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LAND USE BYLAW NO. 677
Village of Barons
January 2013
Consolidated to Bylaw No. 761, October 2024
Prepared by
.
January 2013
Village of Barons Land Use Bylaw No. 677 Amendments - Page 1
Village of Barons Land Use Bylaw No. 677 - Amendments
Bylaw No.
Amendment Description
Legal Description
Passed
710
Various text amendments to update and enhance
administrative procedures and standards to be in
compliance with the modernized Municipal
Government Act, add regulations to manage cannabis
production and retail sales and add criteria for
residential fencing
9-Oct-2018
748
Redesignate from "Public and Institutional - PI" to
"Commercial - CO"
Limit parking of recreational vehicles to driveways or
approved parking pads within the residential district.
Clarify the number of driveways per dwelling unit.
Remove the Fee Schedule from Appendix B.
Provide clarification and a fine structure regarding
contraventions of the Bylaw.
Lot 11-12, Block 4, Plan 2605X and Lots 33-40,
Block 4, Plan 9412794 within NE ¼ SEC 16
TWP 12, RGE 23 W4M
10-Jan-2023
754
Amend intent of "Commercial - CO" and "Industrial -
IN" land use districts.
Amend the permitted and discretionary uses listed in
the "Commercial - CO" and "Industrial - IN" land use
districts to allow additional uses with the districts.
Amend the Landscaping and Screening requirements to
reflect the additional uses added to the "Commercial -
CO" land use district.
14-Nov-2023
758
Addition of Shipping Containers as discretionary use in
the Residential - R-1 and Residential Manufactured
Home - R-2 land use districts.
Amend shipping container standards to provide
requirements for permanent shipping containers within
residential land use districts.
14-May-2024
761
Amend Schedule 5, Section 14.9 to clarify the
requirements of the section are required at the
Development Authority's discretion.
8-Oct-2024
Village of Barons Land Use Bylaw No. 677
TABLE OF CONTENTS | i
TABLE OF CONTENTS
ADMINISTRATION
GENERAL
Section 1
Title ............................................................................................. ADMINISTRATION | 1
Section 2
Purpose ...................................................................................... ADMINISTRATION | 1
Section 3
Effective Date ............................................................................. ADMINISTRATION | 1
Section 4
Repeal of Former Bylaw ............................................................. ADMINISTRATION | 1
Section 5
Severability ................................................................................. ADMINISTRATION | 1
Section 6
Compliance with the Land Use Bylaw ........................................ ADMINISTRATION | 1
Section 7
Compliance with Other Legislation ............................................ ADMINISTRATION | 2
Section 8
Rules of Interpretation ............................................................... ADMINISTRATION | 2
Section 9
Measurements and Standards ................................................... ADMINISTRATION | 2
Section 10
Forms, Notices and Fees ............................................................ ADMINISTRATION | 2
Section 11
Appendices ................................................................................. ADMINISTRATION | 3
APPROVING AUTHORITIES
Section 12
Development Authority ............................................................. ADMINISTRATION | 3
Section 13
Subdivision Authority ................................................................. ADMINISTRATION | 3
Section 14
Development Officer - Powers and Duties ................................ ADMINISTRATION | 4
Section 15
Municipal Planning Commission ................................................ ADMINISTRATION | 5
Section 16
Council ........................................................................................ ADMINISTRATION | 5
Section 17
Subdivision and Development Appeal Board (SDAB) ................. ADMINISTRATION | 6
DEVELOPMENT AND SUBDIVISION IN GENERAL
Section 18
Land Use Districts ....................................................................... ADMINISTRATION | 6
Section 19
Suitability of Sites ....................................................................... ADMINISTRATION | 6
Section 20
Number of Dwelling Units on a Parcel ....................................... ADMINISTRATION | 7
Section 21
Non-Conforming Buildings and Uses ......................................... ADMINISTRATION | 7
Section 22
Development on Non-Conforming Sized Lots ............................ ADMINISTRATION | 7
Section 23
Non-Conforming Variances ........................................................ ADMINISTRATION | 8
Section 24
Development Agreements ......................................................... ADMINISTRATION | 8
DEVELOPMENT PERMIT RULES AND PROCEDURES
Section 25
Development Permit - When Required ..................................... ADMINISTRATION | 9
Section 26
Development Not Requiring a Development Permit ................. ADMINISTRATION | 9
Section 27
Development Permit Application ............................................... ADMINISTRATION | 9
Section 28
Determination of Complete Development Application ........... ADMINISTRATION | 10
Section 29
Permitted Use Applications ...................................................... ADMINISTRATION | 11
TABLE OF CONTENTS | ii
Village of Barons Land Use Bylaw No. 677
Section 30
Discretionary Use Applications ................................................ ADMINISTRATION | 12
Section 31
Similar Use ................................................................................ ADMINISTRATION | 13
Section 32
Temporary Use ......................................................................... ADMINISTRATION | 14
Section 33
Applications Requesting Variance of Bylaw Provisions ............ ADMINISTRATION | 14
Section 34
Limitations on Variance Provisions .......................................... ADMINISTRATION | 15
Section 35
Notification of Adjacent Landowners and Persons
Likely Affected .......................................................................... ADMINISTRATION | 15
Section 36
Notice of Decision .................................................................... ADMINISTRATION | 16
Section 37
Commencement of Development ............................................ ADMINISTRATION | 16
Section 38
Development Permit Validity ................................................... ADMINISTRATION | 16
Section 39
Transferability of Development Permit ................................... ADMINISTRATION | 17
Section 40
Occupancy Permits ................................................................... ADMINISTRATION | 17
Section 41
Failure to Make a Decision - Deemed Refusal ......................... ADMINISTRATION | 17
Section 42
Reapplication for a Development Permit ................................. ADMINISTRATION | 18
Section 43
Suspension or Cancellation of a Permit ................................... ADMINISTRATION | 18
SUBDIVISION RULES AND PROCEDURES
Section 44
Subdivision Applications .......................................................... ADMINISTRATION | 19
Section 45
Incomplete Subdivision Applications ....................................... ADMINISTRATION | 20
Section 46
Application and Decision .......................................................... ADMINISTRATION | 20
Section 47
Lot Design ................................................................................. ADMINISTRATION | 21
ENFORCEMENT
Section 48
Subdivision and Development Appeals .................................... ADMINISTRATION | 23
Section 49
Enforcing the Bylaw ................................................................. ADMINISTRATION | 23
Section 50
Stop Orders .............................................................................. ADMINISTRATION | 23
Section 51
Enforcement of Stop Orders .................................................... ADMINISTRATION | 24
Section 52
Penalties and Right of Entry ..................................................... ADMINISTRATION | 24
AMENDMENTS
Section 53
Amendments to the Land Use Bylaw ....................................... ADMINISTRATION | 25
Section 54
Land Use Redesignation Application Requirements ................ ADMINISTRATION | 26
Section 55
Redesignation Criteria .............................................................. ADMINISTRATION | 27
ADMINISTRATION DEFINITIONS
Section 56
Administration Definitions ....................................................... ADMINISTRATION | 27
Schedule 1
LAND USE DISTRICTS ................................................................................... SCHEDULE 1 | 1
Section 1
Division of Municipality ...................................................................... SCHEDULE 1 | 1
Section 2
Intent of Land Use Districts ................................................................ SCHEDULE 1 | 1
Village of Barons Land Use Bylaw No. 677
TABLE OF CONTENTS | iii
Schedule 2
USE REGULATION ........................................................................................ SCHEDULE 2 | 1
Section 1
Use Categories and Specific Uses ....................................................... SCHEDULE 2 | 1
Section 2
Use Table ............................................................................................ SCHEDULE 2 | 2
Section 3
Land Use Definitions .......................................................................... SCHEDULE 2 | 5
Schedule 3
DIMENSIONAL STANDARDS AND SETBACKS .............................................. SCHEDULE 3 | 1
Section 1
Dimensional Standards and Minimum Setbacks ................................ SCHEDULE 3 | 1
Section 2
Minimum Lot Size ............................................................................... SCHEDULE 3 | 1
Section 3
Minimum Setbacks ............................................................................. SCHEDULE 3 | 3
Section 4
Building Height, Floor Area, and Site Coverage ................................. SCHEDULE 3 | 6
Schedule 4
DEVELOPMENT NOT REQUIRING A PERMIT ............................................... SCHEDULE 4 | 1
Schedule 5
GENERAL AND USE SPECIFIC STANDARDS OF DEVELOPMENT .................. SCHEDULE 5 | 1
Section 1
Statutory Plans ................................................................................... SCHEDULE 5 | 1
Section 2
Approval of Access ............................................................................. SCHEDULE 5 | 1
Section 3
Demolition or Removal of Buildings or Structures ............................. SCHEDULE 5 | 1
Section 4
Design and Orientation of Buildings, Structures and Signs ................ SCHEDULE 5 | 2
Section 5
Development of Lands Subject to Subsidence, Undermining
or Flooding ......................................................................................... SCHEDULE 5 | 2
Section 6
Grading and Stormwater Management ............................................. SCHEDULE 5 | 2
Section 7
Off-street Parking and Loading Requirements ................................... SCHEDULE 5 | 3
Section 8
Off-street Parking Design Standards .................................................. SCHEDULE 5 | 8
Section 9
Site Lighting ........................................................................................ SCHEDULE 5 | 9
Section 10
Refuse Collection and Storage ........................................................... SCHEDULE 5 | 9
Section 11
Servicing ........................................................................................... SCHEDULE 5 | 10
Section 12
Alternative Energy Sources .............................................................. SCHEDULE 5 | 10
Section 13
Satellite Dishes and Radio or Television Antenna ........................... SCHEDULE 5| 13
Section 14
Shipping Containers .......................................................................... SCHEDULE 5| 14
Section 15
Show Homes ...................................................................................... SCHEDULE 5| 15
Section 16
Cannabis Retail Store ........................................................................ SCHEDULE 5| 15
Section 17
Cannabis Production Facility ............................................................. SCHEDULE 5| 16
Schedule 6
RESIDENTIAL STANDARDS OF DEVELOPMENT ........................................... SCHEDULE 6 | 1
Section 1
Accessory Buildings and Structures ................................................... SCHEDULE 6 | 1
Section 2
Easements .......................................................................................... SCHEDULE 6 | 1
Section 3
Corner Visibility .................................................................................. SCHEDULE 6 | 1
Section 4
Driveways, Off-Street Parking Requirements and Design Standards SCHEDULE 6 | 3
Section 5
Fences ................................................................................................. SCHEDULE 6 | 4
Section 6
Decks .................................................................................................. SCHEDULE 6 | 4
Section 7
Retaining Walls, Grading and Drainage .............................................. SCHEDULE 6 | 5
TABLE OF CONTENTS | iv
Village of Barons Land Use Bylaw No. 677
Section 8
Exterior Building Finishes ................................................................... SCHEDULE 6 | 5
Section 9
Exposed Foundations ......................................................................... SCHEDULE 6 | 5
Section 10
Private Swimming Pools ..................................................................... SCHEDULE 6 | 5
Section 11
Home Occupations ............................................................................. SCHEDULE 6 | 6
Section 12
Prefabricated Dwellings ..................................................................... SCHEDULE 6 | 8
Section 13
Manufactured Homes ........................................................................ SCHEDULE 6 | 9
Section 14
Moved-In Buildings and Moved-In Dwellings .................................. SCHEDULE 6 | 10
Section 15
Manufactured Home Community .................................................... SCHEDULE 6 | 11
Section 16
Secondary Suite Standards ............................................................... SCHEDULE 6 | 14
Schedule 7
COMMERCIAL / INDUSTRIAL STANDARDS OF DEVELOPMENT .................. SCHEDULE 7 | 1
Section 1
Easements .......................................................................................... SCHEDULE 7 | 1
Section 2
Corner Visibility .................................................................................. SCHEDULE 7 | 1
Section 3
Landscaping and Screening ................................................................ SCHEDULE 7 | 2
Section 4
Fencing ............................................................................................... SCHEDULE 7 | 3
Section 5
Off-Street Parking Requirements and Design Standards ................... SCHEDULE 7 | 3
Section 6
Outdoor Display and Storage ............................................................. SCHEDULE 7 | 3
Section 7
Mitigation of Impacts from Noise, Odor, Vibration and Air Quality .. SCHEDULE 7 | 3
Section 8
Accessory Buildings ............................................................................ SCHEDULE 7 | 4
Section 9
Moved-In Buildings ............................................................................ SCHEDULE 7 | 4
Section 10
Surveillance Suites .............................................................................. SCHEDULE 7 | 5
Section 11
Gas Bars, Service Stations and Bulk Fuel Stations .............................. SCHEDULE 7 | 5
Schedule 8
SIGN REGULATIONS ..................................................................................... SCHEDULE 8 | 1
Section 1
Signs Permitted by Land Use District ................................................. SCHEDULE 8 | 1
Section 2
Prohibited Signs .................................................................................. SCHEDULE 8 | 1
Section 3
General Standards and Regulations for All Signs ............................... SCHEDULE 8 | 2
Section 4
Signs Not Requiring a Permit ............................................................. SCHEDULE 8 | 3
Section 5
Sign Permit Application Requirements .............................................. SCHEDULE 8 | 4
Section 6
Temporary Signs ................................................................................. SCHEDULE 8 | 5
Section 7
Freestanding Signs ............................................................................. SCHEDULE 8 | 6
Section 8
Fascia Signs ......................................................................................... SCHEDULE 8 | 6
Section 9
Projecting Signs .................................................................................. SCHEDULE 8 | 7
Section 10
Other Signs ......................................................................................... SCHEDULE 8 | 8
Section 11
Definitions .......................................................................................... SCHEDULE 8 | 8
Schedule 9
TELECOMMUNICATION ANTENNA SITING PROTOCOL .............................. SCHEDULE 9 | 1
Section 1
Municipal Approval ............................................................................ SCHEDULE 9 | 1
Section 2
Information Requirements ................................................................. SCHEDULE 9 | 1
Section 3
Notification and Public Consultation Process .................................... SCHEDULE 9 | 2
Village of Barons Land Use Bylaw No. 677
TABLE OF CONTENTS | v
APPENDIX A
Forms and Notices
Residential Development Permit Application
Non-Residential Development Permit Application
Development Permit
Demolition Form
Home Occupation Development Permit Application
Sign Application Development Permit
Application for a Statutory Plan Amendment
Telecommunication Siting Protocol Application & Checklist
APPENDIX B
Subdivision and Development Authority / Municipal Planning Commission
Bylaw No. 681
Village of Barons Land Use Bylaw No. 677
ADMINISTRATION | 1
VILLAGE OF BARONS
LAND USE BYLAW NO. 677
ADMINISTRATION
GENERAL
SECTION 1
TITLE
1.1
This bylaw may be cited as the "Village of Barons Land Use Bylaw."
SECTION 2
PURPOSE
2.1
The purpose of this bylaw is to, amongst other things:
(a) divide the municipality into districts;
(b) prescribe and regulate the use(s) for each district;
(c) establish a method for making decisions on applications for development permits
and issuing development permits for a development;
(d) provide the manner in which notice of the issuance of a development permit is to
be given; and
(e) implement the Village of Barons Municipal Development Plan and other statutory
plans of the municipality, as may be developed.
SECTION 3
EFFECTIVE DATE
3.1
This bylaw shall come into effect upon third and final reading thereof.
SECTION 4
REPEAL OF FORMER BYLAW
4.1
Village of Barons Land Use Bylaw No. 593 and amendments thereto are hereby
repealed.
SECTION 5
SEVERABILITY
5.1
If any provision of this bylaw is held to be invalid by a decision of a court of competent
jurisdiction, that decision will not affect the validity of the remaining portions.
SECTION 6
COMPLIANCE WITH THE LAND USE BYLAW
6.1
No development, other than those designated in Schedule 4 of this bylaw (Development
Not Requiring a Permit), shall be undertaken within the Village unless a development
application has been approved and a development permit has been issued.
ADMINISTRATION | 2
Village of Barons Land Use Bylaw No. 677
6.2
Notwithstanding Section 6.1, while a development permit may not be required pursuant
to Schedule 4, development shall comply with all regulations of this bylaw.
SECTION 7
COMPLIANCE WITH OTHER LEGISLATION
7.1
Compliance with the requirements of this bylaw does not exempt any person
undertaking a development from complying with all applicable municipal, provincial or
federal legislation, and respecting any easements, covenants, agreements or other
contracts affecting the land or the development.
SECTION 8
RULES OF INTERPRETATION
8.1
Unless otherwise required by the context, words used in the present tense include the
future tense; words used in the singular include the plural; and the word person
includes a corporation as well as an individual. The Interpretation Act, Chapter I-8, RSA
2000, as amended, shall be used in the interpretation of this bylaw. Words have the
same meaning whether they are capitalized or not.
8.2
The written regulations of this bylaw take precedence over any graphic or diagram if
there is a perceived conflict.
8.3
The Land Use Districts Map takes precedence over any graphic or diagram in the district
regulations if there is a perceived conflict.
8.4
All references to engineering requirements shall be prepared by an engineer registered
with The Association of Professional Engineers, Geologists, and Geophysicists of Alberta
(APEGGA).
SECTION 9
MEASUREMENTS AND STANDARDS
9.1
All units of measure contained within this bylaw are metric (SI) standards. Imperial
measurements and conversions are provided for information only.
SECTION 10
FORMS, NOTICES AND FEES
10.1
For the purposes of administering the provisions of this bylaw, Council may authorize by
separate resolution or bylaw as may be applicable, the preparation and use of such fee
schedules, forms or notices as in its discretion it may deem necessary. Any such fee
schedules, forms or notices are deemed to have the full force and effect of this bylaw in
execution of the purpose for which they are designed, authorized and issued.
10.2
Application forms and notices are included in Appendix A.
10.3
Refund of application fees requires approval of the Village Council.
10.4
In any case, where the required fee is not listed in the fee bylaw, such fee shall be
determined by the Development Officer or Municipal Planning Commission and shall be
consistent with those fees listed for similar developments.
Village of Barons Land Use Bylaw No. 677
ADMINISTRATION | 3
10.5
If development is commenced without a valid development permit an additional fee, in
the amount prescribed under the fee bylaw, shall be payable upon application for the
development permit.
SECTION 11
APPENDICES
11.1
Appendix A attached hereto is for information purposes only and may be amended from
time to time as it does not form part of the Village of Barons Land Use Bylaw.
APPROVING AUTHORITIES
SECTION 12
DEVELOPMENT AUTHORITY
12.1
The Development Authority is established in accordance with Village of Barons Bylaw
No. 578.
12.2
In the absence of the Development Officer, the following are authorized to act in the
capacity of Development Officer:
(a) Municipal Planning Commission;
(b) Chief Administrative Officer; or
(c) a designate(s) in accordance with the Municipal Government Act (MGA).
12.3
The Development Officer is an authorized person in accordance with section 624 of the
MGA.
12.4
The Development Authority shall perform such powers and duties as are specified:
(a) in the Village of Barons Municipal Subdivision and Development Bylaw;
(b) in this bylaw;
(c) in the MGA;
(d) where applicable, by resolution of Council.
SECTION 13
SUBDIVISION AUTHORITY
13.1
The Subdivision Authority is authorized to make decisions on applications for subdivision
pursuant to the Subdivision Authority Bylaw, and shall perform such powers and duties
as are specified:
(a) in the Village of Barons Municipal Planning Commission Bylaw;
(b) in this bylaw;
(c) in the MGA;
(d) where applicable, by resolution of Council.
ADMINISTRATION | 4
Village of Barons Land Use Bylaw No. 677
13.2
The Subdivision Authority may delegate, through any of the methods described in
Section 13.1, to an individual, municipal staff, or a regional services commission, any of
its functions and duties in the processing of subdivision applications. In respect of this:
(a) the delegation of duties by the Subdivision Authority may include the authorized
entity being responsible for determining the completeness of a submitted
subdivision application;
(b) the Subdivision Authority delegate is authorized to carry out the application
process with subdivision applicants as described in the Subdivision Application
Rules and Procedures section of this bylaw, including the task of sending all
required notifications to applicants as stipulated.
SECTION 14
DEVELOPMENT OFFICER - POWERS AND DUTIES
14.1
The office of the Development Officer is hereby established and such office shall be
filled by one or more persons as appointed by resolution of Council.
14.2
The Development Officer:
(a) shall receive and process all applications for development permits and determine
whether a development permit application is complete in accordance with Section
28 (Determination of Complete Development Application);
(b) shall maintain for the inspection of the public during office hours, a copy of this
bylaw and all amendments thereto and ensure that copies of the same are
available for public purchase;
(c) shall also establish and maintain a register in which shall be recorded the
application made for a development permit and the decision made on the
application, and contain any such other information as the Municipal Planning
Commission considers necessary;
(d) shall consider and decide on applications for a development permit for:
(i)
permitted uses that comply with this Land Use Bylaw;
(ii)
permitted uses that request one (1) variance of a measurable standard not to
exceed 10 percent;
(iii) permitted uses on existing registered lots where the Municipal Planning
Commission granted a variance(s) to the minimum lot width, length and/or
area requirements as part of a subdivision approval;
(iv) landscaping;
(v)
fences, walls or other types of enclosures; and
(vi) demolition;
(e) shall refer to the Municipal Planning Commission all development permit
applications for which decision making authority has not been assigned to the
Development Officer;
(f)
may refer any development application to the Municipal Planning Commission for a
decision and may refer any other planning or development matter to the Municipal
Planning Commission for its review, comment or advice;
Village of Barons Land Use Bylaw No. 677
ADMINISTRATION | 5
(g) shall notify adjacent landowners and any persons who are likely to be affected by a
proposed development in accordance with Section 35 of this bylaw;
(h) shall receive, review, and refer any applications to amend this bylaw to Council;
(i)
shall issue the written notice of decision and/or development permit on all
development permit applications and any other notices, decisions or orders in
accordance with this bylaw;
(j)
may receive and consider and decide on requests for time extensions for
Development Permits which the Development Officer has approved and shall refer
to the Municipal Planning Commission those requests which the Municipal
Planning Commission has approved;
(k) shall provide a regular report to the Municipal Planning Commission summarizing
the applications made for a development permit and the decision made on the
applications, and any other information as the Municipal Planning Commission
considers necessary; and
(l)
shall perform any other powers and duties as are specified in this bylaw, the
Municipal Planning Commission Bylaw, the MGA or by resolution of Council.
SECTION 15
MUNICIPAL PLANNING COMMISSION
15.1
The Municipal Planning Commission may exercise only such powers and duties as are
specified in the MGA, the Municipal Planning Commission Bylaw, this bylaw, or by
resolution of Council.
15.2
The Municipal Planning Commission shall be responsible for:
(a) considering and deciding upon development permit applications referred to it by
the Development Officer;
(b) providing recommendations on planning and development matters referred to it by
the Development Officer or Council;
(c) considering and deciding upon requests for time extensions on development
permit applications referred to it by the Development Officer;
(d) considering and deciding upon applications for subdivision approval;
(e) processing condominium certificates; and
(f)
any other powers and duties as are specified in this bylaw, the Municipal Planning
Commission Bylaw, the MGA or by resolution of Council.
SECTION 16
COUNCIL
16.1
Council shall be responsible for considering and deciding upon requests for time
extensions on subdivision approvals in accordance with section 657 of the MGA.
ADMINISTRATION | 6
Village of Barons Land Use Bylaw No. 677
SECTION 17
SUBDIVISION AND DEVELOPMENT APPEAL BOARD (SDAB)
17.1
The SDAB is established by separate bylaw pursuant to the MGA, and may exercise such
powers and duties as are specified in this bylaw, the MGA and the Subdivision and
Development Appeal Board Bylaw.
DEVELOPMENT AND SUBDIVISION IN GENERAL
SECTION 18
LAND USE DISTRICTS
18.1
The Village of Barons is divided into those land use districts shown in Schedule 1 on the
Land Use Districts Map.
18.2
The one or more uses of land or buildings that are:
(a) permitted uses in each district; or
(b) discretionary uses in each district;
described in Schedule 2 - Use Table 2.2.1.
18.3
A land use that is not listed as a permitted or discretionary use but which is reasonably
similar in character and purpose to a permitted or discretionary use in that district may
be deemed a similar use by the Development Authority in accordance with Section 31,
Similar Use.
18.4
A land use not listed as a permitted or discretionary use or not deemed a similar use, in
a district is a prohibited use and shall be refused.
SECTION 19
SUITABILITY OF SITES
19.1
Notwithstanding that a use of land may be permitted or discretionary or considered
similar in nature to a permitted or discretionary use in a land use district, the
Development Authority, as applicable, may refuse to approve a subdivision or issue a
development permit if the Development Authority is made aware of or if in their
opinion, the site of the proposed building or use:
(a) does not have safe legal and physical access to a maintained road in accordance
with the Land Use Bylaw, other municipal requirements or those of Alberta
Transportation if within 300 m (984 ft) of a provincial highway or 800 m (2,625 ft)
from the centre point of an intersection of a controlled highway and a public road;
(b) has a high water table or soil conditions which make the site unsuitable for
foundations and/or sewage disposal systems in accordance with the provincial
regulations;
(c) is situated on an unstable slope;
(d) consists of unconsolidated material unsuitable for building;
Village of Barons Land Use Bylaw No. 677
ADMINISTRATION | 7
(e) does not comply with the requirements of the Regional Plan, Subdivision and
Development Regulation or any other applicable Statutory Plans;
(f)
is situated over an active or abandoned coal mine or oil or gas well or pipeline;
(g) is unsafe due to contamination by previous land uses;
(h) does not meet the minimum setback requirements from a sour gas well or bulk
ammonia storage facility;
(i)
does not have adequate water and sewer provisions;
(j)
does not meet the lot size and/or setback requirements or any other applicable
standards or requirements of the Village of Barons Land Use Bylaw;
(k) is subject to any easement, caveat, restrictive covenant or other registered
encumbrance which makes it impossible to build on the site.
19.2
Nothing in this section shall prevent the Development Officer or Municipal Planning
Commission, as applicable, from issuing a development permit if the Development
Officer or Municipal Planning Commission is satisfied that there is no risk to persons or
property or that these concerns will be met by appropriate engineering measures or
other mitigating measures and approvals from provincial and/or federal agencies have
been obtained, as applicable.
SECTION 20
NUMBER OF DWELLING UNITS ON A PARCEL
20.1
No more than one dwelling unit shall be constructed or located or caused to be
constructed or located on a parcel except as provided for in the land use district for
which the application is made (e.g. accessory dwelling, duplex dwellings, multi-unit
dwellings, manufactured home park, secondary suite, as permitted in the applicable
land use district).
SECTION 21
NON-CONFORMING BUILDINGS AND USES
21.1
A non-conforming building or use may only be continued in accordance with the
conditions detailed in section 643 of the MGA.
SECTION 22
DEVELOPMENT ON NON-CONFORMING SIZED LOTS
22.1
Development on an existing registered non-conforming sized lot that does not meet the
minimum requirements for lot length, width or area specified in the applicable land use
district in Schedule 2 may be permitted at the discretion of the Municipal Planning
Commission.
22.2
The Development Officer is authorized to permit development on existing registered
non-conforming sized lots for permitted uses where the Municipal Planning Commission
issued a variance(s) to the minimum requirements for lot length, width and/or area as
part of a subdivision approval.
ADMINISTRATION | 8
Village of Barons Land Use Bylaw No. 677
SECTION 23
NON-CONFORMING VARIANCES
23.1
The Municipal Planning Commission is authorized to exercise minor variance powers
with respect to non-conforming buildings pursuant to section 643(5)(c) of the MGA.
SECTION 24
DEVELOPMENT AGREEMENTS
24.1
The Development Authority may require, with respect to a development, that as a
condition of issuing a development permit, the applicant enter into an agreement with
the municipality, pursuant to section 650(1) of the MGA, to do any or all of the
following:
(a) to construct or pay for the construction of a road required to give access to the
development;
(b) to construct or pay for the construction of a pedestrian walkway system to serve
the development and/or connect with existing or proposed pedestrian walkway
systems that serve adjacent development;
(c) to install or pay for the installation of public utilities, other than telecommunication
systems or works, that are necessary to serve the development;
(d) to construct or pay for the construction of off-street, or other parking facilities
and/or loading and unloading facilities;
(e) to pay an off-site levy or redevelopment levy;
(f)
to give security to ensure that the terms of the agreement under this section are
carried out.
24.2
The Subdivision Authority may require, with respect to a subdivision that as a condition
of issuing an approval for a subdivision, the applicant enter into an agreement with the
municipality, pursuant to section 655(1)(b) of the MGA.
24.3
An agreement referred to in this section may require the applicant for a development
permit or subdivision approval to oversize improvements in accordance with section
651 of the MGA.
24.4
A municipality may register a caveat under the Land Titles Act with respect to an
agreement under this section against the certificate of title for the land that is the
subject of the development, or for the parcel of land that is the subject of the
subdivision.
24.5
If a municipality registers a caveat under this section, the municipality must discharge
the caveat when the agreement has been complied with.
24.6
As a condition of subdivision approval, all development agreements may be registered
concurrently by caveat onto individual lots being created.
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DEVELOPMENT PERMIT RULES AND PROCEDURES
SECTION 25
DEVELOPMENT PERMIT - WHEN REQUIRED
25.1
Except as otherwise provided for in Schedule 4 (Development Not Requiring a Permit),
all development shall be required to obtain a development permit.
25.2
In addition to meeting the requirements of this bylaw, it is the responsibility of the
applicant to ascertain, obtain and comply with all other approvals and licenses that may
be required by other federal, provincial or municipal regulatory departments or
agencies.
SECTION 26
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
26.1
This subsection does not negate the requirement of obtaining all required permits, as
applicable, under the Safety Codes Act and any other Provincial or Federal statute.
26.2
This subsection does not negate the requirement of obtaining a business license where
required.
26.3
Developments not requiring a municipal development permit are listed in Schedule 4.
26.4
Signs not requiring a municipal development permit are listed in Schedule 8, Section 4.
