Land Use Bylaw
Vulcan County, Alberta
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LAND USE BYLAW NO. 2020-028
March 2021
(Consolidated to Bylaw 2025-027, July 2025)
Prepared By:
March 2021
© 2021 Oldman River Regional Services Commission
Prepared for Vulcan County
This document is protected by Copyright and Trademark and may not be reproduced or modified in any manner, or for any purpose, except by
written permission of the Oldman River Regional Services Commission. This document has been prepared for the sole use of the Municipality
addressed and the Oldman River Regional Services Commission. This disclaimer is attached to and forms part of the document.
Vulcan County Land Use Bylaw No. 2020-028 Amendments - Page 1
Vulcan County Land Use Bylaw No. 2020-028 - Amendments
Bylaw No.
Amendment Description
Legal Description
Passed
2022-005
Redesignate: "Rural General - RG" to "Single Lot
Country Residential - SCR"
Portion of NE1/4 9-15-19-W4
9-Mar-2022
2022-021
Addition of provisions for returning amendment
applications.
Addition of definitions for Floor Area and minimum
floor area requirements for Grouped County Residential
(GCR) and Grouped Reservoir Residential (GRR) Land
Use Districts
Addition of "Abattoir" as discretionary use in Vulcan
Industrial Park (VIP) Land Use District.
Addition of provision regarding secondary front yard
setbacks in Section 3 of Vulcan Industrial Park (VIP)
Land Use District.
Amend fencing provisions in Section 14 of Vulcan
Industrial Park (VIP) Land Use District.
Addition of definitions and standards for data
processing operations, and "Data Processing
Operation" as a discretionary use in Rural Industrial (RI)
Land Use District.
3-Aug-2022
2022-022
Redesignate: "Urban Fringe - UF" to "Rural General -
RG"
Portion of SW 1/4 11-16-20-W4M, containing
approximately 3.14 ha (7.76 acres).
13-Jul-2022
2022-023
Redesignate: "Urban Fringe - UF" to "Rural General -
RG"
Portion of SE 1/4 11-16-20-W4M, containing
approximately 3.14 ha (7.76 acres)
13-Jul-2022
2022-024
Redesignate: "Reservoir Vicinity - RV" to "Rural General
- RG"
Portion of SW 1/4 34-16-21-W4M, containing
approximately 3.04 ha (7.52 acres).
15-Jun-2022
2022-026
Redesignate: "Rural General - RG" to "Small Holdings -
SH"
Portion of SW1/4-12-17-25- W4, containing
approximately 5.54 ha (11.21 acres).
7-Sept-2022
2022-034
Defining and allocating uses for Short-Term Rentals
including off-street parking requirements.
Remove Bed & Breakfast from all Land Use Districts.
Adding Agricultural Processing as a use in Rural
General.
Establishing fencing requirements.
Establishing standards for modular home foundations
Regulating recreational vehicles in Hamlet Residential.
Amend legal description for Section 7.2 Grouped
Reservoir Residential District.
Delete Section 3 Accessory Building Preceding Principal
Structure from Schedule 5.
Remove Accessory Building, Structure or Use (Prior to
principal building or use) from all land use districts.
Various non-material textual amendments.
1-Feb-2023
2022-038
Redesignate: "Rural General - RG" to "Rural
Commercial - RC"
Portion of NE1/4 36-20-25-W4 containing
approximately 3.8 ha (9.4 acres).
11-Jan-2023
Vulcan County Land Use Bylaw No. 2020-028 Amendments - Page 2
Bylaw No.
Amendment Description
Legal Description
Passed
2023-008
Redesignate: "Rural General - RG" to "Small Holdings -
SH"
Portion of SE 1/4 29-16-26-W4M, containing
approximately 2.02 +/- ha (5.00 +/- acres)
5-Apr-2023
2023-009
Redesignate: "Rural General - RG" to "Small Holdings -
SH"
Portion of NE 1/4 20-16-26-W4M, containing
approximately 2.02 +/- ha (5.00 +/- acres).
5-Apr-2023
2023-017
Amend the Notification and Consultation provisions
included in Schedule 5, Section 32.2.
21-Jun-2023
2023-026
Amend the Notification and Consultation provisions in
Section 32.27 in Schedule 5 to require a public
information meeting for industrial and commercial
energy projects.
18-Oct-2023
2023-027
Addition of minimum floor area requirement to the HR,
UF, and RV land use districts within Schedule 2.
18-Oct-2023
2023-029
Redesignate: "Urban Fringe - UF" to "Rural
Recreational - RR"
Portion of Plan 8810587, Block 3, containing
approximately 20.83 ha (51.47 acres).
7-Feb-2024
2024-015
Redesignate: "Rural General - RG" to "Grouped Country
Residential - GCR"
Portion of NE ¼ 32-19-25-W4M
21-Aug-2024
2024-020
Redesignate: "Urban Fringe - UF" to "Small Holdings -
SH"
Portion of SE 28-20-23-W4M
2-Oct-2024
2024-021
Redesignate: "Rural General - RG" to "Small Holdings -
SH"
Portion of SE 12-21-26-W4M
2-Oct-2024
2024-022
Various amendments to the Administration Section.
Addition of provision regarding Accessory Buildings to
all land use districts in Schedule 2.
Remove criteria from the Manufactured dwelling 1 use
in the GRR district in Schedule 2.
Amendment to minimum floor area, section 5.2, of the
GRR District.
Various amendments to Use Definitions.
Various amendments to Standards of Development
Schedule 5.
16-Oct-2024
2024-023
Redesignate: "Rural General - RG" to "Small Holdings -
SH"
Portion of SE 23-21-25-W4M
13-Nov-2024
2025-004
"Hamlet Residential - HR" to "Rural General - RG"
Portion of Lot 1, Block 9, Plan 1110752
5-Feb-2025
2025-008
Addition of Mixed Use Development to the Vulcan
Industrial Park land use district.
Addition of Dwelling Unit, Combined to Public Service
land use district.
21-May-2025
2025-026
"Rural General - RG" to "Grouped Country Residential -
GCR"
Portion of SE 17-18-25-W4M
16-July-2025
2025-027
"Rural General - RG" to "Rural Commercial - RC"
Portion of SE 1-19-22-W4M
16-July-2025
Land Use Bylaw No. 2020-028
TABLE OF CONTENTS | i
TABLE OF CONTENTS
ADMINISTRATION
General
Section 1
Title .................................................................................................................................... | 1
Section 2
Scope ................................................................................................................................. | 1
Section 3
Purpose .............................................................................................................................. | 1
Section 4
Repeal of Former Bylaw .................................................................................................... | 1
Section 5
Metric and Imperial Measurements .................................................................................. | 1
Section 6
Definitions ......................................................................................................................... | 1
Section 7
Forms and Fees .................................................................................................................. | 2
Section 8
Compliance with the Legislative and Bylaw Requirements ............................................... | 2
Section 9
Sections Found to be Invalid ............................................................................................. | 2
Section 10
Rules of Interpretation ...................................................................................................... | 3
Section 11
Appendices ........................................................................................................................ | 3
Approving Authorities
Section 12
Development Authority ..................................................................................................... | 3
Section 13
Subdivision Authority ........................................................................................................ | 4
Section 14
Development Officer - Powers and Duties ....................................................................... | 4
Section 15
Municipal Planning Commission - Powers and Duties ...................................................... | 5
Section 16
Council ............................................................................................................................... | 5
Section 17
Subdivision and Development Appeal Board (SDAB) ........................................................ | 5
Development and Subdivision in General
Section 18
Land Use Districts .............................................................................................................. | 6
Section 19
Suitability of Sites .............................................................................................................. | 6
Section 20
Number of Dwelling Units on a Parcel ............................................................................... | 7
Section 21
Non-Conforming Buildings and Uses ................................................................................. | 7
Section 22
Development on Non-Conforming Sized Lots ................................................................... | 8
Section 23
Development Agreements ................................................................................................ | 8
Section 24
Guaranteed Security Triggered by Development Permits ................................................. | 8
Section 25
Minimum Distance Separation Calculations ...................................................................... | 9
Section 26
Architectural Controls ....................................................................................................... | 9
Section 27
Municipal Approval for Encroachments .......................................................................... | 10
Section 28
Certificate of Compliance ................................................................................................ | 10
ii | TABLE OF CONTENTS
Land Use Bylaw No. 2020-028
Development Permit Rules and Procedures
Section 29
Development Permit - When Required .......................................................................... | 10
Section 30
Development Not Requiring a Development Permit ...................................................... | 10
Section 31
Development Permit Application .................................................................................... | 10
Section 32
Determination of Complete Development Permit Application ....................................... | 12
Section 33
Permitted Use Applications ............................................................................................. | 13
Section 34
Discretionary Use Applications ........................................................................................ | 14
Section 35
Development Permit Conditions ..................................................................................... | 15
Section 36
Additional Planning Requirements .................................................................................. | 15
Section 37
Direct Control Districts .................................................................................................... | 15
Section 38
Development Permits in Direct Control Districts ............................................................ | 16
Section 39
Similar Use ....................................................................................................................... | 16
Section 40
Temporary Use ................................................................................................................ | 16
Section 41
Applications Requiring a Variance ................................................................................... | 17
Section 42
Limitations on Variance Provisions .................................................................................. | 18
Section 43
Notification of Adjacent Landowners and Persons Likely Affected ................................. | 18
Section 44
Notice of Decision for Development Permits .................................................................. | 19
Section 45
Establishment of Development ....................................................................................... | 19
Section 46
Failure to Make a Decision - Deemed Refused ............................................................... | 20
Section 47
Development Permit Validity & Ongoing Use ................................................................. | 20
Section 48
Development Permit Extension ....................................................................................... | 20
Section 49
Changes to a Development Permit .................................................................................. | 21
Section 50
Transferability of Development Permit ........................................................................... | 21
Section 51
Reapplication for a Development Permit ........................................................................ | 22
Section 52
Suspension or Cancellation of a Permit............................................................................ | 22
Subdivision Rules and Procedures
Section 53
Subdivision Applications .................................................................................................. | 22
Section 54
Incomplete Subdivision Applications ............................................................................... | 24
Section 55
Subdivision Approval Validity .......................................................................................... | 24
Appeals and Enforcement
Section 56
Appeals and Procedures .................................................................................................. | 24
Section 57
Notice of Violation ........................................................................................................... | 25
Section 58
Stop Orders ...................................................................................................................... | 25
Section 59
Enforcement of Stop Orders ............................................................................................ | 25
Section 60
Penalties and Right of Entry ............................................................................................ | 26
Land Use Bylaw No. 2020-028
TABLE OF CONTENTS | iii
Amendments
Section 61
Amendments to the Land Use Bylaw .............................................................................. | 26
Section 62
Land Use Redesignation Application Requirements ....................................................... | 27
Section 63
Area Structure Plan Requirement .................................................................................... | 28
Section 64
Decisions on Amendments to the Land Use Bylaw ......................................................... | 28
Section 65
Land Use Redesignation Reapplication ........................................................................... | 29
Section 66
Rescinding Land Use Redesignations Amending Bylaws ................................................. | 29
ADMINISTRATIVE DEFINITIONS
Section 67
Administrative Definitions ............................................................................................... | 30
Schedule 1
LAND USE DISTRICTS AND MAPS ................................................................ SCHEDULE 1 | 1
Section 1
Land Use Districts .............................................................................................................. | 1
Section 2
Hamlets ............................................................................................................................. | 1
Schedule 2
LAND USE DISTRICT REGULATIONS ............................................................. SCHEDULE 2 | 1
RURAL GENERAL - RG ....................................................................... SCHEDULE 2 - RG | 1
SINGLE LOT COUNTRY RESIDENTIAL - SCR ...................................... SCHEDULE 2 - SCR | 1
SMALL HOLDINGS - SH ..................................................................... SCHEDULE 2 - SH | 1
GROUPED COUNTRY RESIDENTIAL - GCR ....................................... SCHEDULE 2 - GCR | 1
GROUPED RESERVOIR RESIDENTIAL - GRR ..................................... SCHEDULE 2 - GRR | 1
HAMLET RESIDENTIAL - HR .............................................................. SCHEDULE 2 - HR | 1
HAMLET COMMERCIAL - HC ............................................................. SCHEDULE 2 - HC | 1
RURAL COMMERCIAL - RC ................................................................ SCHEDULE 2 - RC | 1
VULCAN INDUSTRIAL PARK - VIP ..................................................... SCHEDULE 2 - VIP | 1
RURAL INDUSTRIAL - RI ...................................................................... SCHEDULE 2 - RI | 1
RURAL RECREATIONAL - RR .............................................................. SCHEDULE 2 - RR | 1
RESERVOIR VICINITY - RV ................................................................. SCHEDULE 2 - RV | 1
URBAN FRINGE - UF ......................................................................... SCHEDULE 2 - UF | 1
PUBLIC SERVICE - PS .......................................................................... SCHEDULE 2 - PS | 1
DIRECT CONTROL - DC ...................................................................... SCHEDULE 2 - DC | 1
USE DEFINITIONS ................................................................................... SCHEDULE 2 - USE DEFINITIONS | 1
Schedule 3
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ..................... SCHEDULE 3 | 1
Section 1
Development Not Requiring a Development Permit ........................................................ | 1
iv | TABLE OF CONTENTS
Land Use Bylaw No. 2020-028
Schedule 4
LAND SUITABILITY AND SERVICING REQUIREMENTS ................................. SCHEDULE 4 | 1
Section 1
Applicability ....................................................................................................................... | 1
Section 2
Access ................................................................................................................................. |1
Section 3
Water Bodies and River Valleys ........................................................................................... |2
Section 4
Lands Subject to Flooding ................................................................................................... |3
Section 5
Lands Subject to Subsidence or Erosion .............................................................................. |5
Section 6
Contaminated Lands and Brownfield Development .......................................................... |6
Section 7
Environmentally Significant Areas (ESAs) ........................................................................... |7
Section 8
Solid Wastes Disposal ......................................................................................................... |8
Section 9
Drainage, Grading and Retaining Walls .............................................................................. |8
Section 10
Storm Water Management ................................................................................................ |8
Section 11
Water Supply ....................................................................................................................... |9
Section 12
Sewage Disposal .................................................................................................................. |9
Schedule 5
STANDARDS OF DEVELOPMENT ................................................................. SCHEDULE 5 | 1
Section 1
Abandoned Wells .............................................................................................................. | 1
Section 2
Abattoirs ............................................................................................................................. |1
Section 3
Airport and Aerodromes .................................................................................................... |2
Section 4
Anhydrous Ammonia Storage Facilities .............................................................................. |2
Section 5
Architectural Controls ........................................................................................................ |3
Section 6
Automotive Repair and Paint Shops ................................................................................... |3
Section 7
Auto Recycling and Salvage Yards ...................................................................................... |3
Section 8
Shor-Term Rentals .............................................................................................................. |4
Section 9
Building Design, Character, Appearance and Quality of Development .............................. |4
Section 10
Buildings with Live/Work Units .......................................................................................... |5
Section 11
Campgrounds and Recreational Vehicle Parks ................................................................... |5
Section 12
Cannabis Production Facilities ............................................................................................ |7
Section 13
Cannabis Retail Store .......................................................................................................... |7
Section 14
Car and Livestock Truck and Trailer Wash Facilities ........................................................... |8
Section 15
Child Care Facilities ............................................................................................................. |8
Section 16
Dugouts ............................................................................................................................. |9
Section 17
Exposed Foundations and Exterior Building Finishes .......................................................... |9
Section 18
Group Home ..................................................................................................................... |10
Section 19
Heritage Conservation/Historical Sites and Variance Provisions ..................................... |11
Section 20
Home Occupations ........................................................................................................... |11
Section 21
Kennels ............................................................................................................................. |13
Section 22
Lands Affected by the Majorville Guidelines for Land and Resource Management ........ |14
Section 23
Lands Affected by the Wyndham-Carseland Area Structure Plan .................................... |14
Section 24
Lands Affected by the Reservoir Area Structure Plan ...................................................... |14
Section 25
Landscaping Standards and Guidelines ............................................................................. |15
Section 26
Manufactured / Modular / Ready-To-Move / Moved-In Dwelling Standards .................. |16
Land Use Bylaw No. 2020-028
TABLE OF CONTENTS | v
Section 27
Motor Sports Park ........................................................................................................... |18
Section 28
Natural Resource Extractive Uses ..................................................................................... |18
Section 29
Off-Street Parking and Loading Area Requirements for Non-Agricultural Uses ............... |19
Section 30
Recreational Vehicle (RV) Storage ................................................................................... | 24
Section 31
Renewable Energy, Individual ........................................................................................... | 25
Section 32
Renewable Energy, Commercial/Industrial ...................................................................... | 27
Section 33
Second Dwelling Units ..................................................................................................... | 37
Section 34
Service Stations and Gas Stations .................................................................................... | 37
Section 35
Pipelines and Other Utility Corridors ............................................................................... | 38
Section 36
Railways ............................................................................................................................ | 37
Section 37
Sour Gas Facilities ............................................................................................................. | 38
Section 38
Shipping Containers .......................................................................................................... | 39
Section 39
Shooting Range Standards and Location Criteria ............................................................ | 41
Section 40
Signs ................................................................................................................................. | 42
Section 41
Soft Shelled Buildings ....................................................................................................... | 45
Section 42
Work Camps .................................................................................................................... | 46
Section 43
Data Processing Operation .............................................................................................. | 46
Schedule 6
TELECOMMUNICATION SITING PROTOCOL ................................................ SCHEDULE 6 | 1
Section 1
Applicability ....................................................................................................................... | 1
Section 2
Municipal Review and Issuance of Concurrence or Non-Concurrence ............................. | 2
Section 3
Development and Design Standards ................................................................................. | 2
Section 4
Application Submittal Requirements ................................................................................. | 4
Section 5
Notification and Public Consultation Process .................................................................... | 4
APPENDIX A
FORMS AND FEES
APPENDIX B
SUBDIVISION POLICIES
APPENDIX C
PROCESS FLOWCHARTS
APPENDIX D
AREA STRUCTURE PLAN GUIDELINES
APPENDIX E
TECHNICAL STUDIES
APPENDIX F
CONFINED FEEDING OPERATIONS
APPENDIX G
POST & CABLE BARRICADE STANDARDS
Land Use Bylaw No. 2020-028
TABLE OF CONTENTS | v
Section 27
Motor Sports Park ........................................................................................................... |18
Section 28
Natural Resource Extractive Uses ..................................................................................... |18
Section 29
Off-Street Parking and Loading Area Requirements for Non-Agricultural Uses ............... |19
Section 30
Recreational Vehicle (RV) Storage ................................................................................... | 24
Section 31
Renewable Energy, Individual ........................................................................................... | 25
Section 32
Renewable Energy, Commercial/Industrial ...................................................................... | 27
Section 33
Second Dwelling Units ..................................................................................................... | 36
Section 34
Service Stations and Gas Stations .................................................................................... | 37
Section 35
Pipelines and Other Utility Corridors ............................................................................... | 37
Section 36
Railways ............................................................................................................................ | 37
Section 37
Sour Gas Facilities ............................................................................................................. | 38
Section 38
Shipping Containers .......................................................................................................... | 38
Section 39
Shooting Range Standards and Location Criteria ............................................................ | 40
Section 40
Signs ................................................................................................................................. | 42
Section 41
Soft Shelled Buildings ....................................................................................................... | 45
Section 42
Work Camps .................................................................................................................... | 45
Section 43
Data Processing Operation .............................................................................................. | 46
Schedule 6
TELECOMMUNICATION SITING PROTOCOL ................................................ SCHEDULE 6 | 1
Section 1
Applicability ....................................................................................................................... | 1
Section 2
Municipal Review and Issuance of Concurrence or Non-Concurrence ............................. | 2
Section 3
Development and Design Standards ................................................................................. | 2
Section 4
Application Submittal Requirements ................................................................................. | 4
Section 5
Notification and Public Consultation Process .................................................................... | 4
APPENDIX A
FORMS AND FEES
APPENDIX B
SUBDIVISION POLICIES
APPENDIX C
PROCESS FLOWCHARTS
APPENDIX D
AREA STRUCTURE PLAN GUIDELINES
APPENDIX E
TECHNICAL STUDIES
APPENDIX F
CONFINED FEEDING OPERATIONS
APPENDIX G
POST & CABLE BARRICADE STANDARDS
Land Use Bylaw No. 2020-028
ADMINISTRATION | 1
VULCAN COUNTY
LAND USE BYLAW NO. 2020-028
ADMINISTRATION
General
SECTION 1
TITLE
1.1
This bylaw may be referred to or cited as the "Vulcan County Land Use Bylaw".
SECTION 2
SCOPE
2.1
No development shall hereafter be carried out within the boundaries of the municipality except in
conformity with the provisions of this Bylaw.
SECTION 3
PURPOSE
3.1
The purpose of this Bylaw is to, amongst other things:
(a)
divide the municipality into land use districts;
(b)
prescribe and regulate the use(s) for each district;
(c)
establish the role of approving authorities;
(d)
establish a method for making decisions on applications for redesignations and development
permits, including issuing development permits for a development;
(e)
provide the manner in which notice of the issuance of a development permit is to be given;
and
(f)
implement the Municipal Development Plan and other statutory plans of the municipality, as
may be developed.
SECTION 4
REPEAL OF FORMER BYLAW
4.1
The Vulcan County Land Use Bylaw No. 2010-010 and amendments thereto are hereby repealed.
SECTION 5
METRIC AND IMPERIAL MEASUREMENTS
5.1
All units of measure contained within this Bylaw are metric (SI) standards. Imperial measurements
and conversions are provided for convenience and information only.
SECTION 6
DEFINITIONS
6.1
For "Administrative Definitions" refer to Section 66.
6.2
For "Use and Use Related Definitions" refer to Schedule 2.
2 | ADMINISTRATION
Land Use Bylaw No. 2020-028
SECTION 7
FORMS AND FEES
7.1
For the purposes of administering the provisions of this Bylaw, Council may authorize by separate
resolution or bylaw, the preparation and use of such fee schedules and forms as it may deem
necessary. Any such fee schedules and forms are deemed to have the full force and effect of this
Bylaw in execution of the purpose for which they are designed, authorized and issued. Application
forms are included in Appendix A.
7.2
The reduction, refund, or any matter related to application fees requires the approval of Council.
SECTION 8
COMPLIANCE WITH LEGISLATIVE AND BYLAW REQUIREMENTS
8.1
This Bylaw is enacted under Part 17 of the Municipal Government Act. This bylaw is to be read in
conjunction with the Alberta Land Stewardship Act and the South Saskatchewan Regional Plan.
8.2
Notwithstanding that a development permit may not be required by this Bylaw, nothing in this
Bylaw relieves a person or corporation of their duty or obligation to comply with the provisions
and requirements of this Bylaw, or to obtain any other permit, license or other authorization
required by the Government of Canada, the Province of Alberta, or any regulation pursuant to
provincial or federal legislation, nor any bylaw of Vulcan County.
NOTE TO READER: Where a reference to an applicable provincial, federal or other regulatory requirement is listed in
this Bylaw, it is for the convenience of the reader only, and is not meant to be a comprehensive source for all
applicable requirements. Further, where a reference to an applicable provincial, federal or other regulatory
requirement is listed in a particular district or section, the absence of a similar reference for a different development
is not intended to imply that an applicable requirement does not exist.
8.3
Compliance with the provisions and requirements of this Bylaw does not exempt any person or
corporation from complying with any easement, covenant, agreement or contract affecting the
development.
8.4
For those developments requiring approval by provincial agencies, including but not limited to the
Natural Resources Conservation Board, Alberta Energy Regulator, Alberta Utilities Commission,
and where the provincial approval is paramount to a local approval (pursuant to sections 619 &
620 of the MGA) that may be required pursuant to this Bylaw, a local decision may be provided by
the Development Authority prior to or after a decision by the relevant provincial agency (at the
sole discretion of the Development Authority).
NOTE TO READER: It is intended that all statutory plans will align with the Land Use Bylaw. However, where an
inconsistency exists, the Development Authority's decision shall prevail, while considering all relevant plans, this
Bylaw and the MGA.
SECTION 9
SECTIONS FOUND TO BE INVALID
9.1
If one or more provisions of this Bylaw are, for any reason, declared to be invalid, all remaining
provisions are to remain in full force and in effect.
Land Use Bylaw No. 2020-028
ADMINISTRATION | 3
SECTION 10
RULES OF INTERPRETATION
10.1
Unless otherwise required by the context, words used in the present tense include the future
tense; words used in the singular include the plural; and the word person includes a corporation
as well as an individual. The Interpretation Act, as amended, shall be used in the interpretation of
this Bylaw. Words have the same meaning whether they are capitalized or not.
10.2
The written regulations of this Bylaw take precedence over any graphic or diagram if there is a
perceived conflict.
10.3
The Land Use Districts Map takes precedence over any graphic or diagram in the district regulations
if there is a perceived conflict.
10.4
Where a reference to another document or piece of legislation is made in this Bylaw, it is intended
that the reference apply to include any amendments or a successor document or legislation that
replaces the original.
SECTION 11
APPENDICES
11.1
Appendices A through G attached hereto, are for information purposes only, and may be amended
from time to time as they do not form part of this Bylaw.
Approving Authorities
SECTION 12
DEVELOPMENT AUTHORITY
12.1
The Development Authority is established by separate bylaw pursuant to the Municipal
Government Act (MGA) and for the purposes of this Bylaw.
12.2
Council shall be the Development Authority within any Direct Control District, unless specifically
delegated to the Municipal Planning Commission, the Development Officer, or another
designate(s) as stipulated in the particular Direct Control land use district.
12.3
In the absence of the Development Officer, the following are authorized to act in the capacity of
Development Officer:
(a)
Municipal Planning Commission;
(b)
Chief Administrative Officer; or
(c)
a designate(s) in accordance with the MGA.
12.4
The Development Officer is an authorized person in accordance with section 624 of the MGA.
12.5
The Development Authority shall perform such powers and duties as are specified:
(a)
in the Vulcan County Municipal Planning Commission Bylaw;
(b)
in this Bylaw;
(c)
in the MGA; or
(d)
where applicable, by resolution of Council.
4 | ADMINISTRATION
Land Use Bylaw No. 2020-028
NOTE TO READER: The term "Development Authority," where used in this Bylaw, refers to either the Development
Officer or the Municipal Planning Commission (as the case may be), depending on the classification of a "use" in a
specific land use district or where Council has chosen to specifically authorize one entity or the other, or both. Where
the Development Officer or the Municipal Planning Commission are specifically named, the relevant provision is
meant to apply specifically to that individual entity.
SECTION 13
SUBDIVISION AUTHORITY
13.1
The Subdivision Authority is authorized to make decisions on applications for subdivisions pursuant
to the Subdivision Authority Bylaw, and may exercise only such powers and duties as are specified:
(a)
in the Vulcan County Municipal Planning Commission Bylaw;
(b)
in this Bylaw; or
(c)
by resolution of Council.
13.2
The Subdivision Authority may delegate, through any of the methods described in Section 13.1
above, to any individual, municipal staff, or a regional services commission, any of its required
functions or duties in the processing of subdivision applications. In respect of this:
(a)
the delegation of duties by the Subdivision Authority may include the authorized entity being
responsible for determining the completeness of a submitted subdivision application; and
(b) the Subdivision Authority delegate is authorized to carry out the application process with
subdivision applicants as described in the Subdivision Rules and Procedures section of the
Bylaw, including the task of sending all required notifications to applicants as stipulated.
SECTION 14
DEVELOPMENT OFFICER - POWERS AND DUTIES
14.1
The office of the Development Officer is hereby established and such office shall be filled by one
or more persons as appointed by resolution of Council.
14.2
The Development Officer:
(a)
shall receive and process all applications for development permits and determine whether a
development permit application is complete in accordance with Section 32;
(b)
shall maintain for the inspection of the public during office hours, a copy of this Bylaw and all
amendments thereto and ensure that copies of the same are available for public purchase;
(c)
shall also establish and maintain a register in which shall be recorded the application made
for a development permit and the decision made on the application, and contain any such
other information as the Municipal Planning Commission considers necessary;
(d)
shall consider and decide on "permitted use" and "discretionary use - Development Officer"
applications that comply with this Bylaw;
(e)
shall refer to the Municipal Planning Commission, with recommendations, all development
permit applications for which decision making authority has not been assigned to the
Development Officer;
(f)
may refer any development application to the Municipal Planning Commission for its review,
comment or advice;
(g)
shall refer all development applications in a Direct Control district to Council for a decision,
unless Council has specifically delegated approval authority to the Development Officer or
the Municipal Planning Commission;
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(h)
shall notify adjacent landowners and any persons who are likely to be affected by a proposed
development in accordance with Section 43 of this Bylaw;
(i)
shall receive, review, and refer any applications to amend this Bylaw to Council;
(j)
shall issue the written notice of decision and/or development permit on all development
permit applications and any other notices, decisions or orders in accordance with this Bylaw;
(k)
may receive and consider and decide on first time requests for time extensions, up to one
year, for Development Permits which the Development Officer or the Municipal Planning
Commission has approved;
(l)
shall provide a regular report to the Municipal Planning Commission summarizing the
applications made for a development permit and the decision made on the applications, and
any other information as the Municipal Planning Commission considers necessary; and
(m) shall perform any other powers and duties as are specified in this Bylaw, the Municipal
Planning Commission Bylaw, the MGA or by resolution of Council.
SECTION 15
MUNICIPAL PLANNING COMMISSION - POWERS AND DUTIES
15.1
The Municipal Planning Commission may exercise only such powers and duties as are specified in
the MGA, the Municipal Planning Commission Bylaw, this Bylaw, or by resolution of Council.
15.2
The Municipal Planning Commission shall be responsible for:
(a)
considering and deciding upon development permit applications referred to it by the
Development Officer;
(b)
providing recommendations on planning and development matters referred to it by the
Development Officer or Council;
(c)
considering and deciding upon requests for time extensions on development permit
applications referred to it by the Development Officer;
(d)
considering and deciding upon applications for subdivision approval; and
(e)
any other powers and duties as are specified in this Bylaw, the Municipal Planning
Commission Bylaw, the MGA or by resolution of Council.
SECTION 16
COUNCIL
16.1
Council shall be responsible for considering development permit applications within any Direct
Control district, except where the decision making authority has been delegated to the Municipal
Planning Commission or the Development Officer.
SECTION 17
SUBDIVISION AND DEVELOPMENT APPEAL BOARD (SDAB)
17.1
The Subdivision and Development Appeal Board (SDAB) is established by separate bylaw pursuant
to the MGA, and may exercise such powers and duties as are specified in this Bylaw, the MGA and
the Subdivision and Development Appeal Board Bylaw.
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Development and Subdivision in General
SECTION 18
LAND USE DISTRICTS
18.1
The County is divided into those land use districts as specified in Schedule 1 and shown on the
Land Use Districts Maps found in Schedule 1.
18.2
The one or more uses of land or buildings that are:
(a)
permitted uses in each district, with or without conditions; and/or
(b)
discretionary uses in each district, with or without conditions;
are described in Schedule 2, Land Use District Regulations.
18.3
A land use that is not listed as a permitted or discretionary use but which is reasonably similar in
character and purpose to a permitted or discretionary use in that district may be deemed a similar
use by the Development Authority in accordance with Section 39.
18.4
A land use not listed as a permitted or discretionary use or not deemed a similar use, in a district
is a prohibited use and shall be refused.
18.5
Each land use district contains the rules and policies regarding the subdivision of land and the
reconfiguration of existing titles.
SECTION 19
SUITABILITY OF SITES
19.1
Notwithstanding that a use of land may be permitted or discretionary or considered similar in
nature to a permitted or discretionary use in a land use district, the Development Authority may
refuse to approve a subdivision or issue a development permit if the Development Authority is
made aware of or if, in their opinion, the site of the proposed building or use is not safe or suitable
based on the following:
(a)
does not have safe legal and physical access to a maintained road in accordance with the
Land Use Bylaw, other municipal requirements or those of Alberta Transportation if within
300 m (984 ft) of a provincial highway or 800 m (2,625 ft) from the centre point of an
intersection of a controlled highway and a public road;
(b)
has a high water table or soil conditions which make the site unsuitable for foundations
and/or sewage disposal systems in accordance with provincial regulations;
(c)
is situated on an unstable slope;
(d)
consists of unconsolidated material unsuitable for building;
(e)
is situated in an area which may be prone to flooding, subsidence or erosion;
(f)
does not comply with the requirements of the South Saskatchewan Regional Plan, Subdivision
and Development Regulation or any other applicable statutory plans;
(g)
is situated over an active or abandoned coal mine or oil or gas well or pipeline that has not
been sufficiently remediated;
(h)
would expose the structure itself and/or people living and working there to risk from the
operations of a nearby airport or airstrip;
(i)
is unsafe due to contamination by previous land uses;
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(j)
does not meet the minimum setback requirements from a sour gas well or bulk ammonia
storage facility;
(k)
is situated closer to a confined feeding operation than the minimum distance separation
recommended by the Natural Resources Conservation Board (for residential dwellings only,
not including those owned by the confined feeding operation owner);
(l)
does not have an adequate (quality or volume) water supply;
(m) does not have an adequate means of wastewater (i.e. sewage) disposal;
(n)
does not have an adequate means of stormwater disposal;
(o)
does not meet an applicable measurable standard (i.e. lot size or setback requirements) or
any other applicable standards or requirements of this Bylaw;
(p)
would prevent or interfere with the natural and economic extension of a nearby developed
area including but not limited to an oil or gas field, a sewage treatment plant, a waste disposal
or transfer site, a gravel pit, a pipeline or a road system;
(q)
is subject to any easement, caveat, restrictive covenant or other registered encumbrance
which makes it impossible to build on the site.
19.2
Nothing in this section shall prevent the Development Authority from issuing a development
permit or approving a subdivision if the Development Authority is satisfied that there is no risk to
persons or property or that these concerns will be met by appropriate engineering measures or
other mitigating measures and approvals from provincial and/or federal agencies have been
obtained, as applicable.
SECTION 20
NUMBER OF DWELLING UNITS ON A PARCEL
20.1
No person shall construct or locate or cause to be constructed or located more than one dwelling
unit on a parcel unless authorized by the Development Authority through the issuance of a
development permit and only where allowed in the land use district for which the application was
made.
20.2
For the purpose of this section, if a parcel contained more than one dwelling unit on the date that
this Bylaw was adopted, all the dwellings on that parcel are deemed to conform.
20.3
If a certificate of title describes a parcel containing two or more quarter sections or portions
thereof, each one of the quarter sections will be considered a parcel for the purposes of the
provisions under this section.
SECTION 21
NON-CONFORMING BUILDINGS AND USES
21.1
A non-conforming building or use may only be continued in accordance with the provisions
outlined in section 643 of the MGA.
21.2
The Development Officer and the Municipal Planning Commission are authorized to exercise minor
variance powers with respect to non-conforming buildings pursuant to section 643(5)(c) of the
MGA.
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SECTION 22
DEVELOPMENT ON NON-CONFORMING SIZED LOTS
22.1
Development on an existing registered non-conforming sized lot that does not meet the minimum
requirements for lot length, width or area specified in the applicable land use district in Schedule 2
may be permitted at the discretion of the Development Authority.
22.2
The Development Officer is authorized to approve development on existing registered non-
conforming sized lots for permitted uses where the Municipal Planning Commission issued a
variance(s) to the minimum requirements for lot length, width and/or area as part of a subdivision
approval.
SECTION 23
DEVELOPMENT AGREEMENTS
23.1
The Development Authority may require, with respect to a development that as a condition of
issuing a development permit, the applicant enter into an agreement with the municipality,
pursuant to section 650(1) of the MGA, to do any or all of the following:
(a)
to construct or pay for the construction of a road required to give access to the development;
(b)
to construct or pay for the construction of a pedestrian walkway system to serve the
development and/or connect with existing or proposed pedestrian walkway systems that
serves or is proposed to serve an adjacent development;
(c)
to install or pay for the installation of public utilities, other than telecommunication systems
or works, that are necessary to serve the development, whether or not the public utility is,
or will be, located on the land that is the subject of the development;
(d)
to construct or pay for the construction of off-street, or other parking facilities and/or loading
and unloading facilities;
(e)
to pay an off-site levy or redevelopment levy;
(f)
to give security to ensure that the terms of the agreement under this section are carried out.
23.2
The Municipal Planning Commission may require, with respect to a subdivision that as a condition
of issuing an approval for a subdivision, the applicant enter into an agreement with the
municipality, pursuant to section 655(1)(b) of the MGA.
23.3
An agreement referred to in this section may require the applicant for a development permit or
subdivision approval to oversize improvements in accordance with section 651 of the MGA.
23.4
The County may register a caveat under the Land Titles Act with respect to an agreement under
this section against the certificate of title for the land that is the subject of the development, or
for the parcel of land that is the subject of the subdivision.
23.5
If the County registers a caveat under this section, it must discharge the caveat when the
agreement has been complied with.
SECTION 24
GUARANTEED SECURITY TRIGGERED BY DEVELOPMENT PERMITS
24.1
The Development Authority may require a guaranteed security upon evaluation of the scale and
the type of a proposed development. The purpose of the guaranteed security is to ensure the
completion of the development including any attached conditions. The security may take the form
of a cash deposit or an irrevocable letter of credit.
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24.2
The projected amount of the guaranteed security shall be estimated by the applicant/developer
and shall be based on information provided in the development permit application. If, in the
opinion of the Development Authority, the projected costs utilized by the applicant/developer to
calculate the guaranteed security are inadequate, the Development Authority may establish a
higher projected cost for the required work for the purposes of determining the acceptable
amount of the required security. The Development Authority retains the right to stipulate the
amount of the guaranteed security.
24.3
The County shall hold the guaranteed security, without interest payable, until the development
permit has been completed, including any attached conditions, to the satisfaction of the
Development Authority.
24.4
Once the development is complete and all conditions of the development permit have been met,
to the satisfaction of the Development Authority, the guaranteed security will be released back to
the applicant/developer within thirty (30) days from the date the Development Authority verifies
completion.
24.5
In the event that the development, including any attached conditions, is not completed to the
satisfaction of the Development Authority, in accordance with the terms of the development
permit, the County is entitled to draw from the guaranteed security, sufficient funds to undertake
the activities necessary to complete the outstanding items of the development. The County shall
provide an accounting to the applicant/developer indicating how the proceeds of the security were
applied within 60 days from the date of completion.
SECTION 25
MINIMUM DISTANCE SEPARATION CALCULATIONS
25.1
For the purpose of this Bylaw, unless specified otherwise, all minimum distance separation
calculations that apply between residential uses and neighbouring Confined Feeding Operations
shall be consistent with the processes and formulas established in the Agricultural Operation
Practices Act and regulations thereto. Variances of the application of the minimum distance
separation may be considered by the Development Authority with consideration for the applicable
land use district, and/or the applicable subdivision criteria.
SECTION 26
ARCHITECTURAL CONTROLS
26.1
Some areas within the County may have architectural control guidelines in place for the
construction of new buildings and other matters. Architectural control review of plans must be
approved by the Developers' Architectural Control Approval Officer prior to the County accepting
a development permit application as complete.
26.2
The Municipal Planning Commission may require, as a condition of subdivision approval:
(a)
architectural control guidelines to be submitted for review and approval by the municipality
prior to subsequently being registered on title; and
(b)
may stipulate specific development standards, land or building restrictions to be applied or
included in the covenants.
26.3
The County shall not be held responsible for private covenants with regard to the enforcement of
any applicable architectural controls.
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SECTION 27
MUNICIPAL APPROVAL FOR ENCROACHMENTS
27.1
A landowner or developer is required to obtain permission from the County for any improvement
or structure that may be located over an easement or utility right-of-way in favour of the County
or one of its utility agency designates.
27.2
In situations where a development may be exempt from obtaining a development permit, the
landowner or developer is still required to obtain permission from the municipality for any
improvement or structure that may be located over an easement or utility right-of-way in favour
of the municipality or one of its utility agency designates. Notwithstanding that no permit may be
required, the County may deny the placement of structures or improvements over an easement
or right-of-way and may also order the removal or relocation of such.
27.3
The County may enter into an encroachment agreement for the encroachment of a building or
structure onto a County owned parcel, pursuant to section 72 of the Land Titles Act, or onto a
municipal road right-of-way, pursuant to section 651.2 of the MGA, where it is satisfied that the
interest of the public will not be adversely affected.
SECTION 28
CERTIFICATE OF COMPLIANCE
28.1
A certificate of compliance letter respecting the categorization of a land use(s) (i.e. permitted or
discretionary), building setbacks on a parcel of land, and consistency with an approved
development permit(s), may be issued by the Development Officer upon receipt of a real property
report, a complete application form and the applicable fee. The real property report must not be
more than 12 months old. If older than 12 months, it must be accompanied with a statutory
declaration stating that no new buildings or structures have been erected on the property.
Development Permit Rules and Procedures
SECTION 29
DEVELOPMENT PERMIT - WHEN REQUIRED
29.1
Except as otherwise provided for in Schedule 3 (Development Not Requiring a Development
Permit), no development shall be commenced unless a development permit application has been
approved, a development permit issued, and the development is in accordance with the terms and
conditions of a development permit issued pursuant to this Bylaw.
29.2
In addition to meeting the requirements of this Bylaw, it is the responsibility of the applicant to
ascertain, obtain and comply with all other approvals and licenses that may be required by other
federal, provincial or municipal regulatory departments or agencies.
SECTION 30
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
30.1
For the list of uses and developments not requiring a development permit, see Schedule 3.
SECTION 31
DEVELOPMENT PERMIT APPLICATION
31.1
Except as provided in Section 30 and Schedule 3, no person shall commence a development unless
issued a development permit in respect of the proposed development.
31.2
An application for a development permit shall be made by submitting to the Development Officer
the following, which must be of a sufficient quality and content adequate (see Section 32.3 for
more information) to properly evaluate the application:
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(a)
a completed development permit application, signed by the registered owner or authorized
by the owner;
(b)
the prescribed non-refundable application fee, as set by resolution of Council;
(c)
a description of the existing and proposed use of the land, building(s) and/or structures and
whether it is a new development, an alteration/addition, relocation or change of use and
whether the use is temporary in nature;
(d)
a description of the proposed method of providing necessary services including water and
sewage disposal;
(e)
a site plan acceptable to the Development Officer indicating:
(i)
the location of all existing and proposed buildings and structures and registered
easements or rights-of-way, dimensioned to property lines and drawn to a satisfactory
scale;
(ii)
the location of necessary services including a private sewage disposal system, water
service (i.e. well, cistern, dugout), stormwater management areas, and bulk fuel
storage;
(iii) where applicable, the location of existing and proposed approaches, driveways, parking
and loading areas, abutting streets, avenues and lanes, culverts and crossings, surface
drainage patterns, and proposed municipal or private local improvements;
(f)
drawings depicting the exterior elevations of a building and indicating height, horizontal
dimensions, finishing materials and architectural features;
(g)
a floor plan illustrating the use of rooms or spaces within buildings and structures;
(h)
a parcel grading plan or storm water management plan;
(i)
any additional information as may be stipulated in the general standards of development in
Schedule 4 or the use-specific in Schedule 5;
(j)
any such other information as may be required by the Development Authority to evaluate an
application including but not limited to: conceptual schemes, landscaping plans, drainage
plans, servicing and infrastructure plans, soil analysis, geotechnical reports, environmental
site assessment, environmental impact assessment, and/or other reports regarding site
suitability; Real Property Report; or a surveyors sketch;
(k)
a statement of disclosure from the applicant regarding anticipated sequencing and phasing
of a development;
(l)
a statement of disclosure prepared by a qualified professional, licensed to practice in Alberta,
if there are any known environmental contaminants existing on the site; and
(m) documentation from the Alberta Energy Regulator (AER) identifying the presence or absence
of abandoned oil and gas wells as required by the Subdivision and Development Regulation
and a professional plot plan of the proposed development if the presence of an abandoned
well is found.
31.3
The Development Officer may determine that not all of the information listed in Section 31.2 is
required, while having regard for the criteria in Section 32.3.
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31.4
An application for a development permit must be made by the registered owner of the land on
which the development is proposed. An application may be made by a person who is not the
registered owner of the land only with written consent of the owner. The Development Officer
may request a current title documenting ownership and copies of any registered encumbrance,
lien or interest registered on title.
31.5
In the case of a development permit application made for a parcel of land within a Direct Control
district, all requirements and procedures pertinent to the development permit application will be
at the direction and to the satisfaction of Council.
SECTION 32
DETERMINATION OF COMPLETE DEVELOPMENT PERMIT APPLICATION
32.1
A Development Officer shall, within 20 days after the receipt of an application in accordance with
Section 31 for a development permit, determine whether the application is complete.
32.2
The Development Officer may refer an application to the Municipal Planning Commission in order
for the Municipal Planning Commission to determine if the application is complete.
32.3
An application is complete if, in the opinion of the Development Officer, the application contains
the documents and other information necessary to review and make a decision on the application.
For the purposes of guidance on this section, "necessary to review" means sufficient information
investigating and addressing the issues required to assess the suitability of a proposed land use,
which includes but is not limited to: assessing land use impacts like odours, noise, glare, traffic
generation; investigating environmental matters; addressing the type of servicing and
appropriateness of the proposed method of servicing.
32.4
The time period referred to in Section 32.1 may be extended by an agreement in writing between
the applicant and the Development Officer.
32.5
If the Development Officer does not make a determination referred to in Section 32.1 within the
time required under Section 32.1 or 32.4, the application is deemed to be complete.
32.6
If a Development Officer determines that the application is complete, the Development Officer
shall issue to the applicant a written Notice of Completeness acknowledging that the application
is complete, delivered by hand, mail or electronic means.
32.7
The Notice of Completeness in Section 32.6 may be contained within a Notice of Receipt of an
application under Section 43, or with a Notice of Decision under Section 44.
32.8
If the Development Officer determines that the application is incomplete, the Development Officer
shall issue to the applicant a written notice indicating that the application is incomplete and
specifying the outstanding documents and information to be provided. A submittal deadline for
the outstanding documents and information shall be set out in the notice. A later date may be
agreed on between the applicant and the Development Officer in writing to extend the deadline.
32.9
When the Development Officer determines that the information and documents required to be
submitted under Section 32.8 are complete, the Development Officer shall issue to the applicant
a written Notice of Completeness acknowledging that the application is complete, delivered by
hand, mail or electronic means.
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32.10
If the required documents and information under Section 32.8 have not been submitted to the
Development Officer within the timeframe prescribed in the notice issued under Section 32.8, the
Development Officer shall return the application to the applicant accompanied by a written Notice
of Refusal stating the application is deemed refused and the reasons for refusal.
32.11
Despite issuance of a Notice of Completeness under Section 32.6 or 32.9, the Development
Authority in the course of reviewing the application may request additional information or
documentation from the applicant that the Development Authority considers necessary to review
the application.
SECTION 33
PERMITTED USE APPLICATIONS
33.1
Upon receipt of a completed application for a development permit for a permitted use, the
Development Officer shall approve an application for a permitted use where the proposed
development conforms to this Bylaw, with or without conditions, and may require:
(a)
the applicant to enter into a development agreement;
(b)
the payment of any applicable off-site levy or redevelopment levy;
(c)
access to be provided so the site will be legally and physically accessible to a developed
municipal road or if within 300 m (984 ft) of a provincial highway will meet the requirements
of Alberta Transportation;
(d)
a geotechnical investigation to confirm that the site is suitable in terms of topography, soil
characteristics, flooding, subsidence, erosion and treatment of sanitary sewage;
(e)
an alteration of a structure or building size or location to ensure any setback requirements of
this Land Use Bylaw or the Subdivision and Development Regulation can be met;
(f)
any measures to ensure compliance with the requirements of this Land Use Bylaw or any
other statutory plan adopted by the County;
(g)
necessary easements and/or encroachment agreements;
(h)
the provision of public utilities, other than telecommunications systems or works, and
vehicular and pedestrian access;
(i)
to provide security to ensure the terms of the permit approval under this section are carried
out;
(j)
repairs or reinstatement of original road condition of roads or approaches which have been
damaged or destroyed or otherwise altered by development or construction activities upon
the site;
(k)
time periods stipulating completion of development;
(l)
a lot and/or construction stakeout conducted by an approved surveyor or agent to ensure a
building is situated as per an approved site plan;
(m) any measures to ensure compliance with applicable federal, provincial and/or other
municipal legislation and approvals.
33.2
Where an application is for a permitted use in the land use district for which the parcel is
designated, the application shall not be refused by the Development Authority on the basis of use
alone.
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33.3
Upon receipt of a completed application for a permitted use that requests a variance, as stipulated
in Section 41.1, the Development Officer:
(a)
may grant the variance if, in the opinion of the Development Officer, the variance would not
unduly interfere with the amenities of the neighbourhood or materially interfere with or
affect the use, enjoyment or value of neighbouring parcels of land; or
(b)
may refer the development application involving a request for a limited variance to the
Municipal Planning Commission for a decision;
(c)
is not required to notify adjacent landowners or persons likely to be affected prior to issuance
of a decision on a development permit granting a limited variance under this section.
33.4
Upon receipt of a completed application for a permitted use, the Development Officer may refer
the application to the Municipal Planning Commission for a decision.
33.5
Where a use is listed as a permitted use, but is noted within the individual land use district or
elsewhere in this Bylaw as being discretionary in a certain situation (i.e. timing relative to the
establishment of another use, exceeding a certain size or threshold etc.), the use is discretionary.
SECTION 34
DISCRETIONARY USE APPLICATIONS
34.1
Upon receipt of a completed application for a development permit for a discretionary use for which
the Municipal Planning Commission is authorized to decide upon, the Development Officer shall:
(a)
notify adjacent landowners and other persons likely to be affected in accordance with
Section 43; and
(b)
refer the application to the Municipal Planning Commission for a decision.
34.2
Upon receipt of a completed application for a development permit for a discretionary use for which
the Development Officer is authorized to decide upon, the Development Officer shall:
(a)
notify adjacent landowners and other persons likely to be affected in accordance with
Section 43; and
(b)
make a decision on the application in accordance with Section 34.3 or refer the application
to the Municipal Planning Commission for a decision.
34.3
When making a decision on a development permit for a discretionary use, the Development
Authority must take into account:
(a) any statutory plans or non-statutory plans or studies affecting the parcel or type of
development;
(b) the purpose statement in the applicable land use district;
(c)
the appropriateness of the location and parcel for the proposed development;
(d) the land use compatibility and impact of the proposed development with respect to adjacent
land uses and the greater community;
(e)
the merits of the proposed development;
(f)
access, transportation and servicing requirements.
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34.4
After consideration of any response to the notifications of adjacent landowners and other persons
likely to be affected, including government departments and referral agencies as applicable,
compatibility and suitability of the proposed use, Section 34.3, and any other relevant matters, the
applicable Development Authority may:
(a)
approve a development permit with or without conditions, stating reasons; or
(b)
refuse to approve the development permit, stating reasons.
34.5
The Development Authority may place any of the conditions stipulated in Section 33.1 on a
development permit for a discretionary use in any land use district, in addition to any other
conditions necessary to ensure the quality, suitability and compatibility of a development with
other existing and approved uses in the area, or to achieve a logical land use planning objective.
34.6
The Development Authority may issue a development permit for a discretionary use granting
approval of some portion, aspect or use of the proposed development, and refusing another
portion, aspect or use of the proposed development, and shall provide reasons for the partial
refusal.
SECTION 35
DEVELOPMENT PERMIT CONDITIONS
35.1
When a development permit is approved with conditions all "prior to release" conditions must be
satisfied prior to the permit being released and becoming effective.
35.2
When a development permit is approved with conditions of an ongoing nature, those conditions
must be satisfied in perpetuity.
SECTION 36
ADDITIONAL PLANNING REQUIREMENTS
36.1
A conceptual scheme may be required, at the discretion of the Municipal Planning Commission,
prior to determining that an application for a discretionary use is complete (in accordance with
Section 32.2), when in the opinion of the Municipal Planning Commission a development is not at
its full build out stage.
36.2
The Municipal Planning Commission may require, as a condition of development permit, that the
conceptual scheme forms part of the development permit and, if desired to be deviated from in
the future, shall require a subsequent application for a development permit in order to approve
the deviation, along with a revised conceptual scheme.
SECTION 37
DIRECT CONTROL DISTRICTS
37.1
Upon receipt of a completed application for a development permit in a Direct Control district, the
Development Officer shall:
(a)
refer the application to Council for a decision, except where the decision making authority
has been delegated to the Municipal Planning Commission or the Development Officer; and
(b)
notify adjacent landowners and other persons likely to be affected in accordance with
Section 43.
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37.2
After considering any response to notifications issued under Section 43, Council or the delegated
decision making authority may:
(a)
approve a development permit with or without conditions, stating reasons; or
(b)
refuse to approve the development permit, stating reasons.
37.3
Where Council chooses to redistrict a parcel to Direct Control, it shall establish, within the
particular Direct Control bylaw, site specific direct control information which may include
standards and procedural direction.
SECTION 38
DEVELOPMENT PERMITS IN DIRECT CONTROL DISTRICTS
38.1
In accordance with section 641(4)(a) of the MGA, there is no opportunity to appeal an application
for a development permit in a Direct Control district.
SECTION 39
SIMILAR USE
39.1
Upon receipt of an application for a development permit for a use that is not specifically defined
in the Use Definitions in Schedule 2, but which may be similar in character and purpose to other
uses of land and structures in the land use district in which such use is proposed, the Development
Officer may classify the use as either similar to a permitted use or similar to a discretionary use.
39.2
Where a use has been classified similar to a permitted use, the Development Officer may process
the application accordingly as a permitted use or refer the application to the Municipal Planning
Commission for a decision. The notice of the decision shall be subject to Section 44.
39.3
Where a use has been classified similar to a discretionary use for which the Municipal Planning
Commission is authorized to issue a decision, the Development Officer shall:
(a)
notify adjacent landowners and other persons likely to be affected in accordance with
Section 43; and
(b)
refer the application to the Municipal Planning Commission for a decision.
39.4
Upon referral of an application by the Development Officer for a use that may be similar in
character and purpose to a permitted or discretionary use, the Municipal Planning Commission:
(a)
shall rule whether or not the proposed use is similar to a use in the land use district in which
it is proposed by way of a typical development application merit review process (including
referrals and presentations at a Municipal Planning Commission meeting) and corresponding
decision;
(b)
if the proposed use is deemed similar to a use in the land use district in which it is proposed,
the application shall be processed as a discretionary use application;
(c)
if the proposed use is not deemed similar to a use in the land use district in which it is
proposed, the development permit shall be refused.
SECTION 40
TEMPORARY USE
40.1
Where a proposed development is for a discretionary use, the Development Authority may issue
a temporary development permit for that development if any of the following apply:
(a)
the proposed development is of a temporary nature;
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(b)
the Development Authority wishes to ensure the suitability or compatibility of a multi-phase
project prior to allowing full build out of the project by only allowing one or more phases to
commence;
(c)
the Development Authority wishes to ensure that the development authorized by the permit
will cease by a specified date or will not be ongoing indefinitely.
40.2
Temporary use applications shall be subject to the following conditions:
(a)
the applicant or developer is liable for any costs involved in the cessation or removal of any
development at the expiration of the established time period;
(b)
the Development Authority may require the applicant to submit security guaranteeing the
cessation or removal of the temporary use; and
(c)
any other conditions as deemed necessary in accordance with Section 33.1.
40.3
A use deemed temporary in nature shall be processed in accordance with the corresponding
Sections 33 and 34 of this Bylaw. Notification of adjacent landowners and other persons likely to
be affected shall be in accordance with Section 43 of this Bylaw.
SECTION 41
APPLICATIONS REQUIRING A VARIANCE
41.1
The Development Officer may, in deciding upon an application for a permitted use, or a
discretionary use - Development Officer, allow a minor variance:
(a)
up to 10 percent of any one numeric standard of this Bylaw and/or;
(b)
up to 50 percent of one yard requirement (front, rear or side) for existing development within
the Rural General - RG Land Use District to bring development into compliance;
provided it is in accordance with the criteria in Section 41.3(a) and (b).
41.2
The Development Officer is authorized to exercise minor variance powers with respect to non-
conforming buildings pursuant to Section 21.2 of this Bylaw and section 643(5)(c) of the MGA. The
Development Officer may refer a matter respecting a non-conforming building to the Municipal
Planning Commission for a decision.
41.3
The Municipal Planning Commission may approve or conditionally approve a permitted use
referred to the Municipal Planning Commission pursuant to Section 33.4 or, a discretionary use
that does not comply with this Bylaw if, in the opinion of the Municipal Planning Commission, the
use complies with the following tests:
(a)
the proposed development would not unduly interfere with the amenities of the
neighbourhood, or materially interfere with or affect the use, enjoyment or value of
neighbouring parcels; and
(b)
the proposed development conforms with the use as defined in the land use bylaw.
NOTE TO READER: The definition of a use cannot be waived (see Use Definitions). Meaning that the intended purpose
of the use cannot be changed, and if a defined use is not listed in the particular land use district applicable to the land
subject of the application, there is not ability to approve that use. A land use bylaw amendment would be required
to either redesignate a parcel to a district that provides for the desired use, or, for a text amendment to add a
particular use to the land use district.
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SECTION 42
LIMITATIONS ON VARIANCE PROVISIONS
42.1
In approving an application for a development permit with a variance to a Measurable Standard,
the Development Authority shall have regard for the following:
(a)
the general purpose and intent of the appropriate land use district; and
(b)
a variance shall normally only be considered in cases of unnecessary hardship or practical
difficulties particular to the use, character, or situation of land or building which are not,
generally, common to other land in the same land use district.
SECTION 43
NOTIFICATION OF ADJACENT LANDOWNERS AND PERSONS LIKELY AFFECTED
43.1
Where notification of adjacent landowners and other persons likely to be affected is required, the
Development Officer shall, at least 7 days before the meeting of the Municipal Planning
Commission or the decision of the Development Officer:
(a)
mail (postal service or electronic mail) or hand deliver written notice of the application to:
(i)
adjacent landowners and other persons likely to be affected by the issuance of a
development permit;
(ii)
affected municipalities if, in the opinion of the Development Authority, the proposed
development could have an impact upon land uses adjacent to the County boundary or
if required by an applicable intermunicipal development plan;
(iii) any other persons, government departments, advisory committee, homeowner
association or referral agency that is deemed to be affected; or
(b)
publish a notice of the application in a newspaper circulating in the municipality where the
application is located; or
(c)
post a notice of the application in a conspicuous place on the property; or
(d)
any combination of the above; and
(e)
notwithstanding the above, the notice shall always be posted in a prominent place within the
County Office, and on the official municipal website.
43.2
In all cases, notification shall:
(a)
describe the nature and location of the proposed use or development;
(b)
state the place and time where the Municipal Planning Commission will meet to consider the
application; and
(c)
state the process for the submission of written or oral comments on the application.
43.3
When considering applications for which notices have been served, the Development Authority
may afford an opportunity to any interested person to make representation on the application and
shall take into account any such representations made when giving final consideration to the said
application.
43.4
The notification of immediately adjacent landowners is always required, while the notification of
non-adjacent landowners and other persons is at the discretion of the Development Authority. In
evaluating the extent of notification required for a particular development permit, the
Development Officer shall use discretion (except where a specific notification standard is required
in respect of a particular use or situation in this Bylaw) while aiming to notify all persons likely to
be affected by a development.
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SECTION 44
NOTICE OF DECISION FOR DEVELOPMENT PERMITS
44.1
Permitted use permits (not requiring a variance):
Upon the issuance of a development permit for a permitted use that complies with this Bylaw, the
Development Officer shall:
(a)
provide a written notice of decision to the applicant in accordance with Section 44.4;
(b)
post a copy of the decision in a prominent place in the County Office for at least 21 days; and
(c)
publish a copy of the decision on the official municipal website.
44.2
Permitted use permits involving a variance:
Upon the decision on a development permit for a permitted use that involves a variance of a
standard of this Bylaw, the Development Officer shall:
(a)
provide a written notice of decision to the applicant in accordance with Section 44.4;
(b) post a copy of the decision in a prominent place in the County Office for at least 21 days;
(c)
publish a copy of the decision on the official municipal website; and
(d) notify the persons and the referral agencies that were originally notified in accordance with
Section 43.1 using the same method(s) that was originally used for the notification.
44.3
Discretionary use permits:
Upon the decision on a development permit for a discretionary use the Development Officer shall:
(a)
provide a written notice of decision to the applicant in accordance with Section 44.4;
(b)
post a copy of the decision in a prominent place in the County Office for at least 21 days;
(c)
publish a copy of the decision on the official municipal website; and
(d)
notify the persons and referral agencies that were originally notified in accordance with
Section 43.1 using the same method(s) that was originally used for notification.
