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i
Town of Viking Land Use Bylaw
Bylaw 2012-640
TOWN OF VIKING
LAND USE BYLAW
BYLAW NO. 2012-640
ii
Town of Viking Land Use Bylaw
Bylaw 2012-640
TABLE OF CONTENTS
Page
PART 1.0 - GENERAL ..................................................................................................... 1
1.1
Title
1
1.2
Purpose
1
1.3
Interpretation
1
1.4
Metric and Imperial Measurements
44
1.5
Date of Receipt
44
1.6
Repealing Existing Controls
45
1.7
Date of Commencement
45
1.8
Attached Figures
45
1.9
Schedule A
45
PART 2.0 - GENERAL ADMINISTRATIVE PROCEDURES AND AGENCIES ............. 46
2.1
Control of Development
46
2.2
Development Not Requiring a Development Permit
46
2.3
Development Authority
48
2.4
Development Authority Officer
49
2.5
Council
49
2.6
Subdivision and Development Appeal Board
49
PART 3.0 - DEVELOPMENT PERMITS, RULES AND PROCEDURES ....................... 50
3.1
Application for Development Permits
50
3.2
Referral of Applications
53
3.3
Decision Process and Re-Application
53
3.4
Development Permits and Notices
56
PART 4.0 - APPEALS .................................................................................................... 58
4.1
Appeal Procedure
58
4.2
Appeal Hearing
58
4.3
Appeal Decision
59
PART 5.0 - ENFORCEMENT, AMENDMENT, AND NON-CONFORMING BUILDINGS
AND USES ...................................................................................................................... 60
5.1
Contravention
60
5.2
Application to Amend Bylaw
61
5.3
Non-Conforming Buildings and Uses
62
PART 6.0 - LAND USE DISTRICTS .............................................................................. 64
6.1
Establishment of Districts
64
PART 7.0- GENERAL PROVISIONS .............................................................................. 66
7.1
Amenity Areas
66
7.2
Building Exteriors
67
7.3
Corner Lots and Double Fronting Lots
67
7.4
Corner Sites and Sight Line Protection
68
7.5
Dwelling Units on a Lot
69
7.6
Environmental Screening
70
7.7
Existing Substandard Lots
70
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Town of Viking Land Use Bylaw
Bylaw 2012-640
7.8
Fences, Walls and Hedges
70
7.9
Hazardous Materials
73
7.10
Keeping of Animals
74
7.11
Landscaping
74
7.12
Lighting
78
7.13
Lot Grading and Drainage
78
7.14
Noise
78
7.15
Nuisance
78
7.16
Objects Prohibited or Restricted in Yards
78
7.17
On-Site and Off-Site Services and Improvements
81
7.18
Parking and Loading Provisions
81
7.19
Projection over Required Yards
89
7.20
Relocation of Buildings
90
7.21
Sour Gas Facilities
91
7.22
Subdivision of Land
92
7.23
Utility Easements
92
PART 8.0 - SPECIAL USE REGULATIONS .................................................................. 93
8.1
Accessory Building and Use Regulations
93
8.2
Accessory Buildings in Districts Other Than Residential Districts
93
8.3
Accessory Buildings in Residential Districts, including Garages, Sheds, Detached
Decks, etc.
94
8.4
Animal Care and Related Uses
96
8.5
Bed and Breakfast Establishments
96
8.6
Car Washes
97
8.7
Conversion of Single Family Dwellings to Other Uses
97
8.8
Day Use and Picnic Areas
97
8.9
Drive-In Businesses
98
8.10
Garage Suites
100
8.11
Group Homes, Day Homes and Child Care Facilities
101
8.12
Home Occupations
102
8.13
Industrial Development
104
8.14
In-law Suites
104
8.15
Large Wind Energy Conversion Systems
105
8.16
Manufactured Home Parks
107
8.17
Manufactured Homes
108
8.18
Micro Wind Energy Conversion Systems
109
8.19
Motels
109
8.20
Multiple Dwelling Developments
109
8.21
Neighbourhood Commercial Developments
110
8.22
Places of Worship
110
8.23
Private Swimming Pools and Hot Tubs
111
8.24
Recreational Trailer Parks
112
8.25
Recreational Vehicles Located in Recreational Trailer Parks
113
8.26
Relocation of Buildings
113
8.27
Sea Cans
113
8.28
Secondary Suites
114
8.29
Service Stations (including Gas Bars)
115
8.30
Shopping Centres
116
8.31
Show Homes
116
8.32
Sidewalk Cafes
117
8.33
Signs
118
8.34
Small Animal Breeding and Kennels
127
8.35
Small Radio Communications Facilities
128
8.36
Small Wind Energy Conversion Systems
129
8.37
Solar Energy Collection Systems
131
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Town of Viking Land Use Bylaw
Bylaw 2012-640
8.38
Surveillance Suites
131
8.39
Wireless Communications Facilities
132
8.40
Workcamps
134
PART 9.0 - DISTRICT PROVISIONS ............................................................................ 136
9.1
Residential District (Low Density) - R1
136
9.2
Residential District (Medium Density) - R2
139
9.3
Residential District (High Density) - R3
142
9.4
Residential Manufactured Home Subdivision District - RMH1
145
9.5
Residential Manufactured Home Park District - RMH2
148
9.6
Central Commercial District - C1
152
9.7
Secondary Commercial District - C2
156
9.8
Highway Commercial District - C3
158
9.9
Local Commercial District - C4
161
9.10
Industrial District - M
163
9.11
Public Service District - PUB
166
9.12
Urban Reserve District - UR
168
9.13
Parks and Recreation District - PR
170
9.14
Direct Control District - DC
172
SCHEDULE A LAND USE DISTRICT MAP .............................................................. 173
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Town of Viking Land Use Bylaw
Bylaw 2012-640
TABLE OF FIGURES
Page
Figure 1: Adjacent Land Example in an Urban Area
2
Figure 2: Building Height
6
Figure 3: Canopy Sign
7
Figure 4: Corner Lot
9
Figure 5: Corner Site
9
Figure 6: Double Fronting Lot
12
Figure 7: Row Housing
13
Figure 8: Single Detached Dwelling
13
Figure 9: Duplex, side-by-side
14
Figure 10: Duplex, up-down
14
Figure 11: Zero Lot Line Dwelling
14
Figure 12: Sea Can
33
Figure 13: Setback Example A
34
Figure 14: Setback Example B
35
Figure 15: Canopy Sign
36
Figure 16: Fascia Sign
37
Figure 17: Freestanding Sign
37
Figure 18: Inflatable Sign
38
Figure 19: Projecting Sign
38
Figure 20: Roof Sign
39
Figure 21: Temporary/Portable Sign
39
Figure 22: Side Yard Setback on a Corner Lot Where a 2nd Front Yard is Not Required
68
Figure 23: Corner Site
69
Figure 24: Fence, Wall and Hedge Height Requirements
71
Figure 25: Good Neighbour Fence Design
72
Figure 26: Parking Area Design Requirements for 30 Degree Angle Stalls
86
Figure 27: Parking Area Design Requirements for 45 Degree Angle Stalls
87
Figure 28: Parking Area Design Requirements for 60 Degree Angle Stalls
87
Figure 29: Parking Area Design Requirements for 90 Degree Angle Stalls
88
Figure 30: Sour Gas Setback Requirements
91
Figure 31: Accessory Building Setback Requirements in Residential Districts
95
Figure 32: Mixed Use Commercial Residential Building
110
Figure 33: A-Frame Sign Requirements
122
TABLE OF TABLES
Page
Table 1: Parking Requirements ...................................................................................................................................... 84
Table 2: Parking Area Design Requirements.................................................................................................................. 86
Table 3: Loading Stall Requirements ............................................................................................................................. 89
Table 4: Parcel Area and Parcel Coverage Requirements for Drive-in Businesses ........................................................ 98
Table 5: Queuing Space Requirements .......................................................................................................................... 99
1
Town of Viking Land Use Bylaw
Bylaw 2012-640
BYLAW NO. __________
LAND USE BYLAW
Pursuant to the Municipal Government Act, R.S.A. 2000, as amended, the Council of the Town
of Viking duly assembled, hereby enacts as follows:
PART 1.0 - GENERAL
1.1
Title
The title of this Bylaw shall be the Land Use Bylaw of the Town of Viking.
1.2
Purpose
The purpose of this Bylaw is to regulate the use and development of land and buildings
within the Town to achieve the orderly and economic development of land, and for that
purpose amongst other matters:
(1)
to divide the Town into districts;
(2)
to regulate for each district the purposes for which land and buildings may be
used;
(3)
to establish a method of making decisions on applications for development
permits including the issuing of development permits;
(4)
to provide the manner in which notice of the issuance of a development permit is
to be given; and
(5)
to establish the number of dwelling units permitted on a parcel of land.
1.3
Interpretation
In this Bylaw:
(1)
"abut" or "abutting" means immediately contiguous or physically touching, and,
when used with respect to a lot, means that the lot physically touches upon
another lot, and shares a property line or boundary line with it;
(2)
"accessory building" means a temporary or a permanent building which is
separate and subordinate to the principal building, the use of which is incidental to
that of the principal building and is located on the same parcel of land. Accessory
buildings include private garages, portable garages, or sheds;
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Town of Viking Land Use Bylaw
Bylaw 2012-640
(3)
"accessory use" means a use customarily incidental and subordinate to the
principal use or building and is located on the same parcel of land as the principal
use or building;
(4)
"Act" means the Municipal Government Act, R.S.A. 2000, as amended, and any
Regulations made pursuant thereto;
(5)
"adjacent land" means land that is contiguous to a particular parcel of land and
includes:
(a)
land that would be contiguous if not for a highway, road, river or stream,
and
(b)
any other land identified in this Bylaw as adjacent for the purpose of
satisfying Section 3.4(5)(a) of this Bylaw; (See Figure 1)
Figure 1: Adjacent Land Example in an Urban Area
(6)
"adult entertainment establishment" means an establishment which provides
live entertainment for its patrons, which includes the display of nudity;
(7)
"adult use" means any of the following: Adult Bookstore, Adult Motion Picture
Theater, Adult Paraphernalia Store, Adult Video Store, and Live Nudity
Establishment or any other business or establishment characterized by an
emphasis depicting, describing or related to sexual conduct or excitement. For the
purposes of this definition an adult use is any use or combination of uses which
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Town of Viking Land Use Bylaw
Bylaw 2012-640
either have greater than twenty-five percent (25%) of the subject establishment's
inventory stock; or twenty-five percent (25%) of the subject premise's gross floor
area, or 200 sq f, whichever is greater devoted to materials for sale or rent
distinguished by or characterized by their emphasis depicting, describing, or
relating to sexual conduct or sexual excitement;
(8)
"agricultural operation" means an agricultural operation as defined in the
Agricultural Operations Practices Act;
(9)
"agriculture, extensive" means the use of land or buildings, including the first
dwelling or manufactured home, an agricultural operation which require large
tracts of land (usually in the order of 32.4 ha (80 ac.) or more), but not including
intensive agriculture or confined feeding operations;
(10)
"agricultural industry" means an industrial activity involving the processing,
cleaning, packing or storage of agricultural products. Agricultural industry
includes, but is not restricted to, seed cleaning and/or processing plants, and grain
elevators, but does not include the manufacture of processed foods from
agricultural products or abattoirs;
(11)
"agriculture, intensive" " means a agricultural operation raises crops on a land-
intensive basis. Intensive agriculture includes, greenhouses, silviculture and sod
farms, but does not include confined feeding operations;
(12)
"alcohol retail sales" means an establishment or that part of an establishment
possessing a Class D liquor license which is used for the retail sales of any and all
types of alcoholic beverages to the public for consumption off premises. This use
may include as well as the sale of alcohol the retail sales of related products such
as soft drinks and snack foods;
(13)
"amenity area" means an area which is developed for the active or passive
recreation and enjoyment of the occupants of a dwelling or dwellings. Such area
may be for either private or communal use and may be under either individual or
common ownership;
(14)
"amenity area, communal" means an amenity area which shall be provided
subject to the regulations in this Bylaw but which must be developed for the
active or passive recreation and enjoyment of all of the residents within the
building and/or development. Communal amenity areas may be located indoor or
outdoor as required by the Development Authority;
(15)
"amenity area, indoor" means an amenity area which shall be provided subject
to the regulations in this Bylaw but which must be developed for the active or
passive recreation and enjoyment of residents within the building and/or
development. Indoor amenity areas may include communal lounges, workout
facilities, indoor swimming pools or other similar uses;
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Town of Viking Land Use Bylaw
Bylaw 2012-640
(16)
"amenity area, private outdoor" means an amenity area which shall be provided
subject to regulations in this Bylaw but which must be developed for the active or
passive recreation and enjoyment of the residents of a specific dwelling unit and
which is immediately adjacent to and directly accessible from the dwelling unit it
is intended to serve. Amenity areas may include: landscaped areas, patios,
balconies, swimming pools, play areas and similar uses but does not include any
area occupied at grade by a building's service areas, 'parking lots, aisles or access
driveways;
(17)
"amusement establishment, indoor" means a development providing
recreational facilities with table games and/or electronic games played by patrons
for entertainment. Major amusement establishments include billiard parlours and
electronic games arcades with tables and/or games and bowling alleys;
(18)
"amusement establishment, outdoor" means a development providing
recreational facilities outdoors played by patrons for entertainment. Outdoor
amusement establishments include amusement parks, go-cart tracks, and
miniature golf courses. However, outdoor amusement establishments do not
include drive-in motion picture theatres, carnivals or circuses;
(19)
"animal hospital" means a development where livestock as well as domestic pets
are cared for and treated. Animal hospitals primarily involve out-patient care, but
may include medical procedures involving hospitalisation for more than four (4)
days. All animals shall be kept within an enclosed building. Animal hospitals are
distinct from veterinary clinics (which serve only domestic pets) and do not
include small animal breeding and boarding establishments;
(20)
"apartment" means a dwelling containing three (3) or more dwelling units, but
shall not mean ground-oriented multiple unit dwellings (row housing), or
fouplexes;
(21)
"apiary" means a place in which a colony or colonies of bees are kept, as a stand
or shed for beehives or a bee house containing a number of beehives.
(22)
"area of a sign" means the total surface area within the outer edge of a sign, and,
in the case of a sign comprised of individual letters, numerals, or symbols, shall
be the area of a rectangle enclosing the letters, numerals, or symbols. Frames and
structural members not bearing advertising matter shall not be included in
computation of the area of a sign;
(23)
"arterial street" or "arterial road" means a roadway used primarily for through
traffic;
(24)
"auctioneering establishment" means a development specifically intended for
the auctioning of goods and equipment, including the temporary storage of such
goods and equipment. Auctioneering establishments do not include flea markets;
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Town of Viking Land Use Bylaw
Bylaw 2012-640
(25)
"automotive and equipment repair shop" means a development where
automobiles, motorcycles, snowmobiles and similar vehicles are serviced or
mechanically repaired and where related accessories and parts are sold and/or
installed. Automotive and equipment repair shops include transmission shops,
muffler shops, tire shops, automotive glass shops, and upholstery shops, but not
body repair or paint shops;
(26)
"automotive and minor recreational vehicles sales/rentals establishment"
means a development where new or used automobiles, light trucks, motorcycles,
snowmobiles, tent trailers, boats, travel trailers, or similar light recreational
vehicles or craft are sold or rented, together with incidental maintenance services
and sale of parts. Automotive and minor recreational vehicle sales/rental
establishments include automobile dealerships, car rental agencies and motorcycle
dealerships, but do not include dealerships for the sale of trucks with a gross
vehicle weight rating greater than 4000.0 kg (8818.5 lbs.), or the sale of
recreational vehicles with either a gross vehicle weight rating greater than 6000.0
kg (13,227.7 lbs.) or a length greater than 13.7 m (45.0 ft.);
(27)
"basement" means the portion of a building which is wholly or partially below
grade, having above grade no more than 1.8 m (5.9 ft.) of its clear height which
lies below the finished level of the floor directly above;
(28)
"bed and breakfast establishment" means a development within a dwelling
which possesses a dwelling unit, where temporary sleeping accommodations, up
to a maximum of four (4) bedrooms, with or without meals, are provided for
remuneration to members of the public;
(29)
"boarding and lodging house" means a development, with or without a dwelling
unit, where temporary sleeping accommodations of three (3) or more bedrooms,
with or without meals, are provided for remuneration to members of the public.
Boarding and lodging houses may include student co-operative housing, lodges
for senior citizens, but not group homes;
(30)
"building" means anything constructed or placed on, in, over, or under land but
does not include a highway or road or a bridge forming part of a highway or road;
(31)
"building area" means the greatest horizontal area of a building above grade
within the glassline of exterior walls, or within the glassline of exterior walls and
the centreline of fire walls;
(32)
"building height" means the vertical distance between building grade and the
highest point of a building; excluding an elevator housing, a mechanical skylight,
ventilating fan, chimney, steeple, fire wall, parapet wall, flagpole or similar
device not structurally essential to the building (see Figure 2);
6
Town of Viking Land Use Bylaw
Bylaw 2012-640
Figure 2: Building Height
(33)
"bus depot" means an extensive combination of bus stops in one location. A bus
depot may include a structure where buses stop to pick up and drop off
passengers. Bus depots are normally larger than a bus stop, which is usually
simply a place on the sidewalk, where buses can stop. A bus depot may be
intended as a terminal station for a number of routes, or as a transfer station where
the routes continue;
(34)
"business frontage" means
(a)
any side of a lot or building which abuts a road, or
(b)
in the case of individual business or tenants within a building, any
business which has separate access to a road;
7
Town of Viking Land Use Bylaw
Bylaw 2012-640
(35)
"business park" means an area designed to accommodate businesses and light
industry, with large numbers of companies all grouped together, usually on the
outskirts of a town;
(36)
"business support services establishment" means a development providing
support services to businesses. Business support services establishments are
characterized by one or more of the following features: the use of minor
mechanical equipment for printing, duplicating, binding or photographic
processing; the provision of office maintenance or custodial services; the
provision of office security; or the sale, rental, repair or servicing of office
equipment, furniture and machines. Business support services establishments
include printing establishments, film processing establishments, janitorial firms,
and office equipment sales and repair establishments;
(37)
"canopy" means a projection extending from the outside wall of a building
normally for the purpose of shielding a part of the building from the sun (see
Figure 3);
(38)
"cantilever" means the projection of habitable or liveable space outside the
foundation. Cantilevers include any floor space that a person can enter, such as
closets, cantilevered room space and bay windows;
(39)
"carport" means a roofed structure used for storing or parking not more than two
(2) vehicles and which has not less than forty percent (40%) of its total perimeter
open and unobstructed;
(40) "cemetery" means a development for the entombment of the deceased, which
may include the following accessory developments: crematories, cineraria,
columbaria, and mausoleums. Cemeteries may include memorial parks, burial
grounds and gardens of remembrance;
Canopy
Figure 3: Canopy Sign
8
Town of Viking Land Use Bylaw
Bylaw 2012-640
(41)
"chattel" means a movable item of personal property;
(42)
"collector road/street" means a roadway used primarily for collecting traffic
from local streets and channelling it to arterial streets;
(43)
"commercial use" means all retail and associated uses allowed in the commercial
districts;
(44)
"communication tower facility" means a structure that is intended for
transmitting or receiving television, radio, internet or telephone communications;
(45)
"community recreation service" means a development without fixed seats and
with an occupancy capacity of less than five hundred (500) persons, primarily
intended for local community purposes, where recreational, social, or multi-
purpose activities occur. Community recreation services include community
halls, community centres, and community league buildings operated by a local
residents' organization;
(46)
"confined feeding operation" means a confined feeding operation as defined in
the Agricultural Operation Practices Act;
(47)
"convenience retail store" means a development where goods required by area
residents or employees on a day to day basis are bought and sold. The gross
leasable area of a convenience retail store shall not exceed 275.0 sq. m (2,960.0
sq. ft.). Convenience retail stores include small food stores, drug stores, and
variety stores selling confectionary, tobacco, groceries, beverages, pharmaceutical
and person care items, hardware, and/or printed matter. If the sale of gasoline is
involved, such development must also be approved as gas bars;
(48)
"corner lot" means a lot which abuts two roads (except alleys as defined in the
Traffic Safety Act, R.S.A. 2000, as amended), which are perpendicular or nearly
perpendicular to each other where abutting the lot, but does not include a double
fronting lot (see Figure 4);
9
Town of Viking Land Use Bylaw
Bylaw 2012-640
Figure 4: Corner Lot
(49)
"corner site" means a part of a lot adjacent to two (2) separate roads or highways,
or a combination of them, or adjacent to a single road, lane or highway that curves
at an angle of sixty (60) degrees or more at the subject lot. The corner site shall
be the triangular area formed by the intersecting road or highway right-of-way
boundary lines and a straight line joining points on the road or highway lane right-
of-way boundary line a certain specified distance from their intersection (see
Figure 5);
Figure 5: Corner Site
(50)
"Council" means the Council of the Town of Viking;
10
Town of Viking Land Use Bylaw
Bylaw 2012-640
(51)
"coverage" means the combined area of all buildings or structures on a parcel of
land as a percentage of the "lot" area, measured at the level of the lowest storey
above grade, including all porches and verandas, open or covered, but excluding
open and enclosed terraces at grade, steps, cornices, eaves and similar projections;
(52)
"cultural facility" means a building used for programs or activities involving the
arts or other endeavours that encourage refinement or development of the mind;
(53)
"curb cut" means the lowering of a curb, sidewalk and/or boulevard to provide
vehicular and/or pedestrian access to a lot;
(54)
"day care facility" means a provincially licensed child care facility operated
from a building other than a residence, excepting where a one family dwelling has
been converted to a day care in which a dwelling unit or a basement suite might
be located on a separate level of the dwelling. A day care shall supply
supervision of a minimum of seven (7) children and a maximum of 80 children.
A minimum outside play space is required, to be calculated at 4.5 sq. m
x ½ the
capacity (e.g., a capacity of 20 children would require 45.0 sq. m
of play area (4.5
sq. m
x 20/2). Day care facilities include day care centres, day nurseries,
kindergartens, nursery school, and play schools and after school or baby-sitting
programmes which satisfy this definition. Day care facilities shall not include a
day home, a family care facility, a group care facility, or a school operated by a
School Division;
(55)
"day home" means a provincially licensed child care facility operated from a
residence supplying supervision of a maximum of six (6) children under the age
of eleven (11) years including any resident children. A day home shall supply an
outside play space that is both fenced and gated, and shall meet all fire regulations
and health regulations;
(56)
"deck" means any open structure attached to a building having a height greater
than 0.6 m (2.0 ft.) above grade, and thereby requiring stairs and railings as
outlined in regulations approved under the Alberta Building Code. A deck shall
not have walls higher than 1.2 m (3.9 ft.) or a roof;
(57)
"density" means a measure of the average number of persons or dwelling units
per unit of area;
(58)
"developer" means an owner, agent or any person, firm or company required to
obtain or having obtained a development permit;
(59)
"development" means:
(a)
an excavation or stockpile and the creation of either of them, or
(b)
a building or an addition to or replacement or repair of a building and the
construction or placing of any of them in, on, over or under land, or
11
Town of Viking Land Use Bylaw
Bylaw 2012-640
(c)
a change of use of land or a building or an act done in relation to land or a
building that results in or is likely to result in a change in the use of the
land or building, or
(d)
a change in the intensity of use of land or a building or an act done in
relation to land or a building that results in or is likely to result in a change
in the intensity of use of the land or building and includes:
(i)
any increase in the number of households occupying and living in
any building or on any lot, and any construction or alterations or
additions which would provide for an increase in the number of
households which could occupy and live in any building or on any
lot, including any increase in the number of dwelling units in a
building or on a lot; or
(e)
the placing of refuse or waste material on any land; or
(f)
the use of land for the storage or repair of motor vehicles or other
machinery or equipment; or
(g)
the continued use of land or of a building for any purpose for which it is
being used unlawfully when this Bylaw comes into effect; or
(h)
the demolition or removal of a building; or
(i)
the placement of an already constructed or a partially constructed building
on a parcel of land; or
(j)
the use of land for the parking of trailers, portable dwellings of any form,
skid shacks, or any other type of portable building whatsoever, whether or
not the same has been placed or affixed to the land in any way;
(k)
the clearing of vegetation; or
(l)
the removal of topsoil.
(60)
"Development Authority" means the Development Authority established by the
municipality's Development Authority Bylaw and appointed by Council;
(61)
"Development Authority Officer" means the Development Authority Officer
established by the municipality's Development Authority Bylaw and appointed by
Council;
(62)
"development permit" means a document issued pursuant to this Bylaw
authorizing a development;
(63)
"discontinued" means the time at which, in the opinion of the Development
Authority, substantial construction activity or use, whether conforming or not
conforming to this Bylaw, has ceased;
(64)
"discretionary use" means the use of land or a building provided for in this
Bylaw for which a development permit may be issued, with or without conditions,
upon an application having been made, at the discretion of the Development
Authority;
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Town of Viking Land Use Bylaw
Bylaw 2012-640
(65)
"domestic pet" means an animal which is normally kept inside a dwelling.
Domestic pets include, dogs, cats, parrots, and similar-sized animals, but do not
include livestock;
(66)
"double fronting lot" means a lot which abuts two roads (except alleys or lanes
as defined in the Traffic Safety Act, R.S.A. 2000, as amended), which are parallel
or nearly parallel where abutting the lot, but does not include a corner lot (see
Figure 6);
Figure 6: Double Fronting Lot
(67)
"drinking establishment" means a development possessing a Class A Minors
Prohibited liquor license, where the sale and consumption of liquor on site are
open to the public and where liquor is the primary source of business;
(68)
"drive-in business" means a development which serves customers travelling in
motor vehicles driven onto the site where such business is carried on, where
normally the customer either remains in the vehicle for service, or parks the
vehicle for a short period for the purpose of doing business at the premises.
Drive-in businesses include service stations, gas bars, drive-in restaurants, drive-
through vehicle service establishments such as lubrication shops, recycling
depots, and car washes;
(69)
"drive-in restaurant" means an eating and drinking establishment which is
designed as a drive-in business. Drive-in restaurants may have one or more of the
following features: car attendant services, drive through food pickup services, or
parking primarily intended to allow for the on-site consumption of food within a
motor vehicle;
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(70)
"duplex, up-down" means a dwelling unit that shares a common wall with
another dwelling unit, one above the other, with each dwelling unit having a
separate entrance;
(71)
"duplex, side-by-side" means a dwelling that contains two dwelling units, each
of which abuts or shares one side wall with another dwelling unit, whether or not
the other dwelling is on a separate lot, and where the remaining sides of the
dwelling are surrounded by open areas or property lines;
(72)
"dwelling" means any building used exclusively for human habitation and which
is supported on a permanent foundation or base extending below ground level.
Dwellings include: single detached dwellings, duplexes, ground-oriented multiple
unit dwellings (row housing), apartments, modular homes, and manufactured
homes, but do not include recreational vehicles or park models (see Figures 7-
11);
Examples of dwelling types
Row housing or Ground-
oriented multiple unit dwelling
means: a dwelling that is
comprised of individual dwelling
units, each of which abuts another
dwelling unit on the side, except
for the two dwelling units on the
end of the row. The end dwelling
units of a row of such dwelling
units are considered side-by-side
duplexes if they each have a side
yard.
Figure 7: Row Housing
Single detached dwelling"
means a dwelling consisting of
one dwelling unit, and, if the
provisions of this Bylaw allow, a
secondary suite. A single
detached dwelling is a dwelling
which is normally constructed on-
site. However, a single detached
dwelling may be constructed in
pieces off-site, with the pieces
being transported to the lot for
assembly on-site. A single
detached dwelling shall not
Figure 8: Single Detached Dwelling
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include a dwelling that would be
considered to be a manufactured
home.
A Duplex, side-by-side is a
dwelling that contains two
dwelling units. The dwelling
units abut or share one side wall
and the remaining sides of the
dwelling are adjacent to open
areas or property lines. The
dwelling units may be on
individual lots, or the entire
dwelling may be on one lot.
Figure 9: Duplex, side-by-side
A Duplex, up-down is a dwelling
that contains two dwelling units,
with one dwelling unit located
above the other dwelling unit.
Each dwelling unit will have a
separate entrance.
Figure 10: Duplex, up-down
A zero lot line dwelling is a
dwelling, usually a single
detached dwelling, that abuts one
side lot line of its lot, but does not
abut any other dwelling on an
adjoining lot.
Figure 11: Zero Lot Line Dwelling
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(73)
"dwelling unit" means a complete dwelling, a self-contained portion of a
dwelling, or a set or suite of rooms which contains sleeping, cooking, living and
separated or shared toilet facilities, intended for domestic use, and used or
intended to be used permanently or semi-permanently as a residence for one (1) a
household, and which, except for a secondary suite, is not separated from direct
access to the outside by another separate dwelling unit;
(74)
"eating and drinking establishment" means a development where food and/or
beverages are prepared and offered for sale to the public, for consumption within
the premises, at an accessory outdoor seating area on the lot, or off the lot, which
is not a drive-in restaurant. Eating and drinking establishments include
neighbourhood pubs, licensed restaurants, cafes, delicatessens, tea rooms, lunch
rooms, refreshment stands and take-out restaurants, but shall not include drive-in
restaurants. Eating and drinking establishments shall not contain within them an
entertainment establishment unless otherwise provided for in an approved
development permit;
(75)
"entertainment establishment" means a development where persons may be
entertained by music, theatre, or the like. An entertainment establishment includes
theatre, dancing or cabaret entertainment, whether recorded or live. An eating and
drinking establishment may contain within it an entertainment establishment, but only
if specifically provided for in an approved development permit. An adult
entertainment establishment is not considered an entertainment establishment for the
purposes of this bylaw;
(76)
"equipment rental establishment" means a development where tools,
appliances, recreation craft, office machines, furniture, light construction
equipment, or similar items are rented and serviced. Equipment rental
establishments do not include developments where motor vehicles or industrial
equipment are rented or serviced;
(77)
"equipment rental establishment, heavy" means a development where tools,
appliances, recreation craft, office machines, furniture, heavy construction
equipment, or similar items are rented and serviced. Heavy equipment rental
establishments include developments where motor vehicles or industrial
equipment are rented or serviced;
(78)
"excavation" means any breaking of ground, except common household
gardening and ground care;
(79)
"exhibition and convention facility" means a development which provides
permanent facilities for meetings, seminars and conventions; product and trade
fairs; carnivals and other exhibitions. Exhibition and convention facilities include
exhibition grounds and convention centres;
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(80)
"extended medical treatment facility" means a development which provides
room, board and surgical or other medical treatment for the sick, injured, or
infirm, and which may include out-patient services and accessory staff residences.
Extended medical treatment facilities include hospitals, nursing homes,
convalescent homes, isolation facilities, psychiatric hospitals, auxiliary hospitals,
health care centres and detoxification centres;
(81)
"exterior wall" means the outermost point of a building projection, including, but
not limited to, bay windows, oval windows, bow windows, chimneys and
verandas, but not including roof overhangs less than 0.6 m (2.0 ft.);
(82)
"farm equipment sales and service" means a lot, building or structure where the
business of selling, renting, leasing or servicing of new or used farm equipment
and machinery, or both, is conducted and may include the display, storage and
sale of such equipment; the servicing and repair of such equipment; the storage,
display and sale, renting or leasing of related accessories and products; and,
offices, show rooms and sales rooms.
(83)
"fence" means a vertical physical barrier constructed to try to reduce sound or
visual intrusion or to limit unauthorized access;
(84)
"fleet service" means a development which administers a number of vehicles
which deliver people, goods, or services, and where such vehicles are not
available for sale or long term lease. Fleet services may include the storage and
servicing of administered vehicles. Fleet services may include ambulance
services, taxi services, bus lines, messenger and courier services, but do not
include moving or cartage firms involving vehicles with a gross vehicle weight of
more than 3000.0 kg (6613.9 lbs.);
(85)
"floor area" means the total area of all floors of a building above grade within
the outside surface of exterior walls or within the glassline of exterior walls and
the centreline of fire walls, but not including the floor area of basements, attached
garages, sheds, open porches or breezeways, except that all basement suites and
all dwelling units in an apartment shall be included in the calculation of floor
area;
(86)
"foundation" means the lower portion of a building, usually concrete or
masonry, and includes the footings, which transfer the weight of and loads on a
building to the ground;
(87)
"fourplex" means a dwelling containing four (4) dwelling units arranged such
that each of the units is located both beside another unit, sharing a common wall
(as in a duplex), and either above or below another unit;
(88)
"front line" means the boundary line of a lot lying adjacent to a highway or road.