26.5
If there is a question as to whether a development permit is required for a particular
use, the matter shall be referred to the Municipal Planning Commission for a
determination.
SECTION 27
DEVELOPMENT PERMIT APPLICATION
27.1
An application for a development permit shall be made to the Development Officer by
submitting:
(a) a completed development permit application, signed by the registered owner or
authorized by the owner pursuant to Section 27.2;
(b) the prescribed fee, in accordance with the Village's fee schedule;
(c) a description of the existing and proposed use of the land, building(s) and/or
structures and whether it is a new development, an alteration/addition, relocation
or change of use and whether the use is temporary in nature;
(d) a site plan acceptable to the Development Officer indicating:
(i)
the location of all existing and proposed buildings and structures and
registered easements or rights-of-way, dimensioned to property lines and
drawn to a satisfactory scale;
(ii) existing and proposed parking and loading areas, driveways, abutting streets,
avenues and lanes, and surface drainage patterns;
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Village of Barons Land Use Bylaw No. 677
(iii) where applicable, the location of existing and proposed wells, septic tanks,
disposal fields, culverts and crossings;
(iv) any additional information as may be stipulated in the standards of
development;
(v) any such other information as may be required by the Development Officer or
Municipal Planning Commission to evaluate an application including but not
limited to: conceptual design schemes, landscaping plans, building plans,
drainage plans, servicing and infrastructure plans, soil analysis, geotechnical
reports and/or other reports regarding site suitability; Real Property Report; or
a surveyors sketch.
27.2
An application for a development permit must be made by the registered owner of the
land on which the development is proposed. An application may be made by a person
who is not the registered owner of the land only with written consent of the owner. The
Development Officer may request a current title documenting ownership and copies of
any registered encumbrance, lien or interest registered on title.
SECTION 28
DETERMINATION OF COMPLETE DEVELOPMENT APPLICATION
28.1
The Development Officer shall, within 20 days after receipt of an application for a
development permit submitted under Section 27, determine whether the application is
complete.
28.2
An application is complete if, in the opinion of the Development Officer, the application
contains the documents and other information necessary to review the application and
is of an acceptable quality.
28.3
The time period referred to in Section 28.1 may be extended by an agreement in writing
between the applicant and the Development Officer.
28.4
If the Development Officer does not make a determination referred to in Section 28.1
within the time required under Section 28.1 or 28.3, the application is deemed to be
complete.
28.5
If the Development Officer determines that the application is complete, the
Development Officer shall issue to the applicant a written Notice of Completeness
acknowledging that the application is complete, delivered by hand, mail or electronic
means.
28.6
If the Development Officer determines that the application is incomplete, the
Development Officer shall issue to the applicant a written notice indicating that the
application is incomplete and specifying the outstanding documents and information to
be provided, including but not limited to those required by Section 27. A submittal
deadline for the outstanding documents and information shall be set out in the notice
or a later date agreed on between the applicant and the Development Officer in order
for the application to be considered complete.
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28.7
If the Development Officer determines that the documents and information submitted
under Section 28.6 are complete, the Development Officer shall issue to the applicant a
written Notice of Completeness acknowledging that the application is complete,
delivered by hand, mail or electronic means.
28.8
If the required documents and information under Section 28.6 have not been submitted
to the Development Officer within the timeframe prescribed in the notice issued under
Section 28.6, the Development Officer shall return the application to the applicant
accompanied by a written Notice of Refusal stating the application is deemed refused,
the reason(s) for refusal, and the required information on filing an appeal.
28.9
Despite issuance of a Notice of Completeness under Section 28.5 or 28.7, the
Development Officer or Municipal Planning Commission, as applicable, in the course of
reviewing the application may request additional information or documentation from
the applicant that the Development Officer or Municipal Planning Commission considers
necessary to review the application.
SECTION 29
PERMITTED USE APPLICATIONS
29.1
Upon receipt of a complete application for a development permit for a permitted use
that conforms with this bylaw, the Development Officer:
(a) shall approve a development permit with or without conditions; or
(b) may refer the application to the Municipal Planning Commission for a decision.
29.2
Upon receipt of a completed application for a permitted use that requests a limited
variance not to exceed 10 percent of one measurable standard of this bylaw, the
Development Officer:
(a) may grant the limited variance not to exceed 10 percent of one measurable
standard of this bylaw and approve the development permit with or without
conditions if in the opinion of the Development Officer, the variance would not
unduly interfere with the amenities of the neighbourhood or materially interfere
with or affect the use, enjoyment or value of neighbouring parcels of land; or
(b) may refer the development application involving a request for a limited variance
not to exceed 10 percent of one measurable standard of this bylaw to the
Municipal Planning Commission for a decision;
(c) is not required to notify adjacent landowners or persons likely to be affected prior
to issuance of a decision on a development permit granting a limited variance
under this section.
29.3
Upon receipt of a completed application for a permitted use that requests more than
one limited variance, a variance(s) exceeding 10 percent of any measurable standard of
this bylaw, or a variance of any other bylaw provision the Development Officer shall
refer the application to the Municipal Planning Commission for a decision pursuant to
Section 33 (Applications Requesting Variance of Bylaw Provisions).
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Village of Barons Land Use Bylaw No. 677
29.4
The Development Officer or the Municipal Planning Commission may place any of the
following conditions on a development permit for a permitted use:
(a) requirement for applicant to enter into a development agreement pursuant to
Section 24 (Development Agreements);
(b) payment of any applicable off-site levy or redevelopment levy;
(c) geotechnical investigation to ensure that the site is suitable in terms of topography,
soil characteristics, flooding, subsidence, mass wasting and erosion;
(d) alteration of a structure or building size or location to ensure any setback
requirements of this Land Use Bylaw or the Subdivision and Development
Regulation can be met;
(e) any measures to ensure compliance with the requirements of this Land Use Bylaw
or any other statutory plan adopted by the Village of Barons;
(f)
easements and/or encroachment agreements;
(g) provision of public utilities, other than telecommunications systems or works, and
vehicular and pedestrian access;
(h) repairs or reinstatement of original condition of any street furniture, curbing,
sidewalk, boulevard landscaping and tree planting which may be damaged or
destroyed or otherwise altered by development or building operations upon the
site, to the satisfaction of the Development Officer or the Municipal Planning
Commission;
(i)
to give security to ensure the terms of the permit approval under this section are
carried out;
(j)
time periods stipulating completion of development;
(k) requirement for a lot and/or construction stakeout conducted by an approved
surveyor or agent;
(l)
any measures to ensure compliance with applicable federal, provincial and/or other
municipal legislation and approvals;
(m) require the preparation of an Environmental Impact Assessment;
(n) obtain any other approval, permit, authorization, consent or license that may be
required to develop and/or service the affected land.
SECTION 30
DISCRETIONARY USE APPLICATIONS
30.1
Upon receipt of a complete application for a development permit for a discretionary use
or a permitted use that requests more than one variance, a variance(s) exceeding 10
percent of any measurable standard of this bylaw, or a variance of any other bylaw
provision, the Development Officer shall:
(a) refer the application to the Municipal Planning Commission for a decision pursuant
to Section 33 (Applications Requesting Variance of Bylaw Provisions);
(b) notify adjacent landowners and other persons likely to be affected in accordance
with Section 35 (Notification of Adjacent Landowners and Persons Likely Affected).
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30.2
After consideration of any response to the notifications of adjacent landowners and
other persons likely to be affected, including Lethbridge County, government
departments and referral agencies as applicable, compatibility and suitability of the
proposed use, and any other matters, the Municipal Planning Commission may:
(a) approve a development permit with or without conditions; or
(b) refuse to approve the development permit, stating reasons.
30.3
The Municipal Planning Commission may place any of the conditions stipulated in
Section 29.4 (Permitted Use Applications) on a development permit for a discretionary
use in any land use district, in addition to any other conditions necessary to ensure the
quality, suitability and compatibility of a development with other existing and approved
uses in the area.
SECTION 31
SIMILAR USE
31.1
Upon receipt of a complete application for a development permit for a use that is not
specifically listed in any land use district, but which may be similar in character and
purpose to other uses of land and structures in the land use district in which such use is
proposed, the Development Officer may classify the use as either similar to a permitted
use or similar to a discretionary use.
31.2
Where a use has been classified similar to a permitted use, the Development Officer
may process the application accordingly as a permitted use or refer the application to
the Municipal Planning Commission for a decision. The notice of the decision shall be
subject to Section 36.2 (Notice of Decision).
31.3
Where a use has been classified similar to a permitted use and requests more than one
limited variance, a variance(s) exceeding 10 percent of any measurable standard of this
bylaw, or a variance of any other bylaw provision, the Development Officer shall:
(a) refer the application to the Municipal Planning Commission for a decision; and
(b) notify adjacent landowners and other persons likely to be affected in accordance
with Section 35 (Notification of Adjacent Landowners and Persons Likely Affected).
31.4
Where a use has been classified similar to a discretionary use the Development Officer
shall:
(a) refer the application to the Municipal Planning Commission for a decision; and
(b) notify adjacent landowners and other persons likely to be affected in accordance
with Section 35 (Notification of Adjacent Landowners and Persons Likely Affected).
31.5
Upon referral of an application by the Development Officer for a use that may be similar
in character and purpose to a permitted or discretionary use, the Municipal Planning
Commission:
(a) shall rule whether or not the proposed use is similar to a use in the land use district
in which it is proposed;
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Village of Barons Land Use Bylaw No. 677
(b) if the proposed use is deemed similar to a use in the land use district in which it is
proposed, the application shall be reviewed as a discretionary use application;
(c) if the proposed use is not deemed similar to a use in the land use district in which it
is proposed, the development permit shall be refused.
SECTION 32
TEMPORARY USE
32.1
Where in the opinion of the Development Authority, a proposed use is of a temporary
nature, it may approve a temporary development permit valid for a period of up to one
year for a use, provided the use is listed as a permitted use, discretionary use or
deemed similar to a permitted or discretionary use in the applicable land use district.
32.2
Temporary use applications shall be subject to the following conditions:
(a) the applicant or developer is liable for any costs involved in the cessation or
removal of any development at the expiration of the permitted period;
(b) the Municipal Planning Commission may require the applicant to submit an
irrevocable letter of credit, performance bond or other acceptable form of security
guaranteeing the cessation or removal of the temporary use; and
(c) any other conditions as deemed necessary.
32.3
A use deemed temporary in nature shall be processed in accordance with the
corresponding Sections 29 to 31 of this bylaw. Notification of adjacent landowners and
other persons likely to be affected, including Lethbridge County, government
departments and referral agencies shall be in accordance with Section 35 (Notification
of Adjacent Landowners and Persons Likely Affected) of this bylaw.
SECTION 33
APPLICATIONS REQUESTING VARIANCE OF BYLAW PROVISIONS
33.1
Upon receipt of an application for a development permit that does not comply with this
bylaw but in respect of which the Municipal Planning Commission is requested to
exercise discretion under Section 33.3, the Development Officer shall:
(a) refer the application to the Municipal Planning Commission for a decision; and
(b) notify adjacent landowners and other persons likely to be affected, including
Lethbridge County, government departments and any other referral agency in
accordance with Section 35 (Notification of Adjacent Landowners and Persons
Likely Affected).
33.2
The Development Officer is authorized to exercise discretion for a permitted use where
a limited variance to one applicable measurable standard not to exceed 10 percent is
requested, in accordance with Section 29.2.
33.3
The Municipal Planning Commission is authorized to decide upon an application for a
development permit notwithstanding that the proposed development does not comply
with this bylaw, if in the opinion of the Municipal Planning Commission, the proposed
development would not:
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(a) unduly interfere with the amenities of the neighbourhood; or
(b) materially interfere with or affect the use, enjoyment or value of neighbouring
properties;
(c) and the proposed development conforms with the use prescribed for that land or
building within Schedule 2 - Use Regulation.
SECTION 34
LIMITATIONS ON VARIANCE PROVISIONS
34.1
In approving an application for a development permit, the Development Officer or
Municipal Planning Commission shall adhere to the general purpose and intent of the
appropriate land use district and to the following:
(a) a variance shall be considered only in cases of unnecessary hardship or practical
difficulties particular to the use, character, or situation of land or building which are
not generally common to other land in the same land use district;
(b) where a variance is considered that will reduce the setback from any road as
defined in the MGA, the Development Authority shall consider all future road
construction needs of the municipality as well as the transportation requirements
of the parcel(s) or lot(s) affected.
SECTION 35
NOTIFICATION OF ADJACENT LANDOWNERS AND PERSONS LIKELY AFFECTED
35.1
Where notification of adjacent landowners and other persons likely to be affected is
required under Sections 29 to 32, the Development Officer shall:
(a) mail (postal service or electronic) written notice of the application at least ten (10)
days before the meeting of the Municipal Planning Commission to:
(i)
adjacent landowners and other persons likely to be affected by the issuance
of a development permit;
(ii)
Lethbridge County if, in the opinion of the Development Officer or the
Municipal Planning Commission, the proposed development could have an
impact upon land uses in the County or is adjacent to the County boundary or
is required in accordance with an adopted Intermunicipal Development Plan;
and
(iii) any other persons, government departments or referral agency that is
deemed to be affected; or
(b) hand deliver written notice of the application at least five (5) days before the
meeting of the Municipal Planning Commission to the persons and agencies
specified in subsection (a); or
(c) publish a notice of the application in a newspaper circulating in the municipality or
the Village newsletter at least ten (10) days before the meeting of the Municipal
Planning Commission; or
(d) post a notice of the application in a conspicuous place on the property at least five
(5) days before the meeting of the Municipal Planning Commission; or
any combination of the above.
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Village of Barons Land Use Bylaw No. 677
35.2
In all cases, notification shall:
(a) describe the nature and location of the proposed use or development;
(b) state the place and time where the Municipal Planning Commission will meet to
consider the application, and state how and when written or oral submissions on
the application will be received and considered;
(c) specify the location at which the application can be inspected.
SECTION 36
NOTICE OF DECISION
36.1
A decision of the Development Authority on an application for a development permit
must be issued:
(a) in writing to the applicant in accordance with Section 36.2; and
(b) a copy of the decision posted in a prominent place in the village office for 21 days
or posted in a newspaper circulated within the municipality or published on the
official municipal website; and/or
(c) a copy of the decision sent by mail (postal service or electronic mail) to those
originally notified of the development permit application and any other person,
government department or agency that may, in the opinion of the Development
Officer, likely be affected.
36.2
The Development Officer will give or send by mail (postal service or electronic mail) a
copy of the decision, which specifies the date on which the decision was made, to the
applicant on the same day the decision is made.
36.3
For the purpose of Section 36.2, the "date on which the decision was made" means:
(a) the date the Development Officer signed the notice of decision or development
permit; or
(b) the date the decision is posted in the newspaper, whichever occurs later.
SECTION 37
COMMENCEMENT OF DEVELOPMENT
37.1
Despite the issuance of a development permit, no development is authorized to
commence within 21 days after the date on which the decision was made.
37.2
If an appeal is made, no development is authorized pending the outcome of the appeal.
37.3
Any development occurring prior to the dates determined under Section 37.1 and 37.2
is at the risk of the applicant.
SECTION 38
DEVELOPMENT PERMIT VALIDITY
38.1
Unless a development permit is suspended or cancelled, the development must be
commenced and carried out with reasonable diligence in the opinion of the
Development Officer or the Municipal Planning Commission within 12 months from the
date of issuance of the permit, otherwise the permit is no longer valid.
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38.2
An application to extend the validity of a development permit may be made at any time
prior to the expiration of the approved permit in accordance with Section 38.3, except
for a permit for a temporary use which shall not be extended.
38.3
Upon receipt of a request to extend the validity of a development permit, the validity of
a development permit may be extended for up to a period of one year by:
(a) the Development Officer or the Municipal Planning Commission if the permit was
issued by the Development Officer;
(b) the Municipal Planning Commission if the permit was issued by the Municipal
Planning Commission or approved on appeal by the Subdivision and Development
Appeal Board.
38.4
The number of extensions to the validity of a development permit is limited to one
approval.
38.5
When any use has been discontinued for a period of 12 months or more, any
development permit that may have been issued is no longer valid and said use may not
be recommenced until a new application for a development permit has been made and
a new development permit issued. This section does not apply to non-conforming uses
which are regulated under section 643 of the MGA.
SECTION 39
TRANSFERABILITY OF DEVELOPMENT PERMIT
39.1
A home occupation permit is non-transferable.
39.2
Any other valid development permit is transferable where the use remains unchanged
and the development is affected only by a change of ownership, tenancy, or occupancy.
SECTION 40
OCCUPANCY PERMITS
40.1
The Development Officer or the Municipal Planning Commission may require that the
holder of a development permit obtain an occupancy permit before a building or use
that was the subject of a development permit is occupied and/or the approved use
initiated.
SECTION 41
FAILURE TO MAKE A DECISION - DEEMED REFUSAL
41.1
In accordance with section 684 of the MGA, an application for a development permit
shall, at the option of the applicant, be deemed to be refused when the decision of the
Development Officer or the Municipal Planning Commission, as the case may be, is not
made within 40 days of receipt of the complete application unless the applicant has
entered into a written agreement with the Development Officer or the Municipal
Planning Commission to extend the 40-day decision period.
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Village of Barons Land Use Bylaw No. 677
SECTION 42
REAPPLICATION FOR A DEVELOPMENT PERMIT
42.1
If an application for a development permit is refused by the Development Officer, the
Municipal Planning Commission or, on appeal the Subdivision and Development Appeal
Board, the submission of another application for a development permit on the same
parcel of land for the same or for a similar use of the land may not be accepted by the
Development Officer for at least 12 months after the date of refusal.
42.2
If an application was refused solely because it did not comply with the standards of this
bylaw or was refused as an incomplete application under Section 28, the Development
Officer may accept another application on the same parcel of land for the same or
similar use before the time period referred to in Section 42.1 has lapsed, provided the
application has been modified to comply with this bylaw.
SECTION 43
SUSPENSION OR CANCELLATION OF A PERMIT
43.1
If after a development permit has been issued, the Development Officer or the
Municipal Planning Commission determines that:
(a) the application contained a misrepresentation;
(b) facts were not disclosed which should have been at the time of consideration of
the application for the development permit;
(c) the development permit was issued in error; or
(d) the applicant withdrew the application by way of written notice;
the Development Officer or the Municipal Planning Commission may suspend or cancel
the development permit by notice in writing to the holder of it stating the reasons for
any suspension or cancellation.
43.2
Upon receipt of the written notification of suspension or cancellation, the applicant
must cease all development and activities to which the development permit relates.
43.3
A person whose development permit is suspended or cancelled under this section may
appeal within 21 days of the date the notice of cancellation or suspension is received to
the Subdivision and Development Appeal Board.
43.4
If a development permit is suspended or cancelled, the Subdivision and Development
Appeal Board shall review the application if an appeal is filed by the applicant and
either:
(a) reinstate the development permit; or
(b) cancel the development permit if the Development Officer or the Municipal
Planning Commission would not have issued the development permit if the facts
subsequently disclosed had been known during the consideration of the
application; or
(c) reinstate the development permit and may impose such other conditions as are
considered necessary to ensure that this bylaw or any statutory plan is complied
with.
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SUBDIVISION RULES AND PROCEDURES
SECTION 44
SUBDIVISION APPLICATIONS
44.1
An applicant applying for subdivision shall provide the required material and
information as requested by the Subdivision Authority or its designate. A complete
application shall consist of:
(a) an official application, in the manner and form prescribed, clearly and legibly
completed with all the required information and signatures provided as requested
on the form; and
(b) the applicable fees paid; and
(c) an up-to-date and current copy of the Certificate of Title to the subject land; and
(d) a surveyors sketch or tentative subdivision plan professionally prepared with
dimensions, structures, easements; and
(e) provincial abandoned gas well information; and
(f)
for vacant parcels, a soils analysis which indicates the ability of the proposed parcel
to be municipally or privately serviced; and
(g) any such other information as may be required at the discretion of the Subdivision
Authority in order to accurately evaluate the application and determine compliance
with the Land Use Bylaw or other government regulations. This may include but is
not limited to the provision of geotechnical information, soil analysis reports, water
reports, soil or slope stability analysis, drainage information, contours and
elevations of the land, engineering studies or reports, wetland reports,
environmental impact assessments, utility and servicing information, and/or the
preparation of a conceptual design scheme or an area structure plan may be
required from the applicant prior to a decision being rendered on a subdivision
application to determine the suitability of the land for the proposed; and
(h) the consent to authorize the Subdivision Authority or its designate to carry out a
site inspection on the subject land as authorized in accordance with the MGA must
also be provided on the submitted application form unless determined not to be
needed by the Subdivision Authority.
44.2
In accordance with the MGA, the Subdivision Authority or those authorized to act
on its behalf, shall provide notification to a subdivision applicant within the 20-day
prescribed time period, on whether a submitted application is deemed complete, or
if it is determined to be deficient what information is required to be submitted by a
specified time period, by sending notification in the following manner:
(a) for an application deemed complete, the applicant shall be notified in writing as
part of the formal subdivision application circulation referral letter;
(b) for an application determined to be incomplete, written notification shall be given
to the applicant which may be in the form of a letter sent by regular mail to the
applicant, or sent by electronic means, or both, or by any other method as may be
agreed to between the applicant and Subdivision Authority;
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(c) in respect of subsection (b) for a subdivision application determined to be
incomplete, the applicant will be advised in writing as part of the Notice of
Incompleteness what the outstanding or required information items are that must
be submitted by the time specified in the notice.
44.3
Notwithstanding Section 44.2, the applicant and Subdivision Authority may agree and
sign a time extension agreement in writing in accordance with section 653.1(3) of the
MGA to extend the 20-day decision time period to determine whether the subdivision
application and support information submitted is complete.
44.4
A determination made by the Subdivision Authority that an application is complete for
processing does not preclude the ability for the Subdivision Authority to request other
information or studies to be submitted by the applicant during the review and
processing period, prior to a decision being rendered, or as condition of subdivision
approval.
SECTION 45
INCOMPLETE SUBDIVISION APPLICATIONS
45.1
The Subdivision Authority may refuse to accept and process a subdivision application
where the information required under Section 44 and/or as described in a Notification
of Incompleteness has not been submitted, is determined to be deficient, is still
incomplete, or in the opinion of the Subdivision Authority the quality of the material
supplied is inadequate to properly evaluate the application.
45.2
If the Subdivision Authority makes a determination that the application is refused due to
incompleteness, the applicant shall be notified in writing with reasons in the manner as
described in Section 44.2.
45.3
The notification provided for in Section 44.2(b) shall include for the applicant the
required information on the filing of an appeal and to which appeal board body the
appeal lies, either the local appeal board or provincial Municipal Government Board, in
accordance with the parameters of the MGA.
SECTION 46
APPLICATION AND DECISION
46.1
All applications for subdivision approval shall be evaluated by the Village in accordance
with the following criteria:
(a) compliance with statutory plans, bylaws, and regulations;
(b) adequacy of road access;
(c) provision of municipal services and utilities, including a storm water drainage plan;
(d) compatibility with adjacent land uses;
(e) accessibility to emergency services;
(f)
site suitability in terms of minimum dimensional standards for lots and all other
criterion in this bylaw as specified in the applicable land use district in Schedule 2;
(g) any other matters the Village may consider necessary.
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46.2
For the purpose of infill development, an application which proposes to subdivide an
accessory structure onto a separate lot may be considered by the Subdivision Authority
where:
(a) the proposed lots meet the provisions of Schedule 3 (Dimensional Standards and
Setbacks);
(b) the existing and proposed buildings meet the provisions of Schedule 3 (Dimensional
Standards and Setbacks) based on the lot proposed layout;
(c) the access of each lot is provided from a public roadway not a lane or laneway;
(d) all lots are serviceable to the satisfaction of the municipality.
46.3
At the time of subdivision and as a condition of approval, 10 percent of the lands to be
subdivided shall be dedicated as municipal and/or school reserve in accordance with the
provisions of the MGA. The Village may take municipal and/or school reserve in one or
a combination of the following methods:
(a) land,
(b) land similar in quality to the land being proposed to be subdivided,
(c) money in lieu, or
(d) deferral to the balance of the subject property.
46.4
Money-in-lieu of municipal reserve shall be placed in a special reserve fund,
administered by the Village, to be used for recreation area and facility construction and
improvement.
46.5
In residential areas, the Village may allocate municipal and/or school reserve for the
purpose of developing parks, playgrounds, trail systems, recreation facilities, schools
and similar uses.
46.6
In commercial or industrial areas, the Village may allocate municipal reserve for the
purpose of providing a buffer between incompatible land uses or to augment the parks
and trails system.
46.7
In addition to Municipal Reserve, land that is deemed to be protected may be left in its
natural state and allocated as environmental reserve or environmental reserve
easement in accordance with the provisions of the MGA.
SECTION 47
LOT DESIGN
47.1
Through lots or double frontage lots shall be avoided, except where essential to
separate residential development from traffic arteries or to overcome specific
disadvantages of topography and orientation. In such cases, access will be allowed only
on the lower classification street.
47.2
Flag lots are prohibited in the residential land use districts. Flag lots or parcels may be
permitted in lots exceeding 0.2 ha (0.5 acre) under the following conditions:
(a) the flag lot directly accesses a local or residential street;
ADMINISTRATION | 22
Village of Barons Land Use Bylaw No. 677
(b) the aggregate width of the pole, or poles for two (2) adjacent flag lots, is a
minimum of 12.1 m (40 ft) in width with minimum pole width 6.1 m (20 ft).
47.3
All rectangular lots and, so far as practical all other lots, shall have side lot lines at right
angles to straight street lines or radial side lot lines to curved street lines. Unusual or
odd shaped lots having boundary lines that intersect at extreme angles shall be avoided.
47.4
The lot line common to the street right-of-way line shall be the front line. All lots shall
face the front line and a similar lot across the street. Wherever feasible, lots shall be
arranged so that the rear line does not abut the side line of an adjacent lot.
47.5
No lot or parcel shall be created which does not meet the minimum standards of the
applicable land use district, except pursuant to an area structure plan which provides for
the perpetual maintenance of such remnants.
47.6
The length and width of blocks shall be sufficient to accommodate two (2) tiers of lots
with minimum standards specified by the applicable land use district and this chapter,
except where a single row of lots back up to an arterial street. When reviewing
proposed lot and block arrangements, the subdivision authority shall consider the
following factors:
(a) Adequate Building Sites Required: provision of adequate building sites suitable to
the special needs of the type of land use (residential, commercial or other)
proposed for development shall be provided, taking into consideration
topographical and drainage features;
(b) Minimum Lot Sizes Established: minimum land use district and lot requirements
defining lot sizes and dimensions shall be accommodated without creating
unusable lot remnants;
(c) Safe Access Required: block layout shall enable development to meet all Village
engineering requirements for convenient access, circulation, control and safety of
street traffic.
47.7
At the time of subdivision, all corner lots and interior laneway corner lots shall dedicate
clear vision triangles as right-of-way.
Figure 47.1
Village of Barons Land Use Bylaw No. 677
ADMINISTRATION | 23
ENFORCEMENT
SECTION 48
SUBDIVISON AND DEVELOPMENT APPEALS
48.1
Any person applying for a development permit or any other person affected by an
order, decision or development permit made or issued by the Designated Officer or the
Municipal Planning Commission may appeal such an order or decision to the Subdivision
and Development Appeal Board in accordance with the procedures described in the
MGA.
48.2
Only the applicant may appeal a subdivision decision rendered by the Municipal
Planning Commission and any condition attached to the decision, to the Subdivision and
Development Appeal Board in accordance with the procedures described in the MGA.
48.3
An appeal to the Subdivision and Development Appeal Board shall be commenced by
serving a written notice of the appeal with reasons to the Subdivision and Development
Appeal Board and shall be accompanied by the applicable fee.
SECTION 49
ENFORCING THE BYLAW
49.1
The Development Authority or a Community Peace Officer may enforce the
provisions of the Bylaw, or the conditions of a Development Permit, pursuant to the
MGA and the Provincial Offences Procedure Act (POPA), as amended.
49.2
Enforcement may be by offence notice or a violation ticket pursuant to POPA, or
any other authorized action to ensure compliance. The enforcement powers
granted to the Development Authority under the Bylaw are in addition to any
enforcement powers that the Village or any of its designated officers may have
under POPA. The Development Authority may exercise all such powers
concurrently.
49.3
Any person who contravenes, causes or permits a contravention of the Bylaw
commits an offence.
49.4
It is an offence for any person to commence or continue development when:
(a) a Development Permit is required but has not been issued,
(b) a Development Permit has expired,
(c) a Development Permit has been revoked or suspended, or
(d) a condition of a Development Permit has been contravened.
49.5
It is an offence for a person to prevent or obstruct the Development Authority or a
Community Peace Officer from carrying out any official duty under the Bylaw or MGA.
SECTION 50
STOP ORDERS
50.1
As set forth in the MGA, the Development Authority is authorized to issue an Order
under section 645 of the MGA if a development, land use or use of a building is not in
ADMINISTRATION | 24
Village of Barons Land Use Bylaw No. 677
accordance with the MGA, the Subdivision and Development Regulation, a development
permit or subdivision approval, or this bylaw.
50.2
A person who receives notice pursuant to Section 50.1 may appeal the order to the
Subdivision and Development Appeal Board in accordance with the MGA. An appeal
shall be commenced by serving a written notice of the appeal to the Subdivision and
Development Appeal Board and shall be accompanied by the applicable fee.
SECTION 51
ENFORCEMENT OF STOP ORDERS
51.1
Pursuant to section 646 of the MGA, if a person fails or refuses to comply with an order
directed to the person under section 645 or an order of a subdivision and development
appeal board under section 687, the designated officer may, in accordance with section
542, enter on the land or building and take any action necessary to carry out the order.
51.2
The Village may register a caveat under the Land Titles Act in respect of an order
referred to in Section 50.1 against the certificate of title for the land that is the subject
of an order.
51.3
If a caveat is registered under Section 51.2, the Village must discharge the caveat when
the order has been complied with.
