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WHEATLAND COUNTY
Where There's Room to Grow
LAND USE BYLAW
Bylaw 2016-01
Approved May 2, 2017
W h e a t l a n d C o u n t y L a n d U s e B y l a w 2 0 1 6 - 0 1 i
WHEATLAND COUNTY
LAND USE BYLAW
Revised Bylaw 2016-01
OFFICE CONSOLIDATION
Note: Land Use Bylaw No. 2016-01 was adopted by County Council on May 2, 2017 and became effective on
that date. It replaced Land Use Bylaw 2007-56 which was simultaneously rescinded on that date. This Bylaw is
subject to change by Council. A current listing of any and all amendments can be obtained from the County
Office.
This document has been consolidated for convenience only. The official Bylaw and amendments thereto,
available from the County Office, should be consulted for all purposes of interpretation and application.
Questions concerning the interpretation and application of this Bylaw should be directed to the Planning and
Development Department of Wheatland County.
Bylaws for Amendments:
-
May 16, 2017 - Bylaw 2016-27 (DC-9) and Bylaw 2016-63 (DC-10)
-
June 20, 2017 - Bylaw 2016-30 (DC-11) and Bylaw 2016-46 (DC-12)
-
July 18, 2017 - Bylaw 2016-45 (DC-13)
-
November 21, 2017 - Bylaw 2017-16 (DC-14)
-
December 20, 2017 - Bylaw 2017-58 (DC-7)
-
August 14, 2018 - Bylaw 2017-33 (DC-15) and Bylaw 2018-06
-
September 18, 2018 - Bylaw 2017-54
-
November 6, 2018 - Bylaw 2018-21
-
February 5, 2019 - Bylaw 2018-32
-
March 5, 2019 - Bylaw 2018-39
-
April 2, 2019 - Bylaw 2018-36, Bylaw 2018-38 and Bylaw 2019-09
-
May 7, 2019 - Bylaw 2019-04 and 2019-05
-
May 22, 2019 - Bylaw 2017-40 (DC-16)
-
June 4, 2019 - Bylaw 2017-44 (DC-17)
-
January 14, 2020 - Bylaw 2019-27
-
February 4, 2020 - Bylaw 2019-32 (DC-19)
-
February 18, 2020 - Bylaw 2019-30 (DC-18)
-
March 24, 2020 - Bylaw 2020-04
-
June 16, 2020 - Bylaw 2019-36
-
September 9, 2020 - Bylaw 2020-25, Bylaw 2020-26, Bylaw 2020-28
-
November 10, 2020 - Bylaw 2020-24 (DC-20) and Bylaw 2020-33 (DC-3)
-
March 2, 2021 - Bylaw 2021-02 (DC-21)
-
October 5, 2021 - Bylaw 2021-17 and Bylaw 2021-20 (DC-22)
-
April 19, 2022 - Bylaw 2021-34
-
June 21, 2022 - Bylaw 2022-06 (DC-23)
-
October 4, 2022 - Bylaw 2022-22
-
December 20, 2022 - Bylaw 2022-24 (DC-3 amendment)
-
August 15, 2023 - Bylaw 2022-29 (DC-24)
-
October 17, 2023 - Bylaw 2023-22 (DC-7 amendment)
-
December 19, 2023 - Bylaw 2023-20
-
February 6, 2024 - Bylaw 2023-27
-
June 4, 2024 - Bylaw 2024-01 (DC-3 amendment) and Bylaw 2024-13
-
June 18, 2024 - Bylaw 2024-14 (DC-25)
-
August 13, 2024 - Bylaw 2023-25 (DC-3 amendments)
W h e a t l a n d C o u n t y L a n d U s e B y l a w 2 0 1 6 - 0 1 ii
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November 12, 2024 - Bylaw 2024-31 (DC-26)
-
May 20, 2025 - Bylaw 2025-05
-
May 19, 2026 - Bylaw 2026-05 (DC-3 amendment)
-
June 3, 2026 - Bylaw 2026-03 (DC-7 amendment)
W h e a t l a n d C o u n t y L a n d U s e B y l a w 2 0 1 6 - 0 1 iv
USER GUIDE - SECTION 1
The "User Guide" is intended for information and clarity purposes only and is not a section of the Wheatland
County Land Use Bylaw.
The Land Use Bylaw establishes rules and regulations for the use of land and buildings in Wheatland County. It
regulates location, intensity, type of land use, buildings, and also details the process for land use
redesignations and the application process for permits to develop property.
Alignment with existing Wheatland County policies is a key component of the rules and regulations outlined in
the Land Use Bylaw. This Land Use Bylaw reflects the Municipal Development Plan and bylaws, regulations and
Acts of the County and governments of Alberta and Canada. Wherever possible, these are referenced in the
Land Use Bylaw, but the onus is on the individual landowner, developer and/or applicant to ensure that
relevant laws are complied with.
As a reference document, the Land Use Bylaw's Table of Contents is an important index. This Bylaw is
organized in nine (9) parts with related information. The nine (9) parts are as follows:
Part 1: Administration and Enactment
Part 2: Definitions
Part 3: Duties of Administrative Authorities
Part 4: Application for Development Permits and Subdivision
Part 5: Amending the Land Use Bylaw
Part 6: Enforcement and Appeals
Part 7: General Regulations
Part 8: Specific Use Regulations
Part 9: Land Use Districts
W h e a t l a n d C o u n t y L a n d U s e B y l a w 2 0 1 6 - 0 1 v
TABLE OF CONTENTS
SECTION 1
ADMINISTRATION AND ENACTMENT ................................................................................................................ 1
Title ............................................................................................................................................................. 1
Purpose & Alignment ................................................................................................................................. 1
Effective Date & Repeal of Previous Bylaw............................................................................................... 1
Conformity with this Bylaw ......................................................................................................................... 2
Non-Conforming Buildings and Uses ........................................................................................................ 2
Compliance with Other Legislation ............................................................................................................ 2
Severability ................................................................................................................................................. 2
Applications in Process .............................................................................................................................. 2
Rules of Interpretation ............................................................................................................................... 3
Establishment of Land Use Districts ......................................................................................................... 4
DEFINITIONS ......................................................................................................................................................... 5
DUTIES OF ADMINISTRATIVE AUTHORITIES .................................................................................................. 31
Council ...................................................................................................................................................... 31
Development Authority ............................................................................................................................ 31
Development Officer ................................................................................................................................ 31
Municipal Planning Commission (MPC) .................................................................................................. 33
Subdivision Authority ............................................................................................................................... 33
Subdivision and Development Appeal Board ("SDAB" or "Board") ....................................................... 34
APPLICATION FOR DEVELOPMENT AND SUBDIVISION ............................................................................ 35
Development Permits Required .............................................................................................................. 35
Development Permits Not Required ....................................................................................................... 35
Variances .................................................................................................................................................. 40
Application for a Development Permit .................................................................................................... 40
Development Permit Process .................................................................................................................. 41
Notification and Referral of Development Permit Applications ............................................................. 43
Development Permit Conditions .............................................................................................................. 43
Notice of Decision .................................................................................................................................... 46
Validity of a Development Permit ............................................................................................................ 47
Reapplication for a Development Permit ................................................................................................ 47
Requirements for a Complete Development Permit Application ........................................................... 47
Supplementary Requirements for a Development Permit Application ................................................. 48
Requirements for a Complete Subdivision Application .......................................................................... 49
Subdivision Application Process .............................................................................................................. 49
AMENDING THE LAND USE BYLAW ................................................................................................................ 51
Procedures for Amending the Land Use Bylaw ...................................................................................... 51
Bylaw Amendment Application Requirements ....................................................................................... 51
W h e a t l a n d C o u n t y L a n d U s e B y l a w 2 0 1 6 - 0 1 vi
Potential Additional Requirements for an Amendment Application ...................................................... 51
Public Consultation Process .................................................................................................................... 51
Circulation and Referral Process ............................................................................................................. 52
Reapplication for a Land Use Amendment ............................................................................................. 52
ENFORCEMENT & APPEALS ............................................................................................................................ 53
Contravention ........................................................................................................................................... 53
Suspension or Cancellation of a Development Permit .......................................................................... 54
Stop Orders ............................................................................................................................................... 54
Entry to Property Regarding Land Use Matters ...................................................................................... 55
Enforcement of a Stop Order ................................................................................................................... 55
Appeal of Stop Orders .............................................................................................................................. 55
Penalties ................................................................................................................................................... 55
Development Permit Appeals .................................................................................................................. 56
Hearing of the Subdivision and Development Appeal Board ................................................................ 57
Decision of the Subdivision and Development Appeal Board ............................................................... 57
Court of Appeal ......................................................................................................................................... 57
Subdivision Appeals ................................................................................................................................. 58
GENERAL REGULATIONS ................................................................................................................................. 60
Access Easements ................................................................................................................................... 60
Access To Property ................................................................................................................................... 60
Accessory Buildings/Structures .............................................................................................................. 60
Additions ................................................................................................................................................... 61
Animal Controls ........................................................................................................................................ 61
Architectural Controls .............................................................................................................................. 61
Boundary Adjustment .............................................................................................................................. 61
Buildable Area for Parcels ....................................................................................................................... 62
Dark Sky Considerations .......................................................................................................................... 63
Environmentally Significant Area............................................................................................................. 63
Height and Grade ..................................................................................................................................... 63
Landscaping, Fencing, and Screening .................................................................................................... 64
Man-Made Water Bodies ......................................................................................................................... 67
Parking and Loading Requirements ........................................................................................................ 68
Projections ................................................................................................................................................ 73
Road Approaches ..................................................................................................................................... 73
Servicing Requirements ........................................................................................................................... 74
Signs ......................................................................................................................................................... 74
Soil Remediation ...................................................................................................................................... 83
Special Setback Requirements ............................................................................................................... 83
Stripping and Grading .............................................................................................................................. 84
W h e a t l a n d C o u n t y L a n d U s e B y l a w 2 0 1 6 - 0 1 vii
Telecommunication Tower ....................................................................................................................... 86
SPECIFIC USE REGULATIONS .......................................................................................................................... 87
Backyard Hens ......................................................................................................................................... 87
Bed and Breakfast ................................................................................................................................... 88
Campgrounds ........................................................................................................................................... 88
Cannabis Production Facility and Cannabis Cultivation ........................................................................ 89
Cannabis Store ......................................................................................................................................... 90
Condominium Development .................................................................................................................... 90
Confined Feeding Operation .................................................................................................................... 90
Dwellings................................................................................................................................................... 91
Dwelling, Accessory .................................................................................................................................. 91
Dwelling, Manufactured ........................................................................................................................... 92
Dwelling, Modular..................................................................................................................................... 93
Dwelling, Moved On ................................................................................................................................. 94
Dwelling, Secondary Suite ....................................................................................................................... 94
Dwelling, Temporary ................................................................................................................................. 94
Home-Based Business ............................................................................................................................. 94
Animal Services ........................................................................................................................................ 97
Second Dwellings ..................................................................................................................................... 98
Shipping Containers ................................................................................................................................. 98
Solar Panel, Ground Mount ..................................................................................................................... 99
Solar Panel, Structure Mount ................................................................................................................ 100
Wind Energy Conversion Systems, Category 1 (WECS) ........................................................................ 100
Wind Energy Conversion Systems, Category 2 (WECS) ........................................................................ 102
LAND USE DISTRICTS ..................................................................................................................................... 104
Agricultural General District (AG) ........................................................................................................... 104
Rural Business District (RB) .................................................................................................................. 106
Country Residential District (CR) ........................................................................................................... 109
Commercial Highway District (CH) ......................................................................................................... 111
Industrial General District (IG) ............................................................................................................... 114
Intensive Industrial District (II) .............................................................................................................. 117
Natural Resource Extraction / Processing District (NRE) .................................................................... 120
Parks & Recreation District (PR) ........................................................................................................... 124
Community Service District (CS) ............................................................................................................ 126
Public Utility District (PU) ....................................................................................................................... 128
Hamlet Residential General District (HRG) ........................................................................................... 130
Hamlet Multiple Unit Residential District (HMR) .................................................................................. 132
Hamlet Mixed-Use District (HMU) .......................................................................................................... 134
Hamlet Manufactured Home District (HMH) ........................................................................................ 137
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Hamlet Commercial District (HC) .......................................................................................................... 139
Hamlet Industrial District (HI) ................................................................................................................ 141
Eagle Lake Restricted Residential District (EL-RR) .............................................................................. 143
Speargrass Low Density Residential District (S-LDR)........................................................................... 145
Speargrass Special Medium Density Residential District (S-SMDR) ..................................... 147
Speargrass Medium Density Residential District (S-MDR) .................................................................. 149
Direct Control District (DC-1) ................................................................................................................. 151
Direct Control District (DC-2) ................................................................................................................. 154
Direct Control District (DC-3) ................................................................................................................. 157
Direct Control District (DC-4) ................................................................................................................. 162
Direct Control District (DC-5) ................................................................................................................. 164
Direct Control District (DC-6) ................................................................................................................. 166
Direct Control District (DC-7) ................................................................................................................. 168
Direct Control District (DC-8) ................................................................................................................. 178
Direct Control District (DC-9) ................................................................................................................. 181
Direct Control District (DC-10) ............................................................................................................... 184
Direct Control District (DC-11) ............................................................................................................... 188
Direct Control District (DC-12) ............................................................................................................... 192
Direct Control District (DC-13) ............................................................................................................... 195
Direct Control District (DC-14) ............................................................................................................... 198
Direct Control District (DC-15) ............................................................................................................... 201
Direct Control District (DC-16) ............................................................................................................... 203
Direct Control District (DC-17) ............................................................................................................... 205
Direct Control District (DC-18) ............................................................................................................... 207
Direct Control District (DC-19) ................................................................................................................. 209
Direct Control District (DC-20) ................................................................................................................. 212
Direct Control District (DC-21) ................................................................................................................. 214
Direct Control District (DC-22) ............................................................................................................... 217
Direct Control District (DC-23) ............................................................................................................... 221
Direct Control District (DC-24) ............................................................................................................... 227
Direct Control District (DC-25) ............................................................................................................... 231
Direct Control District (DC-26) ............................................................................................................... 233
W h e a t l a n d C o u n t y L a n d U s e B y l a w 2 0 1 6 - 0 1 ix
W h e a t l a n d C o u n t y L a n d U s e B y l a w 2 0 1 6 - 0 1 1 | P a g e
ADMINISTRATION AND ENACTMENT
Title
This Bylaw may be cited as the "Wheatland County Land Use Bylaw". This Land Use Bylaw
is referred to as "the" or "this" "Bylaw" in this text.
Purpose & Alignment
This Bylaw's purpose as per the Municipal Government Act is to facilitate and regulate the
use and development of land and buildings within Wheatland County (hereinafter referred
to as the "County") to ensure orderly, economical and beneficial development. More
specifically, this Bylaw:
a) Designates a land use district to all parcels of land within the County;
b) Sets out rules and regulations for each land use district, the purpose for which the land and
buildings may be used;
c) Establishes the roles of the Approving Authorities;
d) Establishes the method of making decisions on applications for redesignation and
Development Permits; and
This Bylaw is in alignment with the County's Municipal Development Plan as amended
from time to time, and shall be applied in a manner that serves to implement statutory
plans that have been adopted by the County.
This Bylaw shall be used in conjunction with the Guidelines, Standards, Policies, and
Procedures as adopted and amended by Council from time to time.
Effective Date & Repeal of Previous Bylaw
This Bylaw comes into effect at such time that it has received third (3rd) reading and has
been signed in accordance with the Municipal Government Act (hereinafter referred to as
the "Act").
Bylaw 2007-56 is hereby repealed at such time as this Bylaw has received third (3rd)
reading and signed in accordance with the Act.
Preamble
This section of the Bylaw establishes the purpose of the Bylaw, and how it is to be used and
administered on its effective date.
Note: The text contained within this box does not form part of this Bylaw and is only provided
as context for the reader.
W h e a t l a n d C o u n t y L a n d U s e B y l a w 2 0 1 6 - 0 1 2 | P a g e
Conformity with this Bylaw
No development shall be carried out within the boundaries of the "County" except in
conformity with the provisions of this Bylaw.
Non-Conforming Buildings and Uses
Non-conforming building and uses will be governed in accordance with Section 643 of the
Act.
Compliance with Other Legislation
In addition to meeting the requirements of this Bylaw, it is the responsibility of the
applicant to obtain other such approvals or licenses as may be required by the County or
other Provincial or Federal Government departments or agencies. A person(s) who applies
for, or is in possession of a valid Development Permit is responsible for complying with or
carrying out development in accordance with:
a) Provincial and/or Federal legislation including, but not limited to the provisions of the
Environmental Protection and Enhancement Act, R.S.A. 2000 Chapter E-12, the Public Health
Act, R.S.A. 2000 Chapter P-37, the Alberta Land Stewardship Act. the Alberta Agricultural
Operations Practices Act and the Municipal Government Act.
b) The conditions of any caveat, covenant, easement, instrument or agreement affecting the
land or building;
c) The requirements of other applicable County bylaws, policies and procedures as adopted by
the County from time to time; and
d) Any successor or replacement legislation or regulation which may be enacted in substitution
thereof.
Severability
If any provision of this Bylaw is found to be unenforceable or contradictory to superseding
laws and regulations, it is the intention of the Council that such provision be severed from
this Bylaw and that every other provision of this Bylaw continue in force and effect.
Applications in Process
All applications for redesignation, subdivision and development which are received and
deemed complete but not yet approved prior to the effective date of this Bylaw shall
require alignment with this Bylaw and the provisions of this Bylaw shall be applicable to all
decisions on these applications.
W h e a t l a n d C o u n t y L a n d U s e B y l a w 2 0 1 6 - 0 1 3 | P a g e
Rules of Interpretation
Compliance with the policies in this Bylaw shall be interpreted and applied as follows:
a) "DISCRETIONARY USE" means the use of land or a building for which a Development Permit
may be issued by the Development Authority, with or without conditions. Discretionary uses
require the approval of the Municipal Planning Commission.
b) "EXEMPT" means development that does not require a Development Permit if it meets all
requirements of this Bylaw.
c) "MAY" is a discretionary term, meaning the provision in question can be enforced by the
County if it chooses to do so, dependent on the particular circumstances of the site and/or
application.
d) "MUST" is a directive term that indicates that the actions outlined are mandatory and
therefore must be complied with, without discretion, by Administration, the developer, and the
Development Authority.
e) "PERMITTED USE" means the use of land or a building provided for in this Bylaw for which a
Development Permit shall be issued with or without conditions by the Development Authority,
unless Exempt under this Bylaw.
f)
"SHALL" is a directive term that indicates that the actions outlined are mandatory and
therefore must be complied with, without discretion, by Administration, the
developer/landowner, and the Development Authority.
g) "SHOULD" is a directive term that provides direction to strive to achieve the outlined action,
but is not mandatory. When the regulation is directed to the applicant, the onus is on the
applicant to justify why the desired action/result is not proposed and/or will not be achieved.
When a regulation or district involves two (2) or more conditions, provisions or events
connected by a conjunction, the following definitions shall apply:
a) "And" means all the connected items shall apply in combination;
b) "Or" indicates that the connected items may apply singularly or in combination; and
Words used in the singular include the plural and vice-versa.
In the case of any conflict between the text of this Bylaw and any maps or drawings used to
illustrate any aspect of this Bylaw, the text shall govern.
When a word is used in the masculine or feminine terminology, it shall be deemed to be
referring to either gender.
In the case of any conflict between information expressed in metric units and in imperial
units, the metric units shall govern.
W h e a t l a n d C o u n t y L a n d U s e B y l a w 2 0 1 6 - 0 1 4 | P a g e
Establishment of Land Use Districts
The County is divided into those Districts specified in Part 9 of this Bylaw and as shown on the Wheatland
County Land Use Mapping available online.
Provisions covering all general and specific regulations, as listed in Parts 7 and 8 of this
Bylaw shall govern any Permitted and Discretionary Uses listed in a land use district.
The rules and regulations of the Bylaw and below districts do not apply to planning and
development activities on Crown lands which are carried on by the Crown or its agents but
would apply to planning and development activities on Crown lands carried out by the third
party unless the use, development, activity or party is otherwise exempt from complying
with the Land Use Bylaw.
District
Abbreviation
Agriculture General
AG
Rural Business
RB
Country Residential
CR
Commercial Highway
CH
Industrial General
IG
Intensive Industrial
II
Natural Resource Extraction / Processing
NRE
Parks & Recreation
PR
Community Service
CS
Public Utility
PU
Hamlet Residential General
HRG
Hamlet Multiple Unit Residential
HMR
Hamlet Mixed-Use
HMU
Hamlet Manufactured Home
HMH
Hamlet Commercial
HC
Hamlet Industrial
HI
Eagle Lake Restricted Residential
EL-RR
Speargrass Low Density Residential
S-LDR
Speargrass Special Medium Density Residential
S-SMDR
Speargrass Medium Density Residential
S-MDR
Direct Control District #1
DC - 1
Direct Control District #2
DC - 2
Direct Control District #3
DC - 3
Direct Control District #4
DC - 4
Direct Control District #5
DC - 5
Direct Control District #6
DC - 6
Direct Control District #7
DC - 7
Direct Control District #8
DC - 8
Direct Control District #9
DC - 9
Direct Control District #10
DC - 10
Direct Control District #11
DC - 11
Direct Control District #12
DC - 12
Direct Control District #13
DC - 13
Direct Control District #14
DC - 14
Direct Control District #15
DC - 15
Direct Control District #16
DC - 16
Direct Control District #17
DC - 17
Direct Control District #18
DC - 18
Direct Control District #19
DC - 19
Direct Control District #20
DC - 20
Direct Control District #21
DC - 21
Direct Control District #22
DC - 22
Direct Control District #23
DC - 23
Direct Control District #24
DC - 24
Direct Control District #25
DC - 25
Direct Control District #26
DC - 26
W h e a t l a n d C o u n t y L a n d U s e B y l a w 2 0 1 6 - 0 1 5 | P a g e
DEFINITIONS
A
Abattoir is a facility that is used for the slaughtering of animals and processing of meat products. It is also
referred to as a slaughterhouse.
Accessory Building / Structure means a detached building or structure, the use of which is incidental or
subordinate to the use of the principle building which is located on the same parcel but in no instance shall be
used as a temporary or permanent dwelling unit.
Accessory Use means a use that is coincidentally or normally incidental, subordinate and exclusively devoted
to the principal use or building on a parcel and located on the same parcel.
Act means the Municipal Government Act R.S.A. 2000 Chapter M-26, as amended.
Adjacent means land that is contiguous to the lot that is the subject of an application for subdivision, re-
designation or development. It includes land or a portion of land that would be contiguous if not for a public
road, railway, reserve land, utility right-of-way, river or stream.
Agricultural Building / Structure See Farm Building
Agricultural Operation means an agricultural operation as defined in the Agricultural Operation Practices Act
(AOPA). These are agricultural activities conducted on agricultural land for gain or reward or in the hope or
expectation of gain or rewards and includes:
a) The cultivation of land;
b) The raising of livestock, including game-production animals within the meaning of the "Livestock
Industry Diversification Act" and poultry;
c) The raising of fur-bearing animals, fowl, pheasants or fish;
d) The production of agricultural field crops;
e) The production of fruit, vegetables, sod, trees, shrubs and other specialty horticultural crops;
f)
The production of eggs and milk;
g) The production of honey (apiaries);
h) The operation of agricultural machinery and equipment, including irrigation pumps on site;
i)
The application of fertilizers, insecticides, fungicides and herbicides, including application by ground
and aerial spraying, for agricultural purposes;
j)
The collection, transportation, storage, application, use, transfer and disposal of manure; and
k) The abandonment and reclamation of confined feeding operations and manure storage facilities.
A Cannabis Production Facility and Cannabis Cultivation are excluded from this use.
Preamble
This section of the Bylaw establishes the definitions of terms used in this Bylaw and in regards
to land use, subdivision and development within the County.
Note: The text contained within this box does not form part of this Bylaw and is only provided
as context for the reader.
W h e a t l a n d C o u n t y L a n d U s e B y l a w 2 0 1 6 - 0 1 6 | P a g e
Agricultural Processing - Major means a large scale business operation that includes the use of land
and/or a building for the upgrading of a product for distribution or sale that was originally produced in an
agricultural operation. Due to the large scale nature of the business, the agricultural products may be
produced onsite or offsite. An Agricultural Processing - Major operation may produce some offsite impacts
such as noise, appearance, or odour. A Cannabis Production Facility and Cannabis Cultivation are excluded
from this use.
Agricultural Processing - Minor means a small scale value added agricultural operation that includes the
use of land and/or a building for the upgrading of a product for distribution or sale that was originally produced
in an agricultural operation. These minor operations are intended to primarily use agricultural products which
are produced onsite. An Agricultural Processing - Minor operation should not produce any offsite impacts. A
Cannabis Production Facility and Cannabis Cultivation are excluded from this use.
Agricultural Support Services means development providing products or services directly related to the
agricultural industry. This use would include the sale and storage of seed, saddlery, feed, fertilizer, chemical
products, fuel, and agricultural machinery.
Agri-Tourism Business means a use, accessory to the principal agricultural use, that brings additional
visitors to an agricultural parcel over and above the site visits generated by the principal agricultural
activity(ies). This use is seasonal in nature and includes facilities for the retail sales of agricultural products on
the same site as where the product is produced and/or, the use of features or facilities located on the land.
Examples may include a corn maze, petting zoo, informational centre related to agricultural activities, bouncy
houses, potato sack slides, mini golf, playground activities, miniature trains, pedal karts and sandboxes.
Airport Operational Facility (Aerodrome) means the development on a site for the operation of an aircraft
facility including facilities for landing / takeoff, facility maintenance, firefighting and safety equipment, offices
related to the operation of the facility, utilities, parking areas and passenger facilities. Both public and private
airstrips and operational facilities fall under this definition.
Alcohol Production means a use where beer, spirits and other alcoholic beverages are manufactured that
may have a private hospitality area where products made on the premises are provided to private groups for
tasting and consumption as a special event and are sold to the general public for consumption on the
premises and that may include the retail sale of products. Typical uses include breweries, distilleries, wineries,
and meaderies.
Animal Services means a development where domestic animals are cared for, maintained, groomed,
boarded, bred, or trained and the landowner receives compensation for such activities. This definition excludes
all livestock. Uses may include agility training facilities, animal daycare facilities, animal grooming and care,
animal shelters, animal shows for entertainment purposes, boarding facilities, breeding facilities, and private
dog parks.
Apartment See Dwelling, Multi-Unit
Approving Authority means, the authority authorized to exercise approving powers and duties on behalf of
the municipality in accordance with the Municipal Government Act and Part 3 of this Bylaw.
Apiaries See Agricultural Operation
Area Concept Plan (ACP) is a non-statutory plan, adopted by Council resolution which relates to a proposed
future development.
Area Redevelopment Plan (ARP) is a statutory plan, adopted by Bylaw which provides a long-term land use
strategy for an existing developed area.
Area Structure Plan (ASP) is a statutory plan, adopted by Bylaw which provides a long-term land use
strategy for subsequent redesignation, subdivision and development of a defined area of land (as per the Act).
W h e a t l a n d C o u n t y L a n d U s e B y l a w 2 0 1 6 - 0 1 7 | P a g e
Artisan Studio means the use of a premises for the creation and production of arts or crafts for sale to the
general public and includes, but is not limited to the small scale production of pottery, sculpture, painting,
garment makers, tailors, jewelers, shoe repair, soap or candle production and similar arts and crafts which do
not include the use of toxic or hazardous materials, result in excessive noise or require the outdoor storage of
materials.
Auction Mart means a building or lands or portion thereof used for the storage of goods, equipment,
livestock or other animals, which are to be sold on the premises by auction and for the sale of the said goods,
equipment, livestock or other animals, by auction on a regular basis. Auction Mart includes both auctions for
livestock and those for goods and equipment.
Automotive and Equipment Services means development used for the rental, lease, sale, storage, service,
restoration and/or mechanical repair of automobiles, farm equipment, trucks, trailers, motor-cycles,
snowmobiles, tent trailers, boats or recreational vehicles. Uses and facilities would also include transmission
shops, muffler shops, auto body paint and repair facilities and fleet services.
B
Backyard Coop means a fully enclosed weatherproof structure and attached outdoor enclosure used for the
keeping of Backyard Hens that is no larger than 10 m² (107.64 ft²) in floor area, and no more than 2.5 m
(8.20 ft) in height, located in the Rear Yard of a property. Backyard Coop does not mean Farm Building. See
Backyard Hens and Special Use Regulations.
Backyard Hens mean domesticated female chickens that are maintained within a Coop at all times.
Backyard Hens does not mean Livestock or Agricultural Operation. See Backyard Coop and Special Use
Regulations.
Backyard Beehive means beekeeping equipment inhabited by live honeybees that includes a bottom board
and cover for personal use. A maximum of 1 Backyard Beehive, containing no more than four (4) Supers (see
Backyard Beehive Super definition), that is located in the Rear Yard of a lot. The entrance to a Backyard
Beehive is directed away from adjacent residential properties. Backyard Hives does not mean Livestock or
Agricultural Operation.
Backyard Beehive Super means a beehive box which holds beehive frames used for storing brood or storing
honey.
Basement means that portion of a building that is located wholly or partially below grade, but which has 0.6
m (2.0 ft) of its height from finished floor to finished ceiling above grade.
Basement Suite see Dwelling, Secondary Suite
Bed and Breakfast means a Dwelling, Single Detached which provides short-term lodging, to members of
the general public for compensation with no more than four commercial units. This use class does not include
motel, hotel or boarding houses. See Bed and Breakfast Section for information.
Board means the Subdivision and Development Appeal Board (SDAB) of the County or the Municipal
Government Board (MGB) as per the Act.
Boarding House means any dwelling unit providing sleeping rooms for compensation (rent/lease) on a
permanent or semi-permanent basis. Use of a common kitchen may be permitted or, meals may be provided
for as part of the remuneration agreement with the building owner. Cooking / or preparing of food within the
sleeping rooms or any other areas is prohibited. This use class does not include motel, bed and breakfast or
hotel.
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Buffer means a row of trees, shrubs, or a berm, the construction of a fence or other barrier and/or the use of
land to create a visual screen and/or noise and nuisance attenuation for separation between sites, districts,
roadways and differing uses.
Buildable Area means the minimum area required on a lot to ensure there is adequate space for the building
site, water well and sewage disposal system after setback requirements from the County, relevant agencies,
provincial policies and any other required setbacks are taken into account. See Buildable Area Section for
more information.
Building is defined as a relatively permanent enclosed structure over a plot of land, having a roof and usually
windows used for activities ranging from residential dwelling to commercial or industrial operation.
Building Grade means the ground elevation established for the purpose of regulating the number of stories
and the height of the building. The building grade shall be the level adjacent to the walls of the building if the
finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the
elevation of the ground for each face of the building.
Building Height means the vertical distance between the highest building grade to the peak of the roof.
Bylaw means the current approved Land Use Bylaw for Wheatland County.
C
Campground (Major) means development of land (public and private ownership) for the short or long-term
use of holiday trailers, motor homes, tents, campers and similar recreational vehicles. Campground (major)
may include facilities such as a central office, washrooms, cooking facilities and retail establishments for the
sale of convenience items. See Campgrounds Section for more information.
Campground (Minor) means development of land for the short-term use of holiday trailers, motor homes,
tents, campers and similar recreational vehicles. See Campgrounds Section for more information.
Cannabis means a cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis plant seeds
and any other substance defined as cannabis in the Cannabis Act (Canada) and its regulations, as amended
from time to time and includes edible products that contain cannabis.
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Cannabis Accessory means cannabis accessory as defined in the Cannabis Act (Canada) and its
regulations, as amended from time to time.
Cannabis Cultivation means the use of land, buildings or structures for the purpose of growing cannabis
under authorization by license pursuant to the Cannabis Regulations - SOR/2018-144, or any successor or
replacement legislation or regulation which may be enacted in substitution thereof.
Cannabis Production Facility means the use of land, buildings or structures for purposes of growing,
producing, processing, labelling and packaging, testing, researching, destroying, storing or transporting
cannabis under authorization by license pursuant to the Cannabis Regulations - SOR/2018-144, or any
successor or replacement legislation or regulation which may be enacted in substitution thereof. See Cannabis
Production Facility Section and Cannabis Cultivation Section for more information.
Cannabis Store means a retail store that is licensed by the Province of Alberta for the sale of Cannabis for
consumption off the premises and may include the ancillary retail sale of Cannabis Accessories;
Carport means a roofed structure used for parking or storing of private vehicles which is partially open and
unobstructed. A carport is considered an accessory building and must be constructed in accordance with the
Accessory Buildings / Structures Section of this Bylaw.
Car Wash means a building or structure for the operation of automobile washing. This may include wand-
washing facilities or a drive-through car wash.
Casino means a facility licensed by the Province of Alberta for patrons to participate in gaming opportunities
as the principal use, and includes a bingo hall.
Cemetery means land that is used as a place for the internment of the deceased or in which human bodies,
pets and/or animals or cremated remains have been buried. It may include facilities such as columbarium's,
mausoleums, memorial parks and burial grounds.
Child Care Facility means the use of a building or portion thereof for the provision of care, maintenance,
instruction or supervision of seven or more children under the age of 13 years, by persons other than one
related by blood or marriage, for periods not exceeding 24 consecutive hours and includes all day-care centers,
early childhood services, nurseries and after-school or baby-sitting programs which meet this definition. A
license is required under the Child Care Licensing Act to operate a child care program.
Church See Worship Facility
Clustered Farm Dwellings See Dwelling, Clustered Farm.
Columbarium See Cemetery
Commercial Storage means a self-contained building or group of buildings containing lockers, storage pods,
containers or rooms available for rent for the storage of personal goods. It can also be defined as a facility
used exclusively to store bulk goods of a non-hazardous nature. Dangerous or hazardous materials, derelict
vehicles or parts thereof, or waste material are not included in this definition.
Common Property means all land within a Condominium Plan that is owned by the Condominium
Corporation and not an individual unit.
Community Building and Facility means development for social gatherings, club meetings or multi-
purpose uses primarily intended for local community purposes. Typical facilities would include but are not
limited to community halls and community centres.
Community Recreational Facility means a development providing facilities that are available to the public
for sports and recreational activities conducted indoors and/or outdoors. Typical uses include indoor/outdoor
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swimming pools, gymnasiums, sports fields, outdoor tennis courts, ice surfaces or rinks, athletic fields, riding
stables and fitness trails.
Composting Facility means a development used to collect and process organic matter into compost. Such a
facility may include the storage of uncomposted organic matter, sorting and packaging facilities and sales of
compost.
Concept Plan See Area Concept Plan
Condominium means a building, or group of buildings, in which units are owned individually, and the
structure, common areas and facilities are owned by the owners on a proportional undivided basis. See
Section 8.3 for rules and regulations on condominium development.
Condominium, Bareland means a condominium in which the units are defined in relation to the land rather
than in relation to a structure, created specifically through subdivision and registered as a condominium plan
in accordance with the Condominium Property Act, RSA 2000, c.C-22.
Condominium, Strata means a strata plan that is imposed on a larger freehold plan, and represents a
layered subdivision of title. The plan consists of strata lots, common property and common assets.
Condominium Unit, Bareland means a bareland unit as defined in the Condominium Property Act, RSA
2000, c.C-22.
Condominium Unit means:
a) In the case of a building, a space that is situated within a building and described as a unit in a
condominium plan by reference to floors, walls and ceilings within the building; and
b) In the case other than that of a building, land that is situated within a lot described as a unit in a
condominium plan by reference to boundaries governed by monuments placed pursuant to the
provisions of the Surveys Act respecting subdivision surveys.
Confined Feeding Operation means an activity on land that is fenced or enclosed or within buildings where
livestock is confined for the purpose of growing, sustaining, finishing or breeding by means other than grazing
and required registration or approval under the conditions set forth in the Agricultural Operation Practices Act
(AOPA) through the Natural Resources Conservation Board (NRCB).
Contractor Service means premises used for the provision of building and road construction services
including landscaping, concrete, electrical, excavation, drilling, heating and plumbing or similar services of a
construction nature which require on-site storage and warehouse space. Any sales, display, office or technical
support service areas shall be accessory to the principal contractor services only.
Convenience Store is a retail store in which articles for sale are limited to basic food items such as milk,
bread, canned goods, ice cream, snacks and candy, and meat. It may also include the limited sale of
magazines, books and records, video rentals, housewares, toiletries, stationary and tobacco products. The sale
of Cannabis is excluded from this use.
Council means the elected Council of Wheatland County.
Councillor means one of the elected officials of the Council of Wheatland County.
County means Wheatland County.
Crematorium means an establishment with one or more cremation chambers used only for the reduction of
the human body and/or animal bodies to ashes by heat and where funeral services will not be permitted to be
conducted.
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Crown Land means land of the Crown (provincially and federally-owned) that includes the bed and shores of
all permanent and naturally-occurring water bodies and water courses.
Cultural Facilities means development for the display, collection and storage of artistic, musical, historical
and literary reference materials. It may also include buildings used for live theatrical, musical or dance
performances. Facilities that would fall under this definition include museums, libraries, art galleries,
auditoriums, amphitheaters, concert halls and theatres.
D
Dam See Utility Services, Major Infrastructure.
Day Home means when a dwelling is used to provide for the care and supervision of six or fewer children
under the age of thirteen for a fee, by a person who resides in the dwelling unit, for less than twenty-four (24)
consecutive hours in each day that the business is operating, and is intended to be operated least 12
consecutive weeks per year.
Deck means an unenclosed amenity area or platform built of concrete, brick, wood or other materials and
constructed on piers or a foundation above grade that may be attached to a dwelling and is intended for the
purpose of outdoor dining, lounging, and other similar accessory uses. See Development Permit Not Required
Section for more information.
Developer is defined as an individual(s), corporation or other form of organization that obtains or seeks to
obtain improvements to a property through land use redesignation changes, subdivision and/or through
development as defined in the Act. This term is typically used for the landowner of the subject property, but
may be applicable in other instances.
Development is defined as the following according to the Act as:
a) An excavation or stockpile or the creation of either of them;
b) A building or an addition to, or replacement or repair of a building and the construction or placing in,
on, over or under land of any of them;
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 land or building; or
d) A change in the intensity of use of land or a building or an act done in relation to land or a building that
results in or is likely to result in a change in the intensity of use of the land or building.
Development Agreement means a legally binding contract between a developer and the County outlining
the obligations of the developer with respect to a specific development.
Development Authority means the development authority provided by Council, the Development Officer(s),
Planners and the Municipal Planning Commission from time to time pursuant to the Act to exercise
development powers and duties on behalf of the County. See Development Authority Section for more
information.
Development Permit is a document which may include conditions, issued pursuant to this Bylaw authorizing
a development.
Direct Control means a land use designation where Council or, where Council has delegated the authority,
another Development Authority exercises particular control over the use and development of land or buildings,
in accordance with the Act.
Discretionary Use means a use which may be approved by the Development Authority at its discretion.
Unless otherwise stated within this Bylaw, all Discretionary Use applications are decided by the Municipal
Planning Commission.
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Drinking and Eating Establishment means an establishment, licensed by the Alberta Gaming and Liquor
Commission (AGLC), in which alcoholic beverages are served for a fee for consumption on the premises, and
any preparation or serving of food is accessory thereto, and includes a licensed lounge that is ancillary to a
restaurant.
Dugout means the excavation of land that results in man-made features that entrap water for general
agricultural purposes, but does not include ornamental ponds, stormwater ponds, private lakes or sewage
lagoons. A dugout is classified as having a depth of at least 1.0 m (3.28 ft). All water bodies that have a depth
of less than 1.0 m (3.28 ft) may be considered an ornamental pond for landscaping purposes. Dugouts shall
be in conformance with provincial legislation.
Dwelling, Accessory means a detached dwelling unit that is located on the same parcel as a Dwelling,
Primary and is considered accessory and subordinate to that primary dwelling. Only one Dwelling, Accessory is
permitted per lot. Dwelling, Relocatable Industrial Accommodations (Eg: camp shacks) in whole or in part are
excluded from this use.
Dwelling, Clustered Farm means three or more dwelling units which are located on farm land where the
dwellings shall be occupied by persons who are employed full time (for at least six months of the year) in
agricultural operations on the farm upon which the dwellings are located.
Dwelling, Employee means a dwelling unit that is an accessory use, intended for occupation by an employee
of the principal use, such as a caretaker, manager, or watchman. It cannot be rented out to a non-employee of
the principal use which is an industrial or commercial business. If a Dwelling, Employee is a Manufactured,
Moved-On or Modular Dwelling, the applicable regulations of that particular dwelling type shall apply.
Dwelling, Duplex means a building containing two dwelling units, with one above the other, and having
separate entrances to each dwelling unit. This use does not include Dwelling, Manufactured, Dwelling, Modular
or Dwelling, Relocatable Industrial Accommodations (Eg: camp shacks) in whole or in part.
Illustration: Dwelling, Duplex
Dwelling, Fourplex means a building containing four dwelling units. These dwelling units are situated in a
building that is a maximum of two storey's exclusive of basement, with either one or two complete walls in
common with adjoining units or an independent entrance, either directly from the exterior or through a
vestibule. This use does not include Dwelling, Manufactured, Dwelling, Modular or Dwelling, Relocatable
Industrial Accommodations (Eg: camp shacks) in whole or in part.
Illustration: Dwelling, Fourplex
Dwelling, Manufactured 1 means a prefabricated, transportable single or multiple section dwelling unit that
conforms to CSA A277 certified standards at time of manufacture. It is ready for residential occupancy upon
completion of setup in accordance with required factory recommended installation instructions. The home is
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typically transported to a site on its own chassis and wheel system or on a flatbed truck. Dwelling, Relocatable
Industrial Accommodations (Eg: camp shacks) in whole or in part are excluded from this use. See Dwelling,
Manufactured Special Use Regulations.
Dwelling, Manufactured 2 means a prefabricated, transportable single or multiple section dwelling unit that
has been previously occupied as a dwelling and is in a good state of repair (to the satisfaction of the
Development Authority); and constructed after 1976 to the Canadian Standards Association (CSA) or other
applicable standard of the day. See Dwelling, Manufactured Special Use Regulations.
Dwelling, Modular means a residential building containing one dwelling unit built in a factory in one or more
sections, suitable for long term occupancy, and designed to be transported to a suitable site. Modular
Dwellings must conform to CSA A277 standards and have a minimum floor area length to width ratio of 3:1.
This definition also includes Ready-to-move (RTM) dwellings. Dwelling, Relocatable Industrial Accommodations
(Eg: camp shacks) in whole or in part are excluded from this use. See Dwelling, Modular Section for more
information.
Dwelling, Moved On means a Dwelling, Single Detached that has previously been used as a residence that
has now been relocated to a new parcel for the purpose of a Dwelling, Single Detached. Dwelling, Relocatable
Industrial Accommodations (Eg: camp shacks) in whole or in part are excluded from this use. See Dwelling,
Moved On Section for more information.
Dwelling, Multi-Unit means a residential building containing three or more dwelling units separated by
common walls and two or more stories in height. Each dwelling unit has at least one separate entrance with at
least one dwelling unit situated fully within the second floor of the building. This use does not include Dwelling,
Manufactured, Dwelling, Modular or Dwelling, Relocatable Industrial Accommodations (Eg: campshacks) in
whole or in part.
Illustration 2-4 - Dwelling, Multi-Unit
Illustration: Dwelling, Multi-Unit
Dwelling, Ready-to-Move (RTM) See Dwelling, Modular
Dwelling, Relocatable Industrial Accommodation means a prefabricated, transportable single or
multiple section (modules) dwelling unit that conforms to CSA A277 certified standards at time of
manufacture. These units are typically used for persons working or residing at a work camp on a temporary
basis.
Dwelling, Primary (for the purpose of the Dwelling, Accessory section), Dwelling, Primary must be one of the
following types: Dwelling, Single Detached, a Dwelling Moved-On or Dwelling, Modular. It shall not be a
Dwelling Manufactured or a Dwelling, Relocatable Industrial Accommodation (Eg: camp shacks) in whole or in
part.
Dwelling, Secondary Suite means development consisting of a self-contained Dwelling Unit located within,
and accessory to, a structure in which the principle use is a Dwelling, Single Detached. A secondary suite has
cooking facilities, food preparation, sleeping and sanitary facilities which are separate from those of the
principal dwelling within the structure. A Dwelling, Secondary Suite also has a separate entrance from the
entrance of the principal dwelling either from a common indoor landing or directly from the exterior of the
structure. Dwelling, Relocatable Industrial Accommodations (Eg: camp shacks) in whole or in part are excluded
from this use. See Dwelling, Secondary Suite Section for more information.
Dwelling, Semi-Detached means a building containing two dwelling units sharing one common wall
extending from the first floor to the roof, and located side by side with each dwelling unit having at least one
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separate entrance. This use does not include Dwelling, Manufactured, Dwelling, Modular or Dwelling,
Relocatable Industrial Accommodations (Eg: camp shacks) in whole or in part.
Illustration: Dwelling, Semi-Detached
Dwelling, Single Detached means a single building which contains one Dwelling Unit with the exception of
an approved Dwelling, Secondary Suite. This does not include Dwelling, Manufactured or Dwelling, Modular. or
Dwelling, Relocatable Industrial Accommodations (Eg: camp shacks) in whole or in part.
Dwelling, Temporary means a dwelling that is used for temporary living accommodations while the primary
dwelling is being constructed on a parcel. A Dwelling, Temporary must be one of the following types: Dwelling,
Manufactured or Dwelling, Relocatable Industrial Accommodation. See Dwelling, Temporary Section for more
information.
Dwelling, Townhouse means a building divided vertically into three or more separate dwelling units, each of
which have an independent entrance. Dwelling, Townhouse is situated on one titled parcel of land. This use
does not include Dwelling, Manufactured, Dwelling, Modular or Dwelling, Relocatable Industrial
Accommodations (Eg: camp shacks) in whole or in part.
Illustration: Dwelling, Townhouse
Dwelling Unit means a self-contained building or section of a building with one kitchen/eating facility, living
room, sleeping and sanitary facilities for domestic use of one or more individuals. A dwelling unit does not
include more than one room which, due to its design, plumbing, equipment and furnishings, may be used as a
kitchen.
E
Easement means a right to use land, generally for access to other property or as a right-of-way for a public
utility.
Enforcement Officer means a Bylaw Officer appointed by the County and includes Peace Officers and the
Members of The Royal Canadian Mounted Police (R.C.M.P).
Entertainment Venue means a facility or use on a parcel for rental by individuals for compensation for
specific events. Uses may include weddings, anniversary parties, corporate parties, rodeo parties and other
functions.
Environmental Reserve is determined in accordance with the Act. Land that is undevelopable because of its
natural features or location, such as unstable slopes or flood-prone characteristics. It may contain
environmentally sensitive aspects such as a gully, ravine or coulee; or a strip of land abutting the bed and
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shore of a body of water or watercourse that a developer may be required to dedicate at the time of
subdivision. Environmental Reserve must be maintained in its natural state or used as a park.
Environmental Reserve Easement is determined in accordance with the Act and is created under Division
8 of the Act. An environmental reserve easement allows lands to remain in their natural state while the title to
the easement lands remains with land owner, but the County's easement interest is registered against title and
binds present and future land owners.
Environmentally Significant Area means
a) Areas which perform a vital environmental, ecological or hydrological function such as aquifer
recharge;
b) Areas which contain a unique geological or physiographic feature(s);
c) Areas which contain significant, rare or endangered species;
d) Areas which are unique habitats with limited representation in the region or a small remnant
of once large habitats which have virtually disappeared;
e) Areas which contain large and relatively undisturbed habitats and provide shelter habitat for
species which are intolerant of human disturbance as determined by studies prepared by a
qualified professional;
f)
Areas which contain plants, animals, or landforms which are unusual or of regional, Provincial
or national significance; and/or
g) Areas which provide an important linking function and permit the movement of wildlife over
considerable distance.
Equestrian Centre means public or private a facilities (buildings, shelters and structures) at which horses,
are exercised or trained, boarded or participate in equestrian shows, jackpots, clinics and other activities for
which the proprietor of the premises receives any form of compensation including in-kind compensation.