In the case of a corner lot, the shorter of the two boundary lines adjacent to the
highway or road shall be considered the front line. In the case of a double
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fronting lot, both boundary lines adjacent to the roads shall be considered front
lines;
(89)
"front yard" means a yard extending across the full width of a lot from the front
line to the nearest wall of the principal building situated on the lot, measured at
right angles to the front line. In the case of a curved front line, the front yard will
also form a curve;
(90)
"frontage" means the length of the front line. On double fronting lots, all front
lines shall be considered frontage;
(91)
"funeral service" means a development where the dead are prepared for burial or
cremation and where funeral services are held. Funeral services include funeral
homes and undertaking establishments;
(92)
"garage" means an accessory building or that part of a principal building which
is designed and/or used primarily for the storage of motor vehicles and includes a
carport;
(93)
"garage suite" means a self-contained dwelling located above a rear detached
garage which is accessory to a single family dwelling. Garage suites have an
entrance which is separated from the vehicle entrance to the rear detached garage,
either from a common indoor landing or directly from the exterior of the
structure;
(94)
"garden suite" means a temporary, portable detached dwelling unit, located on a
lot containing an existing single family dwelling;
(95)
"gas bar" means a development where gasoline, lubricating oils, and other
automotive fluids and automobile accessories are bought and sold. Gas bars do
not include facilities for the servicing or repairing of motor vehicles and do not
include service stations;
(96)
"general advertising" means advertising which relates to goods or services other
than those produced, offered for sale, or obtainable at the lot on which the sign is
displayed;
(97)
"general contractor service" means a development used for the provision of
building construction, landscaping, concrete, electrical, excavation, drilling,
heating, plumbing, paving, road construction, sewer or similar services of a
construction nature which require on-site storage space for materials, construction
equipment or vehicles normally associated with the contractor service. Any sales,
display, office or technical support service areas shall be accessory to the
principal use only;
(98)
"general retail establishment" means a general retail store development where
groceries, beverages, household goods, furniture, appliances, home improvement
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supplies, hardware, printed matter, confectionary, tobacco, pharmaceutical,
personal care items, automotive parts and accessories, electronic equipment,
recordings, office equipment, stationary, second hand goods, and similar goods
are bought, rented, and sold from within a building. Minor public services, such
as postal services and film processing depots may also be provided. General retail
establishments includes convenience retail stores but does not include warehouse
sales, or developments where gasoline, new or used motor vehicles, alcohol,
heavy agricultural and/or industrial equipment are sold or rented;
(99)
"government service" means a development where municipal, provincial, or
federal government services are provided directly to the public. Government
services do not include protective and emergency services, major and minor
utility services, and public education facilities. Government services may include
government administration offices, courthouses, postal distribution offices,
manpower and employment offices and social services offices;
(100) "grade" means the ground level adjacent to the exterior walls of a building. If the
ground is not entirely level, the grade shall be the average of the elevation of the
ground around the perimeter of the building;
(101) "greenhouse and plant nursery" means a development where bedding,
household and ornamental plants are raised, stored and sold, together with
incidental accessories such as garden equipment, and fertilizers and garden care
products;
(102) "gross floor area" means the total area of all floors which are fully enclosed of
all buildings including accessory buildings located on any parcel of land,
excluding the area of basement floors, EXCEPT THAT all dwelling units in
apartment buildings shall be included in the calculation of gross floor area. For
the purposes of this definition, all roofed areas with no walls and all walled areas
with no roof shall NOT be included in the calculation of gross floor areas;
(103) "gross leasable area" means the floor area of a building, plus the floor area
contained within the exterior of the basement walls, excluding the floor areas of
mechanical and utility rooms, public washrooms, stairwells, and elevators;
(104) "gross leasable floor area" means that portion of the floor area leased to a tenant
for his exclusive use and does not include any common areas such as an internal
mall, stairs, washrooms, etc. to be used by the complex as a whole;
(105) "ground floor area" means the total area of the first floor of a building above
grade within the outside surface of exterior walls or within the glassline of
exterior walls and the centreline of fire walls, including covered porches and
verandas, but excluding open decks, patios, and steps, cornices, eaves and similar
projections. Ground floor area shall include air wells, and all other space within a
building except inner or outer courts;
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(106) "ground-oriented multiple unit dwelling", also known as "row housing"
means a dwelling or a number of dwellings, each of which consists of at least
three (3) dwelling units, with each unit having direct access at grade to the
outside, but shall not mean "apartment";
(107) "group care facility" means a development which provides resident care services
to seven (7) or more individuals. These individuals may be handicapped, aged, or
disabled, and undergoing rehabilitation, and are provided services to meet their
needs. Group care facilities include supervised uses such as group homes (all
ages), halfway houses, resident schools, resident facilities, foster or boarding
homes, and psychiatric care facilities, but not major institutional care facilities
such as hospitals or group homes;
(108) "group home" means a development consisting of the use of a dwelling as a
facility which is authorized, licensed or certified by a public authority to provide
room and board for foster children or disabled persons, or for persons with
physical, mental, social, or behavioral problems and which may be for the
personal rehabilitation of its residents either through self-help or professional
care, guidance or supervision. The residential character of the development shall
be primary with the occupants living together as a single housekeeping group and
using cooking facilities shared in common. This does not include drug or alcohol
addiction treatment centres;
(109) "guest house" means a building which is used for human habitation, has not more
than one kitchen and is occupied by the owner and in which persons are
accommodated on a temporary basis;
(110) "half storey" means that part of any dwelling, wholly or partly within the
framing of the roof, where the habitable floor area is not more than seventy
percent (70%) of that of the ground floor;
(111) "hardsurfacing" means a durable ground surface constructed of cast-in-place
concrete, brick, concrete paving blocks, turfstone, stone, asphalt, or similar
materials (not including gravel and clay);
(112) "hazard lands" means lands which are or may be inappropriate for urban
development by reason of having inherent or natural environmental hazards such
as susceptibility to flood or erosion, poor drainage, organic soils, steep slopes or
any physical condition or limitation and which, if developed, may lead to the
deterioration or degradation of the environment or cause property damage or loss
of life;
(113) "health service" means a development where physical or mental health services
are provided on an out-patient basis. Such services may be of a preventative,
diagnostic, treatment, therapeutic, rehabilitative, or counselling nature. Health
services include medical, chiropractic, and dental offices, health clinics and
counselling services;
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(114) "highway" means a highway or proposed highway that is designated as a
highway pursuant to the Public Highways Development Act;
(115) "highway commercial use" means a development serving the travelling public
which relies on a highly visible location in proximity to a highway or a major
traffic thoroughfare. Highway commercial uses include restaurants, services
stations, gas bars, convenience retail stores, hotels, and motels;
(116) "home occupation, major" means a business, occupation, trade, profession, or
craft carried on by an occupant of a dwelling unit as a use secondary to the
residential use of the dwelling, and which does not change the character of the
building in which it is located or have any exterior evidence of such secondary
use other than a small sign as provided for in Section 8.12 of this Bylaw. A major
home occupation may have up to one (1) employee, other than those residing in
the dwelling unit working on site at any time. A major home occupation may also
have more than five (5) client visits per week, and a limited amount of outdoor
storage of goods. A major home occupation may include, but is not restricted to,
hairdressing and cutting, dressmaking, millinery and similar domestic crafts,
stamp and coin sales, music and/or dance instruction, minor repairs to household
equipment and tutoring. The distinctions between major home occupations and
minor home occupations are more fully described in Section 8.12 of this Bylaw;
(117) "home occupation, minor" means any business, occupation, trade, profession, or
craft carried on by an occupant of a dwelling unit as a use secondary to the
residential use of the dwelling, and which does not change the character of the
building in which it is located or have any exterior evidence of such secondary
use other than a small sign as provided for in Section 8.12 of this Bylaw. A
minor home occupation will have no employees, other than those residing in the
dwelling unit, and no more than five (5) client visits per week, and no outdoor
storage of any goods. A minor home occupation may include, but is not restricted
to, offices of accountants, doctors, business and professional consultants,
contractors, lawyers, bookkeepers, architects, catalogue sales, and minor repair
shops, but does not include any development that may, in the opinion of the
Development Authority, be considered to be a major home occupation. The
distinctions between minor home occupations and major home occupations are
more fully described in Section 8.12 of this Bylaw;
(118) "hotel" means a development where members of the travelling public are lodged
for brief periods of time, normally not exceeding seven (7) days, in rentable units,
where access to the rentable units is from a common entranceway. A hotel may
include minor and major eating and drinking establishments, meeting rooms,
personal services shops, convenience retail stores, and minor alcohol sales, but
shall not include any establishment where there is a dance floor larger than 5.0 sq.
m (55.0 sq. ft.) unless specifically approved by the Development Authority;
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(119) "household" means:
(a)
a person; or
(b)
two (2) or more persons related by blood, marriage, a common law
relationship, or adoption; or
(c)
a group of not more than five (5) persons who are not related by blood,
marriage, or adoption;
all living together as a single housekeeping group and using cooking facilities
shared in common. A household may also include bona fide servants, up to two
(2) boarders or lodgers, or up to four (4) foster children;
(120) "household repair service" means a development where goods, equipment and
appliances normally found within a dwelling unit may be repaired. Household
repair services include radio, television, appliance and electronics repair shops,
and furniture refinishing and upholstery shops, but not personal service shops.
Household repair services do not have any outdoor storage;
(121) " industrial use, heavy" means a development which would be considered to be
a light industrial use except that, in the opinion of the Development Authority, the
development may not be able to co-exist compatibly in proximity to other uses or
population concentrations due to: the potential for an adverse environmental
impact beyond the immediate site of the medium industrial use; the potential for
significant toxic or noxious by-products such as air or water-born emissions; or
the potential to emit significant noise, smoke, dust, odour, vibration, etc., which
may be offensive or hazardous to human health, safety or well-being. Heavy
Industrial uses also include: the storage of toxic, flammable or explosive products
in significant quantities; rendering plants, and alfalfa processing plants or large-
scale outdoor storage that is unsightly or visually offensive Heavy industrial uses
do not include heavy petro-chemical industry;
(122) "industrial use, light" means a development which, in the opinion of the
Development Authority, may be able to co-exist compatibly in proximity to other
uses or population concentrations. Light industry is usually less capital intensive
than heavy industry, and is more consumer-oriented than business-oriented. Light
industries require only a small amount of raw materials, area and power.
For further clarification it means where:
(a)
raw materials are processed, and/or
(b)
semi-finished or finished goods, products or equipment are manufactured
and/or assembled, and/or
(c)
materials, goods and equipment normally associated with industrial or
commercial business are cleaned, serviced, repaired, salvaged, and/or
tested, and/or
(d)
goods and equipment associated with personal or household use are
cleaned, serviced, and/or repaired, and/or
(e)
materials, goods and equipment are stored and/or transhipped, and/or
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(f)
materials, goods and equipment are distributed and/or sold to institutions
and/or industrial and commercial businesses for their direct use and/or to
general retail establishments and/or other retail establishments for resale to
individual customers, and/or
(g)
personnel are trained in general industrial operations,
in such a manner, in the opinion of the Development Authority, that an adverse
environmental impact is not created beyond the immediate site of the general
industrial use, which does not produce significant toxic or noxious by-products,
and which is compatible with other industrial and commercial uses in a
concentrated setting. General industrial uses include motor vehicle body and
paint shops, but do not include the preparation of food and/or beverages for direct
sale to the public.
Any indoor display, office, technical or administrative support areas or any retail
sale operations shall be accessory and subordinate to the general industrial use
activities identified above. The floor area devoted to such accessory activities
shall not exceed a total of thirty-three percent (33%) of the total floor area of the
building or buildings devoted to the general industrial use, except that this
restriction shall not apply where, in the opinion of the Development Authority, a
significant portion of the industrial activity naturally and normally takes place out
of doors.
(123) "industrial use, medium" means a development which would be considered to
be a light industrial use except that, in the opinion of the Development Authority,
the development may not be able to co-exist compatibly in proximity to other uses
or population concentrations due to: the potential for an adverse environmental
impact beyond the immediate site of the medium industrial use; the potential for
significant toxic or noxious by-products such as air or water-born emissions
which may be offensive or hazardous to human health, safety or well-being; the
storage of toxic, flammable or explosive products in significant quantities; or
large-scale outdoor storage that is unsightly or visually offensive. Medium
industrial uses may include rendering plants, and alfalfa processing plants;
(124) "industrial vehicle and equipment sales/rentals establishment" means a
development where new or used heavy vehicles, machinery or mechanical
equipment typically used in building, roadway, pipeline, oilfield, and mining
construction, manufacturing, assembling, and processing operations and/or
agricultural operations are sold or rented, together with incidental maintenance
services and sale of parts. Industrial vehicle and equipment sales/rental
establishments do not include truck and recreational vehicle sales/rental
establishments or automotive and minor recreational vehicles sales/rental
establishments;
(125) "in-law suite" means an additional dwelling unit intended for the sole occupancy
of one (1) or two (2) persons. The floor area of the attached in-law suite shall not
exceed 30 percent of the existing living area of the primary residence;
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(126) "institutional use" means a development of governmental, religious, social,
health care, or cultural facilities serving the municipality, area, or region.
Institutional uses include public and private schools, hospitals, nursing homes,
senior citizen lodges, detoxification centres, and remand and correction centres;
(127) "internal lot" means a lot which is bordered by only one (1) road or highway;
(128) "kennel" means any building in which more than four (4) dogs are maintained,
boarded, bred, trained, cared for, or kept on the lot on which the kennel is located
and the animals are kept or cared for;
(129) "landfill" means a disposal site employing an engineering method of disposing of
solid wastes in a manner that minimizes environmental hazards. A landfill shall
be owned by either a municipal corporation or by a municipally-owned
corporation;
(130) "landscaping" means lawns, trees, shrubs, ornamental plantings, fences, walks,
or other structures and materials used in modern landscape architecture;
(131) "lane" means a right-of-way on which motorized vehicles are normally allowed
to operate, which is 7.6 m (25.0 ft.) in width, or an alley as defined in the Traffic
Safety Act, as amended;
(132) "leading wall" means the outermost part of a wall, including any bay window or
cantilevered section of wall, the outer wall of a fireplace chase, etc.;
(133) "libraries and cultural exhibits" means a development where literary, artistic,
municipal and/or similar reference materials in the form of books, manuscripts,
recordings and films are stored, collected, and distributed for public use, viewing,
or enjoyment; or a development where works or objects of historical, scientific or
artistic value are collected, preserved and exhibited to the public. Libraries and
cultural exhibits include libraries, archives, museums, and art galleries;
(134) "light industrial use" please refer to "industrial use, light"
(135) "limited contractor service" means a development where electrical, plumbing,
heating, painting and similar contractor services are provided, primarily to
individual households, and where goods normally associated with the contractor
service may be sold, where all materials are kept within an enclosed building, and
there are no accessory manufacturing activities or fleet storage of more than four
(4) vehicles;
(136) "liquor store" means an establishment or that part of an establishment possessing
a Class D liquor license which is used for the retail sales of any and all types of
alcoholic beverages to the public for consumption off premises. This use may
include as well as the sale of alcohol the retail sales of related products such as
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soft drinks and snack foods;
(137) "livestock" means livestock as defined in the Agricultural Operation Practices
Act. This includes, but is not limited to poultry, horses, cattle, sheep, swine,
goats, bison, and fur-bearing animals;
(138) "living area" means the developed area within a dwelling often measured by
exterior walls but does not include basement, garage or carport, patio, or atrium
(139) "lot" means:
(a)
a quarter section, or
(b)
a part of a parcel of land described in a certificate of title if the boundaries
of the part are separately described in the certificate of title other than by
reference to a legal subdivision, or
(c)
a part of a parcel of land described in a certificate of title if the boundaries
of the part are described in a certificate of title by reference to a plan of
subdivision;
For the purposes of this Bylaw, a unit on a Bare Land Condominium as defined in
the Condominium Property Act shall be considered to be a lot.
(140) "lot area" means the total area of a lot;
(141) "lot boundaries" means the boundaries of a lot which enclose the lot at its
perimeter;
(142) "lot coverage" means the sum of the ground floor areas of all buildings on a lot;
(143) "lot depth" means the average horizontal distance between the front and rear
lines of a lot measured either perpendicular to the front line, or perpendicular to
the tangent on a curve from the midpoint of a curved front line;
(144) "lot width" unless otherwise defined in this Bylaw, means the average horizontal
distance between the side lines or, where the lot width would be shorter, the
distance between the side lines at either the minimum required front yard distance
or the minimum required rear yard distance, whichever distance is the shorter,
measured parallel to the front line or at right angles to the tangent on a curve from
the midpoint of a curved front line;
(145) "main building" means a building in which is conducted the main or principle
use of the parcel of land on which it is erected;
(146) "maintenance" means the upkeep of the physical form of any building, which
upkeep does not require a permit pursuant to the Safety Codes Act. Maintenance
will include painting, replacing flooring, replacing roofing materials, and repair of
any facility related to a development, but will not include any activity that will
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change the habitable floor area of any dwelling unit or the internal volume of any
building;
(147) "manufactured home" means a dwelling that conforms to the Canadian
Standards Association Z-240 Series certified standards in place at the time of
manufacture, that is designed to normally be transported in its entirety on its own
wheels or by other means, and upon arriving at the site for location is, apart from
incidental operations such as placement of foundation supports and connections of
utilities, ready for year round use as a single dwelling unit. This definition shall
not include a dwelling that would be considered to be a single family dwelling or
a modular home if the roof pitch were equal to or greater than 1:4, if the depth of
eaves were equal to or greater than 45.6 cm (1.5 ft.), or if the ratio of depth vs.
width (or width vs. depth) of the building, less any appurtenances constructed as
attachments thereto, were less than 2.5:1. If the roof pitch is less than 1:4, if the
eaves is less than 30.4 cm (1.0 ft.), or if the ratio noted above is more than 3:1, the
building shall be considered to be a manufactured home.
(148) "manufactured home park" means any lot on which two (2) or more occupied
manufactured homes are harboured or are permitted to be harboured without regard to
whether a fee or charge is paid or made and shall include any building, structure, tent,
vehicle or enclosure used or intended for use as a part of the equipment of such
manufactured home park. Manufactured home parks must comply with relevant
government regulations governing manufactured home parks, and shall include any
accessory use or accessory building intended for the maintenance of the park and/or
as an amenity area;
(149) "manufactured home subdivision" means an area which is subdivided by a
registered plan into individual lots;
(150) "manure storage facility" means a manure storage facility as defined in the
Agricultural Operation Practices Act;
(151) "may" is an operative word meaning a choice is available with no particular
direction or guidance intended;
(152) "minor repair shop" means a development where small-scale products and
appliances are repaired or reconditioned and where no outdoor storage exists;
(153) "mixed use" means a development that combines residential, commercial, and/or
office uses into one development or building. For example, a mixed-use building
could have several floors. On the bottom floor, the space could be dedicated to
retail or offices while the upper floors could be dedicated to residential uses;
(154) "modular home" means a dwelling conforming to the Canadian Standards
Association A-277 Series certified standards in place at the time of manufacture,
that is designed to be transported to the building site in a single piece or in pieces
and assembled on-site on top of a site-constructed basement or foundation but
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does not include a dwelling that would be considered to be a manufactured home;
(155) "motel" means a development where members of the travelling public are lodged
for brief periods of time, normally not exceeding seven (7) days, in rentable units,
and where access to each of the rentable units is individually available from
grade, either at grade or via stairways. A motel may include minor eating and
drinking establishments and convenience retail stores, but shall not include minor
or major alcohol sales, or an establishment where there is a dance floor;
(156) "multi-use development" means a development with planned integration of
some combination of retail, office, residential, hotel, recreation or other functions.
It is pedestrian-oriented and contains elements of a live-work-play environment. It
maximizes space usage, has amenities and architectural expression and tends to
mitigate traffic and sprawl.
(157) "municipality" means the Town of Viking;
(158) "natural area" means an area of land and/or water especially dedicated to the
protection and maintenance of biological diversity, and of natural and associated
cultural resources, and managed through legal or other effective means. Areas
such as groomed parks, recreational areas for sports, and schoolyards are not
included in this definition.
(159) "natural resource extraction industry" means an industry engaged in the
extraction of natural resources such as clay, sand, gravel and natural gas, and
which may include the processing of these through primary treatment into a raw
marketable form;
(160) "neighbourhood convenience store" - means a retail store where those goods
required by area residents or employees on a day-to-day basis are the predominant
product offered for sale. Typical uses include small food stores, drug stores and
variety stores selling confections, tobacco, groceries, beverages, pharmaceutical
and personal care items and/or printed matter;
(161) "non-conforming building" means a building:
(a)
that is lawfully constructed or lawfully under construction at the date a
land use bylaw or any amendment thereof affecting the building or the
land on which the building is situated becomes effective, and
(b)
that on the date the land use bylaw becomes effective does not, or when
constructed will not, comply with the land use bylaw;
(162) "non-conforming use" means a lawful specific use:
(a)
being made of land or a building or intended to be made of a building
lawfully under construction at the date a land use bylaw affecting the land
or building becomes effective, and
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(b)
that on the date the land use bylaw becomes effective does not, or in the
case of a building under construction will not, comply with the land use
bylaw;
(163) "nuisance" means any act or deed, or omission, or thing, which is or could
reasonably be expected to be troublesome, or destructive or harmful, or
inconvenient, or injurious to another person and/or their property, or anything
troublesome or bothersome to other people for which complaints are received
either by the Town of Viking municipal office or the Royal Canadian Mounted
Police, whether or not such act or deed or omission or thing constitutes nuisance
at common law;
(164) "obnoxious" means, when used with reference to a development, a use which by
its nature, or from the manner of carrying on the same, may, in the opinion of the
Development Authority, create noise, vibration, smoke, dust or other particulate
matter, odour, toxic or non-toxic matter, radiation, fire, or explosion hazard, heat,
humidity, glare, or unsightly storage of goods, materials, salvage, junk, waste or
other materials, a condition which may be or may become a nuisance, or which
adversely affects the amenities of the neighbourhood, or interferes with or may
interfere with the normal enjoyment of any land or building;
(165) "occupancy" means the use or intended use of a building or part thereof for the
shelter or support of persons or property;
(166) "occupant" means any person occupying or having control over the condition of
any property and the activities conducted on any property, be such person the
owner, lessee, tenant or agent of the owner or whether such person resided
thereon or conducts a business thereon;
(167) "off-grid" refers to a stand-alone power generating system not connected to or in
any way dependent on the utility grid;
(168) "off-site sign" means a sign that advertises goods, products, services or facilities
located on a site which is in a different location from where the sign is located or
which directs persons to a different site;
(169) "off-street parking lot" means a parking area which is located on a parcel of
land and not accessory to a particular use or development;
(170) "offensive" or "objectionable" means, when used with reference to a
development, a use which by its nature, or from the manner of carrying on the
same, creates or is liable to create by reason of noise; vibration; smoke; dust or
other particulate matter; odour; toxic or non-toxic matter; radiation; fire or
explosion hazard; heat; humidity; glare; or unsightly storage of goods, materials,
salvage, junk, waste or other materials, a condition which, in the opinion of the
Development Authority, may be or become hazardous or injurious as regards
health or safety, or which adversely affects the amenities of the neighbourhood, or
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interferes with or may interfere with the normal enjoyment of any land, building
or structure;
(171) "office use" means a development primarily used for the provision of
professional, management, administrative, consulting or financial services, but
does not include health services. Uses include the offices of lawyers, accountants,
engineers, and architects; offices for real estate and insurance firms; clerical,
secretarial, employment, and similar office support services; banks, credit unions,
loan offices and similar financial services, and the offices of governments or
government agencies;
(172) "outdoor storage" means a development where, in the opinion of the
Development Authority, goods, materials, or equipment are or may be placed
outside of a building on a more or less permanent or continuous basis;
(173) "owner" means:
(a)
in the case of land owned by the Crown in right of Alberta or the Crown in
right of Canada, the Minister of the Crown having the administration of
the land, or
(b)
in the case of any other land, the person shown as the owner of a parcel of
land on the municipality's assessment roll prepared under the Act;
(174) "parcel of land" 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;
(175) "parking lot" or "parking area" means the area set aside for the parking of
vehicles. Components of parking areas include parking spaces, loading spaces,
aisles, entrances and exits to the parking area, and traffic islands where they are
part of the parking area. A parking area may be within a building, and, if so, is
commonly referred to as a parkade;
(176) "parking space" means an area set aside for the parking of one (1) vehicle;
(177) "park model" means a temporary or recreational unit. There are currently two
(2) types of park models which are recognized by the Industry. They are:
(a)
Park Model Trailer 102 is a unit designed to be towed by a heavy-duty
tow vehicle (auto, van, pick-up truck, etc.) but is of restricted size and
weight so that it does not require a special highway movement permit.
The maximum width when being towed is 2.6 m (8.5 ft.). These units are
designed for infrequent towing, and are not fitted with a 12-volt system for
fixtures and appliances. Once on site in the set-up mode it must be
connected to the local utilities.
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This style of recreational vehicle is built on a single chassis mounted on
wheels. It usually has one or more slide-outs, but when in set-up mode the
gross trailer area does not exceed 37.2 sq. m (400 sq. ft.). It conforms to
the CSA Z-240 Standard for recreational vehicles.
(b)
Park Model Recreational Unit is built on a single chassis mounted on
wheels, which may be removed and returned to the factory. The unit is
designed to facilitate occasional relocation, with living quarters for a
temporary residence or seasonal use, and must be connected to those
utilities necessary for the operation of installed fixtures and appliances.
It has a gross floor area, including lofts, not exceeding 50.0 sq. m
(approximately 540.0 sq. ft.) in the set-up mode and has a width greater
than 2.6 m (8.5 ft.) in the transit mode.
All Park Model units require a special tow vehicle and a special permit to move
on the road as the width of the unit is greater than 2.6 m (8.5 ft.). They conform
to the CSA Z-241 Standard for recreational vehicles;
(178) "parking area" means the area set aside for the storage and/or parking of
vehicles. Components of parking areas include parking spaces, loading spaces,
aisles, entrances and exits to the parking area, and traffic islands where they are
part of the parking area. A parking area may be within a building, and, if so, is
commonly referred to as a parkade;
(179) "parking space" means an area set aside for the parking of one (1) vehicle;
(180) "patio" means any developed surface adjacent to a building on a lot which is less
than 0.6 m (2.0 ft.) above ground level;
(181) "permitted use" means the use of land or a building provided for in this Bylaw
for which a development permit shall be issued, with or without conditions, upon
an application having been made, provided that all of the regulations of this
Bylaw are satisfied and all of the considerations and requirements of the
Development Authority are or will be met;
(182) "personal service shop" means a development where personal services related to
the care and appearance of the body, or the cleaning and repair of personal effects
are provided to persons. Personal service shops include barbershops, hairdressers,
beauty salons, tailors, dressmakers, shoe repair shops, dry cleaning
establishments, and laundromats, but not health services;
(183) "place of worship" means a development where worship and related religious,
philanthropic, and social activities occur. Accessory developments include
rectories, manses, classrooms, and dormitories. Places of worship include
churches, chapels, mosques, temples, synagogues, parish halls, convents and
monasteries;
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(184) "post secondary school" means a school that provides tertiary education. Post
secondary is the educational level following the completion of a school providing
a secondary education, such as a high school, secondary school or university-
preparatory school. Post secondary schools include schools which provide
undergraduate and postgraduate education;
(185) "principal building" means a building in which is conducted the principal use of
the lot on which it is erected;
(186) "principal use" means the primary purpose or purposes for which a building or
lot is used;
(187) "private club" means a development used for the meeting, social or recreational
activities of members of a non-profit philanthropic, social service, athletic,
business or fraternal organization, with neither on-site dwellings nor hotel or
motel rentable units. Private clubs may include eating and drinking
establishments and rooms for assembly;
(188) "project" when used as a noun means a development comprising one or more
buildings or uses;
(189) "protective and emergency service" means a development where the
administration of the protection of persons and property from injury, harm or
damage takes place, and where the equipment necessary for such activities is
stored, maintained, and supplied. Protective and emergency services include:
ambulance service, police stations, detention centres, fire stations, and ancillary
training facilities;
(190) "public education facility" means a development where educational, training, or
instruction occurs under the auspices of a School Division or under the auspices
of an organization authorized by the Province to provide education similar to that
which would be provided by a School Division. Public education facilities
include the administration offices, storage, and maintenance operations of the
School Division. Public education facilities include public and separate schools,
community colleges, universities, technical and vocational schools, and private
academies or "charter schools", and their administrative offices and maintenance
facilities;
(191) "public park" means a development designed or reserved for active or passive
recreational use, including all natural and man-made open space and landscaping,
facilities, playing fields, and buildings that are consistent with the general
purposes of recreation, whether or not such recreational facilities are public
operated or operated by other organizations pursuant to arrangements with the
public authority owning the public park. Public parks include tot lots, band shells,
picnic grounds, pedestrian trails and paths, landscaped buffers, playgrounds,
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water features, baseball diamonds, football fields, soccer pitches, outdoor skating
rinks, "skate" parks and similar outdoor sports fields;
(192) "public use" means a development where public services are provided by the
municipality, by any local board or agency of the municipality, by any
department, commission or agency of the Government of Alberta or of Canada, or
by any public utility. However, public uses shall not include office uses,
protective and emergency services, and major and minor utility services;
(193) "public utility" means a public utility, as defined in the Act;
(194) "public utility building" means a building in which the proprietor of the public
utility maintains it office or offices and/or maintains or houses any equipment
used in conjunction with the public utility;
(195) "public or quasi-public use" means a development which is used by the public
for the purposes of assembly, instruction, or culture, or providing government
services directly to the public. It includes government buildings, places of
worship, community halls, and recreation facilities which are owned or operated
in conjunction with the municipality. Buildings containing public or quasi-public
uses may also contain facilities for eating and drinking establishments as an
accessory use and, from time to time, part of a building containing public or
quasi-public uses may be used as an entertainment establishment;
(196) "rear line" means the boundary line of a lot lying opposite to the front line of the
lot and/or farthest from a highway or road;
(197) "rear yard" means a yard extending across the full width of a lot from the rear
line to the nearest exterior wall of the principal building situated on the lot,
measured at right angles to the rear line. In the case of a curved rear line, the rear
yard will also form a curve;
(198) "recreation, active" means a mix of uses in a neighborhood park that includes
the following facilities or facility types: athletic fields, building or structures for
recreational activities, concession, community garden, courses or courts,
children's play area, dog play area, or a bike path;
(199) "recreation, passive" means a mix of uses in a neighborhood park, undeveloped
land or minimally improved lands which includes the following: landscaped area,
natural area, non-landscaped green space, stairway, decorative fountain, picnic
area, water body, or trail without recreational staffing which does not significantly
impact natural, cultural or agricultural values;
(200) "recreational facility" means a development for sports and active recreation
within an enclosed building. Recreational facilities include bowling alleys, ice
arenas, curling rinks, and swimming pools;
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(201) "recreational trailer park" means a development which is designed for or
intended to be used for the temporary location of more than one recreational
vehicle;
(202) "recreational use" means a recreational development conducted on a unified
basis on a single site where the prime reason for location is to take advantage of
natural physical features including the availability of large areas of land to
provide day-to-day sporting and athletic facilities and the structures incidental
thereto. This includes ski slopes, golf courses, archery, trap and rifle ranges, race
tracks, boating, riding, swimming, picnicking, community halls, skating and
curling rinks, drop-in centres, and sports grounds, and similar uses, and may
include a refreshment stand incidental to the primary use;
(203) "recreational vehicle" means a vehicle type unit primarily designed as temporary
living quarters for recreational camping or travel use, which either has its own
motor power or is mounted or drawn by another vehicle, and shall also include
vehicles used for recreation such as trikes, ski-doos, and boats;
(204) "recreational vehicle campground" means a development consisting of stalls or
sites for the location of more than three (3) recreational vehicles, for more than
four (4) consecutive days and not more than 20 days in a year;
(205) "recreational vehicle campground, seasonal" means a development consisting
of stalls or sites for the location of more than three (3) recreational vehicles, for a
minimum of four (4) consecutive days and normally for no longer than an entire
season;
(206) "recreational vehicle campground, workcamp" means a development
consisting of stalls or sites for the location of more than three (3) recreational
vehicles, used to house camp workers by various contracting firms on a temporary
basis. The units may be dismantled and removed from the site from time to time.
(207) "recreational vehicle storage" means a commercial development which provides
fenced or indoor, secure, onsite storage of more than three (3) recreational
vehicles such as R.V.' s boats and ATV's.
(208) "recycling depot" means a development where bottles, cans, newspapers,
cardboard, plastics and similar non-hazardous household goods are bought, sold,
and temporarily stored for reuse and where all storage is contained within an
enclosed building or an enclosed compound;
(209) "re-located building" means a building that was constructed off site in one piece
or in pieces and relocated to another site but does not include manufactured or
modular homes;
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(210) "renovation" means an addition to, deletion from, or change to any building
which does not require a permit pursuant to the Safety Codes Act other than a
plumbing permit or an electrical permit;
(211) "rentable unit" means a separate unit of a hotel or motel used or intended to be
used for the temporary accommodation of one or more persons;
(212) "road" means a right-of-way on which motorized vehicles are normally allowed
to operate, or a road as defined in the Act and includes a highway, but does not
include a lane;
(213) "roof" means the top of any enclosure, above or within the vertical walls of a
building;
(214) "rowhousing" means a dwelling that is comprised of individual dwelling units,
each of which abuts another dwelling unit on the side, except for the two dwelling
units on the end of the row. The end dwelling units of a row of such dwelling
units are considered side-by-side duplexes if they each have a side yard.
(215) "sea can" means a pre-built metal container or structure originally designed
and/or constructed for the purpose of cargo storage (see Figure 12);
Figure 12: Sea Can
(216) "secondary commercial" means a general commercial use, which is subordinate
in nature to the main use of parcel. A secondary commercial use is not limited to
uses, which are similar to the main use of the parcel;
(217) "secondary suite" means a subordinate self-contained dwelling unit, located
within a single detached house which has separate cooking, sleeping and bathing
facilities. Secondary suites must have a separate entrance from the single
detached house, either from a common indoor landing or directly from the
exterior of the house. They include the conversion of basement space to a
dwelling unit, or the addition of new floor space to an existing single detached
house to create an additional dwelling unit. Secondary suites do not include
housing that was initially designed for two or more dwellings such as duplex
housing, apartment housing, or boarding and lodging housing. Garden suites,
garage suites and in-laws suites are not considered secondary suites;
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(218) "self-service storage facility" means a development where varying sizes of
individual, compartmentalized, and controlled access lockers are provided within
a fenced compound or within a building for the storage of a customer's goods or
wares. The maximum height of lockers shall be 3.0 m (9.8 ft.). Self-service
storage facilities do not include any outdoor storage;
(219) "seniors citizens apartment building" means apartment style housing
specifically designed to meet the needs of senior citizens. Senior citizens
apartments include both age inclusive and age exclusive retirement communities
which offer a broad variety of activities to residents as well as independent living
communities where adult residents maintain an independent lifestyle. Some
independent living communities include subsidized housing that offers rental
assistance from the federal government;
(220) "senior citizens home" means a facility for the care of older persons who do not
require hospitalization and who cannot be cared for at home. Senior citizens
homes include supportive living and continuing care facilities;
(221) "service station" means a development where gasoline, lubricating oils, and
other automotive fluids and accessories for motor vehicles are bought and sold.