51.4
If compliance with a stop order is not voluntarily effected, the Village may undertake
legal action, including but not limited to, seeking injunctive relief from the Alberta Court
of Queen's Bench pursuant to section 554 of the MGA. In accordance with section 553
of the MGA, the expenses and costs of carrying out an order under section 646 of the
MGA may be added to the tax roll of the parcel of land.
SECTION 52
PENALTIES AND RIGHT OF ENTRY
52.1
Any person who contravenes any provision of this bylaw is guilty of an offence in
accordance with Part 13, Division 5, Offences and Penalties of the MGA and is liable to a
fine of not more than $10,000 or to imprisonment for not more than one year or to
both fine and imprisonment.
52.2
Pursuant to POPA the following fine amounts are established for use on offence notices
and violation tickets:
(a) failure to obtain a Development Permit $100
(b) failure to comply with Development Permit Conditions $1,000
(c) failure to comply with District Regulations $500
(d) failure to comply with any other condition of the Bylaw $500
52.3
In accordance with section 49.4, persons contravening this Bylaw shall be liable for a
penalty in accordance with 52.2 and $1000 for a second or subsequent contraventions.
52.4
Each time that an offence notice is issued may be considered to be a separate
contravention.
Village of Barons Land Use Bylaw No. 677
ADMINISTRATION | 25
52.5
Payment of a fine does not release the offender from the requirement to comply with
the requirements of the Bylaw.
52.6
In accordance with section 542 of the MGA, a designated officer may, after giving
reasonable notice to and obtaining consent from the owner or occupied of land upon
which this bylaw or MGA authorizes anything to be inspected, remedied, or enforced or
done by a municipality:
(a)
enter on that land at a reasonable time and carry out inspection, enforcement,
or action authorized or required by the enactment or bylaw;
(b)
request anything to be produced to assist in the inspection, remedy,
enforcement or action; and,
(c)
make copies of anything related to the inspection, remedy, enforcement or
action.
52.7
If a person refuses to grant consent or refuses to produce anything to assist in the
inspection, remedy, enforcement or action referred to in section 542 of the MGA, the
municipality under the authority of section 543 of the MGA may obtain a court order.
AMENDMENTS
SECTION 53
AMENDMENTS TO THE LAND USE BYLAW
53.1
Any person or the Village may initiate amendments to the Village of Barons Land Use
Bylaw by submitting an application to the Development Officer.
53.2
All applications for amendment shall be submitted using the applicable form in
Appendix A, and be accompanied by the applicable fee and any additional information,
as deemed necessary by the Development Officer to process the application.
53.3
The Development Officer may refuse to accept an application if, in his/her opinion, the
information supplied is not sufficient to make a proper evaluation of the proposed
amendment.
53.4
Council or the Development Officer may refer the application to the Municipal Planning
Commission for their recommendation.
53.5
The Development Officer shall forward an application to Council for consideration when
satisfied that sufficient information has been provided with the application.
53.6
Public hearing and notification requirements shall be in accordance with section 692 of
the MGA.
53.7
Where an application for an amendment to the Village of Barons Land Use Bylaw has
been refused by Council, another application that is the same or similar in nature shall
not be accepted until at least 12 months after the date of refusal.
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Village of Barons Land Use Bylaw No. 677
53.8
Where an application has been significantly changed, Village Council may accept an
application prior to the end of the 12-month period specified in Section 53.7.
SECTION 54
LAND USE REDESIGNATION APPLICATION REQUIREMENTS
54.1
A request for redesignation from one land use district to another shall be accompanied
by:
(a) a completed application form and the applicable fee;
(b) a copy of the Certificate of Title for the lands, dated not more than one (1) year
prior to the date on which the application was made;
(c) a narrative describing the:
(i)
proposed designation and future uses(s);
(ii)
consistency with the applicable statutory plans;
(iii) compatibility of the proposal with surrounding uses and zoning;
(iv) development potential/suitability of the site, including identification of any
constraints and/or hazard areas (e.g. easements, soil conditions, topography,
drainage, floodplain, steep slopes, etc.);
(v)
availability of facilities and services (sewage disposal, domestic water, gas,
electricity, fire and police protection, schools, etc.) to serve the subject
property while maintaining adequate levels of service to existing
development;
(vi) any potential impacts on public roads; and
(vii) any other information deemed necessary by the Development Officer or
Council to properly evaluate the proposal.
(d) conceptual lot design, if applicable;
(e) a geotechnical report addressing the following but not limited to:
(i)
slope stability,
(ii)
groundwater,
(iii) sewage,
(iv) water table, and
(v)
flood plain analysis,
if deemed necessary by the Development Officer, or Council;
(f)
an evaluation of surface drainage which may include adjacent properties if deemed
necessary by the Development Officer, or Council; and
(g) any other information deemed necessary by the Development Officer, or Council to
properly evaluate the application.
54.2
An Area Structure Plan or Conceptual Design Scheme may be required in conjunction
with a redesignation application involving:
(a) industrial development;
(b) large-scale commercial development;
Village of Barons Land Use Bylaw No. 677
ADMINISTRATION | 27
(c) manufactured home park;
(d) multi-lot residential development which has the potential to trigger capacity
upgrades or expansion of infrastructure; or
(e) as required by Council.
SECTION 55
REDESIGNATION CRITERIA
55.1
When redesignating land from one land use district to another, Council considerations
shall include the following:
(a) compliance with applicable standards and provisions of the Village of Barons Land
Use Bylaw;
(b) consistency with the Municipal Development Plan and any other adopted statutory
plans;
(c) compatibility with adjacent uses;
(d) development potential/suitability of the site;
(e) availability of facilities and services (sewage disposal, domestic water, gas,
electricity, police and fire protection, schools, etc.) to serve the subject property
and any potential impacts to levels of service to existing and future developments;
(f)
cumulative impact to the Village;
(g) potential impacts on public roads;
(h) setback distances contained in the Subdivision and Development Regulation;
(i)
supply of suitably designated land;
(j)
public comment and any applicable review agency comments; and
(k) any other matters deemed pertinent.
ADMINISTRATION DEFINITIONS
SECTION 56
ADMINISTRATION DEFINITIONS
The following definitions shall apply to the entire bylaw.
A
ADDITION means construction that increases the footprint of an existing building or structure on the
parcel of land. Typically there will be a common connection from the existing building to the addition
that includes a foundation of some type beneath the addition.
ADJACENT LAND OR ADJACENT means land that is contiguous to a parcel of land proposed for
development, subdivision or redesignation and includes land that would be contiguous if not for a road,
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Village of Barons Land Use Bylaw No. 677
railway, walkway, watercourse, water body, utility lot, right-of-way, reserve land or other similar
feature.
ALTER or ALTERATION means any structural change to a building that results in an increase or decrease
in the area or the volume of the building; any change in the area frontage, depth, or width of a lot that
affects the required yard, landscaped open space, or parking requirements of this bylaw; structural
change to a sign; and to discontinue or change the principal use of the site or building with a use defined
as being distinct from the discontinued use.
AMENITY AREA means an area(s) within the boundaries of a development intended for recreational
purposes. These may include landscaped areas, patios, balconies, swimming pools, beaches, and other
similar items that are intended for public use.
APPROVED USE means a use of land and/or building for which a development permit has been issued by
the Development Authority or the Subdivision and Development Appeal Board.
AREA REDEVELOPMENT PLAN means a statutory plan, prepared in accordance with sections 634 and
635 of the Municipal Government Act for the purpose of all or any of the following:
(a) preserving or improving land and buildings in the area;
(b) rehabilitating buildings in the area;
(c) removing buildings from the area;
(d) constructing or replacing buildings in the area;
(e) establishing, improving or relocating public roadways, public utilities or other services in the
area;
(f)
any other development in the area.
AREA STRUCTURE PLAN means a statutory plan prepared for the purpose of providing a framework for
subsequent subdivision and development of an area of land (Municipal Government Act, section 633)
and that may be adopted by a Council by bylaw.
B
BALCONY means a platform attached to and projecting from the face of a principal building, with or
without a supporting structure above the first storey, normally surrounded by a baluster railing and
used as an outdoor porch or sundeck with access only from within the building.
BASEMENT means the portion of a building or structure which is partially or wholly below grade and
having its floor below grade by a distance greater than one-half the distance from floor to ceiling.
BERM means a barrier, typically constructed of mounded earth, used to separate incompatible areas,
uses, or functions, or to protect a site or development from noise.
BUFFER means open spaces, landscaped areas, fences, walls, hedges, trees, shrubs, berms or other
similar features used to physically and/or visually separate incompatible uses, areas, functions, sites,
buildings, roadways, districts, etc.
Village of Barons Land Use Bylaw No. 677
ADMINISTRATION | 29
BUILDING has the meaning defined in the Municipal Government Act and includes anything constructed
or placed on, in, over or under land, but does not include a highway or road or a bridge that forms part
of a highway or road.
BUILDING ENVELOPE means the space created on a lot or parcel within which a building may be
constructed once the setback requirements for a specific land use district have been considered.
BUILDING GRADE (as applied to the determination of building height) means the average level of
finished ground adjoining the main front wall of a building (not including an attached garage), except
that localized depressions such as for vehicle or pedestrian entrances need not be considered in the
determination of average levels of finished ground.
BUILDING HEIGHT means the vertical distance between grade and the highest point of a building
excluding a roof stairway entrance, elevator housing, a ventilating fan, a skylight, a steeple, a chimney, a
smoke stack, a fire wall or a parapet wall and a flagpole or similar device not structurally essential to the
building.
BUILDING INSPECTOR means the person or persons hired to be the chief building inspector or building
inspectors in and for the Village of Barons.
BUILDING PERMIT means a certificate or document issued by the Safety Codes Officer pursuant to
provincial legislation authorizing commencement of construction.
BUILDING SETBACK means the shortest distance between the exterior foundation wall of the building
and the nearest lot line. Depending on the land use district, the minimum setback will vary.
BUILDING WIDTH, MINIMUM means the minimum horizontal distance of the building's living space
measured parallel to the shortest exterior wall of the building and perpendicular to the longest exterior
wall of the building and excludes porches, decks, patios, balconies, carports, garages, unheated storage
space, porte-cochere and other similar architectural features.
BUSINESS means a commercial, merchandising, or industrial activity or undertaking, a profession, trade,
occupation, calling or employment or an activity providing goods or services, whether or not for profit
and however organized or formed, including a cooperative or association of persons.
BYLAW means the Land Use Bylaw of the Village of Barons.
C
CERTIFICATE OF COMPLIANCE means a document signed by the Development Authority, certifying that
a development complies with this bylaw with respect to yard requirements and insofar as represented
on an Alberta Land Surveyors' Real Property Report.
CHANGE OF USE means the conversion of land or building, or portion thereof from one land use activity
to another in accordance with the Permitted or Discretionary Uses as listed in each land use district.
COMMON WALL means a vertical separation completely dividing a portion of a building from the
remainder of the building and creating in effect a building which, from its roof to its lowest level, is
ADMINISTRATION | 30
Village of Barons Land Use Bylaw No. 677
separate and complete unto itself for its intended purpose, such wall being owned by one (1) party but
jointly used by two (2) parties, one or both of whom is entitled to such use by prior arrangement.
CONCEPTUAL DESIGN SCHEME means a detailed site layout plan for a parcel of land which typically
addresses the same requirements of an Area Structure Plan but which is not adopted by bylaw which:
(a) shows the location of any existing or proposed buildings; and
(b) describes the potential effect and/or relationship of the proposed development on the
surrounding area and the municipality as a whole; and
(c) provides for access roads, water, sewer, power and other services to the satisfaction of the
Subdivision Authority or Council.
CONDOMINIUM means a building or structure where there exists a type of ownership of individual
units, generally in a multi-unit development or project where the owner possesses an interest as a
tenant in common with other owners in accordance with the provisions of the Condominium Property
Act.
CONDOMINIUM PLAN means a plan of survey registered at a Land Titles Office prepared in accordance
with the provisions of the Condominium Property Act, Revised Statutes of Alberta 2000, Chapter C-22, as
amended.
CORNER VISIBILITY OR CLEAR VISION TRIANGLES means a triangular area on a corner lot that is
comprised of two sides which are measured from the intersection corner for a distance specified in this
bylaw. The third side of the triangle is a line joining the ends of the other two sides. Where the lot lines
at intersections have rounded corners, the lot lines will be extended in a straight line to a point of
intersection.
COUNCIL means Council of the Village of Barons.
D
DEMOLITION means the pulling down, tearing down or razing of a building or structure.
DEVELOPER means a person or an owner of land in accordance with the Statutes of the Province of
Alberta who wishes to alter the title to the property and change the use of the property from its existing
use.
DEVELOPMENT in accordance with the Municipal Government Act means:
(a) an excavation or stockpile and 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 of any of them in, on, over or under land;
(c) a change of use of land or a building or an act done in relation to land or a building that results
in or is likely to result in a change in the use of the land or building; or
Village of Barons Land Use Bylaw No. 677
ADMINISTRATION | 31
(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 contractual agreement completed between the municipality and
an applicant for a development permit or subdivision approval which specifies the roadways, walkways,
public utilities, and other services to be provided by the applicant as a condition of a development
permit or subdivision approval, in accordance with the Municipal Government Act.
DEVELOPMENT AUTHORITY means the body established by bylaw to act as the Development Authority
in accordance with sections 623(b) or (c) and 624 of the Municipal Government Act.
DEVELOPMENT OFFICER means a person(s) authorized by Council to act as a development authority
pursuant to section 624 of the Municipal Government Act and in accordance with the Municipal
Planning Commission Bylaw.
DEVELOPMENT PERMIT means a permit issued with or without conditions pursuant to this bylaw
authorizing a development. A development permit does not constitute a building permit.
DISCRETIONARY USE means the use of land or building(s) provided for in the Land Use Bylaw for which a
development permit may be issued, following receipt by the Development Officer of a competed
application with appropriate details and fees.
DISTRICT - see LAND USE DISTRICT
E
EASEMENT means a right held by one part in land owned by another.
EAVE means the overhang or extension of a roof line beyond the vertical wall of a building.
EXCAVATION means the process of altering the natural elevation of the ground by grading, cutting,
stripping, filling or breaking of ground, but does not include common household gardening and ground
care, excavation made for the building of basements, structures, landscaping, or parking for which a
development permit has been issued, or extensive agriculture. Gravel pit, mineral extraction and any
other similar extractive use are not classified as excavation and are a separate use.
F
FLOOD ELEVATION, 1:100 YEAR means the water level reached during a 1:100 year flood as determined
in accordance with the technical criteria established by Alberta Environment.
FLOOD RISK AREA means the area of land bordering a water course or water body that would be
inundated by 1:100 year flood (i.e. a flood that has a 1 percent chance of occurring every year) as
determined by Alberta Environment in consultation with the Village and may include both flood fringe
and floodway.
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Village of Barons Land Use Bylaw No. 677
FLOOR AREA means the sum of the gross horizontal area of the several floors and passageways of a
building, but not including cellars, attached garages and open porches. All dimensions shall be outside
dimensions. Basement floor areas shall be included only where the building contains a basement suite.
FLOOR AREA RATIO means the net floor area divided by the gross lot area.
FOUNDATION means the supporting base structure of a building.
G
GEOTECHNICAL REPORT means a comprehensive site analysis and report prepared by a qualified and
registered professional with The Association of Professional Engineers, Geologists, and Geophysicists of
Alberta (APEGGA).
GRADE, LANDSCAPED (as applied to the determination of height of balconies, decks and architectural
features and landscape structures) means the average level of finished landscaped ground under the
four principal corners of the balcony, deck, architectural feature or landscape structure. For buildings
see BUILDING GRADE.
L
LANDOWNER - see REGISTERED OWNER
LANDSCAPING means the modification, beautification and enhancement of a site or development
through the use of the following elements:
(a) natural landscaping consisting of vegetation such as trees, shrubs, hedges, grass, flowers and
other ground cover or materials;
(b) hard landscaping consisting of non-vegetative materials such as brick, stone, concrete, tile and
wood, excluding monolithic concrete and asphalt; and
(c) excludes all areas utilized for driveways and parking.
LAND USE DISTRICT means a specifically delineated area or zone within which the development
standards of this bylaw govern the use, placement, spacing, and size of land and buildings. All land use
districts referred to in this bylaw are shown on the Land Use Districts Map found in Schedule 1 of this
bylaw.
LANE or LANEWAY means a public thoroughfare, which provides a secondary means of access to a lot or
lots.
LOT means a lot as defined in the Municipal Government Act and shall include a bare land condominium
unit.
Village of Barons Land Use Bylaw No. 677
ADMINISTRATION | 33
M
MAINTENANCE means the upkeep of a building or property that does not involve structural change, the
change of use, or the change of intensity of use.
MASS WASTING means a general term describing a variety of processes, including but not limited to
slumping, sloughing, fall and flow, by which earth materials are moved by gravity.
MGA means the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as
amended.
MUNICIPAL DEVELOPMENT PLAN means a Statutory Plan, formerly known as a General Municipal Plan,
adopted by bylaw in accordance with section 632 of the Municipal Government Act.
MUNICIPAL GOVERNMENT ACT (MGA) means the Municipal Government Act, Revised Statutes of
Alberta 2000, Chapter M-26, as amended.
MUNICIPAL/SCHOOL RESERVE means the land specified to be municipal and school reserve by a
subdivision approving authority pursuant to section 666 of the Municipal Government Act.
MUNICIPAL SUBDIVISION AND DEVELOPMENT APPEAL BOARD (SDAB) means the committee
established, by bylaw, to act as the municipal appeal body for subdivision and development
applications.
MUNICIPAL PLANNING COMMISSION (MPC) means the committee authorized by Council to act as the
Subdivision Authority pursuant to section 623 of the Municipal Government Act and Development
Authority pursuant to section 624 of the Municipal Government Act, and in accordance with the
Municipal Planning Commission Bylaw.
N
NON-COMPLIANCE means a development constructed, or use undertaken after the adoption of the
current Land Use Bylaw and does not comply with the current Land Use Bylaw.
NON-CONFORMING BUILDING means a building:
(a) that is lawfully constructed or lawfully under construction at the date of a Land Use Bylaw or
any amendment thereof affecting the building or land on which the building is situated
becomes effective; and
(b) that on the date the Land Use Bylaw or any amendment thereof becomes effective does not,
or when constructed will not, comply with the Land Use Bylaw.
NON-CONFORMING USE means a lawful specific use:
(a) being made of land or a building or intended to be made of a building lawfully under
construction, at the date of a Land Use Bylaw or any amendment thereof affecting the land or
building becomes effective; and
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Village of Barons Land Use Bylaw No. 677
(b) that on the date the Land Use Bylaw or any amendment thereof becomes effective does not,
or in the case of a building under construction, will not comply with the Land Use Bylaw.
NON-SERVICED means in respect to a lot or parcel that neither a municipal water system nor a
municipal sewage system services it.
NUISANCE means any use, prevailing condition or activity which has a detrimental effect on living or
working conditions.
O
OCCUPANCY PERMIT means a permit issued by the municipality that authorizes the right to occupy or
use a building or structure for its intended use.
OFF-SITE LEVY means the rate established by the municipal Council that will be imposed upon owners
and/or developers who are increasing the use of utility services, traffic services, and other services
directly attributable to the changes that are proposed to the personal property. The revenues from the
off-site levies will be collected by the municipality and used to offset the future capital costs for
expanding utility services, transportation network, and other services that have to be expanded in order
to service the needs that are proposed for the change in use of the property.
OFF-STREET LOADING SPACE means an open area, not exceeding 9.1 m (30 ft) in width, located in the
rear yard space, designed expressly for the parking of haulage vehicles while loading or unloading.
OFF-STREET PARKING means a lot or portion thereof, excluding a public roadway which is used or
intended to be used as a parking area for motor vehicles.
OFF-STREET PARKING SPACE means an off-street area available for the parking of one motor vehicle.
Every off-street parking space shall be accessible from a street, lane or other public roadway.
ORIENTATION means the arranging or facing of a building or other structure with respect to the points
of the compass.
P
PARCEL means an area of land described in a Certificate of Title either directly or by reference to a plan
and registered with the Alberta Land Titles Office.
PARTIALLY SERVICED LOT means a lot that is provided water or sewer serviced by either:
(a) a municipal water line or a municipal sewer line; or
(b) an incorporated organization or co-operative, recognized by the municipality, that is operating
a provincially approved water or sewer system.
PERMITTED USE means:
(a) the one or more uses of land or buildings that are stated in Schedule 2 as permitted uses; and
Village of Barons Land Use Bylaw No. 677
ADMINISTRATION | 35
(b) uses which, in accordance with and subject to the Act, shall be issued a development permit
with or without conditions (unless the use is exempted from requiring a development permit)
if the proposed development conforms with this bylaw.
PLAN OF SUBDIVISION means a plan of survey prepared in accordance with the relevant provisions of
the Land Titles Act for the purpose of effecting subdivision.
PRINCIPAL BUILDING means a building which:
(a) occupies the major or central portion of a lot;
(b) is the chief or main building on a lot; or
(c) constitutes, by reason of its use, the primary purpose for which the lot is used.
PRINCIPAL USE means the main purpose, in the opinion of the Development Officer or Municipal
Planning Commission, for which a lot is used.
PROHIBITED USE means a development that is not listed as permitted or discretionary, or is not
considered similar within a land use district.
PROVINCIAL LAND USE POLICIES means policies established by order of the Lieutenant Governor
pursuant to section 622 of the Municipal Government Act.
PUBLIC ROADWAY means a right-of-way maintained by the Village and is open to the public for the
purpose of vehicular traffic.
PUBLIC OPEN SPACE means land, which is not in private ownership and is open to use by the public.
R
REAL PROPERTY REPORT (RPR) means a legal document that illustrates in detail the location of all
relevant, visible public and private improvements relative to property boundaries prepared by a
registered Alberta Land Surveyor.
REGISTERED OWNER means:
(a) in the case of land owned by the Crown in right of Alberta or the Crown in right of Canada, the
Minister of the Crown having the administration of the land; or
(b) in the case of any other land:
(i)
the purchase of the fee simple estate in the land under an agreement for sale that is the
subject of a caveat registered against the Certificate of Title in the land, and any assignee
of the purchaser's interest that is the subject of a caveat registered against the Certificate
of Title; or
(ii) in the absence of a person described in paragraph (i), the person registered under the
Land Titles Act as the owner of the fee simple estate in the land.
ADMINISTRATION | 36
Village of Barons Land Use Bylaw No. 677
RIGHT-OF-WAY means an area of land not on a lot that is dedicated for public or private use to
accommodate a transportation system and necessary public utility infrastructure (including but not
limited to water lines, sewer lines, power lines, and gas lines).
ROAD - see PUBLIC ROADWAY
S
SAFETY CODES means a code, regulations, standard, or body of rules regulating things such as building,
electrical systems, elevating devices, gas systems, plumbing or private sewage disposal systems,
pressure equipment, fire protection systems and equipment, barrier free design and access in
accordance with the Safety Codes Act, RSA 2000, Chapter S-1, as amended.
SCREENING means a fence, wall, berm or hedge used to visually separate areas or functions that detract
from the street or neighbouring land uses.
SETBACK means the minimum distance required between a property line of a lot and the nearest part of
any building, structure, development, excavation or use on the lot and is measured at a right angle to
the lot line.
SIMILAR USE means a use of land or building(s) for a purpose that is not provided in any district
designated in this bylaw, but is deemed by the Development Officer or Municipal Planning Commission
to be similar in character and purpose to another use of land or buildings that is included within the list
of uses prescribed for that district.
SITE means that part of a parcel or a group of parcels on which a development exists or which an
application for a development permit is being made.
SITE PLAN means a plan drawn to scale illustrating the proposed and existing development prepared in
accordance with the requirements of this bylaw.
STOP ORDER means an order issued by the Development Officer or Municipal Planning Commission
pursuant to section 645 of the Municipal Government Act.
STOREY means the space between the top of any floor and the top of the next floor above it and if there
is no floor above it, the portion between the top of the floor and the ceiling above it, but does not
include a basement.
STREET means a thoroughfare which is used or intended to be used for passage or travel of motor
vehicles and includes the sidewalks and land on each side of and contiguous to the prepared surface of
the thoroughfare. It does not include lanes.
STRUCTURE means anything constructed or erected with a fixed location on the ground or attached to
something having a fixed location on the ground. Among other things, structures include buildings,
walls, fences, billboards and poster panels.
SUBDIVISION AND DEVELOPMENT REGULATION means regulations established by order of the
Lieutenant Governor in Council pursuant to section 694 of the Municipal Government Act.
Village of Barons Land Use Bylaw No. 677
ADMINISTRATION | 37
SUBDIVISION AUTHORITY means the body established by bylaw to act as the subdivision authority in
accordance with section 623 of the Municipal Government Act.
SUBDIVISION OR SUBDIVIDE means the division of a parcel by an instrument.
SUBSIDENCE means a localized downward settling or sinking of a land surface.
SUCH AS means includes, but is not limited to the list of items provided.
T
TEMPORARY DEVELOPMENT means a development for which a development permit has been issued
for a limited time period.
U
USE means the purposes for which land or a building is arranged or intended, or for which either land, a
building or a structure is, or may be, occupied and maintained.
UTILITIES means any one or more of the following:
(a) systems for the distribution of gas, whether artificial or natural;
(b) facilities for the storage, transmission, treatment, distribution or supply of water or electricity;
(c) facilities for the collection, treatment, movement or disposal of sanitary sewage;
(d) storm water drainage facilities;
(e) any other things prescribed by the Lieutenant Governor in Council by regulation;
but does not include those systems or facilities referred to in sub-clauses (a) to (d) that are exempted by
the Lieutenant Governor in Council by regulation.
V
VILLAGE means the Village of Barons.
W
WAIVER means the relaxation or variance of a development standard as established in this bylaw.
Z
ZONING - see LAND USE DISTRICT
All other words and expressions not otherwise defined in this Land Use Bylaw have the meaning assigned to them in the MGA.
Schedule 1
LAND USE DISTRICTS
Village of Barons Land Use Bylaw No. 677
SCHEDULE 1 | 1
Schedule 1
LAND USE DISTRICTS
SECTION 1
DIVISION OF MUNICIPALITY
1.1
The municipality is divided into those districts shown on the Land Use Districts Map of
this schedule.
1.2
Each district shown on the map referred to in Section 1 of this schedule shall be known
by the following identifying names and symbols:
RESIDENTIAL
- R1
RESIDENTIAL MANUFACTURED HOME - R2
COMMERCIAL
- CO
INDUSTRIAL
- IN
PUBLIC AND INSTITUTIONAL
- PI
URBAN RESERVE
- UR
SECTION 2
INTENT OF LAND USE DISTRICTS
2.1
RESIDENTIAL - R1
This district is intended to provide for a high quality residential environment with an
appropriate range of housing types.
2.2
RESIDENTIAL MANUFACTURED HOME - R2
This district is intended to provide for development of manufactured homes on
individual titled lots as well as a comprehensively planned manufacture home
community setting.
2.3
COMMERCIAL - CO
This district is intended to accommodate a variety of retail, service, and office uses,
which primarily cater to the daily needs of the residents of the Village of Barons and
select industrial uses that are not considered noxious or hazardous.
2.4
INDUSTRIAL - IN
This district is intended to accommodate a range of primarily industrial and warehousing
uses and allows for commercial uses that cater to the personal and business needs of
the community. Uses in this district may require large lots, special sitting and/or
servicing or may be considered noxious or hazardous.
SCHEDULE 1 | 2
Village of Barons Land Use Bylaw No. 677
2.5
PUBLIC AND INSTITUTIONAL - PI
This district is intended to assist in the development of government, educational,
medical, social and other public and institutional uses.
2.6
URBAN RESERVE - UR
This district is intended to ensure lots typically on the periphery of existing
developments are allowed limited uses and maintain parcels of larger sizes to give
maximum flexibility for use and development when the land is required for urban
development.
Schedule 2
USE REGULATION
Village of Barons Land Use Bylaw No. 677
SCHEDULE 2 | 1
Schedule 2
USE REGULATION
SECTION 1
USE CATEGORIES AND SPECIFIC USES
1.1
The principal uses allowed within the land use districts are identified in Table 2.2.1. The
land use districts are referenced by their two letter abbreviations.
1.2
All of the specific uses listed in the second column of Table 2.2.1 are defined in Section 3
of this schedule.
1.3
A "P" indicates that the listed use is allowed by right within the respective land use
district after review and approval by the Development Officer in accordance with
Section 28 Permitted Uses in the Administrative section. Permitted uses are subject to
all other applicable standards of the Land Use Bylaw.
1.4
A "D" indicates that the listed use is allowed within in the respective land use district
only after review and approval by the Municipal Planning Commission, in accordance
with Section 29 Discretionary Uses in the Administrative section. Discretionary uses are
subject to all other applicable standards of the Land Use Bylaw.
1.5
A blank cell (one without a "P" or "D") indicates that the listed use type is not allowed
within the respective land use district.
1.6
A use that is not specifically listed in the Specific Use Type column of Table 2.2.1, but
which may be similar in character and purpose to other uses of land and structures in
the land use district in which such use is proposed, the Development Officer may classify
the use as either similar to a permitted use or similar to a discretionary use in
accordance with Section 30 Similar Uses in the Administrative section.
1.7
The provisions of Schedule 3 (Dimensional Standards and Setbacks) apply to all uses in
this section.
1.8
The provisions of Schedule 5 (General and Use Specific Standards of Development) apply
to the uses in this section.
SCHEDULE 2 | 2
Village of Barons Land Use Bylaw No. 677
SECTION 2
USE TABLE
Table 2.2.1: Use Table
The provisions of Schedule 3 (Dimensional Standards and Setbacks) apply to all uses in this section.
The provisions of Schedule 5 (General and Use Specific Standards of Development) apply to the uses in this section.
The provisions of Schedule 3 (Dimensional Standards and Setbacks) apply to all uses in this section.