Patrons may include but are not limited to clients, customers, groups, or the public. This definition is not
applicable to personal/private riding arenas. See definition for Farm Building.
Essential Public Service means a development that is necessary for the continued health, safety and/or
welfare of the residents of the County. This includes, but is not limited to, fire stations, post offices, police
stations, emergency medical stations, hospitals, buildings and structures essential to the
operation/maintenance of public utilities, and infrastructure.
Exempt means development that does not require a Development Permit if it meets all requirements of this
Bylaw.
Extensive Agricultural Pursuits means a system of tillage and animal husbandry, through which one may
gain livelihood from large areas of land by the raising of crops or the rearing of livestock either separately or in
conjunction with one another in unified operation. It includes buildings and other structures incidental to the
operation.
F
Farm Animal means an animal which has normally or historically been kept and raised on farms. Some
examples include any species of cattle, sheep, swine, goats, llamas, horses or fowl.
Farm Building means a building exclusively used for the housing of livestock, the storage and repair of farm
machinery, the storage of farm produce or the storage of feed for livestock. This includes personal riding
arenas that are not for commercial or public use.
Farm Gate Sales means the sale of farm products which are produced on the same parcel of land from
which the intended sales take place. This is limited solely to the sale of perishable goods. An example would
include a fruit stand on the side of a road where the landowner is selling fruit from their garden.
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Farm Help means a person who is engaged on a full time basis (35-40 hours per week) for at least six
months each year in an agricultural operation on agricultural lands.
Farmers Market means a market which has a primary use of selling goods produced in farming operations
within the County or neighboring municipalities. A farmers market should operate on a regular, but temporary
basis and can include the use of a building, structure, lot, portable washrooms and displays for the purpose of
selling any or all of the following: produce, meat, fish, seafood, grains, flowers and crafts. A farmers market
may also include temporary retail of other goods and the sale of food to be consumed within the premises of
the farmers market. The sale of Cannabis is excluded from this use.
Fence means a physical barrier constructed to prevent unauthorized access, provide sound attenuation,
delineate property boundaries, control animal movements or minimize sightlines.
Financial Institution means a service related to investment and/or money management. This definition
could be used to describe a bank, trust company, investment dealer, credit union, mortgage broker or related
business.
Fitness Centre means a private establishment where equipment or instruction is provided for people to
pursue physical fitness or skills relating to physical activities, and that may include the incidental sale of
products relating to the service provided. An example would include a private gym where membership is for
sale for a particular cost.
First Parcel Out means a single parcel created from a previously unsubdivided quarter section of land.
Flood Hazard Area means the total area flooded by a 1:100 year flood as determined by the Province of
Alberta. It is usually divided into floodway and flood fringe zones.
Illustration - Flood Hazard Area
Flood Fringe means land where floodwater is generally shallower and flows more slowly than in the floodway.
Flood fringe is the outer portion of the flood hazard area as determined by the Province of Alberta.
Flood Proofing means a design, manner of construction or siting of buildings or structures for the purpose of
preventing damage by floods of a specified magnitude.
Floodway means the portion of the flood hazard area where flows are deepest, fastest and most destructive.
Food and Beverage Production means a commercial facility in which food and/or beverage products are
manufactured/produced or otherwise prepared for human consumption, but not consumed on the premises.
This may include a retail component that is accessory to the principal use. Typical uses may include pre-
packaged foods, water bottling and catering facilities. This does not include a Restaurant or Drinking & Eating
establishment, or the sale of Cannabis.
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Foundation means the lower portion of a building, usually concrete, masonry, or preserved wood and
includes footings that transfer the weight of, and loads on, a building to the ground.
Frontage means the lineal distance measured along the front lot line. On corner lots, all sides of a lot
adjacent to a road or highway shall be considered frontage.
Funeral Home means a business establishment where the deceased are prepared for burial or cremation,
and where funeral services can be held.
G
Garage means an accessory building that is used primarily for the storage of motor vehicles. A garage does
not include a farm building. See definition for Accessory Building / Structure if the garage is not part of a
principal dwelling. If the garage is attached to the principal dwelling, it is considered a part of the principal
dwelling and not a separate use.
Gazebo means a freestanding roof structure typically open on the sides. See definition for Accessory Building
/ Structure
Golf Course means the golf course, accessory buildings and club house related to the playing of the game of
golf. Additional uses within this definition may include pro shop, restaurant, licensed dining area or lounge,
driving range and picnic area.
Gravel Pit See Natural Resource Extraction / Processing
Greenhouse, Private means a building specially designed and used for the growing of vegetables, flowers, or
other plants for personal use. It does not involve a wholesale or retail component. A Cannabis Production
Facility and Cannabis Cultivation are excluded from this use.
Greenhouse, Public means a building specially designed and used for the growing of vegetables, flowers or
other plants for transplanting or sale to the public. This use includes wholesale distribution to locations off-site
as well as on-site commercial/retail sales may include an area for display and sale of goods or products raised
on site. A cannabis facility is excluded from this use. A Cannabis Production Facility, the sale of Cannabis and
Cannabis Cultivation are excluded from this use.
Gross Floor Area means the total livable area of all floors of a building, excluding the area of basement floors
and enclosed decks and attached garages.
H
Hamlet means an unincorporated community or area of the County designated as a "hamlet" by Council in
accordance with the Act.
Hazardous Industry means an operation where the product or the means or materials used in the
manufacturing and/or storage or distribution of a product have an elevated risk level due to combustibility,
health hazards, potential for environmental contamination or other risk factors. This includes, but may not be
limited to the following:
a) Bulk Oil Plants
b) Cement Plants
c) Bulk Fuel, Fertilizer and building material
d) Explosive or Combustible Material Plants
e) Ammonia Storage
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Height of Bank means the vertical distance from the top of bank to the toe of slope where there is a terrace
adjacent to a watercourse or from the top of bank to the edge of water at normal summer water elevation,
when the grade of the slope from the top of bank to the edge of water or toe of slope is greater than 15%. See
Toe of Slope and Top of Bank Diagram for more information.
Highway means a provincial highway pursuant to the Highways Development and Protection Act, S.A. 2004
Chapter H-8.5
Home-Based Business means the use of a dwelling and its accessory buildings or lands by the occupant for
the purpose of carrying out a business, trade, or craft to provide goods or services to the general public. The
home occupation must be secondary to the residential use of the parcel.
Home-Based Business, Type 1 (Exempt) means a business / home-office that may be operated within the
residential dwelling or accessory building (such as a garage) by a person who occupies the dwelling and does
not create any impacts outside the dwelling where the occupation is conducted. See Home-Based Business
Section for more information.
Home-Based Business, Type 2 means the secondary use of a dwelling and accessory building by an
occupant of the residential dwelling to conduct an activity that may generate minimal business-related visits.
See Home-Based Business Section for more information.
Home-Based Business, Type 3 means the secondary use of a dwelling and accessory building by an
occupant of the residential dwelling to conduct an activity that will generate daily business-related visits. See
See Home-Based Business Section for more information.
Hotel means a building which provides temporary sleeping accommodation for which there is a fee charged
and which may also contain commercial uses and such additional facilities or services as a restaurant, a dining
room, room service, convention rooms, amenity spaces and pools. This use class does not include motel, bed
and breakfast or boarding houses.
Home Sales Center means a temporary structure used for the sale of homes in a subdivision within an
approved Area Structure Plan. It does not include structures on an axle. It is for commercial purposes and not
to be used as a residential dwelling.
I
Impervious Surface means a material through which liquid substances cannot pass. Examples include, (but
are not limited to) roofing materials, asphalt, concrete, brick, paving, compacted gravel, and lined and/or clay
based storm water ponds.
Impervious Surface Cover See Lot Coverage.
Industrial, Heavy means the use of land, buildings and/or structures for an industrial activity that creates
significant adverse impacts beyond the boundaries of the site for which the associated activity takes place due
to appearance, emission of contaminants, noise, odor, traffic volume, fire, explosive hazards or dangerous
goods. Characteristics of Industrial, Heavy may include:
a) Moderate to extensive open storage or stockpiling of raw materials, vehicles and machinery that may
be partly or wholly visible off the site
b) Significant noise in the general operations of the use
c) Potential exposure of the environment to chemicals and other forms of pollution from the general
operations of the use
d) Hazardous Industry
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Industrial, Light means the use of land, buildings and/or structures for an industrial activity that creates no
adverse impacts beyond the boundaries of the site for which the associated activity takes place due to
appearance, emission of contaminants, noise, traffic volume, odor and fire. The activities and uses are carried
on within an enclosed building. Characteristics of Industrial, Light:
a) No open storage is permitted
b) May have a retail or wholesale component that is subordinate to the principal use
c) Nuisance factors do not extend outside of an enclosed building
d) No hazardous industry present
Industrial, Medium means the use of land, buildings and/or structures for an industrial activity that creates
adverse impacts beyond the boundaries of the site for which the associated activity takes place due to
appearance, emission of contaminants, noise, traffic volume, odor, fire, explosive hazards or dangerous goods.
Characteristics of Industrial, Medium may include:
a) Light to moderate open storage
b) May have a retail or wholesale component that is subordinate to the principal use
c) Moderate nuisance factors may extend past the boundaries of the site
d) Moderate hazardous industry present
Internal Subdivision Road means a public roadway providing access to lots within a multi-lot subdivision.
L
Landscaping means the beautification and aesthetic improvements of a site through the following elements:
a) Soft landscaping consisting of grasses, trees, shrubs, mulch, plantings and other forms of ground
cover;
b) Hard landscaping consisting of non-vegetative materials such as gravels, rocks, tile, woods, berms,
bricks and water features.
Lane means a public thoroughfare with a right-of-way which provides a secondary means of vehicle access
from the rear or side of a Lot or Lots.
Laundromat / Dry Cleaning means a self-serve clothes washing establishment containing one or more
washing and drying, ironing, finishing or other incidental equipment. This definition includes dry cleaning
services.
Liquor Sales means the wholesale or retail sale or distribution to the public of any and all types of alcoholic
spirits or beverages as defined by the Alberta Liquor Control Act. Liquor Sales allows for consumption on the
premises in a limited capacity such as for sampling wine, beer and liquor for promotional purposes.
Livestock means animals kept for non-domestic purposes and includes cattle, swine, small fur-bearing
animals, poultry, sheep, goats, horses, game and similar animals.
Loading Space means an off-road space on the same parcel as a building or group of buildings for the
temporary parking of a commercial vehicle to unload commodities for a business on that parcel.
Lodge See Residential Care Facility.
Lodging Facility means a dwelling unit in which the occupant rents or leases a room or suite of rooms
without cooking facilities on a short term basis to people (30 days or less), and which includes the provision of
meals as part of or in addition to the rental paid for the room. Lodging facilities access existing on-site
communal uses such as entertainment, amenities and a centralized location for guest services. This class of
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use does not include a hotel, motel or bed and breakfast. Typical uses include fishing / hunting lodges,
religious retreats, riding ranches and cabin facilities.
Lot is defined in accordance with the Act.
Lot Area means the total surface area of a Lot.
Lot Coverage means the area of a lot/parcel that is covered by buildings, structures and other impervious
surface cover. Lot coverage is measured by calculating the percentage of the entire lot/parcel that is covered
by impervious surfaces.
Illustration: Lot Coverage
Lot Grading see Stripping and Grading
M
Man-Made Water Body means made or caused by human beings ( not resulting from a natural process)
where water is collected or stored for a period of time for the purpose of irrigation, enjoyment, agriculture,
landscaping or drainage.
Market Garden means the growing of vegetables or fruit for commercial purposes. This use includes an area
for the display and sale of goods or produce grown or raised on site.
May is a discretionary term, meaning the provision in question can be enforced by the County if it chooses to
do so, dependent on the particular circumstances of the site and/or application.
Mechanical Repair Shop means a facility for the repairs and maintenance of vehicles and machinery.
Mixed-Use Apartments See Mixed-Use Building definition
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Mixed-Use Building means a building used partly for residential use and partly for commercial use. An
example of a mixed-use building would be a three-storey apartment building with commercial uses on the main
floor and dwelling units on the top two storeys. A mixed-use building has separate and defined spaces for the
residential and commercial areas. The commercial area of a mixed-use building would have its own entrance
and be completely separate from residential uses in a mixed-use building.
Mixed-Use Development means a lot or building or structures developed for two or more different uses.
These may include residential, office, manufacturing, retail, public and entertainment uses.
Mobile Home See Dwelling, Manufactured.
Motel means a development that is used to serve travellers for temporary lodging and each room or suite has
its own exterior access. The motel may contain an accessory eating establishment. This use class does not
include hotels, bed and breakfasts or boarding houses.
Motor Vehicle means a motor vehicle that, at the point of its original manufacture, meets the definition as
defined in the Traffic Safety Act.
Municipal Planning Commission (MPC) means the Municipal Planning Commission established under
Division 3 of the Act.
Municipal Development Plan (MDP) means a statutory plan adopted by Council as a municipal
development plan in accordance with the Act.
Municipal Government Act (MGA) means the Municipal Government Act as adopted by the Province of
Alberta.
Must is a directive term that indicates the actions outlined are mandatory and therefore must be complied
with, without discretion, by Administration, the developer, and the Development Authority.
N
Natural Resource Extraction / Processing means development for the removal, extraction, excavation,
stock piling, processing and transmission of raw materials off the subject property for ongoing commercial
purposes. Resources and raw materials may include peat, sand, silt, shale, gravel, clay, marl, limestone,
gypsum, other minerals precious or semi-precious, timber and coal. Facilities and uses that would be typical
include gravel pits (and associated crushing operations), sand pits, clay or peat extraction, stripping of topsoil,
sawmills and related timber/wood processing. See Natural Resource Extraction / Processing District for more
information.
Non-Conforming Building means a building (as per the MGA):
a) That is lawfully constructed or lawfully under construction at the date a land use bylaw affecting the
building or the land on which the building is situated becomes effective, and
b) That on the date the land use bylaw becomes effective does not, or when constructed will not, comply
with the land use bylaw.
Non-Conforming Use means a lawful specific use:
a) Being made of land or a building or intended to be made of a building lawfully under construction at
the date a land use bylaw affecting the land or building becomes effective, and
b) That on the date the land use bylaw becomes effective does not, or in the case of a building under
construction will not, comply with the land use bylaw.
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Nuisance means anything that is obnoxious, offensive or interferes with the use or enjoyment of property,
endangers personal health and safety, or is offensive to the senses. This could include that which creates or is
liable to create a nuisance through emission of noise, smoke, dust, odour, heat, light, fumes, vibration, fire or
explosive hazard; results in the unsightly or unsafe storage of goods, salvage junk, waste or other material; or
poses a hazard to health and safety.
Nursery means the growing of trees, shrubs or other plants (not fruit or vegetables) for commercial purposes.
This use includes an area for the display and sale of goods or product grown or raised on site. Cannabis
Cultivation is excluded from this use.
O
Office means an enclosed building or set of buildings to house the administrative activities of an operation
that are primarily of a management, administrative, consulting or financial services purpose. Typical uses
would include the offices of lawyers, accountants, engineers, architects and real estate, insurance, clerical,
secretarial, telephone answering and office support services.
Ornamental Pond means a man-made water feature created for aesthetic purposes as a component of a
lot's landscaping. All water bodies that have a constructed depth of less than 1.0 m (3.28 ft) may be
considered an ornamental pond. It is not to be used for stormwater management purposes. See Man-Made
Water Bodies Section for more information.
Outdoor Café means a facility where food and/or beverages are served or offered for sale for consumption
on or within a portion or portions of such facility that are not contained within a fully enclosed building.
Outdoor Storage means the storage of vehicles, equipment, goods, chattels, machinery, raw or processed
materials outside of any building or structure.
Owner (as per the Act) means:
a) In respect to unpatented land, the Crown
b) In respect of other land, the person who is registered under the Land Titles Act as the owner of the fee
simple estate in the land, and
c) In respect of any property other than land, the person in lawful possession of it.
P
Parcel See Lot definition as per the Act.
Parcel Size means the total measurable area of a lot as noted on the Certificate of Title.
Parking means an area of land which is provided and maintained upon the same lot or lots upon which the
principal use is located for the purpose of storing motor vehicles, recreational vehicles or trailers for
transportation of freight.
Parking Stall means a single space set aside for the parking of one motor vehicle.
Parks Minor means land developed for public recreational activities that are low intensity, do not require
major buildings or facilities, and produce minimal traffic or noise impacts. Typical uses and features may
include but not be limited to tot lots, open grassed areas, picnic areas, playgrounds, pedestrian and bicycle
paths, natural and man-made landscaping and public washrooms. A broad range of uses may be applied for as
permitted accessory buildings/uses including small buildings, additions to playgrounds or low intensity sports
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equipment which serve park users and are compatible with park objectives. If the addition of multiple
accessory uses produces a potentially larger impact over time, a Parks, Major permit may be required.
Parks Major means land developed for public recreational activities that may have a greater impact to the
lands or community due to the size of the development or intensity of use. Uses may include larger buildings,
facilities, or outdoor amenities for passive or active recreation that have the potential to produce occasional
offsite impacts such as noise or traffic. Typical uses and features may include but not be limited to children's
water parks, dog parks, outdoor sports courts, band shells, interpretive centers, wildlife sanctuaries, large
picnic areas, and includes natural and man-made landscaping. A broad range of uses may be applied for as
permitted accessory buildings/uses including additional buildings, or commercial uses such as refreshment
kiosks, which serve park users and are compatible with park objectives.
Pawn Shop means an establishment used for the retail sale of second-hand household goods, including the
refurbishing and repair of the goods being sold. Typical uses include, but are not limited to the resale of items
such as antiques, bicycles, furniture, appliances, clothing, jewellery, stereos and musical instruments. It does
not include the sale of used vehicles, construction and industrial equipment, flea markets or auctioneering
establishments.
Pergola means a garden feature forming a shaded walk or passageway of pillars that support cross-beams
and a sturdy open lattice. As per the Bylaw, a pergola is defined as an accessory building / structure if it is
attached to the principal building. If the Pergola is detached, it is defined as a deck. See Accessory Building /
Structure
Permitted Use means the use of land or a building provided for in this Bylaw for which a Development Permit
shall be issued with or without conditions by the Development Authority, unless Exempt under this Bylaw.
Principal Building means a building which:
a) occupies the major or central portion of a site;
b) is the chief or main building among one or more buildings on the site; and
c) is the primary purpose for which the site is used.
Private Amenity Space means development of private open space reserved for private uses, for active or
passive recreational use and includes landscaping, facilities, playing fields, building or structures that are
consistent with the general purpose of private amenity space. The associated recreational facilities are
privately owned, operated and maintained by a landowner, a homeowners association, condominium
association or community association.
Public Market See Farmers Market
Q
Qualified Professional means an individual who has specialized knowledge of a particular subject area and
is licensed to practice in the Province of Alberta under a professional designation. Examples of qualified
professionals include, but are not limited to Agrologists, Architects, Engineers, Geologists, Hydrologists,
Landscape Architects and Surveyors.
R
Rail Spur means a secondary track that branches off from a main rail line and leads directly into a facility or
industrial site, allowing for the loading and unloading of goods and materials directly to and from railcars.
Real Property Report means a legal document prepared by a qualified professional (surveyor) that
illustrates in great detail the location of significant visible improvements relative to property boundaries that
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takes the form of a plan or illustration of the various physical features of the property, including a written
statement detailing the surveyor's opinion or concerns.
Recreational, Major means a development of high intensity and business/commercial in nature. Typical
uses include, but are not limited to a golf course, race track, fair grounds (rodeo grounds), guest ranch, sports
camp, indoor ice arena, curling rink, amusement park.
Recreational, Minor means a development that caters to recreational or amusement activities of a
business/commercial nature. Typical uses include, but are not limited to miniature golf, amusement and
entertainment services, refreshment kiosk and golf driving range.
Recreational Vehicle means a portable fabrication to be carried on a vehicle or to be transported on its own
wheels and which is intended to provide temporary living accommodations for travel and recreational
purposes. It includes vehicles such as a motor home, a camper, a travel trailer or a tent trailer, but does not
include a mobile home, shipping container or any vehicle or trailer over eight (8) feet (not including slide-outs)
in width.
Recreational/Leisure Vehicle Storage means an industrial area of land set aside or otherwise defined for
the purpose of storing recreational vehicles, boats, travel trailers, campers, motor bikes, ATV's and other
leisure vehicles. No onsite occupancy, repair, or maintenance of recreational/leisure vehicles is permitted.
Recycling Facility means a site or facility where recyclable materials are collected, sorted, stored and/or
processed and packaged for future reuse or appropriate disposal. Products may also be shipped to other
facilities for further preparation for reuse or appropriate disposal. This definition does not apply to salvage
yards.
Residential Care Facility means a private or publicly funded group facility that allows for additional care-
giving services for seniors and individuals requiring special care for physical, emotional or mental disabilities.
Uses include, but are not limited to seniors home, nursing home and an extended or congregate care facility. It
may include sleeping units with or without kitchenettes, meal services, housekeeping, personal care,
transportation, pharmaceutical and recreational services. Such facilities may also contain a shared kitchen
and dining area where food and drinks may or may not be purchased for compensation.
Restaurant means an establishment where food is prepared and served on the premises for sale to the
public. Ancillary activities may include entertainment and the serving of alcoholic beverages when licensed by
the Alberta Gaming and Liquor Commission.
Retail Establishment means a development used for the retail sale of consumer goods, from within an
enclosed building, except for the sale of liquor and cannabis.
Retaining Wall means a structure constructed to withstand lateral pressure in order to hold back earth,
loose rock, or similar materials.
Riparian Areas means lands adjacent to a watercourse where the vegetation and soils show evidence of
water influencing their composition. It includes the green area around a water course and the transitional zone
between surface water and drier uplands.
S
Salvage Yard means land or buildings where motor vehicles, tires, and parts are disassembled, repaired,
and/or stored and may be sold.
School, Colony means a place of instruction in a building that is not utilized as a dwelling and located on a
farm where the students all reside on the farm. This does not include home-schooling.
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School, Post-Secondary means a place of instruction which includes, but is not limited to, colleges,
universities, art schools and trade schools.
School, Private means a place of instruction which is built primarily by non-public funds, but may be
maintained or operated with the assistance of public funds.
School, Public means a place of instruction operated with public funds pursuant to the School Act.
Screening means a fence, earth berm, hedge or trees used to visually and/or physically separate areas or
functions. See Landscaping, Fencing and Screening Section for more information.
Sea-Can See Shipping Container
Service Station means a commercial establishment for the sale of automotive fuels, lubricating oils and
associated automotive products for vehicles. It may also include services such as the minor repair of motor
vehicles and routine servicing, excluding automotive specialty and auto body and paint shop uses. Accessory
uses may include a convenience store, towing service, car wash or the sale of automotive accessories.
Servicing Standards means the County's technical requirements that govern site access, infrastructure
design, inspection, testing, construction and transfer of public works.
Setback means the perpendicular distance as measured between that part of a building nearest to the front,
side or rear property lines of a property. In the case of a setback involving a Front Yard, it means the distance
measured perpendicularly from the front property line of the lot, to the nearest point of the building.
Illustration: Setback
Sewage Lagoon means a shallow basin in which sewage or industrial waste is held long enough for some
degree of stabilization to occur. See Utility Services, Major Infrastructure. See Man-Made Water Bodies Section
for more information.
Shall is a directive term that indicates that the actions outlined are mandatory and therefore must be
complied with, without discretion.
Shelterbelt means a row or rows of plantings made up of trees and/or shrubs that are positioned in such a
manner as to provide shelter from the wind, snow and to protect soil from erosion.
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Shipping Container is a steel and/or wood structure that is portable in nature, used for storage and not on
an axle. Examples include sea-cans and moving containers.
Shooting Range, Minor means an area, building or structure that is designed or intended for the safe
discharge of firearms or archery equipment. This use only allows for the use of unrestricted firearms and does
not allow shooting ranges that utilize restricted firearms.
Shooting Range, Major means an area, building or structure that is designed or intended for the safe
discharge of firearms or archery equipment. This definition includes both unrestricted and restricted firearms.
Should is a directive term that provides direction to strive to achieve the outlined action, but is not mandatory.
When the regulation is directed to the applicant, the onus is on the applicant to justify why the desired
action/result is not proposed and/or will not be achieved.
Show Home means a permanent dwelling which is constructed for the purpose of illustrating to the public the
type or character of a dwelling or dwellings that would be able to be purchased or built in other parts of a
subdivision or development area. They may contain offices for the selling of lots or dwellings in the area and
are operated on a temporary basis (up to a maximum of 5 years).
Sign means any device or structure used for the display of advertisements, pictures and/or messages. See
Signage Section for more information.
Site means one or more lots or parcels and may include streets, lanes, walkways and any other land surface
upon which development is proposed.
Site Area means the total area of a site.
Site Coverage See Lot Coverage
Solar Facility is an installation of solar panels to collect solar energy that are stand-alone assemblies
mounted on racking on the ground. The total combined area of ground coverage is 0.40 ha (1.0 ac) or greater
and may be located on one or more parcels of land. See Specific Use Regulations for more information.
Solar Panel(s), Ground Mount means an installation of panel(s) to collect solar energy that is a stand-alone
assembly mounted on racking on or in the ground. The total combined area of ground coverage is less than
0.40 ha (1.0 ac) and may be located on one or more parcels of land. See Solar Panels, Ground Mount Section
for more information
Solar Panel(s), Structure Mount means an installation of panel(s) to collect solar energy that are mounted
on a structure such as a roof or wall and are used to service uses located on the parcel upon which the Solar
Panel(s), Structure Mount are located. See Solar Panels, Structure Mount Section for more information
Spa and Wellness Centre means a facility that may provide haircuts, hair removal, tattoos, piercing,
grooming, or general body maintenance. It also may provide services for relaxation and rejuvenation through
massage and meditation; medical and non-medical therapies and cosmetic purposes and the incidental sales
of products relating to the services provided.
Stormwater Pond means a catchment area for stormwater and surface drainage created by either
constructing an embankment or improvement and may be used for flood and downstream erosion control. See
Man-Made Water Bodies Section for more information.
Stripping and Grading means any work, operation or activity that results in a disturbance of the earth
including the removal of top soil or borrow, borrow pits, berming, excavating, trenching, backfilling, filling, re-
contouring, and, grading other than for building purposes. Stripping and grading does not include aggregate
extraction, commercial logging, tree clearing, dugouts/private dams, ornamental ponds, stormwater ponds,
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lagoons for the purpose of processing wastewater or landscaping. See Stripping and Grading Section for
further information.
Stockpile means an accumulation of goods, materials or raw materials stored outdoors in a pile-like
formation.
Subdivision and Development Appeal Board (SDAB) means the board appointed by Council in
accordance with the Act.
Subdivision Authority means the authority established by Council by bylaw to make decisions on subdivision
applications and other subdivision-related matters in accordance with the Act.
T
Telecommunication Tower means a structure that is used to convey communication, radio, or television
signals and may include other structures necessary for the carrying out of this function.
Temporary is defined for the purposes of this Bylaw as lasting for only a limited period of time and not
permanent. A time-limited Development Permit that is temporary in nature will have the maximum time period
that it is allowed to operate as a condition of that particular application. A temporary or time-limited
Development Permit may include a Home Sales Center, Entertainment Venue and Farm Gate Sales.
Toe of Slope means the transition line between the slope where the grades exceed 15% and the adjacent
lowland area where the grade is less than 15%. The Toe of Slope is determined by a qualified professional.
Top of Bank means the transition line between the slope where the grades exceed 15% and the adjacent
upland area where the grade is less than 15%. The Top of Slope is determined by a qualified professional.
Illustration: Toe of Slope & Top of Bank
Tower means a tall, narrow standalone structure that may be temporary or permanent in nature used to
facilitate a specific use such as a meteorological tower, a transmission tower, a cooling tower, etc.
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Truck Stop means the provision of facilities including a service station and restaurant for the temporary
parking of licensed tractor/trailer units. A truck stop may also include a convenience store and restaurant
facilities, and may include overnight accommodation facilities solely for the use of truck crews.
U
Utility Services, Major Infrastructure means development for public or private utility infrastructure
purposes which is likely to have a major impact on the environment or adjacent landowners due to emissions,
noise, effect, appearance and other nuisance effects. Typical facilities would include sewage treatment plants,
sewage lagoons, water treatment plants, dams, power generating stations, cooling plants, incinerators, waste
recycling plants and waste transfer sites.
Utility Services, Minor Infrastructure means the development, operation, or maintenance of public
infrastructure, including any building or accessory building used in conjunction with a particular utility or utility
service.
V
Variance means a relaxation of the requirements or regulations of this Bylaw in accordance with this Bylaw
and the Act.
Veterinary Clinic means the use of land and buildings for the medical care and treatment of animals.
W
Warehouse Storage means the use of a building primarily for the keeping of goods and merchandise.
Warehouse Sales means a facility used for the wholesale or retail sale of a limited range of goods from
within an enclosed building where the size and nature of the principal goods being sold typically requires a
large floor area for storage and display. Typical uses include, but are not limited to, sales of furniture, carpets,
major appliances, and building materials. This use does not include the retail sale of Cannabis, food or of a
broad range of goods for personal or household use.
Waste Management Facility, Major means a development used for the storage, processing, treatment
and disposal of solid and/or liquid wastes which would have adverse environmental impacts on adjacent sites
and provide a high nuisance factor. Typical uses include waste transfer / compacting stations, garbage
transfer and compacting stations, recycling facilities (not including recycling depots), incinerators and similar
uses. This use does not include a landfill.
Waste Management Facility, Minor means a development used for storing, disposing and filling of clean
clay, paving materials, waste concrete, non-noxious scrap building materials and similar non-hazardous wastes
which normally do not generate any environmental pollution or have a significant nuisance effect to adjacent
lands. This includes a dry waste site and recycling depot.
Waste Transfer Site See Utility Services, Major Infrastructure definition
Water Treatment Plant is a facility that treats water, ground water or surface water to produce potable
water for public consumption. See Utility Services, Major Infrastructure definition
Wind Energy Conversion System (WECS) Micro - means a small-scale wind turbine, which is small in
height and diameter and can be installed on the roof of a building or accessory structure, and generating
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power for the properties own needs. The total combined output is equal to or less than 0.15 megawatts (150
kilowatts). See Development Permits Not Required.
Wind Energy Conversion System (WECS) Category 1 means the process, installation of towers,
structures, or systems required to convert the power in wind, electrical, or mechanical energy, where the total
combined output is greater than 0.15 megawatt (150 kW) and less than or equal to 5000 kW (5MW). Intended
for power generation of larger farms and businesses. See Development Permits Not Required.
Wind Energy Conversion System (WECS) Category 2 means the process, installation of towers,
structures, or systems required to convert the power in wind, electrical, or mechanical energy, required for a
Business Entity with the primary purpose of energy generation and require approvals from the AUC. See the
Specific Use Regulations for more information.
Work Camp means the development of one or more buildings and related facilities that are temporary in
nature and intended to accommodate workers for the duration of a construction project or similar activity such
as mining, resource extraction or exploration. Work camps are temporary camps which are placed on a parcel
of land for a specific project contained within that parcel of land and intended to only house workers for that
project.
Worship Facility means any facility used for the purposes of spiritual worship. Examples may include, but are
not limited to churches, temples, mosques and synagogues.
Y
Yard is a required open space unoccupied and unobstructed by any building or portion of a building above the
general ground level of graded lot, unless otherwise permitted in this Bylaw.
Yard, Front means the portion of the site extending across the full width of the site from the front property
line of the site to the nearest portion of the building and shall be measured at right angles to the front property
boundary.
Yard, Rear means the portion of the site extending across the full width of the site from the rear property
boundary of the site to the nearest portion of the building and shall be measured at right angles to the rear
property boundary.
Yard, Side means the portion of the site extending from the front yard to the rear yard and lying between the
side property boundary of the site and the nearest portion of the building and shall be measured at right angles
to the side property boundary.
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Illustration - Yard Diagram
Illustration - Irregular Lot
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DUTIES OF ADMINISTRATIVE AUTHORITIES
Council
Applications which shall be referred to Council for consideration and decision shall include:
a) Any planning application for which a bylaw is required.
b) Any applications for discretionary uses within a Direct Control district unless otherwise
specified within the Direct Control district.
Development Authority
The Development Authority for the County is hereby established in accordance with Section
624 of the Municipal Government Act and consists of the following:
a) Council with respect to all Development Permit applications for Discretionary Uses within
Direct Control Districts and with respect to Development Permit applications for Permitted
Uses within Direct Control Districts which involve variance requests in excess of 10% of the
relevant numerical value, unless otherwise specified within the Direct Control District;
b) Development Officer with respect to all Development Permit applications for Permitted Uses
within all Districts, including Direct Control Districts unless otherwise specified within the
Direct Control District, where the application either complies with the Land Use Bylaw or the
variance request does not exceed 10% of the relevant numerical value.
c) Municipal Planning Commission with respect to all Development Permit applications for
Discretionary Uses and all applications for Permitted Uses which involve a variance request in
excess of 10% of the relevant numerical value within all Land Use Districts with the exception
of Direct Control Districts, unless otherwise specified within the Direct Control District, and
any other application referred to it by the Development Officer.
For the purpose of determining if a development permit application is complete or
incomplete, where the application complies with the Land Use Bylaw it will be determined
by the Development Officer.
Development Officer
The position of the Development Officer is hereby established and shall be filled by a
person(s) approved by the Chief Administrative Officer of Wheatland County. The
Development Officer shall act as the Development Authority for the County on listed
permitted uses and on Development Permit applications that require a variance or
relaxation of this Bylaw that does not exceed 10% of the relevant numerical value.
Preamble
This section of this Bylaw addresses the roles of the authorities in the land use, subdivision and
development permit approval process. It also outlines the roles of authorities in the subdivision
and development permit appeal process.
Note: The text contained within this box does not form part of this Bylaw and is only provided
as context for the reader.
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The Development Officer:
a) Shall assist and advise Council, MPC, and the public with respect to the requirements of this
Bylaw and other pertinent legislation;
b) Shall determine whether or not a Development Permit is required for a proposed
development;
c) Determine whether a Development Permit application is complete or incomplete;
d) Refer an application to any County department or any other municipal, provincial, federal or
inter-jurisdictional department or any other agency or body;
e) Be considered a designated officer for the purpose of performing site inspections and carrying
out remedial enforcement or other actions pursuant to the Act;
f)
Shall keep and maintain for the inspection of the public during office hours, a copy of this
Bylaw and any adopted statutory plans and all amendments thereto and ensure that copies of
the same are available to the public at a reasonable charge as prescribed by Council;
g) Shall keep and maintain for the inspection of the public during office hours, a register of all
applications for development including the decisions thereto and the reasons thereto;
h) Shall consider and decide upon all applications which constitute a "Permitted Use" in a land
use district that complies in all respects to the standards of that district and with all other
provisions of this Bylaw. This includes Direct Control (DC) District unless otherwise specifically
noted in a Direct Control (DC) District. The Development Officer may approve such application
with or without conditions in accordance with this Bylaw;
i)
Shall deem a proposed land use that is not listed as a permitted use but is reasonably similar
in character as the purpose to a listed permitted use in a particular district as a similar use;
j)
Shall render decisions on all Development Permit applications that require a variance or
relaxation of this Bylaw, except when variance requests exceed 10%. A variance shall only be
granted provided that the proposed development shall not:
i.
Unduly interfere with the amenities of the neighbourhood, or
ii.
Materially interfere with or affect the use, enjoyment or value of neighbouring parcels of
land, and
iii. The Proposed development conforms with the use prescribed for that land or building in
the Bylaw.
k) Shall refer, with comments and recommendations, to the MPC, all applications for
discretionary uses;
l)
May refer any development application to MPC for its review, comment or advice;
m) Shall receive, consider and decide on requests for time extensions to Development Permits
other than those made by MPC and the Subdivision and Development Appeal Board; and
n) Shall provide expertise to the SDAB on development appeals;
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Municipal Planning Commission (MPC)
For the purposes of this Bylaw, the Municipal Planning Commission is a Subdivision and
Development Authority and may perform only such powers and duties as are specified in
the Act, this Bylaw, or by resolution of Council. Municipal Planning Commission shall act as
the Development Authority for all listed discretionary uses in this Bylaw (except when noted
differently in a particular Direct Control (DC) District) and for variance or relaxation
requests that exceed 10% of the relevant numerical value.
The Municipal Planning Commission:
a) Shall render decisions upon Development Permit applications referred to it by the
Development Officer;
b) Shall consider and decide upon all applications which constitute a "Discretionary Use" in a
land use district that complies in all respects to the standards of that district and with all
other provisions of this Bylaw. This includes Direct Control (DC) District unless otherwise
specifically noted in a Direct Control (DC) District. The Municipal Planning Commission (MPC)
may approve such application with or without conditions in accordance with this Bylaw;
c) Shall deem a proposed land use that is not listed as a discretionary use but is reasonably
similar in character as the purpose to a listed discretionary use in a particular district as a
similar use;
d) Shall render decisions on all Development Permit applications that require a variance or
relaxation of this Bylaw, except when variance requests do not exceed 10%. A variance shall
only be granted provided that the proposed development shall not:
i.
Unduly interfere with the amenities of the neighbourhood, or
ii.
Materially interfere with or affect the use, enjoyment or value of neighbouring parcels of
land, and
iii. The Proposed development conforms with the use prescribed for that land or building in
the Bylaw.
e) Shall render decisions for time extensions on Development Permit applications referred to it
by the Development Officer;
f)
Shall render decisions on all subdivision applications;
Subdivision Authority
The Subdivision Authority for the County is hereby established in accordance with Section
623 of the Municipal Government Act consisting of the Municipal Planning Commission.
The Municipal Planning Commission shall exercise all subdivision powers and duties on
behalf of the County in accordance with the Municipal Government Act and its regulations.
An order, decision, notice, approval, Subdivision endorsement or other thing issued by the
Municipal Planning Commission may be signed on its behalf by its chairperson, vice
chairperson, a Development Officer or the County's General Manager of Agriculture,
Community and Protective Services.
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Subdivision and Development Appeal Board ("SDAB" or "Board")
The Subdivision and Development Appeal Board shall perform such duties as are specified
in the Act.
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APPLICATION FOR DEVELOPMENT AND
SUBDIVISION
Development Permits Required
Except as provided in the Development Permits Not Required section of this Bylaw, no
person shall commence any development unless a Development Permit has been issued
for the development pursuant to this Bylaw. All development shall proceed in accordance
with the terms and conditions of the Development Permit issued in respect of the
development.
Development completed on behalf of Wheatland County and / or on County-owned land
shall be required to obtain a Development Permit, unless it is not required as per the
Development Permits Not Required section of this Bylaw.
Development Permits Not Required
The developments listed within this section are Exempt from requiring a Development
Permit.
Notwithstanding the exemption of the below developments from requiring a Development
Permit, all development shall comply with the provisions and regulations of this Bylaw and
must be carried out in accordance with all other applicable Federal, Provincial and County
legislation, regulations and bylaws.
This Bylaw does not apply to any development exempted by the Act or its regulations.
Exempted Developments
Work or maintenance or repair to any building including interior and exterior repairs
provided that:
a) Such works do not include additions to buildings and/or impact the existing building footprint
and change setbacks from property lines;
b) Such works do not constitute a change in the use or the intensity of the use of a building or
lands; and
c) Such works do not create an additional dwelling unit.
Preamble
This section of this Bylaw outlines the requirements of a development permit application and
subdivision application. It also lists circumstances, activities, structures and/or developments
that do not require the issuance of a Development Permit, public notification requirements,
pre-application and formal review requirements and any additional requirements.
Note: The text contained within this box does not form part of this Bylaw and is only provided
as context for the reader.
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Abattoir:
a) Abattoir for personal, non-commercial uses.
Accessory Building:
a) An accessory structure/building less than 9.29 m² (100 ft²) in area.
b) Grain Bins for agricultural purposes; and
c) Silos for agricultural purposes.
Agricultural Operation:
a) On a parcel designated Agricultural General (AG) District;
b) On a parcel designated Rural Business (RB) District; or
c) On a parcel designated Hamlet Residential General (HRG) District that is owned by the
County.
Basement:
a) Development of a basement.
Deck:
a) Unenclosed or uncovered patio or deck located less than 0.61 m (2.0 ft) above grade
(measured from the finished grade to the top of the decking).
Demolition:
a) Demolition of a building or structure
Dugout/Ornamental Pond:
a) Dugouts and Ornamental Ponds do not require a Development Permit. Applicants should
contact Alberta Environment to determine there are provincial permit requirements.
Fences/Gates:
a) The erection, construction or maintenance of gates, fences, or other means of enclosure,
constructed in accordance with all provisions of the Special Setback Requirements section of
this Bylaw and in alignment with the following fence height requirements:.
i.
In residential hamlet-zoned parcels, the maximum height of a fence or screening shall be
1.0 m (3.0 ft) in height between the front façade of the principal building and the front
property line. The maximum height of a fence or screening shall be 1.8 m (6.0 ft) in the
side and rear yard of parcels provided that the erection of the fence or screening does
not contravene any other provision of this Bylaw.
ii.
In non-residential hamlet-zoned parcels, the maximum height of a fence or screening
shall be 1.8 m (6.0ft) provided that the erection of the fence or screening does not
contravene any other provisions of this Bylaw.
iii. In non-hamlet zoned parcels, the erection, construction or maintenance of gates, fences
or other means of enclosure shall be:
a. Less than 2.13 m (7 ft.) in height if located within property setbacks; or
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b. Where chain link fence is erected on properties zoned commercial and
industrial, the fence can be a maximum of 2.43 m (8 ft.) within
setbacks; or
c.
Any height if located outside of setbacks
Home-Based Business, Type 1:
a) A Home Based Business, Type 1 that conforms to the Home Based Business, Type 1
regulations set out in the Home-Based Businesses section of this Bylaw.
Incidental Construction:
a) The temporary erection, installation or use of machinery, structures or buildings such as a
construction trailer, that is incidental to the erection or alteration of a permanent
development for which a permit has been issued under this Bylaw for the period of those
operations. This does not include a real estate office, show home or similar facility.
b) The use of a building or part thereof as a temporary polling station for an election,
referendum or plebiscite.
Landscaping:
a) Landscaping, as defined by this Bylaw, so long as it meets lot grading and all other
requirements of this Bylaw. Landscaping does not require a Development Permit so long as
the landscaping does not require stripping and grading of land.
Maintenance or Repair of Public Works:
a) The maintenance or repair of public works, services and utilities on publicly owned land
b) The maintenance or repair of public works services and utilities on adjacent private lands that
are subject under an easement agreement registered on title
Man-made water bodies:
a) Construction or upgrading of an ornamental pond
b) Dugouts
c) A stormwater pond where the construction is in accordance with Provincial approvals and
approved under a separate Development Permit or development agreement.
Memorials:
a) The placement and erection of memorial, historical, cemetery markers or monuments in the
County.
Recreational Vehicle Storage:
a) The outdoor storage of unoccupied recreational vehicles on a parcel where there is an
existing occupied dwelling unit, as follows:
i.
Not more than five (5) unoccupied recreational vehicles on parcels greater than 2.02 ha
(5.0 ac) located outside of Hamlet boundaries.
ii.
Not more than three (3) unoccupied recreational vehicles on parcels less than or equal to
2.02 ha (5.0 ac) located outside of Hamlet boundaries.
iii. Not more than one (1) unoccupied recreational vehicle on parcels with a hamlet
designation.
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Shelterbelts:
a) The creation and maintenance of all shelterbelts. See Landscaping Section for further
information.
Shipping Containers:
a) Shipping Containers stored on a property for sixty (60) days or less for the purpose of storing
items for a move or renovations to an existing building on the parcel.
Sign, Type 1 (see 7.18 Signs)
Solar Panels:
a) This Section is intended for small-scale, non-business entities' use of Solar Panel Ground
Mount and Structure Mount panels. Any business entity or larger scale function, use and or
development shall refer to the Solar Panel Ground Mount Section of Specific Use Regulations
for site regulations and requirements, and will be required to apply for a 'Solar Facility' permit.
b) Shall be located on a roof, if applicable, in a location and in a manner that does not, in the
opinion of the Development Authority, impede access to the roof structure for emergency
purposes;
c) A Solar Panel, Structure Mount does not require a Development Permit if the development
adheres to the following criteria:
i.
When installed, the Solar Panel, Structure Mount must not extend beyond the roof edge
of the structure;
ii.
When installed, a Solar Panel, Structure Mount on a roof may be angled out from the
surface of the roof a maximum of 1.22m (4ft);
iii. When the wall faces the rear property line a Solar Panel, Structure Mount may be angled
out from the wall a maximum of 1.52 m (5ft), provided it meets the setback requirements
of the applicable land use; and
iv. When the wall faces the front, secondary front or side property line a Solar Panel,
Structure Mount may be angled out from the wall a maximum of 0.6 m (2ft), provided it
meets the setback requirements of the applicable land use district.
d) A Development Permit for a Solar Panel, Ground Mount is not required so long as the
development adheres to the following criteria:
i.
If the total area of all Solar Panel, Ground Mount installations located on a parcel of land
does not exceed 10.0 m² (100.0 ft²);
ii.
Complies with the relevant setbacks as per the land use district it is being developed in;
iii. Solar Panel, Ground Mount must not exceed 2.44m (8ft) in height above the existing
grade.
e) Any and all relevant federal and provincial permits and permission and Safety Codes Permits
that may be required (e.g. building, electrical, gas etc.) shall be obtained and copies provided
to the County for the Solar Panel, Ground Mount and or Structure Mount.
f)
For Solar Panel Ground Mount and Solar Panel Structure Mount that exceed the provisions
prescribed in this Section, a development permit will be required, and compliance with the
rules and regulations set forth in the WECS Micro and Category 1 'Specific Use Regulations'.
Stripping and Grading:
a) When related to the construction, maintenance and repair of private walkways and private
driveways provided none of the work adversely impacts the natural drainage of the property or
affects the adjoining public road allowance or highway allowance.
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b) When related to the construction or upgrading of public roads, construction of internal
subdivision roads, installation of public utilities.
c) Where stripping and grading is being carried out in accordance with an approved
development permit, servicing agreement, agreement for easement of construction and
public works or development agreement.
d) Stripping & grading for agricultural purposes and regular farm activities that do not impact the
natural drainage course or have an impact on wetlands.
Telecommunication towers, structures, and antenna systems:
a) Telecommunication towers, structures, and antenna systems are subject to federal authority
and regulations. The County may be consulted and provide input on telecommunication tower
applications.
Towers:
a) The erection of towers not exceeding 15.2 m (50.0 ft) in height provided that the structure is
not located on a hamlet-zoned parcel.
b) Towers that exceed 15.2 m (50.0 ft) on non-hamlet zoned parcels and those that exceed the
maximum height requirement of the land use district upon which they are proposed require a
Development Permit.
Wind Energy Conversion System (WECS) Micro and Category 1:
a) WECS Micro(s) and Category 1 are smaller scale energy generator turbines intended for
individual households, business entity, industry and or agricultural operators with a primary
purpose other than energy generation. Any deviations from the criteria below for a WECS
Micro(s) and Category 1 development will require a development permit, and comply with the
regulations for WECS Micro(s) and Category 1 section under 'Special Use Regulations.'
b) WECS Micro shall have a total output of less than 0.15 megawatts (150 kilowatts).
c) Category 1 WECS shall have an output between 150kW and 5000kW (5MW);
d) The WECS Micro(s) and Category 1 shall comply with all setback requirements as per the land
use district where their development is occurring;
e) The WECS Micro(s) and Category 1 WECS tower shall comply with the following height
restrictions:
i.
A maximum height of 12.2m (40ft) on a parcel less than 1.0 acre,
ii.
