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Last Consolidated Feb. 2021
1
VILLAGE OF VETERAN
LAND USE BYLAW NO. 547-21
BEING A BYLAW OF THE VILLAGE OF VETERAN IN THE PROVINCE OF ALBERTA TO REGULATE THE
DEVELOPMENT AND USE OF LAND IN THE VILLAGE OF VETERAN
WHEREAS: Pursuant to the provisions of Section 639(1) of the Municipal Government Act, as
amended, the Council of the Village of Veteran must, by Bylaw in accordance with Section 692
of the Municipal Government Act, adopt a plan to be known as:
"THE VILLAGE OF VETERAN LAND USE BYLAW"
AND WHEREAS: A Public Hearing was held on the 23rd day of March 2021, as required by Section
230 of the Municipal Government Act.
NOW THEREFORE: THE COUNCIL OF THE VILLAGE OF VETERAN IN THE PROVINCE OF ALBERTA, DULY
ASSEMBLED, ENACTS AS FOLLOWS:
1.
This Bylaw may be cited as "The Village of Veteran Land Use Bylaw".
2.
Bylaw No. 517-14 being the "Village of Veteran Land Use Bylaw" currently in effect is
hereby repealed including all amendments thereto and replaced by Bylaw No. 547-21.
3.
Council adopts as the Land Use Bylaw for those lands contained within its civic boundaries,
"The Village of Veteran Land Use Bylaw."
4.
Council adopts as "The Village of Veteran Land Use Bylaw" this text and the
accompanying Schedules.
5.
This Bylaw takes effect on the date of the third and final reading.
READ A FIRST TIME this 2rd day of February, 2021.
READ A SECOND TIME this 23rd day of March, 2021.
READ A THIRD TIME AND FINALLY PASSED this 23rd day of March, 2021.
____________________
____________________
Jerry Wipf
Debbie Johnstone
Mayor
C.A.O.
2
Text Amendments to Land Use Bylaw 547-21
Bylaw No.
Date
Description
3
TABLE OF CONTENTS
1
PART 1 - GENERAL .............................................................................................................................. 6
1.1
TITLE ....................................................................................................................................... 7
1.2
PURPOSE ................................................................................................................................... 7
1.3
REPEAL ..................................................................................................................................... 7
1.4
APPLICATION AND ADDITIONAL REQUIREMENTS ................................................................................... 7
1.5
CONFORMITY WITH BYLAW ............................................................................................................. 8
1.6
SEVERABILITY ............................................................................................................................ 8
1.7
APPLICATIONS IN PROCESS ............................................................................................................ 8
1.8
FORMS AND NOTICES .................................................................................................................... 8
1.9
RULES OF INTERPRETATION ............................................................................................................ 8
1.10
AMENDMENTS TO THIS BYLAW ........................................................................................................ 9
2
PART 2 - DEVELOPMENT & SUBDIVISION AUTHORITIES .................................................................. 11
2.1
ESTABLISHMENT OF THE DEVELOPMENT AUTHORITY ........................................................................... 11
2.2
DEVELOPMENT AUTHORITY POWERS AND DUTIES ............................................................................... 11
2.3
SUBDIVISION AUTHORITY ............................................................................................................ 12
2.4
SUBDIVISION AUTHORITY POWERS AND DUTIES ................................................................................. 12
2.5
SUBDIVISION OF LAND ................................................................................................................ 13
3
PART 3 DEVELOPMENT PERMITS ....................................................................................................... 14
3.1
DEVELOPMENT PERMITS REQUIRED ................................................................................................ 14
3.2
DEVELOPMENT PERMITS NOT REQUIRED .......................................................................................... 14
3.3
APPLICATION FOR A DEVELOPMENT PERMIT ...................................................................................... 16
3.4
DECIDING ON DEVELOPMENT PERMIT APPLICATIONS .......................................................................... 17
3.5
ISSUANCE OF A DEVELOPMENT PERMIT AND NOTICES .......................................................................... 18
3.6
CONDITIONS OF A DEVELOPMENT PERMIT ........................................................................................ 19
3.7
NON-CONFORMING BUILDINGS AND USES ........................................................................................ 20
4
PART 4 APPEALS ............................................................................................................................... 21
4.1 APPEAL PROCEDURE ...................................................................................................................... 21
4.2 PUBLIC HEARING ........................................................................................................................... 21
4.3 DECISION .................................................................................................................................... 22
5
PART 5 LAND USE DISTRICTS AND OVERLAY .................................................................................. 23
5.1
DISTRICTS ............................................................................................................................... 23
4
5.2
DISTRICT BOUNDARIES ............................................................................................................... 23
5.3
R-1 - RESIDENTIAL DISTRICT ...................................................................................................... 25
5.4
R-2 - RESIDENTIAL DISTRICT ...................................................................................................... 28
5.5
MHR- MANUFACTURED HOME RESIDENTIAL DISTRICT ........................................................................ 30
5.6
C-1 - CENTRAL COMMERCIAL DISTRICT.......................................................................................... 33
5.7
C-2 - GENERAL COMMERCIAL DISTRICT .......................................................................................... 37
5.8
M-1 - INDUSTRIAL DISTRICT ....................................................................................................... 40
5.9
CS - COMMUNITY SERVICE DISTRICT ............................................................................................. 42
5.10
UR - URBAN RESERVE DISTRICT .................................................................................................... 45
6
PART 6 DEFINITIONS ......................................................................................................................... 47
7
PART 7 GENERAL LAND USE REGULATIONS .................................................................................... 62
7.1
ACCESSORY BUILDING & USES ...................................................................................................... 62
7.2
DEMOLITION OR REMOVAL OF BUILDINGS ......................................................................................... 63
7.3
COMMUNICATION TOWERS ........................................................................................................... 64
7.4
DRAINAGE ............................................................................................................................... 65
7.5
DWELLING UNITS ON A PARCEL ..................................................................................................... 65
7.6
FENCING AND HEDGES ................................................................................................................ 66
7.7
OFF-STREET LOADING & UNLOADING FOR COMMERCIAL & INDUSTRIAL DEVELOPMENT ................................ 67
7.8
PARKING ................................................................................................................................. 68
7.9
PHYSICAL ENVIRONMENT ............................................................................................................. 69
7.10
PROJECTION OVER YARDS ........................................................................................................... 69
7.11
RELOCATION OF BUILDINGS.......................................................................................................... 70
7.12
SITE DEVELOPMENT ................................................................................................................... 70
8
PART 7 SPECIFIC LAND USE REGULATIONS .................................................................................... 71
8.1
ANIMAL UNITS ....................................................................................................................... 71
8.2
BREWERY, WINERY OR DISTILLERY ................................................................................................. 71
8.3
CANNABIS REGULATIONS ............................................................................................................. 73
8.4
CANNABIS RETAIL STORE ............................................................................................................ 74
8.5
CANNABIS PRODUCTION FACILITY .................................................................................................. 75
8.6
PRIVATE SWIMMING POOLS, HOT TUBS, & SPA'S ............................................................................... 76
8.7
RENEWABLE ENERGY SYSTEMS ...................................................................................................... 77
8.8
SECONDARY SUITES ................................................................................................................... 77
8.9
SIGNS ..................................................................................................................................... 78
5
8.10
SMALL WIND ENERGY SYSTEMS ..................................................................................................... 80
8.11
UTILITIES ................................................................................................................................ 82
9
PART 8 ENFORCEMENT ..................................................................................................................... 84
9.1
MUNICIPAL INSPECTION AND RIGHT OF ENTRY .................................................................................. 84
9.2
STOP ORDER ............................................................................................................................. 84
9.3
OFFENCES AND PENALTIES ........................................................................................................... 86
6
METRES TO FEET | METRES 2 to FEET 2
Metres
Feet
0.5
1.64
1.0
3.28
2.0
6.56
3.0
9.84
4.0
13.12
5.0
16.40
6.0
19.69
Metres2
Feet2
1.5
16.15
7.5
80.73
310.0
3336.81
570.0
6135.43
850.0
9149.32
1300.0
13993.08
8000.0
86112.28
Figure 1
1 PART 1 - GENERAL
The "User Guide" is intended for information and clarity purposes only and is not a section of the
Land Use Bylaw.
The Land Use Bylaw establishes rules and regulations for the use of land and buildings. It
regulates location, intensity, type of land use, buildings, and also details the process for land use
redesignations and the application process for permits to develop property.
Alignment with existing policies is a key component of the rules and regulations outlined in the
Land Use Bylaw. This Land Use Bylaw reflects the Municipal Development Plan and bylaws,
regulations and Acts of the Village and governments of Alberta and Canada. Wherever
possible, these are referenced in the Land Use Bylaw, but the onus is on the individual
landowner, developer and/or applicant to ensure that relevant policies of the Municipal
Development Plan, other local bylaws and provincial and federal legislation are followed.
Applicants are encouraged to review their proposed development with the Village prior to
submitting an application.
As a reference document, the Land Use Bylaw's Table of Contents is an important index.
This Bylaw is written in metric. To convert metres to feet multiply the number of metres by 3.28 to
get the approximate dimension in feet. To convert square metres to square feet multiply the
number of square metres by 10.764 to get the number of square feet. Some typical dimensions
used in the Bylaw and their Imperial equivalents are shown below.
7
1.1 TITLE
This Bylaw may be cited as the "The Village of Veteran Land Use Bylaw".
1.2 PURPOSE
1.2.1 The purpose of this Bylaw is to regulate and control the use and development
of land and buildings within the municipality to achieve the orderly and
economic development of land within the Village of Veteran.
More specifically, this Bylaw:
a) Designates a land use district to all parcels of land within the Village;
b) Establishes the roles of the Approving Authorities; and
c) Establishes the method of making decisions on applications for re-
designation and Development Permits.
1.2.2 This Bylaw is in alignment with the Village's Municipal Development Plan as
amended from time to time, and shall be applied in a manner that serves to
implement statutory plans that have been adopted by the Village.
1.2.3 This Bylaw shall be used in conjunction with the Guidelines, Standards, Policies,
and Procedures as adopted and amended by Council from time to time.
1.3 REPEAL
Bylaw No. 517-14, and amendments thereto, are hereby repealed.
1.4 APPLICATION AND ADDITIONAL REQUIREMENTS
1.4.1 The provisions of this Bylaw apply to all land and buildings within the
boundaries of the Village.
1.4.2 Compliance with the requirements of this Bylaw does not exempt any person
undertaking a development from complying with all applicable municipal,
provincial or federal legislation, and respecting any easements, covenants,
agreements or other contracts affecting the land or the development.
1.4.3
In addition to meeting the requirements of this Bylaw, it is the responsibility of
the applicant to obtain other such permits, approvals or licenses that may be
required by the municipality or other Provincial and/or Federal Government
departments and agencies. A person(s) who applies for, or is in possession of a
valid Development Permit is responsible for complying with or carrying out
development in accordance with:
8
(a)
The conditions of any caveat, covenant, easement, instrument or
agreement affecting the land or building;
(b)
The requirements of other applicable Village bylaws, policies and
procedures as adopted by the Village from time to time; and
(c)
Any successor or replacement legislation or regulation which may
be enacted in substitution thereof.
1.5 CONFORMITY WITH BYLAW
No person shall commence any development unless it is in accordance with
the terms and conditions of this Land Use Bylaw.
1.6 SEVERABILITY
If any provision of this Bylaw is found to be unenforceable or contradictory to
superseding laws and regulations, it is the intention of the Council that such
provision be severed from this Bylaw and that every other provision of this
Bylaw continue in force and effect.
1.7 APPLICATIONS IN PROCESS
All applications for redesignation, subdivision and development which are
received and deemed complete but not yet approved prior to the effective
date of this Bylaw shall require alignment with this Bylaw and the provisions of
this Bylaw shall be applicable to all decisions on these applications.
1.8 FORMS AND NOTICES
For the purpose of administering the provisions of this Bylaw, the Development
Authority shall prepare forms and notices as they may deem necessary.
1.9 RULES OF INTERPRETATION
1.9.1
Compliance with the policies in this Bylaw shall be interpreted and applied as
follows:
(a) "DISCRETIONARY USE" means the use of land or a building for which a
Development Permit may be issued by the Development Authority,
with or without conditions. Discretionary uses require the approval of
the Municipal Planning Commission.
(b) "MAY" is a discretionary term, meaning the provision in question can
be enforced by the Village if it chooses to do so, dependent on the
particular circumstances of the site and/or application.
9
(c) "MUST" is a directive term that indicates that the actions outlined are
mandatory and therefore must be complied with, without discretion.
(d) "PERMITTED USE" means the use of land or a building which is listed as
Permitted in a Land Use District and for which a Development Permit
must be issued with or without conditions by the Development
Authority if the proposed Development meets all requirements of this
Bylaw.
(e) "SHALL" is a directive term that indicates the action(s) outlined are
mandatory and therefore must be complied with, without discretion,
by Administration, the developer/landowner, and the Development
Authority.
(f) "SHOULD" is a directive term that provides direction to strive to achieve
the outlined action, but is not mandatory. When the regulation is
directed to the applicant, the onus is on the applicant to justify why the
desired action/result is not proposed and/or will not be achieved.
When a regulation or district involves two (2) or more conditions,
provisions or events connected by a conjunction, the following
definitions shall apply:
(I) "And" means all the connected items shall apply in
combination; and
(II) "Or" indicates that the connected items may apply singularly or
in combination.
1.9.2
The system of measurement used in this document is the metric system.
Imperial conversions of metric measurements are provided in brackets, but
shall not be used in lieu of metric measurements.
1.10 AMENDMENTS TO THIS BYLAW
1.10.1
Any person may apply to have this Bylaw amended using the approved form.
1.10.2
The Council may initiate amendments by its own motion.
1.10.3
All applications for amendments of this Bylaw shall be made using the
approved form, accompanied by:
(a)
the fee is determined by Council
(b)
a statement of the applicant's interest in the land;
(c)
any drawings, plans or maps required by the Development Officer;
and
(d)
any documents as required by the Development Officer.
10
1.10.4
All amendments of this Bylaw shall be made by bylaw in conformity with
the Act and the regulations.