44.4
The Development Officer will give or send a copy of the written decision, which includes the date
on which the decision was made, to the applicant on the same day the decision is made.
44.5
For the purposes of Section 44.4, the "date on which the decision was made" means:
(a)
the date the Development Authority signs the notice of decision or development permit; or
(b)
the date the decision is posted in the newspaper;
whichever occurs later.
SECTION 45
ESTABLISHMENT OF DEVELOPMENT
45.1
Despite the issuance of a development permit, no development is authorized to commence within
21 days after the date on which the decision was made.
45.2
If an appeal is made, no development is authorized pending the outcome of the appeal.
45.3
Any development occurring prior to the dates determined under Sections 45.1 and 45.2 is at the
risk of the applicant.
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45.4
Unless a development permit is suspended or cancelled, or if an alternative timeline is provided in
the approval conditions of the development permit in accordance with Section 45.5, the
development must be commenced and carried on with reasonable diligence in the opinion of the
Development Authority within 12 months from the date of issuance of the permit, otherwise the
permit is no longer valid.
45.5
The Development Authority may establish, as a condition of approval, that the development must
be reasonably completed within a set period of time, not less than 24 months from the date of the
approval.
45.6
A development permit must be carried out in accordance with approved plans and conditions of
approval.
SECTION 46
FAILURE TO MAKE A DECISION - DEEMED REFUSED
46.1
In accordance with the MGA, an application for a development permit is, at the option of the
applicant, deemed to be refused if the decision of the Development Authority is not made within
40 days of receipt of the completed application unless the applicant has entered into an agreement
with the Development Authority to extend the 40-day period.
SECTION 47
DEVELOPMENT PERMIT VALIDITY & ONGOING USE
47.1
When an approved use that has the benefit of a development permit, has been discontinued for a
period of 12 months or more, any development permit that may have been issued is no longer
valid and said use may not be recommenced until a new application for a development permit has
been made and a new development permit has been issued. This section does not apply to non-
conforming uses which are regulated under section 643 of the MGA and Section 21 of this Bylaw.
47.2
A request to withdraw a development permit shall be made in writing to the Development Officer.
47.3
A development permit is valid only for the location for which it has been issued.
SECTION 48
DEVELOPMENT PERMIT EXTENSION
48.1
An application to extend the validity of a development permit may be made at any time prior to
the expiration of the approved permit in accordance with Sections 47.1 and 48.5, except for a
permit for a temporary use which shall not be extended.
48.2
Upon receipt of a request to extend the validity of a development permit, the validity of a
development permit may be extended once, for up to a period of 12 months, by:
(a)
the Development Officer if the permit was issued by the Development Officer or the
Municipal Planning Commission;
(b)
the Municipal Planning Commission if the permit was approved on appeal by the Subdivision
and Development Appeal Board.
48.3
Notification of adjacent landowners and persons likely affected is not required for an extension
request, or the decision on an extension request.
48.4
An extension request, where approved, must be granted "as is" with the original content of the
development permit application and conditions of approval.
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48.5
A development permit is valid only for the location for which it has been issued.
SECTION 49
CHANGES TO A DEVELOPMENT PERMIT
49.1
The Development Officer may accept minor, non-material modifications to an approved
development permit. Where minor, non-material modifications are proposed and accepted by the
Development Officer, revised drawings shall be submitted to the satisfaction of the Development
Officer.
NOTE TO READER: The allowance for post-approval minor, non-material modifications to a development permit is
intended to improve the efficiency of the development process. Examples of potentially acceptable post-approval
changes include the minor relocation of a building or a change of landscaping materials.
49.2
Where, in the opinion of the Development Officer, a proposed post-approval change to a
development permit exceeds the threshold described in 49.1, a new development permit shall be
required to consider the change.
49.3
A new development permit to consider a change to an existing approved development permit shall
be processed in the same way as the original development permit.
49.4
Where a new development permit proposing to change an existing approved development permit
is approved, the new development permit shall supersede the original development permit to the
extent that they deal with the same matter.
SECTION 50
TRANSFERABILITY OF DEVELOPMENT PERMIT
50.1
A valid development permit is transferable where the use remains unchanged and the
development is affected only by a change of ownership, tenancy, or occupancy, of the land or
building.
50.2
A transferred development permit is only valid with the prior written consent of the Development
Authority.
50.3
A home occupation permit is non-transferable and is invalidated by a change of ownership,
tenancy, or occupancy.
SECTION 51
REAPPLICATION FOR A DEVELOPMENT PERMIT
51.1
If an application for a development permit is refused by the Development Authority or, on appeal
the Subdivision and Development Appeal Board, the submission of another application for a
development permit on the same parcel of land for the same or for a similar use of the land may
not be accepted by the Development Officer for at least six months after the date of refusal.
51.2
If an application was refused solely because it did not comply with the standards of this Bylaw or
was refused as an incomplete application under Section 32.10, the Development Officer may
accept another application on the same parcel of land for the same or similar use before the time
period referred to in Section 51.1 has lapsed, provided the application has been modified to
comply with this Bylaw.
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SECTION 52
SUSPENSION OR CANCELLATION OF A PERMIT
52.1
If, after a development permit has been issued, the Development Authority determines that:
(a)
the application contained a misrepresentation;
(b)
facts were not disclosed which should have been at the time of consideration of the
application for the development permit;
(c)
the development permit was issued in error; or
(d)
the applicant withdrew the application by way of written notice;
the Development Authority may suspend or cancel the development permit by giving notice in
writing to the holder of it and stating the reasons for any suspension or cancellation.
52.2
Upon receipt of the written notification of suspension or cancellation, the applicant must cease all
development and activities to which the development permit relates.
52.3
A person whose development permit is suspended or cancelled under this section may appeal
within 21 days of the date the notice of cancellation or suspension is received to the Subdivision
and Development Appeal Board.
52.4
If a development permit is suspended or cancelled, the Subdivision and Development Appeal
Board shall review the application if an appeal is filed by the applicant and either:
(a)
reinstate the development permit;
(b)
cancel the development permit if the Development Authority would not have issued the
development permit if the facts subsequently disclosed had been known during the
consideration of the application; or
(c)
reinstate the development permit and may impose such other conditions as are considered
necessary to ensure that this Bylaw or any statutory plan is complied with.
Subdivision Rules and Procedures
SECTION 53
SUBDIVISION APPLICATIONS
53.1
An applicant applying for subdivision shall provide the required material and information as
requested by the Subdivision Authority or its designate. A complete application shall consist of:
(a) an official application, in the manner and form prescribed, clearly and legibly completed with
all the required information and signatures provided as requested on the form;
(b)
the applicable fees paid;
(c)
an up-to-date and current copy of the certificate of title to the subject land;
(d)
a surveyor's sketch or tentative subdivision plan with dimensions, structures, location of
private sewage disposal system, professionally prepared;
(e)
provincial abandoned gas well information required by Alberta Energy Regulator Directive
079;
(f)
for vacant parcels, a soils analysis which indicates the ability of the proposed parcel to be
privately serviced, and/or a letter from a certified Private Sewage Disposal Systems installer;
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(g)
any such other information as may be required at the discretion of the Subdivision Authority
in order to accurately evaluate the application and determine compliance with the Land Use
Bylaw and other government regulations. This may include but is not limited to the provision
of geotechnical information, soil analysis reports, water reports, soil or slope stability
analysis, drainage information, contours and elevations of the land, engineering studies or
reports, wetland reports, environmental impact assessments, utility and servicing
information, and/or the preparation of a conceptual scheme or an area structure plan may
be required from the applicant prior to a decision being rendered on a subdivision application
to determine the suitability of the land for the proposed use; and
(h)
the consent to authorize the Subdivision Authority or its designate to carry out a site
inspection on the subject land as authorized in accordance with the MGA must also be
provided on the submitted application form unless determined not to be needed by the
Subdivision Authority.
53.2
In accordance with the MGA, the Subdivision Authority or those authorized to act on its behalf,
shall provide notification to a subdivision applicant within the 20-day prescribed time period, on
whether a submitted application is deemed complete, or if it is determined to be deficient what
information is required to be submitted by a specified time period, by sending notification in the
following manner:
(a)
for an application deemed complete, the applicant shall be notified in writing as part of the
formal subdivision application circulation referral letter;
(b)
for an application determined to be incomplete, written notification shall be given to the
applicant which may be in the form of a letter sent by regular mail to the applicant, or sent
by electronic means, or both, or by any other method as may be agreed to between the
applicant and Subdivision Authority;
(c)
in respect of subsection (b) for a subdivision application determined to be incomplete, the
applicant will be advised in writing as part of the Notice of Incompleteness what the
outstanding or required information items are that must be submitted by the time specified
in the notice.
53.3
Notwithstanding Section 53.2, the applicant and Subdivision Authority may agree and sign a time
extension agreement in writing in accordance with section 653.1(3) of the MGA to extend the 20-
day decision time period to determine whether the subdivision application and support
information submitted is complete.
53.4
A determination made by the Subdivision Authority that an application is complete for processing
does not preclude the ability for the Subdivision Authority to request other information or studies
to be submitted by the applicant during the review and processing period, prior to a decision being
rendered, or as condition of subdivision approval.
SECTION 54
INCOMPLETE SUBDIVISION APPLICATIONS
54.1
The Subdivision Authority may refuse to accept and process a subdivision application where the
information required under Section 53 and/or as described in a Notification of Incompleteness has
not been submitted, is determined to be deficient, is still incomplete, or in the opinion of the
Subdivision Authority the quality of the material supplied is inadequate to properly evaluate the
application.
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54.2
If the Subdivision Authority determines that the application is refused due to incompleteness, the
applicant shall be notified in writing with reasons in the manner as described in Section 53.2.
54.3
The notification provided for in Section 53.2(b) shall include for the applicant the required
information on the filing of an appeal and to which appeal board body the appeal lies, either the
local appeal board or provincial Municipal Government Board, in accordance with the parameters
of the MGA.
SECTION 55
SUBDIVISION APPROVAL VALIDITY
55.1
Upon being satisfied that a plan of subdivision or other instrument complies with a subdivision
approval and that any conditions have been met within 1 year from the date on which the
subdivision application is approved, the Subdivision Authority must, in accordance with section
657 of the MGA, endorse the plan or other instrument.
55.2
The Municipal Planning Commission is hereby authorized to decide upon applications for
subdivision approval endorsement extensions.
55.3
An application to extend the 1-year endorsement period of a subdivision approval may be made
at any time to the Municipal Planning Commission.
55.4
An extension request must be denied or granted "as is" with the original content of the subdivision
application and conditions of approval.
55.5
Where granted, an individual subdivision approval endorsement extension shall be for a period
not exceeding 1 year and the total time from the date of the original approval shall not exceed
5 years.
Appeals and Enforcement
SECTION 56
APPEALS AND PROCEDURES
56.1
In accordance with the MGA, any person receiving a decision on a development permit or any
other person affected by any order, decision or development permit made or issued by an approval
authority, excluding one under Schedule 6 (Telecommunication Siting Protocol), may appeal to the
Subdivision and Development Appeal Board or the provincial Land & Property Rights Tribunal, as
the case may be within 21 days after the date on which the written decision is given.
56.2
Notwithstanding Section 56.1, no appeal lies in respect of the issuance of a development permit
for a permitted use unless the provisions of this Bylaw were relaxed, varied or misinterpreted
pursuant to section 685(3) of the MGA.
56.3
In accordance with the MGA and the procedures outlined, any land owner who applied for
subdivision and was refused an approval or had conditions attached to the approval, may appeal
the decision to the Subdivision and Development Appeal Board, or the provincial Land & Property
Rights Tribunal, as the case may be. Adjacent or affected landowners have no right to appeal a
subdivision under the MGA.
56.4
An appeal to the Subdivision and Development Appeal Board shall be commenced by serving a
written notice of the appeal to the Subdivision and Development Appeal Board and shall be
accompanied by the applicable fees.
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56.5
The Subdivision and Development Appeal Board must hold an appeal hearing within 30 days of the
receipt of a notice of appeal, and give its decision in writing together with reasons within 15 days
after concluding the hearing, in accordance with the provision of the MGA.
56.6
Any decisions made by Council with respect to a Direct Control district are not subject to appeal to
the Subdivision and Development Appeal Board pursuant to section 685(4) of the MGA.
SECTION 57
NOTICE OF VIOLATION
57.1
Where the Development Authority finds that a development or use of land or buildings is not
in accordance with the MGA, the Subdivision and Development Regulation, a development
permit or subdivision approval, or this Bylaw, the Development Officer may, prior to issuing
a Stop Order, issue a notice of violation to the registered owner or the person in possession
of the land or buildings or to the person responsible for the contravention.
57.2
Such notice shall state the following:
(a)
nature of the violation;
(b)
corrective measures required to comply; and
(c)
time period within which such corrective measures must be performed.
SECTION 58
STOP ORDERS
58.1
As set forth in the MGA, the Development Authority is authorized to issue an Order under section
645 of the MGA if a development, land use or use of a building is not in accordance with the MGA,
the Subdivision and Development Regulation, a development permit or subdivision approval, or
this Bylaw.
58.2
A person who receives a Stop Order under Section 58.1 may appeal the order to the Subdivision
and Development Appeal Board within 21 days after the date on which the order is made.
SECTION 59
ENFORCEMENT OF STOP ORDERS
59.1
Pursuant to section 646 of the MGA, if a person fails or refuses to comply with an order directed
to the person under section 645 or an order of a Subdivision and Development Appeal Board under
section 687, the designated officer may, in accordance with section 542, enter on the land or
building and take any action necessary to carry out the order.
59.2
The County may register a caveat under the Land Titles Act in respect of an order referred to in
Section 58.1 against the certificate of title for the land that is the subject of an order.
59.3
If a caveat is registered under Section 59.2, the County must discharge the caveat when the order
has been complied with.
59.4
If compliance with a stop order is not voluntarily effected, the County may undertake legal action,
including but not limited to, seeking injunctive relief from the Alberta Court of Queen's Bench
pursuant to section 554 of the MGA. In accordance with section 553 of the MGA, the expenses
and costs of carrying out an order under section 646 of the MGA may be added to the tax roll of
the parcel of land.
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SECTION 60
PENALTIES AND RIGHT OF ENTRY
60.1
Any person who contravenes any provision of this Bylaw is guilty of an offence in accordance with
the applicable provincial legislation.
60.2
In accordance with section 542 of the MGA, a designated officer may, after giving reasonable
notice to and obtaining consent from the owner or occupier of land upon which this Bylaw or MGA
authorizes anything to be inspected, remedied or enforced or done by a municipality:
(a)
enter on that land at a reasonable time and carry out inspection, enforcement, or action
authorized or required by the enactment or bylaw;
(b)
request anything to be produced to assist in the inspection, remedy, enforcement or action;
and
(c)
make copies of anything related to the inspection, remedy, enforcement or action.
60.3
If a person refuses to grant consent or refuses to produce anything to assist in the inspection,
remedy, enforcement or action referred to in section 542 of the MGA, the municipality under the
authority of section 543 of the MGA may obtain a court order.
Amendments
SECTION 61
AMENDMENTS TO THE LAND USE BYLAW
61.1
Subject to section 692 of the MGA, any Section or Part of this Bylaw may be amended in
accordance with Section 61 of this Bylaw.
61.2
Any person may apply to amend this Bylaw by making an application using the application form
provided in Appendix A for a site-specific or textual amendment and submitting it to the
Development Officer for processing and referral to Council. For a site-specific amendment, a
signed authorization of the registered owner(s) consenting to the application for amendment shall
be required.
61.3
As part of the application referred to in Section 61.2, the applicant must provide the information
required under Section 62 of this Bylaw.
61.4
A person making an application to amend this Bylaw for a purpose other than the clarification of
an existing provision of this Bylaw shall be required to:
(a)
pay the County an application fee as set by Council; and
(b)
provide, in writing, authorization and the right of entry for the Development Authority to
such lands or buildings as may be required for investigation of the proposed amendment.
61.5
Upon receipt of an application to amend, the Development Authority shall:
(a)
initiate or carry out any necessary investigation or analysis of the problems involved in or
related to the amendment;
(b)
prepare a report for the Council on the proposed amendment; and
(c)
submit a copy of the report and all supporting materials to Council.
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61.6
If it appears that the proposed amendment is one which is applicable to and for the benefit of
Vulcan County at large, or most of the persons affected in one area, or to the entire district, then
Council may direct that the application fee be returned to the applicant.
61.7
The Municipal Planning Commission may, at any time on its own motion, present for the
consideration of Council any proposed amendment to this Bylaw.
61.8
Council may, at any time, initiate an amendment to this Bylaw, but prior to first reading of any
proposed amendment the proposal shall be referred to the Development Authority for their report
and recommendations.
61.9
Proposed amendments to this Bylaw are subject to those requirements and procedures set out in
the MGA regarding enactment of bylaws, section 692 specifically.
61.10
Where an application for an amendment to this Bylaw has been refused by Council, another
application that is the same or similar in nature shall not be accepted until at least 6 months after
the date of refusal.
61.11
Where an application has been significantly changed, Council my accept an application prior to
the end of the 6-month period specified in subsection 61.10.
SECTION 62
LAND USE REDESIGNATION APPLICATION REQUIREMENTS
62.1
A request for redesignation from one land use district to another shall be accompanied by the
following information:
(a)
a completed application form and fee;
(b)
a narrative describing the:
(i)
proposed designation and future use(s);
(ii)
consistency with the Municipal Development Plan and applicable statutory plans;
(iii) consistency with the South Saskatchewan Regional Plan and any applicable provincial
legislation or policies (i.e. Water Act, Wetland Policy, etc.);
(iv) compatibility of the proposal with surrounding uses and zoning;
(v)
the suitability of the site, including identification of any constraints and/or hazard areas,
(i.e. easements, soil conditions, topography, drainage, etc.);
(vi) availability of facilities and services (sewage disposal, domestic water, gas, electricity,
fire and police protection, schools, etc.) to serve the subject property; and
(vii) access considerations including potential impacts on public roads;
(c)
a diagram containing the following information prepared by a professional:
(i)
the dimensioned development potential of the site, including proposed location of
structures, access point, and any constraints and/or hazard areas (i.e. easements, soil
conditions, topography, drainage, etc.) and a conceptual subdivision design;
(ii)
proposed location of facilities and services (sewage disposal, domestic water, gas,
electricity) to serve the subject property dimensioned to property lines and structures;
(d)
a report prepared by a certified Private Sewage Disposal System (PSDS) installer or another
qualified consultant that includes:
(i)
a drawing that shows:
-
locations of springs, dugouts or well accessing ground water
-
location of proposed system
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-
locations of test pit or bore hole
-
location and size of the PSDS reserve system (if any);
(ii)
documentation identifying soil characteristics and results of laboratory soil texture
classification;
(iii) comments on the ability of a proposed system to be sited on the property and maintain
required clearance distances;
(e)
an evaluation of surface drainage which may include adjacent properties; and
(f)
any other information deemed necessary by Council to properly evaluate the application and
to understand the impacts and/or merits of the application.
62.2
Council may determine that some or all of the information under Section 62.1 is not necessary to
be submitted with an application.
62.3
A determination that a redesignation application is complete by the Development Authority does
not preclude the ability of Council to request additional information or studies to be submitted
during the review and processing period, prior to a public hearing being held and closed.
SECTION 63
AREA STRUCTURE PLAN REQUIREMENT
63.1
An area structure plan may be required to be prepared, at the discretion of Council, in conjunction
with a redesignation application or on its own, when any of the following apply (see Appendices C
and D for more information):
(a)
more than four lots are proposed or could be created;
(b) the development is of a size, intensity, location, or any combination of the three, that
warrants the benefit of a plan prepared pursuant to sections 633, 636 and 692 of the MGA;
(c)
if otherwise required by Council.
SECTION 64
DECISIONS ON AMENDMENTS TO THE LAND USE BYLAW
64.1
After considering the application and its supporting information, and representations made at the
public hearing, and having regard for the South Saskatchewan Regional Plan, Municipal
Development Plan, any other applicable statutory plan and this Bylaw, Council may, in accordance
with section 230(5) of the MGA:
(a)
pass the proposed bylaw as is;
(b)
amend the proposed bylaw, without the need for further advertising or hearing, and then
pass it;
(c)
refer the proposed bylaw back to administration for further review and/or changes, and
reschedule the application for further consideration;
(d)
amend the proposed bylaw and then refuse it;
(e)
refuse the proposed bylaw as is.
SECTION 65
LAND USE REDESIGNATION REAPPLICATION
65.1
Where an application for an amendment to this Bylaw has been defeated by Council, another
application that is the same or similar in nature may not be accepted until at least six months after
the date of defeat, unless Council applies its discretion in accordance with Section 65.2
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ADMINISTRATION | 29
65.2
Council, at its sole discretion, may accept another application for an amendment to the Land Use
Bylaw on a bylaw that was defeated, prior to the six months described in Section 65.1, if the
applicant applies in writing to Council and describes how the circumstances or proposal has
changed to address Council's concerns on defeat of the previous bylaw, and Council is of the
opinion the revised application may be accepted.
SECTION 66
RESCINDING LAND USE REDESIGNATIONS AMENDING BYLAWS
66.1
Council, at its sole discretion, may rescind an amending bylaw which has redesignated certain lands
within the municipality to accommodate a specific proposed subdivision and/or development.
Council may rescind the said redesignation bylaw and rezone (redesignate) the lands back to their
original designation if:
(a)
the proposed subdivision has not been applied for, decided upon or extended; and/or
(b)
the proposed development has not been applied for, decided upon, commenced or
extended; and
(c)
Council is satisfied that, to the best of their determination, the developer has no intentions
to proceed with the proposal that was the purpose of applying for the redesignation
application,
within 36 months of the redesignation bylaw being given third and final reading.
66.2
The rescinding of the redesignation bylaw shall be undertaken in accordance with section 191 of
the MGA.
ADMINISTRATIVE DEFINITIONS
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ADMINISTRATIVE DEFINITIONS
SECTION 67
ADMINISTRATIVE DEFINITIONS
The following definitions shall apply to the entire bylaw.
A
ABUTTING means to have a common boundary; to border on.
ACCESS, CONGRUENT LEGAL AND PHYSICAL means access to a parcel of land has both legal and physical access at
the same location.
ACCESS, LEGAL means the right vested in an owner of a parcel of land the ability, opportunity, permission, or right
to enter or pass to and from the land, without interference or obstruction. Legal access may be achieved directly
for lands that abut a road or highway or by an access easement which allows one or more persons to access or use
or travel across another's land to reach one or more parcels of land.
ACCESS, LEGAL AND PHYSICAL means a parcel of land abuts a road or highway or an access easement has been
granted and that the legal access is developed, constructed or improved so that vehicles or persons can freely enter
and exit the parcel.
ACCESS, PHYSICAL means a driveway, approach or other method of immediate ingress and egress, developed,
constructed or improved so that vehicles or persons can go and return to a parcel(s) of land. Physical access may be
achieved directly for lands that abuts a road by way of an approach from a developed and maintained municipal
road or a highway.
ADDITION means construction that increases the footprint of an existing building or structure on a parcel of land.
Typically, there will be a common connection from the existing building to the addition.
ADJACENT LAND OR
ADJACENT means land
that is contiguous to a
parcel of land proposed
for
development,
subdivision
or
redesignation
and
includes land that would
be contiguous if not for
a
road,
railway,
walkway, water body,
utility lot, right-of-way,
reserve land or other
similar feature.
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ALTERATION means any structural change to a building that results in an increase or decrease in the area or the
volume of the building; any change in the area frontage, depth, or width of a lot that affects the required yard,
landscaped open space, or parking requirements of this Bylaw; structural change to a sign; and to discontinue or
change the principal use of the site or building with a use defined as being distinct from the discontinued use.
AMENITY AREA means an area(s) within the boundaries of a development intended for recreational or leisure
purposes. These may include landscaped areas, patios, balconies, swimming pools, beaches, and other similar items
that are intended for public use.
APPLICANT means the registered owner of the land or his or her representative or agent certified as such.
APPROVED USE means a use of land and/or building for which a development permit has been issued by the
Development Authority or the Subdivision and Development Appeal Board.
ARCHITECTURAL CONTROLS means a set of development guidelines or standards that have been established by the
developer and registered on a certificate of title for the purpose of creating and maintaining a higher quality of
development/construction than is the norm for a particular subdivision and/or development project. Standards
normally address, but are not limited to, design diversity, square footage, roof slopes and materials, building
cladding, landscaping, accessory buildings, setbacks, driveway materials and other appealing neighbourhood
aesthetics and may also address building lot restrictions, special setbacks and lot grading.
AREA, BUILDABLE means the space created on a lot or parcel within which a building may be constructed once the
setback requirements for a specific zoning district, and any site-specific limitations, have been considered. The
portion of a lot remaining after all undevelopable areas, setbacks from property boundaries and other development
constraints, and minimum yard dimensions have been deducted. The area on a lot that will accommodate the
proposed development of a building. Also referred to as "building envelope."
AREA, FLOOR means the greatest horizontal area of a building above grade within the outside surface of exterior
walls or within the glassline of exterior walls and the centerline of fire walls but not including the floor areas of
basements, unfinished attics, passageways of a building, cellars, attached garages and open porches. All dimensions
shall be outside dimensions.
AREA, LOT means the total area of a lot. Also called "gross area."
AREA REDEVELOPMENT PLAN means a statutory plan, prepared in accordance with sections 634 and 635 of the
MGA for the purpose of all or any of the following:
(a)
preserving or improving land and buildings in the area;
(b)
rehabilitating buildings in the area;
(c)
removing buildings from the area;
(d)
constructing or replacing buildings in the area;
(e)
establishing, improving or relocating public roadways, public utilities or other services in the area;
(f)
any other development in the area.
AREA STRUCTURE PLAN means a statutory plan prepared for the purpose of providing a framework for subsequent
subdivision and development of an area of land (MGA, section 633) and that may be adopted by a Council by bylaw.
AS REQUIRED BY THE DEVELOPMENT AUTHORITY means that a standard or requirement of the Land Use Bylaw
may be established or varied by the Development Officer or the Municipal Planning Commission, as the case may
be, dependent on which entity has jurisdiction.
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AS REQUIRED BY THE DEVELOPMENT OFFICER means that a standard or requirement of the Land Use Bylaw may
be established or varied by the Development Officer.
AS REQUIRED BY THE MUNICIPAL PLANNING COMMISSION means that a standard or requirement of the Land Use
Bylaw may be established or varied by the Municipal Planning Commission.
B
BALCONY means a platform, attached to and projecting from the face of a principal building with or without a
supporting structure above the first storey, normally surrounded by a baluster railing and used as an outdoor porch
or sundeck with access only from within the building.
BARELAND CONDOMINIUM means a condominium in which the units are defined in relation to the land rather than
in relation to a structure, created specifically through subdivision and registered as a condominium plan in
accordance with the Condominium Property Act.
BARELAND CONDOMINIUM UNIT means a bareland unit as defined in the Condominium Property Act.
BASEMENT means the portion of a building or structure, which is partially or wholly below grade.
BED AND SHORE OF A WATER BODY means the land covered so long by water as to wrest it from vegetation or as
to mark a distinct character on the vegetation where it extends into the water or on the soil itself.
BERM means a barrier, typically constructed of mounded earth, used to separate incompatible areas, uses, or
functions, or to protect a site or development from noise. Furthermore, the Development Authority may require
the berm to be landscaped.
BOULEVARD means that portion of a public road right-of-way that lies between a curb and the boundary of a lot or
parcel.
BRID means the Bow River Irrigation District.
BUFFER means the systematic and careful planting of vegetation, placed to provide visual screening and/or physical
separation between uses, buildings, sites or areas that the Development Authority has determined to be
incompatible. If deemed necessary, the Development Authority may require a berm as part of the buffer.
BUILDING includes anything constructed or placed on, in, over or under land, but does not include a highway or road
or a bridge that forms part of a highway or road (MGA, section 616a.1).
BUILDING CONVERSION means the adaptation of a building from the occupancy it was originally designed for to
another occupancy.
BUILDING HEIGHT means the vertical distance between the grade and the highest point of a building, excluding
elevator housing, a roof stairway entrance, a ventilating fan, a skylight, a steeple, a chimney, a smoke stack, a fire
wall or a parapet wall and a flagpole or similar device not structurally essential to the building.
BUILDING INSPECTOR means the person or persons hired to be the chief building inspector or building inspectors in
and for Vulcan County.
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BUILDING PERMIT means a certificate or document issued by the Safety Codes Officer pursuant to provincial
legislation authorizing commencement of construction.
BUILDING SETBACK means the shortest distance between the exterior foundation wall of the building and the
nearest lot line. Depending on the zoning district, the minimum setback will vary.
BUILDING WIDTH, MINIMUM means the minimum horizontal distance of the building's living space measured
parallel to the shortest exterior wall of the building and perpendicular to the longest exterior wall of the building
and excludes porches, decks, patios, balconies, carports, garages, unheated storage space, porte-cochere and other
similar architectural features.
BYLAW means the current Land Use Bylaw of the Vulcan County.
C
CERTIFICATE OF COMPLIANCE means a document signed by the Development Authority, certifying that a
development complies with this Bylaw with respect to yard requirements and insofar as represented on an Alberta
Land Surveyors' Real Property Report.
CHANGE OF USE means the conversion of land or building, or portion thereof from one land use activity to another
in accordance with the Permitted or Discretionary Uses as listed in each land use district.
COMMON WALL means a vertical separation completely dividing a portion of a building from the remainder of the
building and creating in effect a building which, from its roof to its lowest level, is separate and complete unto itself
for its intended purpose, such wall being owned by one party but jointly used by two parties, one or both of whom
is entitled to such use by prior arrangement.
COMMUNITY CONSULTATION means the process and its documented information gathered from the public to
record their opinion on development applications.
CONCEPTUAL SCHEME means a detailed site layout plan for a parcel of land and which describes the following
elements:
(a)
the location of all existing and proposed buildings;
(b)
the location of all existing and proposed uses;
(c)
the anticipated relationship between the proposed development with the surrounding area;
(d)
the potential effect of the proposed development on the surrounding area;
(e)
the proposed layout of all access roads, interior roads, utility services, easements, landscaping and other
amenities, parking, and fencing;
(f)
desired future development/phases until the project reaches its full build out stage;
(g)
any other elements deemed necessary for approval, to the satisfaction of the Development Authority.
A comprehensive conceptual scheme shall be accompanied by a written overview which shall include an evaluation
of impacts on adjacent land uses and how any impacts will be mitigated.
CONDOMINIUM means a building or structure where there exists a type of ownership of individual units, generally
in a multi-unit development or project where the owner possesses an interest as a tenant in common with other
owners in accordance with the provisions of the Condominium Property Act.
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CONDOMINIUM PLAN means a plan of survey registered at a Land Titles Office prepared in accordance with the
provisions of the Condominium Property Act, Revised Statutes of Alberta 2000, Chapter C-22.
CONTIGUOUS means the development of areas immediately adjacent to one another without intervening vacant
land or undevelopable lands.
CORNER VISIBILITY OR CLEAR SIGHT TRIANGLES means a triangular area on a corner
lot that comprises two sides which are measured from the intersection corner for a
distance specified in this Bylaw. The third side of the triangle is a line joining the ends
of the other two sides. Where the lot lines at intersections have rounded corners,
the lot lines will be extended in a straight line to a point of intersection.
COUNCIL means Council of Vulcan County.
COUNTY means Vulcan County, either as a whole, with reference to its geographic extent, or as corporate body,
including its administration and elected Council.
CRITICAL WILDLIFE ZONE means an area which is essential to a significant number of individuals of a species during
at least part of the year. This can include, for example, wintering areas for ungulates, nesting or staging areas for
waterfowl, colony sites for colonial nesters, and over-wintering areas for upland birds.
CUMULATIVE EFFECT means the resulting combined impacts of past, present and reasonably foreseeable future
actions on the landscape. They are the total effect, both direct and indirect impacts, to any resource, ecosystem or
human community no matter who has taken the action.
CUT-OFF PARCEL means a parcel of land that is separated from the remainder of the quarter section by:
(a)
a permanent irrigation canal;
(b)
a watercourse;
(c)
a railway;
(d)
a graded public roadway or highway;
(e)
an embankment.
The affected parcel must be cut off in such a way that it is impractical to operate as part of an agricultural operation.
D
DATA PROCESSING OPERATION means a heavily industrial facility consisting of a building or a group of buildings
housing powerful highly specialized computers that are used to verify digital transactions and require 24/7 climate
control. This use may include an on-site power plant. Data processing includes data storage, crypto mining, and other
similar uses.
DECK means an uncovered or covered horizontal structure off the first storey floor level of a building and intended
for use as a private outdoor amenity space.
DEMOLITION means the pulling down, tearing down or razing of a building or structure.
DEVELOPED RESIDENCE means a legal dwelling (with a development permit) that is both habitable (defined by
Alberta Health) and structurally sound (defined by the Alberta Building Code).
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DEVELOPED RESIDENTIAL SITE means a parcel of land that includes the following:
(a)
a legally approved dwelling;
(b)
developed legal access;
(c)
the provision of a reliable supply of potable water;
(d)
a functional sewage disposal system;
(e) electrical utilities available to the site; and
(f)
may include natural gas utilities available to the site.
DEVELOPER means a person or an owner of land who wishes to alter the title to the property and change the use of
the property from its existing use.
DEVELOPMENT has the same meaning as section 616(b) of the MGA which defines development in the following
way:
(a)
an excavation or stockpile and the creation of either but does not include turning over soil with no
immediate activity on the land in the near future;
(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;
(c)
a change of use, 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.
DEVELOPMENT AGREEMENT means a contractual agreement completed between the municipality and an applicant
or developer, which specifies the services and infrastructure that are to be provided by the applicant or developer
as a condition of development approval. The agreement must be in accordance with sections 648, 650, 654 and 655
of the MGA. As directed by section 650(2) or sections 655(2) of the MGA, the County may register a development
agreement as a caveat on the title for the parcel of land to which the agreement applies.
DEVELOPMENT AUTHORITY means the Municipal Planning Commission or the Development Officer, as provided for
within this Bylaw.
DEVELOPMENT COMMENCEMENT means the instigation of physical, on the ground activities required to carry out
a development permit, evidencing appreciable intent to complete the development in accordance with an approved
development permit.
DEVELOPMENT OFFICER means a person authorized by Council to act as a Development Authority, as directed by
section 624(2) of the MGA and in accordance with the municipality's Municipal Planning Commission Bylaw.
DEVELOPMENT PERMIT means a document that is approved under this Land Use Bylaw by the Development
Authority, and authorizes development on a parcel as directed by the permit.
DEVELOPMENT STANDARDS are regulations prescribed in this Bylaw governing the manner in which development
is to be effected, including the scale, placement, spacing and quality of development. Development standards that
can be accurately measured are often referred to as "dimensional standards" or "measurable standards."
DESIGN GUIDELINES refer to policies established and adopted by Council, separate from this Bylaw, that prescribe
technical requirements respecting the design, construction and maintenance of roads, infrastructure, and other
matters.
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DISCONTINUED means the time at which, in the opinion of the Approving Authority, substantial construction activity
has stopped, or a non-conforming use or conforming use has ceased.
DISTRICT means an area of land use zoning established under Schedule 2 and the Land Use Districts Maps in this
Land Use Bylaw.
DOMESTIC PET means an animal that is kept for domestic purposes. A domestic pet may include the following: cat,
dog, ferret, gerbil, guinea pig, hamster, rabbit, iguana or small non-poisonous amphibians, reptiles, caged birds, and
other similar animals typically sold in pet stores and kept as pets. The Development Authority may include other
animals as domestic pets on a case-by-case basis after due consideration of the potential impact on neighbouring
property and residents.
E
EASEMENT means a right held by one party on land owned by another (a dominant and servient tenement), typically
for access thereto or to accommodate a utility over the parcel, and is typically registered on title.
EAVE means the overhang or extension of a roof line beyond the vertical wall of a building.
EFFLUENT means the liquid discharged from any on-site wastewater treatment system component.
EMBANKMENT means an earth bank constructed so that it is raised above the immediately surrounding land, with
the specific purpose to redirect water or prevent flooding by a river, lake, canal, or other water body, or to carry a
road, railway, or canal across a low-lying area.
ENVIRONMENTAL ASSESSMENT, IMPACT (EIA) means a comprehensive report professionally prepared by a
qualified professional (i.e. engineer, biologist) assessing the impacts a proposed development may have on the
environment, as well as the mitigation measures that can be taken to minimize these impacts.
ENVIRONMENTAL ASSESSMENT, SITE (ESA) means a comprehensive report professionally prepared by a qualified
professional (i.e. engineer, biologist) to determine the environmental condition of a property and its suitability to
support development. This includes a Phase 1 ESA, Phase 2 ESA or a Phase 3 ESA.
ENVIRONMENTALLY SIGNIFICANT AREA means
(a)
areas identified in the Environmentally Significant Areas of Vulcan County 1988 Cottonwood Consultants
Study;
(b)
areas which perform a vital environmental, ecological or hydrological function such as aquifer recharge;
(c)
areas which contain a unique geological or physiographic features;
(d)
areas which contain significant, rare or endangered species;
(e)
areas which are unique habitats with limited representation in the region or a small remnant of once large
habitats which have virtually disappeared;
(f)
areas which contain large and relatively undisturbed habitats and provide shelter habitat for species
which are intolerant of human disturbance;
(g)
areas which contain plants, animals, or landforms which are unusual or of regional, provincial or national
significance; and
(h) areas which provide an important linking function and permit the movement of wildlife over considerable
distance.
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ENVIRONMENTAL RESERVE means any parcel of land specified as environmental reserve by the Subdivision
Authority (MGA, section 664) and designated in a certificate of title in the name of Vulcan County.
ENVIRONMENTAL RESERVE EASEMENT means any parcel of land specified as environmental reserve by the
Subdivision Authority (MGA, section 664) where the ownership of land stays with the landowner but an easement
is registered in favour of Vulcan County.
EXCAVATION means the process of altering the natural elevation of the ground by grading, cutting, stripping, filling
or breaking of ground, but does not include common household gardening and ground care, excavation made for
the building of basements, structures, landscaping, or parking for which a development permit has been issued, or
extensive agriculture. Gravel pit, mineral extraction and any other similar extractive use are not classified as
excavation and are a separate use.
EXCLUSIVE USE AREA means an area not exceeding 140 m2, pursuant to the Condominium Property Act and the
Planning Exemption Regulation respectively, leased to a person for his or her sole use and exclusive possession.
EXISTING PARCEL means a parcel of land in Vulcan County. A parcel of land is defined in the MGA (section 616) as
follows: 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. Where the lot size for a certain use is listed
as "existing parcels," it is meant that this parcel is not eligible for subdivision.
EXOTIC ANIMALS means an introduced, alien, non-indigenous, or non-native animal, which has arrived by human
activity, either deliberate or accidental. Examples of exotic animals in the County may include, but are not limited
to, llamas, alpacas, ostriches, and other non-native species that may be owned and maintained as part of an
agricultural operation.
F
FARM HELP means a person(s) who is engaged in an agricultural operation on agricultural lands.
FARMSTEAD means a part of a parcel:
(a)
that is presently or was formerly used as the site for a dwelling as part of an agricultural operation;
(b)
that typically includes agricultural buildings such as quonsets, grain bins, sheds, and ancillary structures
such as corrals, dugouts, storage areas for farm machinery, equipment and products;
(c)
that is relatively compact and well defined by topography, shelterbelts or other physical characteristics;
(d)
that does not include any cultivated farmland, pasture land or lands unsuitable for agricultural production
unless included within the shelter belt and/or physically defined area. Fencing alone shall not constitute
a physically defined area if it encompasses agricultural land or other lands that are not necessary for
habitation, unless it is proven to be impractical to do so.
FENCE means a vertical physical barrier constructed to prevent visual intrusions, unauthorized access, to confine or
exclude livestock, to private sound abatement, or to delineate property lines.
FIRE PROTECTION includes fire detection, prevention and suppression.
FLOOD, DESIGN refers to the water level reached in a flooding event that has a defined chance (i.e. 1%) of being
equalled or exceeded in any year, as determined in accordance with the technical criteria established by Alberta
Environment and Parks.
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FLOOD FRINGE refers to the portion of the flood hazard area outside of the floodway. Water in the flood fringe is
generally shallower and flows more slowly than in the floodway. Where allowed, new development in the flood
fringe should be floodproofed.
FLOOD HAZARD AREA is the area of land that will be flooded during a design flood, as determined by Alberta
Environment and Parks or Vulcan County. The flood hazard area is divided into two zones: floodway and flood fringe.
FLOOD INUNDATION MAPS show areas at risk for different sized floods, including ice jam floods in some
communities. These maps also identify areas that could be flooded if local berms fail, and are typically used for
emergency response planning and to inform local infrastructure design. In flood hazard studies that have been
completed since the 2013 Alberta floods, as many as 13 scenarios have been modelled for a specific community,
spanning the 1:2 flood to the 1:1000 flood.
FLOODWAY means the inner portion of a flood risk area where the risk of flood is greatest and floodwaters are the
deepest, fastest, and most destructive. The floodway typically includes the main channel of a stream as well as the
adjacent overbank area necessary to effectively convey floodwaters. New development in the floodway is
prohibited.
FLOOR AREA means the sum of the gross horizontal area of the floors and passageways of a building.
FLOOR AREA, LIVABLE means the heated floor area of a building, measured from the outside dimensions of the
exterior walls, used for dwelling purposes, and excluding all non-dwelling areas such as attics, carports, and attached
garages. Developed basements may be included in this calculation.
FLOOR AREA, MINIMUM means a required amount of livable floor area within a dwelling.
FOOTPRINT means the shape of the building/structure where it sits on the parcel. If an outline of the building could
be drawn on the ground where it sits and then the building removed, the footprint is the shape that was drawn
around the building. Changing the footprint of the building means adding to it or removing from it in such a way
that this outline would be altered.
FOUNDATION means the supporting base structure of a building which has been designed and engineered to
support the associated weight of the building or structure.
FRONTAGE means the length of a roadway boundary measured along the front parcel line. On double fronting lots
all sides of a parcel adjacent to roadways shall be considered frontage.
FULL BUILD OUT STAGE means the point at where a development, as conceived and disclosed by the developer in
keeping with the carrying capacity of the land and the limitations in the applicable land use district, has reached its
final outcome/stage to the extent known at the time of disclosure. The ability or intention to develop an accessory
building(s) or use(s) shall not normally elicit an interpretation that a development has not reached its full build out
stage.
G
GEOTECHNICAL REPORT means a report prepared by a qualified and registered professional with the Association of
Professional Engineers and Geoscientists of Alberta (APEGA) summarizing a comprehensive subsurface investigation
of a parcel. All geotechnical reports should contain certain basic essential information, including:
(a)
summary of all subsurface exploration data, including subsurface soil profile, exploration logs, laboratory
or in situ test results, and ground water information;
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(b)
interpretation and analysis of the subsurface data;
(c)
specific engineering recommendations for design;
(d)
discussion of conditions for solution of anticipated problems; and
(e)
recommended geotechnical special provisions.
GRADE, BUILDING (as applied to the determination of building height) means the average level of finished ground
adjoining the main front wall of a building (not including an attached garage), except that localized depressions such
as for vehicle or pedestrian entrances need not be considered in the determination of average levels of finished
ground.
H
HAMLET means a rural settlement, generally too small to be incorporated as a Village, which has been designated
as a Hamlet by the County. From the MGA, section 59(2), an unincorporated community may be designated a hamlet
if the community:
(a)
consists of five or more buildings used as dwellings, a majority of which are on parcels of land smaller
than 1850 m2 (0.5 acre) (20,000 ft2);
(b)
has generally accepted boundary and name; and
(c)
contains parcels of land that are used for non-residential purposes.
HIGHWAY means a public road that is designated as a provincial highway and is under provincial jurisdiction. Within
the County, such highways include the following: Highway 23, 24, 522, 529, 531, 533, 534, 542, 548, 804, 842 and
845.
HOLDING TANK means a tank designed to retain wastewater or effluent until transferred into mobile equipment for
treatment offsite.
HOMEOWNERS' ASSOCIATION means a non-profit organization that requires membership for residential property
owners in a specific development area, that secures its membership fees by a caveat or encumbrance on each
residential property title and that is established for the purpose of:
(a) managing and maintaining the common property, facilities and amenities of the development area for the
benefit of the residents of the development area;
(b) enhancing the quality of life for residents of the development area or enhancing the programs, public
facilities or services provided to the residents of the development area; or
(c) providing non-profit sporting, educational, social, recreational or other activities to the residents of the
development area.
L
LAGOON means a man-made pond for the storage, treatment, and stabilization of wastewater or effluent.
LAND CAPABILITY refers to the ability of the land to support a given land use, based on an evaluation of the physical,
chemical and biological characteristics of the land, including topography, drainage, hydrology, soils and vegetation.
LAND-LOCKED PARCEL means a parcel does not have a means of physical access.
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LANDSCAPING means creating a desired condition on a parcel of land by combining introduced plants with existing
site features and/or introduced elements such as fences, walls, berms, paths, and other similar features.
Landscaping is often required as a condition of a development permit to improve the quality of the site.
LAND USE DISTRICTS are specifically delineated planning areas within Vulcan County. Regulations prescribed in this
Bylaw govern the use of land within the districts, as well as provide minimum standards for development through
stipulations pertaining to the scale, placement, spacing and quality of buildings and structures. All land use districts
referred to in this Bylaw are shown on the Land Use Districts Map found in Schedule 1 of this Bylaw.
LANE or LANEWAY means a public thoroughfare, which provides a secondary means of access to a lot or lots.
LICENSED AIRSTRIP means land licensed as an airstrip as determined by the appropriate federal department.
LOT in accordance with the MGA, means:
(a)
a quarter section;
(b)
a river lot shown on an official plan, as defined in the Surveys Act, that is filed or lodged in a Land Titles
Office;
(c)
a settlement lot shown on an official plan as defined in the Surveys Act, that is filed or lodged in a Land
Titles Office;
(d)
a part of a parcel where the boundaries of the parcel are separately described in the certificate of title
other than by reference to a legal subdivision; or
(e)
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.
LOT, CORNER means a lot located at the intersection of two or more streets.
LOT FRONTAGE means the front lot line or that side of a lot abutting a public roadway, but does not include any side
abutting a lane, unless said lane is the only means of physical access to a lot.
LOT, INTERIOR means a lot situated between two lots or another lot and a lane and having access to not more than
one street.
LOT LENGTH means the horizontal distance between the front and the rear lot lines measured along the median
between the side lot lines.
LOT LINE means a legally defined boundary of any lot. The term property line and boundary line have the
corresponding meaning.
LOT WIDTH means the horizontal distance between the side lot lines measured at a point perpendicular to the front
property line.
M
MAINTENANCE means the upkeep of a building or property that does not involve structural change, the change of
use, or the change in intensity of use.
MAJORVILLE GUIDELINES means the Majorville Guidelines for Land and Resource Management document prepared
by the Government of Alberta under the auspices of the South Saskatchewan Regional Plan.
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MAY is a discretionary term, providing notification that the regulation in question can be enforced if the County
chooses to do so, and is usually dependent on the particular circumstances of the specific parcel and application.
MEASURABLE STANDARD means a dimensional standard stipulated in the current Land Use Bylaw.
MOTOR VEHICLE means a motor vehicle that, at the point of its original manufacture, meets the definition as defined
in the Traffic Safety Act.
MOTOR VEHICLE, UNREGISTERED AND/OR INOPERATIVE means a motor vehicle as defined by this Bylaw that is
either not registered through the Traffic Safety Act or is inoperative, or both. For the purposes of this definition,
inoperative means the motor vehicle cannot be used in its present condition for the purpose for which it was
manufactured.
MUNICIPAL DEVELOPMENT PLAN means a statutory plan, formerly known as a General Municipal Plan, adopted by
Bylaw (MGA, section 632).
MUNICIPAL GOVERNMENT ACT (MGA) means the Municipal Government Act, Revised Statutes of Alberta, 2000,
Chapter M-26.
MUNICIPAL HISTORIC RESOURCE means a heritage resource, together with any land in or on which it is located,
designated by Council as a Municipal Historic Resource by bylaw, whose preservation is considered to be in the
public interest.
MUNICIPAL PLANNING COMMISSION (MPC) means the committee authorized by Council to act as the Subdivision
Authority pursuant to section 623 of the MGA and Development Authority pursuant to section 624 of the MGA, and
in accordance with the Municipal Planning Commission Bylaw.
MUNICIPAL/SCHOOL RESERVE means the land specified to be municipal and school reserve by a subdivision
approving authority (MGA, section 666).
MUNICIPAL SERVICING INSTALLATIONS means the installation of municipal services such as, water and sewer,
roads, storm water drainage facilities, parks, and fire protection.
N
NOISE EXPOSURE FORECAST means a system which provides a measurement of the actual and forecasted aircraft
noise near airports. This system factors in the subjective reactions of the human ear to the specific aircraft noise
stimulus: loudness, frequency, duration, time of occurrence and tone.
NOISE IMPACT ASSESSMENT means an evaluation prepared by a qualified professional which measures noise and
noise impacts.
NON-COMPLIANCE means a development constructed, or use undertaken after the adoption of the current Land
Use Bylaw and does not comply with the current Land Use Bylaw.
NON-CONFORMING BUILDING means a building:
(a)
that is lawfully constructed or lawfully under construction at the date of a Land Use Bylaw or any
amendment thereof affecting the building or land on which the building is situated becomes effective;
and
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(b)
that on the date the Land Use Bylaw or any amendment thereof becomes effective does not, or when
constructed will not, comply with the Land Use Bylaw. [MGA, Part 17, section 616(q)]
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 of a Land Use Bylaw or any amendment thereof affecting the land or building becomes effective; and
(b)
that on the date the Land Use Bylaw or any amendment thereof becomes effective does not, or in the
case of a building under construction, will not comply with the Land Use Bylaw. [MGA, Part 17,
section 616(r)].
NON-SERVICED means in respect to a lot or parcel that neither a municipal water system nor a municipal sewage
system services it.
NUISANCE means anything that is obnoxious, offensive or interferes with the use or enjoyment of property,
endangers personal health and safety, or is offensive to the senses. This could include that which creates or is liable
to create a nuisance through emission of noise, smoke, dust, odour, heat, light, fumes, vibration, fire or explosive
hazard; results in the unsightly or unsafe storage of goods, salvage, junk, waster or other material; or poses a hazard
to health and safety.
O
OFF-SITE LEVY means the rate established by a separate bylaw of Council (MGA, section 648(1)) that will be imposed
upon owners and/or developers who are increasing the use of utility services, traffic services, and other services
directly attributable to the changes that are proposed to the personal property. The revenues from the off-site
levies will be collected by the municipality and used to offset the future capital costs for expanding utility services,
transportation network, and other services that have to be expanded in order to service the needs that are proposed
for the change in use of the property.
OFF-STREET LOADING SPACE means an open area, typically located in the rear yard space, designed expressly for
the parking of haulage vehicles while loading or unloading.
OFF-STREET PARKING means a lot or portion thereof, excluding a public roadway which is used or intended to be
used as a parking area for motor vehicles.
OFF-STREET PARKING SPACE means an off-street area available for the parking of one motor vehicle. Every off-
street parking space shall be accessible from a street, lane or other public roadway.
ON-SITE WASTEWATER TREATMENT SYSTEM means a system for the management and/or treatment of wastewater
at or near the development that generates the wastewater, including that portion of the building sewer, including
the final soil-based effluent dispersal and treatment system but does not include the plumbing building drain from
the development, which ends 1 m (3.25 ft) outside a building.
ORIENTATION means the arranging or facing of a building or other structure with respect to the points of the
compass.
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:
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ADMINISTRATION | 43
(i)
the purchase of the fee simple estate in the land under an agreement for sale that is the subject of
a caveat registered against the certificate of title in the land, and any assignee of the purchaser's
interest that is the subject of a caveat registered against the certificate of title; or
(ii)
in the absence of a person described in paragraph (i), the person registered under the Land Titles
Act as the owner of the fee simple estate in the land;
(c)
the person shown as the owner of land on the assessment roll.
P
PACKAGED SEWAGE TREATMENT PLANT means a manufactured unit that is used to substantially improve the
effluent quality beyond the quality of effluent expected of a septic tank.
PARCEL means the aggregate of the one or more areas of land described in a certificate of title or described in a
certificate of title by reference to a plan filed or registered in a Land Titles Office (MGA, section 616(s)).
PARTIALLY SERVICED LOT means a lot that is provided water or sewer serviced by either:
(a)
a municipal water line or a municipal sewer line; or
(b)
an incorporated organization or co-operative, recognized by the municipality, that is operating a
provincially approved water or sewer system.
PATIO means an outdoor area with an uncovered horizontal structure with a surface height no greater than 0.61 m
(2 ft) above grade and intended for use as a private outdoor amenity space.
PLAN OF SUBDIVISION means a plan of survey prepared in accordance with the relevant provisions of the Land Titles
Act for the purpose of effecting a subdivision.
PLANNER OR PLANNING ADVISOR means the person or organization retained by Vulcan County to provide land use
planning-related advice and services.
PLANNING EXEMPTION REGULATION means Alberta Regulation 223/2000 or its successor.
PRINCIPAL BUILDING means a building which:
(a)
occupies the major or central portion of a lot;
(b)
is the chief or main building on a lot; or
(c)
constitutes, by reason of its use, the primary purpose for which the lot is used.
PRINCIPAL USE means the primary purpose for which a lot, parcel, or building is used or intended to be used in the
opinion of the Development Authority.
PRIOR TO RELEASE means a provision where a development permit condition must be completed prior to a
development permit becoming effective.
PRIVATE SEWAGE DISPOSAL SYSTEM means the whole or any part of a system for the management, treatment and
disposal of sewage on the site where the sewage is generated, but does not include anything excluded by the
regulations.
PRIVATE SEWAGE INSTALLER means a person who holds a private sewage installer certificate of competency issued
pursuant to the Safety Codes Act.
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PROHIBITED USE means one or more uses of land or buildings that are either described in a land use district as
prohibited uses or are not listed as either permitted or discretionary uses and are not deemed to be similar in nature
to either a permitted or discretionary use within a particular land use district.
PROPERTY LINE means any boundary of a parcel.
PROPERTY LINE, FRONT means the property line adjacent to:
(a)
the public roadway other than a lane, and, in the case of more than one property line adjacent to the
public roadway, the front property line shall be the side that gains access to the property; and
(b)
the internal subdivision road when the parcel abuts an internal subdivision road.
PROPERTY LINE, REAR means the property line furthest from opposite the front property line.
PROPERTY LINE, SIDE means a property line other than a front or rear property line.
PROVINCIAL OR FEDERAL REGULATION AUTHORITY means any provincial or federal regulatory body which may
have guidelines, permit requirements, and/or restrictions on land and/or development.
PUBLIC ACCESS means a parcel of land, easement, or other method that is used by the public to enter or exit a
parcel, subdivision or other feature.
PUBLIC OPEN SPACE means land, which is not in private ownership and is open to use by the public.
Q
QUALIFIED PROFESSIONAL means a professional educated in their field of practice or study and whom can
demonstrate appropriate knowledge, expertise and abilities and one who practices the principle of professional
accountability (architect, landscape architect, land use planner, municipal planner, biologist, civil engineer,
geotechnical engineer, municipal engineer, Alberta Land Surveyor, agrologist, geoscientist, hydrologist). A qualified
professional can be described as an expert with specialized knowledge in the field which one is practicing
professionally and practices a high standard of professional ethics, behaviour and work activities while carrying out
one's profession.
QUARTER SECTION means a titled parcel of land approximately 64.8 ha (160 acres) in size and originally established
by the Dominion Land Survey.
QUARTER SECTION, UNSUBDIVIDED means a titled area of 64.8 ha (160 acres) more or less and originally established
by the Dominion Land Survey, but excluding road widening, previous subdivision for school sites and other public
uses.
R
REAL PROPERTY REPORT (RPR) means a legal document that illustrates in detail the location of all relevant, visible
public and private improvements relative to property boundaries prepared by a registered Alberta Land Surveyor.
REGIONALLY SIGNIFICANT AREA means a public park, designated historic or archaeological site, environmentally
sensitive area, forest reserve or any similar facility owned and/or administered by any level of government, including
provincial highways.
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RESIDUAL LOT means the portion of a parcel which is not the primary objective of a subdivision and will be the
remainder area of the original title once a subdivision has occurred.
RIGHT-OF-WAY means an area of land not on a lot that is dedicated for public or private use to accommodate a
transportation system and necessary public utility infrastructure (including but not limited to water lines, sewer
lines, power lines, and gas lines).
RIPARIAN AREAS are vegetative and wildlife areas strongly influenced by water that occur adjacent to streams,
shorelines and wetlands which are delineated by the existence of plant species normally found near freshwater.
ROAD means land:
(a)
established as a statutory roadway that may or may not have been constructed to the municipality's
standard and which may or may not be maintained for public transport;
(b)
shown as a road on a plan of survey that has been filed or registered in a Land Titles Office that may or
may not have been constructed to the municipality's standard and which may or may not be maintained
for public transport;
(c)
used as a public road, and includes a bridge forming part of a public road and any structure incidental to
a public road.
S
SAFETY CODES means a code, regulations, standard, or body of rules regulating things such as building, electrical
systems, elevating devices, gas systems, plumbing or private sewage disposal systems, pressure equipment, fire
protection systems and equipment, barrier free design and access in accordance with the Safety Codes Act.
SCREENING means a fence, earth berm, hedge or trees used to visually and/or physically separate areas or functions.
SEASONAL means a term as defined by the Development Authority and typically not exceeding six months in a
calendar year.
SECURITY means a cash deposit or an irrevocable letter of credit provided by a developer to ensure the conditions
of a development agreement, subdivision condition or development permit condition are carried out to the
satisfaction of the Development Authority.
SEPTIC TANK means a tank or chamber(s) within a tank used to provide primary treatment of wastewater through
the process of settling and floating of solids and in which digestion of the accumulated sludge occurs.
SERVICE ROAD means a road located adjacent to a provincial highway or local road, which is intended to provide
access to one or more subdivided parcels.
SERVICED means a parcel or a lot that is or will be connected to a municipal water system and municipal sewage
system.
SETBACK means the minimum distance required between a property line of a lot and the nearest part of any building,
structure, development, excavation or use on the lot, with the exception of grazing, and is measured at a right angle
to the lot line.
SHALL means that an action is mandatory.
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SHELTERBELT means one or more rows of trees or shrubs planted for the purpose of providing protection from wind
and preventing the erosion of soils.
SHOULD means that an action is recommended but not mandatory.
SIMILAR USE means a use of land or building(s) for a purpose that is not provided in any district designated in this
Bylaw, but is deemed by the Development Authority to be similar in character and purpose to another use of land
or buildings that is included within the list of uses prescribed for that district.
SITE means that part of a parcel or a group of parcels on which a development exists or which an application for a
development permit is being made.
SITE COVERAGE means the percentage of the lot area which is covered by all buildings and structures on the lot.
SITE COVERAGE, ACCESSORY means the percentage of the lot area which is covered by the combined area of all
accessory buildings and structures and includes uncovered decks.
SITE COVERAGE, PRINCIPAL means the percentage of the lot area which is covered by the principal building including
any structure attached to the principal building by an open or enclosed roofed structure, including but not limited
to attached garages, carports, verandas, covered balconies, covered decks, and porches.
SITE PLAN means a plan drawn to scale illustrating the proposed and existing development prepared in accordance
with the requirements of this Bylaw.
SLOPE-ADAPTIVE DEVELOPMENT refers to development effected on hillsides and other comparably steep lands that
is planned and designed in accordance with the existing terrain to achieve compatibility with the physical
environment.
SOIL HORIZON means a layer of soil or soil material approximately parallel to the land surface; it differs from adjacent
genetically related layers in properties such as colour, structure, texture, consistence, and chemical, biological, and
mineralogical composition.
SOUTH SASKATCHEWAN REGIONAL PLAN means the regional plan and regulations established by order of the
Lieutenant Governor in Council pursuant to the Alberta Land Stewardship Act.
STATUTORY PLAN means a Municipal Development Plan (MDP), Intermunicipal Development Plan (IMDP), Area
Structure Plan (ASP) or Area Redevelopment Plan (ARP) prepared and adopted pursuant to the requirements of the
MGA.
STICK BUILT BUILDINGS means structures or buildings that are built on site with one piece of lumber at a time.