A maximum of 19.8m (65 ft) on a parcel of 1.0 acre to less than 5.0 acres, and;
iii. A maximum height of 24.4m (80.0 ft) on a parcel of 5.0 acres in size or greater.
f)
No more than one (1) WECS Micro and Category 1 shall be allowed on a parcel.
g) Any and all relevant federal and provincial permits and permission and Safety Codes Permits
that may be required (e.g. building, electrical, gas etc.) shall be obtained and copies provided
to the County.
h) Any WECS Micro(s) and Category 1 that exceed the provisions prescribed in this Section, a
development permit will be required, and compliance with the rules and regulations set forth
in the WECS Micro and Category 1 'Specific Use Regulations'.
Utility Services, Minor Infrastructure
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Variances
Upon receipt of an application for any development for which a variance exceeds 10 % of
any numerical rules and regulations of this Bylaw, the Development Officer shall refer the
application to the Municipal Planning Commission for a decision.
The Development Authority may approve a Development Permit even though the proposed
development does not comply with this Bylaw or is a non-conforming building if, in the
opinion of the Development Authority:
a) The proposed development would not:
i.
Unduly interfere with the amenities of the neighborhood; or
ii.
Materially interfere with or affect the use, enjoyment, or value of neighboring parcels of
land; and
iii. The proposed development conforms with a similar use prescribed for that land or
building in this Bylaw.
Application for a Development Permit
An application for a Development Permit must be made by submitting to the Development
Officer in writing the following:
a) A completed Development Permit application; and
b) The application fee prescribed in the Planning and Development Fee Schedule unless
exempted by the COVID-19 temporary payment deferral incentive.
The following additional information may also be required at the discretion of the
Development Officer:
a) Digital plans to scale which include:
i.
Dimensions of proposed building
ii.
Exterior finishing materials
iii. Floor plans of each floor including area ( m² or ft²)
iv. Elevation plans of each side of the proposed structure(s)
b) 2 Copies (digital or hardcopy) of a preliminary site grading and utility servicing plan which
includes the grade elevations including front and rear grade, building floor, and bottom of
footing and lot corners.
c) Signage plan:
i.
Location of all proposed signs onsite and on building/structures
ii.
Picture/drawing of proposed signage showing size and wording
d) Studies of:
i.
Transportation impact assessment
ii.
Utilities
iii. Landscaping
iv. Environmental impact assessment
v. Slope stability
vi. Geotechnical
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vii. Flood plain
viii. Stormwater management
ix. Manure management
x. Decommissioning/reclamation
xi. Risk assessment
xii. Or any other information as required by the Development Officer.
e) Preliminary approval from any relevant agency/board.
An application for a Development Permit must be made by the owner of the land on which
the development is proposed or, with written consent of the owner, if by any other person.
The Development Officer may request a current title documenting ownership or a
Corporate Search indicating company authorization.
A Development Permit application shall not be considered complete and received by the
County pursuant to the Act until such time as:
a) The requirements of the Bylaw have been met, and
b) Where required by the Development Officer, all necessary information and studies has been
provided.
Development Permit Process
The Development Authority shall review the development permit application to determine if
it is complete or incomplete and provide notice by mail and/or email to the applicant
within (20) twenty days after receipt of the application.
An application is complete if, in the opinion of the Development Authority, the application
contains the documents and other information necessary to review the application.
The (20) twenty day time period may be extended by a written extension agreement
between the applicant and the Development Authority.
If the Development Authority does not make a determination within the (20) twenty day
time period the application is deemed to be complete.
If the Development Authority determines that the application is complete, the Development
Authority shall issue to the applicant a notice by mail and/or email that the application is
complete.
If the Development Authority determines that the application is incomplete, the
Development Authority shall issue to the applicant a notice by mail and/or email that the
application is incomplete and that any outstanding documents and information referred to
in the notice must be submitted by a date set out in the notice or a later date agreed on
between the applicant and the Development Authority in order for the application to be
considered complete.
If the Development Authority determines that the information and documents submitted
under subsection 4.5.6 are complete, the Development Authority shall issue to the
applicant a notice by mail and/or email that the application is complete.
If the applicant fails to submit all the outstanding information and documents before the
date referenced on the notice the application is deemed refused.
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If the application is deemed to be refused as per subsection 4.5.8 the Development
Authority shall issue to the applicant a notice by mail and/or email that the application is
refused and the reasons for the refusal.
Despite that the Development Authority has issued an acknowledgment under subsection
4.5.5 or 4.5.7 , in the course of reviewing the application, the Development Authority may
request additional information or documents from the applicant that the Development
Authority considers necessary to review the application.
If the Development Authority refuses the application for a development permit, the
Development Authority shall issue to the applicant a notice by mail and/or email that the
application has been refused and the reasons for the refusal.
Permitted use applications no variance request:
a) Upon receipt of a complete application for a Development Permit for a permitted use that
conforms to the requirements of this Bylaw, the Act, the Subdivision and Development
Regulations and statutory plans, the Development Officer:
i.
Shall issue a Development Permit with or without conditions as stipulated in the
Development Permit Conditions Section of the Bylaw.
Permitted use applications variance request:
a) Upon receipt of a complete application for a Development Permit for a permitted use that
does not conform to the requirements of this Bylaw, the Development Officer may make a
decision on a variance request not exceeding 10%.
b) Upon receipt of a complete application for a Development Permit for a permitted use that
does not conform to the requirements of this Bylaw and the proposed variance request
exceeds 10%, a variance request application shall be referred to Municipal Planning
Commission for a decision.
Discretionary use applications:
a) Upon receipt of a complete application for a Development Permit for a discretionary use, the
Development Officer shall refer the application to the MPC for a decision. The MPC shall make
the decision and may refuse or approve the Development Permit with or without conditions in
accordance with the Development Permit Conditions section of this Bylaw.
Applications referred to the MPC:
a) Upon receipt of a complete application for a Development Permit for a discretionary use, the
MPC:
i.
May refuse the application stating the reasons for refusal; or
ii.
Approve the application subject to conditions to ensure that the application conforms to
the requirements of this Bylaw, the Act, the Subdivision and Development Regulation,
and statutory plans; or
iii. Approve the application, even though it does not comply with the regulations in this
Bylaw, if in the opinion of the Development Authority, the proposed development:
-
Would not unduly interfere with the amenities of the neighborhood;
-
Would not materially interfere with or affect the use enjoyment or value of
the neighboring sites; and
-
Conforms to the use prescribed for that building or parcel in this Bylaw.
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Notification and Referral of Development Permit Applications
Upon receipt of a complete application for a discretionary use development permit, the
Development Officer:
a) Shall mail a notice in writing to any landowners that are within 1.6 km (1.0 mi) to the parcel
containing the proposed development if it is located outside of Hamlet boundaries and/or a
Named Area;
b) Shall mail a notice in writing to any landowners that are immediately adjacent to the subject
parcel and one parcel over (Adjacent + One) containing the proposed development if it is
located within Hamlet boundaries and/or a Named Area;
c) May post a notice on social media in regards to applications that are deemed by the
Development Authority to be of a potentially contentious nature.
In all cases, notification shall:
a) Describe the nature of the use or variance request;
b) Detail the location of the proposed use or variance request; and
c) State how and where to submit written comments to be considered by the MPC.
Development Permit Conditions
The Development Authority may impose conditions it considers appropriate to a
Development Permit for either a permitted or a discretionary use, including but not limited
to the following considerations:
a) That the Developer enter into a development agreement;
b) Landscaping;
c) The reduction of noise, odour, smoke or other nuisances;
d) Conformance to recommendations from any professional studies required as part of the
permit application, relating to matters such as slope, stability, soil, traffic, flood plain,
hydrology, topography, environment, traffic, utilities, stormwater, etc;
e) The compatibility of proposed traffic patterns and characteristics with those existing in the
affected neighbourhood;
f)
Natural vegetation;
g) Environmental contamination;
h) Public safety;
i)
Existing structures;
j)
Easement(s), back sloping, road acquisition, road use and encroachment agreements;
k) Any measures to ensure compliance with applicable federal, provincial and/or other County
legislation approvals;
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l)
The timing of completion of any part of the proposed development;
m) Parking;
n) Access and/or approach to the parcel in accordance to County standards at the developers
cost;
o) Repairs or reinstatement of original condition of road, streets or approaches which may be
destroyed or otherwise altered by development or building operations upon site, to the
satisfaction of the Development Officer;
p) The size, location, orientation, appearance and character of a building or other structure;
q) Hours of operation including hours of the day, days of the week, or parts of the year;
r)
Limiting the number of patrons;
s) Site grading;
t)
To provide security in the form of an irrevocable letter of credit or cash to ensure the terms of
the permit approval are carried out;
u) Security deposit for completion of exterior finishes on moved on structures;
v) The consolidation of parcels;
w) Completion of detailed plans and construction drawings illustrating the site layout,
landscaping, parking and building elevations, signs, stormwater management or utility
servicing;
x) The provision of a current Real Property Report (within 2 years);
y) Enter into an agreement for temporary residency during construction of a primary dwelling;
z) And any other condition to ensure the proposed development is compatible with surrounding
land uses.
The Development Authority may, as a condition of issuing a Development Permit for a
Permitted Use or a Discretionary Use, require the applicant to enter into a Development
Agreement with the County to do any or all of the following:
a) Construct or pay for the construction of a road required to give access to the development,
b) Construct or pay for the construction of a pedestrian pathway system to serve the
development and/or pathways to connect the pathway system serving the development with
a pathway system that serves or is proposed to serve an adjacent development,
c) Install or pay for the installation of public utilities, other than telecommunications systems or
works, that are necessary to serve the development,
d) Construct or pay for the construction of off-street or other parking facilities,
e) Pay an off-site levy
f)
Pay a redevelopment levy
g) To pay any other applicable fees and charges;
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h) Pay for all or a portion of a cost of an off-site improvement constructed or paid for in whole or
in part by the County or another party at any time prior to the date of approval of the
development permit which benefits the development,
i)
Construct or pay for all or a portion of an off-site improvement having excess capacity, subject
to an endeavor to assist agreement, and
j)
Provide security in the form of an unconditional Letter of Credit to ensure that the terms of
the Development Agreement are carried out in an amount of not less than 100% of the
estimated cost of construction of all on-site and off-site infrastructure.
The Development Authority may, as a condition of issuing a Development Permit for a
Permitted Use or Discretionary Use, impose any condition that:
a) Ensures that the development is constructed and maintained in accordance with the
approved plans,
b) Ensures that the General Regulations and the Specific Use Regulations set out in the Land
Use Bylaw are met,
c) Ensures that recommendations from technical studies and reports are complied with,
d) Ensures that applicable provisions of Statutory Plans are complied with, and
e) Ensures that the County's Servicing Standards are met.
The Development Authority, may, as a condition of issuing a Development Permit for a
Discretionary Use or as a condition of granting a variance to the Development Standards
set out in the Bylaw with respect to either a Permitted Use or a Discretionary Use, impose
any condition that addresses any relevant planning and development matter, including but
not limited to:
a) Ensuring that the purpose and intent of the Land Use District is met,
b) Noise,
c) Dust control,
d) Landscaping,
e) Buffering,
f)
Lighting,
g) Environmental issues,
h) Hours of operation, and
i)
Off-site road use including entering into a road use agreement.
The Development Authority may require, as a condition of a Development Permit approval,
a guaranteed security to ensure that all of the required conditions are met. The security
shall be in the form of an irrevocable letter of credit or cash having the value equivalent to
125% of the established cost of the condition.
The Development Authority may approve a time-limited Development Permit for a specified
limited time period where it is the opinion of the Development Authority that the use is of a
temporary nature, or should only be approved on a temporary basis.
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When a permit for a temporary use expires, a new application is required. Such application
shall be dealt with as a new application and there shall be no obligation to approve it on
the basis that a previous permit has been issued.
An application for a Development Permit with respect to stripping and grading shall include
engineered plans and a written description of the proposal describing:
a) The location and dimensions of the proposed disturbed area;
b) Existing conditions of the land including topography, vegetation, surface drainage patterns,
and water courses;
c) Any impact on existing drainage in terms of volume and flow rate;
d) Engineering analysis will be required for changing of existing drainage pattern;
e) Proposed access, haul routes and haul activities;
f)
Proposals for preventing nuisance from dust;
g) A site management plan that includes weed control and general vegetation management so
as not to create a fire hazard or unsightly conditions;
h) A reclamation plan including the costs required to reclaim the property; and
i)
Written consent from Alberta Environment & Parks if a natural drainage course or wetland is
being affected.
Notice of Decision
Any decision by the Development Authority on a Development Permit application shall be
given in writing to the Applicant by mail and/or email. If an application is conditionally
approved or refused by the Development Authority, the notice of decision shall contain the
conditions imposed as part of the approval or the reasons for refusal.
Upon issuance of a Development Permit for which a variance, greater than 10%, has been
granted or for a discretionary use, the Development Authority shall:
a) Provide a written notice of the decision to the Applicant, and
b) Notify persons likely to be affected by, publishing a notice of the decision in the newspaper
circulated within the County and/or County website.
A Development Permit shall come into effect twenty one (21)days after the written
decision is given, unless an appeal is made to SDAB. The Development Permit does not
take effect until the final outcome of the appeal.
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 a complete application unless the Applicant has entered into an agreement with the
Development Authority to extend the 40-day period.
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Validity of a Development Permit
If the development authorized by a permit is not commenced within twelve (12) months
from the effective date, or carried out with reasonable diligence, the permit approval
ceases and the permit itself is deemed null and void, expired and without effect, unless an
extension to this time period has been granted by the Development Authority.
If the development authorized by a permit is not completed within twenty-four (24) months
from the effective date, or carried out with reasonable diligence, the permit approval
ceases and the permit itself is deemed null and void, expired and without effect, unless an
extension to this time period has been granted by the Development Authority.
If a use that is the result of a Development Permit ceases to operate for a period of twelve
(12) consecutive months, it shall be considered void. A new application would be required
by the Applicant for the use.
Reapplication for a Development Permit
If a complete application for a Development Permit is refused, another application for a
Development Permit on the same parcel and same or similar use shall not be accepted for
a period of six (6) months from the date of refusal.
If an incomplete development permit application was refused under subsection 4.5.9, this
subsection 4.10.1 does not apply.
Requirements for a Complete Development Permit Application
A development permit application shall include all of the following items:
a) A complete application form, signed by the registered owner(s) of the subject property and the
applicant, or their authorized agent(s);
b) Payment of applicable fees, unless exempted by the COVID-19 temporary payment deferral
incentive.
c) A statement or letter of intent of intended use(s) of the proposed development;
d) Alberta Energy Regulator abandoned well map;
e) A digital/computer generated site plan showing the following information with dimensions:
-
Property lines;
-
North arrow;
-
Front, side and rear setback (distance from front, side rear of structure to property
line);
-
Setback distance of the structure to all roads;
-
Identify and name bordering roads and/or highways;
-
Setbacks to any existing buildings/structures;
-
Location of existing or proposed approach to property;
-
Clearly identified location of structure with dimensions (length & width);
-
Identify any existing buildings/structures and or physical features such as trees,
canals, shelterbelts, etc;
-
Location of existing or proposed well sites;
-
Location of abandoned wells;
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Location of water wells and proposed or existing septic fields/septic tanks and
distances from dwelling;
-
Identify any wetlands, canals, water bodies and rivers;
-
Identify slopes greater than 15% and distances from structures;
-
Location of all easements and/or utility right-of-ways;
-
Dimension layout of existing and proposed parking areas, driveways, paved areas,
proposed landscaping, fencing, storage areas, storage areas, etc;
-
Free standing sign areas;
f)
Digital copy of complete construction drawings including:
-
Floor plan (including dimensions)
-
Elevation drawings (including dimensions)
-
Foundation plan (include drawings)
-
Building grade form
Supplementary Requirements for a Development Permit
Application
The Development Authority may require: (all studies/plans and reports to be prepared by a
professional)
a) Roadside Development Agreement from Alberta Transportation;
b) Approvals, acceptance, correspondence or recommendations from other counties or
agencies;
c) For moved on dwellings/structures pictures of all 4 sides;
d) Manufactured or Modular dwellings - photo of sticker confirming dwelling meets A277
standards and has Canadian Standards Association (CSA) approval;
e) A Real Property Report to verify location of an existing structure or development that is the
subject of the development permit application;
f)
Photographs showing the site in its current condition
g) Examples of exterior finishes, fence materials, trees, shrubs, etc;
h) Biophysical assessment;
i)
Environmental site assessment;
j)
Traffic impact assessment;
k) Grading plan;
l)
Development site servicing plan;
m) Site lighting plan;
n) Site remediation plan;
o) Landscape Plan;
p) Wetland Assessment;
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q) Historical Resources;
r)
Ground Water and/or Private Sewage reports;
s) Geotechnical Slope Stability Report;
t)
Storm water Management Report;
u) Hydrological Engineering Report;
v) Peer Review Authorization Form;
w) Natural Resource Extraction applications may require a plan outlining the haul routes;
x) Sign criteria;
y) That the developer provide notification to the neighborhood of the development and hold an
Open House;
Requirements for a Complete Subdivision Application
A Subdivision Application shall include all of the following items:
a) An official application, in the manner and form prescribed, clearly and legibly completed with
all the required information and signatures provided as requested on the form;
b) The applicable fees paid,
c) A current copy of the Certificate of Title to the subject land(s);
d) A professionally prepared digital/computer generated subdivision plan with dimensions,
structures, location of the private sewage disposal system and wells;
e) Alberta Energy Regulator abandoned well map information;
f)
Consent to authorize the Subdivision Authority or it's designate to carry out a site inspection
on the subject lands in accordance with the Act;
g) Peer Review Authorization Form;
h) Any other such information as may be required at the discretion of the Subdivision Authority in
order to accurately evaluate the application and determine compliance with the Land Use
Bylaw or other government regulations. This may include but is not limited to the provisions of
geotechnical information, soil analysis reports, water reports, soil or slope stability analysis,
drainage information, wetland reports, environmental impact assessments, utility and
servicing information, preparation of an area structure plan or concept plan may be required
prior to a decision being rendered on a subdivision application to determine the suitability of
the land for the proposed use.
Subdivision Application Process
The Subdivision Authority shall review the subdivision application to determine if it is
complete or incomplete and provide notice by mail and/or email to the applicant within
(20) twenty days after receipt of the application.
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An application is complete if, in the opinion of the Subdivision Authority, the application
contains the documents and other information necessary to review the application.
The (20) twenty day time period may be extended by a written extension agreement
between the applicant and the Subdivision Authority.
If the Subdivision Authority does not make a determination within the (20) twenty day time
period the application is deemed to be complete.
If the Subdivision Authority determines that the application is complete, the Subdivision
Authority shall issue to the applicant a notice by mail and/or email that the application is
complete.
If the Subdivision Authority determines that the application is incomplete, the Subdivision
Authority shall issue to the applicant a notice by mail and/or email that the application is
incomplete and that any outstanding documents and information referred to in the notice
must be submitted by a date set out in the notice or a later date agreed on between the
applicant and the Subdivision Authority in order for the application to be considered
complete.
If the Subdivision Authority determines that the information and documents submitted
under subsection 4.14.6 are complete, the Subdivision Authority shall issue to the
applicant a notice by mail and/or email that the application is complete.
If the applicant fails to submit all the outstanding information and documents before the
date referenced on the notice the application is deemed refused.
If the application is deemed to be refused as per subsection 4.14.8 the Subdivision
Authority shall issue to the applicant a notice by mail and/or email that the application is
refused and the reasons for the refusal.
Despite that the Subdivision Authority has issued an acknowledgment under subsection
4.14.5 or 4.14.7 , in the course of reviewing the application, the Subdivision Authority may
request additional information or documents from the applicant that the Subdivision
Authority considers necessary to review the application.
A decision of the Subdivision Authority must state whether an appeal lies to the
Subdivision and Development Appeal Board or to the Municipal Government Board and if
an application for subdivision approval is refused, the reasons for the refusal.
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AMENDING THE LAND USE BYLAW
Procedures for Amending the Land Use Bylaw
Any person may apply to amend this Bylaw by submitting an application to the
Development Authority. Once an application is "deemed complete", it will be processed
and then referred to Council as the Development Authority.
An application for amending the Land Use Bylaw is "deemed complete" when the applicant
has provided all necessary documentation outlined in the Redesignation Application
package as well as the applicable fee and any additional supporting studies requested by
the Development Authority.
Council, on its own initiative may choose to undertake an amendment to this Bylaw.
All amendments to this Bylaw shall be made by Council through a Bylaw and in
conformance with the requirements of the Act.
Upon receipt of a complete application to amend this Bylaw, the application shall be
scheduled for a public hearing in accordance with the Act.
Application for a Land Use Bylaw amendment shall require a signed Peer Review
Authorization Form.
Bylaw Amendment Application Requirements
An application for redesignation or amendment of this Bylaw shall be provided to the
County using the appropriate forms provided by the County. A completed application form
and accompanying documents must be submitted in hard copy or digitally to the County.
Potential Additional Requirements for an Amendment Application
In addition to the application requirements outlined in the Bylaw, the County may require
other information that is deemed necessary to properly evaluate an application.
Public Consultation Process
Particular land use amendments may be of a sensitive nature to adjacent landowners and
have a perceived or real impact on neighboring uses. In cases where an application may
be considered to have a moderate to significant effect on adjacent landowners and the
larger community upon which the application is located in, the applicant may be required
Preamble
This section of this Bylaw outlines the procedure and regulations for land use amendments
including public notification requirements, pre-application meetings and formal reviews and
timing for re-submission.
Note: The text contained within this box does not form part of this Bylaw and is only provided
as context for the reader.
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to complete an appropriate community consultation program prior to submission of their
redesignation application. Applicants are advised to consult with the Planning &
Development Department for direction on the need for public consultation (i.e. open
house, charrette, workshop etc.) with regards to an application.
Circulation and Referral Process
Before a decision is made, an application is referred by the County to:
a) Adjoining municipalities, or other authorities (WID, utility companies and school boards) and
government departments for comment when required by the Act, the MDP or Intermunicipal
Development Plans,
b) Internal County Departments for their comments and consideration,
c) Adjacent landowners in accordance with the Act.
In addition to the circulation requirements to adjacent landowners outlined in the Act, the
County:
a) Shall mail a notice in writing to any landowners that are within 1.6 km (1.0 mi) to the parcel
containing the proposed development if it is located outside of Hamlet boundaries and/or a
Named Area;
b) Shall mail a notice in writing to any landowners that are immediately adjacent to the subject
parcel containing the proposed development if it is located within Hamlet boundaries and/or
a Named Area;
c) Shall publish a notice on the County website or in a newspaper circulating in the County for
two weeks prior to a Public Hearing meeting of.
d) May post a notice on social media in regards to applications that are deemed by the
Development Authority to be of a potentially contentious nature.
Reapplication for a Land Use Amendment
If an application for a Land Use Amendment is refused, another application for a land use
amendment on the same parcel and same or similar use shall not be accepted for a period
of six (6) months from the date of refusal.
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ENFORCEMENT & APPEALS
Contravention
No person shall contravene this Bylaw by commencing or undertaking a development or
use that is not permitted under this Bylaw.
No person shall authorize or do any development that is at variance with the description,
specifications or plans that were the basis for the issuing of a Development Permit under
this Bylaw.
No person shall contravene a condition of a permit issued under this Bylaw.
The Development Authority may enforce the provisions of this Bylaw, the Act and its
regulations, the conditions of a subdivision approval or Development Permit approval.
A Designated Officer may inspect premises in accordance with the provisions of the Act
where there are reasonable grounds to believe that the premises are being used in
contravention of this Bylaw. Without limiting the generality of the foregoing, such
reasonable grounds would include:
a) Witten complaints that premises are being used in contravention of this Bylaw
b) The observations of a Designated Officer that there is excessive traffic, parking problems,
accumulated debris in a yard or other apparent breach of this Bylaw.
c) Verbal complaints if the complaint involves a situation that involves a public safety risk or
imminent risk of personal injury or property.
Pursuant to the Act, the County may enforce or contact the relevant agency to enforce the
provisions of the Act and its regulations, other government regulations, a subdivision
approval, the conditions of a Development Permit, and all of the rules and regulations of
this Bylaw:
a) All rules, regulations, policies, or conditions which are applicable pursuant to this Bylaw, a
Development Permit, subdivision approval, or any other enactment the County has the
authority to enforce, may be subject to enforcement action if found to be in contravention;
b) Enforcement may take the form of a written notice of contravention, written stop order notice,
financial penalty or any other authorized action to ensure compliance.
Preamble
This section of this Bylaw outlines the procedures for enforcing the provisions outlined in this
bylaw in accordance with the provisions of the Act. This section of the Bylaw outlines the
consequences and procedures for non-compliance for landowners in the County as well as the
appeal process for land use and development applications.
Note: The text contained within this box does not form part of this Bylaw and is only provided
as context for the reader.
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Suspension or Cancellation of a Development Permit
If, after a Development Permit has been issued, the Development Officer or Municipal
Planning Commission becomes aware of any of the following:
a) The application for the Development Permit contained a material misrepresentation;
b) Facts concerning the application or the development were not disclosed and which should
have been disclosed at the time the application was considered, have subsequently become
known;
c) A Development Permit was issued in error;
d) The applicant withdrew the application by way of written notice;
e) The condition(s) imposed in the Development Permit have not been complied with;
f)
The Development ceases operation for twelve (12) or more months.
If any of the above situations occur, the Development Officer or Municipal Planning Commission
may suspend or cancel the Development Permit by notice in writing to the holder.
Stop Orders
A Development Authority may become aware that a development is not in accordance with
this Bylaw, a Development Permit, subdivision approval, or any other enactment the
County has the authority to enforce. In such cases, the officer may by written notice order
the registered owner, the person in possession of the land or structures, or the person
responsible for the contravention or all or any of them to:
a) Alter the manner in which the development is progressing or immediately stop the
development or the use of the land or buildings in whole or in part as directed by the notice;
b) Demolish, remove, or replace the development or landscaping that is not in compliance with
this Bylaw, or other enactment;
c) Enact other measures as are specified in the notice to prevent re-occurrence of the violation;
d) To ensure that the development or use of the land or building is in accordance with a
Development Permit, subdivision approval, this Bylaw or any other enactment the County has
the authority to enforce within the deadline specified in the order.
A person who receives an order referenced above may appeal to the Subdivision and
Development Appeal Board in accordance with the Act. The deadline for appealing the
order must be stipulated in the Stop Order.
A notice may be issued by resisted mail, regular mail, hand delivered, or sent via e-mail or
in a combination of delivery methods to the owner, person in possession of the land or
building, the person responsible for the contravention, or to all of them.
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Entry to Property Regarding Land Use Matters
In the process of investigating a development or enforcing a contravention of this Bylaw, a
development permit, subdivision approval, or any other enactment the County has the
authority to enforce, a designated officer or representative of the designated officer may
enter the property in accordance with the provisions of the Act.
Enforcement of a Stop Order
The notice may describe the actions that will be taken by the County if the action is not
complied with in the specified time frame. This includes having the County remedy the
contravention at the expense of the recipient of the notice. The County's cost of carrying
out the remedial actions may be added to the tax roll of the land subject to the order.
The County may register a caveat, under the Land Titles Act, against the certificate of title
for the land that is subject to the order, provided that the caveat is discharged when the
order has been complied with.
Appeal of Stop Orders
A person named in a stop order may appeal to the Subdivision and Development Appeal
Board.
Penalties
Any person that violates any provision of this Bylaw is guilty of an offence and is liable
upon conviction to a maximum fine of $5,000.00 or in a default of payment of a fine to
imprisonment for a period not exceeding one year, or to both fine and imprisonment in
such amounts. Specified penalties for 1st, 2nd and 3rd offences are stated below.
1st Offence
$1,000
2nd Offence
$2,000
3rd Offence
$5,000
Where multiple offences or provisions of this Bylaw are violated, the penalties shall be
applied per offence. For example, if there are three violations of the Bylaw on a particular
property, the person in violation of the Bylaw will be required to pay per offence ($1000 x 3
offences = $3,000). Penalties will be carried out as per the Act.
Where an Enforcement Officer reasonably believes that a person has contravened any
provision of this Bylaw, the Enforcement Officer may, in addition to any other remedy at
law, serve upon the person a violation tag, in the form used by the County, allowing
payment of the penalty for the particular offence, which payment will be accepted by the
County in lieu of prosecution for the offence, or an Enforcement Officer may issue a
violation ticket in accordance with the Provincial Offences Procedure Act, R.S.A 2000, c. P-
34 (as amended), allowing a voluntary payment of the penalty, or requiring a person to
appear in court without the alternative of making a voluntary payment. The recording of the
payment of a penalty made to the County or the Provincial Court of Alberta shall constitute
an acceptance of a guilty plea and conviction for the offence. Payment of a penalty does
not absolve a landowner of their failure to comply with the Land Use Bylaw. The non-
compliant use or development will still need to be remedied or future fines will be issued.
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Any person who contravenes the same provision of this Bylaw after the date of the first
contravention is liable to the specified penalties for such second, third or subsequent
offence.
This section shall not prevent any Enforcement Officer from issuing a violation ticket
requiring a court appearance of the defendant, pursuant to the provisions of the Provincial
Offences Procedure Act, or from issuing a stop order in lieu of or in addition to issuing a
violation ticket.
Development Permit Appeals
Development appeals shall be made to the Secretary of the Subdivision and Development
Appeal Board, in accordance with the Act and consistent with the applicable procedures of
the Subdivision and Development Appeal Board.
In accordance with the Act, an appeal with regard to a Development Permit may be made
by the applicant of a Development Permit, if the Development Authority:
a) Fails or refuses to issue a development permit;
b) Issues a Development Permit subject to conditions;
c) Fails to make a decision with respect to an application within (40) forty days, of a complete
application unless the applicant has entered into an agreement with the development
authority to extend the (40) forty day period;
d) Issues an order under the Act, or Section 6.3 of this Bylaw.
A development appeal to the Subdivision and Development Appeal Board is commenced
by filing a notice of appeal, containing reasons, with the board within (21) twenty one days:
a) After the date on which the written decision of the Development Permit is given; or
b) If no decision is made with respect to the application within the prescribed period or within an
extension period.
Any person claiming to be affected by an order, decision, or Development Permit made or
issued by a Development Authority may appeal the decision to the Subdivision and
Development Appeal Board.
An appeal made by an affected person may be commenced by filing a notice of appeal
within (21) twenty one days after the date on which the written notice of the decision of
the Development Authority is given.
An appeal on a Development Permit decision or order shall be made by serving a written
notice of appeal on the appropriate appeal forms containing specific reasons and
accompanied by the application fees as per the Wheatland County Master Fee Schedule
set by Council, to the Clerk of the Subdivision and Development Appeal Board within the
(21) twenty one day period.
Written notice of an order or decision made by the Development Authority is deemed to be
issued the date the written decision is given.
The Subdivision and Development Appeal Board shall consider and make decisions on
appeals pursuant to the Act.
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A decision made by the Subdivision and Development Appeal Board is final and binding on
all parties subject only to an appeal upon a question of law or jurisdiction pursuant to the
Act.
Hearing of the Subdivision and Development Appeal Board
Pursuant to the Act, the Subdivision and Development Appeal Board must hold an appeal
hearing within (30) thirty days of receipt of an appeal application.
The Subdivision and Development Appeal Board must give at least (5) five days' notice in
writing of the hearing:
a) To the appellant;
b) To the Development Authority whose order, decision or Development Permit is the subject of
the appeal; and
c) To those owners required to be notified under this Bylaw and any other person affected by the
appeal.
Decision of the Subdivision and Development Appeal Board
In determining an appeal, the Subdivision and Development Appeal Board:
a) Must act in accordance with the Act, Provincial Land Use Policies and statutory plans;
b) Must have regard but is not bound by the Subdivision and Development Regulations;
c) May confirm, revoke or vary the order, decision or Development Permit or any condition
attached to any of them or make or substitute an order, decision or permit of its own;
d) May make an order or decision or issue or confirm the issue of a Development Permit even
though the proposed development does not comply with this bylaw, if in its opinion the
proposed development would not:
i.
Unduly interfere with or affect the use, enjoyment or value of neighboring properties;
and/or
ii.
Materially interfere with or affect the use, enjoyment or value of neighboring properties.
e) The proposed development conforms with the prescribed use for the land or buildings as
defined in this Bylaw.
Following an appeal, the Subdivision and Development Appeal Board must give its decision
in writing together with reasons within (15) fifteen days after concluding the hearing.
Court of Appeal
Pursuant to the Act, an appeal is directed to the Court of Appeal on a question of
jurisdiction or law with respect to:
a) A decision of the Subdivision and Appeal Board; or
b) The Municipal Government Board on a subdivision appeal.
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An application for leave to appeal must be filed and served within (30) thirty days after the
issue of the decision sought to be appealed, and the notice of the application must be
given to:
a) The Municipal Government Board or the Subdivision and Development Appeal Board; and
b) Any other persons that the judge directs.
Pursuant to the Act, if an appeal is from a decision of a Subdivision and Development
Appeal Board, the County must be given notice of the application for leave to appeal and
the board.
Subdivision Appeals
Pursuant to the Act, a decision on an application for subdivision may be appealed by the
applicant, by a Government department (if that department is required to be circulated on
the application) or by the School Authority (with respect to matters related to municipal
reserve or school reserve lands).
Pursuant to the Act, appeals must be made by filing a notice of appeal within fourteen (14)
days of receipt of the decision of the Subdivision Authority or deemed refusal by the
Subdivision Authority in accordance with Section 681 of the Act.
a) With the Municipal Government Board if the land that is the subject of the application is
within the Green Area, as classified by the Minister responsible for the Public Lands Act, or is
within the distance of a historical site, highway, water body or a sewage treatment or waste
management facility set out in the Subdivision and Development Regulations, unless the
affected Government department agrees in writing to grant a variance to the distance set out
in this Bylaw;
b) In all other cases, with the Subdivision and Development Appeal Board.
Pursuant to the Act, the date of receipt of the decision is deemed to be five (5) days from
the date the decision is mailed.
Pursuant to the Act, a notice of appeal on a subdivision must contain:
a) The legal description and County location, if applicable, of the land proposed to be
subdivided, and
b) The reasons for appeal, including the issues in the decision or the conditions imposed in the
approval that is the subject of the appeal.
Pursuant to the Act, if the applicant files a notice of appeal within 14 days after receipt of
the written decision or the deemed refusal with the wrong board, that board must refer the
appeal to the appropriate board and the appropriate board must hear the appeal as if the
notice of appeal had been filed with it and it is deemed to have received the notice of
appeal from the applicant on the date it receives the notice of appeal from the first board.
The Board hearing an appeal shall give at least five (5) days' written notice of the hearing
in accordance with the Act.
Pursuant to the Act, a Subdivision and Development Appeal Board hearing an appeal must
hold the hearing within thirty (30) days after receiving a notice of appeal and give a written
decision together with the reasons for the decision within fifteen (15) days after concluding
the hearing.
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Pursuant to the Act, a Municipal Government Board hearing an appeal must hold the
hearing within sixty (60) days after receiving a notice of appeal and give a written decision
together with the reasons for the decision within fifteen (15) days after concluding the
hearing.
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GENERAL REGULATIONS
Access Easements
Easements as a form of access shall be discouraged by the County. The County shall not
support easement agreements unless all other access options are determined to be
unfeasible. The agreement shall be registered on title by the landowner.
Access To Property
Every application for development and/or subdivision shall have direct legal and physical
access to a public road or provincial highway to the satisfaction of the Development
Authority and/or Alberta Transportation. If a parcel does not have access to a public road
or provincial highway, the Development Authority shall require the applicant to develop a
road to County Standards to provide access within the public road right of way.
Wheatland County reserves the right to determine the most suitable access and egress
point(s) onto a developed road with regard to any new accesses in the County. If the
access is off of a provincial highway, Alberta Transportation reserves the right to determine
the most suitable access and egress (point)
Accessory Buildings/Structures
An accessory building / structure cannot be located on or over an easement or utility right-
of-way unless an approved written encroachment agreement is in place.
An accessory building must be a standalone unit and cannot be attached or connected to
any other building.
All accessory buildings / structures must be at least 1.52 m (5.0 ft) from the eaves of any
other structures.
All accessory buildings must meet Alberta Building Code, Fire Code & Standards and Safety
Code regulations.
A Development Permit is not required for any accessory building less than 9.29 m² (100.0
ft²) with the exceptions of any uses listed in the Development Permits Not Required
section of this Bylaw.
All accessory buildings shall be of a design and finish which will complement the existing
building(s).
Preamble
This section of this Bylaw outlines the general regulations applied throughout the County to all
land use designations. Each land use district is subject to the general regulations and district
specific regulations.
Note: The text contained within this box does not form part of this Bylaw and is only provided
as context for the reader.
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All accessory buildings shall meet the setback requirements of the applicable land use
district.
Additions
Unless otherwise stated in this bylaw and where a structure is attached to the principal
building by shared features such as but not limited to siding, walls, roofs, and/or
foundation it shall be considered to be part of the principal building.
All additions must meet Alberta Building and Safety Code regulations.
All additions shall be of a design and finish which will complement the existing building.
Animal Controls
No farm animals or livestock are allowed on parcels with a Hamlet designation (Ie HRG, HC
and HI), or parcels designated within the Speargrass Low Density Residential (S-LDR)
District, Speargrass Medium Density Residential (S-MDR) District, and Direct Control 7 (DC-
7) District (Lakes of Muirfield).
Architectural Controls
Some areas within the County may have architectural control guidelines in place for the
construction of new buildings. Architectural control review of plans must be approved by
the Developers' Architectural Control Approval Officer prior to the Development Authority
accepting a Development Permit application.
The Development Authority, Subdivision Authority, or Council may:
a) Require architectural control guidelines to be submitted for review and approval by the
municipality prior to subsequently being registered on title; and
b) Stipulate specific development standards, land or building restrictions to be applied or
included in the covenants.
The County shall not be held responsible for private covenants with regard to the
enforcement of any applicable architectural controls.
Boundary Adjustment
The purpose of a boundary adjustment is to change existing parcel boundaries to create a
different parcel shape or size and does not create any additional parcels. Generally a
boundary adjustment is small in scale.
A redesignation may be required with a boundary adjustment to ensure the newly created
parcel and remnant parcel adheres to the appropriate land use districts of this Bylaw.
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Illustration: Boundary Adjustment
Buildable Area for Parcels
All proposed subdivisions must include a suitable buildable area, which is defined as the
minimum area required to ensure that there is adequate space for a building site, water
well and sewage disposal system taking into account the setback distance requirements of
the Bylaw, any required setbacks recommended by a geotechnical engineer, meets
provincial requirements, and meets the following criteria:
a) The buildable area is not subject to the development restrictions such as those created by
sour gas or other natural resource extraction, flooding, hazardous lands, landfills, transfer
stations, sewage lagoons or other restrictions as indicated by the Act;
b) The buildable area contains a water table and soil suitable for the construction of a building
site and wastewater disposal system to be utilized;
c) The buildable area does not exceed 15% in slope unless a report has been submitted to the
satisfaction of the Municipality, prepared by a Qualified Professional which indicates that the
developable area is suitable for residential construction;
d) The buildable area is sufficient to accommodate all buildings within the applicable setback
requirements for the land use district; and,
e) The buildable area is considered developable by the Subdivision Authority; and
f)
The buildable area satisfies the criteria outlined in Section 654 of the Act and the Subdivision
and Development Regulation.
Notwithstanding that minimum setback requirements for the land use districts do not
apply to well locations and septic systems, the minimum size of the buildable area must
meet the above criteria and shall also allow for:
a) The required setbacks from the well to all property lines; and,
b) Separation distances for septic tanks and fields and package sewage treatment plants, to
both property lines, water sources, and buildings in accordance with the provincial standards
such as those currently required in the Alberta Private Sewage Systems Standard of Practice.
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Dark Sky Considerations
The purpose of this section is to reduce light pollution in the County and the nuisance effect of bright lights
for adjacent landowners, while protecting wildlife and wildlife habitat.
All outdoor lighting for any development shall be located and arranged so that no direct
rays of light are directed at any adjoining properties, interfere with the use and enjoyment
of neighbouring lands, directed upward or interfere with the effectiveness of any traffic
control devices or the vision/safety of motorists.
Commercial and Industrial Development
a) Lighting practices and systems should minimize light pollution, glare and light trespass onto
adjacent properties, while maintaining night-time, on-site safety and security and allow for
product display during evening operating hours. The intent is to ensure that all light fixtures
are installed to maximize security while minimizing the nuisance effect on adjacent
landowners.
Environmentally Significant Area
An applicant for development in or near an area deemed to be environmentally significant
by the Development Authority may be required to submit an environmental impact analysis
or biophysical assessment as part of a land use amendment, subdivision or Development
Permit application.
When considering development involving land in or near an environmentally significant
area, the Development Authority may refer the application to federal and provincial
departments and other relevant environmental agencies for comments prior to reaching a
decision. The Development Authority may also consider internal mapping research that
denotes environmentally significant areas within the County.
A Development Permit issued for a permitted or discretionary use within an
environmentally significant area may include conditions for meeting specific environmental
objectives determined by the Development Authority. Such conditions may include, but are
not limited to, restrictions on site clearing and grading, additional setback requirements,
retention of shelterbelts, fencing, siting and standards of buildings, emission controls, and
buffering requirements.
Removal of natural vegetation and alterations to the natural drainage of lands within or
adjacent to an environmentally significant area shall not be permitted.
Height and Grade
Building Height will not exceed the maximum height specified in this Bylaw for the
appropriate Land Use District.
On sloped grades, the height of the building will be calculated as the average between the
high and low points of the grade. Sum of height = X (being the highest point) + Y (being the
lowest point) / 2 = height average as showing in the illustration below.
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Illustration: Building Height Calculation Diagram
Landscaping, Fencing, and Screening
Landscaping Standards
a) The Development Authority may require that landscaping and/or screening is provided in
conjunction with any rural business, commercial or industrial development, and is addressed
as part of the Development Permit application. The intent of landscaping and screening is to
contribute to a reasonable standard of appearance for developments, to provide a positive
overall image for the County and to encourage good environmental stewardship.
b) As a condition of the development permit, the Development Authority shall require all
landscaping to be completed within one (1) year of the issuance of the Development Permit.
The owner/applicant/assignee shall be solely responsible for the necessary landscaping and
proper maintenance of the development parcel.
c) The provision of site landscaping is a permanent obligation of a development permit and shall
be installed and maintained in accordance with accepted horticultural practices and
consistent with the approved landscape plan.
d) Existing landscaping or natural vegetation should be conserved in accordance with the
landscape plan and used to meet the requirements of this Section unless removal, in the
opinion of the Development Authority, is necessary to efficiently accommodate the proposed
development. Where practical, vegetation should be relocated on-site.
e) Where commercial or industrial development abuts residential development, the
Development Authority may require that some of the trees/shrubs be provided along the yard
abutting the residential development.
f)
Any areas within the overall site that are to be left undeveloped for extended periods of time
shall be landscaped with an approved ground cover.
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g) Landscaping, fencing and screening shall be considerations for any Solar or WECS
development permits.
Landscape Plan
a) At the discretion of the Development Authority, a landscape plan may be required as part of
the submission for a development permit and the plan must be prepared by a certified
landscape architect or an arborist.
b) Where a landscape plan or security or both is required by this Bylaw, no development shall
commence unless the Development Authority has approved the landscape plan and received
the security for landscaping if required.
c) Applicants should refer to the Wheatland County Landscaping & Screening Guidelines when
preparing a landscaping plan.
d) The landscape plan shall include information for the proposed site which clearly indicates and
accurately identifies the following:
-
date, scale, north arrow, legal address, name of the property owner(s), name and
contact information of the person or firm responsible for the landscape plan;
-
name and endorsement stamp of the landscape architect;
-
a site plan in square meters, with the location of proposed landscaping and related
landscaping features (Eg., planting beds, boulders, etc.) in relation to all existing and
proposed buildings, signs, outdoor storage, parking areas, display areas, approaches,
and driveways;
-
location of proposed and existing utilities, easements and right-of-ways;
-
if landscaping is being proposed within a utility right-of-way, the plan must be
endorsed by all utility companies that have access to the right-of-way indicating their
approval of the proposed landscaping within the right-of-way;
-
location and number of plant material that are proposed to be removed, replaced or
retained;
-
plant material list identifying the name, quantity, and size of plant material;
-
all plant material shall be scaled to 2/3 maximum size as noted in Alberta Yards and
Garden What to Grow;
-
all other physical features, existing or proposed, including berms, slopes, screening,
walls, fences, outdoor furniture, lighting, and decorative paving, open space systems,
and pedestrian circulation patterns;
-
location of new plant materials;
-
location of pedestrian sidewalks, trails and/or pathways;
-
adjacent existing and proposed roads, trails and sidewalks;
-
the existing topography; show contours at 0.5m intervals;
-
the layout and type of soft and hard landscaped areas;
-
plant list showing quantities, common and botanical name, size and condition
with minimum required number and mix ratio of trees and shrubs in the
coniferous/deciduous ratio required;
-
details of the irrigation system, including extent of water delivery;
-
maintenance procedure to ensure vegetation survival or replacement; and
-
minimum site area required and proposed, measured in square meters, to be
landscaped pursuant to the measurements of the Landscape guidelines.
e) All tree/shrub planting shall be hardy to the County and to the location on the site where they
are planted. The Horticultural Standards of the Canadian Nursery Trades Associations shall
be used as a reference for plant selection.
f)
The Development Authority may consider an application for a development permit that does
not provide all the information required above if, in the opinion of the Development Authority,
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the information provided is sufficient to show that the landscaping provisions of the Bylaw can
be met.
Landscaping Security
a) The Development Authority may require, as a condition of a development permit approval, a
guaranteed security to ensure that landscaping is provided and maintained for one (1) year.
The security shall be in the form of an irrevocable letter of credit or cash having the value
equivalent to 125% of the established landscaping costs.
b) The projected cost of the landscaping shall be calculated by the owner/applicant and shall be
based on information provided in the approved landscape plan. If in the reasonable opinion of
the Development Authority, these projected costs are inadequate, the Development Authority
may establish a higher landscaping cost for the purposes of determining the value of the
landscaping security.
c) Where the owner does not complete the required landscaping, or if the owner fails to
maintain the landscaping in the healthy condition to the satisfaction of the Development
Authority for the specified periods of time, the County shall reserve the right to complete the
work to the satisfaction of the Development Authority.
d) Where the cash or the proceeds from the letter of credit are insufficient for the County to
complete the required work, should it decide to do so, then the owner shall pay such
deficiency to the County immediately upon being invoiced.
e) Upon receipt of a written request from the owner/applicant, an inspection of the finished
landscaping may be scheduled by the Development Officer. Landscaping inspections shall
comply with the following:
i.
Inspections shall be conducted only during the normal growing season, approximately
April 15th through October 15th;
ii.
The Development Officer shall perform the landscaping inspection within thirty (30) days
of receipt of the inspection request subject to a) above; and,
iii. Upon approval of the landscaping by the Development Officer, the letter of credit shall be
fully released.
f)
Upon the installation of landscaping and screening, the developer shall ensure that the
screening is maintained. Refer to the Wheatland County Landscaping and Screening
Guidelines for Maintenance Requirements.
Fencing/Screening
a) All non-residential sites abutting a residential district shall be buffered and screened to the
satisfaction of the Development Authority.
b) In residential hamlet-zoned parcels, the maximum height of a fence or screening shall be
0.91 m (3.0 ft) in height between the front façade of the principal building and the front
property line. The maximum height of a fence or screening shall be 1.82 m (6.0 ft) in the side
and rear yard of parcels provided that the erection of the fence or screening does not
contravene any other provision of this Bylaw.
c) In non-residential, hamlet-zoned parcels, the maximum height of a fence or screening shall be
1.82 m (6.0 ft) provided that the erection of the fence or screening does not contravene any
other provisions of this Bylaw.
d) In non-hamlet zoned parcels, the erection, construction or maintenance of gates, fences or
other means of enclosure shall be:
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i.
Less than 2.13 m (7 ft) in height if located within property setbacks; or
ii.