The provisions of Schedule 5 (General and Use Specific Standards of Development) apply to the uses in this section.
Use Category Specific Use Type
Land Use Districts
Development Standard
General
R1
R2
CO
IN
PI
UR
Accessory building
P
P
P
P
P
P
Schedule 6 Section 1
Accessory structure
P
P
P
P
P
P
Schedule 6 Section 1
Accessory use
P
P
P
P
P
P
--
Moved-in building
D
D
D
D
D
D
Schedule 6 Section 14
Schedule 7 Section 9
Shipping container, permanent
D
D
D
D
D
Schedule 5 Section 14
Shipping container, temporary
D
D
D
D
D
Schedule 5 Section 14
Alternative energy, individual
D
D
D
D
D
Schedule 5 Section 12
Signs
D
D
D
D
D
D
Schedule 8
Telecommunication antenna
Schedule 9
Use Category Specific Use Type
Land Use Districts
Development Standard
Residential
R1
R2
CO
IN
PI
UR
Household
Living
Dwelling single-unit
P
D
D
Schedule 6
Prefabricated dwelling
P
P
D
Schedule 6 Section 12
Manufactured home
P
D
Schedule 6 Section 13
Manufactured home
community
D
D
Schedule 6 Section 15
Moved-in dwelling
D
D
D
Schedule 6 Section 14
Dwelling 2 unit, 3-unit, 4-unit
D
Schedule 6
Row (more than 4 units)
D
Schedule 6
Apartment Building
D
Schedule 6
Home occupation 1
P
P
P
Schedule 6 Section 11
Home occupation 2
D
D
D
Schedule 6 Section 11
Secondary suite
D
D
Schedule 6 Section 16
Show Home
D
D
Schedule 5 Section 15
Assisted living
D
D
D
Schedule 6
Senior citizen housing
D
Schedule 6
Surveillance suite
D
D
Schedule 7 Section 10
Tourist home
D
D
Schedule 6 Section 17
Village of Barons Land Use Bylaw No. 677
SCHEDULE 2 | 3
The provisions of Schedule 3 (Dimensional Standards and Setbacks) apply to all uses in this section.
The provisions of Schedule 5 (General and Use Specific Standards of Development) apply to the uses in this section.
Use Category Specific Use Type
Land Use Districts
Development Standard
Commercial
R1
R2
CO
IN
PI
UR
Lodging
Hotel/motel
P
Schedule 7
Bed and breakfast
D
D
Schedule 7
Boarding or lodging house
D
D
Schedule 7
Mixed use building
D
D
Schedule 7
Offices
Office
P
D
Schedule 7
Business support service
P
D
Schedule 7
Financial institutions
P
D
Schedule 7
Recreation &
entertainment
Public or private recreation
D
D
Schedule 7
Amusement facility
D
D
Schedule 7
Campgrounds, private
D
D
Schedule 7
Entertainment establishment
D
D
Schedule 7
Retail sales &
service
Convenience store
P
P
Schedule 7
Medical/health facility
D
D
Schedule 7
Personal services
P
D
Schedule 7
Restaurant
P
D
Schedule 7
Retail
P
P
Schedule 7
Farmer's market
D
P
D
Schedule 7
Funeral home
D
D
Schedule 7
Liquor store
D
D
Schedule 7
Service station or Gas Bar
D
D
Schedule 7 Section 11
Garden centre or greenhouse
D
D
Schedule 7
Equipment sales, rental and
D
P
Schedule 7
Construction
Contractor, general
D
P
Schedule 7
Contractor, limited
D
P
Schedule 7
Lumber yard
P
Schedule 7
Auto sales and service
D
D
Schedule 7
Automotive
related
Car wash
D
D
Schedule 7
Auto body and paint shop
D
D
Schedule 7
SCHEDULE 2 | 4
Village of Barons Land Use Bylaw No. 677
The provisions of Schedule 3 (Dimensional Standards and Setbacks) apply to all uses in this section.
Use Category Specific Use Type
Land Use Districts
Development Standard
Industrial
R1
R2
CO
IN
PI
UR
Manufacturing
Light fabrication shops
D
P
Schedule 7
Light industrial
D
P
Schedule 7
Manufacturing and fabrication
D
P
Schedule 7
Warehousing
Bulk Fuel Station
D
Schedule 7 Section 11
Mini storage
D
P
Schedule 7
General warehousing/storage
D
P
Schedule 7
Outdoor storage
D
P
Schedule 7
Truck
Transport
Transportation/delivery service
D
P
Schedule 7
Truck dispatch/depot
D
P
Schedule 7
Truck stop
D
D
Schedule 7
Truck wash
D
D
Schedule 7
Other
Animal care service, Small
P
P
Schedule 7
Animal care service, Large
D
D
Schedule 7
Auctioneering facility
D
D
Schedule 7
Cannabis production facility
D
Schedule 5
Extensive agriculture
D
P
Schedule 7
Grain elevator
D
Schedule 7
Seed cleaning plant
D
Schedule 7
Railway and railway related
D
Schedule 7
Use Category
Specific Use Type
Land Use Districts
Development Standard
Other
R1
R2
CO
IN
PI
UR
Community
Service
Club or fraternal organization
P
P
D
Schedule 7
Community association
D
D
P
Schedule 7
Government services
D
D
P
Schedule 7
Group care facility
D
Schedule 7
Institutional
D
D
P
Schedule 7
Religious assembly
D
D
D
D
P
Schedule 7
Schools / education facilities
D
D
D
P
Schedule 7
Tourist Information
P
P
P
Schedule 6
Child Care
Day home
D
D
D
Schedule 6 and 7
Child care facility
D
D
P
Schedule and 7
Utility
Public or private utility
D
D
D
P
Schedule 7
Waste management site
P
--
Wastewater treatment plant
P
--
Water treatment plant
P
--
Parks and
Open Space
Cemetery and interment
P
--
Golf course
D
--
Campground, public
D
D
--
Parks and playgrounds
D
D
P
--
Village of Barons Land Use Bylaw No. 677
SCHEDULE 2 | 5
SECTION 3
LAND USE DEFINITIONS
A
ACCESSORY BUILDING means any building that is physically separate from the principal building on the
lot on which both are located and which is subordinate and incidental to that of the principal building.
The use is subordinate and incidental to that of the principal use of the site on which it is located and
examples of a typical accessory building is a private garage or shed. No accessory building shall be used
for human habitation.
ACCESSORY STRUCTURE means a structure that is detached from the principal building. It is ancillary,
incidental, and subordinate to the principal building or use. Typical accessory structures include
flagpoles, swimming pools, storage tanks and satellite dishes. When a structure is attached to the
principal building by a roof, a floor, a wall, or a foundation, either above or below grade, it is considered
part of the principal building. No accessory structure shall be used for human habitation.
ACCESSORY USE means a use or development customarily incidental and subordinate to the principal
use or building and is located on the same parcel as such principal use or building. A principal use must
be legally established or approved before an accessory use can be approved.
ADULT ESTABLISHMENT means commercial establishments in which a significant portion of the
business is to:
(a) display, sell, have in their possession for sale, offer for view, publish, disseminate, give, lease,
or otherwise deal in any written or printed matter, pictures, films, sound recordings, machines,
mechanical devices, models, facsimiles, or other material and paraphernalia depicting sexual
conduct or nudity and which exclude minors by reason of age; and/or
(b) which display for viewing any film or pictures depicting sexual conduct or nudity and which
exclude minors by reason of age; and/or
(c) in which any person appears or performs in a manner depicting sexual conduct or involving
nudity and from which minors are excluded by reason of age.
ALTERNATIVE ENERGY, INDIVIDUAL means energy that is renewable or sustainable that is generally
derived from natural sources (for example, the earth, sun, wind, water) and is for the sole consumption
of the landowner, resident or occupant.
AMMONIA STORAGE means a building and/or containment facility used for the safe storage of
ammonia and ammonia products normally associated with use for agricultural purposes.
AMUSEMENT FACILITY means development for amusement pastimes, and may incorporate eating
facilities as an accessory use. Such uses may include but are not limited to, amusement arcades, billiard
parlours, bingo halls, bowling alleys and indoor mini-golf.
ANIMAL CARE SERVICE, LARGE means any establishment maintained and operated by a licensed
veterinarian for the on-site or off-site treatment of animals. The development may also be used for on-
site boarding, breeding or training of animals and livestock. The facility may also include outside
buildings and pens associated with the service and the supplementary sale of associated animal care
products. Typically, this use will include veterinary offices or hospitals, animal shelters, and facilities for
impounding and quarantining animals.
SCHEDULE 2 | 6
Village of Barons Land Use Bylaw No. 677
ANIMAL CARE SERVICE, SMALL means development for the on-site treatment and/or grooming of small
animals such as household pets, where on-site accommodation may be provided and where all care and
confinement facilities are enclosed within one particular building. This use may also include the
supplementary sale of associated animal products. Typically, this use will include pet grooming salons,
pet clinics and veterinary offices.
APARTMENT BUILDING means a structure with several self-contained dwelling units (see definition of
dwelling unit), each of which occupies a portion of the same building. Such a building will typically
consist of five (5) or more apartments for rent include an area for tenant and visitor parking and have a
common entrance.
ASSISTED LIVING means a special combination of housing, supportive services, personalized assistance,
and health care designed to respond to the individual needs of those who need help with activities of
daily living. The facility may include a central or private kitchen, dining, recreational, and other facilities,
with separate dwelling units or living quarters, where the emphasis of the facility remains residential.
AUTO BODY AND PAINT SHOP means a building where motor vehicles are repaired and also where
motor vehicle bodies and parts, and other metal machines, components, or objects may be painted.
Painting of this type shall not be done outdoors, but must be set up in a properly ventilated building.
This use may also include an outdoor storage area and an office component.
AUTO SALES AND SERVICE means the retail sale, lease, or rental of new or used automobiles and/or
recreational vehicles and/or a facility for the repair and servicing of automobiles and/or recreational
vehicles, including but not limited to, mufflers, oil changes, transmissions, engine replacement, glass
repair, auto detailing. Such facilities do not include the sale of gas but may include towing services as an
accessory use.
AUCTIONEERING FACILITY means any facility where animals or goods are regularly bought, sold, or
traded to the highest bidder. The facility may also include holding pens and viewing areas, transport
facilities, spectator seating, and administrative offices. This definition does not apply to individual sales
of animals or goods by private owners.
AUTO WRECKAGE AND SALVAGE YARD means a facility or operation specifically intended for the
dismantling of automotive vehicles and the sale of those parts to the general public. Such a facility may
include an administrative office, work areas, and outdoor storage. The parcel of land on which the
facility exists must be completely fenced according to Village standards.
B
BED AND BREAKFAST means an accessory use carried out in an owner-occupied dwelling where
temporary accommodation is provided to non-residents of the dwelling for remuneration, and where
meals, if provided for guests, are prepared in the common kitchen of the principal residence.
BOARDING OR LODGING HOUSE means a private dwelling in which lodgers rent room(s) for one night
or even more extended periods of weeks or months. The common parts of the house, such as
bathroom(s), kitchen, and living areas, are maintained by the private owner. Meals, laundry or cleaning
may be provided as part of the lodging agreement.
BUILDING AND TRADE CONTRACTORS means a facility for the provision of electrical, plumbing, heating,
painting and similar contractor services primarily to individual households and the accessory sale of
Village of Barons Land Use Bylaw No. 677
SCHEDULE 2 | 7
goods normally associated with such contractor services where all materials are kept within an enclosed
building, and where there are no associated manufacturing activities.
BULK FUEL STATION means a use of land or buildings for storing and distributing petroleum products in
bulk quantities. This use includes supplementary tanker vehicle storage and card lock or key lock fuel
distribution facilities.
BUSINESS means a commercial, merchandising, or industrial activity or undertaking, a profession, trade,
occupation, calling or employment or an activity providing goods or services, whether or not for profit
and however organized or formed, including a cooperative or association of persons.
BUSINESS SUPPORT SERVICE means an establishment primarily engaged in providing services for other
business establishments such as advertising, copying, equipment, financial services, employment
services, and other similar services.
C
CAMPGROUND means a use of land or buildings intended for seasonal occupancy by holiday or tent
trailers, recreation vehicles, tents and similar equipment and which may include supplementary
bathroom and recreational facilities, eating shelters, convenience retail, laundry facilities and dwelling
accommodations for the operator.
CANNABIS means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis plant seeds
and any other substance defined as cannabis in the Cannabis Act (Canada) and its regulations, as
amended from time to time and includes edible products that contain cannabis.
CANNABIS ACCESSORY means cannabis accessory as defined in the Cannabis Act (Canada) and its
regulations, as amended from time to time.
CANNABIS PRODUCTION FACILITY means a building or use where federally approved medical or non-
medical (recreational) cannabis plants are grown, processed, packaged, tested, destroyed, stored or
loaded for shipping, and that meets all federal or provincial requirements and that meets all
requirements of this bylaw, as amended from time to time.
CAR WASH means the use of a structure or area providing for the cleaning of motor vehicles but does
not include SERVICE STATIONS/ GAS BARS.
CARPORT means a partially enclosed structure intended for the shelter of one of more motor vehicles
with at least 40 percent of the total perimeter open and unobstructed.
CEMETERY AND INTERNMENT SERVICES means a development for the entombment of the deceased
and may include such facilities as crematories, cinerarium, columbarium, mausoleums, memorial parks,
burial grounds, cemeteries and gardens of remembrance.
CHILD CARE FACILITY means a building or portion thereof used for the provision of care, maintenance
and supervision of seven (7) or more children, by persons unrelated to the children by blood or
marriage, for periods not exceeding 24 consecutive hours and includes all child-care centres, day cares,
nurseries and after-school or baby-sitting programs which meet the conditions of this definition. Group
homes and day homes are separate uses.
SCHEDULE 2 | 8
Village of Barons Land Use Bylaw No. 677
CHURCH means a building or facility whose primary purpose is to facilitate meetings of a group of
people for public worship or religious services. See RELIGIOUS ASSEMBLY.
CLUB OR FRATERNAL ORGANIZATION means a development for the assembly of members of non-profit
clubs or organizations, including charitable, social service, ethnic, athletic, business or fraternal
organizations. This use may include eating, drinking, entertainment, sports, recreation and amusement
facilities as accessory uses but "Campground" is a separate use.
COMMUNITY ASSOCIATION BUILDING or COMMUNITY HALL means a facility or building whose primary
purpose is to accommodate use by community group(s). The structure may include such features as
meeting rooms, kitchen, stage and open floor area, bar/liquor area, multi-purpose rooms, washrooms,
coat room, storage room(s) and administrative offices. Exterior uses may include parking, playground
areas, outdoor shelters, and sitting areas.
CONTRACTOR, GENERAL means development used for industrial service support and construction.
Typical uses include cleaning and maintenance contractors, building construction, landscaping, concrete,
electrical, excavation, drilling heating, plumbing, paving, road construction, sewer or similar services of a
construction nature which require on-site storage space for materials, construction equipment or
vehicles normally associated with the contractor service. Any sales, display, office or technical support
service areas shall be accessory to the principal general contractor use.
CONTRACTOR, LIMITED means a development used for the provision of electrical, plumbing, heating,
painting, catering and similar contractor services primarily to individual household and the accessory
sales of goods normally associated with the contractor services where all material are kept within an
enclosed building, and there are no accessory manufacture activities or fleet storage of more than four
vehicles.
CONVENIENCE STORE means a retail store that sells a limited line of groceries and household goods for
the convenience of the neighbourhood.
D
DAY HOME means a private residence where care, development and supervision are provided for a
maximum of six children between the ages of 0-12 years, by persons unrelated to the children by blood
or marriage, including children under the age of 12 who reside in the home, for periods not exceeding
24 consecutive hours.
DECK means an accessory structure consisting of a paved, wooden, or other hard-surfaced area
generally adjoining a principal building intended for outdoor living space that is 0.6 m (2 feet) or greater
above grade.
DETACHED GARAGE means an accessory building designed and use primarily for the storage of motor
vehicles that is not attached or is separate from the principal building.
DRIVE-IN/DRIVE-THROUGH RESTAURANT means an establishment where food is prepared and served
on the premise for sale to the public and includes car attendant and/or drive-through, pick-up service.
See RESTAURANT.
Village of Barons Land Use Bylaw No. 677
SCHEDULE 2 | 9
DWELLING means a building or portion thereof designed for human habitation and which is intended to
be used as a residence for one or more individuals but does not include travel trailers, motor homes,
recreational vehicles, or other mobile living units, hotel, motel, dormitory, boarding house, or other
similar accommodation. Dwelling includes the following:
Single-unit dwelling means a residential building containing only one dwelling unit which is to be
constructed on site and is to be placed on a basement or permanent slab foundation.
2 unit dwelling means a residential building that contains two separate dwelling units connected
either by a common floor/ceiling, or by a common wall (party wall) between units.
3 unit dwelling means a residential building comprised of three dwelling units, each unit having a
separate, direct entrance from grade or a landscaped area. Each dwelling unit will be connected
either by a common floor/ceiling, or by a common wall (party wall) between units.
4 unit dwelling means a residential building comprised of four dwelling units, each unit having a
separate, direct entrance from grade or a landscaped area. Each dwelling unit will be connected
either by a common floor/ceiling, or by a common wall (party wall) between units.
Row dwelling means development consisting of a building containing a row of three or more
dwelling units each sharing a common wall extending from the first floor to the roof, at the side
only with no dwelling being place over another in whole or in part. Each dwelling unit shall have
separate, individual, and direct access to the building at grade.
E
EATING ESTABLISHMENT means an establishment where food is prepared and served on the premises
for sale to the public and may include supplementary on or off-premises catering services. This term
includes restaurants, cafes, lunch and tea rooms, ice cream parlours, banquet facilities, take-out
restaurants and other uses similar in character and nature. See RESTURANT.
EDUCATIONAL FACILITY means a place of instruction offering continuing education or specialized
courses of study. Included in the category may be public, private, and commercial institutions.
ENTERTAINMENT ESTABLISHMENT means an establishment such as a theatre, auditorium, lounge or
cabaret providing dramatic, musical or other entertainment indoors or outdoors and may include
facilities for supplementary food and beverage consumption.
EQUIPMENT SALES, RENTAL AND SERVICE means the use of land or buildings for the retail sale,
wholesale distribution, rental and/or service of: hand tools, small construction, farming, gardening and
automotive equipment, small machinery parts and office machinery and equipment.
EXTENSIVE AGRICULTURE means the production of crops or livestock or both by expansive cultivation or
open grazing only. Barns, quonsets and other similar buildings associated with extensive agriculture are
classified as accessory structures. This use does not include agricultural-related industry buildings or
uses such as packaging plants, processing plants, agricultural support services or any other similar uses
or structures.
SCHEDULE 2 | 10
Village of Barons Land Use Bylaw No. 677
F
FARMER'S MARKET means the use of land or buildings where fresh farm or garden produce is sold in
retail or wholesale setting and where goods are typically displayed in bulk bins or stalls for customer
selection. This use includes vendors of fruit, vegetables, meat products, baked goods, dry goods, spices
and non-food products such as handicrafts, provided that the sale of fresh food products remains the
primary function.
FENCE means an accessory structure usually made of wood, rails, bricks or wire intended to mark parcel
boundaries and provide yard privacy.
FINANCIAL INSTITUTION means a development or use primarily for providing the service of banking or
lending money, such as a bank, savings and loan institution, or credit union.
FITNESS FACILITY means a development where space, equipment or instruction is provided for people
to pursue physical fitness or skills relating to physical activities and may include the incidental sale of
products relating to the service provided.
FUNERAL HOME means a development used for the arrangement of funerals, the preparation of the
deceased for burial or cremation, and the holding of funeral services.
G
GARAGE means an accessory private building or part of the principal building, designed and used
primarily for the storage of motor vehicles.
GARDEN CENTRE OR GREENHOUSE means a building specially designed and used for the commercial
growing of vegetables, flowers or other plants for transplanting or sale. The use may include accessory
retail uses on the premises.
GARDEN SHED means an accessory structure to store household and garden equipment and supplies
that is not more than 100 ft2 in size.
GENERAL STORE means a retail establishment which deals primarily with the display and sale of food
and other household goods required by residents of the immediate vicinity to meet their day-to-day
household needs.
GENERAL WAREHOUSING AND STORAGE means a building used for the storage of goods and
merchandise. The building may include administrative offices, loading areas, parking areas, storage
rooms and the retail sale of goods stored in the warehouse. No outside storage is permitted with this
use.
GOLF COURSE means an outdoor use/establishment of varying size where the land is developed
primarily to accommodate the game of golf. Accessory uses include a pro shop, driving range and/or
proactive facility, food service, and other commercial uses typically associated with a golf course
clubhouse facility.
GOVERNMENT SERVICES means development providing municipal, provincial, or federal government
services directly to the public or the community at large, and includes development required for the
public protection of persons or property.
Village of Barons Land Use Bylaw No. 677
SCHEDULE 2 | 11
GRAIN ELEVATOR/SEED CLEANING means a facility for the collection, grading, sorting, storage, and
transshipment of grains. This definition also includes 'inland grain terminals'.
GROUP CARE FACILITY means a development which provides residential accommodation and
rehabilitative services to persons who are handicapped, disabled or undergoing rehabilitation and are
provided care to meet their needs. Persons are typically referred to a group care facility by hospitals,
courts, government agencies or recognized social service agencies or health professionals but may also
voluntarily request care. This use includes supervised uses such as group homes, half-way houses, and
convalescent homes. This use does not include senior housing or assisted living which are separate uses
in this bylaw.
H
HOLIDAY TRAILER - see RECREATIONAL VEHICLE
HOME OCCUPATION means an occupation, trade, profession or craft carried on by an occupant of a
dwelling unit as a use secondary to the residential use of the lot, and which does not change the
character thereof or have any exterior evidence of such secondary use.
HOTEL means the use of a building for sleeping accommodations provided for a fee on a daily basis,
accessible only through a central lobby with onsite parking; the building may also contain accessory
commercial, and food and beverage service uses.
I
INSTITUTIONAL means a use by or for an organization or society for public or social purposes and,
without restricting the generality of the term.
K
KENNEL means a commercial operation means a facility where dogs or cats or other domestic pets are
maintained, boarded, bred, trained or cared for or kept for the purposes of sale but excludes an Animal
Care Service.
L
LIGHT FABRICATION SHOPS means the assembly of metal parts, including blacksmith and welding
shops, sheet metal shops, machine shops, and boiler shops, that produce metal duct work, tanks,
towers, cabinets and enclosures, metal doors and gates, and similar products.
LIGHT INDUSTRIAL means development used for processing, assembly, production or packaging of
goods or products, as well as administrative offices and warehousing and wholesale distribution uses
which are accessory uses to the above, provided that the use does not generate any detrimental impact,
potential health or safety hazard or any nuisance beyond the boundaries of the developed portion of
the site or lot upon which it is situated.
SCHEDULE 2 | 12
Village of Barons Land Use Bylaw No. 677
LIQUOR STORE means a retail establishment licensed under provincial authority for the sale of any or all
of beer, wine, or spirits for consumption off premises. Full walls must physically separate the premises
from any other business.
LUMBER YARD means a commercial operation where lumber, building materials and supplies, and other
building-related goods are stored, displayed and sold.
M
MACHINERY AND EQUIPMENT SALES, RENTAL, AND SERVICE means a commercial operation where the
land and buildings are used for the sale, service and rental of machinery, vehicles and heavy machinery
used in the operation, construction or maintenance of buildings, roadways, pipelines, oil fields, mining
or forestry operations, and in freight hauling operations. Cleaning, repairing and sale of parts and
accessories may be allowed as part of the principal use. Such a facility may include an administrative
office, ancillary structures, outdoor work areas, parking, and outdoor storage areas.
MANUFACTURED HOME means a completely self-contained dwelling unit, designed and constructed
entirely within a factory setting. Typically it is transported to a site in not more than one piece on its
own chassis and wheel system or on a flatbed truck. For the purposes of this bylaw, a manufactured
home does not include a "modular home" or "ready-to-move home".
MANUFACTURED HOME COMMUNITY means a comprehensively planned residential development
intended for the placement of manufactured homes on sites or pads. Such a community may also
include amenity areas or facilities for the use of the community's residents.
MANUFACTURING AND FABRICATION means a commercial operation where the land and buildings are
used for the manufacture or fabrication of products or parts, and also the retail sale of such products or
parts to the general public. Such a facility may include an administrative office, ancillary structures,
outdoor work areas, parking, and outdoor storage areas.
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.
MEDICAL/HEALTH FACILITY means a facility for the provision of human health services without
overnight accommodation for patients and may include associated office space. Typical uses include
physiotherapy, registered massage therapy, doctor, dentist, optometrist, and chiropractic offices.
MINI STORAGE means the use of land with compartmentalized buildings or a designated site set up for
the storage of equipment, household or business materials, or vehicles, but excludes storage of
hazardous goods or materials. Accessory to this use is the exterior screened storage of recreational
vehicles, boats, trailers and similar items.
MIXED USE BUILDING means a building used partly for residential and partly for commercial use.
MOBILE HOME - see MANUFACTURED HOME
MODULAR means a prefabricated dwelling unit consisting of components substantially assembled in a
manufacturing plant and transported to the building site for final assembly on a permanent foundation.
See PREFABRICATED DWELLING.
Village of Barons Land Use Bylaw No. 677
SCHEDULE 2 | 13
MOTEL means a building or group of buildings on a site designed and operated to provide temporary
accommodation for transient motorists and contains separate sleeping units, each of which is provided
with an adjoining conveniently located parking stall. The building may also include accessory eating and
drinking establishments and personal service shops.
MOVED-IN BUILDING means a previously used or existing, established and working building, which is
removed from a site, and then transported and re-established on another site.
MOVED-IN DWELLING means a previously existing, established and occupied dwelling, which is removed
from one site and then transported and re-established on another site. For the purposes of this bylaw, a
moved-in building does not include a "manufactured home", "modular home", "ready-to-move home",
motor home, travel trailer, recreation vehicle and any similar vehicles that are neither intended for
permanent residential habitation nor subject to the current provincial building requirements.
MUSEUM means a building or site used for the preservation, collection, restoration, display and/or
demonstration of articles of historical significance and may include archival records of a geographic area
or of a time period. See Institutional.
O
OFFICE means development primarily for the provision of professional, management, administrative,
consulting, or financial services in an office setting. Typical uses include but are not limited to the offices
of lawyers, accountants, travel agents, real estate and insurance firms, planners, clerical and secretarial
agencies. This excludes government services, the servicing and repair of goods, the sale of goods to the
customer on the site, and the manufacturing or handling of a product.
OUTDOOR STORAGE means the use of land with or without attendant buildings for the open, outdoor
storage of equipment, materials or vehicles, or processed or unprocessed resources or materials. For
the purposes of this bylaw, this definition is limited to those uses that require minimal on-site
improvements, service and public amenities or facilities and does not include those goods or materials
which are hazardous.
P
PANELIZED DWELLING means a prefabricated dwelling unit consisting of factory built wall panels which
are assembled on site. All service systems and connections must comply with Alberta Safety Codes. See
PREFABRICATED DWELLING.
PARK MODEL TRAILER means a recreational vehicle that is either:
(a) built on a single chassis mounted on wheels designed for infrequent towing by a heavy-duty
tow vehicle but is restricted in size and weight so that it does not require a special highway
movement permit and conforms to the CSA-Z-240 standard for recreational vehicles; or
(b) a recreational vehicle intended for temporary residence or seasonal use built on a single
chassis mounted on wheels, which may be removed and returned to the factory, requiring a
special tow vehicle and highway permit to move on the road and conforms to the CSA Z-241
standard for recreational vehicles.
SCHEDULE 2 | 14
Village of Barons Land Use Bylaw No. 677
PARKS AND PLAYGROUNDS means land developed for public recreational activities that do not require
major buildings or facilities, and includes picnic areas, playgrounds, pedestrian and bicycle paths,
landscaped areas and associated public washrooms. This may include public open space, which is not in
private ownership and is open to use by the public.
PATIO means an outdoor area of a lot developed and used for leisure and/or recreation purposes.
PERSONAL SERVICES means uses that provide personal services to an individual that are related to the
care and appearance of the body or the cleaning and repair of personal effects. Typical uses include but
are not limited to barber shops, beauty salons, hairdressers, manicurists, aestheticians, fitness facility,
tailors, dress makers, shoe repair shops, dry cleaning establishments, and laundries but does not include
health services.
PORCH means a covered, open accessory structure (unenclosed) that is attached to the exterior of a
building, often forming a covered entrance to a doorway. The structure does not have solid walls, but
may be screened.
PREFABRICATED DWELLING means a dwelling unit or portions of a dwelling unit that is built in a factory
or portions of dwelling units that are built in a factory or location other than on the lot intended for
occupancy and includes modular, ready-to-move and panelized dwellings. The dwelling is factory built
structure that is manufactured in accordance with CSA and the Alberta Building Code, is transportable in
one or more sections, and is used as a place for human habitation; but which is not constructed with a
permanent hitch, chassis or other device allowing transport of the unit other than for the purpose of
delivery to a permanent site. This definition does not include manufactured homes, park model
recreational units, park model trailers or travel trailers.
PUBLIC OR PRIVATE UTILITY means any one or more of the following:
(a) systems for the distribution of gas, whether artificial or natural;
(b) facilities for the storage, transmission, treatment, distribution or supply of water;
(c) facilities for the collection, treatment, movement or disposal of sanitary sewage;
(d) storm sewage drainage facilities;
(e) telecommunications systems;
(f)
systems for the distribution of artificial light or electric power;
(g) facilities used for the storage of telephone, cable, remote weather stations or internet
infrastructure;
(h) any other things prescribed by the Lieutenant Governor in Council by regulation.
Q
QUONSET means an accessory building made from metal having a semicircular roof and/or cross section
and end walls.