STOCKPILE means the temporary storage of materials on or off a hard surface including but not limited to soil,
manure, forage or feed crops, or machinery.
STOP ORDER means an order issued by the Development Authority pursuant to section 645 of the MGA.
STOREY means the space between the top of any floor and the top of the next floor above it and if there is no floor
above it, the portion between the top of the floor and the ceiling above it, but does not include a basement.
STORM WATER means water discharged from a surface as a result of rainfall or melting snowfall.
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STRUCTURE means anything constructed or erected with a fixed location on the ground or attached to something
having a fixed location on the ground. Among other things, structures include buildings, walls, fences, billboards
and poster panels.
SUBDIVISION means the division of a parcel by an instrument that creates separate titles according to the MGA,
Part 17, Division 7. Subdivide has a corresponding meaning.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD means an appeal board established by Council pursuant to
Section 627 of the MGA, or the provincial Land & Property Rights Tribunal, as the case may be.
SUBDIVISION AND DEVELOPMENT REGULATION means regulations established by order of the Lieutenant Governor
in Council pursuant to section 694 of the MGA that governs the subdivision application process. The Regulation
itemizes what subdivision applications must contain, where subdivision applications must be referred to, the
timelines for a decision on subdivision applications and what factors must be considered when making a decision on
subdivision applications. The Regulation also includes conditions and setback requirements for subdivision and
development permit applications from sour gas facilities, gas and oil wells, abandoned wells, wastewater treatment
facilities, landfills or waste sites and highways.
SUBDIVISION APPROVAL means the approval of a subdivision by the Subdivision Authority.
SUBDIVISION AUTHORITY means the body established by bylaw to act as the subdivision authority (MGA,
section 623).
SUBSIDENCE means a localized downward settling or sinking of a land surface, whether caused by natural processes
such as geological faulting or by human-induced activities such as groundwater depletion or subsurface mining.
SUCH AS means includes, but is not limited to the list of items provided.
SURFACE, HARD means an asphalt or concrete surface or other similar surface approved by the Development
Authority but excludes rocks, gravel and dirt.
SURFACE, IMPERMEABLE means a surface that is not porous and does not allow fluids to pass through the surface.
SURFACE, PERMEABLE means a surface that is porous and will allow fluids to filtrate through the surface.
T
TEMPORARY DEVELOPMENT means a development for which a development permit has been issued for a limited
time period as established by the Development Authority, or as set out in this Bylaw.
TREATMENT FIELD means a system of effluent dispersal and treatment by distributing effluent within trenches
containing void spaces that are covered with soil and includes conventional, chamber system, gravel substitute, and
raised treatment fields.
TREATMENT MOUND means a system where the effluent is distributed onto a sand layer and is built above grade
to overcome limits imposed by depth to seasonally saturated soil or bedrock, or by highly permeable or impermeable
soils.
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U
URBAN MUNICIPALITY means the area of a city, town or village, defined by a specified boundary.
USE means the purposes for which land or a building is arranged or intended, or for which either land, a building or
a structure is, or may be, occupied and maintained.
USE, DISCRETIONARY means those uses as prescribed in Schedule 2 of this Bylaw for which a development permit
may be issued with or without conditions by the Development Authority at its discretion upon application having
been made to the Development Authority if the proposed use conforms to this Bylaw. Since the merit of these uses
may vary depending on location and other mitigating circumstances, permit applications must be reviewed by the
Municipal Planning Commission, or, in certain instances, the Development Officer.
USE, EXISTING means a use that was in existence prior to the passing of this Bylaw.
USE, PERMITTED means those uses as prescribed in Schedule 2 of this Bylaw for which a development permit shall
be issued with or without conditions by the Development Authority provided the use complies with any applicable
standards. All Permitted Uses require the issuance of a development permit, unless exempted under this Bylaw.
V
VIEWSCAPE means the area visible from a point, line, arc, or specific locality that is of scenic or historic value deemed
by Council to be in the broader public interest worthy of preservation.
W
WAIVER means the relaxation or variance of a development standard as established in this Bylaw.
WASTE MANAGEMENT TRANSFER STATION means a facility for the collection and temporary holding of solid waste
in a transferable storage container.
WASTEWATER TREATMENT PLANT has the same meaning as referred to in the Subdivision and Development
Regulation and as in the Environmental Protection and Enhancement Act. This definition also includes a wastewater
treatment stabilization plant.
WATER BODY means any location where water flows or is present, whether or not the flow or the presence of water
is continuous or intermittent.
WATER TREATMENT PLANT AND RESERVOIRS means any facility used in the collection, treatment, testing, storage,
pumping, or distribution of water for public water system.
WATER WELL means an opening in the ground, whether drilled or altered from its natural state, that is used for the
production of groundwater for any purpose, and includes any related equipment, buildings, structures and
appurtenances.
WATERCOURSE means a naturally occurring, flowing water body.
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WETLAND means those areas that are inundated and saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions including swamps, marshes, bogs and similar areas.
Y
YARD means the area between a lot line and the
nearest part of any building, structure, development,
excavation or use on the lot. See figure.
YARD, FRONT means a yard extending across the full
width of the site and measured, as to depth, at the
least horizontal distance between the front street
line and the nearest projection of the principal
building. For waterfront parcels, the front yard of
the parcel may be interpreted to be the yard that
buts or is immediately adjacent to a reservoir, or
water body. See figure.
YARD, REAR means a yard extending across the full
width of a lot and situated between the rear lot lines and the nearest portion of the principal building. See figure.
YARD, SECONDARY FRONT means a yard on a corner lot with street frontage but which is not the frontage where
the main entrance to the building or development is oriented or is the yard which is designated the secondary front
by the Development Authority. See figure.
YARD, SIDE means a yard extending from the front yard to the rear yard and situated between the side lot lines and
the nearest portion of the principal building. See figure.
Z
ZONING - see LAND USE DISTRICTS
Schedule 1
LAND USE DISTRICTS AND MAPS
Land Use Bylaw No. 2020-028
SCHEDULE 1 | 1
Schedule 1
LAND USE DISTRICTS AND MAPS
SECTION 1
LAND USE DISTRICTS
1.1
The municipality is divided into those districts shown on the Vulcan County Land Use Districts Maps
in this schedule (following this page).
1.2
Each district shown on the maps referred to in section 1.1 above shall be known by the following
names and identifying abbreviations:
RURAL GENERAL
- RG
SINGLE LOT COUNTRY RESIDENTIAL
- SCR
SMALL HOLDINGS
- SH
GROUPED COUNTRY RESIDENTIAL
- GCR
GROUPED RESERVOIR RESIDENTIAL
- GRR
HAMLET RESIDENTIAL
- HR
HAMLET COMMERCIAL
- HC
RURAL COMMERCIAL
- RC
VULCAN INDUSTRIAL PARK
- VIP
RURAL INDUSTRIAL
- RI
RURAL RECREATIONAL
- RR
RESERVOIR VICINITY
- RV
URBAN FRINGE
- UF
PUBLIC SERVICE
- PS
DIRECT CONTROL
- DC
SECTION 2
HAMLETS
2.1
The following shall be considered hamlets for purposes of this Bylaw and their boundaries shall be
as shown on the applicable Land Use Districts Map:
Brant
Ensign
Herronton
Kirkcaldy
Mossleigh
Shouldice
Travers
Schedule 2
LAND USE DISTRICT REGULATIONS
Land Use Bylaw No. 2020-028
SCHEDULE 2- RG | 1
Schedule 2
LAND USE DISTRICT REGULATIONS
RURAL GENERAL - RG
PURPOSE:
To protect the agricultural land base of the municipality while allowing non-agricultural
developments which complement the area's economy.
SECTION 1
USES
1.1
Permitted Uses
Accessory building, structure or use
Additions to existing buildings
Agricultural building (e)
Agricultural operation (e)
Extensive agriculture (e)
Home occupation 1 (e)
Home occupation 2
Manufactured dwellings 1
Meteorological tower
Modular dwellings 1 and 2
Moved-in building
Moved-in dwelling
Ready-to-move dwelling
Renewable energy, individual
Shipping container (e)
Short-Term Rental 1
Sign, Category 1 (e)
Sign, Category 2
Single detached dwelling
Utilities (e)
1.2
Discretionary Uses - MPC
Abattoir
Agricultural Processing
Agricultural repair shop
Airstrip
Animal care service, small and large
Cemetery and interment services
Child care facility
Community hall
Duplex
Exhibition centre
Home occupation 3
Discretionary Uses - DO
Dwelling unit, combined
Manufactured dwelling 2
Second dwelling unit
Secondary suite
Sign, Category 3
2 | SCHEDULE 2 - RG
Land Use Bylaw No. 2020-028
Discretionary Uses - MPC (continued)
Intensive horticultural operation
Kennel, breeding
Kennel, breeding (existing)
Multi-unit dwelling
Mushroom farm
Natural resource extraction and processing
Public building or use
Religious assembly
Renewable energy, commercial/industrial
Riding stable/arena
Rodeo grounds
School
Shooting range (existing)
Short-Term Rental 2
Stripping and sale of topsoil
Telecommunication tower
Work camp, long term
Work camp, short term
(e) means "Exempt" and development will not require a development permit if it meets all the provisions of
this Bylaw and is in accordance with any applicable requirements in Schedule 3.
SECTION 2
PARCEL AND LOT SIZE
2.1
A minimum lot size of 0.4 ha (1 acre) is recommended for any permitted or discretionary use. This
may be varied by the Municipal Planning Commission to reasonably accommodate the proposed
use. Parcels and lot sizes for all land uses shall be determined by the Municipal Planning
Commission. The following parcel sizes apply to the uses listed below.
2.2
Extensive Agriculture
(a)
existing parcels;
(b)
64.8 ha (160 acres) or an unsubdivided quarter section.
2.3
Farmsteads
(a)
existing parcels;
(b)
flexible maximum based on farmstead definition.
2.4
Vacant Country Residential
(a)
existing parcels;
(b)
minimum of 0.4 ha (1 acre);
(c)
maximum of 1.2 ha (3 acres.
2.5
Confined Feeding Operations
(a)
existing parcels.
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SCHEDULE 2- RG | 3
SECTION 3
DENSITY
3.1
The maximum number of parcels allowed on an unsubdivided quarter section of land shall be two,
unless a redesignation process is undertaken and approved.
SECTION 4
MINIMUM SETBACK FROM PROPERTY LINES
4.1
All structures and buildings shall be setback 7.6 m (25 ft) from all property lines not fronting on or
adjacent to a municipal roadway.
SECTION 5
MINIMUM SETBACKS FROM ROADS
5.1
No part of a building or structure shall be located within 38.1 m (125 ft) of the centre line of any
public roadway which is not designated as a provincial highway under the Highways Development
and Protection Regulation.
5.2
Any road designated as a provincial highway under the Highways Development and Protection
Regulation is subject to setbacks as required by Alberta Transportation and any applications for
development adjacent to a highway should be referred to Alberta Transportation for a Roadside
Development Permit.
5.3
No part of any dugout, regardless of size, shall be located within 76.2 m (250 ft) of the right-of-way
of a highway or public road.
5.4
Dugouts may be allowed closer to the centre line of a highway or public road if a barricade is
installed along 100 percent of the length of that part of the dugout fronting the highway or public
road and 25 percent of the length of the sides of the dugout.
SECTION 6
MINIMUM SETBACKS FROM IRRIGATION INFRASTRUCTURE
6.1
No part of a building or structure shall be located:
(a)
within 10.0 m (33 ft) of the centreline of a Bow River Irrigation District (BRID) irrigation
pipeline or 3.0 m (10 ft) of a registered right-of-way or easement for any irrigation pipeline
or irrigation canal, whichever is greater;
(b)
within 60.1 m (200 ft) from any BRID or Alberta Environment water reservoir measured from
the water's edge at full supply level (FSL) or 30.5 m (100 ft) from the registered reservoir
right-of-way, whichever is greater.
SECTION 7
ACCESS
7.1
The municipality may, at the time of subdivision or development, require the developer to enter
into an agreement for the construction or upgrade of any approach(es) necessary to serve the
development area in accordance with County Design Guidelines.
7.2
To ensure proper emergency access, all developments shall have direct legal and physical access
to a public roadway in accordance with County Design Guidelines. If the development is within
300 m (984.3 ft.) of a provincial highway, direct legal and physical access to a public roadway shall
be to the satisfaction of Alberta Transportation.
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Land Use Bylaw No. 2020-028
7.3
The requirement for a service road or subdivision street to provide access may be imposed as a
condition of subdivision approval for any new development. Survey and construction costs shall
be the responsibility of the applicant.
SECTION 8
ACCESSORY BUILDINGS
8.1
An accessory building shall not be used as a dwelling unit except where approval is granted for a
Dwelling Unit, Combined.
8.2
An accessory building shall be setback a minimum 3.0 m (10 ft) from the principal dwelling and
from all other structures on the same lot.
8.3
Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not an
accessory building.
8.4
An accessory building shall only be constructed after the principal building has been constructed
or the principal use established; except where the accessory building is used for agricultural
purposes as outlined in Section 1.4(a) of Schedule 3.
SECTION 9
FENCES AND SHELTERBELTS
9.1
Agricultural fences constructed of rails, stakes, strung wire, or similar material with more than
85 percent of their surface area open for free passage of light and air may be located along the
property boundaries of any agricultural parcel and are not subject to the 38.1 m (125 ft) setback
from municipal roads or the required setbacks for the land use district.
9.2
Fences used as an enclosure, barrier, boundary, means of protection, privacy screening or
confinement constructed of any allowable material (wood, stone/brick, metal, or plastic) with less
than 85 percent of their surface area open for free passage of light must be located outside the
required setbacks for the land use district and shall not exceed 2.4m (8 ft.) in height.
9.3
In rural areas along municipal roads, the construction or erection of a fence, hedge or shelterbelt
shall comply with the following:
(a)
no fence, hedge, tree or shelterbelt shall be erected which would unduly restrict the vision
of approaching traffic; and
(b)
no fence, hedge, tree or shelterbelt under Section 9.2 shall be erected closer than 7.6 m (25
ft) of the right-of-way of a municipal road. This provision shall not apply to existing yardsites
developed before the passing of this Bylaw.
SECTION 10
SERVICING REQUIREMENTS
10.1
Every development shall be required to install a sewage disposal system and potable water system
to the satisfaction of the Development Authority and in accordance with any applicable County
Design Guidelines.
10.2
The Development Authority may refuse a development if the parcel on which it is proposed is not
large enough, or suitable in any other way, to support a sewage disposal system to the standard
required by the Alberta Private Sewage Systems Standard of Practice or this Bylaw.
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SCHEDULE 2- RG | 5
SECTION 11
SUBDIVISION
General
11.1
The Municipal Planning Commission may only approve one subdivision on an unsubdivided quarter
section within the Rural General - RG district. The Municipal Planning Commission may consider
a quarter section to be unsubdivided if previous subdivisions were for the purpose of:
(a)
public or quasi-public use;
(b)
the parcel meets the requirements of 11.4, Agricultural Uses;
(c)
the parcel meets the requirements of 11.6, Cut-Off or Fragmented Agricultural Parcel; or
(d)
the parcel meets the requirements of 11.8, Subdivision of Existing Small Titles.
Agricultural Uses
11.2
A subdivision for an intensive horticultural use may be treated as an agricultural use and may be
permitted as one of the allowable subdivisions from a quarter section.
11.3
The Municipal Planning Commission shall not approve an application for subdivision of a parcel on
which an existing or proposed confined feeding operation (CFO) is located.
11.4
The creation of large agricultural parcels will be considered on a case-by-case basis and may
include the following:
(a)
the creation of a 32.4 ha (80 acre) parcel provided there is a minimum residual parcel size of
28.3 ha (70 acres); or
(b) logical divisions based on topography or other conditions at the discretion of the Municipal
Planning Commission.
11.5
A parcel created pursuant to the provisions of the above policy or previous provincial policies may
be eligible for the subdivision of an existing farmstead or vacant parcel provided that the proposal
is consistent with the requirements established for single lot parcels in 11.10 and 11.11.
Existing Agricultural Parcels
11.6
The enlargement, reduction or realignment of an existing separate parcel may be approved
provided that:
(a)
the additional lands required are to accommodate existing or related improvements; or
(b)
the proposal is to rectify or rationalize existing habitation, occupancy, cultivation or
settlement patterns; and
(c)
no additional parcels are created over and above those presently in existence;
(d)
the proposed new lot and the proposed residual lot will continue to have direct legal and
physical access to a public roadway, adequate development setbacks, and a suitable building
site; and
(e)
the size, location and configuration of the proposed lot will not significantly affect any
irrigation or transportation system in the area nor the urban expansion strategies of
neighbouring municipalities.
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Land Use Bylaw No. 2020-028
Cut-Off or Fragmented Agricultural Parcel
11.7
Subdivision of an undeveloped or developed cut-off parcel may be approved if:
(a)
the proposed lot is separated from the residual by:
(i)
a registered exception from the title,
(ii)
a feature that creates a significant physical barrier to use of both sides as a unit;
(b)
the proposed lot has legal access;
(c)
neither the proposed lot or the residual parcel are occupied by a confined feeding operation.
11.8
A parcel created pursuant to the provisions of the above policy or previous provincial policies may
be eligible for the subdivision of an existing farmstead or vacant parcel provided that the proposal
is consistent with the requirements established for single lot parcels in 11.10 and 11.11 and the
residual of the fragmented parcel must be at least 1.2 ha (3 acres) in size.
Subdivision of Existing Small Titles
11.9
An existing title of land that is 16.2 ha (40 acres) or less but greater than 2.4 ha (6 acres) may be
divided into two parcels if:
(a)
both parcels can accommodate joint access to a public road; and
(b)
the subdivision does not propose to create more than four titles per quarter.
Single Lot Developed Farmstead
11.10
A subdivision that proposes to create a single parcel containing a developed residence or
farmstead may be approved provided that:
(a)
the proposed parcel is to be subdivided from a previously unsubdivided quarter section
compliant with the farmstead definition with a flexible maximum parcel size based on the
improvements; and
(b)
Farmstead means a part of a parcel that:
(i)
is presently or was formerly used as a single detached dwelling;
(ii)
is further developed with agricultural buildings such as quonsets and grain bins,
accessory buildings, structures such as corrals, storage compounds and/or storage or
areas used for farm machinery, produce and fertilizer, dugout and/or water well or
municipal rural water and septic system;
(iii) is of a compact size and physically defined by topography, shelterbelts or other physical
characteristics;
(iv) does not include any cultivated farmland or lands suitable for agricultural production
unless included within a shelter belt and/or physically defined area. Fencing alone shall
not constitute a physically defined area if it encompasses agricultural land or hazard
lands that are not necessary for the habitation of the proposed subdivision and that
may be left with the larger agricultural parcel unless impractical to do so; limited pasture
land used for grazing of animals may be included where the lands are part of a
developed yard site; and
(c)
the proposed lot on which the dwelling is located and the proposed residual parcel have
direct legal and/or physical access to a public roadway;
(d)
the access is satisfactory to Alberta Transportation where the access is onto or in close
proximity to a primary highway;
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SCHEDULE 2- RG | 7
(e)
the size and location of the proposed lot will not significantly affect any irrigation system in
the area;
(f)
the dwelling unit located on the proposed parcel can meet or exceed the minimum distance
separation (MDS) requirements from an existing confined feeding operation, as established
in the Agricultural Operation Practices Act, Standards and Administration Regulation; and
(g)
the residual parcel size after subdivision is to be flexible based on the proposal for
subdivision.
Single Lot Vacant
11.11
A subdivision which proposes to create a single vacant parcel may be approved provided that:
(a)
the proposed parcel to be created is a maximum of 1.2 ha (3.0 acres) in size;
(b)
the proposed single residential lot contains, in the opinion of the Municipal Planning
Commission, a buildable site;
(c)
the proposed single residential lot can be serviced to the satisfaction of the Municipal
Planning Commission;
(d)
the development on the proposed single residential lot will not, in the opinion of the
Municipal Planning Commission, inhibit public access to or otherwise have a detrimental
effect on agriculture or the recreational use of a river valley, water body, environmentally
sensitive area or special scenic location;
(e)
the proposed lot and the residual parcel both have direct legal and physical access to a public
roadway;
(f)
the access is satisfactory to Alberta Transportation where the access is onto or in close
proximity to a primary highway; and
(g)
the size and location of the proposed lot will not significantly affect any irrigation system in
the area.
Public and Institutional Uses
11.12
A subdivision application for public or institutional uses may be recommended for approval if:
(a)
the Municipal Planning Commission is satisfied that suitable, existing alternative parcels are
not reasonably available in another land use district;
(b)
the legal and physical access, including access to the residual agricultural lot, satisfies Alberta
Transportation, in the case of a provincial highway or the Municipal Planning Commission in
the case of municipal roads; and
(c)
the Municipal Planning Commission is satisfied that the use is primary, suitable, serviceable
and will be developed as proposed; and
(d)
where already functioning, the application encompasses the developed site only.
11.13
The conversion of small parcels established for public or institutional purposes to other uses should
be limited to those developments which, in the opinion of the Municipal Planning Commission, are
considered appropriate and compatible with surrounding uses.
SECTION 12
LAND SUITABILITY AND SERVICING REQUIREMENTS - See Schedule 4.
SECTION 13
STANDARDS OF DEVELOPMENT - See Schedule 5.
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SCHEDULE 2 - SCR | 1
SINGLE LOT COUNTRY RESIDENTIAL - SCR
PURPOSE:
To accommodate one additional parcel for country residential use within a quarter section or an
80-acre parcel of land which has already met or exceeded the maximum of number of parcels.
SECTION 1
USES
1.1
Permitted Uses
Accessory building, structure or use
Additions to existing buildings
Agricultural building (e)
Agricultural operation (e)
Home occupation 1 (e)
Manufactured dwelling 1
Modular dwellings 1 and 2
Moved-in building
Moved-in dwelling
Ready-to-move dwelling
Shipping container (e)
Short-Term Rental 1
Sign, Category 1 (e)
Sign, Category 2
Single detached dwelling
Utilities (e)
1.2
Discretionary Uses - MPC
Animal care service, small
Child care facility
Home occupation 3
Intensive horticultural operation
Kennel, breeding
Renewable energy, individual
Riding stable/arena
Short-Term Rental 2
Discretionary Uses - DO
Home occupation 2
Manufactured dwelling 2
Second dwelling unit
Secondary suite
Sign, Category 3
(e) means "Exempt" and development will not require a development permit if it meets all the provisions of
this Bylaw and is in accordance with any applicable requirements in Schedule 3.
SECTION 2
PARCEL AND LOT SIZE
2.1
Vacant Parcels
(a)
existing parcels;
(b)
minimum of 0.4 ha (1 acre);
(c)
maximum of 1.2 ha (3 acres).
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Land Use Bylaw No. 2020-028
2.2
All Other Uses
Parcel and lot sizes for all other land uses shall be determined by the Municipal Planning
Commission after consideration of comments from relevant agencies and in accordance with, but
not limited to, the Municipal Government Act, a regional plan, the Subdivision and Development
Regulation, this Land Use Bylaw, the Municipal Development Plan and any other applicable
legislation or regulations.
SECTION 3
DENSITY
3.1
Only one redesignated parcel per unsubdivided quarter section or 80-acre parcel is allowed.
SECTION 4
SERVICING REQUIREMENTS
4.1
Every development shall be required to install a sewage disposal system and potable water system
to the satisfaction of the Development Authority and in accordance with any applicable County
Design Guidelines. The Development Authority may refuse a development if the parcel on which
it is proposed is not large enough to support a sewage disposal system to the standard required.
SECTION 5
SUBDIVISION
5.1
A subdivision which proposes to create a single parcel may be approved provided that:
(a)
the proposed parcel to be created is a minimum of 0.4 ha (1.0 acres) in size; and a maximum
of 1.2 ha (3.0 acres) in size;
(b)
the proposed lot contains, in the opinion of the Municipal Planning Commission, either an
existing dwelling or a buildable site;
(c)
the proposed lot can be serviced to the satisfaction of the Municipal Planning Commission in
accordance with County Design Guidelines;
(d)
the development on the proposed lot will not, in the opinion of the Municipal Planning
Commission, inhibit public access to or otherwise have a detrimental effect on agriculture or
the recreational use of a river valley, water body, environmentally sensitive area or special
scenic location;
(e)
the proposed lot and the residual parcel both have direct legal and physical access to a public
roadway to the satisfaction of the Municipal Planning Commission;
(f)
the access is satisfactory to Alberta Transportation where the access is onto or in close
proximity to a primary highway; and
(g)
the size and location of the proposed lot will not significantly affect any irrigation system in
the area.
5.2
The resubdivision of an existing single lot agricultural parcel is not allowed unless the entire parcel
is redesignated to "Grouped Country Residential" or another appropriate land use district.
SECTION 6
MINIMUM SETBACK FROM PROPERTY LINES
6.1
All structures and buildings shall be setback 7.6 m (25 ft) from all property lines not fronting on or
adjacent to a municipal roadway.
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SCHEDULE 2 - SCR | 3
SECTION 7
MINIMUM SETBACKS FROM IRRIGATION INFRASTRUCTURE
7.1
No part of a building or structure shall be located:
(a)
within 10.0 m (33 ft) of the centreline of a Bow River Irrigation District (BRID) irrigation
pipeline or 3.0 m (10 ft) of a registered right-of-way or easement for any irrigation pipeline
or irrigation canal, whichever is greater;
(b)
within 60.1 m (200 ft) from any BRID or Alberta Environment water reservoir measured from
the water's edge at full supply level (FSL) or 30.5 m (100 ft) from the registered reservoir
right-of-way, whichever is greater.
SECTION 8
MINIMUM SETBACKS FROM ROADS
8.1
No part of a building or structure shall be located within 38.1 m (125 ft) of the centre line of any
public roadway which is not designated as a provincial highway under the Highways Development
and Protection Regulation.
8.2
Any road designated as a provincial highway under the Highways Development and Protection
Regulation is subject to setbacks as required by Alberta Transportation and any applications for
development adjacent to a highway should be referred to Alberta Transportation for a Roadside
Development Permit.
8.3
No part of any dugout, regardless of size, shall be located within 76.2 m (250 ft) of the right-of-way
of a highway or public road.
8.4
Dugouts may be allowed closer to the centre line of a highway or public road if a barricade is
installed along 100 percent of the length of that part of the dugout fronting the highway or public
road and 25 percent of the length of the sides of the dugout.
SECTION 9
ACCESS
9.1
The municipality may, at the time of subdivision or development, require the developer to enter
into an agreement for the construction or upgrade of any approach(es) necessary to serve the
development area in accordance with County Design Guidelines.
9.2
To ensure proper emergency access, all developments shall have direct legal and physical access
to a public roadway in accordance with County Design Guidelines. If the development is within
300 m (984.3 ft.) of a provincial highway, direct legal and physical access to a public roadway shall
be to the satisfaction of Alberta Transportation.
9.3
The requirement for a service road or subdivision street to provide access may be imposed as a
condition of subdivision approval for any new development. Survey and construction costs shall
be the responsibility of the applicant.
SECTION 10
ACCESSORY BUILDINGS
10.1
An accessory building shall not be used as a dwelling unit.
10.2
An accessory building shall be setback a minimum 3.0 m (10 ft) from the principal dwelling and
from all other structures on the same lot.
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Land Use Bylaw No. 2020-028
10.3
Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not an
accessory building.
10.4
An accessory building shall only be constructed after the principal building has been constructed
or the principal use established; except where the accessory building is used for agricultural
purposes as outlined in Section 1.4(a) of Schedule 3.
SECTION 11
FENCES AND SHELTERBELTS
11.1
Agricultural fences constructed of rails, stakes, strung wire, or similar material with more than
85 percent of their surface area open for free passage of light and air may be located along the
property boundaries of any agricultural parcel and are not subject to the 38.1 m (125 ft) setback
from municipal roads or the required setbacks for the land use district.
11.2
Fences used as an enclosure, barrier, boundary, means of protection, privacy screening or
confinement constructed of any allowable material (wood, stone/brick, metal, or plastic) with less
than 85 percent of their surface area open for free passage of light must be located outside the
required setbacks for the land use district and shall not exceed 2.4m (8 ft.) in height.
13.3
In rural areas along municipal roads, the construction or erection of a fence, hedge or shelterbelt
shall comply with the following:
(a)
no fence, hedge, tree or shelterbelt shall be erected which would unduly restrict the
vision of approaching traffic; and
(b)
no fence, hedge, tree or shelterbelt under Section 11.2 shall be erected closer than 7.6 m
(25 ft) of the right-of-way of a municipal road. This provision shall not apply to existing
yardsites developed before the passing of this Bylaw.
SECTION 12
LAND SUITABILITY AND SERVICING REQUIREMENTS - See Schedule 4.
SECTION 13
STANDARDS OF DEVELOPMENT - See Schedule 5.
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SCHEDULE 2 - SH | 1
SMALL HOLDINGS - SH
PURPOSE:
To protect the agricultural land base of the municipality while allowing a flexible parcel size based
on the practicalities of agricultural production and the physical characteristics of the land.
SECTION 1
USES
1.1
Permitted Uses
Accessory building, structure or use
Additions to existing buildings
Agricultural building (e)
Agricultural operation (e)
Home occupation 1 (e)
Manufactured dwellings 1
Modular dwellings 1 and 2
Moved-in building
Moved-in dwelling
Ready-to-move dwelling
Shipping container (e)
Short-Term Rental 1
Sign, Category 1 (e)
Sign, Category 2 and 3
Single detached dwelling
Utilities (e)
1.2
Discretionary Uses - MPC
Animal care service, small
Child care facility
Home occupation 2
Intensive horticultural operation
Kennel, breeding
Renewable energy, individual
Riding stable/arena
Short-Term Rental 2
Discretionary Uses - DO
Home occupation 3
Manufactured dwelling 2
Second dwelling unit
Secondary suite
Sign, Category 3
(e) means "Exempt" and development will not require a development permit if it meets all the provisions of
this Bylaw and is in accordance with any applicable requirements in Schedule 3.
SECTION 2
PARCEL AND LOT SIZE
2.1
Single Lot Developed Farmstead
(a)
existing parcels;
(b)
minimum of 1.2 ha (3 acre);
(c)
maximum of 4.0 ha (10 acres).
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Land Use Bylaw No. 2020-028
2.2
Vacant Parcels
(a)
existing parcels;
(b)
minimum of 1.2 ha (3 acres);
(c)
maximum of 4.0 ha (10 acres).
2.3
All Other Uses
Parcel and lot sizes for all other land uses shall be determined by the Municipal Planning
Commission after consideration of comments from relevant agencies and in accordance with, but
not limited to, the Municipal Government Act, a regional plan, the Subdivision and Development
Regulation, this Land Use Bylaw, the Municipal Development Plan and any other applicable
legislation or regulations.
SECTION 3
DENSITY
3.1
Only one redesignated parcel per unsubdivided quarter section or 80 acre parcel is allowed.
3.2
The resubdivision of an existing small holdings parcel is not allowed unless the entire parcel is
redesignated to "Grouped Country Residential" or another appropriate land use district.
SECTION 4
SERVICING REQUIREMENTS
4.1
Every development shall be required to install a sewage disposal system and potable water system
to the satisfaction of the Development Authority and in accordance with any applicable County
Design Guidelines. The Development Authority may refuse a development if the parcel on which
it is proposed is not large enough to support a sewage disposal system to the standard required.
SECTION 5
SUBDIVISION
5.1
A subdivision that proposes to create a single lot country residential parcel containing a developed
residence or farmstead and additional cultivated or pasture land may be approved provided that:
(a)
the proposed parcel to be created is a minimum of 1.2 ha (3.0 acres) in size; and a maximum
of 4.0 ha (10.0 acres) in size;
(b)
the proposed lot contains an existing dwelling;
(c)
the proposed lot can be serviced to the satisfaction of the Municipal Planning Commission in
accordance with County Design Guidelines;
(d)
the development on the proposed lot will not, in the opinion of the Municipal Planning
Commission, inhibit public access to or otherwise have a detrimental effect on agriculture or
the recreational use of a river valley, water body, environmentally sensitive area or special
scenic location;
(e)
the proposed lot and the residual parcel both have direct legal and physical access to a public
roadway to the satisfaction of the Municipal Planning Commission;
(f)
the access is satisfactory to Alberta Transportation where the access is onto or in close
proximity to a primary highway;
(g)
the size and location of the proposed lot will not significantly affect any irrigation system in
the area; and
(h)
the residual parcel size after subdivision is to be flexible based on the proposal for
subdivision.
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SCHEDULE 2 - SH | 3
5.2
A subdivision that proposes to create a single, vacant parcel may be approved provided that:
(a)
the proposed parcel to be created is a minimum of 1.2 ha (3.0 acres) in size and a maximum
of 4.0 ha (10.0 acres) in size;
(b)
the proposed single residential lot contains, in the opinion of the Municipal Planning
Commission, a buildable site;
(c)
the proposed parcel can be serviced to the satisfaction of the Municipal Planning
Commission;
(d)
the development on the proposed single residential lot will not, in the opinion of the
Municipal Planning Commission, inhibit public access to or otherwise have a detrimental
effect on agriculture or the recreational use of a river valley, water body, environmentally
sensitive area or special scenic location;
(e)
the proposed lot and the residual parcel both have direct legal and physical access to a public
roadway to the satisfaction of the Municipal Planning Commission;
(f)
the access is satisfactory to Alberta Transportation where the access is onto or in close
proximity to a primary highway;
(g)
the size and location of the proposed lot will not significantly affect any irrigation system in
the area;
(h)
the residual parcel size after subdivision is to be flexible based on the proposal for
subdivision.
SECTION 6
MINIMUM SETBACK FROM PROPERTY LINES
6.1
All structures and buildings shall be setback 7.6 m (25 ft) from all property lines not fronting on or
adjacent to a municipal roadway.
SECTION 7
MINIMUM SETBACKS FROM IRRIGATION INFRASTRUCTURE
7.1
No part of a building or structure shall be located:
(a)
within 10.0 m (33 ft) of the centreline of a Bow River Irrigation District (BRID) irrigation
pipeline or 3.0 m (10 ft) of a registered right-of-way or easement for any irrigation pipeline
or irrigation canal, whichever is greater;
(b)
within 60.1 m (200 ft) from any BRID or Alberta Environment water reservoir measured from
the water's edge at full supply level (FSL) or 30.5 m (100 ft) from the registered reservoir
right-of-way, whichever is greater.
SECTION 8
MINIMUM SETBACKS FROM ROADS
8.1
No part of a building or structure shall be located within 38.1 m (125 ft) of the centre line of any
public roadway which is not designated as a provincial highway under the Highways Development
and Protection Regulation.
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Land Use Bylaw No. 2020-028
8.2
Any road designated as a provincial highway under the Highways Development and Protection
Regulation is subject to setbacks as required by Alberta Transportation and any applications for
development adjacent to a highway should be referred to Alberta Transportation for a Roadside
Development Permit.
8.3
No part of any dugout, regardless of size, shall be located within 76.2 m (250 ft) of the right-of-way
of a highway or public road.
8.4
Dugouts may be allowed closer to the centre line of a highway or public road if a barricade is
installed along 100 percent of the length of that part of the dugout fronting the highway or public
road and 25 percent of the length of the sides of the dugout.
SECTION 9
ACCESS
9.1
The municipality may, at the time of subdivision or development, require the developer to enter
into an agreement for the construction or upgrade of any approach(es) necessary to serve the
development area in accordance with County Design Guidelines.
9.2
To ensure proper emergency access, all developments shall have direct legal and physical access
to a public roadway in accordance with County Design Guidelines. If the development is within
300 m (984.3 ft.) of a provincial highway, direct legal and physical access to a public roadway shall
be to the satisfaction of Alberta Transportation.
9.3
The requirement for a service road or subdivision street to provide access may be imposed as a
condition of subdivision approval for any new development. Survey and construction costs shall
be the responsibility of the applicant.
SECTION 10
ACCESSORY BUILDINGS
10.1
An accessory building shall not be used as a dwelling unit.
10.2
An accessory building shall be setback a minimum 3.0 m (10 ft) from the principal dwelling and
from all other structures on the same lot.
10.3
Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not an
accessory building.
10.4
An accessory building shall only be constructed after the principal building has been constructed
or the principal use established; except where the accessory building is used for agricultural
purposes as outlined in Section 1.4(a) of Schedule 3.
SECTION 11
FENCES AND SHELTERBELTS
11.1
Agricultural fences constructed of rails, stakes, strung wire, or similar material with more than
85 percent of their surface area open for free passage of light and air may be located along the
property boundaries of any agricultural parcel and are not subject to the 38.1 m (125 ft) setback
from municipal roads or the required setbacks for the land use district.
Land Use Bylaw No. 2020-028
SCHEDULE 2 - SH | 5
11.2
Fences used as an enclosure, barrier, boundary, means of protection, privacy screening or
confinement constructed of any allowable material (wood, stone/brick, metal, or plastic) with less
than 85 percent of their surface area open for free passage of light must be located outside the
required setbacks for the land use district and shall not exceed 2.4m (8 ft.) in height.
11.3
In rural areas along municipal roads, the construction or erection of a fence, hedge or shelterbelt
shall comply with the following:
(a)
no fence, hedge, tree or shelterbelt shall be erected which would unduly restrict the
vision of approaching traffic; and
(b)
no fence, hedge, tree or shelterbelt under Section 11.2 shall be erected closer than 7.6 m
(25 ft) of the right-of-way of a municipal road. This provision shall not apply to existing
yardsites developed before the passing of this Bylaw.
SECTION 12
LAND SUITABILITY AND SERVICING REQUIREMENTS - See Schedule 4.
SECTION 13
STANDARDS OF DEVELOPMENT - See Schedule 5.
Land Use Bylaw No. 2020-028
SCHEDULE 2 - GCR | 1
GROUPED COUNTRY RESIDENTIAL - GCR
PURPOSE:
To provide for clustered large lot residential development on parcels that can support private water
and sewage systems in areas where there is a minimum of conflict with adjacent land uses pursuant
to the Municipal Development Plan.
SECTION 1
USES
1.1
Permitted Uses
Accessory building (less than 1,600 ft2)
Accessory structure or use
Additions to existing buildings
Home occupation 1
Manufactured dwelling 1
Modular dwelling 1
Ready-to-move dwelling
Sign, Category 1 (e)
Single detached dwelling
Utilities (e)
1.2
Discretionary Uses - MPC
Accessory building (greater than 1,600 ft2)
Child care facility
Intensive horticultural operation
Parks and playgrounds
Renewable energy, individual
Riding stable/arena
Second dwelling unit
Secondary suite
Shipping container
Short-Term Rental 2
Discretionary Uses - DO
Home occupation 2
Manufactured dwelling 2
Modular dwelling 2
Moved-in building
Moved-in dwelling
Short-Term Rental 1
(e) means "Exempt" and development will not require a development permit if it meets all the provisions of
this Bylaw and is in accordance with any applicable requirements in Schedule 3.
SECTION 2
PARCEL AND LOT SIZE
2.1
Vacant Parcels
(a)
existing parcels;
(b)
minimum of 0.4 ha (1 acre);
(c)
maximum of 1.2 ha (3 acres).
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Land Use Bylaw No. 2020-028
2.2
All Other Uses
Parcel and lot sizes for all other land uses shall be determined by the Municipal Planning
Commission after consideration of comments from relevant agencies and in accordance with, but
not limited to, the Municipal Government Act, a regional plan, the Subdivision and Development
Regulation, this Land Use Bylaw, the Municipal Development Plan and any other applicable
legislation or regulations.
SECTION 3
DENSITY
3.1
The creation of three or more new contiguous lots to a maximum of 10 contiguous lots may be
allowed on a quarter section of land.
3.2
The Municipal Planning Commission may increase or decrease the total number of parcels based
on location and/or the suitability of the land to be subdivided or developed, etc. in accordance
with an adopted area structure plan.
SECTION 4
SERVICING REQUIREMENTS
4.1
Every development shall be required to install a sewage disposal system and potable water system
to the satisfaction of the Development Authority and in accordance with any applicable County
Design Guidelines. The Development Authority may refuse a development if the parcel on which
it is proposed is not large enough to support a sewage disposal system to the standard required.
SECTION 5
MINIMUM FLOOR AREA REQUIREMENT
5.1
The minimum floor area of the principal dwelling shall not be less than 74.3 m2 (800 ft2), not
including multi-unit dwellings.
SECTION 6
MAXIMUM BUILDING HEIGHT
6.1
Principal Building: 10.5 m (34.4 ft)
6.2
Accessory Building(s): one at 6.7 m (22 ft) with all subsequent buildings at 4.6 m (15 ft)
SECTION 7
MAXIMUM LOT COVERAGE
7.1
Principal Building: 10%
7.2
Accessory Building(s): 5% (cumulative of all accessory buildings)
SECTION 8
MINIMUM SETBACK FROM PROPERTY LINES
8.1
All structures and buildings shall be setback 7.6 m (25 ft) or as established in an adopted area
structure plan or conceptual scheme from all property lines not fronting on or adjacent to a
municipal roadway.
SECTION 9
MINIMUM SETBACKS FROM ROADS
9.1
No part of a building or structure shall be located within 38.1 m (125 ft) of the centre line of any
public roadway which is not designated as a provincial highway under the Highways Development
and Protection Regulation.
Land Use Bylaw No. 2020-028
SCHEDULE 2 - GCR | 3
9.2
Any road designated as a provincial highway under the Highways Development and Protection
Regulation is subject to setbacks as required by Alberta Transportation and any applications for
development adjacent to a highway should be referred to Alberta Transportation for a Roadside
Development Permit.
9.3
No part of any dugout, regardless of size, shall be located within 76.2 m (250 ft) of the right-of-way
of a highway or public road.
9.4
Dugouts may be allowed closer to the centre line of a highway or public road if a barricade is
installed along 100 percent of the length of that part of the dugout fronting the highway or public
road and 25 percent of the length of the sides of the dugout.
SECTION 10
MINIMUM SETBACKS FROM IRRIGATION INFRASTRUCTURE
10.1
No part of a building or structure shall be located:
(a)
within 10.0 m (33 ft) of the centreline of a Bow River Irrigation District (BRID) irrigation
pipeline or 3.0 m (10 ft) of a registered right-of-way or easement for any irrigation pipeline
or irrigation canal, whichever is greater;
(b)
within 60.1 m (200 ft) from any BRID or Alberta Environment water reservoir measured from
the water's edge at full supply level (FSL) or 30.5 m (100 ft) from the registered reservoir
right-of-way, whichever is greater.
SECTION 11
ACCESS
11.1
The municipality may, at the time of subdivision or development, require the developer to enter
into an agreement for the construction or upgrade of any approach(es) necessary to serve the
development area in accordance with County Design Guidelines.
11.2
To ensure proper emergency access, all developments shall have direct legal and physical access
to a public roadway in accordance with County Design Guidelines. If the development is within
300 m (984.3 ft.) of a provincial highway, direct legal and physical access to a public roadway shall
be to the satisfaction of Alberta Transportation.
11.3
The requirement for a service road or subdivision street to provide access may be imposed as a
condition of subdivision approval for any new development. Survey and construction costs shall
be the responsibility of the applicant.
SECTION 12
ACCESSORY BUILDINGS
12.1
An accessory building shall not be used as a dwelling unit.
12.2
There shall be no more than three accessory buildings (not including attached garages and
accessory structures) on any parcel.
12.3
An accessory building shall be setback a minimum 3.0 m (10 ft) from the principal dwelling and
from all other structures on the same lot.
12.4
Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not an
accessory building.
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Land Use Bylaw No. 2020-028
12.5
An accessory building exceeding 148.6 m2 (1,600 ft²) may be approved where, in the opinion of the
Development Authority, the size, design, location, building style and materials of the building are
complementary to the principal building and compatible with adjacent developments. The
Development Authority may require high quality design measures and building materials in order
to mitigate the impact of a large accessory building.
12.6
An accessory building shall only be constructed after the principal building has been constructed
or the principal use established; except where the accessory building is used for agricultural
purposes as outlined in Section 1.4(a) of Schedule 3.
SECTION 13
FENCES AND SHELTERBELTS
13.1
Agricultural fences constructed of rails, stakes, strung wire, or similar material with more than
85 percent of their surface area open for free passage of light and air may be located along the
property boundaries of any agricultural parcel and are not subject to the 38.1 m (125 ft) setback
from municipal roads or the required setbacks for the land use district.
13.2
Fences used as an enclosure, barrier, boundary, means of protection, privacy screening or
confinement constructed of any allowable material (wood, stone/brick, metal, or plastic) with less
than 85 percent of their surface area open for free passage of light must be located outside the
required setbacks for the land use district and shall not exceed 2.4m (8 ft.) in height.
13.3
In rural areas along municipal roads, the construction or erection of a fence, hedge or shelterbelt
shall comply with the following:
(a)
no fence, hedge, tree or shelterbelt shall be erected which would unduly restrict the
vision of approaching traffic; and
(b)
no fence, hedge, tree or shelterbelt under Section 13.2 shall be erected closer than 7.6 m
(25 ft) of the right-of-way of a municipal road. This provision shall not apply to existing
yardsites developed before the passing of this Bylaw.
SECTION 14
LAND SUITABILITY AND SERVICING REQUIREMENTS - See Schedule 4.
SECTION 15
STANDARDS OF DEVELOPMENT - See Schedule 5.
Land Use Bylaw No. 2020-028
SCHEDULE 2 - GRR | 1
GROUPED RESERVOIR RESIDENTIAL - GRR
PURPOSE:
To provide for the urban-style subdivision and/or development, with the provision of communal
water and sewer systems, of residential and resort communities within Vulcan County.
SECTION 1
USES
1.1
Permitted Uses
Accessory building, structure or use
Additions to existing buildings
Home occupation 1
Manufactured dwelling 1
Modular dwelling 1
Ready-to-move dwelling
Show home
Sign, Category 1 (e)
Single detached dwelling
Utilities (e)
1.2
Discretionary Uses - MPC
Boat launch
Child care facility
Dwelling:
Duplex
Multi-unit dwelling
Senior citizen housing
Group home, limited
Manufactured dwelling park/community
Marina
Office
Parking areas and structures
Parks and playgrounds
Public building or use
Recreation facility
Recreational vehicle storage
Renewable energy, individual
Restaurant
Retail
Secondary suite
Short-Term Rental 2
Discretionary Uses - DO
Home occupation 2
Manufactured dwelling 2
Moved-in dwelling
Short-Term Rental 1
(e) means "Exempt" and development will not require a development permit if it meets all the provisions of
this Bylaw and is in accordance with any applicable requirements in Schedule 3.
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Land Use Bylaw No. 2020-028
SECTION 2
SPECIFIC USE PROVISIONS
2.1
The use provisions for Lots 41-84, Block 2; Lots 1-33, Block 3; and Lots 1-7, Block 4; all within
Plan 001 2103 in the Lake McGregor Resort community (including any subsequent legal
description), include, in addition to the list of uses in Section 1 of this district:
(a)
Permitted Uses
Park model recreational unit
Park model trailer
2.2
The use provisions for Lots 1-15, Plan 991 2215, in the Lake McGregor Landing community
(including any subsequent legal description), include, in addition to the list of uses in Section 1 of
this district:
(a)
Discretionary Uses - DO
Park model recreational unit
SECTION 3
SPECIAL REFERRAL
3.1
The Development Officer shall refer all Discretionary Use - MPC applications to the appropriate
overseeing community body for comment prior to presentation to the Municipal Planning
Commission.
SECTION 4
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft.
m
ft.
m2
ft2
Single detached dwellings and
manufactured dwellings
15.2
50
30.5
100
464.5
5,000
Two-unit dwellings
21.3
70
30.5
100
650.3
7,000
Row dwelling or townhouses
- interior unit
- end unit
4.9
7.6
16
25
30.5
30.5
100
100
148.6
232.2
1,600
2,500
Multi-unit dwelling
24.4
80
30.5
100
743.2
8,000
Park model recreation unit
9.1
30
20.1
66
180.9
1,980
Commercial uses
15.2
50
30.5
100
464.5
5,000
All other uses
As required by the Municipal Planning Commission
SECTION 5
MINIMUM FLOOR AREA REQUIREMENT
5.1
The minimum floor area of the principal dwelling shall not be less than 74.3 m2 (800 ft2), not
including multi-unit dwellings.
5.2
The minimum floor area required in 5.1 does not apply to park model trailers and park model
recreational units.
Land Use Bylaw No. 2020-028
SCHEDULE 2 - GRR | 3
SECTION 6
MINIMUM SETBACK FROM PROPERTY LINES
6.1
The minimum setback for any building or structure within this district (except where specific
community setbacks are established in sections below) shall be:
Use
Front Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
All uses
6.1
20
1.5
5
6.1
20
6.2
In the case of corner lots, a front yard of at least 6.1 m (20 ft) shall be provided on one frontage
and a secondary front yard of at least 3.0 m (10 ft) shall be provided for the other frontage.
SECTION 7
MINIMUM SETBACK FROM PROPERTY LINES IN LAKE MCGREGOR RESORT
7.1
The minimum setback for any building or structure located for Lots 1 to 69, Block 1, and Lots 1 to
40, Block 2, in Plan 001 2103, within Lake McGregor Resort (including any subsequent legal
description), shall be:
Use
Front Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
All uses
4.0
13
1.2
4
4.0
13
7.2
The minimum setback for any building or structure for Lots 41 to 84, Block 2; Lots 1 to 33, Block 3;
Lots 1 to 7, Block 4; and Lots 1 to 9, Block 5, in Plan 001 2103, within Lake McGregor Resort
(including any subsequent legal description), shall be:
Use
Front Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
All uses
4.0
13
1.2
4
4.0
13
SECTION 8
MINIMUM SETBACK FROM PROPERTY LINES IN LAKE MCGREGOR LANDING
8.1
The minimum setback for any building or structure within Lake McGregor Landing (Plan 991 2215)
shall be:
Use
Front Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
All uses
6.1
20
3.0
10
6.1
20
SECTION 9
ACCESS
9.1
The municipality may, at the time of subdivision or development, require the developer to enter
into an agreement for the construction or upgrade of any approach(es) necessary to serve the
development area in accordance with County Design Guidelines.
9.2
To ensure proper emergency access, all developments shall have direct legal and physical access
to a public roadway in accordance with County Design Guidelines. If the development is within
300 m (984.3 ft.) of a provincial highway, direct legal and physical access to a public roadway shall
be to the satisfaction of Alberta Transportation.
9.3
The requirement for a service road or subdivision street to provide access may be imposed as a
condition of subdivision approval for any new development. Survey and construction costs shall
be the responsibility of the applicant.
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Land Use Bylaw No. 2020-028
SECTION 10
MAXIMUM LOT COVERAGE
10.1
The maximum site coverage for all the permitted and discretionary uses listed above:
(a)
principal residential and accessory buildings - 50 percent;
(b)
all other uses - as required by the Development Authority;
(c)
there shall not be more than two accessory buildings located on an individual residential
parcel, or plot (in an unsubdivided manufactured dwelling park/community).
SECTION 11
MAXIMUM BUILDING HEIGHT
11.1
Principal building: 10.5 m (34.4 ft)
11.2
Accessory building(s): one at 6.7 m (22 ft) with all subsequent buildings at 4.6 m (15 ft)
SECTION 12
ACCESSORY BUILDINGS
12.1
An accessory building shall not be used as a dwelling unit.
12.2
An accessory building shall not be located in the front yard or on an easement.
12.3
An accessory building shall be setback a minimum 3.0 m (10 ft) from the principal dwelling and
from all other structures on the same lot.
12.4
Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not an
accessory building.
12.5
An accessory building shall only be constructed after the principal building has been constructed
or the principal use established; except where the accessory building is used for agricultural
purposes as outlined in Section 1.4(a) of Schedule 3.
SECTION 13
SERVICING REQUIREMENTS
13.1
Every development shall be required to connect to municipal/communal services where the
services are available.
13.2
For communities without municipal/communal servicing, every development shall be required to
install a sewage disposal system and potable water system to the satisfaction of the Development
Authority and in accordance with any applicable County Design Guidelines. The Development
Authority may refuse a development if the parcel on which it is proposed is not large enough to
support a sewage disposal system to the standard required.
SECTION 14
PARK MODELS RECREATIONAL UNITS
14.1
The Development Authority shall only issue a development permit for a park model recreational
unit if, in its opinion, the unit is to only be used for seasonal residential and/or recreational use.
14.2
The Development Authority may, as a condition of development permit, limit or prohibit the type
or extent of certain service connections that may be connected to a park model recreational unit
in order to ensure that the unit is only to be used for seasonal use.
Land Use Bylaw No. 2020-028
SCHEDULE 2 - GRR | 5
SECTION 15
REFUSE COLLECTION AND STORAGE
15.1
Refuse and garbage shall be kept in a suitable container or enclosure and shall be effectively
screened from public view.
SECTION 16
FENCES AND CORNER VISIBILITY
16.1
No fence, wall, hedge or any combination thereof, lying within 6.1 m (20 ft) of the right-of-way of
a public roadway (excluding lanes) shall extend more than 0.9 m (3 ft) above the ground (except
in the case of corner lots where one yard is considered as the side yard) unless permitted by the
Development Authority.
16.2
On a corner lot nothing shall be erected, placed, planted
or allowed to grow in such a manner as to materially
impede vision between a height of 0.9 and 3.0 m (3 and
10 ft) above the centre line grades of the intersecting
streets in the area bounded by the property lines of
such corner lots and a line joining points along the said
property lines 7.6 m (25 ft) from the point of
intersection (see Figure).
16.3
Fences enclosing rear and side yards shall not exceed
2.4 m (8 ft) in height.
SECTION 17
PROJECTION OVER YARDS
17.1
Except as provided in this section, no portion of the principal building shall project into the
minimum setbacks as required by the land use district regulations.
17.2
The portions of any attachments to a principal building which may project over or on a minimum
setback on a lot in a Grouped Reservoir Residential district are:
(a)
a cornice, a sill, a canopy, fireplace, eaves or chimney which project a distance not exceeding
on half of the minimum side setback required for the lot;
(b)
an open veranda, porch, balcony, fireplace, chimney or other similar projections as
determined by the Development Officer, which project not more than 1.5 m (5 ft) over or on
a minimum front or rear setback; or
(c)
open staircases with or without a landing if they do not project more than 2.4 m (8 ft) over
or into the rear yard setback and not exceeding one half of the minimum side yard setback
required for the lot.
SECTION 18
LANDSCAPING AND SCREENING
18.1
The front yard (except for sidewalks and driveways) shall be landscaped to the satisfaction of the
Development Officer. Landscaping may consist of any or all of the following:
(a)
trees, shrubs, lawn, flowers;
(b)
large feature rocks, field stone and other hard surface materials (Development Authority
approval is required if this type of landscaping exceeds 25 percent of the total landscaped
area);
(c)
berming, terracing;
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Land Use Bylaw No. 2020-028
(d)
innovative landscaping features;
(e)
landscape ornaments;
(f)
other features that may include, but not limited to, front walkways and steps.
18.2
In the case of corner lots, the minor street frontage shall also be landscaped to the satisfaction of
the Development Officer.
18.3
No non-residential development shall be allowed which may interfere with the amenities of
residential areas. The Development Authority may:
(a)
require the development to be screened to minimize conflict between residential and non-
residential land uses; or
(b)
may refuse the development if the potential conflict cannot be resolved.
SECTION 19
LAND SUITABILITY AND SERVICING REQUIREMENTS - See Schedule 4.
SECTION 20
STANDARDS OF DEVELOPMENT - See Schedule 5.
Land Use Bylaw No. 2020-028
SCHEDULE 2 - HR | 1
HAMLET RESIDENTIAL - HR
PURPOSE:
To provide for a high quality living environment for hamlet residents pursuant to the Municipal
Development Plan recognizing that hamlets act as an important service centre for the agricultural
community.
SECTION 1
USES
1.1
Permitted Uses
Accessory building, structure or use
Additions to existing buildings
Home occupation 1
Manufactured dwelling 1
Modular dwelling 1
Ready-to-move dwelling
Sign, Category 1 (e)
Single detached dwelling
Utilities (e)
1.2
Discretionary Uses - MPC
Child care facility
Duplex
Group home, limited
Group home, major
Manufactured dwelling park/community
Modular dwelling 2
Multi-unit dwelling
Parking areas and structures
Parks and playgrounds
Public building or use
Religious assembly
Secondary suite
Senior citizen housing
Short-Term Rental 2
Discretionary Uses - DO
Home occupation 2
Manufactured dwelling 2
Moved-in building
Moved-in dwelling
Renewable energy, individual
Short-Term Rental 1
(e) means "Exempt" and development will not require a development permit if it meets all the provisions of
this Bylaw and is in accordance with any applicable requirements in Schedule 3.
SECTION 2
SPECIAL REFERRAL
2.1
The Development Officer shall refer all discretionary use applications to the appropriate Hamlet
Advisory Committee and/or Condominium Association as well as any agent associated with
architectural controls, comment prior to presentation to the Development Authority.
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Land Use Bylaw No. 2020-028
SECTION 3
MINIMUM LOT SIZE - General
3.1
The minimum lot size for uses in this land use district shall be:
Use
Width
Length
Area
m
ft.
m
ft.
m2
ft2
Unserviced lots
30.5
100
61.0
200
1858.0
20,000
Water distribution system only
30.5
100
45.7
150
1395.5
15,000
Sewage distribution system only
30.5
100
30.5
100
929.0
10,000
3.2
The minimum area and dimension required for any unserviced or partially serviced lots may be
altered if supporting documentation is submitted and considered by the Municipal Planning
Commission in accordance with Alberta Health Services and Alberta Municipal Affairs regulations
or recommendations.
3.3
The minimum lot size for lots serviced with municipal water supply and sanitary sewer shall be:
Use
Width
Length
Area
m
ft.
m
ft.
m2
ft2
Single detached dwellings and
manufactured dwellings
15.2
50
30.5
100
464.5
5,000
Two unit dwellings
21.3
70
30.5
100
650.3
7,000
Row dwelling or townhouses
- interior unit
- end unit
4.9
7.6
16
25
30.5
30.5
100
100
148.6
232.2
1,600
2,500
Multi-unit dwelling
24.4
80
30.5
100
743.2
8,000
All other uses
As required by the Development Authority
SECTION 4
MINIMUM SETBACK FROM PROPERTY LINES
General
4.1
The minimum setbacks for the principal dwelling shall be:
Front Yard
Side Yard
Rear Yard
Use
m
ft.
m
ft.
m
ft.
All uses
6.1
20
1.5
5
6.1
20
4.2
In the case of corner lots, a front yard of at least 6.1 m (20 ft) shall be provided on one frontage
and a secondary front yard of at least 3.0 m (10 ft) shall be provided for the other frontage.
4.3
Accessory buildings shall not be less than 1.5 m (5 ft) from a side or rear lot line; overhanging eaves
shall not be less than 0.3 m (1 ft) from a side lot line.
SECTION 5
ACCESS
5.1
The municipality may, at the time of subdivision or development, require the developer to enter
into an agreement for the construction or upgrade of any approach(es) necessary to serve the
development area in accordance with County Design Guidelines.
Land Use Bylaw No. 2020-028
SCHEDULE 2 - HR | 3
5.2
To ensure proper emergency access, all developments shall have direct legal and physical access
to a public roadway in accordance with County Design Guidelines. If the development is within
300 m (984.3 ft.) of a provincial highway, direct legal and physical access to a public roadway shall
be to the satisfaction of Alberta Transportation.
5.3
The requirement for a service road or subdivision street to provide access may be imposed as a
condition of subdivision approval for any new development. Survey and construction costs shall
be the responsibility of the applicant.
SECTION 6
MAXIMUM LOT COVERAGE
6.1
The maximum site coverage for all the permitted and discretionary uses listed above:
(a)
principal building - 33 percent;
(b)
accessory buildings - 15 percent;
(c)
there shall not be more than two accessory buildings located on an individual residential
parcel, or plot (in an unsubdivided manufactured dwelling park/community).
SECTION 7
MAXIMUM BUILDING HEIGHT
7.1
Principal building: 10.5 m (34.4 ft)
7.2
Accessory building(s): one at 6.7 m (22 ft) with all subsequent buildings at 4.6 m (15 ft)
SECTION 8
MINIMUM FLOOR AREA REQUIREMENT
8.1
The minimum floor area of the principal dwelling shall not be less than 74.3 m2 (800 ft2), not
including multi-unit dwellings.
SECTION 9
ACCESSORY BUILDINGS AND STRUCTURES
9.1
An accessory building shall not be used as a dwelling unit.
