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LAND USE BYLAW NO. 733
December 2020
Town of Wembley
Land Use Bylaw No. 733
December 2020
Table of Contents
TABLE OF CONTENTS
SECTION 1 ENACTMENT ............................................................................................. 1
1.1
Title ................................................................................................................................. 1
1.2
Purpose .......................................................................................................................... 1
1.3
Application of Bylaw ....................................................................................................... 1
1.4
Conformity with Bylaw .................................................................................................... 1
1.5
Additional Requirements ................................................................................................ 1
1.6
Transitional Provisions ................................................................................................... 1
1.7
Severability ..................................................................................................................... 1
1.8
Interpretation .................................................................................................................. 1
SECTION 2 DEVELOPMENT AUTHORITY ................................................................. 3
2.1
Development Officer ....................................................................................................... 3
2.2
Duties and Powers of the Development Officer .............................................................. 3
SECTION 3 LAND USE DISTRICTS ............................................................................ 4
3.1
Establishment of Land Use Districts ............................................................................... 4
3.2
Land Use District Symbols ............................................................................................. 4
3.3
Land Use District Map .................................................................................................... 4
3.4
Land Use District Boundaries ......................................................................................... 4
3.5
Residential Single Detached (RS) District ...................................................................... 6
3.6
Residential General (RG) District ................................................................................... 8
3.7
Residential Multi-Unit (RM) District ............................................................................... 10
3.8
Rural Residential (RR) District ...................................................................................... 12
3.9
Manufactured Home Community (MHC) District .......................................................... 13
3.10 Primary Commercial (CP) District ................................................................................. 15
3.11 Highway Commercial (CH) District ............................................................................... 17
3.12 General Industrial (IG) District ...................................................................................... 19
3.13 Business Industrial (IB) District ..................................................................................... 22
3.14 Public Service (PS) District ........................................................................................... 25
3.15 Public Utilities (PU) District ........................................................................................... 26
3.16 Urban Reserve (UR) District ......................................................................................... 27
3.17 Direct Control (DC) District ........................................................................................... 28
SECTION 4 GENERAL REGULATIONS ................................................................... 29
4.1
Approaches and Driveways .......................................................................................... 29
4.2
Building Height ............................................................................................................. 29
4.3
Corner and Through Lots ............................................................................................. 30
4.4
Design, Character and Appearance of Buildings .......................................................... 30
4.5
Dwelling Units per Lot ................................................................................................... 30
4.6
Exterior Storage ............................................................................................................ 31
4.7
Fencing and Screening ................................................................................................. 31
4.8
Landscaping ................................................................................................................. 32
4.9
Lighting ......................................................................................................................... 32
4.10 Lot/Site Coverage ......................................................................................................... 32
4.11 Objects Prohibited In Districts ...................................................................................... 33
4.12 Parking and Loading Facilities ...................................................................................... 33
4.13 Permitted Encroachments ............................................................................................ 37
4.14 Relocation of Buildings ................................................................................................. 37
4.15 Removal of Topsoil and Site Grading ........................................................................... 37
4.16 Transportation .............................................................................................................. 38
Town of Wembley
Land Use Bylaw No. 733
December 2020
Table of Contents
SECTION 5 SPECIAL REGULATIONS ...................................................................... 39
5.1
Accessory Buildings ..................................................................................................... 39
5.2
Bed and Breakfast ........................................................................................................ 39
5.3
Cannabis Retail Sales .................................................................................................. 40
5.4
Cannabis Production Facility ........................................................................................ 40
5.5
Car and Truck Washes ................................................................................................. 41
5.6
Child Care Facilities ...................................................................................................... 41
5.7
Communication Towers and Antenna Systems ............................................................ 41
5.8
Decks ............................................................................................................................ 41
5.9
Drive-Through Businesses ........................................................................................... 42
5.10 Home Based Business ................................................................................................. 42
5.11 Manufactured Homes ................................................................................................... 43
5.12 Religious Assembly ...................................................................................................... 44
5.13 Satellite Dish Antennas ................................................................................................ 44
5.14 Secondary Suites .......................................................................................................... 44
5.15 Service Stations and Gas Bars ..................................................................................... 45
5.16 Signs ............................................................................................................................. 46
5.17 Solar Collectors ............................................................................................................ 47
5.18 Solar Energy Facilities .................................................................................................. 47
5.19 Temporary Storage ....................................................................................................... 47
5.20 Wind Energy Conversion Systems (WECS), Small Scale ............................................ 48
SECTION 6 ADMINISTRATIVE PROVISIONS ........................................................... 49
6.1
Development Permits Required .................................................................................... 49
6.2
Development Permits Not Required ............................................................................. 49
6.3
Forms ........................................................................................................................... 50
6.4
Development Permit Applications ................................................................................. 50
6.5
Subdivision Applications ............................................................................................... 51
6.6
Determination and Notification of Complete Applications ............................................. 52
6.7
Referrals ....................................................................................................................... 52
6.8
Development Officer's Discretion ................................................................................. 53
6.9
Conditions of a Development Permit or Subdivision Approval ..................................... 54
6.10 Notification of Decision ................................................................................................. 55
6.11 Appeals ......................................................................................................................... 56
6.12 Amendments ................................................................................................................ 57
6.13 Compliance and Enforcement ...................................................................................... 58
SECTION 7
DEFINITIONS ......................................................................................... 60
SCHEDULES
Schedule A
Land Use District Map
Schedule B
Land Use Bylaw Forms
Schedule C
Land Use Bylaw Amendments
Note: Red italicized text denotes defined terms.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 1
SECTION 1 ENACTMENT
1.1
Title
1.1.1 This bylaw may be cited as the "Town of Wembley Land Use Bylaw".
1.2
Purpose
1.2.1 The purpose of this bylaw is to manage the use and development of land and buildings
within the Town to achieve the orderly, economical and beneficial development of land.
1.3
Application of Bylaw
1.3.1 The provisions of this bylaw apply to all land and buildings within the boundaries of the
Town.
1.4
Conformity with Bylaw
1.4.1 No person shall commence or continue any development unless it is in accordance with this
bylaw and the terms and conditions of a development permit issued pursuant to this bylaw,
where such a permit is required.
1.4.2 Nothing in this bylaw prevents the use of any lot, building or structure for any purpose not
permitted by this bylaw if such lot, building or structure was lawfully used for such purpose
on the date of passing this bylaw provided it is used for that purpose on a continuous,
uninterrupted basis.
1.5
Additional Requirements
1.5.1 In addition to meeting the requirements of this bylaw, it is the responsibility of the applicant
to obtain other such permits, approvals or licenses that may be required by the Town or
other government departments and agencies.
1.6
Transitional Provisions
1.6.1 An application for a development permit that is received in its complete and final form prior
to the effective date of this bylaw shall be processed in accordance with Bylaw No. 603 as
amended.
1.7
Severability
1.7.1 In the event any portion of this bylaw is found invalid or is overturned by a Court of Law, the
validity of the remaining portions of this bylaw shall not be affected.
1.8
Interpretation
1.8.1 The words "shall", "will" and "must" require mandatory compliance except where a variance
has been granted pursuant to the Act or this bylaw.
1.8.2 In the event of a conflict between the text of this bylaw and the Act, the Act shall take
precedence.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 2
1.8.3 In the case of a conflict between the text of this bylaw and any maps or drawings used to
illustrate any aspect of this bylaw, the text shall take precedence.
1.8.4 In the case of a conflict between a Land Use District requirement and the General
Regulations (Section 4) or Special Regulations (Section 5), the Land Use District
requirement shall take precedence.
1.8.5 Metric values shall be used for the purpose of determining correct dimensions used in this
bylaw. The imperial measurement is included for convenience only. Where metric and
imperial measurements conflict, the metric value shall take precedence.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 3
SECTION 2 DEVELOPMENT AUTHORITY
2.1
Development Officer
2.1.1 The office of the Development Officer is hereby established, and such office shall be filled by
a person or persons to be appointed by resolution of Council.
2.1.2 The Development Officer is authorized to act as a "Development Authority" pursuant to the
Act.
2.1.3 Council shall serve as the Development Authority as it relates to decisions respecting a
Direct Control District.
2.2
Duties and Powers of the Development Officer
2.2.1 The Development Officer shall:
(a) Be hereby appointed as a "Designated Officer" for the purposes of entering and
inspecting land;
(b) Receive, consider and, with the exception of applications in a Direct Control District,
decide upon all applications for development permits;
(c) Keep and maintain for inspection by the public during office hours, a copy of this Bylaw
and all amendments thereto; and
(c) Undertake all administrative functions as required by legislation and keep a register of
all applications for development, including the decisions therein and the reasons
therefore, for a minimum period of seven (7) years.
2.2.2 Notwithstanding Section 2.2.1(b) the Development Officer:
(a) May refer any development permit application to Council for advice; and
(b) May refer development permit applications to Council for advice for those uses not
listed either as Permitted Uses or Discretionary Uses in the subject Land Use District.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 4
SECTION 3 LAND USE DISTRICTS
3.1
Establishment of Land Use Districts
3.1.1 For the purpose of this bylaw, all lands within the Town are divided into the following Land
Use Districts:
Land Use District
Residential Single Detached
Residential General
Residential Multi-Unit
Rural Residential
Manufactured Home Community
Primary Commercial
Highway Commercial
General Industrial
Business Industrial
Public Service
Public Utility
Urban Reserve
Direct Control
Symbol
RS
RG
RM
RR
MHC
CP
CH
IG
IB
PS
PU
UR
DC
3.2
Land Use District Symbols
3.2.1 Throughout this bylaw and amendments thereto a Land Use District may be referred to
either by its full name or by its abbreviation as set out in Section 3.1 above.
3.3
Land Use District Map
3.3.1 The Land Use District Map, as may be amended or replaced from time to time, attached as
Schedule A to this bylaw, divides the Town into Land Use Districts.
3.4
Land Use District Boundaries
3.4.1 Where uncertainty exists as to the boundaries of districts as delineated in the Land Use
District Map, the following rules shall apply:
(a) Where a boundary is shown as approximately following a lot line, it shall be deemed to
follow the lot line.
(b) In circumstances not covered by Section 3.4.1(a), the location of the Land Use District
boundary shall be determined:
(i) Where dimensions are set out on the Land Use District Map, by the dimensions so
set; or
(ii) Where dimensions are not set out on the Land Use District Map with respect to
such boundary, by measurement of and use of the scale shown on the Land Use
District Map.
3.4.2 Council shall maintain a list of its decisions with respect to boundaries or portions thereof
fixed by it.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 5
3.4.3 Where a Land Use District has been established in accordance with a proposed subdivision
of land, the Land Use District shall be understood to conform to the instrument that is
registered in a land title office. Prior to such registration, the Land Use District boundary
shall be determined on the basis of the scale of the map.
3.4.4 The Land Use District standards of this bylaw do not apply to highways, roads, or lanes.
3.4.5 Notwithstanding Section 3.4.4, in the event that a portion of highway, road or lane be closed
by bylaw, the Land Use District(s) that apply to the lands abutting the closure area shall be
applied to the closure area. Should the entire width of a highway, road or lane be closed,
and two or more Land Use Districts apply on opposite sides of the closure area, the
boundary between the different Land Use Districts shall follow the theoretical centre line of
the closure area between those Land Use Districts.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 6
3.5
Residential Single Detached (RS) District
3.5.1 Purpose
The purpose of this Land Use District is to provide for low density residential development in
the form of single detached dwellings.
Permitted Uses
Discretionary Uses
- Accessory Building or Use to a
Permitted Use
- Park
- Single Detached Dwelling
- Accessory Building or Use to a
Discretionary Use
- Bed and Breakfast
- Child Care Facility
- Home Based Business
- Public Building or Use
- Religious Assembly
- Secondary Suite
- Solar Collector
3.5.2 Site Provisions
In addition to the regulations contained in Section 4 and Section 5, the following standards
shall apply to every development in this Land Use District.
(a) Lot/Site Area (Minimum)
372 m2 (4,000 ft2)
Add 46 m2 (500 ft2) for corner lot.
(b) Lot/Site Width (Minimum)
12.2 m (40 ft)
Add 1.5 m (5 ft) for corner lot.
(c) Front Yard (Minimum)
6.1 m (20 ft)
(d) Rear Yard (Minimum)
- Principal Building
- Accessory Building
7.5 m (25 ft)
0.9 m (3 ft)
(e) Side Yard, Interior
(Minimum)
- Principal Building
- Accessory Building
1.5 m (5 ft)
0.9 m (3 ft)
(f) Side Yard, Exterior
(Minimum)
- Principal Building
- Accessory Building
3.3 m (10 ft)
1.5 m (5 ft)
(g) Building Height
(Maximum)
- Principal Building
- Accessory Building
8.5 m (28 ft)
5.5 m (18 ft)
(h) Lot/Site Coverage (Maximum)
33 percent
3.5.3 Additional Requirements
(a) In the case of laneless subdivisions, the Development Officer shall ensure that lot
widths and development setbacks are such that a front drive garage may be
accommodated on each site.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 7
(b) The Development Officer may decide on such other requirements as are necessary
having regard to the nature of a proposed development and the intent of this Land Use
District.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 8
3.6
Residential General (RG) District
3.6.1 Purpose
The purpose of this Land Use District is to provide for low density residential development in
the form of single detached dwellings with provisions for duplex and other low-density multi-
unit dwelling forms.
Permitted Uses
Discretionary Uses
- Accessory Building or Use to a
Permitted Use
- Duplex, Side-Side
- Duplex, Up-Down
- Park
- Single Detached Dwelling
- Accessory Building or Use to a
Discretionary Use
- Bed and Breakfast
- Child Care Facility
- Home Based Business
- Manufactured Home
- Multi-Unit Dwelling (maximum 4 units)
- Public Building or Use
- Religious Assembly
- Residential Care Facility
- Secondary Suite
- Solar Collector
3.6.2 Site Provisions
In addition to the regulations contained in Section 4 and Section 5, the following standards
shall apply to every development in this Land Use District.
(a) Lot/Site Area
(Minimum)
- Duplex (Up-Down)
- Duplex (Side-Side)
- Multi-Unit Dwelling
- All Other Uses
- Corner Lot
372 m2 (4,000 ft2)
279 m2 (3,000 ft2) per unit if lot has
access to a rear lane
331 m2 (3,560 ft2) per unit if lot
does not have access to a rear
lane
186 m2 (2,000 ft2) per unit
464 m2 (5,000 ft2)
Add 46 m2 (500 ft2)
(b) Lot/Site Width
(Minimum)
- Single Detached
Dwelling and Duplex
(Up-Down)
- Duplex (Side-Side)
- Multi-Unit Dwelling
- Corner Lot
12.2 m (40 ft)
7.6 m (25 ft) per unit if lot has
access to a rear lane
9.1 m (30 ft) per unit if lot does not
have access to a rear lane
6.1 m (20 ft) per unit
Add 1.5 m
(c) Front Yard (Minimum)
6.1 m (20 ft)
(d) Rear Yard (Minimum)
- Principal Building
- Accessory Building
7.5 m (25 ft)
0.9 m (3 ft)
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 9
(e) Side Yard, Interior
(Minimum)
- Principal Building
- Accessory Building
1.5 m (5 ft)
0.9 m (3 ft)
(f) Side Yard, Exterior
(Minimum)
- Principal Building
- Accessory Building
3.3 m (10 ft)
1.5 m (5 ft)
(g) Building Height
(Maximum)
- Principal Building
- Accessory Building
8.5 m (28 ft)
5.5 m (18 ft)
(h) Lot/Site Coverage (Maximum)
40 percent
3.6.3 Additional Requirements
(a) The Development Officer may decide on such other requirements as are necessary
having regard to the nature of the development and the intent of the district.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 10
3.7
Residential Multi-Unit (RM) District
3.7.1 Purpose
The purpose of this Land Use District is to provide for the development of medium and high
density multiple dwelling units.
Permitted Uses
Discretionary Uses
- Accessory Building or Use to a
Permitted Use
- Multi-Unit Dwelling
- Park
- Accessory Building or Use to a
Discretionary Use
- Public Building or Use
- Residential Care Facility
- Solar Collector
3.7.2 Site Provisions
In addition to the regulations contained in Section 4 and Section 5, the following standards
shall apply to every development in this Land Use District.
(a) Lot/Site Area
(Minimum)
- Multi-Unit Dwelling
(Street-Oriented)
- Multi-Unit Dwelling
(Apartment)
- Corner Lot
186 m2 (2,000 ft2) per unit
929 m2 (10,000 ft2)
Add 46 m2 (500 ft2)
(b) Lot/Site Width
(Minimum)
- Multi-Unit Dwelling
(Street-Oriented)
- Multi-Unit Dwelling
(Apartment)
- Corner Lot
7.5 m (25 ft) per unit
30.5 m (100 ft)
Add 1.5 m (5 ft)
(c) Front Yard (Minimum)
7.5 m (25 ft)
(d) Rear Yard (Minimum)
- Principal Building
- Accessory Building
7.5 m (25 ft)
1.5 m (5 ft)
(e) Side yard, Interior
(Minimum)
- Multi-Unit Dwelling
(Street-Oriented)
- All Other Uses
- Accessory Building
1.5 m (5 ft)
3.3 m (10 ft)
0.9 m (3 ft)
(f) Side Yard, Exterior
(Minimum)
- Principal Building
- Accessory Building
4.5 m (15 ft)
3.3 m (10 ft)
(g) Building Height
(Maximum)
- Multi-Unit Dwelling
(Street-Oriented)
- All Other Uses
- Accessory Building
8.5 m (28 ft)
11 m (36 ft)
4.5 m (15 ft)
(h) Lot/Site Coverage (Maximum)
40 percent
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 11
3.7.3 Additional Requirements
(a) The Development Officer may decide on such other requirements as are necessary
having regard to the nature of the development and the intent of the district.
(b) A minimum of thirty percent (30%) of a site to be used for an apartment shall be
required for recreational and landscaping purposes to the satisfaction of the
Development Officer. The areas of balconies, patios, and indoor recreation facilities,
including swimming pools and communal lounges for free use of the tenants may, at the
discretion of the Development Officer, be used in the calculation of the total requirement
for recreational and landscaping areas.
(c) In addition to the above, apartment developments shall satisfy the Development Officer
as to parking design, building design and location, garbage storage provisions, safety of
access, and amenity or leisure space.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 12
3.8
Rural Residential (RR) District
3.8.1 Purpose
The purpose of this Land Use District is to accommodate existing residential acreages.
Permitted Uses
Discretionary Uses
- Accessory Building or Use to a
Permitted Use
- Home Based Business
- Single Detached Dwelling
- Accessory Building or Use to a
Discretionary Use
- Solar Collector
3.8.2 Site Provisions
In addition to the regulations contained in Section 4 and Section 5, the following standards
shall apply to every development in this Land Use District.
(a) Lot/Site Area (Minimum)
3 ha (7.4 ac)
(b) Front Yard (Minimum)
46 m (150 ft)
(c) Rear Yard (Minimum)
25 m (82 ft)
(d) Side Yard (Minimum)
25 m (82 ft)
3.8.3 Additional Requirements
(a) The Development Officer may decide on such other requirements as are necessary
having regard to the nature of the development and the intent of the district.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 13
3.9
Manufactured Home Community (MHC) District
3.9.1 Purpose
The purpose of this Land Use District is to provide for the development of comprehensively
designed manufactured home communities in which individual dwelling sites are provided on
a leased, rental or condominium basis.