Service stations may also include facilities for the servicing or repairing of motor
vehicles, and a towing service dispatch point, but not including body repair or
paint shops;
(222) "setback" means the minimum horizontal distance between a lot boundary and
the nearest point on the exterior wall of a building on the lot (see Figure 13 and
Figure 14 for illustrations of setbacks from a roadway);
Figure 13: Setback Example A
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Figure 14: Setback Example B
(223) "shall" is an operative word, which means the action is obligatory;
(224) "shopping centre" means a development consisting of a building or a group of
buildings, comprising general retail stores, personal service shops, office uses,
and similar uses, with shared off-street parking facilities, and which may be
managed as a single unit and located on one or more lots;
(225) "should" means that in order to achieve local goals and objectives it is strongly
advised that action be taken;
(226) "show home" means a dwelling unit which is used temporarily for the purpose of
illustrating to the public the type and character of dwelling units to be constructed
in other parts of a neighbourhood or development in which the show home is
located. Show homes may contain offices for the sale of other lots or dwelling
units in the municipality and must be located within a dwelling which is either a
permitted or a discretionary use in the District in which they are located;
(227) "side line" means the boundary line of a lot lying between a front line and a rear
line of a the lot. In the case of a corner lot, the longer of the two boundary lines
adjacent to the highway or road shall be considered a side line;
(228) "side yard" means a yard extending from the side line to the nearest exterior wall
of the principal building situated on the lot, and lying between the front and rear
yards on the lot, measured at right angles to the side line. In the case of a curved
side line, the side yard will also form a curve;
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(229) "sidewalk café" means a temporary outdoor area located and maintained on the
sidewalk of a commercial street by an adjoining restaurant for the sale of food and
beverages;
(230) "sign" means any visual medium, including its structure and other component
parts, illuminated or not illuminated, which is used or capable of being used, on a
permanent or temporary basis, to identify or convey information, or to advertise or
to attract attention to a product, service, place, activity, person, institution or
business. Without limiting the generality of the foregoing, signs may include
banners, placards, and painted messages, but not national flags, interior window
displays of merchandise, or signs painted on or attached to a motor vehicle
intended for use on a highway or road;
(231) "sign, canopy" means a sign which is part of or attached to the outside edge of a
canopy but which does not extend below the bottom edge or surface of the canopy
(see Figure 15);
Figure 15: Canopy Sign
(232) "sign, fascia" means a sign attached to or placed flat and parallel against an
exterior vertical surface of a building, and projects no more than 0.3 m (0.98 ft.)
from the surface of the building, and does not project above the roof or parapet
(see Figure 16);
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Figure 16: Fascia Sign
(233) "sign, freestanding" means a sign supported by one or more uprights, braces or
pylons, and stands independently of another structure (see Figure 17);
Figure 17: Freestanding Sign
(234) "sign, inflatable" means a sign made of flexible material or fabric that is made to
take on a three-dimensional shape (to blow up like a balloon) when filled with a
sufficient volume of air or gas. Commonly used as a temporary sign for special
events or promotions (see Figure 18);
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Figure 18: Inflatable Sign
(235) "sign, off site" means a sign that advertises goods, products, services or facilities
not available on the lot where the sign is located, and which may also direct
persons to another location;
(236) "sign, projecting" means a sign which is attached to a building or structure so
that part of the sign projects more than 0.3 m (1.0 ft.) from the face of the building
or structure. This does not include a sign attached to the ground (see Figure 19);
Figure 19: Projecting Sign
(237) "sign, roof" means a sign erected upon, against or directly above the roof of a
building or the top of a parapet wall (see Figure 20);
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Figure 20: Roof Sign
(238) "sign, temporary/portable" - means a sign on a standard or column fixed to its
own self-contained base and capable of being moved manually (see Figure 21);
Figure 21: Temporary/Portable Sign
(239) "sign, under canopy" means a sign which is attached to the bottom surface or
edge of a canopy;
(240) "similar use" means a use which, in the opinion of the Development Authority,
closely resembles another specified use with respect to the type of activity,
structure and its compatibility with the surrounding environment;
(241) "single family dwelling" means a dwelling consisting of one (1) dwelling unit,
and, if the provisions of this Bylaw allow, a secondary suite. A single family
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dwelling is a dwelling which is normally constructed on-site. However, a single
family dwelling may be constructed in pieces off-site, with the pieces being
transported to the lot for assembly on-site. A single family dwelling shall not
include a dwelling that would otherwise be considered to be a manufactured home
if the roof pitch were less than 1:4, if the depth of eaves were less than 45.6 cm
(18 inches), or if the ratio of depth vs. width (or width vs. depth), not including
any appurtenances constructed as attachments thereto, were more than 2.5:1. If
the roof pitch is equal to or more than 1:4, if the eaves is more than 45.6 cm (18
in.), and if the ratio noted above is less than 2.5:1, the dwelling shall be
considered to be a single family dwelling;
(242) "site" means a lot, a part of a lot, or a number of abutting lots or parts of lots
which are considered for a single use or a mixture of uses, which is owned or
managed as a single unit;
(243) "site area" means the total area of a site;
(244) "site boundaries" means the boundaries of a site which enclose the site at its
perimeter;
(245) "site built" means a building that is constructed primarily on its lot. Although
some components may be prefabricated off-site, the building is erected, framed,
and finished by workers on location using stock materials;
(246) "site coverage" means the sum of the ground floor areas of all buildings on a
site;
(247) "site depth" means the average horizontal distance between the front and rear
lines of a site measured either perpendicular to the front line, or perpendicular to
the tangent on a curve from the midpoint of a curved front line;
(248) "site width", unless otherwise defined in this Bylaw, means the average
horizontal distance between the side lines or, where the site width would be
shorter, the distance between the side lines at either the minimum required front
yard distance or the minimum required rear yard distance, whichever distance is
the shorter, measured parallel to the front line or at right angles to the tangent on a
curve from the midpoint of a curved front line;
(249) "small animal breeding and boarding establishment" means a development
where domestic pets are bred, boarded, or trained. Small animal breeding and
boarding establishments include kennels but do not include animal hospitals or
veterinary clinics;
(250) "small radio communication facility" means an outdoor structure designed and
constructed to support one (1) or more transmitting or receiving devices for
telephone, radio or any similar wireless communication facilities for purposes of
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private recreation, the non-commercial exchange of messages, self-training, and
emergency communication.
(251) "solar array" means multiple solar panels use in conjunction to produce
electricity.
(252) "solar energy collection system, small" is a small scale energy collection
system that is designed to collect heat by absorbing sunlight. The term is applied
to solar hot water panels, but may also be used to denote more complex
installations such as solar parabolic, solar trough and solar towers or simpler
installations such as solar air heat.
(253) "solar panel, free standing" means a device which is used to convert energy
contained within the suns rays into electricity, which is not mounted or attached to
any other structure for support.
(254) "solar panel, roof mounted" means a device which is used to convert energy
contained within the suns rays into electricity, which is located, mounted, or
attached to the roof of a structure.
(255) "stall" means an area of land upon which a manufactured home is to be located
within a manufactured home park, and which is reserved for the exclusive use of
the residents of that particular manufactured home;
(256) "storey" means that portion of a building which is situated between the top of any
floor and the top of the floor next above it. If there is no floor above, the storey is
the portion of the building which is situated between the top of any floor and the
roof above it;
(257) "structural alterations" means the addition to, deletion from, or change to any
building which requires a permit other than a plumbing permit or an electrical
permit pursuant to the Safety Codes Act;
(258) "Subdivision and Development Appeal Board" means the Subdivision and
Development Appeal Board established by the municipality's Subdivision and
Development Appeal Board Bylaw and appointed by Council;
(259) "Subdivision Authority" means the Subdivision Authority established pursuant
to the Act through the municipality's Subdivision Authority Bylaw;
(260) "substandard lot" means any lot which is smaller, in area or in any dimension,
than the minimum area or dimension stipulated in the regulations of the District in
which the lot is located;
(261) "surveillance suite" means a dwelling unit used to accommodate a person or
persons whose function is to provide surveillance for the maintenance and safety
of the development;
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(262) "temporary building" means a building that has been allowed to be located
and/or used for a limited time only. Temporary buildings include construction
shacks used for administrative and/or storage purposes during construction of a
large-scale development;
(263) "temporary use" means a use that has been allowed to be located and/or operate
for a limited time only. Temporary uses include pipe, vehicle, or heavy
equipment storage compounds, or special events such as circuses, carnivals and
rodeos;
(264) "tented structure" means a building that uses masts or poles and tensile
membrane (e.g., fabric or animal skin) to create an enclosure. Portable garages
and reception tents are examples of tented structures;
(265) "tie down" means an apparatus which firmly secures a manufactured home to the
ground. This apparatus usually consists of steel cables attached to the
manufactured home and concrete pylons strategically placed on the
accommodating site;
(266) "Town" means the Town of Viking;
(267) "truck and recreational vehicle sales/rentals establishment" means a
development where new or used trucks with a gross vehicle weight rating of
4000.0 kg (8818.5 lbs.) or greater, motor homes, and recreational vehicles with a
gross vehicle weight rating of 6000.0 kg (13,227.7 lbs.) or greater or a length
greater than 6.7 m (22.0 ft.) are sold or rented, together with incidental
maintenance services and sale of parts. Truck and recreational vehicle sales/rental
establishments include truck dealerships, recreational vehicle dealerships, and
truck and recreational vehicle rental agencies, and may include refuelling and/or
washing facilities as an integral part of the operation;
(268) "trucking and cartage establishment" means a development where goods
shipped by truck are transferred from one truck to another, or where trucks are
dispatched to pick up and/or deliver goods. Trucking and cartage establishments
may include dispatch offices or storage compounds for the temporary storage of
goods, and include moving or cartage firms involving vehicles with a gross
vehicle weight of more than 3000.0 kg (6613.9 lbs.);
(269) "use" means the purpose or activity for which a lot and any buildings located on
it are designed, arranged, developed, or intended, or for which it is occupied or
maintained;
(270) "utility services" means a development of a public utility or a public utility
building or a government service function. Utility services include sanitary land
fill sites, sewage treatment plants, sewage lagoons, sludge disposal beds, garbage
transfer and compacting stations, power generating stations, cooling plants,
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incinerators, waste recycling plants, vehicle, equipment and material storage yards
for utilities and services; snow dumping sites; surface reservoirs or storm water
management facilities; water towers, water treatment plants; power terminal and
distributing substations; communication towers; and gate stations for natural gas
distribution;
(271) "vacant lot" means a lot either subdivided or to be subdivided for any purpose on
which a building is not located. A vacant lot can be on farmed land or land that is
not farmed;
(272) "veterinary clinic" means a development where domestic pets are cared for and
treated. Veterinary clinics primarily involve out-patient care and minor medical
procedures involving hospitalisation for fewer than four (4) days. All animals
shall be kept within an enclosed building. Veterinary clinics do not include
animal hospitals or small animal breeding and boarding establishments;
(273) "veterinary clinic - large animal" means a development where large animals,
including livestock are cared for and treated. Veterinary clinics primarily involve
out-patient care and minor medical procedures involving hospitalisation for fewer
than four (4) days. Veterinary clinics do not include animal hospitals or small
animal breeding and boarding establishments;
(274) "warehouse sales establishment" means a development where bulky goods are
sold from within an enclosed building where the size and nature of the principal
goods being sold typically require large floor areas for direct display to the
purchaser or consumer. Warehouse sales establishments may include furniture
stores, carpet stores, major appliance stores, and building materials stores;
(275) "wind energy conversion system, large" means one or more towers designed to
convert wind energy into mechanical or electrical energy and which has a rated
capacity equal to or greater than 300 kW;
(276) "wind energy conversion system, micro" means a small-scale wind turbine,
which is small is height and diameter and can be installed on the roof of a
building or structure;
(277) "wind energy conversion system, small" refers to a wind energy conversion
system (WECS) consisting of a wind turbine, a tower, and associated control or
conversion electronics, which has a rated capacity of not more than 300 kW, and
which is intended to provide electrical power for use on-site (either behind the
meter or off-grid) and is not intended or used to produce power for resale;
(278) "wind turbine tower" refers to the guyed or freestanding structure that supports
a wind turbine generator;
(279) "wind turbine tower height" means the height above grade of the fixed portion
of the wind turbine tower, excluding the wind turbine and rotor;
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(280) "wireless radio communication facility" means an outdoor structure designed
and constructed to support one (1) or more transmitting or receiving devices for
telephone, radio or any similar wireless communication facilities;
(281) "work camp" means a temporary residential complex used to house camp
workers for a contracting firm or project on a temporary basis of more than thirty
(30) days and less then one (1) year. The camp is usually made up of a number of
manufactured units, clustered in such fashion as to provide sleeping, eating,
recreation and other basic living facilities;
(282) "work camp - short term" means a residential complex used to house camp
workers by various contracting firms on a temporary basis, and without restricting
the generality of the above, the camp is usually made up of a number of
manufactured units, clustered in such fashion as to provide sleeping, eating,
recreation, and other basic living facilities. The units may be dismantled and
removed from the site from time to time. For the purposes of this definition
temporary means for a period of up to four (4) months in total duration either
consecutively or non-consecutively;
(283) "yard" means a part of a lot which is unoccupied and unobstructed by any
building or portion of a building above the ground level, unless otherwise allowed
by this Bylaw;
and all other words and expressions have the meanings respectively assigned to them in
the Act or in other Acts of the Legislature or in common law. Reference in this Bylaw to
the masculine gender shall be considered to be to the feminine gender as well, as the case
may be; and reference in this Bylaw to the singular or to the plural shall be considered to
be to the plural or to the singular as well, as the case may be.
1.4
Metric and Imperial Measurements
Within this Bylaw, both Metric and Imperial measures are normally provided, the
Imperial measures within brackets. However, the Imperial measures are approximate,
and are provided only for information, and in order to provide some comparison for
persons who are unfamiliar with Metric measures. As a result, the metric measurement
shall take precedence for the purposes of interpretation of this Bylaw.
1.5
Date of Receipt
Where a:
(1)
subdivision or development permit approval or refusal,
(2)
subdivision or development appeal notice,
(3)
notice to reclassify lands, or
(4)
notice of appeal hearing,
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is sent, given or served by mail, and the document is properly addresses and sent by
prepaid regular mail, unless the contrary is proven, the service shall be presumed to be
effected five (5) days from the date of mailing if the document is mailed in Alberta to an
address in Alberta.
In the event of a dispute, the Interpretation Act, as amended, shall apply.
1.6
Repealing Existing Controls
Bylaw No. 99-528, as amended, is hereby repealed.
1.7
Date of Commencement
This Bylaw comes into effect upon the date of it finally being passed.
1.8
Attached Figures
Various Figures are included within this Bylaw for information purposes, but they do not
form part of this Bylaw unless the text of the Bylaw specifically indicates that reference
should be made to the Figure for relevant regulations.
1.9
Schedule A
Schedule A, the Land Use Bylaw Map, is attached hereto and forms part of this Bylaw.
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PART 2.0 - GENERAL ADMINISTRATIVE PROCEDURES AND
AGENCIES
2.1
Control of Development
(1)
No development other than that indicated in Section 2.2 of this Bylaw shall be
undertaken within the Town unless an application for it has been approved and a
development permit has been issued.
(2)
In the case where land is being developed by way of subdivision, the developer
shall not undertake works prior to obtaining the necessary approvals. These
prohibited works shall include:
(a)
clearing, piling and burning of trees and shrubs
(b)
grading
(c)
any other development which may unduly affect the lands or the
neighbouring lands.
2.2
Development Not Requiring a Development Permit
The following development shall not require a development permit:
(1)
the carrying out of works of maintenance, renovation, or repair to any building,
provided that such works do not include structural alterations or major works of
renovations;
(2)
the completion of a building which was lawfully under construction at the date
this Bylaw comes into effect, provided that the building is completed in
accordance with the terms of any permit granted in respect of it and subject to the
conditions to which such permit was granted, and provided also that the building,
whether or not a permit was granted in respect of it, is completed within a period
of twelve (12) months from the said date of said approval;
(3)
the use of any such buildings as referred to in subsection (2) for the purpose for
which construction was commenced;
(4)
the erection, construction, or maintenance, improvement or alteration of gates,
fences, walls or other means of enclosure (other than on corner sites or where
abutting on a road used by vehicular traffic) less than 1 m (3.3 ft.) in height in
front yards and less than 2 m (6.6 ft.) in height in side and rear yards;
(5)
a temporary building, the sole purpose of which is incidental to the erection or
alteration of a building, for which a permit has been issued under this Bylaw;
(6)
the maintenance and repair of public works, services and utilities carried out by or
on behalf of federal, provincial or municipal public authorities on land which is
publicly owned or controlled;
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(7)
a single storey accessory building with a floor area not more than 10.0 sq. m
(107.7 sq. ft.) in floor area, unless the accessory building does not meet the
minimum distance requirements outlined in Sections 8.1, 8.2, and 8.3 of this
Bylaw. If the accessory building is larger than 10.0 sq. m (107.6 sq. ft.) in size
then a development permit is required;
(8)
utility connections and maintenance, including television, telephone, electrical or
heating installation work to a building, provided that the use or intensity of use
does not change;
(9)
the erection or placement of a temporary building or sign no larger than 5.9 sq. m
(64.0 sq. ft.), the sole purpose of which is incidental to the erection or alteration of
a building, for which a permit has been issued under this Bylaw, provided the
temporary building or sign is removed within thirty (30) days of substantial
completion or as determined by the Development Authority;
(10)
the erection of campaign signs for federal, provincial, municipal or school board
elections on privately-owned lots for no more than thirty (30) days, or such time
as regulated under provincial or federal legislation provided that:
(a)
such signs are removed within seven (7) days after the election date,
(b)
such signs do not obstruct or impair vision or traffic,
(c)
such signs are not attached to fences, trees, or utility poles; and
(d)
such signs indicate the name and address of the sponsor and the person
responsible for removal;
(11)
the placement of one (1) sign on internal lots, or two (2) signs on corner lots
advertising a residential property for sale or rent displayed on the property to
which it (or they) pertain(s) during the time the property is being offered for sale,
with removal to be within one (1) day after the sale or rental agreement has been
entered into, provided that such signs are a maximum of 0.6 sq. m (6.5 sq. ft.) in
area and provided further that such signs are placed or erected no closer than 3.0
m (9.8 ft.) to a road right-of-way;
(12)
the placement of signs in Commercial or Industrial Districts provided they are
inside the window or inside the building;
(13)
the placement of a portable sign on a lot provided that the requirements of this
Bylaw are satisfied;
(14)
a patio, as defined in this land use bylaw, in a Residential District that meets the
minimum required yard requirements outlined in Sections 7.8 and 7.9 of this
Bylaw;
(15)
boarding and foster care within a dwelling unit, provided the use, in the opinion of
the Development Authority, is not a boarding and lodging house, a day home, a
day care facility, a group home, a family care facility, or a group care facility;
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(16)
extensive agriculture on lots 8 ha. (20 ac.) or more in area in an Urban Reserve
(UR) District;
(17)
landscaping where the proposed grades will not adversely affect the subject or
adjacent parcels of land, including the hard-surfacing of part of a lot to provide
vehicular access from a road or highway to an attached or detached garage or
carport;
(18)
television satellite dishes;
(19)
an existing or proposed minor home occupation, as defined in this Bylaw, but not
including an existing or proposed bed and breakfast operation, also as defined in
this Bylaw, if the existing or proposed home occupation, in the opinion of the
Development Officer, complies with all provisions and requirements of Section
8.12 of this Land Use Bylaw;
(20)
an existing or proposed day home or child care facility, as defined in this Bylaw,
if the existing or proposed day home or child care facility, in the opinion of the
Development Officer, complies with all relevant provisions and requirements of
Section 8.11 of this Bylaw;
(21)
the construction and maintenance of utility services, primary infrastructure and
private utilities associated with a principal residential use of land, not including a
waste transfer station, regional landfill, communications towers or the municipal
sewage lagoon; and
(22)
the demolition or removal of any building, structure or use for which erection or
establishment a development permit would not be required pursuant to
subsections (1) through (21) above, both inclusive.
2.3
Development Authority
(1)
The Development Authority of the Town of Viking shall be as established by the
Town's Development Authority Bylaw.
(2)
Notwithstanding Subsection (1) above, the Development Authority within the
Direct Control (DC) District shall be the Council.
(3)
If the Development Authority Officer is to be making the decision on a
development permit application, the term "Development Authority", when used in
this Bylaw, shall be the Development Authority Officer.
(4)
If the Council is to be making the decision on a development permit application,
the term "Development Authority", when used in this Bylaw, shall be the Council.
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2.4
Development Authority Officer
(1)
The Development Officer shall perform such duties that are specified in
subsections (2) and (3) hereof and in this Bylaw.
(2)
The Development Authority Officer may sign, on behalf of the Development
Authority, any order, decision, approval, notice or other thing made or given by
the Development Authority or by the Development Authority Officer.
(3)
The Development Authority Officer shall keep and maintain for the inspection of
the public during all reasonable hours, a copy of this Bylaw and all amendments
thereto, and keep a register of all applications for development, including the
decisions thereon.
2.5
Council
The Council shall perform such duties that are specified for it in this Bylaw.
2.6
Subdivision and Development Appeal Board
The Subdivision and Development Appeal Board established by the Town's Subdivision
and Development Appeal Board Bylaw shall perform such duties as are specified in Part
4.0 of this Bylaw
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PART 3.0 - DEVELOPMENT PERMITS, RULES AND
PROCEDURES
3.1
Application for Development Permits
(1)
An application for a development permit shall be made to the Development
Officer in writing, in the form required by the Development Authority, and shall
be accompanied by:
(a)
a site plan drawn to scale, showing:
(i)
the boundaries of the lot or lots on which the development is to
take place,
(ii)
all of the existing and proposed buildings on the lot,
(iii)
the front, rear, and side yards, if any,
(iv)
any provision for off-street loading, vehicle standing, and parking
areas,
(v)
access and egress points to the lot, and
(vi)
lot and building dimensions, and distances to property lines and
between buildings;
(b)
an indication of the proposed uses;
(c)
an indication of the ownership of the land and the interest of the applicant
therein; and
(d)
the estimated cost of the project or contract price
(2)
Each application for a development permit shall be accompanied by a fee as
established by Council.
(3)
In addition to the information requirements indicated in Section 3.1(1) above, the
Development Authority Officer may also require additional information in order
to assess the conformity of a proposed development with this Bylaw before
consideration of the development permit application shall commence. Such
information may include:
(a)
the location of existing and proposed municipal and private storm and
sanitary sewage collection and disposal, and water supply and distribution
utilities, landscaped areas and buffering and screening;
(b)
the height and horizontal dimensions of all existing and proposed
buildings;
(c)
outlines of roof overhangs on all buildings;
(d)
existing and proposed elevations on the lot and on adjacent lots, roads and
lanes;
(e)
post construction lot, grade, and building elevations;
(f)
floor plans, elevations and sections of any proposed buildings, including
the lowest floor elevation in either the basement or on the main floor in the
principal and accessory buildings;
(g)
landscaping plans, including the location of existing and proposed trees,
shrubs, grassed areas, fences, screenings, and outdoor furniture on the lot
and on adjacent boulevards within road rights-of-way;
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(h)
drainage plans;
(i)
in a Residential District, the suggested location for a future driveway and
garage or carport, if the application itself does not include such buildings
as part of the proposal;
(j)
future development plans for a lot which is to be partially developed
through the applicable development permit;
(k)
in the case of a proposed home occupation, information concerning the
number of employees, the location of any goods to be kept or stored, and
an estimate of the number of client visits to be expected to the lot each
week;
(l)
in the case of the placement of an already constructed or partially
constructed building on a lot, including a manufactured home, information
relating to the age and condition of the building and its compatibility with
the District in which it is to be located, including photographs of the
building, dimensioned floor plans and elevations, and any other
information the Development Authority may require;
(m)
any other information or tests required by the Development Authority, at
his sole discretion, respecting the lot or adjacent lands, including an
environmental screening of the lot; and
(n)
a statutory declaration indicating that the information supplied is accurate.
(4)
Industrial
In addition to the information requirements indicated in Section 3.1(1) above,
each application for industrial development may be requested, at the discretion of
the Development Authority, to be accompanied by the following information:
(a)
type of industry,
(b)
estimated number of employees,
(c)
estimated water demand and anticipated source,
(d)
type of effluent and method of treatment,
(e)
transportation routes to be used,
(f)
reason for specific location,
(g)
means of solid waste disposal,
(h)
any accessory works required (pipeline, railway spurs, power lines, etc.),
(i)
anticipated residence location of employees,
(j)
municipal servicing costs associated with the development,
(k)
physical suitability of lot with respect to soils, slopes and drainage,
(l)
if a subdivision is involved, the size and number of parcels and proposed
phasing (if any),
(m)
servicing requirements and provisions for meeting them, and
(n)
costs associated with providing new or upgraded municipal services
associated with the development,
and/or any other information as may be reasonably required by the Development
Authority.
(5)
In addition to the information requirements indicated in Section 3.1(1) above, the
Development Authority may require for a proposed industrial use the provision of
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environmental assessment information and a risk assessment to assist the Town in
assessing the effect of the proposed development in relation to the natural and
human environments, and indicate both if and how any negative matters can be
mitigated.
(6)
Commercial or Recreational
In addition to any or all of the information required under Section 3.1(1) of this
Bylaw, each application for a commercial or recreational development may be
required, at the discretion of the Development Authority, to be accompanied by
the following information:
(a)
physical suitability of the lot with respect to soils, slopes and drainage,
(b)
the size and number of parcels and proposed phasing (if any),
(c)
servicing requirements and provisions for meeting them,
(d)
costs associated with providing new or upgraded municipal services
associated with the development,
(e)
the requirements and provisions for employee and customer parking and
for lot access,
(f)
a landscaping plan,
(g)
cross-sections and elevations for each building, and
(h)
a list of proposed uses.
(7)
Excavation, Stripping and Grading
In addition to the information requirements indicated in Section 3.1(1) above, an
application for a development permit for the excavation, stripping or grading of
land that is proposed without any other development on the same land, may
include with the application, the following information:
(a)
location and area of the lot where the excavation is to take place;
(b)
existing land use and vegetation
(c)
the type and dimensions including average depth of the excavation to be
done, and the potential, if any, to affect existing drainage patterns on and
off the lot;
(d)
the depth and variation in depth of groundwater encountered in test holes,
if required at the discretion of the Development Authority;
(e)
identification of potential for outdoor noise and the discharge of
substances into the air;
(f)
the condition in which the lot is to be left when the operation is complete,
including the action which is to be taken for restoring the condition of the
surface of the land to be affected, and for preventing, controlling or
lessening erosion or dust from the lot;
(g)
an indication of all municipal servicing costs associated with the
development; and
(h)
the proposed haul route, dust control plan and expected hours of operation.
(8)
In addition to the information requirements indicated in Section 3.1(1) above,
each application for a sign may be accompanied by additional information at the
discretion of the Development Authority.
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(9)
Notwithstanding any other provisions of this Bylaw to the contrary, the
Development Authority may refuse to accept an application for a development
permit where, in his sole opinion, the information supplied by the applicant in
accordance with subsections (1) and (3) to (8), both inclusive, hereof is
insufficient or of insufficient quality to properly evaluate the application. If this is
the case, the Development Authority shall notify the applicant in writing of any
deficiencies in the application. The time period for consideration of a
development permit application shall not commence until the Development
Authority is satisfied, in their sole opinion, that the development permit
application is complete.
(10)
Notwithstanding any other provisions of this Bylaw to the contrary, the
Development Authority may make a decision on a development permit
application without all of the information required by subsections (1) through (9)
hereof or where, in their opinion, the information supplied by the applicant is
sufficient to properly evaluate the application.
3.2
Referral of Applications
(1)
Development permit applications within 305.0 m (1000.0 ft.) of the right-of-way
of a highway may, at the discretion of the Development Authority, be referred to
Alberta Transportation for comments prior to a development permit being issued.
If the development is adjacent to a highway, the applicant will also be required to
get a permit from Alberta Transportation.
(2)
Adjacent Municipalities
All subdivision proposals and all applications for significant discretionary
development permits within 1.6 km (one mile) of adjacent municipalities shall be
referred to the adjacent municipality for comment prior to a development permit
being issued or a subdivision being approved.
3.3
Decision Process and Re-Application
(1)
The Development Authority Officer shall:
(a)
receive and review all applications and to ascertain whether it is complete
in accordance with Section 3.1 of this Bylaw;
(b)
consider and decide on applications for a development permit where the
uses constitute permitted uses in a District and where the development
complies with the regulations for the development;
(c)
refer to the Municipal Planning Commission, with recommendation, for its
consideration and decision applications for a development permit:
(i)
where the uses constitute discretionary uses in a District, or
(ii)
for those uses which constitute permitted uses but where the
proposed development does not comply with all of the regulations
for the development, or
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(iii)
where decision making authority has been assigned to the
Commission by this Bylaw;
(d)
refer to the Council, with a recommendation, for its consideration and
decision, all development permit applications within the Direct Control
(DC) District;
(e)
at his discretion, refer to the Municipal Planning Commission any
application for a development permit which in his opinion should be
decided by the Commission.
(2)
The Municipal Planning Commission shall consider and decide on applications
for a development permit referred to it.
(3)
The Council shall consider and decide on applications for a development permit
referred to it.
(4)
When, in the opinion of the Development Authority, sufficient details of the
proposed development have not been included with the application for a
development permit, the Development Authority may, at its sole discretion, either
return the application to the applicant for further details or make a decision on the
application with the information it has available. A returned application shall be
deemed to not have been submitted until all required details have been provided
to the satisfaction of the Development Authority.
(5)
In making a decision, the Development Authority may approve the application
unconditionally, approve the application subject to those conditions considered
appropriate, approve the application permanently or for a limited period of time,
or refuse the application.
(6)
In making a decision, the Development Authority may impose such conditions as
are required to ensure compliance with this Bylaw.
(7)
The Development Authority may require that as a condition of issuing a
development permit, the applicant enter into an agreement:
(a)
to construct or pay for the construction of roads, pedestrian walkways or
parking areas which serve the development or which connect the walkway
with another walkway system that serves or is proposed to serve an
adjacent development,
(b)
to install or pay for the installation of public utilities other than
telecommunications systems or works,
(c)
to construct or pay for the construction of off-street or other parking
facilities, and loading and unloading facilities,
(d)
to pay an off-site levy, and/or
(e)
to give security to ensure that the terms of the agreement noted herein are
carried out.
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(8)
The Development Authority may require any agreement entered into pursuant to
Subsection (7) above to be caveated against the title of the lot at the Land Titles
Office.
(9)
In the case where a proposed specific use of land or a building is not provided for
in any District in the Bylaw, the Development Authority may determine that such
use is similar in character and purpose to a permitted or discretionary use
prescribed for a particular District.
(10)
The Municipal Planning Commission may approve or conditionally approve an
application for a development permit even though the proposed development does
not comply with the regulations of this Bylaw, or if the development is to be a
rebuilding, an enlargement, an addition, or a structural alteration of a non-
conforming building, if, in the opinion of the Municipal Planning Commission:
(a)
the proposed development would not:
(i)
unduly interfere with the amenities of the neighbourhood, or
(ii)
materially interfere with or affect the use, enjoyment or value of
neighbouring parcels of land; and
the proposed development conforms with the use prescribed for
that land or building in this Bylaw.
(11)
Additional Provisions
At its sole discretion, the Development Authority may impose such conditions on
the approval of an application for a development permit that it considers
necessary to provide for or to ensure the implementation of any of the information
or recommendations of any of the materials provided as required pursuant to
Section 3.1 of this Bylaw.
(12)
When the Development Authority refuses an application for a development
permit, the decision shall contain reasons for the refusal.
(13)
In the case where an application for a development permit has been refused
pursuant to this Bylaw or ultimately after appeal pursuant to Part 4.0 of this
Bylaw, the Development Authority shall not accept the submission of another
application for a permit on the same parcel of land and for the same or similar use
by the same or any other applicant for six (6) months after the date of the refusal.
(14)
An application for a development permit shall, at the option of the applicant, be
deemed to be refused when a decision thereon is not made by the Development
Authority within forty (40) days after receipt of the application by the
Development Authority unless the applicant has entered into a written agreement
with the Development Authority to extend the forty (40) day period. The person
claiming to be affected may appeal in writing as provided for in Part 4.0 of this
Bylaw as though he has received a refusal at the end of the forty (40) day period
or any agreed-to extension thereof as specified in this Subsection.
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(15)
Notwithstanding any other provisions of this Bylaw to the contrary, if the
Development Authority discovers that a decision made by him/her on a
development permit application was either:
(a)
incorrect, that is, not in compliance with the provisions and requirements
of this Bylaw, or
(b)
based on information which was subsequently determined to be incorrect
or misunderstood by the Development Authority, the Development
Authority may rescind the approval of the development permit. In such a
circumstance, the appeal period provided for under Part Four of this
Bylaw begins from the date the applicant is advised that the permit
approval has been rescinded.
3.4
Development Permits and Notices
(1)
A permit granted by the Council pursuant to this Part shall come into effect on the
date it is issued.
(2)
Except as noted in subsection (3) below, a permit granted by the Development
Authority Officer or the Municipal Planning Commission pursuant to this Bylaw
does not come into effect until twenty (20) days after the date of notification of a
decision on a development permit is given as described in Subsection (4) or
Subsection (5) below. Any development proceeded with by the applicant prior to
the expiry of this period is done solely at the risk of the applicant.
(3)
Where an appeal is made pursuant to Part 4.0 of this Bylaw, a development permit
which has been granted shall not come into effect until the appeal has been
determined and the permit has been confirmed, modified or nullified thereby.
(4)
When a development permit has been issued for a permitted use and no variance
to any regulation has been granted as provided for by Section 3.3(10) of this
Bylaw, the Development Authority Officer shall immediately post a notice of the
decision conspicuously in the Town Office.
(5)
When all other development permits have been issued, the Development
Authority Officer shall immediately:
(a)
mail a notice of the decision in writing to all adjacent landowners who, in
the opinion of the Development Authority Officer, may be affected; and/or
(b)
publish a notice of the decision in a newspaper circulating in the Town;
and/or
(c)
post a notice of the decision conspicuously on the property for which the
application has been made.
(6)
The notice indicated in Subsection (4) or Subsection (5) shall state the location of
the property for which the application was made, the use approved, and the nature
of the decision.
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(7)
If the development authorized by a permit is not commenced within twelve (12)
months from the date of the issue of the development permit, and carried out with
reasonable diligence, the permit is deemed to be void, unless an extension to this
period is granted in writing by the Development Authority.
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PART 4.0 - APPEALS
4.1
Appeal Procedure
(1)
An appeal may be made to the Subdivision and Development Appeal Board (the
Board) where a Development Authority
(a)
refuses or fails to issue a development permit to a person within forty (40)
days of receipt of the completed application, or
(b)
issues a development permit subject to conditions, or
(c)
issues an order under Section 5.1 of this Bylaw.
(2)
Notwithstanding subsection (1) above, no appeal lies in respect of the issuance of
a development permit within the Direct Control (DC) District or for a
development permit for a permitted use unless the provisions of this Bylaw were
relaxed, varied or misinterpreted.
(3)
The person applying for the permit or affected by the order, under Subsection (1),
or any other person affected by an order, decision or development permit of a
Development Authority may appeal to the Board.
(4)
An appeal shall be made by serving a written notice of appeal to the Secretary of
the Board, together with reasons and the development appeal fee as established by
Council, within fourteen (14) days after
(a)
the date the order, decision or permit issued by the Development Authority
was publicized in accordance with Section 3.4.(5) of this Bylaw; or
(b)
the forty (40) day period referred to in Subsection (1)(a) has expired.
4.2
Appeal Hearing
(1)
Within thirty (30) days of receipt of a notice of appeal, the Board shall hold a
public hearing respecting the appeal.
(2)
The Board shall give at least five (5) days' notice in writing of the public hearing
to:
(a)
the appellant;
(b)
the Development Authority from whose order, decision or development
permit the appeal is made;
(c)
those adjacent land owners who were notified under Section 3.4(5) and
any other person who, in the opinion of the Board, are affected by the
order, decision or permit; and
(d)
such other persons as the Board specifies.
(3)
The Board shall make available for public inspection before the commencement
of the public hearing all relevant documents and materials respecting the appeal
including:
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(a)
the application for the development permit, its refusal and the appeal
therefrom; or
(b)
the order of the Development Authority under Section 5.1,
as the case may be.
(4)
at the public hearing referred to in subsection (1), the Board shall hear:
(a)
the appellant or any other person acting on behalf of the appellant;
(b)
the Development Authority from whose order, decision or development
permit the appeal is made, or if a person is designated to act on behalf of
the Development Authority, that person;
(c)
any other person who was served with notice of the hearing and who
wishes to be heard or a person acting on behalf of that person; and
(d)
any other person who claims to be affected by the order, decision or
permit and that the Board agrees to hear or a person acting on behalf of
that person.
4.3
Appeal Decision
(1)
The Board shall give its decision in writing together with reasons for the decision
within fifteen (15) days of the conclusion of the hearing.
(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 Act. An application for leave to the Court of Appeal shall be
made:
(a)
to a judge of the Court of Appeal; and
(b)
within thirty (30) days after the issuance of the order, decision, permit or
approval sought to be appealed.