9.2
An accessory building or structure shall be setback a minimum 3.0 m (10 ft) from the principal
dwelling and from all other structures on the same lot.
9.3
An accessory building or structure shall not be located in a front yard or on an easement.
9.4
Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not an
accessory building.
9.5
An accessory building shall only be constructed after the principal building has been constructed
or the principal use established; except where the accessory building is used for agricultural
purposes as outlined in Section 1.4(a) of Schedule 3.
SECTION 10
SERVICING REQUIREMENTS
10.1
Every development shall be required to connect to municipal/communal services where the
services are available.
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Land Use Bylaw No. 2020-028
10.2
For hamlets without municipal/communal servicing, every development shall be required to install
a sewage disposal system and potable water system to the satisfaction of the Development
Authority and in accordance with any applicable County Design Guidelines. The Development
Authority may refuse a development if the parcel on which it is proposed is not large enough to
support a sewage disposal system to the standard required.
SECTION 11
BUILDING SETBACKS
11.1
The Development Authority may waive the setback requirement in a well-established residential
area if, in its opinion, the setback blends in with the prevailing yard pattern.
11.2
The Development Authority may require varied front setbacks in new residential areas if, in its
opinion, the variation in setbacks will not detract from the development of that area.
11.3
The Development Authority may require increased setbacks other than those listed in Section 4,
if, in its opinion, such setbacks would be necessary.
11.4
The Development Authority may consider building setbacks to be measured from the building
envelope to the furthest property line on lots subject to corner cuts for either roadways or lanes.
SECTION 12
FENCES AND CORNER VISIBILITY
12.1
No fence, wall, hedge or any combination thereof, lying
within 6.1 m (20 ft) of the right-of-way of a public
roadway (excluding lanes) shall extend more than 0.9 m
(3 ft) above the ground (except in the case of corner lots
where one yard is considered as the side yard) unless
permitted by the Development Authority.
12.2
On a corner lot nothing shall be erected, placed,
planted or allowed to grow in such a manner as to
materially impede vision between a height of 0.9 and
3.0 m (3 and 10 ft) above the centre line grades of the
intersecting streets in the area bounded by the
property lines of such corner lots and a line joining
points along the said property lines 7.6 m (25 ft) from the point of intersection (see Figure).
12.3
Fences enclosing rear and side yards shall not exceed 2.4 m (8 ft) in height.
SECTION 13
PROJECTION OVER YARDS
13.1
Except as provided in this section, no portion of the principal building shall project into the
minimum setbacks as required by the land use district regulations.
13.2
The portions of any attachments to a principal building which may project over or on a minimum
setback on a lot in a hamlet residential district are:
(a)
a cornice, a sill, a canopy, fireplace, eaves or chimney which project a distance not exceeding
on half of the minimum side setback required for the lot; or
(b)
an open veranda, porch, balcony, fireplace, chimney or other similar projections as
determined by the Development Officer, which project not more than 1.5 m (5 ft) over or on
a minimum front or rear setback;
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SCHEDULE 2 - HR | 5
(c)
open staircases with or without a landing if they do not project more than 2.4 m (8 ft) over
or into the rear yard setback and not exceeding one half of the minimum side yard setback
required for the lot.
SECTION 14
LANDSCAPING AND SCREENING
14.1
The front yard (except for sidewalks and driveways) shall be landscaped to the satisfaction of the
Development Officer. Landscaping may consist of any or all of the following:
(a)
trees, shrubs, lawn, flowers;
(b)
large feature rocks, field stone and other hard surface materials (Development Authority
approval is required if this type of landscaping exceeds 25 percent of the total landscaped
area);
(c)
berming, terracing;
(d)
innovative landscaping features;
(e)
landscape ornaments;
(f)
other features that may include, but not limited to, front walkways and steps.
14.2
In the case of corner lots, the minor street frontage shall also be landscaped to the satisfaction of
the Development Officer.
14.3
No non-residential development in hamlets shall be allowed which may interfere with the amenity
of residential areas in the hamlet and the Development Authority may:
(a)
require it be screened to minimize conflict between residential and non-residential land uses;
or
(b)
may refuse it if the potential conflict cannot be resolved.
SECTION 15
RECREATIONAL VEHICLES
15.1
A Recreational Vehicle is not allowed to be used or stored on undeveloped residential parcels.
15.2
One Recreational Vehicle may be stored, in a rear or side yard, on a developed residential parcel
containing a habitable dwelling but is not to be used as a permanent dwelling unit. For the purpose
of this provision, permanent means exceeding, 72 hours, consecutively or cumulatively within a 7
day period.
SECTION 16
LAND SUITABILITY AND SERVICING REQUIREMENTS - See Schedule 4.
SECTION 17
STANDARDS OF DEVELOPMENT - See Schedule 5.
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SCHEDULE 2 - HC | 1
HAMLET COMMERCIAL - HC
PURPOSE:
To provide for a high quality of commercial and light industrial development pursuant to the
Municipal Development Plan recognition that hamlets act as an important service centre for the
surrounding rural community.
SECTION 1
USES
1.1
Permitted Uses
Accessory building, structure or use
Additions to existing buildings
Business support service
Community hall
Contractor, limited
Office
Sign, Category 1 (e)
Utilities (e)
1.2
Discretionary Uses - MPC
Agricultural processing
Agricultural repair shop
Animal care service, large
Animal care service, small
Auction market
Auto repair and paint shop
Auto sales and service
Bar/lounge
Bulk fertilizer storage and sales
Cannabis retail store
Car wash
Cardlock fuel dispensing facility
Child care facility
Commercial truck wash
Contractor, general
Crop spraying operation and facility
Drive-in restaurant
Equipment sales, rental and service
Farm supply and service
Farm/industrial machinery sales, rental and
service
Farmer's market
Feed mills/Grain terminals
Fleet and transportation services 1 and 2
Funeral home
Gas station
Government services
Discretionary Uses - DO
Sign, Category 2 and 3
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Land Use Bylaw No. 2020-028
Discretionary Uses - MPC (continued)
Hotel/Motel
Industrial, light
Intensive horticultural operation
Liquor store
Lumber yard/building supply store
Manufacturing and fabrication operation
Medical treatment services
Mini-storage facility
Mixed use development
Moved-in building
Museum
Oilfield contractor services
Oilfield/pipe equipment and storage
Outdoor storage
Parking areas and structures
Personal service business
Public building or use
Recreation facility
Recycling facility
Religious assembly
Renewable energy, individual
Restaurant
Retail
Security suite
Shipping container
Truck transportation dispatch/depot
Warehousing and storage, general
Welding shop
(e) means "Exempt" and development will not require a development permit if it meets all the provisions of
this Bylaw and is in accordance with any applicable requirements in Schedule 3.
SECTION 2
SPECIAL REFERRAL
2.1
The Development Officer shall refer all discretionary use applications to the appropriate Hamlet
Advisory Committee or Condominium Association for comment prior to presentation to the
Municipal Planning Commission.
SECTION 3
MINIMUM LOT SIZE
3.1
Use
Width
Length
Area
m
ft.
m
ft.
m2
ft2
Municipal sewer only
30.5
100
30.5
100
929.0
10,000
Municipal water only
30.5
100
45.7
150
1393.5
15,000
No municipal water or sewer
30.5
100
61.0
200
1858.0
20,000
Full municipal services
15.2
50
30.5
100
436.6
5,000
Land Use Bylaw No. 2020-028
SCHEDULE 2 - HC | 3
3.2
The minimum area and dimension required for any unserviced or partially serviced lots may be
altered by the Municipal Planning Commission in accordance with Alberta Health Services and
Alberta Municipal Affairs regulations or recommendations.
SECTION 4
MINIMUM SETBACK FROM PROPERTY LINES
4.1
The minimum setback for any building or structure shall be:
Front Yard
Side Yard
Rear Yard
Use
m
ft.
m
ft.
m
ft.
Principal uses
Accessory buildings
4.9
4.9
16
16
1.5
1.5
5
5
6.1
1.5
20
5
4.2
In the case of corner lots, a front yard of at least 6.1 m (20 ft) shall be provided on one frontage
and a secondary front yard of at least 3.0 m (10 ft) shall be provided for the other frontage.
SECTION 5
ACCESS
5.1
The municipality may, at the time of subdivision or development, require the developer to enter
into an agreement for the construction or upgrade of any approach(es) necessary to serve the
development area in accordance with County Design Guidelines.
5.2
To ensure proper emergency access, all developments shall have direct legal and physical access
to a public roadway in accordance with County Design Guidelines. If the development is within
300 m (984.3 ft.) of a provincial highway, direct legal and physical access to a public roadway shall
be to the satisfaction of Alberta Transportation.
5.3
The requirement for a service road or subdivision street to provide access may be imposed as a
condition of subdivision approval for any new development. Survey and construction costs shall
be the responsibility of the applicant.
SECTION 6
MAXIMUM LOT COVERAGE
6.1
At the discretion of the Development Authority.
SECTION 7
MAXIMUM BUILDING HEIGHT
7.1
Principal building: 10.5 m (34.4 ft)
7.2
Accessory building(s): 6.7 m (22 ft)
SECTION 8
ACCESSORY BUILDINGS
8.1
An accessory building shall not be used as a dwelling unit.
8.2
An accessory building shall be setback a minimum 3.0 m (10 ft) from the principal dwelling and
from all other structures on the same lot.
8.3
An accessory building shall not be located in a front yard or on an easement.
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Land Use Bylaw No. 2020-028
8.4
Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not an
accessory building.
8.5
An accessory building shall only be constructed after the principal building has been constructed
or the principal use established; except where the accessory building is used for agricultural
purposes as outlined in Section 1.4(a) of Schedule 3.
SECTION 9
SERVICING REQUIREMENTS
9.1
Every development shall be required to connect to municipal/communal services where the
services are available.
9.2
For hamlets without municipal/communal servicing, every development shall be required to install
a sewage disposal system and potable water system to the satisfaction of the Development
Authority and in accordance with any applicable County Design Guidelines. The Development
Authority may refuse a development if the parcel on which it is proposed is not large enough to
support a sewage disposal system to the standard required.
SECTION 10
FENCES AND CORNER VISIBILITY
10.1
No fence, wall, hedge or any combination thereof, lying
within 6.1 m (20 ft) of the right-of-way of a public
roadway (excluding lanes) shall extend more than 0.9
m (3 ft) above the ground (except in the case of corner
lots where one yard is considered as the side yard)
unless permitted by the Development Authority.
10.2
On a corner lot nothing shall be erected, placed,
planted or allowed to grow in such a manner as to
materially impede vision between a height of 0.9 and
3.0 m (3 and 10 ft) above the centre line grades of the
intersecting streets in the area bounded by the
property lines of such corner lots and a line joining points along the said property lines 7.6 m (25
ft) from the point of intersection (see Figure).
10.3
Fences enclosing rear and side yards shall not exceed 2.4 m (8 ft) in height.
SECTION 11
LANDSCAPING AND SCREENING
11.1
The front yard (except for sidewalks and driveways) shall be landscaped to the satisfaction of the
Development Officer. Landscaping may consist of any or all of the following:
(a)
trees, shrubs, lawn, flowers;
(b)
large feature rocks, field stone and other hard surface materials (Development Authority
approval is required if this type of landscaping exceeds 25 percent of the total landscaped
area);
(c)
berming, terracing;
(d)
innovative landscaping features;
(e)
landscape ornaments;
Land Use Bylaw No. 2020-028
SCHEDULE 2 - HC | 5
(f)
other features that may include, but not limited to, front walkways and steps.
11.2
In the case of corner lots, the minor street frontage shall also be landscaped to the satisfaction of
the Development Officer.
11.3
No non-residential development in hamlets shall be allowed which may interfere with the amenity
of adjacent residential areas in the hamlet and the Development Authority may require any use to
be screened to minimize conflict between residential and non-residential land uses; or may refuse
it if the potential conflict cannot be resolved.
SECTION 12
LAND SUITABILITY AND SERVICING REQUIREMENTS - See Schedule 4.
SECTION 13
STANDARDS OF DEVELOPMENT - See Schedule 5.
Land Use Bylaw No. 2020-028
SCHEDULE 2 - RC | 1
RURAL COMMERCIAL - RC
PURPOSE:
To provide for the location of commercial and light industrial uses in rural areas which will not
compromise the use of agricultural lands for agriculture.
SECTION 1
USES
1.1
Permitted Uses
Accessory building, structure or use
Additions to existing buildings
Contractor, limited
Office
Shipping container (e)
Sign, Category 1 (e)
Utilities (e)
Warehousing and storage, general
1.2
Discretionary Uses - MPC
Agricultural processing
Agricultural repair shop
Animal care service, large and small
Auction market
Auto repair and paint shop
Auto sales and service
Bar/lounge
Bulk fertilizer storage and sales
Bulk fuel storage and sales
Business support service
Cannabis production facility
Cannabis retail store
Car wash
Cardlock fuel dispensing facility
Commercial truck wash
Contractor, general
Crop spraying operation and facility
Drive-in restaurant
Entertainment establishment
Equipment sales, rental and service
Farm supply and service
Farm/industrial machinery sales, rental and
service
Farmer's market
Fleet and transportation services 1 & 2
Freight terminal
Funeral home
Gas station
Discretionary Uses - DO
Sign, Category 2 & 3
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Land Use Bylaw No. 2020-028
Discretionary Uses - MPC (continued)
Hangar
Industrial, light
Intensive horticultural operation
Kennel, breeding
Liquor store
Livestock truck and trailer wash facility
Lumber yard/building supply store
Manufactured dwelling sales and service
Manufacturing and fabrications operation
Medical treatment services
Mini-storage facility
Motocross/motor sports park
Moved-in building
Museum
Mushroom farm
Oilfield contractor service
Oilfield/pipe equipment and storage
Outdoor storage
Pre-fabricated building manufacturer
Recreation facility
Recreational vehicle storage
Recycling facility
Religious assembly
Renewable energy, commercial/industrial
Renewable energy, individual
Residential use in conjunction with an
approved commercial use
Restaurant
Retail
Sandblasting facility
Security suite
Shipping container
Shooting range
Sod farm
Truck stop
Truck transportation dispatch/depot
Warehousing and storage, industrial
Welding shop
Work camp, long term
Work camp, short term
Work/lay down camp
(e) means "Exempt" and development will not require a development permit if it meets all the provisions of
this Bylaw and is in accordance with any applicable requirements in Schedule 3.
Land Use Bylaw No. 2020-028
SCHEDULE 2 - RC | 3
SECTION 2
MINIMUM LOT SIZE
2.1
Use
Width
Length
Area
m
ft.
m
ft.
m2
ft2
All uses
61.0
200
45.7
150
2,787.1
30,000
SECTION 3
MINIMUM SETBACK FROM PROPERTY LINES
3.1
All structures and buildings shall be setback 7.6 m (25 ft) from all property lines not fronting on or
adjacent to a municipal roadway.
SECTION 4
MINIMUM SETBACKS FROM ROADS
4.1
No part of a building or structure shall be located within 38.1 m (125 ft) of the centre line of any
public roadway which is not designated as a provincial highway under the Highways Development
and Protection Regulation.
4.2
Any road designated as a provincial highway under the Highways Development and Protection
Regulation is subject to setbacks as required by Alberta Transportation and any applications for
development adjacent to a highway should be referred to Alberta Transportation for a Roadside
Development Permit.
4.3
No part of any dugout, regardless of size, shall be located within 76.2 m (250 ft) of the right-of-way
of a highway or public road.
4.4
Dugouts may be allowed closer to the centre line of a highway or public road if a barricade is
installed along 100 percent of the length of that part of the dugout fronting the highway or public
road and 25 percent of the length of the sides of the dugout.
SECTION 5
MINIMUM SETBACKS FROM IRRIGATION INFRASTRUCTURE
5.1
No part of a building or structure shall be located:
(a)
within 10.0 m (33 ft) of the centreline of a Bow River Irrigation District (BRID) irrigation
pipeline or 3.0 m (10 ft) of a registered right-of-way or easement for any irrigation pipeline
or irrigation canal, whichever is greater;
(b)
within 60.1 m (200 ft) from any BRID or Alberta Environment water reservoir measured from
the water's edge at full supply level (FSL) or 30.5 m (100 ft) from the registered reservoir
right-of-way, whichever is greater.
SECTION 6
ACCESSORY BUILDINGS
6.1
An accessory building shall not be used as a dwelling unit.
6.2
An accessory building shall be setback a minimum 3.0 m (10 ft) from the principal building and
from all other structures on the same lot.
6.3
An accessory building shall not be located in a front yard or on an easement.
6.4
Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not an
accessory building.
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Land Use Bylaw No. 2020-028
6.5
An accessory building shall only be constructed after the principal building has been constructed
or the principal use established; except where the accessory building is used for agricultural
purposes as outlined in Section 1.4(a) of Schedule 3.
SECTION 7
ACCESS
7.1
The municipality may, at the time of subdivision or development, require the developer to enter
into an agreement for the construction or upgrade of any approach(es) necessary to serve the
development area in accordance with County Design Guidelines.
7.2
To ensure proper emergency access, all developments shall have direct legal and physical access
to a public roadway in accordance with County Design Guidelines. If the development is within
300 m (984.3 ft.) of a provincial highway, direct legal and physical access to a public roadway shall
be to the satisfaction of Alberta Transportation.
7.3
The requirement for a service road or subdivision street to provide access may be imposed as a
condition of subdivision approval for any new development. Survey and construction costs shall
be the responsibility of the applicant.
SECTION 8
SITE COVERAGE
8.1
The maximum site coverage for all the permitted and discretionary uses listed above:
(a)
principal and accessory buildings - 50 percent.
SECTION 9
MAXIMUM BUILDING HEIGHT
9.1
Principal building: 10.5 m (34.4 ft)
9.2
Accessory Building(s): 6.7 m (22 ft)
SECTION 10
LOADING AREA REQUIREMENTS
10.1
For commercial, industrial and other uses, there shall be a minimum of one off-street loading area,
or more as required by the Development Authority.
10.2
Each loading area shall be designed in such a manner that it will not interfere with convenient and
safe pedestrian movement, traffic flow or parking.
SECTION 11
LANDSCAPING, SCREENING AND LOCATION OF STORAGE
11.1
The outdoor display of goods, materials or equipment solely for advertisement purposes may be
allowed, at the discretion of the Development Authority. The following shall apply to the outdoor
storage of goods:
(a)
shall not be stored in a front yard;
(b)
refuse or garbage shall be kept in a suitably-sized container or enclosure, effectively screened
and refuse and refuse containers shall be located in a rear yard.
Land Use Bylaw No. 2020-028
SCHEDULE 2 - RC | 5
SECTION 12
SERVICING REQUIREMENTS
12.1
Every development shall be required to install a sewage disposal system and potable water system
to the satisfaction of the Development Authority and in accordance with any applicable County
Design Guidelines. The Development Authority may refuse a development if the parcel on which
it is proposed is not large enough to support a sewage disposal system to the standard required.
SECTION 13
FENCES
13.1
No fence, wall, hedge or any combination thereof, lying within 7.6 m (25 ft) of the right-of-way of
a public roadway (excluding lanes) shall extend more than 0.9 m (3 ft) above the ground (except
in the case of corner lots where one yard is considered as the side yard) unless permitted by the
Development Authority (see Figure below).
13.2
Fences enclosing rear and side yards shall not exceed 2.4 m (8 ft) in height.
SECTION 14
COMMERCIAL / BUSINESS DEVELOPMENT STANDARDS
14.1
No use shall be approved which may generate traffic problems within the district.
14.2
On parcels located adjacent to provincial highways, any storage of goods, products, raw materials,
etc. shall be effectively screened from view by buildings, solid fences, landscaped features, or
combinations thereof and be maintained in good repair.
14.3
Where any parcel or part of a parcel has frontage on a controlled provincial highway, special
standards for setbacks, access, and service roadways may be required by the Development
Authority in accordance with the recommendations and requirements of Alberta Transportation
and the Highways Development and Protection Regulation.
14.4
Wrecked or damaged motor vehicles which might be located or stockpiled on the property must
be screened from all adjacent parcels and roadways in the vicinity.
SECTION 15
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS FOR DWELLING UNITS
15.1
Dwelling units or sleeping units may be approved as an accessory or secondary use to a permitted
or discretionary use provided that:
(a)
the dwelling or sleeping units are wholly contained within the principal commercial building;
6 | SCHEDULE 2 - RC
Land Use Bylaw No. 2020-028
(b)
the dwelling or sleeping units, unless otherwise required by the Development Authority, are
wholly contained in the second or upper storey or rear of the building; and
(c)
the main floor commercial frontage is utilized for commercial use.
SECTION 16
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS FOR SECURITY SUITES
16.1
Dwelling units or sleeping units may be approved as a security suite to a permitted or discretionary
use provided that:
(a)
the dwelling or sleeping units are wholly contained within the principal commercial building
and are located in the second or upper storey or rear of the building and the main floor
commercial frontage is utilized for commercial use; or
(b)
the dwelling or sleeping units are contained in a separate structure no greater than 74.3 m2
(800 ft2).
SECTION 17
SERVICES, TRANSPORTATION AND UTILITY FACILITIES
17.1
No application to locate or expand a land use shall be approved unless, in the opinion of the
Development Authority, the proposed use will not have a detrimental effect on any:
(a)
transportation or communication system, including primary highways, secondary highways,
railway, airport site or communication facility; or
(b)
regionally significant services or utilities facilities, including irrigation works, pipelines and
power transmission lines.
SECTION 18
LAND SUITABILITY AND SERVICING REQUIREMENTS - See Schedule 4.
SECTION 19
STANDARDS OF DEVELOPMENT - See Schedule 5.
Land Use Bylaw No. 2020-028
SCHEDULE 2 - VIP | 1
VULCAN INDUSTRIAL PARK - VIP
PURPOSE:
To facilitate industrial and business/industrial type uses supported by urban services that are
compatible with the nearby urban environment in the Town of Vulcan, supportive of the local and
regional economies and consistent with the Vulcan County Industrial Park Area Structure Plan and
the mutually adopted Intermunicipal Development Plan.
SECTION 1
USES
1.1
Permitted Uses
Accessory building, structure or use
Additions to existing buildings
Agricultural operation
Contractor, limited
Industrial, light
Shipping container (e)
Sign, Category 1 (e)
Soft shelled building (e)
Utilities (e)
1.2
Discretionary Uses - MPC
Abattoir
Agricultural processing
Agricultural repair shop
Animal care service, large
Auction market
Auto repair and paint shop
Bulk fertilizer storage and sales
Bulk fuel storage and sales
Business support service
Cannabis production facility
Cardlock fuel dispensing facility
Commercial truck wash
Compost facility type 1
Contractor, general
Crop spraying operation and facility
Equipment sales, rental and service
Farm/industrial machinery sales, rental and
service
Feed mills/Grain terminals
Fleet and transportation services 1 and 2
Freight terminal
Industrial, heavy
Livestock truck and trailer wash
Lumber yard/building supply store
Manufactured dwelling sales and service
Manufacturing and fabrication operation
Mini-storage facility
Mixed use development
Discretionary Uses - DO
Sign, Category 2 and 3
2 | SCHEDULE 2 - VIP
Land Use Bylaw No. 2020-028
Discretionary Uses - MPC (continued)
Moved-in building
Office
Oilfield contractor services
Oilfield/pipe equipment and storage
Outdoor storage
Pre-fabricated building manufacturer
Recycling facility
Renewable energy, individual
Residential use in conjunction with an approved
industrial use
Sandblasting facility
Security suite
Seed cleaning plant
Truck transportation dispatch/depot
Warehousing and storage, general
Warehousing and storage, industrial
Welding shop
Work camp, long term
Work camp, short term
Work/lay down camp
(e) means "Exempt" and development will not require a development permit if it meets all the provisions of
this Bylaw and is in accordance with any applicable requirements in Schedule 3.
SECTION 2
MINIMUM LOT SIZE
2.1
Use
Width
Length
Area
m
ft.
m
ft.
m2
ft2
All uses
30.5
100
61.0
200
4,046.9
20,000
SECTION 3
MINIMUM SETBACK FROM PROPERTY LINES
3.1
The minimum yard setback for any building or structure shall be:
Use
Front Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
Principal buildings
Accessory buildings and structure
9.1
n/a
30
n/a
3.0
3.0
10
10
7.6
3.0
25
10
3.2
In the case of corner lots, a front yard setback of at least 9.1 m (30 ft.) shall be provided on one
frontage and a secondary front yard setback of at least 3.8 m (12.5 ft.) shall be provided on the
other frontage. Accessory buildings located to the rear of the principal building shall be setback at
least 3.0 m (10 ft.) from a secondary front yard line.
SECTION 4
SITE COVERAGE
4.1
The maximum site coverage for all the permitted and discretionary uses listed above:
(a)
principal and accessory buildings - 60 percent.
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SCHEDULE 2 - VIP | 3
SECTION 5
ACCESS
5.1
Vehicular entrances and exits shall be designed in a manner that provides a safe and clearly defined
circulation pattern.
5.2
Loading bays shall be located in such a manner as to not impede the efficient flow of traffic and to
minimize impacts on adjacent land uses with the district.
SECTION 6
LOADING AREA REQUIREMENTS
6.1
There shall be a minimum of one off-street loading area, or more as required by the Development
Officer.
6.2
Each loading area shall be designed in such a manner that it will not interfere with convenient and
safe pedestrian movement, traffic flow or parking.
SECTION 7
DESIGN AND APPEARANCE OF BUILDINGS
7.1
Buildings shall be of a high calibre of design and shall utilize high quality building materials that are
integrated into a comprehensive site design.
7.2
The main entry of the building must face the main access road and be prominently visible upon
entering the site. The main entry is not permitted to be visually blocked by the storage or display
of sale products.
7.3
All on-site lighting, including those in on-site parking lots, must be down lighting. The use of fixtures
projecting light upwards is not permitted.
SECTION 8
ACCESSORY BUILDINGS
8.1
An accessory building shall not be used as a dwelling unit.
8.2
An accessory building shall be setback a minimum 3.0 m (10 ft) from the principal building and
from all other structures on the same lot.
8.3
An accessory building shall not be located in a front yard or on an easement.
8.4
Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not an
accessory building.
8.5
An accessory building shall only be constructed after the principal building has been constructed
or the principal use established; except where the accessory building is used for agricultural
purposes as outlined in Section 1.4(a) of Schedule 3.
SECTION 9
LANDSCAPING
9.1
A professionally prepared landscaping plan shall be required to be submitted with all new
development permit applications for principal uses.
9.2
Landscaping shall be provided on all street frontages and shall be of a quality and extent necessary
to support quality development.
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Land Use Bylaw No. 2020-028
9.3
Trees are required as part of a landscaping plan and shall be provided at the minimum ratio of one
(1) tree per 65 m² (700 ft. ²) of landscaped area provided, with not less than one (1) tree per lot.
9.4
All required landscaping shall be maintained in perpetuity and kept in an attractive and tidy
manner.
9.5
The parking, storage or display of goods, materials, equipment or vehicles is not allowed on a
required landscaping area.
SECTION 10
OUTDOOR STORAGE & DISPLAY AREAS
10.1
The outdoor storage of goods, materials or equipment is allowable at the discretion of the
Development Authority provided that storage shall be kept in a neat and orderly manner and/or
suitably enclosed by a fence or wall or screened with landscaping and the following shall apply:
(a)
shall not be stored in a front yard or secondary front yard area;
(b)
refuse or garbage shall be kept in a suitably-sized container or enclosure, effectively screened
and refuse and refuse containers shall be located in a rear yard;
(c)
the storage of wrecked or damaged motor vehicles, machinery, building materials, waste
materials and other items on a parcel shall not be allowed unless approved by the
Development Authority, kept in a neat and orderly manner and/or effectively screened from
all adjacent parcels and roadways in the vicinity.
10.2
The outdoor display of goods, materials or equipment solely for advertisement purposes may be
allowed at the discretion of the Development Authority.
SECTION 11
INDUSTRIAL USE DEVELOPMENT STANDARDS
11.1
No use shall be approved which may generate traffic problems within the district.
11.2
Industrial land uses that generate a noise, odour, risk of toxic emissions, fire or explosion hazard,
or unsightly appearance that is, in the view of the Development Authority, incompatible with land
uses in the Town of Vulcan or elsewhere in proximity to the subject site, shall not be allowed.
SECTION 12
USE RESTRICTIONS & DEVELOPMENT REQUIREMENTS FOR SUPPLEMENTARY RESIDENTIAL UNITS
12.1
Dwelling units or sleeping units may be approved as a supplementary use to a permitted or
discretionary use provided that:
(a)
the dwelling or sleeping units are wholly contained within the principal industrial building
and are located in the second or upper storey or rear of the building and the main floor
frontage is utilized for the principal use; or
(b)
the dwelling or sleeping units are contained in a separate structure no greater than 55.7 m2
(600 ft2).
SECTION 13
USE RESTRICTIONS & DEVELOPMENT STANDARDS FOR ABATTOIRS
13.1
An Abattoir shall only be approved where the use is of a size and intensity compatible with adjacent
land uses and where it has been demonstrated that nuisance generated from the use has been
mitigated to the extent that the use is compatible with adjacent land uses.
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SCHEDULE 2 - VIP | 5
13.2
The Development Authority may establish a size threshold on the number of animals being stored
and/or processed, along with any other conditions to ensure suitability of the use.
SECTION 14
SIGNAGE
14.1
In addition to the signage requirements in Schedule 5, all signage shall be of a high design standard
in accordance with the following considerations:
(a) architectural integration of the sign design and style into the broader site concept for the
principal building;
(b)
provision of professional design and construction for the sign; and
(c)
utilization of high quality construction materials that facilitate longevity.
14.2
Not more than two Category 2 signs per parcel are allowed.
SECTION 15
FENCES
15.1
No fence, wall, hedge or any combination thereof, lying within 9.1 m (30 ft) of the right-of-way of
a public roadway (excluding lanes) shall extend more than 0.9 m (3 ft) above the ground (except
in the case of corner lots where one yard is considered as the side yard) unless permitted by the
Development Authority (see Figure below). A fence that exceeds 0.9 m (3 ft.) in a front yard may
be approved by the Development Officer.
15.2
Fences enclosing rear and side yards shall not exceed 2.4 m (8 ft) in height.
15.3
All fencing shall be of high quality, permanent materials designed for the purposes of fencing.
15.4
The use of barbed wire below a height of 1.8 m (6 ft.) is not permitted. A maximum of 0.6 m (2 ft.)
of barbed wire above the 2.4 m (8 ft.) fence height may be permitted at the discretion of the
Development Officer. The use of razor wire is not permitted.
SECTION 16
LAND SUITABILITY AND SERVICING REQUIREMENTS - See Schedule 4.
SECTION 17
STANDARDS OF DEVELOPMENT - See Schedule 5.
Land Use Bylaw No. 2020-028
SCHEDULE 2 - RI | 1
RURAL INDUSTRIAL - RI
PURPOSE:
To allow industrial uses to be located in rural areas provided they do not pose a threat to the
environment or create a potential nuisance for residents.
SECTION 1
USES
1.1
Permitted Uses
Accessory building, structure or use
Additions to existing buildings
Contractor, limited
Industrial, light
Office
Shipping container (e)
Sign, Category 1 (e)
Soft shelled building (e)
Utilities (e)
Warehousing and storage, general
1.2
Discretionary Uses - MPC
Abattoir
Agricultural processing
Agricultural repair shop
Airport
Airstrip
Anhydrous ammonia storage/facility
Animal care service, large
Auction market
Auto recycling and salvage yard
Auto repair and paint shop
Auto sales and service
Bulk fertilizer storage and sales
Bulk fuel storage and sales
Business support service
Cannabis production facility
Cardlock fuel dispensing facility
Commercial truck wash
Compost facility type 1 and type 2
Contractor, general
Crop spraying operation and facility
Data Processing Operation
Farm/industrial machinery sales, rental and
service
Feed mills/Grain terminals
Fleet and transportation services 1 and 2
Freight terminal
Hangar
Industrial, heavy
Discretionary Uses - DO
Sign, Category 2 and 3
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Land Use Bylaw No. 2020-028
Discretionary Uses - MPC (continued)
Livestock truck and trailer wash
Lumber yard/building supply store
Manufactured dwelling sales and service
Manufacturing and fabrication operation
Mini-storage facility
Moved-in building
Natural resource extraction and processing
Oilfield contractor services
Oilfield/pipe equipment and storage
Outdoor storage
Pre-fabricated building manufacturer
Recycling facility
Renewable energy, commercial/industrial
Renewable energy, individual
Residential use in conjunction with an approved
industrial use
Retail
Sandblasting facility
Seed cleaning plant
Security suite
Truck transportation dispatch/depot
Warehousing and storage, industrial
Waste management site
Welding shop
Work camp, long term
Work camp, short term
Work/lay down camp
(e) means "Exempt" and development will not require a development permit if it meets all the provisions of
this Bylaw and is in accordance with any applicable requirements in Schedule 3.
SECTION 2
MINIMUM LOT SIZE
2.1
Use
Width
Length
Area
m
ft.
m
ft.
m2
ft2
All uses
61.0
200
66.4
218
4,046.9
43,560
SECTION 3
MINIMUM SETBACK FROM PROPERTY LINES
3.1
All structures and buildings shall be setback 7.6 m (25 ft) from all property lines not fronting on or
adjacent to a municipal roadway.
SECTION 4
MINIMUM SETBACKS FROM ROADS
4.1
No part of a building or structure shall be located within 38.1 m (125 ft) of the centre line of any
public roadway which is not designated as a provincial highway under the Highways Development
and Protection Regulation.
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SCHEDULE 2 - RI | 3
4.2
Any road designated as a provincial highway under the Highways Development and Protection
Regulation is subject to setbacks as required by Alberta Transportation and any applications for
development adjacent to a highway should be referred to Alberta Transportation for a Roadside
Development Permit.
4.3
No part of any dugout, regardless of size, shall be located within 76.2 m (250 ft) of the right-of-way
of a highway or public road.
4.4
Dugouts may be allowed closer to the centre line of a highway or public road if a barricade is
installed along 100 percent of the length of that part of the dugout fronting the highway or public
road and 25 percent of the length of the sides of the dugout.
SECTION 5
MINIMUM SETBACKS FROM IRRIGATION INFRASTRUCTURE
5.1
No part of a building or structure shall be located:
(a)
within 10.0 m (33 ft) of the centreline of a Bow River Irrigation District (BRID) irrigation
pipeline or 3.0 m (10 ft) of a registered right-of-way or easement for any irrigation pipeline
or irrigation canal, whichever is greater;
(b)
within 60.1 m (200 ft) from any BRID or Alberta Environment water reservoir measured from
the water's edge at full supply level (FSL) or 30.5 m (100 ft) from the registered reservoir
right-of-way, whichever is greater.
SECTION 6
ACCESSORY BUILDINGS
6.1
An accessory building shall not be used as a dwelling unit.
6.2
An accessory building shall be setback a minimum 3.0 m (10 ft) from the principal building and
from all other structures on the same lot.
6.3
An accessory building shall not be located in a front yard or on an easement.
6.4
Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not an
accessory building.
6.5
An accessory building shall only be constructed after the principal building has been constructed
or the principal use established; except where the accessory building is used for agricultural
purposes as outlined in Section 1.4(a) of Schedule 3.
SECTION 7
ACCESS
7.1
The municipality may, at the time of subdivision or development, require the developer to enter
into an agreement for the construction or upgrade of any approach(es) necessary to serve the
development area in accordance with County Design Guidelines.
7.2
To ensure proper emergency access, all developments shall have direct legal and physical access
to a public roadway in accordance with County Design Guidelines. If the development is within
300 m (984.3 ft.) of a provincial highway, direct legal and physical access to a public roadway shall
be to the satisfaction of Alberta Transportation.
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Land Use Bylaw No. 2020-028
7.3
The requirement for a service road or subdivision street to provide access may be imposed as a
condition of subdivision approval for any new development. Survey and construction costs shall
be the responsibility of the applicant.
SECTION 8
SITE COVERAGE
8.1
The maximum site coverage for all the permitted and discretionary uses listed above:
(a)
principal and accessory buildings - 50 percent.
SECTION 9
LOADING AREA REQUIREMENTS
9.1
For all industrial uses, there shall be a minimum of one off-street loading area, or more as required
by the Development Officer.
9.2
Each loading area shall be designed in such a manner that it will not interfere with convenient and
safe pedestrian movement, traffic flow or parking.
SECTION 10
LANDSCAPING, SCREENING AND LOCATION OF STORAGE
10.1
The outdoor display of goods, materials or equipment solely for advertisement purposes may be
allowed, at the discretion of the Development Authority, and the following shall apply:
(a)
shall not be stored in a front yard;
(b)
refuse or garbage shall be kept in a suitably-sized container or enclosure, effectively screened
and refuse and refuse containers shall be located in a rear yard.
SECTION 11
FENCES
11.1
No fence, wall, hedge or any combination thereof, lying within 7.6 m (25 ft) of the right-of-way of
a public roadway (excluding lanes) shall extend more than 0.9 m (3 ft) above the ground (except
in the case of corner lots where one yard is considered as the side yard) unless permitted by the
Development Authority (see Figure below).
11.2
Fences enclosing rear and side yards shall not exceed 2.4 m (8 ft) in height.
SECTION 12
INDUSTRIAL USE DEVELOPMENT STANDARDS
12.1
No use shall be approved which may generate traffic problems within the district.
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SCHEDULE 2 - RI | 5
12.2
On parcels located adjacent to provincial highways, any storage of goods, products, raw materials,
etc. shall be effectively screened from view by buildings, solid fences, landscape features, or
combinations thereof and be maintained in good repair.
12.3
Where any parcel or part of a parcel has frontage on a controlled provincial highway, special
standards for setbacks, access, and service roadways may be required by the Development
Authority in accordance with the recommendations and requirements of Alberta Transportation
and the Highways Development and Protection Regulation.
12.4
Wrecked or damaged motor vehicles which might be located or stockpiled on the property must
be screened from all adjacent parcels and roadways in the vicinity.
12.5
Where it appears that additional side yard setbacks may be necessary, the Development Authority
may impose such a requirement as a condition of a development permit.
SECTION 13
INDUSTRIAL SITING STANDARDS
13.1
A proposed grouped industrial development or an isolated industrial development considered by
the Development Authority to be potentially hazardous, unsightly or offensive should not be
approved within 1.6 km (1 mile) of:
(a)
an incorporated urban municipality;
(b)
a hamlet;
(c)
a provincial, regional, municipal park or recreation area;
(d)
an environmentally significant area;
(e)
an existing or approved rural residence.
13.2
The above restrictions also apply:
(a)
within 152.4 m (500 ft) of either side of a provincial highway or a designated scenic, tourist
or recreational access road as established in a Vulcan County bylaw;
(b)
within such distance of other roads as established by any Vulcan County bylaw;
(c)
adjacent to a water body.
13.3
Applications for development expansion or for separate parcels in an area designated for industrial
may be approved or recommended for approval provided that:
(a)
the area of any proposed parcel is a minimum of 0.4 ha (1 acre);
(b)
the proposed development or parcel will be serviced to the satisfaction of the Development
Authority;
(c)
the proposed use or operation will be developed in such a manner that no run-off water can
directly enter any water body, groundwater, irrigation system or public roadway ditch;
(d)
there will be adequate provision for water treatment, temporary waste storage facilities and
arrangements for waste disposal in accordance with standards set by the appropriate
provincial departments and other approving authorities.
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Land Use Bylaw No. 2020-028
SECTION 14
SERVICES, TRANSPORTATION AND UTILITY FACILITIES
14.1
No application to locate or expand a land use shall be approved unless, in the opinion of the
Development Authority, the proposed use will not have a detrimental effect on any:
(a)
transportation or communication system, including primary highways, secondary highways,
railway, airport site or communication facility; or
(b)
regionally significant services or utilities facilities, including irrigation works, pipelines and
power transmission lines.
14.2
Any application for development located in the vicinity of a sour gas pipeline shall be circulated to
the Alberta Energy Regulator (AER) for comments.
SECTION 15
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS FOR SECURITY SUITES
15.1
Dwelling units or sleeping units may be approved as a security suite to a permitted or discretionary
use provided that:
(a)
the dwelling or sleeping units are wholly contained within the principal commercial industrial
building and are located in the second or upper storey or rear of the building and the main
floor frontage is utilized for the principal use; or
(b)
the dwelling or sleeping units are contained in a separate structure no greater than 74.3 m2
(800 ft2).
SECTION 16
LAND SUITABILITY AND SERVICING REQUIREMENTS - See Schedule 4.
SECTION 17
STANDARDS OF DEVELOPMENT - See Schedule 5.
Land Use Bylaw No. 2020-028
SCHEDULE 2 - RR | 1
RURAL RECREATIONAL - RR
PURPOSE:
To provide for the development of both public and private/commercial recreational uses at
selective locations within the County. This district may be used to conserve, enhance and expand
the County's recreational resources, without compromising agricultural activities or the
municipality's environmentally significant features and areas.
SECTION 1
USES
1.1
Permitted Uses
Accessory building, structure or use
Additions to existing buildings
Sign, Category 1 (e)
Soft shelled building (e)
Utilities (e)
1.2
Discretionary Uses - MPC
Boat launch
Campground
Driving range
Entertainment establishment
Exhibition centre
Golf course
Manufactured dwelling park/community
Marina
Mixed use development
Motocross/motor sports park
Parking areas and structures
Parks and playgrounds
Public building or use
Public day use area
Recreation facility
Recreational vehicle park
Recreational vehicle storage
Renewable energy, individual
Restaurant
Retail
Riding stable/arena
Rodeo grounds
Security suite
Shipping container
Shooting range
Discretionary Uses - DO
Moved-in building
Moved-in dwelling
Park model recreational unit
Sign, Category 2 and 3
(e) means "Exempt" and development will not require a development permit if it meets all the provisions of
this Bylaw and is in accordance with any applicable requirements in Schedule 3.
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Land Use Bylaw No. 2020-028
SECTION 2
MINIMUM LOT SIZE
2.1
Existing parcels or as required by the Municipal Planning Commission.
SECTION 3
MINIMUM SETBACK FROM PROPERTY LINES
3.1
All structures and buildings shall be setback 7.6 m (25 ft) from all property lines not fronting on or
adjacent to a municipal roadway.
SECTION 4
MINIMUM SETBACKS FROM ROADS
4.1
No part of a building or structure shall be located within 38.1 m (125 ft) of the centre line of any
public roadway which is not designated as a provincial highway under the Highways Development
and Protection Regulation.
4.2
Any road designated as a provincial highway under the Highways Development and Protection
Regulation is subject to setbacks as required by Alberta Transportation and any applications for
development adjacent to a highway should be referred to Alberta Transportation for a Roadside
Development Permit.
4.3
No part of any dugout, regardless of size, shall be located within 76.2 m (250 ft) of the right-of-way
of a highway or public road.
4.4
Dugouts may be allowed closer to the centre line of a highway or public road if a barricade is
installed along 100 percent of the length of that part of the dugout fronting the highway or public
road and 25 percent of the length of the sides of the dugout.
SECTION 5
ACCESSORY BUILDINGS
5.1
An accessory building shall not be used as a dwelling unit.
5.2
An accessory building shall be setback a minimum 3.0 m (10 ft) from the principal building and
from all other structures on the same lot.
5.3
An accessory building shall not be located in a front yard or on an easement.
5.4
Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not an
accessory building.
5.5
For campgrounds and recreational vehicle (RV) parks, individual accessory buildings or structures
shall not exceed 37.2 m² (400 ft2) in size and 4.6 m (15 ft) in height.
5.6
An accessory building shall only be constructed after the principal building has been constructed
or the principal use established; except where the accessory building is used for agricultural
purposes as outlined in Section 1.4(a) of Schedule 3.
SECTION 6
MAXIMUM LOT COVERAGE
6.1
The maximum site coverage for all the permitted and discretionary uses listed above:
(a)
as determined by the Development Authority.
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SCHEDULE 2 - RR | 3
SECTION 7
CONCEPTUAL SCHEME
7.1
The Development Authority may require a professionally prepared conceptual scheme as part of
the development permit application.
7.2
The Development Authority may require, as a condition of approval, that the conceptual scheme
forms part of the approval and shall not be deviated from without the authorization of the
Development Authority.
SECTION 8
AREA STRUCTURE PLANS
8.1
The Development Authority may require the preparation of an area structure plan in accordance
with Schedule 4(3) prior to considering an application.
SECTION 9
ACCESS
9.1
The municipality may, at the time of subdivision or development, require the developer to enter
into an agreement for the construction or upgrade of any approach(es) necessary to serve the
development area in accordance with County Design Guidelines.
9.2
To ensure proper emergency access, all developments shall have direct legal and physical access
to a public roadway in accordance with County Design Guidelines. If the development is within
300 m (984.3 ft.) of a provincial highway, direct legal and physical access to a public roadway shall
be to the satisfaction of Alberta Transportation.
9.3
The requirement for a service road or subdivision street to provide access may be imposed as a
condition of subdivision approval for any new development. Survey and construction costs shall
be the responsibility of the applicant.
SECTION 10
SERVICING REQUIREMENTS
10.1
Every development shall be required to install a sewage disposal system and potable water system
to the satisfaction of the Development Authority and in accordance with any applicable County
Design Guidelines. The Development Authority may refuse a development if the parcel on which
it is proposed is not large enough to support a sewage disposal system to the standard required.
SECTION 11
FENCES
11.1
No fence, wall, hedge or any combination thereof, lying within 7.6 m (25 ft) of the right-of-way of
a public roadway (excluding lanes) shall extend more than 0.9 m (3 ft) above the ground (except
in the case of corner lots where one yard is considered as the side yard) unless permitted by the
Development Authority (see Figure below).
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Land Use Bylaw No. 2020-028
11.2
Fences enclosing rear and side yards shall not exceed 2.4 m (8 ft) in height.
SECTION 12
PARK MODELS RECREATIONAL UNITS
12.1
The Development Authority shall only issue a development permit for a park model recreational
unit if, in its opinion, the unit is to only be used for seasonal residential and/or recreational use.
12.2
The Development Authority may, as a condition of development permit, limit or prohibit the type
or extent of certain service connections that may be connected to a park model recreational unit
in order to ensure that the unit is only to be used for seasonal use.
SECTION 13
LAND SUITABILITY AND SERVICING REQUIREMENTS - See Schedule 4.
SECTION 14
STANDARDS OF DEVELOPMENT - See Schedule 5.
Land Use Bylaw No. 2020-028
SCHEDULE 2 - RV | 1
RESERVOIR VICINITY - RV
PURPOSE:
To allow agricultural and non-agricultural uses to meet increasing pressures for development,
where appropriate, without compromising the irrigation function and ecological significance of the
reservoirs located within Vulcan County.
SECTION 1
USES
1.1
Permitted Uses
Accessory building, structure or use
Additions to existing buildings
Agricultural building (e)
Agricultural operation (e)
Extensive agriculture (e)
Home occupation 1 (e)
Manufactured dwellings 1
Modular dwellings 1 and 2
Moved-in building
Moved-in dwelling
Ready-to-move dwelling
Shipping container (e)
Short-Term Rental 1
Sign, Category 1 (e)
Sign, Category 2
Single detached dwelling
Utilities (e)
1.2
Discretionary Uses - MPC
Abattoir
Animal care service, small and large
Cemetery and interment services
Child care facility
Community hall
Duplex
Intensive horticultural operation
Kennel, breeding
Meteorological tower
Mushroom farm
Public building or use
Religious assembly
Renewable energy, individual
Riding stable/arena
School
Short-Term Rental 2
Stripping and sale of topsoil
Discretionary Uses - DO
Dwelling unit, combined
Home occupation 2
Manufactured dwelling 2
Second dwelling unit
Secondary suite
Sign, Category 2 and 3
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Land Use Bylaw No. 2020-028
(e) means "Exempt" and development will not require a development permit if it meets all the provisions of
this Bylaw and is in accordance with any applicable requirements in Schedule 3.
SECTION 2
PARCEL AND LOT SIZE
2.1
A minimum lot size of 0.4 ha (1 acre) is recommended for any permitted or discretionary use. This
may be varied by the Municipal Planning Commission to reasonably accommodate the proposed
use. Parcels and lot sizes for all land uses shall be determined by the Municipal Planning
Commission. The following parcel sizes apply to the uses listed below.
2.2
Extensive Agriculture
(a)
existing parcels;
(b)
64.8 ha (160 acres) or an unsubdivided quarter section.
2.3
Farmsteads
(a)
existing parcels;
(b)
flexible maximum based on farmstead definition.
2.4
Vacant Country Residential
(a)
existing parcels;
(b)
minimum of 0.4 ha (1 acre);
(c)
maximum of 1.2 ha (3 acres).
SECTION 3
DENSITY
3.1
The maximum number of parcels allowed on an unsubdivided quarter section of land shall be two,
unless a redesignation process is undertaken and approved.
SECTION 4
RESERVOIR MATTERS
4.1
The Development Authority shall have regard for the Reservoir Lands Guideline (Alberta
Environment, 2015) in evaluating subdivision and development proposals.
SECTION 5
MINIMUM SETBACK FROM PROPERTY LINES
5.1
All structures and buildings shall be setback 7.6 m (25 ft) from all property lines not fronting on or
adjacent to a municipal roadway.
SECTION 6
MINIMUM SETBACKS FROM ROADS
6.1
No part of a building or structure shall be located within 38.1 m (125 ft) of the centre line of any
public roadway which is not designated as a provincial highway under the Highways Development
and Protection Regulation.
6.2
Any road designated as a provincial highway under the Highways Development and Protection
Regulation is subject to setbacks as required by Alberta Transportation and any applications for
development adjacent to a highway should be referred to Alberta Transportation for a Roadside
Development Permit.
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SCHEDULE 2 - RV | 3
6.3
No part of any dugout, regardless of size, shall be located within 76.2 m (250 ft) of the right-of-way
of a highway or public road.
6.4
Dugouts may be allowed closer to the centre line of a highway or public road if a barricade is
installed along 100 percent of the length of that part of the dugout fronting the highway or public
road and 25 percent of the length of the sides of the dugout.
SECTION 7
MINIMUM SETBACKS FROM IRRIGATION INFRASTRUCTURE
7.1
No part of a building or structure shall be located:
(a)
within 10.0 m (33 ft) of the centreline of a Bow River Irrigation District (BRID) irrigation
pipeline or 3.0 m (10 ft) of a registered right-of-way or easement for any irrigation pipeline
or irrigation canal, whichever is greater;
(b)
within 60.1 m (200 ft) from any BRID or Alberta Environment water reservoir measured from
the water's edge at full supply level (FSL) or 30.5 m (100 ft) from the registered reservoir
right-of-way, whichever is greater.
SECTION 8
MINIMUM FLOOR AREA REQUIREMENT
8.1
The minimum floor area of the principal dwelling shall not be less than 74.3 m2 (800 ft2), not
including multi-unit dwellings.
SECTION 9
ACCESS
9.1
The municipality may, at the time of subdivision or development, require the developer to enter
into an agreement for the construction or upgrade of any approach(es) necessary to serve the
development area in accordance with County Design Guidelines.
9.2
To ensure proper emergency access, all developments shall have direct legal and physical access
to a public roadway in accordance with County Design Guidelines. If the development is within
300 m (984.3 ft.) of a provincial highway, direct legal and physical access to a public roadway shall
be to the satisfaction of Alberta Transportation.
9.3
The requirement for a service road or subdivision street to provide access may be imposed as a
condition of subdivision approval for any new development. Survey and construction costs shall
be the responsibility of the applicant.
SECTION 10
ACCESSORY BUILDINGS
10.1
An accessory building shall not be used as a dwelling unit except where approval is granted for a
Dwelling Unit, Combined.
10.2
An accessory building shall be setback a minimum 3.0 m (10 ft) from the principal dwelling and
from all other structures on the same lot.
10.3
Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not an
accessory building.
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Land Use Bylaw No. 2020-028
10.4
An accessory building shall only be constructed after the principal building has been constructed
or the principal use established; except where the accessory building is used for agricultural
purposes as outlined in Section 1.4(a) of Schedule 3.
SECTION 11
FENCES AND SHELTERBELTS
11.1
Agricultural fences constructed of rails, stakes, strung wire, or similar material with more than
85 percent of their surface area open for free passage of light and air may be located along the
property boundaries of any agricultural parcel and are not subject to the 38.1 m (125 ft) setback
from municipal roads or the required setbacks for the land use district.
11.2
Fences used as an enclosure, barrier, boundary, means of protection, privacy screening or
confinement constructed of any allowable material (wood, stone/brick, metal, or plastic) with less
than 85 percent of their surface area open for free passage of light must be located outside the
required setbacks for the land use district and shall not exceed 2.4m (8 ft.) in height.
11.3
In rural areas along municipal roads, the construction or erection of a fence, hedge or shelterbelt
shall comply with the following:
(a)
no fence, hedge, tree or shelterbelt shall be erected which would unduly restrict the vision
of approaching traffic; and
(b)
no fence, hedge, tree or shelterbelt under Section 11.2 shall be erected closer than 7.6 m
(25 ft) of the right-of-way of a municipal road. This provision shall not apply to existing
yardsites developed before the passing of this Bylaw.
SECTION 12
SERVICING REQUIREMENTS
12.1
Every development shall be required to install a sewage disposal system and potable water system
to the satisfaction of the Development Authority and in accordance with any applicable County
Design Guidelines. The Development Authority may refuse a development if the parcel on which
it is proposed is not large enough to support a sewage disposal system to the standard required.
SECTION 13
SUBDIVISION
General
13.1
The Municipal Planning Commission may only approve one subdivision on an unsubdivided quarter
section within the Reservoir Vicinity - RV district. The Municipal Planning Commission may
consider a quarter section to be unsubdivided if previous subdivisions were for the purpose of:
(a)
public or quasi-public use;
(b)
the parcel meets the requirements of 12.4, Agricultural Uses;
(c)
the parcel meets the requirements of 12.6, Cut-Off or Fragmented Agricultural Parcel; or
(d)
the parcel meets the requirements of 12.9, Subdivision of Existing Small Titles.
Agricultural Uses
13.2
A subdivision for an intensive horticultural use may be treated as an agricultural use and may be
permitted as one of the allowable subdivisions from a quarter section.
13.3
The Municipal Planning Commission shall not approve an application for subdivision of a parcel on
which an existing or proposed confined feeding operation (CFO) is located.
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13.4
The creation of large agricultural parcels will be considered on a case-by-case basis and may
include the following:
(a) the creation of a 32.4 ha (80 acre) parcel provided there is a minimum residual parcel size of
28.3 ha (70 acres); or
(b) logical divisions based on topography or other conditions at the discretion of the Municipal
Planning Commission.
13.5
A parcel created pursuant to the above policy or previous provincial policies may be eligible for the
subdivision of an existing farmstead or vacant parcel provided that the proposal is consistent with
the requirements established for single lot parcels in 12.10 and 12.11.
Existing Agricultural Parcels
13.6
The enlargement, reduction or realignment of an existing separate parcel may be approved
provided that:
(a)
the additional lands required are to accommodate existing or related improvements; or
(b)
the proposal is to rectify or rationalize existing habitation, occupancy, cultivation or
settlement patterns; and
(c)
no additional parcels are created over and above those presently in existence;
(d)
the proposed new lot and the proposed residual lot will continue to have direct legal and
physical access to a public roadway, adequate development setbacks, and a suitable building
site; and
(e)
the size, location and configuration of the proposed lot will not significantly affect any
irrigation or transportation system in the area nor the urban expansion strategies of
neighbouring municipalities.
Cut-Off or Fragmented Agricultural Parcel
13.7
Subdivision of an undeveloped or developed cut-off parcel may be approved if:
(a)
the proposed lot is separated from the residual by:
(i)
a registered exception from the title,
(ii)
a feature that creates a significant physical barrier to use of both sides as a unit;
(b)
the proposed lot has legal access;
(c)
neither the proposed lot or the residual parcel are occupied by a confined feeding operation.
13.8
A parcel created pursuant to the provisions of the above policy or previous provincial policies may
be eligible for the subdivision of an existing farmstead or vacant parcel provided that the proposal
is consistent with the requirements established for single lot parcels in 12.10 and 12.11 and the
residual of the fragmented parcel must be at least 1.2 ha (3 acres) in size.
Subdivision of Existing Small Titles
13.9
An existing title of land that is 16.2 ha (40 acres) or less but greater than 2.4 ha (6 acres) may be
divided into two parcels if:
(a)
both parcels can accommodate joint access to a public road; and
(b)
the subdivision does not propose to create more than four titles per quarter.
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Land Use Bylaw No. 2020-028
Single Lot Developed Farmstead
13.10
A subdivision that proposes to create a single parcel containing a developed residence or
farmstead may be approved provided that:
(a)
the proposed parcel is to be subdivided from a previously unsubdivided quarter section
compliant with the farmstead definition with a flexible maximum parcel size based on the
improvements;
(b)
Farmstead means a part of a parcel that:
(i)
is presently or was formerly used as a single detached dwelling;
(ii)
is further developed with agricultural buildings such as quonsets and grain bins,
accessory buildings, structures such as corrals, storage compounds and/or storage or
areas used for farm machinery, produce and fertilizer, dugout and/or water well or
municipal rural water and septic system;
(iii)
is of a compact size and physically defined by topography, shelterbelts or other physical
characteristics;
(iv)
does not include any cultivated farmland or lands suitable for agricultural production
unless included within a shelter belt and/or physically defined area. Fencing alone shall
not constitute a physically defined area if it encompasses agricultural land or hazard
lands that are not necessary for the habitation of the proposed subdivision and that
may be left with the larger agricultural parcel unless impractical to do so; limited
pasture land used for grazing of animals may be included where the lands are part of a
developed yard site; and
(c)
the proposed lot on which the dwelling is located and the proposed residual parcel have
direct legal and/or physical access to a public roadway;
(d)
the access is satisfactory to Alberta Transportation where the access is onto or in close
proximity to a primary highway;
(e)
the size and location of the proposed lot will not significantly affect any irrigation system in
the area;
(f)
the dwelling unit located on the proposed parcel can meet or exceed the minimum distance
separation (MDS) requirements from an existing confined feeding operation, as established
in the Agricultural Operation Practices Act, Standards and Administration Regulation; and
(g)
the residual parcel size after subdivision is to be flexible based on the proposal for
subdivision.
Single Lot Vacant
13.11
A subdivision which proposes to create a single vacant parcel may be approved provided that:
(a)
the proposed parcel to be created is a maximum of 1.2 ha (3.0 acres) in size;
(b)
the proposed single residential lot contains, in the opinion of the Municipal Planning
Commission, a buildable site;
(c)
the proposed single residential lot can be serviced to the satisfaction of the Municipal
Planning Commission;
(d)
the development on the proposed single residential lot will not, in the opinion of the
Municipal Planning Commission, inhibit public access to or otherwise have a detrimental
effect on agriculture or the recreational use of a river valley, water body, environmentally
sensitive area or special scenic location;
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(e)
the proposed lot and the residual parcel both have direct legal and physical access to a public
roadway;
(f)
the access is satisfactory to Alberta Transportation where the access is onto or in close
proximity to a primary highway; and
(g)
the size and location of the proposed lot will not significantly affect any irrigation system in
the area.
Public and Institutional Uses
13.12
A subdivision application for public or institutional uses may be recommended for approval if:
(a)
the Municipal Planning Commission is satisfied that suitable, existing alternative parcels are
not reasonably available in another land use district;
(b)
the legal and physical access, including access to the residual agricultural lot, satisfies Alberta
Transportation, in the case of a provincial highway or the Municipal Planning Commission in
the case of municipal roads;
(c)
the Municipal Planning Commission is satisfied that the use is primary, suitable, serviceable
and will be developed as proposed; and
(d)
where already functioning, the application encompasses the developed site only.
13.13
The conversion of small parcels established for public or institutional purposes to other uses should
be limited to those developments which, in the opinion of the Municipal Planning Commission, are
considered appropriate and compatible with surrounding uses.
SECTION 14
LAND SUITABILITY AND SERVICING REQUIREMENTS - See Schedule 4.
SECTION 15
STANDARDS OF DEVELOPMENT - See Schedule 5.
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SCHEDULE 2 - UF | 1
URBAN FRINGE - UF
PURPOSE:
To protect the agricultural land base of the municipality and ensure the fringe areas of urban
municipalities are protected for future expansion and development while allowing non-agricultural
uses that complement the area's economy and do not conflict with an urban environment.