Permitted Uses
Discretionary Uses
- Accessory Building or Use to a
Permitted Use
- Manufactured Home, Double Wide
- Manufactured Home, Single Wide
- Park
- Accessory Building or Use to a
Discretionary Use
- Child Care Facility
- Home Based Business
- Public Building or Use
- Solar Collector
3.9.2 Site Provisions
In addition to the regulations contained in Section 4 and Section 5, the following standards
shall apply to every development in this Land Use District.
(a) Dwelling Site Area
(Minimum)
-
Single Section
-
Multiple Section
316 m2 (3,400 ft2)
371 m2 (4,000 ft2)
(b) Dwelling Site Length
(Minimum)
-
Single Section
-
Multiple Section
30.5 m (100 ft)
27 m (88.5 ft)
(c) Dwelling Site Width
(Minimum)
-
Single Section
-
Multiple Section
10.4 m (34 ft)
13.7 m (45 ft)
(d) Front Yard (Minimum)
3.3 m (10 ft)
(e) Rear Yard (Minimum)
2 m (6.5 ft)
(f) Side Yard (Minimum)
1.2 m (4 ft)
3.9.3 Additional Requirements
(a) Within any manufactured home community, a minimum of five percent (5%) of the total
area shall be developed for general recreation uses, of which a minimum area of 2 m2
(22 ft2) per manufactured home dwelling site shall be developed as playground areas.
(b) For manufactured home communities containing fifty (50) or more dwelling sites, two (2)
separate means of access to a public road shall be provided. These access points may
be in the form of one internal access road containing two (2) carriageways separated by
a centre boulevard. Internal roads, parking and loading areas shall be paved to the
satisfaction of the Development Officer.
(c) All areas of a manufactured home community shall be landscaped and shall include the
planting of a minimum of one (1) tree per dwelling site.
(d) Every manufactured home dwelling site shall front on to a private road, and be clearly
marked by means of stakes, fences, hedges or other means satisfactory to the
Development Officer.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 14
(e) Every manufactured home community shall provide one (1) off-street parking stall per
dwelling site, plus one (1) off-street parking stall per four (4) dwelling sites.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 15
3.10 Primary Commercial (CP) District
3.10.1 Purpose
The purpose of this Land Use District is to provide for office and retail commercial
developments generally intended to locate in the central business area of the Town.
Permitted Uses
Discretionary Uses
- Accessory Building or Use to a
Permitted Use
- Financial Services
- Gas Bar on Lot 1, Plan 7822876 only
- Medical Clinic
- Personal Services
- Professional Services
- Restaurant
- Retail Store
- Sign
- Accessory Building or Use to a
Discretionary Use
- Accessory Dwelling
- Amusement Facility
- Cannabis Retail Sales
- Community Hall or Facility
- Contractor. Limited
- Drinking Establishment
- Drive-Through Business
- Emergency Services
- Hotel
- Motel
- Parking Lot
- Private Club or Lodge
- Public Building or Use
- Religious Assembly
- Solar Collector
3.10.2 Site Provisions
In addition to the regulations contained in Section 4 and Section 5, the following standards
shall apply to every development in this Land Use District.
(a) Lot/Site Area (Minimum)
232 m2 (2,500 ft2)
(b) Lot/Site Width (Minimum)
7.5 m (25 ft)
(c) Front Yard (Minimum)
None required
(d) Rear Yard (Minimum)
3.3 m (10 ft), unless a fire rated
wall is provided, in which case
none is required.
Where no rear yard is provided, no
part of the building such as a door
or window shall be permitted to
extend beyond the rear lot line.
(e) Side Yard (Minimum)
- If adjacent to a
residential Land Use
District.
- All other locations if
a fire rated wall is
provided.
3.3 m (10 ft)
None
(f) Building Height (Maximum)
10.5 m (35 ft)
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 16
3.10.3 Additional Requirements
(a) All sites abutting a residential Land Use District shall be screened from view of the
residential Land Use District to the satisfaction of the Development Officer.
(b) All roof top appurtenances shall be screened to the satisfaction of the Development
Officer.
(c) All outside storage areas shall be screened from adjacent sites and from public areas to
the satisfaction of the Development Officer.
(d) The design, construction and architectural appearance of any building shall be to the
satisfaction of the Development Officer.
(e) The Development Officer may decide on such other requirements as are necessary
having regard to the nature of the proposed development and the intent of this Land
Use District.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 17
3.11 Highway Commercial (CH) District
3.11.1 Purpose
The purpose of this Land Use District is to provide for certain commercial uses which are
intended to serve the motoring public, have extensive land and/or outside storage
requirements, and are located on heavily travelled roads.
Permitted Uses
Discretionary Uses
- Accessory Building or Use to a
Permitted Use
- Car and Truck Wash
- Dealership
- Gas Bar
- Museum
- Restaurant
- Retail Store
- Service Station
- Sign
- Accessory Building or Use to a
Discretionary Use
- Accessory Dwelling
- Automotive and Equipment Repair
- Building Supplies
- Bulk Fuel, Chemical or Cardlock
- Drive-Through Business
- Fleet Service
- Hotel
- Mini Storage
- Motel
- Public Building or Use
- Solar Collector
3.11.2 Site Provisions
In addition to the regulations contained in Section 4 and Section 5, the following standards
shall apply to every development in this Land Use District.
(a) Lot/Site Area (Minimum)
1,115 m2 (12,000 ft2)
(b) Lot/Site Width (Minimum)
30.5 m (100 ft)
(c) Front Yard (Minimum)
9.1 m (30 ft)
(d) Rear Yard (Minimum)
6.1 m (20 ft)
(e) Side Yard (Minimum)
3.3 m (10 ft)
(f) Building Height
(Maximum)
- Museum
- All Other Uses
15.2 m (50 ft)
10.5 m (35 ft)
(g) Lot/Site Coverage (Maximum)
50 percent including accessory
buildings
3.11.3 Additional Requirements
(a) Landscaping may be required to the satisfaction of the Development Officer.
(b) All roof top appurtenances and outside storage areas shall be screened from view to the
satisfaction of the Development Officer.
(c) Provision for adequate vehicular traffic circulation and parking shall be provided on all
sites in accordance with Section 4.12.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 18
(d) All areas provided for parking or access shall be indicated on the plan and shall be
constructed to the satisfaction of the Development Officer.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 19
3.12 General Industrial (IG) District
3.12.1 Purpose
The purpose of this Land Use District is to provide for manufacturing, processing, assembly,
distribution, service, and repair uses which may require some outdoor operations or outdoor
storage areas.
Permitted Uses
Discretionary Uses
- Accessory Building or Use to a
Permitted Use
- Auto Body and Paint Shop
- Automotive and Equipment Repair
- Car and Truck Wash
- Contractor, General
- Contractor, Limited
- Dealership
- Equipment and Pipe Storage
- Light Manufacturing Industry
- Sign
- Storage Yard
- Warehouse
- Welding Shop
- Accessory Building or Use to a
Discretionary Use
- Agricultural Industry
- Bulk Fuel, Chemical or Cardlock
- Bulk Retail
- Cannabis Production Facility
- Communication Tower and Antenna
System
- General Industrial Use
- Mini Storage
- Public Building or Use
- Recreational Vehicle Storage
- Solar Collector
- Solar Energy Facility
- Truck and Rail Transload Facility
- Truck Terminal
- Wind Energy Conversion System, Small
Scale
3.12.2 Site Provisions
In addition to the regulations contained in Section 4 and Section 5, the following standards
shall apply to every development in this Land Use District.
(a) Lot/Site Area (Minimum)
1,858 m2 (20,000 ft2)
(b) Lot/Site Width (Minimum)
30.5 m (100 ft)
(c) Front Yard (Minimum)
7.5 m (25 ft)
(d) Rear Yard (Minimum)
6.1 m (20 ft)
(e) Side Yard (Minimum)
1.5 m (5 ft), unless a fire rated wall
is provided, in which case none is
required.
(f) Building Height (Maximum)
12.2 m (40 ft)
48.2 m (158 ft) for a sand storage
structure established prior to the
enactment of this bylaw on SW 22-
71-8-W6M
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 20
3.12.3 Additional Requirements
(a) A minimum of ten percent (10%) of the site shall be landscaped to the satisfaction of the
Development Officer. The entire site shall be maintained in a neat and orderly fashion to
the satisfaction of the Development Officer.
(b) All sites adjacent to a residential Land Use District shall be buffered and screened from
view of the residential Land Use District to the satisfaction of the Development Officer.
(c) Any industrial operation including production, processing, cleaning, testing, repair,
storage or distribution of any material shall conform to the following standards:
(i) Obvious toxic or noxious materials or dust or ash shall not be released or permitted
to escape to the atmosphere at such a rate as to interfere with the use and
enjoyment of property or to endanger the health or safety of the public;
(ii) No industrial operation shall be carried out which would result in the projection of
glare or heat onto adjacent properties; and
(iii) Waste products shall not be discharged into any sewer or private sewage disposal
system if the nature of such waste products, or the manner of their discharge,
would exceed the design standards for the sewer or sewage disposal system.
(d) The Development Officer may decide on such other requirements as are necessary
having regard to the nature of a proposed development and the intent of this Land Use
District.
(e) Where an application for a development permit is for an activity that involves or may
involve the use or storage of hazardous substances or dangerous goods, the
Development Officer may require the applicant to submit a Risk Assessment prepared
by an environmental professional such as an engineer, biologist, planner, geologist or
hydrogeologist. The Development Officer may impose any conditions necessary to
mitigate the risks associated with the use or storage of hazard substances identified in
the assessment. The Risk Assessment shall:
(i)
Identify hazardous substances and their quantities;
(ii) Estimate the expected frequency of the occurrence of a hazardous event;
(iii) Assess the possible consequences of such an event;
(iv) Determine annual individual risk and compare to Major Industrial Accidents Council
of Canada (MIACC) risk acceptability criteria;
(v) Demonstrate how the proposed facility and operations shall contribute to the
following risk management objectives:
1. Risk reduction at source (siting of facilities, modifications to processes,
conformity to legislation e.g. the Safety Codes Act, the Dangerous Goods
Transportation and Handling Act, monitoring, technical changes, training, etc.),
2. Risk reduction through land use planning around industrial sites and pipeline and
dangerous goods corridors,
3. Emergency preparedness,
4. Emergency response,
5. Risk communication and public participation; and
(vi) Identify and recommend risk-based separation distances and other mitigation
measures to reduce risk.
(f) The Development Officer may require the preparation of an emergency response plan
as a condition of a development permit to ensure that emergency services requirements
for fire, rescue, and ambulance are met.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 21
(g) Notwithstanding any other regulations in this bylaw, any industrial and commercial uses
that involve the manufacture, storage, handling, distribution or disposal of explosives
and/or chemical materials or products shall not be located on sites that, in the opinion of
the Development Officer, would be considered unsafe or may unduly interfere with, or
affect the use, enjoyment or value of neighbouring properties.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 22
3.13 Business Industrial (IB) District
3.13.1 Purpose
The purpose of this Land Use District is to provide for industrial businesses that carry out
their operations such that no nuisance is created or apparent outside an enclosed building
and to accommodate limited, compatible commercial businesses. The industrial and limited
commercial businesses shall also be compatible with any adjacent non-industrial Land Use
District. This Land Use District should normally be located on the periphery of industrial
areas and adjacent to arterial or major collector roads including the future connector road
between the Philip J. Currie Dinosaur Museum and the future Highway 43 interchange
access road. It should also be applied as a transitional district between the Museum and the
General Industrial (IG) District.
Permitted Uses
Discretionary Uses
- Accessory Building or Use to a
Permitted Use
- Professional Services
- Retail Store
- Sign
- Accessory Building or Use to a
Discretionary Use
- Car and Truck Wash
- Contractor, General, subject to Section
3.13.3(i)
- Contractor, Limited
- Drinking Establishment
- Fleet Service
- Gas Bar
- General Industrial Use, where primary
activities occur indoors, subject to
Section 3.13.3(i)
- Greenhouse
- Mini Storage
- Parking Lot
- Private Club or Lodge
- Public Building or Use
- Recreation, Indoor
- Restaurant
- Veterinary Clinic
- Warehouse
3.13.2 Site Provisions
In addition to the regulations contained in Section 4 and Section 5, the following standards
shall apply to every development in this Land Use District.
(a) Lot/Site Area (Minimum)
1,858 m2 (20,000 ft2)
(b) Lot/Site Width (Minimum)
30.5 m (100 ft)
(c) Front Yard (Minimum)
9.1 m (30 ft)
No area for parking, loading or
storage, or any other like purpose
shall be permitted within 7.5 m of
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 23
the front yard abutting the road
right-of-way.
(d) Rear Yard (Minimum)
6.1 m (20 ft)
(e) Side Yard (Minimum)
3.3 m (10 ft), unless a fire rated
wall is provided, in which case
none is required.
(f) Building Height (Maximum)
12.2 m (40 ft)
(g) Lot/Site Coverage (Maximum)
50 percent including accessory
buildings
3.13.3 Additional Requirements
(a) All development permit applications shall include a landscaping plan prepared by a
qualified professional to the satisfaction of the Development Officer.
(b) A minimum of ten percent (10%) of the site shall be landscaped to the satisfaction of the
Development Officer. The entire site shall be maintained in a neat and orderly fashion to
the satisfaction of the Development Officer.
(c) All sites abutting a residential Land Use District, or an existing residential use shall be
buffered and screened from view of the residential Land Use District through
landscaping, berming, fencing or a combination thereof to the satisfaction of the
Development Officer.
(d) Each separate lot shall not have more than one (1) driveway access or approach to any
public road and shall be laid out having regard to continuity of traffic flow, the safety of
vehicles and pedestrians, and avoidance of dangerous intersections to the satisfaction
of the Development Officer. This may be increased to two (2) driveways accesses or
approaches if both are centred on the lot's property lines to enable shared access to the
adjacent lots.
(e) Outdoor Storage:
(i) Outdoor storage shall be permitted only when accessory to a permitted principal
use.
(ii) An approved storage area shall be located to the rear of the principal building to
conceal it from view of all public roads. Where this is not possible, an approved
outdoor storage area shall be fenced, screened and landscaped to the height and
extent considered necessary by the Development Officer to conceal it from view of
all public roads.
(f) Appearance:
(i) All buildings shall be of a design that is to the satisfaction of the Development
Officer.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 24
(ii) Front yards shall be landscaped in accordance with the plans approved by the
Development Officer. The entire site and all buildings shall be maintained in a neat
and tidy manner, including the trimming and upkeep of landscaped areas and the
removal of debris and unsightly objects.
(g) Any operation approved as a general industrial use including production, processing,
cleaning, testing, repair, storage or distribution of any material shall conform to the
following standards:
(i) Obvious toxic or noxious materials or dust or ash shall not be released or permitted
to escape to the atmosphere at such a rate as to interfere with the use and
enjoyment of property or to endanger the health or safety of the public;
(ii) No industrial operation shall be carried out which would result in the projection of
glare or heat onto adjacent properties; and
(iii) Waste products shall not be discharged into any sewer or private sewage disposal
system if the nature of such waste products, or the manner of their discharge,
would exceed the design standards for the sewer or sewage disposal system.
(h) The Development Officer may decide on such other requirements as are necessary
having regard to the nature of a proposed development and the intent of this Land Use
District.
(i) Applications for general contractor or general industrial use developments shall not be
approved within 150 m (492 ft) of the Philip J. Currie Dinosaur Museum located on Lot
3, Block 1, Plan 112 4144.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 25
3.14 Public Service (PS) District
3.14.1 Purpose
The purpose of this Land Use District is to provide for the development of public uses such
as parks and schools.
Permitted Uses
Discretionary Uses
- Accessory Building or Use to a
Permitted Use
- Community Hall or Facility
- Park
- Recreation, Indoor
- School
- Sign
- Accessory Building or Use to a
Discretionary Use
- Arena
- Campground
- Curling Rink
- Public Building or Use
- Solar Collector
- Wind Energy Conversion System, Small
Scale
3.14.2 Site Provisions
In addition to the regulations contained in Section 4 and Section 5, the following standards
shall apply to every development in this Land Use District.
(a) Front Yard (Minimum)
9.1 m (30 ft)
(b) Rear Yard (Minimum)
7.5 m (25 ft)
(c) Side Yard (Minimum)
4.5 m (15 ft)
(d) Building Height (Maximum)
12.2 m (40 ft)
3.14.3 Additional Requirements
(a) The Development Officer may decide on such other requirements as are necessary
having regard to the nature of a proposed development and the intent of this Land Use
District.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 26
3.15 Public Utilities (PU) District
3.15.1 Purpose
The purpose of this Land Use District is to provide for the development of public utility
infrastructure.
Permitted Uses
Discretionary Uses
- Public Utility
-
Solar Collector
-
Solar Energy Facility
-
Wind Energy Conversion System, Small
Scale
3.15.2 Site Provisions
In addition to the regulations contained in Section 4 and Section 5, the following standards
shall apply to every development in this Land Use District.
(a) Front Yard (Minimum)
Approving Authority discretion
(b) Rear Yard (Minimum)
Approving Authority discretion
(c) Side Yard (Minimum)
Approving Authority discretion
(d) Building Height (Maximum)
Approving Authority discretion
3.15.3 Additional Requirements
(a) The Development Officer may decide on such other requirements as are necessary
having regard to the nature of a proposed development and the intent of this Land Use
District.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 27
3.16 Urban Reserve (UR) District
3.16.1 Purpose
The purpose of this Land Use District is to provide for the continuation of existing rural
pursuits and future urban expansion.
Permitted Uses
Discretionary Uses
- Accessory Building or Use to a
Permitted Use
- Agriculture, Extensive
- Accessory Building or Use to a
Discretionary Use
- Communication Tower and Antenna
System
- Greenhouse
- Market Garden
- Park
- Public Building or Use
- Sign
- Single Detached Dwelling
- Solar Collector
- Wind Energy Conversion System, Small
Scale
3.16.2 Site Provisions
In addition to the regulations contained in Section 4 and Section 5, the following standards
shall apply to every development in this Land Use District.
(a) Lot/Site Area (Minimum)
Approving Authority discretion
(b) Lot/Site Width (Minimum)
Approving Authority discretion
(c) Front Yard (Minimum)
Approving Authority discretion
(d) Rear Yard (Minimum)
Approving Authority discretion
(e) Side Yard (Minimum)
Approving Authority discretion
3.16.3 Additional Requirements
(a) The Development Officer may decide on such other requirements as are necessary
having regard to the nature of a proposed development and the intent of this Land Use
District.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 28
3.17 Direct Control (DC) District
3.17.1
Purpose
The purpose of this Land Use District is to provide for unique forms of development or to enable
development to occur in areas of unique character or circumstance.
3.17.2
Development Regulations
(a) All land uses and regulations contained in a Direct Control District shall be determined by
Council based on the requirements of the development that is the subject of the Direct
Control District.
(b) All development shall conform to the provisions of the Municipal Development Plan.
(c) All regulations of this Bylaw shall apply unless such regulations are specifically excluded or
modified in the Direct Control District.
3.17.3
Administrative Provisions
(a) When deciding on an application, Council shall consider the following:
(i) Existing and future use of neighbouring lands;
(ii) Servicing of the subject property;
(iii) Access to the subject property; and
(iv) Any considerations that are unique to the proposed development and/or the subject
property.
(b) The Development Officer may require the applicant to submit any or all of the following
documents to support their application:
(i) An explanation of the intent of the project and why a Direct Control District is
necessary;
(ii) The features of the project, which make it desirable to the general public, which
includes an elevation of how the project complements existing and future plans for the
surrounding lands;
(iii) A design package that includes the following information:
1.