Where chain link fence is erected on properties zoned commercial and industrial, the
fence can be a maximum of 2.43 m (8 ft) within setbacks; or
iii. Any height if located outside of setbacks provided that it does not negatively affect
sightlines or safety on a road or abutting driveway.
e) For the purpose of determining the height of a fence, the measurement shall be taken from
0.49 m (1.6 ft) inside of the subject property boundary. The height measurement includes the
materials used in constructing the fence, but does not include the posts or supporting
material used to anchor the fence.
f)
Where the Development Authority determines that the location or height of a proposed fence
will negatively affect sightlines or safety on a road or abutting driveway, the Development
Authority may refuse the application.
g) The Development Authority may require a solid fence be installed where a non-residential or
multi-residential development is proposed adjacent to a residential development, a public
park, a school and institution or other similar use in order to mitigate any potential nuisance
that could be caused by the proposed development.
h) A proposed fence should be complimentary and compatible with the principal building.
i)
Electric fences shall not be permitted on any parcel with a hamlet designation.
j)
Barbed wire and posts are discouraged on parcels with a hamlet designation (Ie. HRG, HC and
HI).
k) A garbage collection area, an open storage area, or an outdoor service area, including any
loading and vehicular service area, which is visible from an adjacent site in a residential
District or from a public road other than a lane, shall be fenced or have screen planting or
both. Such fence or screen planting or both shall be maintained to provide effective
screening from the ground. The fence should be opaque.
l)
For bulk outdoor storage, including but not limited to, auto wrecking, lumber yards, pipe
storage and similar uses, where because of height of materials stored, a screen
planting would not be sufficient, a fence, earth berm or combination thereof, with
sufficient height to substantially block the view from adjacent parcels, shall be substituted
m) The level of screening required shall be determined at the discretion of the Development
Authority based on the Wheatland County Landscaping & Screening Guidelines.
Shelterbelt Setbacks from Roads:
a) Outside a hamlet, notwithstanding any other provision contained in this Bylaw, no shrub, tree,
shelterbelt or any other obstruction shall be erected or placed within:
i.
15.24 m (50.0 ft) from the nearest limit of a public road rights-of-way.
ii.
22.86 m (75.0 ft) from an intersection of two or more road rights-of-way.
Man-Made Water Bodies
A dugout may require a license and approval under the Water Act. Contact Alberta
Environment and Parks for more information.
Dugouts and/or stormwater ponds must meet the setbacks in the applicable land use
district unless the applicant can demonstrate that any safety concerns can be addressed
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through the use of berms, vegetation, fencing and/or natural elements to the satisfaction
of the Development Authority.
Dugouts and/or stormwater ponds cannot encroach upon, or affect, any watercourse or
drainage easement.
Dugouts are not permitted on parcels with a hamlet land use designation.
Parking and Loading Requirements
Applicability
a) The off-street parking and loading requirements and design standards apply to:
i.
All new buildings and uses;
ii.
The expansion or enlargement of existing buildings or uses.
b) In the case of expansion or enlargement of an existing building or use, additional off-street
parking spaces will be required to serve the expanded or enlarged area. The calculation shall
be based on the number of additional parking spaces required as a result of the enlargement,
or change in the use of the building.
General Provisions
a) Where the use is not listed in the Minimum Parking and Loading Requirements Table, the
minimum required parking spaces shall be determined by the Development Authority, having
regard for similar uses listed in these sections and the estimated traffic generation and
attraction of the proposed use;
b) Vehicular entrances and exits onto public roads shall only be permitted at locations approved
by the Development Authority. A permit may be required from Alberta Transportation for
access onto provincial highways;
c) A parking assessment may be required, prepared to a standard acceptable to the
Development Authority, to facilitate the determination of parking requirements as part of an
application for redesignation, land use amendment, or Development Permit, to document the
parking demand and supply characteristics associated with the proposed development. The
County may consider the recommendations of such parking assessment in exercising
discretion to allow a reduction of the minimum number of spaces specified in this Bylaw, but
is not bound by such recommendation; and
d) Any parking space or any loading space provided shall be developed to the specifications as
outlined by the Development Authority in accordance with the Minimum Parking Space
Dimensions Table.
e) A parking space must be located on the subject lands and do not include public roads or
alleys.
Minimum Number of Parking Required
a) The Development Authority has discretion to amend the parking requirements if deemed
necessary. The parking requirements are meant as a guideline;
b) Parking requirements shall be calculated on the basis of gross floor area (GFA), unless
otherwise stated, and where a fractional figure occurs it shall be rounded to the next higher
figure; and
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c) All required parking spaces shall be provided on the same lot as the building or use.
Mixed-Use Building
a) Where a development consists of a mix of use classes, the total on-site parking requirement
shall be the sum of the on-site parking requirements for each use class, unless:
i.
It is demonstrated that there will be complementary demand for parking that warrants a
reduction in the total requirement;
ii.
The normal hours of operation of the developments are such as to assure the feasibility
of joint use of complimentary parking; and
iii. The total quantity of spaces is at least equal to the required spaces for the development
in operation at any given time.
Barrier-Free Parking:
a) Shall be provided in accordance with the Alberta Building Code;
b) Shall be designated as barrier-free using appropriate signage in accordance with Provincial
standards;
c) Shall be included in the calculation of the applicable minimum parking requirement; and
d) Barrier-free parking shall be located as close to a main building entrance as possible.
Loading Requirements
a) One loading space shall be provided for each loading door;
b) The Development Authority may require additional loading areas or doors if such additional
areas or doors are deemed necessary;
c) Where a proposed development will, from time to time, require pick-up or delivery of
commodities, adequate space for loading and unloading shall be provided and maintained on
the parcel to the satisfaction of the Development Authority. When a loading area is required
by the Development Authority, the loading area shall be clearly marked by a sign;
d) The number of on-site loading spaces required for each use is specified in the Minimum
Parking and Loading Requirements Table;
e) Where more than one calculation of loading space requirements is specified for a land use,
the greater requirement shall be applied;
f)
Where the loading requirements in the Minimum Parking and Loading Requirements Table
does not clearly define requirements for a particular development, the single use or
combination of uses deemed by an Development Authority to be most representative of the
proposed development shall be used to determine the loading requirement. Alternatively, a
Development Authority may specify another loading requirement deemed appropriate for the
development;
g) A loading space shall be designed and located so that all vehicles using that space can be
parked and maneuvered entirely within the bounds of the site without backing to or from
adjacent streets;
h) Each loading area shall be designed in such a manner that it will not interfere with convenient
and safe pedestrian movement, traffic flow, or parking;
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i)
The Development Authority, having regard for the types of vehicles that are likely to use the
loading space, may change minimum loading space dimensions;
j)
The minimum dimensions for a loading space shall be 3.1 m (10.0 ft) by 9.1 m (30.0 ft), with
an overhead clearance of 3.5 m (11.48 ft);
k) Loading space requirements for uses other than those set out in this section shall be
determined by the Development Authority, having regard to similar uses for which specific
loading facility requirements are set; and
l)
When a building is enlarged, or a change in the use occurs, in such a manner as to cause a
more intensive use of the building, provision shall be made for the additional loading spaces
required under the loading provisions of this Bylaw. The calculation shall be based on the
number of additional loading spaces required as a result of the enlargement, or change in the
use of the building.
Special Circumstances
a) In the case where an existing building or development cannot accommodate the on-site
parking/loading requirements in this bylaw, the Development Authority may allow parking/
loading variances. However, should new construction occur, the site will be required to
conform to the parking/loading requirements stated in this bylaw.
Table - Minimum Parking and Loading Requirements
Residential
Minimum Parking Requirements
Number of Loading
Spaces Required
Dwelling, Duplex
2 parking spaces
All Residential
Dwellings: none
Dwelling, Manufactured
Dwelling, Modular
Dwelling, Moved On
Dwelling, Semi-detached
Dwelling, Single Detached
Dwelling, Townhouse
Dwelling, Accessory
1 parking space in addition to the minimum required for the principal
dwelling on the site
Dwelling, Fourplex
1 parking space per 1 bedroom Dwelling Unit
2 parking spaces per 2+ bedroom Dwelling Unit
1 visitor parking space per 5 Dwelling Units
Dwelling, Multi-Unit
Manufactured Home Park
2 parking spaces per manufactured home parcel
1 visitor parking space per 5 manufactured home parcels
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Bed & Breakfast
Must combine residential requirement with the proposed commercial use
for total parking and loading requirements
Residential Care Facility
Parking for housing for seniors and individuals requiring special care,
regardless of housing type shall be provided at a minimum of one (1) stall
per four (4) sleeping units
Industrial
Minimum Parking Required
Number of Loading
Spaces Required
Industrial Manufacturing/
Processing
1 parking space per 92.90 m² (1000.0 ft²) of gross floor area; or
3 parking spaces per tenant or establishment, whichever is greater
As determined by
Development
Authority
Industrial Storage and
Warehousing
1 parking space per 92.90 m² (1,000.0 ft²) up to 1858.06 m² (20,000.0
ft²); plus
1 parking space per each additional 464.52 m² (5,000.0 ft²)
Commercial
Minimum Parking Requirements
Number of Loading
Spaces Required
Accommodation Services
1 parking space per sleeping unit; plus
1 per 4 seats of any associated eating or drinking & eating establishment;
plus
1 parking space per three employees on shift
1 per 2787.09 m²
(30,000.0 ft²)
Child Care Facility
1 parking space per employee
1 per 1,858.06 m²
(20,000.0 ft²)
Drive through Businesses
1 per 5 fixed seating spaces; plus
10 per 92.90 m² (1000.0 ft²) of floor area used by patrons
Drinking & Eating
Establishment
1 parking space per 4 seats
1 per 2,787.09 m²
(30,000.0 ft²)
Restaurant
Professional, Business,
Financial and Office support
services
3 parking spaces per 92.90 m² (1000.0 ft²) of gross floor area; or
3 parking spaces for each full or part-time professional, whichever is
greater
1 per 1,900.0 m²
(20,451.0 ft²)
Retail Establishment
1 per 37.0 m² (400.0 ft²)
Recreational, Major
1 per 3.5 seats; or
3 per 10.0 m² (107.6 ft²) gross floor area used by patrons
Recreational, Minor
Automotive and Equipment
Services
1 per 37 m² (400.0 ft²)
Any development within a
commercial use class not
listed separately in this table
GFA less than 929.03 m² (10,000.0 ft²) shall have 1 parking space per
27.87 m² (300.0 ft²) of gross floor area;
GFA between 929.03 m² (10,000.0 ft²) and 3716.12 m² (40,000.0 ft²)
shall have 1 parking space per 18.58 m² (200.0 ft²) of gross floor area;
GFA greater than 3716.12 m² (40,000.0 ft²) shall have 1 parking space
per 13.94 m² (150.0 ft²) of gross floor area.
Institutional, Education,
Recreation and Cultural
Service Uses
Minimum Parking Requirements
Number of Loading
Spaces Required
Cemetery, Crematorium,
Funeral Home
3 parking spaces per 5 seats of public seating; plus
1 space per funeral home vehicle.
1 per 2,787.09 m²
(30,000.0 ft²)
Community Recreation
Facilities
16 parking spaces; plus
2.2 parking spaces for each additional 9.29 m² (100.0 ft²) where there is
a multiple purpose area, room or space within the community recreation
facility, which exceeds 92.90 m² (1000.00 ft²) in gross floor area,
provided that such multiple purpose areas shall not include dressing
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Community Building and
Facility
rooms, change rooms, washrooms, storage areas, cooking or kitchen
areas which are normally incidental to the primary function of community
recreation; plus
Where a community recreation services parking area immediately abuts a
parking area for a school, a maximum of 50% of the additional parking
spaces required may be provided by including the parking on the abutting
school parcel.
School, Elementary and
Junior High
1 parking space for each employee; plus
2 per classroom or 1 per 10 students, whichever is greater.
2 per 100
students,
minimum 5; plus
Minimum 5 bus
loading spaces
School, Senior High
1 parking space for each employee; plus
5 per classroom or 1 per 5 students, whichever is greater.
School kindergarten to grade
12 ( K-12)
1 parking space for each employee; plus
3 per classroom or 1 per 7 students, whichever is greater.
Essential Public Service
5 per 92.90 m² (1,000.0 ft²)
1 per 2,787.09 m²
(30,000.0 ft²)
Health Care Services
4 per doctor or dentist
Cultural Facilities
1 per 3 fixed seating spaces; or
20 per 92.90 m² (1,000.0 ft²) of floor area used for assembly, recreation,
or other ancillary uses
Parking Space Dimension Requirements
a) Size of parking spaces and aisles shall be provided in accordance with the Minimum Parking
Space Dimensions Table with consideration to the following standards:
i.
Each required off-street parking space shall have a vertical clearance of at least 1.98 m
(6.5 ft);
ii.
The stall width and depth requirements for an off-street parking space may be reduced by
the Development Authority where spaces are designed to accommodate compact vehicle
parking; and
iii. Where a use or development may need to accommodate over-sized vehicles such as
tractor-trailers, large recreational vehicles, buses or other similar vehicles, the
Development Authority may require larger parking space and aisle dimensions.
Table - Minimum Parking Space Dimensions
1: Parking Angle
2: Stall Width
3: Stall Depth
4: Aisle Width
Degrees
Metres
Feet
Metres
Feet
Metres
Feet
Parallel
2.5
8.2
6.71
22.0
3.51
11.5
30
2.75
9.0
5.49
18.0
3.51
11.5
45
2.75
9.0
6.1
20.0
3.51
11.5
60
2.75
9.0
6.4
21.0
5.49
18.0
90
2.75
9.0
5.94
19.5
7.01
23.0
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Illustration: Parking Diagram
Projections
A cantilever which provides additional interior space may project up to 0.61 m (2.0 ft) into
a required setback of 1.22 m (4.0 ft) or greater, but in all cases at least 1.22 m (4.0 ft)
shall be maintained between the wall designed with the cantilever and the lot line. This will
require a variance application.
The following features may project up to 0.6 m (2.0 ft) into a required setback of 1.22 m
(4.0 ft) or greater:
a) Architectural or ornamental features such as leaders, gutters, pilasters, sills and awnings;
b) Fireplaces and chimneys
c) Satellite dishes 1.22 m ( 4.0 ft) or less in diameter; and
d) Utilities, underground parking and similar structures constructed entirely beneath the surface
of the ground may encroach into required yards provided such underground encroachments
do not result in a grade inconsistent with adjacent properties and the encroachments are
covered by sufficient soil depth or surface treatment to permit landscaping.
Road Approaches
The Development Authority, in consultation with County Departments may exercise the
right to determine the most suitable access and egress point(s) onto a public road with
regards to any subdivision or Development Permit application.
As a condition of subdivision or development approval, the Development Authority may
require the construction of new approaches, upgrading of existing approaches and/or
removal of approaches to achieve the desired long-term planning and transportation
objectives of the County.
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Servicing Requirements
The servicing requirements are as follows:
a) The requirement for piped water and sewer services may be triggered by the sixth title
subdivided from a quarter section, unless the development is located within a hamlet or
growth node. Piped servicing shall be provided at the landowner/developers expense.
b) The County shall require that all approved subdivision applications enter into a Deferred
Services Agreement as a condition of approval. This condition would mean that if piped
servicing becomes available to a particular subdivision, the landowner would be required to
connect to the County's servicing system.
c) The County shall require that all new development that connects to County water services has
County-issued water meters.
d) Dedication of Lands for the purpose of public utilities may be required at the time of
subdivision.
e) The developer/landowner(s) shall be responsible for ensuring that setback distances and
separation between water sources and sewage disposal systems on their property meet all
regulations in accordance with the Alberta Private Sewage Systems Standard of Practice.
f)
The Developer shall enter into a Development Agreement for the construction, upgrading,
contribution toward, or extension of existing County services as a condition of a subdivision
approval in accordance with the Act and a Development Permit in accordance with the Act.
Signs
Definitions
For the purpose of this Bylaw, the following definitions shall apply:
a) A-Board - means a temporary sign which is set on the ground, built on two (2) similar pieces
of material and attached at the top by a hinge(s) so as to be self-supporting when the bottom
edges are separated from each other and designed and built to be easily carried by one (1)
person.
Illustration: A-Board
b) Animation - means a projection style where action or motion is used to project sign content,
including lighting changes, special effects or pictures, but does not include changeable
content.
Illustration: Animation
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c) Banner Sign - means a temporary sign that is made of lightweight material intended to be
secured to the flat surface of a building or structure, at the top and the bottom on all corners,
excluding official flags and emblems.
Illustration: Banner Sign
d) Billboard - a sign, greater than 27.9 squared metres (300.0 squared feet), primarily self-
supporting and permanently affixed to the ground that may or may not contain advertising
related to the development within the parcel upon which the billboard sign is located.
Illustration: Billboard
e) Canopy Sign - means a permanent fixture fitted over windows and doors on the exterior wall
of a building and used for either shelter, advertising or decoration.
Illustration: Canopy Sign
f)
Construction Sign - means a temporary sign which is placed on a site to advertise items
such as the provision of labour, services, materials or financing on a construction project.
Illustration: Construction Sign
g) Changeable Content - means sign content which changes automatically through electronic
and/or mechanical means and may include typical features such as an electronic message
centre or time and temperature unit.
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Illustration: Changeable Content (Manual & Digital)
h) Directional and Information Sign - means a sign which is limited to providing direction
guidance, distance, or similar information and which may contain a name or logo.
Illustration: Directional & Information Sign
i)
Election Sign - means a temporary sign used to promote a candidate, political party,
plebiscite or referendum during a County, school board, provincial, federal election or special
referendum or plebiscite ballot held pursuant to the Local Authorities Election Act.
Illustration: Election Sign
j)
Fascia Sign - a sign placed flat and parallel to the face of a building so that no part projects
more than 0.30 m (1.0 ft) horizontally from the exterior wall of the building.
Illustration: Fascia Sign
k) Field Crop Agricultural Services Sign - a sign, small in scale, advertising agricultural services
such as crop varieties and/or weed and insect control products. They are typically attached to
fences or on posts on agricultural land in the County and note the proposed service and
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contact information of the individual advertising the services. The sign may include a
company name or logo.
l)
Freestanding Sign - a sign 28 squared metres (300.0 squared feet) or less, which stands
independently of a building. The sign advertises goods and services which are at the location
on which the sign is located.
Illustration: Freestanding Sign
m) Home-Based Business Sign - means a commercially produced identification sign containing
the name of the home-based business, contact information and, the business logo,
associated with a permitted Type 2 or Type 3 Home-Based Business, but not including Type 1.
n) Identification Sign - means a sign which contains no advertising, but is limited to the name,
address, and/or number of a building, institution or person, or the activity carried out by that
person, or at that location.
Illustration: Identification Sign
o) Portable Sign - a sign on a standard, column or A-frame boards fixed to its own self-contained
base and capable of being moved manually, which is not attached to a building or to the
ground, or mounted on a vehicle, trailer or wagon and is easily and readily moved.
Illustration: Portable Sign
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p) Projecting Sign - means a sign other than a canopy sign or fascia sign which is attached to
and projects, more than 0.30 metres (1.0 feet) horizontally from a structure or building face.
Illustration: Projecting Sign
q) Real Estate Sign - means a sign advertising real estate (i.e. property) that is for sale, for
lease, or for rent.
Illustration: Real Estate Sign
r)
Temporary Sign - a sign other than a portable sign which is not permanently attached to a
supporting structure or building and is in place for less than 30 days.
Illustration: Temporary Sign
s) Vehicle Sign - a sign mounted, painted, placed on, attached or affixed to a trailer, freight
trailer, watercraft, truck, automobile, or other form of motor vehicle, that are not normally
used in the daily activity of the business and that is visible from a road as a means of
advertising.
Illustration: Vehicle Sign
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t)
Window Sign - a sign painted on, attached to or installed on a window intended to be viewed
from outside the premises.
Illustration: Window Sign
Administration
a) A Development Permit issued by the Development Authority is required for all signs, except for
Type 1 Signs and routine maintenance of a permitted sign, not including renovation,
alteration, or relocation.
b) A separate Development Permit for signage is not required if the proposed signs are detailed
in a Development Permit application for a separate proposed use on a parcel.
c) In cases where multiple signs are proposed on a parcel at once, one (1) Development Permit
is required that encompasses all of the proposed signage.
d) The Development Officer may refer any Development Permit application for a sign to the
Development Authority for a decision;
General Provisions
a) Any signage to be erected, enlarged, or structurally altered and which is proposed to be
located on privately owned lands shall comply with the provisions of this part whether or not a
Development Permit is required.
b) Temporary signs relating to a specific sale, event or work shall be removed by the advertiser
within 14 days after the completion of the sale, event, or work to which the sign relates.
c) All signs shall comply with applicable provincial legislation and approvals.
d) No sign shall be attached to equipment, including signage placed on, painted, or adhered
directly onto equipment including but not limited to motor vehicles, freight containers, trailers,
machinery, and shipping containers.
e) Maintenance
i.
All signs shall be of a quality construction and or a design suitable for public display;
ii.
All signs shall be kept in a safe, clean and tidy condition and may be required to be
renovated or removed if not properly maintained;
iii. Sign removal may be required by the Development Authority if the sign is not maintained
or is not deemed safe to the public.
f)
Safety and Nuisance
i.
Signs shall not be flood-lighted in such a manner as to cause visual distraction to
motorists;
ii.
All signage should be located or mounted such that there are no safety or visibility
concerns to both road and pedestrian traffic;
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iii. No sign shall employ any words (e.g., 'STOP', 'DANGER', YIELD'), revolving lights, flashing
or intermittent lights, or lights resembling emergency services, traffic signals, railway
crossing signals, hazard warning devices, or other similar appearance or lighting.
iv. No sign shall contain moving parts or emit amplified sounds or music;
v. No sign shall employ changeable content, animation, or pictorial scenes at a luminosity,
intensity and/or interval which may create a public hazard or nuisance;
g) A maximum of two (2) signs are allowed per parcel, except if the parcel is in an industrial or
commercial district, unless otherwise stated.
h) Location
i.
No sign shall be located within a public right-of-way or vehicle signs parked in a public
right-of-way, unless permitted by the County, Provincial Government, or Federal
Government.
ii.
No signs shall be erected on, affixed to or otherwise located on private property without
the consent of the owner;
iii. No sign shall be placed in a public road or laneway or sited in such a manner that the
sign causes confusion with or obstructs the vision of any information sign or a traffic
control sign, signal, light, or other traffic device;
iv. No sign shall use a motor vehicle or equipment (e.g., freight container, trailer, machinery,
shipping container, etc.), stationary or parked, as a structure for display.
v. No sign shall be located or placed in a manner that it will create a potential hazard or
conflict with rights-of-way, easements or the routing of any public utility, and will not
create a traffic hazard or obstruct the public's view of any other signage;
vi. No sign shall be located within 300.00 metres (984.00 feet) of a provincial highway and
within 800 metres (2625.00 feet) of a public road intersection that does not have the
written approval of Alberta Transportation.
i)
Illumination
i.
Lighting shall be positioned downward, have capacity to be dimmed, use shielded and
screened external light sources, positioned directly light onto sign and minimizing glare,
be suitably shielded from direct view if internal illumination provided, comply with Dark
Sky Guidelines.
ii.
No sign shall shine or reflect onto adjacent properties or roadway, have flickering or
strobe lights, or create hazards or nuisance.
iii. The Development Authority may regulate any component of a static or non-static
illuminated or digital sign, including the interval of operation, message duration,
luminosity, or other component as required.
Prohibited Signs:
a) Any sign promoting discrimination, intolerance, or hate is prohibited.
Regulations:
For the purpose of this Bylaw, the following classifications apply:
a) Sign, Type 1
Type 1 Signs are small signs for informational or directional uses and temporary
advertisement purposes, that do not require a Development Permit. Any signs not
meeting the regulations for Type 1 Signs require a Development Permit.
The following are classified as Type 1 Signs, subject to the listed standards:
Sign
Standards
A-Board
Size
Maximum Area: 0.8 m2
Maximum Height: 1.0 m
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Signs per site
Maximum of two (2) per business
Location
Signs must be located in proximity to the business advertised a minimum of 5.00
m from any other A-board sign
Illumination
Signs may not include Illumination or electronic display
Other
Used during permitted business hours
Animated
Size
Maximum Area: 0.8 m2 (9.00 ft2)
Signs greater than 0.8 m2 are Type 3
Banner, Temporary
Size
No maximum size if temporary and affixed to the flat surface of the building it is
advertising.
Location
Must be located on the façade of the building where the establishment is located.
Removal
Signs not removed after 30 days are Type 2
Construction
Size
Maximum Area: 0.80 m2 (9.00 ft2)
Removal
Sign must be removed once related construction is complete
Directional
Size
Maximum Area: 0.80 m2 (9.00 ft2)
Location
Sign may not be located on a public road right-of-way and landowner permission
must be obtained
Election
General
Signs must comply with provincial guidelines for election signs
Field Crop
Agricultural
Services
Size
Maximum Area: 3.00 m2 (32.00 ft2)
Location
Signs must be located adjacent to the crop they advertise and landowner
permission must be obtained.
Identification
Size
Maximum Area 0.80 m2 (9.00 ft2)
Other
Signs must not create impediments to site lines for motorists.
Real Estate
Size
Maximum Area: 0.80 m2 (9.00 ft2)
Maximum Height: 1.00 m (3.00 ft)
Removal
Signs shall be removed within seven (7) days of the final property sale.
Other
Signs may advertise a property for sale but may not advertise the services of a
realtor.
Window
Size
No maximum size for signs painted or pasted on window glass.
Animation
Signs less than 0.5 m2 (1.50 ft2) may be animated.
b) Sign, Type 2
Type 2 Signs are signs for temporary or permanent advertisement purposes that require a
Development Permit.
The following are classified as Type 2 Signs, subject to the listed standards:
Sign
Standards
Canopy
Size
May not be wider than the width of the establishment the Canopy Sign is
advertising.
Projection
Maximum 3.00 metres (10.00 feet)
Minimum 0.60 metres (2.00 feet) from building or structure
Clearance
Minimum 3.00 metres (10.00 feet) above grade
Location
Signs are only allowed in commercial, industrial, and institutional districts.
Illumination
Signs may not include illumination or electronic display.
Other
Signs must be attached to a building or structure.
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Banner
Size
Signs may not be wider than the width of the façade of the establishment the
canopy sign is advertising.
Location
Must be located on the façade of the building where the establishment is located.
Fascia
Size
Signs may not be wider than the width of the façade of the establishment the
canopy sign is advertising.
Projection
Maximum 0.30 m (1.00 ft) horizontally from the exterior wall of the building.
Location
Signs must be located on the façade of the building where the establishment is
located.
Freestanding
Size
Maximum Area: 1.50 m2 (16.00 ft2)
Maximum Height 1.50 m (5.00 feet)
Safety:
Signs must not create impediments to site lines for motorists.
Home-Based
Business
Size
Maximum Length: 1.00 m (3.50 ft)
Maximum Height: 0.60 m (2.00 ft)
Signs per site
Maximum one (1) per Home-Based Business
Other
No off-site advertisement signage associated with a Home-Based Business is
permitted.
Portable
Size
Maximum vehicle area 5.10 m2 (55.00 ft2 )
Maximum Height: 3.00 m (10.00 ft)
Safety
Signs must be securely attached to a structure.
Projecting
Size
Maximum Area: 2.00 m2 (22.00 ft2)
Maximum Height: 2.00 m (6.60 ft)
Projection
Maximum 2.00 m (6.60 ft) horizontally from building face
Minimum 0.30 m (1.00 ft) horizontally from building face
Clearance
Minimum 3.60 m (12.00 ft) above grade
c) Sign, Type 3
Type 3 Signs are large temporary or permanent signs for advertisement purposes with or
without digital features including Animation and Changeable Content.
The following are classified as Type 3 Signs, subject to the listed standards:
Sign
Standards
Animated
Size
Minimum Area: 0.8 m2 (9.00 ft2)
Billboard
Size
Maximum Area: 62.00 m2 (672.00 ft2)
Maximum Height: 12.00 m (40.00 ft)
Minimum Area: >28.00 m2 (>300.00 ft2)
Minimum Height: >3.00 m (10.00 ft)
Clearance
Maximum 4.60 m (15.00 feet) above grade
Location
No Billboard shall be erected within 300.00 m (984.00 ft) of an existing Billboard.
Illumination
Signs may be illuminated with Changeable Content.
Freestanding
Size
Maximum Area: 28.00 m2 (300.00 ft2)
Maximum Height: 3.00 m (10.00 ft)
Minimum Area: >1.50 m2 (>16.00 ft2)
Minimum Height: >1.50 m (>5.00 ft)
Clearance
Minimum 1.80 m (6.00 feet) above grade, unobstructed except for posts and
supports
Illumination
Signs may be illuminated with Changeable Content
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Soil Remediation
Soil remediation may be required as a condition of subdivision or development approval on
parcels where an environmental site assessment (ESA) has established the presence of
site contamination.
Remediation, may include, but is not limited to, physical removal of contaminated
groundwater and/or soil, natural attenuation, source removal, degradation by micro-
organisms or neutralization with chemicals that react with the contaminants to form
benign substances.
All costs of remediation shall be the responsibility of the developer / landowner.
Special Setback Requirements
Where more than one minimum setback distance is applicable under this Bylaw, the
greater distance shall prevail;
Attached decks that are less than 0.6m (2.0 ft.) above the ground may be constructed to
within 1.0 m (3.3 ft.) of a side or rear yard in all land use districts.
Attached decks that are greater or equal to 0.6m (2.0 ft.) above the ground must meet the
setback requirements of the land use district in which they are located.
Sightlines in a Hamlet
a) Development should occur in a manner so that there is no infringement onto roadways or
pedestrian network. It will also be located such that it does not impede visibility or safety on
municipal roadways.
b) Development shall occur a minimum of 3.0 m (9.84 ft) from the intersection of two or more
road rights-of-way (ie. No development shall occur within 3.0 m (9.84 ft) of a corner parcel.
Sightlines outside of a Hamlet
a) Development should occur in a manner so that there is no infringement onto roadways or
pedestrian network. It will also be located such that it does not impede visibility or safety on
municipal roadways.
b) Development shall occur a minimum of 22.86 m (75.0 ft.) from the intersection of two or
more road rights of way (ie. No development shall occur within 22.86 m (75.0 ft.) of a corner
parcel.
Illustration - Road Setbacks in Hamlets
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Environmental Considerations
a) On a lot adjacent to a water body such as a river, creek, and/or lake, a minimum setback of
30.48 m (100.0 ft) from the top of bank is required. The top of bank shall be determined by a
qualified professional licensed to practice in the Province of Alberta; and
b) Development adjacent to a slope of 15% or greater shall be setback a minimum of 30.48 m
(100.0 ft) from the toe of slope and top of slope (whichever is applicable to the application) or
the distance determined by a Geotechnical Report prepared by a qualified professional
licensed to practice in the Province of Alberta, whichever is greater.
Public Utilities and Services
a) All development shall comply with the applicable Provincial legislation and approvals with
respect to setback to public utilities and services unless the setback is varied by the
Development Authority with the written consent of the Minister of Environment and Parks; and
b) All Development must comply with Part 2 of the current Subdivision and Development
Regulation.
Pipelines and Oil & Gas Facilities
a) Development setbacks from sour gas facilities shall be consistent with the current Alberta
Energy Regulators (AER) code of practice and requirements of the Province shall be in
accordance with the Section 10(1) of the Subdivision and Development Regulations;
b) Setbacks from abandoned well sites shall be consistent with the recommendations and
requirements of the Alberta Energy Regulators (AER); and
c) In accordance with Section 11(1) of the Subdivision and Development Regulations, an
applicant and/or agent must provide information as to any abandoned well sites located on
the lands subject to a redesignation, subdivision, or Development Permit application being
submitted to the County for processing. Setbacks for abandoned well sites shall be consistent
with the recommendations and requirements of AER.
Historic Setbacks
a) The setbacks for buildings and structures constructed prior to June 3, 2003 or in accordance
with any Land Use Bylaw prior to June 3, 2003 are deemed to comply with this Bylaw.
Stripping and Grading
The Development Permits Not Required Section of this Bylaw outlines all provisions where
no Development Permit is required for Stripping and Grading. All other instances require a
Development Permit.
Positive drainage away from dwellings and accessory buildings of at least 2% (2.0 cm
vertically for every 1.0 m horizontally) must be maintained.
Each parcel located in a hamlet shall be graded so that stormwater does not drain onto
neighbouring properties. Every effort should be made to direct drainage towards storm
catch basins and drains (if in existence).
Within hamlets, the Development Authority may require a Qualified Professional to specify
an elevation at which any new development may be constructed in order to facilitate
proper site drainage and attachment to any existing or proposed sewer system.
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No development shall alter the natural drainage course without the consent of: Alberta
Environment, the County and other affected parties such as adjacent landowners.
The Development Authority may require, as a condition of a Development Permit,
redesignation, land use amendment, or subdivision, that a developer submit a stripping
and grading and/or drainage or stormwater management plan.
The Development Authority may require that a Qualified Professional prepare a required
stripping and grading and/or drainage and stormwater management plan.
Stripping and grading is considered a permitted use in every land use district of this Bylaw
which means any lot grading will require a Development Permit unless lot grading is part of
a signed development agreement or an application for another use which requires
stripping or grading of the land.
An application for a Development Permit with respect to stripping and grading shall include
engineered plans and a written description of the proposal describing:
a) The location and dimensions of the proposed disturbed area;
b) Existing conditions of the land including topography, vegetation, surface drainage patterns,
and water courses;
c) Any impact on existing drainage in terms of volume and flow rate;
d) Engineering analysis will be required for changing of existing drainage pattern;
e) Proposed access, haul routes and haul activities;
f)
Proposals for preventing nuisance from dust;
g) A site management plan that includes soil erosion control, weed control and general
vegetation management so as not to create a fire hazard or unsightly conditions;
h) A reclamation plan including the costs required to reclaim the property; and
i)
Written consent from Alberta Environment & Parks if a natural drainage course or wetland is
being affected.
Stripping and Grading shall, to the highest extent practical, retain the natural contours of
the land, minimize the necessity of retaining walls or other controlling structures and
ensure positive drainage to appropriate receiving water courses. If a person alters the lot
drainage on a property so that water drains onto adjacent parcels, that person shall be
responsible for corrective drainage structures, including retaining walls, to divert the water
from the adjacent properties.
Topsoil may only be relocated from one property to another in accordance with a
Development Permit, subdivision approval, or development agreement unless the
Development Authority provides an exemption.
The Development Authority, after completion of a site inspection, may choose to notify
Alberta Environment & Parks and other appropriate regulatory bodies regarding potential
stripping and grading if it appears to contradict provincial policies on wetland protection.
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Telecommunication Tower
Telecommunication towers, structures, and antenna systems are subject to federal
authority and regulations. The County may be consulted and provided the opportunity to
provide input on telecommunication tower applications. See Section 4.2 Development Not
Requiring a Development Permit.
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SPECIFIC USE REGULATIONS
Backyard Hens
This section of the Land Use Bylaw is intended for the personal use and keeping of Backyard Hens and
does not include Agricultural Operations, as defined herein. Where Backyard Hens are proposed, the
use includes a Coop.
Development Permit Application Requirements
a) A site plan clearly showing the location, size, and orientation of the Coop, as well as any
storage or facilities that will support the maintenance of the Backyard Hens and Coop.
General Requirements
a) Each Backyard Hen must be provided with food, water, shelter, light, ventilation, care, and
opportunities for essential behaviors such as scratching, dustbathing, and roosting, all
sufficient to maintain the hen in good health.
b) Backyard Hens shall be secondary to the residential use of the parcel.
c) Backyard Hens shall not be permitted to run at large and must be maintained within a Coop
enclosure at all times.
d) Applicants shall keep a minimum of two (2) and not more than six (6) Backyard Hens.
e) The keeping of roosters is prohibited.
f)
The sale of eggs, manure, meat, or other products derived from Backyard Hens is prohibited.
g) The storage of feed must be kept in a fully enclosed airtight container.
h) Manure that is intended for backyard composting or fertilizing shall be kept within a fully
enclosed structure and no more than three (3) cubic feet (0.085 m³) of manure may be
stored at any time.
i)
Slaughtering or disposing of Backyard Hens on the property is prohibited.
Coop Standards and Requirements:
a) The Backyard Coop must remain in good repair and sanitary condition, and free from vermin
and noxious or offensive smells and substances.
b) Each Backyard Hen must be provided with a minimum interior floor area of 0.37 m² (3.98 ft²),
and a minimum enclosed exterior floor area of 0.92 m² (9.9 ft²), within the Coop.
Preamble
This section of this Bylaw contains specific use regulations that outline additional regulations
for particular uses that may occur in various districts. The uses included in this section require
additional regulations to the ones contained in the districts. In addition to all applicable
General Regulations, the Specific Use Regulations also apply to the uses contained within this
Part 8.
Note: The text contained within this box does not form part of this Bylaw and is only provided as context
for the reader.
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c) At least one nest box per Backyard Coop and one perch per hen, that is at least 15 cm (5.9
inches) long must be provided and maintained in the Backyard Coop.
d) Manure and left-over feed must be removed, discarded, and/or properly composted to
prevent nuisance to neighboring properties.
Bed and Breakfast
Bed and breakfast must have one of the following housing types: Dwelling, Single
Detached, Dwelling, Modular.
A bed and breakfast is to be operated by the live-in-owner.
A bed and breakfast will provide short-term accommodation to patrons for a maximum stay
of 30 days.
The bed and breakfast will not change the external appearance of residence or property.
A bed and breakfast cannot be located on a property where there currently exists one of
the following:
a) Home-Based Business Type 3
b) Dwelling, Secondary Suite
Campgrounds
The following shall apply to all campgrounds:
a) Adjacent site conditions, the interface with neighboring uses, accessibility to natural areas,
physical suitability, serviceability and environmental protection will be key considerations
when determining the appropriateness and suitability of a site for a proposed campground
development;
b) Public road access to a proposed campground shall be required, as a condition of
development approval, to be constructed or upgraded to a condition acceptable to the
County;
Table - Requirements for a Campground (minor) Development.
Maximum Length of Stay
21 consecutive days
Maximum Number of Sites
25 sites maximum
Season
April 1st - October 31st
Parking
1 stall per overnight site available at camp site; or 1.5 stalls per overnight site if a day-
use area exists.
Year Round Storage of Recreational Vehicles
Not allowed
Table - Requirements for a Campground (major) Development.
Maximum Number of Sites
At the discretion of the Development Authority
Season
Year-Round
Staff
One full-time staff member is required to be on site at all times during the campground's
season as outlined in the Development Permit.
Parking
1 stall per overnight site available at camp site;
or 1.5 stalls per overnight site if a day-use area exists.
Year Round Storage of Recreational Vehicles
Allowed
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Cannabis Production Facility and Cannabis Cultivation
In addition to all other applicable General Regulations listed in the Bylaw, the following
provisions shall apply to Cannabis Production Facilities and Cannabis Cultivation:
a) A Cannabis Production Facility and/or Cannabis Cultivation Site for the purpose of this Bylaw
means the lot(s) or parcel(s) on which the Cannabis Production Facility and/or Cannabis
Cultivation is located or is proposed to be located;
b) A Cannabis Production Facility shall be the primary use of the lot(s) or parcel(s);
c) There shall be no outdoor storage of goods, material or supplies;
d) A Cannabis Production Facility and/or Cannabis Cultivation shall not be located within 150 m
(492.1 ft.) of a parcel used for a School, Child Care Facility, Day Home, or similar use
associated with the caring or congregation of children or minors;
i.
The 150 m (492.1 ft) shall be measured from the boundary of the proposed development
area to the property line of the School, Child Care Facility, Day Home, or similar use
associated with the caring or congregation of children or minors.
e) A Cannabis Production Facility and/or Cannabis Cultivation shall not be within 100 m (328.1
ft.) of a Dwelling as measured from the boundary of the proposed development to the
Dwelling;
f)
The Cannabis Facility and/or Cannabis Cultivation must be serviced with suitable water and
waste water, as determined by the Development Authority. A commercial water well license
may be required or a condition of Development Permit approval when municipal servicing is
not available;
g) A waste management plan shall be submitted with an application for a Development Permit;
h) Where onsite illumination is required, all lighting shall be positioned in such a manner that
lighting falling onto abutting properties is minimized and shall be in accordance with the Dark
Sky Considerations Section of the Land Use Bylaw;
i)
An environmental study, site assessment, wetland impact assessment or biophysical impact
assessment may be required, at the discretion of the Development Authority, if the proposed
redesignation or development permit application is located within or adjacent to an
environmentally sensitive area, as per Provincial regulations;
j)
A detailed description of the facility, including the proposed building/structures, types of
production/cultivation, distribution and shipping methods, etc. that will take place on the site
shall be completed to the satisfaction of the Development Authority;
k) A landscape and screening plan prepared by a Qualified Professional may be requested by
the Development Authority;
l)
Cannabis products must not be smoked, ingested, or otherwise consumed on the premises of
a cannabis production facility;
m) A Cannabis Production Facility and/or Cannabis Cultivation shall not produce any off-site
nuisances including but not limited to odour, dust and noise.
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Cannabis Store
In addition to all other applicable General Regulations listed in the Bylaw, the following
provisions shall apply to Cannabis Stores:
a) Cannabis shall not be consumed in a Cannabis Store;
b) Cannabis Store must comply with Provincial Minimum setbacks;
c) Prior to operation of the Cannabis Store, the provincial license must be provided to the
County.
Condominium Development
Bareland condominiums may be authorized in land use districts where the proposed
development fully complies with the rules and regulations of that district.
Development of land within a bare land condominium shall be considered the same as the
development of land within a fee simple subdivision, with each condominium unit treated
as an individual lot.
Notwithstanding side yard setback requirements in each land use district, the side yard
setbacks will not apply to the common wall side of a structure where a condominium
building has a common wall.
Improvements that are required to service bareland condominium development shall be in
accordance with County standards.
A bareland condominium project shall ensure that each proposed condominium unit is
accessed by a public roadway, condominium common property, or a unit characterizing
condominium common property.
The Condominium Association and/or registered landowner in a condominium
development shall be responsible for ensuring all conditions of the approved Development
Permit are completed to the satisfaction of the County and remain unaltered.
*Please note that this Bylaw takes precedent over all condominium bylaws and/or architectural controls
and that the County has no legal ability to enforce condominium association bylaws. Condominium bylaws
are not relevant considerations to a Development Authority when making a decision on an application.
Confined Feeding Operation
The Natural Resources Conservation Board (NRCB) has full authority over Confined
Feeding Operations (CFO) and manure storage facilities. Applicants/landowners are
responsible for obtaining the necessary licenses, permits, and approvals required by the
NRCB under the Agricultural Operation Practices Act.
The County may choose to provide comment to the NRCB on any proposed new or
expanded CFO(s) in alignment with the County's Municipal Development Plan.
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Dwellings
General Regulations:
a) No Dwelling shall be smaller than 121.92 m (400.00 square feet) in gross floor area unless
specifically noted within a Direct Control (DC) District.
b) Shipping Containers shall not be used as a dwelling on a parcel.
c) Recreational Vehicles shall not be used as a dwelling on a parcel.
Dwelling, Accessory
General Regulations:
a) Existing Dwellings:
When an existing dwelling is not one of the allowable housing types identified in the Dwelling,
Primary definition (Dwelling, Single Detached, Dwelling Moved-On or Dwelling, Modular) OR an
existing dwelling is one of the allowable housing types but is smaller than a new dwelling;
i.
The applicant may apply for a permit to construct or place on the property a Dwelling,
Primary (Dwelling, Single Detached, Dwelling Moved-On or Dwelling, Modular) and
ii.
As stipulated as a condition of approval for the new Dwelling, Primary, construction shall
not commence until a Development Permit has been obtained for the existing dwelling to
be issued a permit as a Dwelling, Accessory.
If for any reason the Dwelling, Primary is not constructed, the permit for the Dwelling,
Accessory will be cancelled. See the Suspension or Cancellation of a Development Permit
section for further information.
b) A Dwelling Accessory:
i.
Shall meet applicable Safety Codes and will require a Building Permit
ii.
Shall not be located on a property that already has a secondary suite
iii. Shall have adequate water and sewer either through a shared or individual system
iv. Shall be located within a building other than the primary dwelling or as a detached
standalone unit. For example: A Dwelling, Accessory may be built on top of an accessory
building or garage
v. Shall require its own municipal address
vi. Shall require one additional parking space for the residents
vii. Shall follow the height and setback regulations in the applicable land use district, except
where otherwise noted in this Bylaw.
Size:
a) Outside of a hamlet the total area of a Dwelling, Accessory will be no more than 80% of the
total area of the primary dwelling. Total area calculation includes all floors of the dwelling unit
including enclosed decks, additions, and attached garages, but excludes basements.
b) Inside a hamlet the Dwelling, Accessory shall be smaller than the primary dwelling and shall
not exceed 74.32 m² (800.0 ft²). Total area calculation includes all floors of the dwelling unit
including enclosed decks, additions, and attached garages, but excludes basements.
c) A Dwelling, Accessory will count as part of the total lot coverage for the land use district, such
as Hamlet Residential or Country Residential.
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Location:
a) The Dwelling, Accessory shall be a minimum of 3.05 m (10.0 ft) from the primary residence.
Design:
a) A Dwelling, Accessory will contain at least two rooms and will include a kitchen, washroom
and sleeping area.
b) Wherever possible, the windows and doors on a Dwelling, Accessory should be located away
from yards of adjacent properties to protect privacy.
Additional Considerations:
a) In considering a Development Permit application for a Dwelling, Accessory, the Development
Authority has the discretion to consider such factors as:
b) The effect of a Dwelling, Accessory on the character of a neighborhood and the cumulative
effect of an additional dwelling within a specific location.
c) The similarity of the Dwelling, Accessory to the principal dwelling or adjacent properties in
architectural design, character, and appearance. For example: exterior wall materials,
window types, door and window trims, roofing materials, and roof pitch.
d) The location of the Dwelling, Accessory with preference for its close proximity to the principal
dwelling so as to appear as a related building.
e) The use of a shared approach.
f)
The availability of outdoor yard space that is useful for the residents of the Dwelling,
Accessory.
g) The provision of landscaping or screening to provide privacy between the Dwelling, Accessory
and adjacent properties and dwellings.
h) Other such considerations as the Development Authority may deem to be relevant
Existing Temporary Dwellings or Existing Dwelling, Manufactured to be utilized as a
Dwelling, Accessory:
a) At the discretion of the Development Authority, an existing Temporary Dwelling or an existing
Dwelling Manufactured may be issued a permit as a Dwelling, Accessory even though it does
not meet all of the provisions of this bylaw but will be evaluated in consideration of the
following:
i.
The existing dwelling was onsite prior to the date of the adoption of the current Land Use
Bylaw.
ii.
There have been no complaints from adjacent residents regarding the existing dwelling
iii. The existing dwelling has been well maintained and repaired as required
iv. The Development Authority may require a Safety Codes Inspection of an existing dwelling
if deemed necessary.
Dwelling, Manufactured
The Development Authority reserves the right to refuse a Development Permit for a
manufactured dwelling that is of poor appearance or conditions.
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The placement of a manufactured dwelling on a foundation or base must be done in
accordance with the requirements of the Alberta Safety Codes Act and is the responsibility
of the owner.
The roofline of any addition to a manufactured dwelling shall not exceed the maximum
building height of the district where the manufactured dwelling will be relocated to.
All manufactured dwellings shall be skirted from the ground to floor level with a durable
finish that complements the existing exterior finish of the manufactured dwelling.
For used manufactured dwellings, a financial security shall be taken as per the Wheatland
County Master Fee Schedule. This shall be refunded once all applicable conditions of the
Development Permit are met and all exterior features are completed to the satisfaction of
the Development Officer.
Dwelling, Manufactured 1
All Manufactured Dwelling(s) 1 shall have Canadian Standards Association (CSA)
certification and meet A277 standards. This information must be provided with a
Development Permit application in the form of a picture of the related sticker.
Dwelling, Manufactured 2
Applications for a Development Permit for a Manufactured Dwelling 2 shall include:
a) A pre-application inspection report that is prepared by a registered engineer or a Safety Codes
Officer at the expense of the applicant. The pre-application inspection report must identify the
dwelling's structural integrity and suitability to be relocated into the County, providing
recommendations on the dwellings overall condition and any updates or renovations that
must be made; and
b) Colour photographs of all elevations (i.e., front, side, and rear view) and additions to the
manufactured dwelling.