1.10.5
The Council, in considering an application for an amendment to this Land
Use Bylaw, shall, prior to the public hearing, refer a copy of the proposed
amendment to:
(a)
Palliser Regional Municipal Services,
(b)
Special Area No.4, if the proposed amendment:
(i)
Affects land on the boundary with Special Area No.4 or
(ii)
May otherwise have an effect on land within Special Area No.
4, and
(c)
Such other persons or agencies as it considers necessary for
comment.
1.10.6
If an application for an amendment to this Bylaw has been refused by
Council, then Council need not accept an application for an amendment
for the same use on the same parcel for a period of six (6) months from the
date of refusal.
Part 2
11
2 PART 2 - DEVELOPMENT & SUBDIVISION AUTHORITIES
2.1 ESTABLISHMENT OF THE DEVELOPMENT AUTHORITY
The Development Authority shall exercise development powers and perform
duties on behalf of the municipality in accordance with Part 17 of the Municipal
Government Act and may include:
a) Development Authority
i)
The office of the Development Officer is hereby established, by
resolution, to act on behalf of Council in those matters
delegated by the Bylaw and in such matters as Council may
instruct from time to time.
ii)
The Development Officer must make available for inspection,
during office hours, all applications and decisions for
development permits, subject to any legislation in force
restricting availability.
iii)
Duties as are specified in this bylaw.
b) Municipal Planning Commission
i)
The Municipal Planning Commission, established by Bylaw in
accordance with the Municipal Government Act, shall perform
such duties as are specified in this Bylaw.
c) Subdivision and Development Appeal Board
i)
The Subdivision and Development Appeal Board, established by
Bylaw in accordance with the Municipal Government Act, shall
perform such duties as are specified in this Bylaw.
2.2 DEVELOPMENT AUTHORITY POWERS AND DUTIES
a) The Development Authority must administer this Bylaw and decide upon
all development permit applications.
b) The types of development permit applications a Development Authority
may decide upon include:
i)
a permitted use that complies with all requirements of this Bylaw;
ii)
a permitted use that does not comply with all requirements of
this Bylaw;
iii)
a discretionary use that complies with all requirements of this
Bylaw;
iv)
a discretionary use that does not comply with all requirements of
this Bylaw.
Part 2
12
c) Unless otherwise referenced in Part 3, the Development Authority must
not approve a development permit for an addition or structural
alteration to a non-conforming building.
d) The Development Officer must collect fees according to Fees and
Charges Bylaw.
e) The Development Authority may refuse to accept a development
permit application where:
i)
the information required by Part 3 is not provided;
ii)
the quality of the information provided is inadequate to properly
evaluate the application; or
iii)
the fee for a development permit application has not been paid.
2.3 SUBDIVISION AUTHORITY
The Subdivision Authority, as established in accordance with the MGA, shall
perform duties on behalf of the municipality in accordance with the Municipal
Government Act, the Land Use Bylaw and all relevant village planning and
policy documents.
2.4 SUBDIVISION AUTHORITY POWERS AND DUTIES
The Subdivision Authority shall:
a) keep and maintain for the inspection of the public copies of all decisions
and ensure that copies of same are available to the public at a
reasonable charge;
b) keep a register of all applications for subdivision, including the decisions
therein and the reasons therefore;
c) receive all complete applications for subdivision including the required
application fees and decide upon all applications in accordance with
the Subdivision and Development Regulation and Land Use Bylaw with
consideration of all comments received through circulation and the
recommendations of the Municipal Planning Commission;
d) on receipt of an application for subdivision, review to ensure sufficient
information is provided to adequately evaluate the application in
accordance with Part 1 of the Subdivision and Development Regulation;
e) excepting subdivision applications not requiring circulation under the
Municipal Government Act to circulate applications for subdivision for
comments to those authorities and agencies as prescribed within the
Subdivision and Development Regulation and this Land Use Bylaw and
all comments to be added to the subdivision report;
f)
excepting subdivision applications not requiring circulation under the
Municipal Government Act, to circulate applications for subdivision for
Part 2
13
comments to Special Area No. 4 when the original parcel boundaries
are adjacent to the municipal boundary or where an intermunicipal
development plan requires or, at the discretion of the subdivision
authority, where a subdivision application is not adjacent to the
municipal boundary but has potential for land use impacts within
Special Area No. 4;
g) excepting subdivision applications not requiring circulation under the
Municipal Government Act, the Subdivision Authority may proceed with
processing of the application after thirty (30) days from the date of
referral to authorities, agencies or landowners whether or not comments
have been received;
h) prepare a subdivision report including all relevant information to the
application, recommendations and any comments received from
circulated agencies and review with the Municipal Planning Commission
for municipal recommendations;
i)
prepare, sign and transmit all notices of decision to the relevant
agencies in accordance with the Subdivision and Development
Regulation;
j)
ensure all conditions are complied with prior to endorsement to the
satisfaction of the municipality;
k) endorse Land Titles instruments to affect the registration of the
subdivision of land;
l)
advise the Council, Municipal Planning Commission and Subdivision and
Development Appeal Board on matters relating to the subdivision of
land;
m) appear before the Subdivision and Development Appeal Board or
Municipal Government Board where appeals are made on subdivision
application decisions.
2.5 SUBDIVISION OF LAND
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 Approving
Authority or upon appeal, the Municipal Government Board or the Subdivision and
Development Appeal Board.
2.6 SLOPES & TOPOGRAPHIC FEATURES
Slopes greater than 20% shall not be developed unless otherwise approved by
the Development Authority.
14
3 PART 3 DEVELOPMENT PERMITS
3.1 DEVELOPMENT PERMITS REQUIRED
a)
No development, other than those designated in Section 3.2 (Development
Permits Not Required) of this Bylaw, shall be undertaken within the Village unless a
development permit has been approved and a development permit issued.
b)
Notwithstanding subsection 3.1(a), while a development may not be required
pursuant to Section 3.2 the development shall comply with all regulations of this
Bylaw.
3.2 DEVELOPMENT PERMITS NOT REQUIRED
3.2.1
Where a Development Permit is Not Required by this Bylaw it does not negate the
requirement of obtaining all required permits, as applicable, under the Safety Codes
Act and any other Provincial or Federal statute.
3.2.2
Where a Development Permit is Not Required by this Bylaw it does not negate the
requirement of obtaining a business license where required.
3.2.3
The following developments shall not require a development permit:
a) any use or development exempted under section 618(1) of the Municipal
Government Act;
b) any use or development exempted by the Lieutenant Governor in Council
pursuant to section 618(4) of the Municipal Government Act;
c) telecommunication antenna systems that are regulated by Industry
Canada;
d) the completion of a building which was lawfully under construction at the
date this Bylaw came into effect provided that the building is completed
in accordance with the terms and conditions of any development permit
granted;
e) the completion of a building that did not require a development permit
under the previous land use bylaw and which was lawfully under
construction provided the building is completed within 12 months from the
date this Bylaw came into effect.
3.2.4
It shall not be necessary to obtain a Development Permit prior to
commencement of the following developments, but the development shall
otherwise comply with the provisions of this Bylaw.
15
1) The carrying out of works of maintenance or repair to a building provided
that such work:
a) does not include structural alterations;
b) does not change the use or intensity of the use of the structure;
2) The erection or construction of gates, fences, walls or other means of
enclosure (other than on corner lots or where abutting a road used by
vehicular traffic) less than one metre (3.2 ft.) in height in front yards and
less than 2.0 metres (6.0 ft.) in side and rear yards, and the maintenance,
improvement and other alterations of any gates, fences, or walls or other
means or enclosure;
3) The erection or construction of decks below 2 feet;
4) A temporary building, the sole purpose of which is incidental to the
erection or alteration of a building, for which a permit was issued under
this Bylaw;
5) The maintenance or repair of public works, services or utilities carried out
by or on behalf of federal, provincial and municipal public authorities on
land which is publicly owned or controlled;
6) The use of a building or part thereof as a temporary polling station for a
Federal, Provincial, or Municipal election, referendum or plebiscite;
7) The construction, maintenance and repair of private walkways, pathways,
driveways, and similar works;
8) Those signs outlined in Section 8.9 as not requiring a development permit;
9) An official notice, sign, placard or bulletin required to be displayed
pursuant to provisions of Federal, Provincial or Municipal Legislation;
10) The erection or construction or replacement of one (1) garden/tool shed
per site, which does not exceed 10.5 m2 (113 sq. ft.) in floor area and 2.5
m (8 ft.) in height;
11) Stripping, filling, excavation and grading of land,
a) When such operations are performed in accordance with a valid
Development Permit or Development Agreement, or
b) On a developed lot, when undertaking normal soft or hard
landscaping activities, such as but not limited to loaming and seeding
yard areas, planting trees or shrubs, gardening, where these activities
do not affect the swale of surface water or may cause existing surface
soils to slough onto adjacent properties.
16
3.3 APPLICATION FOR A DEVELOPMENT PERMIT
3.3.1
Any owner of a parcel, an authorized agent, or other persons having legal or
equitable interest in the parcel may make application for a development permit
to the Development Officer using the approved form and shall be accompanied
by information as may be required by the Development Authority to evaluate the
application including, but not limited to:
(A) a site plan in duplicate, drawn to scale, which shows the following:
(i)
legal description of the site with north arrow;
(ii)
area and dimensions of the land to be developed including the
front, rear and side yards if any;
(iii)
area and external dimensions including the heights of all buildings
and structures to be erected on the land;
(iv)
any provisions for off-street loading and vehicle parking, including
all access and egress points to the site; and
(v)
the position and distances of any existing building, roads, water
bodies, trees or other physical features on the land to be
developed.
(B) floor plans, elevations, grading and drainage plans and sections in
duplicate and an indication of the exterior finishing materials and colour if
required by the Development Authority;
(C) pictures of the interior and exterior of an existing building that is proposed
to be moved on to a parcel within the Village of Veteran;
(D) a statement of the proposed use or uses;
(E) a statement of ownership of land and the interest of the applicant therein;
(F) the estimated commencement and completion dates;
(G) the estimated cost of the project or contract price;
(H) the development permit fee as prescribed by Council;
(I) a surveyor's certificate or real property report if required by the
Development Officer;
written agreement of the registered land owner(s) of the property with regard to
the proposed development, if required.
3.3.2
The Development Authority may require additional copies of the application
plans or specifications as well as additional information as deemed necessary to
sufficiently evaluate the application.
3.3.3
The Development Authority shall issue a notice of "Complete" or "Incomplete"
application, within 20 days of the submission in accordance with the
requirements of the Act.
17
3.4 DECIDING ON DEVELOPMENT PERMIT APPLICATIONS
3.4.1
A Development Officer shall:
a) receive, consider and decide on an application for a development
permit for those uses listed as a permitted use for the relevant land use
district and either
(i) comply with the minimum standards for that district, or
(ii) otherwise comply with the minimum standards, but require
relaxation of one measurable standard no greater than 20% of
that standard;
b) refer with his/her recommendations, to the Municipal Planning
Commission for its consideration and decision, any application for a
development permit for those uses which are listed as:
i.
a discretionary uses,
ii.
a permitted use but require a relaxation/variance of more than
one measurable standard; and
iii.
a permitted use but require relaxation of one measurable
standard greater than 20%.
3.4.2
A Development Officer may:
refer to the Municipal Planning Commission at his/her discretion any application
which in his/her opinion should be decided by the Commission.
3.4.3
The Municipal Planning Commission shall decide on all applications referred to
the Commission by the development officer.
3.4.4
Decision-
Making
Where an application is referred to the Municipal Planning Commission the
Commission shall either:
a) approve the application without conditions;
b) approve the application with conditions, either permanently or for a
limited period of time,
c) table the application requesting additional information from
administration or the applicant, or
d) refuse the application stating reasons.
3.4.5
Approval
Considerations
When making a decision on a development permit application for a
discretionary use the Development Officer or Municipal Planning Commission
must take into account:
(a)
any plans and policies affecting the parcel;
(b)
the purpose statements in the applicable land use district;
(c)
the appropriateness of the location and parcel for the proposed
development;
(d)
the compatibility and impact of the proposed development with
respect to adjacent development and the neighbourhood;
(e)
the merits of the proposed development;
(f)
the servicing requirements;
(g)
access and transportation requirements;
(h)
vehicle and pedestrian circulation within the parcel; and
18
(i)
sound planning principles.
3.4.6
Variances
An application may be approved where the proposed development does not
comply with the minimum or maximum requirements of the Bylaw if, in the
opinion of the Municipal Planning Commission, the proposed development
would not:
a) unduly interfere with the amenities of the neighborhood; or
b) materially interfere with or affect the use, enjoyment or value of the
neighboring properties.
3.4.7
Similar Uses
In the case where a proposed specific use of land or a building is not provided
for in any land use district in the Bylaw, the Municipal Planning Commission may
determine such a use is similar in character and purpose to another use of land
or building that is included in the list of permitted and discretionary uses
prescribed for that land use district.
3.4.8
Development
Agreements
& Levies
The Development Officer or Municipal Planning Commission may require, as a
condition of issuing a development permit, the applicant to enter into an
agreement to construct or pay for the construction of public roadways or
parking facilities, to install or pay for the installation of utilities or to pay off-site
levy or redevelopment levy imposed by Bylaw.
3.4.9
40 day
period
If a decision is not made on a development permit application within 40 days
after its receipt by the Development Officer, the applicant may deem it to be
refused at the end of the 40 day period unless an applicant for a development
permit enters into an agreement to extend the 40 day time period.
3.4.10
Temporary
Permits
The Development Officer or Municipal Planning Commission may issue a
temporary Development Permit, for a period not exceeding one (1) year unless
a longer term is required in consideration of a specific use or project that is
temporary but requires a longer time frame.
3.5 ISSUANCE OF A DEVELOPMENT PERMIT AND NOTICES
3.5.1
A development permit granted pursuant to this Bylaw does not come into effect
until 21 days after the date of an order, decision or development permit is
communicated as described in this section. Any development proceeded with
by the applicant prior to the expiry of this period is done solely at the risk of the
applicant.