Location of all buildings;
2.
Elevation and architectural treatment of all buildings and associated structures;
3.
Proposed servicing scheme;
4.
All yard setbacks, lot/site coverage, lot/site areas, floor areas, lot size, and number
of parking stalls; and
5.
Any other information as requested by the Development Officer so that they may
complete a thorough review of the application.
(c) Prior to Council making a decision on a bylaw amendment application to create a Direct
Control District, the applicant shall conduct a public meeting to provide an opportunity for
the registered owners of adjacent lots and other interested parties to comment and make
submissions on the proposal. This meeting will be in addition to the public hearing and will
be completed at least four (4) weeks prior to the scheduled first reading date of the
proposed bylaw amendment.
(d) In accordance with the Act, there is no appeal to the Board for decisions made by Council
on applications on lands in a Direct Control District.
3.17.4 Site-Specific Direct Control Districts
Placeholder for future use.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 29
SECTION 4 GENERAL REGULATIONS
4.1
Approaches and Driveways
4.1.1 All development shall have legal and physical access to a public road to the satisfaction
of the Town.
4.1.2 An approach on a corner lot shall be set back a
minimum distance of 6.1 m (20 ft) from
the intersection of the front lot line and
side lot lines (Figure 4.1).
4.1.3 The minimum distance between
driveway approaches on the same side
of a road shall be 6.1 m (20 ft),
measured at the lot line. The
Development Officer may vary the
minimum distance where such variance
is necessary by reasons of lot
configuration, location of infrastructure,
public safety or convenience.
4.1.4 The maximum width of an approach to a
driveway shall not exceed 10.5 m (35 ft).
4.1.5 The sides of driveway approaches crossing sidewalks or boulevards may be constructed
on an angle with the curb line, but the angle extended between the curb and the edge of
the driveway shall in no case be less than 45 degrees.
4.1.6 Prior to the construction of a driveway approach, the developer shall obtain a Driveway
Crossing Permit from the Town. No driveway approach shall be constructed, used or
allowed to be used except in accordance with the terms and conditions of an approved
Driveway Crossing Permit.
4.2
Building Height
4.2.1 In determining the highest point of a building or structure
(Figure 4.2), elements that are not essential to the
structure of the building or structure
shall not be considered, including
but not limited to the following:
(a) Elevator housing;
(b) Mechanical housing;
(c) Roof entrances;
(d) Ventilation fans;
(e) Skylights;
(f)
Solar collectors;
(g) Wind energy systems;
(h) Steeples;
(i)
Antennas;
(j)
Smokestacks or chimneys;
Figure 4.1: Approach Distances
Figure 4.2: Building Height
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 30
(k) Fire walls;
(l)
Parapet walls; and
(m) Flagpoles.
4.3
Corner and Through Lots
4.3.1 No fence, wall, structure or landscaping
located within the area defined as a sight
triangle on a corner lot (Figure 4.3) shall
exceed 1.0 m (3 ft) in height.
4.3.2 At the Development Officer's discretion
the distance referred to Figure 4.3 may
be reduced to 2.1 m (7 ft).
4.3.3 Notwithstanding any other provision contained in this
bylaw, no person shall place or maintain any object,
structure, fence, hedge, shrub, or tree within a sight
triangle if, in the opinion of the Development Officer,
such objects or structures interfere with traffic safety.
4.3.4 The front lot line of a corner lot shall be the narrower
of the lot lines abutting a road, excluding a lane,
except where the lot lines of a corner lot are equal, in
which case the Development Officer shall determine
the location of the front lot line.
4.3.5 A through lot (Figure 4.4) shall have a front yard on
each parallel road in accordance with the front yard
requirements of the applicable Land Use District.
4.4
Design, Character and Appearance of Buildings
4.4.1 The quality of exterior treatment and design of all buildings shall be to the satisfaction of
the Development Officer.
4.4.2 Pursuant to Section 4.4.1, the Development Officer may consider the following when
reviewing development proposals in all Land Use Districts:
(a) The design, character and appearance of all buildings with respect to their
compatibility with any other buildings existing in the vicinity;
(b) The design of the building must be consistent with the purpose of the Land Use
District in which it is located.
4.5
Dwelling Units per Lot
4.5.1 No person in the Town shall construct or cause to be constructed more than one (1)
dwelling unit per lot.
4.5.2 Section 4.5.1 does not apply to:
(a) Duplexes;
(b) Dwellings containing secondary suites;
Figure 4.3: Sight Triangle
Figure 4.4: Corner and Through Lots
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 31
(c) Multi-unit dwellings; and
(d) Dwellings that are located within an approved manufactured home community.
4.6
Exterior Storage
4.6.1 Exterior storage associated with an approved development permit shall be kept in a
clean and orderly manner at all times and shall be screened from roads and adjacent
residential uses to the satisfaction of the Development Officer.
4.6.2 Exterior display of goods and materials shall normally be temporary and shall be
arranged and maintained in a clean and orderly manner. The location of an exterior
display shall be to the satisfaction of the Development Officer.
4.6.3 Any exterior storage or display shall not unduly interfere with the amenities of the
neighbourhood or materially interfere with the use, enjoyment or value of neighbouring
lots.
4.7.4 Any exterior storage or display shall not interfere with pedestrian or vehicular circulation
or occupy any required parking stalls.
4.7
Fencing and Screening
4.7.1 Screening shall be provided in the form of fencing, berming, or hard or soft landscaping
in order to visually separate areas which detract from the surrounding neighbourhood
unless in the opinion of the Development Officer it is not necessary or feasible. The
construction and materials of the screening shall be of a quality to the satisfaction of the
Development Officer.
4.7.2 Subject to Section 4.3.1, fences located within a residential Land Use District shall be
placed within the lot lines and must not exceed the following height limits:
(a) 1.2 m (4 ft) along the front lot line;
(b) 1.2 m (4 ft) along the first 4.6 m (15 ft) of the side lot line perpendicular from the
front lot line to a maximum of 1.8 m (6 ft) on the remaining side lot line; and
(c) 1.8 m (6 ft) along the rear lot line.
4.7.3 Fences located within a residential Land Use District shall be built in a manner that
allows for the removal of a section with a minimum length of 2.4 m (8 ft) to allow for
servicing of the water shut off valve. Free and clear access to the shut off valve must be
available at all times.
4.7.4 A solid fence with a minimum height of 1.8 m (6 ft) shall be provided on commercial or
industrial lots that abut residential lots, unless a landscaped buffer is provided in
accordance with Section 4.8.3.
4.7.5 Where a fence has been permitted to be higher than 1.8 m (6 ft) in the General Industrial
(IG) or Urban Reserve (UR) Land Use District, no barbed wire shall be permitted below a
height of 1.8 m (6 ft). This requirement may be varied by the Development Officer in an
area where residences would not be in close proximity to the proposed fence.
4.7.6 The electrification of fences is not permitted.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 32
4.7.7 Barbed wire fences are not permitted in residential Land Use Districts or the Primary
Commercial (CP) or Highway Commercial (CH) Land Use Districts.
4.8
Landscaping
4.8.1 Any portion of a lot/site area not occupied by buildings, parking, storage, or required for
vehicle circulation shall be landscaped or be left in its natural state. Landscaping may
consist of hard landscaping, soft landscaping, or some combination thereof.
4.8.2 Any area requiring landscaping or topographic reconstruction shall be landscaped so
that the finished surface contours do not direct surface drainage onto an adjoining site.
4.8.3 In lieu of a fence in accordance with Section 4.7.4, if a proposed commercial or
industrial development is abutting a residential Land Use District, a landscaped buffer of
a minimum 3 m (10 ft) in width shall be provided consisting of:
(a) A mix of deciduous and coniferous trees with at least sixty percent (60%) of these
trees being coniferous;
(b) Trees that are a minimum of 1.8 m (6 ft) in height at the time of planting and a
minimum of 6.1 m (20 ft) high at maturity; and
(c) Shrubs that are a minimum of 1.8 m (6 ft) high at maturity.
4.8.4 All landscaping and planting required must be carried out to the satisfaction of the
Development Officer within one (1) year (weather permitting) of occupancy or
commencement of operation of the proposed development.
4.9
Lighting
4.9.1 Any lighting proposed to illuminate areas in any district shall be located and designed to
the satisfaction of the Development Officer so that all direct light is focused on the area
to be illuminated and not on any adjacent properties or roads.
4.10 Lot/Site Coverage
4.10.1 Lot/site coverage shall be calculated as a percentage
by dividing the total amount of building footprint on a
lot/site by the total lot/site area.
4.10.2 For the purposes of calculating lot/site coverage, the
building footprint shall include:
(a) The principal building;
(b) Accessory buildings or carports;
(c) Porches or verandas;
(d) Any portion of an upper storey that projects
beyond the perimeter of the main floor area; and
(e) Raised decks (Figure 4.5).
4.10.3 For the purposes of calculating lot/site coverage, the
building footprint shall not include hard surfaced areas such as patios and driveways.
Figure 4.5: Lot/Site Coverage
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 33
4.11 Objects Prohibited In Districts
4.11.1 No person shall be allowed to keep or maintain:
(a) A dismantled or derelict vehicle on a site in a residential Land Use District for more
than fourteen (14) consecutive days;
(b) Any excavation, building, or storage of material upon a site during the construction
stage of any development unless all safety requirements are complied with and the
registered owner and developer of any such site shall assume full responsibility for
on-site safety measures; and
(c) Any excavation, equipment, or construction materials to remain on a site over a
period longer than is reasonably necessary to complete construction.
4.12 Parking and Loading Facilities
4.12.1 Off-street parking shall be provided in accordance with Table 4.1 and any accessibility
requirements under the Safety Codes Act.
Table 4.1: Parking Requirements
Land Use
Minimum
Requirement
Residential
Multi-Unit Dwelling
Studio Unit
1 Bedroom Unit
2 Bedroom Unit
3+ Bedroom Unit
Visitor Parking
1 stall per unit
1 stalls per unit
1.5 stalls per unit
2 stalls per unit
1 stall per 10 units
Secondary Suite
1 stall in addition to
principal dwelling
requirement
Single Detached Dwelling, Manufactured Home,
Accessory Dwelling
2 stalls
Duplex
2 stalls per unit
Residential Care Facility
1 stall per employee
plus 1 visitor stall per
3 units
Manufactured Home Community
2 stalls per dwelling
site plus 1 stall for
visitor parking per 4
sites
Commercial
Professional Services, Personal Services, Bakery,
Dealership
1 stall per 46 m2
(500 ft2) of GFA
(gross floor area)
Amusement Facility, Financial Services, Child Care
Facility, Cannabis Retail Sales, Retail Store, Medical
Clinic, Veterinary Clinic
1.5 stall per 46 m2
(500 ft2) of GFA
Restaurant, Drinking Establishment
1 stall per 4 seats
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 34
Land Use
Minimum
Requirement
Motel, Hotel
1 stall per guest unit
plus 1 stall per 2
employees.
Where a hotel and/or
restaurant and/or
drinking
establishment are
grouped in any
combination on a
site, the required
number of parking
spaces may be
reduced to the
discretion of the
Development Officer
to 75% of the
combined total of all
specific uses.
Car and Truck Wash
0.75 stall per
employee on a
maximum working
shift.
Mini Storage
1 stall per 92 m2
(10,000 ft2) of GFA or
1 stall per 70 storage
units
Recreation, Indoor
1.5 stall per 46 m2
(500 ft2) of GFA
Automotive and Equipment Repair, Auto Body and
Paint Shop
1 stall per 56 m2 (600
ft2) of GFA
Bulk Fuel, Chemical or Cardlock
1 stall per fuelling
position for large
vehicle parking
(tractor trailer unit).
Building Supplies
1 stall per 158 m2
(1,700 ft2) of GFA
Service Station, Gas Bar
0.75 stall per fueling
position or 1.5 stalls
per 46 m2 (500 ft2) of
GFA, whichever is
greater
Public Uses
Community Hall or Facility, Private Club or Lodge
1 stall per 3.5 seats
or 1 stall per 3 m2 (32
ft2) of floor area used
by patrons,
whichever is greater.
Arena
60 stalls per ice
surface.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 35
Land Use
Minimum
Requirement
Curling Rink
8 parking stalls per
sheet, plus 1 stall per
staff member (peak
on shift)
Religious Assembly
1 stall per 5 seating
spaces
Emergency Services
As required by the
Development Officer.
Museum
1 stall per 100 m2
(1,075 ft2) of GFA
Elementary School
Junior/Senior High School
1 stall per classroom
2 stalls per
classroom
Industrial
Agricultural Industry, Cannabis Production Facility,
General Industrial Use, Light Manufacturing Industry,
General Contractor, Limited Contractor, Greenhouse,
Public Utility, Truck and Rail Transload Facility, Truck
Terminal, Warehouse
1 stall per employee
on a maximum
working shift.
All Other Uses
1 stall per 37 m2 (400
ft2) of GFA
4.12.2 When a building is enlarged, altered or changed in use, in such a manner as to cause an
intensification of the use of that building, provision shall be made for the additional
parking stalls required. The required parking shall be based only on the number of
additional parking stalls required due to the enlargement, change in use, or
intensification of the use of the building.
4.12.3 Parking stalls shall be located on the same site as the building or use for which it is
required and shall be designed, located and constructed so that:
(a) It is reasonably accessible to the vehicles intended to be accommodated there;
(b) It can be properly maintained; and
(c) It is satisfactory to the Development Officer in size, shape, location and construction.
4.12.4 Off-Site Parking
(a) Notwithstanding Section 4.12.3 and excluding residential Land Use Districts, the
Development Officer may allow for the required number of parking stalls to provide
the required off-street parking on land other than the development site provided that
(i) The proposed parking is located and developed to the satisfaction of the
Development Officer, and
(ii) The continued use of the proposed parking lot is secured through a lease,
registered by caveat on the alternate site.
(b) Developments located in the Primary Commercial (C-1) District that are unable to
meet the required number of on-site parking stalls may be permitted to provide
cash-in-lieu of parking, the money to be paid to the Town and allocated to the
development of public parking lots in the downtown area. The cash amount will be
based on the market value of the subject land and development costs.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 36
4.12.5 Parking stalls shall meet the minimum requirements outlined in Table 4.2 and Figure
4.6.
Table 4.2: Parking Stall Dimensions
Angle of
Parking
A
Width of Stall
B
Width of Aisle
C
Depth of Stall
Perpendicular to Aisle
D
30
2.5 m for
residential use
2.7 m for other
uses
3.5 m
5.1 m
45
3.7 m
6.0 m
60
5.5 m
6.4 m
90
7.0 m
6.0 m
Parallel
3.5 m
7.0 m stall length
Figure 4.6: Parking Stall Dimensions
4.12.6 All loading spaces shall be a minimum of:
(a) 28 m2 (300 ft2) in area,
(b) 3.5 m (11.5 ft) in width, and
(c) 4 m (13 ft) of overhead clearance.
4.12.7 All required parking stalls or loading spaces shall be developed and surfaced to the
satisfaction of the Development Officer within twelve (12) months of the completion of
the approved development.
4.12.8 All on-site parking stalls provided or required for a development in a commercial Land
Use District, and the access thereto, including the area contained within the road right-
of-way to which the curb crossing applies, shall be hard surfaced if the access thereto
is from a road or lane that is hard surfaced.
4.12.9 Adequate curbs, pre-cast barrier curbs, or fences shall be provided to the satisfaction of
the Development Officer where it is deemed necessary in order to protect adjacent
fences, walls, boulevards, landscaped areas, or buildings from contact with vehicles.
4.12.10 Parking shall be provided in the manner shown on the approved site plan with the
entire area to be graded so as to ensure that drainage will be disposed of in a manner
satisfactory to the Development Officer.
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Land Use Bylaw No. 733
December 2020
Page 37
4.12.11 For all commercial, public and recreational uses, a portion of the parking area nearest
the principal building shall be designated as barrier free in accordance with the Alberta
Building Code Barrier-Free Design Guide.
4.13 Permitted Encroachments
4.13.1 The portions of and attachments to a principal
building or accessory building that
may project over or on a yard are:
(a) On a site in a residential Land
Use District, a cornice, sill, a
canopy or eaves that project for a
distance not exceeding one-half
of the minimum side yard
required for the lot;
(b) A chimney which projects 0.6 m
(2 ft) or less provided that in each
case it is not less than 0.9 m (3 ft)
from the side boundary of the
site;
(c) Unenclosed steps with or without
a landing and above the surface
to the yard if they do not project more than 2.4 m (8 ft) over or on a minimum
front yard or rear yard;
(d) Solar collectors that are mounted on the side of a building (Figure 4.7).
4.14 Relocation of Buildings
4.14.1 Where a development permit has been granted for the relocation of a residential building
on the same site or from another site, the Development Officer may require the applicant
to provide:
(a) A performance security of such amount to ensure completion of any renovations set
out as a condition of approval of a development permit; and/or
(b) An engineer's certificate to confirm that the building is structurally sound.
4.14.2 Renovations shall be completed within one (1) year of the issuance of a development
permit.
4.14.3 Costs for damages and repair to municipal infrastructure arising from or caused by
relocation shall be the responsibility of the applicant and/or developer and shall be paid
to the Town on demand.
4.15 Removal of Topsoil and Site Grading
4.15.1 Stripping, excavating or grading of land that is required solely for the development of a
site may only occur after a development permit has been approved for the proposed
development on that site.
Figure 4.7: Permitted Encroachments
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 38
4.15.2 For the purpose of this section, stripping and grading refers to those activities required
for construction or building purposes.
4.15.3 Notwithstanding Section 4.15.2, the removal of topsoil from agricultural lands shall only
be permitted if required in order to prepare the subject land for an approved
development. If top soil is proposed to be removed for any other purpose, such activity
shall require a development permit.
4.15.4 No drainage measures undertaken as part of a development shall negatively impact
adjacent lots by way of flooding or inundation through the redirection of surface water. In
the event that a development is found to affect neighbouring lands, all required mitigation
measures required to remedy the problem including drainage structures, drainage
easements, and retaining walls, shall be at the developer's sole expense.
4.15.5 The Development Officer may require the applicant to submit a grading plan in support of
a development permit application.
4.16 Transportation
A Roadside Development Permit shall be required from Alberta Transportation pursuant
to the Highway Development and Protection Act and the Highway Development and
Protection Regulation, and amendments thereto, for all developments occurring within
300 m (984 ft) of a highway right-of-way boundary, or within 0.8 km (0.5 mi) of an
intersection of a highway with a municipal road.
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Land Use Bylaw No. 733
December 2020
Page 39
SECTION 5 SPECIAL REGULATIONS
5.1
Accessory Buildings
5.1.1
For the purpose of calculating yard setbacks and lot/site coverage requirements as
provided for in this bylaw, when an accessory building is attached to the principal
building on a site by a roof, an open or enclosed structure, a floor, or a foundation, it is to
be considered a part of the principal building and not as an accessory building.
5.1.2
An accessory building shall be located at least 1.8 m (6 ft) from any principal building.
5.1.3
Unless otherwise permitted in this bylaw, an accessory building located on a lot in a
residential Land Use District shall not be used as a dwelling unit.
5.1.4 In a residential Land Use District, no accessory building or use shall be located in the
front yard or exterior side yard of any principal building.
5.1.5 Notwithstanding Section 5.1.4, where access to a rear yard is obtained via a developed
lane, an accessory building used as a garage shall have a minimum rear yard setback of
6.1 m (20 ft) where the vehicle entrance faces the lane.