Village of Barons Land Use Bylaw No. 677
SCHEDULE 2 | 15
R
RAILWAY AND RAILWAY RELATED USES means a railway line and any use connected with the direct
operation or maintenance of a railway system and also includes any loading or unloading facilities, but
excludes feed mills/grain elevators or bulk oil depots which are separate uses.
READY-TO-MOVE (RTM) DWELLING means a dwelling unit that would normally be constructed on the
site intended for occupancy, but for various reasons, is constructed at an off-site manufacturing facility,
construction site, plant site or building yard. It is then loaded and transported as one unit onto the
proper moving equipment and delivered to the site intended for occupancy and placed on a concrete
slab or basement or other approved foundation.
RECREATION, PRIVATE means sports or recreational or retreat activities, use, facilities including
associated eating and retail areas, provided by commercial for-profit and non-profit businesses where
the public is admitted for a fee or where admission is limited to members of an organization or limited
group. Such uses include, but are not limited to, gymnasiums, athletic/sport fields, shooting ranges,
paint-ball, go-cart tracks, golf courses and ranges, outdoor min-golf, recreation centres, indoor/outdoor
ice rinks, campgrounds retreats and country clubs.
RECREATION, PUBLIC means sports or recreational or retreat activities, uses or facilities, including
associated eating and retail areas, for public use which are public-owned or operated (i.e. municipal,
provincial, or federal including local boards, agencies or commissions of the Village). Such uses include,
but are not limited to, gymnasiums, athletic/sports fields shooting ranges, paint-ball, go-cart tracks, golf
courses and ranges, outdoor min-golf, recreation centres indoor/outdoor ice rinks, campground,
retreats, and country clubs.
RECREATIONAL VEHICLE / HOLIDAY TRAILER means a transportable living unit, designed to be moved
on its own wheels or by other means (including units permanently mounted on trucks), designed or
constructed to be used for sleeping or living purposes on a short-term, temporary basis. Such living
units are subject to highway safety standards rather than housing standards. Typical units include, but
are not limited to motor homes, a campers, holiday trailers, travel trailers, fifth wheel trailers, tent
trailers and park model trailers. These units are not permitted as either temporary or permanent
dwellings.
RECREATIONAL VEHICLE STORAGE - see OUTDOOR STORAGE
RECYCLING FACILITY means a development for the purchasing, receiving and/or temporary storage of
discarded articles, provided that the use does not generate a detrimental effect or nuisance beyond the
parcel or lot upon which it is situated. This use may involve supplementary production of by-products or
materials and includes bottle, can, and paper recycling depots.
RELIGIOUS ASSEMBLY means a use or development used for public meetings, worship and related
religious or social activities, and includes accessory rectories, manses, meeting rooms and classrooms.
Typical uses would include community or civic halls/clubs, churches, chapels, temples, mosques,
synagogues, parish halls and convents.
RESTAURANT means a commercial development where food and beverages are prepared and served.
The development may include supplementary alcoholic beverage service and catering services. This
term will include restaurants, cafes, diners, lunch and tea rooms, ice cream parlors, banquet facilities,
take-out restaurants and such other uses as the Municipal Planning Commission considers similar in
character and nature to any one of these uses.
SCHEDULE 2 | 16
Village of Barons Land Use Bylaw No. 677
RETAIL means a commercial premise where goods, merchandise, substances, articles, and other
materials, are offered for sale to the general public and includes limited on-site storage or limited
seasonal outdoor sales to support that store's operations. Typical uses include but are not limited to
grocery, bakery, hardware, pharmaceutical, postal outlet, appliance, clothing, and sporting goods stores.
These uses exclude warehouse sales and the sale of gasoline, heavy agricultural and industrial
equipment, alcoholic beverages, or retail stores requiring outdoor storage.
RETAIL CANNABIS STORE means the use of a store, premises or a building for a commercial retail
cannabis business, licensed by the Province of Alberta, where legal non-medical cannabis and cannabis
accessories are sold to individuals who attend at the premises and the product sales or associated sales
are expressly authorized by the Alberta Gaming and Liquor Commission (AGLC).
S
SANDBLASTING FACILITIES means a business where the major source of activity involves the large scale
sandblasting of agricultural, industrial or other equipment/items. Sandblasting facilities may also
include welding and painting facilities on-site.
SCHOOL means a place of instruction offering courses of study. Included in the category are public,
private, and separate schools.
SECONDARY SUITE means a facility containing cooking facilities, food preparation area, sleeping and
sanitary facilities, which is physically separate from those of the principal dwelling within the structure.
A secondary suite shall also have an entrance separate from the entrance to the principal dwelling,
either from a common indoor landing or directly from the side or rear of the structure.
SENIOR CITIZENS HOUSING means a dwelling unit or accommodation sponsored and administered by
any public agency or any non-profit organization, either of which obtains its financial assistance from
Federal, Provincial, or Municipal Governments or agencies or public subscriptions or donation or any
combinations thereof. Senior citizen accommodation may include lounge, dining, health care, and
recreation facilities. Also see ASSISTED LIVING.
SERVICE STATION or GAS BAR means any lot or building used for the retail sale of motor accessories,
gasoline or other fuels and the supply of washing, greasing, cleaning and minor repair services for motor
vehicles.
SHIPPING CONTAINER means any container that is or was used for transport of goods by means of rail,
truck or by sea. These are generally referred to as a C-Container, sea cargo container, sea can or cargo
container. Such containers are typically rectangular in shape and are generally made of metal. For the
purposes of this bylaw, when such a container is used for any purpose other than transporting freight, it
will be considered as a structure, must conform to these regulations and may require a permit.
SHOW HOME means a finished dwelling unit which has been staged with appliances, furniture, and
decorations for the viewing public as a sales tool. A show home may or may not contain a sales office
for the development.
SIGN means any object, structure, fixture, placard, device and components, or portion thereof, which is
used to advertise, identify, communicate, display, direct or attract attention to an object, matter, thing,
person, institution, organization, business, product, service, event or location by any means. Refer to
Schedule 8 for more sign definitions.
Village of Barons Land Use Bylaw No. 677
SCHEDULE 2 | 17
SMALL WIND ENERGY CONVERSION SYSTEM (SWECS) means a development that generates electricity
from a wind turbine, either building or tower mounted, including associated control and conversion
electronics and tower guy wires, which has a limited generation capacity to be used primarily for the
applicants own use. See ALTERNATIVE ENERGY.
SURVEILLANCE SUITE means a dwelling unit or sleeping unit, not exceeding 46.5 m2 (500 ft2) in size, that
is developed in conjunction with a principal use so that the dwelling is a supplementary use to the
principal use, and which is used solely to accommodate a person or persons, whose function is to
provide surveillance, maintenance and/or security.
T
TELECOMMUNICATION ANTENNA means a structure and any associated system, including all masts,
towers and other antenna supporting structures that is used for the transmission, emission or reception
of television, radio or telecommunications.
TOURIST HOME means a dwelling unit that is managed, advertised and leased by an individual or
professional property manager, who uses a system of reservations, deposits and confirmations, collects
G.S.T., and accepts credit cards. The accommodation unit is not leased for more than 28 days at a time.
TOURIST INFORMATION means a development intended to provide information to the travelling public
and may include washroom and picnic facilities and accessory retail sales.
TRANSPORTATION/DELIVERY SERVICE means development involving the use of one or more vehicles to
transport people, mail, currency, documents, packages and articles for compensation such as a mobile
catering service, the rental or lease of vans and trucks, taxi service, limousine or bus service and may
include limited storage and repair of the vehicles used. This use does not include towing operations.
TRANSPORTATION DISPATCH/DEPOT means a facility for the purpose of storing and/or dispatching
trucks, buses, fleet vehicles, and transport vehicles and may include towing operations. The use may
also involve the transfer of goods primarily involving the loading and unloading of freight-carrying
trucks.
TRAVEL TRAILER - see RECREATIONAL VEHICLE
TRUCK STOP means a building, premise or land in which or upon which a business, service or industry
involved in the maintenance, servicing, storage or report of commercial vehicles is conducted or
rendered including the dispensing of fuel products, the sale of accessories and/or equipment for trucks
and similar commercial vehicles. A truck stop may also include convenience stores and restaurant
facilities, and may include overnight accommodation facilities solely for the use of truck crews.
TRUCK WASH means a commercial vehicle washing facility associated with large vehicles such as tractor
trailers.
U
USE means the purposes for which land or a building is arranged or intended, or for which either land, a
building or a structure is, or may be, occupied and maintained.
SCHEDULE 2 | 18
Village of Barons Land Use Bylaw No. 677
UTILITIES - see PUBLIC OR PRIVATE UTILITY
V
VETERINARY CLINIC - see ANIMAL CARE SERVICE
W
WAREHOUSE means a facility for the storage of goods, materials or equipment for use by a company.
WASTE MANAGEMENT SITES means a development for the receiving of spent materials. This use
includes a dry waste site, a hazardous waste management facility and a waste sorting station. This use
does not include a RECYCLING FACILITY.
WASTE MANAGEMENT TRANSFER STATION means a facility for the collection and temporary holding of
solid waste in a transferable storage container.
WASTEWATER TREATMENT PLANT has the same meaning as referred to in the Subdivision and
Development Regulation and as in the Environmental Protection and Enhancement Act. This definition
also includes a wastewater treatment stabilization plant.
WATER TREATMENT PLANT means a facility that treats raw water so that it is safe for human
consumption and then distributes it for human use.
All other words and expressions not otherwise defined in this Land Use Bylaw
have the meaning assigned to them in the MGA.
Schedule 3
DIMENSIONAL STANDARDS AND SETBACKS
Village of Barons Land Use Bylaw No. 677
SCHEDULE 3 | 1
Schedule 3
DIMENSIONAL STANDARDS AND SETBACKS
SECTION 1
DIMENSIONAL STANDARDS AND MINUMUM SETBACKS
1.1
Tables 3.2.1, 3.3.1 and 3.4.1 list the dimensional standards and setback requirements
that apply to specific uses within each of the land use districts.
SECTION 2
MINIMUM LOT SIZE
2.1
The following definitions apply:
(a) LOT in accordance with the MGA, means:
(i)
a quarter section;
(ii) a river lot shown on an official plan, as defined in the Surveys Act, that is filed
or lodged in a land titles office;
(iii) a settlement lot shown on an official plan as defined in the Surveys Act, that is
filed or lodged in a land titles office;
(iv) a part of a parcel where the boundaries of the parcel are separately described
in the certificate of title other than by reference to a legal subdivision;
(v) a part of a parcel of land described in a certificate of title if the boundaries of
the part are described in a certificate of title by reference to a plan of
subdivision.
(vi) Where a certificate of title contains one or more lots described in a plan of
subdivision that was registered in a land titles office before July 1, 1950, lot
means parcel.
(b) LOT WIDTH means the horizontal distance between the side lot lines measured at a
point perpendicular to the front property line.
(c) LOT LENGTH means the horizontal distance between the front and the rear lot lines
measure along the median between the side lot lines
(d) LOT AREA means the total area of a lot.
(e) CORNER LOT means a lot located at the intersection of two or more streets.
(f)
INTERIOR LOT means a lot situated between two lots or another lot and a lane and
having access to not more than one street.
(e) LOT FRONTAGE means the front lot line or that side of a lot abutting a public
roadway, but does not include any side abutting a lane, unless said lane is the only
means of physical access to a lot.
(g) LOT LINE means a legally defined boundary of any lot. The term property line and
boundary line have the corresponding meaning.
SCHEDULE 3 | 2
Village of Barons Land Use Bylaw No. 677
Minimum Dimensions Table
2.2
The table lists the dimensional requirements that apply to specific uses within each of
the land use districts.
Table 3.2.1: Minimum Lot Size
Land Use
Districts
Specific Use
Minimum Lot Size
Width
Length
Area
R1
m
ft
m
ft
m2
ft2
Single unit, dwelling(a)
15.2
50
35.1
115
534.2
5,750
2 unit
22.9
75
35.1
115
801.3
8,625
3-unit & 4-unit
30.5
100
35.1
115
1068.4
11,500
Row (interior unit)
7.0
23
35.1
115
245.7
2,645
(end unit)
12.2
40
35.1
115
427.3
4,600
Apartment
As required by the MPC
Manufactured home community
20,235
217,815
Senior citizen housing
As required by the MPC
Accessory or moved-in building
Same as principal use
All other uses
As required by the MPC
R2
Single-unit, dwelling(a)
15.2
50
35.1
115
534.2
5,750
Manufactured home
15.2
50
35.1
115
534.2
5,750
Manufactured home community
20,235
217,815
Moved-in dwelling
15.2
50
35.1
115
534.2
5,750
Accessory or moved-in building
Same as principal use
All other uses
As required by the MPC
CO
All uses
7.6
25
35.1
115
267.1
2,875
IN
All uses
30.5
100
35.1
115
1068.4
11,500
PI
All uses
As required by the Development Authority
UR
Single unit, dwelling(a)
15.2
50
35.1
115
534.2
5,750
Accessory or Moved-in building
Same as principal use
All other uses
As required by the MPC
(a)
For the purpose of this table, Single unit, dwelling include:
Stick built dwelling
Prefabricated dwelling
Manufactured home
Moved-in dwelling
Boarding or lodging house
2.3
The Development Authority may approve a development on an existing registered lot
the minimum dimensions or area of which are less than those specified in 2.1 provided
that the minimum area allowed is not less than 232.3 m2 (2,500 ft2).
Village of Barons Land Use Bylaw No. 677
SCHEDULE 3 | 3
SECTION 3
MINIMUM SETBACKS
Minimum Setbacks Table
3.1
The table lists the setback requirements that apply to specific uses within each of the
land use districts.
Table 3.3.1: Minimum Setbacks
Land Use
Districts
Specific Use
Minimum Setbacks
Front
Secondary Front
Side
Rear
R1
m
ft
m
ft
m
ft
m
ft
Single unit, dwelling(a)
7.6
25
3.8
12.5
1.5
5
7.6
25
2 unit
7.6
25
3.8
12.5
3.0
10
7.6
25
3-unit & 4-unit
7.6
25
3.8
12.5
3.0
10
7.6
25
Row (interior unit)
7.6
25
common wall
common wall
7.6
25
(end unit)
7.6
25
3.8
12.5
3.0
10
7.6
25
Apartment
7.6
25
3.8
12.5
3.0
10
7.6
25
Senior citizen housing
7.6
25
3.8
12.5
3.0
10
7.6
25
Accessory building
7.6
25
3.8
12.5
1.5
5
1.5
5
All other uses
As required by the MPC
R2
Single unit, dwelling(a)
7.6
25
3.8
12.5
1.5
5
7.6
25
Accessory building
7.6
25
3.8
12.5
1.5
5
1.5
5
All other uses
As required by the MPC
CO
All uses
0
0
0
0
0
0
7.6
25
Where adjacent to
R1,R2,P
0
0
0
0
6.1
20
7.6
25
IN
All uses
7.6
25
7.6
25
3.0
10
7.6
25
Where adjacent to
R1,R2,PL
7.6
25
7.6
25
6.1
20
7.6
25
PI
All uses
7.6
25
3.8
12.5
3.0
10
7.6
25
UR
Single unit, dwelling(a)
7.6
25
3.8
12.5
1.5
5
7.6
25
Accessory building
7.6
25
3.8
12.5
1.5
5
1.5
5
All other uses
As required by the MPC
(a)
For the purpose of this table, Single unit, dwelling include:
Stick built dwelling
Prefabricated dwelling
Manufactured home
Moved-in dwelling
Boarding or lodging house
3.2
The following definitions apply:
(a) YARD means the area between a lot line and the nearest part of any building,
structure, development, excavation or use on the lot.
(b) FRONT YARD means a yard extending across the full width of a lot and situated
between the front lot line and the principal building (see Figure 3.3.1). Front yard
SCHEDULE 3 | 4
Village of Barons Land Use Bylaw No. 677
is determined by the majority of developed lots with the narrowest width in a
block. An entrance to a building does not determine a front yard.
(c) SIDE YARD means a yard extending from the front yard to the rear yard and
situated between the side lot lines and the nearest portion of the principal building.
See figure.
(d) REAR YARD means a yard extending across the full width of a lot and situated
between the rear lot lines and the nearest portion of the principal building.
(e) SECONDARY FRONT YARD means the area on a corner lot that abuts a street, but is
not considered the front yard (see Figure 3.3.1 for secondary front yard setbacks).
Figure 3.3.1
3.3
Where any lot has more than one front yard line, the front setback requirements shall
apply to one yard, but only one-half the front yard requirement may apply to the other
front yard and that yard shall be considered a secondary front yard.
3.4
Structures that are attached to a principal building are subject to the principal setbacks
excepting the permitted projections in Section 3.5.
3.5
The following features may, subject to the relevant provisions of Safety Codes, project
into the required setbacks under this bylaw:
(a) unenclosed steps or unenclosed fire escapes;
(b) a wheelchair ramp at the discretion of the Development Authority;
(c) fences or walls to the property line in accordance with the applicable land use
district;
(d) driveways, curbs and sidewalks;
(e) off-street parking;
Village of Barons Land Use Bylaw No. 677
SCHEDULE 3 | 5
(f)
cooling units not to exceed 0.9 m (3 ft);
(g) mailboxes;
(h) landscaping, fish ponds, ornaments, flagpoles (less than 4.6 m (15 ft) in height), or
other similar landscaping features;
(i)
temporary swimming pools in accordance with the applicable land use district; and
(j) signs in accordance with Schedule 8.
Figure 3.3.2
A - Eaves
B - Wheel chair ramp
F - Cooling unit
C - Bay window
G - Mailbox
D - Balcony
H - Deck
E - Chimney
I - Steps
3.6
The portions of and attachments to a principal building which may project over a
setback are as follows:
(a) eaves, fireplaces, belt courses, bay windows, cornices, sills or other similar
architectural features may project over a side setback as permitted under the
relevant provisions of Safety Codes and over a front or rear setback a distance not
to exceed 1.2 m (4 ft);
(b) an uncovered balcony, cantilever, or other similar feature may project over a side
or rear setback a distance not to exceed one-half of the width of the smallest
setback required for the site;
(c) a chimney which is not more than 1.2 m (4 ft) wide and projects not more than
0.3 m (1 ft) into a rear or side setback.
SCHEDULE 3 | 6
Village of Barons Land Use Bylaw No. 677
3.7
The Development Authority may require increased building setbacks (other than those
listed in Table 3.3.1) if such setbacks would:
(a) help avoid land use conflict;
(b) enhance the appearance of the area.
SECTION 4
BUILDING HEIGHT, FLOOR AREA, AND SITE COVERAGE
4.1
Building height means the vertical distance between grade and the highest point of a
building excluding a roof stairway entrance, elevator housing, a ventilating fan, a
skylight, a steeple, a chimney, a smoke stack, a fire wall or a parapet wall and a flagpole
or similar device not structurally essential to the building.
Figure 3.4.1
4.2
Floor area means the sum of the gross horizontal area of the several floors and
passageways of a building not including basements, attached garages and open porches.
4.3
The following definitions apply to site coverage:
(a) SITE COVERAGE means the percentage of the lot area which is covered by all
buildings and structures on the lot.
(b) SITE COVERAGE, PRINCIPAL means the percentage of the lot area which is covered
by the principal building including any structure attached to the principal building
by an open or enclosed roofed structure, including but not limited to attached
garages, carports, verandas, covered balconies, covered decks, and porches.
(c) SITE COVERAGE, ACCESSORY means the percentage of the lot area which is
covered by the combined area of all accessory buildings and structures and
includes uncovered decks.
4.4
The table lists the standards for floor area, site coverage and building height that apply
to specific uses within each of the land use districts.
Village of Barons Land Use Bylaw No. 677
SCHEDULE 3 | 7
Table 3.4.1: Floor Area, Site Coverage and Building Height
Land
Use
Districts
Specific Use
Minimum Floor Area
Maximum
Site
Coverage
Maximum Building Height
R1
m2
ft2
%
m
ft
Single unit, dwelling(a)
74.3
800
40
10.1
33
2 unit
55.7
600
40
10.1
33
3-unit & 4-unit
55.7
600
40
10.1
33
Row (interior unit)
55.7
600
40
10.1
33
(end unit)
55.7
600
40
10.1
33
Apartment
As required by the MPC
40
As required by the MPC
Senior citizen housing
As required by the MPC
40
As required by the MPC
Manufactured home community
74.3
800
40
10.1
33
Accessory building
n/a
15
4.9
16
All other uses
As required by the MPC
R2
Single unit, dwelling(a)
74.3
800
40
10.1
33
Manufactured home community
74.3
800
40
10.1
33
Accessory building
n/a
15
4.9
16
All other uses
As required by the MPC
CO
All uses
n/a
80(b)
10.7
35
IN
All uses
n/a
60(b)
10.7
35
PI
All uses
n/a
50(b)
As required by the MPC
UR
Single unit, dwelling(a)
74.3
800
40
10.1
33
Accessory building
n/a
15
4.9
16
All other uses
As required by the MPC
(a)
For the purpose of this table, Single unit, dwellings include:
Stick built dwelling
Prefabricated dwelling
Manufactured home
Moved-in dwelling
Boarding or lodging house
(b)
Combined site coverage of principal and accessory buildings
Schedule 4
DEVELOPMENT NOT REQUIRING A PERMIT
Village of Barons Land Use Bylaw No. 677
SCHEDULE 4 | 1
Schedule 4
DEVELOPMENT NOT REQUIRING A PERMIT
SECTION 1
DEVELOPMENT NOT REQUIRING A PERMIT
1.1
The following developments shall not require a development permit:
(a) any use or development exempted under Section 618(1) of the MGA;
(b) any use or development exempted by the Lieutenant Governor in Council pursuant
to Section 618(4) of the MGA;
(c) telecommunication antenna systems that are regulated by Industry Canada subject
to Schedule 9 (Telecommunication Antenna Siting Protocol);
(d) the completion of a building which was lawfully under construction at the date this
bylaw came into effect provided that the building is completed in accordance with
the terms and conditions of any development permit granted;
(e) the completion of a building that did not require a development permit under the
previous Land Use Bylaw and which was lawfully under construction provided the
building is completed within 12 months from the date this bylaw came into effect.
1.2
The following developments shall not require a development permit, but must
otherwise comply with all other provisions of this bylaw:
(a) the maintenance or repair of any building provided that the work does not include
structural alterations or additions;
(b) interior renovations to a building which do not:
(i)
create another dwelling unit;
(ii) increase parking requirements; or
(iii) result in the change of use of a building.
(c) the temporary placement or construction of works, plants or machinery (not
including shipping containers) needed to construct a development for which a
development permit has been issued for the period of those operations;
(d) the maintenance or repair of public works, services and utilities on publicly owned
or administered land carried out by or on behalf of federal, provincial, municipal or
public authorities;
(e) any structure placed on a lot which is 9.3 m2 (100 ft2) or less in area that is not on a
permanent foundation;
(f)
in all districts the erection, maintenance or alteration of a fence, gate, wall, hedge
or other means of enclosure that does not exceed 0.9 m (3 ft) in height in any front
yard and 1.8 m (6 ft) in height in any secondary front, rear or side yard;
SCHEDULE 4 | 2
Village of Barons Land Use Bylaw No. 677
(g) in the Industrial land use district, the erection, maintenance or alteration of a
fence, gate, wall hedge, or other means of enclosure that does not exceed 2.4 m
(8 ft) in height in any rear or side yard;
(h) landscaping that was not required as part of the original development permit;
(i)
any sign listed in Schedule 8, Section 4;
(k) any satellite dish less than 0.9 m (3 ft) in diameter;
(l)
temporary outdoor swimming pools and above ground hot tubs;
(m) the installation of cement or other hard surface material that is not to be covered
or partially covered by a roof or other shelter;
(n) excavation, grading, stripping, or stockpile provided it is part of a development for
which a development permit has been issued or is addressed in a signed
Development Agreement with the Village of Barons; and
(o) the construction of uncovered decks or patios 0.6 m (2 ft) or lower to ground level.
If there is a doubt to whether a development is of a kind listed above, the matter
shall be decided by the Municipal Planning Commission.
Schedule 5
GENERAL AND USE SPECIFIC STANDARDS OF DEVELOMENT
Village of Barons Land Use Bylaw No. 677
SCHEDULE 5 | 1
Schedule 5
GENERAL AND USE SPECIFIC STANDARDS OF DEVELOPMENT
Except for more specific, alternative, or contradictory standards as may be set forth within the
Residential Standards found in Schedule 6 or the Commercial / Industrial Standards found in Schedule 7,
the following standards apply to all uses in all districts.
SECTION 1
STATUTORY PLANS
1.1
Where the policies, rules or procedures indicated in a statutory plan vary, supplement,
reduce, replace or qualify the requirements of this bylaw for a particular district or
districts, the policies, rules or procedures indicated in the statutory plan shall take
precedence.
SECTION 2
APPROVAL OF ACCESS
2.1
Location of the access to each development from a public roadway should be shown on
the plot plan submitted with the application for a development permit and is subject to
the approval of the Development Officer or Municipal Planning Commission.
SECTION 3
DEMOLITION OR REMOVAL OF BUILDINGS OR STRUCTURES
3.1
No person shall commence or cause to be commenced the demolition or removal of any
building or structure, or portion thereof, until all necessary permits have been obtained.
3.2
A development permit must be obtained for the demolition or removal of any building
or structure greater than 9.3 m2 (100 ft2) in size.
3.3
Whenever a development permit is issued for the demolition or removal of a building or
structure, it shall be a condition of the permit that the lot shall be cleared, with all
debris removed, and left in a graded condition upon completion of the demolition or
removal to the satisfaction of the Development Authority.
3.4
When a development permit is to be approved for the demolition or removal of a
building or structure, the Development Authority may require the applicant to provide a
cash deposit, irrevocable letter of credit or other acceptable form of security in such
amount as to cover the costs of reclamation to any public utility or Village property.
3.5
Whenever a demolition or removal of a building or structure is carried out, the property
owner shall, at his own expense, protect any wall, structure, sidewalk or roadway liable
to be affected by such demolition or removal, including those on neighbouring
properties, from damage or displacement. Further, the property owner shall ensure
that adequate measures are taken by way of fencing and screening to ensure public
safety.
SCHEDULE 5 | 2
Village of Barons Land Use Bylaw No. 677
3.6
The applicant shall be responsible for obtaining all necessary Safety Codes approvals
and utility service disconnections before demolition or removal of buildings or
structures.
SECTION 4
DESIGN AND ORIENTATION OF BUILDINGS, STRUCTURES AND SIGNS
4.1
The design, character and appearance of buildings, structures or signs shall be
consistent with the intent of the land use district in which the building is located and
compatible with other buildings in the vicinity.
4.2
The Development Authority may regulate the exterior finish of buildings, structures or
signs to improve the quality of any proposed development within any land use district.
4.3
The maximum allowable height above the average finished surface level of the
surrounding ground of the exposed portion of a concrete or block foundation may be
limited by the Development Authority.
4.4
Subject to the requirements of the Safety Codes, the Development Authority may
require that buildings be physically accessible to disabled persons.
4.5
If a building is to be located on a lot with more than one street frontage or on a lot with
potential for further subdivision, the Development Authority may regulate the
orientation and location of the building as a condition of development approval.
SECTION 5
DEVELOPMENT OF LANDS SUBJECT TO SUBSIDENCE, UNDERMINING OR FLOODING
5.1
If in the opinion of the Development Authority, land upon which development is
proposed is subject to subsidence, mass wasting, flooding or undermining the
Development Authority may require the applicant to submit a structural building plan
prepared and sealed by an engineer, and/or a slope stability analysis, and/or
geotechnical report, and/or flood mapping prepared by an engineer demonstrating that
any potential hazards can be mitigated.
SECTION 6
GRADING AND STORMWATER MANAGEMENT
6.1
The Development Authority may require as a condition of development approval:
(a) engineered grading and drainage plans for the development and legal survey
demonstrating that engineered grades have been met;
(b) grading and other measures, as appropriate, to control surface drainage, reduce or
eliminate grade difference between adjacent lots, and minimize erosion or slope
instability;
(c) the final grades of the development must be approved by the Development
Authority before the issuance of a building permit;
(d) the applicant is responsible for ensuring adherence to final grades.
Village of Barons Land Use Bylaw No. 677
SCHEDULE 5 | 3
6.2
The construction of a retaining wall whenever, in the opinion of the Development
Authority, significant differences in grade exist or will exist between the lot being
developed and any adjacent lot or roadway. Where a retaining wall is required, the
applicant shall submit to the Development Officer plans identifying the design and
specifications of development for review and approval by the accredited safety codes
officer.
6.3
Roof and surface drainage shall be directed either to the public roadway fronting the
property, or as approved by the Development Officer, to a rear or side property
boundary or as approved in an engineered stormwater management plan.
6.4
When discharging, storm water connections or sump hoses must be greater than 1.8 m
(6 ft) from the front property line.
SECTION 7
OFF-STREET PARKING AND LOADING REQUIREMENTS
7.1
The off-street parking and loading requirements and design standards apply to:
(a) all new buildings and uses; and
(b) the expansion or enlargement of existing buildings or uses.
7.2
In the case of expansion or enlargement of an existing building or use, additional off-
street parking spaces will be required to serve the expanded or enlarged area only, not
the entire building or use.
7.3
Tables 5.7.1 and 5.7.2 shall be used to calculate the minimum number of off-street
parking spaces a use is required to provide.
Residential Parking Requirements
7.4
The following shall be used to calculate the off-street parking spaces required for a
proposed development:
Table 5.7.1: Residential Minimum Required Off-street Parking
RESIDENTIAL
Bed and breakfast
1 space per guest room
Boarding or lodging home
1 space per sleeping unit
Child care facility
1 pick-up/drop-off space per 10 children plus 1 space per employee
Dwellings:
- All Single-unit dwellings (a)
2 spaces per dwelling unit
- 2 unit, 3-unit, 4-unit
2 spaces per dwelling unit
- Row (more than 4 units)
2 spaces per dwelling unit plus 1 visitor parking space for every 2
dwelling units
Home occupation 2
1 additional space
Secondary suite
2 spaces
All Other uses
As required by the Municipal Planning Commission
SCHEDULE 5 | 4
Village of Barons Land Use Bylaw No. 677
(a)
For the purpose of this table, Single unit dwellings include:
Stick built dwelling
Modular dwelling
Prefabricated dwelling
Ready-to-move dwelling
Manufactured home
Moved-in dwelling
7.5
Parking areas shall be accessible, designed and delineated in a manner which will
provide for orderly parking.