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PART 5.0 - ENFORCEMENT, AMENDMENT, AND NON-
CONFORMING BUILDINGS AND USES
5.1
Contravention
(1)
Where the Development Authority finds that a development or use of land or
buildings is not in accordance with:
(a)
the Act or the regulations made thereunder, or
(b)
a development permit or subdivision approval, or
(c)
this Bylaw,
the Development Authority may, by notice in writing, order the owner, the person
in possession of the land or buildings, or the person responsible for the
contravention, or all or any of them to:
(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, 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 Act, the regulations made thereunder, a development permit,
subdivision approval or this Bylaw,
within the time frame specified by the notice, as the case may be.
(2)
Where a person fails or refused to comply with an order directed to him under
subsection (1) or an order of the Subdivision and Development Appeal Board
within the time specified, the Development Authority, or any other person
identified as a designated officer by the Council for the purposes of this Section
may, in accordance with Section 542 of the Act, enter upon the land or building
and take such actions is necessary to carry out the order.
(3)
A person found guilty of an offence is liable to a fine of not more than $10,000.00
or to imprisonment for not more than one (1) year, or to both fine and
imprisonment, pursuant to Section 566 of the Act.
(4)
Where any person obstructs or hinders the Development Authority or any other
person in the exercise or performance of his powers or duties under the Act, that
obstructing or hindering person shall be guilty of an offence and liable to a fine or
to imprisonment in accordance with Provincial legislation.
(5)
Where the Development Authority Officer or any other person identified as a
designated officer by the Council for the purposes of this Section 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.
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(6)
The Development Authority may suspend or revoke a development permit where:
(a)
the applicant fails to comply with the conditions of the approval of a
permit, or
(b)
development on the lot is undertaken contrary to the terms or conditions of
a permit.
(7)
Any person who undertakes any development without a development permit, or
after a permit has been suspended or revoked, shall discontinue such development
forthwith upon notice in writing being issued by the Development Authority, and
shall not resume such development unless a development permit has been issued
or the development permit is reinstated.
(8)
In addition to the process and penalties described above, the Development
Authority or any other person identified as a designated officer by the Council for
the purposes of this Section, shall be authorized to issue violation tickets in
respect to any contravention of this Bylaw.
(9)
Violation Tickets
(a)
The Development Authority or any other person identified as a designated
officer by the Council for the purposes of this Section, may issue a
violation ticket to any person alleged to have breached any provision of
this Bylaw.
(b)
The violation ticket shall specify the alleged offence committed by the
person to whom the violation ticket is issued and require payment, within
21 days from the date of issue of the violation ticket, of a fine to the Town.
(c)
Persons contravening any provision of this Bylaw to whom violation
tickets are issued shall be liable for a penalty of $100.00 for a first offence
and $150.00 for a second or subsequent offence. Each day that a breach of
the Bylaw has occurred may be considered to be a separate offence.
(d)
The violation ticket shall be served upon the alleged offender personally
or by single registered mail. If payment is made within the time limit,
then such payment shall be accepted in lieu of prosecution for the offence.
(e)
If a person who has been served with a violation ticket fails to pay the fine
specified therein, then the right of the alleged offender to settle the alleged
offence without a court appearance shall no longer apply and prosecution
for the alleged offence shall proceed.
(f)
If the person who was served with the violation ticket is thereafter
prosecuted and convicted of the offence specified in the violation ticket,
the fine imposed shall not be less than $125.00, plus court costs, for each
offence.
5.2
Application to Amend Bylaw
(1)
A person may apply to have this Bylaw amended, by applying in writing,
furnishing reasons in support of the application and paying the fee therefore
required under Subsection (3).
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(2)
Council may at any time initiate an amendment to this Bylaw by directing the
Development Authority to initiate an application therefore.
(3)
All applications for amendment to this Bylaw shall be made to the Council on the
form provided by the municipality and shall be accompanied by:
(a)
an application fee as established by Council for each application; and
(b)
a recent title search of the land affected or other documents satisfactory to
the Development Authority showing the applicant's interest in the said
land, and
(c)
drawings showing the subject parcel of land, the proposed District and the
proposed use and development to be proposed on the subject parcel of
land, if applicable.
(4)
All amendments to this Bylaw shall be made by Council by bylaw and in
conformity with the Act.
5.3
Non-Conforming Buildings and Uses
(1)
If a development permit has been issued on or before the day on which this Land
Use bylaw or an amendment thereto comes into effect, and the Bylaw would
make the development in respect of which the permit was issued a non-
conforming use or non-conforming building, the development permit continues in
effect in spite of the coming into force of the Bylaw or the amendment.
(2)
A non-conforming use of land or a building may be continued, but if that use is
discontinued for a period of six (6) consecutive months or more, any future use of
the land or building must conform with this Bylaw.
(3)
A non-conforming use of part of a building may be extended throughout the
building but the building, whether or not it is a non-conforming building, may not
be enlarged or added to and no structural alterations may be made thereto or
therein.
(4)
A non-conforming use of part of a lot may not be exceeded or transferred in
whole or in part to any other part of the lot and no additional buildings may be
constructed upon the lot while the non-conforming use continues.
(5)
A non-conforming building may continue to be used but the building may not be
enlarged, added to, rebuilt or structurally altered except:
(a)
to make it a conforming building,
(b)
for the routine maintenance of the building, if the Development Authority
considers it necessary, or
(c)
in accordance with the powers possessed by the Development Authority
pursuant to the Act and Section 3.3(10) of this Bylaw to approve a
development permit notwithstanding any non-compliance with the
regulations of this Bylaw.
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(6)
If a non-conforming building is damaged or destroyed to the extent of more than
75 percent of the value of the building above its foundation, the building may not
be repaired or rebuilt except in accordance with this Bylaw.
(7)
Except as specifically indicated in respect of particular uses, buildings, or
developments elsewhere within this Bylaw, the land use or the use of a building is
not affected by a change of ownership, tenancy, or occupancy of the land or
building.
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PART 6.0 - LAND USE DISTRICTS
6.1
Establishment of Districts
(1)
For the purpose of this Bylaw, the Town of Viking is divided into the following
Districts:
Symbol
District Name
R1
Residential District (Low density)
R2
Residential District (Medium Density)
R3
Residential District (High Density)
RMH1
Residential Manufactured Home Subdivision District
RMH2
Residential Manufactured Home Park District
C1
Central Commercial District
C2
Secondary Commercial District
C3
Highway Commercial District
C4
Local Commercial District
M
Industrial District
PUB
Public Service District
PR
Parks and Recreation District
DC
Direct Control District
UR
Urban Reserve District
(2)
For the purposes of this Bylaw, the R1,R2, R3, RMH1, and RMH2 Districts shall
be considered to be Residential Districts, and the C1, C2, C3, and C4 Districts
shall be considered to be Commercial Districts.
(3)
The boundaries of the Districts listed in subsection (1) are as delineated on the
Land Use District Map, being Schedule A hereto, which is attached to and forms
part of this Bylaw.
(4)
Where uncertainty exists as to the boundaries of Districts as shown on the Land
Use District Map, the following rules shall apply:
(a)
Where District boundaries are shown to approximate the following, they
shall be deemed to be:
(i)
the municipal boundaries, or
(ii)
the centre lines of railway rights-of-way, or
(iii)
the centre lines of the right-of-way of a road or lane.
(b)
In circumstances not covered by Subsection (a), the location of the
boundary shall be determined:
(i)
where dimensions are set out on the Land Use District Map, by the
dimensions so set, or
(ii)
where no dimensions are set out on the Land Use District Map
with respect to such boundary, by measurement of and use of the
scale shown on the Land Use District Map.
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(5)
Where Districts have been established in accordance with a proposed subdivision
of land, the boundaries of the District shall be understood to conform to the
boundaries of the certificate of title or as shown on the Plan of Survey or
Descriptive Plan when it is registered in a Land Titles Office. Prior to the
registration, the District boundaries shall be determined on the basis of the
dimensions stated in the proposed plan of subdivision or on the scale of the Land
Use District Map where dimensions are not provided.
(6)
Where the application of the above rules does not determine the exact location of
the boundary of a District, the Council either on its motion or upon written
application being made to it by any person requesting the determination of the
exact location of the boundary shall fix the portion of the District boundary in
doubt or dispute in a manner consistent with the provisions of this Bylaw and the
degree of detail as to measurements and directions as the circumstances may
require.
(7)
After the Council has fixed a District boundary pursuant to the provisions of
subsection (4), the portion of the boundary so fixed shall not be thereafter altered
except by an amendment of this Bylaw.
(8)
The Development Authority shall maintain a list of Council's decisions with
respect to boundaries or portions thereof fixed by Council.
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PART 7.0- GENERAL PROVISIONS
Notwithstanding the District Regulations in effect on a parcel of land, the following regulations
shall also apply:
7.1
Amenity Areas
Where required in any District, private and/or communal amenity areas shall be provided
in accordance with the following:
(1)
Private outdoor amenity areas shall be designed for the occupants of an individual
dwelling unit and shall:
(a)
be located immediately adjacent to, and with direct access from, the
dwelling it is intended to serve;
(b)
be located in a yard other than a front yard;
(c)
be landscaped and surfaced for convenient use for outdoor activities;
(d)
be of a width and length of at least 4 m (13.2 ft.); and
(e)
be developed as open space unencumbered by any accessory buildings or
future additions.
(2)
Notwithstanding Subsection (1)(d) above, balconies may be considered private
outdoor amenity areas provided they are unenclosed and have a minimum depth
of 2.0 m (6.5 ft.).
(3)
Communal amenity areas shall be designed for the recreational use of all residents
of the development or for the use and enjoyment of the public in the case of a
non-residential development. The area shall be indoor or outdoor space, or a
combination thereof, including but not limited to landscaped courtyards, public
seating areas, swimming pools, fitness rooms, party rooms, games rooms, and
children's play areas complete with equipment.
(4)
In multi-family dwelling developments of eight (8) dwelling units or more, a
minimum communal amenity area of 2.5 sq. m (26.9 sq. ft.) per dwelling unit
shall be provided and be developed as children's play space or other communal
recreation space, and be aggregated into areas of not less than 50.0 sq. m (528.2
sq. ft.).
(5)
In multi-family dwelling developments, at least ten percent (10%) of the open
space area required on the lot shall be provided for recreational purposes; and in
multi-family dwelling developments of eight (8) units or more, recreational
equipment shall be provided on this area to the satisfaction of the Development
Authority. This requirement may be relaxed at the discretion of the Development
Authority where indoor recreational facilities are provided.
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7.2
Building Exteriors
(1)
The exterior finish on all buildings shall be of a permanent material, and be of a
character and quality satisfactory to the Development Authority.
(2)
The design, character, and appearance of all buildings shall:
(a)
be compatible with other buildings in the vicinity unless the building is
setting a new standard for the District in which it is located,
(b)
be suited to the purpose of the District in which it is located, and
(c)
comply with the provision of any statutory plan applicable to the design,
character or appearance of the building.
(3)
Unless forming part of a single project which has been designed and approved
under one development permit application, no single detached dwellings of
identical or, in the opinion of the Development Authority, similar roof or front
elevations and fronting on either side of a road shall be located within two (2) lots
from each other.
7.3
Corner Lots and Double Fronting Lots
(1)
In the case of double fronting lots, the front yard shall be that portion of the lot
abutting the road on which the front yards of adjacent lots face. If adjacent lots
have front yards facing both roads, front yards shall be considered to be on both
roads and the lot may thus have no rear yard.
(2)
Notwithstanding any other provision of this Bylaw to the contrary, the
Development Authority may require that a development on a corner lot or on a
double fronting lot provide two minimum required front yards, after having regard
to the orientation of adjacent lots and to the location of accesses to the
development.
(3)
Notwithstanding any other provision of this Bylaw to the contrary, where a
second minimum front yard is not required on a corner lot, the minimum required
side yard on the side adjacent to the road shall not be less than 3.8 m (12.6 ft.).
(4)
Notwithstanding subsection (3), features under 0.5 m (1.6 ft.) in height may
project to the sideline where a second minimum front yard is not required on a
corner lot (see Figure 22).
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Figure 22: Side Yard Setback on a Corner Lot Where a 2nd Front Yard is Not Required
7.4
Corner Sites and Sight Line Protection
(1)
On corner sites, no fence, wall, tree, bush, structure or thing more than 1.0 m (3.2
ft.) in height shall be erected, placed or maintained within the triangular area
formed by the intersecting road right-of-way lines (or their projections) or a road
and a straight line joining points on the road right-of-way lines 6.0 m (19.6 ft.)
from their intersection (see Figure 23).
Features over 0.5 m
(1.6 ft.) in height:
minimum Side Yard =
3.8 m (12.6 ft.)
Features under 0.5 m
(1.6 ft.) in height:
minimum Side Yard =
0 m (0 ft.)
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Figure 23: Corner Site
(2)
At the intersection of roads and lanes, and at intersections of driveways and roads,
no fence, wall, tree, bush, structure or thing more than 1.0 m (3.2 ft.) in height
shall be erected, placed or maintained within the triangular area formed by the
intersecting road or lane right-of-way lines or the edge of the driveway and a
straight line joining points on the road or lane right-of-way lines or the edge of the
driveway 3.0 m (9.8 ft.) from their intersection.
(3)
This Section 7.10 does not apply in the C1 District or in the C2 District, except
where an existing building is set back from the property line sufficient to allow
for the regulations provided by subsections (1) and (2).
(4)
Notwithstanding any other provision of this Bylaw to the contrary, no sign shall
be located within the areas defined in subsections (1) and (2) such that any part of
the sign is between the heights of 1.0 m (3.2 ft.) and 4.0 m (13.1 ft.) above grade.
7.5
Dwelling Units on a Lot
No development permit shall be issued for the erection of more than one (1) dwelling unit
on a lot unless the second or additional dwelling unit is:
Road other than a lane
Road other than a lane
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(1)
contained in a building which is designed for or divided into two (2) or more
dwelling units;
(2)
a manufactured home within a manufactured home park;
(3)
a secondary suite, garage suite or in-law suite and the use is listed as a permitted
or discretionary use within in applicable Land Use District; or
(4)
a building or parcel of land, as defined in the Condominium Property Act, that is
the subject of a condominium plan registered in the Land Titles Office as such.
7.6
Environmental Screening
Where the potential for prior contamination of a lot exists, the Development Authority
may require that a Phase 1 Environmental Site Assessment be conducted according to,
applicable provincial requirements and/or guidelines prior to a development permit being
issued. Any follow-up assessment or remedies that may be required may be incorporated
into conditions for the approval of a development permit.
7.7
Existing Substandard Lots
With the approval of the Development Authority the minimum lot area, lot depth, and lot
width may be less in the case of existing substandard lots which are held in separate title
from abutting substandard lots as of the date of the approval of this Bylaw.
7.8
Fences, Walls and Hedges
(1)
Notwithstanding any regulation respecting required minimum yard to the contrary
in this Bylaw, a fence or hedge may be constructed along a boundary line of a lot.
(2)
Notwithstanding any other provision of this Bylaw to the contrary, a development
permit is required prior to the erection or construction of a fence.
(3)
Unless otherwise provided in this Bylaw, a fence, wall or hedge in the R-1, R-2,
R-3, and RMH-1 or RMH-2 Districts shall not be:
(a)
permitted within a corner site;
(b)
higher than 2.0 m (6.5 ft.) in side yards and rear yards, to be measured as
the average elevation from the ground at the fence or wall, unless
otherwise provided in this Bylaw(see Figures 24);
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Figure 24: Fence, Wall and Hedge Height Requirements
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(c)
higher than 1.0 m (3.2 ft.) in front yards or in side yards which are
adjacent to a highway or road, and;
(d)
higher than 1.0 m (3.2 ft.) within 6.0 m (19.6 ft.) of the intersection of
highways and/or roads.
(4)
Notwithstanding subsection (3) above, the height of a fence in a side and/or rear
yard may be higher than 2.0 m (6.5 ft.) at the discretion of the Development
Authority. An approved development permit will be required prior to
commencement of construction;
(5)
Notwithstanding subsection (3) above, the height of a fence in an Industrial
District, Commercial District or in an Urban Reserve District shall be as
determined by the Development Authority.
(6)
No fences comprised of barbed wire shall be allowed, except, at the discretion of
the Development Authority, in the Industrial District and in the Urban Reserve
District. If barbed wire is allowed, it shall not be allowed below a height of 2.0 m
(6.5 ft.) unless the Development Authority, at their discretion, allows barbed wire
at a lower height where, in their opinion, dwellings would not be in proximity to
the fence proposed.
(7)
No electrification of fences shall be allowed except, at the discretion of the
Development Authority, in the Urban Reserve District where the developer has
demonstrated, to the satisfaction of the Development Authority, that the fence is
necessary for an agricultural operation and that dwellings will not be in close
proximity to the fence proposed.
(8)
In the case of apartments or row housing, all off-street parking shall include a
landscaped area. A wall, hedge or wooden fence not less than 1.5 m (4.9 ft.) in
height and not more than 2.0 m (6.5 ft.) in height shall be provided along the side
property lines adjacent to all Residential Districts. Both the landscaping and
fence shall be provided to the satisfaction of the Development Authority.
(9)
Commercial buildings adjacent to Residential Districts must be screened by a
wooden fence not less than 2.0 m (6.5 ft.) in height and be of the "Good
Neighbour" design (see to Figure 25). In addition, 10% of the lot area shall be
maintained and landscaped. Garbage containers and outdoor storage areas shall
be screened and accessible for convenient pickup.
A "good neighbour" design means a
fence construction method whereby the
builder alternates slats from one side to
the other resulting in a fence that looks
the same on both sides.
Figure 25: Good Neighbour Fence Design
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(10)
In the case of drive-in businesses, car washing establishments, service stations
and gas bars, landscaping shall be provided and maintained to the satisfaction of
the Development Officer. Solid fences shall be provided at least 1.5 m (4.9 ft.) in
height and no higher than 2.0 m (6.5 ft.) adjacent to any Residential District.
(11)
The Development Authority may require that a fence or other screen be provided
to a height of at least 1.5 m (4.9 ft.) surrounding the following where they would
be visible from a road or from an adjacent dwelling:
(a)
outdoor storage areas,
(b)
garbage collection areas, and
(c)
loading or vehicle service areas.
(12)
Outside storage areas shall be screened from adjacent lots and roads to the
satisfaction of the Development Authority. Such screening may include fences
and/or landscaping.
7.9
Hazardous Materials
(1)
No anhydrous ammonia (AA) or liquefied petroleum gas tank or (LPG) storage
tank with a water capacity exceeding 9080 l (2000 gal.) shall be allowed within
the municipality.
(2)
All developments which store, manufacture or utilize materials or products which
may be hazardous due to their flammable or explosive characteristics will comply
with Provincial and Federal legislation and regulations.
(3)
No development in any District shall emit air or water contaminants in excess of
the standards prescribed Provincial and Federal legislation and regulations.
(4)
No development shall create or discharge toxic materials in amounts or quantities
that exceed the levels prescribed by Provincial and Federal legislation and
regulations.
(5)
All commercial or industrial developments involving the following hazardous
materials in bulk shall submit a written description of the materials and operations
being undertaken on the lot to the Development Authority for review prior to
development approval at the time of development permit application: or at the
time the operation begins using the material:
(a)
poisonous and infections agents;
(b)
pesticides;
(c)
corrosives and explosives;
(d)
flammable and combustible liquids;
(e)
manures; and
(f)
radiation.
(6)
No development shall discharge toxic or noxious materials:
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(a)
across the boundaries of a lot;
(b)
through infiltration into the soil;
(c)
into the municipal sewage disposal system, except as otherwise directed
by the municipality; or
(d)
into a water body, any surface water channel, or any below surface water
course.
7.10 Keeping of Animals
(1)
Notwithstanding any other provisions of this Bylaw to the contrary, no fur-
bearing animals, fowl or livestock (other than domestic animals) shall be kept on
any lot in any Residential District unless the lot exceeds 2.0 ha (4.94 acres) in
size.
(2)
If a lot in a Residential District exceeds 2.0 ha (4.94 acres) in size, the keeping of
a fur bearing animal, fowl or livestock (other than domestic animals) may be
allowed if a Development Permit is applied for and approved on that lot in
accordance with the following table:
(a)
2.0 to 2.8 ha (4.94 to 6.92 acres) a maximum of two (2) animal units;
(b)
2.8 to 3.6 ha (6.92 to 8.90 acres) a maximum of three (3) animal units;
(c)
greater than 3.6 ha (8.90 acres) a maximum of four (4) animal units.
(3)
For the purpose of this Section, "one animal unit" shall mean:
(a)
1 horse (over one year old); or
(b)
2 colts up to one year old; or
(c)
1 cow (over one year old); or
(d)
2 calves up to one year old; or
(e)
10 ducks, turkeys, geese or chickens; or
(f)
2 sheep or goats; or
(g)
20 rabbits.
(4)
Offspring dependent upon their mothers for nursing are exempt from this Section;
however, upon weaning the number of animals shall not exceed the figures
provided.
(5)
In a situation as described in subsection (2) above, the issuance of the
Development Permit shall be entirely at the discretion of the Development
Authority.
7.11 Landscaping
(1)
Landscaping in all developments shall be to the satisfaction of the Development
Authority and in accordance with the municipality's landscaping standards as
stated in subsection (9).
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(2)
Where a landscaping plan is required with an application for a development
permit, no landscaping shall commence prior to the plan being approved by the
Development Authority.
(3)
A landscaping deposit of between $1000.00 and $5000.00 may be required with
the submission of Development Permit Applications for Residential, Commercial
and Industrial Development. The amount of the deposit will be determined by the
Development Authority in relation to the scale of the project. The deposit will be
fully refundable after the first year of the completion of the development if the
landscaping conforms to the approved landscaping plan and meets with the
satisfaction of the Town's Development Authority.
(4)
Landscaping plans shall include the following information which adheres to the
following standards:
(a)
the final grading of the area and the placing and spreading of topsoil. In
particular:
(i)
the cross slope across boulevards shall be a minimum of two
percent (2%), and
(ii)
the drainage plan submitted with the landscaping plan shall
indicate that all areas to be landscaped shall be graded to drain to
the road, into catch basins, or into adjacent drainage easements.
Under no circumstances shall an area be designed, built, or
landscaped to drain from public property onto private property, or
from private property onto adjacent private property without
appropriate easements. In no instance will the Development
Authority approve a drainage plan that drains over a sidewalk and
curb;
(b)
all physical features, both existing and proposed, including: shrubs and
trees identified by their common name, and their size; grassed areas;
flower beds; berms showing contours; walls; fences; outdoor furniture;
surface utilities; water features; and decorative paving; and
(c)
playground equipment and public seating areas if the area forms part of a
communal amenity area.
(5)
The areas to be landscaped shall include all boulevards, buffer strips, drainage
easements, retention and detention ponds, walkways, and playgrounds.
(6)
Trees shall be planted on all buffers.
(7)
When the implementation of landscaping plans is a condition of the approval of a
development permit, all such landscaping and planting must be carried out, to the
satisfaction of the Development Authority, within two (2) months (weather
permitting) of the occupancy or the commencement of operation of the proposed
development.
(8)
The owner of the lot or his successors or assignees shall be responsible for proper
maintenance of the landscaping. If plant material does not survive a two (2) year
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maintenance period, commencing when the Development Authority determines
that the landscaping has been completed in accordance with approved plans, it
must be replaced with plant material of similar type and size.
(9)
Unless otherwise specified, plant material required in a landscape plan must meet
the following landscaping standards:
(a)
be hardy to the municipality and the proposed lot. The Horticultural
Standards of the Canadian Nursery Trades Association may be used as a
reference guide in selecting plants;
(b)
the proportion of deciduous to coniferous trees shall be approximately
60:40, unless the landscaping plan is prepared by a professional landscape
architect;
(c)
deciduous trees must have a minimum calliper width of 5.0 cm (1.9 in.)
measured 10.0 cm (3.9 in.) above the root ball;
(d)
coniferous trees must be a minimum height of 1.5 m (4.9 ft.) at the time of
planting measured from 10.0 cm (3.9 inches) above the root ball; and
(e)
shrub material, if deciduous, must have a minimum height of 60.0 cm
(23.6 in.) when planted and, if coniferous, must have a minimum spread of
40.0 cm (15.7 in.) when planted.
(10)
Where trees are required within a parking lot, they shall be provided in a ratio of
one (1) tree per five (5) parking spaces (single row parking) or one (1) tree per ten
(10) parking spaces (double row parking), and planted in landscaped islands.
These numbers may be varied at the discretion of the Development Authority.
(11)
Landscaped islands must be:
(a)
designed to protect all plant material from damage;
(b)
raised at least 15.0 cm (5.9 in.) above finished grade; and
(c)
finished with tree grates, ground cover vegetation, and/or hard
landscaping.
(12)
Approved tree species include:
COLORADO SPRUCE - Picea pungens
SCOTS PINE - Pinus sylvestris
LODGEPOLE PINE - Pinus contorta var. latifolia
SIBERIAN LARCH - Larix sibirica
WHITE SPRUCE - Picea glauca
NORWAY SPRUCE - Picea abies
SWISS STONE PINE - Pinus cembra
GREEN ASH - Fraxinus pennsylvanica
MANCHURIAN ASH - Fraxinus mandshurica 'Mancana'
BLACK ASH - Fraxinus nigra
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AMERICAN ELM - Ulmus americana
EUROPEAN MOUNTAIN ASH - Sorbus aucuparia
BUR OAK - Quercus macrocarpa
AMERICAN BASSWOOD (LINDEN) - Tilia americana
LITTLE LEAF LINDEN - Tilia cordata
THUNDERCHILD CRABAPPLE - Malus x 'Thunderchild'
IVORY SILK JAPANESE LILAC - Syringa reticulate 'Ivory Silk'
MORDEN HAWTHORN - Crataegus x mordenensis 'Toba'
RUSSIAN OLIVE - Elaeagnus angustifolia
LAUREL-LEAF WILLOW - Salix pentandra
SILVER MAPLE - Acer saccharinum
AMUR MAPLE - Acer ginnala
OHIO BUCKEYE - Aesculus glabra
SCHUBERT CHOKECHERRY - Prunus virginiana 'Schubert'
(13)
Other tree species may be allowed at the discretion of the Development Authority.
(14)
Landscaping must be located so that it will not have a negative impact on above
or below ground utilities.
(15)
No tree species with needles will be allowed within an island or the road right of
way.
(16)
Grading and Drainage
Grade differences between adjacent properties will not be excessive, and in no
case shall be more than 1.0 m (3.2 ft.) unless otherwise approved by the
Development Authority.
(17)
Additional Landscaping Requirements for Commercial, Industrial and
Institutional Uses
(a)
Upon occupancy of any development, a minimum topsoil coverage of 15
cm (5.9 in.) shall be provided. The affected area shall be landscaped to
the satisfaction of the Development Authority.
(b)
Off-street parking lots in any Commercial District shall be landscaped by
the planting of trees in a manner and number as required by the
Development Authority.
(c)
As a condition of approval of any development in a Commercial District,
Institutional District, or an Industrial District; the Development Authority
may require that the land not occupied by buildings or parking areas be
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landscaped to its satisfaction in order to implement the requirements of the
Municipal Development Plan.
(d)
When no lane separates commercial or industrial development from
residential development, a landscaped buffer between the uses shall be
required. A landscaped buffer may be required where a lane separates
such uses. The planting and width of the buffer shall be as required by the
Development Authority.
7.12 Lighting
Any proposed lighting shall be located and arranged so that light is not directed onto
adjacent properties.
7.13 Lot Grading and Drainage
In all cases, lot grades shall be established to not allow one lot or development to drain
onto an adjacent lot or development except where drainage conforms to an acceptable
local or subdivision drainage plan.
7.14 Noise
No use or operation shall create noise levels which exceed those measures prescribed in
municipal bylaws.
7.15 Nuisance
(1)
No activity may be undertaken on any lot which, in the opinion of the
Development Authority, constitutes a nuisance by reason of the generation of
vibration, heat, humidity, glare, smoke, dust, other particulate matter, or odour.
(2)
Lots and buildings in all Districts shall be maintained in a clean and tidy
condition, free from all rubbish and debris.
(3)
Garbage shall be stored in weather-proof and animal-proof containers and shall be
placed in a location or screened from adjacent lots and roads, in a manner that is
to the satisfaction of the Development Authority and shall be in a location easily
accessible for pick-up.
7.16 Objects Prohibited or Restricted in Yards
(1)
No person shall keep or permit in any part of any yard in any Residential District:
(a)
any dismantled, wrecked or unregistered vehicle for more than fourteen
(14) successive days;
(b)
any object or chattel which, in the opinion of the Development Authority,
is unsightly or tends to adversely affect the amenities of the District in
which it is located;
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(c)
any excavation, storage or piling up of materials required during
construction unless all necessary safety measures are undertaken, and the
owner of such materials or excavations assumes full responsibility to
ensure the situation does not prevail any longer than reasonably necessary
to complete a particular stage of construction work; or
(d)
any construction or farm machinery, except when such a vehicle is
required pursuant to a development permit for such uses on a parcel of
land;
(e)
a commercial vehicle or a commercial vehicle with a trailer attached,
loaded or unloaded, of a maximum weight in excess of 4000.0 kilograms
kg (8188.5 lbs.).
(2)
Subsection (1)(e) above does not apply if the vehicle is a commercial vehicle with
the hazard warning lamps alight and in the process of loading or unloading goods.
(3)
No person shall keep or permit the keeping in any part of any front yard in any
Residential District a commercial or recreational vehicle in excess of 2000 kg.
(4094.3 lbs).
(4)
No person shall keep or permit in a yard adjacent to a dwelling, on a recreational
vehicle site or in a recreational vehicle stall either:
(a)
a propane tank that is larger than 68.2 kg (150 lbs);
(b)
more than four (4) propane tanks; or
(c)
any number of propane tanks with a total capacity which exceeds 68.2 kg
(150 lbs) without first obtaining a development permit.
(5)
Notwithstanding Subsections (1) above, on residential
lots which are:
(a)
greater than 1.2 ha (3 ac.) in area; and
(b)
where the proponent can prove to the satisfaction of the Development
Authority that the location and use of the propane tanks meets acceptable
fire code and safety standards;
The Development Authority may, at its sole discretion, allow more than four (4)
propane tanks or any number of propane tanks with a capacity which exceeds 91.0
kg (200 lbs) to be located on a residential lot.
(6)
Notwithstanding Subsection (4) above, in the Commercial Districts and Parks and
Recreation District, where the applicant for a development permit can prove to the
satisfaction of the Development Authority that the location and use of the
proposed propane tanks meets acceptable fire code and safety standards as well as
emergency response requirements, the Development Authority may, at its sole
discretion, allow more than four (4) propane tanks or any number of propane
tanks with a total capacity which exceeds 91.0 kg (200 lbs) to be located either:
(a)
within an individual lot; or
(b)
within each recreational vehicle stall located in an approved
campground/recreational trailer park.
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(7)
All development permit applications to allow more than four (4) propane tanks, or
any number of propane tanks with a total capacity which exceeds 91.0 kg (200
lbs), to be located within individual stalls, in approved campground/recreational
trailer park, will be required to include an Emergency Response Plan, prepared by
the developer, at no cost to the Municipality. The Emergency Response Plan will
be circulated to the Town's Fire Department for approval prior to issuance of a
development permit.
(8)
Development permits issued for more than four (4) propane tanks or any number
of propane tanks with a total capacity which exceeds 91.0 kg (200 lbs) will only
be granted for a period of one year. New development permit applications must be
submitted annually if the proponent wishes to extend the development period.
(9)
Not more than two (2) recreational vehicles may be kept on a residential parcel at
any time. The year round placement of one (1) recreational vehicle on a lot in the
Residential District may be allowed without a development permit. An additional
recreational vehicle is only allowed on a lot for a period not to exceed fifteen (15)
days. A development permit is required for the time limit to be extended or for the
placement of a second recreational vehicle for any length of time.
(10)
A recreational vehicle or a utility trailer may be kept in a side or rear yard
provided it meets the setback requirements for accessory buildings in that district
unless the recreational vehicle or utility trailer is less than 2.0 m (6.56 ft.) in
height, then the required setback is nil.
(11)
On a residential site in a residential district, one large recreational vehicle or
utility trailer may be parked in the front yard or, in the case of a corner lot in the
flanking side yard, as long as the following conditions are met:
(a)
the most forward part of the body of the recreational vehicle or utility
trailer shall be set back at least 1.5 m (4.9 ft.) from the interior edge of the
sidewalk, or where no sidewalk exists, 1.5 m (4.9 ft.) from the interior
edge of the curb;
(b)
notwithstanding subsection (a) above, a 5th wheel recreational vehicle
shall be set back at least 0.5 m (1.6 ft.) from the interior edge of the
sidewalk, or where no sidewalk exists, 1.5 m (4.9 ft.) from the interior
edge of the curb;
(c)
the hitch of the recreational vehicle or utility trailer shall not encroach
over the interior edge of the sidewalk, or where no sidewalk exists shall be
setback at least 0.5 m from the interior edge of the curb;
(d)
the recreational vehicle or utility trailer shall be set back a minimum of 1.0
m from the side or rear property line; and
(e)
the recreational vehicle or utility trailer shall be parked on an approved
paved, concrete, or gravel driveway.
(12)
Where the manner in which a recreational vehicle is parked creates a safety or
liability issue, or a complaint is received from an impacted property, and the RV
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does not meet the requirements of Subsection (7) above, a development permit is
required and may be issued at the discretion of the Development Authority on a
case-by-case basis. Consideration of the development permit application will have
regard for the characteristics of the site and adjacent sites.
7.17 On-Site and Off-Site Services and Improvements
(1)
Where any on-site services or improvements, or any off-site local improvements
are required to service a proposed development, a developer shall not begin the
excavation for the foundation nor commence the development until the
Development Authority is satisfied that such services or improvements will be
undertaken. In order to satisfy the Development Authority the developer may be
required to enter into a development agreement with the Town as a condition of
development permit approval.
(2)
No development permit shall be issued for a development to be serviced by
private sewer and water systems until the systems have been approved by the
appropriate agency.
(3)
All future development areas must be serviced to the satisfaction of the
Development Authority and be consistent with the Town's Municipal
Development Plan and Master Servicing Study.
7.18 Parking and Loading Provisions
Notwithstanding the District Regulations in effect on a lot, the following regulations shall also
apply:
(1)
Location of Parking Facilities
An off-street parking area or accessory off-street parking area:
(a)
shall not be located within 1.0 m (3.3 ft.) of a lot line common to the lot
and to a road or highway;
(b)
shall be constructed so that adequate access to, and exit from each stall is
to be provided at all times by means of maneuvering aisles;
(c)
shall have necessary curb cuts located to the satisfaction of the
Development Authority;
(d)
in multi-family residential developments, shall not be located in the front
yard, unless otherwise approved by the Municipal Planning Commission.