SECTION 1
USES
1.1
Permitted Uses
Accessory building, structure or use
Additions to existing buildings
Agricultural building (e)
Agricultural operation (e)
Extensive agriculture (e)
Home occupation 1 (e)
Manufactured dwelling 1
Modular dwelling 1 and 2
Ready-to-move dwelling
Shipping container (e)
Short-Term Rental 1
Sign, Category 1 (e)
Single detached dwelling
Utilities (e)
1.2
Discretionary Uses - MPC
Cemetery and interment services
Community hall
Exhibition centre
Farmer's market
Home occupation 3
Kennel, breeding
Moved-in building
Parking areas and structures
Recreation facility
Religious assembly
Renewable energy, individual
Riding stable/arena
Rodeo grounds
Short-Term Rental 2
Sign, Category 2 and 3
Stripping and sale of topsoil
Discretionary Uses - DO
Dwelling unit, combined
Home occupation 2
Moved-in dwelling
Second dwelling unit
Secondary suite
(e) means "Exempt" and development will not require a development permit if it meets all the provisions of
this Bylaw and is in accordance with any applicable requirements in Schedule 3.
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Land Use Bylaw No. 2020-028
SECTION 2
PARCEL AND LOT SIZE
2.1
A minimum lot size of 0.4 ha (1 acre) is recommended for any permitted or discretionary use. This
may be varied by the Municipal Planning Commission to reasonably accommodate the proposed
use. Parcels and lot sizes for all land uses shall be determined by the Municipal Planning
Commission. The following parcel sizes apply to the uses listed below.
2.2
Extensive Agriculture
(a)
existing parcels;
(b)
64.8 ha (160 acres) or an unsubdivided quarter section.
2.3
Farmsteads
(a)
existing parcels;
(b)
flexible maximum based on farmstead definition.
2.4
Vacant Country Residential
(a)
existing parcels;
(b)
minimum of 0.4 ha (1 acre);
(c)
maximum of 1.2 ha (3 acres.
SECTION 3
DENSITY
3.1
The maximum number of parcels allowed on an unsubdivided quarter section of land shall be two,
unless a redesignation process is undertaken and approved.
SECTION 4
DEVELOPMENT APPLICATION REFERRALS
4.1
Any application for a discretionary use within this land use district shall be forwarded to the
appropriate urban municipality for comments, or as directed in an intermunicipal development
plan, before a decision by the Development Authority is rendered.
SECTION 5
MINIMUM SETBACK FROM PROPERTY LINES
5.1
All structures and buildings shall be setback 7.6 m (25 ft) from all property lines not fronting on or
adjacent to a municipal roadway.
SECTION 6
MINIMUM SETBACKS FROM ROADS
6.1
No part of a building or structure shall be located within 38.1 m (125 ft) of the centre line of any
public roadway which is not designated as a provincial highway under the Highways Development
and Protection Regulation.
6.2
Any road designated as a provincial highway under the Highways Development and Protection
Regulation is subject to setbacks as required by Alberta Transportation and any applications for
development adjacent to a highway should be referred to Alberta Transportation for a Roadside
Development Permit.
6.3
No part of any dugout, regardless of size, shall be located within 76.2 m (250 ft) of the right-of-way
of a highway or public road.
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6.4
Dugouts may be allowed closer to the centre line of a highway or public road if a barricade is
installed along 100 percent of the length of that part of the dugout fronting the highway or public
road and 25 percent of the length of the sides of the dugout.
SECTION 7
MINIMUM SETBACKS FROM IRRIGATION INFRASTRUCTURE
7.1
No part of a building or structure shall be located:
(a)
within 10.0 m (33 ft) of the centreline of a Bow River Irrigation District (BRID) irrigation
pipeline or 3.0 m (10 ft) of a registered right-of-way or easement for any irrigation pipeline
or irrigation canal, whichever is greater;
(b)
within 60.1 m (200 ft) from any BRID or Alberta Environment water reservoir measured from
the water's edge at full supply level (FSL) or 30.5 m (100 ft) from the registered reservoir
right-of-way, whichever is greater.
SECTION 8
MINIMUM FLOOR AREA REQUIREMENT
8.1
The minimum floor area of the principal dwelling shall not be less than 74.3 m2 (800 ft2), not
including multi-unit dwellings.
SECTION 9
ACCESS
9.1
The municipality may, at the time of subdivision or development, require the developer to enter
into an agreement for the construction or upgrade of any approach(es) necessary to serve the
development area in accordance with County Design Guidelines.
9.2
To ensure proper emergency access, all developments shall have direct legal and physical access
to a public roadway in accordance with County Design Guidelines. If the development is within
300 m (984.3 ft.) of a provincial highway, direct legal and physical access to a public roadway shall
be to the satisfaction of Alberta Transportation.
9.3
The requirement for a service road or subdivision street to provide access may be imposed as a
condition of subdivision approval for any new development. Survey and construction costs shall
be the responsibility of the applicant.
SECTION 10
ACCESSORY BUILDINGS
10.1
An accessory building shall not be used as a dwelling unit except where approval is granted for a
Dwelling Unit, Combined.
10.2
An accessory building shall be setback a minimum 3.0 m (10 ft) from the principal dwelling and
from all other structures on the same lot.
10.3
Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not an
accessory building.
10.4
An accessory building shall only be constructed after the principal building has been constructed
or the principal use established; except where the accessory building is used for agricultural
purposes as outlined in Section 1.4(a) of Schedule 3.
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Land Use Bylaw No. 2020-028
SECTION 11
FENCES AND SHELTERBELTS
11.1
Agricultural fences constructed of rails, stakes, strung wire, or similar material with more than
85 percent of their surface area open for free passage of light and air may be located along the
property boundaries of any agricultural parcel and are not subject to the 38.1 m (125 ft) setback
from municipal roads or the required setbacks for the land use district.
11.2
Fences used as an enclosure, barrier, boundary, means of protection, privacy screening or
confinement constructed of any allowable material (wood, stone/brick, metal, or plastic) with less
than 85 percent of their surface area open for free passage of light must be located outside the
required setbacks for the land use district and shall not exceed 2.4m (8 ft.) in height.
11.3
In rural areas along municipal roads, the construction or erection of a fence, hedge or shelterbelt
shall comply with the following:
(a)
no fence, hedge, tree or shelterbelt shall be erected which would unduly restrict the vision
of approaching traffic; and
(b)
no fence, hedge, tree or shelterbelt under Section 11.2 shall be erected closer than 7.6 m (25
ft) of the right-of-way of a municipal road. This provision shall not apply to existing yardsites
developed before the passing of this Bylaw.
SECTION 12
SERVICING REQUIREMENTS
12.1
Every development shall be required to install a sewage disposal system and potable water system
to the satisfaction of the Development Authority and in accordance with any applicable County
Design Guidelines. The Development Authority may refuse a development if the parcel on which
it is proposed is not large enough to support a sewage disposal system to the standard required.
SECTION 13
SUBDIVISION
General
13.1
The Municipal Planning Commission may only approve one subdivision on an unsubdivided quarter
section within the Urban Fringe - UF district. The Municipal Planning Commission may consider a
quarter section to be unsubdivided if previous subdivisions were for the purpose of:
(a)
public or quasi-public use;
(b)
the parcel meets the requirements of 12.4, Agricultural Uses;
(c)
the parcel meets the requirements of 12.6, Cut-Off or Fragmented Agricultural Parcel; or
(d)
the parcel meets the requirements of 12.9, Subdivision of Existing Small Titles.
Agricultural Uses
13.2
A subdivision for an intensive horticultural use may be treated as an agricultural use and may be
permitted as one of the allowable subdivisions from a quarter section.
13.3
The Municipal Planning Commission shall not approve an application for subdivision of a parcel on
which an existing or proposed confined feeding operation (CFO) is located.
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SCHEDULE 2 - UF | 5
13.4
The creation of large agricultural parcels will be considered on a case-by-case basis and may
include the following:
(a) the creation of a 32.4 ha (80 acre) parcel provided there is a minimum residual parcel size of
28.3 ha (70 acres); or
(b) logical divisions based on topography or other conditions at the discretion of the Municipal
Planning Commission.
13.5
A parcel created pursuant to the above policy or previous provincial policies may be eligible for the
subdivision of an existing farmstead or vacant parcel provided that the proposal is consistent with
the requirements established for single lot parcels in 12.10 and 12.11.
Existing Agricultural Parcels
13.6
The enlargement, reduction or realignment of an existing separate parcel may be approved
provided that:
(a)
the additional lands required are to accommodate existing or related improvements; or
(b)
the proposal is to rectify or rationalize existing habitation, occupancy, cultivation or
settlement patterns; and
(c)
no additional parcels are created over and above those presently in existence;
(d)
the proposed new lot and the proposed residual lot will continue to have direct legal and
physical access to a public roadway, adequate development setbacks, and a suitable building
site; and
(e)
the size, location and configuration of the proposed lot will not significantly affect any
irrigation or transportation system in the area nor the urban expansion strategies of
neighbouring municipalities.
Cut-Off or Fragmented Agricultural Parcel
13.7
Subdivision of an undeveloped or developed cut-off parcel may be approved if:
(a)
the proposed lot is separated from the residual by:
(i)
a registered exception from the title,
(ii)
a feature that creates a significant physical barrier to use of both sides as a unit;
(b)
the proposed lot has legal access;
(c)
neither the proposed lot or the residual parcel are occupied by a confined feeding operation.
13.8
A parcel created pursuant to the provisions of the above policy or previous provincial policies may
be eligible for the subdivision of an existing farmstead or vacant parcel provided that the proposal
is consistent with the requirements established for single lot parcels in 12.1 and 12.11 and the
residual of the fragmented parcel must be at least 1.2 ha (3 acres) in size.
Subdivision of Existing Small Titles
13.9
An existing title of land that is 16.2 ha (40 acres) or less but greater than 2.4 ha (6 acres) may be
divided into two parcels if:
(a)
both parcels can accommodate joint access to a public road; and
(b)
the subdivision does not propose to create more than four titles per quarter.
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Land Use Bylaw No. 2020-028
Single Lot Developed Farmstead
13.10
A subdivision that proposes to create a single parcel containing a developed residence or
farmstead may be approved provided that:
(a)
the proposed parcel is to be subdivided from a previously unsubdivided quarter section
compliant with the farmstead definition with a flexible maximum parcel size based on the
improvements; and
(b)
Farmstead means a part of a parcel that:
(i)
is presently or was formerly used as a single detached dwelling;
(ii)
is further developed with agricultural buildings such as quonsets and grain bins,
accessory buildings, structures such as corrals, storage compounds and/or storage or
areas used for farm machinery, produce and fertilizer, dugout and/or water well or
municipal rural water and septic system;
(iii)
is of a compact size and physically defined by topography, shelterbelts or other physical
characteristics;
(iv)
does not include any cultivated farmland or lands suitable for agricultural production
unless included within a shelter belt and/or physically defined area. Fencing alone shall
not constitute a physically defined area if it encompasses agricultural land or hazard
lands that are not necessary for the habitation of the proposed subdivision and that
may be left with the larger agricultural parcel unless impractical to do so; limited
pasture land used for grazing of animals may be included where the lands are part of a
developed yard site; and
(c)
the proposed lot on which the dwelling is located and the proposed residual parcel have
direct legal and/or physical access to a public roadway; and
(d)
the access is satisfactory to Alberta Transportation where the access is onto or in close
proximity to a primary highway; and
(e)
the size and location of the proposed lot will not significantly affect any irrigation system in
the area;
(f)
the dwelling unit located on the proposed parcel can meet or exceed the minimum distance
separation (MDS) requirements from an existing confined feeding operation, as established
in the Agricultural Operation Practices Act, Standards and Administration Regulation; and
(g)
the residual parcel size after subdivision is to be flexible based on the proposal for
subdivision.
Single Lot Vacant
13.11
A subdivision which proposes to create a single vacant parcel may be approved provided that:
(a)
the proposed parcel to be created is a maximum of 1.2 ha (3.0 acres) in size;
(b)
the proposed single residential lot contains, in the opinion of the Municipal Planning
Commission, a buildable site;
(c)
the proposed single residential lot can be serviced to the satisfaction of the Municipal
Planning Commission;
(d)
the development on the proposed single residential lot will not, in the opinion of the
Municipal Planning Commission, inhibit public access to or otherwise have a detrimental
effect on agriculture or the recreational use of a river valley, water body, environmentally
sensitive area or special scenic location;
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(e)
the proposed lot and the residual parcel both have direct legal and physical access to a public
roadway;
(f)
the access is satisfactory to Alberta Transportation where the access is onto or in close
proximity to a primary highway; and
(g)
the size and location of the proposed lot will not significantly affect any irrigation system in
the area.
Public and Institutional Uses
13.12
A subdivision application for public or institutional uses may be recommended for approval if:
(a)
the Municipal Planning Commission is satisfied that suitable, existing alternative parcels are
not reasonably available in another land use district;
(b)
the legal and physical access, including access to the residual agricultural lot, satisfies Alberta
Transportation, in the case of a provincial highway or the Municipal Planning Commission in
the case of municipal roads; and
(c)
the Municipal Planning Commission is satisfied that the use is primary, suitable, serviceable
and will be developed as proposed; and
(d)
where already functioning, the application encompasses the developed site only.
13.13
The conversion of small parcels established for public or institutional purposes to other uses should
be limited to those developments which, in the opinion of the Municipal Planning Commission, are
considered appropriate and compatible with surrounding uses.
SECTION 14
LAND SUITABILITY AND SERVICING REQUIREMENTS - See Schedule 4.
SECTION 15
STANDARDS OF DEVELOPMENT - See Schedule 5.
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SCHEDULE 2 - PS | 1
PUBLIC SERVICE - PS
PURPOSE:
To provide for publicly-owned services and facilities and to protect the operation of these facilities
from encroachment by incompatible land uses. When located within or adjacent to other major
land uses, the development of these uses must be sensitive to these neighbouring areas.
SECTION 1
USES
1.1
Permitted Uses
Accessory building, structure or use
Additions to existing buildings
Parking areas and structures
Parks and playgrounds
Public building or use
Public day use area
Sign, Category 1 (e)
Sign, Category 2
Utilities (e)
1.2
Discretionary Uses - MPC
Airport
Airstrip
Dwelling Unit, Combined
Entertainment establishment
Hangar
Medical treatment services
Moved-in building
Recycling facility
Renewable energy, individual
School
Shipping container
Waste management site
Waste management transfer station
Wastewater treatment plan
Water treatment plant and reservoirs
Discretionary Uses - DO
Sign, Category 3
(e) means "Exempt" and development will not require a development permit if it meets all the provisions of
this Bylaw and is in accordance with any applicable requirements in Schedule 3.
SECTION 2
MINIMUM LOT SIZE
2.1
Existing parcels or as required by the Municipal Planning Commission.
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Land Use Bylaw No. 2020-028
SECTION 3
MINIMUM SETBACK FROM PROPERTY LINES
3.1
All structures and buildings shall be setback 7.6 m (25 ft) from all property lines not fronting on or
adjacent to a municipal roadway.
SECTION 4
MINIMUM SETBACKS FROM ROADS
4.1
No part of a building or structure shall be located within 38.1 m (125 ft) of the centre line of any
public roadway which is not designated as a provincial highway under the Highways Development
and Protection Regulation.
4.2
Any road designated as a provincial highway under the Highways Development and Protection
Regulation is subject to setbacks as required by Alberta Transportation and any applications for
development adjacent to a highway should be referred to Alberta Transportation for a Roadside
Development Permit.
4.3
No part of any dugout, regardless of size, shall be located within 76.2 m (250 ft) of the right-of-way
of a highway or public road.
4.4
Dugouts may be allowed closer to the centre line of a highway or public road if a barricade is
installed along 100 percent of the length of that part of the dugout fronting the highway or public
road and 25 percent of the length of the sides of the dugout.
SECTION 5
MINIMUM SETBACKS FROM IRRIGATION INFRASTRUCTURE
5.1
No part of a building or structure shall be located:
(a)
within 10.0 m (33 ft) of the centreline of a Bow River Irrigation District (BRID) irrigation
pipeline or 3.0 m (10 ft) of a registered right-of-way or easement for any irrigation pipeline
or irrigation canal, whichever is greater;
(b)
within 60.1 m (200 ft) from any BRID or Alberta Environment water reservoir measured from
the water's edge at full supply level (FSL) or 30.5 m (100 ft) from the registered reservoir
right-of-way, whichever is greater.
SECTION 6
ACCESSORY BUILDINGS
6.1
An accessory building shall not be used as a dwelling unit.
6.2
An accessory building shall be setback a minimum 3.0 m (10 ft) from the principal dwelling and
from all other structures on the same lot.
6.3
Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not an
accessory building.
6.4
An accessory building shall only be constructed after the principal building has been constructed
or the principal use established; except where the accessory building is used for agricultural
purposes as outlined in Section 1.4(a) of Schedule 3.
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SCHEDULE 2 - PS | 3
SECTION 7
ACCESS
7.1
The municipality may, at the time of subdivision or development, require the developer to enter
into an agreement for the construction or upgrade of any approach(s) necessary to serve the
development area in accordance with County Design Guidelines.
7.2
To ensure proper emergency access, all developments shall have direct legal and physical access
to a public roadway in accordance with County Design Guidelines. If the development is within
300 m (984.3 ft.) of a provincial highway, direct legal and physical access to a public roadway shall
be to the satisfaction of Alberta Transportation.
7.3
The requirement for a service road or subdivision street to provide access may be imposed as a
condition of subdivision approval for any new development. Survey and construction costs shall
be the responsibility of the applicant.
SECTION 8
LAND SUITABILITY AND SERVICING REQUIREMENTS - See Schedule 4.
SECTION 9
STANDARDS OF DEVELOPMENT - See Schedule 5
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SCHEDULE 2 - DC | 1
DIRECT CONTROL - DC
PURPOSE:
To give Council the flexibility and discretion to approve a use or development, provided it would not
unduly interfere with the amenities of the neighbourhood or materially interfere with or affect the
use, enjoyment or value of neighbouring properties and has legal and physical access to a
developed municipal roadway.
SECTION 1
PERMITTED AND DISCRETIONARY USES
1.1
Any use Council considers appropriate.
SECTION 2
MINIMUM LOT SIZE
2.1
At the discretion of Council.
SECTION 3
MINIMUM SETBACK REQUIREMENTS
3.1
At the discretion of Council.
SECTION 4
STANDARDS OF DEVELOPMENT
4.1
A detailed conceptual scheme shall be submitted with the application to the satisfaction of Council.
SECTION 5
OTHER STANDARDS
5.1
As required by Council.
SECTION 6
APPROVAL PROCEDURE
6.1
Before Council considers an application for a use or development in the Direct Control district, it
shall:
(a)
cause a notice to be issued by the Development Officer in accordance with Administration
Sections 43 and 44 of this Bylaw;
(b)
hear any persons that claim to be affected by the decision on the application.
6.2
Council may then approve the application with or without conditions or refuse the application.
6.3
When applicable, Council should seek comments from other agencies such as the planning advisor,
regional health authority or any applicable provincial government department.
SECTION 7
APPEAL PROCEDURE
7.1
Pursuant to section 641(4)(a) of the MGA, if a decision with respect to a development permit
application is made by Council, there is no appeal to the Subdivision and Development Appeal
Board.
USE DEFINITIONS
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SCHEDULE 2 - USE DEFINITIONS | 1
USE DEFINITIONS
The following definitions shall apply to the entire Bylaw.
NOTE TO READER: These definitions are for the purposes of classifying and regulating specific land uses. Some land
use definitions are general, and are defined for reference to support more specific land uses listed within the land use
districts. The classification of a land use is at the discretion of the Development Authority.
A
ABATTOIR means the use of land or building in which animals are slaughtered and may include the packing, treating,
storing and sale of the product.
ACCESSORY BUILDING means any structure:
(a)
that is physically separate from the principal building on the lot on which both are located and which is
subordinate and incidental to that of the principal building; a typical accessory building is a private garage
or shed;
(b)
the use of which is subordinate and incidental to that of the principal use of the site on which it is located.
No accessory building shall be used for human habitation.
ACCESSORY STRUCTURE means a structure that is detached from the principal building. It is ancillary, incidental,
and subordinate to the principal building or use. Typical accessory structures include flagpoles, dugouts, swimming
pools, and storage tanks. When a structure is attached to the principal building by a roof, a floor, a wall, or a
foundation, either above or below grade, it is considered part of the principal building. No accessory structure shall
be used for human habitation.
ACCESSORY USE means a use of a structure or parcel which is ancillary, subordinate, and incidental to the principal
use of the building or site.
ADDITIONS TO EXISTING BUILDINGS means construction that increases the footprint of an existing building or
structure on the parcel of land, providing for an expansion of the approved use of the property. Typically, there will
be a common connection from the existing building to the addition that includes a foundation of some type beneath
the addition.
ADULT ESTABLISHMENT means commercial establishments in which a significant portion of the business is to:
(a)
display, sell, have in their possession for sale, offer for view, publish, disseminate, give, lease, or otherwise
deal in any written or printed matter, pictures, films, sound recordings, machines, mechanical devices,
models, facsimiles, or other material and paraphernalia depicting sexual conduct or nudity and which
exclude minors by reason of age; and/or
(b)
which display for viewing any film or pictures depicting sexual conduct or nudity and which exclude minors
by reason of age; and/or
(c)
in which any person appears or performs in a manner depicting sexual conduct or involving nudity and
from which minors are excluded by reason of age.
AGRICULTURAL BUILDING means a building or structure associated with and generally essential to an agricultural
operation that:
(a)
does not contain a residential occupancy;
(b)
directly supports a farm operation;
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Land Use Bylaw No. 2020-028
(c)
has a low occupant load; and
(d)
is not used or occupied by, or expected to be used or occupied by, the public or persons, other than the
farmer or farmers that own the building, their immediate family, and/or their employees, that may be in
the building from time to time;
and the building is used for
(e)
housing livestock;
(f)
storing, sorting, grading or bulk packaging primary agricultural products; or
(g)
housing, storing or maintaining machinery associated with the operation of farm on which it is located.
Such structures or facilities may include, but are not limited to the following: machine sheds, storage sheds,
granaries, grain bins, silos, animal housing and/or feeding facilities, repair shops, corrals, pens, and other ancillary
farm structures.
AGRICULTURAL OPERATION means an agricultural activity conducted on agricultural land for gain or reward or in
the hope or expectation of gain or reward (AOPA, Section 1), and includes
(a)
the cultivation of land,
(b)
the raising of livestock, including domestic cervids (ie. elk, moose and deer) within the meaning of the
Livestock Industry Diversification Act and poultry,
(c)
the raising of fur-bearing animals, pheasants or fish,
(d)
the production of agricultural field crops,
(e)
the production of fruit, vegetables, sod, trees, shrubs and other specialty horticultural crops,
(f)
the production of eggs and milk,
(g)
the production of honey,
(h)
the operation of agricultural machinery and equipment, including irrigation pumps,
(i)
the application of fertilizers, insecticides, pesticides, fungicides and herbicides, including application by
ground and aerial spraying, for agricultural purposes,
(j)
the collection, transportation, storage, application, use, transfer and disposal of manure, composting
materials and compost, and
(k)
the abandonment and reclamation of confined feeding operations and manure storage facilities.
AGRICULTURAL PROCESSING means the use of land or a building for the upgrading of a product, for distribution or
for sale that was originally produced in an agricultural operation.
AGRICULTURAL REPAIR SHOP means an operation or facility for the service and/or repair of agricultural implements
and equipment. The facility may also include an outside storage area.
AGRICULTURE, EXTENSIVE means methods used to gain a livelihood on parcels of land containing 28.3 ha (70 acres)
more or less, or all of the land in a parcel as recorded on the certificate of title, by the raising of crops or the rearing
of livestock either separately or in a mixed farm operation.
AIRPORT means any area designed, prepared, equipped or set aside for the arrival, departure, movement or
servicing of commercial or private aircraft; and includes any associated buildings, installations, open space, runways
and equipment for landing/takeoff and flight control. Such an operation will include all the facilities required for the
housing, administration, management and maintenance of aircraft.
AIRSTRIP means land used as an airstrip or aerodrome (whether licensed or unlicensed) as determined by the
appropriate federal department.
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SCHEDULE 2 - USE DEFINITIONS | 3
ANHYDROUS AMMONIA STORAGE/FACILITY means a tank, structure or facility used for the storage and distribution
of anhydrous ammonia used for fertilizer for agricultural crops and includes any development that meets the criteria
described in the "Guidelines for the Location of Stationary Bulk Ammonia Facilities" prepared by Alberta Environment
and Sustainable Resource Development.
ANIMAL CARE SERVICE, LARGE means development used for the care, treatment, boarding, grooming or training of
animals and livestock within or outside buildings and includes the supplementary sale of associated products. This
use includes veterinary offices or hospitals, animal shelters, facilities for impounding and quarantining animals and
related research facilities but does not include a kennel (for breeding purposes).
ANIMAL CARE SERVICE, SMALL means development for the on-site treatment, boarding, grooming or training of
small animals such as household pets, where on-site accommodation may be normally provided and where all care
and confinement facilities are enclosed within a building that may include outdoor access areas. This use includes
off-site treatment of animals or livestock and the supplementary sale of associated products but does not include a
kennel (for breeding purposes). Examples include pet grooming salons, pet clinics and veterinary offices.
AUCTION MARKET means the use of land or buildings for the auctioning or sale and related temporary storage of
primarily livestock, but may also include household effects, personal goods and equipment, and vehicles. This use
includes livestock sales yards but does not include on-site slaughtering such as an abattoir or one-time on-site estate
auction sales.
AUTO RECYCLING AND SALVAGE YARD means a facility or operation specifically intended for the dismantling of
automotive vehicles and the sale of those parts to the general public. Such a facility may include an administrative
office, work areas, and outdoor storage.
AUTO REPAIR AND PAINT SHOP means a building where motor vehicles are repaired and also where motor vehicle
bodies and parts, and other metal machines, components, or objects may be painted. Painting of this type shall not
be done outdoors, but must be set up in a properly ventilated building. This use may also include an outdoor storage
area and an office component.
AUTO SALES AND SERVICE means a building or facility where motor vehicles and/or parts are displayed for sale. The
business may include new and/or used automobile sales, and may also include auto repairs, but not body work and
painting. Outdoor storage and display areas may also be included, as well as an office component.
B
BAR/LOUNGE means a development where the primary purpose of the facility is the sale of alcoholic beverages to
the public, for consumption within the premises and typically includes neighbourhood pubs, bars, beverage rooms,
and cocktail lounges. This use typically has a limited menu and minors are prohibited from patronizing the
establishment during at least some portion of the hours of operation.
BED AND BREAKFAST means an owner-occupied dwelling offering short-term lodging, generally not exceeding one
week, to registered guests and providing only a breakfast meal. The facility may include one or more supplementary
buildings for accommodation.
BOAT LAUNCH means a ramp, typically constructed of wood, metal, or earth/gravel, that extends from a shoreline
into a water body, specifically for the purpose of launching or removing watercraft from the water.
BULK FERTILIZER STORAGE AND SALES means a facility used to store bulk fertilizer for sale and distribution. Such a
facility may include an administrative office, outdoor work area(s) and storage area(s).
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Land Use Bylaw No. 2020-028
BULK FUEL STORAGE AND SALES means a facility used to store bulk fuel for sale and distribution. Such a facility may
include an administrative office, outdoor work area(s) and storage area(s).
BUSINESS SUPPORT SERVICE means an establishment primarily engaged in providing services for other business
establishments such as advertising, building maintenance, clerical, printing, bookkeeping, financial services,
employment services, professional advice, security and other similar services.
C
CAMPGROUND means a development designed with distinct sites for short-term camping purposes by two or more
camping units. The use of the land is intended for seasonal occupancy by camping-related equipment. The
campground may also include supplementary facilities such as an administrative office, washrooms, cooking and
eating shelters, convenience retail operations, laundry facilities and a living area for the owner/operator. Also see
RECREATIONAL VEHICLE PARK.
CAMPING UNIT means a temporary structure facilitating overnight occupancy by one or more persons, typically for
recreational purposes within a campground, and includes tents, recreational vehicles and other similar, non-
permanent facilities.
CANNABIS means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis plant seeds and any
other substance defined as cannabis in the Cannabis Act (Canada) and its regulations, as amended from time to time
and includes edible products that contain cannabis.
CANNABIS ACCESSORY means cannabis accessory as defined in the Cannabis Act (Canada) and its regulations, as
amended from time to time.
CANNABIS PRODUCTION FACILITY means the use of building or land where federally approved medical or non-
medical (recreational) cannabis plants are grown, processed, packaged, tested, destroyed, stored or loaded for
shipping, and that meets all federal or provincial requirements and that meets all requirements of this Bylaw.
CANNABIS RETAIL STORE means the use of a store, premises or a building for a commercial retail cannabis business,
licensed by the Province of Alberta, where legal non-medical cannabis and cannabis accessories are sold to
individuals who attend at the premises and the product sales or associated sales are expressly authorized by the
Alberta Gaming and Liquor Commission (AGLC).
CAR WASH means a user pay facility, whether automated or manual, used to clean the exterior and/or interior of
personal motor vehicles. This type of facility is not intended for commercial vehicles, oilfield vehicles, cattle liners,
farm equipment, or other similar vehicles.
CARDLOCK FUEL DISPENSING FACILITY means a building, structure or part thereof, where fuel, oil and other similar
products used in the operation of truck engines are sold to account customers only via cardlock controllers.
CEMETERY AND INTERMENT SERVICES means a development for the entombment of the deceased and may include
such facilities as crematories, cinerarium, columbarium, mausoleums, memorial parks, burial grounds, cemeteries
and gardens of remembrance.
CHILD CARE FACILITY means the use of a building or facility (or part) for the care and supervision of children during
the day by person(s) typically unrelated to the children. Examples of such a facility include day-care centres,
nurseries, day homes, and after-school or baby-sitting programs.
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SCHEDULE 2 - USE DEFINITIONS | 5
COMMERCIAL TRUCK WASH means a commercial facility for cleaning the interior and exterior of commercial trucks.
In the case of oilfield tanker trucks, washing the interior of the tank requires adherence to the Code of Practice for
Tanker Truck Washing Facilities (EPEA). In the case of cattle transport trucks, washing facilities that deal with manure
are regulated by the NRCB.
COMMERCIAL VEHICLE means a motor vehicle used in the operation of a commercial business or home occupation
operation for the transport of goods and/or equipment incidental to the operation of the business. Typically, the
vehicle will have a commercial license plate and an identifiable logo design on it.
COMMUNITY HALL means a facility or building which is owned or leased by a community association or group, non-
profit organization, or corporate entity for the purposes of public service, use or recreation.
COMPOST FACILITY, TYPE 1 means a waste management facility where waste in the form of vegetative matter, not
including hazardous waste or manure, is collected and decomposed, but does not include a manure storage facility
as defined in the Agricultural Operation Practices Act (AOPA).
COMPOST FACILITY, TYPE 2 means a waste management facility where only vegetative matter and/or manure, is
collected and decomposed, but does not include a manure storage facility as defined in the Agricultural Operation
Practices Act (AOPA).
CONFINED FEEDING OPERATION means a commercial agricultural operation where livestock, of a number exceeding
the threshold established in Schedule 2 of the Agricultural Operations, Part 2 Matters Regulation (see Appendix F)
is confined within a facility for the purpose of sustaining, finishing or breeding. Such an operation requires a
registration or approval under the Agricultural Operation Practices Act (AOPA). This definition does not include
seasonal feeding and bedding sites of a typical livestock operation.
CONTRACTOR, GENERAL means development used for industrial service support and construction. Typical uses
include cleaning and maintenance contractors, building construction, landscaping, concrete, electrical, excavation,
drilling heating, plumbing, paving, road construction, sewer or similar services of a construction nature which require
on-site storage space for materials, construction equipment or vehicles normally associated with the contractor
service. Any sales, display, office or technical support service areas shall be accessory to the principal general
contractor use.
CONTRACTOR, LIMITED means a development used for the provision of electrical, plumbing, heating, painting,
catering and similar contractor services primarily to individual household and the accessory sales of goods normally
associated with the contractor services where all material are kept within an enclosed building, and there are no
accessory manufacture activities or fleet storage of more than five vehicles.
CROP SPRAYING OPERATION AND FACILITY means a business involved in the application of chemicals for crop
maintenance (i.e. herbicides). Such an operation may include an administrative office, ancillary structures, an
outside storage area, work areas, parking, and other components deemed necessary for the general operation of
the business.
D
DRIVE-IN RESTAURANT means an establishment where food is prepared and served on the premises for sale to the
public and includes car attendant and/or drive-through, pick-up service.
DRIVING RANGE means an area equipped with distance markers, clubs, balls, and tees for practicing golf drives and
putting, and which may include a snack-bar and pro shop and other incidental activities pertaining to this activity.
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DUGOUT means an excavation specifically sited and constructed for the purpose of catching and storing water.
Depending on the circumstances, the dugout may be intended for either seasonal use or permanent use. For use
purposes these may be considered as an ACCESSORY STRUCTURE.
DUPLEX means a residential structure that contains two separately owned dwelling units on one parcel of land.
Typically the duplex will have separate entrances for each owner but the two units will be connected either by a
common floor/ceiling, or by a common wall (party wall) between units.
DWELLING UNIT means a structure built for the purpose of being a self-contained living premises, designed to be
occupied by an individual or family or other household group, in which facilities are included for cooking, sanitation,
and sleeping. Such units include, but are not limited to, single-unit dwellings, modular dwellings, duplexes,
apartments, manufactured dwellings and moved-in buildings for residential use. For the purpose of this Bylaw, a
Camping Unit is not a Dwelling Unit.
DWELLING UNIT, COMBINED means a dwelling unit that is contained, wholly or partly, within an accessory building
that appears, predominantly, as an accessory building.
DWELLING, MANUFACTURED 1 means a completely self-contained dwelling unit, designed and constructed entirely
within a factory setting. A manufactured dwelling 1 refers to a new structure, and one that has not been previously
occupied or used as a show home. Typically, it is transported to a site in not more than one piece on its own chassis
and wheel system or on a flatbed truck. For the purposes of this Bylaw, a manufactured dwelling does not include
a "modular dwelling" or "ready-to-move dwelling".
DWELLING, MANUFACTURED 2 has the same meaning as manufactured dwelling 1, except that it has been occupied
previously as a dwelling and must be constructed no earlier than 1985.
DWELLING, MODULAR 1 means a dwelling unit built at an off-site manufacturing facility in conformance with CSA
standards designed in two or more modules or sections. The dwelling is transported by transport trailer in sections
and delivered to the site where it is assembled and placed on a contiguous concrete basement.
DWELLING, MODULAR 2 means a dwelling unit built at an off-site manufacturing facility in conformance with CSA
standards designed in two or more modules or sections. The dwelling is transported by transport trailer in sections
and delivered to the site where it is assembled and placed on approved foundation other than a contiguous concrete
basement.
DWELLING, MOVED-IN means a previously existing, established and occupied dwelling, which is removed from one
site and then transported and re-established on another site. For the purposes of this Bylaw, a moved-in building
does not include a "manufactured dwelling", "modular dwelling", "ready-to-move dwelling", motor home, travel
trailer, recreation vehicle and any similar vehicles that are neither intended for permanent residential habitation nor
subject to the current provincial building requirements.
DWELLING, MULTI-UNIT means a residential building that contains three or more dwelling units where each unit is
provided with its own separate primary access to the outside.
DWELLING, READY-TO-MOVE means a previously unoccupied dwelling constructed at a place other than its
permanent location (off-site) which is built to current Alberta Safety Codes Standards and is transported in whole or
in parts, complete with paint, cabinets, floor covering, lighting and plumbing fixtures, to a site and placed on a
permanent wood or concrete basement foundation. For purposes of this Bylaw, a ready-to-move dwelling does not
include a manufactured dwelling, modular dwelling or moved-in building.
DWELLING, SECOND means a standalone additional dwelling unit on a lot which is not contained within the principal
residence. A secondary dwelling unit may be a manufactured dwelling, ready-to-move dwelling, modular, moved-
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SCHEDULE 2 - USE DEFINITIONS | 7
in dwelling or a site-built dwelling/accessory building in accordance with the land use district it is proposed to be
located within.
DWELLING, SINGLE DETACHED means a freestanding residential dwelling containing one dwelling unit stick built on
site, not forming part of and not physically attached to any other dwelling or structure.
E
ENTERTAINMENT ESTABLISHMENT means a use that provides dramatic, musical, dancing or cabaret entertainment
and includes supplementary food service and/or facilities for alcoholic beverage consumption.
EQUIPMENT SALES, RENTAL AND SERVICE means development for the retail sale, wholesale distribution, rental
and/or service of hand tools, small construction, farming, gardening and automotive equipment, small machinery
parts and office machinery and equipment.
EXHIBITION CENTRE means the use of land or building, public or private, for temporary events including seasonal
shows, conventions, conferences, seminars, product displays or sale of goods, recreation activities, and
entertainment functions. This use may include accessory functions including food and beverage preparation and
service for on-premise consumption.
F
FARM/INDUSTRIAL MACHINERY SALES, RENTAL AND SERVICE means the use of land or buildings for the sale,
service and/or rental of agricultural implements and heavy machinery used in the operation, construction or
maintenance of buildings, roadways, pipelines, oil fields, mining, or forestry operations, and in freight hauling
operations. Cleaning, repairing and sale of parts and accessories may be allowed as part of the principal use.
FARM SUPPLY AND SERVICE means a commercial operation established for the sale, storage and distribution of
agricultural products, including grain and other crop products (including elevators), livestock feed and supplements,
fertilizers and chemicals. Such a facility may include an administrative office, ancillary structures, outdoor work
areas, parking, and outdoor storage areas.
FARMER'S MARKET means the use of land or buildings where fresh farm or garden produce is sold in retail or
wholesale setting and where goods are typically displayed in bulk bins or stalls for customer selection. This use
includes vendors of fruit, vegetables, meat products, baked goods, dry goods, spices and non-food products such as
handicrafts, provided that the sale of fresh food products remains the primary function.
FARMING means the use of a parcel of land and/or buildings for the raising of livestock or the production of crops.
This type of use does not include a confined feeding operation for which registration and approval is required from
the Natural Resources Conservation Board.
FEED MILLS/GRAIN TERMINALS means a facility for the collection, grading, processing, storage, and shipping and
receiving of grain crops.
FLEET AND TRANSPORTATION SERVICES 1 means development involving a fleet of vehicles for:
(a)
the delivery of food by mobile catering service; or
(b)
the transportation of people, mail, negotiable currency and documents; or
(c)
the delivery of packages and small articles by courier service.
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This use includes the rental and lease of vans and trucks to the public and other businesses, facilities for the routine
storage and servicing of vehicles owned and operated by the fleet service business as well as the incidental sale of
vehicles as an accessory use. Examples include bus and coach line transport services, taxicab or limousine stations
and dispatching offices, messenger and courier services, and truck and van rental offices.
FLEET AND TRANSPORTATION SERVICES 2 means development involving a fleet of vehicles for:
(a)
the transportation of freight; or
(b)
the transportation of livestock; or
(c)
the transportation of vehicles, machinery and equipment.
This use includes facilities for the routine storage and servicing of vehicles owned and operated by the business as
well as an administrative office, outdoor work area, outdoor and indoor storage areas and parking and loading areas.
FREIGHT TERMINAL means a commercial facility used for the storage and distribution of freight or cargo that is
intended to be shipped by air, rail or highway transportation. Such a facility may include an administrative office,
outdoor work area, outdoor and indoor storage areas and parking.
FUNERAL HOME means a commercial operation used for the arrangement of funerals, the preparation of the
deceased for burial or cremation, and the holding of funeral services.
G
GARAGE means an accessory building or part of the principal building, designed and used primarily for the storage
of motor vehicles. For use purposes these may be considered as an ACCESSORY BUILDING.
GARDEN SUITE/GRANNY SUITE/GARAGE SUITE - see SECOND DWELLING
GAS STATION means a commercial operation established to provide fuel and oil products for sale to the general
public. Such an operation will have no provision to accommodate vehicle repairs or maintenance. The operation
may include a building to accept payment for purchases and may also include limited retail sale of food products.
GOLF COURSE means an outdoor commercial recreational facility where the land is developed to accommodate the
game of golf. Such a facility will typically include a club house, pro shop, driving range, parking, food service or
restaurant, and ancillary structures associated with a golf course. The facility may be privately owned (requiring club
membership) or publicly owned and available by paying a fee.
GOVERNMENT SERVICES means development providing municipal, provincial, or federal government services
directly to the public or the community at large, and includes development required for the public protection or
persons or property.
GRAVEL AND SAND PITS - See NATURAL RESOURCE EXTRACTION AND PROCESSING
GREENHOUSE means an indoor commercial horticultural operation used in the year-round cultivation of plants and
may also include retail sales from the greenhouse site. CANNABIS PRODUCTION FACILITY is a separate use. For use
purposes these may be considered as an INTENSIVE HORTICULTURAL OPERATION.
GROUP HOME, LIMITED means development consisting of the use of a building as a facility which is recognized,
authorized, licensed or certified by a public authority as a social care facility intended to provide room and board for
six residents or less, excluding staff, for foster children or disabled persons. The use class does not include treatment
facilities such as detoxification centres.
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SCHEDULE 2 - USE DEFINITIONS | 9
GROUP HOME, MAJOR means development consisting of the use of a building as a facility which is recognized,
authorized, licensed or certified by a public authority as a social care facility intended to provide room and board for
seven residents or more, excluding staff, for foster children or disabled persons. The residential character of the
development shall be primary with the occupants living together as a single housekeeping group.
H
HANGAR means a building or structure designed and used for the shelter of an aircraft.
HOME OCCUPATION means the use of a dwelling and/or its accessory buildings or lands by the occupant for the
purpose of setting up a business, trade, or craft to provide goods or services to the general public. The home
occupation use must be secondary to the residential use of the parcel and the applicant must be a permanent
resident of the dwelling.
HOTEL means a development that primarily provides temporary sleeping accommodation for the transient public in
rooms or suites. Typically, this use contains an office with a public register and has one or more attendants on duty
at all times. Eating and drinking facilities shall be considered part of a hotel operation, but entertainment,
convention, sports, recreation, personal service, office and retail facilities associated with this use shall be
considered accessory uses. This use does not include a BED AND BREAKFAST.
I
INDUSTRIAL, HEAVY means a large-scale industrial manufacturing or processing activity. Without restricting the
generality of the foregoing, heavy industry would include plants for the manufacturing of petroleum products, pulp
and paper products, stone, clay and glass products, cement and lime products, fertilizers, animal by-products; plants
engaged in the primary metal industry, including metal processing; the processing of natural gas or its derivatives;
and incinerators, including those for municipal and industrial use. Heavy industrial uses may have some negative
effect on the safety, use, amenity and enjoyment of adjacent or nearby sites due to the appearance, noise, odour,
emission of contaminants, fire or explosive hazards, or dangerous goods.
INDUSTRIAL, ISOLATED means industrial or light industrial uses located on parcels of land not adjacent to other
existing industrial uses and that would not substantially change the agricultural characteristics of an area.
INDUSTRIAL, LIGHT means development for the purpose of manufacturing, fabricating, processing, assembly,
production or packaging of goods or products. Such a development may also include accessory uses in the form of
administrative offices, warehousing, outdoor storage and wholesale distribution buildings. It is imperative that this
use does not generate any detrimental impact, potential health or safety hazard, or any other factors which are
regarded as nuisances and which could cause adverse effects on adjacent lands.
INTENSIVE HORTICULTURAL OPERATION means any relatively small parcel of land where land and/or buildings are
used for the commercial production and sale of specialty crops grown by high yield and high-density techniques.
Examples include but are not limited to the following types of development: greenhouses, nurseries, hydroponic or
market gardens, mushroom or tree farms. CANNABIS PRODUCTION FACILITY is a separate use.
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K
KENNEL, BREEDING means an establishment in which dogs (being dogs more than 8 months old), exceeding 4 but
not exceeding 12, are housed for the primary purpose of breeding after which puppies are sold. This use may also
include facilities for the care, grooming and boarding of dogs.
KENNEL, BREEDING (EXISTING) means an establishment in which dogs (being dogs more than 8 months old),
exceeding 4 but not exceeding the number of dogs originally approved in a historically issued development permit
(prior to October 4, 2017), are housed for the primary purpose of breeding after which puppies are sold. This use
may also include facilities for the care, grooming and boarding of dogs.
L
LANDFILL - see WASTE MANAGEMENT SITE
LIQUOR STORE means a retail establishment licensed and regulated under provincial authority for the sale of any or
all of beer, wine or spirits for consumption off-premises.
LIVESTOCK means cattle, swine, poultry, sheep, goats, horses, game and similar animals as defined in the Agricultural
Operations and Practices Act.
LIVESTOCK TRUCK AND TRAILER WASH FACILITY means a commercial facility whose purpose is to allow cleaning of
the interior and exterior of livestock transportation trucks. All washing facilities that deal with manure are regulated
by the NRCB.
LUMBER YARD/BUILDING SUPPLY STORE means a commercial retail store where lumber, building materials,
hardware and household accessories and other related goods are stored, offered or kept for sale and may include
outdoor storage but does not include the manufacturing or fabrication of lumber or similar products.
M
MANUFACTURED DWELLING PARK/COMMUNITY means a comprehensively planned development for the
placement and occupancy of new or previously occupied manufactured dwellings as residences which is managed
by an operator and may include amenity areas and accessory facilities for the use and maintenance of the residents.
Manufactured dwelling park does not include transient uses such as campgrounds.
MANUFACTURED DWELLING SALES AND SERVICE means a commercial operation where the land and buildings are
used in the sale, rental and storage of new and used manufactured dwellings. Such an operation may include an
administrative office, outdoor work and storage areas, parking, supplementary maintenance services and the sale
of parts and accessories.
MANUFACTURING AND FABRICATION OPERATION means development used for manufacturing, fabricating,
processing, assembly, production or packaging of goods or products, as well as administrative offices, warehousing
and wholesale distribution uses which are accessory to the above provided that the use does not generate any
detrimental impact, potential health or safety hazard or any nuisance beyond the boundaries of the site upon which
it is situated. Such a facility may include an administrative office, ancillary structures, outdoor work areas, parking,
and outdoor storage areas.
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SCHEDULE 2 - USE DEFINITIONS | 11
MARINA means any facility for the mooring, berthing, storing, docking or securing of watercraft, but not including
community piers and other non-commercial boat docking and storage facilities. A marina may include boat sales,
boat fuel sales, boat construction, boat repair, marine equipment sales, or promotional events, boat and jet ski
rental, and other uses clearly incidental to watercraft activities.
MEDICAL TREATMENT SERVICES means development providing room, board and surgical or other medical
treatment for the sick, injured or infirm including out-patient services and accessory staff residences. Typical
facilities would include hospitals, sanitariums, nursing homes, convalescent homes, psychiatric hospitals, auxiliary
hospitals and detoxification centres.
METEOROLOGICAL TOWER means a structure used to facilitate the collection and analysis of wind, temperature,
precipitation, air pressure or other atmospheric data and may include an anemometer, wind direction vane,
temperature and pressure sensors and other measurement devices attached to it at various levels above the ground.
MINI-STORAGE FACILITY means the use of land with compartmentalized buildings or designated sites set up for the
storage of equipment, household or business materials, or vehicles, but excludes storage of hazardous goods or
materials. Accessory to this use is the exterior screened storage of recreational vehicles, boats, trailers and similar
items.
MIXED USE DEVELOPMENT means a tract of land or buildings with more than one type of use (such as a mix of office,
retail, residential, entertainment, cultural, recreation, etc.), all of which are physically and functionally integrated
and are mutually supporting and developed in a compact urban form.
MOTEL means a building or group of buildings on a site designed and operated to provide temporary
accommodation for transient motorists and contains separate sleeping units, each of which is provided with an
adjoining conveniently located parking stall. The building may also include accessory eating and drinking
establishments and personal service shops.
MOTOR SPORTS PARK means a development or facility to allow a form of motorized racing held on enclosed off-
road circuits or open courses consisting of trails, lanes, or racetracks, and also may consist of artificially made dirt
tracks consisting of steep jumps and obstacles. Accessory uses to a motocross/motor sports park may include a
pit/paddock, test track, mechanics area, concession or food sales, bleachers/viewing areas and public washroom
facilities.
MOVED-IN BUILDING means a previously used or existing, established and working building, which is removed from
a site, and then transported and re-established on another site. For the purposes of this Bylaw, a moved-in building
does not include a "manufactured dwelling", "modular dwelling' or "ready-to-move dwelling".
MUSEUM means a building or site used for the preservation, collection, display and /or demonstration of articles of
historical significance and may include archival record.
MUSHROOM FARM means the commercial growing of mushrooms or other fungi for the purpose of selling the final
product or any by-product thereof.
N
NATURAL RESOURCE EXTRACTION AND PROCESSING means the development of on-site removal, extraction and
primary procession of raw materials, found on or under the site or accessible from the site, for sale or transfer off
the site. Typical resources and raw materials would include peat, sand, silt and gravel, shale, clay, marl, limestone,
gypsum, other minerals precious or semi-precious, timber and coal. Typical facilities or uses would include gravel
12 | SCHEDULE 2 - USE DEFINITIONS
Land Use Bylaw No. 2020-028
pits (and associated crushing operations), asphaltic processing, sand pits, clay or marl pits, peat extraction, stripping
of topsoil, timber removal, sawmills and related timber/wood processing.
O
OFFICE means an enclosed building or set of buildings to house the administrative activities of an operation. This
does not generally include manufacturing or sales aspects of the operation however, an office may also include the
professional facilities service entities where the sale of services occurs.
OILFIELD CONTRACTOR SERVICES means a use of land or buildings for the service of equipment, parts, and supplies
used in the operation, construction or maintenance of oilfield businesses and operations. Associated activities may
include cleaning, repairing and sale of parts and accessories. Such a facility may include an administrative office,
ancillary structures, outdoor work areas, parking, and outdoor storage areas.
OILFIELD/PIPE EQUIPMENT AND STORAGE means a use of land or buildings for the use, storage, sale and rental of
equipment, parts, pipes and supplies used in the operation, construction or maintenance of oilfield businesses and
operations. Such a facility may include an administrative office, ancillary structures, outdoor work areas, parking,
and outdoor storage areas.
OUTDOOR STORAGE means the use of land with or without attendant buildings for the open, outdoor storage of
equipment, materials or vehicles, or processed or unprocessed resources or materials. For the purposes of this
Bylaw, this definition is limited to those uses that require minimal on-site improvements, service and public
amenities or facilities and does not include those goods or materials which are hazardous.
P
PARK MODEL RECREATIONAL UNIT means a unit built on a single chassis
mounted on wheels which may be removed periodically. 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 m2 (approx. 540 ft2)
in the set-up mode and has a width greater than 2.6 meters (8 ft. 6 in.) in
the transit mode. Park Model Recreational Units always 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 meters. It conforms to the CSA Z-241 Series (park models) standard. For the purposes of this
Bylaw, a park model recreational unit does not include a recreational vehicle or a manufactured dwelling.
PARK MODEL TRAILER means a unit designed to be towed by a vehicle,
built on a single chassis mounted on wheels, usually containing one or more
slide-outs, when in set-up mode the trailer does not exceed a maximum
width of 2.6 m (102 inches) and 37.2 m2 (400 ft2) in gross trailer area,
conforms to the CSA Z-240 RV Series standard and once on site is typically
connected to local utilities. For the purposes of this Bylaw, a park model
trailer does not include a recreational vehicle or a manufactured dwelling.
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SCHEDULE 2 - USE DEFINITIONS | 13
PARKING AREAS AND STRUCTURES means an area of land or building which is provided and maintained on the same
lot as the principal use for the purpose of storing motor vehicles. This use does not include campgrounds or RV
parks.
PARKS AND PLAYGROUNDS means land developed for public recreational activities that does not require major
buildings or facilities, and may include open grassed areas, picnic areas, playgrounds, pedestrian and bicycle paths,
landscaped areas and associated public washrooms. This definition may also be applied to public open space which
is not in private ownership and is open to use by the public.
PERSONAL SERVICE BUSINESS means development providing services for personal care and appearance, physical
and mental health services, services for cleaning, servicing, altering and maintenance of personal effects and
accessories. This use includes barbershops, beauty salons, clinics, counselling services, medical offices, tailors, diet
centers, shoe repair shops, dry cleaners, upholstery and rug cleaners, and Laundromats.
PRE-FABRICATED BUILDING MANUFACTURER means development used for the manufacturing, fabricating,
processing, assembly, production and/or packing of pre-fabricated buildings, as well as administrative offices and
warehousing and wholesale distribution uses which are accessory uses to the above, provided that the use does not
generate any detrimental impact, potential health or safety hazard or nuisance beyond the boundaries of the
developed portion of the site or lot upon which it is situated.
PUBLIC BUILDING OR USE means a building or facility that is owned and/or administered by any level of government
or a corporation which is an agent of the Crown under federal or provincial statute, or a registered charity or society,
for the purpose of furnishing services or commodities to the public.
PUBLIC DAY USE AREA means a public area of land provided for use during daylight hours that is owned and/or
administered by any level of government.
R
RECREATION FACILITY means a development, constructed for the purpose of housing or supporting sports or
recreational activities. The facility typically involves a fee for use or where admission is by membership to a club,
organization or association. Typical facilities would include athletics clubs, roller skating rinks, bowling alleys, paint
ball facilities, and racquet clubs. Facilities associated with the operation may include eating facilities, administrative
offices and retail operations, provided that any such operation is accessory and clearly incidental to the principal
recreational use.
RECREATIONAL VEHICLE means a transportable living unit, designed to be moved on its own wheels or by other
means (including units permanently mounted on trucks), designed or constructed to be used for sleeping or living
purposes on a short-term, temporary basis. Such living units are subject to highway safety standards rather than
housing standards. Typical units include, but are not limited to motor homes, a campers, holiday trailers, travel
trailers, fifth wheel trailers, and tent trailers. These units are not allowable as a permanent DWELLING (see
definition).
RECREATIONAL VEHICLE PARK means a lot or parcel of land intended for temporary occupancy by two or more
recreational vehicles for travel, recreation, seasonal, or vacation usage for periods of stay subject to an approved
conceptual scheme or area structure plan and its provisions. Uses where unoccupied recreational vehicles are
offered for sale or lease, or are stored, are not included. Associated structures in a recreational vehicle park may
include laundry facilities, restrooms, showers, sanitary dump facilities, water stations, playgrounds or storage areas
intended to serve the needs of the residents of the park. Also see CAMPGROUND.
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Land Use Bylaw No. 2020-028
RECREATIONAL VEHICLE STORAGE means the storage, outdoors or inside a permanent structure, of recreational
vehicles as defined in this Bylaw, and other recreational or off-road vehicles including, but not limited to, boats,
trikes, quads, personal watercraft, snowmobiles and trailers used to transport recreational vehicles.
RECYCLING FACILITY means a development used for the buying, collection, sorting, temporary storage of and
processing for the preparation of shipment discarded and recyclable articles where most of the storage is contained
within an enclosed building but may include limited outdoor storage. This definition does not apply to WASTE
MANAGEMENT SITES or AUTO RECYCLING AND SALVAGE YARD.
RELIGIOUS ASSEMBLY means development owned by a religious organization used for worship and related religious,
philanthropic or social activities and includes accessory rectories, manses, meeting rooms, classrooms, dormitories
and other buildings. Typical facilities would include churches, chapels, mosques, temples, synagogues, parish halls,
convents and monasteries.
RENEWABLE ENERGY, COMMERCIAL/INDUSTRIAL means energy that is renewable or sustainable that is generally
derived from natural sources (for example, the earth, sun, wind, water). Typically, this use will include commercial
systems for the production and sale of energy generated by the following but not limited to solar photovoltaic, solar
thermal, geo-exchange, wind, micro-hydro, carbon capture and storage, biofuel or fuel cell.
RENEWABLE ENERGY, INDIVIDUAL means energy that is renewable or sustainable that is generally derived from
natural sources (for example, the earth, sun, wind, water) and is for the sole consumption of the landowner, resident
or occupant on the subject site, or a site immediately adjacent to the subject site.
RESIDENTIAL USE IN CONJUNCTION WITH AN APPROVED COMMERCIAL OR INDUSTRIAL USE means a residential
unit that is part of a commercial or industrial building so that the dwelling unit is a supplementary use to that
principal use.
RESTAURANT means a commercial development where food and beverages are prepared and served. The
development may include supplementary alcoholic beverage service and catering services. This term will include
restaurants, cafes, diners, lunch and tea rooms, ice cream parlors, banquet facilities, take-out restaurants and such
other uses as the Development Authority considers similar in character and nature to any one of these uses.
RETAIL means a commercial premise where goods, merchandise, substances, articles, and other materials, are
offered for sale to the general public and includes limited on-site storage or limited seasonal outdoor sales to support
that store's operations. Typical uses include but are not limited to grocery, bakery, hardware, pharmaceutical,
appliance, clothing, and sporting goods stores. These uses exclude warehouse sales and the sale of gasoline, heavy
agricultural and industrial equipment, retail stores requiring outdoor storage, liquor or retail cannabis stores. Minor
government services, such as postal services, are permitted within general retail stores.
RIDING STABLE/ARENA means a private or public compound or facility designed with stalls for the housing, bedding
and/or confinement of animals (any animal) used for riding purposes. The facility may also include outdoor features
such as corrals, riding areas, training areas, associated storage structures and parking areas for users.
RODEO GROUNDS means an agricultural-recreation oriented facility where livestock, animal husbandry and
exhibitions of the speed, breeding and management are exhibited and showcased. Typically, the site will also include
the associated facilities such as an arena, chutes and corrals, stables, concession booths, grandstands and parking
to carry out such purpose. The facility may be managed by civic, private or non-profit organizations.
Land Use Bylaw No. 2020-028
SCHEDULE 2 - USE DEFINITIONS | 15
S
SAND AND GRAVEL OPERATIONS - see NATURAL RESOURCE EXTRACTION/PROCESSING
SANDBLASTING FACILITY means a development of buildings where the major source of activity involves the large
scale sandblasting of agricultural, industrial, automotive or oilfield equipment. Sandblasting facilities may also
include welding and painting facilities on-site.
SCHOOL means a place of instruction operated with or without public funds pursuant to the School Act.
SEA-CAN - see SHIPPING CONTAINER
SECONDARY SUITE means a subordinate dwelling unit located within or attached to a single detached dwelling.
SECURITY SUITE means a dwelling unit or portion of a building used to provide accommodation for security
personnel and in commercial, recreational, or industrial districts shall contain no more than one bedroom and be no
larger than 55.7 m2 (600 ft2).
SEED CLEANING PLANT means a building or facility used for the storage and preparation of seed used in
AGRICULTURAL OPERATIONS.
SENIOR CITIZEN HOUSING means development, including lodges, which is used as a residence for elderly individuals
not requiring constant or intensive medical care.
SHIPPING CONTAINER means any container that is or was used for transport of goods by means of rail, truck or by
sea. These are generally referred to as a Sea-Container, sea cargo container, sea can or cargo container. Such
containers are typically rectangular in shape and are generally made of metal. For the purposes of this Bylaw, when
such a container is used for any purpose other than transporting freight, it will be considered as a structure, must
conform to these regulations and may require a permit.
SHOOTING RANGE means an area, building or structure, typically operated by a non-profit organization, that is
designed or intended for the safe discharge, on a regular and structured basis, of firearms, archery, or other
projectiles, including but not limited to rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any similar
firearm, for the purpose of sport shooting, target practice or shooting competitions.
SHORT-TERM RENTAL 1 means the operation of commercial accommodation within all or a portion of a dwelling
unit, including a Secondary Suite(s) or a room(s) in or a portion of a dwelling unit, for a period not exceeding 30 days,
and the owner or property manager of the property is required to occupy the dwelling (within the same suite or an
attached suite), or an adjacent dwelling on the same parcel, as their primary residence and be present on the
premises during the majority of the operation of the Short-Term Rental. For the purposes of this Bylaw a Short-
Term Rental 1 includes a Bed and Breakfast.
SHORT-TERM RENTAL 2 means the operation of short-term commercial accommodation within all or a portion of a
dwelling unit, including a Secondary Suite(s), or a room(s) in or a portion of a dwelling unit, for a period not exceeding
30 days, and the owner of the property is not required to occupy the dwelling unit as their primary residence.
SIGN means any development, either temporary or permanent:
(a)
constructed and permanently affixed directly or indirectly to any building, structure, window or a parcel
of land; and/or
(b)
which is used to advertise, identify or display a commercial or non-commercial activity, product, place,
organization, institution, person, service, event or location, by any means, including words, letters,
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Land Use Bylaw No. 2020-028
figures, design, symbols, fixtures, colours, illumination or projected images and in such a manner as to be
visible from any public place, but does not include any real estate sign, window display, political poster,
flags, graffiti, athletic scoreboards or any traffic or directional and information signage erected by the
County, the provincial or federal governments and their agencies.