7.6
Parking areas shall be constructed in a manner which will permit adequate drainage,
snow removal, and maintenance.
7.7
The Municipal Planning Commission may require that parking areas or portions thereof
be paved.
7.8
Off-street parking may be located in the front yard.
Payment In Lieu Of Providing Off-Street Parking
7.9
The option of payment in lieu of providing off-street parking spaces shall apply to the
Commercial land use district only and shall be subject to the following:
(a) At the option of the Municipal Planning Commission a developer may, subject to
the approval of council, pay the Village such amount of money on such terms as the
council considers reasonable in return for the equivalent public parking space to be
provided by the Village elsewhere in the land use district.
(b) A fund to be known as the "Off-Street Parking Fund" is hereby established.
(c) Any money received by the Village in lieu of providing off-street parking spaces
shall be paid into the "Off-Street Parking Fund", and such money shall be used for
the development of off-street parking facilities in the land use district from which
the funds are derived.
(d) The amount of money to be paid into the "Off-Street Parking Fund" shall be a per
stall charge, based on the costs involved in the land acquisition, facility
construction and facility maintenance. The number of stalls to be used in the
calculation of a per stall charge shall be based on the parking requirements in this
schedule.
Minimum Required Off-Street Parking
7.10
Off-street parking requirements based on floor area are to be computed on the gross
floor area (GFA) of the building.
7.11
Calculation of off-street parking requirements resulting in a fractional number of 0.5 or
greater shall be rounded up and rounded down when resulting in a fractional number of
0.49 or less.
Village of Barons Land Use Bylaw No. 677
SCHEDULE 5 | 5
7.12
A multiple use development must provide parking in an amount equal to the number of
spaces for all uses, except where a shared parking provision is approved by the
Development Authority.
7.13
A shared parking provision based upon the proposed sharing of parking spaces between
two or more uses must include a written agreement between the owners on record.
Where such off-site parking is approved, a caveat shall be registered against the lot to
guarantee the continuous use of the site for parking.
7.14
Where a use is not listed, minimum required off-street parking shall be provided as
required by the Development Authority having regard to the listed use that is most
similar to the proposed use. As an alternative, the Development Authority may require
a parking study to be prepared by a qualified professional at the applicant's expense to
determine the parking requirements for a use not listed in Tables 5.7.1 and 5.7.2.
7.15
All required parking spaces shall be provided on the same lot as the building or use,
except where the Development Authority may permit off-site parking spaces to be
provided on a lot within 152.4m (500 ft) of the building or use if, in the Development
Authority's opinion, it is impractical to provide parking on the same lot as the building or
use. Where such off-site parking is approved, a caveat shall be registered against the lot
to guarantee the continuous use of the site for parking.
Table 5.7.2: Non-Residential Minimum Required Off-street Parking
USE
MINIMUM PARKING SPACES
PUBLIC
Campground, Public or Private
As required by the Development Authority
Cemetery
As required by the Development Authority
Clubs or fraternal organization
1 space /5.1 m2 (55 ft2) of patron use area plus 1 space per employee
Child Care facility
1 space per employee
Community building
1 space/5 seating spaces plus 1 space per employee
Cultural facility
1 space/5 seating spaces plus 1 space per employee
Educational facility or School
3 spaces per classroom
Exhibition ground
As required by the Development Authority
Funeral Home
1 space /46.5 m2 (500 ft2) of GFA or 1 space / 5 seating spaces
Group care facility
1 space per employee
Institutional
1 space /46.5 m2 (500 ft2) of GFA
Parks and playgrounds
As required by the Development Authority
Religious assembly
As required by the Development Authority
SCHEDULE 5 | 6
Village of Barons Land Use Bylaw No. 677
USE
MINIMUM PARKING SPACES
COMMERCIAL/INDUSTRIAL
Accessory structures and uses
As required by the Development Authority
Amusement Facility
1 space / 20 m2 (215 ft2) of GFA
Animal Care Service, small and
large
1 space /46.5 m2 (500 ft2) of GFA
Auto body and paint shop
1 space /46.5 m2 (500 ft2) of GFA
Automotive sales and service
1 space /46.5 m2 (500 ft2) of GFA
Bed and Breakfast
1 space per guest room
Bulk fuel station
1 space /46.5 m2 (500 ft2) of GFA
Car wash
1 space per employee
Contractor, general or limited
1 space /65 m2 (700 ft2) of GFA
Convenience store
1 space /27.9 m2 (300 ft2) of GFA
Drive-in/drive-through use
1 space /5.1 m2 (55 ft2) of seating area plus 1 space per employee
Restaurant
1 space per 4 seats plus employee parking
Entertainment establishment
1 space /5.1 m2 (55 ft2) of patron use area plus 1 space per employee
Equipment sales, rental and
service
1 space /65 m2 (700 ft2) of GFA
Financial institution
1 space /37.2 m2 (400 ft2) of GFA
Funeral Home
1 space/5 seating spaces plus 1 space per employee
Garden Centre or greenhouse
1 space /65 m2 (700 ft2) of GFA
Golf Course
4 spaces per golf hole
Government service
1 space /46.5 m2 (500 ft2) of GFA
Hotel/motel
1 space per guest room
Intensive horticultural service
1 space /65 m2 (700 ft2) of GFA
Light industry/manufacturing
1 space /65 m2 (700 ft2) of GFA
Liquor Store
1 space /37.2 m2 (400 ft2) of GFA
Lumber yard
1 space /65 m2 (700 ft2) of GFA
Mini storage
As required by the Development Authority
Medical Health Facility
1 space per staff member and 1 space per examination room
Office,
Business
support
service
1 space /46.5 m2 (500 ft2) of GFA
Outdoor storage
As required by the Development Authority
Personal service
1 space /37.2 m2 (400 ft2) of GFA
Recreation facility
1 space /27.9 m2 (300 ft2) of GFA
Retail
1 space /37.2 m2 (400 ft2) of GFA
Retail, Grocery store
1 space /37.2 m2 (400 ft2) of GFA
Service station/gas bar
1 space /37.2 m2 (400 ft2) of GFA
Truck transportation/dispatch
depot
1 space /65 m2 (700 ft2) of GFA
Truck wash
1 space per employee
General
Warehousing
and
Storage
1 space /65 m2 (700 ft2) of GFA
Waste disposal facility
As required by the Development Authority
Village of Barons Land Use Bylaw No. 677
SCHEDULE 5 | 7
Barrier-free Parking
7.16
The minimum number of barrier-free parking spaces to be provided for the disabled
shall be a portion of the total number of off-street parking spaces required, in
accordance with Table 5.7.3: Barrier-Free Parking Spaces.
7.17
Each barrier-free parking space for the disabled shall be:
(a) at least 3.7 m (12 ft) wide;
(b) have a firm, slip-resistant and level surface;
(c) be clearly marked as being for the use of persons with disabilities only.
7.18
Where there are two or more adjacent barrier-free parking stalls, a 1.5 m (5 ft) wide
access aisle shall be provided between the stalls.
7.19
Barrier-free parking stalls shall be clearly identifiable in accordance with Safety Codes.
7.20
There must be a well-lit, distinguishable, barrier-free path of travel from the parking
areas to the building entrance.
7.21
It is recommended that an additional number of spaces be considered when the
purpose or use of the building facilities may cause an increase in the number of seniors
or persons with disabilities who require accessible parking, such as, but not limited to,
medical services and restaurants.
Table 5.7.3: Barrier-Free Parking Spaces
Number of parking spaces required for a use
Number of barrier-free spaces required for a use
by persons with disabilities
0-10
0*
11-25
1
26-50
2
51-100
3
for each additional increment of 100
or part thereof
one additional stall
* Development is encouraged to provide at least one barrier-free parking space for use by persons with
disabilities.
Loading Space Requirements
7.22
One loading space shall be provided for each loading door.
7.23
The minimum dimensions for a loading space shall be 3.1 m (10 ft) by 9.1 m (30 ft) with
an overhead clearance of 3.9 m (13 ft).
7.24
Each loading area shall provide a doorway into the building sufficient to meet the needs
of the use within the building.
SCHEDULE 5 | 8
Village of Barons Land Use Bylaw No. 677
7.25
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.
7.26
The Development Authority may require additional loading areas or doors if, in the
Development Authority's opinion, such additional areas or doors are deemed necessary.
7.27
The Development Authority may consider a joint loading area for two or more uses if, in
the Development Authority's opinion, such a loading area would facilitate orderly
development or relieve congestion in the immediate area.
Stacking Spaces for Drive-through Uses
7.28
In addition to the off-street parking requirements, a drive-through use is required to
provide the following minimum stacking spaces:
(a) Restaurant use: 30.5 m (100 ft) from order box to pick-up window
(b) Gas station: 9.1 m (30 ft) from each end on pump island
(c) Bank machine: 22.9 m (75 ft) from bank machine window
(d) Car wash: 15.2 m (50 ft) from car wash entrance
(e) Other: As determined by the Development Authority
7.29
The minimum stacking space requirements in subsection 7.28 may be varied by the
Development Authority depending upon the intensity of the proposed development.
SECTION 8
OFF-STREET PARKING DESIGN STANDARDS
8.1
Off-street parking areas shall be accessible and designed in a manner which will provide
for orderly parking in accordance with the minimum parking space dimensions as found
in Table 5.8.1 and Figure 5.8.1.
8.2
Parking space designs proposing tandem or stacked parking to a maximum of two
vehicles per stall may be approved by the Development Authority provided the spaces
are for employee parking only.
8.3
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.
8.4
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.
8.5
Off-street parking areas shall be constructed in a manner which will permit adequate
drainage, snow removal, and maintenance.
8.6
Off-street parking spaces adjacent to a road right-of-way shall be provided with bumper
blocks, curbing or other similar protective feature to ensure public safety and prevent
vehicle overhang.
Village of Barons Land Use Bylaw No. 677
SCHEDULE 5 | 9
8.7
The Development Authority may require that off-street parking areas or portions
thereof be paved as a condition of approval.
Table 5.8.1: Minimum Parking Space Dimensions
A: Parking
Angle
B: Stall Width
C: Stall Depth
D: Aisle Width
Degrees
m
ft
m
ft
m
ft
0
2.4
8.0
6.7
22
3.7
12
30
2.7
9.0
5.5
18
3.5
11
45
2.6
8.5
6.1
20
3.9
13
60
2.6
8.5
6.4
21
5.5
18
90
2.9
9.5
5.6
18.5
7.3
24
Figure 5.8.1
Minimum Parking Space Dimensions
SECTION 9
SITE LIGHTING
9.1
Site lighting may be required as a condition of development and shall be located,
oriented and shielded where it does not adversely affect adjacent properties.
SECTION 10
REFUSE COLLECTION AND STORAGE
10.1
Refuse and garbage shall be kept in a suitably-sized enclosure for each use within each
land use district.
10.2
Refuse and garbage areas shall be effectively screened until such time as collection and
disposal is possible.
10.3
All refuse on any construction site shall be properly screened or placed in an approved
enclosure until removed for disposal.
B
D
A
A: Parking Angle
B: Width Of Stall
C: Depth Of Stall
D: Width Of Aisle
C
SCHEDULE 5 | 10
Village of Barons Land Use Bylaw No. 677
SECTION 11
SERVICING
11.1
All development shall be required to connect to both the municipal water supply and
sewerage system where the municipal services are, in the opinion of the Municipal
Planning Commission, reasonably available. Where no municipal servicing is reasonably
available, development approval shall be subject to compliance with Regional Health
Authority and Alberta Safety Codes standards for unserviced parcels. Prior to
development approval, the applicant shall be required to submit a soils analysis and
report to demonstrate the suitability of the site for on-site septic.
SECTION 12
ALTERNATIVE ENERGY SOURCES
12.1
The Development Authority is authorized to issue development approvals for alternative
energy sources such as, but not limited to, solar panels, heat exchange systems,
generators, turbines, etc. provided that any additional approvals or standards required
at the municipal, provincial and/or federal levels are met or exceeded.
SOLAR COLLECTOR
12.2
A solar collector attached to a wall or roof of a building may be permitted in any land
use district subject to the following:
(a) A solar collector mounted on a roof:
(i)
may project a maximum of 1.3 m (4 ft) from the surface of the roof and shall
not exceed the maximum height requirements of the applicable land use
district; and
(ii) must not extend beyond the outermost edge of the roof.
(b) A solar collector mounted to a wall:
(i)
must be located such that it does not create undue glare on neighbouring
property or public roadways;
(ii) must be located a minimum of 2.4 m (8 ft) above grade;
(iii) may project a maximum of 1.5 m (5 ft) from the surface of the wall, when the
wall faces the rear property line, subject to the setback requirements of the
applicable land use district; and
(iv) may project a maximum of 0.6 m (2 ft) from the surface of the wall when the
wall faces the front, secondary front or side property line, subject to the
setback requirements of the applicable land use district.
12.3
A free-standing solar collector or a solar collector mounted to any structure other than a
roof or wall of a building shall be classified as an accessory use and processed subject to
the applicable land use district and the following additional standards:
(a) A free-standing solar collector or a solar collector mounted to any structure other
than a roof or wall of a building:
(i)
must be located such that it does not create undue glare on neighbouring
property or public roadways; and
(ii) must not exceed 1.8 m (6 ft) in height above existing grade.
Village of Barons Land Use Bylaw No. 677
SCHEDULE 5 | 11
SMALL WIND ENERGY SYSTEMS
Information Requirements
12.4
An application for a development permit for a proposed small wind energy conversion
system (SWECS) must be completed and submitted to the Development Officer
accompanied by:
(a) a site plan acceptable to the Development Officer indicating the exact location of
the SWECS on the parcel and all buildings and structures, registered easements or
right-of-way, and any overhead utilities, dimensioned to the property lines and
drawn to a satisfactory scale;
(b) existing and proposed parking and loading areas, driveways, abutting streets,
avenues and lanes, and surface drainage patterns;
(c) photographs and/or plans of the proposed SWECS indicating:
rated output in kilowatts;
safety features and noise characteristics;
turbine height;
blade diameter and rotor clearance;
nature and function of over speed controls which are provided; and
estimated lifespan.
(d) specifications on the foundation and/or anchor design, including the location and
anchoring of any guy wires;
(e) engineered plans, prepared by a professional engineer, for SWECS that are
mounted or attached to any building demonstrating that the building can support
the SWECS; and
(f)
any security measures proposed to ensure public safety and security.
Referrals
12.5
Prior to making a decision on a development permit application for a SWECS, the
Development Authority may require that the application be referred to the following
agencies and departments:
(a) Transport Canada;
(b) NAVCanada;
(c) Alberta Transportation; and
(d) any other federal or provincial agencies or departments deemed necessary.
General Development Standards
Any SWECS shall be subject to the following general standards:
12.6
The SWECS shall only be allowed in land use districts where listed as a permitted or
discretionary use. SWECS are prohibited in all other districts.
SCHEDULE 5 | 12
Village of Barons Land Use Bylaw No. 677
12.7
The SWECS shall be setback from all property lines a distance equal to the height of the
system.
12.8
The blade clearance of any SWECS shall not be less than 4.6 m (15 ft) above grade.
12.9
Any climbing apparatus associated with the SWECS shall be a minimum of 4.6 m (15 ft)
above grade.
12.10 Any guy wires associated with a SWECS shall be accommodated entirely within the
parcel and must be clearly visible from grade to a height of 1.8 m (6 ft).
12.11 The sound produced by the SWECS under normal operating conditions, as measured at
the property line shall not exceed 60 dBA or 6 dBA over the background noise,
whichever is greater.
12.12 The SWECS shall not display advertising or other marketing
12.13 The SWECS shall not be artificially illuminated except as required by a federal or
provincial agency or department.
12.14 The manufacturer's identification, technical, warning, and emergency contact
information must be affixed no lower than 0.9 m (3 ft) from the base of the tower and
not higher than 1.5 m (5 ft) from the base of the tower.
12.15 The Development Authority may regulate the maximum number of SWECS permitted on
a lot.
12.16 The Development Authority may require as a condition of approval that any SWECS be
finished in a non-reflective matte and in a colour which minimizes the obtrusive impact
of the SWECS to the satisfaction of the Development Authority.
12.17 The Development Authority may require as a condition of approval that any SWECS be
surrounded by a security fence with a lockable gate not less than 1.8 m (6 ft) in height.
12.18 Prior to the installation of a SWECS the applicant and/or landowner shall obtain:
(a) all relevant federal and provincial permits and permissions;
(b) an electrical permit, and if applicable, a building permit;
(c) wire service provider approval for SWECS with a rated output of less than 10 kW
that are proposed to be connected to the grid; and
(d) Alberta Utilities Commission approval for SWECS with a rate output greater than
10 kW that are proposed to be connected to the grid.
12.19 All components of the SWECS, including any electrical components, shall comply with
the Canadian National Standards and shall bear the appropriate certification marks.
12.20 The SWECS system must be installed by a certified electrical contractor prior to
operation.
Village of Barons Land Use Bylaw No. 677
SCHEDULE 5 | 13
12.21 Where the SWECS has been inactive for more than six consecutive months the applicant
and/or landowner is required to decommission and remove the system at their expense.
If the SWECS is not decommissioned and removed after six months of inactivity, the
Village may undertake enforcement action.
Decommissioning
12.22 Prior to removal of the SWECS the applicant and/or landowner shall submit
documentation to the Development Officer demonstrating that the system has been
disconnected from any electrical utilities.
12.23 All refuse associated with the decommissioning and dismantling of the SWECS shall be
removed from the property and disposed of appropriately.
12.24 Upon removal of the SWECS the property shall be restored to its pre-construction
condition to the satisfaction of the Development Officer.
Review of Permits
12.25 Village Council shall review the impacts of issuance of permits for Small Wind Energy
Systems after the issuance of 25 development permits for this specific use within the
municipality.
SECTION 13
SATELLITE DISHES AND RADIO OR TELEVISION ANTENNA
13.1
In all residential land use districts and the Urban Reserve - UR district:
(a) satellite dishes greater than 0.9 m (3 ft) in diameter or radio or television antenna
shall be classified as an accessory structure and shall be placed in the rear or side
yard;
(b) satellite dishes greater than 0.9 m (3 ft) in diameter shall not be mounted or
attached to the roof of any dwelling or accessory building and shall not be
illuminated or contain advertising other than the manufacturer's trademark or
logo.
13.2
The Development Authority may approve the installation of a satellite dish on the roof
of any building or portion thereof if, in its opinion, such an installation does not:
(a) constitute a public safety hazard;
(b) compromise the structural integrity of the building; or
(c) may be unreasonably obtrusive.
13.3
Radio and television antennas, which are not regulated by Industry Canada, are
classified as an accessory structure. See Schedule 9 for those regulated by Industry
Canada.
SCHEDULE 5 | 14
Village of Barons Land Use Bylaw No. 677
SECTION 14
SHIPPING CONTAINERS
General Standards for All Shipping Containers
14.1
An application for a development permit for a proposed shipping container must be
completed and submitted to the Development Officer accompanied by the applicable
application fee and a minimum of two recent colour photographs of each container (one
end view and one side view).
14.2
There shall be a legal primary use on the property where the shipping container is
proposed.
14.3
Shipping containers are permitted to be used for storage only and shall not be used as a
building or a construction material.
14.4
The Development Authority may require as a condition of approval that a shipping
container(s) be screened from view or landscaped to make it aesthetically pleasing.
14.5
The Development Authority may regulate the time period for which a development
permit for a shipping container(s) is valid through the issuance of a temporary permit.
Temporary Shipping Container Standards
14.6
A shipping container may be placed temporarily on a construction site for the period of
construction, in any land use district, subject to the following provisions:
(a) the shipping container is needed in connection with construction of a development
for which a development permit has been issued;
(b) the construction site is active (i.e., construction has commenced and is on-going or
is about to commence within one week); placement of a shipping container on an
inactive construction site is prohibited;
(c) setbacks for a temporary shipping container shall be as required by the
Development Authority;
(d) the maximum lot coverage for accessory structures in the applicable land use
district apply;
(e) the shipping container may only be permitted in the secondary front, rear, or side
yard;
(f)
the shipping container shall not display advertising, company logos, names or other
marketing without an approved sign permit.
(g) the Development Authority has the authority to determine the maximum amount
of time a shipping container is permitted on a lot; and
(h) the shipping container shall be removed immediately upon completion of
construction or sooner as may be required by the Development Authority.
Village of Barons Land Use Bylaw No. 677
SCHEDULE 5 | 15
14.7
Removal of the shipping container(s) at the expiration of the permit shall be at the
expense of the applicant and/or landowner. The Development Authority may require as
a condition of approval the posting of a bond or a security guaranteeing the removal of
the container and/or compliance with the conditions of the permit.
Standards for Shipping Containers in Residential Districts
14.8
Permanent shipping containers may be located in the Residential - R1 or Residential
Manufactured Home - R2 land use districts and are subject to the following provisions:
(a) the maximum lot coverage, building height, and setback requirements for
accessory structures in the applicable land use district apply;
(b) the shipping container may only be permitted in the rear yard;
(c) the shipping container shall not display advertising, company logos, names, or
other marketing;
(d) no more than one shipping container shall be permitted on a parcel;
(e) the shipping container shall not exceed 20 ft. in length or a lesser length
determined appropriate by the Development Authority;
14.9
To ensure that the design, character, and appearance of the finished shipping container
is compatible with other buildings in the vicinity and that the design, character, and
appearance of the shipping container is consistent with the purpose of the residential
land use district, the Development Authority may require that any shipping container be
subject to the following conditions of approval:
(a) be sided on a minimum of three sides (non-door sides) with the same exterior
material, acceptable to the Development Authority, and similar or complimentary
colour as the principal building;
(b) be completely painted on the opening door sides, if not required to be sided, to
match the colour of siding being installed on the other three sides of the container;
(c) be modified to add a sloped roof with functional gutters and downspouts. The roof
shall be a minimum 3/12 pitch and finished in material acceptable to the
Development Authority such as wood shake, fibre cement, asphalt, or composite
shingle;
(d) be placed on a concrete slab or permanent foundation in accordance with standard
building construction and building code requirements; and
(e) be able to meet all applicable provincial building and safety code requirements.
Standards for Shipping Containers in Commercial and Industrial Districts
14.9
Permanent shipping containers may be located in the Commercial - CO, Industrial - IN,
and Public and Institutional - PI land use districts and are subject to the following
provisions:
(a) the maximum lot coverage and setback requirements for accessory structures in
the applicable land use district apply;
SCHEDULE 5 | 16
Village of Barons Land Use Bylaw No. 677
(b) the shipping container may only be permitted in the secondary front, rear, or side
yard;
(c) the shipping container shall not display advertising, company logos, names or other
marketing without an approved sign permit;
14.10 The Development Authority may regulate the maximum height of shipping containers;
14.11 The Development Authority may require as a condition of approval:
(a) that any shipping container be sandblasted and/or painted a neutral or
complementary colour to match the existing building(s) on the property; and
(b) that the exterior of the shipping container be kept clean and regularly painted in a
neutral or complementary colour to match the existing building(s) on the property.
SECTION 15
SHOW HOMES
15.1
The construction of or use of a new, unoccupied dwelling unit for the purpose of a show
home for the sale or marketing of other dwelling units by a builder or developer within a
subdivision or development may be approved as a temporary use in all residential land
use districts and the commercial land use district.
15.2
A dwelling occupied as a residence shall not be used as a show home, sales office or as a
facility to demonstrate a builder's construction quality or methods.
15.3
The show home shall not be open to the public for viewing until the road accessing the
show home is developed to municipal standards.
15.4
There shall be a sign posted at the show home identifying it as such.
15.5
The advertised hours that the show home is open to the public shall not be earlier than
9:00 a.m. or later than 9:00 p.m.
15.6
Conditions of the permit do not limit the private showing by appointment of the show
home at any time.
SECTION 16
CANNABIS RETAIL STORE
16.1
A retail cannabis store shall not be approved if any portion of an exterior wall of the
store is located within 100 m (328 ft) of:
(a) the boundary of a parcel of land on which a provincial health care facility is located;
(b) the boundary of a parcel of land containing a school and school grounds / sports
fields (public or private);
(c) the boundary of a parcel of land that is designated as school reserve (SR) or
municipal and school reserve (MSR) under the Municipal Government Act; or
(d) the boundary of a parcel of land containing a developed playground not designated
as municipal reserve but owned by the municipality.
Village of Barons Land Use Bylaw No. 677
SCHEDULE 5 | 17
16.2
A retail cannabis store shall not be approved if any portion of the exterior wall of the
store is located within 150 m (492 ft) of another retail cannabis store (measured to the
exterior wall).
16.3
An application for a development permit must be made to the Development Officer by
submitting:
(a) floor plans, elevations and sections of the buildings;
(b) submit verification of the Alberta Gaming and Liquor Commission (AGLC) of
eligibility to obtain a license; and
(c) a detailed listing and site plan of surrounding business and uses, both on adjacent
(contiguous) parcels and those identified as sensitive sites as outlined in 16.1 within
200 m (drawn on a high quality and clearly legible site plan with text descriptions).
SECTION 17
CANNABIS PRODUCTION FACILITY
17.1
The owner or applicant must obtain any other approval, permit, authorization, consent
or licence that may be required to ensure compliance with applicable federal, provincial
or other municipal legislation.
17.3
The development must be done in a manner where all of the processes and functions
are fully enclosed within a stand-alone building including all loading stalls and docks,
and garbage containers and waste material. The development shall not include an
outdoor area for storage of goods, materials or supplies.
17.3
In addition to the application requirements of the Administrative section, an application
for a cannabis production facility must also include a servicing plan for water and
wastewater, including but not limited to the anticipated volumes of water and
wastewater capacity required from the municipal systems.
17.4
The Municipal Planning Commission may require, as a condition of a development
permit, a public utility waste management plan, completed by a qualified professional
that includes detail on:
(a) the incineration of waste products and airborne emissions, including smell;
(b) the quantity and characteristics of liquid and waste material discharged by the
facility; and
(c) the method and location of collection and disposal of liquid and waste material.
Schedule 6
RESIDENTIAL STANDARDS OF DEVELOPMENT
Village of Barons Land Use Bylaw No. 677
SCHEDULE 6 | 1
Schedule 6
RESIDENTIAL STANDARDS OF DEVELOPMENT
The following standards are applicable to residential development. Sections 1-16 are applicable to all
residential development types. Sections 17-21 are applicable to specific residential development types.
SECTION 1
ACCESORY BUILDINGS AND STRUCTURES
1.1
Accessory buildings and structures shall be located at least 1.2 m (4 ft) from the
principal building.
1.2
Accessory buildings shall be constructed such that eaves shall be no closer than 0.6m
(2 ft) from a side lot line or rear lot line and all drainage is conducted to the appropriate
storm drain via the applicant's own property.
1.3
Accessory buildings or structures shall not to be located in the front yard in relation to
the principal building.
1.4
Quonsets, quonset-style buildings or semicircular metal structures shall not be
permitted as accessory buildings in the Residential - R1 and Residential Manufactured
Home - R2 land use districts.
1.5
All Moved-in buildings shall be subject to the provisions of this section and the
provisions of Section 19.
1.6
Carports attached to an accessory building shall comply with the provisions for
accessory buildings. Carports attached to a principal dwelling or building shall comply
with the provisions for principal dwelling or building.
SECTION 2
EASEMENTS
2.1
All permanent structures shall be located a minimum of 3.1 m (10 ft), or such greater
distance as required by the Development Authority, from an easement registered for
the protection of municipal water mains and sewer mains or any other infrastructure, as
determined by the municipality.
2.2
No structures shall be located within a registered easement.
SECTION 3
CORNER VISIBILITY
Street Corner Visibility
3.1
On a corner lot, nothing shall be erected, placed, planted or allowed to grow in a
manner which may restrict traffic visibility at street intersections, between 0.9 m (3 ft)
and 3.0 m (10 ft) above the centre line grades of the intersecting streets in the area
bounded by the property lines of such corner lots and a line joining points along the said
SCHEDULE 6 | 2
Village of Barons Land Use Bylaw No. 677
property line 6.1 m (20 ft) from the point of intersection (see Figures 6.3.1 and 6.3.2
where Dimension A = 6.1 m).
Figure 6.3.1
Rear Lane Visibility
3.2
The Municipal Planning Commission may impose conditions on a development to
ensure that adequate visibility and safety of both pedestrians and vehicles is maintained
for vehicles entering and exiting rear lanes.
3.3
The Municipal Planning Commission may request that a minimum 1.5 m (5 ft) clear
vision triangle be provided for lots backing onto the intersection of a rear lane and
public roadway (see Figure 6.3.2 where Dimension B = 1.5 m).
Figure 6.3.2
Village of Barons Land Use Bylaw No. 677
SCHEDULE 6 | 3
SECTION 4
DRIVEWAYS, OFF-STREET PARKING REQUIREMENTS AND DESIGN STANDARDS
4.1
Vehicular access for corner parcels shall generally be limited to locations along a minor
street or cul-de-sac.
4.2
In residential districts where a subject property does not provide a side yard sufficient
for a driveway, then one off-street parking pad may be permitted in the front yard to a
maximum of 6.1 m (20 ft) in width.
4.3
Only one driveway per parcel or dwelling unit should be permitted for single unit
residential developments, including manufactured homes.
4.4
Driveways shall be a minimum of 3.0 m (10 ft) and a maximum of 6.1 m (20 ft) in width,
unless otherwise approved by the Municipal Planning Commission on the basis of merit.