3.5.2
Notwithstanding 3.5.1, a development permit approval for a permitted use that
does not require a relaxation/ variance to any standards within this Land Use
Bylaw shall not be required to be circulated and shall be considered approved
on the date that the development permit notice of decision is communicated to
the applicant.
19
3.5.3
Where an appeal is made pursuant to this Bylaw, a development permit which
has been granted shall not come into effect until the appeal has been
determined and the permit may be modified or nullified thereby.
3.5.4
When a permit has been granted for a discretionary use or a relaxation/ variance
to any development standards in this Bylaw, the Development Officer shall:
(a) immediately post a notice of the decision conspicuously on the property
for which the application has been made; or
(b) a notice in writing shall be immediately mailed to all registered owners of
land who in the opinion of the Development Officer may be affected; or
(c) a notice shall be immediately published for two weeks on the Village's
website, and/or social media, and/or newspaper, circulating in the
municipality stating the location of the property which the application has
been made and the use approved.
3.5.5
If the Development authorized by a permit is not commenced within 12 months
from the date of its issue or carried out with reasonable diligence, the permit is
deemed to be void, unless an extension to this period has previously been
granted by the Development Authority.
3.5.6
A decision by the Development Authority on an application for a development
permit shall be given in writing and a copy (digital or paper) of it sent to the
applicant.
3.5.7
When the Development Authority refuses an application for a development
permit, the decision shall contain reasons for the refusal.
3.6 CONDITIONS OF A DEVELOPMENT PERMIT
3.6.1
The Development Authority may require that as a condition of issuing a
Development Permit, the applicant enter into an agreement with the Town to do
any or all of the following:
(a) to construct or pay for the construction of a road to town standards giving
access to the development
(b) to construct or pay for the construction of a pedestrian walkway system to
serve the development, or 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;
(c) to install or pay for the installation of public utilities, other than
telecommunications systems or works, that are necessary to serve the
development;
(d) to construct or pay for the construction of off-street or other parking
facilities and for loading and unloading facilities;
(e) to pay an off-site levy or redevelopment levy;
(f) to give security to ensure that the terms of the agreement are carried out;
20
(g) that the developer obtains a building permit and all other permits as
required by the Safety Codes Council and meet all Safety Code
Requirements;
(h) that the developer contact Alberta One-Call, prior to construction, to
locate the utilities that run through the property;
(i) that the developer shall be responsible for obtaining their own assessment
of soil conditions related to bearing capacities and consolidation in
relation to the proposed development, and the development shall be
designed, constructed and maintained in such a manner as to ensure the
development's safety and stability on the subject lands;
(j) landscaping, screening and site development be required as per this
bylaw;
(k) services shall be constructed as per the Utilities Services Replacement
Policy. That a Village employee oversees any tie-ins to municipal services
and that the Town is notified 48 hours prior to connection to services;
(l) that drainage from foundation to curb and the slope of the yard follows
Village Standards; and
(m) other conditions as deemed necessary.
3.6.2
The Village shall register a caveat pursuant to the provisions of the Act and the
Land Titles Act in respect of an agreement under Section 3.6.1 against the
Certificate of Title for the land that is the subject of the development. Said
caveat shall be discharged when the agreement has been complied with.
3.7 NON-CONFORMING BUILDINGS AND USES
3.7.1
A non-conforming use of land or a building may be continued but if that use is
discontinued for a period of six (6) consecutive months or more, any future use of
the land or building shall conform to the provisions of this Bylaw.
3.7.2
A non-conforming use of part of a lot may not be extended or transferred in
whole or in part to any other part of the lot and no additional buildings may be
constructed on the lot while the non- conforming use continues.
3.7.3
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, or
(b) for routine maintenance of the building, if the Development Authority
considers it necessary.
3.7.4
If a non-conforming building is damaged or destroyed 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.
21
4 PART 4 APPEALS
4.1 APPEAL PROCEDURE
4.1.1
An appeal may be made to the Subdivision and Development Appeal Board
where the Development Authority:
(a) refuses or fails to issue a development permit to a person within 40 days of
receipt of the application;
(b) issues a development permit subject to conditions; or
(c) issues an order under Section 645 of the MGA.
4.1.2
The person applying for a development permit or affected by the order, or any
other person complying with the appeal requirements as set out in the Act may
appeal the decision or development permit of the Development Authority to the
Subdivision and Development Appeal Board.
4.1.3
An appeal shall be made by serving a written notice of appeal, stating the
reasons for the appeal, to the Secretary of the Subdivision and Development
Appeal Board within 21 days after the date of the order, decision or permit issued
by the Development Authority was either:
(a) first published in a newspaper circulating in the area; or
(b) posted on the site of the property which is the subject of the application;
or digital.
(c) received by the applicant, whichever of these occur first.
4.1.4
For the purpose of subsection 3(c), the date of receipt of the decision is deemed
to be five (5) days from the date the decision was mailed.
4.2 APPEAL HEARING
4.2.1
In accordance with the Act, within 30 days of receipt of a notice of appeal, the
Board shall hold an appeal hearing respecting the appeal.
4.2.2
The Subdivision and Development Appeal Board shall give at least 5 days notice
in writing of the appeal hearing to:
(a) the appellant or any person acting on his/her behalf;
(b) the Development Authority from whose order, decision or
development permit the appeal is made;
(c) those registered owners of land in the municipality who are affected
and any other person who in the opinion of the Subdivision and
Development Appeal Board, is affected by the order, decision or permit;
22
(d) Palliser Regional Municipal Services;
(e) such other persons as the Subdivision and Development Appeal Board
specifies.
4.2.3
The Subdivision and Development Appeal Board shall make available for public
inspection before the commencement of the public hearing all relevant
documents and materials respecting the appeal, as they become available,
subject to the Act, including:
(a) the application for the development permit, its refusal and the appeal
therefrom; or
(b) the order of the Development Authority, as the case may be.
4.3 DECISION
4.3.1
The Subdivision and Development Appeal Board shall give a written decision
together with reasons for the decision within 15 days of the conclusion of the
hearing.
4.3.2
A decision made under this part of the Bylaw is final and binding on all parties and
all persons subject only to an appeal upon a question of jurisdiction or law
pursuant to the Municipal Government Act. An application for leave to appeal to
the Court of Appeal shall be made:
(a) to a judge of the Court of Appeal; and
(b) within 30 days after the issue of the order, decision, permit, or approval
sought to be appealed.
Part 4
23
5 PART 5 LAND USE DISTRICTS
5.1 DISTRICTS
For the purpose of this Bylaw, the municipality is divided into the following Districts:
R-1
- Residential District
R-2
- Single family Residential District
MHR
- Manufactured Home Residential District
C-1
- Central Commercial District
C-2
- General Commercial District
M-1
- Industrial District
CS
- Community Service District
UR
- Urban Reserve District
5.2 DISTRICT BOUNDARIES
5.2.1
The locations and boundaries of the land use districts are shown on the Land Use
District Map in Schedule B, which forms part of this Bylaw.
5.2.2
The locations of boundaries shown on the Land Use District Maps shall be
governed by the following rules:
Rule 1.
Where a boundary is shown as following a street, lane, stream or canal, it
shall be deemed to follow the centerline thereof.
Rule 2.
Where a boundary is shown as approximately following a lot line, it shall
be deemed to follow the lot line.
Rule 3.
In circumstances not covered by Rules 1 and 2 the location of the district
boundary shall be determined:
(a)
using any dimensions given on the map; or
(b)
where no dimensions are given, measurement using the scale
shown on the map.
Part 4
24
5.2.3
Where the exact location of the boundary of a land use district cannot be
determined using the rules in subsection (2), the Council, on its own motion or on a
written request, shall fix the location:
(a)
in a manner consistent with the provisions of this Bylaw; and
(b) with the appropriate degree of detail required.
5.2.4
The location of a district boundary, once fixed, shall not be altered except by an
amendment of this Bylaw.
5.2.5
The Council shall keep a list of its decisions fixing the locations of district
boundaries.
Part 4
25
5.3 R-1 - RESIDENTIAL DISTRICT
(1)
Purpose
The purpose and intent of this district is to provide for general residential
development.
(2)
Permitted Uses
- Dwelling - single-detached
-
Accessory buildings and uses
-
Permitted signs
-
Dwelling - duplex
-
Dwelling - modular
-
Dwelling - semi-detached
-
Home occupations
-
Parks and playgrounds
-
Public and quasi-public buildings, facilities and installations
(3)
Discretionary Uses
-
Dwelling - multiple unit
-
Manufactured home
-
Worship facility
-
Daytime child care services
-
Bed and breakfast establishment
- Senior's lodge
(4)
Minimum Requirements
(a)
Site Area:
(i)
450 m2 (4844 sq. ft.) for single-detached dwellings, and
manufactured homes;
(ii)
660 m2 (7104 sq. ft.) for two-unit / duplex dwellings;
(iii)
180 m2 (1930 sq. ft.) for attached housing interior units and 300 m2
(3230 sq. ft.) for attached housing end units;
(iv)
720 m2 (7750 sq. ft.) for apartment buildings;
Part 4
26
(v)
With the approval of the Municipal Planning Commission, the site
area may be less in the case of lots legally created prior to this
Bylaw; and
(vi)
Other uses at the discretion of the Municipal Planning Commission.
(b)
Lot Width:
(i)
15 m (50 ft.) for single-detached dwellings (all types including
modular, manufactured, stick-built);
(ii)
18 m (60 ft.) for two-unit/duplex dwellings;
(iii)
6 m (20 ft.) for attached housing interior units and 10 m (32 ft.) for
attached housing end units;
(iv)
24 m (78 ft.) for apartment buildings;
(v)
Other uses at the discretion of the Municipal Planning Commission.
(c)
Front Yard:
(i)
7.5 m (25 ft.) for single-detached dwellings, manufactured homes,
two-family dwellings; and attached housing;
(ii)
Other uses at the discretion of the Municipal Planning Commission.
(d)
Side Yard:
(i)
1.5 m (5 ft.) for single-detached dwellings, manufactured homes,
and two-family dwellings;
(ii)
3.2 m (10 ft.) for attached housing end units;
(iii)
3.2 m (10 ft.) abutting the flanking street on corner lots;
(iv)
One 3.2 m (10 ft.) side yard (excluding corner lots) to provide
alternate access to the rear of the buildings in the laneless
subdivision;
(v)
Accessory buildings shall be sited in accordance with this Bylaw;
and
(vi)
Other uses at the discretion of the Municipal Planning Commission.
(e)
Rear Yard:
(i)
7.5 m (25 ft.) for single-family dwellings, manufactured homes, two-
family dwellings, and attached housing;
(ii)
Other uses at the discretion of the Municipal Planning Commission.
Part 4
27
(5)
Maximum Limits
(a)
Height
(i)
10.6 m (35 ft.) for principal buildings and shall not exceed three
storeys;
(ii)
Accessory buildings in accordance with Part VII of this Bylaw; and
(b)
Site Coverage
(i)
50% of the site area for combined site coverage;
(ii)
Accessory buildings means a building or structure, the use of which
is incidental or subordinate to the use of the principle building which
is located on the same parcel. An accessory building shall not be
used as a dwelling; and
(iii)
Other uses at the discretion of the Municipal Planning Commission.
(6)
Parking
Parking shall be provided according to the following:
(a) Single-detached dwellings - One (1) parking or garage space per dwelling
unit;
(b) Churches - One (1) parking space per 15 seats; and
(c) Other uses at the discretion of the Municipal Planning Commission.
(7)
Screening
(a)
Garbage and waste material must be stored in weather and animal proof
containers. Garbage and waste material storage must be screened from
public thoroughfares, excluding lanes.
Part 4
28
5.4 R-2 - RESIDENTIAL DISTRICT
(1)
Purpose
The purpose and intent of this district is to provide for single-detached residential
development.
(2)
Permitted Uses
-
Dwelling - Single- detached
-
Accessory buildings and uses
-
Permitted signs
(3)
Discretionary Uses
-
Home occupations
-
Parks and playgrounds
-
Public and quasi-public buildings, facilities and installations
(4)
Minimum Requirements
(a)
Site Area:
(i)
450 m2 (4844 sq. ft)
(b)
Lot Width:
(i)
15 m (50 ft)
(c)
Front Yard:
(i)
7.5 m (25 ft)
(d)
Side Yard:
(i)
1.5 m (5 ft)
(e)
Rear Yard:
(i)
7.5 m (25 ft)
(f)
Gross Floor Area:
(i)
74.3 m2 (800 sq. ft)
(5)
Maximum Limits
(a)
Height
(i)
10.6 m (35 ft.) for principal buildings and shall not exceed three
storeys;
(ii)
Accessory buildings means a building or structure, the use of which
is incidental or subordinate to the use of the principle building which
is located on the same parcel. An accessory building shall not be
used as a dwelling; and
Part 4
29
(b)
Site Coverage
(i)
50% combined site coverage for principle buildings and accessory
buildings
(ii)
Other uses at the discretion of the Municipal Planning Commission.
(6)
Parking
(a)
Single-detached dwellings - One (1) parking or garage space per
dwelling unit;
(7)
Screening
(a)
Garbage and waste material must be stored in weather and animal proof
containers. Garbage and waste material storage must be screened from
public thoroughfares, excluding lanes.
Part 4
30
5.5 MHR- MANUFACTURED HOME RESIDENTIAL DISTRICT
(1)
Purpose
The purpose and intent of this district is to permit the placement of manufactured
homes suitable for residential purposes, with access to all community services and
facilities.
(2)
Permitted Uses
-
Manufactured homes
-
Modular homes
-
Permitted signs
-
Accessory buildings and uses (including carports?)
(3)
Discretionary Uses
- Dwelling - single-detached
-
Home occupations
-
Daytime child care services
-
Bed & breakfast establishments
(4)
Minimum Requirements
(a) Area of Site:
(i)
450 m2 (4844 sq. ft.) for manufactured homes;
(ii)
With approval of the Municipal Planning Commission, the site area
may be less in the case of lots legally created prior to this Bylaw;
(iii)
Other uses at the discretion of the Municipal Planning Commission.
(b) Width of Site:
(i)
15 m (50 ft.) for manufactured homes;
(ii)
Other uses at the discretion of the Municipal Planning Commission.