SOFT-SHELLED BUILDING means a structure, truss or tube-frame building system, which is covered with fabric,
generally of canvas, vinyl, plastic, or cotton material, which is typically used as an accessory building or for storage.
For use purposes these may be considered as an ACCESSORY BUILDING.
SOLAR COLLECTOR FARM means a grouping of multiple devices, panels or structures that are capable of collecting
and distributing solar energy at 1 megawatt or greater for the purpose of transforming the solar energy into thermal,
chemical, or electrical energy, and typically will tie-in and feed or sell power to the provincial electrical grid
transmission or distribution system for off-site consumption. This use includes any associated solar panels, solar
modules, supports or racks, inverters, electrical transformers or substations required for the transformation of the
solar energy. For use purposes these may be considered as a RENEWABLE ENERGY, COMMERCIAL/INDUSTRIAL.
STRIPPING AND SALE OF TOPSOIL involves the removal of topsoil and the sale or trade of such topsoil for commercial
purposes.
T
TELECOMMUNICATION TOWER means a structure, typically constructed of metal, used to convey
telecommunications signals and includes any related ancillary structures. It may also be a shortened tower or
antennae on top of a structure.
TRUCK STOP means a commercial operation where a business, service or industry involved in the maintenance,
servicing, temporary parking or storage, or report of commercial vehicles is conducted or rendered including the
dispensing of fuel products, the sale of accessories and/or equipment for trucks and similar commercial vehicles. A
truck stop may also include convenience stores, washrooms and restaurant facilities, and may include showers or
overnight accommodation facilities solely for the use of truck crews.
TRUCK TRANSPORTATION DISPATCH/DEPOT means a facility for the purpose of storing and/or dispatching trucks,
buses, fleet vehicles, and transport vehicles and may include towing operations. The use may also involve the
transfer of goods primarily involving the loading and unloading of freight-carrying trucks, including any warehousing
component.
U
UTILITIES refer to any one or more of the following, supporting a planned or approved land use, subdivision, or
development, and includes any accessory building that houses equipment or services used in connection with the
utility:
(a)
systems for the distribution of gas, whether artificial or natural;
(b)
waterworks systems (facilities for the storage, transmission, treatment, distribution or supply of water);
(c)
sewage systems (facilities for the collection, treatment, movement of disposal of sanitary sewage);
(d)
storm sewage drainage facilities;
(e)
telecommunications systems;
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SCHEDULE 2 - USE DEFINITIONS | 17
(f)
systems for the distribution of artificial light or electric power;
(g)
facilities used for the storage of telephone, cable, remote weather stations or internet infrastructure; and
(h)
any other things prescribed by the Lieutenant Governor in Council by regulation;
but does not include those systems or facilities referred to in subclause (a) through (g) that are exempted by the
Lieutenant Governor in Council by regulation.
Within the context of this definition, PUBLIC UTILITY means a utility that is owned or operated by some level of
government, and PRIVATE UTILITY means the utility is owned or operated by a non-government entity, private
company, publicly traded company or utility agency.
V
VETERINARY CLINIC - see ANIMAL CARE SERVICE
W
WAREHOUSING AND STORAGE, GENERAL means a building used for the storage of goods and merchandise. The
building may include administrative offices, loading areas, parking areas, storage rooms and the retail sale of goods
stored in the warehouse. No outside storage is permitted with this use.
WAREHOUSING AND STORAGE, INDUSTRIAL means development used for either indoor or outdoor storage,
warehousing, distribution or trans-shipment of raw materials, partially processed or finished goods, manufactured
products, or equipment. Typical facilities would include pipe yards, vehicle or heavy equipment service and storage,
lumber yards, storage/warehousing compounds or distribution centres. Generally, no additional processing would
occur on site.
WASTE MANAGEMENT SITE means a development for the commercial receiving of spent materials, provided that
no detrimental effects or nuisances are generated beyond the parcel upon which it is situated. This use includes a
dry waste site, a hazardous waste management facility and a waste sorting station. This use does not include a
RECYCLING FACILITY.
WELDING SHOP means a commercial operation engaged in the fabrication, assembly or structural repair of
machinery, equipment or vehicles by welding. Such a facility may include offices and a general area for the repair
and servicing of machinery, equipment or vehicles and storage of parts and equipment related to the operations of
the business.
WIND ENERGY CONVERSION SYSTEM (WECS) means a rotating machine which converts the kinetic energy in wind
into mechanical energy. If the mechanical energy is used directly by machinery, such as a pump or grinding stones,
the machine is usually called a windmill. If the mechanical energy is then converted to electricity, the machine is
called a wind generator, wind turbine, wind power unit (WPU) or wind energy conversion (WEC). For the purpose
of this Bylaw the following apply to this definition:
(a)
BLADE means an element of a WECS rotor which acts as a single airfoil, thereby extracting kinetic energy
directly from the wind.
(b)
BLADE CLEARANCE means in reference to a horizontal axis rotor, the distance from grade to the bottom
of the rotor's arc.
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Land Use Bylaw No. 2020-028
(c)
HORIZONTAL AXIS ROTOR means a wind energy conversion system, typical of conventional or traditional
windmills, where the rotor is mounted on a downward 5 percent angle to the earth's surface.
(d)
OVER SPEED CONTROL means a device which prevents excessive rotor speed.
(e)
NACELLE means the part of the WECS that includes a generator, gearbox or yaw motors and other
operating parts that is installed at the top of the tower, and to which the blade(s) are attached, and is
responsible for converting wind power to energy.
(f)
MULTI-WECS means two or more WECS on a parcel or as part of a project. For use purposes these may
be considered as a RENEWABLE ENERGY, COMMERCIAL/INDUSTRIAL.
(g)
ROTOR DIAMETER means the largest circumferential path traveled by a WECS' blade.
(h)
SINGLE-WECS means one WECS. For use purposes these may be considered as a RENEWABLE ENERGY,
INDIVIDUAL.
(i)
TOTAL HEIGHT means the height from grade to the highest vertical extension of a WECS. In the case of a
WECS with a horizontal axis rotor, total height includes the distance from grade to the top of the tower,
plus the distance from the top of the tower to the highest point of the rotor's arc.
(j)
TOWER means the structure which supports the rotor above grade.
(k)
VERTICAL AXIS ROTOR means a wind energy conversion system where the rotor is mounted on an axis
perpendicular to the earth's surface.
WORK CAMP, LONG TERM means one or more building(s) established for a time period longer than 30 consecutive
days, to accommodate persons who are employed in mining, lumbering, construction, drilling, resource exploration
and any similar industry, and includes land on which the building or buildings are situated, and the storage of
equipment and materials related to the same.
WORK CAMP, SHORT TERM means one or more building(s) established for a limited time period no longer than
30 consecutive days, to accommodate persons who are employed in mining, lumbering, construction, drilling,
resource exploration and any similar industry, and includes land on which the building or buildings are situated, and
the storage of equipment and materials related to the same.
Schedule 3
DEVELOPMENT NOT REQUIRING
A DEVELOPMENT PERMIT
Land Use Bylaw No. 2020-028
SCHEDULE 3 | 1
Schedule 3
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
SECTION 1
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
In accordance with Administrative Sections 29 and 30, the following rules apply to developments not requiring a
development permit.
1.1
This section does not negate the requirement of obtaining all required permits, as applicable,
under the Safety Codes Act and any other Provincial or Federal statute.
1.2
Notwithstanding that no development permit may be required by the municipality for the uses
outlined below, any development within 300 m (984 ft) of the limit of a provincial controlled
highway or within 800 m (2,625 ft) from the centre point of an intersection of a controlled highway
and a public road would require the benefit of a permit from Alberta Transportation. This includes
dugouts, shelter belts, animal shelters, etc.
1.3
The following developments shall not require a development permit:
(a)
any use or development exempted under section 618(1) of the MGA;
(b)
any use or development exempted by the Lieutenant Governor in Council pursuant to section
618(4) of the MGA;
(c)
any use or development exempted under the Planning Exemption Regulation;
(d)
telecommunication antenna systems that are regulated by Innovation, Science and Economic
Development Canada subject to Schedule 6, Telecommunication Siting Protocols;
(e)
the completion of a building which was lawfully under construction at the date this Bylaw
came into effect provided that the building is completed in accordance with the terms and
conditions of any development permit granted;
(f)
the completion of a building that did not require a development permit under the previous
Land Use Bylaw and which was lawfully under construction provided the building is
completed within 12 months from the date this Bylaw came into effect;
(g)
the installation, maintenance or repair of public works buildings, services, and utilities carried
out by or on behalf of federal, provincial, municipal, or public authorities on land which is
publicly owned or controlled;
(h)
highways, roads, pipelines or any other development exempted under the MGA, or any other
provincial act or regulation, which in the opinion of the Development Authority are
associated with the construction, repair or upgrade of said development.
1.4
The following developments shall not require a development permit, but must otherwise comply
with all other provisions (i.e. setbacks to roads and property lines) and any applicable standards
(Schedules 4 and 5) of this Bylaw. Where an exemption is tied to a certain threshold, a proposal
that exceeds the threshold must apply for and obtain a development permit.
(a)
any agricultural use, building or structure associated with extensive agriculture or grazing
(including corrals, stockpiles, haystacks, pole-barns, fencing, grain bins, sheds and barns - not
including confined feeding operations) not located:
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Land Use Bylaw No. 2020-028
(i)
within 38.1 m (125 ft) from the centre line of any public roadway;
(ii)
in a flood hazard area, or within 152.4 m (500 ft) of the boundary of an established flood
hazard area (where a flood hazard area has been established);
(iii) within 10.0 m (33 ft) of the centreline of a BRID irrigation pipeline or 3.0 m (10 ft) of a
registered right-of-way or easement for any irrigation pipeline or irrigation canal,
whichever is greater;
(iv) within 60.1 m (200 ft) from any BRID or Alberta Environment water reservoir measured
from the water's edge at full supply level (FSL) or 30.5 m (100 ft) from the registered
reservoir right-of-way, whichever is greater; or
(v)
within 30.5 m (100 ft) from the high-water mark of a naturally occurring water body.
Any use, building or structure proposed to be located within the above stipulated setback
distances will require a development permit application to be submitted for the
consideration of a setback waiver;
(b) a dugout;
(c) a category 1 sign (in accordance with Schedule 5);
(d) a category 3 sign (in accordance with Schedule 5);
(e)
a home occupation 1;
(f)
extensive agriculture or grazing of land;
(g)
the erection and maintenance of fences;
(h)
the erection or construction of temporary buildings (without dwelling or sleeping units),
works, plants, materials, or machinery that are needed, in the opinion of the Development
Authority, to erect or construct a development;
(i)
the installation, maintenance or repair of public works, services and utilities carried out by,
or on behalf of federal, provincial, municipal or public authorities on land which is publicly
owned or administered;
(j)
the extraction and processing exclusively by Vulcan County, its authorized agents or Alberta
Transportation, of sand, gravel, or other earth materials and including asphalt or concrete
mixtures for any County purpose within the County;
(k)
the carrying out of works of maintenance or repair to any building, if such works do not
include structural alterations or major works of renovation, the creation of a dwelling unit,
an increase of parking requirements, or resulting in a change of use;
(l)
garden sheds, tool sheds, shipping containers and similar accessory buildings provided that:
(i)
the accessory buildings do not exceed 10 m2 (107 ft2) in area,
(ii)
only one such building is located on a lot,
(iii) any matter pertaining to the development of such a building including its height,
exterior finish and location, complies with the provisions of this Bylaw and the schedules
thereto;
(m) soft shelled (i.e. tent garages) provided that:
(i)
the structure does not exceed 10 m2 (107 ft2) in area;
(ii)
only one such structure is located on a lot;
(iii) any matter pertaining to the development of such a building including its height,
exterior finish and location, complies with the provisions of this Bylaw and the schedules
thereto;
Land Use Bylaw No. 2020-028
SCHEDULE 3 | 3
(n)
public utility buildings;
(o)
landscaping that does not result in a change of grade that will negatively affect an adjacent
property;
(p)
the erection of towers, flag poles and other poles not exceeding 12.2 m (40 ft) in height;
(q)
roof or wall-mount solar collectors (Renewable Energy, Individual);
(r)
single wind turbines (Renewable Energy, Individual) which are roof mounted or on a tower
not exceeding a total height of 12.2 m (40 ft);
(s)
decks or patios connected to and used in association with a dwelling unit;
(t)
satellite dishes less than 1 m (3.3 ft) in diameter;
(u)
camping units, not in excess of any maximum that may have been established in a
development permit, used for intermittent seasonal residential/recreational use within an
approved campground;
(v)
temporary outdoor swimming pools and above ground hot tubs;
(w) the installation of asphalt, concrete, brick, stone, wood or aggregate driveways, sidewalks,
patios or steps;
(x)
the stripping of any topsoil to accommodate a building or other development provided that
an approved development permit exists in support of the activity and the topsoil is not
removed from the parcel concerned;
(y)
shipping containers which are used for purposes accessory to an agricultural use in the Rural
General "RG" land use district;
(z)
not more than two shipping containers which are used for purposes accessory to an
agricultural use in the Reservoir Vicinity "RV" and Urban Fringe "UF" land use districts;
(aa) not more than one shipping container which is used for purposes accessory to a dwelling unit
use in the Rural General "RG," Reservoir Vicinity "RV," Urban Fringe "UF," Single Lot Country
Residential "SCR," and Small Holdings "SH," land use districts;
(ab) not more than two shipping containers which are used for purposes accessory to a
commercial or industrial use in the Rural Industrial "RI," and Rural Commercial "RC," land use
districts;
(ac) utilities developed in accordance with an approved subdivision or development.
1.5
If there is any question whether or not a development requires a development permit, the matter
shall be referred to the Municipal Planning Commission, whose decision shall be final.
Schedule 4
LAND SUITABILITY AND SERVICING REQUIREMENTS
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SCHEDULE 4 | 1
Schedule 4
LAND SUITABILITY AND SERVICING REQUIREMENTS
SECTION 1
APPLICABILITY
General
1.1
The provisions of this Schedule apply to all districts unless otherwise stated.
SECTION 2
ACCESS
General
2.1
A parcel has access when it abuts either a public road or a private road approved in a condominium
plan developed to full County standards.
2.2
Vulcan County reserves the right to determine the most suitable access and egress point(s) onto a
developed or undeveloped road with regard to any new accesses in the municipality at the time of
application for development permit or subdivision.
2.3
As a condition of subdivision or development approval, the Development Authority may require
the construction of new approaches, upgrading of existing approaches and/or removal of
approaches to achieve the desired long-term planning and transportation objectives of the County.
2.4
If a parcel does not have access to a developed road to County Standards as outlined in the County
Design Guidelines, the Development Authority shall require the applicant to develop a road to
County Standards to provide access within the public road right-of-way.
2.5
The Development Authority may impose a condition requiring the applicant to enter into a
development agreement to construct or pay for the construction or upgrading of public roads
necessary to serve the development or subdivision.
2.6
No use, development or subdivision shall be allowed without provision for congruent legal and
physical access.
Parcels Without Access
2.7
When the only public roadway that the parcel abuts is an undeveloped road allowance or a road
not developed to County Standards, the parcel does not have access.
2.8
Notwithstanding the land use rules for the land use district in which a parcel of land is located, all
listed uses are discretionary when a parcel does not have access as described in 2.7.
Easements
2.9
The Development Authority may allow access by way of easement if deemed appropriate. In such
case, the agreement, which shall deal with any matters required by the Development Authority,
shall be registered on title and shall not be discharged without the authorization of the
Development Authority.
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Construction of Approaches
2.10
As a condition of development or subdivision approval, the Development Authority may require
the construction of new approaches, upgrading of existing approaches and/or the removal of
existing approaches to achieve desired access management objectives.
2.11
All approaches shall be constructed or upgraded to the satisfaction of the Public Works
Department in accordance with County Design Guidelines. Where required, adjustments to
approaches shall be at the cost of the applicant.
Access to and Development near Provincial Highways
2.12
All accesses onto provincial highways shall be approved by Alberta Transportation. All access to a
provincial highway is considered temporary. Alberta Transportation will review any development
adjacent to a provincial highway and determine whether an access, existing or proposed, is
acceptable.
2.13
All land redesignations and new developments that will cause intensified or increased use of any
access to provincial highways shall be approved by Alberta Transportation.
2.14
Provincial legislation may require that Alberta Transportation issue a Roadside Development
Permit when development takes place in proximity of the provincial highway system.
2.15
Any development within the right-of-way or within 300 m beyond the limit of the highway or
within 800 m from the centre point of the intersection of the highway and another highway would
require the benefit of a permit from Alberta Transportation.
2.16
A Traffic Impact Assessment (TIA) may be required to be prepared by Alberta Transportation at
the sole cost of the developer or landowner to ensure that the existing at-grade local intersection
with provincial highways would be adequate to accommodate the additional traffic that may be
generated by the proposed development.
SECTION 3
WATER BODIES AND RIVER VALLEYS
3.1
The Development Authority may place development related conditions, including setbacks, on an
application for development approval that may impact a water body, riparian area and/or
environmentally significant area in accordance with the management practices outlined in
Stepping Back from the Water (Government of Alberta, 2012) and/or the "Environmentally
Significant Areas in the Oldman River Region" (Cottonwood Consultants, 1988).
3.2
An application for subdivision or development shall be required to identify all wetlands within the
project area. Where required by the Development Authority, a professionally prepared wetland
assessment shall be submitted prior to a decision on an application. Activities that may impact a
wetland are expected to follow the Alberta Wetland Policy's mitigation hierarchy by seeking first
to avoid, then minimize, then reclaim impacts to wetlands.
3.3
Land areas identified as permanent wetlands or that have wetland status as identified by Alberta
Environment and Parks are considered generally unsuitable for the majority of developments and
may be denied a development permit at the discretion of the Development Authority.
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3.4
Before approving any application to locate or expand a land use in or adjacent to a river valley or
shoreland area, the Development Officer shall refer such an application to any local, regional,
provincial or federal government agency that, in its opinion, has an interest in land use
management.
3.5
No application to locate or expand a land use in or adjacent to a river valley or shoreland area shall
be approved unless, in the opinion of the Development Authority, the proposal will not:
(a)
be located in a flood prone area;
(b)
cause soil erosion or damage to a riverbank;
(c)
cause deterioration of water quality;
(d)
hinder the flow of water to the river;
(e)
compromise aesthetic quality or natural amenities;
(f)
be detrimental to area of ecologically sensitive habitat or of historic or scenic importance;
(g)
have a detrimental effect on adjoining or nearby agricultural operations if the proposed
development is for a non-agricultural use;
(h)
have a detrimental effect on existing or proposed recreation areas; or
(i)
have a detrimental effect on existing or proposed irrigation canals or water diversion
structures.
SECTION 4
LANDS SUBJECT TO FLOODING
Figure 4.1
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NOTE TO READER: Under section 693.1 of the MGA, the Lieutenant Governor in Council is empowered to enact
regulations that rearticulate the meaning of floodway, and that control or outright prohibit the use or development
of land located in a floodway within a municipality. Should such regulations be brought into force, Vulcan County will
be required to amend this Bylaw as necessary to ensure it complies with all provisions in the regulations. Currently,
existing technical studies offer guidance to the County: the Siksika Bow River Hazard Study (Golder Associates, 2019)
includes flood inundation maps intended to inform emergency response planning and infrastructure design. Phase 1
Little Bow River Modelling: Flood Mitigation Effects Assessment (Advisian, 2017) characterizes the change in flood
hazard and effects associated with residential lands and infrastructures in the context of the 2013 flood.
4.1
The Development Authority may refuse to approve an application for subdivision or development
if it is of the opinion that the parcel or development will be located within the flood hazard area,
or if it cannot be clearly demonstrated to the satisfaction of the Development Authority that the
parcel will not be subject to flooding.
4.2
New development within the flood hazard area, as shown in Figure 4.1, shall be strongly
discouraged; however, should the Development Authority consider it appropriate, a development
may be allowed subject to the following requirements:
(a)
development shall be restricted to non-residential buildings or structures that can be
adequately protected to minimize potential flood damage;
(b)
the first floor and mechanical and electrical installations within any structures or buildings
shall be a minimum of 0.6 m (2 ft) above the flood elevation level corresponding to the design
flood; and
(c) buildings shall have no "finished" floor space developed below the flood elevation level
corresponding to the design flood.
4.3
The applicant must provide information on the grade elevations of the proposed building site, the
building itself, as well as the building openings and mechanical or electrical equipment all
referenced in geodetic elevations.
4.4
Before a development permit is issued in a flood hazard area, the Development Authority may
require that the applicant provide a certificate containing the seal and signature of a professional
engineer or architect indicating that the requirements listed above have been met and that the
building or structure is adequately protected against flood damage to the flood elevation level
corresponding to the design flood.
4.5
The Development Authority may consult with Alberta Environment and Parks or other qualified
organizations or individuals to assist in determining high-water marks, flood hazard areas, banks
and the level of a lake, dam, river or other waterway taking into account design flood elevation
levels, wind set-up and wave run-up.
4.6
Where flood hazard area data is not available but the Development Authority believes that lands
may be subject to flooding, the Development Authority may require that development requiring a
development permit be set back such distance as the Development Authority considers reasonable
and appropriate to minimize the risk of flooding.
4.7
Where a proposed development is granted permission to locate within the flood fringe of a flood
hazard area of any water body, the Development Authority may request the developer to provide
any of the following requirements prior to the issuance of a development permit:
(a)
the registration of a Save Harmless Agreement against the title indemnifying the municipality
in case of a subsequent flood causing damage to the development;
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(b)
the design for an appropriate private sewage disposal system to the satisfaction of the
appropriate health authority and the Safety Codes Act;
(c)
a certificate from a qualified Alberta Land Surveyor stating the top of the footings of any
proposed development will be at or above the flood hazard area level and proof of such
elevation;
(d)
submit in writing confirmation that any proposed setback requirements as established by
Alberta Environment and Parks or other government department are met or exceeded.
4.8
If, in the opinion of the Development Authority, land upon which development is proposed is
subject to flooding, the Development Authority may require the applicant to submit a flood
mapping study prepared by a qualified professional engineer demonstrating that any potential
hazards can be mitigated.
SECTION 5
LANDS SUBJECT TO SUBSIDENCE OR EROSION
Figure 5.1
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Lands Subject to Subsidence
5.1
If, in the opinion of the Development Authority, land upon which development is proposed is
subject to subsidence, the Development Authority may require the applicant to submit a structural
building plan prepared and sealed by a qualified professional engineer, and/or a slope stability
analysis and/or a geotechnical report prepared by a qualified professional engineer demonstrating
that any potential hazards can be mitigated.
Lands Subject to Erosion
5.2
For any proposed subdivision or development on sites with slopes of 15 percent or greater, the
Development Authority may require that an applicant submit a professionally prepared
geotechnical report. This requirement may be waived for agricultural, grazing and resource
extraction uses where no buildings are proposed to be located on the land.
5.3
For the purposes of this section, "top of bank" is as determined by the Development Authority in
consultation with Alberta Environment and Parks or a professional engineer.
5.4
Notwithstanding the yard requirements prescribed in the land use districts, no permanent building
shall be permitted within the following setbacks:
Setbacks from Escarpment
Average Depth of Valley
Distance of Land Left Undisturbed
0 - 15 m (0 - 49.2 ft)
25 m (82 ft)
15 - 30 m (49.2 - 98.4 ft)
45 m (147.6 ft)
> 30 m (> 98.4 ft)
60 m (196.9 ft)
5.5
Sloped areas, including hummocks, buttes and other isolated land projections, slopes of greater
than 20 percent are considered unsuitable for development unless otherwise determined by the
Development Officer and all slopes greater than 15 percent may require special engineering and
other treatment. If these topographic features are levelled, resulting slopes shall not exceed
15 percent and the levelling, compacting and other engineering, as well as environmental
considerations, must be to the satisfaction of relevant authorities. Related to the foregoing,
satisfactory proposed contour and other plans may be required.
5.6
Unless otherwise determined by the Development Authority, setbacks from toes of slopes shall be
a minimum of 9.1 m (30 ft) from the toe of a slope.
SECTION 6
CONTAMINATED LANDS AND BROWNFIELD DEVELOPMENT
6.1
Any application for either subdivision or development that is proposed on lands or in an area
known or deemed to potentially contain contaminated lands, or is the site of former chemical,
pesticide, heavy industrial, railway associated, mining, oil and gas processing or storage, gas
station, automotive related uses or other similar type uses, may be subjected to special
information requirements and conditions, including but not limited to, professional engineering
and geotechnical studies, environmental assessments, water reports and soils analysis being
submitted to the municipality in addition to any other applicable requirements.
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6.2
Notwithstanding that a use of land may be permitted or discretionary in a land use district, the
Development Authority may:
(a)
request that a professionally prepared geotechnical analysis be submitted at the applicant's
expense;
(b) depending on the nature of the hazard, request that an Environmental Site Assessment (ESA)
as prepared by a qualified professional be submitted at the applicant's expense.
(c)
refuse to issue a development permit or approve a subdivision, if the Development Authority
is of the opinion that the site of the proposed development or use is not safe or poses a
potential health or liability risk, based on the information provided; or
(d)
if approving a development permit or subdivision, place conditions on the approval to
mitigate or address potential or identified hazards, health risks, contamination or site-specific
land concerns, including but not limited to:
(i)
providing professional remediation, reclamation or clean-up of the parcel or site at the
applicant or landowner's expense;
(ii)
limiting or restricting development on the parcel or applying special setbacks to address
the location of improvements on site;
(iii) providing professional engineering or geotechnical reports bearing the seal of a licensed
engineer to support or verify any aspects of the proposal or condition of the land;
(iv) having the landowner or applicant post bonds or other security as it relates to the
estimated costs of the reclamation or clean-up of the parcel;
(v)
signing a legal agreement to indemnify and save harmless the municipality from all
potential actions, suits, damages, or claims as it relates to the development of the land
and any development permit being issued or subdivision approval;
(vi) any other reasonable conditions to ensure the development or subdivision may be
approved as safe as reasonably possible and is suitable for the land.
SECTION 7
ENVIRONMENTALLY SIGNIFICANT AREAS (ESAs)
7.1
Prior to making a decision on a subdivision or development application, the Development
Authority may require an applicant to provide further studies by qualified professionals identifying
the important aspects of land known or suspected to be environmentally significant.
(a)
The Development Authority may consider the "Environmentally Significant Areas in the
Oldman River Region" (Cottonwood Consultants, 1988) or other provincial information
resources to determine the location of environmentally significant areas or features which
may be required to be addressed.
(b)
When an Environmental Site Assessment is required it shall be prepared consistent with the
Alberta Environmental Site Assessment Standard.
7.2
Notwithstanding that a use may be permitted or discretionary in the land use districts of the bylaw,
the Development Authority may, at its discretion, either stipulate development setbacks or restrict
development from identified environmentally significant or sensitive areas as a condition of
subdivision or development permit approval.
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SECTION 8
SOLID WASTES DISPOSAL
8.1
All refuse on any construction site shall be properly screened from view and contained in an
approved enclosure until such time as disposal occurs.
8.2
In all land use districts, refuse and garbage shall be stored in suitable containers. Refuse and
garbage holding areas, including containers, shall be effectively screened from public view.
SECTION 9
DRAINAGE, GRADING AND RETAINING WALLS
9.1
All development shall be required to establish and maintain parcel grading in such a manner that
all surface water will drain from the building and other site improvements.
9.2
The Development Authority may require the applicant of a development to provide at their
expense, a lot grading or finished elevation plan prepared by an Alberta Land Surveyor,
professional engineer or architect as part of the information requirements in considering an
application or as a condition of approval.
9.3
The Development Authority may establish parcel and building elevations if it is believed that
drainage from existing elevations will affect adjacent parcels.
9.4
The Development Authority may require as a condition of development approval:
(a)
engineered grading and drainage plans for the development;
(b)
a legal land survey demonstrating that post-construction engineered grades have been met;
(c)
grading and other measures, as appropriate, to control surface drainage, reduce or eliminate
grade difference between adjacent lots, and minimize erosion or slope instability.
9.5
The Development Authority may refuse to approve a development permit or a subdivision
application if it cannot be demonstrated that storm water drainage can be suitably managed.
9.6
All protrusions of escarpments that are removed or levelled must result in grades where the
protrusion formerly existed of not greater than 15 percent, not including the adjoining escarpment
wall.
9.7
A maximum slope of 33 percent shall result for escarpment lands where protrusions are removed
or levelled (i.e. for the escarpment wall formed by the cut of the former protrusion).
9.8
Any protrusion of escarpments with a minimum width of 90 m (295 ft) at its widest point shall not
be removed.
9.9
The Development Authority may require the construction of a retaining wall as a condition of a
development permit if, in its opinion, significant differences in grade exist or will exist between the
parcel being developed and adjacent parcels.
SECTION 10
STORM WATER MANAGEMENT
10.1
The Development Authority may require the applicant of a development or subdivision to provide
at their expense, a storm water management plan prepared by a professional engineer as part of
the information requirements in considering an application or as a condition of approval.
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10.2
All storm water management plans submitted to the municipality must be prepared to the
satisfaction of the Development Authority in accordance with Alberta Environment and Park's
Stormwater Management Guidelines for the Province of Alberta and County Design Guidelines.
10.3
When Alberta Environment and Parks approval is required for a storm water management plan,
the applicant is responsible for obtaining the necessary approval and filing a copy of the approval
or refusal with the municipality once the application decision has been issued by the provincial
department.
NOTE TO READER: Under the Environmental Enhancement and Protection Act, Alberta Environment and Parks
approval for storm water projects is typically required for piped storm drainage collection systems, stormwater
treatment facilities such as wetponds and dryponds, and piped stormwater outfalls (contact AEP for complete
requirements).
10.4
Stormwater management facilities, specifically proposed development adjacent to a provincial
highway, requires stormwater management approval from Alberta Transportation and any other
provincial or municipal regulatory departments or agencies.
SECTION 11
WATER SUPPLY
NOTE TO READER: In Alberta, water is owned by the Crown and its use is regulated by Alberta Environment and
Parks under the Water Act. Except where exempted for eligible agricultural or household use, a license is required
for the diversion of surface water or groundwater. In accordance with the Approved Water Management Plan for
the South Saskatchewan River Basin, new surficial diversions are not allowed.
Potable Water
11.1
The Development Authority shall refuse to approve an application for subdivision or development
if the proposed source of potable water, as defined in the Potable Water Regulation, is deemed to
be not acceptable or cannot be verified.
Water wells
11.2
In accordance with section 23(3) of the Water Act, an application for a multi-lot (more than five
parcels) subdivision proposing to use water wells must be accompanied by a water report prepared
by a professional engineer or professional geologist stating that the diversion of 1250 cubic metres
per year for each of the parcels being created as a result of the subdivision will not interfere with
any household users, licensees or traditional agriculture users who exist when the subdivision is
approved.
SECTION 12
SEWAGE DISPOSAL
General
12.1
Where a development requires a means of sewage disposal or treatment, the developer shall be
required to install a sewage disposal system in accordance with County Design Guidelines or other
system as approved by the municipality. The Development Authority may refuse to approve an
application for subdivision or development if the parcel on which it is proposed is not large enough
to support a sewage disposal system to the standard required.
On-Site Private Sewage Systems
12.2
The Development Authority shall require, as a condition on a development permit for a dwelling
or building that requires a private septic sewage system that the applicant be responsible for
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having the private septic sewage system installed to meet all provincial regulations or standards
including the Alberta Private Sewage Systems Standard of Practice.
12.3
The Development Authority may ask for a professional soil test/analysis at any time it is of the
opinion it is warranted to determine the soil characteristics and the suitability of the land for
private sewage septic systems in relation to the development or subdivision proposal. The soils
test/analysis must be carried out in accordance with the Alberta Private Sewage Systems Standard
of Practice.
12.4
All components of an on-site private sewage treatment systems, whether a septic tank and
treatment field, holding tank or lagoon/pond, must be located entirely within the legal property
boundaries of the dwelling or building the system is associated with.
12.5
The private sewage treatment system must be setback from the various attributes and property
lines of the site, as stipulated in the Alberta Private Sewage Systems Standard of Practice.
12.6
Sewage holding tanks are a method of private sewage disposal that may be considered for
approval by the Development Authority at its sole discretion if the volume of daily waste produced
is considered low and only if no other reasonable alternative is available.
Communal Treatment Systems
12.7
For grouped country residential or other multi-lot developments, communal treatment systems
may be considered as an acceptable method to treat sewage effluent. In determining the
suitability of allowing such systems, the Municipal Planning Commission may take any or all of the
following into consideration:
(a)
the type of system proposed, and the technology involved in the treatment;
(b)
the engineering specifications and documented operating record of such systems;
(c)
the projected life cycle of such a system;
(d)
the annual maintenance and operating costs;
(e)
the required monitoring and reporting of the system and what level of certification of the
operator is required;
(f)
the proposed access, fencing, and security of the infrastructure associated with the
treatment system;
(g)
the location of the system and its associated infrastructure or disposal area and the proximity
to adjacent or nearby land uses;
(h)
if a setback waiver request to Alberta Environment and Parks is needed in relation to any
nearby or proposed residences determined to be located within the provincially regulated
300 m (984 ft) setback requirement of the Subdivision and Development Regulations;
(i)
the proposed ownership or the parcel (i.e. PUL dedicated to Vulcan County);
(j)
comments or recommendations from Alberta Health Services, Alberta Environment and
Parks, and any other government or referral agency;
(k)
any other matter Vulcan County deems relevant to the proposal and consideration of
approval of the treatment system.
12.8
At its sole discretion and prerogative, the Municipal Planning Commission may accept or may
refuse to approve or accept any communal sewage treatment system.
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12.9
The costs related to the preparation of an engineering report and application to be submitted to
Alberta Environment and Parks, in support of a setback waiver request in relation to the
provincially regulated 300 m (984 ft) setback requirement to a communal sewage treatment
system, shall be borne entirely by the developer.
12.10
If approving a communal sewage treatment system, the Municipal Planning Commission may, at
the time of subdivision or development, require the developer to enter into a development
agreement with the municipality for the construction and installation of the system necessary to
serve the subdivision or development at the applicant's expense.
Municipal Treatment Systems
12.11
If a development is proposing to install, extend, or connect to a municipal sewage treatment
system, the Municipal Planning Commission may consider approval of such requests at its own
discretion. An applicant proposing this method will be requested to obtain written authorization
from the municipality consenting to such prior to a subdivision or development permit application
being deemed complete, unless a different method of consent has been specified in a statutory
plan or other agreement with the municipality.
Schedule 5
STANDARDS OF DEVELOPMENT
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Schedule 5
STANDARDS OF DEVELOPMENT
SECTION 1
ABANDONED WELLS
The Subdivision and Development Regulation requires municipalities to ensure that applicants include
abandoned well information from the Alberta Energy Regulator (AER) in applications for both subdivisions
and development permits. Vulcan County shall meet the legislative requirements of the Subdivision and
Development Regulation regarding subdivision and development by applying the following policies.
1.1
It the responsibility of the applicant of the proposed subdivision and/or development to take
measures to identify any abandoned wells within that property and to apply the required setback.
1.2
The Development Authority shall not deem a subdivision or development permit application
complete until the applicant has provided the required abandoned well information from the AER.
1.3
The applicant shall be required to provide the following information:
(a)
the AER information, including a map of the search area from the viewer and a statement
that there are no wells in the project area or a list and map identifying the location of
abandoned wells within the search area (including the surface coordinates, as provided by
the viewer or AER Information Services); and
(b)
if an abandoned well is present, a detailed site plan must be provided that accurately
illustrates the actual well location (i.e. latitude, longitude) on the subject parcel as identified
in the field and the setback established in the AER Directive 079 [a minimum 5.0 m (16.4 ft)
radius around the well] in relation to existing or proposed building sites.
1.4
If there is an abandoned well located in the area of the proposed surface development, the
applicant is advised to contact the well licensee of record for any additional information that may
be needed or to physically locate the well, and to discuss the proposed development and
abandoned well issue in more detail.
1.5
Notwithstanding a use may be a permitted use or discretionary use, surface structures on top of
an abandoned well are not permitted and a minimum 5.0 m (16.4 ft) setback radius around the
well shall be maintained.
SECTION 2
ABATTOIRS
2.1
The abattoir must not be located closer than 304.8 m (1,000 ft) to any adjacent residential dwelling
(not including residences on the subject parcel).
2.2
Applications for abattoirs shall be referred to Alberta Health Services and Alberta Agriculture and
Rural Development for comment prior to a decision being made by the Development Authority.
2.3
The applicant shall be responsible for compliance with the Alberta Health Standards and Guidelines
and the Alberta Building Code requirements.
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2.4
The facility and all processing must be able to comply with the Alberta Meat Inspection Act and
Regulations or the Canada Meat Inspection Act and Regulations and must be a licensed Federal
abattoir or a Provincial abattoir that is inspected by the Regulatory Services Division of the Meat
Inspection Branch of Alberta Agriculture and Rural Development.
SECTION 3
AIRPORT AND AERODROMES
In order to ensure that the flight paths of the airport facilities are protected, Transport Canada regulations
establish an Obstacle Limitation Surface (OLS) and an Outer Obstacle Identification Surface (OOIS).
Protection Area
3.1
The Airport Protection Area includes:
(a)
Obstacle Limitation Surface (OLS);
(b)
Outer Obstacle Identification Surface (OOIS);
3.2
The boundaries of the areas in Section 3.1 are those delineated in the maps in Schedule 1.
3.3
Any development proposed of a significant height or that may have an effect on airport operations,
within the areas identified as an Airport Protection Area, will be referred to the specific Airport
Commission or Authority, the Town of Vulcan, Transport Canada and NavCanada.
3.4
The Development Authority may regulate the height of proposed buildings as it sees fit, in
consultation with Transport Canada and NavCanada, and with regard for applicable rules such as
Transport Canada's TP312 - Aerodrome Standards and Recommended Practises and TP1247 -
Land Use in the Vicinity of Aerodromes.
3.5
Notwithstanding Section 4.4, no use or development exceeding 45 m (148 ft) in height will be
allowed within an OOIS.
3.6
The use or operation of a development of any land situated within the Airport Protection Area
shall not cause any objectionable or dangerous condition that would interfere with the safe and
efficient operation of the airport and the use and operation of a development situated within the
Airport Protection Area shall not cause excessive:
(a)
smoke, dust, steam or other emissions;
(b)
toxic and hazardous matter;
(c)
radiation, fire and explosive hazards;
(d)
use of electric or electronic equipment; and
(e)
accumulation of any material or waste, edible or attractive to birds.
3.7
Applications for development within the Airport Protection Area may be subject to Noise Exposure
Forecast (N.E.F.) standards established by the Development Authority.
SECTION 4
ANHYDROUS AMMONIA STORAGE FACILITIES
4.1
For a development application for a bulk anhydrous ammonia storage facility or a residential
dwelling in proximity to an existing bulk ammonia storage facility the Development Authority:
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(a)
shall consider the location of neighbouring residential uses and apply the "Guidelines for the
Location of Stationary Bulk Ammonia Facilities" prepared by Alberta Environment and Parks
before making a decision on a development application concerning a bulk ammonia storage
facility; and
(b)
in all instances, a development application for a residential dwelling shall not be approved if
it is located within 500 m (1,640 ft) of an established Anhydrous Ammonia bulk storage
facility.
SECTION 5
ARCHITECTURAL CONTROLS
5.1
Some areas within the County may have architectural control guidelines in place for the
construction of new buildings. Architectural control review of plans must be approved by the
Developer's Architectural Control Approval Officer prior to the Development Authority accepting
a development permit application.
5.2
The Municipal Planning Commission may:
(a)
require architectural control guidelines to be submitted for review and approval by the
County prior to subsequently being registered on title; and
(b)
stipulate specific development standards, land or building restrictions, or planning related
matters to be applied or included in the covenants.
5.3
The County shall not be held responsible for private covenants regarding the enforcement of any
applicable architectural controls.
SECTION 6
AUTOMOTIVE REPAIR AND PAINT SHOPS
6.1
Automotive repair and paint shops shall not be located within 76.2 m (250 ft) of the boundary of
any property in an acreage residential or grouped country residential land use district.
6.2
All operations associated with automotive repair and paint shop uses shall be contained within a
completely enclosed building except where outdoor storage is expressly allowed.
6.3
Where outdoor storage is allowed, such storage shall not be located in the front yard and shall be
screened from view from any road or lane. Wherever possible, outdoor storage should not back
onto or face an adjacent residential parcel. The Development Authority may place conditions on
a development permit approval to require screening.
6.4
The applicant shall be responsible for compliance with Alberta Environment and Parks regulations
and guidelines for containing, storing and disposing of paint or fluids.
6.5
For any business that is involved in selling, repairing, or salvaging automotive vehicles, the
applicant shall be responsible for compliance with the Alberta Motor Vehicles Industry Council
(AMVIC) licensing requirements.
SECTION 7
AUTO RECYCLING AND SALVAGE YARDS
7.1
The site of an Auto Recycling and Salvage Yard shall not be located within 1 km (0.6 mile) from any
adjacent residence.
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7.2
All vehicles and machinery must be stored within an approved enclosure or compound, and
maintenance of the site should be in accordance with the standards deemed necessary for the use
of the site in an acceptable fashion at the discretion of the Development Authority.
SECTION 8
SHORT-TERM RENTALS
8.1
No more than one (1) Short-Term Rental unit may be developed on the same property. A Short-
Term Rental is not allowed to be developed within a Camping Unit (eg. recreational vehicle, etc.)
as defined in this Bylaw.
8.2
The Development Authority may establish the maximum number of occupants for a Short-Term
Rental as a condition of approval.
8.3
The owner of a Short-Term Rental 2 shall provide the name and phone number of a local
representative who can respond readily to any complaints received with respect to the use.
8.4
The Short-Term Rental shall post its development permit and the approved number of rental units
and maximum occupancy in a conspicuous place within the unit.
8.5
Alterations to the principal building for the purpose of a Short-Term Rental may be permitted but
shall not change the principal character or external appearance of the principal building.
8.6
All Short-Term Rentals shall contain a washroom facility within the unit.
SECTION 9
BUILDING DESIGN, CHARACTER, APPEARANCE AND QUALITY OF DEVELOPMENT
9.1
The Development Authority may impose conditions to ensure:
(a)
that the design, character and appearance of a building is compatible with other buildings in
the vicinity unless it is setting a higher standard of design, character and appearance for the
land use district or a particular locality;
(b)
that the design, character and appearance of the building is consistent with the purpose of
the land use district in which the building is located;
(c)
that a development complies with any provision of a statutory plan applicable to the design,
character and appearance of the building in the district; and
(d)
that, where the development is to be located adjacent to or within view of a highway, the
Development Authority may require that the design of a building be to a higher standard than
that required elsewhere in the County. This may include, but is not limited to:
(i)
appearance of building,
(ii)
landscaping, and
(iii)
access/egress from property.
9.2
The Development Authority may attach reasonable planning related conditions to a development
approval which serve to improve the quality of any proposed development within any land use
district. Such special conditions may include, but are not limited to, landscaping, paving parking
areas, exterior building finishes, setback variations, the control of noise, smoke, smell and
industrial wastes.
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SECTION 10
BUILDINGS WITH LIVE/WORK UNITS
10.1
A building may be occupied by a combination of one or more of the uses listed for a district and
each use shall be considered a separate use and each use shall obtain a development permit.
10.2
A building may only contain uses where those uses are allowed within the particular district.
10.3
An applicant applying for a building with live/work unit(s) must submit a site plan and floor plans
for all buildings, identifying each use and indicating the location and area required for each use.
10.4
The Development Authority may require that each use has its own separate utility servicing lines
and infrastructure provided.
10.5
The minimum size of a dwelling unit shall be 46.4 m² (700 ft2).
10.6
The dwelling unit shall be part of and contiguous with the building that contains the non-residential
use.
10.7
The non-residential component of a live/work unit will be a minimum of 25 percent of the Gross
Floor Area.
10.8
Separate entrances shall be provided for the non-residential and residential uses. Each entrance
shall have direct or indirect (via a hallway) access to a public street.
SECTION 11
CAMPGROUNDS AND RECREATIONAL VEHICLE PARKS
11.1
For the purposes of this Bylaw, any development that contains or provides for two or more
camping units for commercial camping purposes is considered a campground and must apply for
and obtain a development permit.
11.2
An application for a development permit shall include:
(a)
a site plan illustrating in detail the proposed improvements to the site, including camping
areas, roadways, natural barriers, landscaping, perimeter fencing, storage areas, playgrounds
and utility areas;
(b)
an analysis of the biophysical characteristics of the subject lands, including how
environmentally sensitive areas and species shall be protected;
(c)
a utility servicing plan indicating how water and sewer will be provided and managed;
(d)
floor plans, elevations and sections of the buildings at a minimum scale of 1:200 or such other
scale as required by the Development Officer for any proposed buildings;
(e)
a business plan including hours and season of operation, number of employees, site security,
camping rules, refuse management and any other relevant matters;
(f)
a fire and emergency management plan.
11.3
The following design standards shall be adhered to during the development and operation of a
campground or recreational vehicle park:
(a)
minimum site area of 1.2 ha (3 acres) unless otherwise allowed by the Development
Authority;
(b)
the campground layout shall promote the conservation and management of habitat,
wetlands and coulees/steep slopes;
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(c)
a minimum 7.6 m (25 ft) natural or landscaped defensible space buffer shall be provided from
property line and maintained free of camping stalls or units;
(d)
a minimum of 10 percent of the total site shall be set aside in a location suitable to the
Development Authority as a common open space recreation area;
(e)
each camp site stall must be accessed by an internal road;
(f)
internal roads shall be hard surfaced or surfaced to the satisfaction of the Development
Authority and shall be:
(i)
3.0 m (10 ft) in width for one-way traffic, and
(ii)
6.0 m (20 ft) in width for two-way traffic;
(g)
fires will be permitted only in designated fire pits or other such facilities;
(h)
potable water and sewage disposal facilities must be provided to the satisfaction of the
Development Authority and to provincial standards;
(i)
all campsite boundaries shall be defined on the ground by permanent flush stakes, or
markers, with a stall number or other identification system;
(j)
minimum camping stall shall be:
(i)
6.0 m (20 ft) in width,
(ii)
18.0 m (60 ft) in depth,
(iii) 108 m2 (1,200 ft2) in area;
(k)
minimum distance between campsites shall be 3.0 m (10 ft), typically with landscaping or
other buffering features;
(l)
fences shall be uniform in design and maintained in a safe and attractive condition;
(m) one parking stall per campsite;
(n)
visitor parking shall be provided in a common area to the satisfaction of the Development
Authority at a ratio of one stall per 10 campsites;
(o)
a landscaping plan that retains and supplements natural vegetation shall be provided to the
satisfaction of the Development Authority.
11.4
Applications which propose to establish or enlarge a campground or recreational vehicle park shall
be evaluated with respect to Alberta Economic Development and Tourism's Minimum Standards
for Approved Campgrounds and Trailer Parks.
11.5
Campgrounds and recreational vehicle parks may allow for seasonal stays between May 1 and
October 31, or a different period at the discretion of the Development Authority.
11.6
Construction of roads and/or approaches leading to a proposed or enlarged campground or
recreational vehicle park may be required as a condition of development approval. An existing
road or approach may be required to be upgraded to sustain the volume and type of traffic to be
generated by the proposed campground.
11.7
One on-site security/operator suite may be allowed.
11.8
Noise control measures may be required and may include the use of berms, natural barriers and
screens and locating noise-insensitive aspects of the campground or recreational vehicle park close
to the noise source.
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SCHEDULE 5 | 7
11.9
All facilities shall meet the standards of the Recreation Area Regulation and all other public health
regulations and be kept in a manner satisfactory to Alberta Health Services.
SECTION 12
CANNABIS PRODUCTION FACILITIES
12.1
The owner or applicant must provide as a condition of development permit a copy of the current
licence for all activities associated with cannabis production as issued by Health Canada.
12.2
The owner or applicant must obtain any other approval, permit, authorization, consent or licence
that may be required to ensure compliance with applicable federal, provincial or other municipal
legislation.
12.3
The development must be undertaken in a manner where all of the processes and functions are
fully enclosed within a stand-alone building including all loading stalls and docks, and garbage
containers and waste material.
12.4
The development shall not operate in conjunction with another approved use.
12.5
The development shall not include an outdoor area for storage of goods, materials or supplies.
12.6
The development may be required to include equipment designed and intended to remove odours
and particulates from the air where it is discharged from the building as part of a ventilation
system.
12.7
The Development Authority may require, as a condition of a development permit, a public utility
waste management plan, completed by a qualified professional that includes detail on:
(a)
the incineration of waste products and airborne emissions, including smell;
(b)
the quantity and characteristics of liquid and waste material discharged by the facility; and
(c)
the method and location of collection and disposal of liquid and waste material.
SECTION 13
CANNABIS RETAIL STORE
13.1
An application for a development permit shall include:
(a)
floor plans, elevations and sections of the buildings at a minimum scale of 1:200 or such other
scale as required by the Development Officer, and exterior building signage;
(b)
verification of the Alberta Gaming and Liquor Commission (AGLC) eligibility to obtain a
licence;
(c)
a detailed business plan including hours of operation, number of employees and any other
relevant matters;
(d)
a detailed listing and site plan of surrounding business and uses, both on adjacent
(contiguous) parcels and those identified as sensitive sites (as outlined in Section 14.3 below)
within 200 m (656 ft) (drawn on a high quality and clearly legible site plan with text
descriptions).
13.2
A Retail Cannabis Store must be a separate use from any other business activities (i.e. non-
Cannabis store) unless it is an activity or use expressly authorized by the AGLC.
13.3
A Retail Cannabis Store may not be approved for a development permit if the premises is located
within a 100 m distance of:
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(a)
the boundary of a parcel of land on which a provincial health care facility is located; or
(b)
the boundary of a parcel of land containing a school (public or private) facility; or
(c)
the boundary of a parcel of land that is designated as a school reserve or municipal and school
reserve under the Municipal Government Act.
13.4
If at any time an approved cannabis retail store has its AGLC license revoked or the license expires,
the development permit issued for the cannabis retail store shall be null and void.
SECTION 14
CAR AND LIVESTOCK TRUCK AND TRAILER WASH FACILITIES
14.1
As part of the complete development permit application requirements for a car or truck wash use,
the Development Authority require the applicant to provide verification that there is a secure
water source sufficient to service the development.
14.2
A development permit approval for a car or truck wash may be denied, if in the opinion of the
Development Authority, there is not a sufficient water source to service the development.
14.3
The building shall be located a minimum of 30.5 m (100 ft) from the boundary of any residential
land use district.
14.4
The wash bay and all building surfaces shall be constructed of a material that is durable.
14.5
Lagoons or private sewage septic treatment systems may not be used for handling the grey water
resulting from the washing of vehicles if the proposed system is determined to be not suitable by
the Development Authority. As a condition of a development permit approval, the Development
Authority:
(a)
may require the proposed grey water system to be engineered by a qualified professional
with a technical report submitted to the satisfaction of the municipality and deemed
acceptable; or,
(b)
may require the proposed development to be connect to municipal sewage services, if
available, at the applicant's expense.
14.6
All facilities shall meet Alberta Environment and Parks standards under the Environmental
Enhancement and Protection Act and the Waste Control Regulation, and/or other applicable rules.
SECTION 15
CHILD CARE FACILITIES
15.1
An application for a development permit shall include:
(a)
a site plan of the interior and exterior child care facility areas;
(b)
the number of children;
(c)
the number of staff employed; and
(d)
the submission of a plan that describes how communication with neighbours will be carried
out and how neighbourhood compatibility problems are to be resolved.
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SCHEDULE 5 | 9
15.2
In considering the suitability of a building or site for a discretionary child care facility, the
Development Authority may consider the appropriateness of the location for child care with regard
for the proximity to required services, parks, neighbourhood characteristics, traffic issues or
congestion in the neighbourhood, and if the size is adequate to meet program requirements,
including outdoor space, parking, and the drop-off zone.
15.3
A child care facility shall only be approved where, in the opinion of the Development Authority,
the use would not generate appreciable traffic problems within the area.
15.4
The use requires a minimum of one on-site pick-up and drop-off space for every
10 children/clients. The location of passenger loading zones for child care facilities may be
specified by a condition of a development permit.
15.5
Child care facilities should include a secure, outdoor, active play area space available for children
on the site, which may be a condition of development permit approval.
15.6
All applications for child care facilities shall, as a condition of approval, obtain the necessary
approvals and must be licensed and operate in accordance with the provincial Child Care Licensing
Act.
15.7
No exterior alterations shall be undertaken to a dwelling or former dwelling which would be
inconsistent with the residential character of the building.
15.8
Signage for child care facilities must comply with the following:
(a)
a maximum of one sign;
(b)
the sign must be no greater than 0.74 m2 (8 ft²) in size; and
(c)
in a residential land use district, the sign must be located in the building's window.
SECTION 16
DUGOUTS
16.1
No part of any dugout, regardless of size, shall be located within 76.2 m (250 ft) of the centre line
of a highway or public road.
16.2
No part of any dugout, regardless of size, shall be located within 7.6 m (25 ft) of a property line in
any land use district.
16.3
Dugouts may be allowed closer to the centre line of a highway or public road if a barricade - as
outlined in Appendix G - is installed along 100 percent of the length of that part of the dugout
fronting the highway or public road and 25 percent of the length of the sides of the dugout.
16.4
The minimum standard of a barricade that may be required around a dugout shall be a post and
cable barricade as per Alberta Transportation standards and illustrated on Figures 1, 2, 3 and 4 in
Appendix G.
16.5
A dugout or pond is exempt from a development permit if the applicable setbacks to all roadways
and property lines are met in accordance with the bylaw.
SECTION 17
EXPOSED FOUNDATIONS AND EXTERIOR BUILDING FINISHES
17.1
The maximum allowable height above the average finished surface level of the surrounding ground
of the exposed portion of a foundation may be limited by the Development Authority.
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17.2
The Development Authority may require specific finishing materials and/or colours to be used to
ensure the compatibility of a proposed:
(a)
development with surrounding or adjacent developments;
(b)
addition or ancillary structure with existing structures on the same parcel.
SECTION 18
GROUP HOME
18.1
The applicant is required as part of the development permit application, to provide information
on the following:
(a)
a site plan of the interior and exterior group home areas;
(b)
the type of client served;
(c)
the number of clients accommodated;
(d)
the number of staff employed; and
(e)
the submission of a plan that describes how communication with neighbours will be carried
out and how neighbourhood compatibility problems are to be resolved.
18.2
A group home, limited or group home, major, may be approved subject to the following conditions
and requirements:
(a)
the total occupancy by clients and staff shall be specified in the conditions of a development
permit;
(b)
the Development Authority may establish the maximum number of residents allowed in a
group home facility on a case-specific basis with attention given to the land use definition,
the land use district in which the use is located and the type of facility seeking approval;
(c)
no exterior alterations shall be undertaken to a dwelling or former dwelling which would be
inconsistent with the residential character of the building;
(d)
the use of accessory buildings, structures or uses not associated with the principal residential
dwelling are not permitted on the property;
(e)
site lighting must be designed not to "flood or spill" into adjacent property;
(f)
the site must allow for secure storage and pick up of garbage and recycling material located
away from public areas;
(g)
the use shall not generate traffic problems within the district;
(h)
on-site parking is required with the provision of two spaces per each dwelling unit plus one
space per employee;
(i)
signage for group homes must comply with the following:
(i)
a maximum of one sign,
(ii)
sign must be no greater than 0.74 m2 (8 ft2) in size, and
(iii) sign must be located in the window;
(j)
all applications for group homes shall, as a condition of approval, obtain the necessary
approvals required from regulatory agencies and the group home shall comply with provincial
standards.
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SCHEDULE 5 | 11
SECTION 19
HERITAGE CONSERVATION/HISTORICAL SITES AND VARIANCE PROVISIONS
19.1
The Development Authority may relax or vary a standard of the bylaw pertaining to site coverage,
setbacks, height restrictions, access, parking and loading requirements, lot dimensions and sizes,
if it is to accommodate the preservation or redevelopment of a building or development that has
been officially designated as a historic building or site or meets the criteria in 20.2 below.
19.2
Sites or buildings considered as eligible to receive special consideration under the Land Use Bylaw
include; archaeological sites, cultural landscapes, ethnic and local heritage sites, pioneer and
agricultural sites, schools, churches and community halls, historic commercial buildings or
structures, transportation heritage and cemeteries, and which may have been identified in the
Majorville Guidelines for Land & Resource Management, Vulcan County Heritage Survey &
Inventory or other document.
19.3
The Development Authority may waive certain requirements of the standards of the Land Use
Bylaw subject to the following conditions:
(a)
the proposed work on the site would be compatible with and sympathetic to the character
and context of the heritage site according to the Standards and Guidelines for the
Conservation of Historic Places in Canada document and/or the Vulcan County Heritage
Management Plan;
(b)
the heritage character-defining elements of the site are maintained;
(c)
the existing buildings or use would be compromised if strict adherence to the Land Use Bylaw
standards were enforced;
(d)
legal protection, in the form of a heritage designation or a covenant, may be a pre-requisite
for any municipal heritage incentive.
19.4
Where Council has, after giving the owner 60 days' notice, designated by bylaw a historic resource
within the municipality whose preservation it considers to be in the public interest, together with
any land in or on which it is located that may be specified in the bylaw as a "Municipal Historic
Resource," no person shall alter or destroy or repair the resource without the approval of Council
or a person appointed by Council.
SECTION 20
HOME OCCUPATIONS
20.1
An application for a development permit shall include:
(a)
proof of ownership and residency;
(b)
description of business;
(c)
materials, equipment and/or vehicles that will be used for the Home Occupation;
(d)
number of resident and non-resident employees;
(e)
number of business visits per day;
(f)
number of parking spaces on the property; and
(g)
type of signage for the Home Occupation.
20.2
An approved home occupation shall be valid only for the period of time the property is occupied
by the applicant or owner for the approved use and the permit approval is non-transferable to
another location or owner.
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20.3
No permit shall be issued if, in the opinion of the Development Authority, the home occupation
would undermine the liveability standards of the residential use of the property or any adjacent
properties.
20.4
No permit shall be issued if the parcel does not have a habitable residence, power, on-site potable
water supply, a sewage disposal system, and legal and physical access to a municipal road.
20.5
No advertising shall be permitted on the property except for one indirectly illuminated sign of
3.0 m2 (32 ft2) placed flat against the building or fence. Larger signage may be permitted if, in the
opinion of the Development Authority, the signage does not interfere with the residential or
agricultural character of the area.
20.6
Home occupations may be approved subject to the following criteria and conditions:
(a)
Goods may be stored subject to the approval, and any screening requirements imposed by,
the Development Authority, provided the storage of such shall not create an appreciable
change in the appearance of the residence or its accessory buildings.
(b)
A home occupation use is considered the secondary use of a residence or ancillary building
to a residence. Any use which the Development Authority deems to exceed the scale or
intensity appropriate for a home occupation shall be directed to locate within an appropriate
non-residential land use district. Home occupations that have grown to exceed the
reasonable threshold determined by the Development Authority shall be required to relocate
to an appropriate non-residential land use district.
(c)
Consideration shall be given to the potential for a home occupation to impact adjacent uses
due to noise, vibration, smoke dust or odours. No offensive noise, vibration, smoke, dust,
odours, heat, or glare should be produced by the use.
(d)
The Development Authority may place planning related conditions on a home occupation
development permit that limit the number of employees, average number of daily business
related trips, commercial vehicles and/or trailers, business hours, outside storage or any
other measurable impact in order to ensure the home occupation is compatible with adjacent
land uses and the prevailing character of the area.
20.7
Based on the information provided in the application, the Development Officer shall determine
what level of Home Occupation Permit will be required for operation using the chart below.
However, the Development Authority may choose to classify a proposed home occupation at a
different class level notwithstanding whether it falls within or exceeds a threshold established
below. The Development Authority and may stipulate a lesser threshold.