(2)
Off-street Parking Areas
(a)
Unless otherwise approved by the Development Authority, each
development shall provide on its site a parking area containing, at a
minimum, the number of parking spaces as calculated from the following
table:
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PARKING REQUIREMENTS
USE OF BUILDING OR LOT
MINIMUM NUMBER OF PARKING
STALLS
RESIDENTIAL USES
Multi-family dwellings
Threeplexes, fourplexes, apartments and
ground-oriented multiple unit dwellings
1.5 per dwelling unit
Visitor parking
1 per five (5) units
Seniors apartments
2 for each 3 dwelling units
Boarding and lodging houses
1 per sleeping unit
Senior citizens homes
2 per 3 dwelling units
Secondary suites, garage suites and in-law
suites
1 per dwelling unit
All other dwellings (single family, duplex, row
housing)
2 per dwelling unit
Manufactured home parks
2 per manufactured home plus 1 visitor parking
space per 3 manufactured homes
Residential Uses above Commercial Uses
2 per dwelling unit
COMMERCIAL USES
General retail establishments and personal
service shops
1 per each 46 sq. m (495.2 sq. ft.) of gross
leasable floor space and one per two
employees on maximum shift
Eating and drinking establishments
Eating and drinking establishments
(except those as noted below)l
1 per 4 seating spaces or 1 per 3 employees,
whichever is greater
Drive-in restaurants
1 per each 3.0 sq. m (325 sq. ft.) of gross
leasable area or 1 per 5 seating spaces,
whichever is greater
Other drive-in businesses
8 stalls or as required by the Development
Authority
Hotels and motels
1 per sleeping unit and 1 per 3 employees on
maximum shift
Workcamps
1 per rentable unit plus 1 per 3 employees on
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maximum shift
Bed and breakfast establishments
1 per sleeping unit
Major and minor home occupations
1 in addition to the requirements for the
residential use
All other commercial uses
For the first 1,000 sq. m (10,764) sq. ft.
of gross leasable area
1 per each 30 sq. m (325 sq. ft.) of gross
leasable area
For the next 3,000 sq. m (32,291) sq. ft.
of gross leasable area
1 per each 20 sq. m (215 sq. ft.) of gross
leasable area
For the any additional gross leasable
area beyond 4,000 sq. m (43,055 sq. ft.)
1 per each 17 sq. m (183 sq. ft.) of gross
leasable area
PLACES OF PUBLIC ASSEMBLY
Auditoriums, halls, clubs, theatres and other
recreation places, places of worship,
spectator entertainment establishments,
spectator sports establishments
1 per 10 seating spaces
Indoor participant recreation services
1 per 3.5 seats or 3.1 per 10 sq. m (107.6 sq. ft)
of floor area used by patrons which ever is
greater.
Bowling alleys
4 per lane plus the requirements for accessory
uses
Curling rinks
8 per sheet
Health and fitness clubs
1 per each 10 sq. m (107.6 sq. ft) of floor area
Hockey rinks and swimming pools
1 per 3.5 seats or 1 per 5 sq. m (53.8 sq. ft) of
playing/water surface
Racket sports facilities
2 per court
SCHOOLS
Elementary and junior high schools
1 per school employee during regular school
hours plus 5 additional stalls
High Schools
4 per 10 students
Commercial Schools
1 per 10 seats plus auditorium requirements
were applicable
INDUSTRIAL USES
All industrial uses
1 per 3 employees on maximum shift, or as
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required by the Development Authority
HOSPITALS AND SIMILAR USES
Health Services and Hospitals
1 per each 93 sq. m (1001.1 sq. ft.) of gross
floor area, or 1 per 4 beds and one for every 2
employees on maximum shift, whichever is
greater
Extended medial treatment (sanatoriums,
convalescent homes, senior citizen lodges,
group care facilities, etc.
1 per every 2 guest rooms 1 visitor stall for
every 5 guest rooms 1 per each staff member
on largest shift
Nursing homes
1 per each 93 sq. m (1001.1 sq. ft.) of gross
floor area, or 1 per 4 beds and one for every 2
employees on maximum shift, whichever is
greater
Auxiliary Hospitals
1 per each 93 sq. m (1001.1 sq. ft.) of gross
floor area, or 1 per 4 beds and one for every 2
employees on maximum shift, whichever is
greater
Table 1: Parking Requirements
(b)
In the case of a use not specifically mentioned, the required number of on-
site parking spaces shall be the same as for a similar use as determined by
the Development Authority.
(c)
Where a development contains more than one use as listed, the required
number of parking spaces shall be the sum of the requirements for each of
the uses listed.
(d)
Where a fractional number of parking spaces are required, the next highest
number of spaces shall be provided.
(e)
If the Development Authority approves, one or more developments or uses
may pool their minimum required parking spaces within one or more
communal parking areas and may thereby collectively fulfill the
requirements of this Bylaw.
(f)
Handicap stalls may be required at the discretion of the Development
Authority.
(g)
Surfacing and Drainage
(i)
every off-street parking space being created, and the access
thereto, shall be hard-surfaced in the same or superior manner as
the adjacent road, highway, or lane as approved by the
Development Authority. If there is more than one access to the
parking space or spaces and, if the accesses have differing
surfaces, the parking spaces shall be surfaced in the same manner
as the more permanent surface, again, as required by the
Development Authority; and
(ii)
every commercial parking area shall be so graded and drained as to
dispose of all stormwater runoff. In no case shall drainage be
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allowed to cross a sidewalk unless permitted otherwise by the
Municipal Planning Commission.
(h)
Required Number of Off-Street Parking Spaces
(i)
Required parking spaces shall normally be provided on the same
lot as the development requiring the parking. The Municipal
Planning Commission may allow, at its sole discretion, the
Developer to provide the required parking spaces, or any portion
thereof, at a location other than the lot on which the development
requiring parking is taking place.
(ii)
At the sole option of the Development Authority, a developer shall
pay money to the municipality in lieu of providing parking spaces.
The amount of money will be determined by the Council after their
review of their plans and policies, as they may be, respecting the
provision of said money in lieu of providing parking spaces.
(i)
Change of Use of Building:
Additional parking stalls stay with lot. If the Municipal Planning
Commission decides that additional parking space is required, this cost is
the responsibility of the property owner.
(j)
Notwithstanding subsection (1) above, in the Primary Commercial (C-1)
District, the following provisions shall apply:
(i)
in the case of expansion to the floor area of an existing building,
additional parking spaces shall be required based on the size and
use of the expansion only;
(ii)
in the case of major renovations and architectural modifications to
an existing building, no parking spaces in addition to those existing
prior to undertaking the renovations or modifications shall be
required. In the case of a change in the use of an existing building,
no parking spaces in addition to those existing prior to t he change
in use shall be required provided that no alteration to the floor area
of the building occurs; and
(iii)
drainage shall only be allowed to cross sidewalks if approved by
the Development Authority.
(k) All parking spaces shall be clear of any access driveways, aisles, ramps,
columns, signs or other similar obstructions and shall conform to the
requirements shown in Table 2. (See Figure 23 following for definitions of
column headings)
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Parking
Angle in
Degrees
Width of Stall
Length of Stall
Perpendicular to
Manoeuvring
Aisle
Length of Stall
Overall Depth
Width of
Manoeuvring
Aisle (one-way)
A
B
C
D
E
0
6.2m (20.3ft.)
2.8m (9.2 ft.)
2.8m (9.2ft.)
9.1m (29.9ft.)
3.5m (11.5ft.)
30
2.8m (9.2ft.)
5.2m (16.9 ft.)
6.2m (20.3ft.)
13.82m (45.3ft.)
3.5m (11.5ft.)
45
2.8m (9.2ft.)
3.5m (11.5ft.)
6.2m (20.3ft.)
15.5m (50.9ft.)
3.5m (11.5ft.)
60
2.8m (9.2ft.)
6.5m (21.3ft.)
6.2m (20.3ft.)
18.4m (60.4ft.)
5.5m (18.0ft.)
90
2.8m (9.2ft.)
6.2m (20.3ft.)
6.2m (20.3ft.)
19.0m (62.3ft.)
7.0m (23.0ft.)
Table 2: Parking Area Design Requirements
Figures 26-29 illustrate the parking area design requirements identified in Table 2
Figure 26: Parking Area Design Requirements for 30 Degree Angle Stalls
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Figure 27: Parking Area Design Requirements for 45 Degree Angle Stalls
Figure 28: Parking Area Design Requirements for 60 Degree Angle Stalls
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Figure 29: Parking Area Design Requirements for 90 Degree Angle Stalls
(3)
Off-Street Loading Areas
(a)
Where a proposed development will, in the opinion of the Development
Authority, require pick-up or delivery of commodities, adequate space for
the loading and unloading of same shall be provided and maintained on
the lot.
(b)
When required by the Development Authority, loading spaces shall:
(i)
have dimensions of not less than:
Width
3.0 m (9.8 ft.)
Length
7.5 m (24.6 ft.)
Height above grade
4.2 m (13.8 ft.)
(ii)
provide vehicular access to, and egress from, a road, highway, or
lane such that no backing or turning movements of vehicles going
to or from the lot cause interference with traffic in the abutting
roads, highways, or lanes;
(iii)
be sited at an elevation or elevations convenient to a major floor
level in building or to a utility elevator serving each major floor
level;
(iv)
be so graded and drained as to dispose of all storm water runoff.
Drainage shall only be allowed to cross sidewalks if approved by
the Development Authority;
(v)
be paved or hard surfaced where a parking area is required to be
paved or hard surfaced;
(vi)
have adequate lighting to the satisfaction of the Development
Authority; and
(vii)
be screened on each side adjoining any Residential District by a
wall, fence, earth berm or hedge of not less than 1.5 m (4.9 ft.) and
not more than 2.0 m (6.5 ft.) in height.
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(c)
The number of loading spaces required to be provided in a development
shall be as follows:
USE OF BUILDING OR LOT
MINIMUM NUMBER OF
LOADING SPACES
COMMERCIAL STORES, RETAIL, INDUSTRIAL, WAREHOUSE OR SIMILAR USES
Retail use, industrial warehouse, or similar development
Less than less than or equal to 460 sq. m (4951.6
sq. ft.) of gross floor area,
1 space
For developments greater than 460 sq. m (4951.6
sq. ft.) and less than 2300 sq. m (24,757.8 sq. ft.) of
gross floor area
2 spaces
Each additional 2300 sq. m (24,757.8 sq. ft.) or
fraction thereof.
1 additional space
Neighbourhood Commercial Stores
1 space
Office buildings, places of public assembly, public convalescent homes, institutions,
clubs or lodges, public utilities, schools or for any other similar uses
Less than or equal to 2800 sq. m (30,139.9 sq. ft.) of
gross floor area
1 space
Each additional 2800 sq. m (30,139.9 sq. ft.) or
fraction thereof
1 additional space
RESIDENTIAL
Multifamily dwellings
All
1 per 20 dwelling units or a fraction
thereof
Table 3: Loading Stall Requirements
(d)
Any other building or use shall provide loading spaces as required by the
Development Authority.
(e)
Where a fractional number of loading spaces are required, the next highest
number of spaces shall be provided.
7.19 Projection over Required Yards
(1)
No accessory building, use, or parking space shall be located in the front yard of a
residential use without the approval of the Development Authority.
(2)
Except as provided in this Section and in Sections 7.3 and 7.4, and except for
fences, walls or hedges as noted in Section 7.8 no portion of a building shall be
located or project into a required minimum yard.
(3)
Required Minimum Front Yards
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The following features may project into a required minimum required front yard:
(a)
steps, eaves, gutters, sills, and chimneys, or other similar projections, with
the amount of the projection to be as allowed by the Development
Authority;
(b)
canopies over entrances to buildings, provided such projections are
cantilevered and do not exceed 1.0 m (3.2 ft.);
(c)
exterior balconies on apartments provided that:
(i)
they are cantilevered and not enclosed, and designed as an integral
part of the building; and
(ii)
they do not project more than 2.0 m (6.5 ft.) into the required
minimum front yard; and
(d)
any other features which, in the opinion of the Development Authority, are
similar to the foregoing.
(4)
Required Minimum Side Yards
The following features may project into a minimum required side yard; except
where a side yard of 3.0 m (9.8 ft.) is required for vehicular passage:
(a)
steps, chimneys and decks, provided such projection does not exceed fifty
percent (50%) of the width of the required minimum side yard;
(b)
patios, which can project to the side line;
(c)
verandas, porches, eaves, gutters, sills, bay or oval windows, chimneys, or
other similar projections, provided such projections do not exceed 0.6 m
(2.0 ft.);
(d)
canopies over entrances to buildings, provided such projections are
cantilevered and do not exceed 1.0 m (3.2 ft.);
(e)
exterior balconies on apartments provided that:
(i)
they are cantilevered and not enclosed, and designed as an integral
part of the building; and
(ii)
they do not project more than 1.0 m (3.2 ft.) into a required side
yard and in no case are closer than 2.0 m (6.5 ft.) to a side line; and
(f)
any other features which, in the opinion of the Development Authority, are
similar to the foregoing.
7.20 Relocation of Buildings
(1)
The relocation of an already constructed building or a partially constructed
building onto a lot, whether or not it is to replace a building, requires approval
from the Development Authority.
(2)
In making its decision on a development permit application to relocate an already
constructed or partially constructed building, the Development Authority shall
consider whether the building is compatible with the character of the
neighbourhood in which it is proposed to be located, and may refuse a
development permit if the building, in his sole opinion, is or will be incompatible
with the neighbourhood.
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7.21 Sour Gas Facilities
(1)
No development shall be permitted within 100 m (330 ft.) of a Level 1 sour gas
facility (consisting of a well) as determined by the Energy Resource Conservation
Board (ERCB).
(2)
No development shall be permitted within 500.0 m (1640.0 ft.) of a Level 2 sour
gas facility as determined by the ERCB.
(3)
No dwelling or unrestricted country development shall be permitted within 100.0
m (330.0 ft.) of a Level 3 or Level 4 sour gas facility (consisting of a well) as
determined by the ERCB.
(4)
No development, other than a dwelling or an unrestricted country development
shall be permitted within 1500.0 m (4920.0 ft.) of a Level 3 or Level 4 sour gas
facility as determined by the ERCB.
Figure 30: Sour Gas Setback Requirements
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7.22 Subdivision of Land
(1)
Where the development of land involves a subdivision of land, no development
permit shall be issued until the application has been approved by the Subdivision
Authority as per Section 652(1) of the Act and the subdivision has been registered
at the Land Titles Office.
(2)
Subject to subsection (3) below, any application to subdivide land in the
municipality shall conform with the Act, regulations made pursuant to the Act,
and this Bylaw.
(3)
The Subdivision Authority may approve an application for subdivision or a bare
land condominium plan even though the proposed subdivision or bare land
condominium plan does not comply with the regulations of this Bylaw if, in the
opinion of the Subdivision Authority:
(a)
the proposed subdivision or bareland condominium plan would not:
(i)
unduly interfere with the amenities of the neighbourhood, or
(ii)
materially interfere with or affect the use, enjoyment or value of
neighbouring parcels of land; and
(b)
the proposed subdivision or bareland condominium plan conforms with
the use prescribed for that land or building in this Bylaw.
7.23 Utility Easements
No development other than landscaping or a fence shall be constructed or placed on a
utility easement unless, in the sole opinion of the Development Authority, the
development does not restrict access to the utility easement for the purpose of installation
and maintenance of the utility.
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PART 8.0 - SPECIAL USE REGULATIONS
Notwithstanding the District Regulations in effect on a lot, the following regulations shall also
apply:
8.1
Accessory Building and Use Regulations
(1)
All accessory buildings and uses shall comply with all relevant provisions of this
Bylaw.
(2)
No person shall use, or permit an accessory building to be used as a dwelling unit,
except as a surveillance suites, where allowed in this Bylaw.
(3)
Accessory buildings shall be constructed either simultaneously with, or after, the
construction of the principal building on a lot or the commencement of the
principal use on a lot, and not before the principal building is constructed or the
principal use commences.
(4)
Where a building is attached to a principal building by a breezeway, a roofed
passage or an open or enclosed structure above grade, it is to be considered a part
of the principal building and not an accessory building, and all the minimum yard
requirements of the principal building shall apply. For the purposes of
determining the lot coverage percentage buildings which are attached to a
principal building will be considered part of the principal building.
(5)
No person shall construct or permit the construction of an accessory building, or
group of accessory buildings, such that, individually or collectively, the gross
floor area of the accessory building or buildings would:
(a)
along with the principal building, exceed the maximum lot coverage
allowed on the lot;
(b)
exceed the floor area of the principal building on the lot, or
(c)
exceed twelve percent (12%) of the lot area.
(6)
Accessory buildings shall not be located in a front yard.
(7)
Accessory buildings shall not be located on an easement or a utility right-of-way.
(8)
A temporary accessory building or fence may be permitted on a utility right-of-
way at the discretion of the Development Authority if a Development Permit is
approved and an encroachment agreement is signed to the satisfaction of the
Town.
8.2
Accessory Buildings in Districts Other Than Residential Districts
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(1)
In Districts other than Residential Districts, regulations governing the
development of accessory buildings shall be at the discretion of the Development
Authority, unless otherwise indicated in this Bylaw.
(2)
At the discretion of the Development Authority, a development permit may be
issued for the temporary erection of a factory-manufactured building for use as an
accessory building provided that the following additional conditions are met:
(a)
the development permit approval shall not be for a period of more than six
(6) months;
(b)
if an extension to the six (6) month period is desired by the applicant, the
applicant must submit a written extension request to locate the building for
a further six (6) months.
8.3
Accessory Buildings in Residential Districts, including Garages,
Sheds, Detached Decks, etc.
(1)
Unless otherwise provided, in Residential Districts:
(a)
an accessory building shall not exceed one storey or 4.5 m (14.8 ft.) in
height; and
(b)
where an open carport is attached to a dwelling, the minimum required
side yard may, at the discretion of the Development Authority, be reduced
to 1.2 m (3.9 ft.);
(2)
Accessory buildings in Residential Districts shall be located:
(a)
a minimum of 2.0 m (6.5 ft.) from the dwelling;
(b)
no closer to the front line than the front of the principal building except in
the case of double fronting or corner sites, in which case the minimum
required yard may be reduced to 4.5 m (14.8 ft.) from one front line, and
the minimum required side yard adjacent to the side line may be reduced
to 7.5 m (24.6 ft.) where, in the opinion of the Development Authority,
any adjacent developments would not be adversely affected;
(c)
no closer than 0.6 m (1.9 ft.) to the rear line, providing there is no
encroachment of any part of the building beyond the rear line, except that
where the vehicle doors of a garage face a lane abutting the lot, the garage
shall be no closer than 5.0 m (16.4 ft.) from the rear line;
(d)
no closer than 0.6 m (1.9 ft.) from the side line, excepting where a fire
wall is constructed along the boundary line between two garages located
within one building. In such a case, accessory buildings may be built
within 0.6 m (1.9 ft.) of the side line; and
(e)
such that no roof overhang is located within 0.3 m (1.0 ft.) of a side or rear
line (see Figure 31 for siting of accessory building requirements in the
residential districts).
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Figure 31: Accessory Building Setback Requirements in Residential Districts
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(3)
All decks and verandas in Residential Districts shall be located such that they do
not project into minimum required yards as established in Section 7.19.
(4)
Notwithstanding Subsection (3) above, any deck or veranda which the
Development Authority allows, at its sole discretion, to project into a minimum
required front yard in a Residential District, may be roofed but shall not be
enclosed.
8.4
Animal Care and Related Uses
(1)
These regulations shall apply to all animal care and related uses, including:
animal hospitals, and veterinary clinics.
(2)
The Development Authority shall require that development of these uses pay
particular attention to Sections 7.14 and 7.15 of this Bylaw, specifically noise and
odour which may cause nuisance or negative external impact. Pens, rooms, and
runs shall be adequately soundproofed.
(3)
Facilities which house animals overnight shall be equipped with an adequate
number of indoor exercise runs relative to the maximum number of animals that
can be housed.
(4)
A separate air extractor system shall be provided in the animal holding area where
heating and air conditioning is shared with other developments
8.5
Bed and Breakfast Establishments
(1)
A bed and breakfast establishment shall only be developed as an accessory use to
a dwelling unit.
(2)
A bed and breakfast establishment shall not change the principal character or
external appearance of the dwelling involved, and shall have a maximum of four
(4) sleeping bedrooms.
(3)
Cooking facilities shall not be located within the sleeping units.
(4)
In addition to the above, a bed and breakfast establishment shall comply with all
of the requirements for a major home occupation described in this Bylaw.
(5)
Notwithstanding Section 8.5(5) a bed and breakfast establishment may not exceed
eight (8) guests or four (4) customer vehicles parked on the lot at any one given
time.
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8.6
Car Washes
(1)
In addition to those locations permitted in this Schedule, a car wash may be
allowed as a discretionary use as part of a shopping centre if the Development
Authority is satisfied that it will not adversely affect an adjoining land use or
traffic circulation within and adjacent to the shopping centre.
(2)
The minimum lot area shall be 560.0 sq. m (6028.0 sq. ft.). In the case of service
stations or gas bars including car washes, minimum lot area shall be 1110.0 sq. m
(11,948.0 sq. ft.).
(3)
All lot and building requirements pertaining to drive-in businesses shall also
apply to car washes.
8.7
Conversion of Single Family Dwellings to Other Uses
(1)
In considering any application for the conversion of a single family dwelling into
another use, the Development Authority shall ensure that the Development
complies with the following requirements:
(a)
The use shall be listed as a permitted or a discretionary use in the District
in which the single family dwelling is located.
(b)
Off-street parking shall be located at the rear of the principal building
wherever possible and accessible from the lane only, except in the case of
a corner lot where parking may be allowed between the side of the
principal building and the road, if the parking is screened from adjacent
roads to the satisfaction of the Development Authority.
(c)
Where the conversion involves exterior renovation, such renovation shall
be of a nature which maintains a height, exterior finish, design and
coverage to the satisfaction of the Development Authority.
(d)
Existing healthy vegetation should be retained whenever possible and to
the satisfaction of the Development Authority.
(e)
All signs shall be in keeping with Section 8.33 of this Bylaw.
8.8
Day Use and Picnic Areas
(1)
A sufficient number of picnic tables, fire pits and garbage cans shall be provided
to accommodate the design capacity of the lot. Exact numbers shall be at the
discretion of the Development Authority.
(2)
The facility shall be designed and landscaped in order to minimize disturbance to
the natural environment and to protect heavy use areas from damage.
(3)
Where the day use area directly adjoins a residential development, adequate
screening or fencing, to the satisfaction of the Development Authority, will be
required between the uses.
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(4)
Parking areas should be physically separated from the rest of the day use or picnic
areas.
8.9
Drive-In Businesses
(1)
Location
(a)
A drive-in business may be located only where it can be shown, to the
satisfaction of the Development Authority that the development would
not:
(i)
impede safe traffic movement entering and exiting the lot;
(ii)
interfere with the functioning of surrounding roads or the
enjoyment of any neighbouring residential uses; and
(iii)
create unsafe traffic circulation on the lot.
(b)
A drive-in business may be located in a shopping centre or other multiple
use development at the discretion of the Development Authority.
(2)
Lot Area and Coverage
(a)
Except as provided in Subsection (b) hereof or Table 3, the minimum
parcel area shall be 600.0 sq. m (6458.0 sq. ft.), the minimum frontage
shall be 30.0 m (98.4 ft.), and the maximum floor area of buildings shall
be 90.0 sq. m (969.0 sq. ft.).
Parcel Area and Parcel Coverage Requirements for Drive-in Businesses
Type of Business
Parcel Area (Minimum)
Parcel Coverage (Maximum)
Drive-in Restaurant
600.0 sq. m (6458.0 sq. ft.)
20%
Gas Bars (not associated with
other developments)
60.0 sq. m (646.0 sq. ft.) for each
fuel pump not including the area
covered by buildings
15%
Service Stations
1200.0 sq. m (12,917.0 sq. ft.)
20% including pump islands
Car Washes
600.0 sq. m (6458.0 sq. ft.)
20%
Service Station & Car Wash
together
1200.0 sq. ft. (12,917.0 sq. ft.)
20%
Drive-through Vehicle Service
Establishment
600.0 sq. m (6458 sq. ft.)
20%
Table 4: Parcel Area and Parcel Coverage Requirements for Drive-in Businesses
(b)
Where a drive-in business forms part of a shopping centre of multiple use
development, the minimum parcel area, maximum parcel coverage, and
maximum building floor area may be varied at the discretion of the
Development Authority.
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(3)
Curb Cuts
(a)
The nearest edge of a curb cut to the property line on the adjacent road
shall be not less than 8.0 m (26.2 ft.).
(b)
The maximum width of the curb cut shall be 10.0 m (32.8 ft.).
(c)
The minimum distance between curb cuts on the same lot line shall be 6.0
m (19.6 ft.). The Development Authority may increase this minimum
distance for situations where, in his sole opinion, public safety or
convenience would be improved.
(4)
The minimum required distances between lot lines and any building shall be:
(a)
9.5 m (31.1 ft.) from the lot line to that part of the principal building used
as a drive-through building or as part of a drive-through;
(b)
6.0 m (19.6 ft.) from any lot line or parking areas to all pump islands;
(c)
3.0 m (9.8 ft.) from any lot line to canopies over pump islands or drive-
through aisles; and
(d)
for a drive-through development adjacent to a residential use or
Residential District:
(i)
10.0 m (32.8 ft.), or
(ii)
in the case of a car wash, 25.0 m (82.0 ft.), or
(iii)
such greater distance that the Development Authority deems
necessary in order to buffer the residential use or District from
noise, traffic or other impacts of the drive-through development.
(5)
Queuing Space
(a)
Queuing space and traffic circulation shall be provided in accordance with
the following:
Queuing Space Requirements for Drive-in Businesses
Type of Business
Inbound queuing Space
Requirements
Outbound Queuing Space
Requirements
Drive-through Development with
a Drive-up Service
3 per service window
1 per service window
Drive-through Vehicle Service
Establishment
4 per service bay
1 per service bay
Full Service Car Wash
4 or any such number as
required by the Development
Authority taking into
consideration the number of
wash bays
2 or any such number as
required by the Development
Authority taking into
consideration the number of
wash bays
Table 5: Queuing Space Requirements
(b)
Queuing spaces must allow for vehicle turning and manoeuvring.
(c)
Pump islands must be located to allow a through traffic lane with a
minimum width of 6.0 m (19.6 ft.).
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(d)
With the exception of a drive-through restaurant, a queuing space does not
include any space occupied by a motor vehicle during the provision of
service.
(6)
Lot and Building Requirements
(a)
All parts of the lot to which vehicles may have access shall be hard-
surfaced and drained to the satisfaction of the Development Authority.
(b)
The lot and all improvements thereon shall be maintained in clean and tidy
condition, free from rubbish and debris.
(c)
Receptacles for the purpose of disposing of rubbish and debris shall be
provided as required by the Development Authority.
(d)
A minimum of ten percent (10%) of the lot area of a drive-in business
shall be landscaped to the satisfaction of the Development Authority.
(e)
In addition to the fencing, landscaping, and environmental protection
requirements indicated in Section 7.6 a berm and/or fence shall be erected
and maintained by the developer of a drive-in business along any lot lines
abutting or across a lane or walkway from a Residential District.
(f)
If a car wash is located on a lot which abuts a residential use or a
Residential District, noise attenuation shall be provided to the satisfaction
of the Development Authority.
8.10 Garage Suites
(1)
A garage suite shall only be allowed on a lot occupied by a single family dwelling
or a duplex dwelling.
(2)
A garage suite is prohibited from being constructed within an apartment.
(3)
A maximum of one garage suite is permitted per dwelling unit where allowed.
(4)
Shared mechanical rooms and common areas shall be excluded from the floor area
calculation of the garage suite.
(5)
A garage suite includes, but not limited to, a food preparation area,
counter/cupboard space, sink, refrigerator, stove or provision of 220 volt wiring
and toilet with bathing facilities.
(6)
A garage suite has an entrance separate from the entrance to the garage, either
from a common indoor landing or directly from the exterior of the structure.
(7)
The minimum floor area for an at grade garage suite is 30.0 sq. m (322.9 sq. ft.).
(8)
The minimum floor area for an above grade garage suite is 30.0 sq. m (322.9 sq.
ft.).
(9)
At grade garage suites have a maximum height of 4.3 m (14.1 ft.).
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(10)
Above grade suites have a maximum height of 5.5 m (18.0 ft.) for suites with a
flat roof, and 6.5 m (21.3 ft.) for suites with a sloped roof, provided that the
maximum height is not higher than the height of the principal dwelling.
(11)
A minimum of three (3) on-site parking spaces - two (2) for the dwelling and one
(1) for the garage suite - are required. Tandem parking may be permitted at the
discretion of the Development Authority.
8.11 Group Homes, Day Homes and Child Care Facilities
(1)
All group homes, day homes, and child care facilities shall conform to regulations
under the Safety Codes Act and any other relevant Provincial legislation and
regulations.
(2)
In addition to all other regulations of this Bylaw, a group home development shall
comply with the following regulations:
(a)
The maximum number of residents shall be established by the
Development Authority who shall have regard for the nature of the group
home and the density of the District in which it is located.
(b)
In making a decision on a development permit for a group home, the
Development Authority shall consider, among other matters, if the
development would be suitable for the location proposed, taking into
account: potential traffic generation, proximity to a park or other open or
recreation areas, isolation of the proposed location from other residential
uses, buffering or other techniques designed to limit any interference with
other uses or the peaceful enjoyment of their properties by nearby
residents, and consistency in terms of intensity of use with other
development in the area.
(c)
The group home shall not generate pedestrian or vehicular traffic or
parking in excess of that which is characteristic of the District in which it
is located.
(3)
In addition to all other regulations of this Bylaw, a child care facility development
and a day home development shall comply with the following regulations:
(a)
The maximum number of children for which care may be provided in a
child care facility shall be established by the Development Authority who
shall have regard for the nature of the facility, the density of the District in
which it is located, potential increases in traffic, and the location of the use
in relation to other uses in the area of the development.
(b)
The maximum number of children for which care may be provided in a
day home shall be established by the Development Authority who shall
have regard for the nature of the day home, the density of the District in
which it is located, potential increases in traffic, and the location of the use
in relation to other uses in the area of the development.
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(c)
Notwithstanding subsection (3)(b) above, the number of children within a
day home established within a dwelling unit in any Residential District
shall conform to provincial standards.
(d)
A child care facility shall not be the main use of a building within any
Residential District.
(e)
A child care facility in any non-residential District shall be in a separate
facility, either within the main building on the lot or in an accessory
building, with a separate access to ground level and an adjacent
playground area.
8.12 Home Occupations
(1)
Home occupations shall not be allowed on a lot except as an accessory use to a
residential use, and further, shall not be allowed on a lot unless a dwelling unit is
located on the lot on which the home occupation is to be located.
(2)
All development permits issued for home occupations shall be revocable at any
time by the Development Authority, if, in their opinion, the home occupation is or
has become detrimental to the amenities of the neighbourhood in which it is
located or if there is any change or intensification of the home occupation as
originally approved.
(3)
The Development Authority may, in his sole discretion, place time limits on the
period for which a development permit for a home occupation is valid.
(4)
All home occupations shall comply with the following requirements:
(a)
No home occupation shall change the principal character or external
appearance of the dwelling involved or of any accessory buildings.
(b)
Home occupations shall be incidental and subordinate to the principal use
of the dwelling.
(c)
No more than 20% or 30 sq. m (323 sq. ft.), whichever is less, of the
dwelling unit shall be occupied by the home occupation.
(d)
There shall be no outdoor business activity, or outdoor storage of material
or equipment associated with the home occupation allowed on the lot.
(e)
The home occupation shall not create any nuisance by way of noise, dust,
odour, or smoke, or anything of an offensive or objectionable nature.
(f)
There shall be no mechanical or electrical equipment used which creates
external noise, or visible or audible interference with home electronics or
computer equipment in adjacent dwellings.
(g)
When a development permit is issued for a home occupation, such permit
shall be terminated should the applicant vacate the property for which the
permit has been issued.
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(h)
Pedestrian or vehicular traffic or parking, shall not, in the opinion of the
Development Authority, be generated in excess of that which is
characteristic of the District in which the home occupation is located.
(i)
Only one (1) commercial vehicle, of a capacity not exceeding 1.0 tonne
(2400 lbs), shall be used in conjunction with the home occupation, or
parked or maintained on the lot or on the road in proximity to the lot.
Truck trailers or vehicle accessories or equipment shall not be allowed.
(j)
Home occupations shall not involve:
(i)
activities that use or store hazardous material in quantities
exceeding those found in a normal household; or
(ii)
any use that would, in the opinion of the Development Authority,
materially interfere with or affect the use, enjoyment, or value of
neighbouring properties.
(5)
A major home occupation shall also comply with the following regulations:
(a)
There may be a limited volume of on-premises sales; however, no
commodity other than the product of the business shall be sold on the
premises.
(b)
Pedestrian or vehicular traffic or parking, shall not, in the opinion of the
Development Authority, be generated in excess of that which is
characteristic of the District in which the major home occupation is
located.
(c)
The number of non-resident employees or business partners working on-
lot shall not exceed one (1) at any time.
(d)
The number of clients or customers on-site shall not exceed four (4) at any
time and the number of clients shall not exceed twenty (20) per week.
(e)
Storage related to the business activity and the business activity itself may
be allowed in either the dwelling or accessory buildings.
(f)
The major home occupation shall not be allowed if, in the opinion of the
Development Authority, such use would be more appropriately located in
a Commercial or an Industrial District, having regard for the overall
compatibility of the use with the residential character of the area.
(g)
The dwelling in which a major home occupation is located may have one
fascia sign placed on the dwelling, providing that the sign does not exceed
0.4 sq. m (4 sq. ft.) in area.
(6)
A minor home occupation shall also comply with the following regulations. If the
minor home occupation complies with all bylaw requirements for a minor home
occupation then a development permit is not required. If the minor home
occupation does not comply with all applicable regulations then it shall be
considered to be a major home occupation and an approved development permit
will be necessary to operate:
(a)
All sales relating to the minor home occupation shall occur off the
premises.
(b)
No person shall be employed on-site other than a resident of the dwelling
unit.
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(c)
There shall be no more than five (5) client or customer visits to the minor
home occupation per week.
(d)
Storage related to the business activity and the business activity itself shall
only be allowed inside the dwelling and not in an accessory building or
outside on the lot. A minor home occupation does not involve the display
of goods in the interior of the residence.
(e)
There may not be a sign relating to a minor home occupation.
8.13 Industrial Development
(1)
An application for the establishment of an industrial use shall be considered by
the Development Authority after requesting advisory comment by the provincial
authorities and agencies that the Development Authority may deem, in his sole
discretion, to have an interest. The Development Authority shall request that such
comments be made in writing.
(2)
Each application for an industrial use shall be accompanied by the following
information related to the application, in addition to the information required
pursuant to Section 3.4 of this Bylaw:
Type of industry
Size of buildings
Number of employees
Estimated water demand and anticipated source
Type of effluent and method of treatment
Transportation routes to be used (rail and road)
Reason for specific location
Any accessory works required (pipeline, railway spurs, etc.)
and/or any such other information as may be reasonably required
by the Development
Authority.
(3)
All site regulations and requirements shall be based upon the type of industrial
development proposed, and shall be at the discretion of the Development
Authority, in accordance with the District in which the lot is located.
8.14 In-law Suites
(1)
An in-law suite shall only be allowed on a lot occupied by a single family
dwelling or a duplex dwelling.
(2)
An in-law suite is prohibited from being constructed within an apartment.