(c) Front Yard:
(i)
7.5 m (25 ft.).
(d) Side Yard:
(i)
1.5 m (5 ft.) for manufactured homes;
(ii)
3.2 m (10 ft.) abutting the flanking street on corner lots;
(iii)
3.2 m (10 ft.) separation between manufactured homes, including
any porch or addition;
(iv)
Accessory buildings shall be sited in accordance with Part VII of this
Bylaw;
Part 4
31
(v)
Other uses at the discretion of the Municipal Planning Commission.
(e) Rear Yard:
(i)
7.5 m (25 ft.);
(ii)
Accessory buildings shall be sited in accordance with Part VII of this
Bylaw.
(f)
Gross Floor Area:
(i)
55.7 m2 (600 sq. ft.) for manufactured homes;
(ii)
Other uses at the discretion of the Municipal Planning Commission.
(5)
Development Requirements
(a)
Foundation:
A permanent foundation shall be provided on the stand of each manufactured
home lot capable of supporting the maximum anticipated load of the
manufactured home at all seasons without settlement or other movement.
(b)
Skirting:
The undercarriage of each manufactured home shall be completely screened
from view by the foundation or by skirting within 30 days of placement of the
manufactured home.
(c)
Additions, Porches etc.:
All accessory structures such as steps, patios, porches, additions, skirting and
storage facilities shall be factory pre-fabricated units or of a quality equivalent
thereto, so that design and construction will complement the manufactured home.
Additions to a manufactured home shall have a foundation and skirting equivalent
to that of the manufactured home. All manufactured homes shall be provided
with steps and landings to all entrances within 30 days of their placement.
(d)
Utilities:
Each manufactured home shall be connected to and be serviced by electrical
power, natural gas, telephone, and the Village's sanitary sewer and water supply.
(e)
Age:
All manufactured home units shall have Canadian Standards Association (CSA)
Certificates. Manufactured Homes constructed more than ten (10) years before
the date of application for a development permit shall not be permitted. The
Municipal Planning Commission in the performance of its duties in discretionary
approval of Development Permits may relax this condition where it is satisfied that
the manufactured Home meets the standards of manufactured Homes
constructed within the last ten (10) years.
(6)
Parking
(a)
A minimum of one (1) car parking stall shall be provided on each
manufactured home lot.
Part 4
32
(7)
Screening
(a)
Garbage and waste material must be stored in weather and animal proof
containers and screened from adjacent sites and public thoroughfares.
Part 4
33
5.6 C-1 - CENTRAL COMMERCIAL DISTRICT
(1)
Purpose
The purpose and intent of this district is to provide for centralized commercial and
retail development.
(2)
Permitted Uses
-
Permitted signs
-
Professional, financial and administrative offices
-
Post offices
-
Banks
-
Convenience stores
-
Eating establishment
-
Bakeries
-
Public and quasi-public buildings and facilities and installations
-
Accessory buildings and uses
(3)
Discretionary Uses
-
Cannabis Retail Sales
- Greenhouse
-
Libraries
-
Parks and Playgrounds
- Amusement Enterprise
-
Parking lots
-
Motels and motor hotels
-
Funeral homes
-
Retail stores
-
shopping centers
-
Liquor store
-
Medical, dental and other health clinics
-
Service stations
-
Automobile sales
-
Repair and service shops
-
One or more dwelling units in a C-1 building
-
Drinking establishment
Part 4
34
-
Private clubs and lodges
-
Daytime child care services
-
Car washes
-
Personal Service Shop
-
Bottle depots
- Community Recreation Facility
-
Storage Structure
(4)
Minimum Requirements
(a)
Site Area:
(i)
135 m2 (1453 sq. ft.).
(b)
Lot Width:
(i)
15 m (50 ft.).
(c)
Front Yard:
(i)
Based on the front yard provided by neigbouring buildings and is to
be determined for each application by the Development Authority.
(d)
Side Yard:
(i)
1.5 m (5 ft.) adjacent to residential districts;
(ii)
No side yard is required where a fire-wall is provided but if a side yard
is provided, it must be 1.2 m (4 ft.).
(e)
Rear Yard:
(i)
7.5m (25 ft.) or as required by the Development Authority.
(5)
Maximum Limits
(a)
Site Coverage:
(i)
80%
(b)
Height:
(i)
13.7 m (45 ft.) unless otherwise approved by the Development
Authority.
(6)
Parking
(a)
Parking should be provided according to the following:
(i)
Professional, financial &
-
One (1) parking
administrative offices
(800 sq. ft.) of
(including banks)
gross floor area
Part 4
35
in the building.
(ii)
Retail shops, repair and
-
One (1) parking
service shops
(800 sq. ft.) of
gross floor area
in the building.
(iii)
Clinics
-
Two (2) parking
spaces per 93 m2
(1,000 sq. ft.) of
gross floor area
in the building.
(iv)
Eating and Drinking
-
One (1) parking
Establishments
space per eight (8) seats.
(v)
Hotels & Motels
-
One (1) parking
space per guest
suite.
(vi)
Funeral Homes
-
One (1) parking
space per 3 seats.
(vii)
Libraries
-
One (1) parking
space per 74 m2
(800 sq. ft.) of
gross floor area
in the building.
(viii) Other uses at the discretion of the Development Authority.
(b)
Notwithstanding subsection 6(a) should the Municipal Planning Commission
deem it advisable it may reduce or waive the parking space requirements
for proposed development or redevelopment of a commercial site within the
Central Business Land Use 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 is inadequate to reasonably
accommodate the proposed development and required parking.
Part 4
36
(7)
Landscaping and Screening
(a)
Sites abutting a residential district shall be screened from view to the
satisfaction of the Development Authority;
(b)
Outside storage areas of material and equipment shall be screened from
adjacent sites and public thoroughfares; and
(c)
Garbage and waste material must be stored in weather and animal proof
containers and screened from adjacent sites and public thoroughfares.
Part 4
37
5.7 C-2 - GENERAL COMMERCIAL DISTRICT
(1)
Purpose
The purpose and intent of this district is to provide for a range of commercial uses.
(2)
Permitted Uses
-
Permitted signs
-
Tradesmen's shops - cabinet maker, carpenter, decorator, electrician, gas
fitter, metal worker, painter, plumber, printer, pipe-fitter, tinsmith, welder, and
the like
-
Eating establishment
-
Accessory buildings and uses
-
Retail stores
-
Warehouses
(3)
Discretionary Uses
-
Auction Mart
-
Auto sales
-
Auto repair and service
-
Bulk Fertilizer Distribution and Sales
-
Cannabis Retail Sales
-
Farm & industrial machinery sales & service
-
Farm supply store
-
Feed Mill
-
Service stations
-
Liquor store
-
Drinking establishment
-
Drive-in businesses
-
Building supplies
-
Funeral homes
-
Bulk fuel sales depot
-
Auctioneering establishments
-
Hotels and motor hotels
-
Veterinary hospitals
Part 4
38
-
Building material sales & storage
-
Tire sales service and repair
-
Public and quasi-public buildings and facilities and installations
-
Car wash
-
Greenhouse
-
Fabric covered building
-
Storage Structure
(4)
Minimum Requirements
Site area and yard requirements are the same as in the C-1 - Central Commercial
District or as required by the Development Authority.
(5)
Maximum Limits
Site area and yard requirements are the same as in the C-1 - Central Commercial
District or as required by the Development Authority.
(6)
Parking
Parking shall be provided according to the following:
(a)
Professional, financial &
-
One (1) parking
administrative offices
space per 74 m2
(800 sq. ft.) of
gross floor area.
(b)
Retail stores, equipment repair
-
One (1) parking
and workshops
space per 93 m2
(1,000 sq. ft.) of
gross floor area.
(c)
Eating and Drinking
-
One (1) parking
establishments
space per eight
(8) seats.
(d)
Hotel & motels
-
One (1) parking
space per guest
suite.
(e)
All other uses
-
One (1) parking
space per 93 m2
Part 4
39
(1,000 sq. ft.) of
gross floor area
or at the discre-
tion of the Muni-
cipal Planning
Commission
(7)
Landscaping & Screening
(a)
The boulevard and a minimum of 10% of the site area must be landscaped in
accordance with the plan approved by the Development Authority;
(b)
Any trees or shrubs which die, that were planted under the approved plan,
must be replaced the next planting season;
(c)
Sites abutting a residential district shall be screened from view to the
satisfaction of the Development Authority;
(d)
Outside storage area of material and equipment should be screened from
adjacent sites and public thoroughfares; and
(e)
Garbage and waste material must be stored in weather and animal proof
containers and screened from adjacent sites and public thoroughfares.
Part 4
40
5.8 M-1 - INDUSTRIAL DISTRICT
(1)
Purpose
The purpose and intent of this district is to provide for a range of manufacturing,
warehousing and other industrial land uses.
(2)
Permitted Uses
-
Accessory buildings and uses
-
Permitted signs
-
Warehousing, including retail and wholesale outlets
-
Equipment and machinery sales and rental establishments
-
Automotive, truck and recreation vehicle service and repair establishments
-
Electrical, plumbing, heating, building, and mechanical contractor
establishments
-
Professional, financial and administrative offices
-
Storage Structure
-
-Storage Yard
(3)
Discretionary Uses
-
The manufacturing, packaging or assembly of articles from previously
prepared materials
-
The manufacturing, assembly repair and maintenance of electrical and
mechanical equipment
-
Truck and freight terminals
-
Bulk fuel sales and depot
-
Recycling, storage, salvage, and wrecking yards
-
Sand, gravel and building material storage
-
Those industrial uses that are obnoxious by reason of the emission of odors,
dust, smoke, gas, noise, or vibration, such as oil and gas refineries, meat
packing, rendering plants, chemical industries, plastic plants, and stock yards.
-
Veterinary clinics
-
Bulk fertilizer distribution and storage
-
Flour and feed mills
-
Propane gas distribution
- Communication Tower
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-
Small wind energy system
-
Fabric-covered building
-
Kennel
-
Heavy equipment assembly, sales and services
-
Cannabis retail Sales
- Firehall
(4)
Minimum Requirements
(a)
Area of Site:
As required by the Development Authority.
(b)
Width of Site:
As required by the Development Authority.
(c)
Front Yard:
(i)
9 m (30 ft.)
(d)
Side Yard:
As required by the Development Authority.
(e)
Rear Yard:
As required by the Development Authority.
(5)
Maximum Limits
As required by the Development Authority.
(6)
Special Requirements
(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 those
standards, he shall refer the application to the appropriate Provincial
Department for clarification prior to issuing a Development Permit;
(b)
The Municipal Planning Commission may prescribe screening and
landscaping for uses which involve storage of goods, machinery, vehicles,
building materials, waste materials, and other items.
(7)
Parking
Off-street parking shall be provided according to the following:
(a)
All uses
-
One (1) parking space per 93 m2
(1,000 sq. ft.) of gross floor area
plus one (1) loading space per
1,858 m2 (20,000 sq. ft.) gross floor
area
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5.9 CS - COMMUNITY SERVICE DISTRICT
(1)
Purpose
The purpose and intent of this district is to provide recreational, educational and
community uses.
(2)
Permitted Uses
-
Parks and playgrounds
-
Public and quasi-public buildings, installations and facilities
-
Accessory buildings & uses
-
Permitted signs
-
Sports fields
-
Storage Structure
-
Storage Yard
(3)
Discretionary Uses
-
Swimming pools
-
Schools
-
Libraries
-
Community halls
-
Museums
-
Tennis courts
-
Cemeteries
-
Hockey arenas
-
Curling rinks
-
Golf courses
-
Hospitals
-
Worship facility
-
Clinics
-
Campgrounds
-
Exhibition grounds
-
Fire hall
-
Municipal buildings and facilities
-
Small wind energy system
- Communication Tower
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-
Small wind energy system
- Fabric-covered building
(4)
Minimum Requirements
(a)
Front Yard:
(i)
7.5 m (25 ft.)
(b)
Side Yard:
(i)
3.2 m (10 ft.)
(c)
Rear Yard:
(i)
7.5 m (25 ft.)
(5)
Development Requirements
The Development Authority shall evaluate each development permit for this district
on its merit and establish suitable development requirements for each individual
application.
(6)
Parking
Parking (on site) shall be provided according to the following:
(a)
Public places of assembly
-
One (1) parking
including sports arenas,
space per 10 seat-
ball parks and other rec-
in spaces.
recreational or amusement places
(b)
Hospitals
-
One (1) parking
space per 93 m2
(1,000 sq. ft.) of
gross floor area.
(c)
Libraries and Clinics
-
One (1) parking
space per 93 m2
(1,000 sq. ft.) of
gross floor area.
(d)
Schools
-
Elementary & Junior High
-
One (1) parking
space per class-
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room.
-
Senior High
-
Four (4) parking
spaces per class-
room.
(7)
Screening
Garbage and waste material must be stored in weather and animal proof
containers and screened from adjacent sites and public thoroughfares including
lanes.
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5.10 UR - URBAN RESERVE DISTRICT
(1)
Purpose
The purpose and intent of this district is to reserve lands outside of the developed
area of the Village which is intended for future development.
(2)
Permitted Uses
-
Dwelling- single-detached - on existing parcels only
-
Parks and playgrounds
-
Market gardens
-
Horticultural nurseries
-
Greenhouse
-
Accessory buildings and uses
-
Permitted signs
(3)
Discretionary Uses
-
Public and quasi-public buildings, installations and facilities
-
Extensive agriculture
-
Gravel, sand and building material excavation and storage
-
Communication tower
- Small wind energy system
-
Fabric-covered building
-
Storage structure
(4)
Development Requirements
The Development Authority shall evaluate each development permit for this district
on its merit and establish suitable development requirements for each individual
application.
(5)
Regulations
(a)
The design, siting, site coverage, yards, height of buildings, external finish and
landscaping generally of all buildings and structures shall be to the
satisfaction of the Development Authority who 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.
(b)
The Municipal Planning Commission may require an area structure plan
before recommending approval of a subdivision.
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(c)
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 neighborhood
and community basis.