4.5
Driveways shall be a minimum of 3.0 m (10 ft) from the entrance to a lane (see Figure
6.4.1 Dimension B), and 4.6 m (15 ft) from the intersection of two public roadways (see
Figure 6.4.1 Dimension A).
4.6
Driveways, parking pads or hard surfaced areas (e.g. paving stones, sidewalks) that
cover more than 25 percent of the total lot area require a development permit.
4.7
Parking of a recreational vehicle on a residential parcel shall be limited to an approved
front driveway or an approved parking pad in the side or rear yard. Parking a
recreational vehicle in the front yard without an approved driveway or pad is prohibited.
4.8
Refer to Schedule 5 (General and Use Specific Standards of Development), Section 8.
Figure 6.4.1
SCHEDULE 6 | 4
Village of Barons Land Use Bylaw No. 677
SECTION 5
FENCES
5.1
No fence, wall, hedge or any combination thereof shall extend more than 0.9 m (3 ft)
above the ground in any front yard area, as illustrated in Figure 6.5.1 labeled as B,
without a development permit approved by the Municipal Planning Commission.
5.2
Fences in the secondary front, rear and side yards shall be 1.8 m (6 ft) in height or less
(see Figure 6.5.1 where Dimension A = 1.8 m).
Figure 6.5.1
5.3
The Development Authority may regulate the material types and colour used for the
fence. Regardless of fence height, barbed wire fencing or unconventional fencing
materials, including but not limited to pallets, used construction materials, doors, and
unfinished oriented strand board (OSB) or plywood, are prohibited.
5.4
No portion of a fence, including an associated retaining wall, shall be greater than 0.30
m (1 ft) in thickness. Any variance to the thickness of a fence shall be referred to the
Municipal Planning Commission for a decision.
5.5
The construction of a fence should be completed within 12 months of commencement
and shall be finished, where appropriate, by painting or staining the fence.
SECTION 6
DECKS
6.1
A development permit is required for the construction of a deck if it will be greater than
0.6 m (2 ft) in height (see Figure 6.6.1).
6.2
Uncovered decks that do not exceed 0.6 m (2 ft) in height do not require a development
permit provided they meet the minimum setback requirements for a principal or
accessory building.
6.3
All covered decks require a development permit.
Village of Barons Land Use Bylaw No. 677
SCHEDULE 6 | 5
6.4
For the purposes of calculating site coverage requirements, where a structure is
attached to the principal building, it shall be deemed part of the principal building and
subject to principal building requirements.
6.5
Decks must be located in a manner such as to preserve the privacy of adjacent
properties.
Figure 6.6.1
SECTION 7
RETAINING WALLS, GRADING AND DRAINAGE
7.1
The Municipal Planning Commission may require:
(a) the construction of a retaining wall, including submittal of an engineered design as
a condition of development if significant differences in grade exist or will exist
between the lot to be developed and adjacent parcels;
(b) the provision of engineered grading and drainage plans for the development;
(c) special grading and/or paving to prevent drainage problems with neighbouring lots
as a condition of a development permit.
SECTION 8
EXTERIOR BUILDING FINISHES
8.1
The Municipal Planning Commission may require that specific finishing materials and
colour tones be utilized to maintain the compatibility of any:
(a) proposed development with surrounding or adjacent developments;
(b) proposed additions or ancillary structures with existing buildings on the same lot.
SECTION 9
EXPOSED FOUNDATIONS
9.1
The maximum allowable height above the average finished surface level of the
surrounding ground of the exposed portion of a concrete or block foundation may be
regulated by the Municipal Planning Commission.
SECTION 10
PRIVATE SWIMMING POOLS
10.1
Private swimming pools shall be classified as an accessory structure.
SCHEDULE 6 | 6
Village of Barons Land Use Bylaw No. 677
10.2
Any private swimming pool with a design depth greater than 0.6 m (2 ft) shall be
constructed and fenced in accordance with Safety Codes requirements.
10.3
Temporary above ground swimming pools and above ground hot tubs do not require a
development permit, but are subject to Safety Codes and may require a building permit.
10.4
Construction of an in-ground swimming pool and swimming pools that are attached to a
deck require a development permit and are subject to the following additional
standards:
(a) placement of a swimming pool shall be limited to the side and rear yard only;
(b) swimming pools are subject to the setback requirements for accessory structures in
the applicable land use district; and
(c) swimming pools are subject to the maximum lot coverage requirements for
accessory structures in the applicable land use district.
SECTION 11
HOME OCCUPATIONS
Home Occupation 1
11.1
A small-scale, home occupation contained within the principal dwelling involving:
(a) phone and office use only;
(b) no outdoor storage and/or display of goods; and
(c) no customer/client visits to the residence.
Home Occupation 2
11.2
All other home occupations shall be classified as a Home Occupation 2 and may involve:
(a) the use of a principal structure, garage and/or accessory structure;
(b) limited outdoor storage provided that it is screened from view and/or display of
goods within the residence, garage or accessory structure;
(c) limited volume of on-premises sales;
(d) limited customer/client visits.
Additional Home Occupation Standards
11.3
A home occupation shall be incidental and subordinate to the principal residential use of
the dwelling and shall not change the external appearance or character of the dwelling.
There shall be no business activities associated with the home occupation conducted on
the lot outside the dwelling or accessory structure.
11.4
Allowances for home occupations are intended to foster small-scale business. Home
occupations will be required to relocate to a suitable commercial or industrial district
when they become incompatible with a residential area or become unsuitable as a
home occupation.
Village of Barons Land Use Bylaw No. 677
SCHEDULE 6 | 7
11.5
A Home Occupation 2 shall not be permitted, if in the opinion of the Development
Authority, the use would be more appropriately located within a commercial or
industrial district.
11.6
The business operator shall be a full-time resident of the dwelling.
11.7
Unless otherwise approved by the Municipal Planning Commission, not more than one
home occupation is permitted on a lot.
11.8
The use must not generate more vehicular or pedestrian traffic and vehicular parking
than normal within the district.
11.9
No offensive noise, vibration, electrical interference, smoke, dust, odors, heat or glare
shall be produced by the use.
11.10 No use shall cause an increase in the demand placed on any one or more utilities (water,
sewer, garbage, etc.) such that the combined total consumption for a dwelling and its
home occupation exceed the normal demand for residences in the area.
11.11 Home occupations shall not include any use that would, in the opinion of the
Development Authority, materially interfere with or affect the use or enjoyment of
neighbouring properties.
11.12 Signage advertising a Home Occupation 1 is limited to one sign located in the structure
window up to a maximum of 0.4 m² (4 ft²) in size and must be approved by the
Development Authority. Signage for a Home Occupation 2 shall be as approved by the
Development Authority.
11.13 The Development Authority may regulate the hours of operation, the number of
customer visits, outdoor storage and screening and landscaping requirements for
outdoor storage.
11.14 Any changes to an approved home occupation require the approval of the Development
Authority.
11.15 The development permit for the use shall be valid only for the period of time the
property is occupied by the applicant for such approved use and is not transferable to
another location or another person.
11.16 The issuance of a development permit in no way exempts the applicant from obtaining a
business license from the Village and any other Provincial approvals that may be
required.
11.17 A Home Occupation 2 development permit may be issued as a temporary development
permit that may be renewed annually or on a timeline specified in the approval by the
Municipal Planning Commission.
11.18 A Home Occupation 2 shall not be approved where a secondary suite has been
developed, unless it is proven to the satisfaction of the Development Authority that the
SCHEDULE 6 | 8
Village of Barons Land Use Bylaw No. 677
amount of traffic generated is limited and adequate parking is available without
adversely affecting the neighborhood.
SECTION 12
PREFABRICATED DWELLINGS
Requirements for Prefabricated Dwellings
Factory built unit that meets CSA standards and building code (CSA A-277)
Dwelling is securely fasten and placed on:
Basement
Concrete slab
Concrete strip footing
Pile or pier footing
Minimum roof pitch shall not be less than 4/12
Minimum floor area shall not be less than 79.89 m2 (800 ft2)
Minimum width of dwelling - 7.3 m (24 ft)
Maximum length of dwelling - 20.1 m (66 ft)
Maximum height of exposed foundation - 0.6 m (2 ft)
12.1
A development permit for a prefabricated dwelling may be issued by the Development
Authority provided that:
(a) the design, character, and appearance (including roof lines/material and exterior
finish) of prefabricated homes shall be consistent with the purpose of the district in
which the building is located and shall take into account any other buildings
existing in the vicinity;
(b) to ensure compatibility of housing types, the variation of roof lines between
prefabricated dwellings and conventional homes may be limited. Generally,
dwellings should not be more than 0.6 m (2 ft) higher or lower than an adjacent
home;
Prefabricated dwelling means:
a dwelling unit or portions of a dwelling unit that is built in a factory or portions of dwelling
units that are built in a factory or location other than on the lot intended for occupancy;
includes modular, ready-to-move and panelized dwellings;
manufactured in accordance with CSA and the Alberta Building Code,
is transportable in one or more sections;
is not constructed with a permanent hitch, chassis or other device allowing transport of the unit
other than for the purpose of delivery to a permanent site.
This definition does not include manufactured homes, park model recreational units ,park model trailers
or travel trailers.
Village of Barons Land Use Bylaw No. 677
SCHEDULE 6 | 9
(c) at the discretion of the Development Authority, the exterior finish, colour and
roofing material may be stipulated as a condition of approval;
(d) the dwelling shall conform to any architectural controls that may apply.
12.2
As a condition of approval the Development Authority, at their discretion, may place
other conditions on a development permit including the requirement that the developer
provide landscaping, fencing, address drainage issues, or other such matters it considers
necessary if, in his or its opinion, they would serve to improve the quality or
compatibility of any proposed development.
12.3
The building and the land upon which it is to be located shall be subject to all conditions
and regulations specified for the particular land use district set out in the Land Use
Bylaw.
12.4
The applicant/developer must submit professional building plans illustrating the exterior
design, floor plan, elevations and setbacks.
12.5
The quality of the completed building shall be at least equal to the quality of the other
buildings in the area.
12.6
If there is any doubt as to the required standards being met, the Development Officer
may refer the application to the Municipal Planning Commission for a decision.
12.7
The Development Authority may require a bond or irrevocable letter of credit of a
minimum $5000.00 to a maximum value of up to 50 percent of the assessed value of the
building to ensure the conditions of the development permit for a principal building are
met.
SECTION 13
MANUFACTURED HOMES
Standards and Requirements
13.1
Except where noted, all standards, requirements and guidelines of this section shall
apply to both units located in conventional subdivisions or manufactured home parks.
13.2
The Development Officer or Municipal Planning Commission may require a bond or
irrevocable letter of credit of a minimum $5000.00 to a maximum value of up to 50
percent of the assessed value of the building to ensure the conditions of the
development permit for a principal building are met.
Manufactured home means a dwelling unit conforming to CSA standards and/or the Alberta Building
Code designed for transportation after fabrication, whether on its own wheels or a trailer, and which
arrives at the site where it is to be occupied as a dwelling, complete and ready for occupancy (except
for incidental operations such as placing the building on an acceptable foundation). For the purposes
of this bylaw, manufactured homes do not include prefabricated dwellings, moved-in dwellings, park
model recreational units, park model trailers or travel trailers.
SCHEDULE 6 | 10
Village of Barons Land Use Bylaw No. 677
13.3
Only the following shall be considered eligible manufactured homes:
(a) new factory-built units;
(b) used factory-built units no older than five (5) years and in a good state of repair (to
the satisfaction of the Development Authority). Any application for a development
permit to locate a used manufactured home:
(i)
shall include recent colour photographs of all elevations including additions;
and
(ii) may require a personal inspection by the Development Officer to determine
the unit's suitability;
(c) Canadian Standards Association (CSA) certified units or units bearing the Alberta
Building Label (CSA A-277 or Z-240 building labels);
(d) manufactured homes bearing the original home certification.
Foundations, Roof Lines and Additions
13.4
All single-wide manufactured homes shall be skirted in compatible materials and
enclosed to the satisfaction of the Development Authority.
13.5
To ensure compatibility of housing types, the variation of roof lines between double-
wide manufactured homes and conventional homes may be limited. Generally, the
double-wide unit should not be more than 0.6 m (2 ft) higher or lower than an adjacent
home, whether conventional or double-wide. Generally, single-wide units shall not be
encouraged to locate adjacent to or among conventional dwellings.
13.6
All manufactured home additions shall be of a design and finish which will complement
the unit.
General Appearance
13.7
The wheels, hitches and other running gear shall be removed from a manufactured
home immediately after the placement of the home.
13.8
The yard area of each lot shall be developed and landscaped to the satisfaction of the
Development Authority.
SECTION 14
MOVED-IN BUILDINGS AND MOVED-IN DWELLINGS
MOVED-IN BUILDING means a previously used or existing building, which is removed from a site, and
then transported and re-established on another site.
MOVED-IN DWELLING means a previously existing, established and occupied dwelling, which is
removed from one site and then transported and re-established on another site. For the purposes of
this bylaw, a motor home, travel trailer, recreation vehicle and any similar vehicles that are neither
intended for permanent residential habitation nor subject to the current provincial building
requirements.
Village of Barons Land Use Bylaw No. 677
SCHEDULE 6 | 11
14.1
The building and the land upon which it is to be located shall be subject to all conditions
and regulations specified for the particular land use district.
14.2
The building shall comply with all provincial and municipal health and fire regulations
prior to occupancy and release of cash deposit. A report by a building inspector
regarding each application shall be filed before any such application shall be considered
by the Development Authority.
14.3
The quality of the completed building shall be at least equal to or better than the quality
of the other buildings in the area.
14.4
The requirements of the building shall be established by the Municipal Planning
Commission at the time of approval of the application and shall form a part of the
conditions of the development permit.
14.5
A limit of the time of completion and full compliance with all stipulated requirements
shall be established by the Municipal Planning Commission at the time of the approval
of the application.
14.6
The application should be accompanied by recent colour photographs of all elevations
of the moved-in building.
14.7
The Development Officer may require a minimum of $2,000 for moved-in buildings and
a minimum $5,000 for moved-in dwellings in cash to ensure the conditions of the
development permit are met. If the cost to complete the work in the conditions of
approval is greater than the cash deposit, construction may be completed by the Village
and additional costs may be charged against the property taxes.
SECTION 15
MANUFACTURED HOME COMMUNITY
Prior to the issuance of a Development Permit for a comprehensively planned manufactured
home community, the Development Authority shall receive and adopt by resolution a
Comprehensive Plan for the community. A Comprehensive Plan shall be in accordance with, but
not necessarily limited to, the following:
Parcel Size
15.1
The parcel subject to the development of a comprehensively planned manufactured
home community shall be a minimum 2.0 ha (5 acres) and maximum 4 ha (10 acres).
Density
15.2
The design shall be such that the net site density of the park does not exceed 20 units
per ha (8 units per acre).
General and Overall Appearance
15.3
The manufactured home community plan shall incorporate detailed aesthetic
considerations such as:
SCHEDULE 6 | 12
Village of Barons Land Use Bylaw No. 677
(a) substantial landscaping design of the entire park in general, and of individual sites
in particular;
(b) treatment of communal areas, both indoor and outdoor;
(c) imaginative handling of street furniture such as lamp standards, litter bins,
benches, street signs, and accessories of this nature; and
(d) the community design and subsequent placement of dwellings on lots shall
integrate well with adjoining residential development so as not to be obtrusive.
Open Space Requirements
15.4
A minimum of 10 percent of the manufactured home community area shall be
developed for park use for the enjoyment of the inhabitants.
Servicing Requirements
15.5
An engineer shall be engaged at the expense of the developer to consult with the Village
and utility companies to arrive at a design for all interior servicing, including roads,
drainage, grading, sewer, water, natural gas, telephone, electrical and fire protection.
15.6
All on-site servicing shall be built to the standards and requirements of the Village of
Barons and any applicable utility companies.
15.7
Utility easements as may be required shall be provided within the site, and reasonable
access to these easements shall be granted to the Village Public Works Department and
utility companies for the installation and maintenance of services as required.
Internal Roads
15.8
Internal roads shall be provided in the manufactured home community to allow access
to individual manufactured home lots as well as to other facilities where access is
required.
15.9
Internal roads shall be privately owned and maintained and form part of the common
area.
15.10 The internal road system shall be designed to be compatible with existing municipal
roads and public utility systems.
15.11 The internal road system shall provide convenient circulation by the use of local roads
and properly located collector roads within the manufactured home park. Dead-end
roads shall be discouraged; however, where design alternatives are not available, a
minimum 16.8 m (55 ft) radius shall be provided for turn-around purposes.
15.12 If the public roadway through which access to the manufactured home community is
obtained is paved, then the roads in the manufactured home community shall be paved.
15.13 A minimum right-of-way width of 12.2 m (40 ft) is required for all roads within the
development.
Village of Barons Land Use Bylaw No. 677
SCHEDULE 6 | 13
Manufactured Home Additions
15.14 Any addition to a manufactured home shall be of a design and finish which will
complement the manufactured home unit and the neighbouring units in the vicinity, as
determined by the Development Authority.
15.15 Additions shall be located to the rear or side of the manufactured home unit only.
Where any lot has more than one front yard line, the front yard requirements shall
apply to one yard only and additions may be permitted in the other front yard.
15.16 Additions shall not exceed 30 percent of the floor area of a manufactured home unit.
Storage Compound
15.17 The developer of the comprehensively planned manufactured home community shall
provide, within the park, an area to accommodate storage.
15.18 The size of this storage area shall be a percentage of the total site area as determined by
the Development Authority and shall be satisfactorily screened by fences, trees,
landscaped features, or combinations thereof, and be maintained in good repair.
Siting Criteria
15.19 The following distances must be observed in locating a structure within a designated
manufactured home community:
(a) a minimum of 1.5 m (5 ft) must separate the manufactured home from the lot lines
(front, rear, and one side yard) except as provided for in a Comprehensive Plan;
(b) a minimum of 5.5 m (18 ft) one side yard open space must separate individual
manufactured homes (driveways, carports and open porches are allowable in this
space);
(c) the distance between a manufactured home stand and an abutting common area
such as a paved street or walkway or public parking area shall be 3.7 m (12 ft);
(d) all open porches, carports and accessory buildings shall be set back minimum 4.6 m
(15 ft) from the front lot line;
(e) accessory buildings may be located 1.5 m (5 ft) from the manufactured home side
lot line, provided structures on the adjoining parcel are 3.0 m (10 ft) away;
(f)
covered decks and porches (walls, roof, etc.) shall be considered part of the
principal building and must meet the stipulated setbacks for the manufactured
home;
(g) any accessory building shall cover not more than 15 percent of the surface area of
the manufactured unit lot, or 55.7 m2 (600 ft2), whichever is less;
(h) the manufactured home units shall cover not more than 40 percent of the total
surface area of the lot.
SCHEDULE 6 | 14
Village of Barons Land Use Bylaw No. 677
Drawings to be Submitted by Applicants
15.20 The following drawings must be submitted:
(a) a scaled site plan shall be submitted showing the manufactured home park and its
immediate surroundings;
(b) the site plan shall indicate, among other things, the mix of single-wide and double-
wide manufactured home lots, the lot size dimensions, street and pavement
widths, parking stalls, location of service buildings, storage compound, playground
and walkway system;
(c) a utility plan shall be based on the site plan and shall indicate the location of all
utilities necessary for the provision of the following services to the area to be
developed:
water supply (including any proposed irrigation)
sanitary sewer
storm sewer
power
natural gas
telephone
cablevision
street lighting
The sizing and specifications of all utilities to be determined in consultation with
the Village's Public Works Department and the respective utility companies or
agencies;
(d) a layout plan shall indicate typical arrangement of manufactured homes as well as
parking areas and landscaping of the lot;
(e) a detailed landscaping plan shall illustrate the types of tree planting and ground
cover for internal buffer strips, open space and playground areas, irrigation layout,
all manufactured home lots, and entrances to the park.
SECTION 16
SECONDARY SUITE STANDARDS
16.1
A secondary suite shall have cooking facilities, food preparation area, sleeping and
sanitary facilities, which are physically separate from those of the principal dwelling
within the structure. A secondary suite shall also have an entrance separate from the
entrance to the principal dwelling, either from a common indoor landing or directly
from the side or rear of the structure.
16.2
This use does not include two-unit dwelling, row dwelling, apartment, or boarding or
lodging house.
16.3
The minimum lot size for a single-unit, dwelling containing a secondary suite is 529.5 m²
(5700 ft²).
16.4
The maximum floor area of the secondary suite shall be as follows:
Village of Barons Land Use Bylaw No. 677
SCHEDULE 6 | 15
(a) in the case of a secondary suite located completely below the first storey of a
single-unit, dwelling (other than stairways or a common landing), the floor area
(excluding the area covered by stairways) shall not exceed the floor area of the first
storey of the associated principal dwelling;
(b) in the case of a Secondary Suite developed completely or partially above grade, the
floor area (excluding the area covered by stairways) shall not exceed 40 percent of
the total floor area above grade of the building containing the associated principal
dwelling, nor 70.0 m², whichever is the lesser.
16.5
The minimum floor area for a secondary suite shall be not less than 30.2 m² (325 ft²).
16.6
A secondary suite shall be developed in such a manner that the exterior of the principal
building containing the secondary suite shall appear as a single dwelling.
16.7
Only one secondary suite may be developed in conjunction with a principal dwelling.
16.8
A secondary suite shall not be developed within the same principal dwelling containing a
Home Occupation 2, unless it is proven to the satisfaction of the Development Authority
that the amount of traffic generated is limited and adequate parking is available without
adversely affecting the neighborhood.
16.9
The number of persons occupying a secondary suite shall not exceed four(4).
16.10 The secondary suite shall not be subject to separation from the principal dwelling
through a condominium conversion or subdivision.
16.11 Variances or waivers of setbacks shall not be granted to develop a secondary suite.
16.12 The secondary suite shall have full utility services through service connections from the
principal dwelling unit.
16.13 Development of a secondary suite shall adhere to the Alberta Building Code and Alberta
Fire Code as a condition of approval.
Schedule 7
COMMERCIAL / INDUSTRIAL STANDARDS OF DEVELOPMENT
Village of Barons Land Use Bylaw No. 677
SCHEDULE 7 | 1
Schedule 7
COMMERICAL / INDUSTRIAL STANDARDS OF DEVELOPMENT
The following standards are applicable to commercial and industrial development.
SECTION 1
EASEMENTS
1.1
All permanent structures shall be located a minimum of 3.1 m (10 ft), or such greater
distance as required by the Development Authority, from an easement registered for
the protection of municipal water mains and sewer mains or any other such
infrastructure, as determined by the municipality.
1.2
No structures shall be located within a registered easement.
SECTION 2
CORNER VISIBILITY
Street Corner Visibility
2.1
On a corner lot, nothing shall be erected, placed, planted or allowed to grow in a
manner which may restrict traffic visibility at street intersections, between 0.9 m (3 ft)
and 3.0 m (10 ft) above the centre line grades of the intersecting streets in the area
bounded by the property lines of such corner lots and a line joining points along the said
property line 6.1 m (20 ft) from the point of intersection (see Figure 7.2.1).
Figure 7.2.1
SCHEDULE 7 | 2
Village of Barons Land Use Bylaw No. 677
Rear Lane Visibility
2.2
The Municipal Planning Commission may impose conditions on a development to
ensure that adequate visibility and safety of both pedestrians and vehicles is maintained
for vehicles entering and exiting rear lanes.
2.3
The Municipal Planning Commission may request that a minimum 1.5 m (5 ft) clear
vision triangle be provided for lots backing onto the intersection of a rear lane and
public roadway.
SECTION 3
LANDSCAPING AND SCREENING
3.1
A landscaping plan shall be submitted with the development permit application for any
principal use. The Development Authority may require that a landscaping plan be
prepared by a professional. An irrigation plan may also be required.
3.2
Within the front setback and secondary front setback, a minimum landscaped strip of
3.0 m (10 ft) in width along the entire lot frontage (excepting driveways, sidewalks, and
walkways) is required. The strip shall be comprehensively landscaped to the satisfaction
of the Development Authority.
3.3
The Development Authority may require the prescribed minimum 7.6 m (25 ft) setback
between a commercial or industrial and residential use to be landscaped and/or fenced
depending on the intensity of the proposed use.
3.4
Development along Highway 23 may be subject to enhanced landscaping standards to
ensure attractive development adjacent to entryways into the community.
3.5
Off-street parking lots shall be landscaped and/or screened to the satisfaction of the
Development Authority.
3.6
Where off-street parking is adjacent to a residential use, the Development Authority
may require a minimum 3.0 m (10 ft) landscaped buffer between the property line and
the adjacent use.
3.7
Where a commercial or industrial lot is adjacent to a residential use, all mechanical
equipment shall be concealed by fencing and/or landscaping to the satisfaction of the
Development Authority.
3.8
Landscaping shall consist of any combination of the following to the satisfaction of the
Development Authority:
(a) vegetation (e.g. trees, shrubs, lawn, flowers);
(b) ground cover (e.g. large feature rocks, bark chip, field stone, crushed rock, or other
similar features);
(c) buffering (e.g. berming, terracing, paving stones);
(d) outdoor amenity feature (e.g. benches, walkways, raised planters);
(e) innovative landscaping features, as approved by the Development Authority.
Village of Barons Land Use Bylaw No. 677
SCHEDULE 7 | 3
3.9
No cottonwood tree of any species or variety shall be planted in the municipality.
SECTION 4
FENCING
4.1
No fence, wall, gate, hedge or other means of enclosure shall extend more than 2.4 m
(8 ft) in height in any side or rear yard. A fence, wall, gate, hedge or other means of
enclosure that exceeds 0.9 m (3 ft) in height within a front yard or secondary front yard
requires approval by the Development Authority.
4.2
The use of barbed wire below a height of 1.8 m (6 ft) is not permitted.
4.3
The use of razor wire is not permitted.
4.4
Fencing shall not be permitted to be constructed within any developed or undeveloped
roadway or laneway right-of-way. Removal of such fencing will be at the property
owner's expense.
4.5
Where a permit is required for fencing, the Development Authority may regulate the
material types and colours used for the fence.
4.6
Refer also to Section 2, for clear vision triangle requirements.
SECTION 5
OFF-STREET PARKING REQUIREMENTS AND DESIGN STANDARDS
5.1
Refer to Schedule 5 (General and Use Specific Standards of Development), Section 8.
SECTION 6
OUTDOOR DISPLAY AND STORAGE
6.1
Temporary outdoor display of goods, materials, and equipment for advertising and sale
purposes may be permitted in the front yard provided the display is not located within
any required landscape area or buffer.
6.2
The Development Authority may impose conditions related to screening, buffering or
landscaping of any outdoor display areas.
6.3
Outdoor storage areas shall not be permitted within the front, secondary front or side
setback.
6.4
Outdoor storage areas adjacent to a residential lot shall be effectively screened by an
opaque fence of at least 1.8 m (6 ft) in height or other suitable screening to the
satisfaction of the Development Authority.
SECTION 7
MITIGATION OF IMPACTS FROM NOISE, ODOR, VIBRATION AND AIR QUALITY
7.1
Where, in the opinion of the Development Authority, a development has the potential
to create negative impacts on adjacent uses and/or nearby residential development in
the form of noise, odor, vibration and/or air quality, the applicant may be required to
submit a mitigation plan demonstrating how impacts will be mitigated prior to a
decision being made on the application.
SCHEDULE 7 | 4
Village of Barons Land Use Bylaw No. 677
7.2
A mitigation plan may be attached as a condition of approval as well as any other
measures deemed necessary by the Development Authority to mitigate impacts
pursuant to subsection 7.1 above.
SECTION 8
ACCESORY BUILDINGS
8.1
Accessory buildings shall be located at least 1.2 m (4 ft) from the principal building.
8.2
Accessory buildings shall be constructed such that eaves shall be no closer than 0.6 m
(2 ft) from a side lot line or rear lot line and all drainage is conducted to the appropriate
storm drain via the applicant's own property.
8.3
Accessory buildings or structures shall not to be located in the front yard in relation to
the principal building.
SECTION 9
MOVED-IN BUILDINGS
9.1
The building and the land upon which it is to be located shall be subject to all conditions
and regulations specified for the particular land use district.
9.2
The building shall comply with all provincial and municipal health and fire regulations
prior to occupancy and release of cash deposit. A report by a building inspector
regarding each application shall be filed before any such application shall be considered
by the Development Authority.
9.3
The quality of the completed building shall be at least equal to or better than the quality
of the other buildings in the area.
9.4
The requirements of the building shall be established by the Municipal Planning
Commission at the time of approval of the application and shall form a part of the
conditions of the development permit.
9.5
A limit of the time of completion and full compliance with all stipulated requirements
shall be established by the Municipal Planning Commission at the time of the approval
of the application.
9.6
The application should be accompanied by recent colour photographs of all elevations
of the moved-in building.
9.7
The Development Officer may require a minimum of $2,000 for moved-in buildings and
a minimum $5,000 for moved-in dwellings in cash to ensure the conditions of the
development permit are met. If the cost to complete the work in the conditions of
approval is greater than the cash deposit, construction may be completed by the Village
and additional costs may be charged against the property taxes.
Village of Barons Land Use Bylaw No. 677
SCHEDULE 7 | 5
SECTION 10
SURVEILLANCE SUITES
10.1
A development permit for a surveillance suite will only be issued if the surveillance suite
is clearly compatible with and subordinate to the principal use of the subject parcel.
Moreover, in the opinion of the Development Officer or Municipal Planning
Commission, as the case may be, the placement of a surveillance suite shall be
compatible with all existing, principal development/land uses on adjacent properties
and shall not interfere with future principal development/land uses of adjacent
properties.
10.2
Where a surveillance suite is attached to the building on a site by a roof, an open or
enclosed structure, floor or a foundation, it is to be considered a part of the principal
building.
10.3
The minimum and maximum floor area of any detached surveillance suite shall be
50.0 m2 (538 ft2) and 102.0 m2 (1098 ft2) respectively.
