in accordance with Section 4.17.
5.6
Child Care Services
5.6.1
A Child Care Services facility shall, in addition to the regulations of
this Land Use Bylaw, also be subject to Provincial Child Care Licensing
Regulations, as amended.
5.6.2
A Child Care Services facility shall be located in a separate, self-
contained space, either within the principal building on the site or in
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an accessory building, with separate access to ground level.
5.7
Communication Tower
5.7.1
Subject to the following regulations, the Town shall follow the Default
Public Consultation Process set out by Industry Canada in regard to
Radio Communication and Broadcasting Antenna Systems, as
amended.
5.7.2
To initiate the Public Consultation process, and for tracking purposes,
the applicant shall submit a complete Development Permit
application to the Town, in accordance with Section 3.6. The
following should be considered in the design and siting of both tower
and antenna structures as well as auxiliary buildings:
a) Screening of facilities by using existing vegetation, landscaping,
fencing, or other means in order to blend with the built and
natural environments.
b) Design and color sensitive to the style of architecture in the
neighbourhood
to
encourage
unobtrusive,
inconspicuous
appearance.
c) Massing - situate as near as possible to similarly scaled
structures.
d) Lighting of the facilities is prohibited unless required by
Navigation Canada.
e) Stealth and/or monopole structures with flush mounted antennas
should be used to better integrate form with the existing built
environment. Where co-location on a single structure is desired,
opportunities to design equipment within a single structure
should be investigated.
f) Access to facilities should be possible without unduly interfering
with traffic flow or without unduly creating safety hazards.
5.7.3
Communications Towers are not permitted in residential districts.
5.7.4
Upon completion of the Public Consultation Process the Town shall
provide a letter of support or non-support to Industry Canada
detailing:
a) its' reasons for support or non-support of the proposed facility
from the Town's land use perspective, and;
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b) whether the carrier had adequately carried out the public
consultation process established by Industry Canada.
5.8
Dwelling, Backyard Suite
5.8.1 A backyard suite contains two or more rooms used or designed to be
used as a residence by one or more persons.
5.8.2 Contains kitchen, living, sleeping and sanitary facilities.
5.8.3 Is located in a detached accessory building located behind the front
façade of the principal dwelling.
5.8.4 May be attached to an accessory building.
5.8.5 Is considered accessory and secondary to the principal use of a single
detached dwelling.
5.8.6 Must be located on the same parcel as a single detached dwelling.
5.8.7 A backyard suite and a secondary suite shall not be located on the
same parcel.
5.8.8 A backyard suite shall provide one (1) gravelled parking space on-site
which shall be accessed from the rear lane.
5.8.9 A dwelling, backyard suite shall only be allowed on a lot with rear lane
access.
5.9
Dwelling, Single Detached - Modular Homes (Ready To Move)
5.9.1 Modular homes must comply to the CSA A277 standard and must
comply with the applicable district regulations of the Land Use Bylaw.
5.9.2 Modular homes must comply with the following architectural
guidelines:
a)
the height of the main floor above grade shall be consistent
with the height of the main floor of dwelling units in the
immediate and general area.
b)
The roof pitch, style, and features, such as gables shall be
consistent with the roofs of dwelling units in the immediate
and general area.
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c)
The roof overhang/eaves shall be a minimum of 30cm from the
surface of each wall.
d)
The design of each modular dwelling unit shall ensure the side
facing the street on which the home fronts contains a
prominently placed 'front door' and windows in quantity and
size that are consistent with dwelling units in the immediate
area.
e)
The foundations must comply with the same building code
requirements as on-site built homes.
f)
Skirting enclosures shall be parged or finished similarly in
appearance to that customarily found on basements of other
detached dwellings in the immediate and general area.
g)
The modular home shall be a minimum of 6.096m (20 feet) in
width or wider.
5.10 Dwelling, Secondary Suite
5.10.1
The following provisions shall apply to a secondary suite:
a) A secondary suite shall only be allowed within a single detached
dwelling.
b) A secondary suite shall not be allowed within a single detached
dwelling containing a Group Home Major, a Group Home Minor,
a Bed and Breakfast or a Backyard Suite.
c) A secondary suite shall not exceed 40% of the gross floor area of
the principal dwelling.
d) The exterior of the principal dwelling shall appear to be a single
dwelling.
e) A minimum of one (1) on-site parking space shall be provided;
f) A secondary suite shall contain at least two rooms in which a
bedroom, cooking facilities and a bathroom are provided.
g) Only one secondary suite per single detached dwelling shall be
permitted.
5.11 Gas Bars and Service Stations
5.11.1
The maximum site coverage for all buildings on a site under this
section shall be 25% of the site area.
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5.11.2 The minimum site area for a Gas Bar shall be 600.0 m
2, or 1200.0 m
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where a Gas Bar is part of a development with a Car Wash.
5.11.3 The minimum site area for a Service Station shall be 1500.0 m
2, or
2100.0 m
2 where a Service Station is part of a development with a Car
Wash.