5.1.6 Notwithstanding Section 5.1.4, an accessory building may be constructed to the lot line
provided that it shares a common wall with an accessory building on the adjacent lot or if
a fire rated wall meeting the requirements of the Alberta Building Code is provided.
There will be no overhang of eaves and all drainage is confined to the site.
5.1.7 Notwithstanding any other provision of this bylaw, an accessory building shall not exceed
the height of the principal building in a residential Land Use District.
5.1.8 Accessory buildings should be compatible in design with the principal building and of a
quality that is to the satisfaction of the Development Officer.
5.2
Bed and Breakfast
5.2.1 A bed and breakfast shall only be developed within a single detached dwelling.
5.2.2 A bed and breakfast shall not be developed within the same dwelling containing a home
based business or a secondary suite.
5.2.3 Interior or exterior alterations and additions or renovations to permit a single detached
dwelling to be used as a bed and breakfast may be allowed if such alterations, additions,
or renovations comply with the Safety Codes Act.
5.2.4 The operator of the bed and breakfast shall be a permanent resident of the dwelling in
which it is located.
5.2.5 One (1) on-site parking stall for each guest room shall be provided in addition to any
other parking stalls required to serve the principal building.
5.2.6 One (1) unlit sign with a maximum size of 900 cm2 (140 in2) shall be permitted to
advertise the bed and breakfast.
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December 2020
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5.3
Cannabis Retail Sales
5.3.1 The registered 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 municipal legislation.
5.3.2 Cannabis retail sales shall not be located within 100 m (328 ft) from a private or public
school and playground.
5.3.3 The separation distance between uses shall be measured from lot line to lot line.
5.3.4 The development shall not operate in conjunction with another approved
use.
5.3.5 Customer access to the cannabis retail sales use is limited to a store front that is visible
from the road.
5.3.6 No customer parking shall be located at the rear of the cannabis retail sales building.
5.3.7 All parking areas in front of the building shall be well lit to the satisfaction of the
Development Officer during operating hours.
5.3.8 All loading or receiving areas shall be well lit to the satisfaction of the Development
Officer.
5.4
Cannabis Production Facility
5.4.1 The registered owner or applicant must provide as a condition of development a copy of
the current licence for all activities associated with cannabis production as issued by the
Federal Government.
5.4.2 The registered 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 municipal legislation.
5.4.3 The development must be done in a manner where all the processes and functions are
fully enclosed within a stand-alone building including all loading stalls and docks, and
garbage containers and waste material.
5.4.4 The development shall not include an outdoor area for storage of goods, materials or
supplies.
5.4.5 The development shall not operate in conjunction with another approved use.
5.4.6 The development must include equipment designed and intended to remove odours from
the air where it is discharged from the building as part of a ventilation system.
5.4.7 The Development Officer may require, as a condition of a development permit, a waste
management plan, completed by a qualified professional, which includes but is not
limited to, details on:
(a) The incineration of waste products and airborne emissions, including smell;
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 41
(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 collection and disposal of
liquid and waste material discharged by the facility.
5.5
Car and Truck Washes
The minimum lot/site area shall be 743 m2 (8,000 ft2) and shall contain parking space for
six (6) vehicles prior to their entry into any part of the cleaning process. In the case of
service stations that have car and truck washes installed, the minimum lot/site area shall
be 1,115 m2 (12,000 ft2).
5.6
Child Care Facilities
A child care facility shall comply with the provisions of the Child Care Licensing Act and
the Child Care Licensing Regulation concerning site requirements, development
standards and licensing.
5.7
Communication Towers and Antenna Systems
Note: Industry Canada is responsible for regulating radio communication in Canada and for
authorizing the location and height of radio communication facilities, including radio,
television and microwave transmission facilities. In making its decision regarding
transmission, communication and related facilities, Industry Canada considers the
following:
- The input provided by the Town;
- Compliance with Transport Canada's painting and lighting requirements for
aeronautical safety;
- Health Canada's safety guidelines respecting limits of exposure to radio frequency
fields; and,
- An environmental assessment may be required in order to comply with the federal
Environmental Assessment Act.
5.7.1 No person shall construct or cause to be constructed a communication tower or antenna
system unless a development permit has first been issued in accordance with this Bylaw.
5.7.2 The Development Officer shall submit a letter of concurrence to Industry Canada upon
completion of a processed application detailing:
(a) Its opinion as to whether the location of a new telecommunications facility is
appropriate from the Town's land use perspective;
(b) Whether or not, in the Town's opinion, adequate public consultation has been
conducted by the carrier; and
(c) The degree to which the carrier has met the regulations in this section as they relate
to location, design and visual impact.
5.8
Decks
5.8.1 A deck may encroach up to 1.5 m (5 ft) into a required front yard setback provided that
the deck is uncovered and unenclosed by walls, lattice or other similar material.
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5.8.2 Decks that are covered and/or enclosed from above shall be considered an addition to
the principal building. A covered and/or enclosed deck is required to meet the district
requirements for the principal building and is included in the lot/site coverage calculation.
5.8.3 Decks that are attached to a side-side duplex dwelling or a multi-unit dwelling may
extend to the common lot line between units if the deck is provided with a privacy wall.
5.8.4 At the discretion of the Development Officer, a deck may encroach into any required
yard where the deck is designed to accommodate access to a dwelling for a person with
a mobility disability.
5.8.5 A ground level deck may be built within 15 cm (0.5 ft) of an interior side lot line and up to
a rear lot line.
5.8.6 A raised deck shall be set back a minimum of 1.5 m (5 ft) from an interior side lot line
and 4.6 m (15 ft) from a rear lot line.
5.9
Drive-Through Businesses
5.9.1 Notwithstanding the applicable district regulations, drive-through businesses shall not be
located on a site that in the opinion of the Development Officer would be considered
unsafe in terms of vehicle circulation, access and egress.
5.9.2 Exits and entrances shall be as approved by the Development Officer and circulation
within the lots shall be one-directional and adequately signed.
5.9.3 Where a drive-through business is abutting a residential Land Use District, screening
shall be provided to the satisfaction of the Development Officer.
5.10 Home Based Business
5.10.1 Home based businesses shall be limited to those uses which do not interfere with the
rights of other residents to the quiet enjoyment of a residential neighbourhood and shall
not create a nuisance by way of dust, noise, smell, smoke or traffic generation.
5.10.2 Home based businesses shall be evaluated in accordance with the requirements outlined
in Table 5.1.
5.10.3 Home based businesses are limited to those uses which are approved by the
Development Officer.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 43
Table 5.1: Home Based Business Development Requirements
(a) Location
Shall be an incidental and subordinate use to the principal
residential use and shall be restricted to the dwelling.
(b) Exterior Storage
None.
(c) Commercial Vehicles
None larger than a pickup or cargo van on site.
(d) Employees
None other than the resident and members of the resident's
family who permanently reside in the dwelling.
(e) Size
Limited to 30 m2 (323 ft2).
(f) Signage
No display of commercial advertising, wares or products
discernible from the outside of the building but may display
an unlit sign that is a maximum of 900 cm2 (140 in2).
(g) Alterations to Building
No alterations to principal building unless approved by the
Development Officer as part of a development permit
application.
5.10.4 Home based businesses involving such activities as personal services, food preparation
(including bottling of water), child care facilities, and bed and breakfasts are required to
conform to the standards administered by the local Heath Authority, and to obtain all
necessary licenses required under the applicable legislation.
5.10.5 An application for a development permit for a home based business shall include:
(a) A description of the business to be undertaken at the premises;
(b) An indication of the number of business visits per week;
(c) Details for the provision of parking; and
(d) Where any materials or equipment associated with the business use are to be
stored.
5.10.6 A development permit for a home based business may be issued on a temporary basis
and may be subject to annual review/reissuance.
5.11 Manufactured Homes
5.11.1 Manufactured homes, accessory structures, additions, porches and skirting shall be of
sound construction and appearance to the satisfaction of the Development Officer.
5.11.2 Notwithstanding Section 5.11.1, manufactured homes will not be permitted if greater
than ten (10) years old at the time of application, unless the subject manufactured home
is being relocated between lots within the Town.
5.11.3 The undercarriage of a manufactured home shall be completely screened from view by a
fireproof skirting or such other means acceptable to the Development Officer within thirty
(30 days) of placement.
5.11.4 Axles, wheels, running gear and towing tongue shall be removed from a manufactured
home within thirty (30) days of placement.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 44
5.11.5 Manufactured homes shall be attached to a permanent foundation in accordance with
the requirements of the Alberta Building Code.
5.12 Religious Assembly
5.12.1 Religious assembly shall be evaluated in accordance with the requirements outlined in
Table 5.2.
Table 5.2: Religious Assembly Development Requirements
(a) Lot/Site Width (minimum):
30 m (98.5 ft)
(b) Lot/Site Area (minimum):
929 m2 (10,000 ft2).
(c) Setbacks (minimum):
Consistent with those of other developments
in the Land Use District.
(d) Building Height (maximum):
15 m (50 ft)
5.12.2 In the case where a manse, rectory, parsonage or other building for a minister's
residence is to be erected on the same site as the church, the combined area of the site
shall not be less than 1,390 m2 (14,962 ft2).
5.13 Satellite Dish Antennas
5.13.1 Unless attached to a principal building or structure, a satellite dish antenna shall conform
to the site requirements for accessory buildings.
5.13.2 The satellite dish antenna shall be located on the same site as the intended signal user.
5.13.3 Section 5.13.1 and Section 5.13.2 may be waived where the applicant can
demonstrate, to the satisfaction of the Development Officer, that compliance would
prevent signal reception.
5.13.4 If a signal cannot be received in a location other than a front yard, the minimum front
yard setback shall be 3.3 m (10 ft).
5.14 Secondary Suites
5.14.1 A secondary suite may be developed only in a single detached dwelling and only where
listed as a Permitted Use or Discretionary Use.
5.14.2 Secondary suites shall be evaluated in accordance with the requirements outlined in
Table 5.3.
5.14.3 A secondary suite shall not be allowed in an accessory building.
5.14.4 A separate entrance door shall be required for a secondary suite but shall not be located
on any front building elevation facing a road. Notwithstanding this requirement, however,
a single-entry door providing access to an enclosed, shared entry area may be provided.
Town of Wembley
Land Use Bylaw No. 733
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Table 5.3: Secondary Suite Development Requirements
(a) Number
A maximum of one (1) per single detached dwelling.
(b) Size of Suite
Shall not exceed 40% of the total floor area of the
principal building, including upper floors and basement
combined, or 90 m2 (969 ft2), whichever is less, and
shall not be smaller than 38 m2 (409 ft2).
(c) Parking
One (1) on-site stall per secondary suite for the exclusive
use of the occupant of the secondary suite, in addition to
any other parking stalls required to serve the principal
building.
5.14.5 The number of secondary suites is limited to a maximum of three (3) within a 50 m (165
ft) radius surrounding and including the site of a proposed secondary suite. In addition,
no more than two (2) single detached dwellings containing secondary suites will be
allowed in a row.
5.15 Service Stations and Gas Bars
5.15.1 Service stations or gas bars shall be evaluated in accordance with the requirements
outlined in Table 5.4.
Table 5.4: Service Station/Gas Bar Development Requirements
(a) Lot/Site Area (minimum):
557 m2 (5,995 ft2).
(b) Lot/Site Coverage (maximum):
15%. Where a service station or gas bar forms
part of a larger commercial development, the
minimum lot/site area and maximum lot/site
coverage may be varied at the discretion of the
Development Officer.
5.15.2 Where a gas bar or service station is proposed to include a retail store, and/or a car and
truck wash, the Development Officer shall ensure that the location of parking and
circulation area does not interfere with the free movement of refuelling vehicles.
5.15.3 All parts of the site to which vehicles have access shall be hard surfaced and drained to
the satisfaction of the Development Officer.
5.15.4 No activity shall be carried on which constitutes a nuisance or annoyance to persons
occupying land in the immediate vicinity of the site by reason of dust, noises, gases,
odours, smoke, or vibration.
5.15.5 Landscaping shall be provided and maintained to the satisfaction of the Development
Officer.
5.15.6 Fencing or screening to the satisfaction of the Development Officer shall be provided
along the lot line separating a service station or gas bar from any abutting residential
Land Use Districts.
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5.16 Signs
5.16.1 Except where provided for in Section 6.2, no directional sign or sign of an advertising,
directional or information nature shall be erected on land or affixed to any exterior
surface of any building or structure unless an application for this purpose has been
approved by the Development Officer.
5.16.2 In considering a development application for a sign the Development Officer shall have
due regard to the amenities of the area and the design of the proposed sign. In applying
for a development permit for a sign, the applicant shall provide complete sign details (i.e.
size, colour, layout, construction materials, location, etc.).
5.16.3 No sign, other than one providing a public service and deemed appropriate by the
Development Officer, shall be permitted to locate within a boulevard, road right-of-way or
on municipal reserve lands.
5.16.4 No sign shall be approved if, in the opinion of the Development Officer, the sign:
(a) Displays an intermittent, flashing or rotating light or lights or has rotating or moving
parts;
(b) Unduly interferes with the amenities of the area;
(c) Materially interferes with or affect the use, enjoyment or values of neighbouring
properties;
(d) Creates a safety hazard; or
(e) Displays lighting of an intensity and colour that may interfere with or be confused
with an authorized traffic sign or traffic control device.
5.16.5 There shall be a minimum clearance height of 2.5 m (8 ft) above average finished grade
to the bottom of any sign projecting over a public right-of-way or sidewalk.
5.16.6 No sign shall project more than 1.5 m (5 ft) above the top of any main wall or parapet to
which it is affixed, unless in the opinion of the Development Officer it is has been
designed as an integral part of the building.
5.16.7 No sign shall project more than 1.5 m (5 ft) from the face of any building to which it is
affixed, unless in the opinion of the Development Officer it is has been designed as an
integral part of the building.
5.16.8 Freestanding signs shall be set back a minimum of 1 m (3 ft) from a lot line.
5.16.9 The Development Officer may refuse to allow any sign which is deemed to be offensive
in nature or inappropriate in design.
5.16.10 All signs shall be kept in good repair and maintained in a manner satisfactory to the
Development Officer.
5.16.11 The Development Officer may require the removal of any permanent sign that is or has
become unsightly, or is in such a state of disrepair as to constitute a hazard.
5.16.12 Any sign, notice or advertising device shall require approval from Alberta Transportation if
it is erected within
(a) The limits of the right-of-way of a highway;
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(b) 305 m (1,000 ft) from a right-of-way limit of a highway; or
(c) 800 m (0.5 mi) of the centre point of the intersection of a highway with another
highway or a public road.
5.17 Solar Collectors
5.17.1 Solar collectors may be affixed to a building or structure wall, mounted to the roof of a building
or structure, or mounted to the ground as a freestanding structure. The maximum number of
solar collectors per lot and location shall be at the discretion of the Development Officer.
5.17.2 Solar collectors must be located such that they do not create undue glare on neighbouring
parcels or public roads.
5.17.3 Solar collectors mounted to the roof of a building or structure must not extend beyond the
outermost edge of the roof.
5.17.4 The maximum projection of solar collectors affixed to the wall of a building or structure in a
residential Land Use District shall be:
(a) 1.5 m (5 ft) from the surface of a wall that faces a rear lot line; and
(b) In all other cases, 0.6 m (2 ft) from the surface of that wall.
5.17.5 Freestanding solar collectors shall be subject to the setback requirements for accessory
buildings.
5.17.6 The maximum height of a freestanding solar collector shall not exceed 2.4 m (8 ft).
5.18 Solar Energy Facilities
5.18.1 The applicant shall obtain and demonstrate compliance with all relevant Alberta Utilities
Commission and other provincial and federal permits, approvals and licenses.
5.18.2 An environmental impact assessment may be required by the Development Officer.
5.18.3 The Development Officer may require landscaping in addition to the regulations
described in Section 4.8.
5.18.4 The Development Officer, at its discretion, may require the development permit
application to include a proposal for the reclamation of the lot, prepared by a qualified
professional, and other documentation or studies in support of the application.
5.19 Temporary Storage
5.19.1 Sea-cans shall not be located:
(a) On a lot in a residential Land Use District, or
(b) In the front yard of a lot in any other Land Use District;
5.19.2 Sea-cans shall not be stacked one upon the other.
5.19.3 Sea-cans shall be screened from public view to the satisfaction of the Development
Officer and shall be painted or finished to match the principal building on the subject lot.
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5.19.4 A temporary structure being used as a garage shall not be located in the front yard of a
lot or site in a residential Land Use District.
5.20 Wind Energy Conversion Systems (WECS), Small Scale
5.20.1 A development permit application for a Small Scale WCES shall meet or exceed all
provincial and federal regulations and shall include the manufacturer's specifications
indicating:
(a) The WECS rated output in kilowatts;
(b) Safety features and sound characteristics;
(c) Type of material used in tower, blade, and/or construction;
(d) Turbine height;
(e) Blade diameter and rotor clearance;
(f) Canadian Standards Association approval, if applicable;
(g) Potential for electromagnetic interference;
(h) Nature and function of over speed controls that are provided;
(i) Specifications on the foundations and/or anchor design, including location and
anchoring of any guy wires;
(j) Information demonstrating that the system will be used primarily to generate on-site
electricity;
(k) Location of existing buildings or improvements; and
(l) An analysis for noise to any residences located within a 200 m (656 ft) radius of the
proposed WECS.
5.20.2 Prior to making a decision on a development application for a Small Scale WECS, the
Development Officer may refer and consider the input of any authorities having
jurisdiction and any applicable legislation.
5.20.3 Notwithstanding the maximum height provisions applicable to a site, the total height of a
Small Scale WCES may exceed the maximum building height of a District by a maximum
of 1.8 m (6 ft).
5.20.4 The blade clearance of a Small Scale WCES shall be a minimum of 4.6 m (15 ft) above
grade.
5.20.5 A Small Scale WECS shall meet the setback requirements of the Land Use District in
which it is to be located.
5.20.6 Notwithstanding Section 5.20.5, a Small Scale WECS shall be set back from any lot line
a minimum distance equal to the height of the structure.
5.20.7 The maximum diameter of the blades shall be 3 m (10 ft).
5.20.8 A maximum of one (1) Small Scale WECS shall be allowed on a lot.
5.20.9 A Small Scale WCES shall comply with the following:
(a) The system shall be equipped with manual and automatic over speed controls;
(b) The conformance rotor and over speed control design and fabrication to good
engineering practices shall be certified by a licensed mechanical, structural or
electrical engineer.
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SECTION 6 ADMINISTRATIVE PROVISIONS
6.1
Development Permits Required
Except as provided in Section 6.2, no person shall undertake any development unless:
(a) A development permit has first been issued pursuant to this bylaw; and
(b) It is in accordance with the terms and conditions of a development permit issued
pursuant to this bylaw.