Home Occupation 1
Example: home office
Home Occupation 2
Example: service oriented
Home Occupation 3
Example: contractor
Non-Resident
Employees
None
Up to 2
Up to 5
Commercial
Vehicles and Trailers
Up to 2
Up to 2
Up to 5
Outside Storage
None
At Development
Authority's discretion
At Development
Authority's discretion
Parking Stalls
None
One per employee plus
one for customers
One per employee plus
one for customers
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SECTION 21
KENNELS
21.1
An application for a development permit must be made to the Development Officer by submitting:
(a)
a site plan indicating the legal description, all property lines and easements, and the location
of existing and proposed development in relation to lot boundaries;
(b)
building elevations and sections at a minimum scale of 1:200 or such other scale as required
by the Development Officer;
(c)
floor plans illustrating the number, size and location of animal pens inside and outside the
building at a minimum scale of 1:200 or such other scale as required by the Development
Officer;
(d)
for breeding kennels, a business plan with information on the number of dogs, type of facility
proposed, how waste (feces) will be managed, the type (breed), ratio of females to males and
anticipated puppy litters; and
(e)
for breeding kennels and non-breeding animal care services, a detailed description of how
the facility will meet the Canadian Veterinary Medical Association Code of Practice for
Canadian Kennel Operations - Edition May 2007, and any subsequent editions or
amendments thereto.
21.2
No buildings or exterior exercise area(s) to be used to accommodate dogs shall be allowed within
304.8 m (1,000 ft) of any dwelling located on adjacent parcels and a diagram indicating the
distances shall be submitted with the development permit application. A reciprocal setback from
existing breeding kennels and animal care service facilities used for overnight boarding shall be
applied to all new dwellings.
21.3
All dog facilities, including buildings and exterior exercise areas, shall be located to the rear of the
principal building and shall be constructed to the following standards:
(a)
interior walls and ceilings shall be constructed of washable building material;
(b)
exterior walls should be fire-resistant and impervious to moisture;
(c)
doors, window frames and window sashes should be impervious to moisture and rodent
resistant;
(d)
insulation shall be required, taking into consideration the breed, age and overall health of the
dogs; and
(e)
all facilities must have adequate ventilation and light.
21.4
The Development Authority may, when issuing a development permit, determine the maximum
number of adult dogs that may be kept at any one time by the operator of an animal care service
or a breeding kennel, provided the number of dogs does not exceed the number established in the
use definition of a breeding kennel (which shall not be waived).
21.5
All pens, rooms, exercise runs, and holding stalls shall be soundproofed if deemed necessary by
the Development Authority which shall base its decision on the number of animals to be kept at
the animal care service or breeding kennel, the proximity of the use to other uses and/or other
kennels, and possibility that the noise from the use may adversely affect the amenities of the area.
21.6
In addition to soundproofing requirements, the times at which the animals are allowed outdoors
may be regulated. In particular, all dogs at an animal care service or breeding kennel, including
pups, may be required to be kept indoors between the hours of 11:00 p.m. and 7:00 a.m.
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21.7
All breeding kennel facilities shall be screened by both a visual and sound barrier, by fences and/or
landscaping, from existing dwellings on adjacent parcels to the satisfaction of the Development
Authority.
21.8
Breeding kennels and animal care facilities shall be operated in accordance with health regulations
and, in particular, excrement and similar waste shall be disposed of in a manner acceptable to
Alberta Health Services.
21.9
Permits issued for an animal care service or breeding kennel development may be limited to a
maximum period of three years and shall be subject to immediate revocation if the use is not
developed or operated in accordance with the conditions of approval.
21.10
Application for a development permit for a new or existing animal care service or breeding kennel
operation shall take into consideration the following (where applicable):
(a)
mandatory inspection report by a Doctor of Veterinary Medicine submitted with application;
(b)
any previous complaints or comments from adjacent landowners;
(c)
complaints filed to the Alberta Society for the Prevention of Cruelty to Animals (SPCA);
(d)
compliance with the Canadian Veterinary Medical Association Code of Practice for Canadian
Kennel Operations -- Edition May 2007.
21.11
As a condition of approval, the Development Authority shall require that the applicant submit an
inspection report, prepared by a Doctor of Veterinary Medicine, to Vulcan County on the
anniversary date of the permit. In addition, at the discretion of the Development Authority, the
applicant may be required to submit yearly inspection reports as a condition of approval.
NOTE TO READER: The keeping of dogs and other animals shall be done so in accordance with the Vulcan County
Animal Control Bylaw.
SECTION 22
LANDS AFFECTED BY THE MAJORVILLE GUIDELINES FOR LAND AND RESOURCE MANAGEMENT
22.1
Subdivision and development proposals for the limited private lands within the boundaries of the
Majorville Guidelines for Land and Resource Management will be required to demonstrate
consistency with the objective of maintaining the integrity of the Majorville Heritage Landscape
and Historical Resource Management Area.
SECTION 23
LANDS AFFECTED BY THE WYNDHAM-CARSELAND AREA STRUCTURE PLAN
23.1
Subdivision and development proposals within the boundaries of the Wyndham-Carseland Area
Structure Plan will be required to submit technical data to demonstrate that the proposed parcels
or permanent structures are suitable for their proposed use in accordance with the provisions of
the area structure plan, the relevant provisions of this Bylaw (specifically Schedule 4, Sections 3 to
5) and current best practises.
SECTION 24
LANDS AFFECTED BY THE RESERVOIR AREA STRUCTURE PLAN
24.1
Subdivision and development proposals within the boundaries of the Reservoir Area Structure Plan
will be required to submit a conceptual scheme where required in accordance with the provisions
of the document.
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SCHEDULE 5 | 15
SECTION 25
LANDSCAPING STANDARDS AND GUIDELINES
25.1
The Development Authority may impose landscaping or screening requirements on development
applications for any permitted or discretionary use. The intent of landscaping and screening is as
follows:
(a)
to provide screening of outdoor storage of goods, machinery, vehicles, buildings, or waste
materials, in order to mitigate the visual impact of the development and/or to provide visual
relief/interest; and
(b)
to provide a reasonable standard of appearance for developments while contributing to a
positive overall image for the County.
25.2
Where any parcel or part of a parcel adjacent to a provincial highway is used for outdoor storage
of goods, machinery, vehicles, buildings, or waste materials, the Development Authority shall
require screening through the use of fences, hedges, trees, berming, or other landscaping features
in order to mitigate the visual impact of the development and/or to provide visual relief/interest.
25.3
The Development Authority may require that a high-quality landscape plan be submitted for
approval:
(a)
as part of a development permit application prior to it being deemed complete; or
(b)
as a condition of a development permit approval.
25.4
When a landscaping plan is required by the Development Authority, it shall include the following
information:
(a)
boundaries and dimensions of the subject site;
(b)
location of all buildings, parking areas, driveways, pathways, and all other physical features;
(c)
the existing topography;
(d)
location and type of all existing plant materials to be retained;
(e)
location and type of all new plant materials;
(f)
plant material list identifying the name, quantity and size of plant materials;
(g)
the layout and type of soft and hard landscaped areas;
(h)
details of the method of irrigation; and
(i)
maintenance procedure to ensure vegetation survival.
25.5
Landscaping may consist of any or all of the following:
(a)
trees, shrubs, lawn, flowers;
(b)
large feature rocks, bark chips, field stone (limit of 25 percent of total landscaped area);
(c)
berming, terracing;
(d)
other innovative landscaping features.
25.6
Additional landscaping that may be required at the discretion of the Development Authority may
include, but is not limited to the following:
(a)
strips of soft vegetation, or buffering, between adjacent land uses;
(b)
the use of trees, shrubs, fences, walls, and berms to buffer or screen land uses;
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(c)
the use of trees, shrubs, planting beds, street furniture and surface treatments to enhance
the appearance of a proposed development.
25.7
Within hamlets and the Grouped Reservoir Residential district, the front yard shall be
comprehensively landscaped. The landscaping of lots shall be carried out within two years of the
date a development permit is issued, to the satisfaction of the Development Authority.
25.8
All landscaping that is required and approved as part of a development permit is a permanent
obligation of the development permit and shall be maintained for the life of the development in
accordance with accepted horticultural practises.
25.9
The Development Authority may require, as a condition of development permit, guaranteed
security to ensure that landscaping is provided and maintained for a period of one year.
SECTION 26
MANUFACTURED / MODULAR / READY-TO-MOVE / MOVED-IN DWELLING STANDARDS
Eligible Dwellings
26.1
Manufactured Dwelling 1:
(a)
new factory-built units within the past year of application for a permit;
(b)
not previously occupied; and
(c)
constructed to current Canadian Standards Association (CSA) certified units.
26.2
Manufactured Dwelling 2:
(a)
used factory-built units, not constructed prior to 1985 and in a good state of repair (to the
satisfaction of the Development Authority); and
(b)
constructed to the Canadian Standards Association (CSA) or other applicable standard of the
day.
26.3
Modular Dwelling 1:
(a)
new units built within the past year of application for a permit and not previously occupied;
(b)
current Canadian Standards Association (CSA) certified units;
(c)
the minimum roof pitch shall not be less than a 4/12 pitch;
(d)
the minimum floor area of the principal dwelling not including attached garage shall not be
less than 74.3 m2 (800 ft2);
(e)
the dwelling shall be a minimum 7.3 m (24 ft) in width;
(f)
must be placed on a contiguous concrete foundation.
26.4
Modular Dwelling 2:
(a)
a new unit placed on a permanent foundation other than a basement;
(b)
a previously occupied unit placed on a permanent foundation with a basement.
26.5
Ready-to-move dwellings:
(a)
new units built within the past year of application for a permit; and
(b)
not previously occupied.
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SCHEDULE 5 | 17
26.6
Moved-in dwellings:
(a)
previously occupied dwellings.
Application Requirements for Previously Occupied Dwellings
26.7
Any application for a development permit to locate a previously occupied dwelling (of any type):
(a)
shall include recent colour photographs of all elevations including additions and decks;
(b)
a professional dwelling inspection;
(c)
accurate site plan for the location to which the building is to be placed or moved;
(d)
floor plan;
(e)
application fee as established by Council, and
(f)
must be CSA certified units (if applicable).
Foundations, Basements, and Roof Lines
26.8
Units shall be placed on foundations which conform to provincial building code requirements.
26.9
All dwellings not placed on a basement shall be skirted in accordance with provincial building code
requirements and to the satisfaction of the Development Authority.
26.10
Any portion of a concrete block foundation above grade shall be parged or finished with another
approved material.
26.11
The maximum height of the exposed portion of a concrete block foundation shall be not more than
0.9 m (3 ft) above the average finished grade level of the surrounding ground.
26.12
The Development Authority may require that a dwelling within the a Grouped Country Residential,
Grouped Reservoir Residential, or Hamlet land use district, be placed on a continuous concrete
foundation in order to improve the compatibility of the development with adjacent land uses.
Additions
26.13
Addition requirements:
(a)
any additions, such as enclosed patios, entrance porches, carports, additional rooms, or any
other roofed structure, shall require a development permit;
(b)
all dwelling additions shall be of a design and finish which will complement the unit;
(c)
the materials and colours used in the construction of additions shall be of a quality, style and
design which will match or complement the dwelling;
(d)
materials used shall be those commonly used for exterior finishing of residences.
Development Permit Conditions
26.14
As a condition of approval the Development Authority, at its discretion, may place other conditions
on a development permit including the requirement that the developer provide landscaping,
fencing, address drainage issues, or other such matters it considers necessary if, in its opinion, they
would serve to improve the quality or compatibility of any proposed development.
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26.15
The Development Authority may require a security deposit of a minimum $1000.00 to a maximum
value of up to 50 percent of the assessed value of the building to ensure the conditions of the
development permit are met.
26.16
In deciding on an application, including establishing any conditions of approval, the Development
Authority shall have regard to the potential impact on existing and proposed uses in the vicinity of
the proposed site.
26.17
Any impacts to the dwelling arising from transportation to its final destination shall be disclosed
and rectified to the satisfaction of the Development Authority.
26.18
Occupancy of the dwelling is not allowed until all requirements of the Safety Codes Act regarding
the provision of potable water and sanitary sewage disposal are complied with.
SECTION 27
MOTOR SPORTS PARK
27.1
Setbacks for outdoor motor sports parks are 2.4 km (1.5 miles) from schools, residences,
campgrounds, hospitals, parks, playgrounds, churches and other institutions, recreational trails
and known habitat of rare, threatened or endangered animal species, migratory bird sanctuaries,
protected natural areas designated under legislation, regionally significant areas, deer wintering
areas and confined feeding operations.
27.2
In deciding on an application, including establishing any conditions of approval, the Development
Authority shall have regard to the potential impact on existing and proposed uses in the vicinity of
the proposed site.
27.3
The Development Authority shall consider the site, natural features, and the quality of the land on
which the development is proposed as such uses shall be discouraged on good quality agricultural
land and in environmentally sensitive or significant areas.
SECTION 28
NATURAL RESOURCE EXTRACTIVE USES
28.1
Both Class 1 (5 ha or greater) and Class 2 pits (less than 5 ha) as defined in the provincial Code of
Practice for Pits shall require a development permit approved by the municipality to operate.
28.2
A sand, clay and gravel pit or a stone quarry may be considered for approval provided that:
(a)
if it is less than 5 ha (12.5 acres) in size, a reclamation plan must be provided to the
satisfaction of the municipality; or
(b)
if it is 5 ha (12.5 acres) or greater, a reclamation plan must be filed with Alberta Environment
and Parks that complies with its regulations and the recommendations of its Land
Reclamation division, and a copy provided to the municipality.
28.3
The following shall be submitted with a development permit application for surface mineral
excavation:
(a)
operation plans;
(b)
details of roads, access points and traffic volumes;
(c)
surface access agreement with the landowner;
(d)
location and phasing of vegetation clearance and stripping of topsoil;
(e)
identification of areas to be left undisturbed;
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SCHEDULE 5 | 19
(f)
weed control; and
(g)
reclamation process phasing and security payments.
28.4
Topsoil must be stockpiled and used to reclaim the worked-out site.
28.5
A natural resource extractive use shall not be developed at a location which, in the opinion of the
Development Authority, would lead to land use conflicts with adjoining or nearby uses.
28.6
The working area (defined as the area used for excavation, stockpiling and crushing) of a sand, clay
and gravel pit or a stone quarry operation shall not be located closer than 1.6 km (1 mile) to a
residential dwelling, the separation distance being measured from the edge of the dwelling to the
nearest edge of the planned working area of the sand and gravel extraction operation.
28.7
Sand and gravel extraction may be permitted within 1.6 km (1 mile) of an individual residence
where provision is made regarding site-specific mitigation of noise, dust, visual, traffic, lighting and
other effects of the sand and gravel operation and must be agreed to by the resident in writing.
28.8
The Development Authority may require that a natural resource extractive use and any storage or
disposal of a natural resource or any finished or semi-finished materials or waste, be located not
less than 100 m (328 ft) from the bed and shore of a permanent or intermittent water body.
28.9
The Development Authority shall consider the effects of visual intrusion, dust, noise, traffic, and
air and water pollution when evaluating applications for these types of development permits.
28.10
The Development Authority may require that the Developer enter into a Road Use Agreement with
Vulcan County in order control traffic on county roads and manage dust control and/or
maintenance issues.
28.11
The Development Authority may place conditions on an approved development permit that
include, but are not limited to, regulating days and hours of operation, imposing setbacks, control
or mitigate dust and noise, require berming or screening, monitoring ambient air quality, and the
phasing of a project.
28.12
The development permit shall generally be limited to a phase of an operation and/or a term not
exceeding three years.
28.13
The Development Authority may refuse to approve an application for a private sand, clay and
gravel pit or a stone quarry in or adjacent to a river valley, shoreland area or flood prone area if it
is of the opinion that the area is unsuitable.
28.14
The Development Authority shall take into consideration the Environmentally Significant Areas in
the Oldman River Region document in making a decision on an application for a resource extraction
use and may deem a development application to be unsuitable in accordance with that report, or
may request additional information be provided by the applicant to ensure any matters outlined
in Section 7 Environmentally Significant Areas (ESAs) of Schedule 4 are addressed to the
satisfaction of the Development Authority.
SECTION 29
OFF-STREET PARKING AND LOADING AREA REQUIREMENTS FOR NON-AGRICULTURAL USES
Applicability
29.1
The off-street parking and loading requirements and design standards apply to:
(a)
all new buildings and uses; and
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(b)
the expansion or enlargement of existing buildings or uses.
29.2
In the case of expansion or enlargement of an existing building or use, additional off-street parking
spaces will be required to serve the expanded or enlarged area only, not the entire building or use.
Minimum Required Off-Street Parking
29.3
Table 1, Minimum Required Off-Street Parking, shall be used to calculate the minimum number of
off-street parking spaces a use is required to provide.
29.4
Off-street parking requirements based on floor area are to be computed on the gross floor area
(GFA) of the building.
29.5
Calculation of off-street parking requirements resulting in a fractional number of 0.5 or greater
shall be rounded up and rounded down when resulting in a fractional number of 0.49 or less.
29.6
A multiple use development must provide parking in an amount equal to the number of spaces for
all uses, except where a shared parking provision is approved by the Development Authority. A
shared parking provision based upon the proposed sharing of parking spaces between two or more
uses must include a written agreement between the owners on record. Where shared parking is
approved, a caveat shall be registered against the lot to guarantee the continuous use of the site
for parking.
29.7
Where a use is not listed, minimum required off-street parking shall be provided as required by
the Development Authority having regard to the listed use that is most similar to the proposed
use. As an alternative, the Development Authority may require a parking study to be prepared by
a qualified professional at the applicant's expense to determine the parking requirements for a
use not listed in Table 1.
29.8
All required parking spaces shall be provided on the same lot as the building or use, except where
the Development Authority may permit off-site parking spaces to be provided on a lot within
152.4 m (500 ft) of the building or use if, in the Development Authority's opinion, it is impractical
to provide parking on the same lot as the building or use. Where such off-site parking is approved,
a caveat shall be registered against the lot to guarantee the continuous use of the site for parking.
Barrier-free Parking
29.9
The minimum number of barrier-free parking spaces to be provided for the disabled shall be a
portion of the total number of off-street parking spaces required, in accordance with Table 2,
Barrier-Free Parking Spaces. Where a use has not been addressed in Table 2, parking requirements
shall be at the discretion of the Development Authority.
29.10
Each barrier-free parking space for the disabled shall be:
(a)
at least 3.7 m (12 ft) wide;
(b)
have a firm, slip-resistant and level surface;
(c)
be clearly marked as being for the use of persons with disabilities only.
29.11
Where there are two or more adjacent barrier-free parking stalls, a 1.5 m (5 ft) wide access aisle
shall be provided between the stalls.
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SCHEDULE 5 | 21
29.12
Barrier-free parking stalls shall be clearly identifiable in accordance with Alberta Safety Codes
requirements.
29.13
There must be a well-lit, distinguishable, barrier-free path of travel from the parking areas to the
building entrance.
29.14
It is recommended that an additional number of spaces be considered when the purpose or use of
the building facilities may cause an increase in the number of seniors or persons with disabilities
who require accessible parking, such as, but not limited to, medical services and restaurants.
Table 1 - Minimum Required Off-street Parking
USE
MINIMUM PARKING SPACES
COMMERCIAL/INDUSTRIAL
Animal care service
1 space / 46.5 m2 (500 ft2) of GFA
Auction market
1 space / 65 m2 (700 ft2) of GFA
Auto repair and paint shop
1 space / 46.5 m2 (500 ft2) of GFA
Auto sales and service
1 space / 46.5 m2 (500 ft2) of GFA
Bulk fuel storage and sales
1 space / 46.5 m2 (500 ft2) of GFA
Business support service
1 space / 46.5 m2 (500 ft2) of GFA
Car wash
1 space per employee
Campground (Visitor Parking)
1 space per 10 camping stalls
Drive-in/drive-through use
1 space / 5.1 m2 (55 ft2) of seating area plus 1 space per employee
Entertainment establishment
1 space / 5.1 m2 (55 ft2) of patron use area plus 1 space per employee
Equipment sales, rental and service
1 space / 65 m2 (700 ft2) of GFA
Grain elevators/seed cleaning
1 space per employee
Hotel/motel
1 space per guest room
Industrial, heavy
1 space / 92.9 m2 (1000 ft2) of GFA
Industrial, light
1 space / 65 m2 (700 ft2) of GFA
Intensive horticultural service
1 space / 65 m2 (700 ft2) of GFA
Kennel or animal care service
1 space / 65 m2 (700 ft2) of GFA
Landscaping materials sales
1 space / 65 m2 (700 ft2) of GFA
Mini storage
As required by the Development Authority
Office
1 space / 46.5 m2 (500 ft2) of GFA
Outdoor storage
As required by the Development Authority
Personal service business
1 space / 37.2 m2 (400 ft2) of GFA
Recreation facility
1 space / 27.9 m2 (300 ft2) of GFA
Recycling facility
1 space / 65 m2 (700 ft2) of GFA
Restaurant
1 space per 4 seats plus employee parking
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Table 1 - Minimum Required Off-street Parking (continued)
USE
MINIMUM PARKING SPACES
Retail store
1 space / 27.9 m2 (300 ft2) of GFA
Service and gas stations
1 space / 37.2 m2 (400 ft2) of GFA
Short-Term Rental
1 space off-street (up to two guest rooms)
2 spaces off-street (more than two guest rooms)
Truck transportation/dispatch depot
1 space / 65 m2 (700 ft2) of GFA
Truck wash
1 space per employee
Warehousing
1 space / 65 m2 (700 ft2) of GFA
RESIDENTIAL
Bed and breakfast
1 space per guest room
Child care facility
1 pick-up/drop-off space per 10 children plus 1 space per employee
Dwellings:
- Duplex
2 spaces per dwelling unit
- Multi-unit
2 spaces per dwelling unit plus 0.5 space per unit for visitor parking
- Single-detached, Modular 1 or 2
Manufactured 1 or 2
2 spaces per dwelling unit
Group home
1 space per employee
Home occupation 2 & 3
As required by the Development Authority
Senior citizen housing
1 space per 2.5 dwelling units
PUBLIC
Clubs and organizations
1 space / 9.3 m2 (100 ft2) of gross floor area plus 1 space per employee
Community hall
1 space / 5 seating spaces plus 1 space per employee
Exhibition centre
As required by the Development Authority
Hospital
1 space per bed
Religious assembly
As required by the Development Authority
School
As required by the Development Authority
Table 2 - Barrier-Free Parking Spaces
Number of parking spaces required for a use
Number of barrier-free spaces required
for use by persons with disabilities
0-10
11-25
26-50
51-100
for each additional increment
of 100 or part thereof
0*
1
2
3
one additional stall
*Developer is encouraged to provide at least one barrier-free parking space for use by persons with
disabilities.
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SCHEDULE 5 | 23
Loading Space Requirements
29.15
One loading space shall be provided for each loading door.
29.16
The minimum dimensions for a loading space shall be 3.1 m (10 ft) by 9.1 m (30 ft) with an overhead
clearance of 4 m (13 ft).
29.17
Each loading area shall provide a doorway into the building sufficient to meet the needs of the use
within the building.
29.18
Each loading area shall be designed in such a manner that it will not interfere with convenient and
safe pedestrian movement, traffic flow or parking.
29.19
The Development Authority may require additional loading areas or doors if such additional areas
or doors are deemed necessary.
Stacking Spaces for Drive-through Uses
29.20
In addition to the off-street parking requirements, a drive-through use is required to provide the
following minimum stacking spaces:
All uses with a pick-up window:
30.5 m (100 ft) from order box to pick-up window
Gas station:
9.1 m (30 ft) from each end on pump island
Car wash:
15.2 m (50 ft) from car wash entrance
29.21
The minimum stacking space requirements may be varied by the Development Authority
depending upon the intensity of the proposed development.
Off-street Parking Design Standards
29.22
Off-street parking areas shall be accessible and designed in a manner which will provide for orderly
parking in accordance with the minimum parking space dimensions in Table 3, Minimum Parking
Space Dimensions.
29.23
Parking space designs proposing tandem or stacked parking to a maximum of two vehicles per stall
may be approved by the Development Authority provided the spaces are for employee parking
only.
29.24
The stall width and depth requirements for an off-street parking space may be reduced by the
Development Authority where spaces are designed to accommodate limited compact vehicle
parking.
29.25
Where a use or development may need to accommodate over-sized vehicles such as tractor-
trailers, large recreational vehicles, buses or other similar vehicles, the Development Authority
may require larger parking space and aisle dimensions.
29.26
Off-street parking areas shall be constructed in a manner which will permit adequate drainage,
snow removal, and maintenance.
29.27
Off-street parking spaces adjacent to a road right-of-way shall be provided with bumper blocks,
curbing or other similar protective feature to ensure public safety and prevent vehicle overhang.
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29.28
The Development Authority may require that off-street parking areas or portions thereof be paved
as a condition of approval.
Table 3 - Minimum Parking Space Dimensions
A: Parking Angle
B: Stall Width
C: Stall Depth
D: Aisle Width
Degrees
Metres
Feet
Metres
Feet
Metres
Feet
0
2.4
8.0
6.7
22
3.7
12
30
2.7
9.0
5.5
18
3.5
11
45
2.6
8.5
6.1
20
3.9
13
60
2.6
8.5
6.4
21
5.5
18
90
2.9
9.5
5.6
18.5
7.3
24
Figure 1: Minimum Parking Space Dimensions
SECTION 30
RECREATIONAL VEHICLE (RV) STORAGE
30.1
The maximum number of recreational vehicle units permitted on the site shall be as determined
by the Development Authority. Generally, there should not be permitted more than 60 units per
acre of land.
30.2
Recreational vehicle storage shall be carried out in accordance with the Alberta Fire Code
pertaining to water for fire suppression, fencing and access.
30.3
Vehicle entrances and exits, as well as internal vehicle routes shall be designed in a manner that
provides a safe and clearly defined circulation pattern.
30.4
All on-site roadways shall have a durable hard surface of gravel or similar material and the same
shall be drained and developed to the satisfaction of the Development Authority.
30.5
Where on-site parking or storage is illuminated, all lighting shall be positioned and shielded in such
a manner that lighting falling onto abutting properties is minimized.
30.6
Any developed portion of the site must be graded, contoured and seeded and shall provide for a
satisfactory disposal of surface water by grading and drainage in such a manner that no surface
water shall drain onto public roadway or other neighbouring property.
B
D
A
A: Parking Angle
B: Width Of Stall
C: Depth Of Stall
D: Width Of Aisle
C
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SCHEDULE 5 | 25
30.7
There shall be no storage of hazardous materials or goods on-site.
30.8
No day use or over-night accommodation shall be allowed on-site.
30.9
A recreational vehicle parked on a lot in any district shall not be used for permanent living or
sleeping accommodation.
30.10
The storage of recreational vehicles shall not include storage for the salvage of, or for derelict
recreational vehicles.
30.11
The recreational vehicle compound may be fenced with a minimum 1.8 m (6 ft) high chain link
fence around the periphery of the storage area, or as otherwise required by the Development
Authority.
30.12
Any proposed sanitation dump shall be in accordance with the Alberta Safety Code Standard of
Practice.
30.13
A landscaping plan may be required as part of the submission for a development permit.
SECTION 31
RENEWABLE ENERGY, INDIVIDUAL
Solar Collector
This section establishes standards of development for individual solar collector systems, either single panels
or multiple panels, for use by households, agricultural operators or individual business or industry intended
to meet some or all of the electrical needs of the operator on the subject site, or a site immediately adjacent
to the subject site.
31.1
No development permit is required for installation of a renewable energy system, individual of less
than or equal to 1.5 KW on a parcel in any land use district specified in accordance with Schedule 3
- Development Not Requiring a Development Permit.
31.2
Development permit applications for a solar collector system shall be accompanied by the
following additional information:
(a)
documentation demonstrating the system is designed to produce energy primarily for sole
use and consumption on-site by the landowner, resident or occupant;
(b)
manufacturer's specifications for system design and rated output;
(c)
a site plan showing the location and orientation of the solar collectors;
(d)
for panels mounted to the roof of a building or accessory structure or affixed to the wall of a
building or accessory structure, a description of how the panels are to be mounted or affixed,
maximum projection from roof or wall, and structural capacity of the building/wall to support
the proposed development;
(e)
for free-standing solar panels, a description of the proposed ground mount design including
clearance to the bottom of the collectors and maximum height from existing grade;
(f)
wire service provider (WSP) approval for solar collectors that are proposed to be connected
to the provincial power grid.
31.3
Solar panel installations may be affixed to a building wall (principal and/or accessory), mounted to
the roof of a building (principal and/or accessory) or mounted to the ground as a free-standing
structure.
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31.4
Solar panels must be located such that they do not create undue glare on neighbouring parcels or
public roadways.
31.5
Solar panels mounted to the roof of a principal building or accessory building or structure must
not extend beyond the outermost edge of the roof.
31.6
The maximum projection of solar panels affixed to the wall or mounted to the roof or wall of a
principal building or accessory building or structure shall be 1.22 m (4 ft), subject to the maximum
height and minimum setbacks requirements of the applicable land use district.
31.7
The minimum clearance for solar panels affixed to the wall of a principal building or accessory
building or structure shall be 2.44 m (8 ft) from grade.
31.8
The maximum height of a free-standing solar panels shall not exceed 4.6 m (15 ft).
31.9
The location of, and maximum number of solar collectors per parcel, may be regulated by the
Development Authority.
Small Wind Energy Conversion Systems
This section establishes standards of development for small wind energy conversion systems for use by
households, agricultural operators or individual business or industry intended to meet some or all of the
electrical needs of the operator on the subject site, or a site immediately adjacent to the subject site.
31.10
Applications for Small Wind Energy Systems shall include the following information where
applicable:
(a)
the manufacturer's specifications indicating:
(i)
the SWES rated output in kilowatts;
(ii)
safety features and sound characteristics;
(iii)
type of material used in tower, blade, and/or rotor construction;
(b)
potential for electromagnetic interference;
(c)
nature and function of over speed controls which are provided;
(d)
specifications on the foundations and/or anchor design, including location and anchoring of
any guy wires;
(e)
location of existing buildings or improvements.
31.11
Prior to making a decision on a development application for a Small Wind Energy System, the
Development Authority may refer and consider the input of the following agencies and
departments:
(a)
Alberta Utilities Commission,
(b)
Transport Canada,
(c)
Navigation Canada.
31.12
Small Wind Energy Systems shall comply with the following standards:
(a)
There shall be a limit of one small wind energy system per parcel.
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(b)
The system's tower shall be set back a minimum distance equal to the height of the tower
from all parcel lines, or the minimum setback in the applicable land use district, whichever is
the greater.
(c)
No part of the system, including guy wire anchors, may extend closer than 3.0 m (10 ft) to
the property boundaries of the installation site.
(d)
The system's tower shall not exceed a maximum height of 12.1 m (40 ft) on a parcel of less
than 0.4 ha (1 acre), a maximum of 19.8 m (65 ft) on a parcel of 0.4 ha (1 acre) to less than
2.0 ha (5 acres), and maximum height of 24.4 m (80 ft) on a parcel 2.0 ha (5 acres) or more.
(e)
The Development Authority may require that the system's tower be located and screened by
landforms, natural vegetation or other means to minimize visual impacts on neighbouring
residences and public roads, public trails and other public areas.
(f)
The system's tower and supporting structures shall be painted a single, neutral, non-
reflective, non-glossy (for example, earth-tones, gray, black) that, to the extent possible,
visually blends the system with the surrounding natural and built environments.
(g)
The system shall be equipped with manual and automatic over speed controls. The
conformance of rotor and over speed control design and fabrication to good engineering
practices shall be certified by a licensed mechanical, structural or civil engineer.
(h)
The system's tower-climbing apparatus and blade tips shall be no closer than 4.6 m (15 ft)
from ground level unless the system is enclosed by a 1.8 m (6 ft) high fence.
(i)
The system's utility lines shall be underground where economically practical.
(j)
The system shall be operated such that no electro-magnetic interference is caused.
(k)
The system's maximum power shall not exceed 3 kW.
(l)
Small wind turbines shall not exceed 60 dB(A), or in excess of 5 dB(A) above the background
noise, whichever is greater. The level, however, may be exceeded during short-term events
including utility outages and severe windstorms.
(m) Brand names or advertising associated with the system or the system's installation shall not
be visible from any public place.
(n)
Upon abandonment or termination of the system's use, the entire facility, including the
system's tower, turbine, supporting structures and all equipment, shall be removed and the
site shall be restored to its pre-construction condition.
SECTION 32
RENEWABLE ENERGY, COMMERCIAL/INDUSTRIAL
This section establishes standards for the development of renewable energy projects for the purpose of
producing energy for the commercial market. Typically, this use will include commercial systems for the
production and sale of energy generated by the following, but not limited, to solar photovoltaic, solar
thermal, geo-exchange, wind, micro-hydro, carbon capture and storage, bio fuel or fuel cell.
NOTE TO READER: The Alberta Utilities Commission (AUC) regulates large scale/commercial energy projects. The
County's regulatory role is limited, and established under sections 619 and 620 of the MGA. Where AUC approval
has been applied for or received, a copy of the application submitted to the AUC may be used to satisfy some or all
of the development permit application requirements.
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32.1
Prior to making a decision on a development application for a Renewable Energy,
Commercial/Industrial use, the Development Authority should refer and consider the input of any
of the following agencies and departments (as the case may be depending on the type of
application):
(a)
Transport Canada;
(b)
NAV Canada;
(c)
Alberta Culture and Tourism;
(d)
Alberta Environment and Parks;
(e)
Alberta Transportation;
(f)
Alberta Electric Systems Operator (AESO);
(g)
Alberta Utilities Commission (AUC).
Notification & Public Consultation
32.2
Upon receipt of a development permit application for a Renewable Energy, Commercial/Industrial
use, the Development Authority shall review the application for completeness and, prior to making
a decision on the application:
(a)
notify landowners and residents, by mail, within 2 km (1.2 miles) of the proposed
development site (or more, at the discretion of the Development Authority);
(b)
notify adjacent municipalities in accordance with the applicable Intermunicipal Development
Plan;
(c)
refer the application to all relevant agencies and government departments; and
(d)
the developer shall host a public information meeting, within 60 days prior to submitting a
development permit application, which meets the following criteria;
i.
notification of the meeting is sent to landowners 21 days prior and is provided to
landowners within a 2km radius of the project boundary as well as those landowners
who are situated along the proposed construction haul route and;
ii.
the County is notified 21 days prior to the meeting and;
iii.
an in-depth summary is provided to County administration, that includes but is not
limited to, an outline of the impacts and benefits relayed by attendees, and how the
proponent intents on addressing the matters and;
iv.
the meeting summary is included in the development permit application.
SOLAR COLLECTOR FARMS
32.3
Development permit applications for commercial solar installation shall be accompanied by the
following additional information:
(a)
a site suitability analysis including but not limited to: topography, soil characteristics,
environmental features and issues, accessibility to a road, compatibility with surrounding
land uses, potential impacts to agricultural land and irrigation operations, potential visual
impacts, storm water management, and consistency with the policies of the Municipal
Development Plan and this Bylaw;
(b)
information regarding setbacks from public roads, property lines and the proximity to
structures or uses on the site and adjacent parcels of land;
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(c)
detailed information about the system type, number of structures, height of structures, the
energy process and rated output, and details on the estimated reflection produced from the
solar panels;
(d)
preliminary grading/drainage plan, including a site construction/grading plan with details on
proposed management practices for any soil stripping and erosion control, and proposed
construction haul route;
(e)
access to and any potential impacts to public roads;
(f)
the location of overhead utilities on or abutting the subject parcel and identification of any
sensitive, environmental or topographical features which may be present on the parcel;
(g)
a decommissioning plan in accordance with Section 33.6 below;
(h)
plans and methods of weed control and erosion mitigation;
(i)
information regarding setbacks from structures or uses on the subject site to neighbouring
residential dwellings and non-residential developments on adjacent parcels of land;
(j)
information regarding general public safety and security measures including site fencing;
(k)
a summary of any public consultation undertaken to date;
(l)
a statement describing the project's relationship to the South Saskatchewan Regional Plan;
and
(m) if required by the Development Authority, an Environmental Site Assessment prepared by a
qualified professional and/or other studies and reports to demonstrate site suitability and
impact mitigation.
Site Suitability & Development Standards
32.4
In the Rural General - "RG" land use district, applicants are encouraged to consider the following
when selecting sites:
(a)
use of the poor quality lowest productive land, dry corners and poor agricultural land is
preferred;
(b)
use of cut-off, fragmented, irregular shaped parcels is preferred;
(c)
the use of a primarily unsubdivided quarter-section or agricultural parcels 32.4 ha (80 acres)
or greater in size of high quality irrigated agricultural land (land with irrigation rights) that
has or could contain irrigation system infrastructure should be avoided;
(d)
environmentally sensitive and environmentally significant areas, including wetlands or intact
native grasslands, should be avoided; and
(e)
Solar Collector Farms are not to be located within 300 m (984.3 ft) of an individual residential
dwelling on an adjacent parcel, and 750 m (2460.6 ft) from a boundary of a designated
grouped country residential, grouped reservoir residential or rural recreational district,
hamlet, village or town, as measured from the closest point of the solar collector
infrastructure to the adjacent residence, district, hamlet, village or town.
32.5
In addition to the required setbacks and other criteria of the applicable land use district and any
other relevant provisions of this Bylaw, a Solar Collector Farm shall adhere to the following
developments standards:
(a)
all surface drainage must be contained on site and any adjacent water bodies must be
adequately protected from run-off;
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(b)
suitable fencing must be installed to provide security and discourage trespassing;
(c)
spacing of solar collectors must provide access for firefighting of both forage and electrical
fires;
(d)
weed control shall be dealt with in a comprehensive manner ensuring adjacent land owners
are not negatively affected; and
(e)
solar collectors shall be positioned with a minimum clearance, at the discretion of the
Development Authority, so to facilitate the growth of perennial forage to prevent soil
erosion.
Decommissioning
32.6
Decommissioning and reclamation shall take place in compliance with the applicable provincial
standards of the day the site is decommissioned. If no standards are in place at the time of a
development permit application, the applicant shall provide a plan outlining how the site will be
decommissioned and reclaimed to the site's predevelopment state. The decommissioning plan
shall include information on:
(a)
treatment of footings and wires;
(b)
reclamation of roads, driveways, pathways, and other similar disturbances;
(c)
notice to be given to land owners and the County;
(d)
containment of hazardous materials;
(e)
site security;
(f)
haul routes for disposal materials;
(g)
the requirement for solar collector removal after a certain period of inactivity; and
(h)
discussion of the timetable for decommissioning plan.
32.7
As a condition of development approval, the County may require security, in a form satisfactory to
the Development Authority, to ensure the Reclamation/Decommissioning Plan is implemented
and to cover assignment and bankruptcy. The condition may include a periodic review of the
security to ensure the amount is sufficient to implement the Reclamation/Decommissioning Plan.
32.8
Should a Solar Collector Farm discontinue producing power for a minimum of two consecutive
years, or two cumulative years over a five-year period, the operator shall provide a report on the
status of the Solar Collector Farm to the County. A review of the status report by the Municipal
Planning Commission may result in a request for the Solar Farm to be decommissioned. Failure to
comply with a decommissioning request may result in the issuance of a stop order by the County
in accordance with the provisions of the MGA.
Conditions of Approval
32.9
As a condition of development permit approval for a Solar Collector Farm, the Development
Authority shall consider, in addition to any other conditions authorized under other sections of this
Bylaw, attaching conditions related to the following and in accordance with Sections 619 and 620
of the MGA:
(a)
require the applicant/developer to enter into a road use agreement and/or development
agreement with the municipality;
(b)
place restrictions on the location, height and type of fencing used for the site;
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(c)
require the application of approved weed control measures;
(d)
require ground cover to be established prior to solar installation to mitigate erosion;
(e)
stipulate a collector location spacing and minimum clearance from average ground elevation
so to allow perennial forage to grow;
(f)
stipulate grading, stockpiling, weed control and soil erosion control measures;
(g)
the provision of an emergency/fire suppression management plan;
(h)
require compliance with applicable decommissioning and reclamation standards of the day,
or if no decommissioning and reclamation standards are in place at the time of application,
require compliance with a decommissioning/reclamation plan prepared by the applicant to
the satisfaction of the Development Authority;
(i)
require that the project commence construction within two years of approval, and complete
the project within four years;
(j)
require that the operation remain in continuous operation and if the operation is inactive for
two consecutive years, or two cumulative years over a five year period, the obligation to
decommission the site is automatically triggered; and
(k)
the provision of financial security in an amount and type acceptable to the municipality to
ensure the decommissioning plan is implemented.
WIND ENERGY CONVERSION SYSTEMS (WECS)
Application Requirements
32.10
For the purposes of a development permit application, WECS will be classified into the following
categories:
Category 1 - Total output of WECS proposed is less than 1 megawatt and under 35 m
(114.5 ft) in total height.
Category 2 - Total output of WECS proposed is more than 1 megawatt and over 35 m
(114.5 ft) in total height.
Exempt -
A single WECS under 12.2 m (40 ft) in total height.
All development applications for a WECS, depending upon category, shall be required to be
accompanied by the following if determined necessary by the Development Authority:
Category 1
Category 2
(a)
an accurate site plan showing and labeling the information
outlined in this section, and the location of overhead
utilities on or abutting the subject lot or parcel;
(b)
a digital version of the site plan showing the exact location
and base elevation of each WECS in UTM coordinates with
NAD datum, Zone 12;
(c)
a visual representation of the multi-WECS project
including scale elevations, photographs and/or digital
projections of the project showing total height, rotor
diameter, colour and the landscape;
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Category 1
Category 2
(d)
the manufacturer's specifications indicating:
(i) the WECS rated output in megawatts,
(ii) safety features and sound characteristics,
(iii) type of material used in tower, blade, and/or rotor
construction;
(e) an analysis of the potential for noise and shadow/flicker
effect, both at the site of the installation, at the boundary
of the property containing the development at any
habitable residence within 2 km (1.2 miles) of any WECS -
AUC Rule #12;
(f) specifications on the foundations and/or anchor design,
including location and anchoring of any guy wires;
(g) the results of any public consultation process;
(h) the status of the applicant's circulation to NavCanada,
Transport Canada, Alberta Utilities Commission and any
other government departments required for provincial
approval;
(i) any information regarding general public safety;
(j) identification of the roads to be used for construction of
the project and any impacts to the local road system
including required approaches from public roads having
regard to Vulcan County standard;
(k) a plan outlining how the site will be decommissioned and
reclaimed prior to the development
32.11
An individual development permit application shall be submitted for each titled parcel.
Number of WECS
32.12
Two or more WECS on a parcel, or as part of a project, will be considered a multi-WECS for the
purposes of this Bylaw. A single WECS is classified (for use purposes) as a Renewable Energy,
Individual.
32.13
The Development Authority may approve multiple WECS on a case-by-case basis having regard for:
(a)
proximity to other adjacent land uses;
(b)
density of WECS;
(c)
consideration of the cumulative effect of all WECS approved or proposed within 5 km
(3 miles) of the proposal;
(d)
underlying utilities;
(e)
information received through the circulation process and at the development hearing.
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Setbacks
NOTE TO READER: The Alberta Utilities Commission (AUC) establishes separation distances between wind turbines
and dwellings based on permissible sound levels established in AUC Rule 012 and a cumulative noise assessment of
energy-related facilities within 1.5 km.
32.14
A WECS shall be setback not less than 7.6 m (25 ft) from all property lines not fronting on or
adjacent to a municipal roadway as measured from the rotor's arc (rotor diameter).
32.15
A WECS shall be setback from a dwelling unit within the wind farm
project boundary (lands leased for wind energy development) not
less than 300 m or as meets AUC Rule 012 permitted levels,
whichever is greater.
32.16
A WECS shall be setback from a dwelling unit not within the wind
farm project boundary (lands leased for wind energy
development) not less than 800 m or as meets AUC Rule 012
permitted levels, whichever is greater.
32.17
At no time shall the cumulative modelled sound level of a multi-
WECS measured at the wind farm project boundary (including all
titled parcels participating in the project) exceed 40dBa unless an
easement, as approved by the Development Authority, is agreed
to by the affected land owner and registered on the affected
title.
32.18
A WECS shall be setback from a developed or undeveloped
municipal roadway not less than the total height of the WECS, plus
10 percent.
32.19
Where, in the opinion of the Development Authority, the setbacks
referred to in Section 33.18 above are not sufficient to reduce the
impact of a WECS from a public roadway or a primary highway, the Municipal Planning Commission
may increase the required setback.
32.20
In the case of multiple WECS, setbacks can be increased from the minimum setback requirements
in the district depending upon the number of WECS in a group and the prominence of the location,
in order to reduce the impact to a residence, building, public roadway or highway, or land use.
Minimum Blade Clearance
32.21
The minimum vertical blade clearance from grade shall be 7.6 m (25 ft) for a WECS employing a
horizontal axis rotor unless otherwise required by the Development Authority.
Tower Access and Safety
32.22
To ensure public safety, the Development Authority may require that:
(a)
a security fence with a lockable gate shall surround a WECS tower not less than 1.8 m (5.9 ft)
in height if the tower is climbable or subject to vandalism that could threaten tower integrity;
(b)
no ladder or permanent tower access device shall be located less than 3.7 m (12 ft) from
grade;
(c)
a locked device shall be installed on the tower to preclude access to the top of the tower;
Ground
Level
Total
Height
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(d)
all of the above be provided or such additional safety mechanisms or procedures be provided
as the Development Authority considers reasonable and appropriate;
(e)
the use of tubular towers, with locked door access, will preclude the above requirements.
Transmission Lines
32.23
All collector lines (less than 69 kV) on the site of a multi-WECS shall be underground except where
the Development Authority approves overhead installation.
Colour and Finish
32.24
Unless otherwise required by the Development Authority, a WECS shall be finished in a non-bright
reflective matte and in a colour which minimizes the obtrusive impact of a WECS to the satisfaction
of the Development Authority.
32.25
No lettering or advertising shall appear on the towers or blades. On other parts of the WECS, the
only lettering will be the manufacturer's identification or municipal symbol.
Conditions of Approval
32.26
As a condition of development permit approval for a multi-WECS, the Development Authority shall
consider, in addition to any other conditions authorized under other sections of this Bylaw,
attaching conditions related to the following and in accordance with Sections 619 and 620 of the
MGA:
(a) require the applicant/developer to enter into a road use agreement and/or development
agreement with the municipality;
(b)
place restrictions on the location, height and type of fencing used for the tower sites;
(c)
require compliance with applicable decommissioning and reclamation standards of the day,
or if no decommissioning and reclamation standards are in place at the time of application,
require compliance with a decommissioning/reclamation plan prepared by the applicant to
the satisfaction of the Development Authority;
(d)
require that the project commence construction within two years of approval, and complete
the project within four years;
(e)
require that the operation remain in continuous operation and if the operation is inactive for
two consecutive years, or two cumulative years over a five year period, the obligation to
decommission the site is automatically triggered;
(f)
require that, should the developer propose alteration, retooling or repowering of an existing
multi-WECS project where the equipment has changed from the original approval, the
developer shall apply for a new development permit; and
(g)
the provision of financial security in an amount and type acceptable to the municipality to
ensure the decommissioning plan is implemented.
OTHER COMMERCIAL/INDUSTRIAL ENERGY PROJECTS
32.27
All development applications for a Renewable Energy, Commercial/Industrial project, including but
not limited to geo-exchange, micro-hydro, carbon capture and storage, bio fuel or fuel cell shall be
required to be accompanied by the following information:
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(a)
an accurate site plan showing and labelling the proposed development and the location of
overhead utilities on or abutting the subject lot or parcel, and identification of any sensitive,
environmental or topographical features which may be present on the parcel, including
canals, streams or water wells;
(b)
detailed information on the type of facility, structure or system and the energy process
involved;
(c)
the manufacturer's specifications indicating (if applicable):
(i)
the rated output in megawatts,
(ii)
safety features and sound characteristics;
(d)
the developer shall host a public information meeting, within 60 days prior to submitting a
development permit application, which meets the following criteria;
(i)
notification of the meeting is sent to landowners 21 days prior and is provided to
landowners within a 2km radius of the project boundary as well as those landowners
who are situated along the proposed construction haul route and;
(ii)
the County is notified 21 days prior to the meeting and;
(iii) a detailed summary is provided to County administration, that includes an outline of
the impacts and benefits relayed by attendees and;
(iv) the meeting summary is included in the development permit application.
(e)
any information regarding general public safety;
(f)
identification of any impacts to the local road system including required approaches from
public roads having regard to County standards;
(g)
information regarding setbacks from property lines and the proximity to structures or uses
on both the site and adjacent parcels of land;
(h)
information or verification of the proposed source of water if required for the type of facility
such as an ethanol plant;
(i)
a plan outlining how the site will be decommissioned and reclaimed if the use is discontinued;
(j)
large commercial/industrial facilities shall submit studies identifying noise, odour and
pollutant impacts and how these impacts will be addressed;
(k)
an emergency response plan;
(l)
a summary report of any and all public consultation that was undertaken by the applicant.
Setbacks
32.28
The structures of a Renewable Energy, Commercial/Industrial use shall comply with all the
setbacks as established in the district in which it is located. In addition to the requirements of the
district in which the use is located, structures or facilities related to waste-to-energy, anaerobic
digesters, biodiesel, or biofuels developments shall not be located within:
(a)
a minimum of 250 m (820 ft) from any residential dwelling, food establishment or public use
facility or building;
(b)
a minimum of 120 m (394 ft) from the boundary or right-of-way of an irrigation district canal,
creek, stream, river, lake shore or water body;
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(c)
the parts of the project related to the transmission lines and associated structures and to the
roads, docks, water crossings, culverts, etc. associated with the facility may be allowed within
30 m (100 ft) of a water body or within the water body itself (to the satisfaction of the County
and/or all other federal and provincial departments that may have jurisdiction with respect
to a proposed project);
(d)
the Development Authority may require a larger minimum setback than required as per the
above and in the applicable land use district having regard for the location of the
development, potential environmental impacts (e.g. air, water - surface and subsurface, soil,
etc.), adjacent land uses and any determined natural, scenic or ecologically significant
features of the landscape.
Development Standards
32.29
Depending on the type of Renewable Energy, Commercial/Industrial use proposed, the
Development Authority may require that the applicant comply with any or all of the following
standards and requirements:
(a)
the preferred location of Renewable Energy, Commercial/Industrial uses is on parcels
designated for industrial land use and located in proximity to highways or railway corridors;
(b)
the Development Authority may require a parcel redesignation to the applicable industrial
land use district to be considered and approved prior to accepting a development permit
application;
(c)
all surface drainage must be contained on site and any adjacent water bodies must be
adequately protected from run-off;
(d)
the applicant is responsible for preparing at their own expense an engineered surface
drainage management plan and submitting an application for approval to Alberta
Environment and Parks (if applicable);
(e)
any biodiesel waste or water contaminated with biodiesel is prohibited to be discharged
directly into any sewers or surface waters;
(f)
all feedstock and materials are to be stored and contained within buildings, and no outside
storage is permitted;
(g)
the semi-truck traffic used for the hauling and shipment of raw material or feedstock and
finished/processed goods associated with the development shall be limited to a designated
truck haul route as stipulated by the County;
(h)
all energy transmission lines on the site of the Renewable Energy, Commercial/Industrial use
to the substation or electrical grid shall be underground unless otherwise approved by the
Development Authority;
(i)
the applicant is responsible for securing any necessary approvals from agencies including but
not limited to Alberta Environment and Parks, Alberta Utilities Commission and the Alberta
Energy Regulator;
(j)
the Development Authority may apply to any Renewable Energy, Commercial/Industrial use
any other standards that are provided for in this Bylaw, including but not limited to:
(i)
require the applicant/developer to enter into a road use agreement and/or
development agreement with the municipality,
(ii)
the provision of financial security in an amount and type acceptable to the municipality
to ensure the decommissioning plan is implemented,
(iii) a condition to allow the developer to proceed with a phased project,
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(iv) the provision of site improvements like landscaping, berming or buffering.
SECTION 33
SECOND DWELLING UNITS
33.1
Second dwelling units may be located on a parcel provided that:
(a)
the second dwelling unit meets the definition of a developed residence as follows:
(i)
is habitable,
(ii)
has developed legal access,
(iii) has electrical and gas utilities available to the site,
(iv) has a supply of potable water and a functional sewage disposal system,
(v)
is situated on a permanent foundation;
(b)
no more than one second dwelling unit shall be permitted on any parcel or lot;
(c)
the parcel must be a minimum of 1.2 ha (3 acres) in size;
(d)
a second dwelling unit may only be permitted on a parcel on which there is already one single
detached dwelling unit (main residence);
(e)
the second dwelling shall be placed in such a manner so that the two dwellings do not utilize
an area greater than 4.0 ha (10 acres). The configuration of the 4.0 ha (10 acre) area must
strive to be compact in nature and must be acceptable to the Development Authority;
(f)
the second dwelling unit shall be subject to the same minimum required setbacks for front,
side and rear yards as the principal dwelling on the parcel;
(g)
the applicant may be required to have a professional soil test/analysis done at their expense
to ensure that the soil characteristics are capable of supporting multiple septic fields. The
analysis must include identifying and confirming the depth to water table to meet provincial
requirements. Analyses of the test must be performed and approved by an engineer or
approved agency under Alberta Municipal Affairs, with a copy of the report submitted with
the development permit application; and
(h)
joint access may be required as a condition of approval.
SECTION 34
SERVICE STATIONS AND GAS STATIONS
34.1
The minimum front yard setback to the principal building shall be 12.2 m (40 ft) and no gasoline
pumps shall be located closer than 6.1 m (20 ft) from the front property line.
34.2
The side and rear yard shall be 6.1 m (20 ft) with no intervening pumps or accessory structures.
34.3
Maximum site coverage shall be 30 percent.
34.4
The location and installation of the fuel tanks shall be in accordance with safety code and Alberta
Environment Risk Management Guidelines for Petroleum Storage Tanks.
34.5
The exits and entrances to the station site shall be clearly marked by curb cuts, painted markings,
concrete abutments or any other means satisfactory to the Development Authority.
34.6
A chain link fence not less than 0.9 m (3 ft) high may be required around the property to catch
debris and trash and provide screening.
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SECTION 35
PIPELINES AND OTHER UTILITY CORRIDORS
35.1
Any development involving pipeline and/or power line transmission rights-of-way shall be sited to
comply with all relevant federal and provincial legislation. Setbacks from pipelines and other utility
corridors shall be in accordance with Part 2 of the Subdivision and Development Regulation and
any other appropriate Provincial or Federal Regulations or Acts, and any regulations or directives
established by the Alberta Energy Regulator (AER) or the Canada Energy Regulator (CER).
SECTION 36
RAILWAYS
The following setbacks shall be applied to subdivision or development applications adjacent to a CPR right-
of-way where it is determined necessary or prudent to do so.
Residential
36.1
A residential or a grouped residential subdivision should not be approved unless the parcel size is
sufficient to allow the dwelling to be setback a minimum of 30.0 m (98 ft) of the CPR property line.
36.2
A development application for a new residential dwelling on a previously undeveloped parcel
should not be approved if the structure is located within 30.0 m (98 ft) of the CPR property line.
36.3
In a hamlet, a development application for a new residential dwelling on a previously undeveloped
parcel located within 30.0 m (98 ft) of the CPR property line may be approved at the discretion of
the Municipal Planning Commission, subject to the owner entering into and signing a Save
Harmless Agreement with Vulcan County, that shall be registered on the land title by caveat prior
to the development permit being issued.
37.4
An unoccupied accessory building, such as a garage, storage shed, etc., may be permitted closer
than 30.0 m (98 ft), with the applicable land use district minimum setbacks to apply.
Non-residential
36.5
Non-residential developments not serviced by rail should be setback from the track centre line a
minimum distance of 15.24 m (50 ft).
Conditions of Approval
36.6
The Development Authority may require the erection of a berm, having regard for the standards
in the Guidelines for New Development in Proximity to Railway Operations (2013), as a condition
of development or subdivision approval, where the minimum setback from the CPR property line
cannot be achieved.
36.7
As a condition of approval the Development Authority, at its discretion, may place other conditions
on a development permit including the requirement that the developer install a chain link fence
along the common property line of the railway, address drainage issues, or other such matters it
considers necessary.
SECTION 37
SOUR GAS FACILITIES
37.1
A residence, rural public facility or residential subdivision shall be set back such distance from a
sour gas facility as the Development Authority considers reasonable and appropriate, having
regard to the comments of the Alberta Energy Regulator and the owner of the sour gas facility.
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37.2
The Development Authority shall solicit and consider the comments of the Alberta Energy
Regulator and the owner of the sour gas facility if a development application:
(a)
proposes to locate a residence or a rural public facility within 100 m (328 ft) of a Level 1 sour
gas facility, unless the facility is a pipeline;
(b)
proposes to locate a residence within 100 m (328 ft) of a Level 2 sour gas facility;
(c)
proposes to locate a rural public facility within 500 m (1,640 ft) of a Level 2 sour gas facility;
(d)
proposes to locate a residence within 100 m (328 ft) of a Level 3 or 4 sour gas facility;
(e)
would result in unrestricted country development, namely, more than eight dwellings per
quarter section within 500 m (1,640 ft) of a Level 3 or 4 sour gas facility; or
(f)
proposes to locate a rural public facility within 1.5 km (0.9 miles) of a Level 3 or 4 sour gas
facility.
SECTION 38
SHIPPING CONTAINERS
General Standards
38.1
An application for a development permit for a proposed shipping container(s) shall be
accompanied by at least two recent colour photographs of each container (one end view and one
side view).
38.2
There shall be a principal use on the property where the shipping container is proposed.
38.3
All shipping containers (except those used for accessory purposes to an agricultural use) shall be
located in the rear or side yards only, and in accordance with the requirements of the appropriate
land use district.
38.4
The maximum number of shipping containers allowed on a lot shall be regulated by the
Development Authority.
38.5
Where multiple shipping containers are allowed on a lot they shall be stacked no more than two
containers high.
38.6
The Development Authority may require as a condition of approval that any shipping container to
be located in the Hamlet Residential, Grouped Reservoir Residential or Grouped Country
Residential land use district must be modified (i.e. painted) to the satisfaction of the Development
Authority so as to improve its appearance and compatibility with the land use district.
38.7
The Development Authority may require as a condition of approval that any shipping container be
screened from view or landscaped and/or cleaned or painted a uniform colour.
38.8
Shipping containers shall not display advertising, company logos, names or other marketing
without an approved development permit for a sign, which may be applied for as part of the
development permit application for the shipping container.
38.9
The Development Authority may regulate the time period for which a development permit is valid
through the issuance of a temporary permit. The validity of a temporary permit shall not exceed
one year.
38.10
A development that proposes to convert shipping containers to use as a building or structure for a
different use may be considered by the Development Authority subject to the following:
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(a)
the use is a permitted or discretionary use in the applicable land use district in which the
development is proposed;
(b)
the shipping container conversion will be able to meet all applicable building and safety code
requirements; and
(c)
the Development Authority is satisfied that the design, character and appearance of the
finished building is compatible with other buildings in the vicinity and that the design,
character and appearance of the building is consistent with the purpose of the land use
district in which the building is located.
(d)
The Development Authority may require engineering reports, structural engineer's stamped
schematic drawings, and building inspection reports in consideration of approving a
development permit for a shipping container conversion.
Temporary Shipping Containers
38.11
A shipping container may be placed temporarily on a construction site, for the period of
construction only, in any land use district without obtaining a development permit subject to the
following provisions:
(a)
the shipping container is needed in connection with construction of a development for which
a development permit has been issued;
(b)
the construction site is active (i.e. construction has commenced and is on-going or is about
to commence within one week); placement of a shipping container on an inactive
construction site is not allowed;
(c)
no more than one shipping container is placed on the construction site (a development
permit will be required for any additional shipping containers that are required);
(d)
the exterior of the shipping container is kept clean and does not display any advertising other
than the company logo or trademark;
(e)
in a hamlet land use district, the shipping container shall be located a minimum of 3.0 m
(10 ft) from the front property line and 1.5 m (5 ft) from the side and rear property lines. On
corner lots, placement of the container shall also comply with the corner lot restrictions;
(f)
in a rural land use district, the placement of the shipping container shall comply with the
minimum setback from roads and property lines;
(g)
the shipping container shall be removed immediately upon completion of construction or
sooner as may be required by the Development Authority.
Shipping Containers Not Requiring A Development Permit
38.12
In accordance with Schedule 3, a maximum number of shipping containers are allowed without
obtaining a development permit subject to the following provisions:
(a)
the shipping containers are associated with an approved use or development;
(b)
the location of the containers comply with the minimum setback from roads and property
lines of the land use district; and
(c)
the shipping containers shall not display advertising, company logos, names or other
marketing.