6 PART 6 DEFINITIONS
"Accessory Building or Storage Structure" means a building or structure,
the use of which is incidental or subordinate to the use of the principle
building which is located on the same parcel. An accessory building shall
not be used as a dwelling.
(1) A storage structure shall meet the setback requirements for an
accessory building in the appropriate district;
(2) A storage structure shall be screened from view as required by
the Municipal Planning Commission and/ or may require exterior
finishing to be in general conformance with the principal building or
surrounding development;
(3) A storage structure shall not be permitted on a permanent basis
in residential areas or on parcels where the primary land use is
residential;
(4) A storage structure shall not be used as a sign;
(5) A storage structure may be approved on a temporary basis
during construction within any land use district.
"Accessory use" means a use customarily incidental and subordinate to
the main use or building and is located on the same parcel of land with
such main use or building.
"Act" means the Municipal Government Act S.A. 1994 Ch. M.26-1 as
amended.
"Adjacent" means land that is contiguous to a parcel of land and includes
land that would be contiguous if not for a highway, road, river, stream or
railway.
"Amusement Enterprise" means a commercial establishment for public
entertainment or recreation including, but not limited to, bowling alleys,
theaters, and billiard parlors.
"Animal Units" means the concept to facilitate planning, analysis and
administration of forage use by grazing livestock.
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"Auto Body and Paint Shop" means a use where motor vehicle bodies are
repaired or painted within a building.
"Automotive Repair & Service" means a use for the servicing and repair of
motor vehicles within a building, excluding an auto body and paint shop,
and includes such facilities as alignment shops, muffler shops, transmission
repair shops, rust-proofing, brake shops and other similar uses.
"Automotive Vehicle Sales" means a use:
(a) where motor vehicles are sold or leased;
(b) may only store or display vehicles on portions of the parcel approved
exclusively for storage or display; and
(c) that may have a building for administrative functions associated with
the use.
"Auto Wrecker" means a use:
(a) where dilapidated vehicles are stored, dismantled or crushed;
(b) where motor vehicle parts may be sold;
(c) where motor vehicles in their complete and operable state are not
displayed or sold;
(d) that may have equipment used for crushing, dismantling or moving
motor
(e) that may have a building for administrative functions associated with
the use;
(f) that does not involve the manufacture or assembly of any goods.
"Backyard Suite" means a use that:
(i) contains two or more rooms used or designed to be used as
a residence by one or more persons;
(ii) that contains a kitchen, living, sleeping and sanitary facilities;
(iii) is located in a detached building located behind the front
façade of the main residential building;
(iv) may be attached to an Accessory Building;
(v) is considered part of and secondary to a Dwelling Unit;
(b) is a use within the R-1 & NR Districts to this Bylaw; and
(c) requires a minimum of 1.0 motor vehicle parking stalls.
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"Bed & Breakfast Establishment" means a lodging facility within an owner
occupied dwelling, having no more than three (3) guest rooms, providing
a common washroom and dining facilities but no cooking facilities in guest
rooms.
"Building" includes anything constructed or placed on, in, over, or under
land, but does not include a primary highway or a public roadway.
"Boarding or Lodging House" means a detached dwelling converted for
gain or profit containing rooms for two or more persons where meals may
or may not be served, not including the occupant and his or her
immediate family, but does not include a hotel, motel, restaurant, café,
coffee shop, drive-in refreshment stand or other similar use.
"Bulk Fuel Sales Depot" means a use where fuel for motor vehicles is sold
either with or without an attendant.
"Campground" means a recreational development for the purpose of
providing temporary accommodation for recreational vehicles or tents. A
campground is not construed to mean a development for the purpose of
accommodating long-term or permanent occupancy by recreational
vehicles or manufactured homes.
"Cannabis" means cannabis plant, fresh cannabis, dried cannabis,
cannabis oil and cannabis plant seeds and any other substance defined
as cannabis in the Cannabis Act (Canada) and its regulations, as
amended from time to time and includes edible products that contain
cannabis.
"Cannabis Accessory" means cannabis accessory as defined in the
Cannabis Act (Canada) and its regulations, as amended from time to
time.
"Cannabis Café" means a development where the primary purpose of the
facility is the sale of Cannabis to the public, for consumption within the
premises and which is authorized by provincial and federal legislation.
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"Cannabis Retail Sales" means a retail store licensed by the Province of
Alberta where Cannabis and Cannabis Accessories are sold to individuals
who attend the premises.
"Central Commercial District C-1" means a district whose purpose and
intent is to provide for centralized commercial and retail development.
"General Commercial District C-2" means a district whose purpose and
intent is to provide a range of commercial uses.
"Convenience store" means a use where:
(a) fresh and packaged food is sold;
(b) where daily household necessities may be sold;
(c) that is entirely within a building; and
(d) may include, within the total gross floor area of the use, a limited
seating area no greater than 30 square metres.
"Carport" means an accessory structure designed and used for the
storage of motor vehicles, consisting of a roof supported on posts or
columns, and which is not enclosed on more than two sides whether
separate from, or attached to, the principal building on a site.
"Car Wash" means a facility for the washing, cleaning or polishing of motor
vehicles on a commercial basis.
"Clinic" means an establishment in which medical, dental or other
professional healing treatment is given to human beings;
"Communication Structure" means an exterior transmitting device - or
group of devices - used to receive and/or to transmit radio-frequency (RF)
signals, microwave signals, or other federally-licensed communications
energy transmitted from, or to be received by, other antennas. Antenna
Systems include the antenna, and may include a supporting tower, mast
or other supporting structure, and an equipment shelter. This protocol most
commonly refers to the following two types of Antenna Systems:
a) Freestanding Antenna System: a structure (e.g. tower or mast) built
from the ground for the expressed purpose of hosting an Antenna
System or Antenna Systems; b)
b) Building/Structure-Mounted Antenna System: an Antenna System
mounted on an existing structure, which could include a building
wall or rooftop, a light standard, water tower, utility pole or other.
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"Community Recreation Facility" means a use where it is available to the
public for sports and recreational activities conducted indoors and/or
outdoors. Typical uses Include indoor/outdoor swimming pools, hockey
rinks, gymnasiums, sports fields, outdoor tennis courts, unenclosed ice
surfaces or rinks, athletic fields, bowling greens, riding stables and fitness
centres.
"Community Service District CS" means a district with a purpose and intent
to provide a recreational, educational, and community uses.
"Corner Site" means a site at the intersection of two or more streets.
"Council" means the Council of the Village of Veteran.
"Daytime Child Care Services" means development licensed by the
Province of Alberta to provide daytime personal care and education to
children, but does not include overnight accommodation. Typical uses
include daycare centers, day nurseries, kindergartens, nursery schools, and
play schools.
"Deck" means an accessory structure that is a platform built of concrete,
brick, wood or other materials and constructed on piers or a foundation
above grade that may be attached to a dwelling or located on the roof,
and is intended for the purpose of outdoor dining, lounging, and other
similar accessory uses.
(a) Low Level Deck: means a deck being less than .6m (2ft) in height.
(b) Raised Deck: means a deck being equal to or more than .6m (2ft) in
height.
"Development" means:
(a) an excavation or stockpile and the creation of either of them, or
(b) a building or an addition to, or replacement or repair of a building and
the construction or placing in, on, over or under land of any of them, or
(c) a change of use of land or a building or an act done in relation to land
or a building that results in or is likely to result in a change in the land or
building, or
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(d) a change in the intensity of use of land of a building that results in or is
likely to result in a change in the intensity of use of the land or building.
"Development Authority" means:
(a) a person (or persons) appointed as Development Officer by Bylaw,
(b) the Municipal Planning Commission appointed by Bylaw;
authorized to administer this Bylaw and to decide upon applications for
development permits in accordance with the provisions of this Bylaw and
the Act.
"Development Commencement" means the moment construction is
started on site (i.e. Excavation) or the land use has begun for the purposes
of the development permit application.
"Development Completion" means the moment the required building/
development permit conditions and requirements have been met for the
purposes of the development permit application and/ or the final
inspection reports have been received (as required for the project).
"Development Permit" means a document authorizing a development
issued pursuant to a land use bylaw.
"Discretionary Use" means a use of land or a building or a building
provided for in this land use bylaw for which a development permit may
be issued upon an application having been made.
"District" means an area of land designated on the Land Use District Map
as a land use district.
"Drinking Establishment" means an establishment licensed by the Alberta
Liquor Control Board, in which alcoholic beverages are served for
consumption on the premises and any preparation or serving of food is
accessory thereto. This term includes, but is not limited to bars, taverns,
pubs and lounges.
"Dwelling" means any building or structure used exclusively for human
habitation and which is supported on a permanent foundation or base
extending below ground level and includes multiple dwellings,
apartments, lodging and boarding houses, but does not include
Manufactured homes of any kind whether standing on wheels or
supported by blocks, jacks, or any other temporary foundation.
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"Dwelling Unit" means a complete building or self-contained portion of a
building, containing a room or suite of rooms operated as a single
housekeeping unit, intended to be used as a permanent or semi-
permanent domicile by one or more persons and usually containing
cooking, eating, living, sleeping and sanitary facilities.
"Dwelling - Duplex" means a single building containing two dwelling units,
each having a separate entrance from the exterior. Dwellings of this type
are also known as semi-detached single-family dwellings.
"Dwelling - Multiple Unit (Apartment)" means a residential building
designed and built to contain three or more dwelling units with shared
services, facilities and outside entrances.
"Dwelling - Multiple Unit (Attached)" means a building designed and built
to contain three or more dwelling units separated from each other by a
fire rated wall each unit having separate entrances from grade level. (For
purpose of this Bylaw, Garden, Linked, Row, Village houses, four-plex, five-
plex, and six-plex units which meet this criteria are considered to be
attached housing).
"Dwelling - Manufactured Home" means a transportable, single or multiple
section single dwelling unit conforming to CAN/CSA Z240 MH Series
certified standards at time of manufacture. It is ready for residential
occupancy upon completion of set-up in accordance with required
factory recommended installation instructions.
"Dwelling - Modular" means a prefabricated or factory built frame or shell
which comprises the wall or siding of a proposed dwelling. More
specifically, a modular home 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 completed to form one or
more complete dwelling unit(s) for year-round occupancy. Modular
homes are not to be considered as manufactured homes under this Bylaw
and will be congruent in appearance to conventional single detached
dwellings.
"Dwelling - Secondary Suite" means a self-contained Dwelling Unit that is
located within a primary Dwelling Unit, where both Dwelling Units are
registered under the same land title."
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"Dwelling - Semi-Detached " means a single building designed and built to
contain two side by side dwelling units, separated from each other by a
common or party wall and each having separate access to the outside
grade.
"Dwelling - Single-Detached" means a building containing one dwelling
unit only; but does not include semi-detached one family dwellings or
Manufactured homes.
"Easement" means a right to use land generally for access to other
property or as a right-of-way for a public utility.
"Eating establishment" means a use
(a) where food is prepared and sold for consumption on the
premises and may include the sale of prepared food for
consumption off the premises; and
(b) that may be licensed for the sale of liquor by the Alberta
Gaming and Liquor Commission.
"Existing" means existing as of the date of adoption of this By-law.
"Extensive Agricultural" 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 and includes buildings
and other structures incidental to the operation but does not include a
feedlot, intensified hog operation and poultry farms.
"Fabric Covered Building" means a steel-framed, fabric-membrane pre-
engineered building for temporary & permanent industrial, commercial &
agricultural applications including warehouses, equipment storage,
manufacturing facilities, barns, stables, arenas & event centers. All fabric
covered buildings shall require the appropriate building permits to ensure
all aspects of the development is in accordance with the Alberta Safety
Codes including appropriate foundation construction and building
anchoring.
"Fence" means a vertical physical barrier constructed out of typical
building material to prevent visual or unauthorized access or both.
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"Financial Institution" means a bank, treasury branch, trust company,
credit union or similar establishment.
"Front Lot Line" means the boundary dividing the lot from the abutting
street. In the case of a corner lot, the shorter boundary shall be deemed to
be the front lot line.
"Funeral Home" means a business establishment where the bodies of the
dead re prepared for burial or cremation, and where funeral services can
be held.
"Greenhouse" means a building designated and used for the growing of
vegetable, flowers and other plants for commercial purposes,
transplanting or for sale.
"Heavy Industrial" means the manufacture of products, the process of
which generates fumes, gases, smoke, vapours, vibrations, noise or glare,
or similar nuisances that may cause adverse effects on users of adjacent
land.
"Height" means, when used with reference to a building or structure, the
vertical distance between a horizontal plane through grade level and a
horizontal plane through:
(a) the highest point of the roof in the case of a building with a flat roof or
a deck roof;
(b) the average level of a one-slope roof;
(c) the highest point in the case of a pitched, gambrel, mansard, or
hipped roof.
"Home Occupation" means any occupation, trade, profession, or craft
carried on by an occupant of a residential building or a use secondary to
the residential use of the building, and which does not change the
residential nature of the building nor the neighborhood or have any
exterior evidence of such secondary use other than a small name plate,
not exceeding 0.18m2 (2 sq. ft.) in area. A home occupation does not
include the outside storage of materials, goods or equipment, nor the
employment of more than one paid assistant other than the occupant
and the occupant's family.
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"Hotel or Motel" means a building providing sleeping accommodation
which may also contain commercial uses and such additional uses as
restaurants, dining rooms, room service, or public convention facilities.
"Industrial District M-1" means a district whose purpose and intent is to
provide for a range of manufacturing, warehousing and other industrial
land uses.
"Kennel" means a use where three or more dogs and/ or five or more cats
over the age of 90 days are cared for, maintained, boarded, bred or
trained whether or not the owner receives compensation for such
activities.
"Landscaping" means to change or modify the natural features of a site so
as to make it more attractive by adding lawns, trees, shrubs, ornamental
plantings, fencing, walks, drives, or other structures and materials.
"Lane" means a public thoroughfare which provides a secondary means
of access to a site or sites.