6.2
Development Permits Not Required
A development permit is not required for the following developments, provided they
otherwise comply with the provisions of this bylaw:
(a) Works of maintenance, repair or renovation on a structure, both internal and
external, if in the opinion of the Development Officer, such work:
(i) Does not include structural alterations,
(ii) Does not change the use or intensity of the use of the structure, and
(iii) Is performed in accordance with obligatory legislation or other government
regulations;
(b) A change in the business or the occupancy of a building which, in the opinion of the
Development Officer, does not constitute a change in the type of use of the site;
(c) The completion of a building which is lawfully under construction at the date this
bylaw comes into full force and effect, provided that:
(i) The building is completed in accordance with the terms of any permit granted by
the Town, and
(ii) The building is completed within a period of twelve (12) months from the date
this bylaw comes into effect;
(d) The erection, construction, or maintenance of gates, fences, walls or other means of
enclosure less than 2 m (6.5 ft) in height provided that it does not contravene any
other provision of this bylaw;
(e) The erection or installation of machinery needed in connection with operations for
which a development permit has been issued, for the period of those operations;
(f) The construction and maintenance of that part of a public utility or public use placed
in or upon a road right-of-way, boulevard, public utility lot or easement;
(g) The use of land of which the Town is the legal or equitable registered owner for a
purpose approved by a two-thirds majority vote of Council in connection with any
public utility or public use;
(h) The use of a building or part thereof as a temporary polling station for a federal,
provincial or municipal election or referendum;
(i) An official notice, sign, placard, or bulletin required to be displayed pursuant to the
provisions of federal, provincial, or municipal legislation;
(j) One (1) temporary, on-site sign which does not exceed 1 m2 (11 ft2) in area nor 1.2
m (3.9 ft) in height and is intended for:
(i) Advertising the sale or lease of a dwelling unit, or property, or
(ii) Identifying a construction or demolition project for which a development permit
has been issued, or
(iii) Identifying a political or charitable campaign, or
(iv) Advertising a campaign or drive which has been approved by Council;
(k) Commemorative plaques and cornerstones of a non-advertising nature;
(l) The construction, maintenance and repair of private walkways, private pathways,
private driveways, and similar works;
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(m) The stripping or stockpiling of soil, installation of utilities and construction of roads in
accordance with a current, signed development agreement;
(n) One (1) accessory building that does not exceed 9 m2 (97 ft2) in area and that is
accessory to a Permitted Use in a residential Land Use District;
(o) Satellite dish antennas that are less than 0.9 m (3 ft) in diameter;
(p) A temporary building, the sole purpose of which is incidental to the erection or
alteration of a permanent building, for which a development permit has been issued;
(q) Public projects undertaken by government authorities including the construction of
roads, bridges, drainage ditches, public utilities, parks and the erection of signs;
(r) The continued agricultural use of a parcel that is assessed as farmland and used for
extensive agricultural operations;
(s) Low level decks; and
(t) A sea-can located on a lot in the Highway Commercial (CH) or General Industrial
(IG) Land Use Districts.
6.3
Forms
The forms required to administer the provisions of this bylaw are contained in Schedule
B. The forms contained in Schedule B may be revised or replaced at the discretion of
the Town without an amendment to this bylaw.
6.4
Development Permit Applications
6.4.1 An application for a development permit shall be made to the Development Officer in
writing, on the prescribed form, and shall be signed by the registered owner, applicant or
his authorized agent. In the event that the registered owner is not the applicant for a
development permit, then consent of the registered owner shall be required.
6.4.2 The Development Officer may require any or all of the following information as part of
the development permit application:
(a) A completed application form;
(b) A statement describing the proposed use of the site;
(c) The estimated commencement and completion dates;
(d) The estimated cost of the project or contract price;
(e) Building plans showing floor plans, elevations, and exterior finishing;
(f) Site plans showing:
(i) The legal description and municipal address of the site,
(ii) Dimensions of the site,
(iii) Utilities, site drainage, grade elevations, existing and finished lot grades, the
grades of the streets and the location of proposed sewer and water lines,
(iv) The height, dimensions, and relationship to property lines of all existing and
proposed buildings and structures including retaining walls, trees, landscaping
and location of fencing,
(g) In addition to the above, on applications for multiple unit dwellings, commercial,
industrial, recreational, or institutional uses:
(i) Loading and parking provisions,
(ii) Access locations to and from the site,
(iii) Garbage and storage areas and the fencing and screening proposed for same,
(iv) Location and approximate dimensions of existing and proposed culverts and
crossings;
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(h) Other features may be required to be shown as deemed necessary by the
Development Officer.
6.4.3 In addition to the requirements of Section 6.4.2, other information may be required to
evaluate the application, including but not limited to:
(a) A geotechnical report in a potentially hazardous or unstable area;
(b) A traffic impact assessment;
(c) An environmental site assessment to determine potential contamination and
mitigation;
(d) An environmental impact assessment for a development with potential significant
environmental effects; or
(e) A wetland assessment.
6.4.4 Each development permit application shall be accompanied by a non-refundable
processing fee, the amount of which shall be determined from time to time by resolution
of Council.
6.4.5 The Development Officer shall consider and decide on development permit applications
within forty (40) days of receipt of the application in its complete and final form in
accordance with Section 6.6. If a decision is not made within forty days of the receipt of
the complete application, the permit shall, at the option of the applicant, be deemed
refused. Alternately, the applicant may at their discretion enter into a time extension
agreement with the Development Officer to extend the forty (40) day period using the
prescribed form.
6.4.6 If an extension agreement pursuant to Section 6.4.5 has not been entered into, the
applicant may deem the application to be refused if a decision has not been made within
the forty (40) day limit.
6.5
Subdivision Applications
6.5.1 A subdivision application shall be made to the Development Officer in writing on the
prescribed form and shall be signed by the registered owner or an authorized agent.
6.5.2 The Development Officer shall require the following information in order to be considered
a complete subdivision application:
(a) The application form;
(b) A right of entry form signed by the registered owner;
(c) A tentative plan;
(d) A copy of the certificate of title dated within thirty (30) days of the application;
(e) A map illustrating the land uses on all adjacent lands;
(f) Information respecting existing and proposed sources of water;
(g) Information respecting existing and proposed methods of sewage disposal, including
setback distances; and
(h) The prescribed non-refundable application fee, the amount of which shall be
established by resolution of Council from time to time.
6.5.3 In addition to the requirements of Section 6.5.2, other information may be required by
the Subdivision Authority to review a subdivision application, including: soil testing,
geotechnical reports, site topography and drainage patterns.
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6.6
Determination and Notification of Complete Applications
6.6.1 Within twenty (20) days of receipt of a subdivision or development permit application
pursuant to Section 6.4.2 or Section 6.5.2, the Development Officer shall determine
whether an application is complete, unless an agreement is reached between the
Development Officer and the applicant to extend the twenty (20) day period. If the
Development Officer fails to determine that the application is complete within the
prescribed time period, the application shall be deemed to be complete.
6.6.2 When, in the opinion of the Development Officer an application is deemed to be
incomplete, the applicant shall be advised in writing that the application is incomplete,
and that the application will not be processed until all of the required information is
provided. The written notice shall include a description of the information required for the
application to be considered complete and the deadline by which the required
information is to be submitted. The failure to submit the required information in
accordance with the notice shall result in the application being deemed refused and may
be appealed in accordance with Section 6.11.
6.6.3 Once an application is deemed to be complete in accordance with Section 6.6.1 or
Section 6.6.2, the applicant shall be notified in writing that the application is complete,
and the Development Officer shall process the application.
6.6.4 The requirements of this Section do not apply to the optional information identified in
Section 6.4.3 and Section 6.5.3, but if required shall be provided by the applicant to the
Approving Authority prior to a decision being made.
6.7
Referrals
6.7.1 The Development Officer may refer a development permit application to any government
agency, the registered owner(s) of adjacent lots, or any person or agency with a
registered encumbrance on the subject land for comment and advice.
6.7.2 Notwithstanding Section 6.7.1, upon receipt of a development permit application for a
Permitted Use requiring a variance or a Discretionary Use, the Development Officer shall
send a written notice to the registered owner(s) of all adjacent lots that includes:
(a) the location and nature of the proposed development; and
(b) the method and date to submit comments; and
(c) a copy of the application.
6.7.3 After fourteen (14) days from the date of a referral under Section 6.7.1 or Section 6.7.2,
the Development Officer may decide on the application whether or not comments have
been received.
6.7.4 The Development Officer shall circulate an application for subdivision to the registered
owner(s) of adjacent lots, and all agencies required under the Regulation for review and
comment. A subdivision application may also be circulated to any person or agency with
a registered encumbrance on the subject land.
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6.8
Development Officer's Discretion
6.8.1 In making a decision on an application for a Permitted Use, the Development Officer
shall:
(a) Approve with or without conditions, a development permit application provided the
proposed development conforms with this bylaw; or
(b) Refuse a development permit application if the proposed development does not
conform with this bylaw.
6.8.2 In making a decision on an application for a Discretionary Use, the Development Officer:
(a) May approve, either permanently or for a limited period of time and with or without
conditions, a development permit application which meets the requirements of this
bylaw;
(b) May refuse a development permit application on its merits even though it meets the
requirements of this bylaw;
(c) Shall refuse a development permit application which does not meet the
requirements of this bylaw.
6.8.3 A development permit application for a use which is not listed as a Permitted Use or a
Discretionary Use in the subject Land Use District shall be refused.
6.8.4 Notwithstanding Section 6.8.3, the Development Officer may determine that the
proposed use of land or a building is similar in character and purpose to a use listed
under that Land Use District, despite that the use is not listed as a Permitted Use or
Discretionary Use in this Bylaw, the Development Officer may issue a development
permit.
6.8.5 In reviewing a development permit application for a Discretionary Use, the Development
Officer shall have regard for:
(a) The purpose and intent of the Act, as well as any statutory plans adopted by the
Town;
(b) The circumstances and merits of the application, which may include such items as:
(i)
Impact of nuisance factors such as smoke, airborne emissions, odours and
noise on nearby properties;
(ii) The design, character and appearance of the development shall be compatible
with and complementary to the surrounding area; and
(iii) The servicing requirements for the proposed development.
6.8.6 Notwithstanding any provisions or requirements of this bylaw, the Development Officer
may establish a more stringent standard for a Discretionary Use when deemed
necessary to do so.
6.8.7 A development permit for a temporary use or development may only be issued if the use
or development is a listed as a Permitted Use or a Discretionary Use in the applicable
Land Use District.
6.8.8 The Development Officer shall refuse an application for a development permit or
subdivision that is deemed to be incomplete in accordance with Section 6.6.
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6.8.9 Variances
(a) The Development Officer may approve a development permit application
notwithstanding that the proposed development does not comply with this bylaw if,
in the opinion of the Development Officer:
(i) The proposed development would not
1. Unduly interfere with the amenities of the neighbourhood, or
2. Materially interfere with or affect the use, enjoyment or value of
neighbouring properties; and
(ii) The proposed development conforms with the use prescribed for the land or
building in the Bylaw.
(b) Notwithstanding Section 6.8.1 and Section 6.8.2, and further to subsection (a), the
Development Officer may allow a variance not exceeding ten percent (10%) of the
lot/site width, lot/site area, building height or development setback where it is
deemed that such variance does not unduly interfere affect the amenities, use or
enjoyment of the site or of the neighbouring properties.
(c) In the event that a variance is granted pursuant to subsection (b), the Town shall
indicate in its files the type and extent of any variance granted to any development
permit approval.
(d) Notwithstanding subsection (b), in established residential Land Use Districts the
Development Officer may allow front yard setbacks for infill housing development to
be varied to coincide with the average setback on the block face being developed.
(e) Notwithstanding anything else in this bylaw, a vacant lot held in separate ownership
from adjoining lots on the effective date of this bylaw, having less than the minimum
width may, at the discretion of the Development Officer, be used for any purpose
allowed for in the Land Use District in which the lot is located and a building may be
erected on the lot provided that all other applicable provisions in this Bylaw are
satisfied.
6.9
Conditions of a Development Permit or Subdivision Approval
6.9.1 The Approving Authority may attach conditions to a development permit or subdivision
approval it deems necessary to address or resolve any concerns or issues respecting a
proposed development or subdivision.
6.9.2 The Approving Authority, as a condition of issuing a subdivision approval or
development permit, may require that the applicant enter into an agreement with the
Town to do any or all of the following:
(a) To construct or pay for the construction of a road required to give access to the
development or subdivision;
(b) To construct or pay for the construction of a pedestrian walkway system to serve the
development or subdivision, or pedestrian walkways to connect the pedestrian
walkway system serving the development or subdivision with a pedestrian walkway
system that serves or is proposed to serve an adjacent development;
(c) To install or pay for the installation of public utilities, other than telecommunications
systems or works, that are necessary to serve the development;
(d) To construct or pay for the construction of off-street or other parking facilities and
loading and unloading facilities;
(e) To pay an off-site levy or redevelopment levy imposed by bylaw;
(f) To provide security to ensure that the terms of the agreement are carried out; and
(g) Any other requirement the Town deems necessary.
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6.9.3 Upon approval of a development permit the Development Officer may attach approved
building plans, site plans, and landscaping plans as schedules to the development
agreement.
6.9.4 The Town may register a caveat pursuant to the provisions of the Act and the Land
Titles Act in respect of an agreement under Section 6.9.1 against the certificate of title
for the land that is the subject of the development. Said caveat shall be discharged when
the agreement has been complied with.
6.9.5 When, in the opinion of the Development Officer, satisfactory arrangements have not
been made by an applicant for the supply of water, electrical power, sewage, or access,
including payment of the costs of installation or construction, the Development Officer
shall not issue a development permit.
6.9.6 A development permit comes into effect twenty-one (21) days after Notice of Decision
has been given unless an appeal has been lodged with the Board. No development
shall be commenced pursuant to the development permit until all appeals are finally
determined and the issuance of the development permit has been upheld.
6.9.7 A development permit lapses or expires and is automatically void:
(a) If the development authorized is not commenced within twelve (12) months from the
date of issuing the permit, or within such longer periods as may be approved by the
Development Officer;
(b) The development is temporary, and the time allowed for carrying out the
development under the development permit conditions has expired;
(c) For a development permit authorizing a dwelling unit, if the dwelling unit is not
substantially complete and safe for occupancy, as evidenced by the applicant's
submission to the Town of all permit approvals required under the Safety Codes Act,
within eighteen (18) months from the date that the development permit became
effective, unless otherwise prescribed under the conditions of the development
permit;
(d) If a development is not completed within the time prescribed for completion under
the development permit conditions.
6.9.8 When an application for a development permit has been refused pursuant to this bylaw
or ultimately after appeal, the submission of another application for a development
permit on the same parcel of land for the same or similar use shall not be accepted by
the Development Officer for at least six (6) months after the date of the refusal.
6.10 Notification of Decision
6.10.1 A decision of the Approving Authority on an application for a development permit or
subdivision shall be given in writing, and a copy of the notice of decision shall be mailed
or emailed to the applicant or agent, and in the case of a subdivision approval, any other
person or agency required under the Act.
6.10.2 Development permit approvals shall be posted on the Town's website.
6.10.3 When an application for a development permit for a Permitted Use requiring a variance,
or a Discretionary Use is approved, the Development Officer shall publish a notice in the
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local newspaper, and provide written notice to the registered owner(s) of the adjacent
lots, stating the location and address of the property for which the application has been
made, the nature of the approval, and the decision of the Development Officer.
6.10.4 When an application for a development permit or subdivision is refused, the
Development Officer shall mail a notice of decision to the applicant or his agent stating
the reasons for the refusal.
6.10.5 For the purposes of this bylaw, notice of the decision of the Development Officer is
deemed to have been given on the day when the Notice of Decision is published in the
newspaper, or on the date the notice is mailed or emailed to the applicant.
6.11 Appeals
6.11.1 Method of Appeal
(a) The Board shall perform such duties and follow such procedures as specified in the
Act and the Intermunicipal Subdivision and Development Appeal Board Bylaw, as
amended.
(b) A decision on a development permit or a subdivision may be appealed:
(i) By the applicant by serving a written notice of appeal on the clerk within twenty-
one (21) days after notice of the decision or issuance of the development permit
or fourteen (14) days after notice of the decision of subdivision was given, or
(ii) By an affected person within twenty-one (21) days after the date on which notice
of issuance of the development permit was given in accordance with Section
6.10.
(c) For the purposes of this Bylaw, Section 6.10.5 establishes the date a notice of
decision is deemed to have been given.
6.11.2 In the event that a development permit application is refused by the Development Officer
is approved by the Board, the subsequent issuance of the development permit by the
Development Officer shall not require further advertising.
6.11.3 The Appeal Process
(a) The clerk shall give written notice of the hearing to all required parties in accordance
with the Act and the Intermunicipal Subdivision and Development Appeal Board
Bylaw, as amended.
(b) When a notice of appeal has been served on the clerk with respect to a decision of
the Approving Authority to approve a development permit or subdivision, the
development permit or subdivision approval shall not be effective before:
(i) The decision of the Approving Authority has been sustained by the Board; or
(ii) The clerk has received written notification from the appellant that the appeal has
been abandoned.
(c) If the decision of the Approving Authority to approve a development permit or
subdivision application is reversed by the Board, the development permit or
subdivision approval shall be null and void
(d) If the decision to approve a development permit or subdivision application is varied
by the Board, the Board shall direct the Development Officer to forthwith issue the
development permit or subdivision in accordance with the terms of the decision of
the Board.
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(e) If the decision to refuse a development permit or subdivision application is reversed
by the Board, the Board shall direct the Development Officer to issue a development
permit or subdivision forthwith in accordance with the decision of the Board.
6.12 Amendments
6.12.1 An application to amend this bylaw shall be made to the Development Officer in writing
on the prescribed form and shall be signed by the applicant or his agent. The
Development Officer may require any of the following information to accompany an
amendment application:
(a) If the amendment involves the redesignation of land to a different Land Use District,
(i) A copy of the certificate of title for the lands affected, or any other
documentation satisfactory to the Development Officer verifying that the
applicant has a legal interest in the land;
(ii) Where the applicant is an agent acting for the registered owner, a letter from the
registered owner verifying the agent's authority to make the application; and
(iii) A properly dimensioned map indicating the affected site, and its relationship to
adjacent land uses;
(b) A statement of the reasons for the request to amend the bylaw; and
(c) Such additional information as the Development Officer may require.
6.12.2 Each amendment application shall be accompanied by a non-refundable processing fee,
the amount of which shall be determined from time to time by resolution of Council.
6.12.3 The Development Officer may refuse to process an amendment application if the
information required has not been supplied or if, in his opinion, it is of inadequate quality
to properly evaluate the application.
6.12.4 Council, on its own initiative, may proceed to undertake an amendment to this
bylaw by directing the Development Officer to initiate an application.
6.12.5 Upon receipt of a complete application in accordance with Section 8.1, the Development
Officer shall refer the application to Council for first reading and to establish a date for a
public hearing to be held prior to second reading.
6.12.6 The Development Officer may refer an amendment application to any agency in order to
receive comment and advice.
6.12.7 The Development Officer shall forthwith cause the notice of the public hearing to be
published in two (2) consecutive issues of the local newspaper. This notice shall contain:
(a) The purpose of the proposed amendment;
(b) The one or more places where a copy of the proposed amending order may be
inspected by the public during reasonable hours;
(c) The date, place, and time that Council will hold a public hearing on the proposed
amendment;
(d) An outline of the procedures to be followed by anyone wishing to be heard at the
public hearing;
(e) An outline of the procedures by which the public hearing will be conducted; and
(f) If the amendment involves the redesignation of land to a different Land Use District,
the municipal address, if any, and the legal description of the land.
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6.12.8 Council, after considering
(a) Any representations made at the public hearing; and
(b) Any statutory plan affecting the application and the provisions of this bylaw may
(i) Make such changes as it considers necessary to the proposed amendment, if
any, and proceed to pass the proposed amendment, or
(ii) Defeat the proposed amendment.