Dwelling, Modular
All modular dwellings shall have Canadian Standards Association (CSA) certification and
meet A277 standards. This information must be provided with a Development Permit
application in the form of a picture of the related sticker.
The Development Authority reserves the right to refuse a Development Permit for a
modular dwelling that is of poor appearance or conditions.
The placement of a modular dwelling on a foundation or base must be done in accordance
with the requirements of the Alberta Safety Codes Act and is the responsibility of the
owner.
The roofline of any addition to a modular dwelling shall not exceed the maximum building
height of the district where the modular dwelling will be relocated to.
All modular dwellings shall be skirted from the ground to floor level with a durable finish
that complements the existing exterior finish of the modular dwelling.
For used modular dwellings, a financial security shall be taken as per the Wheatland
County Master Fee Schedule. This shall be refunded once all applicable conditions of the
Development Permit are met and all exterior features are completed to the satisfaction of
the Development Officer.
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Dwelling, Moved On
All moved on dwellings are subject to an approved Development Permit.
All applications to relocate a building/structure shall be accompanied by a series of
photographs including all four sides of the building and the interior taken within 30 days of
receipt of a complete application.
For all moved on dwellings, a financial security shall be taken as per the Wheatland County
Master Fee Schedule. This shall be refunded once all applicable conditions of the
Development Permit are met and all exterior features are completed to the satisfaction of
the Development Officer.
Dwelling, Secondary Suite
All secondary suites require a Development Permit.
All secondary suites must conform to the Alberta Safety Codes Act.
Only one secondary suite per parcel is allowed.
A secondary suite will not be allowed on a parcel with an existing Dwelling, Accessory.
Secondary suites are to be located within the primary residence.
Dwelling, Temporary
A Development Permit shall only be issued for a Dwelling, Temporary in a Land Use District
in which a Dwelling, Temporary is a prescribed use, providing that:
a) A building permit has been issued for the primary dwelling on the same parcel;
b) The term of the Development Permit for the Dwelling, Temporary does not exceed 24 months;
c) The Development Permit for the Dwelling, Temporary contains a condition that requires the
Dwelling, Temporary to be removed from the parcel within 30 days of the first residential
occupancy of the primary dwelling.
A Dwelling, Temporary Permit shall only be issued for a manufactured home as defined as
a Dwelling, Manufactured or a Dwelling, Relocatable Industrial Accommodation as defined
in the Definitions section of the Bylaw.
A Dwelling, Manufactured to be used as a Dwelling, Temporary shall meet all of the rules
and regulations of the Dwelling, Manufactured section of the Bylaw.
Dwelling, Temporary Development Permits shall only be issued for the purpose of providing
temporary accommodation while a primary dwelling is being constructed on a parcel.
Home-Based Business
A Home-Based Business will be reviewed and classified according to the table below.
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Table - Home-Based Business Standards
Home-Based Business
Type 1
Example: Home Office
Home-Based Business
Type 2
Example: Service-Oriented
Home-Based Business
Type 3
Example: Contractors
Development Permit
Required
No
Yes
Yes
Site Plan Required
No
Yes
Yes
Landscaping / Screening
Required
No
Yes
Yes
Non-Resident Employees
None
Up to 2
Up to 4
Commercial Vehicles
and/or Trailers
1 Business Related Vehicle
Maximum
Up to 2
Up to four (4) Business Related
Vehicles
Customer Traffic
Generation
Up to two (2) business
related visits per day on
average.
Up to five (5) business
related visits per day on
average.
At the discretion of the
Development Authority
Outside Storage
None
None
At the discretion of the
Development Authority.
Minimal outdoor storage may
be allowed.
Accessory Building /
Structure
Maximum of 1
Maximum of 1
Maximum of 1
Parking Stalls
None
One (1) per employee plus
one (1) for customers
One (1) per two employees, one
(1) per commercial vehicle, one
(1) for customers
Note: The Purpose of Home-Based Businesses is to accommodate small, non-intrusive, low risk, low intensity developments
that can be integrated into and are compatible with adjacent non-commercial or non-industrial sites. Uses that exceed the
business standards of a Home-Based Business should be more appropriately located within an alternative and compatible land
use district (i.e. Rural Business, Highway Commercial or Industrial General).
General Regulations
a) A Type 1 Home-Based Business does not need a Development Permit. However, a Type 2 &
Type 3 Home-Based Business will need development permits.
b) No more than one Type 2 or one Type 3 Home-Based Business is allowed on a parcel.
c) The applicant must occupy the residence for which the permit has been issued.
d) The term of a temporary development permit issued for a Home-Based Business shall be for
two (2) years for a maximum two (2) year term. Subsequent renewals may be issued for a
maximum 5 year term at the discretion of the Development Authority.
e) An approved Permitted or Discretionary use Development Permit may be re-issued by the
Development Officer for a Home-Based Business for a subsequent term if the following
conditions have been met:
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i.
The Home-Based Business is applying for a renewal of its Development Permit prior to
the expiry date;
ii.
There has been no changes to the Home-Based Business from the previous application;
iii. There are no enforcement orders or complaints related to the Home-Based Business.
f)
If a previously approved Permitted or Discretionary Use Development Permit does not fit all of
the criteria listed above, the Development Officer may refuse the renewal of the temporary
Development Permit or refer it to the Municipal Planning Commission for a decision.
Neighbouring Properties
a) A Home-Based Business should not negatively affect neighbouring residences with lighting,
noise, vibration, smoke, dust, odour, or other nuisances.
b) A Home-Based Business should not negatively affect the livability or enjoyment of
neighbouring properties.
Signage
a) See the Signage section for more details.
Specific Regulations
a) Home-Based Business - Type 1
i.
The business activities can occur in both the residential home and accessory buildings
such as a garage.
ii.
The business should not change the external appearance of the residence, buildings or
land.
iii. Examples include, but are not limited to: bookkeeping, online sales, or graphic design.
b) Home-Based Business - Type 2
i.
The business activities can occur in both the residential home and accessory buildings
such as a garage.
ii.
The business should not change the external appearance of the residence, buildings or
land.
iii. Examples include, but are not limited to: a hairdresser, massage services, legal services
or accounting.
c) Home-Based Business - Type 3
i.
The business can occur in both the residential home and accessory buildings such as a
garage.
ii.
The business should not significantly change the external appearance of the residence,
buildings or land to the point where the primary residential use is not apparent. A
business that becomes the primary use of the site in appearance or use will not be
permitted.
iii. Examples include, but are not limited to: a small-scale landscaping company, trades, or a
mechanical/welding services.
iv. Some outdoor storage is allowed however a site plan would be required. Requirements
for outdoor storage include the following:
-
The site plan will include the dimension of the storage area including the length,
width and total area.
-
Should the outdoor storage exceed the total area provided by the applicant the
permit would become void.
-
The applicant will be required to screen and fence any outdoor storage areas
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Animal Services
General Regulation
a) Animal Services are not allowed in residential hamlet districts, except as a Home-Based
Business for non-overnight grooming.
b) Animal Services as a Home-Based Business Type 2 or Home-Based Business Type 3 may be
permitted, subject to Section 8.15.
c) A maximum of one (1) Animal Services operation, including as a Home-Based Business, is
allowed per parcel.
d) Applications for an Animal Services operation may require a Landscaping Plan, Manure
Management Plan, Noise Management Plan, and a Parking Plan.
e) All Animal Services are to operate in a manner acceptable to Alberta Health Services
Animal Services Facility Requirements
Site Plan Requirements
-North arrow
-Location of dwelling,
garage and all accessory
buildings
-Parking designated for
residential and business
use
-Location of future
landscaping
-Location of future
screening/ fencing
-Location of outdoor
storage, including
dimensions and total
area
-Location of business
sign
Illustration - Sample Home-Based Business Site Plan
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a) Any building or exterior exercise area(s) used for the animals need to be at least 76.2 metres
(250.0 ft) away from any neighboring homes, excluding Animal Services operating as a Home-
Based Business.
b) Buildings or exterior exercise area(s) may not be located in the front yard.
c) Outdoor areas including exterior exercise areas or parks must be enclosed by a fence.
d) Screening and landscaping may be required.
Second Dwellings
A second dwelling will be allowed if the conditions below are met:
a) The parcel must be zoned Agricultural General (AG) district; and,
b) The parcel must be equal to or larger than 32.4 ha (80.0 ac).
Shipping Containers
A Shipping Container shall only be located on a parcel where there is an existing principal
use
Shipping Containers shall only be allowed in the land use districts where they are listed as
a permitted or discretionary use. For Shipping Containers located on a parcel for less than
sixty (60) days, see the Development Permits Not Required section of the Bylaw.
Shipping Containers shall be used for storage purposes only and shall not contain any
dangerous or hazardous materials
The Development Authority may require as a condition of approval that any shipping
container must be painted to match the color(s) of the principal building or be sandblasted
and/or painted to the satisfaction of the Development Authority.
The Development Authority may require as a condition of approval that any shipping
container must be screened from the view of adjacent dwellings or public roads.
Shipping Containers shall not be used as a method of screening additional uses on a
parcel.
Shipping Containers shall not be used as a dwelling unit.
Shipping Containers shall not display advertising, company logos, names or other
marketing without an approved sign permit.
A development that proposed to convert a shipping container to a use other than storage
may be required to meet all applicable building and safety code requirements.
Shipping Containers must follow the rules and regulations for each specific land use
district in the table labeled below:
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Maximum Number of Shipping
Containers Allowed (if
approved)
Stacking of Shipping
Containers Permitted
Painting Required As
Condition of Development
Permit
Agricultural General (AG)
District
5
No
No
Country Residential (CR)
District
3
No
As Determined by the
Development Authority
Rural Business (RB) District
5
No
Yes
Commercial Highway (CH)
District
1
No
Yes
Industrial General (IG) District
No maximum
Yes (maximum of four shipping
containers in height)
No
Intensive Industrial (II)
District
No maximum
Yes
No
Public Utility (PU) District
2
No
Yes
Hamlet Commercial (HC)
District
1
No
Yes
Hamlet Industrial (HI) District
2
No
No
Table: Shipping Container Rules & Regulations
Solar Panel, Ground Mount
This section of the Land Use Bylaw is intended for Solar Panel, Ground Mount installations
for large scale, commercial solar facilities. The project area is defined as the land within
the fenced area of the solar facility containing all panels and related infrastructure.
Solar Panel Ground Mount Installations for Business Entities, whose primary purpose is
energy generation, must adhere to the setbacks listed in the table below.
a) Setbacks:
Provincial Highways
Alberta Transportation's Discretion
Between Structures
A minimum of 1.52 m (5.0 ft) between accessory structures and buildings.
Public Road Right of Way
A minimum setback from the right-of-way of a public road to the project area of a Solar Facility
shall be 22.86 m (75.0 ft.).
Residential Dwellings
A minimum of 175 m (574.0 ft) from a dwelling.
Property Boundary
A minimum of 6.10 m (20.0 ft) from the project area of a Solar Facility.
For development of Solar Panels, Ground Mount 10.0 m² (100.0 ft²) and over in size, the
following provisions shall apply as part of the application process:
a) A scaled site plan illustrating the panels proposed location in relation to any other structures
on the titled parcel;
b) The site plan and development of the Solar Panels, Ground Mount shall comply with all
required setbacks to roadways, structures, utility right of ways and property lines as
prescribed in the table above;
c) Manufacturers specifications for systems design and rated output shall be submitted as part
of the application;
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d) Wire service provider approval for solar collectors that are proposed to be connected to
provincial power/electrical grid;
e) Alberta Utilities Commission approval, where required, for solar collectors that are proposed
to be connected to the provincial power/electrical grid.
Requirements for noise control shall be determined in accordance with current AUC Rule
012: Noise Control requirements (or any successor regulation) and not by any regulation
established by the municipality.
Summary and details of public consultation undertaken to date. At the discretion of the
Development Authority, further public engagement or consultation may be required to
meet the County's Public Engagement policies.
Solar Panels for non-business entities or business entities that have a primary purpose
other than energy generation must meet the setback requirements of the applicable land
use district.
Solar Panels, Ground Mount and associated equipment which covers a total area of less
than 10.0 m² (100.0 ft²) and meets the height and setback requirements of the applicable
district do not require a Development Permit; see the Development Permit Not Required
section for more information.
Solar Panel, Structure Mount
For the development of Solar Panels, Structure Mount that are non-business entities or
business entities that have a primary purpose other than energy generation that exceed
any of the provisions as per the Solar Panels section for Development Permit Not
Required, the following provisions shall apply as part of the application process:
a) Solar Panel, Structure Mount shall comply with all Alberta Building Code requirements, and
ensure the roof and or wall and support structure is reinforced, braced, or constructed to
handle the weight and design of the Solar Panel, Structure Mount;
b) A detailed site plan shall show to scale the following:
i.
Setbacks of the structures and the proposed Solar Panel, Structure Mount at the
maximum projection from the Structure, from all relevant property lines and rights of way;
ii.
Setbacks from the Solar Panel, Structure Mount at the maximum projection from the
structure to adjacent structures and or buildings within the parcel;
iii. Setbacks from the Solar Panel, Structure Mount at the maximum projection from the
structure to adjacent residential dwellings, and the property line(s) of designated
residential or hamlet parcels.
Wind Energy Conversion Systems, Category 1 (WECS)
This section of the Land Use Bylaw is intended for applications for WECS for business
entities that have a primary purpose other than energy generation and whose proposal
exceeds any of the provisions of the Development Permit Not Required section of the Land
Use Bylaw.
If the proposed WECS Micro or Category 1 exceed any of the rules and regulations
prescribed in the Development Permits Not Required Section for WECS micro and or
Category 1 WECS, the following supplemental information will be required as part of the
Development Permit application:
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a) All proposed WECS Micro(s) and Category 1 shall be commercially manufactured and
applications shall include the manufacturers make and model number;
b) The Manufacturers specifications indicating:
i.
The WECS Micro(s) and Category 1 rated output in kilowatts;
ii.
Safety features and sound characteristics;
iii. Type of material used in tower, blade, and or rotor construction;
iv. Blade diameter and rotor clearance.
c) Tower height of the WECS Micro(s) and Category 1;
d) Identify any potential for electromagnetic interference;
e) Nature and function of over speed controls which are provided;
f) Specifications on the foundations and or anchor design, including location and anchoring of
any guy wires;
g) Information demonstrating that the WECS Micro and Category 1 will be used primarily to
reduce on-site consumption of electricity;
h) Engineered plans, prepared by a qualified professional, for WECS Micro(s) and Category 1
that are mounted or attached to any building demonstrating that the building can structurally
support the WECS Micro and Category 1;
A site plan shall also be submitted as part of the application, acceptable to the
Development Authority indicating:
a) The exact locations of the WECS Micro and Category 1 on the parcel and all buildings,
structures, registered easements, right of ways, and any overhead utilities, dimensioned to
the property lines and drawn to a satisfactory scale;
b) All setbacks from the WECS Micro and Category 1 to the property lines and existing
structures, public road right of ways and provincial right-of-ways;
WECS Micro shall not exceed 60 dB(A), or in excess of 6 dB(A) above the background
noise, whichever is greater. The level, however, may be exceeded during shot-term events
including utility outages and severe windstorms;
The WECS Micro and Category 1 tower and supporting systems and structures shall be
painted a single, neutral, non-reflective, non-glossy color, that to the extent possible,
visually blends the systems with the surrounding natural and built environments;
The WECS Micro and Category 1 shall not be artificially illuminated except as required by a
federal or provincial agency or department;
Prior to the installation of the WECS Micro and Category 1, all relevant federal and
provincial permits and permissions, electrical permits, if applicable, shall be obtained;
All components of the WECS Micro and Category 1, including electrical components, shall
comply with the Canadian National Standards and shall bear the appropriate certification
marks;
Roof mounted WECS Micro and Category 1 shall comply with all Alberta Building Code
requirements, and ensure the roof and support structure is reinforced, braced, or
constructed to handle extreme weather conditions and the weight and vibrations of the roof
WECS Micro and Category 1 system;
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Wind Energy Conversion Systems, Category 2 (WECS)
The following guidelines will apply to WECS Category 2 for business entities, whose primary
purpose is energy generation.
WECS Category 2 applications must adhere to the setbacks listed in the table below.
a) Setbacks:
Provincial Highways
Alberta Transportation's Discretion
Between Structures
The turbine height of the WECS tower, plus the turbine arc radius, plus 10.0 m (33.0 ft) between
other associated structures.
Public Road Right of Way
1) A minimum of 38.1 m (125.0 ft) from the base, or
2) 2 x the total height of the tower from any road right-of-way, whichever is greater.
Residential Dwellings
1) A minimum of 45.72 m (150.0 ft) from the base, or
2) 2 x total height of the tower, whichever is greater.
Property Boundary
A minimum of 7.62 m (25.0 ft) from the vertical projection of the furthest extent of the outside
rotor's arc to the of the property boundary line.
b) If in the opinion of the Development Authority, the setbacks are not sufficient to reduce the
impact of a WECS Category 2 from any roadway, boundary or dwelling, the Development
Authority may increase the requirement.
Safety Considerations
a) Minimum Blade Clearance shall be at least 7.62 m (25.0 ft) to the ground;
b) All power lines on the WECS Category 2 site(s) between towers and/or substation facilities will
be underground except where the Development Authority approves overhead installation;
c) All WECS shall be finished in a non-reflective matte finish;
d) All WECS applicants shall provide proof of Fall Protection and High Angle Rescue Certification,
or equivalent certification, to the satisfaction of the Development Authority.
e) All WECS applicants may require additional safety certification or training to the satisfaction of
the Development Authority.
Environmental Considerations
a) Provision of any federal or provincial environmental site assessment or impact assessment
reports as approved and reviewed by AEP and AUC if applicable;
b) All lighting must be in accordance with the Dark Sky Considerations of the Land Use Bylaw, as
amended.
c) Provision of any wildlife or environmental studies as approved by AEP and AUC, if applicable;
Residential Setback Requirements
a) The Applicant shall provide a map showing the distances between the proposed WECS
Category 2 in relation to nearby residential and hamlet designated parcels, and adjacent
dwellings. The setbacks from the furthest extent of the facility, and its associated
infrastructure, must meet the minimum Site Regulation setback requirements as prescribed
in the table above.
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Signage
a) A signage plan for the security and safety of County residents shall be provided at the time of
Development Permit application to show where notices and warning signs shall be posted
that notify the public of the WECS Category 2 operation.
Landscaping and Screening Standards
a) At the discretion of the Development Authority, a landscaping and or screening plan may be
required for the proposed site prepared by a professional Landscape Architect, and expected
to meet requirements as set out 'Landscaping, Fencing, and Screening,' Section of the Land
Use Bylaw.
Haul Route
a) The proposed Haul Route shall be provided to the County at the time of development permit
submission.
b) Haul route agreements and a security deposit collectable by the Public Works Department for
the County roads affected by the hauling route shall be required.
Abandonment or Termination
a) Upon abandonment or termination of a WECS tower, the site and soils shall be restored to its
preconstruction condition; and
b) The Development Authority may require a decommissioning plan be submitted in support of
the application.
c) No WECS system shall cause electromagnetic interference.
d) All WECS systems must comply with all provincial legislation and guidelines.
e) Any other requirement deemed necessary by the Development Authority.
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LAND USE DISTRICTS
Agricultural General District (AG)
Purpose and Intent
The purpose and intent of this district is to promote and accommodate agricultural land uses that support the
goals and objectives of the Municipal Development Plan and preserve the agrarian character of the County.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building / Structure
Abattoir
Agricultural Operation1
Agricultural Processing - Major
Agricultural Processing - Minor
Animal Services
Dwelling, Clustered Farm
Bed and Breakfast
Dwelling, Manufactured 1
Cannabis Cultivation
Dwelling, Modular
Composting Facility
Dwelling, Moved On
Day Home
Dwelling, Secondary Suite
Dwelling, Accessory
Dwelling, Single Detached
Dwelling, Manufactured 2
Farm Building
Dwelling, Temporary
Greenhouse, Private
Equestrian Centre
Home-Based Business, Type 2
Farm Gate Sales
Shipping Container
Greenhouse, Public
Sign, Type 2
Home-Based Business, Type 3
Solar Panel, Ground Mount1
Nursery
Solar Panel, Structure Mount1
Shooting Range, Minor
Stripping and Grading1
Rail Spur
WECS (micro)1
Sign, Type 3
WECS (Category 1)1
Solar Facility2
Stockpile
Tower
WECS (Category 2)2
Notes:
1 - See Development Permits Not Required Section
2 - See Specific Use Regulations Section
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Parcel Size
1.
2.02 ha (5.0 ac) or greater.
2.
The area in title at the time of passage of this Bylaw
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Maximum Parcel Size
None
Maximum Lot Coverage
No buildings, structures or impervious surfaces shall cover more than 40% of the lot
area unless otherwise stated in the LUB.
Setback Between Buildings / Structures
A minimum of 1.52 m (5.0 ft)
Front Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal subdivision road.
A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and Category 1, and
Solar Panel, Ground Mount, unless abutting the right-of-way of a public road
Side Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal subdivision road.
A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and Category 1, and
Solar Panel, Ground Mount, unless abutting the right-of-way of a public road
Rear Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and Category 1, and
Solar Panel, Ground Mount, unless abutting the right-of-way of a public road
Yards Setbacks from Existing and
Proposed Highways and Service Roads
Discretion of Alberta Transportation
Building Heights
Dwelling Unit: Maximum 12.19 m (40.0 ft)
For all other Permitted and Discretionary Uses: Limited to such height as deemed
suitable and appropriate for the intended use.
WECS (micro), Category 1, and Solar Panel, Ground Mount: See height restrictions for
'Development Permits Not Required,' section.
Other Setbacks
See the Special Setback Requirements section of this Bylaw for additional setback
requirements that may apply.
Subdivision Regulations
c) Subdivisions that will create one or more linear (long) parcels from a quarter section are prohibited.
i.
Linear (long) parcels shall not be approved (e.g. 20.0 ac or 40.0 ac strips)
Illustration - Linear (long) parcels
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Rural Business District (RB)
Purpose and Intent
The purpose and intent of this district is to promote and accommodate businesses of a rural nature and focus
within areas of the County that are not identified as key growth areas within the MDP. Uses within this district
further the MDP's goals of maintaining a rural and agricultural focus for the County through allowing for
businesses that are related to agricultural pursuits and are an appropriate adjacent use to agricultural
operations.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building / Structure
Agricultural Processing - Major
Agricultural Operation1
Agricultural Support Services
Agricultural Processing - Minor
Agri-Tourism Business
Farm Building
Alcohol Production
Greenhouse, Private
Animal Services
Shipping Container
Auction Mart
Sign, Type 2
Bed and Breakfast
Solar Panel, Ground Mount
Cannabis Cultivation
Solar Panel, Structure Mount1
Composting Facility
Stripping and Grading1
Contractor Service
WECS (micro)1
Dwelling, Manufactured 1
WECS (Category 1)1
Dwelling, Manufactured 2
Dwelling, Modular
Dwelling, Single-Detached
Dwelling, Temporary
Equestrian Centre
Entertainment Venue
Farm Gate Sales
Farmers Market
Food & Beverage Production
Greenhouse, Public
Lodging Facility
Market Garden
Nursery
Office
Outdoor Café
Sign, Type 3
Solar Facility2
Private Amenity Space
Tower
Veterinary Clinic
WECS (Category 2)2
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Notes:
1 - See Development Permits Not Required Section
2 - See Specific Use Regulations Section
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Parcel Size
0.40 ha (1.0 ac)
Maximum Parcel Size
No maximum parcel size
Maximum Lot Coverage
No buildings, structures or impervious surfaces shall cover more than 50%
of the lot area.
Required Buildable Area
In accordance with the Buildable Area for Parcels Section of this Bylaw
Setback Between Buildings / Structures
A minimum of 1.52 m (5.0 ft)
Front Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road.
A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount, unless abutting the right-of-
way of a public road
Side Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road.
A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount, unless abutting the right-of-
way of a public road
Rear Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount, unless abutting the right-of-
way of a public road
Yards Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Other Setbacks
See the Special Setback Requirements section of this Bylaw for
additional setback requirements that may apply.
Building Heights
Dwelling Unit: Maximum 12.19 m (40.0 ft)
For all other Permitted and Discretionary Uses: Limited to such height as
deemed suitable and appropriate for the intended use.
WECS (micro), Category 1, and Solar Panel, Ground Mount: See height
restrictions for 'Development Permits Not Required,' section.
Other Development Regulations
c) In order to facilitate the purpose and intent of this district and ensure the sustainability of agricultural
business uses with the district, the following applies to all applications for development permits:
d) Dwellings shall be allowed only as a secondary uses to the primary business use on the parcel. A
Development Permit for a Dwelling shall not be granted unless there is a Development Permit in place
for a primary use on the parcel that is of a commercial nature.
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e) Permitted and Discretionary Uses shall adhere to Part 7: General Regulations and Part 8: Specific Use
Regulations.
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Country Residential District (CR)
Purpose and Intent
The purpose is to provide for acreage development for predominantly residential purposes that is aligned with
the policies of the Municipal Development Plan.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building / Structure
Animal Services
Agricultural Operation2
Bed and Breakfast
Agricultural Processing - Minor
Dwelling, Accessory
Day Home
Dwelling, Manufactured 2
Dwelling, Duplex
Dwelling, Temporary
Dwelling, Manufactured 1
Equestrian Centre
Dwelling, Modular
Farm Gate Sales
Dwelling, Moved On
Home-Based Business, Type 3
Dwelling, Secondary Suite
Market Garden
Dwelling, Semi-Detached
Nursery
Dwelling, Single Detached
Show Home
Farm Building2
Sign, Type 3
Greenhouse, Private
Tower
Home-Based Business, Type 2
Shipping Container
Sign, Type 2
Solar Panel, Ground Mount1
Solar Panel, Structure Mount1
Stripping and Grading1
WECS (micro)1
WECS (Category 1)1
Notes:
1 - See Development Permits Not Required Section
2 - A Development Permit for an Agricultural Operation is required when obtaining a Development Permit for a Farm Building.
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Parcel Size
0.40 ha (1.0 ac) or greater
Maximum Parcel Size
Less than 2.02 ha (5.0 ac)
Larger parcel sizes may be considered due to land characteristics such as
topographic constraints, water features, severed parcels and existing
parcel development or configuration.
Maximum Lot Coverage
No buildings, structures or impervious surfaces shall cover more than 40%
of the lot area.
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Required Buildable Area
In accordance with the Buildable Area for Parcels Section of this Bylaw
Setback Between Buildings / Structures
A minimum of 1.52 m (5.0 ft)
Front Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road.
A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount, unless abutting the right-of-
way of a public road
Side Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road.
A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount, unless abutting the right-of-
way of a public road
Rear Yard Setback Requirements
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road.
A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount, unless abutting the right-of-
way of a public road
Yards Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Other Setbacks
See the Special Setback Requirements section of this Bylaw for
additional setback requirements that may apply.
Building Heights
Dwelling Unit: Maximum 12.19 m (40.0 ft)
For all other Permitted and Discretionary Uses: Limited to such height as
deemed suitable and appropriate for the intended use.
WECS (micro), Category 1, and Solar Panel, Ground Mount: See height
restrictions for 'Development Permits Not Required,' section.
Special Requirements
c) A Development Permit for an Agricultural Operation is required when obtaining a Development Permit
for a Farm Building.
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Commercial Highway District (CH)
Purpose and Intent
The purpose and intent of this district is to promote and accommodate commercial development adjacent to
major transportation corridors in the County that provide services to residents and those travelling through the
County.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building / Structure
Agricultural Support Services
Campground (minor)
Alcohol Production
Car Wash
Animal Services
Commercial Storage
Auction Mart
Convenience Store
Automotive and Equipment Services
Drinking & Eating Establishment
Campground (major)
Fitness Centre
Cannabis Store
Greenhouse, Public
Composting Facility
Laundromat / Dry Cleaning
Cultural Facilities
Mechanical Repair Shop
Food and Beverage Production
Nursery
Hotel
Office
Liquor Sales
Outdoor Café
Motel
Parks Minor
Recreational Vehicle Storage
Private Amenity Space
Recycling Facility
Restaurant
Shipping Container
Retail Establishment
Sign, Type 3
Service Station
Tower
Sign, Type 2
Warehouse Sales
Solar Panel, Ground Mount1
Solar Panel, Structure Mount1
Spa and Wellness Centre
Stripping and Grading1
Truck Stop
Warehouse Storage
WECS (Category 1)1
WECS (micro)1
Notes:
1 - See Development Permits Not Required Section
* - See Specific Use Regulations Section for more information
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
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Minimum Parcel Size
1.
For the creation of new parcels the following minimum parcel sizes
shall be required:
a)
Fully serviced parcels with water and wastewater piped
servicing: 0.2 ha (0.5 ac); and
b)
Unserviced parcels: 0.4 ha (1.0 ac).
Maximum Parcel Size
No maximum parcel size
Maximum Lot Coverage
No buildings, structures or impervious surfaces shall cover more than 90%
of the lot area.
Required Buildable Area
In accordance with the Buildable Area for Parcels Section of this Bylaw
Setback Between Buildings / Structures
A minimum of 1.52 m (5.0 ft)
Front Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road.
A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount, unless abutting the right-of-
way of a public road
Side Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road.
A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount, unless abutting the right-of-
way of a public road
Rear Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
A minimum of 15.24 m (50.0 ft) from the right-of-way of a Service road.
A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount, unless abutting the right-of-
way of a public road
Yards Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Other Setbacks
See the Special Setback Requirements section of this Bylaw for
additional setback requirements that may apply.
Building Heights
For all other Permitted and Discretionary Uses: Limited to such height as
deemed suitable and appropriate for the intended use.
WECS (micro), Category 1, and Solar Panel, Ground Mount: See height
restrictions for 'Development Permits Not Required,' section.
Special Requirements
Landscaping, Fencing & Screening Standards
c) Landscaping shall be completed in accordance with Section 7.12 Landscaping, Fencing and Screening
(please see the Wheatland County Landscape & Screening Guidelines for additional information);
d) Levels and methods of screening of the site shall be completed in accordance with Section 7.12
Landscaping, Fencing and Screening (please see the Wheatland County Landscape & Screening
Guidelines for additional information);
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Site Plans
e) The Development Authority shall require a detailed site plan for the proposed development;
Storage Areas
f)
All outdoor storage areas shall be appropriately fenced or screened and should be concealed from
view from the street by the fence or other suitable screening. All sites abutting residential districts
shall be screened from view of the residential district to the satisfaction of the Development Authority;
and
Other Development Regulations
g) Permitted and Discretionary Uses shall adhere to Part 7: General Regulations and Part 8: Specific Use
Regulations.
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Industrial General District (IG)
Purpose and Intent
The purpose is to provide for light or medium industrial development that has minimal to no impact on
adjacent landowners in terms of a nuisance effect.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building / Structure
Agricultural Processing - Major
Agricultural Operation
Alcohol Production
Agricultural Processing - Minor
Animal Services
Agricultural Support Services
Auction Mart
Cannabis Cultivation
Automotive and Equipment Services
Cannabis Production Facilities
Composting Facility
Commercial Storage
Dwelling, Employee
Contractor Service
Industrial, Medium
Essential Public Service
Mechanical Repair Shop
Food and Beverage Production
Rail Spur
Greenhouse, Public
Sign, Type 3
Industrial, Light
Solar Facility2
Office
Tower
Outdoor Storage
Warehouse Sales
Recreational Vehicle Storage
WECS (Category 2)2
Service Station
Shipping Container
Sign, Type 2
Solar Panel, Ground Mount1
Solar Panel, Structure Mount1
Stripping and Grading1
Stockpile
Veterinary Clinic
Warehouse Storage
WECS (Category 1)1
WECS (micro)1
Notes:
1 - See Development Permits Not Required Section
2 - See Specific Use Regulations Section
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
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Minimum Parcel Size
2.
For the creation of new parcels the following minimum parcel sizes
shall be required:
h)
Fully serviced parcels with water and wastewater piped
servicing: 0.2 ha (0.5 ac); and
i)
Unserviced parcels: 0.4 ha (1.0 ac).
Maximum Parcel Size
No maximum parcel size
Maximum Lot Coverage
No building or group of buildings including their accessory buildings and
impervious surfaces shall cover more than 90% percent of the lot area.
Setback Between Buildings / Structures
A minimum of 1.52 m (5.0 ft)
Front Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road.
A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount, unless abutting the right-of-
way of a public road
Side Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road.
A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount, unless abutting the right-of-
way of a public road
Rear Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount, unless abutting the right-of-
way of a public road
Yards Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Other Setbacks
See the Special Setback Requirements section of this Bylaw for
additional setback requirements that may apply.
Building Heights
For all other Permitted and Discretionary Uses: Limited to such height as
deemed suitable and appropriate for the intended use.
WECS (micro), Category 1, and Solar Panel, Ground Mount: See height
restrictions for 'Development Permits Not Required,' section.
Special Requirements
Landscaping, Fencing & Screening Standards
c) Landscaping shall be completed in accordance with Section 7.12 Landscaping, Fencing and Screening
(please see the Wheatland County Landscape & Screening Guidelines for additional information);
d) Levels and methods of screening of the site shall be completed in accordance with Section 7.12
Landscaping, Fencing and Screening (please see the Wheatland County Landscape & Screening
Guidelines for additional information);
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Site Plans
e) The Development Authority shall require a detailed site plan for the proposed development;
Storage Areas
f)
All outdoor storage areas shall be appropriately fenced or screened and should be concealed from
view from the street by the fence or other suitable screening. All sites abutting residential districts
shall be screened from view of the residential district to the satisfaction of the Development Authority;
and
Other Development Regulations
g) Permitted and Discretionary Uses shall adhere to Part 7: General Regulations and Part 8: Specific Use
Regulations.
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Intensive Industrial District (II)
Purpose and Intent
The purpose is to accommodate medium and heavy industrial development that creates a moderate to
significant nuisance factor for adjacent landowners.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building / Structure
Abattoir
Agricultural Operation
Agricultural Processing - Major
Cannabis Production Facility
Agricultural Support Services
Contractor Service
Auction Mart
Essential Public Service
Automotive and Equipment Services
Industrial, Medium
Commercial Storage
Outdoor Storage
Industrial, Heavy
Office
Composting Facility
Shipping Container
Hazardous Industry
Stripping and Grading1
Mechanical Repair Shop
Solar Panel, Ground Mount1
Rail Spur
Solar Panel, Structure Mount1
Recycling Facility
Warehouse Storage
Service station
Sign, Type 2
Salvage Yard
WECS (Category 1)1
Solar Facility 2
WECS (micro)1
Tower
Utility Services, Major Infrastructure
Sign, Type 3
Waste Management Facility, Major
Work Camp
Notes:
1 - See Development Permits Not Required Section
2 - See Specific Use Regulations Section
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Parcel Size
1.
For the creation of new parcels the following minimum parcel sizes
shall be required:
a)
Fully serviced parcels with water and wastewater piped
servicing: 0.20 ha (0.50 ac); and
b)
Unserviced parcels: 0.40 ha (1.0 ac).
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Maximum Parcel Size
No maximum parcel size
Maximum Lot Coverage
No building or group of buildings including their accessory buildings and
impervious surfaces shall cover more than 80% percent of the lot area.
Setback Between Buildings / Structures
A minimum of 1.52 m (5.0 ft)
Front Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road.
A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount, unless abutting the right-of-
way of a public road
Side Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road.
A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount, unless abutting the right-of-
way of a public road
Rear Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount, unless abutting the right-of-
way of a public road
Yards Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Yard Setbacks from Adjacent Property Line of
Residential District
Increase by 50%
Other Setbacks
See the Special Setback Requirements section of this Bylaw for
additional setback requirements that may apply.
Building Heights
For all other Permitted and Discretionary Uses: Limited to such height as
deemed suitable and appropriate for the intended use.
WECS (micro), Category 1, and Solar Panel, Ground Mount: See height
restrictions for 'Development Permits Not Required,' section.
Special Requirements
Landscaping, Fencing & Screening Standards
c) Landscaping shall be completed in accordance with Section 7.12 Landscaping, Fencing and Screening
(please see the Wheatland County Landscape & Screening Guidelines for additional information);
d) Levels and methods of screening of the site shall be completed in accordance with Section 7.12
Landscaping, Fencing and Screening (please see the Wheatland County Landscape & Screening
Guidelines for additional information);
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Site Plans
e) The Development Authority shall require a detailed site plan for the proposed development;
Storage Areas
f)
All outdoor storage areas shall be appropriately fenced or screened and should be concealed from
view from the street by the fence or other suitable screening. All sites abutting residential districts
shall be screened from view of the residential district to the satisfaction of the Development Authority;
Safety Requirements
g) Safety and risk assessment is an integral component of the industrial Development Permit process.
Where there are potential effects or risks associated with a proposed development, the Development
Authority may require an applicant to retain a qualified professional acceptable to the Development
Authority to provide a concept plan inclusive of a risk assessment report of the proposed
development;
h) The Development Authority may request an Emergency Response Plan as a condition of a
Development Permit to ensure that emergency services requirements for fire, rescue and ambulance
are met; and
Other Development Regulations
i)
Permitted and Discretionary Uses shall adhere to Part 7: General Regulations and Part 8: Specific Use
Regulations
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Natural Resource Extraction / Processing District (NRE)
Purpose and Intent
The purpose and intent of this district is to accommodate industrial uses related to non-renewable natural
resource extraction and processing.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building / Structure
Dwelling, Employee
Agricultural Operation
Dwelling, Manufactured 1
Sign, Type 2
Dwelling, Manufactured 2
Dwelling, Modular
Dwelling, Moved On
Dwelling, Single Detached
Natural Resource Extraction / Processing
Rail Spur
Sign, Type 3
Stockpile
Stripping and Grading
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Parcel Size
Existing lots prior to the passage of this Bylaw;
2.02 ha (5.0 ac) or greater
Maximum Lot Coverage
No buildings, structures or impervious surfaces (including gravel pit
operations) shall cover more than 85% of the lot area.
Setback Between Buildings / Structures
A minimum of 1.52 m (5.0 ft)
Front Yard Setback Requirements
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road
A minimum of 10.05 m (33.0 ft) from the property line
Side Yard Setback Requirements
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road
A minimum of 10.05 m (33.0 ft) from the property line
Rear Yard Setback Requirements
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road
A minimum of 10.05 m (33.0 ft) from the property line
Yards Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Setback from Existing Dwellings and Proposed
Residential Dwellings (not located on the same parcel
as a proposed Natural Resource Extraction /
Processing operation)
198.12.0 m (650 ft.)
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Setback from Dwellings on a parcel designated Natural
Resource Extraction / Processing District
As per all Provincial and Federal Regulations
Other Setbacks
See the Special Setback Requirements section of this Bylaw for
additional setback requirements that may apply. In regards to slope
setback considerations for gravel pits, please refer to the Alberta
Environment Code of Practice for Pits, but please note that the Land Use
Bylaw setbacks supersede these setback requirements.
Building Height
Accessory Buildings: Maximum 10.67 m (35.0 ft)
Special Requirements
Application Requirements
c) The Planning & Development Department has specific application forms and checklists for Natural
Resource Extraction / Processing Redesignation Applications and Natural Resource Extraction /
Processing Development Permit Applications. The application shall be completed with all noted
required information and studies to be submitted at the time of application.
Site Plan, Haul Route and Levy Requirements
d) A comprehensive site plan shall be prepared for all applications at the redesignation application stage.
A clear outline of the proposed natural resource extraction / processing operation and disturbance
area will need to be prepared by a Qualified Professional surveyor. This plan will clearly outline with
specific measurements to property lines and the exact area that will be utilized for natural resource
extraction.
e) The proposed Haul Route shall be provided to the County at the time of redesignation application and
development permit submission.
f)
Haul route agreements and a security deposit collectable by the Public Works Department for the
County roads affected by the hauling route shall be required.
g) The Community Aggregate Levy is applicable to all development for Natural Resource Extraction /
Processing.
h) A Transportation Impact Assessment (TIA) shall be required at the Development Permit application
stage.
i)
A Historical Resources Impact Assessment (HRIA) shall be required to be provided to the Development
Authority if required by the Province and an application made to the Province.
Noise Mitigation, Berming & Screening Standards
j)
Berming shall be required to screen gravel pit sites from public roadways. A berming plan shall be
provided at the time of Development Permit application that provides a buffer between the natural
resource extraction / processing area and adjacent parcels to the satisfaction of the Development
Authority.
k) Levels and methods of screening of the site shall be completed in accordance with the County
Screening Standards noted in Section 7.12 of the Land Use Bylaw.
l)
At the time of Development Permit Application, the Applicant shall provide a plan detailing the
methods intended to be used to address noise emanating from operations within the development
area or on haul routes, resulting from activities related to a Natural Resource Extraction / Processing
operation.
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Lighting
m) All lighting must be in accordance with the Dark Sky Considerations section (7.9) of the Land Use
Bylaw.
Environmental
n) An environmental study, site assessment, wetland impact assessment or biophysical impact
assessment may be required, at the discretion of the Development Authority, if the proposed
redesignation or development permit application is located within or adjacent to an environmentally
sensitive area.
o) A Phase 1 Environmental Site Assessment shall be required at the redesignation application stage. An
updated Phase 1 Environmental Site Assessment may be required at the time of Development Permit
Application if the period is greater than five (5) years from redesignation approval.
p) Water Act approval shall be obtained from Alberta Environment and Parks, if applicable.
q) All soils (including top soil and sub soil) shall be separated into piles and seeded to prevent the
contents from being blown off site and shall be used for reclamation purposes within the pit. The
removed top soil and sub soil shall be located on piles within the parcel that is the subject of the
natural resource extraction / processing development. If the removed soil is located and piled on a
different parcel from the titled area subject to the natural resource extraction / processing
development permit, a separate development permit shall be required.
r)
A weed management plan shall be submitted with an application for a Development Permit.
s) A waste management plan shall be submitted with an application for a Development Permit.
t)
A Drainage Study shall be provided to the County at the time of redesignation application submission
noting the overall flow so as to ensure impact to adjacent landowners does not occur from Natural
Resource Extraction / Processing activity.
u) All Natural Resource Extraction / Processing Development Permit applications shall be required to
meet Alberta Environment's requirements for Code of Practice for Gravel Pits.
v) All Natural Resource Extraction / Processing Development Permit operations shall be in accordance
with the Alberta Environmental Protection and Enhancement Act and Regulations for conservation and
reclamation.
w) Natural resource extraction operations shall be reclaimed in accordance with the approved Provincial
site reclamation plan.
x)
Extraction setbacks shall be in accordance with "A Guide to the Code of Practice for Pits".
Adjacent Residential Development
y)
As per the requirement noted in the Site Regulations section of this land use district, no residential
dwellings shall be located within 198.12 m (650.0 ft.) of the property lines of a parcel designated
Natural Resource Extraction / Processing District. The minimum setback shall not be applicable if an
existing dwelling is on the same parcel as a proposed natural resource extraction / processing
operation.
z)
No new development permits for dwellings of any type shall be approved within 198.12 m (650.0 ft) of
the property lines of a parcel that is designated Natural Resource Extraction / Processing District.
aa) No redesignation to Natural Resource Extraction / Processing District shall be approved within 198.12
m (650.0 ft.) of an existing dwelling on an adjacent parcel. This is measured from the property line to
the residential dwelling.
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bb) Existing and proposed dwellings on the same parcel as a Natural Resource Extraction / Processing
Development Permit and designated Natural Resource Extraction / Processing (NRE) District must
meet setback requirements as per all provincial and federal regulations, but are not required to be
setback 198.2 m (650.0 ft) from the Natural Resource Extraction / Processing operation.
cc) It is the responsibility of the Applicant for a Natural Resource Extraction / Processing District to
provide plans showing that they meet the minimum setback distances from dwellings on adjacent
parcels.
Signage
dd) A signage plan for the security and safety of County residents shall be provided at the time of
Development Permit application to show where notices and warning signs shall be posted that notify
the public of the Natural Resource Extraction / Processing operation.
Community Consultation
ee) Community consultation shall be required for all Natural Resource Extraction and Processing District
Redesignation applications and development applications. The minimum consultation circulation
radius from the parcel boundary for applications shall be 1.6 km (1.0 miles) and shall be 1.6 km (1.0
miles) from the boundary of the proposed haul route. All community consultation and notice to the
affected landowners shall be completed prior to application submission. Confirmation and a mailing
list of all landowners who were notified shall be provided to the County at the time of application
submission.
ff) If the Development Permit application is submitted for a Natural Resource Extraction/Processing
development within one (1) year from the date of redesignation approval, the previous consultation for
the redesignation application can be submitted. If the Development Permit is submitted more than
one (1) year after the date of redesignation approval (3rd and Final Reading), a new community
consultation process shall be required.
Existing Natural Resource Extraction / Processing Development Permits
gg) All existing valid Development Permits for Natural Resource Extraction / Processing Development
Permits remain valid and their parcels do not require redesignation to this district unless a change to
the scale, size and/or plan area of the Natural Resource Extraction / Processing operation takes place
that requires a new or amended Development Permit.
hh) Redesignation will be required prior to expansion or changes to existing Natural Resource Extraction /
Processing Development Permits in accordance with the Municipal Government Act (MGA).
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Parks & Recreation District (PR)
Purpose and Intent
The purpose and intent of this district is to provide for open spaces and recreational uses within the County.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building / Structure
Campground (major)
Parks Minor
Campground (minor)
Stripping and Grading1
Community Building and Facility
Sign, Type 2
Community Recreational Facility
Solar Panel, Structure Mount1
Convenience Store
Solar Panel, Ground Mount1
Dwelling, Employee
Farmers Market
Golf Course
Outdoor Café
Parks Major
Recreational, Major
Recreational, Minor
Shooting Range, Major
Sign, Type 3
Notes:
1 - See Development Permits Not Required Section
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Parcel Size
No minimum parcel size
Maximum Parcel Size
No maximum parcel size
Maximum Lot Coverage
No buildings, structures or impervious surfaces shall cover more than 80%
of the lot area.
Required Buildable Area
In accordance with the Buildable Area for Parcels Section of this Bylaw
Setback Between Buildings / Structures
A minimum of 1.52 m (5.0 ft)
Front Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road if
not located within Hamlet boundaries
A minimum of 6.10 m (20.0 ft) from the property line within Hamlet
boundaries.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount, unless abutting the right-of-
way of a public road
Side Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road if
not located within hamlet boundaries
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A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road if not located within hamlet boundaries.
A minimum of 3.05m (10.0 ft) from the property line if not located within
hamlet boundaries.
A minimum of 3.05 m (10.0 ft) from the street side of a corner site within
hamlet boundaries
A minimum of 1.22 m (4.0 ft) within Hamlet boundaries if not located
adjacent to a residential land use.
A minimum of 2.44 m (8.0 ft) within Hamlet boundaries if located adjacent
to a residential land use.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount, unless abutting the right-of-
way of a public road
Rear Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road if
not located within hamlet boundaries.
A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount, unless abutting the right-of-
way of a public road
Yards Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Other Setbacks
See the Special Setback Requirements section of this Bylaw for
additional setback requirements that may apply.
Building Heights
Dwelling Unit: Maximum 12.91 m (40.0 ft)
For all other Permitted and Discretionary Uses: Limited to such height as
deemed suitable and appropriate for the intended use.
WECS (micro), Category 1, and Solar Panel, Ground Mount: See height
restrictions for 'Development Permits Not Required,' section.
Other Development Regulations
c) Permitted and Discretionary Uses shall adhere to Part 7: General Regulations and Part 8: Specific Use
Regulations; and
d) A Development Permit for a Dwelling, Employee shall only be allowed if there is an approved
Development Permit on the subject parcel for a Campground (minor) or Campground (major).
e) For the purpose of the Parks & Recreation District only, any reference to 'Hamlet' shall include the
community of Speargrass.