"Liquor Store" means a use:
(a) where alcoholic beverages are sold for consumption off the
retail outlet premises, that has been licensed by the Alberta
Gaming and Liquor Commission;
(b) must not be located within 300 metres of any other liquor store,
when measured from the closest point of a liquor store to the closest
point of another liquor store;
(c) must not be located within 150 metres of a parcel that contains
a school, when measured from the closest point of a liquor store to
the closest point of a parcel that contains a school.
"Loading Space" means a space for parking a commercial vehicle while
being loaded or unloaded.
"Manufactured Home Park" means a parcel of land under one title which
has been planned, divided into Manufactured home lots and improved
for placement of Manufactured homes for permanent residential use.
"Manufactured Home Subdivision" means an area subdivided by
registered plan, containing lots for Manufactured homes by free-hold or
leasehold tenure.
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"Municipality" means, where the context requires, the area of land
contained within the boundaries of the Village of Veteran's corporate
limits, as delineated on the Land Use Map, being Part VIII of this Bylaw.
"Municipal Planning Commission" (MPC) means a Municipal Planning
Commission which may be established by Council pursuant to the
Municipal Government Act.
"Non-conforming Building" means a building lawfully constructed or
lawfully under construction at the date this Bylaw becomes effective, as
required by the Act, and which does not or will not comply with the
requirements of this Bylaw.
"Non-conforming Use" means a lawful specific use being made of land or
a building or intended to be made of a building lawfully under
construction at the date this Bylaw becomes effective, as required by the
Act, and which does not or will not comply with the requirements of this
Bylaw.
"Parcel" means the aggregate of the one or more areas of land described
in a certificate of title or described in a certificate of title by reference to a
plan filed or registered in a land titles office.
"Personal Service Shop" means a facility for providing a service on a
commercial basis to individuals and includes but is not limited to such uses
as photography studios, dry cleaning establishments and barbershops.
"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 main purpose for which a building or lot is used.
"Private Club or Organization" means an athletic, social, recreational or
service organization which is privately owned and operated.
"Property Line" means a legal boundary of the lot.
"Public or Quasi-public Building Facilities and Installations" includes a
church or any building which is used by the public for the purpose of
assembly, instruction, culture or enlightenment or for a communal activity,
but does not include a school, or place of public entertainment for which
an admission fee is customarily charged. In addition, it includes a building
as defined in the Municipal Government Act in which the proprietor of the
public utility maintains its office or offices and/or maintains or houses any
equipment used in connection with the public utility.
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"Renewable Energy System" means a use:
(a) that produces electrical power to be used for the on-site
consumption requirements by alternative means such as but not
limited to active and passive solar collectors, photovoltaic solar
panels, geothermal energy;
(b) may be connected or disconnected from the electrical grid in
accordance with the requirements of the appropriate authority;
(c) may provide residual power to the grid but is not intended to
produce power primarily for resale.
"Residential District (R-1)" means a district whose purpose and intent is to
provide for general residential development.
"Residential District (R-2)" means a district whose purpose and intent is to
provide for single-detached homes.
"Retail Store" means a building where goods, wares, merchandise,
substances, articles or things are stored, offered or kept for sale at retail
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 as a store. This definition does not include Cannabis
retail Sales.
"School, Public or Separate School" means a place of instruction operated
with public funds pursuant to the School Act of Alberta and any
amendments.
"Screening" means a visual separation between sites, districts or land use
activities provided by a fence, wall, berm, landscaping.
"Seniors Lodge" means a building to provide an appropriate living
environment for older adults who do not need access to unscheduled
personal or nursing care. Lodges are provided by lodge foundations and
provide housing, meals, housekeeping, linen/ laundry, recreational
programs and 24-hour safety and security services.
"Service Station" means a facility for the service and repair of motor
vehicles and for the sale of gasoline, lubricating oils and accessories for
motor vehicles and which may provide a towing service or other
accessory uses.
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"Shopping Center" means a group of commercial establishments planned,
developed, owned, and managed as a unit with off-street parking
provided on the site.
"Sign" means any word, letter, model, picture, symbol, device or
representation used as, or which is in the nature of, wholly or in part, an
advertisement, announcement or direction. Any structure, or portion
thereof, which is used primarily to carry, hold, maintain, support or sustain a
sign is construed as being part of the sign, and except as hereinafter
provided, is subject to all regulations governing signs. Without restricting
the generality of the foregoing, a sign includes posters, notices, panels,
boarding and banners.
"Site" means:
(a) a quarter section; or
(b) a river lot or settlement lot shown on an official plan referred to
in Section 32 of the Surveys Act that is filed or lodged in the Land
Titles Office; or
(c) a part of a parcel where the boundaries of the part are
separately described in a certificate of title other than by reference
to a legal subdivision; or
(d) a part of a parcel where the boundaries of the part are
described in a certificate of title by reference to a plan of
subdivision.
"Small Wind Energy System" means a wind energy conversion system
consisting of a wind turbine, a tower, and associated control or conversion
electronics, which has a rated capacity in accordance with the Alberta
Utilities Commission regulations, and which is intended to primarily provide
electrical power for the on-site consumption requirements, either on or off-
grid, and may provide residual power to the grid but is not intended to
produce power specifically for resale.
"Small Wind Energy System - Total System Height" means the height from
ground level to the tip of the rotor at its highest point.
"Small Wind Energy System - Tower Height" means the height above-grade
of the fixed portion of the wind turbine tower, excluding the wind turbine
and rotor.
"Small Wind Energy System - Visual Impact" means the impact of a small
turbine's visibility beyond the property lines of the subject parcel. The visual
impact shall take into consideration the landscape setting, the points from
which it would be viewed, and the perception of the surrounding land
owners whose views may be affected.
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"Storage Structure" means a structure that does not meet the definition of
an accessory building and is used for the storage of goods or equipment.
A storage structure may be in the form of a shipping container, trailer or
other structure.
"Storage Yard" means a use:
(a) where goods, motor vehicles or equipment are stored when
they are not being used and may include long term storage where
a fee is paid;
(b) where the vehicles and equipment stored may also be services,
cleaned or repaired;
(c) that may involve the storage of construction material such as oil
and gas pipeline materials;
(d) that does not involved the storage of any derelict vehicles or
derelict equipment;
(e) that does not involve the production or sale of goods as part of
the use; and
(f) that may have a building for the administrative functions
associated with the use.
"Subdivision and Development Appeal Board" means a subdivision and
development appeal board appointed pursuant to Section 627 of the
Municipal Government Act.
"Temporary" means a limited period of time as decided by the
development authority.
"Tiny Home" is a descriptor for the architectural and social movement that
advocates living simply in small homes. Generally, a floor area of less than
46 m2 (500 sq. ft.) is accepted to be a tiny home. A tiny home which is
utilized as a permanent dwelling must conform to all requirements of the
Alberta Building Code; must be fully serviced with urban utilities; and
conform to the land use district requirements in which the structure is
situated, including number of units on a parcel. For purposes of this Bylaw,
a Tiny Home is considered to be a "Dwelling - Single Detached". Any non-
permanent Tiny Home, (not on a foundation), is considered a recreational
vehicle. Tiny Homes are not manufactured homes.
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"Tradesman's Shop" means an establishment for the operation of a trade
including but not limited to a painter, electrician, upholsterer, printer and
appliance repairman, but does not include establishments which may be
obnoxious by reason of emission of odours, dust, smoke noise or vibration.
"Urban Reserve District UR" means a district whose purpose and intent is to
reserve lands outside of the developed area of the Village which is
intended for future development.
"Utilities" means any one or more of the following:
(a) systems for the distribution of gas, whether artificial or natural;
(b) facilities for the storage, transmission, treatment, distribution or
supply of water;
(c) facilities for the collection, treatment, movement, or disposal of
sanitary sewage;
(d) storm sewer drainage facilities;
(e) systems for electrical distribution and lighting;
(f) systems for telephone & Cable TV distribution.
"Worship Facility" means any facility used for the purpose of spiritual
worship. Examples may include, but are not limited to, churches, temples,
mosques, and synagogues.
"Yard" means a part of a parcel upon or over which no main building is
erected.
"Front Yard" means a yard extending across the full width of a parcel from
the front lot line of the parcel to the front foundation of the principal
building situated on the parcel. In situations with an irregular front lot line,
the point taken from an average distance of the arc shall meet the
minimum front yard requirements.
"Side Yard" means a yard extending from the front wall of the main
building situated on a parcel to the rear wall of the main building and lying
between the side line of the parcel and the side foundation of the main
building.
"Rear Yard" means a yard extending across the full width of a parcel from
the rear wall of the main building situated on the parcel to the rear line of
the parcel.
All other words and expressions have the meanings respectively assigned
to them in the Municipal Government Act R S.A. Ch. M.26 as amended.
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7 PART 7 GENERAL LAND USE REGULATIONS
7.1 ACCESSORY BUILDING & USES
(1)
A structure which is attached to the principal building by a roof, a floor
or a foundation is not an accessory building, it is to be considered part
of the principal building.
(2)
An accessory building shall not be used as a dwelling.
(3)
An accessory building or shall be located at least 1m (3.3 ft.) from any
principal building.
(4)
The total combined site coverage (50%) for principal and accessory
buildings .
(5)
Side and rear yard requirements for an accessory building shall not be
less than 1m (3.3 ft.) except on corner lots where the distance between
an accessory building and the street flanking the lot shall not be less
than the side yard requirement for the principal building in that
particular land use district.
(6)
No accessory building or use shall be located in the front yard of a
residential district.
(7)
The height of an accessory building shall not exceed 4.5 m (15 ft) with
the wall height a maximum of 3.05 m (10 ft.).
Accessory Buildings - fabric Covered shall adhere to the regulations above and the
following specific requirements:
(a)
will not exceed 20.44 sq. m. (220 sq. ft.) in area;
(b)
shall be a minimum 3 metres (10 ft.) from flammable material
(i.e. burning barrels, fire pits or other open flame accessories)
or vegetation;
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(c)
All development permit application approvals shall be
temporary with a maximum time limit of one year. Extensions
may be provided beyond one year as a subsequent
application dependent on condition of the structure at the
time of inspection and any complaint correspondence
received;
(d)
A building permit may be required (proper anchoring, etc.)
and shall be determined in accordance with the Safety Codes
Act;
(e)
the development shall be kept in good condition to the
satisfaction of the development authority; and
(f)
shall not cause or create a nuisance by way of noise, vibration,
etc. and the privacy and enjoyment of adjacent properties
shall be preserved and the amenities of the neighborhood
maintained.
7.2 DEMOLITION OR REMOVAL OF BUILDINGS
(1) A development permit shall be required for the demolition of a building
with an area of 56 m2 (602.8 sq. ft.) or more.
(2) Where a development permit has been granted for the demolition of a
building, the Development Authority may require the applicant to provide
a Letter of Credit in the amount of $1000 to cover the cost of
rehabilitating the site and $5000 for any damage caused to the Village's
street as a result of cartage of the demolition material or removal of the
building.
(3) When a demolition or removal of building is carried out the person
causing the demolition to be made, shall at their own expense, protect
from displacement any wall, sidewalk or roadway liable to be affected
by such demolition. They shall sustain, protect and underpin property so
that they will remain in the same condition as before the demolition or
removal was commenced and ensure that adequate measures shall be
taken by way of fencing and screening to ensure the general public's
safety.
(4) Whenever a development permit is issued for the demolition or removal
of a building it shall be a condition of the permit that the site shall be
properly cleaned, with all debris removed, and left in a graded condition.
(5) The demolition of a building must be carried out so as to create a
minimum of dust or other nuisance to surrounding areas, and the property
shall be reclaimed to a satisfactory state.
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7.3 COMMUNICATION TOWERS
(1) Industry Canada is responsible for regulating radio communication in
Canada and for authorizing the location of radio communication facilities,
including communication towers. In making its decision regarding the
communication tower and related facilities, Industry Canada considers the
following:
(a) the input provided by the Approving Authority;
(b) compliance with Transport Canada's painting and lighting
requirements for aeronautical safety;
(c) Health Canada's safety guidelines respecting limits of exposure to
radio frequency fields; and
(d) an environmental impact assessment may be required in order to
comply with the Canadian Environmental Assessment Act.
(2) The participation of the Village 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 communication tower.
(3) Unless demonstrated to be impractical, transmission antennae shall be
mounted on existing structures (including buildings or towers) or within
transportation and utility corridors.
(a) The tower base shall be setback from abutting parcels and
roadways by a distance of 10 percent of the tower height or the
distance between the tower base and guy wire anchors, whichever is
greater.
(b) Guy wire anchors shall be setback at least 28.0 m (91.9 ft.) from the
property line.
(c) Transmission towers must have the least practical adverse visual
effect on the environment. This may be mitigated through
landscaping and/or fencing.
(4) Communication towers shall be located in a manner that minimizes the
impact on the natural environmental and residential communities while
recognizing the unique location requirement for sitting communication
towers.
(5) All equipment shelters must meet the Village setback distances to roads
and property lines.
(6) Appropriate access/ egress shall be provided to the satisfaction of the
development authority.
(7) All telecommunication carriers requesting a new telecommunication
tower shall be required to identify any other such structure within an 8.05 km
(5 mi) radius of the proposed site location. Each request shall also provide
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documentary evidence that co-location of the existing structures within that
8.05 km (5 mi) radius is not a viable alternative to a second structure.
(8) Where Transport Canada requires that a telecommunication tower be
lighted, the following procedures shall be encouraged to minimize visual
impacts:
(a) the lighting of equipment structures and any other facilities on site
shall be shielded from adjacent properties where possible without
interfering with the requirements of Transport Canada;
(b) all lighting shall be a minimum number of low intensity white lights;
and
(c) the strobe interval shall be the maximum allowable by Transport
Canada, and the strobe lights shall only be used if absolutely
necessary.
(9) The Village may adopt policies specific to Communication Tower
placement in accordance with best practices and guidance documents.
7.4 DRAINAGE
(1) At the discretion of the Development Authority, the applicant shall be
required to grade a parcel in such a manner that all surface water will drain
from the building site to the back lane and / or front street;
(2) The Development Authority at its discretion may establish parcel and
building elevation as a development condition if it is felt that drainage will
affect neighbouring parcels;
(3) The Development Authority at its discretion may require the applicant to
submit a storm drainage plan, indicating how drainage will be managed on
the site;
(4) The Development Authority at its discretion may require the applicant to
install a catch basin or similar drainage system on site if it is felt that drainage
will otherwise affect neighbouring parcels.