6.12.9 Where an application for an amendment has been refused by Council or withdrawn by
the applicant after advertisement of the proposed amendment, the Development Officer
shall refuse to accept another application on the same land for the same or similar
purpose until six (6) months have passed from the date of such refusal, or six months
after the date that the applicant's letter of withdrawal is received by the Development
Officer.
6.13 Compliance and Enforcement
6.13.1 Non-Conforming Buildings and Uses
A development that is considered as a non-conforming building or use shall be dealt with
as provided for under the Act. For convenience, the following extracts are provided:
(a) If a development permit has been issued on or before the day on which this bylaw or
amending bylaw comes into force, and this bylaw would make the subject
development a nonconforming use or non-conforming building, the development
permit continues in effect in spite of the coming into force of this bylaw.
(b) A non-conforming use of land or a non-conforming use of a building may be
continued but if that use is discontinued for a period of six (6) consecutive months or
more, any future use of the land or building shall conform with the provisions of this
bylaw;
(c) A non-conforming use of part of a building may be extended throughout the building
but the building, whether or not it is a non-conforming building, may not be enlarged
or added to and no structural alterations may be made to it or in it;
(d) A non-conforming use of part of a lot may not be extended or transferred in whole or
in part to any other part of the lot and no additional buildings may be constructed on
the lot while the nonconforming use continues;
(e) A non-conforming building may continue to be used but the building may not be
enlarged, added to, rebuilt or structurally altered except
(i) To make it a conforming building; or
(ii) For routine maintenance of the building, if the Development Officer considers it
necessary;
(f) If a non-conforming building is damaged or destroyed to the extent of more than
seventy five percent (75%) of the value of the building above its foundation, the
building may not be repaired or rebuilt except in accordance with this bylaw;
(g) The use of land or a building is not affected by a change of ownership or tenancy of
the land or building.
6.13.2 Contravention
(a) Where the Development Officer finds that a development or use of land is not in
accordance with the Act, this bylaw, or an issued development permit, the
Development Officer may, by written notice ("Stop Order"), order the registered
owner, the person in possession of the land or buildings, or the person responsible
for the contravention, or all or any of them to:
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(i) Stop the development or use of the land or building in whole or in part as
directed by the notice;
(ii) Demolish, remove or replace the development; or
(iii) Carry out any other actions required by the notice so that the development or
use of the land or building complies with the Act, a development permit or a
subdivision approval, or this bylaw as the case may be, within the time set out in
the notice.
(b) If a person fails or refuses to comply with a Stop Order directed to him under
subsection (a) or a Stop Order issued by the Board under the Act, Council or a
person appointed by it may, in accordance with the Act, enter upon the land or
building and take such action as is necessary to carry out the Stop Order.
(c) When Council or a person appointed by it carries out a Stop Order, Council shall
cause the costs and expenses incurred in carrying out the Stop Order to be placed
on the tax roll as an additional tax against the property concerned and that amount
shall be collected in the same manner as taxes on land.
(d) For the purpose of entering and inspecting land or buildings as described in the Act,
the Development Officer is hereby declared to be a Designated Officer.
(e) The Development Officer may suspend or revoke a development permit which has
not been complied with.
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SECTION 7 DEFINITIONS
Abut/Abutting means
contiguous to or
physically
touching, and
when used with
respect to a lot
or site, means
that the lot or
site physically
touches upon
another lot or
site and shares a boundary with it.
Accessory Building or Use means a
building or use which, in the opinion of the
Development Officer, is incidental,
subordinate and exclusively devoted to the
principal use or building and located on the
same site.
Accessory Dwelling means a dwelling unit
that is located either above or to the rear of
a commercial use and is subordinate to the
commercial use.
Act means the Municipal Government Act,
SA 2000, as amended.
Adjacent means land that is contiguous to
another parcel of land, or
would be contiguous
if not for a river,
stream, railway, road
or utility right of way
or reserve land.
Agricultural
Industry means an
industrial use related
to agriculture
involving the
production, initial
processing or storage
of farm products and may include a grain
elevator, seed cleaning plant, pelletizing
plant, fertilizer sales and storage, and
similar uses.
Agriculture, Extensive means the raising
or production of any cultivated crops,
livestock or dairy products that utilize
relatively large areas of land and in which
the use of buildings and confinement areas
is auxiliary to the use of the land itself. This
constitutes an "agricultural operation"
pursuant to the requirements of the
Agricultural Operation Practices Act.
Amusement Facility means an area,
structure or part of a structure open to the
public that contains mechanical or
electronic games and/or pool tables for the
purposes of providing entertainment for a
fee.
Approach means a vehicular access road,
culvert crossing, or other structure
constructed, erected, installed or
maintained in a road between a lot line and
the nearest curb or edge of road and is for
the use or benefit of the occupant of the
subject lot or site.
Approving Authority means the
Development Officer or Subdivision
Authority, whichever is applicable.
Arena means an indoor sports and
recreation facility that includes an ice
surface surrounded by spectator seating.
Auto Body and Paint Shop means a
development for the repair and/or painting
of motor vehicle bodies but does not include
facilities for the sale of fuels, lubricants,
automotive accessories or mechanical or
electrical repairs.
Automotive and Equipment Repair means
a facility for the servicing and mechanical
repair of automobiles, trucks and utility
vehicles, heavy equipment, motorcycles,
snowmobiles, motor homes and similar
vehicles, the sale, installation, or servicing
of related accessories and parts, and
servicing of small engines and equipment,
Abut/Abutting
Adjacent
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 61
but does not include auto body and paint
shops or salvage yards.
Basement means that portion of a building
that is located wholly or partially below
grade, the ceiling of which does not extend
more than 1 m (3 ft) above grade.
Bed and Breakfast means a development
that is operated from a private residence
that has two (2) or more rooms for rent to
the general public on a daily basis. The rent
charge may or may not include meals for
the registered guests. Not to limit the
generality of the above, the main use of the
house is for a private residence for the host
and their immediate family.
Board means the Intermunicipal
Subdivision and Development Appeal Board
established by bylaw.
Boulevard means:
(a) That portion of the right-of-way of a
road lying between the curb line of the
road and the
abutting
lot line,
excepting
that
portion
occupied
by a
sidewalk;
or
(b) Where
there is no curb, that portion of the
right-of-way lying between the edge of
the road ordinarily used by vehicles and
the abutting lot line, excepting that
portion occupied by a sidewalk.
Buffer means a strip of land which may
contain trees, shrubs, berming or fencing to
provide visual screening and separation
between sites or districts.
Building includes anything constructed or
placed on, in, over or under land but does
not include a highway or road or a bridge
forming part of a highway or road.
Building Height means the vertical
distance of a building measured from the
average finished grade at its base and the
highest point of the roof.
Building Supplies means a commercial
development offering for sale dimensional
and sheet lumber and construction
materials and may include outside and
fenced storage of the same for the
purposes of sale.
Bulk Fuel/Chemical or Card Lock means
a development where refined or crude oil,
fuel, or liquid or solid chemical is stored
outdoors, and includes the storage of
dangerous or hazardous substances, as
defined by the Dangerous Goods
Transportation and Handling Act and the
Major Industrial Accidents Council of
Canada (MIACC). The development may
include facilities for the sale of bulk oil, fuel
or chemicals, but does not include
manufacture of any of these products.
Bulk Retail means a commercial
development where consumer goods are
offered in bulk (warehouse style and in case
lots or pre-packaged multiples) for sale or
trade during limited hours of operation and
excludes the storage and/or sale of
hazardous goods to the satisfaction of the
Development Officer.
Campground means an area for the
seasonal short-term use (maximum 30
days) of recreational vehicles, tents, tent
trailers and similar vehicles, and is not used
for recreational vehicle storage, or
accommodation for residential use. Typical
uses include, but are not limited to, tourist
trailer parks, campsites and tenting grounds
and related recreational activities such as
picnic grounds and playgrounds.
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,
Boulevard
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 62
as amended from time to time and includes
edible products that contain cannabis.
Cannabis Retail Sales means a retail store
licensed by the Alberta Gaming and Liquor
Commission (AGLC) where cannabis and
cannabis accessories are sold to individuals
who attend at the premises and where
consumption of cannabis must not occur.
Cannabis Production Facility means a
premise used for growing, producing,
processing of raw materials, testing,
destroying, storing, or distribution of
cannabis authorized by a license issued by
Health Canada.
Canopy means a projection extending from
the outside wall of a building normally for
the purpose of shielding a part of the
building from the sun.
Carport means a building, designed and
used for the storage of not more than four
private motor vehicles, and consists of a
roof supported on posts or columns and not
enclosed on more than two sides whether
separate from or attached to the principal
building on a site.
Car and Truck Wash means a building
used for the purpose of washing and
cleaning motor vehicles.
Child Care Facility means a provincially
regulated facility used for the provision of
care, instruction, maintenance or
supervision of children.
Clerk means the clerk of the Intermunicipal
Subdivision and Development Appeal
Board.
Commence means to initiate a
development pursuant to an approved
development permit. For the purpose of this
Bylaw, this refers to the excavation of a site
and/or the construction of the foundation of
a building or structure.
Commercial Vehicle means a semi-trailer
truck, intermediate-sized vehicle or
passenger vehicle no larger than a pick-up
or cargo van used in support of a business.
Communication Tower and Antenna
System means a structure for supporting
equipment for transmitting or receiving
television, radio, telephone or other
electronic communications.
Community Hall or Facility means a
development used for public or quasi-public
activities, such as community cultural and/or
fundraising events.
Complete Application means a
development permit or subdivision
application that contains all of the
information required in order for the
Approving Authority to make a decision.
Construct means to build, reconstruct, or
relocate, and without limiting the generality
of the word, also includes:
(a) Any preliminary operation such as
excavation, filling or draining; and
(b) Altering an existing building or structure
by an addition, enlargement, extension
or other structural change.
Contractor, General means a development
used for industrial service support and
construction. Typical uses include oilfield
support services, laboratories, 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
Town of Wembley
Land Use Bylaw No. 733
December 2020
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similar contractor services primarily to
individual households and the accessory
sales of goods normally associated with the
contractor services where all materials are
kept within an enclosed building, and there
are no accessory manufacturing activities.
Corner means the intersection of any two
(2) lot lines of a lot or site.
Council means the council of the Town of
Wembley.
Curling Rink means an indoor recreation
facility that includes an ice surface designed
for the game of curling and may include an
eating area and/or lounge.
Dangerous Goods means dangerous
goods as defined in the Alberta Fire Code.
Dealership means premises for the display,
sale and servicing of new or used motor
vehicles and equipment, including farm
machinery and equipment, construction-
related vehicles and equipment,
manufactured homes, modular homes,
recreational vehicles, trucks, trailers, boats,
motorcycles, and snowmobiles.
Deck means
an unenclosed
amenity area
of concrete,
brick, wood or
other material
that is
constructed at
grade or
attached to a
dwelling, and
may consist of
a:
(a) "Ground
Level
Deck", the
overall
height of
which
does not exceed 0. 6 m (2 ft) measured
from finished grade to the finished floor
height; or
(b) "Raised Deck", the overall height of
which is greater than 0.6 m (2 ft)
measured from finished grade to
finished floor height.
Developer means a registered owner,
agent or any person, firm or company
responsible for a development.
Development means
(a) An excavation or stockpile and the
creation of either of them, or
(b) A building or an addition to, or
replacement or repair of a building and
the construction or placing in, on, over
or under any of them, or
(c) A change of use of land or a building or
an act done in relation to land or a
building that results in or is likely to
result in a change in the use of the land
or building, or
(d) A change in the intensity of use of land
or a building that results in or is likely to
result in the intensity of use of the land
or building.
Development Officer means the person
appointed by a resolution of Council to the
office established in Section 2.1.1 of this
bylaw.
Development Permit means a document
authorizing a development issued pursuant
to this bylaw.
Discretionary Use means the use of land
or of a building which is listed in the column
captioned Discretionary Uses in a table of
uses for Land Use Districts in this bylaw.
Drinking Establishment means a facility
licensed by the Alberta Gaming and Liquor
Commission (AGLC) where alcoholic
beverages are served for consumption on
the premises and any preparation or serving
of food is accessory thereto.
Drive-Through Business means a
development which services customers
Ground Level Deck
Raised Deck
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 64
traveling in motor vehicles driven onto the
site where such business is carried on,
where the customer normally remains in the
vehicle for service.
Driveway means a
private road that
provides vehicle
access from an
individual lot or
site to a road.
Duplex means a
building
containing two (2)
dwelling units, one
above the other,
each of which has
an independent
entrance, and may
take either of the
following forms:
(a) "Side-Side"
where the
dwellings
share a
common wall,
or
(b) "Up-Down"
where one
(1) dwelling
unit is
located
above the
other.
Dwelling, Multi-
Unit means a
residential
development
comprised of three (3) or more dwelling
units, and may take either of the following
forms:
(a) "Apartment" where multiple dwelling
units are located on two (2) or more
floors; or
(b) "Street-Oriented" where the dwellings
share common walls.
Dwelling, Single Detached means a stick-
built or modular residential building
containing only one (1) dwelling unit but
does not include a manufactured home.
Dwelling Unit means one (1) or more
rooms used as or designed to be used as a
residence by one or more persons and
containing cooking, eating, living, sleeping
and sanitary facilities and with an
independent entrance either directly from
outside a building or through a common
hallway inside a building.
Easement means a right to use land,
generally for access to other property or for
a public utility.
Emergency Services means a
development that is required for the public
protection of persons and property from
injury, harm or damage together with the
incidental storage of equipment and
vehicles necessary for the local distribution
of utility services. Typical uses include
police stations, fire stations, emergency
medical services, and accessory training
facilities.
Equipment and Pipe Storage means the
storage of materials, goods and equipment
and may include the shipping of such
materials, goods and equipment, including
petrochemical products and supplies.
Excavation means any breaking of ground
required for the purpose of developing a lot
or site.
Exterior Storage means the use of a site or
portion of a site used for the storage of
products, goods, materials, machinery,
Duplex - Side-Side
Duplex - Up-Down
Multi-Unit Dwelling - Street-Oriented
Multi-Unit Dwelling - Apartment
Town of Wembley
Land Use Bylaw No. 733
December 2020
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vehicles, or equipment that is not contained
within a building.
Fence means a physical barrier constructed
for the purposes of sound abatement,
limiting intrusion, and/or to prevent
unauthorized access or containment of
livestock.
Financial Services means a building, or
part of a building, where such services as
loans, deposit accounts and mortgages are
provided.
Fleet Service means a development using
a fleet of vehicles for the delivery of people,
goods, or services, where such vehicles are
not available for sale or long-term lease.
This includes, taxi services, bus lines,
messenger and courier services, but does
not include moving or cartage firms
involving trucks with a gross vehicle weight
of more than 3,000 kg (6,600 lb).
Floor Area means the total area of every
room and passageway contained in a
building but not including the areas
occupied by basements, attached garages,
sheds, open porches or breezeways.
Garage means an accessory building or
part of the principal building designed and
used primarily for the storage of motor
vehicles.
Gas Bar means a development used for the
sale of gasoline, propane or other fuels, the
sale of lubricating oils and other automotive
fluids or motor vehicle accessories but does
not include service stations or automotive or
equipment repair.
General Industrial Use means such uses
as: manufacturing, processing, assembling,
cleaning, repairing, servicing, testing,
storage, warehousing, distribution or
shipment of materials, finished goods,
products or equipment. Activities may occur
indoors, outdoors or both, unless specific
limitations are applied within the applicable
Land Use District.
Grade means the normal ground elevation
of a lot or site.
Grade, Average
Finished means
for the purposes
of measuring
building height,
the arithmetic
mean of the
elevations of the
finished grade at
two outermost
corners of a wall
on the respective side of a building.
Greenhouse means a development for the
raising, storage, basic processing and sale
of fruits and vegetables, including bedding,
edible, household and ornamental plants.
This use includes tree nurseries but does
not include cannabis production facilities.
Gross Floor Area (GFA) means the total of
the floor area of every room and
passageway contained in a building but not
including the floor areas of basements,
attached garages, sheds, open porches or
breezeways.
Hard Surfaced/Surfacing means a surface
consisting of, at minimum, prepared gravel
or paving approved by the Development
Officer.
Highway means a road designated by the
Province as a highway.
Home Based Business means the use of a
portion of a residential building to conduct a
business or commercial enterprise that is
incidental or subordinate to the residential
use of the building.
Hotel means a building used for the
provision of rooms or suites for temporary
accommodation where the rooms obtain
access from a common interior corridor and
may have a meal service for guests. Hotels
may include meeting rooms, drinking
establishments and restaurants.
Average Finished Grade
Town of Wembley
Land Use Bylaw No. 733
December 2020
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Landscaping means the modification and
enhancement of a lot or site using any or all
of the following elements:
(a) "Soft landscaping" consisting of
vegetation such as trees, shrubs,
hedges, grass and ground cover;
(b) "Hard landscaping" consisting of non-
vegetative materials such as brick,
stone, concrete, tile, and wood,
excluding monolithic concrete and
asphalt.
Lane means a narrow road intended to give
vehicular access to the rear of a building or
lot.
Light Manufacturing Industry means a
general industrial use that is undertaken
entirely indoors, and the activities
undertaken do not generate impacts
external to the site on which it is located.
Loading Space means a space for parking
a commercial vehicle while being loaded or
unloaded.
Lot means:
(a) A quarter section,
(b) A river lot or settlement lot shown on an
official plan as defined in the Surveys
Act that is filed or lodged in a land titles
office,
(c) A part of a parcel where the boundaries
of the part are separately described in a
certificate of title other than by
reference to a legal subdivision, or
(d) A part of a parcel where the boundaries
of the part are described in a certificate
of title by reference to a plan of
subdivision.
Lot, Corner means a lot which abuts two or
more intersecting roads.
Lot Line means a legally defined limit of
any lot.
Lot Line, Exterior Side means a side lot
line that abuts a road or lane.
Lot Line, Front means the boundary
dividing the lot from an abutting road other
than a lane. In the case of a corner lot the
shorter lot line shall be the front lot line.
Lot Line, Interior Side means a side lot
line that is not an exterior side lot line.
Lot Line, Rear
means the
lot line of a
lot that is
directly
opposite to
the front
line.
Lot Line,
Side
means any lot line other than the front or
rear lot line.
Lot, Through means a lot that abuts two
parallel roads, not including lanes.
Lot/Site Area means the total area,
measured on a horizontal plane, within the
lot lines of a lot or a site.
Lot/Site Coverage means that percentage
of the area of any lot or site which is
covered by all buildings on the lot or site,
excluding balconies, canopies and the like.
Lot/Site Width means the distance
between the side lot lines at a point midway
between the front and rear of the lot or site
and approximately parallel to the front lot
line.
Manufactured Home means a
prefabricated detached dwelling unit that
meets Canadian Standards Association
(CSA) Z240 standards, meets the
requirements of the Alberta Building Code
and does not include a modular home. For
the purpose of this Bylaw, two types of
manufactured homes may be distinguished:
(a) "Single Section" means a
manufactured home consisting of a
Lot Lines
Town of Wembley
Land Use Bylaw No. 733
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Page 67
single unit designed to be towed in a
single load.
(b) "Multiple Section" means a
manufactured home consisting of two
(2) or more sections separately
towable but designed to be joined
together at the site to form one
dwelling unit.
Manufactured Home Dwelling Site means
that portion of manufactured home
community that has been reserved for the
placement of a manufactured home and
related accessory buildings.
Manufactured Home Community means a
development on a lot under single
ownership and managed by an operator that
is designed to accommodate numerous
manufactured homes on leased sites in a
comprehensively planned setting.