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Community Service District (CS)
Purpose and Intent
The purpose and intent of this district is to provide for cultural, educational and institutional land uses within
the County. Uses may include, but are not limited to those of education, government, cultural activities,
agricultural societies, religious assemblies and other institutional facilities and services.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building / Structure
Cemetery
Parks Minor
Child Care Facility
Sign, Type 2
Community Building and Facility
Solar Panel, Ground Mount1
Community Recreational Facility
Solar Panel, Structure Mount1
Cultural Facilities
Stripping and Grading1
Essential Public Service
WECS (micro)1
Parks Major
WECS (Category 1)1
Private Amenity Space
Recreational, Minor
School, Public
School, Post-Secondary
School, Private
Sign, Type 3
Worship Facility
Notes:
1 - See Development Permits Not Required Section
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Parcel Size
(for Subdivision Purposes)
1.
For the creation of new parcels the following minimum parcel sizes
shall be required:
a)
Fully serviced parcels with water and wastewater piped
servicing: 0.1 ha (0.25 ac); and
b)
Unserviced parcels: 0.4 ha (1.0 ac).
Maximum Lot Coverage
No buildings, structures or impervious surfaces shall cover more than 80%
of the lot area.
Required Buildable Area
In accordance with the Buildable Area for Parcels Section of this Bylaw
Setback Between Buildings / Structures
A minimum of 1.52 m (5.0 ft)
Front Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road if
not located within hamlet boundaries.
A minimum of 6.10 m (20.0 ft) from the property line in all other cases.
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A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount, unless abutting the right-of-
way of a public road
Side Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road if
not located within hamlet boundaries
A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road if not located within hamlet boundaries.
A minimum of 3.05m (10.0 ft) from the property line if not located within
hamlet boundaries.
A minimum of 1.22 m (4.0 ft) from the property line within Hamlet
boundaries if not located adjacent to a residential land use.
A minimum of 2.44 m (8.0 ft) from the property line within Hamlet
boundaries if located adjacent to a residential land use.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount, unless abutting the right-of-
way of a public road
Rear Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road if
not located within hamlet boundaries.
A minimum of 6.10 m (20.0 ft) from the property line in all other cases
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount, unless abutting the right-of-
way of a public road
Yards Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Other Setbacks
See the Special Setback Requirements section of this Bylaw for
additional setback requirements that may apply.
Building Heights
Limited to such height as deemed suitable and appropriate for the
intended use.
WECS (micro), Category 1, and Solar Panel, Ground Mount: See height
restrictions for 'Development Permits Not Required,' section.
Other Development Regulations
c) Permitted and Discretionary Uses shall adhere to Part 7: General Regulations and Part 8: Specific Use
Regulations.
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Public Utility District (PU)
Purpose and Intent
The purpose and intent of this district is to provide a land use that accommodates the utilities required to
service public and private facilities, businesses and residences within the County.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building / Structure
Composting Facility
Essential Public Service
Outdoor Storage
Sign, Type 2
Private Amenity Space
Solar Panel, Ground Mount1
Recycling Facility
Solar Panel, Structure Mount1
Shipping Container
Stripping and Grading1
Sign, Type 3
WECS (micro)1
Stockpile
WECS (Category 1)1
Tower
Utility Services, Major Infrastructure
Waste Management Facility, Major
Waste Management Facility, Minor
Notes:
1 - See Development Permits Not Required Section
Site Regulations
b) The following regulations and policies shall apply to every development in this district.
Minimum Parcel Size
1.
No minimum parcel size
2.
Notwithstanding the above requirements for minimum parcel size,
the Subdivision Authority shall determine whether the proposed
parcel is large enough for the proposed land use. The development
authority may refuse an application for a Development Permit where,
in the opinion of the Authority, the parcel size is insufficient for the
proposed use.
Maximum Parcel Size
No maximum parcel size
Maximum Lot Coverage
No buildings, structures or impervious surfaces shall cover more than 60%
of the lot area.
Required Buildable Area
In accordance with the Buildable Area for Parcels Section of this Bylaw
Setback Between Buildings / Structures
A minimum of 1.52 m (5.0 ft)
Yard Setbacks from Property Lines Not Abutting Roads
A minimum of 7.62 m (25.0 ft) from the property line in all other cases.
Yard Setbacks from Roads
Minimum setbacks from roads which are not designated as a provincial
highway shall be to the satisfaction of the Development Authority.
Yard setbacks within Hamlet Areas
Minimum setbacks shall be to the satisfaction of the Development
Authority.
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Yards Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Other Setbacks
See the Special Setback Requirements section of this Bylaw for
additional setback requirements that may apply.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount.
Building Heights
Limited to such height as deemed suitable and appropriate for the
intended use.
WECS (micro), Category 1, and Solar Panel, Ground Mount: See height
restrictions for 'Development Permits Not Required,' section.
Special Requirements
Landscaping, Fencing & Screening Standards
c) Landscaping shall be completed in accordance with Section 7.12 Landscaping, Fencing and Screening
(please see the Wheatland County Landscape & Screening Guidelines for additional information);
d) Levels and methods of screening of the site shall be completed in accordance with Section 7.12
Landscaping, Fencing and Screening (please see the Wheatland County Landscape & Screening
Guidelines for additional information);
Site Plans
e) The Development Authority shall require a detailed site plan for the proposed development;
Storage Areas
f)
All outdoor storage areas shall be appropriately fenced or screened and should be concealed from
view from the street by the fence or other suitable screening. All sites abutting residential districts
shall be screened from view of the residential district to the satisfaction of the Development Authority;
and
Other Development Regulations
g) Permitted and Discretionary Uses shall adhere to Part 7: General Regulations and Part 8: Specific Use
Regulations.
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Hamlet Residential General District (HRG)
Purpose and Intent
The purpose and intent of this district is to promote and accommodate low density residential development
located in Hamlets.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building / Structure
Backyard Beehive
Agricultural Operation 1, 2
Backyard Hens
Day Home
Bed and Breakfast
Dwelling, Duplex
Dwelling, Modular
Dwelling, Secondary Suite
Dwelling, Moved On
Dwelling, Semi-Detached
Dwelling, Accessory
Dwelling, Single Detached
Home Sales Center
Greenhouse, Private
Home-Based Business, Type 2
Show Home
Sign, Type 2
Solar Panel, Structure Mount1
Tower
Solar Panel, Ground Mount1
Stripping and Grading1
WECS (micro)1
WECS Category 11
Notes:
1 - See Development Permits Not Required Section
2 - See Part 9.11.d, Other Development Regulations
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Parcel Size
A minimum of 1,800.0 m² (19,375.0 ft²) for unserviced lots.
A minimum of 1,800.0 m² (19,375.0 ft²) for lots serviced by a piped water
system, but not a piped sewage system.
A minimum of 929.0 m2 (10,000.0 ft2) for lots serviced by a piped sewage
system, but not a piped water system.
A minimum of 278.70 m² (3000.0 ft2) for fully serviced lots.
Maximum Parcel Size
As determined by the Development Authority.
Minimum Parcel Width
A minimum of 10.67 m (35.0 ft)*
*must also meet minimum parcel size stated above
Minimum Parcel Length
A minimum of 22.86 m (75.0 ft)*
*must also meet minimum parcel size stated above
Maximum Lot Coverage
No buildings, structures or impervious surfaces shall cover more than 40%
of the lot area.
Setback Between Buildings / Structures
A minimum of 1.52 m (5.0 ft)
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Front Yard Setback
A minimum of 6.10 m (20.0 ft)
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount.
Side Yard Setback
A minimum of 3.05 m (10.0 ft) from the right-of-way of a public road
(corner lots).
A minimum of 3.05 m (10.0 ft) from the right-of-way of an internal
subdivision road.
A minimum of 1.22 m (4.0 ft) from the property line.
Rear Yard Setback
Principal Building: A minimum of 6.10 m (20.0 ft)
Accessory Building: A minimum of 1.22 m (4.0 ft)
Yards Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Other Setbacks
See the Special Setback Requirements section of this Bylaw for
additional setback requirements that may apply.
Building Heights
Dwelling Unit / Tower: Maximum 12.19 m (40.0 ft)
Accessory Buildings: Maximum 5.48 m (18.0 ft)
WECS (micro), Category 1, and Solar Panel, Ground Mount: See height
restrictions for 'Development Permits Not Required,' section.
Other Development Regulations
c) Permitted and Discretionary Uses shall adhere to Part 7: General Regulations and Part 8: Specific Use
Regulations.
d) Agricultural Operation shall only be allowed in this district if the following conditions are met:
i. The lands are owned by Wheatland County;
ii. The Agricultural Operation is subject to a lease agreement to the satisfaction of the
County's Agricultural Fieldman; and
iii. No farm animals or livestock are allowed, subject to Part 7.5.1 of this Bylaw.
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Hamlet Multiple Unit Residential District (HMR)
Purpose and Intent
The purpose and intent of this district is to provide multi-family residential development located in Hamlets,
which has the necessary services to support higher density development.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building / Structure
Boarding House
Dwelling, Duplex
Dwelling, Multi-Unit
Dwelling, Fourplex
Residential Care Facility
Dwelling, Semi-Detached
Show Home
Dwelling, Townhouse
Sign, Type 3
Greenhouse, Private
Tower
Private Amenity Space
Sign, Type 2
Solar Panel, Ground Mount1
Solar Panel, Structure Mount1
Stripping and Grading1
WECS (micro)1
WECS Category 11
Notes:
1 - See Development Permits Not Required Section
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Parcel Size
A minimum of 1,800.0 m² (19,375.0 ft²) for unserviced lots.
A minimum of 1,800.0 m² (19,375.0 ft²) for lots serviced by a piped water
system, but not a piped sewage system.
A minimum of 929.0 m2 (10,000.0 ft2) for lots serviced by a piped sewage
system, but not a piped water system.
A minimum of 278.70 m² (3000.0 ft2) for fully serviced lots.
Maximum Parcel Size
As determined by the Development Authority.
Minimum Parcel Width
Dwelling, Duplex: a minimum of 10.67 m (35.0 ft)
Dwelling, Fourplex: a minimum of 15.0 m (50.0 ft)
Dwelling, Townhouse: Per unit a minimum of 7.62 m (25.0 ft)
Dwelling, Semi-Detached: Per unit a minimum of 7.62 m (25.0 ft)
Dwelling, Multi-Unit: As determined by the Development Authority.
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Minimum Parcel Length
A minimum of 30.48 m (100.0 ft)
Maximum Lot Coverage
No buildings, structures or impervious surfaces shall cover more than 80%
of the lot area.
Setback Between Buildings / Structures
A minimum of 1.22 m (4.0 ft) from the property line.
Front Yard Setback
At the discretion of the Development Authority.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount.
Side Yard Setback
A minimum of 1.52 m (5.00 ft) from the property line
0.0 m (0.0 ft) between common walls
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount.
Rear Yard Setback
Principal Building: A minimum of 6.10 m (20.0 ft)
Accessory Buildings: A minimum of 1.22 m (4.0 ft)
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount.
Yards Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Other Setbacks
See the Special Setback Requirements section of this Bylaw for
additional setback requirements that may apply.
Building Heights
Principal Building / Tower: Maximum 12.19 m (40.0 ft)
Accessory Buildings: Maximum 5.48 m (18.0 ft)
WECS (micro), Category 1, and Solar Panel, Ground Mount: See height
restrictions for 'Development Permits Not Required,' section.
Special Requirements
Site Plans and Development Agreements
c) The Development Authority shall require a detailed site plan for the proposed development; and
Other Development Regulations
d) Permitted and Discretionary Uses shall adhere to Part 7: General Regulations and Part 8: Specific Use
Regulations.
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Hamlet Mixed-Use District (HMU)
Purpose and Intent
The purpose and intent of this district is to provide for a range of uses to be integrated vertically or horizontally
including retail service, commercial activities combined with a residential component which enhances and
benefits the local community.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building / Structure
Artisan Studio
Child Care Facility
Cannabis Store
Community Building and Facility
Contractor Service
Community Recreational Facility
Cultural Facilities
Convenience Store
Drinking & Eating Establishment
Essential Public Service
Farmers Market
Financial Institution
Laundromat / Dry Cleaning
Fitness Centre
Liquor Sales
Hotel
Lodging Facility
Office
Market Garden
Outdoor Café
Mixed-Use Building
Parks Minor
Pawn Shop
Private Amenity Space
Residential Care Facility
Restaurant
School, Public
Retail Establishment
School, Post-Secondary
Sign, Type 2
School, Private
Solar Panel, Ground Mount1
Sign, Type 3
Solar Panel, Structure Mount1
Tower
Spa and Wellness Centre
Veterinary Clinic
Stripping and Grading1
Worship Facility
WECS (micro)1
WECS Category 11
Notes:
1 - See Development Permits Not Required Section
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Parcel Size
A minimum of 1,800.0 m² (19,375.0 ft²) for unserviced lots.
A minimum of 1,800.0 m² (19,375.0 ft²) for lots serviced by a piped water
system, but not a piped sewage system.
A minimum of 929.0 m2 (10,000.0 ft2) for lots serviced by a piped sewage
system, but not a piped water system.
A minimum of 278.70 m² (3000.0 ft2) for fully serviced lots.
Maximum Parcel Size
As determined by the Development Authority.
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Minimum Parcel Width
A minimum of 10.67 m (35.0 ft)*
*must also meet minimum parcel size stated above
Minimum Parcel Length
A minimum of 30.48 m (100.0 ft)*
*must also meet minimum parcel size stated above
Maximum Lot Coverage
No buildings, structures or impervious surfaces shall cover more than 80%
of the lot area.
Setback Between Buildings / Structures
A minimum of 1.52 m (5.0 ft)
Front Yard Setback
As determined by the Approving Authority
Side Yard Setback
A minimum of 0.0 m (0.0 ft) between common walls.
A minimum of 3.05 m (10.0 ft) from the right-of-way of a public road.
A minimum of 3.05 m (10.0 ft) from the right-of-way of an internal
subdivision road.
A minimum of 1.22 m (4.0 ft) from the property line.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount.
Rear Yard Setback
From rear lane: A minimum of 1.22 m (4.0 ft)
All other instances: A minimum of 6.10 m (20.0 ft)
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount.
Yards Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Other Setbacks
See the Special Setback Requirements section of this Bylaw for
additional setback requirements that may apply.
Building Heights
Principal Building: Maximum 15.24 m (50.0 ft)
Accessory Buildings: Maximum 5.48 m (18.0 ft)
Architectural Features 25.91 m (85.0 ft)
(e.g. Steeples, clock tower, and façade details)
WECS (micro), Category 1, and Solar Panel, Ground Mount: See height
restrictions for 'Development Permits Not Required,' section.
Special Requirements
Servicing
c) Utilities/Servicing will be separate between the commercial and the residential units;
Signage
d) All advertising signage must have due regard to the residents of the building or community and must
follow all requirements set out in Section 7.18 Signage of this Bylaw;
Parking and Loading
e) On-site parking for Mixed Use Buildings shall be provided in accordance with the parking requirements
set out for commercial, retail, civic, or institutional uses in Section 7.14 Parking and Loading
Requirements of this Bylaw;
f)
Residential Units shall provide titled parking at a rate of 1 parking space for a 1 bedroom residence, or
2 parking spaces for 2 or more bedrooms. Shared parking, off- street parking and/or money in lieu of
parking for the residential units shall not be permitted;
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g) Parking areas shall have clear signage distinguishing commercial, retail, civic, or institutional use;
General Regulations for Mixed Use Buildings
h) The business component of a Mixed Use Building will be a minimum of 25% of Gross Floor Area;
i)
Separate entrances shall be provided for the commercial and residential uses. Each entrance shall
have direct or indirect (via a common hallway or foyer) access to a public street;
j)
The non-residential components of Mixed Use Buildings shall be limited to the permitted and
discretionary uses in this district. Each use shall be considered as a separate use and will require a
Development Permit. A Development Permit may include a number of uses and/or units within a
building;
k) A subordinate and ancillary dwelling shall be part of and contiguous with the building that contains the
principal commercial land use (i.e. on the second floor above the commercial building or attached to
the commercial building, or a combination thereof, but not a separate detached building);
l)
A minimum of 3.99 m2 (43.0 ft2) of private amenity space shall be provided for each dwelling unit in
the building;
m) No use within any building or structure on the lands shall cause or create air contaminants, visible
emissions or particulate emissions, odorous matter, or vapor beyond the building which contains
them;
n) No use or operation within a building shall cause or create the emission of toxic matter beyond the
building that contains it. The handling, storage and disposal of any toxic or hazardous materials or
waste shall be in accordance with the regulations of any government authority having jurisdiction;
o) Smaller or larger lot sizes may be considered if it is demonstrated that a larger or smaller parcel size is
appropriate for the proposed development;
Other Requirements
p) At the discretion of the Development Authority, a Site Development Plan may be required to guide the
decisions on Development Permit Applications. Such a Plan shall include information regarding
proposed residential and commercial sites, building locations, and uses, parking areas, vehicular
access and egress points, internal circulation routes, landscaping and at-grade amenity areas,
pedestrian connections, and any other matters deemed necessary by the County; and
q) Permitted and Discretionary Uses shall adhere to Part 7: General Regulations and Part 8: Specific Use
Regulations.
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Hamlet Manufactured Home District (HMH)
Purpose and Intent
The purpose and intent of this district is to provide land for the development of manufactured home
subdivisions in a residential environment. The district shall have access to the types of community facilities
and services normally available in residential development, and shall be located in an area appropriate for
residential development, and not abutting incompatible land uses. Care shall be taken to ensure that the
manufactured homes located in the district are of a quality and design which will enhance the residential
environment.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw;
Permitted
Discretionary
Accessory Building / Structure
Community Building and Facility
Dwelling, Manufactured 1
Dwelling, Manufactured 2
Essential Public Service
Private Amenity Space
Greenhouse, Private
Sign, Type 2
Solar Panel, Ground Mount1
Solar Panel, Structure Mount1
Stripping and Grading1
WECS (micro)1
WECS Category 11
Notes:
1 - See Development Permits Not Required Section
Site Regulations
b) The following regulations and policies shall apply to every development in this district.
Minimum Parcel Size
At the discretion of the Development Authority.
At the discretion of the Development Authority.
At the discretion of the Development Authority.
At the discretion of the Development Authority.
Maximum Parcel Size
At the discretion of the Development Authority.
Minimum Parcel Width
At the discretion of the Development Authority.
Maximum Parcel Length
At the discretion of the Development Authority.
Maximum Lot Coverage
No buildings, structures or impervious surfaces shall cover more
than 60% of the lot area.
Setback Between Buildings / Structures
A minimum of 1.52 m (5.0 ft)
Front Yard Setback
A minimum of 6.10 m (20.0 ft)
Side Yard Setback
A minimum of 3.05 m (10.0 ft) from the right-of-way of a public
road.
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A minimum of 3.05 m (10.0 ft) from the right-of-way of an internal
subdivision road.
A minimum of 1.22 m (4.0 ft) from the property line.
A minimum of 6.10m (20.0ft) from the property line for WECS
micro and Category 1, and Solar Panel, Ground Mount.
Rear Yard Setback
Principal Building: A minimum of 6.10 m (20.0 ft)
Accessory Building: A minimum of 1.22 m (4.0 ft)
A minimum of 6.10m (20.0ft) from the property line for WECS
micro and Category 1, and Solar Panel, Ground Mount.
Yards Setbacks from Existing and Proposed Highways and
Service Roads
Discretion of Alberta Transportation.
Other Setbacks
See the Special Setback Requirements section of this Bylaw for
additional setback requirements that may apply.
Building Heights
Dwelling Unit / Tower: Maximum 12.19 m (40.0 ft)
Accessory Building: Maximum 5.49 m (18.0 ft)
WECS (micro), Category 1, and Solar Panel, Ground Mount: See
height restrictions for 'Development Permits Not Required,'
section.
Other Requirements
c) Permitted and Discretionary Uses shall adhere to Part 7: General Regulations and Part 8: Specific Use
Regulations;
d) A manufactured home park shall be required to provide County piped water and sewer services and
utilities to each manufactured home site;
e) Prior to receiving redesignation for a manufactured home park, the applicant shall enter into a
Development Agreement with the County, stating the required standards and respective
responsibilities to be assumed by the applicant and the County regarding the establishment, operation
and maintenance of services during the life of the manufactured home park, including but not limited
to:
i. Stormwater sewers, ditches;
ii. Sanitary sewers;
iii. Water services;
iv. Emergency Services including Firefighting facilities;
v. Roads, sidewalks, walkways, curbs and easements;
vi. Open Space and playgrounds;
vii. Street lighting;
viii. Snow removal;
ix. Garbage collection and recycling services;
x. Parking; and
xi. Other matters deemed necessary by the Development Authority.
f)
Utility infrastructure and roads shall be designed and constructed to the satisfaction of the County;
g) A manufactured home park may include a community service or recreation building or facility for the
common use of park residents;
h) A minimum of 10% of the gross area of the lot containing a manufactured home park shall be
designated for outdoor recreational use. Such areas shall be free from traffic hazards and
conveniently situated for the use of all park residents; and
i)
All open areas not used for traffic circulation, parking, storage and service facilities shall be
landscaped to the satisfaction of the Development Authority.
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Hamlet Commercial District (HC)
Purpose and Intent
The purpose and intent of this is to accommodate a diversity of retail, service and commercial activities that
benefit the local community.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building / Structure
Animal Services
Commercial Storage
Artisan Studio
Community Building and Facility
Cannabis Store
Community Recreational Facility
Child Care Facility
Convenience Store
Contractor Service
Essential Public Service
Cultural Facilities
Financial Institution
Drinking & Eating Establishment
Fitness Centre
Farmers Market
Office
Funeral Home
Outdoor Café
Food and Beverage Production
Restaurant
Greenhouse, Public
Retail Establishment
Hotel
Solar Panel, Ground Mount1
Laundromat / Dry Cleaning
Solar Panel, Structure Mount1
Liquor Sales
Spa and Wellness Centre
Mechanical Repair Shop
Sign, Type 2
Motel
Stripping and Grading1
Pawn Shop
WECS (micro)1
School, Post-Secondary
WECS Category 11
Shipping Container
Service Station
Sign, Type 3
Tower
Veterinary Clinic
Notes:
1 - See Development Permits Not Required Section
Site Regulations
b) The following regulations and policies shall apply to every development in this district.
Minimum Parcel Size
A minimum of 1,800.0 m² (19,375.0 ft²) for unserviced lots.
A minimum of 1,800.0 m² (19,375.0 ft²) for lots serviced by a
piped water system, but not a piped sewage system.
A minimum of 929.0 m2 (10,000.0 ft2) for lots serviced by a piped
sewage system, but not a piped water system.
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A minimum of 278.70 m² (3000.0 ft2) for fully serviced lots.
Maximum Parcel Size
As determined by the Development Authority.
Minimum Parcel Width
As determined by the Development Authority.
Minimum Parcel Length
As determined by the Development Authority.
Maximum Lot Coverage
No buildings, structures or impervious surfaces shall cover more
than 80% of the lot area.
Setback Between Buildings / Structures
A minimum of 1.52 m (5.0 ft)
Front Yard Setback
0.0 m from the property line
A minimum of 6.10m (20.0ft) from the property line for WECS
micro and Category 1, and Solar Panel, Ground Mount.
Side Yard Setback
a) A minimum of 1.52 m (5.0 ft)
b) Where the side yard abuts a residential district, the setback
shall be increased by 50%.
A minimum of 6.10m (20.0ft) from the property line for WECS
micro and Category 1, and Solar Panel, Ground Mount.
Rear Yard Setback
Principal Building: A minimum of 6.10 m (20.0 ft)
Accessory Building: A minimum of 1.22 m (4.0 ft)
A minimum of 6.10m (20.0ft) from the property line for WECS
micro and Category 1, and Solar Panel, Ground Mount.
Yards Setbacks from Existing and Proposed Highways and
Service Roads
Discretion of Alberta Transportation
Other Setbacks
See the Special Setback Requirements section of this Bylaw for
additional setback requirements that may apply.
Building Heights
Principal Building / Tower: Maximum 15.24 m (50.0 ft)
Accessory Buildings: Maximum 10.67 m (35.0 ft)
WECS (micro), Category 1, and Solar Panel, Ground Mount: See
height restrictions for 'Development Permits Not Required,'
section.
Special Requirements
Landscaping, Fencing & Screening Standards
c) Landscaping shall be completed in accordance with the County Landscaping, Fencing & Screening,
Standards;
d) Levels and methods of screening of the site shall be completed in accordance with the County
Landscaping, Fencing and Screening Standards;
Site Plans and Development Agreements
e) The Development Authority shall require a detailed site plan for the proposed development; and
Other Requirements
f)
Permitted and Discretionary Uses shall adhere to Part 7: General Regulations and Part 8: Specific Use
Regulations.
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Hamlet Industrial District (HI)
Purpose and Intent
The purpose and intent of this district is to promote and accommodate a wide range of industrial uses within
the boundaries of a Hamlet.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building / Structure
Abattoir
Agricultural Processing - Minor
Agricultural Processing - Major
Agricultural Support Services
Alcohol Production
Automotive and Equipment Services
Animal Services
Contractor Service
Auction Mart
Essential Public Service
Commercial Storage
Food and Beverage Production
Crematorium
Industrial, Light
Hazardous Industry
Mechanical Repair Shop
Industrial, Heavy
Office
Industrial, Medium
Service station
Outdoor Storage
Sign, Type 2
Rail Spur
Solar Panel, Ground Mount1
Recreational Vehicle Storage
Solar Panel, Structure Mount1
Recycling Facility
Stripping and Grading1
Salvage Yard
WECS (micro)1
Shipping Container
WECS Category 11
Sign, Type 3
Stockpile
Tower
Veterinary Clinic
Waste Management Facility, Major
Waste Management Facility, Minor
Notes:
1 - See Development Permits Not Required Section
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Parcel Size
(for Subdivision Purposes)
Existing lots prior to the passage of this Bylaw.
Un-serviced lots: A minimum of 4047.0 m² (1.0 ac)
Fully serviced lots: A minimum of 1800.0 m² (19,375.0 ft²)
Maximum Parcel Size
As determined by the Development Authority.
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Minimum Parcel Size
(for Development Purposes)
Notwithstanding the above requirements for minimum parcel size, the
Development Authority shall determine whether the proposed parcel is
large enough for the proposed land use. The development authority may
refuse an application for a Development Permit where, in the opinion of
the Authority, the parcel size is insufficient for the proposed use.
Minimum Parcel Width
At the discretion of the Development Authority.
Minimum Parcel Length
At the discretion of the Development Authority.
Maximum Lot Coverage
No buildings, structures or impervious surfaces shall cover more than 85%
of the lot area.
Setback Between Buildings / Structures
A minimum of 1.52 m (5.0 ft)
Front Yard Setback Requirements
A minimum of 6.10 m (20.0 ft)
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount.
Side Yard Setback Requirements
A minimum of 3.05 m (10.0 ft) from the right-of-way of a public road.
A minimum of 3.05 m (10.0 ft) from the right-of-way of an internal
subdivision road.
A minimum of 1.22 m (4.0 ft) from the property line.
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount.
Rear Yard Setback Requirements
Principal Building: A minimum of 6.10 m (20.0 ft)
Accessory Building: A minimum of 1.22 m (4.00 ft)
A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount.
Yards Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Other Setbacks
See the Special Setback Requirements section of this Bylaw for
additional setback requirements that may apply.
Building Heights
Principal Building / Tower: Maximum 15.24 m (50.0 ft)
Accessory Buildings: Maximum 10.67 m (35.0 ft)
WECS (micro), Category 1, and Solar Panel, Ground Mount: See height
restrictions for 'Development Permits Not Required,' section.
Special Requirements
County Landscaping, Fencing & Screening Standards
c) Landscaping shall be completed in accordance with the County Landscaping, Fencing & Screening
Standards;
d) Levels and methods of screening of the site shall be completed in accordance with the County
Screening Standards; and
Other Requirements
e) Permitted and Discretionary Uses shall adhere to Part 7: General Regulations and Part 8: Specific Use
Regulations.
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Eagle Lake Restricted Residential District (EL-RR)
Purpose and Intent
The purpose and intent of this land use district is to allow for the development of existing lots as contained on
Plan 2487JK for residential purposes.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Buildings / Structure
Backyard Beehive
Community Building and Facility
Backyard Hens
Dwelling, Single Detached
Dwelling, Secondary Suite
Home-Based Business, Type 2
Dwelling, Modular
Essential Public Services
Sign, Type 2
Notes:
1 - See Development Permits Not Required Section
Site Regulations
b) The following regulations and policies shall apply to every development in this district.
Minimum Area Required
Existing lot size as indicated on Plan 2487JK.
Front Yard Setback Requirements
a. 7.62 m (25.00 ft) lake side lots with lake frontage.
Side Yard
1. Principle Buildings:
a. street side of a corner site: 3.05 m (10.0 ft)
b. all other side yards: 1.22 m (4.00 ft)
c. one unobstructed side yard: 3.05 m (10.0 ft)
2. Accessory Buildings:
a. street side of a corner site: 3.05 m (10.00 ft)
b. all other side yards: 0.91 m (3.00 ft)
c. one unobstructed side yard: 3.05 m (10.0 ft)
Rear Yard
1. Principle Buildings:
a. 6.10 m (20.0 ft)
2. Accessory Buildings:
a. 0.91 m (3.0 ft)
Between buildings/structures
1.52 m (5.0 ft)
Minimum Floor Area Requirements
Dwelling, Single Detached: 55.74 m² (600.0 ft²)
Maximum Height Requirements
a. Principal Buildings: 5.49 m (18.0 ft)
b. Accessory Buildings: 5.49 m (18.0 ft)
Additional Requirements
c) No subdivision of existing lots shall occur;
d) Each lot shall have a minimum of two onsite parking spaces;
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e) No new dwellings on vacant lots can be erected until a communal water and sewer system is installed
to the County's satisfaction;
f)
No livestock allowed within this Land Use District;
g) All development applications for a dwelling/garage shall be accompanied by a Real Property Report
including the existing location of the lake on lakeshore lots;
h) Accessory buildings are to be designed with same general characteristics of the principal dwelling; and
i)
No boat houses or docks to extend beyond the limit of the lot, retaining walls to protect property from
lake level may be located on property line.
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Speargrass Low Density Residential District (S-LDR)
Purpose and Intent
The purpose and intent of this Land Use District is to provide for the development of Dwellings, Single
Detached on a range of lot sizes.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Dwelling, Single Detached
Accessory Buildings / Structures
Community Building and Facility
Home-Based Business, Type 2
Essential Public Services
Sign, Type 2
Notes:
1 - See Development Permits Not Required Section
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Lot Area Requirements
640.0 m2 (6, 889.13 ft2) - Based on average 16.0 m (52.49 ft) x 40.0 m
(131.23 ft) lot.
Front Yard
Principal Buildings: 6.10 m (20.0 ft)
Side Yard
1. Principal Buildings:
a. street side of a corner: 3.05 m (10.0 ft)
b. all other side yards: 1.22 m (4.0 ft)
2. Accessory Buildings:
a. street side of a corner site: 3.05 m (10.0 ft)
b. all other side yards: 1.22 m (4.0 ft)
Rear Yard
1. Principal Buildings: 7.62 m (25.0 ft) includes decks.
Decking is permitted but must maintain a 6.10 m (20.0 ft)
minimum clearance from rear property line.
2. Accessory Buildings: 7.50 m (24.61 ft)
Between buildings/structures
1.52 m (5.0 ft)
Minimum Floor Area Requirements
Single, detached: 97.55 m2 (1, 050.0 ft2)
Maximum Height Requirements
1. Principal Buildings: 10.05 m (33.0 ft)
2. Accessory Buildings: 5.50m (18.0 ft)
Maximum Area Requirements
1,000.0 m2 (10, 764.26 ft2) - Based on average 25.0 m (82.02 ft) x 40.0
m (131.23 ft) lot.
Maximum Lot Coverage:
50%, including accessory buildings
Accessory Buildings: 5% of site area
Additional Requirements
c) Each lot shall have a minimum of two onsite parking spaces;
d) All lots are to be serviced with a piped communal water and sewer system installed to the County's
satisfaction;
e) No livestock allowed within this Land Use District, except the provision of equine trails in designated
areas;
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f)
Accessory buildings are to be designed with same general characteristics as the principal dwelling;
and
g) No person shall be allowed to:
i. Keep or maintain any unlicensed, uninsured, dismantled or derelict vehicle(s) on a lot
within this district. A lot owner may store one uninsured recreational vehicle on the
site; and
ii. Keep any object or chattel, which in the opinion of the Development Officer, is
unsightly or tends to adversely affect the amenities of neighbouring properties.
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Speargrass Special Medium Density Residential District
(S-SMDR)
Purpose and Intent
The purpose and intent of this Land Use District is to provide for the development of villa
dwellings and lodges on large lots.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Dwelling, Multi-Unit
Community Building and Facility
Dwelling, Semi-detached
Home-Based Business, Type 2
Dwelling, Duplex
Sign, Type 2
Essential Public Service
Golf Course
Notes:
1 - See Development Permits Not Required Section
Site Regulations
b) The following regulations and policies shall apply to every development in this district.
Minimum Lot Area Requirements
0.4 ha (1.0 ac)
Front Yard
7.62 m (25.0 ft)
Side Yard
1. Principal Buildings:
a. Street side of a corner site: 3.05 m (10.0 ft)
b. all other sites: 1.22 m (4.0 ft)
2. Accessory Buildings:
a. street side of a corner site: 3.05 m (10.0 ft)
b. all other sites: 3.05 m (10.0 ft)
Rear Yard
1. Principal Buildings: 7.62 m (25.0 ft)
2. Accessory buildings: 7.62 m (25.0 ft)
Between buildings/structures
1.52 m (5.0 ft)
Minimum Floor Area Requirements
Per dwelling (unit): 75.0 m² (807.32 ft²)
Maximum Height Requirements
1. Principal Buildings: 15.24 m (50.0 ft)
2. Accessory Buildings: 5.49 m (18.0 ft)
Maximum Lot Area Requirements
1.62 ha (4.0 ac)
Maximum Lot Coverage
1. All Buildings: 70% of area of site.
2. Accessory Buildings: 10% of area of site.
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Additional Requirements
c) No livestock allowed within this Land Use District, except the provision of equine trails in designated
areas. The day use stabling of horses on lots is allowed;
d) No person shall be allowed to:
iv. Keep or maintain any unlicensed, uninsured, dismantled or derelict vehicle(s) on a lot
within this district. A lot owner may store one uninsured recreational vehicle on the
site;
v. Keep any object or chattel, which in the opinion of the Development Officer, is
unsightly or tends to adversely affect the amenities of neighbouring properties; and
vi. Notwithstanding (g), if the building setback line is greater than the 7.5 m
requirement, then the greater distance shall apply.
e) The maximum allowable density shall not exceed 18 units per acre;
f)
A single lodge dwelling may be constructed on a parcel which, in the opinion of the Development
Officer, meets the requirements of this District;
g) All lots are to be serviced with a piped communal water system and a sewage disposal system
installed to the County' satisfaction; and
h) Development of vacant lots shall not be commenced until a water and sewer system has been
installed to the County's satisfaction.
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Speargrass Medium Density Residential District (S-MDR)
Purpose and Intent
The purpose and intent of this Land Use District is to provide for the development of medium density
residential in the form of semi-detached dwellings.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Dwelling, Semi-detached
Accessory Buildings / Structures
Dwelling, Duplex
Community Building and Facility
Parks Minor
Campground, Minor
Campground, Major
Essential Public Service
Home Based Business, Type 2
Sign, Type 2
Notes:
1 - See Development Permits Not Required Section
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Lot Area Requirements
Semi-detached: 400.0 m2 (4, 305.71 ft2) per dwelling unit
Duplex: 400.0 m2 (4, 305.71 ft2) per dwelling unit.
Area of site based on average 10.0 m (32.81 ft) x 40.0 m (131.23
ft) lot (per half duplex)
Front Yard
6.10 m (20.0 ft) for Principal Buildings
Side Yard
1. Principal Buildings:
a. Street side of a corner site: 3.05 m (10.0 ft)
b. All other sites: 1.22 m (4.0 ft)
2. Accessory Buildings:
a. Street side of a corner site: 3.05 m (10.0 ft)
b. All other sites: 3.05 m (10.0 ft)
Rear Yard
1. Principal Buildings: 6.10 m (20.00 ft) includes decks
Decking is permitted, but must maintain a 6.10 m (20.0 ft
clearance) from rear property line.
2. Accessory buildings: 7.50 m (24.61 ft)
Between buildings/structures
1.52 m (5.0 ft)
Minimum Floor Area Requirements
Each dwelling unit: 92.90 m2 (1,000.0 ft2)
Maximum Height Requirements
Principal Buildings: 10.05 m (33.0 ft)
Maximum Floor Area Requirements
400.0 m2 (4,305.71 ft2) - Based on average 10.0 m (32.81 ft) x
40.0 m (131.23 ft) lot.
Maximum Lot Coverage:
40%
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Additional Requirements
c) All lots are to be serviced with a piped communal water and sewer system installed to the County's
satisfaction;
d) No livestock allowed within this Land Use District, except the provision of equine trails in designated
areas;
e) Accessory buildings are to be designed with the same general characteristics of the principal dwelling;
f)
No person shall be allowed to keep or maintain any unlicensed, uninsured, dismantled or derelict
vehicle(s) on a lot within this district. A lot owner may store one uninsured recreational vehicle on site;
and
g) No person shall be allowed to keep any object or chattel, which in the opinion of the Development
Officer, is unsightly or tends to adversely affect the amenities of neighboring properties.
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Direct Control District (DC-1)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over the development of a
variety of residential, commercial and recreational uses adjacent to Eagle Lake. This land use district shall
apply to:
Ptn NE-28-23-24-W4
Ptn SE 28-23-24-W4
Ptn NE 20-23-24-W4
Ptn NE 21-23-24-W4
Ptn NW 21-23-24-W4
Ptn SE 21-23-24-W4
Authority
All Permitted Uses shall be referred to the Development Officer for a decision while Discretionary Uses shall be
referred to Council for a decision.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Extensive Agricultural Pursuits
Accessory Building/Structure
Dwelling, Single Detached
Shipping Container
Dwelling, Semi-Detached
Dwelling, Secondary Suite
Dwelling, Multi-Unit
Hotel
Community Building and Facility
Motel
Golf Course
Home-Based Business, Type 2
Essential Public Services
Sign, Type 2
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Lot Area Requirements
Dwelling, Single Family: 650.30 m2 (7,000.0 ft2)
Duplex: 280.09 m2 (3,015.0 ft2)
Dwelling, Multi-family: 1850.10 m2 (19,915.0 ft2)
Commercial: 1850.10 m² (19,915.89 ft²)
Maximum Lot Area Requirements
Single Family, Semi-attached residential: 0.60 ha (1.50 ac);
Multi-family: 0.40 ha (1.0 ac);
Golf Courses: 64.75 ha (160.00 ac);
All other uses: to be determined at time of application to the County
Front Yard Setbacks
Dwelling, single family: 7.62 m (25.0 ft)
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Dwelling, Semi-detached or Dwelling, Multi-Unit: 6.09 m (20.0 ft);
All other uses: as approved by Council
Side Yard Setbacks
Street side of a corner site: 3.04m (10.0 ft)
One obstructed side yard: 3.04m (10.0 ft)
Attached side yard (semi-attached or multi-family unit): NIL
All other side yards: 1.22 m (4.0 ft).
Rear Yard Setbacks
6.09 m (20.0 ft)
Minimum Yard Setback between Buildings / Structures
1.52 m (5.0 ft)
Maximum Height Requirements
Residential Principal Buildings: 10.05 m (33.0 ft)
Accessory Buildings: 5.48 m (18.0 ft)
All other uses: to be determined at time of application to the County
Maximum Lot Coverage
40%
Additional Requirements
c) All lots are to be serviced with a piped communal water and sewer system installed to Wheatland
County's satisfaction;
d) No livestock shall be allowed within lands designated under this land use district, except the provision
of agricultural livestock on extensive agricultural operations continuing to exist until such time as the
land is developed;
e) Extensive agricultural operations are allowed to remain as a transition use until subdivision is
approved;
f)
Accessory buildings are to be designed with the same general characteristics of the principle dwelling;
and
g) A storm water management plan is required prior to any subdivision being approved including signed
agreements with the Western Irrigation District regarding discharge (both quantity and quality) into
canal.
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Appendix A: DC-1
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Direct Control District (DC-2)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over the development of the
land located on the east shore of Eagle Lake, north of the county park, in Zone 1 of the Eagle Lake Area
Structure Plan and included in the Eagle Shore Area Structure Plan, including portions of NE, NW, SE and SW
quarters of Section 33-23-24-W4M and portions of the NE, NW, SE, SW quarters of Section 4-24-24 W4M,
located in Wheatland County. The future development of this land includes a variety of residential types, open
space and recreation facilities, commercial and public uses.
Authority
All Permitted Uses shall be referred to the Development Officer for a decision while Discretionary Uses shall be
referred to Council for a decision.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Community Building and Facility
Accessory Buildings/Structures
Drinking and Eating Establishment
Bed and Breakfast
Dwelling, Secondary Suite
Campground
Dwelling, Single Detached
Motel
Dwelling, Semi-Detached
Recycling Facility
Dwelling, Multi Unit
Home-Based Business, Type 2
Essential Public Service
Sign, Type 3
Extensive Agricultural Pursuits (unsubdivided parcels)
Outdoor Storage
Golf Course
Hotel
Community Building and Facility
Cultural Facilities
Liquor Sales
Mixed-Use Building
Residential Care Facility
Restaurant
Spa and Wellness Centre
Sign, Type 2
Worship facility
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Lot Area Requirements
Dwelling, Single-detached; 232.25 m2 (2500.0 ft2)
Dwelling, Semi-detached: 139.35 m2 (1500.0 ft2)
Dwelling, Multi-Unit: to be determined at time of application to the County
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Commercial uses: to be determined at time of application to the County
Front Yard Setbacks
Dwelling, Single-detached: 4.57 m (15.0 ft)
Dwelling, Semi -detached: 4.57 m (15.0 ft)
Dwelling, Multi-Units: 6.10 m (20.0 ft)
All other uses: to be determined at time of application to the County
Side Yard Setbacks
Street side of a corner site: 3.048 m (10.0 ft)
Attached side yard: nil
All other side yards: 1.22 m (4.0 ft)
Rear Yard Setbacks
All residential: 6.10 m (20.0 ft)
All other uses: to be determined at time of application to the County
Maximum Height Requirements
Dwelling, Single-detached and semi-detached: 10.0 m (33.0 ft)
Dwelling, Multi-Unit: 13.72 m (45.0 ft)
Accessory Buildings: 5.48 m (18.0 ft)
All other uses: to be determined at time of application to the County
Maximum Lot Coverage
Dwelling, Single-detached: 40%
Dwelling, Semi-Detached: 60%
Dwelling, Multi-Unit: 50%
All other uses to be determined at time of application to the County
Additional Requirements
General Regulations
c) All lots are to be installed with piped water and sewer to the satisfaction of Wheatland County.
d) No livestock shall be allowed within the lands designated under this land use district, except for the
provision of agricultural livestock on extensive agricultural operations continuing to exist until such
time as the land is developed.
e) Extensive agricultural operations are allowed to remain as a transition use until subdivision is
approved.
f)
Lot owners, home owners and business owners are encouraged to adhere to the architectural
guidelines developed and applied by the developer.
g) Accessory buildings are to be designed with the same general characteristics as the principle building.
h) A storm water management plan is required prior to each phase of subdivision of 200 residential units
or more.
i)
All storm water discharge into Eagle Lake or the WID canal must meet the water quality standards of
the receiving agency.
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j)
A traffic impact assessment will be required for each phase of development designated for 200 or
more residential units.
k) No subdivision shall be registered until all required off site levies, surcharges, lake improvement fees
or construction bonds are paid in full.
l)
The overall density for residential density shall not exceed 20 units per hectare (8.0 units per acre).
Appendix A: DC-2
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Direct Control District (DC-3)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over the development of
land located on Sections NE & SE 22-27-23-W$M, Section 7-22-20-W4M, Section 12-28-24-W4M, NW-27-23-
21-W4M, NE-28-23-21-W4M, NW-6-28-21-W4M and NE-6-28-21-W4M, Block 12, Plan 6196AW and Lot 1,
Block 12, Plan 9812852 within the NE 21-26-22-W4M, and Block 14, Plan 6196AW within the NW 22-26-22-
W4M combined.
Authority
All Permitted Uses shall be referred to the Development Officer for a decision while Discretionary Uses shall be
referred to Council for a decision.
Definitions
Communal Child Care: Child care intended for short term daily care between the hours of 6am and 6pm of six
(6) or more children under the age of seven (7), by someone other than the parent or guardian. The parent or
guardian of the children must be present on or in the same property or building that the child care is taking
place. There is no formal educational curriculum as part of the daily child care.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Buildings / Structures
Agricultural Support Services
Agricultural Buildings / Structures
Abattoir
Agricultural Operation
Agricultural Processing - Major
Agricultural Processing - Minor
Composting Facility
Communal Child Care
Dwelling, Manufactured 2
Dwelling, Clustered Farm
Essential Public Service
Dwelling, Duplex
Food and Beverage Production
Dwelling, Manufactured 1
Greenhouse, Public
Dwelling, Modular
Industrial, Light
Dwelling, Single Detached
Industrial, Medium
Dwelling, Townhouse
Natural Resource Extractive
Greenhouse, Private
Office
Market Garden
Farmers Market
Nursery
Recycling Facility
School, Colony
Tower
Solar Panel, Ground Mounted
Warehouse / Commercial Storage
Worship Facility
WECS Category 1
WECS Category 2
Notes:
1 - See Development Permits Not Required Section
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
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Minimum Lot Area Requirements
The minimum lot size at the time of this bylaw given third reading
Minimum Yard Setbacks
22.86 m (75.0 ft) from right-of-way of a public road
3.05 m (10.0 ft) from the property line in all other cases
Minimum Yard Setback between Buildings / Structures
1.52 m (5.0 ft)
Maximum Height Requirements
18.28 m (60.0 ft) or three storeys (excludes grain bins and feed mills)
Minimum Gross Floor Area
A minimum of 97.54 m2 (1,050 ft2) Dwelling, Dingle Detached
A minimum of 97.54 m2 (1,050 ft2) Dwelling, Manufactured
A minimum of 97.54 m2 (1,050 ft2) Dwelling, Modular
A minimum of 84.0 m2 (904.20 ft2) Dwelling, Semi-Detached (per unit)
A minimum of 84.0 m2 (904.20 ft2) Dwelling, Multi-Unit (per unit)
Density
The maximum number of multiple unit dwellings shall be six (6)
The maximum number of dwelling units in a multiple unit dwelling shall be
eight (8)
Maximum density for dwellings other than multiple unit dwellings shall be
permitted in accordance with the same use defined as Dwelling, Clustered
Farm.
Special Regulations
c) No more than four (4) industrial operations will be allowed in NW-27-23-21-W4M and NE-28-23-21-
W4M combined this District.
d) No more than four (4) industrial operations will be allowed in NW-6-28-21-W4 and NE-6-28-21-W4
combined.
e) No more than four (4) industrial operations will be allowed in Block 12, Plan 6196AW and Lot 1, Block
12, Plan 9812852 within the NE 21-26-22-W4M, and Block 14, Plan 6196AW within the NW 22-26-
22-W4M combined.
f)
The design, location and operation of private sewage treatment facilities shall adhere to the Alberta
Private Sewage Systems Standard of Practice.
g) No operation or activity shall emit air and water contaminants in excess of the standards prescribed by
the Environmental Protection and Enhancement Act.
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Appendix A: DC-3
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7-22-20-W4M
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Direct Control District (DC-4)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over development of land
located within Lot 1, Block 1 Plan 1012696 in the NE-7-22-21-W4M.
Authority
All Permitted Uses shall be referred to the Development Officer for a decision while Discretionary Uses shall be
referred to Council for a decision.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building / Structure
Outdoor Storage
Office
Shipping Container
Recreational Vehicle Storage
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Parcel Size
0.40 ha (1.0 ac) or greater
Maximum Lot Coverage
No buildings, structures or impervious surfaces shall cover more than 40%
of the lot area.