5.11.4
Where a Service Station or a Gas Bar is an Accessory Use, the
minimum site area and maximum site coverage may be varied at the
discretion of the Development Authority.
5.11.5 All fuel pumps shall be located a minimum of 6.0 m from the site
boundary.
5.11.6 A canopy over a fuel pump may extend to within 3.0 m of the site
boundary.
5.11.7
Where Gas Bars or Service Stations are adjacent to, or abut, a
residential district the Development Authority shall consider the
design, finishing, lighting and siting of the development, including the
orientation of gas pump islands and service bays with the intent of
achieving a compatible relationship with surrounding development
and a high standard of appearance when viewed from the adjacent
Streets.
5.12 Group Home Major and Group Home Minor
5.12.1
Pedestrian and vehicular traffic shall not be generated in excess of
what is characteristic for the area.
5.12.2 A site containing a Group Home Major, or a Group Home Minor shall
not contain a Secondary Suite.
5.13 Home Business, Major and Minor
5.13.1
All home businesses shall comply with the following general
regulations:
a) Nuisance shall not be generated by a home business.
b) One vehicle of a client, customer or delivery arriving at the home
business shall constitute one visit.
c) Except for emergency situations, vehicle trips, deliveries and
client or customer visits shall only occur:
i)
between the hours of 8:00 a.m. and 9:00 p.m. Monday to
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Saturday; and
ii) between the hours of 10:00 a.m. and 6:00 p.m. Sundays and
Statutory holidays.
d) All parking for clients or customers, home business vehicles and
non-resident employees shall be provided on-site, except for an
occasional gathering such as a recital, instruction demonstration,
meeting, or similar event.
e) Signs shall be as outlined in Part 8 of this Bylaw.
f) A development permit shall expire upon change in ownership of
the property.
g) Where the Development Authority determines that a proposed
home business would be more appropriately located in a
commercial or industrial district due to the proposed scale,
potential traffic generation, potential off-site impact or nuisance,
the Development Authority shall not approve a development
permit.
5.13.2
A home business, minor is a permitted use, subject to the provisions
of Section 5.13.1 and the following:
a)
storage of materials or goods related to the home business shall
be limited to areas within the principal dwelling; and
b)
shall not exceed two (2) home business vehicles.
5.13.3
A home business, major is a discretionary use, subject to the
provisions of Section 5.13.1, the definition in Part 9 of this Bylaw, and
the following:
a)
Any storage of materials or goods related to the home business
shall be located within the principal building or accessory
building(s). Exterior storage on the lot shall not be allowed.
b)
There shall be:
i)
no more than two (2) home business vehicles;
iii) no heavy home business vehicles parked, stored or
maintained on the property;
iv) no more than one (1) non-resident employee; and
v) no more than six (6) client or customer visits per day.
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5.14 Religious Assembly
5.14.1
A religious assembly shall:
a) have a minimum lot frontage of 30.0m; and
b) have a combined site area of not less than 1,300m2 where a
manse, rectory or other building is used for a residence related to
a religious assembly on the same site.
5.14.2 Where a religious assembly is adjacent to a residential district it shall:
a) be located on a corner lot in such a way that it would minimize the
impact on adjacent development. In no instance shall a religious
assembly be approved in the interior of the block unless at least
one of the adjacent developments is other than residential;
b) not exceed a total site coverage of 40%;
c) not exceed 10.0m in height or the maximum allowable height of
the district, whichever is greater;
d) be setback a minimum of 7.5m from the front and rear lot lines to
the principal building; and
e) be setback a minimum of 6.0m from any side lot line abutting a
residential district to the principal building.
5.14.3
To minimize impact on adjacent uses, the Development Authority
may require that the principal building be designed to reduce the
perceived massing through techniques such as:
a) increased setbacks and landscaping;
b) articulation of elevations and rooflines; and
c) varying finishing materials and colors.
5.15 Retail Alcohol
5.15.1
A Retail Alcohol Use located adjacent to any site being used for
outdoor or indoor recreation shall be required to install uniform
fencing around the perimeter of the site, with no pedestrian or
vehicular access permitted between the sites.
5.16 Surveillance Suite
5.16.1
A maximum of one Surveillance Suite shall be permitted on any
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single site.
5.16.2
A Surveillance Suite shall not be a principal use of the site.
5.16.3
The Development Permit for a Surveillance Suite is considered void
if the approved development with which the surveillance suite is
associated ceases or is removed.
5.16.4
The maximum Floor Area of a Surveillance Suite shall be 80.0 m2.
5.16.5
Where a Surveillance Suite is not part of the principal building; it
shall be sited in accordance with the setback regulations of the
applicable district.
5.16.6
The form of Surveillance suite shall comply with the Alberta
Building Code, with proof submitted as part of the application.
5.17 Wind Energy Conversion System (WECS)
5.17.1
WECS, Micro shall comply with Section 3.5.12