Market Garden means a commercial
development for the growth and sale of
vegetables and/or fruit and may include 'u-
pick' (customer picked) vegetables and/or
fruit sales.
Medical Clinic means a development used
for the provision of physical and mental
health services on an outpatient basis.
Typical uses include walk-in medical and
dental offices, diagnostic services,
rehabilitative and therapeutic services.
Mini Storage means a development
consisting of self-contained buildings or
storage facilities intended to provide inside
storage options on a small scale where the
customer is charged a rental fee on a
monthly or annual basis for the storage of
personal products.
Modular Home means a prefabricated or
factory-built dwelling that is manufactured to
meet the Canadian Standards Association
(CSA) Z277 standard, meets the
requirements of the Alberta Building Code,
and is installed on a concrete foundation.
Motel means a building or group of
buildings designed for the accommodation
of the travelling public containing guest
rooms, each of which has a separate
entrance directly from outside the building.
Museum means a building or place where
collections of things of artistic, scientific or
historical interest are kept and displayed for
viewing by the public.
Non-Conforming refers to a building or use
that does not comply with the provisions of
this Bylaw.
Occupancy means the use or intended use
of a building or part thereof for the shelter or
support of persons or property.
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.
Park means land developed for public
recreational activities that does not require
major buildings or facilities, and typically
includes, but is not limited to, picnic areas,
playgrounds, pedestrian and bicycle paths,
landscaped areas and associated public
washrooms.
Parking Lot a portion of a lot or site that is
developed for the at-grade parking of motor
vehicles.
Parking Stall means a space within a
parking lot that is designed to accommodate
the parking of one vehicle.
Permitted Use means the use of land or of
a building which is listed in the column
captioned Permitted Uses in a table of uses
for the Land Use Districts appearing in this
bylaw.
Personal Services means a development
used for the provision of services to an
individual which are related to the care and
appearance of the body, or the cleaning and
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Land Use Bylaw No. 733
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repair of personal effects. For purposes of
clarification this includes barber shops,
hairdressers, beauty salons, tailors,
dressmakers, shoe repair shops, dry
cleaners, and similar uses.
Porch means an entrance structure
typically attached to the front or sides of a
residential dwelling at the ground floor entry
level, consisting of a roof and floor, where
the front and sides of the structure may be
enclosed by solid walls or windows or
unenclosed where the front and/or sides
remain open to the elements.
Principal Building or Use means a
building or use that, in the opinion of the
Development Officer,
(a) Occupies the major or central portion of
a lot or site;
(b) Is the main building or use among one
(1) or more buildings or uses on the lot
or site; or
(c) Constitutes by reason of its use the
primary purpose for which the lot or site
is used. There shall be no more than
one (1) principal building on each lot or
site unless specifically permitted in this
bylaw.
Private Club or Lodge means a
development used for the meeting, social or
recreational activities of members of non-
profit, philanthropic, social service, athletic,
business or fraternal organizations, and
does not include an accessory dwelling.
Professional Services means a
development that provides business,
administrative, professional, management,
and similar office and business support
services, excluding financial services.
Public Building or Use means a building,
structure, or site owned or leased by a
department or agency of the federal,
provincial or municipal government for the
purpose of public administration such as
(but not limited to) municipal offices,
taxation offices, courthouses, postal
stations, manpower and employment
offices, school board office, health authority
office, and social services.
Public Utility means a system or works
used to provide the following for public
consumption or benefit:
(a) Telecommunications systems,
(b) Waterworks systems,
(c) Irrigation systems,
(d) Systems for the distribution of natural
gas,
(e) Systems for the distribution of electric
power,
(f) Heating systems, and
(g) Sewage systems.
Public Utility Lot means a lot or parcel of
land used in the distribution, maintenance
and housing of a public utility.
Recreation, Indoor means a facility where
patrons participate in sports events and
other recreational activities within a building
that may include a restaurant and a retail
store. Typical uses include but are not
limited to health and fitness clubs, archery
ranges, gymnasiums, bowling alleys, and
racket clubs.
Recreational Vehicle means a vehicle or
portable structure designed to be carried on
a motor vehicle, towed behind a motor
vehicle, or designed and built to be
transported on its own wheels, to provide
temporary living accommodation for travel
and/or recreational purposes. This includes
such vehicles as motor homes, fifth wheel
trailers and holiday trailers, but does not
include a manufactured home.
Recreational Vehicle Storage means the
storage of recreational vehicles but does
not include a recreational vehicle park or
the sales or service of recreational vehicles.
Registered 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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Land Use Bylaw No. 733
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(i) The purchaser 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 noted under the Land Titles
Act as the registered owner of the
fee simple estate in the land.
Regulation means the Subdivision and
Development Regulation.
Religious Assembly means a development
used for spiritual worship and related
religious philanthropic, or social activities
and includes accessory rectories, manses,
meeting rooms, food preparation and
service facilities, classrooms, dormitories,
and other buildings. Typical uses include
churches, chapels, mosques, temples,
synagogues, parish halls, convents, and
monasteries.
Residential Care Facility means a multi-
unit residential development that provides
special care for individuals that are aged
and/or disabled and has on-site health care
facilities and/or health care attendants.
Restaurant means a development where
food and beverages are prepared, served
and generally intended to be consumed on
the premises for sale to the public, where
minor persons are not excluded, and for
which alcoholic beverage service may be a
subordinate use and is carried out in
compliance with any applicable bylaws and
provincial and federal laws.
Retail Store means commercial premises in
which the retail sale of consumer goods
takes place but does not include cannabis
retail sales.
Road means land shown as a road on a
plan of survey that has been filed or
registered in a land titles office, or used as a
public road, and includes a bridge forming
part of a public road and any structure
incidental to a public road but does not
include a highway.
Satellite Dish Antenna means a
combination of (1) antenna or dish antenna
whose purpose is to receive signals from
orbiting satellites; (2) a low noise amplifier
(LNA) situated at the focal point of the
receiving component and whose purpose is
to magnify and transfer signals; (3) a cable
whose purpose is to transmit signals; and
(4) other associated components.
School means a development that is
publicly supported and involves public
assembly for education, training or
instruction purposes, and includes
dormitories and the administration offices
required for the provision of such services
on the same site. Typical uses include, but
are not limited to, public and separate
schools, community colleges, universities,
and technical and vocational schools.
Screening means a fence, berm or hedge
used to visually separate areas or functions.
Sea-Can means a standardized reusable
steel shipping container used for the safe,
efficient and secure storage and movement
of materials and products.
Secondary Suite means a self-contained
dwelling unit that is located within the
principal single detached dwelling unit, and
has sleeping, cooking and living areas that
are separate from those of the principal
dwelling.
Service Station means a facility for the
service and repair of motor vehicles and for
the sale of gasoline, lubricating oils, and
accessories for motor vehicles and which
may provide a towing service, and further
may include a building or site or part of a
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Land Use Bylaw No. 733
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site where petroleum products are delivered
into containers, tanks, vessels or cylinders.
Setback means the distance that a
development or a specified portion of it must
be set back from a lot line. The setback
shall be measured perpendicularly from the
applicable front, rear or side lot line to the
nearest exterior wall of the building.
Sight Triangle means that triangle formed
by a straight line drawn between two points
on the lot lines of a lot from the point where
the lot lines intersect, and where visual
obstructions, such as buildings, fences,
signs, and trees are prohibited.
Sign means an object or device intended
for the purpose of advertising or calling
attention to any person, matter, thing or
event.
Sign, Directional
means a sign which
contains no
advertising, but is
limited to the
distance and/or
direction to a place
of business or other
premises indicated
on the sign.
Sign, Freestanding means any sign
supported independently of a building, wall
or structure, and may display copy for a
tenant or multiple tenants.
Site means a lot or group of lots used for or
proposed to be used for a single
development.
Site Plan means a plan showing the
boundaries of the site, the location and
use(s) or proposed use(s) of all existing and
proposed buildings upon the site, the use(s)
or the intended use(s) of the portions of the
site on which no buildings are situated, and
showing drainage, fencing, screening,
grassed areas, any fixtures and any other
significant features located on the site and
abutting public roads, sidewalks and above
grade public utilities.
Solar Collector means a device used to
collect sunlight that is part of a system that
converts radiant energy from the sun into
thermal or electrical energy for on-site use.
This use does not include a solar energy
facility.
Solar Energy Facility means a commercial
facility that is designed to collect sunlight
and then generate, store and distribute the
converted energy for public consumption.
Statutory Plan means a municipal
development plan, intermunicipal
development plan, or area structure plan
prepared and adopted in accordance with
the Act.
Storage Yard means a secure, fenced,
outdoor development where goods or
vehicles are stored for safekeeping or future
distribution and that excludes the storage of
goods hazardous to adjacent uses to the
satisfaction of the Development Officer.
Storey means the habitable space between
the upper face of one floor and the next
above it. The upper limit of the top storey
shall be the ceiling above the topmost floor.
A basement or cellar shall be considered a
storey in calculating the height of a building
if the lower face of the ceiling above it is
more than 1.5 m (5 ft) above grade.
Structural Alteration means a
development or construction, including a
renovation or addition to a building that
affects the structural integrity or access to or
within a building, but does not result in an
Sign - Directional
Sign - Freestanding
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 71
increase to the gross floor area of the
building.
Structure means anything constructed or
erected on the ground, or attached to
something on the ground, and includes all
buildings.
Subdivision means the division of a parcel
of land into one or more smaller lots by a
plan of subdivision or another instrument.
Subdivision Authority means the
designated person or persons responsible
for receiving, considering and deciding on
subdivision applications and any other
related duties pursuant to the Act, the
Regulation and this bylaw.
Temporary means a development or use
that has been approved for a period not
exceeding three (3) months from the date of
development permit approval with
allowance for one three (3) month extension
by the Development Officer.
Topsoil means the depth of soil containing
the major portion of organic matter or the
first 6 inches of soil on a lot that is used for
agricultural purposes.
Town means the Town of Wembley.
Truck and Rail Transload Facility means
a development that involves the offloading
of goods or materials from trucks to rail cars
or vice versa for transport and may include
associated railway sidings or spur lines.
Truck Terminal means a development that
may include facilities related to
transportation-oriented business. This use
would normally require a large area to
accommodate the parking of large
commercial vehicles including tractor/trailer
units. Typical uses include oilfield hauling of
materials and equipment, gravel haulers,
water haulers, heavy equipment transport,
but does not include a Truck and Rail
Transload Facility.
Use means the purpose or activity for which
a piece of land or its buildings are designed,
arranged, developed or intended, or for
which it is occupied or maintained.
Variance means an alteration or change to
a standard prescribed by this bylaw that is
authorized by the Development Officer or
the Board.
Veterinary Clinic means a development for
the medical treatment of animals and
includes retail sales of associated products.
This includes such uses as impounding and
quarantining facilities and animal shelters
but does not include a kennel or the sale of
animals.
Warehouse means a building primarily for
the keeping of goods and merchandise,
excluding dangerous or hazardous
materials or derelict vehicles, and does not
include a cannabis production facility.
Wind Energy Conversion System
(WECS) means a development that
converts wind energy into electrical power.
The following definitions pertain to a WECS:
(a) "Blade" means the part of a WECS that
forms an aerodynamic surface and
revolves on contact with the wind;
(b) "Blade Clearance" means the minimum
distance from grade to the tip of the
blade when that tip is at the bottom of a
full 360-degree revolution and pointed
down to the ground;
(c) "Horizontal Axis Nacelle" means a
WECS on which the axis of the nacelle
is parallel to the grade;
(d) "Nacelle" means the part of the WECS
that includes a generator, gearbox or
yaw motor, and other operating parts
that is installed at the top of the tower,
and to which the blades are attached,
and is responsible for converting wind
power to energy;
(e) "Total Height" means the distance from
grade to the tip of a blade when that tip
is at the top of a full 360-degree
revolution and is pointed up to the sky;
and
Town of Wembley
Land Use Bylaw No. 733
December 2020
Page 72
(f) "Tower" means the vertical structure
that supports the nacelle and the blade
above the ground.
Wind Energy Conversion System
(WECS), Small Scale means a single
WECS developed to generate electrical
power for on-site consumption, either on or
off-grid, and may provide residual power to
the grid but is not intended to produce
power for resale. The system and
supporting structure is less than 25 m (80 ft)
in height.
Yard means a part of a lot or site that is
unoccupied and unobstructed by any
structure or portion of a structure above the
general ground level of the graded lot,
unless otherwise
permitted in this
bylaw.
Yard, Exterior
Side means a
yard abutting a
road that extends
from the front
yard to the rear
yard and is
situated between
the side lot line
and the nearest exterior wall of the principal
building.
Yard, Front means a yard extending across
the full width of a lot or site and situated
between the front lot line and nearest
exterior wall of the principal building.
Yard, Interior Side means a side yard other
than an exterior side yard.
Yard, Rear means a yard extending across
the full width of a lot or site and situated
between the rear lot line and the nearest
exterior wall of the principal building.
Yard, Side means a yard extending from
the front yard to the rear yard and situated
between the side lot line and the nearest
exterior wall of the principal building.
Yards
93 Avenue
94 Avenue
95 Avenue
96 Avenue
96 Avenue
97 Avenue
98 Avenue
99 Avenue
99A Avenue
100 Avenue
99 Avenue
95 Avenue
96 Avenue
94 Avenue
93 Avenue
95 Ave
97 Ave
99 Street
98 Street
101 Street
98 Street
99 Street
98 Street
100 Street
101 Street
102 Street
104 Street (Range Road 83)
Range Road 82
Township Road 712
97 Street
94 Street
94 Street
97 Street
96 St
94 Ave
94 Street
92 Street
101 Avenue
97 Street
102 Avenue
112 Avenue
97 Street
112 Avenue (Access Road No. 2)
97 Street (Access Road No. 2)
91 Street (Access Road No. 1)
Highway 43
Highway 43
Canadian National Railway
Canadian National Railway
93 Avenue
99 Avenue
95 Avenue
94A Avenue
98 Avenue
93 Street
92 Street
IG
UR
PU
UR
UR
IG
IG
CH
RS
IB
UR
PS
RR
CH
CH
PU
RS
RG
CP
RM
RM
RG
RS
RS
RS
RS
RS
RS
RG
PS
PS
PS
RG
RS
RG
CP
RG
RG
RG
RG
CP
RG
CP
RG
RG
CP
CP
RG
RG
CP
RS
RS
RS
RS
RG
RG
RG RG
RG
RG
RG
RG
RG
RG RG
RG
RG
RG
CP
RG
RG
RG
RG
CP
²
Land Use Bylaw Districts
RS Residential Single Detached
RG Residential General
RM Residential Multi-Family
RR Rural Residential
MHP Manufatured Home Park*
CP Primary Commercial
CH Highway Commercial
IG General Industrial
IB Business Industrial
PS Public Service
PU Public Utility
UR Urban Reserve
DC Direct Control*
Schedule A
Bylaw No. 733
Town of Wembley
* District is available in the Land Use Bylaw but has not yet been applied to any lands within the Town.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Schedule B
SCHEDULE B
LAND USE BYLAW FORMS
Page 1 of 2
DEVELOPMENT PERMIT
APPLICATION
FORM A
FOR ADMINISTRATIVE USE
APPLICATION NO.
DATE RECEIVED
Town of Wembley, 9940-101 Street, Box 89, Wembley, AB, T0H 2C0
W: www.wembley.ca | E: [email protected] | T: (780) 766-2269 | F: (780) 766-2868
I / We hereby make application under the provisions of the Land Use Bylaw for a Development Permit in accordance with the plans
and supporting information submitted herewith and form part of this application. I / We understand that this application will not be
accepted without the following:
(a) application fee;
(b) site plan sketch that includes all relevant detail to the proposed development (e.g.: proposed and existing structures, property
lines, creeks/ravines, parking and vehicle access, building plans, etc.)
APPLICANT INFORMATION
COMPLETE IF DIFFERENT FROM APPLICANT
NAME OF APPLICANT
NAME OF REGISTERED OWNER
ADDRESS
ADDRESS
POSTAL CODE
POSTAL CODE
EMAIL ADDRESS*
EMAIL ADDRESS*
*By supplying the Town with an email address, you agree to receive correspondence by email.
PHONE (CELL)
PHONE (RES)
PHONE (BUS)
PHONE (CELL)
PHONE (RES)
PHONE (BUS)
LAND INFORMATION
Address of proposed development site: ____________________________________________________________________
Legal description of proposed development site: REGISTERED PLAN: __________ BLOCK: _______ LOT (parcel): _______
Other legal description: __________________________________________________________________________________
Description of the existing use of the land: ___________________________________________________________________
Proposed Development: _________________________________________________________________________________
Estimated:
Date of Commencement: _________
Date of Completion: ___________
Value of Construction: $_________
FOR NEW CONSTRUCTION ONLY
LOT AREA: ________
LOT WIDTH: ________
LOT LENGTH: _________
PERCENTAGE OF LOT OCCUPIED: ____%
LOT TYPE:
INTERIOR CORNER WITH LANE WITHOUT LANE
PRINCIPLE BUILDING YARDS:
FRONT: _________
REAR: _________
SIDES: _________
ACCESSORY BUILDING YARDS:
FRONT: _________
REAR: _________
SIDES: _________
Page 2 of 2
DECLARATION
I/WE HEREBY AUTHORIZE REPRESENTATIVES OF THE TOWN TO ENTER MY/OUR LAND FOR THE PURPOSE OF CONDUCTING
A SITE INSPECTION IN CONNECTION WITH THIS APPLICATION
I/WE HEREBY DECLARE THAT THE ABOVE INFORMATION IS, TO THE BEST OF MY/OUR KNOWLEDGE, FACTUAL AND
CORRECT
___________
_________________________________________________
NOTE:
Date
SIGNATURE OF APPLICANT
Signature of Registered
Landowner required if different
from Applicant
___________
Date
_________________________________________________
SIGNATURE OF REGISTERED LANDOWNER / LEASEHOLDER
FOR ADMINISTRATIVE USE
LAND USE DISTRICT: __________________________________________________________________________________
FEE ENCLOSED: YES NO AMOUNT: $ ______________________ RECEIPT NO.: _____________
DEFINED USE: ________________________________________________________________________________________
PERMITTED/DISCRETIONARY: __________________________________________________________________________
VARIANCE: ___________________________________________________________________________________________
Notice of Collection
Protection of Privacy - Any personal information that the Town of Wembley may collect on this form is in compliance with
Section 33(c) of the Alberta Freedom of Information and Protection of Privacy Act and will be protected under Part 2 of the Act.
The information collected is required for the purpose of processing the Development Permit Application. If you have any
questions about the collection, please contact the Town's Freedom of Information and Protection of Privacy Coordinator at
(780) 766-2269 or [email protected].
Page 1 of 1
DEVELOPMENT PERMIT TIME EXTENSION
FORM B
Town of Wembley, 9940-101 Street, Box 89, Wembley, AB, T0H 2C0
W: www.wembley.ca | E: [email protected] | T: (780) 766-2269 | F: (780) 766-2868
Development Permit No.:
Name of Applicant:
Legal Description:
Section 684 of the Municipal Government Act, R.S.A. 2000 states an application for a
development permit is, at the option of the applicant, deemed to be refused if the decision of a
development authority is not made within 40 days after receipt of the application unless the
applicant has entered into an agreement with the development authority to extend the 40-day
period.
In accordance with Section 684 of the Municipal Government Act, S.A. 2000, as amended,
please complete the following consent form agreeing to extend the 40-day period within which
the Town of Wembley must make a decision.