Required Buildable Area
In accordance with the Buildable Area for Parcels Section of this Bylaw
Setback Between Buildings / Structures
A minimum of 1.52 m (5.0 ft)
Front Yard Setback
A minimum of 38.10 m (125.0 ft) from the right-of-way of a public road.
A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road.
A minimum of 7.62 m (25.0 ft) from the property line in all other cases.
Side Yard Setback
A minimum of 38.10 m (125.0 ft) from the right-of-way of a public road.
A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road.
A minimum of 7.62 m (25.0 ft) from the property line in all other cases.
Rear Yard Setback Requirements
A minimum of 38.10 m (125.0 ft) from the right-of-way of a public road.
A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road.
A minimum of 7.62 m (25.0 ft) from the property line in all other cases.
Yards Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
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Other Setbacks
See the Special Setback Requirements section of this Bylaw for
additional setback requirements that may apply.
Building Heights
Dwelling Unit: Maximum 12.19 m (40.0 ft)
For all other Permitted and Discretionary Uses: Limited to such height as
deemed suitable and appropriate for the intended use.
Appendix A: DC-4
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Direct Control District (DC-5)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over a portion of NE-27-24-
25-W4M for the purposes of a compressor station and natural resource extraction / processing.
Authority
All Permitted Uses shall be referred to the Development Officer for a decision while Discretionary Uses shall be
referred to Council for a decision.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building / Structure
Industrial, Light
Outdoor Storage
Industrial, Medium
Office
Shipping Container
Natural Resource Extraction / Processing
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Parcel Size
0.40 ha (1.0 ac) or greater
Maximum Lot Coverage
No buildings, structures or impervious surfaces shall cover more than 40%
of the lot area.
Required Buildable Area
In accordance with the Buildable Area for Parcels Section of this Bylaw
Setback Between Buildings / Structures
A minimum of 1.52 m (5.0 ft)
Front Yard Setback
A minimum of 38.10 m (125.0 ft) from the right-of-way of a public road.
A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road.
A minimum of 7.62 m (25.0 ft) from the property line in all other cases.
Side Yard Setback
A minimum of 38.10 m (125.0 ft) from the right-of-way of a public road.
A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road.
A minimum of 7.62 m (25.0 ft) from the property line in all other cases.
Rear Yard Setback Requirements
A minimum of 38.10 m (125.0 ft) from the right-of-way of a public road.
A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road.
A minimum of 7.62 m (25.0 ft) from the property line in all other cases.
Yards Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
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Other Setbacks
See the Special Setback Requirements section of this Bylaw for
additional setback requirements that may apply.
Building Heights
Dwelling Unit: Maximum 12.19 m (40.0 ft)
For all other Permitted and Discretionary Uses: Limited to such height as
deemed suitable and appropriate for the intended use.
Appendix A: DC-5
NE 27-24-25-W4M
DC 5
Hwy 817
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Direct Control District (DC-6)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over the development of a
variety of residential and commercial uses in 5272 CG located within the Hamlet of Rosebud.
Authority
All Permitted Uses shall be referred to the Development Officer for a decision while Discretionary Uses shall be
referred to Council for a decision.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Buildings/Structures
Drinking and Eating Establishment
Accessory Use
Sign, Type 3
Bed and Breakfast
Uses as per Development Authority
Dwelling, Duplex
Dwelling, Secondary Suite
Farmers Market
Home-Based Business, Type 2
Mixed Use Apartments
Office
Restaurant
Retail Establishment
Spa and Wellness Centre
Sign, Type 2
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Area of Site
345.0 m² (3,714 ft2) for fully serviced lots
Minimum Width of Site
9.0m (29.5 ft)
Front Yard Setbacks
1.22m (4.0ft)
Side Yard Setbacks
Principal Buildings: 1.22m (4.0ft) If adjacent to other properties
0.15 where structure is adjacent to a roadway
Accessory Buildings: 1.22m (4.0 ft)
Rear Yard Setbacks
Principle Buildings: 7.62 m (25.0 ft)
Accessory Buildings: 1.22 m (4.0 ft)
Minimum Yard Setback between Buildings / Structures
1.52m (5.0 ft)
Maximum Height Requirements
Principal Building: 12.20 m (40.0 ft) and three stories
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Accessory Buildings: 5.49 m (18.0 ft) and one storey
Maximum Lot Coverage
75%
Landscaping Requirements
10% of site area unless otherwise determined by the Development
Authority
Additional Requirements
c) Outside storage areas shall be screened from adjacent sites and public thoroughfares to the
satisfaction of the Development Authority.
Appendix A: DC-6
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Direct Control District (DC-7)
General Regulations
a) The General Regulations contained in the Land Use Bylaw shall apply unless otherwise specified in
this Bylaw.
b) The General Regulations contained within this section are applicable to the entire development area
which includes all development cells.
c) Council shall be responsible for the issuance of development permits for all discretionary uses listed
within each development cell.
d) The Development Officer shall be responsible for the issuance of development permits for all
permitted uses listed within each development cell.
e) For the purposes of this Bylaw, the lands shall be divided into development cells. The boundaries of
each development cell are indicated on the attached Schedule 'A' which forms part of this Bylaw.
f)
The location, size and shape of the development cells as indicated on the attached "Appendix A -
Development Cells" are approximate and will be determined by plan of survey to the satisfaction of the
County, to be submitted to the County by the Developer as an application for subdivision approval.
g) The water supply and distribution system required to service any of the development cells shall be via
a piped water system constructed, licensed and permitted by Alberta Environment and Parks.
h) The wastewater servicing solution required to service any of the development cells shall be via a piped
wastewater system constructed, licensed and permitted by Alberta Environment and Parks.
1. Cell 1 Land Use Regulations - Residential Type I
Purpose and Intent
The purpose and intent of this development cell is to provide for low density residential development in the
form of single detached dwellings.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building/Structure
Home-Based Business, Type 2
Dwelling, Single Detached
Show Home
Essential Public Service
Parks, Minor*
*This use shall be only allowed on Plan 2211277; Block 11; Lot 223
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
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Minimum Parcel Size
As per the Approving Authority
Minimum Parcel Width
14.0m (46.0ft)
Front Yard Setback
6.10m (20.0ft) principal building and accessory buildings
4.57m (15.0ft) principal building and accessory buildings (street side of a
corner site)
4.57m (15.0ft) for side entrance garages where the vehicular garage
doors do not front the street
Side Yard Setback
1.22m (4.0ft) principal building and accessory buildings
3.05m (10.0ft) principal building and accessory buildings (street side of a
corner site)
Rear Yard Setback
6.10m (20.0ft) principal building
1.22m (4.0ft) accessory buildings
Minimum Yard Setback between Buildings / Structures
1.52 m (5.0 ft)
Maximum Height Requirements
10.0m (32.8ft) principal building
5.03m (16.5ft) accessory buildings
Maximum Site Coverage
50%
2. Cell 2 Land Use Regulations - Residential Type II
Purpose and Intent
The purpose and intent of this development cell is to provide for low to medium density residential
development in the form of semi-detached dwellings.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building/Structure
Home-Based Business, Type 2
Dwelling, Semi-Detached
Show Home
Essential Public Service
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Parcel Size
As per the Approving Authority
Minimum Parcel Width
7.6m (25.0ft) semi-detached units
Front Yard Setback
6.10m (20.0ft) principal building and accessory buildings
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4.57m (15.0ft) principal building and accessory buildings (street side of a
corner site)
4.57m (15.0ft) for side entrance garages where the vehicular garage
doors do not front the street
Side Yard Setback
1.22m (4.0ft) principal building and accessory buildings
3.05m (10.0ft) principal building and accessory buildings (street side of a
corner site)
0.0m (0.0ft) principal building where sharing a common wall
Rear Yard Setback
6.10m (20.0ft) principal building
1.22m (4.0ft) accessory buildings
Minimum Yard Setback between Buildings / Structures
1.52 m (5.0 ft)
Maximum Height Requirements
10.0m (32.8ft) principal building
5.03m (16.5ft) accessory buildings
Maximum Site Coverage
50%
3. Cell 3 Land Use Regulations - Residential Type III
Purpose and Intent
The purpose and intent of this development cell is to provide for country residential development on lots
ranging in size from 0.5 to 1.0 acre.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building/Structure
Home-Based Business, Type 2
Dwelling, Single Detached
Show Home
Essential Public Service
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Parcel Size
1,951m2 (21,000ft2)
Minimum Parcel Width
21.0m (68.9ft)
Front Yard Setback
7.62m (25.0ft) principal building and accessory buildings
Side Yard Setback
3.05m (10.0ft) principal building and accessory buildings
Rear Yard Setback
7.62m (25.0ft) principal building and accessory buildings
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Minimum Yard Setback between Buildings / Structures
1.52 m (5.0 ft)
Maximum Height Requirements
10.0m (32.8ft) principal building
5.03m (16.5ft) accessory buildings
Maximum Site Coverage
40%
4. Cell 4 Land Use Regulations - Golf Course
Purpose and Intent
The purpose and intent of this development cell is to provide for a golf course and accessory uses and
accessory buildings related to the golf course.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building/Structure
Dwelling, Employee
Essential Public Service
Golf Course
Sign, Type 2
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Parcel Size
As per Approving Authority
Minimum Parcel Width
As per Approving Authority
Front Yard Setback
6.10m (20.0ft) principal building (clubhouse) and accessory building
Side Yard Setback
Principal Building (clubhouse): 3.05m (10.0ft) abutting an internal road
1.22m (4.0ft) from the property line in all
other cases
Accessory Buildings: 3.05m (10.0ft) abutting an internal road
1.22m (4.0ft) from the property line in all other cases
Rear Yard Setback
6.10m (20.0ft) principal building (clubhouse)
1.22m (4.0ft) accessory buildings
Minimum Yard Setback between Buildings / Structures
1.52 m (5.0 ft)
Maximum Height Requirements
18.28 m (60.0ft)
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5. Cell 5 Land Use Regulations - Public Utility
Purpose and Intent
The purpose and intent of this development cell is to provide for public/private utilities required to service the
subject lands.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Essential Public Service
None
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Parcel Size
As per Approving Authority
Minimum Parcel Width
As per Approving Authority
Front Yard Setback
As per Approving Authority
Side Yard Setback
As per Approving Authority
Rear Yard Setback
As per Approving Authority
Maximum Height Requirements
As per Approving Authority
Maximum Site Coverage
As per Approving Authority
6. Cell 6 Land Use Regulations - Storage
Purpose and Intent
The purpose and intent of this development cell is to provide for the outside storage of recreational vehicles.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building/Structure
Recreation Vehicle Storage
Essential Public Service
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
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Minimum Parcel Size
1.21ha (3.0 ac)
Minimum Front Yard Setback Requirements
15.24m (50ft) principal building and accessory buildings
Minimum Side Yard Setback Requirements
3.05m (10.0ft) principal building and accessory buildings
Minimum Rear Yard Setback Requirements
6.10m (20.0ft) principal building and accessory buildings
Minimum Yard Setback between Buildings / Structures
1.52m (5.0ft)
Maximum Height Requirements
As per Approving Authority
7. Cell 7 Land Use Regulations - Village Centre
Purpose and Intent
The purpose and intent of this development cell is to provide for the development of a village centre for
commercial, administrative and community facilities to serve the community.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building/Structure
Cannabis Store
Office
Community Building and Facility
Sign, Type 2
Community Recreation Facility
Solar Panel, Structure Mount
Convenience Store
Solar Panel, Ground Mount
Cultural Facilities
Drinking and Eating Establishment
Entertainment Venue
Farmers Market
Fitness Centre
Liquor Sales
Outdoor Café
Parks & Playgrounds
Restaurant
Retail Establishment
Service Station
Show Home
Sign, Type 3
Spa and Wellness Centre
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
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Minimum Parcel Size
1. For the creation of new parcels the following minimum parcel sizes shall
be required:
a) Fully serviced parcels with water and wastewater piped servicing: 0.2
ha (0.5 ac); and
b) Unserviced parcels: 0.4 ha (1.0 ac)
Front Yard Setback
3.05 m (10.0 ft)
Side Yard Setback
12.2 m (40.0 ft) abutting a County road
3.05 m (10.0 ft) from the property line in all other cases
Rear Yard Setback
3.05 m (10.0 ft)
Minimum Yard Setback between Buildings / Structures
1.52m (5.0ft)
Maximum Height Requirements
18.28 m (60.0 ft)
Maximum Site Coverage
90%
Development Regulations
c) Building Design
i. The design, character and appearance of all buildings shall be appropriate to
and compatible with their intended use and the surrounding area.
ii. All colours, materials and finishes should be co-ordinated on all exterior
elevations of the buildings to achieve total continuity and comprehensiveness of
design.
iii. The finish and appearance of any accessory buildings shall complement the
principal building(s).
iv. Detailed architectural design guidelines prepared by a professional architect
must be submitted to Wheatland County in advance of future commercial
development within the Village Centre cell.
d) Parking / Loading
i. The parking and loading requirements contained in the Land Use Bylaw, at the
time the development permit is applied for, shall apply unless otherwise
specified in this Bylaw.
ii. Parking areas shall be paved with an asphalt or concrete surface.
iii. Loading areas shall be visually screened from Muirfield Boulevard and Range
Road 264.
Special Regulations
e) Applications proposing subdivision of the lands within this Cell shall provide the following, in addition
to standard application requirements, at the time of submission:
i. Traffic Impact Assessment
ii. Stormwater Management Plan/Site-Specific Implementation Plan
iii. A Site Plan showing anticipated building use, building footprints, building
orientation, parking areas, vehicular access/egress, servicing between parcels,
open space, landscaping, signage, pedestrian circulation to/from and within the
Site and other information to the satisfaction of the Subdivision Authority.
f)
Newly created parcels shall have direct access to a road.
i. Applications may be required to construct a new internal service road. Private
roadways may be considered, provided that they satisfy the County's servicing
standards.
ii. Road Acquisition Agreements should be considered in order to maintain access
potential for future parcels.
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iii. Shared access via a Mutual Access Easement may be considered.
iv. Panhandles shall not be supported.
g) Direct access to Range Road 264 shall not be supported.
8. Cell 8 Land Use Regulations - Seniors' Independent Living
Purpose and Intent
The purpose and intent of this development cell is to provide for a seniors' independent living complex.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building/Structure
Dwelling, Multi-Unit
Sign, Type 2
Home Sales Center
Residential Care Facility
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Parcel Size
1.86 ha (4.59 ac)
Front Yard Setback
15.24m (50ft)
Side Yard Setback
12.2 m (40.0 ft) abutting a County road
3.05 m (10.0 ft) from the property line in all other cases
Rear Yard Setback
6.10m (20.0ft)
Minimum Yard Setback between Buildings / Structures
1.52m (5.0ft)
Maximum Height Requirements
18.28 m (60.0 ft)
Maximum Site Coverage
50%
Development Regulations
c) Building Design
i. The design, character and appearance of all buildings shall be appropriate to
and compatible with their intended use and the surrounding area.
ii. All colours, materials and finishes should be co-ordinated on all exterior
elevations of the buildings to achieve total continuity and comprehensiveness of
design.
iii. The finish and appearance of any accessory buildings shall complement the
principal building(s).
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d) Parking / Loading
i. The parking and loading requirements contained in the Land Use Bylaw, at the
time the development permit is applied for, shall apply unless otherwise
specified in this Bylaw.
ii. Parking areas shall be paved with an asphalt or concrete surface.
iii. Loading areas shall be visually screened from Muirfield Boulevard and Range
Road 264.
Special Regulations
e) With each Development Permit application, a Site Plan shall be submitted for the area covered by the
development permit application. The plan shall show anticipated building use, building footprints,
building orientation, parking areas, vehicular access/egress, servicing between parcels, open space,
landscaping, signage, pedestrian circulation to/from and within the Site and other information to the
satisfaction of the Development Authority.
9. Cell 9 Land Use Regulations - Future Residential Type 1 Development
Purpose and Intent
The purpose and intent of this development cell is to provide for future single-family residential development
within the Lakes of Muirfield community upon near build-out of Cell 1 of this Direct Control (DC) District.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
None
None
Special Regulations
b) A DC Bylaw Amendment shall be required authorizing development in Cell 9 before development can
proceed.
c) No DC Bylaw amendment authorizing development in Cell 9 should occur until 90% of the lots in Cell 1
have been issued building permits. Upon building permits having been issued for 90% of the lots in
Cell 1 pursuant to the Safety Codes Act, County staff shall prepare and submit an amendment to this
DC Bylaw that allows for single-family residential development in Cell 9 for Council's consideration.
d) A DC Bylaw amendment may allow for either a portion or all of Cell 9 to be developed, as determined
to be appropriate by Council.
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APPENDIX A: DC-7
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Direct Control District (DC-8)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over the development of
land located on Lot 8, Block 1, Plan 1510257 in the NW-4-24-25-W4M.
General Regulations:
a) The General Regulations contained in the Land Use Bylaw shall apply unless otherwise specified in
this Direct Control Bylaw.
b) For the purposes of this Bylaw, the lands shall be divided into two development cells. The boundaries
of each development cell are indicated on the attached Schedule 'A' which forms part of this Bylaw.
c) No operation or activity shall emit air and water contaminants in excess of the standards prescribed by
the Environmental Protection and Enhancement Act.
d) The minimum lot area of this Direct Control District is 4.03 ha (9.96 ac)
e) All Permitted Uses shall be referred to the Development Officer for a decision while Discretionary Uses
shall be referred to Council for a decision.
1. Cell 1 Land Use Regulations - Residential
Purpose and Intent
The purpose and intent of this cell is to provide for a residential dwelling and continued agricultural uses within
Cell 1 as per Schedule A.
Permitted and Discretionary Uses
a) The following uses in the table below shall be permitted or discretionary with or without conditions
provided that the application complies with the regulations of this district and this Bylaw.
Permitted
Discretionary
Accessory Buildings / Structures
Tower
Dwelling, Single Detached
Stripping and Grading
Solar Panel, Ground Mount
Solar Panel, Structure Mount
WECS (micro)
Site Regulations
b) The following regulations and policies shall apply to every development in this cell:
Minimum Cell Area Requirement
2.44 ha (6.05 ac)
Maximum Cell Coverage
No buildings, structures or impervious surfaces shall cover more than 15%
of the total cell area.
Minimum Setback Between Buildings / Structures
1.52 m (5.0 ft)
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Front Yard Setback
7.62 m (25.0 ft) from the property line
Side Yard Setback
7.62 m (25.0 ft) from the property line in all other cases
Rear Yard Setback
7.62 m (25.0 ft) from the property line
Maximum Height Requirements
Maximum 12.19 m (40.0 ft)
2. Cell 2 Land Use Regulations - Industrial
Purpose and Intent
The purpose and intent of this cell is to provide for the existing industrial activity within Cell 2 as per Schedule
A.
Permitted and Discretionary Uses
a) The following uses in the table below shall be permitted or discretionary with or without conditions
provided that the application complies with the regulations of this district and this Bylaw.
Permitted
Discretionary
Accessory Buildings / Structures
Tower
Industrial, Medium
Mechanical Repair Shop
Outdoor Storage
Stripping and Grading
Shipping Container
Solar Panel, Ground Mount
Solar Panel, Structure Mount
Warehouse Storage
Site Regulations
b) The following regulations and policies shall apply to every development in this cell:
Minimum Cell Area Requirement
1.58 ha (3.91 ac)
Maximum Cell Coverage
No buildings, structures or impervious surfaces shall cover more than 15%
of the total cell area
Minimum Setback Between Buildings / Structures
15.24 m (50 ft)
Front Yard Setback
30.48 m (100.0 ft) from the property line in all other cases
Side Yard Setback
35.05 m (115.0 ft) from the property line in all other cases
Rear Yard Setback
7.62 m (25.0 ft) from the property line in all other cases
Maximum Height Requirements
Maximum 12.19 m (40.0 ft)
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Appendix A: DC-8
Lot 1, Block 8, Plan 151 0257
Rge Rd 254
Cell 1 - Residential
Cell 2 - Industrial
N
WID Canal
Cell 1: +/- 2.44
ha (6.05 ac)
Cell 2: +/- 1.58
ha (3.91 ac)
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Direct Control District (DC-9)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over the development of
land located on Block 1, Plan 941 0521 in the SW-35-23-25-W4M
General Regulations
a) The General Regulations contained in the Land Use Bylaw shall apply unless otherwise specified in
this Direct Control Bylaw.
b) For the purposes of this Bylaw, the lands shall be divided into two development cells. The boundaries
of each development cell are indicated on the attached Schedule 'A' which forms part of this Bylaw.
c) A maximum of two dwelling units are allowed within Cell 1. No Dwelling Units are allowed within Cell 2.
d) The minimum lot area of this Direct Control District is 16.89 ha (41.73 ac)
e) All Permitted Uses shall be referred to the Development Officer for a decision while Discretionary Uses
shall be referred to Council for a decision.
1. Cell 1 Land Use Regulations -Agricultural
Purpose and Intent
The purpose and intent of this cell is to provide for the one residential dwelling and continued agricultural uses
within Cell 1 as per Schedule A.
Permitted and Discretionary Uses
a) The following uses in the table below shall be permitted or discretionary with or without conditions
provided that the application complies with the regulations of this district and this Bylaw.
Permitted
Discretionary
Accessory Buildings / Structures
Agricultural Processing - Minor
Agricultural Operation
Agricultural Processing - Major
Dwelling, Single Detached
Dwelling, Manufactured 2
Dwelling, Modular
Tower
Dwelling, Manufactured 1
Dwelling, Employee
Farm Building
Solar Panel, Ground Mount
Solar Panel, Structure Mount
Stripping and Grading
WECS (micro)
Site Regulations
b) The following regulations and policies shall apply to every development in this cell:
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Minimum Cell Area Requirement
16.08 ha (39.73 ac)
Maximum Cell Coverage
No buildings, structures or impervious surfaces shall cover more than 40%
of the total cell area.
Minimum Setback Between Buildings / Structures
1.52 m (5.0 ft)
Front Yard Setback
22.86 m (75.0 ft) from the right-of-way of a public road.
3.0 m (10.0 ft) from the property line in all other cases
Side Yard Setback
22.86 m (75.0 ft) from the right-of-way of a public road.
3.0 m (10.0 ft) from the property line in all other cases
Rear Yard Setback
22.86 m (75.0 ft) from the right-of-way of a public road.
3.0 m (10.0 ft) from the property line in all other cases
Yard Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Maximum Height Requirements
Maximum 12.19 m (40.0 ft)
2. Cell 2 Land Use Regulations - Recreational Vehicle Storage
Purpose and Intent
The purpose and intent of this cell is to allow for Recreational Vehicle Storage within Cell 2 as per Schedule A.
Permitted and Discretionary Uses
a) The following uses in the table below shall be permitted or discretionary with or without conditions
provided that the application complies with the regulations of this district and this Bylaw.
Permitted
Discretionary
Accessory Buildings / Structures
Recreational Vehicle Storage
Stripping and Grading
Site Regulations
b) The following regulations and policies shall apply to all development in this cell:
Maximum Cell Area Requirement
+/- 0.80 ha (2.0 ac)
Maximum Cell Coverage
No buildings or structures shall cover more than 20% of the total cell area.
Minimum Setback Between Buildings / Structures
1.52 m (5.0 ft)
Yard Setback
7.62 m (25.0 ft) from the property line
Maximum Height Requirements
Maximum 6.09 m (20.0 ft)
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Special Regulations
c) Development Permit applications for Recreational Vehicle Storage shall include a landscaping and
screening plan. All landscaping shall be in accordance with the Land Use Bylaw.
Appendix A: DC-9
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Direct Control District (DC-10)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over the development of land
located on Lots 3 & 5, Block 1, Plan 061 1627, Lots 7 & 8, Block 1, Plan 061 1628 and Parcels 6 & 9, Plan 911
1987. In 2017 these parcels were consolidated into Lot 1, Block 9, Plan 1711778.
General Regulations
a) The General Regulations contained in the Land Use Bylaw shall apply unless otherwise specified in this
Direct Control Bylaw.
b) For the purposes of this Bylaw, the lands shall be divided into two development cells. The boundaries of
each development cell are indicated on the attached Appendix 'A' which forms part of this Bylaw.
c) The minimum lot area of this Direct Control District is 134.93 ha (333.42 ac)
d) All Permitted Uses shall be referred to the Development Officer for a decision while Discretionary Uses
shall be referred to Council for a decision.
e) The design, location and operation of private sewage treatment facilities shall adhere to the Alberta
Private Sewage Systems Standard of Practice.
f)
Fencing shall be erected around the perimeter of Cell 2 to a maximum height of 2.44 m (8.0 ft). Fencing
not exceeding the maximum allowable height does not require a development permit.
Definitions
The Terms not defined in this bylaw have the same meaning as defined in Land Use Bylaw 2016-01.
"Dwelling, Dormitory" - means a building containing a number of private or semi-private rooms for residents,
usually along with common bathroom facilities and recreation areas.
"Interpretive Centre" - means a building or group of buildings that provide interpretation of the place of interest
through education and awareness. They may include facilities such as refreshment rooms and gift shops.
"Private Animal Care Facility" - means a facility which provides care, raising and breeding of endangered
species. Could also include onsite medical care and treatment of animals.
1. Cell 1 Land Use Regulations - Institutional
Purpose and Intent
The purpose and intent of this cell is to provide for the care, raising and breeding of endangered species within
Cell 1 as per Appendix A. This includes the provision of accommodations and facilities to support the purpose
and intent.
Permitted and Discretionary Uses
a) The following uses in the table below shall be permitted or discretionary with or without conditions
provided that the application complies with the regulations of this district and this Bylaw.
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Permitted
Discretionary
Accessory Buildings / Structures
Dwelling, Dormitory
Dwelling, Manufactured
Interpretive Centre
Dwelling, Modular
Sign, Type 3
Dwelling, Single Detached
Tower
Greenhouse, Private
Private Animal Care Facility
Office
Sign, Type 2
Solar Panel, Ground Mount
Solar Panel, Structure Mount
Storage Yard
WECS (micro)
Site Regulations
b) The following regulations and policies shall apply to every development in this cell:
Minimum Cell Area Requirement
13.52 ha (33.42 ac)
Maximum Cell Coverage
No buildings, structures or impervious surfaces shall cover more than 30% of
the total cell area.
Minimum Setback Between Buildings / Structures
1.52 m (5.0 ft)
Front Yard Setback
38.1 m (125.0 ft) from the property line
Rear Yard Setback
7.62 m (25.0 ft) from the property line
Yard Setback
7.62 m (25.0 ft) from the property line in all other cases
Maximum Height Requirements
Maximum 12.19 m (40.0 ft)
Minimum Gross Floor Area
a)
97.54 m2 (1,050 ft2) dwelling, single detached
b)
97.54 m2 (1,050 ft2) dwelling, manufactured
c)
97.54 m2 (1,050 ft2) dwelling, modular
d)
74.32 m2 (800 ft2) dwelling, semi-detached
e)
23.22 m2 (250 ft2) dwelling, dormitory
Density
a)
The maximum number of dwellings shall be three (3), excluding
dwelling, dormitory
b)
The maximum number of dormitory dwellings shall be one (1)
c)
The maximum number of units within a dwelling, dormitory shall be ten
(10)
2. Cell 2 Land Use Regulations - Open Area
Purpose and Intent
The purpose and intent of this cell is to provide for the care, raising and breeding of endangered species within
Cell 2 as per Appendix A.
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Permitted and Discretionary Uses
a) The following uses in the table below shall be permitted or discretionary with or without conditions
provided that the application complies with the regulations of this district and this Bylaw.
Permitted
Discretionary
Accessory Buildings / Structures
Sign, Type 3
Private Animal Care Facility
Tower
Sign, Type 2
Solar Panel, Ground Mount
Solar Panel, Structure Mount
Storage Yard
WECS (micro)
Site Regulations
b) The following regulations and policies shall apply to every development in this cell:
Minimum Cell Area Requirement
121.41 ha (300.0 ac)
Maximum Cell Coverage
No buildings, structures or impervious surfaces shall cover more than 5%
of the total cell area.
Minimum Setback Between Buildings / Structures
1.52 m (5.0 ft)
Front Yard Setback
38.1 m (125.0 ft) from the property line
Rear Yard Setback
7.62 m (25.0 ft) from the property line
Yard Setback
7.62 m (25.0 ft) from the property line in all other cases
Maximum Height Requirements
Maximum 12.19 m (40.0 ft)
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Appendix A: DC-10
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Direct Control District (DC-11)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over the development of
land located on Lot 1, Block 1, Plan 051 1551 in NW-4-24-25-W4M.
General Regulations
a) The General Regulations contained in the Land Use Bylaw shall apply unless otherwise specified in
this Direct Control Bylaw.
b) For the purposes of this Bylaw, the lands shall be divided into three development cells. The
boundaries of each development cell are indicated on the attached Appendix 'A' which forms part of
this Bylaw.
c) A maximum of one Dwelling Unit is allowed within Cell 2. No Dwelling Units are permitted within Cell 1
and Cell 3 as per Schedule A.
d) The minimum lot area of this Direct Control District is 39.37 ha (97.28 ac)
e) All Permitted Uses shall be referred to the Development Officer for a decision while Discretionary Uses
shall be referred to Council for a decision.
1. Cell 1 Land Use Regulations - Agriculture
Purpose and Intent
The purpose and intent of this cell is to allow agricultural uses within Cell 1 as per Schedule A.
Permitted and Discretionary Uses
a) The following uses in the table below shall be permitted or discretionary with or without conditions
provided that the application complies with the regulations of this district and this Bylaw.
Permitted
Discretionary
Accessory Building / Structure
Agricultural Processing - Minor
Agricultural Operation
Agricultural Processing - Major
Farm Building
Tower
Stripping and Grading
Solar Panel, Ground Mount
Solar Panel, Structure Mount
WECS (micro)
Site Regulations
b) The following regulations and policies shall apply to every development in this cell:
Minimum Cell Area Requirement
+/- 33.18 ha (82.01 ac)
Maximum Cell Coverage
No buildings, structures or impervious surfaces shall cover more than 15%
of the total cell area.
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Minimum Setback Between Buildings / Structures
1.52 m (5.0 ft)
Front Yard Setback
38.10 m (125.0 ft) from the right-of-way of a public road.
7.62 m (25.0 ft) from the property line in all other cases
Side Yard Setback
38.10 m (125.0 ft) from the right-of-way of a public road.
7.62 m (25.0 ft) from the property line in all other cases
Rear Yard Setback
38.10 m (125.0 ft) from the right-of-way of a public road.
7.62 m (25.0 ft) from the property line in all other cases
Maximum Height Requirements
Maximum 12.19 m (40.0 ft)
2. Cell 2 Land Use Regulations - Residential
Purpose and Intent
The purpose and intent of this cell is to allow residential uses present on the parcel while ensuring an
appropriate buffer between this use and the adjacent industrial uses/development cells.
Permitted and Discretionary Uses
a) The following uses in the table below shall be permitted or discretionary with or without conditions
provided that the application complies with the regulations of this district and this Bylaw.
Permitted
Discretionary
Accessory Building / Structure
Tower
Dwelling, Single Detached
Stripping and Grading
Solar Panel, Ground Mount
Solar Panel, Structure Mount
WECS (micro)
Site Regulations
b) The following regulations and policies shall apply to every development in this cell:
Minimum Cell Area Requirement
2.17 ha (5.38 ac)
Maximum Cell Coverage
No buildings, structures or impervious surfaces shall cover more than 40%
of the total cell area.
Minimum Setback Between Buildings / Structures
1.52 m (5.0 ft)
Yard Setback
7.62 m (25.0 ft) from the property line
Maximum Height Requirements
Maximum 12.19 m (40.0 ft)
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3. Cell 3 Land Use Regulations - Industrial
Purpose and Intent
The purpose and intent of this cell is to allow the existing industrial operations present on the parcel within Cell
3 as per Schedule A.
Permitted and Discretionary Uses
a) The following uses in the table below shall be permitted or discretionary with or without conditions
provided that the application complies with the regulations of this district and this Bylaw.
Permitted
Discretionary
Accessory Building / Structure
Automotive and Equipment Services
Stripping and Grading
Storage Yard
Shipping Container
Tower
Solar Panel, Ground Mount
Solar Panel, Structure Mount
WECS (micro)
Site Regulations
b) The following regulations and policies shall apply to every development in this cell:
Minimum Cell Area Requirements
4.0 ha (9.89 ac)
Maximum Cell Coverage
No buildings, structures or impervious surfaces shall cover more than 20%
of the total Cell 3 area.
Minimum Setback Between Buildings / Structures
1.52 m (5.0 ft)
Yard Setback
7.62 m (25.0 ft) from the property line
Maximum Height Requirements
Maximum 12.19 m (40.0 ft)
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Appendix A: DC-11
Cell 1: Agriculture
Cell 2: Residential
Cell 3: Industrial
N
RGE RD 254
Cell 1: +/- 33.18 ha
(82.01 ac)
Lot 1, Block 1,
Plan 051 1551
Cell 2: +/-
2.17 ha (5.38
ac)
Cell 3: +/- 4.0 ha
(9.89 ac)
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Direct Control District (DC-12)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over the development of
land located on Lot 3, Block 3, Plan 061 2529 in the N-21-24-25-W4M.
General Regulations
a) The General Regulations contained in the Land Use Bylaw shall apply unless otherwise specified in
this Direct Control Bylaw.
b) For the purposes of this Bylaw, the lands shall be divided into two development cells. The boundaries
of each development cell are indicated on the attached Appendix 'A' which forms part of this Bylaw.
c) The minimum lot area of this Direct Control District is 126.4 ha (316.56 ac).
d) All Permitted Uses shall be referred to the Development Officer for a decision while Discretionary Uses
shall be referred to Council for a decision.
1. Cell 1 Land Use Regulations - Golf Course & Recreation
Purpose and Intent
The purpose and intent of this cell is to provide for a golf course and recreational uses within Cell 1 as per
Schedule A.
Permitted and Discretionary Uses
a) The following uses in the table below shall be permitted or discretionary with or without conditions
provided that the application complies with the regulations of this district and this Bylaw.
Permitted
Discretionary
Accessory Building / Structure
Campground (major)
Campground (Minor)
Convenience Store
Community Buildings and Facilities
Dwelling, Security
Community Recreational Facility
Farmers Market
Golf Course
Outdoor Café
Parks Minor
Recreational, Major
Recreational, Minor
Sign, Type 3
Restaurant
Stripping and Grading
Sign, Type 2
Solar Panel, Structure Mount
Solar Panel, Ground Mount
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Site Regulations
b) The following regulations and policies shall apply to every development in this cell:
Minimum Cell Area Requirement
36.18 ha (89.41 ac)
Maximum Cell Coverage
No buildings, structures or impervious surfaces shall cover more than 40%
of the total cell area.
Minimum Setback Between Buildings / Structures
1.52 m (5.0 ft)
Front Yard Setback
38.10 m (125.0 ft.) from the right-of-way of a public road.
Side Yard Setback
7.62 m (25.0 ft) from the property line in all other cases
Rear Yard Setback
7.62 m (25.0 ft) from the property line
Maximum Height Requirements
Maximum 12.19 m (40.0 ft)
2. Cell 2 Land Use Regulations - Agriculture
Purpose and Intent
The purpose and intent of this cell is to provide for agricultural uses within Cell 2 as per Schedule A.
Permitted and Discretionary Uses
a) The following uses in the table below shall be permitted or discretionary with or without conditions
provided that the application complies with the regulations of this district and this Bylaw.
Permitted
Discretionary
Accessory Building/Structure
Abattoir
Agricultural Operation
Agricultural Processing - Major
Agricultural Processing - Minor
Animal Services
Dwelling, Clustered Farm
Bed and Breakfast
Dwelling, Manufactured 1
Composting Facility
Dwelling, Modular
Day Home
Dwelling, Moved On
Dwelling, Accessory
Dwelling, Secondary Suite
Dwelling, Manufactured 2
Dwelling, Single Detached
Equestrian Centre
Farm Building
Natural Resource Extraction / Processing
Farm Gate Sales
Sign, Type 3
Greenhouse, Private
Solar Facility
Greenhouse, Public
Stockpile
Home-Based Business, Type 2
Tower
Home-Based Business, Type 3
WECS (Category 1)
Nursery
WECS (Category 2)
Shipping Container
Sign, Type 2
Solar Panel, Ground Mount
Solar Panel, Structure Mount
Stripping and Grading
WECS (micro)
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Site Regulations
b) The following regulations and policies shall apply to every development in this cell:
Minimum Cell Area Requirement
91.93 ha (227.15)
Maximum Cell Coverage
No buildings, structures or impervious surfaces shall cover more than 15%
of the total cell area
Minimum Setback Between Buildings / Structures
1.52 m (5.0 ft)
Front Yard Setback
38.10 m (125.0 ft) from the property line
Side Yard Setback
38.10 m (125.0 ft) from the property line when adjacent to a public road
7.62 m (25.0 ft) from the property line in all other cases
Rear Yard Setback
7.62 m (25.0 ft) from the property line in all other cases
Maximum Height Requirements
Maximum 12.19 m (40.0 ft)
Appendix A: DC-12
Lot 3, Block 3 Plan 061 2529
Rge Rd 254
Cell 1 - Golf Course & Recreational
Cell 2 -Agricultural
N
Twp Rd. 244
Cell 1: +/-
36.18 ha
(89.41 ac)
Cell 2: +/-
91.93 ha
(227.15)
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Direct Control District (DC-13)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over the development of
land located on Lots A & B, Plan 831 0554 in the SE-4-24-25-W4M.
General Regulations
a) The General Regulations contained in the Land Use Bylaw shall apply unless otherwise specified in
this Direct Control Bylaw.
b) For the purposes of this Bylaw, the lands shall be divided into two development cells. The boundaries
of each development cell are indicated on the attached Appendix 'A' which forms part of this Bylaw.
c) The minimum plan area of this Direct Control District is 24.77 ha (61.21 ac)
d) All Permitted Uses shall be referred to the Development Officer for a decision while Discretionary Uses
shall be referred to Council for a decision.
e) All Development upon the lands shall be in accordance with all plans and specifications submitted
pursuant to this Bylaw and all licenses, permits and approvals pertaining to the lands.
f)
Any Development Permit application for which a relaxation or variance of the bylaw is required will be
submitted to Council for approval except for the following:
i. The Development Officer has the authority to render a decision on applications
where the variance or relaxation of the Bylaw application where the variance is
for site coverage, front, rear and/or side yard setbacks, gross floor area or
building height of up to 10% of the requirement.
1. Cell 1 Land Use Regulations - Agriculture
Purpose and Intent
The purpose and intent of this cell is to allow limited agricultural uses within Cell 1 as per Appendix 'A'.
Permitted and Discretionary Uses
a)
The following uses in the table below shall be permitted or discretionary with or without conditions
provided that the application complies with the regulations of this district and this Bylaw.
Permitted
Discretionary
Accessory Building / Structure
Animal Services
Agricultural Operation
Equestrian Centre
Agricultural Processing - Minor
Sign, Type 3
Farm Building
Stockpile
Farm Gate Sales
Tower
Shipping Container
WECS (Category 1)
Sign, Type 2
WECS (Category 2)
Solar Panel, Ground Mount
Solar Panel, Structure Mount
Stripping & Grading
WECS (micro)
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Site Regulations
b)
The following regulations and policies shall apply to every development in this cell:
Minimum Cell Area Requirement
11.4 ha (28.21 ac).
Maximum Cell Coverage
No buildings, structures or impervious surfaces shall cover more than 15%
of the total cell area.
Minimum Setback Between Buildings / Structures
Minimum of 1.52 m (5.0 ft).
Front Yard Setback
22.86 m (75.0 ft) from the right-of-way of a public road.
3.048 m (10.0 ft) from the property line in all other cases.
Side Yard Setback
22.86 m (75.0) from the right-of-way of a public road.
3.048 m (10.0 ft) from the property line in all other cases.
Rear Yard Setback
3.048 m (10.0 ft) from the property line in all other cases.
Maximum Height Requirements
Maximum of 12.19 m (40.0 ft).
2. Cell 2 Land Use Regulations - Industrial Institutional
Purpose and Intent
The purpose and intent of this cell is to allow institutional uses on the parcel while ensuring an appropriate
buffer between this use and the adjacent cells / parcels.
Permitted and Discretionary Uses
a) The following uses in the table below shall be permitted or discretionary with or without conditions
provided that the application complies with the regulations of this district and this Bylaw.
Permitted
Discretionary
Accessory Building / Structure
Community Buildings and Facilities
Dwelling, Employee
Essential Public Service
Office
Industrial, Light
Shipping Container
School, Post-Secondary
Solar Panel, Ground Mount
Solar Panel, Structure Mount
Stripping and Grading
Site Regulations
b) The following regulations shall apply to every development in this cell:
Minimum Cell Area Requirement
13.3 ha (33.0 ac).
Maximum Cell Coverage
No buildings, structures or impervious surfaces shall cover more than 40%
of the total cell area.
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Minimum Setback Between Buildings / Structures
Minimum of 1.52 m (5.0 ft).
Front Yard Setback
22.86 m (75.0 ft) from the right-of-way of a public road.
3.048 m (10.0 ft) from the property line in all other cases.
Side Yard Setback
3.048 m (10.0 ft) from the property line in all other cases.
Rear Yard Setback
3.048 m (10.0 ft) from the property line in all other cases.
Maximum Height Requirements
Maximum of 12.19 m (40.0 ft).
Appendix A: DC-13
Cell 1: Agriculture
Cell 2: Industrial Institutional
N
Twp Rd. 240
Lot A, Plan
831 0554
WID Canal
Lot B, Plan
831 0554
Cell 2:
Institutional
13.3 ha
(33.0 ac)
Cell 1:
Agricultural
11.4 ha
(28.21 ac)
SE-4-24-25-W4M
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Direct Control District (DC-14)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over the development of
land located on Lot 2, Block 1, Plan 111 0071 in the NW-36-23-22-W4M.
General Regulations
a) The General Regulations contained in the Land Use Bylaw shall apply unless otherwise specified in
this Direct Control Bylaw.
b) For the purposes of this Bylaw, the lands shall be divided into two development cells. The boundaries
of each development cell are indicated on the attached Schedule 'A' which forms part of this Bylaw.
c) The minimum lot area of this Direct Control District is 15.24 ha (37.67 ac)
d) All Permitted Uses shall be referred to the Development Officer for a decision while Discretionary Uses
shall be referred to Council for a decision.
1. Cell 1 Land Use Regulations - Residential
Purpose and Intent
The purpose and intent of this cell is to provide for a residential dwelling and continued agricultural uses within
Cell 1 as per Schedule A.
Permitted and Discretionary Uses
a)
The following uses in the table below shall be permitted or discretionary with or without conditions
provided that the application complies with the regulations of this district and this Bylaw.
Permitted
Discretionary
Accessory Buildings / Structures
Dwelling, Manufactured 2
Dwelling, Modular
Tower
Dwelling, Manufactured 1
Dwelling, Moved-On
Dwelling, Single Detached
Stripping and Grading
Solar Panel, Ground Mount
Solar Panel, Structure Mount
WECS (micro)
Site Regulations
b)
The following regulations and policies shall apply to every development in this cell:
Minimum Cell Area Requirement
+/- 13.42 ha (33.17 ac)
Maximum Cell Coverage
No buildings, structures or impervious surfaces shall cover more than 40%
of the total cell area.
Minimum Setback Between Buildings / Structures
1.52 m (5.0 ft)
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Front Yard Setback
22.86 m (75.0 ft) from the right-of-way of a public road
3.048 m (10.0 ft) from the property line in all other cases
Side Yard Setback
22.86 m (75.0 ft) from the right-of-way of a public road
3.04 m (10.0 ft) from the property line in all other cases
Rear Yard Setback
22.86 m (75.0 ft) from the right-of-way of a public road
3.04 m (10.0 ft) from the property line in all other cases
Maximum Height Requirements
12.19 m (40.0 ft)
2. Cell 2 Land Use Regulations - Industrial
Purpose and Intent
The purpose and intent of this cell is to provide for industrial activity within Cell 2 as per Schedule A.
Permitted and Discretionary Uses
a) The following uses in the table below shall be permitted or discretionary with or without conditions
provided that the application complies with the regulations of this district and this Bylaw.
Permitted
Discretionary
Accessory Buildings / Structures
Industrial, Medium
Stripping and Grading
Mechanical Repair Shop
Shipping Container
Outdoor Storage
Solar Panel, Ground Mount
Tower
Solar Panel, Roof Mount
Site Regulations
b) The following regulations and policies shall apply to every development in this cell:
Minimum Cell Area Requirement
1.82 ha (4.50 ac)
Maximum Cell Coverage
No buildings, structures or impervious surfaces shall cover more than 40%
of the total cell area
Minimum Setback Between Buildings / Structures
15.24 m (50 ft)
Front Yard Setback
22.86 m (75.0 ft) from the right-of-way of a public road
3.048 m (10.0 ft) from the property line in all other cases
Side Yard Setback
22.86 m (75.0 ft) from the right-of-way of a public road
3.04 m (10.0 ft) from the property line in all other cases
Rear Yard Setback
22.86 m (75.0 ft) from the right-of-way of a public road
3.04 m (10.0 ft) from the property line in all other cases
Yards Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Maximum Height Requirements
12.19 m (40.0 ft)
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Appendix A: DC-14
Lot 2, Block 1, Plan 111 0071
Rge Rd 221
Cell 1 - Residential
Cell 2 - Industrial
N
Cell 1: 13.42 ha
(33.17 ac)
Cell 2: 1.82 ha
(4.50 ac)
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Direct Control District (DC-15)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over the development of
land located on SE-16-26-21-W4M for the agricultural, residential, institutional uses associated with the
Midwest Hutterite Colony.
Authority
All Permitted Uses shall be referred to the Development Officer for a decision while Discretionary Uses shall be
referred to Council for a decision.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Buildings / Structures
Abattoir
Agricultural Operation1
Agricultural Processing - Major
Agricultural Processing - Minor
Communal Child Care
Dwelling, Clustered Farm
Dwelling, Temporary
Dwelling, Multi-Unit
Stockpile
Dwelling, Duplex
Tower
Dwelling, Single Detached
WECS Category 1
Farm Building
WECS Category 2
Greenhouse, Private
School, Colony
Shipping Container
Sign, Type 2
Solar Panel, Ground Mounted
Solar Panel, Structure Mounted
Stripping and Grading1
Worship Facility
Notes:
1 - See Development Permits Not Required Section
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Yard Setbacks
22.86 m (75.0 ft) from the nearest limit (property line) of the public road
right of way
3.05 m (10.0 ft) from the property line in all other cases
Minimum Yard Setback between Buildings / Structures
1.52 m (5.0 ft)
Maximum Height Requirements
12.19 m (60.0 ft) or three storeys (excludes grain bins and feed mills)
Density
The maximum number of Multi-Unit dwellings shall be four (4)
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The maximum number of dwelling units in a multiple unit dwelling shall be
four (4)
Minimum Gross Floor Area
A minimum of 97.54 m2 (1,050 ft2) Dwelling, Single Detached
A minimum of 84.0 m2 (904.20 ft2) Dwelling, Multi-Unit (per unit)
Yards Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Other Setbacks
See the Special Setback Requirements section of this Bylaw for additional
setback requirements that may apply.
Special Regulations
c) The design, location and operation of private sewage treatment facilities shall adhere to the Alberta
Private Sewage Systems Standard of Practice.
d) Intensive Livestock Operations requires NRCB approvals prior to development.
e) No operation or activity shall emit air or water contaminants in excess of the standards prescribed by
the Environmental Protection and Enhancement Act.
Definitions
f)
Communal Child Care: Child care intended for short term daily care between the hours of 6am and
6pm of six (6) or more children, under the age of seven (7), by someone other than the parent or
guardian. The parent or guardian of the children must be present on or in the same property or
building that the child care is taking place. There is no formal educational curriculum as part of the
daily child care.