(3)
A maximum of one in-law suite is permitted on any single detached dwelling or
duplex lot.
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(4)
Shared mechanical rooms and common areas shall be excluded from the floor area
calculation of the in-law suite.
(5)
An in-law suite includes, but not limited to, a food preparation area,
counter/cupboard space, sink, refrigerator, stove or provision of 220 volt wiring
and toilet with bathing facilities.
(6)
An in-law suite does not have an entrance separate from the entrance to the main
dwelling.
(7)
A minimum of three (3) on-site parking spaces - two (2) for the dwelling and one
(1) for the in-law suite - are required. Tandem parking may be permitted at the
discretion of the Development Authority.
8.15 Large Wind Energy Conversion Systems
(1)
A large wind energy conversion system may be an accessory building on a lot
where an industrial use is the principal use. A large wind energy conversion
system may also, where indicated as a permitted or discretionary use within a
District, be a principal use on a lot.
(2)
Prior to making a decision on an application for a development permit for a large
wind energy conversion system, the Development Authority shall consider input
from:
(a)
any adjacent municipality should the proposed development be located
within 2 km (1.2 miles) of the municipality; and
(b)
landowners within 2 km (1.2 miles) of the proposed development.
(3)
Should a large wind energy conversion system discontinue producing power for a
minimum of two (2) years, the system operator shall be required to provide a
status report to the Development Authority. The Development Authority may
then require that the system be decommissioned. Failure to comply with a
decommissioning requirement shall be considered to be a breach of this Bylaw,
and subject to the enforcement provisions of Section 5.1 of this Bylaw.
(4)
Property line setbacks
(a)
The turbine base shall be no closer to the property line than four times the
height of the wind turbine tower. Where in the opinion of the
Development Authority the setback from the property line should be
varied, the Development Authority may require an acoustical study to
establish appropriate setbacks.
(b)
A large wind energy conversion system shall comply with all the setbacks
related to roads and highways that govern the principal use in the District
in which it is located.
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(c)
Where, in the opinion of the Development Authority, the setbacks referred
to in Section 8.15(3)(b) above are not sufficient to reduce the impact of a
large wind energy conversion system from a road or highway, the
Development Authority may increase the required setback.
(5)
Minimum Vertical Blade Clearance
The minimum vertical blade clearance from grade shall be 7.4 m (24.3 ft.) for a
large wind energy conversion system employing a horizontal axis rotor unless
otherwise required by the Development Authority.
(6)
Public Safety Requirements
To ensure public safety, the Development Authority may require that:
(a)
a secure fence not less than 1.8 m (5.9 ft.) in height with a lockable gate
surround a large wind energy conversion system tower if the tower is
climbable or subject to vandalism that could threaten tower integrity;
(b)
no ladder or permanent tower access device be located less than 3.7 m
(12.1 ft.) from grade;
(c)
a locked device be installed on the tower to preclude access to the top of
the tower; and
(d)
such additional safety mechanisms or procedures be provided as the
Development Authority may consider reasonable and appropriate.
The use of tubular towers, with locked door access, may, at the sole discretion of
the Development Authority, make unnecessary the above requirements.
(7)
All power lines on the site of a large wind energy conversion system to the power
grid or a power substation will be underground except where the Development
Authority specifically approves overhead or above grade installations.
(8)
Appearance
(a)
Unless otherwise required by the Development Authority, a large wind
energy conversion system shall be finished in a non-reflective matte and in
a colour which minimizes the obtrusive impact of a system to the sole
requirements of the Development Authority.
(b)
No lettering, advertising or other symbol shall appear on the towers or
blades. On other parts of the large wind energy conversion system, the
only lettering or symbol allowed will be the manufacturer's and/or
owner's identification or symbol and then, only upon the approval of and
at the sole discretion of the Development Authority.
(9)
The Development Authority may approve a large wind energy conversion system
on a case-by-case basis having regard for:
(a)
information provided in the application;
(b)
the proximity of the proposed development to other land uses;
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(c)
the cumulative effect of all wind energy conversion systems approved or
proposed in the area;
(d)
underlying utilities; and
(e)
information received from the circulation of the application and from the
public.
(10)
Traffic Safety Regulations
Large wind energy systems must comply with applicable air traffic safety
regulations. A statement on compliance by the applicant is sufficient. Transport
Canada must be notified of the location (latitude and longitude) and height of all
wind turbine installations through the aeronautical clearance application process.
Small wind turbine towers shall not be artificially lit except as required by
Navigation Canada.
8.16 Manufactured Home Parks
The following regulations also apply to manufactured home parks:
(1)
Manufactured home stalls shall be located at least 3.0 m (9.8 ft.) from a property
boundary line. This 3.0 m (9.8 ft.) wide strip shall be landscaped and/or fenced to
the satisfaction of the Development Authority.
(2)
All roadways shall be curb and gutter, hard surfaced, and constructed and
maintained to the satisfaction of the Development Authority. Minimum right-of-
way width shall be 9.0 m (29.5 ft.).
(3)
A safe, convenient, all season pedestrian walkway of at least 1.0 m (3.2 ft.) in
width shall be provided for access between individual manufactured homes, the
park roadways, and all community facilities provided for park residents.
(4)
Visitor parking spaces shall be provided at a ratio of at least one (1) space for
every five (5) manufactured homes. The visitor parking shall be located at
convenient locations throughout the manufactured home park, and shall not be
used for the storage of boats, trailers, etc.
(5)
The design of manufactured home parks shall be to the satisfaction of the
Development Authority.
(6)
All utilities shall be provided underground to stalls.
(7)
A minimum of 5% of the gross lot area shall be devoted to recreational use.
(8)
All areas not occupied by manufactured homes and their additions, internal
roadways, footpaths, driveways, permanent buildings and any other developed
facilities shall be fully landscaped to the satisfaction of the Development
Authority. Screen fences or walls shall be erected where deemed necessary by
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the Development Authority around maintenance yards, refuse collection points
and playgrounds.
(9)
No part of the park shall be used for non-residential purposes except for home
occupations and such uses as are required for the direct servicing and well being
of the park residents and for the management and maintenance of the park.
(10)
Each stall shall be clearly marked off by means of stakes, countersunk steel posts,
fences, curbs or hedges.
(11)
Street lighting shall be to the same standard as that in a conventional residential
neighbourhood.
(12)
Manufactured homes shall be separated from each other by at least 6.1 m (20.0
ft.) in all directions. Any porch or addition to the manufactured home shall be
regarded as part of the manufactured home for the purpose of this separation.
8.17 Manufactured Homes
(1)
Manufactured homes shall have Canadian Standards Association Z-240
Certification.
(2)
All accessory structures, such as patios, porches, additions and skirtings, shall be:
(a)
designed and erected as to harmonize with the manufactured homes;
(b)
considered as part of the main building; and
(c)
erected only after obtaining a Development Permit.
(3)
A manufactured home shall be skirted from the floor level to the ground level.
The skirting shall match the external finish of the manufactured home.
(4)
The maximum allowed floor area of porches and additions shall be proportionate
to the floor area of the manufactured home, and this relationship shall be
determined by the Development Authority.
(5)
No accessory building or use, other than parking spaces, shall be located in the
front yard of a manufactured home stall or a lot on which a manufactured home is
located.
(6)
The following regulations apply to manufactured homes located in all
subdivisions:
(a)
the hitch and wheels are to be removed from the manufactured home;
(b)
all manufactured homes shall be placed on a foundation or base. The
manufactured home is to be attached by means of bolting or otherwise to
the foundation, base, or ground; and
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8.18 Micro Wind Energy Conversion Systems
(1)
A micro wind energy conversion system may be an accessory building on a lot
where any other use is the principal use. A micro wind energy conversion system
may also, where indicated as a permitted or discretionary use within a District, be
a principal use on a lot.
(2)
Notwithstanding any other provisions in this Land Use Bylaw, micro wind energy
conversion systems, which are systems which have a rated capacity of less than
0.5 KW, may only be roof mounted or ground mounted within a side or rear yard.
(3)
Micro wind energy conversion systems shall be required to conform to set back
requirements for accessory buildings.
(4)
Maximum height shall be the maximum height provisions that apply within the
district in which the micro wind energy conversion system is located.
(5)
Number per lot
One micro wind energy conversion system is allowed per lot. A second system
may be permitted at the discretion of the Development Authority if the applicant
can demonstrate that there is adequate room on the lot.
8.19 Motels
(1)
Notwithstanding the provisions of the District in which it is located, a motel shall have a
minimum required front yard of 6.0 m (19.6 ft.).
(2)
Notwithstanding any other provisions of this Bylaw to the contrary, a minimum of 10%
of the lot area of a motel development shall be landscaped in accordance with Section
7.11 and to the satisfaction of the Development Authority.
8.20 Multiple Dwelling Developments
(1)
Before any application for development of row housing or an apartment
development can be considered, the applicant must submit to the Development
Authority:
(a)
design plans and working drawings, including elevations, which have been
done or endorsed by a registered architect; and
(b)
site plans showing the proposed:
(i)
location and position of structures on the lot, including any "For
Rent" or identification signs,
(ii)
location and number of parking spaces, exits, entries, and drives
from roads, lanes, or highways, and
(iii)
landscape plan of the entire lot that shall also show intended
surfacing for drives and parking areas.
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(2)
The aforementioned plans will append the application. If the development permit
is approved, the plans shall be deemed conditions of approval. The Development
Authority may require that security be provided to ensure that the conditions are
satisfied.
(3)
The relationship of buildings to each other and to the landscape, in particular such
matters as architectural appearance, the provision of light, air, privacy, and
landscaping, shall be shown upon the site plans. All this information shall be
provided to the satisfaction of the Development Authority.
8.21 Neighbourhood Commercial Developments
(1)
Small mixed-use commercial developments, such as neighbourhood convenience
stores may be allowed to locate in Residential Districts provided the development
meets all of the other regulations of this Bylaw and, further, that the development:
(a)
does not include as part of its operation a gas bar or vehicular servicing
component; and/or
(b)
is situated on a corner lot with safe access to a collector road (see Figure
32).
(2)
The façade of a structure containing a commercial or mixed-used building, such
as a corner store, located in a Residential Area must be integrated with the
surrounding residential area.
(3)
The height of a mixed use commercial/residential building in a residential district
may not exceed twice the height and massing of the adjacent buildings.
Figure 32: Mixed Use Commercial Residential Building
8.22 Places of Worship
(1)
Minimum front, side and rear yards shall be those required within the District in
which the place of worship is located.
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(2)
A place of worship may be located in any District even if it has not been listed as
a permitted or discretionary use if it is an accessory use to a permitted or
discretionary use in that District.
(3)
Notwithstanding any other provision of this Bylaw to the contrary, a portion of
the required minimum number of parking spaces may be located on a lot other
than that of the subject place of worship if it is demonstrated to the satisfaction of
the Development Authority that such off-site parking spaces are available for the
use of the patrons of the place of worship.
(4)
All places of worship shall abut a road which is designated an arterial road or a
major collector road in the municipality's Municipal Development Plan, or an
arterial road, a major collector road or a minor collector road in an Area Structure
Plan.
8.23 Private Swimming Pools and Hot Tubs
(1)
A private swimming pool or hot tub may be an accessory building on a lot where
a residential use, a commercial use, a public use, or an institutional use is the
principal use. A private swimming pool or hot tub may also, where indicated as a
permitted or discretionary use within a District, be a principal use on a lot.
(2)
Notwithstanding any other provision of this Bylaw to the contrary, a development
permit is required prior to the commencement of the installation or construction of
a private swimming pool or hot tub.
(3)
Private swimming pools and hot tubs shall not be located within any required
minimum front yard.
(4)
Every private swimming pool or hot tub shall be secured against entry by the
public other than owners, tenants, or their guests.
(5)
No private swimming pool or hot tub may be constructed except within an
enclosed building unless it is entirely fenced, except that a wall of a building may
be considered to replace any part of the required fence provided that the wall is a
minimum of 1.8 m (5.9 ft.) in height for the length that it replaces the fence.
(6)
Every fence enclosing a private swimming pool or a hot tub constructed outside
of an enclosed building shall be 1.8 m (5.9 ft.) in height or, at the discretion of the
Development Authority, higher, and shall be of appropriate design to limit the
ability of persons to use the fence parts to climb the fence or to crawl through or
under the fence. Gates shall be equipped with a self-latching device and a lock
mechanism located on the inside of the gate.
(7)
No barbed wire or electrification of any part of a fence or gate enclosing a
swimming pool or hot tub shall be allowed.
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8.24 Recreational Trailer Parks
(1)
Each recreational vehicle parking stall shall be a minimum width of 10.0 m (32.8
ft.) and a minimum area of 250.0 sq. m (2691.0 sq. ft.).
(2)
As a condition of approval, the Development Authority shall require the
developer to obtain any necessary permits and approvals from all regulatory
authorities and agencies having jurisdiction, including any necessary approvals
pursuant to the Alberta Safety Codes Act that may be applicable.
(3)
All internal roads shall be the responsibility of the Developer for both
construction and future maintenance. Also, internal roads shall have a minimum
of a 6.0 m (19.6 ft.) usable top, except for one-way roads, which shall have a
minimum of a 3.6 m (12.0 ft.) usable top.
(4)
The developer shall provide on-site potable water supply which meets all
applicable provincial water requirements.
(5)
The developer shall provide sewage disposal facilities in accordance with the
Town of Viking's Master Servicing Study as well as all applicable provincial
regulations.
(6)
The developer shall be required to enter into a development agreement with the
Town as a condition of development approval. The development agreement will
include provisions requiring the developer to construct, upgrade, or pay to
construct or upgrade the necessary Town roads to access the development when
determined necessary by the Development Authority.
(7)
At the discretion of the Development Authority, the developer shall designate an
area up to ten percent (10%) of the total recreational vehicle campground area as a
playground. This area is to be clearly marked and free from all traffic hazards.
(8)
All stalls shall maintain a minimum set back of 30.0 m (98.4 ft.) from the
shoreline of any body of water.
(9)
The maximum number of recreational vehicles permitted per stall shall normally
be one (1).
(10)
A site plan and landscaping plan detailing the protection of existing treed areas
and topography is required prior to the issuance of a development permit.
(11)
Spaces for day use, picnicking and similar activities shall be suitably organized,
clearly marked and constructed to the satisfaction of the Development Authority.
(12)
All other requirements shall be as required by the Development Authority.
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(13)
Minimum Yard Setbacks:
Front, side, corner and rear yard setbacks shall be 7.6 m (25.0 ft.) or 10% of the
lot width, whichever is lesser.
8.25 Recreational Vehicles Located in Recreational Trailer Parks
(1)
No recreational vehicle, whether located within a recreational trailer park or on a
lot, may have associated with it any more than two (2) accessory structures,
buildings, or other paraphernalia, in addition to fences, benches, fire pits, and
picnic tables. A small shed with a maximum size of 18.58 sq. m (200.0 sq. ft.),
and a screened or roofed patio around or beside the recreational vehicle is
permitted.
(2)
No structure accessory to a recreational vehicle shall be used as sleeping quarters.
Except for a recreational vehicle on a lot, the total gross floor area or ground area covered
by all accessory structures, buildings or other paraphernalia (other than those
indicated in subsection 1 above) shall not exceed 50% of the RV lot size.
8.26 Relocation of Buildings
(1)
The relocation of an already constructed building or a partially constructed
building on a new site requires approval from the Development Authority.
(2)
In making its decision on a development permit application to relocate an already
constructed or partially constructed building, the Development Authority shall
consider whether the building is compatible with the character of the
neighbourhood in which it is proposed to be located, and may refuse a
development permit if the building, in their opinion, is or will be incompatible
with the neighbourhood.
8.27 Sea Cans
(1)
A sea can may be an accessory building on a lot where a principal use is located.
A sea can may not be located on a lot where there is not a principal use.
(2)
The placement of a sea can on any lot in the Town requires a development permit.
(3)
A maximum of one (1) sea can may be allowed, at the discretion of the
Development Authority on residential parcels under 1 ac (0.4 ha) in size.
(4)
On residential lots greater than 0.05 ac (0.2 ha) additional sea cans may be
allowed at the discretion of the Development Authority.
(5)
The maximum number of sea cans that may be placed on a commercial or
industrial lot is at the discretion of the Development Authority.
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(6)
Sea cans cannot be stacked. The maximum height for a sea can allowed on a lot
is 3.0 m (9.8 ft.).
(7)
Sea cans cannot be used as a dwelling unit of any form within the Town.
(8)
No human or animal habitation will be permitted within a sea can.
8.28 Secondary Suites
(1)
A secondary suite shall only be allowed on a lot occupied by a single family
dwelling or a duplex dwelling.
(2)
A secondary suite is prohibited from being constructed within apartment housing.
(3)
A maximum of one secondary suite is permitted per dwelling unit where allowed.
Shared mechanical rooms and common areas shall be excluded from the floor area
calculation of the secondary suite.
(4)
A secondary suite includes, but not limited to, a food preparation area,
counter/cupboard space, sink, refrigerator, stove or provision of 220 volt wiring
and toilet with bathing facilities.
(5)
A secondary suite has an entrance separate from the entrance to the principal
dwelling, either from a common indoor landing or directly from the exterior of the
structure.
(6)
A secondary suite may include the conversion of a portion of existing space in the
principal dwelling, the addition of new floor space to an existing dwelling or the
construction of an accessory building.
(7)
The minimum parcel size for a secondary suite is 360.0 sq. m (3875.0 sq. ft.) in
size.
(8)
There is no minimum lot width requirement for secondary suites.
(9)
The minimum area for a secondary suite is 30.0 sq. m (322.9 sq. ft).
(10)
A secondary suite cannot exceed the maximum height of the principal dwelling.
(11)
Prior to development permit approval the developer must submit, along with an
application for a development permit a parking plan that indicates the location and
size of the on-site parking spaces.
(12)
A minimum of three (3) on-site parking spaces - two (2) for the dwelling and one
(1) for the secondary suite - are required. Tandem parking may be permitted at
the discretion of the Development Authority.
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8.29 Service Stations (including Gas Bars)
(1)
Service stations or gas bars shall be located in such a manner that:
(a)
no entrance or exit thereto for motor vehicles shall be located within 60.0
m (196.8 ft.) of an entrance to or exit from a fire hall, school, playground,
library, church, hospital, children's or senior citizen's home, or other
similar public or quasi-public institution;
(b)
no part of a building or of any pump or other accessory use shall be
located within 6.0 m (19.6 ft.) of a side or a rear line;
(c)
the minimum required front yard shall be 12.0 m (39.3 ft.), and no
gasoline pump shall be located closer than 6.0 m (19.6 ft.) to the front line;
and
(d)
storage tanks shall be set back from adjacent buildings in accordance with
regulations passed pursuant to the Fire Protection Act.
(2)
Lot Area and Coverage
(a)
The minimum lot area shall be 930.0 sq. m (10,010.7 sq. ft) and the
maximum building coverage shall be 20% of the lot area. When a car
wash is included, the minimum lot area shall be 1110.0 sq. m (11,948.3 sq.
ft).
(b)
When a service station or gas bar is part of a shopping centre, the ratio of
building space to parking space shall be as required by the Development
Authority.
(3)
Lighting
Any lighting proposed to illuminate off-street parking areas shall be located and
arranged so that all direct rays of light are directed upon the lot only and not on
any adjoining properties.
(4)
Use and Maintenance of Service Station or Gas Bar Lot and Buildings
The owner, tenant, operator, or person in charge of a service station or gas bar
shall, at all times:
(a)
be prohibited from the carrying on of the business of a public garage or
parking garage (provided, however, that this shall not prevent the use of
garage space for storage), or of any business or activity which is
obnoxious or offensive, or which may constitute a nuisance or annoyance
to persons occupying lands in the immediate vicinity of the lot by reason
of undue dust, noise, gases, odour, smoke, or vibration;
(b)
be responsible for the proper, safe, and orderly operation of the service
station or gas bar, and of motor vehicles using the service station or gas
bar or being repaired or serviced thereat, and without restricting the
generality of the foregoing, shall ensure:
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(i)
that the parking of motor vehicles does not obstruct the
sidewalks and boulevards abutting or adjacent to the
service station or gas bar, and
(ii)
that motor vehicles are able to enter and leave the service
station or gas bar only at the entrances and exits provided
for such purposes and not elsewhere; and
(c)
maintain on the boundaries of the lot, where required by the Development
Authority, a fence not less than 1.5 m (4.9 ft.) in height.
8.30 Shopping Centres
(1)
The maximum building height shall be 10.7 m (35.1 ft.) or two (2) storeys,
whichever is greater.
(2)
The maximum floor area shall be equal to the lot area; however, all other
regulations of this Bylaw, such as required yards, parking and loading
requirements, etc. shall be adhered to.
(3)
Refer to Section 8.33 for sign provisions affecting shopping centres.
(4)
All shopping centres shall satisfy the Development Authority as to:
(a)
the orientation, exterior design, and architectural appearance of buildings;
(b)
the location of development in relation to adjacent land uses;
(c)
vehicular traffic flow patterns within and access to and from the lot;
(d)
safe pedestrian access and egress within the lot and from any pedestrian
way; and
(e)
the location of exterior signs.
(5)
A shopping centre shall only contain those uses listed as permitted or
discretionary uses within the District in which the shopping centre is located.
(6)
The Development Authority may require any other matters, regulations, or
conditions relating to the development as, in his opinion, are necessary, having
regard to the nature of the proposed shopping centre development and adjacent
land uses.
8.31 Show Homes
(1)
In addition to the requirements of Section 3.0 of this Bylaw, a development
permit application for a show home shall be accompanied by information
indicating:
(a)
the location of the proposed sales office if applicable;
(b)
the location and area intended for the show home; and
(c)
proposed parking, exterior lighting and signs.
(2)
Development permits shall be issued for a maximum of one (1) year only, and if
the operator wishes to continue the use, must be renewed on an annual basis.
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(3)
The appearance of the building shall, in the opinion of the Development
Authority, be compatible with the character of other buildings in the vicinity.
8.32 Sidewalk Cafes
(1)
A sidewalk cafe may be an accessory building or use on a lot where an eating and
drinking establishment is located as a principal or an accessory use. A sidewalk
cafe may not be located on a lot where there is not an eating or drinking
establishment.
(2)
A sidewalk café permit is normally valid from the date of issuance for one (1)
year. However, at the sole discretion of the Development Authority, s
development permit for a sidewalk café may be issued for a period longer than
one (1) year.
(3)
Sidewalk cafés shall not operate earlier than 7:00 AM nor later than 12:00 AM
unless the hours of the establishment are more restricted by operation of law or
otherwise, in which case, the establishment's more restrictive hours shall control.
(4)
All sidewalk café employees shall be subject to and comply with all applicable
requirements and standards for a retail food establishment:
(a)
Patrons must wear shoes and shirts at all times.
(b)
All sidewalk cafés must have an opening for ingress and egress at all
times.
(c)
All sidewalk cafés must adhere to the size, design, and any other
specifications approved by the Town at all times. Strict adherence to
required design standards as set forth herein is mandatory.
(d)
Strict adherence to hours of operation, approved layout of all components
of the sidewalk café, clear space for pedestrians and required landscaping
is mandatory.
(5)
Where the Town has installed a permanent structure such as a parking meter,
planter, light pole or other device, the developer of the sidewalk café shall make
accommodation for the required clearance for pedestrian passage. Developers of
sidewalk cafés shall be mindful of the rights of pedestrians travelling past their
sidewalk café at all times during the operation of the sidewalk café. Complaints
regarding sidewalk cafés will be investigated by the Town and violations of the
regulations promulgated will result in citations being issued to the developer
and/or revocation of a developer's sidewalk café permit.
(6)
All areas within and surrounding the sidewalk café must be maintained in a clean,
neat and sanitary condition and shall be policed routinely by the developer to
ensure removal of all wrappings, litter, debris and food there from. Daily sanitary
cleaning of the sidewalk café is required. Sidewalks within and adjacent to the
sidewalk café must be washed down and cleaned on a daily basis. The developer
shall not wash garbage cans or any other container, or other personal property of
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any nature on the sidewalks. All cleaning must be performed in accordance with
applicable federal and state regulations.
(7)
The Development Authority and/or the Bylaw enforcement officer will inspect all
sidewalk cafés after permits have been issued and the café is in operation. Any
violations of the provisions of these rules and regulations, or any deviation from
approved plans or willful omissions of the application will result in citations being
issued to the operator and/or revocation of developer's sidewalk café permit.
(8)
Any developer or his or her employees, agents or contractors who violate or resist
enforcement of any provision of the sidewalk café ordinance and/or these rules
and regulations may be subject to immediate permit revocation by the Town
and/or shall be subject to a fine of not less than that set forth in PART 5.0 of the
Town of Viking Land Use Bylaw provided that each day that such violation
continues shall be deemed a separate and distinct offence. These fines shall be in
addition to any expenses incurred for restoration or repair of the public right-of-
way, which shall be the responsibility of the developer.
THE ISSUANCE OF A SIDEWALK CAFÉ PERMIT IS A PRIVILEGE GRANTED BY
THE TOWN OF VIKING. TOWN OF VIKING REQUIRES COMPLIANCE WITH
ALL RULES AND REGULATIONS AS WELL AS TO HAVE RESPECT FOR THE
COMMUNITY IN WHICH THE CAFÉ IS LOCATED. THE DEVELOPMENT
AUTHORITY AND BYLAW ENFORCEMENT OFFICERS WILL MONITOR THE
OPERATION OF SIDEWALK CAFÉS AND ARE EMPOWERED TO ISSUE
CITATIONS FOR BYLAW VIOLATIONS.
(11)
The developer shall be required to maintain a current Town of Viking business
license.
(12)
The developer shall be required to abide by all federal and provincial laws, rules
and regulations applicable to the operation of a Sidewalk Café in the Town of
Viking (i.e. Alberta Gaming and Liquor Commission and Regional Health
Authority)
8.33 Signs
In addition to the other regulations of this Bylaw, the following additional regulations shall apply
to signs:
(1)
Limitations
(a)
Except as provided in Section 3.2 of this Bylaw, no person shall erect,
relocate or structurally alter or enlarge any sign, including an election
sign, unless he has complied with the requirements of this Schedule and
any other relevant provisions of this Bylaw, and has been issued a
development permit in respect thereof.
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(b)
The Development Authority may issue a development permit for a sign as
part of the development permit for the use or the building to which the
sign pertains, provided the development permit application indicates that
there is to be a sign and provided further that all information requirements
for a development permit application for a sign are met to the satisfaction
of the Development Authority.
(2)
Information Requirements for a Development Permit for a Sign
In addition to the requirements of Sections 3.4(1) and 3.4(4) of this Bylaw, a
development permit application for a sign shall include the following information:
(a)
a letter of consent from the property owner;
(b)
two copies of colour drawings, drawn to scale, showing the sign, any
structural supports, and the dimensions, thickness, area, and colours, of the
sign;
(c)
any animation, moving copy, or other moving features of the sign, if
applicable;
(d)
method of illumination, if applicable;
(e)
mounting details;
(f)
the location and size of all other existing and proposed signs on the
building façade or lot,
(g)
mounting heights and clearances to grade; and
(h)
the amount of projection of the sign from a building, if any.
(3)
Signs as Permitted or Discretionary Uses
(a)
No sign, other than an off-site sign in the Districts indicated in subsection
(b) below, or a sign which is otherwise exempted from the requirement of
obtaining a development permit as indicated in Section 3.2 of this Bylaw,
shall be allowed unless it is accessory to an existing use.
(b)
Notwithstanding any other provision of this Bylaw to the contrary, except
as otherwise indicated in this Schedule, off-site signs shall be considered
to be discretionary uses in the Central Commercial (C1) District, in the
Secondary Commercial (C2) District, in the Highway Commercial (C3)
District, in the Industrial (M) District, and in the Urban Reserve (UR)
District.
(4)
Procedures for the Consideration of Development Permit Applications for Signs
All development permit applications for signs shall follow the process outlined in
Sections 3.4 and 3.5 of this Bylaw and be subject to appeal if applicable in
accordance with Part 4 of this Bylaw.
(5)
General Sign Regulations
(a)
A sign shall not be erected, operated, used or maintained if, in the opinion
of the Development Authority:
(i)
its position, size, shape, colour, format or illumination obstructs
the view of, or may be confused with, an official traffic sign, signal
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or device or other official sign, or otherwise poses a potential
hazard to traffic;
(ii)
it displays lights which may be mistaken for the flashing lights
customarily associated with danger or with those used by police,
fire, or other emergency vehicles; or
(iii)
it would be situated within a sight line protection area defined in
Section 7.4 of this Bylaw.
(b)
A sign shall be integrated with the building on which it is to be located
and compatible with the general architectural lines and forms of the
nearby buildings or of adjoining developments.
(c)
Where possible, signs shall not cover architectural details such as arches,
sills, mouldings, cornices and transom windows.
(d)
A sign or sign structure shall be set back a minimum of 0.5 m (1.6 ft.)
from any lot line and no part of a sign may encroach onto the adjacent lot
or a road or lane.
(e)
Except as otherwise specified in this Bylaw, the maximum area of any
sign shall be 18 sq. m (193.6 sq. ft.).
(f)
A maximum of five (5) signs may be allowed on a lot, including
temporary signs and portable signs.
(g)
Signs will not be allowed on fences in Residential Districts or in
Commercial Districts.
(6)
Care and Maintenance of Signs
(a)
All signs shall be maintained in good and safe structural condition and
shall be periodically repainted.
(b)
Where the Development Authority determines that a sign is abandoned or
in an overall state of disrepair he may, by notice in writing to the owner of
the land on which the sign is located and, if it is indicated on the sign, the
owner or operator of the sign, order the owner of the land and the owner or
operator of the sign to:
(i)
remove the sign and all related structure components within what
the Development Authority deems to be a reasonable period of
time; or
(ii)
take such measures as he may specify in the notice to alter and/or
refurbish and/or repair the sign.
(c)
Failure to remove the sign or to comply with the measures specified in the
notice described in subsection (6)(b) above may result in the issuance of a
violation ticket as described in Section 5.1(6) of this Bylaw.
(d)
The notice described in subsection (6)(b) above shall be considered to be a
stop order for the purposes of subsections (1) to (5), both inclusive, of
Section 5.1 of this Bylaw.
(7)
A-Frame Signs
(a)
Notwithstanding any other provision of this Bylaw to the contrary, A-
frame signs shall be allowed only in Commercial Districts.
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(b)
The maximum area of each A-frame sign face shall be 0.7 sq. m (7.5 sq.)
ft.). (Figure 27 illustrates area and height requirements for A-frame
signs.)
(c)
The maximum height of an A-frame sign shall be 1.0 m (3.2 ft.).
(d)
No more than one (1) A-frame sign shall be allowed per business frontage.
(e)
Where the back of an A-frame sign is visible, it shall be suitably painted
or otherwise covered to present a neat and clean appearance. Angle iron
shall not be open to public view unless finished in an aesthetically
pleasing manner to the satisfaction of the Development Authority.
(f)
The area around an A-frame sign shall be kept clean. All vegetation shall
be cleared away to a distance of at least 1.5 m (4.9 ft.) around the A-frame
sign.
(g)
A-frame signs are not to be used in conjunction with projecting signs at
grade level.
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Figure 33: A-Frame Sign Requirements
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(8)
Canopy Signs
Where a canopy is constructed solely as a support structure for a sign, the
following regulations shall be adhered to:
(a)
The maximum area of all canopy signs on one face of a canopy shall not
exceed 50% of the area of the face of the canopy.
(b)
The bottom of the canopy shall be not less than 2.5 m (8.2 ft.) above
grade.
(c)
No part of the canopy shall project over a road or lane.
(d)
Unless otherwise approved by the Development Authority, the vertical
dimension of the canopy shall not exceed 1.5 m (4.9 ft.).
(e)
Signs suspended under a canopy shall have a vertical clearance of a
minimum of 2.5 m (8.2 ft.) from grade.
(f)
Each tenant of a building shall be allowed one (1) under-canopy sign of no
more than 0.5 sq. m (5.4 sq. ft.) in area.
(g)
All canopy signs shall be erected in such a manner that the structural
support elements are designed to appear as an integral part of the overall
sign design and concealed such that no angle iron bracing, guide wires or
similar support elements are visible from a road or lane.
(9)
Freestanding Signs
(a)
The sign area for a single or multi-faceted freestanding sign shall be the
average of the total area of all freestanding sign faces.
(b)
One (1) freestanding sign per business frontage may be erected on a lot
having a minimum business frontage of 15.0 m (49.2 ft.) at road level.
(c)
Notwithstanding Subsection (b) above, a maximum of one (1) freestanding
sign may be allowed per lot except:
(i)
where a lot has more than a 90.0 m (295.2 ft.) frontage, one (1)
additional freestanding sign may be erected for each additional
90.0 m (295.2 ft.) or portion thereof of frontage abutting the
developed portion of the said lot, or
(ii)
where a lot is considered by the Development Authority to be a
double fronting lot, each frontage may have freestanding signs
providing that the freestanding signs are at least 90.0 m (295.2 ft.)
apart.
(d)
The total sign area of all freestanding signs on a lot shall not exceed 0.3
sq. m (3.2 sq. ft.) in area for each lineal metre of frontage, to a maximum
of 12.0 sq. m (129.2 sq. ft.).
(e)
The maximum height of a freestanding sign shall be 7.0 m (22.9 ft.).
(f)
Where a freestanding sign and a projecting sign are located along the same
frontage of a lot, a minimum distance of 10.0 m (32.8 ft.) shall be
maintained between the signs.
(g)
Any support structure for a freestanding sign shall be set back a minimum
of 0.3 m (1.0 ft.) from any lot line and no part of the freestanding sign
itself shall encroach onto or overhang an adjacent lot, road or lane.
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(10)
Portable Signs
(a)
Any support structure for a portable sign shall be set back a minimum of
0.5 m (1.6 ft.) from any lot line and no part of a portable sign shall
encroach onto or overhang an adjacent lot, road or lane.
(b)
No more than one (1) portable sign shall be located on a lot.
(c)
Notwithstanding subsection (b), one (1) portable sign may be allowed for
each business in a multiple-occupancy development provided that no
portable sign is located closer to another than 15.0 m (49.2 ft.).
(d)
All portable signs shall be double-faced.
(e)
No portable sign shall exceed a height of 2.5 m (8.2 ft.) above grade.
(f)
Portable signs shall not be placed on a lot so as to conflict with or take up
space for parking, loading, or walkways.
(g)
Notwithstanding any other provision of this Bylaw to the contrary,
portable signs shall not be allowed in the Urban Reserve (UR) District or
in any Residential District.
(h)
Portable signs shall not be allowed on otherwise vacant lots unless
advertising the sale of the property on which the portable sign is located.
(i)
No portable sign shall be allowed at any location where the intent is to
have the portable sign seen from a highway or the direct access or egress
from a highway.
(11)
Projecting Signs
(a)
No projecting sign shall project over another lot, a road, or a lane.
(b)
A projecting sign shall have a vertical clearance of a minimum of 2.5 m
(8.2 ft.) from grade.
(c)
No more than one (1) projecting sign of 0.5 sq. m (5.4 sq. ft.) in size shall
be allowed for each frontage of a commercial or industrial use.