7.5 DWELLING UNITS ON A PARCEL
A maximum of one dwelling unit is allowed on a parcel of land, unless
otherwise permitted by the Land Use bylaw or Municipal Planning
Commission.
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7.6 FENCING AND HEDGES
(1)
In a residential district, a fence or hedge located within a rear or side
yard of a lot, shall not exceed 6 feet in height;
(2)
In a residential district, a fence or hedge located within the front yard
of a lot, shall not exceed 1 m (3.2 feet) in height;
a.) an increase to 4.0 feet to accommodate animals is
permitted with approval from Development
authority.
(3)
In a residential district, a fence or hedge located within a corner lot
shall not exceed 1 m (3.2 feet) in height from the building facing the
streets;
(4) In a residential district, a fence shall be constructed from either wood,
vinyl or chain link.
(5)
Swimming pools shall be fenced in accordance with Alberta Safety
Codes requirements.
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7.7 OFF-STREET LOADING & UNLOADING FOR COMMERCIAL & INDUSTRIAL DEVELOPMENT
Any new industrial and commercial development or a substantial expansion
of an existing development shall provide and maintain off-street loading and
unloading spaces according to the following requirements:
(1)
The space shall not be less than 2.5 m (8 feet) wide and shall provide
no less than 3.6 m (12 feet) overhead clearance;
(2)
The space shall be hard surfaced if the access is from a street or lane
which is hard surfaced;
(3)
Access to the space shall be such that no backing and turning
movements of vehicles causes interference with traffic on the adjoining
or abutting streets or lanes;
(4)
Off-street loading and unloading spaces should be provided in
accordance with the following:
Use of Building or Site
Total Gross Floor Area
Spaces Required
(a) Retail, industry
warehousing or
similar use
Less than 464.5 m2
(5,000 sq.ft.)
1
464 .5 m2 (5,000 sq.ft.) to
2322.5 m2 (25,000 sq.ft.)
2
Each additional 2322.5 m2
(25,000 sq.ft.) or fraction
thereof
1 additional
(b) Office Building,
hospitals, public
school or similar use
Up to 2782 m2 (30,000 sq.ft.)
1
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Each additional 2782 m2
(30,000 sq.ft.) or fraction
thereof
1 additional
(5) The above standards can be modified at the discretion of the
Development Authority.
7.8 PARKING
(1)
The number of off-street parking spaces for any development shall be
according to requirements set out for the land use district in which the
space is located;
(2)
For a multiple use site, parking requirements shall be based on the
calculation of parking required for each individual use;
(3)
Parking spaces for multi-unit dwellings shall not be less than 14.8 m2
(160 sq. ft.) in area and not be less than 2.4 m (8 ft.) wide.
(3)
Parking spaces for an apartment building shall not be located in the
front yard.
(4)
A parking space shall be located on the same site as the building or
the use in respect of which it is required and shall be designated,
located, and constructed to the Village's standards so that:
a)
it is reasonably accessible to the vehicle intended to be
accommodated there;
b)
It can be properly maintained; and
c)
It is satisfactory to the Development Officer in size, shape,
location and construction.
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7.9 PHYSICAL ENVIRONMENT
(1) The Development Authority may consider the environmental impact of any
proposed development. The Development Authority may refer the proposal
to a relevant provincial department for comments on the nature of the
environmental concern. Where a development is considered to have a
significant environmental impact, the Development Authority may request
the developer to have an environmental evaluation prepared and
submitted by an appropriate professional, or undertake its own
environmental evaluation regarding the proposed development. All costs
associated with an environmental evaluation are the responsibility of the
developer.
7.10 PROJECTION OVER YARDS
(1) Front Yards:
(I) Eaves, balconies, bay windows, shade projections,
chimneys, un-enclosed decks, may project a maximum of 0.6
m (2 ft.) over or onto a required front yard;
(ii) Un-enclosed steps may project a maximum of 1.8 m (6 ft.)
over or onto a required front yard;
(2) Side Yards:
(I) Eaves, shade projections, chimneys, may project a distance
not exceeding one half of the minimum side yard requirement
for the lot;
(ii) Un-enclosed steps and landings shall be at grade to a side
entrance and may project onto the entire required side yard.
Un-enclosed steps and landings above grade shall be at the
discretion of the MPC;
(iii) 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
projection except for eaves.
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(3) Rear Yards:
(I) Eaves, balconies, bay windows, shade projections,
chimneys, un-enclosed decks and steps may project a
maximum of 1.5 m (4.9 ft.) over or onto a required rear yard.
7.11 RELOCATION OF BUILDINGS
(1) Where a development permit has been granted for the relocation of a
building on the same site or from another site, The Municipal Planning
Commission (MPC) may require the applicant to provide a Performance
Bond or letter or credit in the amount of estimated cost of renovations to
ensure completion of any renovations set out as condition of approval of a
permit. In addition, the MPC shall require the applicant to provide proof of
insurance during and after relocation of the Building;
(2) All renovations to a relocated building are to be completed within one (1)
year of the issuance of the Development Permit.
(3) Application for a relocated building shall be accompanied by recent
interior and exterior photographs to the satisfaction of the Development
Authority. Also, the views (in writing) of the adjacent registered property
owners within a minimum of 60 m (196.85 ft.) of a said parcel may be
obtained.
7.12 SITE DEVELOPMENT
The design, siting, external finish, architectural appearance and landscaping
generally of all building, including any accessory buildings, structures, sign
and any reconstruction shall be to the satisfactions of the Development
Authority in order that these shall be general conformity in such matters with
adjacent buildings.
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8 PART 7 SPECIFIC LAND USE REGULATIONS
8.1 ANIMAL UNITS
(1)
The application of animal units may be applied as a condition of a
development permit;
(2)
All development permits issued for Animal Units shall be revocable
at any time by the Development Authority if, in its evaluation, the
use is or has become detrimental to the amenities of the
neighborhood.
(3)
One animal unit is permitted for every 0.81 ha. (2.0 acres) of land
contained within a parcel. The maximum number of animal units
permitted shall be calculated in accordance with the total amount
of acres fenced and dedicated to animal uses on the parcel and
the total number shall not exceed 10 animal units on any given
parcel.
(4)
Animal types and the number of animals that equate to one
animal unit shall be established in accordance with the Agricultural
Operations Practices Act Matters Regulation Schedule 1.
8.2 BREWERY, WINERY OR DISTILLERY
(a) The development must have a Class E Licence for a Small Manufacturer, a
Cottage Winery and/or Packaging, from the Alberta Gaming Liquor Commission.
A development with a Class E Licence for a Manufacturer from the Alberta
Gaming Liquor Commission must not be considered under this use class.
(b) In the C-1, C-2, C-3, R-D, and C-R land use districts:
i.
the development must include a store front for the sale of the product to
the general public.
ii.
the development may be developed in conjunction with a related use.
The related or accessory use must be applied for separately. The Development
Authority may approve or refuse any or all accessory or related uses.
The related uses may include but are not limited to a retail store, an eating or
drinking establishment, and/or a liquor store, provided the use(s) is listed in the
relevant district and the proposal meets the regulations for that use.
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(c) In the M-IB land use district:
i.
the development may include a store front for the sale of the product to
the general public.
ii.
the development shall not be developed in conjunction with another
accessory or related use that will result in traffic from general public, such as but
not limited to a retail store, an eating or drinking establishment, and/or a liquor
store.
(d) In the A-UR land use district:
i.
the development shall be accessory to the extensive agricultural use of
the parcel.
ii.
the development may include a store front for the sale of the product to
the general public.
iii.
the development may be developed in conjunction with a related use.
The related or accessory use must be applied for separately. The Development
Authority may approve or refuse any or all accessory or related uses.
iv.
the Development Authority may consider an eating or drinking
establishment, a liquor store, and/or a retail store as part of an application,
despite these uses not being listed as a use within the A-UR district, provided the
total square footage of the unlisted, accessory uses is limited to no more than
50m² to ensure these uses remain accessory to the principal use.
(e) A Development Permit Application must include the following information:
i.
A description of the manufacturing process, including inputs,
outputs and by products (such as heat, noise, or smell) of the process.
ii.
A site plan showing the portion of the development site dedicated
to the manufacture and packaging of the product, and the portion of the
development dedicated to the store front.
iii.
The proposed water source;
iv.
The proposed waste water plan;
v.
The estimated quality and quantity of waste water effluent
(m3/day and m3/year).
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(f) A Development Permit Application may be required to include the following
information:
i.
If the development proposes to tie into the municipal water system,
a written analysis by a professional engineer, identifying whether the
Town's water system has the capacity to supply the development, having
regard to the maximum daily demand and fire-flow capacity and
requirements of the water system.
ii.
Where the Development Authority determines that the pre-
treatment effluent significantly exceeds acceptable toxicity limits for the
town's infrastructure, a pre-treatment plan, to the satisfaction of the
Development Authority.
iii.
A noise, odour, traffic, and/or any other impact assessment
deemed to be necessary. Any assessment should identify the mitigative
measures which may be undertaken to reduce impact on neighbouring
properties.
(g) The Development Authority may set conditions through the development
permit to mitigate any impacts and/or set appropriate standards for the
development.
(h) The Development Authority may consider and apply the development
separation distance requirements established by Section 12(19)(c) when making a
decision on a development permit application for a "brewery, winery and/or
distillery".
(i) The minimum off-street parking requirements for a "brewery, winery and/or
distillery" are provided for in Section 11 (9)(a). Each related or accessory use must
also meet its off-street parking requirements.
8.3 CANNABIS REGULATIONS
a. Must comply with the provisions set out in the Provincial Gaming, Liquor, and
Cannabis Act.
b. Must obtain and submit a copy of the retail Cannabis Store License.
c. A premises described in the Cannabis License may not have any part of an
exterior wall that is located within 200 metres of:
i. A building containing a school as defined in the Schools Act, or
boundary of a parcel of land on which a building is located.
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ii. A boundary of a parcel of land that is designated as a school reserve or
municipal and school reserve under the Municipal Government Act.
iii. A building containing a provincial health care facility or a boundary of a
parcel of land on which the building is located.
iv. The separation distance between Cannabis Retail Sales use and a school,
school or municipal reserve or heath care facility, shall be measured from the
closest point of the exterior wall of the building in which the proposed Cannabis
Retails 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.
8.4 CANNABIS RETAIL STORE
(a)
The owner or applicant must obtain any other approval, permit,
authorization, consent or licence that may be required to ensure compliance with
applicable federal, provincial or other municipal legislation.
(b)
Cannabis Retail Sales shall not be located within 100 metres from:
i.
a private or public school; or
ii.
a provincial health care facility; or
iii.
a public playground.
(c)
For the purposes of subsection 12(21)(b) only, a variance up to 10 metres
on the separation distance may be granted by the Municipal Planning
Commission where the subject site includes a building with multiple units and the
subject unit is not within the prescribed setback or where the building on the site is
not within the setback.
(d)
The separation distance established in (21)(b) above and (21)(e) below
between uses shall be measured from lot line to lot line.
(e)
Where a proposed Cannabis Retail Sales use is within 100 metres of an
existing Cannabis Retail Sales use the potential cumulative impact of the uses on
development within the area must be considered by the Development Authority
in evaluating the application.
(f)
The development shall not operate in conjunction with another approved
use.
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(g)
Customer access to the store is limited to a store-front that is visible from
the street. Mall access shall allow for clear visibility from the interior.
(h)
No customer parking shall be located at the rear of the Retail Sales
building.
(i)
All parking areas in front of the building shall be well lit to the satisfaction of
the Development Officer during operating hours.
(j)
Parking shall be provided in accordance with the minimum requirements
under Section 11(9) Commercial Uses: Retail Shops.
(k)
When an application for a Cannabis Retail Sales as a discretionary use is
received and/or an associated variance application is received, the
Development Authority shall notify all landowners within a 50 metre radius,
measured from property line to property line to ensure that neighbouring
landowners have the opportunity to provide comment on the application prior to
the decision being made.
i.
The notification must contain notice of the time and date of the
Municipal Planning Commission meeting and a method to provide written
feedback.
ii.
Notification must be received a minimum of 3 working days prior to
the application being presented at a Municipal Planning Commission
meeting.
iii.
Mail is considered served seven (7) days from the date of mailing if
mailed to an address in Alberta or fourteen (14) days if mailed to an
address outside of Alberta.
(l)
The Development Authority having jurisdiction shall impose a condition on
any Development Permit issued for Cannabis Retail Sales that the development
shall not commence until authorized by, and compliant with, any superior
legislation including any Provincial and Federal Statutes.
8.5 CANNABIS PRODUCTION FACILITY
(a)
The owner or applicant must provide as a condition of development a
copy of the current licence for all activities associated with cannabis production
as issued by the Federal Government.
(b)
The owner or applicant must obtain any other approval, permit,
authorization, consent or licence that may be required to ensure compliance with
applicable federal, provincial or other municipal legislation.
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(c)
The development must be done in a manner where all of the processes
and functions are fully enclosed within a stand-alone building including all loading
stalls and docks, and garbage containers and waste material.
(d)
The development shall not include an outdoor area for storage of goods,
materials or supplies.
(e)
The development shall not operate in conjunction with another approved
use.
(f)
The development must include equipment designed and intended to
remove odours from the air where it is discharged from the building as part of a
ventilation system.
(g)
The Development Officer may require, as a condition of a development
permit, a waste management plan, completed by a qualified professional, which
includes but is not limited to, details on:
i.
the incineration of waste products and airborne emissions,
including smell;
ii.
the quantity and characteristics of liquid and waste material
discharged by the facility; and
iii.
the method and location of collection and disposal of liquid and
waste material discharged by the facility.
(h)
Parking shall be provided in accordance with the minimum requirements
under Section 11(9) Industrial: Manufacturing and Industrial Plants, Warehousing,
Wholesale and Storage Buildings and Yards, Servicing and Repair Establishments
and Public Utility Building
(i)
The Development Authority having jurisdiction shall impose a condition on
any Development Permit issued for Cannabis Production Facility that the
development shall not commence until authorized by, and compliant with, any
superior legislation including any Provincial and Federal Statutes.