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SECTION 39
SHOOTING RANGE STANDARDS AND LOCATION CRITERIA
The following standards and criteria will apply for consideration of a development permit application for a
shooting (firing) range, including rifle, pistol, shot guns for skeet shooting and archery.
Application Information
39.1
An application must be accompanied by the following information:
(a)
a comprehensive site plan illustrating the location of the range and any buildings on the
parcel of land, accessory buildings or structures, access and egress to the parcel, parking
areas, landscaping, utility easements or corridors. For outdoor ranges, the site plan, or
supplementary plan, must illustrate or identify the adjacent land uses within the 2.4 km (1.5
miles) setback distance prescribed in Section 40.2 below;
(b)
a surveyed site plan;
(c)
the type of water and sewer servicing proposed;
(d)
evidence demonstrating compliance with operating licences required by federal or provincial
laws;
(e)
evidence that the proposal will conform to the Firearms Act, and Shooting Ranges Regulations
and the RCMP Range Design and Construction Guidelines for Shooting Ranges.
Setbacks
In addition to firing range standards administered by the province, the following minimum separation
distances shall be required between firing ranges and land uses that would be sensitive to gunshot noise
and range activity:
39.2
Setbacks for outdoor shooting (firing) ranges are:
(a)
2.4 km (1.5 miles) from schools, residences, campgrounds, hospitals, parks, playgrounds,
churches and other institutions, recreational trails, shopping centres, and known habitat of
rare, threatened or endangered animal species, migratory bird sanctuaries, protected natural
areas designated under legislation, deer wintering areas, and industrial areas.
39.3
The direction of fire and orientation of ranges approved must not be toward a public highway,
road, trail, developed area or public use area.
39.4
For outdoor archery ranges, the applicable minimum land use district setbacks apply, however, the
direction of fire and orientation of ranges approved must not be toward a public highway, road,
trail, developed area or public use area.
39.5
Indoor shooting (firing) ranges must be located no closer than 152.4 m (500 ft) to the nearest
residence.
Accessory Buildings
39.6
Accessory buildings may be permitted at a firing shooting range provided they are used for
purposes incidental to the firing range such as:
(a)
firearm safety training;
(b)
hunter education;
(c)
fundraising and social activities that support a shooting club or organization;
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(d)
grounds or building maintenance; and
(e)
sale of items for the convenience of range users, such as snack foods.
Public Consultation
39.7
Public notification is required prior to the Development Authority rendering a decision on a
development permit application. Notification shall be sent to landowners within a 1.6 km
(1.0 mile) distance of the site on which a firing range is being proposed.
39.8
The Development Authority may, prior to rendering a decision, require the applicant to hold a
public meeting with landowners within a 2.4 km (1.5 miles) distance of the site. If this is required,
then the applicant must submit a report regarding the public response to the proposal and copies
of all written submissions.
Other Required Approvals
39.9
Notwithstanding that a development permit may be approved by the municipality, this in no way
exempts an applicant from being responsible for obtaining all required federal or provincial
licenses or approvals.
39.10
As a condition on a development permit approval, the Development Authority may require that
the applicant provide a copy of all federal or provincial licenses, approvals or refusals issued by
federal or provincial authority with the municipality.
SECTION 40
SIGNS
40.1
The following definitions apply for use classification purposes:
SIGN, CATEGORY 1 means an object or device intended for the purpose of advertising or calling
attention to any person, matter, thing or event. Sign typology may consist of the following:
election, identification, directional, parking (circulation or restrictions) or real estate.
SIGN, CATEGORY 2 means an object or device intended for the purpose of advertising or calling
attention to any person, matter, thing or event. Sign typology may consist of the following:
awning/canopy, fascia, freestanding, wall, roof or projecting.
SIGN, CATEGORY 3 means a portable object or device intended for the purpose of advertising or
calling attention to any person, matter, thing or event mounted on a standard, column or A-frame
or mounted on a vehicle, trailer or wagon fixed to its own self-contained base and capable of being
moved manually.
40.2
No sign shall be placed or project within a public road allowance or be attached to any object in a
public road allowance except as may be allowed by Alberta Transportation or Vulcan County.
40.3
On privately held land adjacent to provincial highways, the applicant or landowner shall contact
Alberta Transportation to ensure the signage is in compliance with the Alberta Traffic Safety Act
and Highways Development and Protection Act. Where required, a copy of the approved Roadside
Development Permit shall be submitted as part of the application.
40.4
No more than two Category 2 or 3 signs per parcel are allowed, except if the parcel is in an
industrial or commercial land use district.
40.5
All signs shall be maintained in a safe and tidy manner to the satisfaction of the Development
Authority.
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40.6
A sign shall not be approved where it may negatively affect traffic safety.
40.7
As a condition of approval, the Development Authority may regulate the size, location, materials
and design of the sign to ensure that the quality of the sign is suitable in its proposed location.
40.8
Signs proposed to contain any form of illumination (static or non-static) or digital messaging shall
be subject to the following:
(a)
The illumination for any sign shall be suitably shielded so to not create a direct glare upon
the surrounding site, or roadways.
(b)
Signs operating or employing a non-static component, like animation, scrolling, flashing,
video, motion picture, laser, or other similar projection devices may only be allowed in
commercial or industrial districts, at the discretion of the Development Authority.
(c)
In no case shall a non-static illuminated or digital sign employ any feature that may have the
potential to disrupt the safe operation of motor vehicles.
(d)
The Development Authority may regulate any aspect or component of a static or non-static
illuminated or digital sign, including the interval of operation, message duration, luminosity,
or any other feature.
CATEGORY 1 SIGNS
40.9
No permit is required for the following signs and these signs may be located within the required
setback from roads or property lines as established in this Bylaw provided they do not exceed
1.9 m2 (20 ft²) or the size stipulated below:
(a)
farm/oil and gas identification sign,
(b)
dwelling sign or address,
(c)
real estate signs,
(d)
election signs,
(e)
parking signs,
(f)
directional signs not greater than 1.9 m2
(20 ft2), and
(g)
home occupation signs not greater than
3.0 m2 (32 ft2) in conjunction with an
approved development permit.
CATEGORY 2 SIGNS
40.10
Awning and Canopy Signs
(a)
Awning and canopy signs should only be allowed in
commercial and industrial districts.
(b)
No person should erect an awning sign, a canopy sign, or an
under-canopy sign unless such sign is at clearance a minimum
of 2.1 m (7.0 ft) from the average ground level at the face of
the building; and does not project more than 3.0 m (10 ft)
from the face of the building or structure to which it is
attached.
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(c)
Awning or canopy signs which encroach into a road right-of-
way may be required to enter into an encroachment
agreement with the municipality.
40.11
Billboards
(a)
The area of a billboard shall be a minimum of 19.9 m2 (215 ft2)
and a maximum of 46.5 m2 (500 ft2) and the bottom of the
sign shall be a maximum 4.6 m (15 ft) above grade.
(b)
Not more than one billboard shall be erected within 800 m
(2625 ft) of an existing billboard.
(c)
A billboard may be allowed in a setback area as established in
this Bylaw but must be a minimum of 3.0 m (10 ft) from the
property line.
40.12
Fascia Signs
(a)
Fascia signs should not be located above any portion of a
roadway, or project over public property unless there is a
minimum clearance from grade of 2.4 m (8 ft) and a maximum
projection of 0.3 m (1 ft).
(b)
A fascia sign should not exceed 15 percent of the visible area
of the façade of each wall of the building on which it is located
and may be illuminated.
40.13
Freestanding Signs
(a)
The maximum area of a freestanding sign shall not exceed 12.0 m² (130 ft2).
(b)
The bottom of a freestanding sign should be a minimum of 1.8 m (6 ft) above grade and the
space between the bottom of the sign and the grade should be unobstructed, except for such
supports as the sign may require and be placed on a permanent foundation.
(c)
A freestanding sign may be located within a setback area as established in this Bylaw but
must be a minimum of 3.0 m (10 ft) from the property line.
40.14
Projecting Signs
(a)
The nearest edge of a projecting sign should not extend more than 0.3 m (1 ft) from the
building face.
(b)
No projecting sign should be erected so that the bottom thereof is less than 3.6 m (12 ft) or
more above grade.
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(c)
The maximum area of a projecting sign should be 4.6 m² (50 ft2).
40.15
Roof Mount Signs
(a)
Roof signs should be placed on, above or be incorporated as
part of the roof of a building.
(b)
The maximum area is limited to 50 percent of the copy face
which may be allowed to project above the roof of a building.
40.16
Wall and Painted Wall Signs
(a)
Wall signs should be securely fastened to walls and shall have a maximum horizontal
dimension of 6.1 m (20 ft).
(b)
Only one painted sign per wall is allowable and shall not exceed 3.1 m (10 ft) in height and
9.1 m (30 ft) in length.
CATEGORY 3 SIGNS
40.17
Portable Signs
(a)
The maximum area of a portable sign shall be 5.1 m² (55 ft2).
Larger signs will require a variance to be granted.
(b)
Portable signs will not require a permit when in place for no
more than 30 consecutive days in a calendar year. Permits
will be required for a portable sign proposed on site for more
than 30 days and shall not exceed a maximum of 90 total days
in a calendar year. In accordance with Schedule 3, portable
signs exceeding 30 days and erected by the County, Alberta
Transportation, CPR, or the RCMP do not require a
development permit.
(c)
Signs mounted, painted, placed on, attached or affixed to a
trailer, truck, automobile, or other form of motor vehicle so
parked or placed so that the sign is discernible from a public
street or right-of-way as a means of communication for the
purpose of conveying a message or advertising require a
development permit.
(d)
A portable sign may, at the discretion of the Development Authority, be allowed in a setback
area as established in this Bylaw but must be a minimum of 3.0 m (10 ft) from the property
line.
SECTION 41
SOFT SHELLED BUILDINGS
Soft shelled buildings (i.e. tent garages) are to be considered as permanent buildings or structures and must
meet the required setbacks, maximum height, maximum site coverage and other applicable standards of
the bylaw. Development permit applications (where not eligible for an exemption under Schedule 3)
involving soft-shelled buildings shall be considered with regard to the following:
41.1
Soft shelled buildings shall not be located:
(a)
in the front or side yard in any hamlet or Grouped Reservoir Residential district;
(b)
shall not be located in the front yard within all other districts; and
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(c)
shall not be located within the required setback from a public road or on an easement.
41.2
A soft shelled building shall be setback a minimum 3.0 m (10 ft) from the principal dwelling and
from all other structures on the same lot.
41.3
A soft shelled building must be securely tethered and anchored to the ground in accordance with
provincial safety code requirements. Additionally, all fabric covers must be securely tethered to
the structures' frame.
41.4
A soft shelled building shall be maintained in a good state of repair, free of rips and tears.
SECTION 42
WORK CAMPS
42.1
All work camps shall be developed in compliance with the Work Camps Regulation, Public Health
Act, Alberta Regulation 218/2002 as amended.
42.2
A conceptual scheme shall be provided, to the satisfaction of the Development Authority, which
indicates the location, design standards and site requirements of the following:
(a)
common accessory uses and services, such as washrooms, laundromats, recreational
buildings, retail stores, food concessions, fire pits, fire wood storage;
(b)
lighting;
(c)
water supply;
(d)
wastewater disposal facilities;
(e)
solid waste collection facilities; and
(f)
any other similar uses or services that may be associated or required for the development of
a work camp.
42.3
The following regulations shall be applied in designing the work camp site plan:
(a)
the road system shall be properly signed for users and for emergency response vehicles, and
shall be sensitive to the topography and environmental characteristics of the site;
(b)
roads shall be surfaced to the satisfaction of the Development Authority;
(c)
all utility services and all utility wires and conduits shall be provided as required by the
Development Authority; and
(d)
setbacks shall be in accordance with the regulation of the applicable land use district.
SECTION 43
DATA PROCESSING OPERATION
43.1
An application for a data processing operation shall be accompanied by the following additional
information:
(a)
floor plans, elevations and renderings conveying all proposed buildings and structures that
will form part of the facility including trailers, shipping containers, semi-trucks and related
storage buildings;
(b) a breakdown of the number of computer units, fans and any pertinent information
concerning their anticipated noise impacts;
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(c) noise impact assessment (NIA) completed by a qualified professional which measures sound
from the proposed facility to the nearest dwelling/ or building. The assessment shall be
undertaken in accordance with the principals specified in the AUC Rule 012 or a comparable
standard, regardless of whether the proposed operation involves the on-site generation of
electric energy.
(d) a fire protection plan; and
(e) any other information that may be required by the Development Authority.
43.2
Proposals for data processing operations integrating an on-site power plant or backup power
source shall indicate the total MW at full build-out, and any pertinent information concerning their
anticipated noise impacts. All structures related to energy generation shall be indicated on the site
plan.
43.3
An application for a data processing operation that draws its power from the electricity grid shall
be accompanied by verification in writing from the electrical service provider that the projected
consumption of the proposed use can be accommodated and that the utility supply equipment
and related infrastructure is sufficiently sized to accommodate the proposal.
43.4
The applicant using on-site power plant generation shall submit:
(a)
a proof of exemption of an approval for applications utilizing an on-site plant generating less
than 10 megawatts (MW)
(b) a copy of any approvals required for applications utilizing an on-site power plant generating
10 MW or more.
43.5
At all times during the operation of the data processing operation noise compliance shall be:
Dwelling density per quarter section of land
Proximity to Transportation
1 to 8 dwellings
9 to 160 dwellings
Greater than 160
dwellings
Daytime
Nighttime
Daytime
Nighttime
Daytime
Nighttime
Category 1
50 dB
40 dB
53 dB
43 dB
56 dB
46 dB
Category 2
55 dB
45 dB
58 dB
48 dB
61 dB
51 dB
Category 3
60 dB
50 dB
63 dB
53 dB
66 dB
56 dB
Category 1: dwelling(s) distance is more than or equal to 500 metres (m) from heavily travelled roads or
rail lines and not subject to frequent aircraft flyovers from proposed development.
Category 2: dwelling(s) distance is more than or equal to 30 m, but less than 500 m from heavily travelled
roads or rail lines and not subject to frequent aircraft flyovers from proposed development.
Category 3: dwelling(s) distance is less than 30 m from heavily travelled roads, or rail lines or subject to
frequent aircraft flyovers from proposed development.
Daytime
Nighttime
Other parcels zoned for Industrial purposes
75 dB
70 dB
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43.6
Facilities used in conjunction with data processing operations shall integrate noise management
strategies to achieve noise compliance, including but not limited to exhaust baffles, roof and site
extensions on the exhaust side of buildings, sound-absorbent padding, and fire-resistant sound-
absorbing walls. Where the above mentioned measures do not adequately mitigate sound to
achieve noise compliance specified in section 44.5, more sophisticated sound mitigation shall be
required prior to the commencement of operations.
43.7
In response to noise complaints:
(a)
by residents, the data processing operation that is subject to those complaints may, at the
discretion of the Development Authority, be required to undertake sound level testing at the
location of most affected dwelling to demonstrate that the noise threshold is not exceed.
(b) by operators of other properties within the industrial or other adjacent land use district, the
Development Authority may determine that noise compliance testing is required to
demonstrate compliance.
(c) any required compliance testing shall be undertaken at the expense of the applicant.
Schedule 6
TELECOMMUNICATION SITING PROTOCOL
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Schedule 6
TELECOMMUNICATION SITING PROTOCOL
This Schedule serves as the protocol for the installation and modification of telecommunication, radio-
communication and broadcasting antenna systems (antenna systems) in Vulcan County. The protocol establishes
the procedural standard for public participation and consultation that applies to proponents of antenna systems and
identifies Vulcan County's preferred development and design standards.
SECTION 1
APPLICABILITY
The federal Minister of Industry is the approval authority for the development and operation of antenna
systems, pursuant to the Radiocommunication Act. Innovation, Science and Economic Development
Canada recognizes the importance of considering input from local Land Use Authorities and the public
regarding the installation and modification of antenna systems and encourages land use authorities to
establish a local protocol to manage the process of identifying and conveying concerns, questions and
preferences to the proponent of an antenna system and Innovation, Science and Economic Development
Canada.
The local protocol established in this Schedule applies to any proposal to install or modify a
telecommunication, radiocommunication or broadcast antenna system within Vulcan County which is not
excluded from the consultation requirements established by Innovation, Science and Economic
Development Canada in Client Procedures Circular CPC-2-03 (or subsequent/amended publications).
Proponents of excluded antenna systems are nevertheless encouraged to contact Vulcan County to discuss
the proposal and identify any potential issues or concerns and give consideration to the development and
design standards in Section 3 of this Schedule.
Antenna Systems Siting Protocol Exclusion List:
1.1
Innovation, Science and Economic Development Canada has determined that certain antenna
structures are considered to have minimal impact on the local surroundings and do not require
consultation with the local Land Use Authority or the public. Innovation, Science and Economic
Development Canada's publication, Radiocommunication and Broadcast Antenna Systems CPC-2-
0-03 lists the types of antenna installations exempted from the requirement to consult with the
local Land Use Authority and the public. The installations listed in CPC-2-03 are therefore excluded
from the Siting Protocol, which currently include:
(a)
maintenance of existing radio apparatus including the antenna system, transmission line,
mast, tower or other antenna-supporting structure;
(b)
addition or modification of an antenna system (including improving the structural integrity
of its integral mast to facilitate sharing), the transmission line, antenna-supporting structure
or other radio apparatus to existing infrastructure, a building, water tower, etc. provided the
addition or modification does not result in an overall height increase above the existing
structure of 25 percent of the original structure's height;
(c)
maintenance of an antenna system's painting or lighting in order to comply with Transport
Canada's requirements;
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(d)
installation, for a limited duration (typically not more than 3 months), of an antenna system
that is used for a special event, or one that is used to support local, provincial, territorial or
national emergency operations during the emergency, and is removed within three months
after the emergency or special event; and
(e)
new antenna systems, including masts, towers or other antenna-supporting structure, with a
height of less than 15.0 m above ground level.
1.2
Proponents who are not certain if their proposed structure is excluded, or whether consultation
may still be prudent, are advised to contact Vulcan County or Innovation, Science and Economic
Development Canada for guidance.
SECTION 2
MUNICIPAL REVIEW AND ISSUANCE OF CONCURRENCE OR NON-CONCURRENCE
2.1
The Municipal Planning Commission shall be responsible for reviewing and issuing municipal
concurrence or non-concurrence for all antenna system proposals within Vulcan County which are
not excluded under Section 1.1 of this Schedule.
2.2
Concurrence with a proposal will be measured against the requirements of the applicable land use
district within which the antenna system is proposed, the development and design standards in
Section 3 of this Schedule, applicable policies of the Vulcan County Municipal Development Plan,
and consideration of comments received during the public consultation process (Section 5 of this
Schedule) and any other matter deemed relevant by the Municipal Planning Commission:
(a)
when a proposal is given a concurrence decision, the proponent will receive a letter of
concurrence from the Municipal Planning Commission documenting its decision and any
conditions;
(b)
when a proposal is given a non-concurrence decision, the proponent will receive a letter of
non-concurrence from the Municipal Planning Commission describing the reasons for the
decision.
2.3
Municipal concurrence does not constitute approval of uses, buildings and structures which
require issuance of a development permit under the Land Use Bylaw. A proposal which includes
uses, buildings or structures in addition to the antenna system, is required to obtain development
permit approval for such uses, buildings and structures in accordance with the provisions of the
Land Use Bylaw.
SECTION 3
DEVELOPMENT AND DESIGN STANDARDS
Vulcan County requests that the following antenna systems development and design standards be adhered
to:
Co-utilization
3.1
Co-utilization of existing antenna systems is the preferred option within Vulcan County and is
encouraged whenever feasible. Vulcan County recognizes that while this is the preferred option,
co-utilization of existing antenna systems is not always possible.
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Public Roadway Setbacks
Rural:
3.2
In order to facilitate future widening/service road dedication and reduce potential snow
drifting/sight restrictions, an antenna system (including any guy wires or similar support
mechanisms) should be placed no closer than 30.5 m (100 ft) from the registered road right-of-
way. A lesser setback may be considered at the discretion of the Municipal Planning Commission
on a site-specific basis.
Hamlet:
3.3
An antenna system (including any guy wires or similar support mechanisms) proposed within a
hamlet should be placed no closer than 7.62 m (25 ft) from the property line abutting the public
road. A lesser setback may be considered at the discretion of the Municipal Planning Commission
on a site-specific basis.
Locational Criteria
3.4
Antenna systems should maintain an adequate setback from coulees and steep slopes, consistent
with the setback requirements in Schedule 4, Land Suitability and Servicing Requirements.
3.5
Proponents should consult the Vulcan County Environmentally Significant Areas (1988) or
Environmentally Significant Areas of Alberta as identified by Alberta Environment and Parks, to
determine whether the proposed location of the antenna system is within an environmentally
significant area. If the proposed site of the antenna systems is located within an identified
environmentally significant area, the proponent should submit documentation to the Municipal
Planning Commission demonstrating site suitability.
Lighting and Signage
3.6
Aerial crop spraying is a regular occurrence in Vulcan County and vital to the Municipal
Development Plan goal of supporting agricultural pursuits. While aerial crop sprayers are
encouraged to undertake comprehensive site reconnaissance, it is the preference of Vulcan County
that all antenna systems be lighted and marked as follows to help minimize aeronautical hazard:
(a)
the antenna should be marked with alternating bands of aviation orange and white paint or
other approved Transport Canada colour combinations;
(b)
the top of the antenna should be lit with a flashing strobe light or other Transport Canada
approved lighting;
(c)
the antenna guy wires (or other similar support cables, lines, wires) should be marked with
aviation balls or other Transport Canada approved markers.
3.7
Proponents for antenna structures which are visible from higher density residential areas may be
requested to employ innovative design measures to mitigate the visual impact of these structures.
The proponent shall provide stealth structure options when requested by the municipality. Stealth
structure options will be based on an evaluation of the massing, form, colour, material, and other
decorative elements, that will blend the appearance of the facility into and with the surrounding
lands.
3.8
The placement of signage on antenna systems is not permitted, except where required by
applicable federal agencies.
4 | SCHEDULE 6
Land Use Bylaw No. 2020-028
SECTION 4
APPLICATION SUBMITTAL REQUIREMENTS
4.1
Proponents are encouraged to contact Vulcan County in advance of making their submission to
obtain information about the County's Antenna Systems Siting Protocol and identify any
preliminary issues or concerns.
4.2
The following application package shall be submitted to Vulcan County for consideration of a
proposed antenna system:
(a)
a completed Telecommunication Antenna Siting Protocol application, including site plan;
(b)
the prescribed fee;
(c)
a description of the type and height of the proposed antenna system and any guy wires or
other similar support mechanisms (e.g. support cables, lines, wires, bracing);
(d)
the proposed lighting and aeronautical identification markings for the antenna and any
supporting structures;
(e)
documentation regarding potential co-utilization of existing towers within 800 m (0.5 miles)
of the subject proposal; and
(f)
any other additional information or material the Municipal Planning Commission determines
to be necessary and appropriate to properly evaluate the proposed submission.
4.3
Proposals for freestanding telecommunication antennas shall not be required to obtain a
development permit unless buildings or structures are also proposed in addition to the antenna
system and supporting structures. For such proposals, the following shall be submitted in addition
to the requirements of 6(b):
(a)
a completed development permit application;
(b)
the prescribed fee.
SECTION 5
NOTIFICATION AND PUBLIC CONSULTATION PROCESS
5.1
Proponents are required to formally notify the Development Authority of their intent to make a
submission to obtain a letter of concurrence regarding the siting of a telecommunication antennas
within Vulcan County prior to landowner notification or advertisement of the proposed project.
5.2
If required by the Municipal Planning Commission, the proponent shall hold a public information
meeting regarding their development proposal and should proactively explain all aspects of the
siting, technology and appearance of the proposed structure.
5.3
Once approval to proceed to public consultation has been given by the Municipal Planning
Commission, the applicant or the municipality will notify all land owners within:
(a)
a distance of 1.6 km (1 mile) of the proposed structure 20.0 m (66 ft) in height or less; or
(b)
a distance of 3.2 km (2 miles) of the proposed structure greater than 20.0 m (66 ft); and
(c)
all costs of the notification are borne by the applicant.
Land Use Bylaw No. 2020-028
SCHEDULE 6 | 5
5.4
With each notification to adjacent landowners, the proponent will be responsible to submit a letter
providing information regarding the location of the tower, physical details of the tower, the time
and location of the public information meeting, and a contact name and phone number of
someone employed by the proponent who can answer questions regarding the proposal. The
notifications should be sent 25 days prior to the public meeting.
5.5
Within 25 days from date of circulation of the notification or the date of the public information
meeting, the proponent will be responsible to provide the Municipal Planning Commission with a
summary of the meeting indicating the topics discussed, additional concerns raised with
resolutions, and any outstanding issues that the proponent and/or landowners could not resolve.
5.6
Where the public process has raised unresolved concerns, Vulcan County will request a ruling by
Innovation, Science and Economic Development Canada prior to the issuance of a letter of
concurrence
APPENDIX A
FORMS AND FEES
APPLICATION FOR DEVELOPMENT PERMIT
OFFICE USE ONLY
Application No.
Roll No.
Deemed Complete
Date of Completion
Yes
No
Date Received
Division
Land Use District
Application Fee ($)
Fire Dept.
Use
Date Application Fee Received
Gas Coop
Land Title Verified
Yes No
Applicant Name:
Phone:
Email:
Mailing Address:
IF APPLICANT IS NOT THE REGISTERED OWNER
Applicant's Interest In Property Agent
Contractor
Tenant
Other:
Registered Owner's Name:
Phone:
Email:
Mailing Address:
Quarter:
Section:
Township:
Range:
W4M
Plan:
Block:
Lot:
Municipal Street Address (If Applicable):
Parcel Area
Acres:
Hectares:
Existing Development
Please detail existing buildings, structures, uses, and improvements existing on the parcel.
(If they will be altered as part of this application, please detail the improvements)
1) APPLICANT AND LAND INFORMATION
Proposed Development
Please detail the proposed development including uses, buildings, structure, and any other planned
renovations or improvements; including the dimensions of each.
Estimated Commencement Date:
Estimated Completion Date:
Estimated cost of the project ($):
For residential developments please check all applicable boxes below:
Single detached dwelling
Manufactured home 1 (new)
Semi-detached dwelling
Manufactured home 2 (previously occupied)
Ready-to-move home (new)
Accessory building to approved use
Moved-in dwelling (previously occupied)
Accessory building prior to principal building
Modular home
Other:
Access
Is the parcel adjacent to an existing developed roadway?
Yes
No
Is the parcel currently subject to an Approach Agreement with Vulcan
County?
Yes
No
Servicing
Please indicate how the proposed development will be serviced
Water Supply
Sewer Servicing
Cistern
Well
Dugout
Coop
Septic Tank
Septic Field
Communal
Other:
Other:
Location
Please indicate if any of the following are within 1.6 km (1 mile) of the proposed development
Provincial Highway
Confined Feeding Operation
Sour gas well or pipeline
Sewage Treatment Plant
Waste Transfer Station or Landfill
River or Waterbody
Please indicate if any of the following are within 800m (1/2 mile) of the proposed development
Slope of 15% or greater
Existing multi-lot residential subdivision
2) DEVELOPMENT DETAILS
3) Other
I/We have read and understand the terms noted below and hereby apply for a development permit to carry out the
development described within this application including any attached forms, plans, and documents.
I/We hereby certify that all plans and information submitted are, to the best of my knowledge, true and correct.
I/We hereby certify that the registered owner of the land is aware of and in agreement with this application.
I/We hereby give consent to allow authorized persons the right to enter the subject land and/or building(s) for the
purpose of an inspection with respect to this application.
Date:
Applicant's Signature:
Date:
Registered Owner's Signature:
(Required If Different from Applicant)
1.
The Development Permit Application is to be submitted along with the application fee as described in the Fees for
Service Bylaw and any additional information as indicated in Appendix A.
2.
The County office will then notify adjacent landowners and may place an ad in the Vulcan Advocate
respecting the proposed development.
3.
You will receive a copy of the Notice of Decision and Development Permit Application in the mail dated the day the
Development Permit was approved, although the Development Permit is not valid until 21 days after the Date of
Issue of Notice of Decision.
4.
The Development Permit is subject to all conditions specified on the Development Permit.
5.
After the advertisement period a copy of the Development Permit and Notice of Decision will be sent to all relevant
stakeholders which may require a copy of the approved development permit.
6.
If your application has been refused or approved subject to conditions set forth by the Development Authority, you
can appeal the decision to the SUBDIVISION AND DEVELOPMENT APPEAL BOARD or LAND AND PROPERTY
RIGHTS TRIBUNAL, as specified on in the Development Permit or Notice of Refusal. If an applicant wishes to
appeal the decision, a written notice of appeal must be served to the Vulcan County Planning and Development
Department within 21 days of the Date of Issue of Notice of Decision. Vulcan County's Planning and
Development Department will then forward the appeal to the relevant appeal body. Appeals may be mailed to:
VULCAN COUNTY PLANNING AND DEVELOPMENT
180 VULCAN, ALBERTA T0L 2B0
Phone 403-485-2241
Fax 403-485-2920
4) Declaration
5) Development Permit Process
SIGN
SIGN
APPENDIX A - Additional Information
All items indicated below by the Development Authority are required for an application to be deemed complete.
-
Site Plan, including:
o
Location of the proposed development on the parcel, and
o
Distances from the proposed development to existing structures and property lines.
-
Identification of any potential impacts the proposed development may have on the enjoyment or use
of nearby lands, including:
o
A summary of potential impacts, and
o
Steps to be taken to minimize impacts on nearby lands.
-
Summary of any consultation with any people who may be affected by the proposed development,
including:
o
How consultation was implemented;
o
Who was successfully contacted;
o
Summary of comments from affected parties, and
o
Steps to be taken to address any concerns raised.
-
Overview of Existing Site Conditions, including:
o
Existing vegetation, waterbodies, and any unique species or topographical features;
o
Description and justification for proposed changes or impacts on existing vegetation,
waterbodies, and any unique species or topographical features
-
Description of Proposed Operations, including:
o
Hours of Operation;
o
Hours of Construction, and
o
Site Security and, where necessary, signage.
-
Transportation Plan, including:
o
Proposed use of existing roads including, where necessary, haul routes, and
o
Proposed construction of new roads, including the proposed standard of construction
-
Waste Management Plan.
-
Reclamation Plan.
-
Historical Resource Overview (HRO) and, if necessary, a Historical Resource Impact Assessment.
-
Biophysical Impact Assessment.
-
Geotechnical Report, including Slope Stability Analysis if any slopes are greater than 15%.
-
Stormwater Management Plan.
-
Water/Wastewater Servicing Strategies.
-
Traffic Impact Assessment.
-
Phase 1 Environmental Site Assessment.
-
Groundwater Impact Analysis and Soils Study.
-
Erosion Control Strategy.
-
Architectural Control Guidelines.
-
Other:
102 Centre Street, Vulcan Alberta T0L 2B0 Phone (403) 485-2241
www.vulcancounty.ab.ca Fax (403) 485-2920
A P P L I C A T I O N F O R A B Y L A W A M E N D M E N T
APPLICANT:
Telephone:
ADDRESS:
Fax:
Bus/Cell:
REGISTERED OWNER:
Telephone:
LEGAL DESCRIPTION: Lot(s) Block Plan
OR: Quarter Section Township Range W M
PROPOSED AMENDMENT:
From:
To:
APPLICANT'S SUBMISSION: Please state your reasons for applying for this amendment and if applicable, supply
details of future plans/development, complete with sketches that illustrate the proposal. Attaching separate sheets will be
necessary.
REGISTERED OWNER OR PERSON ACTING ON BEHALF OF: I/we agree to the collection and sharing of this
information contained in this application, and any other information that may be required to verify and evaluate this
application as explained above. I have submitted particulars concerning the completion of the proposed development
and agree to comply in all respects with any conditions that may be attached to any development permit that is issued
and with any other bylaws that are applicable. I am aware that I may be required to pay for all local improvement costs,
which include drainage, sidewalks, road construction, street lighting, water and sewer main extensions, utility connection
fees and installation costs at the present established rate.
I have read and understand the terms noted above and hereby apply for that described above and/or on the attached
plans and specifications. I further certify that the registered owner(s) of the land described above is aware of this
application.
DATE:
SIGNED:
DATE:
SIGNED:
Applicant (s)
Please note that all information that you provide will be treated as public information in the course of the municipality's consideration of
the development application pursuant to the MGA RSA 2000 Chapter M-26 and the Land Use Bylaw. By providing this information, you
are deemed to consent to its public release. Information you provide will only be used for purposes related to the evaluation and
consideration of the development application. Questions about information can be directed to the FOIPPA Coordinator, Box 180, Vulcan
AB T0L 2B0, 403-485-3102.
I,
, hereby consent to the public release and disclosure of all information contained within the
application and supporting documentation as part of the subdivision/development process.
Applicants Signature:
Date Signed:
FOR OFFICE USE ONLY
Form I
Application No.
Fees Submitted: $
Site Inspection:
Date of Application:
PART 1 - APPLICANT INFORMATION
Name of
Applicant
(please print):
Phone (primary):
Mailing Address:
Phone (alternate):
Fax:
Email:
Postal Code:
Check this box if you would like to
receive documents through email.
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Phone:
Alternate:
Mailing Address:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other _____________________________
Postal Code:
PART 2 - PROPERTY INFORMATION
Municipal Address:
Legal Description:
All/Part ____ ¼ Section ____ Twp ____ Range ____ W of ____ Meridian
Lot(s)
Block
Plan
Land Use District:
Parcel size/area:
What is the existing use?
V U L C A N C O U N T Y
T E L E C O M M U N I C A T I O N S I T I N G
P R O T O C O L
A P P L I C A T I O N & C H E C K L I S T
IF "NO" please complete box below
PART 3 - DETAILS OF THE PROPOSED DEVELOPMENT
What currently exists on the parcel?
What will the antenna / tower be used for?
Are there any roads or approaches on the parcel? (THIS DOES NOT INCLUDE OIL/GAS FACILITY
ACCESSES)
TOWER SIZE
Overall tower height _____________ m ft
Commencement Date: ______________________
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of
the facts. I also consent to an authorized person designated by the municipality to enter upon the subject land
and buildings for the purpose of an inspection during the processing of this application.
APPLICANT
Registered Owner (if not the same as applicant)
Please note that all information that you provide will be treated as public information in the course of the municipality's consideration of the
development application pursuant to the MGA RSA 2000 Chapter M-26 and the Land Use Bylaw. By providing this information, you are deemed
to consent to its public release. Information you provide will only be used for purposes related to the evaluation and consideration of the
development application. Questions about information can be directed to the FOIPPA Coordinator, Box 180, Vulcan AB T0L 2B0, 403-485-2241.
I, ________________________________________ , hereby consent to the public release and disclosure of all information contained within
the application and supporting documentation as part of the subdivision/development process.
Applicant's Signature:
Date Signed:
V U L C A N C O U N T Y
T E L E C O M M U N I C A T I O N S I T I N G
P R O T O C O L
A P P L I C A T I O N & C H E C K L I S T
TELECOMMUNICATION SITING PROTOCOL CHECKLIST
A COMPLETED APPLICATION REQUIRES:
1. A completed checklist
2. Non-refundable application fee
3. Signature of ALL landowners
4. Any additional information requested by the Development Authority
CHECKLIST INFORMATION:
-
Failure to complete the Application or supply the required information, plans or fees may cause
delays in application processing.
-
The Development Authority may refuse to accept your application if the required information
has not been supplied or if the quality of the information is inadequate to properly evaluate the
application.
-
Once the information has been reviewed, Vulcan County will either:
o Issue a municipal concurrence letter to the applicant, or
o Issue a letter which outlines the municipality's concerns and/or conditions to the
applicant and Industry Canada
-
Safety code permits may be required for construction of buildings/tower foundations, plumbing,
private sewage systems, and gas or electrical installations (as may be applicable to individual
installations).
FEES
Copying and distribution of required notification letters
$1.50/letter
Payment required for
distribution of letters
will be the application
fee
Distribution of required notification letters
$1.00/letter
If the applicant can prove that notification to all required adjacent landowners has been done, then no fee is
required.
For fees not listed here, please see Vulcan County's Fees for Service Bylaw
CHECKLIST
Please attach a description of the project summarizing the information required in the following table.
REQUIREMENT
IS THIS
REQUIRED?
YES OR NO
SUBMITTED?
YES, NO OR
N/A
CO-UTILIZATION (CO-LOCATION) - RURAL
Are there any other such structures within a radius of 2 miles (3.22 KM)
of the proposed location?
If YES, please provide a site plan showing the locations of these
and provide documentary evidence that co-utilization of the existing
structure(s) is not a viable alternative to a second structure.
CO-UTILIZATION (CO-LOCATION) - HAMLET, GROUPED
COUNTRY RESIDENTIAL OR RESORT RESIDENTIAL
Are there any other such structures within a radius of 1640.42 FT (500
M) of the proposed location?
If YES, please provide a site plan showing the locations of these
and provide documentary evidence that co-utilization of the
existing structure(s) is not a viable alternative to a second
structure.
STEALTH STRUCTURE OPTIONS/SCREENING
Will this structure be visible from residential areas?
If YES, stealth structure options must be used and a description of
the stealth structure options must be submitted to the satisfaction
of the County.
LIGHTING & SIGNAGE
Is there additional lighting planned in addition to what is required by
federal agencies? Please provide a description of all lighting, required
and not required.
What signage will be used? Please describe. No advertising signage
shall be permitted.
NOTIFICATION & PUBLIC CONSULTATION PROCESS
All landowners within a distance of 2 miles (3.22 KM) from the proposed
structure must be notified. Please provide a letter that the County can
circulate on your behalf.
Was an open house completed by the applicant? Minutes from the
open house provided?
The fee for copying and distributing these letters is $1.50/letter.
_______ x $1.50/letter = ______ TOTAL COST
The fee for only distributing these letters is $1.00/letter
_______ x $1.00/letter = ______ TOTAL COST
(NOTE: It should be noted that a general administrative fee may be
added to the cost of facilitating this process in line with the County's
approved Fee Bylaw .)
APPENDIX B
SUBDIVISION POLICIES
Farmstead - flexible
maximum size based on
improvements
Denotes
separate title
Vacant -
Minimum size = 1 acre
Maximum size = 3 acres
Denotes
separate title
Examples of Subdivision Policies
Vulcan County Land Use Bylaw No. 2020-028
Figure 1:
Example of Single Lot Developed
Country Residential subdivision. Rural
General land use district, Schedule 2,
Section 11.9
Figure 2:
Example of Single Lot Vacant
Country Residential subdivision. Rural
General land use district, Schedule 2,
Section 11.10
1
Min. 70 acre residual parcel
80 acre split
Farmstead -
Minimum size = 1 acre
Maximum size = flexible
Vacant -
Minimum size = 1 acre
Maximum size = 3 acres
One subdivision out of
each 80 acre parcel.
Examples of Subdivision Policies
Figure 3:
Example of agricultural subdivision.
Rural General land use district,
Schedule 2, Section 11.4.
Figure 4:
Example of subdivision options for
previously subdivided Rural General
parcel. Rural General land use
district, Schedule 2, Section 11.1(d).
2
- Residual parcel
must be greater than
3 acres
- Maximum 4 titles
per quarter section
Denotes
separate title
Denotes
separate title
- Existing title must be greater
than 6 acres and less than 40
acres.
- Maximum 3 titles per
quarter section
Examples of Subdivision Policies
Figure 5:
Example of Cut-off or Fragmented
Agricultural Parcel subdivision. Rural
General land use district, Schedule 2,
Section 11.6 and 11.7.
Figure 6:
Example of subdivision of Existing
Small Titles. Rural General land use
district, Schedule 2, Section 11.8.
3
Denotes
separate title
Oversize Farmstead -
Maximum size 10 acres
Vacant -
Minimum size = 3 acres
Maximum size = 10 acres
OR
1 Existing
Parcel
Farmstead -
Minimum size = 1 acre
Maximum size = flexible
OR
Vacant -
Minimum size = 1 acre
Maximum size = 3 acres
Proposed Rezone & Subdivision
Examples of Subdivision Policies
Figure 7:
Example of Single Lot Developed and
Single Lot Vacant Country Residential
Subdivision for Small Holdings land
use district. Schedule 2, Section 5.
Figure 8:
Example of subdivision options for
Single Lot Country Residential land
use district. Schedule 2, Section 5.
4
Denotes
separate title
1
6
5
2
3
4
7
8
- Minimum size = 1 acre
-Maximum size = 3 acres
- A maximum of 10 contiguous parcels per
quarter section
- An area structure plan or design scheme
may be required
Existing 3 acre parcel
New parcel size 5 acres
Examples of Subdivision Policies
Figure 9:
Example of subdivision for Grouped
Country Residential land use district.
Schedule 2, Section 2 & 3.
Figure 10:
Example of boundary line adjustment
for existing parcel realignment. Rural
General land use district, Schedule 2,
Section 11.5.
5
APPENDIX C
PROCESS FLOWCHARTS
Land Use Bylaw Amendment
Pre-application meeting
with Staff
2nd and 3rd Reading
Public Hearing
Staff review for completion and
adequacy of information
Submit application, with supporting
information
(See Section 62)
Council consents to the application,
passes 1st reading and the Public
Hearing date is set
Staff assign Bylaw Number and present
to Council for consideration
Area Structure Plan (ASP)
Pre-application meeting with Staff
Proceed to
Subdivision
Determination, based on review of
initial information, that an ASP is
not required
4 or less contiguous lots to be created
More than 4 lots to be created or ASP
required
Pre-application meeting with Staff
Establish expectations and requirements for
ASP
(See Appendix D)
Council authorization for development to
prepare ASP
Information gathering, technical studies and
key stakeholder input
Developer undertakes ASP process and
prepares ASP draft
2nd and 3rd Reading
Staff review for completion and adequacy of
information, assigned Bylaw No and presents
to Council for 1st Reading
Public Hearing
Council passes 1st reading and the
Public Hearing date is set
Subdivision
Initial discussion/meeting with Planner
Subdivision Application submitted,
including supporting information
Deemed complete and adequate by
Planner within 20 days
Notification of adjacent landowners
and agencies
(19 day circulation)
Application is presented to MPC for
decision at a public meeting
Application is approved with
conditions
Finalization conditions of approval
one year, or receive extension
Register at land titles
If incomplete, Planner advises
applicant, including deficiencies in
application
Applicant or agency may appeal to
appropriate Appeal Board within
21 days of Notice of Decision
Appeal Board holds hearing within 30
days of Notice of Appeal
Development Permit
Initial discussion/meeting with DO
Development Permit Application submitted,
including supporting information
Deemed complete and adequate by
Development Officer (DO) within 20 days
DO determines Use of Application
Permitted Use
(without waivers)
If incomplete, DO
advises applicant,
including deficiencies
in application
Permitted Use
(minor waiver
required)
Permitted Use
(waiver required)
Discretionary Use
Notification of affected parties
Development
Permit (DP)
approved by DO
DP is approved,
with conditions, or
refused, with
reasons, by DO
(no notification
required)
DP is approved with conditions,
or refused with reasons, by MPC
or DO*
Applicant, or affected party may
appeal to appropriate Appeal
Board within 21 days of Notice
Appeal Board holds hearing
within 30 days of
Notice of Appeal
*Public meetings are held for applications requiring
MPC approval. DO may only approve certain
discretionary uses.
APPENDIX D
AREA STRUCTURE PLAN GUIDELINES
AREA STRUCTURE PLAN GUIDELINES
Value & Purpose of Area Structure Plans
Area structure plans (ASP) help ensure that future development proceeds in an orderly fashion
with the benefit of a public process. Vulcan County recognizes the ability of a comprehensive
planning process to help manage the change that comes with future development. These
guidelines aim to assist developers in establishing an ASP.
The purpose of an ASP is to provide a framework for the subdivision and development of an area.
An ASP is an opportunity to present and explain a developer's vision to County Council and area
residents. A well thought out, comprehensive plan typically utilizes professional involvement to
provide the technical information needed to determine the suitability of the lands for their
proposed use. Ultimately, an ASP limits haphazard development and promotes a sensitive
approach to development in relation to surrounding land uses and existing physical conditions,
consistent with the process and requirements in sections 633 and 636 of the Municipal
Government Act.
When is an ASP required?
The County requires the preparation of an ASP in certain circumstances to support future
development. The Council of Vulcan County may waive the ASP requirement if it determines that
the nature and impact of the proposed development does not warrant an ASP. Similarly, in
important planning areas like within the fringe of urban communities or adjacent to water bodies
and sensitive environmental areas, or for large-scale development proposals, Council may choose
to require an ASP be duly prepared and submitted in respect of the application.
ASP requirements for residential subdivision on a single quarter section:
No ASP
No ASP
No ASP No ASP
No ASP
ASP Required
ASP Required
ASP Required Content
A duly prepared area structure plan, prepared by or with the assistance of a qualified
professional(s) (ie. engineers, planners, biologists), shall include and address the matters listed
bylaw. The information must be based on detail study of the lands as they relate to the
development proposal. The topics listed below are a general overview. The content
requirements of a particular ASP will vary, and are at the discretion of Council. An ASP is typically
constructed as a policy document, with goals and policy statements that convey the intent of the
development project. See Appendix E ("Technical Studies") for a detailed overview of required
content.
Sample Layout of ASP
Site Analysis
1.
Physical & legal site conditions
2.
Adjacent land use
3.
Geotechnical report
4.
Biophysical assessment
5.
Environmental site assessment
6.
Historical resources assessment
7.
Flood risk assessment
8.
Wetland assessment
Legislative & Planning Context
9.
Compliance with other statutory plans
10. Consistency with relevant planning documents
11. Impact on agriculture and farming practices
Subdivision & Development Concept
12. Land use & population density
13. Conceptual subdivision or site design
14. Municipal and/or environmental reserve land dedication
15. Development concept
Servicing
16. Potable water
17. Sewage disposal
18. Storm water management
19. Traffic impact assessment
20. Access management & road construction
21. Fire suppression & emergency services
Public consultation
22. Adjacent landowner and key stakeholder engagement
Implementation
23. Phasing of subdivision and development
APPENDIX E
TECHNICAL STUDIES
TECHNICAL STUDIES
The list of studies herein is meant to provide an overview of content expectations to developers.
Architectural Controls As a development standard of the area structure plan, architectural
controls are suggested to be supplied by the developer to ensure that all development in the
development area is consistent with neighbouring property. These controls may be registered
concurrently by a restrictive covenant at the time a plan of survey is registered with the Land
Titles Office.
Historical Resources Impact Assessment This report evaluates the archaeological,
paleontological, historic buildings and structures, and aboriginal traditional uses on the subject
site in an effort to preserve and study historic resources. The assessment shall be completed by
a qualified professional and performed in accordance with the land use procedure bulletins
prepared pursuant to the Historical Resources Act.
Environmental Site Assessment This report is an investigation in relation to land to determine
the environmental condition of a property in accordance with the Alberta Environmental Site
Assessment Standard. A Phase 1 environmental site assessment is focused on the review of
records as well as limited site investigation. A Phase 2 environmental site assessment is a more
detailed review that includes soil sampling and analysis, and is often needed where adverse
conditions, events or contamination have been identified in a Phase 1 ESA.
Wetland Assessment This report identifies, classifies, and provides the necessary legislative and
regulatory context for wetlands as they relate to a proposed development project. The report
shall be completed by a professional biologist or qualified wetland science practitioner and shall
include an assessment of wetland permanency, valuation and disturbance in accordance with the
Alberta Wetland Policy.
Waste Management Plan This report, completed by a qualified professional, identifies the waste
generated from a development and how that waste will be managed and disposed of in
accordance with the Environmental Enhancement & Protection Act. The report shall also identify
nuisance generation and activities required to mitigate the effect on adjacent land uses.
Contour Map/Elevation Establishment This report establishes the geodetic ground elevations of
a site and is prepared by an Alberta Land Surveyor (ALS) or a Certified Survey Technologist (CST).
Contours and/or spot (ie. depicting full supply level of a reservoir) are used to understand the
topographical characteristics of the site, and to ascertain the implications for drainage, site
grading and construction. Where developments are proposed to be built in areas of slopes
greater than 10° or where roads and water channelization are to be incorporated in the
development, a detailed contour map should be prepared for the development area.
Private Sewage Site Evaluation This review is an overview of a site as it relates to a prospective
development and the ability of the site to support a private sewage disposal system. A site
evaluation typically includes a review of topography, buildings and utilities, and a soils
investigation. The review shall be undertaken by a certified Private Sewage Installer with
experience in the region and is a non-conclusive, opinion statement.
Private Sewage System Suitability Analysis This report represents a specific geotechnical
investigation of the proposed development area documenting prevailing soil conditions, a soil
texture analysis and soil suitability assessment to support an on-site private sewage disposal
system. This report must be completed by a qualified professional and in accordance with the
Alberta Private Sewage Systems Standard of Practice 2009. Where required, the findings of this
report should be incorporated within the servicing study and/or engineering plans and
specifications requested in support of the proposed development.
Flood Hazard Assessment (FHA) This study, completed by a qualified professional accredited by
APEGA, shall ascertain whether the development area is suitable for the proposed uses by:
(a) determining the risk of flooding at the site now and in the future, and
(b) considering the consequences of the site being flooded and provide recommended
mitigation measures and design standards to guide the construction of improvement within
the subject lands.
Setback requirements shall also form part of the recommendations and shall be outlined both in
writing and graphically through supportive mapping drawn to scale and related to local
elevations. Where required, the findings of this report should be incorporated within the
servicing study and/or engineering plans and specifications requested in support of the proposed
development.
Groundwater Supply Evaluation (GSE) This evaluation, completed by a qualified professional
accredited by APEGA, shall assess the potential for one or more aquifers to supply a sustainable
volume of water to the proposed development, in addition to determining any possible
interference with groundwater supply from existing wells in the area. The evaluation shall
typically involve the completion of a single well within the proposed development area pumping
over a specified time period, followed by a period of recovery over the same time period. A
groundwater supply evaluation must satisfy those requirements as noted under section 23(3)(a)
of the Water Act.
*Note: Should the results of the groundwater supply evaluation indicate that insufficient
groundwater supply exists to support the proposed development or impact on existing
wells within the area would be profound, the study shall outline alternative means of
water supply to the proposed development. This shall include the source of an
alternative potable water supply to support the proposed development, and
infrastructure to support the water distribution such as cisterns. Where cisterns are
suggested, sizing, design and construction considerations should be detailed. All
alternative means of water supply shall comply with all federal, provincial, and municipal
regulations.
Where required, the findings of this report should be incorporated within the servicing study
and/or engineering plans and specifications requested in support of the proposed development.
Geotechnical Report This report shall be prepared by a qualified professional engineer accredited
by APEGA, identifying and assessing the subsurface soil and groundwater conditions liable to
affect suitability of the lands to support the proposed development. The report shall provide
conclusions and recommendations to guide the design and construction of the proposed
development and associated improvements including both municipal infrastructure and/or
private improvements proposed on the subject property inclusive of buildings, structures and/or
private services. Where required, the findings of this report shall be incorporated within the
servicing study and/or engineering plans and specifications requested in support of the proposed
development.
Stormwater Management Plan This plan shall address current and future drainage requirements
in support of the proposed development while satisfying constraints imposed by topography,
existing and proposed land uses, land ownership, and other local considerations. The plan shall
be completed by a qualified professional engineer accredited by APEGA, and shall identify and
locate major drainage facilities, including major drainage channel improvements, the location of
storm sewer improvements, open channel routes, retention/detention facilities, and land
requirements for drainage purposes. Legislative requirements under the Water Act and/or the
Environmental Enhancement & Protection Act shall be outlined. Where required, the findings of
this report should be incorporated within the servicing study and/or engineering plans and
specifications requested in support of the proposed development.
Biophysical Assessment Prepared by a qualified professional biologist accredited by the Alberta
Society of Professional Biologists (ASPB), identifying rare plant and wildlife species/communities,
as listed on the current Alberta Natural Heritage Information Center (ANHIC) and Committee on
the Status of Endangered Wildlife in Canada (COSEWIC). The findings of this report shall assist in
understanding the presence, classification, sensitivity, and impact on the plant and wildlife that
exist within the subject site.
Environmental Management Plan Prepared by a qualified professional biologist accredited by
the Alberta Society of Professional Biologists (ASPB), indicating the impact of the proposed
development on the wildlife, wildlife corridors, vegetation, water and environmental features.
The environmental management plan shall outline protection measures in accordance with
environmental guidelines and also address mitigation measures, including necessary setbacks
distances from significant natural features to mitigate potential impacts borne by the proposed
development on the surrounding natural environment. The environmental management plan
shall also identify breeding and spawning times for wildlife, and the timing of construction and
reclamation activities shall be adjusted accordingly.
Hazards Assessment & Management Plan This plan shall identify any and all potential hazards in
relation to the proposed development and how they shall be managed. Suggested hazards
include but are not limited to fire, petro chemicals and processing chemicals. The plan shall also
include an emergency response plan in the event of an emergency situation.
Reclamation Report This report shall outline the measures to be taken to return the
development site to an equivalent land capability, as based on pre-disturbance site assessments
of soil, landscape, and vegetation. The plan shall also establish criteria and specifications to guide
the design, installation and maintenance of vegetation planted as part of a re-vegetation
strategy. Plant species should be chosen in consultation with landowners and reflect species
present on adjacent lands.
Fire Protection Plan A fire protection plan is required to ensure adequate improvements to
support fire suppression in the case of an emergency within the proposed development area.
The fire protection plan must be prepared and submitted to the local fire authority for review
and approval with confirmation provided to Vulcan County. Once approved, the owner is
responsible for implementing those improvements as outlined within the approved fire
protection plan as these will be included within the terms of the development agreement where
appropriate. During a fire emergency, a copy of the approved fire safety plan must be available
for the responding fire department's use. In general terms, the fire protection plan should
include:
- Key contact information including site location and access arrangements;
- Utility services (including shut-off valves for water, gas and electric);
- Access issues to the property;
- Layout, drawing, and location of water supply within the subject property;
- Layout and location of fire suppression infrastructure;
- Incorporation of FireSmart Principles.
Traffic Impact Assessment In order to evaluate the traffic impact of proposed developments, a
traffic impact assessment is required. The traffic impact assessment must be prepared by a
qualified professional engineer accredited by APEGA, which assesses the potential effects of
traffic generation caused by the proposed development on regional and local roadway systems.
The traffic impact assessment shall identify and define the study area, the planning horizon and
analysis period, the existing traffic conditions, and the estimated traffic demand. Furthermore,
a safety analysis, site access analysis, traffic collision analysis, and sight distance evaluation
should be conducted. The assessment shall also identify mitigation measures and provide overall
recommendations for addressing local and regional traffic impacts. Where required, the findings
of this report shall be incorporated within the servicing study and/or engineering plans and
specifications requested in support of the proposed development.
Servicing Study This report shall be prepared by a qualified professional engineer accredited by
APEGA, which establishes the technical engineering requirements to service the proposed
development. The report should compile and summarize relevant information with respect to
site grading, proposed water supply and distribution, sanitary sewage collection and treatment,
storm drainage system, shallow utilities and public roadways. The report should include
discussion pertaining to existing site conditions, proposed site grading, summary of supportive
modelling completed and identification of any unique site constraints and/or issues that may
affect the servicing of the proposed development. Relevant information from any supportive
technical studies should be referenced and summarized in the servicing study. For additional
details, please refer to the Vulcan County Design Guidelines and Construction Specifications.
Conceptual Scheme The Municipal Government Act also allows for the development of
conceptual scheme to obtain greater detail of the proposed development and its future impact
on adjacent lands, as well as to demonstrate how this individual application complies with any
applicable ASP and the MDP. Vulcan County has determined that conceptual scheme preparation
shall be tied to the scope and intensity of proposed development and shall include a public
consultation process. Conceptual schemes may be adopted by resolution in conjunction with
redesignation and subdivision applications and where appropriate shall be registered on affected
titles via a development agreement or other legal instrument to guide, inform and structure the
evaluation of future subdivision and development applications.
Public Consultation - Area Structure Plan or Conceptual Scheme In order to ascertain the
opinions and concerns of surrounding landowners with regards to the proposed development
concept, consultation with the public will need to be undertaken. In support of a conceptual
scheme, the consultation should follow an Open House format, shall be fully documented in
writing and shall include the following information:
- the names and contact information of all attendees;
- a synopsis of matters discussed;
- a summary of concerns raised;
- a formal response to all concerns raised.
The time and place of the Open House must be advertised in circulating newspapers for two
consecutive weeks prior to the meeting and written notification shall be given to Vulcan County.
Further, a mail out must be prepared in support of the Open House and can be distributed by
Vulcan County on behalf of the applicant, in support of the public consultation. The applicant
shall bear all costs.
Engineering Plans and Specifications/Construction Drawings These are required in support of
the application to establish the parameters for the construction of improvements associated with
the proposed development. Engineering plans and specifications must be completed by a
qualified professional engineer accredited by APEGA and include the following:
- Cover Sheet(s);
- Clearing and Grading Drawings;
- Roads, Lanes and Walkways Drawings;
- Traffic Control and Signage Drawing;
- Water Distribution Drawing (if applicable);
- Water Distribution Disinfection and Flushing Drawing (if applicable);
- Sanitary Sewer Drawing (if applicable);
- Storm Sewer Drawing - Major/Minor System;
- Storm Sewer Drawing - Minor System;
- Shallow Utilities Drawing;
- Building Grade Drawing;
- Landscape Drawing;
- Erosion Control and Sedimentation Drawing.
Upon completion, two sets of complete construction drawings are required to be submitted to
Vulcan County for preliminary review and approval. Additional circulation of the shallow utilities
plan is required to be circulated by the developer to appropriate utility companies for review and
approval. Each utility company is required to submit an approval letter for inclusion with the
development agreement via the developer. Upon acceptance, a final set of construction
drawings may be required for inclusion with the development and servicing agreement in support
of the proposed development. For additional details on drawing specifications, and requirement
and development agreement procedures refer to the Vulcan County Design Guidelines.
APPENDIX F
CONFINED FEEDING OPERATIONS
CONFINED FEEDING OPERATIONS
For the purposes of understanding the thresholds established in the Agricultural Operations, Part 2 Matters
Regulation, wherein an approval is required by the Natural Resources Conservation Board.
Threshold Levels
Category of Livestock
Type of Livestock
Column 2
Column 3
Number of
Animals
(registration)
Number of
Animals
(approvals)
Feedlot Animals
Cows/Finishers (900+ lbs)
150 - 349
350+
Feeders (450 - 900 lbs)
200 - 499
500+
Feeder Calves (< 550 lbs)
360 - 899
900+
Horses - PMU
100 - 399
400+
Horses - Feeders > 750 lbs
100 - 299
300+
Horses - Foals < 750 lbs
350 - 999
1000+
Mules
100 - 299
300+
Donkeys
150 - 449
500+
Bison
150 - 349
350+
Dairy (*count
lactating cows only)
Lactating cows* (Lactating cows
only -associated Dries, Heifers
and Calves are not counted)
50 - 199
200+
Swine (*count sows
only)
Farrow to finish*
30 - 249
250+
Farrow to wean*
50 - 999
1000+
Farrow only*
60 - 1249
1250+
Feeders/Boars
500 - 3299
3300+
Growers/Roasters
500 - 5999
6000+
Weaners
500 - 8999
9000+
Poultry
Chicken - Breeders
1000 - 15999
16000+
Chicken - Layer (includes
associated pullets)
5000 - 29999
30000+
Chicken - Pullets/Broilers
2000 - 59999
60000+
Turkeys - Toms/Breeders
1000 - 29999
30000+
Turkey - Hens (light)
1000 - 29999
30000+
Turkey - Broiler
1000 - 29999
30000+
Ducks
1000 - 29999
30000+
Geese
1000 - 29999
30000+
Goats and Sheep
Sheep - Ewes/Rams
300 - 1999
2000+
Sheep - Ewes with Lambs
200 - 1999
2000+
Sheep - Lambs
1000 - 4999
5000+
Sheep - Feeders
500 - 2499
2500+
Goats - Meat/Milk
200 - 1999
2000+
Goats - Nannies/Billies
400 - 2999
3000+
Goats - Feeders
500 - 4999
5000+
Cervid
Elk
150 - 399
400+
Deer
200 - 999
1000+
Wild Boar
Feeders
100 - 299
300+
Sow (farrowing)
50 - 99
100+
-
When Dairy Replacement Heifers are housed away from the dairy, treat as Beef - Feeders.
-
When Dairy calves are housed away from the dairy, treat as Beef- Feeder Calves.
APPENDIX G
POST & CABLE BARRICADE STANDARDS