(d)
All projecting signs shall be erected in such a manner that the structural
support elements are designed to appear as an integral part of the overall
sign design and concealed such that no angle iron bracing, guy wires, or
similar support elements are visible from a road.
(12)
Roof Signs
(a)
Roof signs must be manufactured and erected in such a way that they
appear as an architectural feature and they shall be finished in such a
manner that the visual appearance from all sides makes them appear to be
part of the building itself.
(b)
No supporting structure for a roof sign shall be visible to the public unless
finished in an aesthetically pleasing manner to the satisfaction of the
Development Authority.
(c)
All roof signs shall be set back a minimum of 1.0 m (3.2 ft.) from the edge
of the building on which the roof sign is located.
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(13)
Wall Signs
(a)
The portion of a wall which can be used for or which can be covered by a
wall sign on the front of a building shall be the space defined by the
following lower and upper limits:
(i)
the lower limit of the portion shall be the lower limit of the lintel or
the window head of the first storey, but in no case lower than 2.4 m
(7.8 ft.) above grade,
(ii)
in the case of a one storey building, the upper limit of the portion
shall be either:
(A)
the roofline of a flat-roofed building, or, where there is an
existing majority of wall signs which exceed the roofline,
the upper limit of such existing wall signs,
(B)
a maximum of 0.8 m (2.6 ft.) above the line of the eaves, if
there is a parapet wall, provided that the sign does not
project above the upper edge of the parapet, or
(C)
the line of the eaves,
(iii)
in the case of a building that is not a one storey building, the upper
limit of the portion shall be the window sill of the second storey or,
in the absence of any windows on the second storey, 0.8 m (2.6 ft.)
above the floor elevation of the second storey.
(b)
Notwithstanding subsection (a) above, a wall sign may be located either:
(i)
below the area defined in subsection (a)(i) above, provided:
(A)
the sign consists of individual letters, symbols, or logos that
are directly attached to the building face,
(B)
the sign states no more than the name of the building or the
principal tenant of the building, and
(C)
the sign area does not exceed 20% of the building face
below the area defined in subsection (a)(i) above,
(ii)
between the second storey window lintel and the third storey
window sill, or, in the case of a two storey building, between the
second storey window lintel and the roof or parapet, provided:
(A)
the sign states no more than the name of the building or the
principal tenant of the building, and
(B)
the sign area does not exceed 2.5 sq. m (26.9 sq. ft.), or
(iii)
above the third storey window sill, provided:
(A)
the sign states no more than the name of the building or
principal tenant of the building, and
(B)
there is no more than one (1) sign per building face above
the third storey.
(c)
A wall sign may be allowed on the side wall of a building facing a road
where a development is located on a corner site provided that the sign is
integrated with the other signage on the building and is of the same height
and width.
(d)
Any other location for a wall sign shall be at the discretion of the
Development Authority, who shall have consideration for the aesthetic
quality and compatibility of the proposed wall sign with adjacent
developments.
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(14)
Signs in or Adjacent to Residential Districts
(a)
Except as provided in subsections (b) and (c) below, no sign shall be
permitted in Residential Districts except for places of worship, schools or
other public institutions.
(b)
An approved major home occupation may display a sign, not larger than
0.2 sq. m (2 sq. ft.) on the dwelling. If outside, the sign shall be placed
flat against the wall of the dwelling. Alternatively, the sign may be
displayed from the inside of a window of the dwelling.
(c)
One (1) freestanding sign per lot may be allowed for the purpose of
identifying the name of a multi-family dwelling, a manufactured home
park, a neighbourhood, or a subdivision, provided:
(i)
the sign area does not exceed 5.0 sq. m (53.8 sq. ft.),
(ii)
the height of the sign does not exceed 2.0 m (6.5.ft.),
(iii)
the sign is not internally illuminated, though it may be lit from the
front.
(d)
Name or number signs shall have a surface area of no more than 0.3 sq. m
(3 sq. ft.).
(e)
Illuminated signs shall not be allowed and, when an illuminated sign is
located in a District adjacent to a Residential District, the illumination
from that sign shall be deflected away from the Residential District.
(f)
When, in the sole opinion of the Development Authority, a proposed sign
in any District adjacent to a Residential District might be objectionable to
a resident in the Residential District, the Development Authority may
impose such other requirements as he, in his sole opinion, deems
necessary, to protect the amenities of the Residential District.
(15)
Signs Relating to Institutional Uses
In any District where a place of worship or a school or another institutional use is
allowed, one (1) sign of not more than 5.0 sq. m (53.8 sq. ft.) in area shall be
allowed to be erected on the lot occupied by the place of worship, school, or other
institutional use.
(16)
Signs Relating to Shopping Centres
One (1) pole sign or one (1) ground identification sign, but not a lighted sign of
the flashing or animated type, not exceeding 10.7 m (35.1 ft.) in height shall be
allowed on shopping centre location, provided that no portion of the sign shall
project over a road or lane.
(17)
Inflatable Signs
(a)
A small inflatable style sign can be placed on an approved temporary sign
location, and does not require a development permit, provided it is, no
larger than 5.5 sq. m (59.2 sq. ft) as applicable.
(b)
Larger inflatable signs require that a discretionary development permit be
applied for, and approval obtained before installation.
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(c)
One inflatable sign may be located on a lot and must be tethered or
anchored so that it is touching the ground surface to which it is anchored.
(d)
The maximum height of an inflatable sign shall be the allowed height of a
freestanding sign for the lot.
(e)
An inflatable sign can only be located on a lot twice in a calendar year and
not for longer than 30 consecutive days.
(f)
Inflatable signs cannot be located on the roof of a structure.
8.34 Small Animal Breeding and Kennels
(1)
A small animal breeding facility or kennel which is to be located closer than
305.0 m (1,000.6 ft) from a residence which is not related to the proposed
development shall be considered a discretionary use notwithstanding the use
provisions contained within this Bylaw.
(2)
No small animal breeding or boarding facility for dogs shall be permitted on a
residential parcel less than 2.02 ha (5.0 ac.) in area.
(3)
Pens, rooms, exercise runs and holding stalls may be required to be soundproofed
to the satisfaction of the Development Authority.
(4)
All facilities applications may be referred to the local Health Authority or animal
control agency.
(5)
No facility or exterior exercise runs that are used to accommodate the animals
may be located within 6.1 m (20.0 ft) of any property line of the parcel on which
the facility is to be sited adjacent to a residential development or property.
(6)
All exterior exercise areas (runs) may be required to be enclosed with a fence
acceptable to the Development Authority.
(7)
All dog facilities, including buildings and exterior exercise areas, may be required
to be sited to the satisfaction of the Development Authority.
(8)
The Development Authority may regulate the hours that dogs are allowed
outdoors.
(9)
The Development Authority may regulate the number of animals based on size
and type of animals, size of parcel and proximity to other residences. Pups under
six (6) months shall not be included in the number.
(10)
Facilities which house animals overnight shall be equipped with an adequate
number of indoor exercise runs relative to the maximum number of animals that
can be housed.
(11)
A separate air extractor system shall be provided in the animal holding area where
heating and air conditioning is shared with other developments.
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8.35 Small Radio Communications Facilities
(1)
A small radio communications facility may be an accessory building on a lot
where a commercial or an industrial use is the principal use. A small radio
communications facility may also, where indicated as a permitted or discretionary
use within a District, be a principal use on a lot.
(2)
A small radio communication facility, where allowed as a discretionary use under
this Bylaw, shall require an application for a Development Permit and may be
approved provided that the structure and apparatus:
(a)
has Industry Canada approval;
(b)
is camouflaged and, as far as possible, has the appearance and aesthetic of
other buildings permitted in the District;
(c)
meets the setback requirements of the District or meets setback
requirements that are satisfactory to the Development Authority;
(d)
is limited to a maximum height of 18.0 m (59.0 ft.) at its highest point. The
height of a ground-mounted antenna and support structure shall be
determined by measurement from the point at which the support structure
enters the typical ground surface to the top of the antenna at its highest
position;
(e)
is a free-standing, ground-mounted unit;
(f)
is located in a rear yard only;
(g)
is not illuminated, nor shall it have attached to it any advertising, graphics,
flags or other elements unrelated to its function as a component of a radio
signal transmitting and receiving device; and
(h)
is landscaped to screen the base of the antenna and reduce the negative
visual impact on adjacent properties. The Development Officer may
require screening and landscaping around the lower portion of the support
structure where, in the opinion of the Development Officer, such measures
would reduce potential negative visual impact of the structure on adjacent
properties.
(3)
Notwithstanding Subsecction (2)(e) above, a roof-mounted unit shall be allowed
where the applicant can demonstrate that a ground-mounted unit would prohibit
adequate transmission or reception of radio signals. The antenna and support
structure of a roof-mounted unit shall be installed on the roof of a building to a
maximum combined height of 18.0 m (59.0 ft.) from the typical ground surface to
its highest point.
(4)
All small radio communications facilities shall have landscaping that reflects the
typical landscaping in the District.
(5)
The development of all small radio communications facilities shall follow the
regulations of Industry Canada including public consultation as required.
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8.36 Small Wind Energy Conversion Systems
(1)
A small wind energy conversion system may be an accessory building on a lot
where a residential use, a commercial use, a public use, an institutional use, or an
industrial use is the principal use. A small wind energy conversion system may
also, where indicated as a permitted or discretionary use within a District, be a
principal use on a lot.
(2)
Wind Turbine Tower Height
For property sizes between 0.1 ha (0.25 acre) and 0.2 ha (0.5 acre) the wind
turbine tower height shall be limited to 25.0 m (82.0 ft.). For property sizes of 0.2
ha (0.5 acre) or more, there is no limitation on wind turbine tower height, subject
to the set-back requirements below, and provided that the application includes
evidence that the proposed height does not exceed the height recommended by the
manufacturer or any distributor of the system.
(3)
Property line setbacks in the Urban Reserve District
The turbine base shall be no closer to the property line than the height of the wind
turbine tower, and no part of the system structure, including guy wire anchors,
may extend closer than three 3.0 m (9.8 ft.) to the property boundaries of the
installation location. Additionally, the outer and innermost guy wires must be
marked and clearly visible to a height of 2.0 m (6.5 ft.) above the guy wire
anchors. The Development Authority may waive setback requirements from
adjacent properties if such adjacent property owner agrees to grant an easement
binding on current and future owners.
(4)
Property line setbacks in the Residential and Commercial Districts
The turbine base shall be no closer to the property line than the height of the wind
turbine tower, and no part of the system structure may extend closer than 3.0 m
(9.8 ft.) to the property boundaries of the installation location. The Development
Authority may waive setback requirements from adjacent properties if such
adjacent property owner agrees to grant an easement binding on current and future
owners. Mounting using guide wires shall not be permitted in any Residential
District, any Commercial District, the Public Service District, the Parks and
Recreation District, or any Direct Control District.
The applicant will be required to provide the Development Authority with
information regarding the proposed means of mounting the turbine prior to
development approval.
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(5)
Noise
The mean value of the sound pressure level from small wind energy systems shall
not exceed more than 6.0 decibels (dBA) above background sound, as measured
at the exterior of the closest neighbouring inhabited dwelling (at the time of
installation or during operation), for wind speeds below 35.4 kph (22 mph) as
measured under normal circumstances which would exclude short-term events
such as utility outages and/or severe wind storms.
(6)
Compliance with Building Code
Development permit applications for small wind energy systems shall be
accompanied by standard drawings of the wind turbine structure, including the
tower, base, footings, anchoring method and drawn to scale. An engineering
analysis of the wind turbine tower showing compliance with the International
Building Code and certified by a licensed professional mechanical, structural, or
civil engineer shall also be submitted. Documentation of this analysis supplied by
the manufacturer shall be accepted.
(7)
Compliance with Air Traffic Safety Regulations
Small wind energy systems must comply with applicable air traffic safety
regulations. A statement on compliance by the applicant is sufficient. Transport
Canada must be notified of the location (latitude and longitude) and height of all
wind turbine installations through the aeronautical clearance application process.
Small wind turbine towers shall not be artificially lit except as required by
Navigation Canada.
(8)
Compliance with Existing Electric Codes
Building permit applications for small wind energy conversion systems shall be
accompanied by a line drawing of the electrical components in sufficient detail to
allow for a determination that the manner of installation conforms to existing
electrical codes. This information is frequently supplied by the manufacturer.
(9)
Utility Notification
No small wind energy conversion system that is tied into a grid shall be installed
until evidence has been given that the utility has been informed of the customer's
intent to install an interconnected customer-owner generator. A copy of a letter to
the applicant's utility is sufficient. No response or evidence of approval from the
utility is required. Off-grid systems and grid-tied systems that are not capable of
feeding onto the grid with advanced control grid fault protection and disconnect
switches covered under the electrical code shall be exempt from the requirement.
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(10)
Number per lot
One small wind energy conversion system is allowed per lot. A second system
may be permitted at the discretion of the Development Authority if the applicant
can demonstrate that there is adequate room on the lot.
8.37 Solar Energy Collection Systems
(1)
A solar energy collection system may be an accessory building on a lot where any
other use is the principal use. A solar energy collection system may also, where
indicated as a permitted or discretionary use within a District, be a principal use
on a lot.
(2)
Location
Ground mounted solar collectors shall be located in a side or rear yard only.
(3)
Solar Access Requirements
When a solar energy collection system, which generates a minimum of 1 kilowatt
of energy, is installed on a lot, accessory structures or vegetation on an abutting
lot shall not be located so as to block the solar collector's access to solar energy.
The portion of a solar collector that is protected is the portion which:
(a)
is located so as not to be shaded between the hours of 10:00 a.m. and 3:00
p.m. by a hypothetical 3.66 m (12 ft.) obstruction located on the lot line;
and
(b)
has an area not greater than one-half of the heated floor area of the
structure, or the largest of the structures, to be served.
(4)
Solar Access Exemptions
Section 8.37(3) above does not apply to structures or vegetation existing in an
abutting lot at the time of installation of the solar energy collection system, or the
effective date of this bylaw, whichever is later. Said subjection controls any
structure erected on, or vegetation planted in, abutting lots after the installation of
the solar energy collection system.
8.38 Surveillance Suites
(1)
Surveillance suites shall not be allowed on a lot as an accessory use unless
specifically listed as a permitted or as a discretionary use within the District
within which the lot is located. Surveillance suites shall not be allowed on a lot as
a principal use.
(2)
A surveillance suite which is not located attached to or within the principal
building shall be located:
(a)
a minimum of 2.0 m (6.5 ft.) from any buildings;
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(b)
a minimum of 3.0 m (9.8 ft.) from the rear and side lines; and
(c)
no closer to the front line than the principal building.
(3)
A surveillance suite may be a manufactured home. Where it is a manufactured
home, the manufactured home shall be secured to a foundation and properly
skirted to the satisfaction of the Development Authority.
(4)
The maximum floor area of a surveillance suite shall be 32.6 sq. m (351.0 sq. ft.).
(5)
The design and quality of the exterior treatment of the surveillance suite shall be
compatible with any other buildings existing on the property and shall be to the
satisfaction of the Development Authority.
8.39 Wireless Communications Facilities
(1)
A wireless communications facility may be an accessory building on a lot where a
commercial or an industrial use is the principal use. A wireless conversion
system may also, where indicated as a permitted or discretionary use within a
District, be a principal use on a lot.
(2)
The Town will encourage developers of wireless communications facilities to
demonstrate good planning and design with foremost regard to safety of the
general public; adherence to established construction standards in industry;
minimizing impacts to the natural environment; minimizing the visual impacts on
nearby residents; and ensuring public consultation in the early development
stages. A letter of support will be provided to licensing and approving authorities
for applications meeting these criteria. A letter of non-support will be provided to
licensing and approving authorities for applications not meeting these criteria.
(3)
Developers of a wireless communications facility that plan for the facility and can
accommodate other wireless operators on the lot will be given priority status.
(4)
The application for development of a wireless communications facility is
encouraged to engage existing owner/operators of these structures for co-location
opportunities. Existing operators are encouraged to participate in the process by
charging reasonable rates for this privilege.
(5)
Applications for development of structures outside of the Alberta Building Code
such as lattice towers shall include a document from authoritative sources
demonstrating structural adequacy of the specified structure for the location and
loading defined in the application. Such authorities include: the Canadian
Standards Association and qualified structural engineers. Stamps and Seals of
approval shall accompany the documentation.
(6)
Guyed-tower structures are to be located on properties that allow for a distance
from the base to boundary setbacks that is no less than equal to the final structure
height. In all cases that base and anchor structures must be designed for the soil
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conditions present. A professional engineered design with supporting soil profiles
must accompany the application for development. Precise location (Latitude and
Longitude) of the base and anchors must be revealed.
Self-support towers are to be located respecting Alberta and federal building and
safety codes. In all cases the base structures must be designed for the soil
conditions present. A professional engineered design with supporting soil profiles
must accompany the application for development.
(7)
Multiple tower structures will require individual development permit applications.
(8)
Applications for the development of wireless facilities must include in the
development application letters from the following authorities:
(a)
Transport Canada governing painting and lighting of the applicant's tower
for aeronautical safety;
(b)
NavCanada governing aircraft communication and instrumentation
immunity from the applicant's tower transmissions;
(c)
Industry Canada governing the frequency of operations and public safety
from non-ionized radiation in accordance with Safety Code 6. Licensed
Exempt operators must provide a stamped letter from a licensed
professional radio frequency (RF) engineer guaranteeing these conditions
will be met.
(9)
Appropriate fencing around the base, anchors and lot limiting public access to the
tower and exposure to high radio frequency energy fields must be provided with
consideration of community aesthetics.
(10)
The application for development must include consideration to minimizing
environmental damage through the following measures:
(a)
Consultation with Federal and Provincial environmental agencies to
ensure the location selected and the resultant construction does not impact
upon sensitive ecologies nor interfere with migrating birds or animals.
Confirming letters from these agencies must accompany the application
for development.
(b)
The application for development shall include a signed letter from the
applicant detailing corrective action(s) to remediate any environmental
damages.
(11)
As a condition of obtaining a development permit the applicant agrees to the
following:
(a)
The location will be reclaimed within six (6) months of cessation of
operation.
(b)
The site reclamation will comply with Alberta Environmental Laws to be
provided by Alberta Environment or their agent.
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(12)
Applicants for development of a wireless facility within 0.5 miles of a residential
area must demonstrate attention to community aesthetics in their choice of
structure.
(13)
A public consultative process shall commence within the intent to establish a
wireless facility advertisement in the local newspapers and a letter to the
neighbouring property owners 120 days prior to the anticipated date of
construction. The applicant will be required to submit a copy of their public
consultation program for approval by the Town's Development Authority.
8.40 Workcamps
(1)
All workcamps shall be considered temporary developments.
(2)
All workcamps require a development permit and the Development Authority
shall give due regard to the need, location and type of camp, prior to rendering its
decision.
(3)
A development permit for a temporary project accommodation may be issued for
up to one (1) year, at which time an application may be made for a continuance of
the use for one (1) additional year, after which new development permit approval
is required.
(4)
The Development Authority may establish whatever conditions for the approval
of a workcamp that it, at its sole discretion, deems reasonable to ensure that the
workcamp will be a temporary development.
(5)
An application for a development permit for workcamp must provide the
following information:
(a)
the location, type and purpose of the camp;
(b)
adjacent land uses;
(c)
the method for connecting the proposed development to municipal water,
sewage, waste disposal and storm water systems;
(d)
the number of persons proposed to live in the camp;
(e)
the start date for the development, date of occupancy by residents, and
removal date for the camp; and
(f)
reclamation measures to be completed once the camp is no longer needed.
(6)
All work camps must:
(a)
be linked to a specific project(s) for which a valid and current
Development Permit has been issued. If the project is located in another
municipality a copy of the current approved development permit must be
provided to the Town by the developer. Work camps will only be
permitted to accommodate workers for the project(s) to which they are
linked;
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(b)
ensure that all required access, including internal roadways and
intersection improvements, are provided to the satisfaction of the
Development Authority at the sole cost to the developer;
(c)
be designed so that all points of access and egress are located to the
satisfaction of the Development Authority and Alberta Transportation;
(d)
be able to accommodate a minimum of twenty (20) persons and a
maximum of three hundred (300) persons;
(e)
be secured by the installation of appropriate security and buffering
measures such as berms, fences and landscaping. The form of the
buffering will be determined by and to the satisfaction of the Development
Authority;
(f)
provide on-site security staff;
(g)
all parking must be provided on the lot and areas for parking developed to
the satisfaction of the Development Authority. Normally, on site parking
for private vehicles will adhere to the same standard as parking for a
hotel/motel;
(h)
post security with the Town of Viking sufficient to remove and/or reclaim
the location if the work camp remains on the location after the project is
either completed or if the work has stopped to the extent that the
Municipality no longer feels that the work camp is necessary to the
project, or to reclaim the lot if needed after the work camp has been
removed from the lot; and
(i)
be separated from adjacent land uses.
(7)
Maximum lot coverage shall be such that space is available for all the parking on
the lot, together with the applicable setbacks and required landscaping as
determined by the Development Authority.
(8)
Adjacent buildings in workcamps shall be located sufficient distance from each
other as required for fire protection purposes as determined by the Alberta Safety
Codes Act and by the Development Authority.
(9)
Screening and fencing of storage areas shall be to the satisfaction of the
Development Authority.
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PART 9.0 - DISTRICT PROVISIONS
9.1
Residential District (Low Density) - R1
(1)
Purpose
The general purpose of this District is to allow for the development of low density single
family dwellings and associated uses.
(2)
Permitted and Discretionary Uses
(a)
Permitted Uses
(i)
Day homes
(ii)
Minor home occupations
(iii)
Modular homes
(iv)
Public parks
(v)
Single family dwellings
(vi)
Buildings and uses accessory to permitted uses
(b)
Discretionary Uses
(i)
Bed and breakfast establishments
(ii)
Day care facilities
(iii)
Family care facilities
(iii)
Garage suites
(iv)
Group homes
(v)
In-law suites
(vi)
Major home occupations
(vii)
Micro wind energy conversion systems
(viii) Neighbourhood convenience stores
(ix)
Places of worship
(x)
Public utilities that have no office or workshop as a part of the
development
(xi)
Relocated buildings
(xii)
Secondary suites
(xiii) Show homes
(xiv)
Small radio communications towers
(xv)
Solar energy collection system, small
(xvi)
Tented structures
(xvii) Other uses which, in the opinion of the Development Authority, are
similar to the above mentioned permitted and discretionary uses
(xviii) Buildings and uses accessory to discretionary uses
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(3)
Subdivision Regulations
(a)
Minimum site depth
(i)
internal sites - 30.5 m (100 ft.)
(ii)
corner sites - 30.5 m (100 ft.)
(b)
Minimum site width
(i)
internal sites - 15.2 m (50.0 ft.)
(ii)
corner sites - 16.75 m (55.0 ft.)
(c) Minimum site area
(i)
internal sites - 464.5 m2 (5,000 ft2)
(ii)
corner sites - 510.9 m2 (5,499.2 ft2)
(d)
Maximum Gross Density -11.2 dwelling units per hectare (4.5 per ac.)
(e)
Maximum Net Density - 17 dwelling units per hectare (6.88 per ac.)
(4)
Development Regulations
In addition to the General Provisions, Part 7.0 and the Special Use Regulations, Part 8.0
of this Bylaw, the following shall apply within this District:
(a)
Minimum Yards
(i)
Front - 7.5 m (24.6 ft.)
(ii)
Rear - 7.5 m (24.6 ft.)
(iii)
Side - 1.2 m (3.9 ft.)
- 4.2 m (13.8 ft.) for side yard abutting a road on a corner lot
(b)
Minimum Floor Area
(i)
Single family dwellings and modular homes - 93 sq. m (1001 sq. ft.)
(ii)
All other uses - as required by the Development Authority
(c)
Maximum Lot Coverage
(i)
All buildings - 40%
(ii)
Accessory buildings - 15%
(d)
Maximum Building Height
(i)
Dwellings - 2 storeys or 10 m (32.8 ft.), whichever is less
(ii)
Accessory buildings - 1 storey or 4.5 m (14.8 ft.), whichever is less
(e)
Parking spaces shall not be located in the front yard of any lot unless otherwise
allowed by the Development Authority.
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(f)
All other requirements shall be as determined by the Development Authority.
(5)
Additional Regulations
(a)
Secondary suites, garage suites and in-law suites shall be developed in accordance
with Sections 8.28, 8.10 and 8.14 of this Bylaw.
(b)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(c)
Landscaping shall be provided in accordance with Section 7.11 of this Bylaw.
(d)
Parking shall be provided in accordance with Section 7.18 of this Bylaw.
(e)
Grading and drainage of the lot shall be provided in accordance with Section 7.13
of this Bylaw.
(f)
Accessory buildings shall be developed in accordance with Sections 8.1 and 8.3
of this Bylaw.
(g)
Private swimming pools and hot tubs shall be developed in accordance with
Section 8.23 of this Bylaw.
(h)
Home occupations shall be developed in accordance with Section 8.12 of this
Bylaw.
(i)
Bed and breakfast establishments shall be developed in accordance with Section
8.5 of this Bylaw.
(j)
Places of worship shall be developed in accordance with Section 8.22 of this
Bylaw.
(k)
No signs shall be allowed in the R1 District except as provided for in Section 8.33
of this Bylaw.
(l)
Sea cans may be allowed as accessory buildings, at the discretion of the
Development Authority, in accordance with Section 8.17 of this Bylaw.
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9.2
Residential District (Medium Density) - R2
(1)
Purpose
The general purpose of this District is to allow for the development of medium density
residential development in the form of duplexes and fourplexes on approved sites.
(2)
Permitted and Discretionary Uses
(a)
Permitted Uses
(i)
Day homes
(ii)
Duplexes, up/down
(iii)
Duplexes, side-by-side
(iv)
Fourplexes
(v)
Minor home occupations
(vi)
Public parks
(vii)
Buildings and uses accessory to permitted uses
(b)
Discretionary Uses
(i)
Bed and breakfast establishments
(ii)
Boarding and lodging houses
(iii)
Day Care Facilities
(iv)
Family care facilities
(v)
Group care facilities
(vi)
Group homes
(viii) In-law suites
(viii) Major home occupations
(ix)
Modular homes
(x)
Neighbourhood Convenience Stores
(xi)
Places of worship
(xi)
Public utilities that have no office or workshop as a part of the
development
(xii)
Secondary suites
(xiii) Show homes
(xiv)
Single family dwellings
(xv)
Solar energy collection systems, small
(xvi)
Tented structures
(xvii) Wind energy conversion systems, micro
(xvii) Other uses which, in the opinion of the Development Authority, are
similar to the above mentioned permitted and discretionary uses
(xviii) Buildings and uses accessory to discretionary uses
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(3)
Subdivision Regulations
(a)
Minimum Lot Area for Duplexes and Fourplexes
(i)
For up-down duplexes - 670 sq. m (7211.8 sq. ft.), provided the combined
floor space area does not exceed 190 sq. m (2045 sq. ft.)
(ii)
For side-by-side duplexes - 700 sq. m (7534.7 sq. ft.), 740 sq. m (7965.3
sq. ft.) for a corner lot
(iii)
For fourplexes - 1300 sq. m (13,993 sq. ft.)
(b)
Maximum Gross Density - 20 dwelling units per ha (8.09 per ac.)
(c)
Maximum Net Density - 30 dwelling units per ha (12.14 per ac.)
(4)
Development Regulations
In addition to the General Provisions, Part 7.0, and the Special Use Regulations, Part 8.0
of this Bylaw, the following shall apply within this District:
(a)
Minimum Floor Area - 55 sq. m (592.0 sq. ft.) per dwelling unit
(b)
Minimum Yards - same as for dwellings in the R1 District
(c)
Maximum Lot Coverage
(i)
All buildings - 50%
(ii)
Accessory buildings - 15%
(5)
Additional Regulations
(a)
Secondary suites, garage suites and in-law suites shall be developed in accordance
with Sections 8.28, 8.10 and 8.14 of this Bylaw.
(b)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(c)
Landscaping shall be provided in accordance with Section 7.11 of this Bylaw.
(d)
Parking shall be provided in accordance with Section 7.18 of this Bylaw.
(e)
Grading and drainage of the lot shall be provided in accordance with Section 7.13
of this Bylaw.
(f)
Accessory buildings shall be developed in accordance with Sections 8.1 and 8.3
of this Bylaw.
(g)
Private swimming pools and hot tubs shall be developed in accordance with
Section 8.23 of this Bylaw.
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(h)
Home occupations shall be developed in accordance with Section 8.12 of this
Bylaw.
(i)
Bed and breakfast establishments shall be developed in accordance with Section
8.5 of this Bylaw.
(j)
Places of worship shall be developed in accordance with Section 8.22 of this
Bylaw.
(k)
No signs shall be allowed in the R2 District except as provided for in Section 8.33
of this Bylaw.
(l)
Sea cans may be allowed as accessory buildings, at the discretion of the
Development Authority, in accordance with Section 8.27 of this Bylaw.
(m)
All requirements for single family dwellings and modular homes shall be the
same as for single family dwellings and modular homes in the R2 District.
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9.3
Residential District (High Density) - R3
(1)
Purpose
The general purpose of this District is to allow for the development of high density
residential development in the form of ground-oriented multiple unit dwellings and
apartments on approved sites.
(2)
Permitted and Discretionary Uses
(a)
Permitted Uses
(i)
Day homes
(ii)
Ground-oriented multiple unit dwellings
(iii)
Minor home occupations
(iv)
Public parks
(v)
Buildings and uses accessory to permitted uses
(b)
Discretionary Uses
(i)
Apartments
(ii)
Bed and breakfast establishments
(iii)
Day care facilities
(iv)
Day Homes
(v)
Duplex, side by side
(vi)
Duplex, up down
(vii)
Family care facilities
(viii) Garage Suites
(ix)
Group Care Facilities
(ix)
Group Homes
(x)
In-law Suites
(xi)
Major home occupations
(xii)
Neighbourhood Convenience Stores
(xiii) Modular homes
(iii)
Public utilities that have no office or workshop as a part of the
development
(iv)
Secondary Suites
(vi)
Show homes
(v)
Single family dwellings
(vi)
Solar Energy collection systems, small
(vii)
Wind energy conversion systems, micro
(viii) Other uses which, in the opinion of the Development Authority, are
similar to the above mentioned permitted and discretionary uses
(ix)
Buildings and uses accessory to discretionary uses
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(3)
Subdivision Regulations
(a)
Minimum Lot Area
(i)
For Ground-oriented multiple unit dwellings - 0.2 ha (0.49 ac.)
(ii)
For Apartments - 0.2 ha (0.49 ac.)
These are very large minimum area requirements (2 023.4sq m). The standard for row housing -
766.5 m2 (8,250.4 ft2) and 880.0 m2 (9,472.2 ft2) for apartments
(4)
Development Regulations
In addition to the General Provisions, Part 7.0, and the Special Use Regulations, Part 8.0
of this Bylaw, the following shall apply within this District:
(a)
Maximum net density
(i)
For ground-oriented multiple unit dwellings - 35 dwelling units per ha
(14.2 per ac.)
(ii)
For apartments - 62.5 dwelling units per ha (25.3 per ac.)
This density is very low - does the Town wish to maintain the low density? Average density
today is approximately 50 units per net ha in medium density areas
Densities shall be calculated according to the following chart:
Minimum
Area of Lot
Type of
Dwelling Unit
Required per
Dwelling Unit
Floor Area
Dwelling Unit
Bachelor
42 sq. m (452 sq. ft.)
85sq. m (915 sq. ft.)
1 Bedroom
55 sq. m (592 sq. ft.)
115 sq. m (1238 sq. ft.)
2 or more Bedroom
70 sq. m (753 sq. ft.)
160 sq. m (1722 sq. ft.)
(b)
Maximum Lot Coverage
(i)
All buildings - 35%
(ii)
Accessory buildings - 10%
(c)
Minimum Yards
(i)
Front - 9 m (29.5 ft.)
(ii)
Rear - 9 m (29.5 ft.)
(iii)
Side - 15% of lot width
(d)
Minimum Amenity Area
(i)
For each Bachelor Dwelling Unit - 18 sq. m (193.75 sq. ft.)
(ii)
For each 1 Bedroom Dwelling Unit - 28 sq. m (301.4 sq. ft.)
(iii)
For each 2 or more Bedroom Dwelling Unit - 70 sq. m (753 sq. ft.)
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(e)
All other requirements shall be as determined by the Development Authority.
(5)
Additional Regulations
(a)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(b)
Landscaping shall be provided in accordance with Section 7.11 of this Bylaw.
(c)
Parking shall be provided in accordance with Section 7.18 of this Bylaw.
(d)
Grading and drainage of the lot shall be provided in accordance with Section 7.13
of this Bylaw.
(e)
Accessory buildings shall be developed in accordance with Sections 8.1 and 8.3
of this Bylaw.
(f)
Private swimming pools and hot tubs shall be developed in accordance with
Section 8.23 of this Bylaw.
(g)
Home occupations shall be developed in accordance with Section 8.12 of this
Bylaw.
(h)
No signs shall be allowed in the R3 District except as provided for in Section 8.33
of this Bylaw.
(i)
Sea cans may be allowed as accessory buildings, at the discretion of the
Development Authority, in accordance with Section 8.27 of this Bylaw.
(j)
All requirements for single family dwellings and modular homes shall be the
same as for single family dwellings and modular homes in the R1 District.
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9.4
Residential Manufactured Home Subdivision District - RMH1
(1)
Purpose
The general purpose of this District is to allow the development of manufactured home
subdivisions, in which each manufactured home is located on a separate lot.
(2)
Permitted and Discretionary Uses
(a)
Permitted Uses
(i)
Day homes
(ii)
Manufactured homes
(iii)
Minor home occupations
(iv)
Public parks
(v)
Buildings and uses accessory to permitted uses
(b)
Discretionary Uses
(i)
Family care facilities
(ii)
Garage Suites
(iii)
In-law suites
(iii)
Major home occupations
(iv)
Modular homes
(v)
Neighbourhood convenience stores
(vi)
Places of worship
(vii)
Public or quasi-public buildings and uses or public utilities which are
required to serve the immediate areas
(vii)
Secondary Suites
(viii) Show homes
(viii) Single family dwellings
(x)
Small radio communications towers
(ix)
Solar energy collection systems, small
(x)
Tented structure
(xi)
Wind energy conversion systems, micro
(xii)
Other uses which, in the opinion of the Development Authority, are
similar to the above mentioned permitted and discretionary uses
(xii)
Buildings and uses accessory to discretionary uses
(3)
Subdivision Regulations
(a)
Manufactured Homes:
(i)
Minimum Lot Area
1.
For single wide manufactured homes - 370 sq. m (3983 sq. ft.)
2.
For double wide manufactured homes - 460 sq. m (4951 sq. ft.)
(ii)
Minimum Lot Width
1.
For single wide manufactured homes - 12 m (39.4 ft.)
2.
For double wide manufactured homes - 15 m (49.2 ft.)
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(b)
Single family dwellings and modular homes - in accordance with the
requirements for single family dwellings and modular homes in the R2 District
(c)
All other uses - as required by the Subdivision Authority
(4)
Development Regulations
In addition to the General Provisions, Part 7.0 and the Special Use Regulations, Part 8.0
of this Bylaw, the following shall apply within this District:
(a)
Manufactured Homes:
(i)
Minimum Yards
1.