8.6 PRIVATE SWIMMING POOLS, HOT TUBS, & SPA'S
(1) Ensure all appropriate permits are acquired through Development Authority.
(2) The entire area serving the outdoor swimming pool must be protected by a
fence, that can prevent access by unauthorized persons. Its height above the
outside ground level must not be less than 1.8 m (6 ft.) in height for private
swimming pools.
(3) An opening for access through a fence around a private swimming pool must
be protected by a gate that;
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(I) the same height as the fence
(ii) equipped with self-closing device
(iii) equipped with self-latching device on the inside of the gate located
not less than 1.5 m ( 5 ft.) above ground level, and
(iv)capable of being locked
(4) The fence & gate around a swimming pool must be constructed so that all
horizontal and diagonal members are located on the swimming pool side. The
space between fencing members is limited to 100mm (four inches).
(5) Barbed wire must not be used on or for a fence or gate around a swimming
pool.
(6) Devices must not be installed on or adjacent toa fence or gate around a
swimming pool that could cause electric current to pass through the fence or
gate.
8.7 RENEWABLE ENERGY SYSTEMS
1) Renewable energy systems such as, but not limited to, active and passive
solar, photovoltaic solar panels, heat exchange systems and generators are
encouraged as a method to reduce greenhouse gas emissions and to
promote sustainability objectives within the Village. Alternative Energy Systems
shall require a development permit to ensure there are no nuisance effects
that extend beyond the site and shall have consideration for the following
requirements:
(A) Renewable Energy Systems that are part of or attached to the principal
building shall follow the requirements for that use (i.e. Solar panels on a
roof); and
(B) Renewable energy systems shall follow the minimum requirements for
accessory buildings and uses in the appropriate Land Use District where
separate and subordinate to the principal building or use of the property;
and
(C) Renewable energy systems shall be considered a discretionary use in all
land use districts.
8.8 SECONDARY SUITES
(a) A secondary suite shall only be developed within the principal dwelling and
shall not be developed within a detached garage and/or accessory structure.
(b) The maximum floor area of the secondary suite shall be as follows: i. In the
case of a secondary suite located completely below the first storey of a single
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detached dwelling the floor area shall not exceed the floor area of the first storey
of the associated principal dwelling (excluding stairways).
(c) The minimum floor area for a secondary suite shall be not less than 30 m2
(322.93 sq. ft. ).
(d) A secondary suite shall be developed in such a manner that the exterior of the
principal dwelling containing the secondary suite shall appear as a single-
detached dwelling.
(e) Only one secondary suite may be developed in conjunction with a principal
dwelling.
(f) The number of persons occupying a secondary suite shall not exceed four.
(g) The secondary suite shall not be separated from the principal dwelling through
a condominium conversion or subdivision.
(h) A secondary suite shall provide off-street parking in compliance with Schedule
11 - Off-Street Parking and Loading Requirements.
(i) All required off-street parking stalls for a secondary suite shall be hard surfaced
(e.g. cement, pavement/asphalt, etc.).
(j) Development of a secondary suite shall adhere to the Alberta Building Code
and Alberta Fire Code as a condition of approval.
8.9 SIGNS
(1) No signs or advertising structures of a commercial, direction or
informative nature shall be erected 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;
(2) No signs or advertising structures shall be erected on or affixed to
private property without the prior consent of the property owner or tenant;
(3) No signs, billboards, advertising structures or signboards shall be
erected on or affixed to public property to public property without the
prior consent of the appropriate public body;
(4) Notwithstanding the generality of subsection (1) nor the provisions of
subsections (2) and (3), the following signs may be erected on land or
affixed to the exterior surface of buildings or structure without application
for a Development Permit provided that no such signs shall be illuminated.
(a) signs for the purpose of identification, direction, and warning,
not exceeding 2.2 m2 (24ft2) and limited to one sign per parcel;
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(b) signs relating to a person, partnership or company carrying on a
profession, business or trade, not exceeding 0.4 m2 (4.3 ft. 2) and
limited to one sign per parcel;
C) signs relating to an institution of a religious, educational, cultural,
recreational, or similar character or toa residential motel,
apartment block, club, or similar institution, not exceeding 2.2 m2
(24 ft. 2) and limited to on signer per parcel; and
(d) advertisements in relation to the function of Local Authorities
Utilities Boards other public or quasi public bodies.
(5) No signs or advertisements shall resemble or conflict with a traffic sign;
(6) All advertisements shall be kept in a safe, clean, and tidy condition and
may by resolution of Council, be required to be renovated or removed;
(7) No signs or advertising structures other than those specified under
subsection (4), shall be permitted in a residential district; and
(8) All signs shall comply with the requirements set out for the land use
district in which the sign is located.
(9) All signs shall be designed and manufactured to a professional
standard of quality equivalent thereto.
(10) The following separation distances between signs shall be applied:
(a) 9.14 m (30 ft.) adjacent to a municipal road;
(b) 100m (325 ft.) adjacent to a primary highway or as required by
Alberta Transportation & Utilities.
(11) Projecting signs may be permitted provided that:
(a) minimum height clearance of 2.74 m (9 ft.) be provided from
any sidewalk below;
(b) the signs shall not project above the roof by more than 0.91 m
(3 ft.);
C) the sign does not project within 0.61 m ( 2 ft.) of the curb;
(d) the sign does not project more than 2 m (6.5 ft.) from the face
of the building;
(e) the sign does not exceed 9.29 m2 (100 ft. 2) in area.
(12) Free standing signs (directional, advertising, or identification) may be
permitted provided that:
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(a) the sign does not exceed 9.14 m (30 ft.) in overall height;
(b) the maximum total sign area allowable is 13.94 m2 (150 ft. 2) ;
C) the sign shall be a minimum of 6.1 m ( 20 ft.) from a curb or 1.52
m ( 5 ft.) from the property line.
(13) Roof signs shall not exceed 9.29 m2 (100 ft. 2) and no portion of the
sign shall extend beyond the periphery of the roof on which it is located.
(14) Fascia signs may be permitted provided that:
(a) the total sign area does not exceed a ration of 20% of the face
building to which the sign is attached;
(b) it shall not project above the roof or marquee by more that 0.91
m (3 ft.).
(15) Portable signs may be permitted provided that:
(a) maximum sign area shall not exceed 10.03 m2 (108 sq. Ft.);
(b) maximum height shall not exceed 2.44 m (8 ft.) ;
C) The sign is not located in the sight triangle formed on a corner
site by the two street property lines and straight line which
intersects them 5.02 m (16.5 ft.) from the corner where they meet;
(d) the lighting of a mobile sign does not adversely affect
residential sites and / or traffic lights; and
(e) a valid development permit has been obtained for signs to be
in place for more than 7 consecutive days.
(16) For any sign which will overhang a sidewalk of other Village property,
the owner of the sign shall:
(a) indemnify and hold harmless the Municipality for any claim
related to the construction and maintenance of the sign;
(b) Furnish a public liability insurance policy of such an amount
satisfactory to the Council naming the Municipality as co-insured.
(17) Small signs displayed for the discretion of convenience of the public,
including signs which identify rest rooms , freight, entrance, parking
entrance or exit, or the like, not exceeding 0.5m2 (5 sq. Ft.) in area.
8.10 SMALL WIND ENERGY SYSTEMS
It is the purpose and intent to promote the safe, effective and efficient
use of small wind energy systems (SWES) to reduce the on-site
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consumption of utility-supplied electricity while protecting public health
and safety without significantly increasing the cost or decreasing the
efficiency of a SWES. An SWES may be appropriately located on larger
residential parcels, commercial/ industrial sites or for public facilities
and shall be considered an accessory structure and use in the land use
districts where it is listed in accordance with the following requirements:
(1) Maximum Tower Height:
(a) Parcel size - 0.2 ha. (0.5 acres) - 0.4 ha. (1.0 acre)
25 m (80 ft.)
(b) Parcel size greater than 0.4 ha. (1.0 acre)
No maximum
Tower height shall be in accordance with the manufacturer
requirements and shall conform to the setback requirements below.
(2) Setback Requirements:
(a) Setbacks from property lines
The SWES tower base shall be no closer to the property line than the
total system height of the SWES, and no part of the tower structure,
including guy wire anchors, may extend closer than 3 m (10 ft.) to the
property boundaries of the installation site. The Development Authority
may waive the tower base setback requirements if the adjacent
property owner grants an easement for the location of the SWES to be
closer than these requirements.
(b) Setbacks from Structures
(i) Dwellings/ public buildings:
The SWES tower base shall be no closer to a dwelling unit or public
building on adjacent properties than the total system height of the
SWES. This distance may be greater if it is determined that shadow
flicker is a factor on adjacent properties. (note: shadow may be up to
3.6 times the distance of tower height in winter months)
(ii) Accessory buildings or structures
No requirements
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The Development Authority may waive the tower base setback
requirements if the affected adjacent property owner grants an
easement registered on title for the location of the SWES to be closer
than these requirements.
It is not anticipated that sound levels from a professional quality SWES
will negatively impact adjacent property owners. The required setbacks
in (2) above are established for public safety and to eliminate any
sound related conflict beyond that of normal background noise to
adjacent properties.
(4) Visual Impact
The nature of a SWES requires the installation of the turbine on a tall
tower, 30 ft.+ above structures or trees to reach wind conditions and
avoid turbulence. Visual Impact concerns shall be considered where
there is significant scenic or historical value associated and where there
is a clear public benefit.
(5) Consultation Requirements
Applicants for a SWES shall be responsible for circulating the proposal
prior to application to neighbouring property owners using the
established form. Any comments received from the circulation shall be
included with the application.
(6) Decommissioning
If the active production of electricity from a SWES is discontinued for
two years or more the SWES shall be removed. Upon termination of the
use, the entire facility shall be removed and the site shall be restored to
pre-construction condition.
8.11 UTILITIES
(1) A development shall not be permitted if the development is not served by the
public sewer and water system or a provincially approved private system;
(2) A development shall not be permitted until satisfactory arrangements have
been made by the developer for the supply of water, electric power, sewage,
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and street access to the development including payments of costs of installing or
constructing any such utility or facility by the developer;
(3) A development in a Commercial / Industrial District may be required to install a
trap drain system.
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9 PART 8 ENFORCEMENT
9.1 ENFORCEMENT
9.1.1 Where a person fails or refuses to comply with an order directed to them
under Section 14(1), or an order of the Subdivision and Development
Appeal Board under Section 687(3)(c) of the Act within the time specified,
the Council or a person appointed by it may, in accordance with Section
545 and 646 of the Act, enter upon the land or building and take such
action as is necessary to carry out the order.
9.1.2 Where the Council or a person appointed by it carries out an order, the
Council shall cause the costs and expenses incurred in carrying out the
order to be placed on the tax roll as an additional tax against the property
concerned and that amount shall be collected in the same manner as
taxes on land.
9.1.3 A person who contravenes or fails to comply with a development permit
or a condition attached thereto is guilty of an offense and is liable on
summary conviction to a fine.
9.2 MUNICIPAL INSPECTION AND RIGHT OF ENTRY
The Development Authority, Subdivision Authority, Bylaw Enforcement Officer, or
such other designated person, is the "Officer" for the purposes of the Village of
Veteran. Pursuant to Section 542 of the Municipal Government Act, an Officer
may enter land or a Building if:
(a) Reasonable notice has been given to the owner or occupier; or
(b) The entry is authorized by an Order of the Court of Queen's Bench; and
then only for the purpose of ensuring compliance with the Municipal
Government Act and the Regulations thereunder, or this Bylaw.
9.3 STOP ORDER
(1) Where the Development Authority finds that a development or use of land or
buildings is not in accordance with:
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(a) the Municipal Government Act or the regulations; or
(b) a development permit or subdivision approval; or
(c) the Land Use Bylaw; the Development Authority may, in accordance with
the Act, by notice in writing, order the registered owner, the person in
possession of the land or buildings, or the person responsible for the
contravention, or all or any of them to:
(i) stop the development or use of the land or buildings in whole or in part
as directed by the notice; and/or (
(ii) demolish, remove or replace the development; and/or
(iii) take such other measures as are specified in the notice so that the
development or use of the land or buildings is in accordance with the
Municipal Government Act, the regulations, a development permit,
subdivision approval or this Bylaw, within the time frame specified by the
notice, as the case may be.
(2) Where a notice is issued under Section 9.2, the notice shall state the following
and any other information considered necessary by the Development Authority:
(a) an explanation of the contravention, and a statement indicating under
which provisions of this Bylaw or the Act the order is being cared out;
(b) the alternatives and processes which the person responsible for the
contravention may pursue in order to correct the contravention;
(c) a time frame in which the contravention must be corrected prior to
Westlock County pursuing action; and
(d) advise the person of his/her right to appeal the notice to the Subdivision
and Development Appeal Board.
(3) Where a person fails or refuses to comply with an order directed to him/her
pursuant or an order of the Subdivision and Development Appeal Board within the
time specified, a person appointed by Council may, in accordance with the Act,
enter upon the land or building and take such action as is necessary to carry out
the order.
(4) Where the Development Authority carries out an order, the Village shall, as
part of its process, ask the courts to allow it to cause the costs and expenses
incurred in carrying out he order to be placed on the tax roll as an additional tax
against the property concerned, and that amount shall be collected in the same
manner as taxes on land
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(5) The Village may register a Caveat under the Land Titles Act pursuant to the
Order against the certificate of title that is subject to the Order in accordance
with Section 646(2) of the Act.
9.4
OFFENCES AND PENALTIES
Offence
Minimum Penalty
First Offence
Minimum Penalty
Subsequent Offence
General Offences:
Contravention of a
Zoning Bylaw
provision
$250.00
$500.00
Development without
a Development
Permit
$250.00
$500.00
Development in
contravention of a
Development Permit
$250.00
$500.00
Failure to Comply with
a Violation Notice
$250.00
$500.00
Continuing
development after a
Development Permit
has been cancelled or
suspended.
$250.00
$500.00