Appendix A: DC-15
TWP RD 262
Direct Control (DC)
District plan area
AG to DC
+/- 159.0 acres
SE-16-26-21-W4M
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Direct Control District (DC-16)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over the development of
land located on SE 23-25-21-W4M for the purposes of the Standard Hutterian Bretheren.
Authority
All Permitted Uses shall be referred to the Development Officer for a decision while Discretionary Uses shall be
referred to Council for a decision.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Buildings / Structures
Abattoir
Agricultural Operation1
Agricultural Processing - Major
Agricultural Processing - Minor
Communal Child Care
Dwelling, Clustered Farm
Dwelling, Temporary
Dwelling, Duplex
Stockpile
Dwelling, Multi-Unit
Tower
Dwelling, Single Detached
WECS Category 1
Dwelling, Townhouse
WECS Micro
Farm Building
Greenhouse, Private
School, Colony
Shipping Container
Sign, Type 2
Solar Panel, Ground Mounted1
Solar Panel, Structure Mounted1
Stripping and Grading1
Worship Facility
Notes:
1 - See Development Permits Not Required Section
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Yard Setbacks
22.86 m (75.0 ft) from the nearest limit (property line) of the public road
right of way
3.05 m (10.0 ft) from the property line in all other cases
Minimum Yard Setback between Buildings / Structures
1.52 m (5.0 ft)
Maximum Height Requirements
12.19 m (60.0 ft) or three storeys (excludes grain bins and feed mills)
Density
The maximum number of Dwelling, Multi-Unit or Townhouse shall be four
(4) (can be a mix of the two dwelling types, but cannot exceed a total of 4).
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The maximum number of dwelling units in a Dwelling, Multi-Unit or
Townhouse shall be eight (8)
Yards Setbacks from Existing and Proposed Highways
and Service Roads
22.86 m (75.0 ft) from the nearest limit (property line) of the public road
right of way
Minimum Gross Floor Area
A minimum of 121.92 m2 (400.0 ft2) Dwelling, Single Detached
A minimum of 121.92 m2 (400.0 ft2) Dwelling, Multi-Unit (per unit)
A minimum of 121.92 m2 (400.0 ft2) Dwelling, Townhouse (per unit)
Yards Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Other Setbacks
See the Special Setback Requirements section of this Bylaw for additional
setback requirements that may apply.
Special Regulations
c) The design, location and operation of private sewage treatment facilities shall adhere to the Alberta
Private Sewage Systems Standard of Practice.
d) Intensive Livestock Operations requires NRCB approvals prior to development.
e) No operation or activity shall emit air or water contaminants in excess of the standards prescribed by
the Environmental Protection and Enhancement Act.
Definitions
f)
Communal Child Care: Child care intended for short term daily care between the hours of 6am and
6pm of six (6) or more children, under the age of seven (7). The care would be overseen by someone
other than the parent or guardian within a building not used as a dwelling. There is no formal
educational curriculum as part of the daily child care.
Appendix A: DC-16
HWY 842
RGE RD 212
SE-23-25-21-W4M
Applicable Direct
Control
District area
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Direct Control District (DC-17)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over the development of
land located on SE 6-25-17-W4M, Plan 081 4298 Block 1 Lot 1, and SW 5-25-17-W4M for the purposes of the
Ridgeland Hutterian Bretheren.
Authority
All Permitted Uses shall be referred to the Development Officer for a decision while Discretionary Uses shall be
referred to Council for a decision.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Buildings / Structures
Abattoir
Agricultural Operation1
Agricultural Processing - Major
Agricultural Processing - Minor
Communal Child Care
Dwelling, Clustered Farm
Dwelling, Temporary
Dwelling, Townhouse
Industrial, Light
Farm Building
Recycling Facility
Greenhouse, Private
Stockpile
School, Colony
Tower
Shipping Container
WECS Category 1
Sign, Type 2
WECS Micro
Solar Panel, Ground Mounted1
Solar Panel, Structure Mounted1
Stripping and Grading1
Worship Facility
Notes:
1 - See Development Permits Not Required Section
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Yard Setbacks
22.86 m (75.0 ft) from the nearest limit (property line) of the public road
right of way
3.05 m (10.0 ft) from the property line in all other cases
Minimum Yard Setback between Buildings / Structures
1.52 m (5.0 ft)
Maximum Height Requirements
12.19 m (60.0 ft) or three storeys (excludes grain bins and feed mills)
Density
The maximum number of Dwelling, Townhouse shall be six (6).
The maximum number of dwelling units in a Dwelling Townhouse shall be
eight (8)
Yards Setbacks from Existing and Proposed Highways
and Service Roads
22.86 m (75.0 ft) from the nearest limit (property line) of the public road
right of way
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Minimum Gross Floor Area
A minimum of 121.92 m2 (400.0 ft2) Dwelling, Single Detached
A minimum of 121.92 m2 (400.0 ft2) Dwelling, Clustered (per unit)
A minimum of 121.92 m2 (400.0 ft2) Dwelling, Townhouse (per unit)
Yards Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Other Setbacks
See the Special Setback Requirements section of this Bylaw for additional
setback requirements that may apply.
Special Regulations
c) The design, location and operation of private sewage treatment facilities shall adhere to the Alberta
Private Sewage Systems Standard of Practice;
d) Intensive Livestock Operations requires NRCB approvals prior to development;
e) No operation or activity shall emit air or water contaminants in excess of the standards prescribed by
the Environmental Protection and Enhancement Act;
f)
Landscaping shall be completed in accordance with Section 7.12 Landscaping, Fencing and Screening
(please see the Wheatland County Landscape & Screening Guidelines for additional information);
g) Levels and methods of screening of the site shall be completed in accordance with Section 7.12
Landscaping, Fencing and Screening (please see the Wheatland County Landscape & Screening
Guidelines for additional information);
Definitions
h) Communal Child Care: Child care intended for short term daily care between the hours of 6am and
6pm of six (6) or more children, under the age of seven (7), by someone other than the parent or
guardian. The parent or guardian of the children must be present on or in the same property or
building that the child care is taking place. There is no formal educational curriculum as part of the
daily child care.
Schedule A: DC 17
County of Newell
SW-5-25-17-W4M
RGE RD 175
TWP RD 250
SE-6-25-17-W4M
Plan 081 4298
Block 1 Lot 1
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Direct Control District (DC-18)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over the development of
land located within NW-29-24-24-W4M for the purposes of Automotive and Equipment Services.
Definitions
The Terms not defined in this District have the same meaning as defined in Land Use Bylaw 2016-01.
Agricultural Support Services - means development providing products or services directly related to the
agricultural industry. This use would include the sale and storage of seed, saddlery, feed, fertilizer, chemical
products, fuel, and agricultural machinery.
Automotive and Equipment Services - means development used for the rental, lease, sale, indoor and outdoor
storage, service, restoration and/or mechanical repair of automobiles, farm equipment, trucks, trailers, motor-
cycles, snowmobiles, tent trailers, boats or recreational vehicles. Uses and facilities would also include
transmission ships, muffler shops, autobody paint and repair facilities and fleet services.
Parcel - means the portion of NW-29-24-24-W4M within the redesignated area as shown on Schedule 'A': DC-
18.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Buildings / Structures
Agricultural Support Services
Automotive and Equipment Services
Office
Sign, Type 2
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Parcel Size
0.4 ha (1.0 ac)
Maximum Parcel Area Coverage
No building or group of buildings including their accessory buildings and
impervious surfaces shall cover more than 90% of the Parcel's area.
Minimum Setbacks between Buildings / Structures
1.52 m (5.0 ft)
Minimum Front, Side, and Rear Yard Setbacks
22.86 m (75.0 ft) from the nearest limit (property line) of the public road
right of way.
15.24 m (50.0 ft) from the right-of-way of an internal subdivision road.
3.05 m (10.0 ft) from the property line in all other cases.
Yard Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Other Setbacks
See the Special Setback Requirements section of the Land Use Bylaw
2016-01 for additional setback requirements that may apply.
Maximum Height Requirements
Limited to such height as deemed suitable and appropriate for the
intended use.
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General Regulations
c) The General Regulations contained in the Land Use Bylaw 2016-01 shall apply unless otherwise
specified in this Bylaw.
d) The Permitted Uses shall be referred to the Development Officer for a decision while Discretionary
Uses shall be referred to Council for a Decision.
e) Any Development Permit application for which a relaxation or variance of the bylaw is required will be
submitted to Council for approval except for the following:
i. The Development Officer has the authority to render a decision on applications
where the variance or relaxation of the Bylaw application where the variance is
for site coverage, front, rear and/or side yard setbacks of up to 10% of the
requirement.
Schedule A: DC-18
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Direct Control District (DC-19)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over the development of
land located on the northwest portion of NE-20-23-25-4.
General Regulations:
a) The General Regulations contained in the Land Use Bylaw shall apply unless otherwise specified in
this Direct Control Bylaw.
b) For the purposes of this Bylaw, the lands shall be divided into two development cells. The boundaries
of each development cell are indicated on the attached Schedule 'A' which forms part of this Bylaw.
c) The minimum lot area of this Direct Control District is 3.95 ha (9.77 ac).
d) All Permitted Uses shall be referred to the Development Officer for a decision while Discretionary Uses
shall be referred to Council for a decision.
1. Cell 1 Land Use Regulations - Recreational Vehicle Storage
Purpose and Intent
The purpose and intent of this cell is to provide for Recreational Vehicle Storage activity Cell 1 as per Schedule
A.
Definitions
Parcel: means the portion of NE-20-23-25-W4M within the redesignated area as shown on Schedule A: DC-19.
Shipping Container: means a steel and/or wood structure that is portable in nature, used for storage and not
on an axle. Examples include sea-cans and moving containers. The storage of shipping containers on site shall
be limited to a maximum of five (5). Shipping containers shall not be stacked.
Permitted and Discretionary Uses
a)
The following uses in the table below shall be permitted or discretionary with or without conditions
provided that the application complies with the regulations of this district and this Bylaw.
Permitted
Discretionary
Accessory Building / Structure
Outdoor Storage
Agricultural Operation
Agricultural Processing - Minor
Agricultural Support Services
Office
Recreational Vehicle Storage
Shipping Container
Site Regulations
b)
The following regulations and policies shall apply to every development in this cell:
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Minimum Parcel Size
0.4 ha (1.0 ac)
Maximum Parcel Area Coverage
No building or group of buildings including their accessory buildings and
impervious surfaces shall cover more than 90% of the Parcel's area.
Minimum Setbacks between Buildings / Structures
1.52 m (5.0 ft)
Minimum Front, Side, and Rear Yard Setbacks
22.86 m (75.0 ft) from the nearest limit (property line) of the public road
right of way.
15.24 m (50.0 ft) from the right-of-way of an internal subdivision road.
3.05 m (10.0 ft) from the property line in all other cases.
Yard Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Other Setbacks
See the Special Setback Requirements section of the Land Use Bylaw
2016-01 for additional setback requirements that may apply.
Maximum Height Requirements
Limited to such height as deemed suitable and appropriate for the
intended use.
2. Cell 2 Land Use Regulations - Residential
Purpose and Intent
The purpose and intent of this cell is to allow residential uses present on the parcel while ensuring an
appropriate buffer between this use and the adjacent recreational vehicle storage uses/development cells.
Permitted and Discretionary Uses
a) The following uses in the table below shall be permitted or discretionary with or without conditions
provided that the application complies with the regulations of this district and this Bylaw.
Permitted
Discretionary
Accessory Building / Structure
Bed and Breakfast
Agricultural Operation2
Dwelling, Accessory
Agricultural Processing - Minor
Dwelling, Manufactured 2
Day Home
Dwelling, Temporary
Dwelling, Duplex
Home-Based Business, Type 3
Dwelling, Manufactured 1
Sign, Type 3
Dwelling, Modular
Tower
Dwelling, Moved On
Dwelling, Secondary Suite
Dwelling, Semi-Detached
Dwelling, Single Detached
Farm Building2
Greenhouse, Private
Home-Based Business, Type 2
Shipping Container
Sign, Type 2
Solar Panel, Ground Mount1
Solar Panel, Structure Mount1
Stripping and Grading1
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Site Regulations
b) The following regulations and policies shall apply to every development in this cell:
Minimum Parcel Size
0.40 ha (1.0 ac)
Maximum Lot Coverage
No buildings, structures or impervious surfaces shall cover more than 40%
of the lot area.
Setback Between Buildings / Structures
A minimum of 1.52 m (5.0 ft)
Minimum Front, Side, and Rear Yard Setbacks
22.86 m (75.0 ft) from the nearest limit (property line) of the public road
right of way.
3.05 m (10.0 ft) from the property line in all other cases.
Yards Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Other Setbacks
See the Special Setback Requirements section of this Bylaw for
additional setback requirements that may apply.
Maximum Height Requirements
Limited to such height as deemed suitable and appropriate for the
intended use.
Schedule A: DC-19
Twp Rd 234
Cell 1: 2.82 ha
(6.98 ac)
Cell 2: 1.13 ha
(2.79 ac)
NE-20-23-25-W4M
Cell 1 - Recreational Vehicle Storage
Cell 2 - Residential
N
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Direct Control District (DC-20)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over the development of
land located on NE-19-26-25-W4M for the agricultural, residential, institutional, and industrial uses associated
with the Mountain View Hutterite Colony.
Authority
All Permitted Uses shall be referred to the Development Officer for a decision while Discretionary Uses shall be
referred to Council for a decision.
Definitions
a) Communal Child Care: Child care intended for short term daily care between the hours of 6am and
6pm of six (6) or more children, under the age of seven (7), by someone other than the parent or
guardian. The parent or guardian of the children must be present on or in the same property or
building that the child care is taking place. There is no formal educational curriculum as part of the
daily child care.
Permitted and Discretionary Uses
b) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Buildings / Structures
Abattoir
Agricultural Operation1
Agricultural Processing - Major
Agricultural Processing - Minor
Recycling Facility
Communal Child Care
Stockpile
Dwelling, Duplex
Tower
Dwelling, Modular
WECS Category 1
Dwelling, Multi-Unit
WECS Category 2
Dwelling, Single Detached
Dwelling, Temporary
Dwelling, Townhouse
Farm Building
Greenhouse, Private
School, Colony
Shipping Container
Sign, Type 2
Solar Panel, Ground Mounted
Solar Panel, Structure Mounted
Stripping and Grading1
Worship Facility
Notes:
1 - See Development Permits Not Required Section
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Site Regulations
c) The following regulations and policies shall apply to every development in this district:
Minimum Yard Setbacks
22.86 m (75.0 ft) from the nearest limit (property line) of the public road
right of way
3.05 m (10.0 ft) from the property line in all other cases
Minimum Yard Setback between Buildings / Structures
1.52 m (5.0 ft)
Maximum Height Requirements
12.19 m (60.0 ft) or three storeys (excludes grain bins and feed mills)
Density
The maximum number of Dwelling, Multi-Unit or Dwelling, Townhouse shall
be five (5)
The maximum number of dwelling units in a multiple unit dwelling shall be
six (6)
Maximum density for dwellings other than multiple unit dwellings shall be
permitted in accordance with the same use defined as Dwelling, Clustered
Farm.
Minimum Gross Floor Area
A minimum of 97.54 m2 (1,050 ft2) Dwelling, Single Detached
A minimum of 84.0 m2 (904.20 ft2) Dwelling, Multi-Unit (per unit)
Yards Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Other Setbacks
See the Special Setback Requirements section of this Bylaw for additional
setback requirements that may apply.
Special Regulations
d) The design, location and operation of private sewage treatment facilities shall adhere to the Alberta
Private Sewage Systems Standard of Practice.
e) Intensive Livestock Operations requires NRCB approvals prior to development.
f)
No operation or activity shall emit air or water contaminants in excess of the standards prescribed by
the Environmental Protection and Enhancement Act.
Appendix A: DC -20
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Direct Control District (DC-21)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over the development of
land located on SW-9-24-23-W4M for a large scale commercial solar project.
Authority
All Permitted Uses shall be referred to the Development Officer for a decision while Discretionary Uses shall be
referred to Council for a decision.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Buildings / Structures
Sign, Type 3
Shipping Container
Stripping and Grading
Sign, Type 2
Solar Facility
Tower
Notes:
1 - See Development Permits Not Required Section
Site Regulations
b) The following regulations and policies shall apply to development in this district:
Maximum Parcel Size
140 acres
Maximum Lot Coverage
No Solar Facility, including their accessory buildings and impervious surfaces,
shall cover no more than 85% percent of the 140 acre site.
Maximum Building Heights
For all other Permitted and Discretionary Uses: Limited to such height as
deemed suitable and appropriate for the intended use.
Setbacks
a)
A minimum of 1.52 m (5.0 ft) between accessory structures and
buildings.
b)
A minimum of 175m (574.15 ft.) distance from the northern property
line of the redesignated area to any residential dwelling.
c)
A minimum of 22.86 m (75.0 ft.) distance from the Solar Facility
Infrastructure to a public road right-of-way.
d)
A minimum of 3.05m (10.0 ft) from the property line in all other cases
for all infrastructure associated with a Solar Facility.
Yard Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation.
Special Requirements
c)
A vegetation buffer developed in consultation with a registered arborist shall be planted along the
northern fence line of the project site (outside of the redesignated parcel) to the satisfaction of the
Development Authority.
d)
The vegetation buffer shall be regularly maintained throughout the lifespan of the solar project,
including watering, pruning, and replacing dead trees as required.
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General Requirements
Application Submission
e) An accurate site plan depicting the titled parcels and location of the Solar Facility:
i. The site plan must also depict the required setbacks from the property lines and
the proximity to structures or uses on the site and adjacent parcels of land;
f)
Detailed information about the system type, number of structures, height of structures, and the energy
process and rated output;
g) Preliminary site grading/drainage plan, including site construction and or grading plan with details on
proposed management practices for any soil stripping and erosion control;
h) The Development Authority may require a stormwater management plan to be submitted with a
redesignation, subdivision, or development permit application. The plan shall be prepared by a
qualified professional;
i)
Any impacts to the local road system including required approaches from public roads, public road
upgrades or development, must meet the minimum Servicing Plan requirements for Wheatland
County;
j)
Engineered drawings to County standards as requirement for upgrading or developing a public road
system, where applicable;
k) The applicant shall show consideration to preferred sites and areas in the County as per the Least
Conflict Lands map.
Community Consultation
l)
Summary and details of public consultation undertaken to date. At the discretion of the Development
Authority, further public engagement or consultation may be required to meet the County's Public
Engagement policies;
m) If the Development Permit application is submitted for the Solar Facility within one (1) year from the
date of redesignation approval, the previous consultation for the redesignation application can be
submitted. If the Development Permit is submitted more than one (1) year after the date of
redesignation approval (3rd and Final Reading), additional public engagement or consultation shall be
required.
Environmental Considerations
n) Provision of any federal or provincial environmental site assessment or impact assessment reports as
approved and reviewed by AEP and AUC if applicable;
o) All lighting must be in accordance with the Dark Sky Considerations of the Land Use Bylaw, as
amended.
p) Provision of any wildlife or environmental studies as approved by AEP and AUC, if applicable.
q) A vegetation and soil management plan may be required with a development permit application
indicating efforts made by the owner/operator to control weeds and soil erosion. Greater preference is
given to plans that consider perennial forage as a ground cover in lieu of gravel pads.
Residential Setback Requirements
r)
The Applicant shall provide a map showing the distances between the proposed Solar Facility in
relation to nearby residential designated parcels, and adjacent dwellings. The setbacks from the
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furthest extent of the facility, and its associated infrastructure, must meet the minimum Site
Regulation setback requirements of this district.
Abandonment or Termination
s) The Development Authority may require a decommissioning plan be submitted in support of the
application if not provided and approved by AUC.
t)
Upon abandonment or termination of a Solar Facility the site and soils shall be restored to its
preconstruction condition; and
u) Submission of a post-construction reclamation plan and decommissioning plan detailing how the
developed lands will be returned to as natural a state as possible, including removal of subsoil
structures.
Haul Route
v) The proposed Haul Route shall be provided to the County at the time of redesignation application and
development permit submission.
w) Haul route agreements and a security deposit collectable by the Public Works Department for the
County roads affected by the hauling route shall be required.
Additional Requirements
x)
As a condition of approval on a development permit application for the Solar Facility, the developer
shall obtain and demonstrate compliance from all relevant Alberta Utilities Commission and other
provincial and federal permits, approvals, and licenses.
Appendix A: DC - 21
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Direct Control District (DC-22)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over the development of
approximately 24.21 hectares (59.82 acres) of land located on SW-4-22-25-W4M for the development of
residential care facilities that includes independent living cottages, commercial and related seniors' amenities.
Authority
All Permitted Uses shall be referred to the Development Officer for a decision while Discretionary Uses shall be
referred to Council for a decision.
Definitions
Community Centre - means a building or a portion of a building for the administration of the
independent living cottages, the residential care homes, and other land, buildings, and facilities within
the Chara Development. The Centre will also provide services to the Chara Development that may
include, but are not limited to, administration offices, chapels, convenience stores, community
meeting areas, dental offices, libraries, medical offices, recreation rooms and facilities, and dining
halls.
Dining Hall - means a restaurant-style dining facility for residents and their guests.
Independent Living Cottages - means single family dwellings or "cottages" to allow independent living
while removing many of the demands that come with owning a home. Every independent living cottage
will have access to community gathering spaces and commercial amenities.
Residential Care Homes - means multi-unit residential care homes, which will eventually include
multiple levels of seniors' care, memory care, respite care and palliative (hospice) care.
Terms not defined herein have the same meaning as defined in Part 2 of the Land Use Bylaw.
General Regulations
a) The General Regulations contained in the Land Use Bylaw shall apply unless otherwise specified in
this Direct Control Bylaw.
b) The General Regulations contained within this section are applicable to the entire development area
which includes all development cells.
c) Private roads necessary for access and private roads contemplated herein shall be constructed in
accordance with the Traffic Impact Assessment (McElhanney, April 20, 2021) and any updates
submitted by the Developer, to the satisfaction of the Municipality. Construction and improvements
shall be included in a Development Agreement.
d) The Stormwater Water Management Plan shall be prepared by a qualified professional at the time of
subdivision/development permit application. The plan shall be in accordance with Provincial approvals
and improvements shall be included in a Development Agreement.
e) For the purposes of this Bylaw, the lands shall be divided into 2 development cells. The boundaries of
each development cell are indicated on the attached Appendix 'A' which forms part of this Bylaw.
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f)
The location, size and shape of the development cells indicated on the attached "Appendix A -
Development Cells" are approximate. Minor adjustments to account for technical matters may be
considered to the satisfaction of the County.
g) The water supply and distribution system required to service any of the development cells shall be via
a piped water system constructed, licensed, and permitted by Alberta Environment and Parks and to
the satisfaction of the County.
h) The wastewater servicing solution required to service any of the development cells shall be via a pipe
wastewater system constructed, licensed, and permitted by Alberta Environment and Parks and to the
satisfaction of the County.
i)
The Development Authority shall require a detailed site plan with the Development Permit application
for each development cell showing anticipated building use, building footprints, building orientation,
parking areas, vehicular access/egress, servicing between parcels, open space, landscaping, signage,
pedestrian circulation to/from and within the Site and other information to the satisfaction of the
Development Authority.
j)
No development of the lands shall be permitted until the Municipality and the Developer have
executed a Development Agreement(s) in form and substance satisfactory to the Municipality to
construct the onsite and offsite infrastructure required to service the development.
1. Cell 1 Land Use Regulations - Residential, Community Centre, Community Gathering Spaces, and
Private Utility
Purpose and Intent
The purpose and intent of this development cell is to provide for the residential development in the
form of independent living cottages (single detached dwellings) and multi-unit residential care homes,
gathering spaces and a community centre with associated amenities to serve the community. This
development cell may also provide private onsite wastewater infrastructure to service the
development.
Permitted and Discretionary Uses
a) The following uses in the table below shall be permitted or discretionary with or without conditions
provided that the application complies with the regulations of this district and this Bylaw.
Permitted
Discretionary
Accessory Building / Structure
Child Care Facility
Community Centre
Dining Hall (if detached from the Community Centre)
Community Greenhouse (for residents)
Residential Care Facility
Community Recreational Facility (for residents)
Utility Services, Major Infrastructure
Dwelling, Employee
Dwelling, Single Detached
Private Amenity Space
Show Home
Solar Panel, Structure Mount1
Notes: 1 - See Development Permits Not Required Section
Site Regulations
b) The following regulations and policies shall apply to every development in this cell:
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Minimum Cell Area Requirement
As per the Approving Authority
Maximum Site Coverage
As per the Approving Authority
Minimum Setback Between Buildings / Structures
(other than dwellings of any type)
Min. 1.52 m (5.0 ft)
Front Setback
Min. 5.0 m (16.4 ft) from road right-of-way
Side Setback
a)
Min. 3.05 m (10.0 ft) from the right-of-way of an internal subdivision
road (corner lots)
b)
Min. 2.5 m (8.2 ft) from an adjacent dwelling
c)
Min. 3.05 m (10.0 ft) from the exterior property line
Rear Setback
a)
Min. 6.10 m (20.0 ft) between dwellings
b)
Min. 3.05 m (10.0 ft) exterior property line
Maximum Height Requirements
a)
Max. 12.19 m (40.0 ft) dwellings
b)
Max. 5.49 m (18.0 ft) accessory buildings
c)
Max. 12.19 m (40.0 ft) Utility Building
2. Cell 2 Land Use Regulations - Residential and Community Gathering Spaces
Purpose and Intent
The purpose and intent of this development cell is to provide for the residential development in the
form of independent living cottages (single detached dwellings), multi-unit residential care homes, and
provide a gathering space to serve the community.
Permitted and Discretionary Uses
a) The following uses in the table below shall be permitted or discretionary with or without conditions
provided that the application complies with the regulations of this district and this Bylaw.
Permitted
Discretionary
Accessory Building / Structure
Residential Care Facility
Community Greenhouse (for residents)
Dwelling, Employee
Dwelling, Single Detached
Private Amenity Space
Solar Panel, Structure Mount1
Solar Panel, Structure Mount1
Notes: 1 - See Development Permits Not Required Section
Site Regulations
b) The following regulations and policies shall apply to every development in this cell:
Minimum Cell Area Requirement
As per the Approving Authority
Maximum Site Coverage
As per the Approving Authority
Minimum Setback Between Buildings / Structures
(other than dwellings of any type)
Min. 1.52 m (5.0 ft)
Front Setback
Min. 5.0 m (16.4 ft) from road right-of-way
Side Setback
a)
Min. 3.05 m (10.0 ft) from the right-of-way of an internal subdivision
road (corner lots)
b)
Min. 2.5 m (8.2 ft) from an adjacent dwelling
c)
Min. 3.05 m (10.0 ft) from the exterior property line
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Rear Setback
a)
Min. 6.10 m (20.0 ft) between dwellings
b)
Min. 3.05 m (10.0 ft) exterior property line
Maximum Height Requirements
a)
Max. 12.19 m (40.0 ft) dwellings
b)
Max. 5.49 m (18.0 ft) accessory buildings
Appendix A: DC - 22
Appendix B: DC - 22
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Direct Control District (DC-23)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over the development of
approximately 59.29 hectares (146.63 acres) of land located on SW-30-24-24-W4M for the development of an
equestrian centre and entertainment venue that includes a stall rental building, rough stock building, outdoor
trailer parking stalls, and other commercial and related horse-riding event amenities.
Authority
All Permitted Uses shall be referred to the Development Officer for a decision while Discretionary Uses shall be
referred to Council for a decision.
Definitions
Campground - means an area of land used for holiday trailers, motor homes, tents, campers, and
similar recreational vehicles. The campground area can be used year-round and is meant to support
guests coming in for events. The campground is not meant to be serviced and guests will be providing
their own power, water, and gas for their recreational vehicles.
Dwelling, Dormitory - means a building containing a number of private or semi-private rooms intended
for occupation by clubs, students, or interns, with common bathroom facilities and recreation areas.
Overflow Parking - means an area of land used for parking during larger events, the principal uses are
the parking of motor vehicles, recreational vehicles, or trailers for the transportation of animals.
Parking in this area is opened when the main parking lot has filled, or exceptionally large vehicles or
trailers are present.
Retail Establishment - means a development used for the retail sale of items related to the
equestrian and agricultural uses in this development. Uses could include temporary event only retail
sales, a convenience store to service the camping area, a tack shop, or an agricultural hobby shop.
Terms not defined here have the same meaning as defined in Part 2 of the Land Use Bylaw.
General Regulations
a) The General Regulations contained in the Land Use Bylaw shall apply unless otherwise specified in
this Direct Control Bylaw.
b) The General Regulations contained within this section are applicable to the entire development area
which includes all development cells.
c) The Stormwater Management Plan shall be prepared by a qualified professional at the time of
subdivision/development permit application. The plan shall be in accordance with Provincial approvals
and improvements shall be included in a Development Agreement.
d) For the purposes of this Bylaw, the lands shall be divided into 3 development cells. The boundaries of
each development cell are indicated on the attached Appendix 'A' which forms part of this Bylaw.
e) The location, size and shape of the development cells indicated on the attached "Appendix A -
Development Cells" are approximate. Minor adjustments to account for technical matters may be
considered to the satisfaction of the County.
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f)
The Water and Wastewater Servicing Plan shall be prepared by a qualified professional at the time of
subdivision/development permit application.
g) The Development Authority shall require a detailed site plan with the Development Permit application
for each development cell showing anticipated building use, building footprints, building orientation,
parking areas, vehicular access/egress, water and wastewater servicing infrastructure, open space,
landscaping, signage, pedestrian circulation to/from and within the Site and other information to the
satisfaction of the Development Authority.
h) No development of the lands shall be permitted until the Municipality and the Developer have
executed a Development Agreement(s) in form and substance satisfactory to the Municipality to
construct the onsite and offsite infrastructure required to service the development.
1. Cell 1 Land Use Regulations - Event Centre Area
Purpose and Intent
The purpose and intent of the Event Centre Area cell is to accommodate an equestrian centre and an
entertainment venue that includes a stall rental building and rough stock building to support planned rodeo
events.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building / Structure
Cultural Facilities
Community Building and Facility
Dwelling, Employee
Farm Building
Drinking and Eating Establishment
Office
Entertainment Venue
Restaurant
Equestrian Centre
Retail Establishment
Farmers Market
Shipping Container
Outdoor Cafe
Solar Panel, Structure Mount1
Recreational, Major
Stripping and Grading1
Solar Panel, Ground Mount1
WECS (micro) 1
Stockpile
WECS (Category 1) 1
Tower
Veterinary Clinic
Notes:
1 - See Development Permits Not Required Section
Site Regulations
b) The following regulations and policies shall apply to every development in this cell:
Maximum Cell Coverage
No buildings, structures or impervious surfaces shall cover more than 90%
of the cell area.
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Minimum Setback Between Buildings / Structures
A minimum of 1.52 (5.0 ft)
Front Yard Setback
a) A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
b) A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road.
c) A minimum of 3.05 m (10.0 ft) from the property line in all other
cases.
d) A minimum of 6.10m (20.0ft) from the property line for WECS micro
and Category 1, and Solar Panel, Ground Mount, unless abutting the
right-of-way of a public road.
Side Yard Setback
a) A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
b) A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road.
c) A minimum of 3.05 m (10.0 ft) from the property line in all other
cases.
d) A minimum of 6.10m (20.0ft) from the property line for WECS micro
and Category 1, and Solar Panel, Ground Mount, unless abutting the
right-of-way of a public road.
Rear Yard Setback
a) A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
b) A minimum of 3.05 m (10.0 ft) from the property line in all other
cases.
c) A minimum of 6.10m (20.0ft) from the property line for WECS micro
and Category 1, and Solar Panel, Ground Mount, unless abutting the
right-of-way of a public road.
Maximum Height Requirements
a) Employee Dwelling Unit: Maximum 12.19 m (40.0 ft)
b) Events Centre Buildings: Maximum 16 m (52.5 ft)For all other
Permitted and Discretionary Uses: Limited to such height as deemed
suitable and appropriate for the intended use.
c) WECS (micro), Category 1, and Solar Panel, Ground Mount: See height
restrictions for 'Development Permits Not Required,' section.
Yards Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Other Setbacks
See the Special Setback Requirements section of this Bylaw for additional
setback requirements that may apply.
2. Cell 2 Land Use Regulations - Overflow & Overnight Parking
Purpose and Intent
The purpose and intent of the Overflow & Over Night Parking Cell is to provide parking for trailers transporting
livestock and overflow parking from the main guest parking area. The north end will be used as parking for
motor homes and trailers for overnight stays.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building / Structure
Campground
Overflow Parking
Dwelling, Employee
Stripping and Grading1
Solar Panel, Ground Mount1
WECS (micro)1
WECS (Category 1)1
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Site Regulations
b) The following regulations and policies shall apply to every development in this cell:
Maximum Cell Coverage
No buildings, structures or impervious surfaces shall cover more than 80%
of the cell area unless otherwise stated in the LUB.
Minimum Yard Setback between Buildings / Structures
A minimum of 1.52 m (5.0 ft)
Front Yard Setback
a) A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
b) A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road.
c) A minimum of 3.05 m (10.0 ft) from the property line in all other
cases.
d) A minimum of 6.10m (20.0ft) from the property line for WECS micro
and Category 1, and Solar Panel, Ground Mount, unless abutting the
right-of-way of a public road.
Side Yard Setback
a) A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
b) A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road.
c) A minimum of 3.05 m (10.0 ft) from the property line in all other
cases.
d) A minimum of 6.10m (20.0ft) from the property line for WECS micro
and Category 1, and Solar Panel, Ground Mount, unless abutting the
right-of-way of a public road.
Rear Yard Setback
a) A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
b) A minimum of 3.05 m (10.0 ft) from the property line in all other
cases.
c) A minimum of 6.10m (20.0ft) from the property line for WECS micro
and Category 1, and Solar Panel, Ground Mount, unless abutting the
right-of-way of a public road
Yards Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Other Setbacks
See the Special Setback Requirements section of this Bylaw for additional
setback requirements that may apply.
3. Cell 3 Land Use Regulations - Agricultural Land
Purpose and Intent
The purpose and intent of this cell is to promote and accommodate agricultural land uses that support the
goals and objectives of the Municipal Development Plan and preserve the agrarian character of the County.
The land shall also be used as agricultural support land for the event centre such as an outdoor area for horse
warmups, as well as agricultural support land for 4H and rodeo schooling.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building / Structure
Bed and Breakfast
Agricultural Operation1
Dwelling, Accessory
Agricultural Processing - Minor
Dwelling, Dormitory
Dwelling, Manufactured
Dwelling, Temporary
Dwelling, Modular
Equestrian Centre
Dwelling, Moved On
Home-Based Business, Type 3
Dwelling, Secondary Suite
Nursery
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Dwelling, Single Detached
Sign, Type 3
Farm Building
Solar Panel, Ground Mount1
Farm Gate Sales
Stockpile
Greenhouse, Private
Tower
Home-Based Business, Type 2
Shipping Container
Sign, Type 2
Solar Panel, Structure Mount1
Stripping and Grading1
WECS (micro)1
WECS (Category 1)1
Notes:
1 - See Development Permits Not Required Section
Site Regulations
b) The following regulations and policies shall apply to every development in this cell:
Maximum Cell Coverage
No buildings, structures or impervious surfaces shall cover more than 40% of
the cell area unless otherwise stated in the LUB.
Minimum Yard Setback between Buildings / Structures
A minimum of 1.52 m (5.0 ft)
Front Yard Setback
a) 22.86 m (75.0 ft) from the nearest limit (property line) of the public road
right of way
b) A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road.
c) A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
d) A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount, unless abutting the right-of-
way of a public road.
Side Yard Setback
a) A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
b) A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal
subdivision road.
c) A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
d) A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount, unless abutting the right-of-
way of a public road.
Rear Yard Setback
a) A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
b) A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
c) A minimum of 6.10m (20.0ft) from the property line for WECS micro and
Category 1, and Solar Panel, Ground Mount, unless abutting the right-of-
way of a public road.
Maximum Height Requirements
a) Dwelling Unit: Maximum 12.19 m (40.0 ft)
b) For all other Permitted and Discretionary Uses: Limited to such height as
deemed suitable and appropriate for the intended use.
c) WECS (micro), Category 1, and Solar Panel, Ground Mount: See height
restrictions for 'Development Permits Not Required,' section.
Yards Setbacks from Existing and Proposed Highways
and Service Roads
Discretion of Alberta Transportation
Other Setbacks
See the Special Setback Requirements section of this Bylaw for additional
setback requirements that may apply.
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Appendix A: DC - 23
Appendix B: DC - 23
SW 30-24-24-W4M
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Direct Control District (DC-24)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over the development of
approximately ± 630.47 hectares ± 1,557.92 acres within Section 5-24-26-W4M; Section 8-24-26-W4M; N ½-
9-24-26-W4M; & S ½-17-24-26-W4M for the development of an aerodrome, industrial uses and supporting
commercial uses.
Authority
All Permitted Uses shall be referred to the Development Officer for a decision while Discretionary Uses shall be
referred to Council for a decision.
Definitions
Ready-Mix Concrete Plant - means the production of concrete that uses a manufacturing process
involving the mixing of a number of aggregates, sand, water, cement, and/or other components. This
use also includes the stockpiling of bulk materials required for the process and the storage of the
required equipment use in the operation.
Airport Operational Facility (Aerodrome) - means the development on a site for the operation of an
aircraft facility including facilities for landing / takeoff, facility maintenance, firefighting and safety
equipment, offices related to the operation of the facility, utilities, parking areas and passenger
facilities. Both public and private airstrips and operational facilities fall under this definition.
Conference and Event Facility - means permanent facilities for meetings, seminars, conventions,
weddings, or other special events and may include banquet facilities including areas for food
preparation.
General Regulations
The General Regulations contained in the Land Use Bylaw shall apply unless otherwise specified in this Direct
Control Bylaw.
Permitted and Discretionary Uses
The following uses shall be permitted or discretionary with or without conditions provided that the application
complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building / Structure
Agricultural Processing - Major
Agricultural Processing - Minor
Airport Operational Facility (Aerodrome) - Cell 1 only; not permitted in
Cell 2 or 3.
Agricultural Support Services
Alcohol Production
Car Wash
Auction Mart
Child Care Facility
Automotive and Equipment Services
Commercial Storage
Cannabis Production Facility
Community Building and Facility
Cannabis Store
Community Recreational Facility
Food and Beverage Production
Conference and Event Facility
Hotel
Contractor Service
Industrial, Medium
Convenience Store
Liquor Sales
Cultural Facilities
Mechanical Repair Shop
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Drinking & Eating Establishment
Motel
Essential Public Service
Recreational, Major
Fitness Centre
Recreational Vehicle Storage
Industrial, Light
Recycling Facility
Laundromat/Dry Cleaning
Ready-Mix Concrete Plant
Nursery
Warehouse Sales
Office
Parks Minor
Private Amenity Space
Outdoor Café
Outdoor Storage
Recreational, Minor
Restaurant
Retail Establishment
School, Private
Service Station
Shipping Container
Sign, Type 2
Sign, Type 3
Solar Panel, Ground Mount
Solar Panel, Structure Mount
Stripping and Grading
Spa and Wellness Centre
Stockpile
Truck Stop
Utility Services, Major Infrastructure
Warehouse Storage
Site Regulations
The following regulations and policies shall apply to every development in this district:
Minimum Parcel Size
For the creation of new parcels the following minimum parcel sizes shall
be required:
a) Fully serviced parcels with water and wastewater piped servicing:
0.2 ha (0.5 ac); and
b) Unserviced parcels: 0.4 ha (1.0 ac).
Maximum Fence Height
Aerodrome -at the discretion of Transport Canada/NavCanada
All others - As per LUB
Maximum Parcel Size
No maximum parcel size
Maximum Lot Coverage
No buildings, structures or impervious surfaces shall cover more than
90% of the lot area.
Required Buildable Area
In accordance with the Buildable Area for Parcels Section of this Bylaw
Setback Between Buildings / Structures
A minimum of 1.52 m (5.0 ft)
Front Yard Setback
a) A minimum of 22.86 m (75.00 ft.) from the right-of-way of a
township or range road.
b) A minimum of 6.10 m (20.0 ft) from the right-of-way of an internal
subdivision road.
c) A minimum of 3.05 m (10.0 ft) from the property line in all other
cases.
d) A minimum of 6.10m (20.0ft) from the property line for Solar
Panel, Ground Mount, unless abutting the right-of-way of a public
road.
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Side Yard Setback
a) A minimum of 22.86 m (75.00 ft.) from the right-of-way of a
township or range road.
b) A minimum of 6.10 m (20.0 ft) from the right-of-way of an internal
subdivision road.
c) A minimum of 3.05 m (10.0 ft) from the property line in all other
cases.
d) A minimum of 6.10m (20.0ft) from the property line for Solar
Panel, Ground Mount, unless abutting the right-of-way of a public
road.
Rear Yard Setback
a) A minimum of 22.86 m (75.00 ft.) from the right-of-way of a
township or range road.
b) A minimum of 6.10 m (20.0 ft) from the right-of-way of an internal
subdivision road.
c) A minimum of 3.05 m (10.0 ft) from the property line in all other
cases.
d) A minimum of 6.10m (20.0ft) from the property line for Solar
Panel, Ground Mount, unless abutting the right-of-way of a public
road.
Yards Setbacks from Existing and Proposed
Highways and Service Roads
Discretion of Alberta Transportation
Yards Setbacks from Existing and Proposed
Aerodrome
Discretion of Transport Canada
Other Setbacks
See the Special Setback Requirements section of this Bylaw for
additional setback requirements that may apply.
Building Heights
a) For all other Permitted and Discretionary Uses: Limited to such
height as deemed suitable and appropriate for the intended use.
b) Solar Panel, Ground Mount: See height restrictions for
'Development Permits Not Required,' section.
Buildings Heights for Development in Proximity of
Existing and Proposed Aerodrome
Discretion of Transport Canada
Special Requirements
Landscaping, Fencing & Screening Standards
a) Landscaping shall be completed in accordance with Section 7.12 Landscaping, Fencing and Screening
(please see the Wheatland County Landscape & Screening Guidelines for additional information);
b) Levels and methods of screening of the site shall be completed in accordance with Section 7.12
Landscaping, Fencing and Screening (please see the Wheatland County Landscape & Screening
Guidelines for additional information);
Site Plans
c) The Development Authority shall require a detailed site plan for the proposed development;
Shipping Containers
d) A time-limited Development Permit may be issued for shipping containers for temporary storage on
parcels without an existing principal use.
Storage Areas
e) All outdoor storage areas shall be appropriately fenced or screened and should be concealed from
view from the street by the fence or other suitable screening. All sites abutting residential districts
shall be screened from view of the residential district to the satisfaction of the Development Authority;
and
Other Development Regulations
f)
Permitted and Discretionary Uses shall adhere to Part 7: General Regulations and Part 8: Specific Use
Regulations.
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Appendix A: DC - 24
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Direct Control District (DC-25)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over the development of
land located on a portion of SW-06-24-25-W4M for the purposes of a Crematorium for the disposal of animals.
This land use district is not intended to allow for the mass disposal of Livestock.
Authority
All Permitted Uses shall be referred to the Development Officer for a decision while Discretionary Uses shall be
referred to Council for a decision.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building / Structure
Animal Services
Agricultural Operation1
Crematorium
Agricultural Processing - Minor
Dwelling, Accessory
Dwelling, Manufactured 1
Dwelling, Manufactured 2
Dwelling, Modular
Dwelling, Temporary
Dwelling, Moved On
Equestrian Centre
Dwelling, Secondary Suite
Farm Gate Sales
Dwelling, Single Detached
Home-Based Business, Type 3
Farm Building
Sign, Type 3
Greenhouse, Private
Stockpile
Home-Based Business, Type 2
Tower
Shipping Container
WECS (Category 2)2
Sign, Type 2
Solar Panel, Ground Mount1
Solar Panel, Structure Mount1
WECS (micro)1
WECS (Category 1)1
Notes:
1 - See Development Permits Not Required Section
2 - See Specific Use Regulations Section
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Minimum Parcel Size
1.
2.02 ha (5.0 ac) or greater
2.
The area in title at the time of passage of this Bylaw
Maximum Parcel Size
None
Maximum Parcel Area Coverage
No building, structures or impervious surfaces shall cover more than 40% of the lot area
unless otherwise stated in the LUB.
Setback between Buildings /
Structures
A minimum of 1.52 m (5.0 ft)
Front Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public road.
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A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal subdivision road.
A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
A minimum of 6.10 m (20.0 ft) from the property line for WECS micro and Category 1, and
Solar Panel, Ground Mount, unless abutting the right-of-way of a public road.
Side Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of the public road right of way.
A minimum of 15.24 m (50.0 ft) from the right-of-way of an internal subdivision road.
A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
A minimum of 6.10 m (20.0 ft) from the property line for WECS micro and Category 1, and
Solar Panel, Ground Mount, unless abutting the right-of-way of a public road.
Rear Yard Setback
A minimum of 22.86 m (75.0 ft) from the right-of-way of a public.
A minimum of 3.05 m (10.0 ft) from the property line in all other cases.
A minimum of 6.10 m (20.0 ft) from the property line for WECS micro and Category 1, and
Solar Panel, Ground Mount, unless abutting the right-of-way of a public road.
Yard Setbacks from Existing and
Proposed Highways and Service Roads
Discretion of Alberta Transportation
Building Heights
Dwelling Unit: Maximum 12.19 m (40.0 ft)
For all other Permitted and Discretionary Uses: Limited to such height as deemed suitable
and appropriate for the intended use.
WECS (micro), Category 1, and Solar Panel, Ground Mount: See height restrictions for
'Development Permits Not Required', section.
Other Setbacks
See the Special Setback Requirements section of the Land Use Bylaw 2016-01 for
additional setback requirements that may apply.
Special Regulations
a) The operation of any Crematorium shall not include the burning of any animals including Livestock in
an open fire or open pit.
Appendix A: DC-25
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Direct Control District (DC-26)
Purpose and Intent
The purpose and intent of this land use district is to allow direct control by Council over a portion of the NW-26-
24-26-W4M for a gas-fired power plant and data centre.
Authority
All Permitted Uses shall be referred to the Development Officer for a decision while Discretionary Uses shall be
referred to Council for a decision.
Terms not defined here have the same meaning as defined in Part 2 of the Land Use Bylaw.
Definitions
Data Processing Centre means a building, group of buildings, or part thereof used to store computer
systems and associated components for processing and storage of data. This includes but is not
limited to digital currency processing and associated transactions.
1. Cell 1 Land Use Regulation - Data Centre
Purpose and Intent
The purpose and intent of this cell is to provide for Data Centre activity Cell 1 as per Appendix A.
Permitted and Discretionary Uses
a) The following uses shall be permitted or discretionary with or without conditions provided that the
application complies with the regulations of this district and this Bylaw:
Permitted
Discretionary
Accessory Building / Structure
Data Centre
Outdoor Storage
Sign, Type 3
Shipping Container (for storage, not data processing)
WECS (Category 2)2
Sign, Type 2
WECS (Category 1)1
Notes:
1 - See Development Permits Not Required Section
2 - See Specific Use Regulations Section
Site Regulations
b) The following regulations and policies shall apply to every development in this district:
Cell Boundary Setbacks
A minimum of 3.05 m (10.0 ft)
A minimum of 6.10 m (20.0 ft) from the cell boundary line for WECS micro and Category 1,
and Solar Panel, Ground Mount
Setback between Buildings /
Structures
A minimum of 1.52 m (5.0 ft)
Building Heights
Limited to such height as deemed suitable and appropriate for the intended use.
WECS (micro), Category 1, and Solar Panel, Ground Mount: See height restrictions for
'Development Permits Not Required', section.
Other Setbacks
See the Special Setback Requirements section of the Land Use Bylaw 2016-01 for
additional setback requirements that may apply.
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c) The Developer shall obtain any required permits from the Albera Utilities Commission prior to applying
for a Development Permit.
2. Cell 2 Land Use Regulation - Agriculture
Purpose and Intent
The purpose and intent of this cell is to allow continued agricultural uses, provided that the application
complies with the regulations of this district and the Agriculture General (AG) District.
Appendix A: DC-26