Front - 4.5 m (14.75 ft.)
2.
Rear - 6 m (19.7 ft.) for interior lot
- 4.5 m (14.75 ft.) for corner lot
3.
Side - 3 m (9.84 ft.)
(ii)
Minimum Floor Area - 46 sq. m (495 sq. ft.)
(iii)
Maximum Lot Coverage
1.
All buildings - 40%
2.
Accessory buildings - 15%
(iv)
Maximum Building Height - 4.5 m (14.75 ft.)
(v)
Maximum net density - 25 manufactured homes per ha (10.1 per ac.)
(vi)
All manufactured homes shall be placed on a foundation or base. The
manufactured home shall be attached by means of bolting or otherwise to
the foundation, base or ground.
(vii)
The undercarriage of each manufactured home shall be enclosed from
view by skirting or another means in a manner satisfactory to the
Development Authority. Axles, wheels and trailer hitches shall be
removed where they are not part of the frame. Where a hitch cannot be
removed, it shall be skirted or otherwise covered from view in a manner
satisfactory to the Development Authority.
(viii) Notwithstanding any other provision of this Bylaw to the contrary, where
a manufactured home is to be on a lot abutting any Residential District
other then the RMH1 District or the RMH2 District, that manufactured
home shall be a double-wide unit and not a single-wide unit.
(ix)
Notwithstanding any other provision of this Bylaw to the contrary, the
Development Authority may refuse an application for a development
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permit to allow the placement of a manufactured home if, in their opinion,
the proposed manufactured home will not :
1.
meet the Z-240 industry standards,
2.
be of a suitable quality, age, or condition, matching the quality, age
or condition of adjacent manufactured homes, and
3.
meet current Building and Safety Code requirements.
(b)
Single family dwellings and modular homes - in accordance with the
requirements for single family dwellings and modular homes in the R2 District
(c)
All other uses - as required by the Development Authority
(d)
All other requirements shall be as determined by the Development Authority.
(5)
Additional Regulations
(a)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(b)
Landscaping shall be provided in accordance with Section 7.11 of this Bylaw.
(c)
Parking shall be provided in accordance with Section 7.18 of this Bylaw.
(d)
Grading and drainage of the lot shall be provided in accordance with Section 7.13
of this Bylaw.
(e)
Accessory buildings shall be developed in accordance with Sections 8.1 and 8.3
of this Bylaw.
(f)
Private swimming pools and hot tubs shall be developed in accordance with
Section 8.23 of this Bylaw.
(g)
Home occupations shall be developed in accordance with Section 8.12 of this
Bylaw.
(h)
Places of worship shall be developed in accordance with Section 8.22 of this
Bylaw.
(i)
No signs shall be allowed in the RMH1 District except as provided for in Section
8.33 of this Bylaw.
(j)
Sea cans may be allowed as accessory buildings, at the discretion of the
Development Authority, in accordance with Section 8.27 of this Bylaw.
(k)
All requirements for single family dwellings and modular homes shall be the
same as for single family dwellings and modular homes in the R1 District.
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9.5
Residential Manufactured Home Park District - RMH2
(1)
Purpose
The general purpose of this District is to allow the development of manufactured home
parks, in wherein stalls are provided on a rental basis.
(2)
Permitted and Discretionary Uses
(a)
Permitted Uses
(i)
Manufactured homes within manufactured home parks which have a
development permit
(ii)
Minor home occupations
(iii)
Public parks
(iv)
Buildings and uses accessory to permitted uses
(b)
Discretionary Uses
(i)
Convenience retail stores
(ii)
Day homes
(iii)
Major home occupations
(iv)
Manufactured home parks
(v)
Modular homes
(vi)
Neighbourhood convenience stores
(vii)
Places of worship
(viii) Public utilities that have no office or workshop as a part of the
development
(viii) Show homes
(ix)
Single family dwellings
(x)
Small radio communications towers
(x)
Solar Energy Collection Systems, small
(xi)
Tented structure
(xii)
Wind energy conversion systems, micro
(xii)
Other uses which, in the opinion of the Development Authority, are
similar to the above mentioned permitted and discretionary uses
(xiii) Buildings and uses accessory to discretionary uses
(3)
Subdivision Regulations
(a)
Minimum lot area - 0.4 ha (1.0 ac.)
(4)
Development Regulations
In addition to the General Provisions, Part 7.0, and the Special Use Regulations, Part 8.0
of this Bylaw, the following shall apply within this District:
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(a)
Modular homes and single family dwellings - as required by the Development
Authority
(b)
Manufactured homes
(i)
Minimum Stall Area
1.
For single wide manufactured homes - 370 sq. m (3983 sq. ft.)
2.
For double wide manufactured homes - 420 sq. m (4521 sq. ft.)
(ii)
Minimum Yards (relative to boundaries of stalls) - 3 m (9.84 ft.)
(iii)
Maximum Stall Coverage
(i)
All buildings - 40%
(ii)
Accessory buildings - 15%
(iv)
Maximum Building Height - 4.5 m (14.75 ft.)
(c)
Manufactured Home Parks:
(i)
Maximum net density - 25 manufactured homes per ha (10.1 per ac.)
(ii)
Stalls shall be located a minimum of 3 m (9.84 ft.) from the park
boundary. This setback strip shall be landscaped or fenced to the
satisfaction of the Development Authority.
(iii)
All internal roadways shall be hard surfaced, well drained, and maintained
to the satisfaction of the Development Authority. Minimum right-of-way
width shall be 9 m (29.5 ft.).
(iv)
All parks shall be provided with all season pedestrian access of not less
than 1 m in width between manufactured homes, the park street, and any
community facilities provided for park residents.
(v)
Visitor parking requirements shall be at the discretion of the Development
Authority, and shall not be used for the storage of boats, trailers, and
similar equipment.
(vi)
Two (2) off-street parking spaces shall be provided on or adjacent to each
manufactured home stall.
(vii)
A minimum of 5% of the gross lot area shall be devoted to recreational
use. This recreation space shall be placed in locations convenient to all
park residents, free from traffic hazards, in locations other than those
designated as buffer strips, and clearly defined.
(viii) All areas not occupied by manufactured homes and their additions,
internal roads, sidewalks, driveways, permanent buildings, and any other
developed facilities shall be landscaped to the satisfaction of the
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Development Authority. Screen fences or walls shall be erected where
deemed necessary by the Development Authority around laundry yards,
refuse collection points and playgrounds.
(ix)
No part of the park shall be used for non-residential purposes except such
uses as are required for the direct servicing and well-being of the park
residents and for the management and maintenance of the park.
(x)
Each manufactured home stall shall be clearly marked off by means of
stakes, countersunk steel posts, fences, curbs or hedges.
(xi)
Street lighting shall be to the same standard as that in a conventional
residential neighbourhood.
(xii)
Only one (1) main, free standing identification sign of residential character
and appearance shall be erected at the entrance to the park, unless the
Development Authority is of the opinion that a further and similar sign
shall be allowed under exceptional circumstances involving the layout,
location and size of the park in relation to the surrounding areas. The sign
or signs shall be of a size, type and construction acceptable to the
Development Authority.
(xiii) Direction signs within the Park must be integrated in design and
appearance, be kept in scale with the immediate surroundings, and
constructed of durable material.
(d)
All other uses - as determined by the Development Authority.
(5)
Additional Regulations
(a)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(b)
Landscaping shall be provided in accordance with Section 7.11 of this Bylaw.
(c)
Grading and drainage of the lot shall be provided in accordance with Section 7.13
of this Bylaw.
(d)
Accessory buildings shall be developed in accordance with Sections 8.1 and 8.3
of this Bylaw. In addition, all accessory buildings shall have an appearance
equivalent to that of the manufactured home.
(e)
No accessory buildings shall have a height which is greater than the height of the
manufactured home to which it is accessory.
(f)
Private swimming pools and hot tubs shall be developed in accordance with
Section 8.23 of this Bylaw.
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(g)
Home occupations shall be developed in accordance with Section 8.12 of this
Bylaw.
(h)
Places of worship shall be developed in accordance with Section 8.22 of this
Bylaw.
(i)
No signs shall be allowed in the RMH2 District except as provided for in Section
8.33 this Bylaw.
(j)
Sea cans may be allowed as accessory buildings, at the discretion of the
Development Authority, in accordance with Section 8.27 of this Bylaw.
(k)
Amenity areas shall be provided for all manufactured home parks in accordance
with Section 7.1 of this Bylaw.
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9.6
Central Commercial District - C1
(1)
Purpose
The general purpose of this District is to provide for commercial development
appropriate to the Central Business District of the Town and involving fairly high density
development. The regulations do not permit obnoxious uses or those involving excessive
outside storage.
(2)
Permitted and Discretionary Uses
(a)
Permitted Uses
(i)
Business support services establishments
(ii)
Commercial schools
(iii)
Convenience retail stores
(iv)
Eating and drinking establishments
(v)
General retail establishments
(vi)
Government services
(vii)
Health services
(viii) Hotels
(ix)
Household repair services
(x)
Indoor amusement establishments
(xi)
Libraries and cultural exhibits
(xii)
Office uses
(xiii) Personal service shops
(xiv)
Public parks
(xv)
Public uses
(xvi)
Public utilities
(xvii) Veterinary clinics
(xviii) Buildings and uses accessory to permitted uses
(b)
Discretionary Uses
(i)
Auctioneering establishments
(ii)
Automotive and equipment repair shops
(iii)
Automotive and minor recreation vehicle sales/rentals establishments
(iv)
Bed and breakfast establishments
(v)
Commercial schools
(vi)
Community recreation services
(vii)
Cultural facilities
(viii) Day care facilities
(ix)
Drinking establishments
(x)
Dwellings in a building used for any of the above-listed Permitted or
Discretionary Uses
(xi)
Indoor amusement establishments
(xii)
Entertainment establishments
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(xiii) Equipment rental establishments
(xiv)
Exhibition and convention facilities
(xv)
Fleet services
(xvi)
Funeral services
(xvii) Limited contractor services
(xviii) Liquor stores
(xix)
Minor repair shops
(xx)
Mixed uses
(xxi)
Motels
(xxii) Off-street parking lots
(xxiii) Places of worship
(xxiv) Private clubs
(xxv) Public utility buildings
(xxvi) Recreational facilities
(xxvii) Sidewalk cafés
(xxviii)Solar energy collection systems
(xxix) Other uses which, in the opinion of the Development Authority, are
similar to the above mentioned permitted and discretionary uses
(xxx) Buildings and uses accessory to discretionary uses
(3)
Subdivision Regulations
(a)
Minimum Lot Area - 140 sq. m (1507 sq. ft.)
(b)
Minimum Lot Width - 7.5 m (24.6 ft.)
(4)
Development Regulations
In addition to the General Provisions, Part 7.0, and the Special Use Regulations, Part 8.0
of this Bylaw, the following shall apply within this District:
(a)
Minimum Yards
(i)
Front - none, except where the Development Authority deems it
appropriate to conform with existing development
(ii)
Rear - 7.5 m (24.6 ft.), or as required by the Development Authority
(iii)
Side - none, except where the lot is adjacent to a Residential District, the
minimum side yard shall be 1.5 m (4.9 ft.)
(b)
Minimum Floor Area - as required by the Development Authority
(c)
Maximum Lot Coverage - 80%, provided that the loading, storage, and disposal
of waste has been allowed for to the satisfaction of the Development Authority
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(d)
Where shopping centres or groups of uses are to be built, requirements shall be
determined by the Development Authority who shall consider access, parking,
building locations, and other similar concerns
(e)
The design, siting, external finish, architectural appearance and landscaping of all
developments, including any accessory buildings and signs and any reconstruction
shall be to the satisfaction of the Development Authority in order that there shall
be general conformity in such matters with adjacent buildings and that there may
be adequate protection afforded to the amenities of any adjacent residential uses.
(f)
Maximum Height - Main and accessory buildings - 11.0 m (36.1 ft.), or, at the
discretion of the Development Authority, the maximum height of a more
restrictive abutting District.
(g)
Access, Parking and Loading
Each lot shall have direct access to a lane at one side or at the rear.
(h)
Landscaping
When a commercial use is proposed adjacent to a Residential District, a
landscaped buffer shall be provided and maintained on the location of the
commercial use between the commercial use and the Residential District. The
buffer may be comprised of any or all of the following: landscaped green space,
closed or open fencing, trees, and/or earth berming. All details of the buffer,
including its size, width, and components, shall be to the satisfaction of the
Development Authority.
(i)
Outdoor Storage
Outdoor storage shall be allowed in the C1 District, as an accessory use to a
permitted or a discretionary use which is allowed except at the discretion of the
Development Authority.
(j)
Dwelling Units
The following regulations shall apply to dwelling units within the C1 District:
(i)
Dwelling units shall be allowed only in buildings where at least part of the
first storey is used for commercial purposes.
(ii)
Dwelling units shall have access at grade which is separate from any
access for any commercial use.
(iii)
Dwelling units shall meet the requirements for dwelling units in the High
Density Residential (R4) District, except for minimum lot area, minimum
required yards, and maximum lot coverage, which shall all be at the
discretion of the Development Authority.
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(iv)
Where more than two (2) dwelling units are to be provided, a minimum of
7.5 sq. m (80.7 sq. ft.) of amenity area per dwelling unit shall be provided
in accordance with the regulations of this Bylaw.
(k)
All other requirements shall be as determined by the Development Authority.
(5)
Additional Regulations
(a)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(b)
Landscaping shall be provided in accordance with Section 7.11 of this Bylaw.
(c)
Grading and drainage of the lot shall be provided in accordance with Section 7.13
of this Bylaw.
(d)
Accessory buildings shall be developed in accordance with Section 8.1 and 8.2 of
this Bylaw.
(e)
Signs shall be allowed in the C3 District as provided for in Section 8.33 of this
Bylaw.
(f)
Places of worship shall be developed in accordance with Section 8.22 of this
Bylaw.
(g)
Amenity areas shall be provided for in accordance with Section 7.1 of this Bylaw.
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9.7
Secondary Commercial District - C2
(1)
Purpose
The general purpose of this District is to allow commercial development activities which
require larger parcels of land and which do not require a large volume of pedestrian
traffic.
(2)
Permitted and Discretionary Uses
(a)
Permitted Uses
(i)
All uses listed as permitted uses in the C1 District
(ii)
Gas Bars
(iii)
Warehouse sales establishments
(iv)
Buildings and uses accessory to permitted uses
(b)
Discretionary Uses
(i)
All uses listed as discretionary uses in the C1 District
(ii)
Bus depots
(iii)
Business parks
(iv)
Communications tower facilities
(v)
Drive-in business
(vi)
Heavy equipment rental establishments
(vii)
Industrial vehicle and equipment sales/rentals establishments
(viii) Large wind energy conversion systems
(ix)
Micro wind energy conversion systems
(x)
Outdoor amusement establishments
(xi)
Outdoor storage
(xii)
Sea cans
(xiii) Self-service storage facilities
(xiv)
Service stations
(xv)
Truck and recreational vehicle sales/rentals establishments
(xvi)
Trucking and cartage establishments
(xvii) Veterinary clinic - large animal
(xviii) Wind energy conversion systems, micro
(xix)
Wind energy conversion systems, small
(xx)
Work camps
(xxi)
Work camps - short term
(xxii) Other uses which, in the opinion of the Development Authority, are
similar to the above mentioned permitted and discretionary uses
(xxiii) Buildings and uses accessory to discretionary uses
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(3)
Subdivision, Development, and Additional Regulations
(a)
All requirements shall be the same as those within the C1 District.
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9.8
Highway Commercial District - C3
(1)
Purpose
The general purpose of this District is to allow commercial development which will serve
the travelling public.
(2)
Permitted and Discretionary Uses
(a)
Permitted Uses
(i)
Motels
(ii)
Buildings and uses accessory to permitted uses
(b)
Discretionary Uses
(i)
Amusement establishments, indoor
(ii)
Amusement establishments, outdoor
(iii)
Animal hospitals
(iv)
Auctioneering establishments
(v)
Automotive and equipment repair shops
(vi)
Automotive and minor recreational vehicles sales/rentals establishments
(vii)
Bus depots
(viii)
Communications tower facilities
(ix)
Drinking establishments
(x)
Drive-in businesses
(xi)
Entertainment establishments
(xii)
Equipment rental establishments
(xiii)
Farm Equipment Sales and Service
(xiv)
Fleet services
(xv)
Funeral services
(xvi)
General contractor services
(xvii)
General retail establishments
(xviii)
Greenhouses and plant nurseries
(xix)
Institutional uses
(xx)
Light industrial uses
(xxi)
Liquor stores
(xxii)
Public uses
(xxiii)
Public utility buildings
(xxiv)
Public or quasi-public uses
(xxv)
Recreational facilities
(xxv)
Recreational trailer parks
(xxvi)
Small animal breeding and boarding establishments
(xxvii) Truck and recreational vehicle sales/rentals establishments
(xxviii) Solar energy collection systems
(xxix)
Surveillance suites
(xxx)
Veterinary clinics
(xxxi)
Veterinary clinics - large animal
(xxxii) Warehouse sales establishments
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(xxxiii) Wind energy conversion systems, large
(xxxiv) Wind energy conversion systems, micro
(xxxv)
Wind energy conversion systems, small
(xxxvi) Wireless communications facilities
(xxxvii) Work camps
(xxxviii) Work camps - short term
(xxxix) Other uses which, in the opinion of the Development Authority, are
similar to the above mentioned permitted and discretionary uses
(x)
Buildings and uses accessory to discretionary uses
(3)
Subdivision Regulations
(a)
Minimum Lot Area - as required by the Development Authority
(b)
Minimum Lot Width - 7.5 m (24.6 ft.)
(4)
Development Regulations
In addition to the General Provisions, Part 7.0, and the Special Use Regulations, Part 8.0
of this Bylaw, the following shall apply within this District:
(a)
Minimum Yards
(i)
Front - 6.0 m (19.7 ft.)
(ii)
Rear - 6.0 m (19.7 ft.)
(iii)
Side - 3.0 m (9.84 ft.)
(b)
Maximum Lot Coverage - 40%
(c)
Development shall be located where it may be served directly and efficiently by
the major road system. The number of accesses provided to a road from a
development or service road shall be to the satisfaction of the Development
Authority.
(d)
The siting and architectural appearance of all developments and the landscaping
of the lot shall be to the satisfaction of the Development Authority in order that
there shall be general conformity in such matters with adjacent developments and
that there may be adequate protection afforded to the amenities of any adjacent
residential uses.
(e)
On corner sites, site lines shall be protected pursuant to Section 7.9 of this Bylaw.
(f)
Maximum Height - 11.0 m (36.1 ft.) unless otherwise approved the Development
Authority.
(g)
All other requirements shall be as determined by the Development Authority.
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(5)
Additional Regulations
(a)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(b)
Landscaping shall be provided in accordance with Section 7.11 of this Bylaw.
(c)
Grading and drainage of the lot shall be provided in accordance with Section 7.13
of this Bylaw.
(d)
Accessory buildings shall be developed in accordance with Sections 8.1 and 8.3
of this Bylaw.
(e)
Signs shall be allowed in the C3 District as provided for in Section 8.33 of this
Bylaw.
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9.9
Local Commercial District - C4
(1)
Purpose
The general purpose of this District is to allow small neighbourhood stores providing
convenience goods and services to local residents.
(2)
Permitted and Discretionary Uses
(a)
Permitted Uses
(i)
Convenience retail stores
(ii)
Eating and drinking establishments
(iii)
Government services
(iv)
Health services
(v)
Libraries and cultural exhibits
(vi)
Office uses
(vii)
Personal service shops
(viii) Public parks
(ix)
Public uses
(x)
Public utilities
(xi)
Buildings and uses accessory to permitted uses
(b)
Discretionary Uses
(i)
Other uses which, in the opinion of the Development Authority, are
similar to the above mentioned permitted and discretionary uses
(ii)
Buildings and uses accessory to discretionary uses
(3)
Subdivision Regulations
(a)
Minimum Lot Area - the same as the lots in the adjacent or surrounding
Residential District
(4)
Development Regulations
In addition to the General Provisions, Part 7.0 and the Special Use Regulations, Part 8.0
of this Bylaw, the following shall apply within this District:
(a)
Minimum Yards - as required by the Development Authority
(b)
Landscaping and buffer strips shall be provided to the satisfaction of the
Development Authority.
(c)
All loading and parking areas must be screened from the view of adjacent
dwellings, to the satisfaction of the Development Authority.
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(d)
The design, siting, external finish, architectural appearance and landscaping of all
developments, including any accessory buildings and signs and any reconstruction
shall be to the satisfaction of the Development Authority in order that there shall
be general conformity in such matters with adjacent buildings and that there may
be adequate protection afforded to the amenities of any adjacent residential uses.
(e)
Maximum Height - Main and accessory buildings - 7.0 m (23.0 ft.), or, at the
discretion of the Development Authority, the maximum height of a more
restrictive abutting District.
(f)
Outdoor Storage
No outdoor storage shall be allowed in the C4 District, even as an accessory use
to a permitted or a discretionary use.
(g)
All other requirements shall be as determined by the Development Authority.
(5)
Additional Regulations
(a)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(b)
Landscaping shall be provided in accordance with Section 7.11 of this Bylaw.
(c)
Grading and drainage of the lot shall be provided in accordance with Section 7.13
of this Bylaw.
(d)
Accessory buildings shall be developed in accordance with Section 8.1 and 8.2 of
this Bylaw.
(e)
Signs shall be allowed in the C3 District as provided for in Section 8.33 of this
Bylaw.
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9.10 Industrial District - M
(1)
Purpose
The general purpose of this District is to provide opportunities for industrial and
manufacturing uses.
(2)
Permitted and Discretionary Uses
(a)
Permitted Uses
(i)
All Uses listed as Permitted or Discretionary Uses in the C2 District
(ii)
Automotive and equipment repair shops
(iii)
Automotive and minor recreational vehicles sales/rentals establishments
(iv)
Business parks
(v)
Business support services establishments
(vi)
Drive-in businesses, but only if they are drive-through vehicle service
establishments
(vii)
Equipment rental establishments
(ix)
Farm Equipment Sales and Service
(x)
Fleet services
(xi)
Greenhouses and plant nurseries
(xii)
Industrial vehicle and equipment sales/rentals establishments
(xiii) Light industrial uses
(xiv)
Limited contractor services
(xv)
Public parks
(xvi)
Public uses
(xvii) Sea cans
(xviii) Recycling depots
(xix)
Self-service storage facilities
(xx)
Tented structures
(xxi)
Truck and recreational vehicle sales/rentals establishments
(xxii) Veterinary clinics
(xxiii) Warehousing uses and the storage and distribution of raw materials,
processed or manufactured goods
(xxiv) Warehousing and Storage
(xxv) Buildings and Uses Accessory to Permitted Uses
(b)
Discretionary Uses
(i)
Agricultural industry
(ii)
Amusement establishments, outdoor
(iii)
Animal hospitals
(iv)
Auctioneering establishments
(v)
Eating and drinking establishments
(vi)
General contractor services
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(vii)
Medium industrial uses
(viii) Outdoor storage
(ix)
Recreational facilities
(x)
Small animal breeding and boarding establishments
(xi)
Solar energy collection systems
(xii)
Utility services
(xiii) Veterinary clinics
(xiv)
Veterinary clinics - large animal
(xv)
Wind energy conversion systems, large
(xvi)
Wind energy conversion systems, small
(xvii) Wind energy conversion systems, micro
(xviii) Wireless communications facilities
(xix)
Other uses which, in the opinion of the Development Authority, are
similar to the above mentioned permitted and discretionary uses
(xx)
Buildings and uses accessory to discretionary uses
(3)
Subdivision Regulations
(a)
Minimum lot area - 650.0 sq. m (6996.0 sq. ft.) or as required by the
Development Authority.
(4)
Development Regulations
In addition to the General Provisions, Part 7.0 and the Special Use Regulations, Part 8.0
of this Bylaw, the following shall apply within this District:
(a)
Minimum Yards
(i)
Front - 9.0 m (29.5 ft.)
(ii)
Rear - 9.0 m (29.5 ft.)
(iii)
Side - 3.0 m (9.84 ft.)
(b)
Maximum Lot Coverage - 50%
(c)
Outdoor storage is only allowed if kept in a neat and orderly manner or suitably
enclosed by a fence or wall to the satisfaction of the Development Authority.
(d)
Maximum Height - 12.0 m (39.3 ft.) or as determined by the Development
Authority
(e)
Setbacks from Pipeline Rights-of-Way
No building shall be located closer than 15.0 m (49.2 ft.) to the centreline of a
pipeline right-of-way or the centreline of a pipeline within a pipeline right-of-
way, whichever distance is the lesser.
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(f)
Access
Each lot shall have direct access to a road designed and constructed to have regard
for continuity of traffic flow, safety of vehicles, and avoidance of dangerous
intersections, all in the opinion of the Development Authority.
(g)
Landscaping
All yards shall be landscaped with trees, shrubs and planted ground cover in
accordance with plans approved by the Development Authority.
(h)
Upkeep of Lot
The entire lot and all buildings shall be maintained in a neat and tidy manner to
the satisfaction of the Development Authority. This shall include the trimming
and upkeep of landscaped areas and the removal of debris and unsightly objects.
(i)
All other requirements shall be as determined by the Development Authority.
(5)
Additional Regulations
(a)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(b)
Landscaping shall be provided in accordance with Section 7.11 of this Bylaw.
(c)
Grading and drainage of the lot shall be provided in accordance with Section 7.13
of this Bylaw.
(d)
Accessory buildings shall be developed in accordance with Sections 8.1 and 8.2
of this Bylaw.
(e)
Signs shall be allowed in the M District as provided for in Section 8.33 of this
Bylaw.
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9.11 Public Service District - PUB
(1)
Purpose
The general purpose of this District is to allow development of uses of either a public or
private nature which provide services to the community.
(2)
Permitted and Discretionary Uses
(a)
Permitted Uses
(i)
Extended medical treatment facilities
(ii)
Institutional uses
(iii)
Places of worship
(iv)
Public education facilities
(v)
Public parks
(vi)
Senior citizens apartment building
(vii)
Senior citizens home
(viii) Buildings and uses accessory to permitted uses
(b)
Discretionary Uses
(i)
Cemeteries
(ii)
Commercial schools
(iii)
Community recreation services
(iv)
Day care facilities
(v)
Exhibition and convention facilities
(vi)
Government services
(vii)
Group care facilities
(viii) Health services
(ix)
Libraries and cultural exhibits
(x)
Post secondary schools
(xi)
Private clubs
(xii)
Protective and emergency services
(xiii) Public uses
(xiv)
Public or quasi-public uses
(xv)
Public utility installations
(xvi)
Recreation, active
(xvii) Recreation, passive
(xviii) Recreational facilities
(xix)
Recreational trailer parks
(xx)
Recreational uses
(xxi)
Solar energy collection systems
(xxii) Other uses which, in the opinion of the Development Authority, are
similar to the above mentioned permitted and discretionary uses
(xxiii) Buildings and uses accessory to discretionary uses
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(3)
Subdivision Regulations
(a)
Minimum lot area shall be sufficient, in the opinion of the Subdivision Authority,
to accommodate the proposed use.
(4)
Development Regulations
In addition to the General Provisions, Part 7.0 and the Special Use Regulations, Part 8.0
of this Bylaw, the following shall apply within this District:
(a)
All regulations shall be at the discretion of the Development Authority.
(b)
The Development Authority shall require that the design, siting, landscaping,
screening and buffering of any development minimize and compensate, for any
objectionable aspects or potential incompatibility with development in abutting
Districts.
(c)
In considering whether or not to approve a development application for a
discretionary use, the Development Authority shall evaluate the proposal in terms
of its scale and the extent to which it is consistent with, and not prejudicial to, the
overall purpose of this District.
(5)
Additional Regulations
(a)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(b)
Landscaping shall be provided in accordance with Section 7.11 of this Bylaw.
(c)
Grading and drainage of the lot shall be provided in accordance with Section 7.13
of this Bylaw.
(d)
Accessory buildings shall be developed in accordance with Sections 8.1 and 8.1
of this Bylaw.
(e)
Signs shall be allowed in the PUB District as provided for in Section 8.33 of this
Bylaw.
(f)
Places of worship shall be developed in accordance with Section 8.22 of this
Bylaw.
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9.12 Urban Reserve District - UR
(1)
Purpose
The general purpose of this District is to reserve those lands on the periphery of the Town
which, by their relationship to existing land uses, to the main road system, and to the
established utility systems, will in time become suitable for general urban uses.
(2)
Permitted and Discretionary Uses
(a)
Permitted Uses
(i)
Single Family Dwellings - on existing lots only
(ii)
Extensive agriculture
(iii)
Minor Home Occupations
(iv)
Buildings and Uses Accessory to Permitted Uses
(b)
Discretionary Uses
(i)
Agricultural industry
(ii)
Animal services facility
(iii)
Communication tower facilities
(iv)
Family care facilities
(v)
Garage suites
(vi)
Greenhouses and plant nurseries
(vii)
Major home occupations
(viii) In-law suites
(ix)
Public parks
(x)
Public uses
(xi)
Public utility buildings
(xii)
Public or quasi-public uses
(xiii) Secondary suites
(xiv)
Single family dwellings
(xv)
Small animal breeding and boarding establishments
(xvi)
Wind energy conversion systems, micro
(xvii) Wind energy conversion systems, small
(xviii) Any other strictly temporary use or building which, in the sole opinion of
the Development Authority, will not prejudice the possibility of
conveniently and economically subdividing or developing the area in the
future
(xix)
Other uses which, in the opinion of the Development Authority, are
similar to the above mentioned permitted and discretionary uses
(xx)
Buildings and uses accessory to discretionary uses
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(3)
Subdivision and Development Regulations
(a)
No subdivision or development other than for the above uses shall take place until
an overall plan for the area has been resolved. This plan should establish land
uses, roadway patterns, the proposed land use classifications, public reserve
dedications, and utilities policies.
(b)
The Development Authority may specify the length of time any use is approved in
this District, having regard to the servicing and future development of the subject
area.
(c)
All other regulations shall be at the discretion of the Development Authority.
(4)
Additional Regulations
(a)
Secondary suites, garage suites and in-law suites shall be developed in accordance
with Sections 8.28, 8.10 and 8.14 of this Bylaw.
(b)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(c)
Landscaping shall be provided in accordance with Section 7.5 of this Bylaw.
(d)
Grading and drainage of the lot shall be provided in accordance with Section 7.13
of this Bylaw.
(e)
Accessory buildings shall be developed in accordance with Sections 8.1and 8.2 of
this Bylaw.
(f)
Home occupations shall be developed in accordance with Section 8.12 of this
Bylaw.
(g)
No signs shall be allowed in the UR District except as provided for in Section
8.33 of this Bylaw.
(h)
Sea cans may be allowed, at the discretion of the Development Authority, in
accordance with Section 8.27 of this Bylaw
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9.13 Parks and Recreation District - PR
(1)
Purpose
The general purpose of this District is to allow the use of land for services, mainly of a
public nature, which have a primary orientation toward the community.
(2)
Permitted and Discretionary Uses
(a)
Permitted Uses
(i)
Public parks
(ii)
Buildings and uses accessory to permitted uses
(b)
Discretionary Uses
(i)
Cemeteries
(ii)
Day care facilities
(iii)
Libraries and cultural exhibits
(iv)
Public uses
(v)
Public or quasi-public uses
(vi)
Recreation, active
(vii)
Recreation, passive
(viii) Recreational facilities
(ix)
Recreational uses
(x)
Other uses which, in the opinion of the Development Authority, are
similar to the above mentioned permitted and discretionary uses
(xi)
Buildings and uses accessory to discretionary uses
(3)
Subdivision Regulations
(a)
Minimum lot area shall be sufficient, in the opinion of the Subdivision Authority,
to accommodate the proposed use.
(4)
Development Regulations
In addition to the General Provisions, Part 7.0 and the Special Use Regulations, Part 8.0
of this Bylaw, the following shall apply within this District:
(a)
All regulations shall be at the discretion of the Development Authority.
(b)
The Development Authority shall require that the design, siting, landscaping,
screening and buffering of any development minimize and compensate, for any
objectionable aspects or potential incompatibility with development in abutting
Districts.
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(c)
In considering whether or not to approve a development application for a
discretionary use, the Development Authority shall evaluate the proposal in terms
of its scale and the extent to which it is consistent with, and not prejudicial to, the
overall purpose of this District.
(5)
Additional Regulations
(a)
Fences shall be developed in accordance with Section 7.8 of this Bylaw.
(b)
Landscaping shall be provided in accordance with Section 7.11 of this Bylaw.
(c)
Grading and drainage of the lot shall be provided in accordance with Section 7.13
of this Bylaw.
(d)
Accessory buildings shall be developed in accordance with Sections 8.1 and 8.2
of this Bylaw.
(e)
Signs shall be allowed in the (PR) District as provided for in Section 8.33 of this
Bylaw.
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9.14 Direct Control District - DC
This is a special District employing the discretionary powers available to Council through
Section 641 of the Act. All development permit applications within the Direct Control
District will be brought by the Development Authority Officer to Council who, acting as
Development Authority, will make decisions on all such development permit
applications. All regulations concerning the use and development of land and buildings
within the Direct Control District shall be at the discretion of Council.
UR
UR
R1
R1
R1
R1
R1
R1
R1
R2
R2
R2
R2
R3
R3
PR
PR
PR
PR
PR
PR
M
M
PUB
PUB
PUB
PUB
PUB
PUB
PUB
PUB
PUB
PUB
DC
DC
DC
C3
C2
C2
C2
C2
C2
C1
C1
RMH2
RMH2
RMH1
Railway
Highway 14
Highway 36
Highway 619
Railway
14 Highway
51 Avenue
619 Highway
Range Road 125
50 Street
Township Road 480
36 Highway
54 Street
55 Avenue
52 Street
Range Road 130
54 Avenue
53 Avenue
51 Street
52 Avenue
45 Street
57 Avenue
53 Street
48 Street
4 Avenue
22 Street
Truman Road
1 Avenue
59 Avenue
56 Avenue
58 Avenue
54a Avenue
46 Street
Range Road 130
Township Road 480
36 Highway
56 Avenue
Town of Viking
Land Use Bylaw
Schedule A - Land Use District Map
Digital Geographic Information: Canada National Topological Survey Geobase and Geogratis & Altalis |Geographic coordinate system and projection: UTM. NAD 83 Datum: Zone 12N
FOR MORE INFORMATION: www.munplan.ab.ca | #208, 1751-107 Avenue NW Edmonton, AB T5S 1E5 | 780.486.1991
0 Kilometre
R1 - Residential (Low Density)
R2 - Residential (Medium Density)
R3 - Residential (High Density)
RMH1 - Residential Manufactured Home Park
RMH2 - Residential Manufactured Home Park
C1 - Central Commercial
C2 - Secondary Commercial
C3 - Highway Commercial
C4 - Local Commercial
M - Industrial
PR - Parks and Recreation
PUB - Public Service
UR - Urban Reserve
DC - Direct Control