TIME EXTENDED TO:
,
Month
Day
Year
I, the applicant, agree to extend the time period within which the Town of Wembley has to make
a decision on the development permit application.
APPLICANT:
Signature
Date
I, the Development Officer, agree to extend the time period within which the Town of Wembley
has to make a decision on the development permit application.
DEVELOPMENT
OFFICER:
Signature
Date
Page 1 of 1
DEVELOPMENT PERMIT
FORM C
FOR ADMINISTRATIVE USE
APPLICATION NO.
PERMIT NO.
Town of Wembley, 9940-101 Street, Box 89, Wembley, AB, T0H 2C0
W: www.wembley.ca | E: [email protected] | T: (780) 766-2269 | F: (780) 766-2868
Upon technical review, Development Permit No. (insert permit number) as applied for by (insert
name of applicant) for (insert proposed use) on (insert legal description)/(insert street address)
has been:
APPROVED
APPROVED WITH THE FOLLOWING CONDITIONS
REFUSED FOR THE FOLLOWING REASONS
If approved, you are hereby authorized to proceed with the development specified provided after
twenty-one (21) days of the issuance of this permit, provided that: any stated conditions are
complied with; that the development is in accordance with any approved plans and the application;
and that a Building Permit is obtained if construction is involved. If the application has been refused,
or if you object to any conditions of approval, you may file an appeal with the Clerk of the
Intermunicipal Subdivision and Development Appeal Board c/o County of Grande Prairie, 10001 -
84 Avenue, Clairmont, AB, T8X 5B2. Contact the Development Officer at (780) 766-2269 if you
require assistance.
Should an appeal be made against this decision to the Intermunicipal Subdivision and Development
Appeal Board, the development permit shall be null and void pending the outcome of the appeal.
Date of Decision: __________________________
Signature of Development Officer: __________________________
NOTE:
(1) Failure to comply with the conditions of this permit will result in punitive action being taken by
the Development Officer as authorized by sections 557, 566, and 646 of the Municipal
Government Act.
(2) The Land Use Bylaw provides that any person claiming to be affected by a decision of the
Development Officer may appeal to the Clerk of the Intermunicipal Subdivision and
Development Appeal Board within twenty-one (21) days of the date of the Notice of Decision.
Page 1 of 1
NOTICE OF DECISION OF
DEVELOPMENT OFFICER
FORM D
FOR ADMINISTRATIVE USE
APPLICATION NO.
Town of Wembley, 9940-101 Street, Box 89, Wembley, AB, T0H 2C0
W: www.wembley.ca | E: [email protected] | T: (780) 766-2269 | F: (780) 766-2868
Take notice that the following development permit for the proposed use listed below has been
APPROVED by the Development Officer for the Town of Wembley:
Name of Registered Owner:
Name of Applicant:
Purpose of Proposed Development:
Legal Description:
Street Address:
Any person claiming to be affected by the decision of the Development Officer may appeal to the
Clerk of the Intermunicipal Subdivision and Development Appeal Board c/o County of Grande
Prairie, 10001 - 84 Avenue, Clairmont, AB, T8X 5B2. Such an appeal shall be in writing and
delivered personally, by email, or by registered mail to the Clerk within twenty-one (21) days of
the date of this notice of decision. The notice of appeal shall contain a statement indicating the
reasons for the appeal. The appeal form shall be accompanied by a fee of $500.00.
Date of Notice of Decision: ________________________
(Insert Name), Development Officer
Town of Wembley
Attachment: Development Permit No. ____
Page 1 of 2
SUBDIVISION APPLICATION
FORM E
FOR ADMINISTRATIVE USE
APPLICATION NO.
DATE RECEIVED
DATE COMPLETE
Town of Wembley, 9940-101 Street, Box 89, Wembley, AB, T0H 2C0
W: www.wembley.ca | E: [email protected] | T: (780) 766-2269 | F: (780) 766-2868
This form is to be completed in full wherever applicable by the registered land owner that is the subject of the application or by a
person authorized to act on the registered owner's behalf (all form content is regulated by Section 4 of the Subdivision and
Development Regulation 43/2002 of the Municipal Government Act).
LEGAL DESCRIPTION AND AREA OF LAND TO BE SUBDIVIDED
All/part of Lot: ___________ Block: __________ Registered Plan No. __________________ C.O.T No.: __________________
All/part of the _________ ¼ Section _________ Township 71 Range 8 West of the 6th Meridian
Municipal Address (if applicable): ___________________________________________________________________________
Area of the above parcel to be subdivided: ______________ Hectares
LOCATION OF LAND TO BE SUBDIVIDED
(a) The land is situated in the municipality of the Town of Wembley.
(b) Is the land situated immediately adjacent to the municipal border? Yes No
(c) Is the land situated within 1.6 kilometers of the centre line of Highway 43? Yes No
(d) Does the proposed parcel contain or is it adjacent to a body of water or by a drainage ditch or canal? Yes No
If yes, state the name: ______________________
(e) Is the proposed parcel within 1.5 kilometers of a sour gas facility? Yes No
LANDOWNER INFORMATION
PERSON AUTHORIZED TO ACT ON BEHALF OF THE
REGISTERED OWNER (IF APPLICABLE)
NAME OF REGISTERED OWNER
NAME OF AGENT
ADDRESS
ADDRESS
POSTAL CODE
POSTAL CODE
EMAIL ADDRESS*
EMAIL ADDRESS*
*By supplying the Town with an email address, you agree to receive correspondence by email.
PHONE (CELL)
PHONE (RES)
PHONE (BUS)
PHONE (CELL)
PHONE (RES)
PHONE (BUS)
Page 2 of 2
EXISTING AND PROPOSED USE OF LAND TO BE SUBDIVIDED
Describe:
(a) Existing use of the land: __________________________________________________________________________________
(b) Proposed use of the land: _________________________________________________________________________________
(c) The designated use of the land as classified under the Land Use Bylaw: ____________________________________________
EXISTING BUILDINGS ON THE LAND TO BE SUBDIVIDED
Describe any buildings and any structures on the land and whether they are to be demolished or moved:
REGISTERED LANDOWNER OR PERSON ACTING ON THE REGISTERED OWNER'S BEHALF
I, ________________________________________________, hereby certify that
I am the registered landowner or;
I am the agent authorized to act on behalf of the registered landowner;
and that the information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts
relating to this application.
ADDRESS
SIGNATURE
PHONE NO.
DATE
SIGNED COPY OF AGENT AUTHORIZATION MUST BE ATTACHED TO THIS FORM, IF APPLICABLE. FURTHER INFORMATION MAY BE
PROVIDED BY THE APPLICANT ON THE REVERSE OF THIS FORM
Notice of Collection
Protection of Privacy - Any personal information that the Town of Wembley may collect on this form is in compliance with
Section 33(c) of the Alberta Freedom of Information and Protection of Privacy Act and will be protected under Part 2 of the
Act. The information collected is required for the purpose of processing the Development Permit Application. If you have any
questions about the collection, please contact the Town's Freedom of Information and Protection of Privacy Coordinator at
(780) 766-2269 or [email protected].
PHYSICAL CHARACTERISTICS OF THE LAND TO BE SUBDIVIDED (WHERE APPROPRIATE)
(a) Describe the nature of the topography of the land (flat, rolling, steep, mixed): _________________________________________
(b) Describe the nature of the vegetation and water on the land (brush, shrubs, tree stands, woodlots, etc., - sloughs, creeks, etc.):
______________________________________________________________________________________________________
(c) Describe the kind of soil on the land (sandy, loam, clay etc.): ______________________________________________________
Page 1 of 1
NOTIFICATION: SUBDIVISION
APPLICATION DEEMED COMPLETE
FORM F
Town of Wembley, 9940-101 Street, Box 89, Wembley, AB, T0H 2C0
W: www.wembley.ca | E: [email protected] | T: (780) 766-2269 | F: (780) 766-2868
File Number:
Name of Applicant:
Address of Applicant:
Legal Description:
Date Received:
Please be advised that your Subdivision Application has been deemed complete.
Review of this application has now commenced. The Town has 60 days from the date of this
notice to make a decision on your subdivision permit application. If a decision is not rendered
within 60 days, you may consider this application refused and an appeal may be submitted to
the Intermunicipal Subdivision and Development Appeal Board. Alternatively, the Development
Officer may request a subdivision time extension should additional time be required for review.
Yours truly,
___________________________________________
____________________________
Authorized Authority on Behalf of the Town of Wembley
Date
Page 1 of 1
RIGHT OF ENTRY - SUBDIVISION
FORM G
FOR ADMINISTRATIVE USE
APPLICATION NO.
DATE RECEIVED
DATE COMPLETE
To be attached to Subdivision
Application - Form E
Town of Wembley, 9940-101 Street, Box 89, Wembley, AB, T0H 2C0
W: www.wembley.ca | E: [email protected] | T: (780) 766-2269 | F: (780) 766-2868
DISCLAIMER
RIGHT OF ENTRY FOR THE PURPOSES OF A SITE INSPECTION BY AN AUTHORIZED PERSON OF
THE TOWN OF WEMBLEY FOR LAND AFFECTED BY A PROPOSED SUBDIVISION APPLICATION.
Section 653(2) of the Municipal Government Act, R.S.A. 2000 states
"If a subdivision application includes a form on which the applicant for subdivision approval may or may
not consent to the municipality or its delegate carrying out an inspection, at a reasonable time, of the
land that is the subject of the application and if the applicant signs a consent to the inspection, a notice
of inspection is not required to be given under section 542(1)."
IN ACCORDANCE WITH SECTION 653 OF THE MUNICIPAL GOVERNMENT ACT, R.S.A 2000, PLEASE
COMPLETE THE FOLLOWING RIGHT OF ENTRY FORM AND SUBMIT WITH YOUR SUBDIVISION
APPLICATION.
I agree to the above Disclaimer and I hereby give consent for an authorized person of the Town of Wembley
to enter upon the land that is subject to a subdivision application for the purposes of making a site inspection
in order to evaluate the proposed subdivision.
If you wish to be present at the time of site inspection, please check the following box:
LEGAL DESCRIPTION OF LAND: ________________________________________________________
OWNER'S NAME: _____________________________________________________________________
OWNER'S SIGNATURE: ________________________________________________________________
DATE: _______________________________
Notice of Collection
Protection of Privacy - Any personal information that the Town of Wembley may collect on this form is in
compliance with Section 33(c) of the Alberta Freedom of Information and Protection of Privacy Act and will be
protected under Part 2 of the Act. The information collected is required for the purpose of processing the
Subdivision Application. If you have any questions about the collection, please contact the Town's Freedom of
Information and Protection of Privacy Coordinator at (780) 766-2269 or [email protected].
Page 1 of 1
SUBDIVISION TIME EXTENSION
FORM H
Town of Wembley, 9940-101 Street, Box 89, Wembley, AB, T0H 2C0
W: www.wembley.ca | E: [email protected] | T: (780) 766-2269 | F: (780) 766-2868
Subdivision File No.:
Name of Applicant:
Legal Description:
The Municipal Government Act, S.A. 2000, Section 681(1) states:
If a subdivision authority fails or refuses to make a decision on an application for subdivision
approval within the time prescribed by the subdivision and development regulations, the
application may, within 14 days after the expiration of the time prescribed, (a) treat the
application as refused and appeal in accordance with Section 678, or (b) enter into an
agreement with the subdivision authority to extend the time prescribed in the subdivision and
development regulations.
In accordance with Section 681(1)(b) of the Municipal Government Act, S.A. 2000, as amended,
please complete the following consent form agreeing to extend the 60-day period within which the
Town of Wembley must make a decision.
TIME EXTENDED TO:
,
Month
Day
Year
I, the applicant, agree to extend the time period within which the Town of Wembley has to make a
decision on the subdivision application.
APPLICANT:
Signature
Date
I, the Development Officer, agree to extend the time period within which the Town of Wembley
has to make a decision on the subdivision application.
DEVELOPMENT
OFFICER:
Signature
Date
Page 1 of 1
DESIGNATION OF AUTHORIZED
AGENT
FORM I
FOR ADMINISTRATIVE USE
APPLICATION NO.
To be attached to Form A, E, and/or
J where applicable
Town of Wembley, 9940-101 Street, Box 89, Wembley, AB, T0H 2C0
W: www.wembley.ca | E: [email protected] | T: (780) 766-2269 | F: (780) 766-2868
LAND INFORMATION
Legal description of proposed development site:
REGISTERED PLAN
BLOCK
LOT
OR
QTR
SEC
TWP
71
RG
8
W6M
The undersigned, registered owners of the above noted property, do hereby authorize:
_________________________________________
Agent (Printed Name)
_________________________________________
Company Name (if applicable)
To act as my/our agent for the following application on the lands described above.
Land Use Bylaw Amendment
Subdivision
Development Permit
LANDOWNER INFORMATION
_________________________________________
Landowner (Printed Name)
_________________________________________
Landowner (Signature)
_________________________________________
Landowner (Printed Name)
_________________________________________
Landowner (Signature)
_________________________________________
Landowner (Printed Name)
_________________________________________
Landowner (Signature)
_________________________________________
Landowner (Printed Name)
_________________________________________
Landowner (Signature)
_________________________________________
Company Name (Printed Name)
_________________________________________
Date
Notice of Collection
Protection of Privacy - Any personal information that the Town of Wembley may collect on this form is in
compliance with Section 33(c) of the Alberta Freedom of Information and Protection of Privacy Act and will be
protected under Part 2 of the Act. The information collected is required for the purpose of processing the
Development Permit Application. If you have any questions about the collection, please contact the Town's
Freedom of Information and Protection of Privacy Coordinator at (780) 766-2269 or [email protected].
Page 1 of 2
LAND USE BYLAW
AMENDMENT APPLICATION
FORM J
FOR ADMINISTRATIVE USE
APPLICATION NO.
DATE RECEIVED
DATE COMPLETE
Town of Wembley, 9940-101 Street, Box 89, Wembley, AB, T0H 2C0
W: www.wembley.ca| E: [email protected] | T: (780) 766-2269 | F: (780) 766-2868
I / We hereby make application to amend the Town of Wembley Land Use Bylaw in accordance with the plans and supporting
information submitted herewith and form part of this application.
APPLICANT INFORMATION
COMPLETE IF DIFFERENT FROM APPLICANT
NAME OF APPLICANT
NAME OF REGISTERED OWNER
ADDRESS
ADDRESS
POSTAL CODE
POSTAL CODE
EMAIL ADDRESS*
EMAIL ADDRESS*
*By supplying the Town with an email address, you agree to receive correspondence by email.
PHONE (CELL)
PHONE (RES) PHONE (BUS)
PHONE (CELL)
PHONE (RES) PHONE (BUS)
AMENDMENT INFORMATION
FORM OF AMENDMENT
Land Use Bylaw Map Amendment (Redesignation of Land)
Current Land Use District: ____________________________ Proposed Land Use District: ___________________________
Text Amendment
Description of Amendment:
LAND INFORMATION (IF LAND USE BYLAW MAP AMENDMENT)
All/part of Lot: ___________ Block: __________ Registered Plan No. __________________ C.O.T No.: __________________
All/part of the _________ ¼ Section _________ Township 71 Range 8 West of the 6th Meridian
Municipal Address (if applicable): __________________________________________________________________________
Page 2 of 2
SIGNATURES
I/We enclose the required application fee of $ ______________
The following information is to be attached to this application (if the amendment is for the redesignation of land):
On a separate sheet, provide a scaled site plan of the property to be redesignated and the land uses surrounding the subject
property within a 90 metre (285 ft) radius of the boundaries of the site.
Current copy of the title.
Copy of the caveats or restrictive covenants registered against the title affecting the land use.
Completed Owner's Authorization (Form I) where the applicant is an agent for the owner.
The Development Officer may refuse to accept an application to amend the Land Use Bylaw if the information required has not been
supplied or if, in his/her opinion, it is of inadequate quality to properly evaluate the application.
I/we hereby authorize representatives of the Town to enter my/our land for the purpose of conducting a site inspection in connection
with this application. I/we also hereby declare that the above information is, to the best of my/our knowledge, factual and correct
Date
SIGNATURE OF APPLICANT
PRINTED NAME OF APPLICANT
NOTE:
Signature of ALL Registered Land
Owner(s) required if different from
Applicant. If there are more than two
(2) registered landowners attach an
additional sheet to this application.
Date
SIGNATURE OF REGISTERED LANDOWNER(S)
PRINTED NAME OF REGISTERED LANDOWNER(S)
Date
SIGNATURE OF REGISTERED LANDOWNER(S)
PRINTED NAME OF REGISTERED LANDOWNER(S)
FOR ADMINISTRATIVE USE
LAND USE DISTRICT: _____________________________________________________________________________________________
FEE ENCLOSED:
YES
NO
AMOUNT: __________________
RECEIPT NO.: _____________________
BYLAW NO. ___________________________________
FIRST READING DATE: __________________________
PUBLIC HEARING DATE: _________________________________________
SECOND READING DATE: _______________________
THIRD/FINAL READING DATE: _____________________________________
Notice of Collection
Protection of Privacy - Any personal information that the Town of Wembley may collect on this form is in compliance with
Section 33(c) of the Alberta Freedom of Information and Protection of Privacy Act and will be protected under Part 2 of
the Act. The information collected is required for the purpose of processing the Development Permit Application. If you
have any questions about the collection, please contact the Town's Freedom of Information and Protection of Privacy
Coordinator at (780) 766-2269 or [email protected].
DEMOLITION PERMIT APPLICATION
FORM K
Town of Wembley, 9940-101 Street, Box 89, Wembley, AB, T0H 2C0
W: www.wembley.ca | E: [email protected] | T: (780) 766-2269 | F: (780) 766-2868
All applications not submitted electronically must be completed in ink. Pencil will not be accepted.
PROPOSED
LOCATION AND
OWNER ON
TITLE
Municipal Address:
Legal Description:
Lot:
Block:
Plan:
Name:
Phone #:
Address:
Email:
APPLICANT
(If Different)
Name:
Phone#:
Address:
Email:
CONTRACTOR
INFORMATION
(If Different)
Name:
Business License #:
Phone #:
Site Contact:
Address:
Email:
ASBESTOS
(If Applicable)
To be signed by the owner of the building or their agent:
I, ______________________________________ declare that all the asbestos in the building to be demolished
has been removed in accordance with regulations made pursuant to the Occupational Health and Safety Act.
TYPE
What was the former intended use of the building being demolished?
UTILITIES
SIGNATURES REQUIRED
FOR ALL SERVICES
Aquatera Billing Dept. (780.538.0348) or ([email protected])
Aquatera Engineering Services (780.538.0348) or ([email protected])
ATCO ELECTRIC (780.538.7028) OR ([email protected])
ATCO GAS (780.539.2400) OR ([email protected])
Town of Wembley Fire Department (780.766.3170) or ([email protected])
Telus (780.518.2984) or ([email protected])
OFFICE USE
(Fees)
Date Paid:
Receipt#
Payment: Cash Cheque Debit Credit
Demolition Fee: __________________________
Safety Codes Fee: __________________________
Permit Issuer (signature): _________________________
Permit Issuer (print): _____________________________
Designation#: __________________________________
Date Issued: ___________________________________
Permit #: ______________________________________
I, ____________________________ , hereby declare I am I represent the owner of the property.
Town of Wembley
Land Use Bylaw No. 733
December 2020
Schedule C
SCHEDULE C
SUMMARY OF AMENDMENTS
Bylaw Number
3rd Reading Date
Legal
Applicant
Subject