10.4
Where a surveillance suite is a manufactured home unit, the following shall apply:
(a) the unit shall have a CSA certification or equivalent, proof of which shall
accompany the development permit application;
(b) the unit shall be secured and skirted to the satisfaction of the Development Officer
or Municipal Planning Commission, as the case may be.
SECTION 11
GAS BARS, SERVICE STATIONS AND BULK FUEL STATIONS
11.1
Notwithstanding the District Regulations, a use pursuant to this Section shall not be
located on sites, which, in the opinion of the Development Authority, would be
considered unsafe in terms of vehicle circulation, and access and egress from the site.
Site Area (Minimum)
11.2
Site Area (Minimum):
(a) Gas Bar: 1,200 m2 (12,917 ft2)
(b) Service Station: 1,500 m2 (16,146 ft2)
(c) Gas Bar or Service Station including Car Wash: 2,700 m2 (29,063 ft2)
(d) Where a service station or gas bar forms part of a shopping centre, the area
containing the service station or gas bar buildings and pump areas: 1,000 m2
(10,764 ft2)
(e) Where a service station or gas bar is combined with a convenience store: 1,200 m2
(12,917 ft2)
(f)
Bulk Fuel Station: 2,700 m2 (29,063 ft2)
Setback of Buildings and Structures
11.3
The Provincial Plumbing and Gas Safety Services Branch shall approve the proposed
location(s) and design of all fuel storage tanks prior to application for a development
permit.
SCHEDULE 7 | 6
Village of Barons Land Use Bylaw No. 677
11.4
Fuel storage tanks shall have the following setbacks from any property lines, abutting
masonry building walls, drainage basins and ditches:
Total Tank Capacity Setback
Up to 7,500 litres
3.0 m (10 ft)
7,501 to 19,000 litres
5.0 m (16 ft)
19,001 to 38,000 litres
7.6 m (25 ft)
Over 38,000 litres
10.5 m (35 ft)
11.5
Tanks located on property within a Flood Hazard Area shall be flood proofed to the
satisfaction of the Development Authority.
11.6
The ventilation tank pipes shall have a minimum height of 3.5 m (11 ft) from grade, and
a minimum setback of 0.9 m (3 ft) from any property line. In cases where the ventilation
tank pipes are abutting to a building opening, the setback requirement shall be a
minimum on 1.2 m (4 ft).
11.7
The ventilation tank pipes shall have a minimum setback of 7.6 m (25 ft) from any fuel-
dispensing unit.
11.8
The minimum front yard requirements shall be as prescribed in the district in which the
use is located but in no case shall be less than 3.0 m (10 ft).
11.9
The minimum side and rear yard setbacks shall be as prescribed in the district in which
the use is located.
11.10 Yard setbacks shall apply to all above ground structures, including gas pump canopies.
Site and Building Requirements
11.11 All parts of the site to which vehicles may have access shall be hard-surfaced if the
property is accessed from a paved public road or lane, and drained to the satisfaction of
the Development Authority.
11.12 A minimum of 10 percent of the site area of a Gas Bar and Service Station under this
Section shall be landscaped to the satisfaction of the Development Authority.
11.13 The removal of tanks requires a demolition permit from the Development Authority.
Maximum Building Coverage
11.14 The maximum building coverage for a use under this Section shall be 25 percent of the
site area.
Schedule 8
SIGN REGULATIONS
Village of Barons Land Use Bylaw No. 677
SCHEDULE 8 | 1
Schedule 8
SIGN REGULATIONS
Except as stated in Section 4 (Signs Not Requiring a Permit) below, no sign shall be erected on land or
affixed to any exterior surface of a building or structure unless a development permit for this purpose
has been issued by the Development Authority.
SECTION 1
SIGNS PERMITTED BY LAND USE DISTRICT
1.1
In the Commercial - CO and Public Institutional - PI districts one sign fronting each
street bounding the property is permitted subject to the provisions of this Schedule.
1.2
In the Industrial - IN district two signs fronting each street bounding the property are
permitted subject to the provisions of this Schedule.
SECTION 2
PROHIBITED SIGNS
2.1
Signs which employ revolving, flashing or intermittent lights, or lights resembling
emergency services, traffic signals, railway crossing signals, hazard warning devices or
other similar lighting but does not include changeable content, sign projection styles or
animation.
2.2
Signs which emit amplified sounds or music.
2.3
Signs that employ changeable content, animation or pictorial scenes at a luminosity,
intensity and/or interval which may create a public hazard or nuisance are prohibited.
2.4
Any signs located within the public right-of-way or on public property, except for signs
approved by the Village of Barons, which may include: canopy signs, projecting signs
and temporary signs or signs approved by the Province of Alberta or Federal
Government.
2.5
Signs that are attached to or appearing on any vehicle or trailer which is parked on a
public right-of-way or any other public lands or on private land that is located adjacent
to a public right-of-way with the intent/purpose of displaying the sign to motorists and
the public for any period of time excepting signs for special events organized by a non-
profit association, group or organization for a display time period not to exceed 24
hours.
2.6
Any sign which has not obtained a development permit or any sign which has not been
deemed exempt from the requirement of obtaining a development permit as per this
sign schedule (see Section 4 - Signs Not Requiring a Permit).
SCHEDULE 8 | 2
Village of Barons Land Use Bylaw No. 677
SECTION 3
GENERAL STANDARDS AND REGULATIONS FOR ALL SIGNS
3.1
Unless otherwise specified, a Development Permit application is required for all signs
and the Development Officer may refer any Development Permit application for a sign
to the Municipal Planning Commission for a decision.
3.2
All signs shall be compatible with the general character of the surrounding streetscape
and the architecture of nearby buildings.
3.3
All signs shall be of quality construction and of a design suitable for public display and
shall be maintained in good repair and a safe and tidy manner.
3.4
No sign shall be placed in a public road or laneway or sited in such a manner that:
(a) the sign causes confusion with or obstructs the vision of any information sign or a
traffic control sign, signal, light or other traffic device;
(b) the sign will create a potential hazard or conflict with rights-of-way, easements or
the routing of any public utility or obstruct the public's view of any other signage;
(c) the sign creates a traffic or a pedestrian hazard either due to its design or location.
3.5
The size, location, illumination and materials of all signs and outdoor advertising
structures and features shall not detract from the design of existing and proposed
buildings and structures and the surrounding properties.
3.6
A sign shall be located entirely within the subject lot unless prior written approval
granting permission for the sign to overhang another property is submitted to the
Village by the affected property owner.
3.7
A sign shall not be attached to a public bench, light standard, utility pole or any other
publicly owned structure or building without prior written authorization from the
Council.
3.8
The source of light for all sign illumination shall be steady and suitably shielded.
3.9
Subsequent to approval from the Development Authority, signs may be permitted to
locate within the setback requirement of a land use district if it does not interfere with
visibility at an intersection and complies with other requirements of this sign schedule.
3.10
The following rules apply to all types of signs on municipal property:
(a) no signs shall be located on, erected on, or attached to municipal property,
buildings or structures unless permission is granted in writing from the Village.
(b) if permission is granted for a sign to be located on, erected on, or attached to
municipal property, buildings or structures, the sign type shall comply with all
applicable sign regulations contained within this Land Use Bylaw.
(c) any sign located on, erected on, or attached to municipal property without
authorization from the Village, may be removed without notice.
Village of Barons Land Use Bylaw No. 677
SCHEDULE 8 | 3
3.15
Any abandoned sign shall be removed at the property owner's expense. If abandoned
signs are not removed, the Village may remove the sign.
SECTION 4
SIGNS NOT REQUIRING A PERMIT
The following signs do not require a sign permit, but shall otherwise comply with this bylaw and
be suitably maintained to the satisfaction of the Development Authority.
4.1
Construction signs which do not exceed 2.9 m2 (32 ft2) in area provided such signs are
removed within 14 days of the completion of construction.
4.2
Banner signs which are displayed for a period of time not exceeding 30 days.
4.3
Signs, notices, placards, or bulletins required to be displayed:
(a) in accordance with the provisions of federal, provincial, or municipal legislation;
(b) by or on behalf of the federal, provincial, or municipal government;
(c) on behalf of a department, a commission, a board, a committee, or an official of
the federal, provincial, or municipal government.
4.4
Any traffic or directional and informational signage erected by the Village, Province of
Alberta or Federal government and any municipal signs for municipal purposes (e.g.
community service bulletin board signs, etc.).
4.5
Residency identification signs which state no more than the name and/or address of the
person(s) occupying the lot, provided the sign is no greater than 0.4 m2 (4 ft2) in area.
4.6
Vehicle signs except as prohibited in Section 2 (Prohibited Signs) above.
4.7
Entrance or exit signs used for the purpose of directing traffic providing:
(a) those signs do not display any advertising message, other than a business logo,
(b) the sign area does not exceed 0.9 m2 (10 ft2) in area, and
(c) the sign height does not exceed 1.2 m (4 ft).
4.8
A-board signs (see Figure 8.4.1) where the owner of the sign
submits written authorization from the owner of the land
where the sign is to be located and where the sign is removed
from that location on a daily basis.
4.9
The alteration of a sign which only includes routine
maintenance, painting or change in face, content or lettering
and does not include modification to the sign structure or
projection style.
4.10
All signs for public buildings except for freestanding signs, and any signs that contain
movement/motion (i.e. rotate, etc.), or employ animation or changeable content, which
shall require the approval of the Municipal Planning Commission.
Figure 8.4.1
SCHEDULE 8 | 4
Village of Barons Land Use Bylaw No. 677
4.11
Real estate signs, provided all such signage is removed within 30 days after the sale or
lease of the premises upon which the sign is located.
4.12
Real estate open house A-board signs provided they are removed within 24 hours of the
open house.
4.13
On-premises directional and informational signage and incidental signs 0.4 m2 (4 ft2) or
less in area.
4.14
Any window sign painted on, attached to or installed on a window provided that no
more than 50 percent of the subject window area is covered.
4.15
Political poster signs provided all such signage is removed within 5 days after the closing
of the polling stations for the relevant election or plebiscite and comply with the
following requirements:
(a) signs cannot emit sound, use video features or be illuminated;
(b) signs shall be maintained in a condition that is neat and shall not be unsightly or
dangerous;
(c) signs shall not interfere with the safe and orderly movement of pedestrians or
vehicles, or restrict the sight lines for pedestrians or motorists;
(d) signs shall not exceed 0.9 m2 (10 ft2) in area, 1.2 m (4 ft) in height, and be self
supporting;
(e) signs shall not be posted for more than 60 days; and
(f)
signs shall be a minimum of 3.0 m (10 ft) from any road access and a minimum of
4.6 m (15 ft) from any intersection.
SECTION 5
SIGN PERMIT APPLICATION REQUIREMENTS
5.1
A development permit for a sign shall be made to the Development Authority by an
applicant, a landowner, or someone that has been authorized by the landowner (i.e.
agent) to submit a development permit application, on a completed application form.
5.2
An application for a development permit to erect, place, alter or relocate a sign shall
also be accompanied by:
(a) the name and address of:
the sign manufacturer or company, and
the lawful sign owner;
(b) a letter of authorization from the affected registered property and/or building
owner (if the applicant is not the landowner).
5.3
The Development Authority may require any additional information deemed necessary
to evaluate a Development Permit application for a sign, but generally, an application
for a permit to erect, place, alter or relocate a sign shall be made to the Development
Authority and shall be accompanied by photographs and/or drawings, to an appropriate
scale, showing where applicable:
Village of Barons Land Use Bylaw No. 677
SCHEDULE 8 | 5
(a) the location of all existing and proposed sign(s);
(b) the size, height, and area of the proposed sign(s), including any supporting
structures;
(c) details with respect to the sign content (i.e. wording/lettering, text, message,
graphics, etc.);
(d) the colour and design scheme;
(e) material specifications;
(f)
the location of the property boundaries of the parcel upon which the proposed
sign(s) is to be located;
(g) all utility rights-of-way, access easements and any other related encumbrances;
(h) the location of existing building(s) on the site;
(i) the type of illumination, animation and/or changeable content, if any, and details
with respect to the proposed luminosity intensity and/or interval;
(j)
the details regarding the extent of the projection if a sign is to be attached to a
building.
SECTION 6
TEMPORARY SIGNS
6.1
All temporary signs require a Development Permit except those signs exempted in
Section 4.
6.2
A Development Permit for a temporary sign will be valid for a period of no longer than
60 days.
6.3
Once the permit has expired for a temporary sign at a location address, re-application
for another temporary sign on the same site shall not occur until 30 days has elapsed
from the expiration of the previously approved permit or 30 days from the date at which
the temporary sign is removed, whichever is the later of the two dates.
6.4
No temporary signs shall be suspended on or between support columns of any
permanent sign such as a freestanding sign or billboard sign, notwithstanding any other
sign that may be considered as permanent by the Development Authority.
6.5
No posters or signs shall be placed on any public utility such as a power pole or on
municipal, provincial or federal signage.
6.6
The Development Authority must only approve the location of the temporary sign on
the premises after having given due consideration for the location of power supply,
sight lines visibility, parking pattern on the site and/or any other site specific
development constraints that the Development Authority considers relevant.
6.7
The copy area of a temporary sign shall not exceed 3.7 m2 (40 ft2).
SCHEDULE 8 | 6
Village of Barons Land Use Bylaw No. 677
SECTION 7
FREESTANDING SIGNS
7.1
All freestanding signs require a development permit except those signs exempted in
Section 4.
Figure 8.7.1
7.2
Billboards are not permitted in the Village of Barons.
7.3
Freestanding signs shall not contain off-premises sign content.
7.4
In residential districts freestanding signs shall be limited to monument signs and shall
not be permitted except for the following purposes:
(a) community / neighbourhood / subdivision identification purposes;
(b) approved multi-unit residential development projects;
(c) institutional projects and/or uses; and
(d) shall not exceed 1.21 m (4 ft) in height (see Figure 8.7.1 Dimension A).
7.5
Except for monument signs, the maximum height of a freestanding sign shall be 6.1m
(20 ft) with a minimum clearance from the bottom of the sign to the ground of 3.05 m
(10 ft) (see Figure 8.7.1 where Dimension A = 6.1 m and Dimension A minus C = 3.05 m).
Minimum clearance does not apply to pylon signs.
7.6
The total sign area for each face shall not exceed 7.0 m2 (75 ft2). Sign area is depicted in
Figure 8.8.1 as dimension B multiplied by dimension C.
SECTION 8
FASCIA SIGNS
8.1
All fascia signs require a development permit except those signs exempted in Section 4.
8.2
The total maximum sign area permitted for fascia signs is 20 percent of the area formed
by each building face or bay.
8.3
A fascia sign shall not project more than 0.3 m (1 ft) from the face of a building.
8.4
In all other districts, a window sign painted on, attached to or installed on a window
may cover no more than 50 percent of the subject window area.
Village of Barons Land Use Bylaw No. 677
SCHEDULE 8 | 7
Figure 8.8.1
Mural Signs
8.5
No more than one mural sign shall be allowed per building unless specifically authorized
by the Municipal Planning Commission.
8.6
The location, theme, construction materials and size associated with the mural shall be
to the satisfaction of the Development Authority.
8.7
The mural must be a painting or other decorative work (artistic rendering/scene) and no
mural shall be created to solely display a commercial message or depiction.
8.8
Display of text, including a business name or commercial message, within a mural shall
not exceed 10 percent coverage of the wall surface area, up to a maximum coverage
size of 9.3 m2 (100 ft2).
SECTION 9
PROJECTING SIGNS
9.1
All projecting signs require a development permit except those signs exempted in
Section 4.
Figure 8.9.1
SCHEDULE 8 | 8
Village of Barons Land Use Bylaw No. 677
9.2
Projecting signs are prohibited in all land use districts except Commercial - CO and
Industrial - IN.
9.3
Approval of any canopy signage overhanging public land under the sign regulations is
conditional upon the owners and/or occupiers of the premises upon which said sign is
located entering into an encroachment and hold harmless agreement with the Village of
Barons. The agreement may be registered on title.
9.4
No part of a sign shall project more than 1.2 m (4 ft) over a public sidewalk or within
0.9 m (3 ft) of a curb adjoining a public roadway.
9.5
Projecting signs shall be placed:
(a) at right angles to the building face to which they will be attached, or
(b) in the case of corner sites, placed at equal angles to the building faces that form
the corner.
9.6
Projecting signs shall have a minimum vertical clearance of 2.4 m (8 ft) measured
between the lower sign edge and grade.
SECTION 10
OTHER SIGNS
10.1
When a sign cannot be clearly categorized as one of the sign types as defined in this
bylaw, the Development Authority shall determine the sign type and any and all
applicable controls.
SECTION 11
DEFINITIONS
11.1
For the purpose of the Land Use Bylaw and this Schedule, the following definitions
apply:
A-BOARD means a temporary portable sign which is set on the ground, built of 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 1 person.
ABANDONED SIGN means a sign which advertises or identifies an activity, business,
owner, product, lessee or service which no longer exists or a sign for which no legal
owner can be found.
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.
AWNING means an adjustable or temporary roof-like covering fitted over windows and
doors and used for shelter, advertising or decoration.
BALLOON SIGN means any inflatable device used or employed as a sign that is anchored
to the ground or to a building or structure.
Village of Barons Land Use Bylaw No. 677
SCHEDULE 8 | 9
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.
BILLBOARD SIGN means a freestanding structure constructed to provide a medium for
advertising where the subject matter is not necessarily related to a use at or around the
parcel on which the billboard is located and where the copy can be periodically
replaced.
CANOPY means a permanent fixture fitted over windows and doors and used for
shelter, advertising or decoration.
CANOPY SIGN means a sign that is mounted, painted or otherwise attached to an
awning, canopy or marquee.
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.
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.
DIRECTIONAL AND INFORMATION SIGN means a sign the message of which is limited to
providing direction guidance, distance, facility or similar information and which may
contain a name or logo.
FASCIA SIGN means a sign attached across the face of the building, located
approximately parallel thereto, in such a manner that the wall becomes the supporting
structure for, or forms the background surface of the sign, which does not project more
than 0.3 m (1 ft) from the building.
FREESTANDING SIGN means a sign supported independently of a building, wall, or other
structure by way of columns, uprights, braces, masts or poles mounted in or upon
grade.
HOME OCCUPATION SIGN means a sign advertising a home occupation approved under
the Land Use Bylaw.
LUMINOSITY means the measurement of brightness.
MARQUEE means a permanent structure that projects over a public place, usually an
entrance, and is permanently attached to and supported by a building.
MULTI-TENANT SIGN means any type of sign that may contain sign content that
advertises more than one tenant and/or business.
SCHEDULE 8 | 10
Village of Barons Land Use Bylaw No. 677
MURAL SIGN means any picture, scene, graphic or diagram displayed on the exterior
wall of a building for the primary purpose of decoration or artistic expression and not
created to solely display a commercial message or depiction.
OFF-PREMISES SIGN means any type of sign that may contain sign content that
advertises or otherwise identifies a service, product or activity conducted, sold or
offered at a location other than the premises on which the sign is located.
OFF-PREMISES SIGN CONTENT means sign content which advertises or otherwise
identifies a service, product or activity conducted, sold or offered at a location other
than the premises on which the sign is located.
ON-PREMISES SIGN CONTENT means sign content which advertises a service, product
or activity conducted, sold or offered on the property that the sign is located.
OVERHANGING means that which projects over any part of any street, lane or other
municipally owned property.
PARAPET means the extension of a false front wall above a roof line.
POLITICAL POSTER SIGN means a temporary sign announcing or supporting candidates
or issues in any election or plebiscite.
PORTABLE SIGN means a sign that is not permanently affixed to a building, structure, or
the ground.
PROJECTING SIGN means a sign other than a canopy sign or fascia sign which is attached
to and projects, more than 0.3 m (1 ft) horizontally from a structure or building face.
REAL ESTATE SIGN means a sign advertising real estate (i.e. property) that is for sale, for
lease, or for rent or for real estate that has been sold.
RESIDENCY IDENTIFICATION SIGN means a sign located on a lot in a residential district
that provides for the name and/or address of the owner or occupant of a dwelling.
ROTATING SIGN means a sign or portion of a sign which moves in a revolving manner.
See below Section 8 for applicable sign type: e.g. freestanding sign, temporary sign, etc.
ROOF SIGN means any sign erected upon, against, or directly above a roof or on top of
or above the parapet of a building.
SHINGLE SIGN means a small sign which is suspended from a mounting attached directly
to the building wall. Shingle signs are generally placed perpendicular to the face of a
building and are typically found in pedestrian oriented environments such as a
downtown and/or historic district. See Projecting Signs.
SIGN means a lettered board or other public display intended for the advertising or
calling attention to any person, business, matter, object or event.
Village of Barons Land Use Bylaw No. 677
SCHEDULE 8 | 11
SIGN ALTERATION means the structural and/or projection style modification of a sign
but does not include the routine maintenance, painting or change in face, content, copy
or lettering.
SIGN AREA means the entire area within a single continuous perimeter enclosing the
extreme limits of a sign and in no case passing through or between any adjacent
elements of same. However, such perimeter shall not include any structural elements
lying outside the limits of such sign and not forming an integral part of the display.
SIGN CONTENT means the wording/lettering, message, graphics or content displayed on
a sign.
SIGN CONTENT AREA means the entire area within a single straight line geometric figure
or a combination of squares or rectangles that will enclose the extreme limits of the
advertising message or announcement including decorations related to the specific
nature of the advertising message or announcement.
SIGN HEIGHT means the vertical distance measured from the highest point of the sign or
sign structure to the finished grade.
SIGN ILLUMINATION means the lighting or exposure of a sign to artificial lighting either
by lights on or in the sign or directed toward the sign.
SIGN PROJECTION STYLE means the method by which the sign content is conveyed to
the viewer (e.g. lettering/logo, animation, changeable content, movement/motion).
SIGN TYPE means the type of structure of a sign (e.g. billboard, freestanding, temporary,
etc.) used to convey sign content.
TEMPORARY SIGN means any sign permitted, designed or intended to be displayed for a
short period of time (not to exceed 60 days), including portable signs, balloon signs,
developer marketing signs, land use classification signs, construction signs, political
poster signs, window signs, banner signs, A-board signs or any other sign that is not
permanently attached to a building, structure or the ground.
WINDOW SIGN means a sign painted on, attached to or installed on a window intended
to be viewed from outside the premises.
Schedule 9
TELECOMMUNICATION ANTENNA SITING PROTOCOL
Village of Barons Land Use Bylaw No. 677
SCHEDULE 9 | 1
Schedule 9
TELECOMMUNICATION ANTENNA SITING PROTOCOL
The intent of this schedule is to guide the telecommunications industry and amateur radio operators
through the process of tower siting within the municipality. This guide was developed in accordance
with Industry Canada siting protocols.
SECTION 1
MUNICIPAL APPROVAL
1.1
Proposals for freestanding telecommunication antennas shall not be required to obtain
a development permit but shall be required to make a submission to the Municipal
Planning Commission including:
(a) the information as listed in Section 2; and
(b) complete the notification and public consultation process found in Section 3.
1.2
Concurrence with the proponent's project will be measured against the requirements of
each district's requirements and criteria listed below. If all requirements are met the
Village of Barons will provide concurrence in the form of a written letter to the
proponent.
1.3
The following are excluded from submitting information for review:
(a) an antenna mounted on a building that projects less than 1.8 m (6 ft) in height
above the top of the building;
(b) commercial or industrial designated lands which are a minimum of 150.0 m (492 ft)
from residential designated lands or lands designated for public purpose.
SECTION 2
INFORMATION REQUIREMENTS
Co-utilization (Co-location)
2.1
All proponents for freestanding antenna structures will be requested to identify any
other such structures within a radius of 500.0 m (1640 ft) of the proposed location and
to provide documentary evidence that co-utilization of the existing or new structure is
not a viable alternative to a second structure.
Appearance
2.2
All proponents for antenna structures which are visible from residential areas may be
requested to employ innovative design measures to mitigate the visual impact of these
structures. The proponent shall provide stealth structure options when requested by
the municipality. Stealth structure options will be based on an evaluation of the
massing, form, colour, material, and other decorative elements, that will blend the
appearance of the facility into and with the surrounding lands.
SCHEDULE 9 | 2
Village of Barons Land Use Bylaw No. 677
Lighting and Signage
2.3
Lighting in addition to that which is required by applicable federal agencies shall be
avoided. Security lighting may be considered provided it meets the requirements of the
applicable land use district.
2.4
Only signage that is required by applicable federal agencies is permitted. No advertising
signage shall be permitted.
SECTION 3
NOTIFICATION AND PUBLIC CONSULTATION PROCESS
3.1
At the expense of the applicant, the municipality will notify all land owners within a
distance of 500.0 m (1640 ft) of the proposed structure.
3.2
With each notification, the proponent will be responsible to submit a letter providing
notification of the location of the tower, physical details of the tower, the time and
location of the public meeting, and a contact name and phone number of someone
employed by the proponent who can answer questions regarding the proposal. The
notifications should be sent 25 days prior to the public meeting.
3.3
The proponent shall be prepared to hold an open house regarding their development
proposal and should proactively explain all aspects of the siting, technology and
appearance of the proposed structure.
3.4
From the public meeting, the proponent will be responsible to provide the Municipal
Planning Commission with a copy of the agenda and the minutes indicating the topics
discussed, additional concerns raised with resolutions, and any outstanding issues that
the proponent and/or landowners could not resolve.
3.5
Where the public process has raised unresolved concerns about public health and
related effects of wireless communication technology, the Village of Barons will request
a ruling by Industry Canada prior to the issuance of a letter of concurrence.
APPENDIX A
Forms and Notices
V I L L A G E O F B A R O N S
R E S I D E N T I A L
D E V E L O P M E N T P E R M I T A P P L I C A T I O N
Date of Application:
Development Permit
Application No.
IMPORTANT NOTICE: This application does not permit you to commence construction until such time as a notice of decision has been
issued by the Development Authority. If approval has not been received within 40 days of the date the application is deemed complete,
you have the right to file an appeal to the Subdivision and Development Appeal Board.
THIS DOES NOT CONSTITUTE A BUILDING PERMIT.
A SEPARATE BUILDING PERMIT MUST BE OBTAINED BEFORE CONSTRUCTION BEGINS.
APPLICANT INFORMATION
Name of Applicant:
Mailing Address:
Phone:
Phone (alternate):
City:
Fax:
Postal Code:
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Mailing Address:
Phone:
Phone (alternate):
City:
Fax:
Postal Code:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other
PROPERTY INFORMATION
Municipal Address:
Legal Description:
Lot(s)
Block
Plan
Land Use District:
What is the existing use?
IF "NO"
DEVELOPMENT INFORMATION
This application is to: (Check all that apply)
Construct a new dwelling ( if greater than 500 ft 2see abandoned well information section)
The dwelling is a:
Single-detached dwelling
Duplex/semi-detached
Multi-unit
Other
Alter/renovate the existing building
The renovation is a:
Addition ( if greater than 500 ft 2see abandoned well information section)
Deck(s) ( if greater than 500 ft 2see abandoned well information section)
Other
Construct an accessory building
The accessory building is a:
Garage (detached) ( if greater than 500 ft 2see abandoned well information section)
Shed/workshop ( if greater than 500 ft 2see abandoned well information section)
Other
Move in building ( if greater than 500 ft 2see abandoned well information section)
Demolish existing building (attach completed Building Removal Form)
Other
Describe the proposed use, any changes from existing use, and any work to be done.
BUILDING REQUIREMENTS
Principal Building
Accessory Building
Office Use
Parcel Size
m2
sq. ft.
m2
sq. ft.
Building Size
m2
sq. ft.
m2
sq. ft.
Height of Building
m
ft.
m
ft.
Proposed Setbacks from Property Lines
Front
m
ft.
m
ft.
Rear
m
ft.
m
ft.
Side
m
ft.
m
ft.
Side
m
ft.
m
ft.
Parcel Type: Interior Lot Corner Lot
ABANDONED WELL INFORMATION
This applies to developments that require a new permit from the municipality for:
new buildings larger than 500 sq. ft. (47 sq. m.), or
additions to buildings that will result in the building being this size or larger.
If your development proposal fits the criteria above, you are required to do the following:
1.
Obtain map and well information
Please go to the ERCB's Abandoned Well Viewer (viewer) on the ERCB website at www.ercb.ca. The viewer will provide
a map identifying all recorded abandoned well surface locations in the selected area and list any additional details that
are available, including the licensee(s) of record and the latitude and longitude of each well's surface location.
If you do not have Internet access or have questions about the information provided by the viewer, you may contact:
the ERCB Customer Contact Centre by telephone at: 1-855-297-8311 (toll-free), or
by e-mail at: Inquiries@ercb.ca, or
the ERCB Information Services by mail at: Suite 1000, 250 - 5 Street SW, Calgary, Alberta T2P 0R4.
2. Submit the following as part of your development permit application
the ERCB information, including a map of the search area from the viewer and a statement that there are no wells
in the project area or a list and map identifying the location of abandoned wells within the search area (including
the surface coordinates, as provided by the viewer or ERCB Information Services); and
if an abandoned well is present, a detailed site plan must be provided that accurately illustrates the actual well
location (i.e. latitude, longitude) on the subject parcel as identified in the field and the setback established in the
ERCB Directive 079 (a minimum 5 m radius around the well) in relation to existing or proposed building sites.
If there is an abandoned well located in the area of the proposed surface development, the applicant is advised to
contact the well licensee of record for any additional information that may be needed or to physically locate the well,
and to discuss the proposed development and abandoned well issue in more detail.
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Development Permit. I also consent to an authorized person designated by the municipality
to enter upon the subject land and buildings for the purpose of an inspection during the processing of this application.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept on
file by those agencies. The application and related file contents will become available to the public and are subject to the
provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
APPLICANT
Registered Owner (if not the same as applicant)
DEVELOPMENT APPLICATION SUBMISSION REQUIREMENTS
The following items shall be attached to all Development Permit Applications for new buildings or exterior changes to
existing buildings. This is not an exhaustive list and the Designated Officer may request additional information that is
required to assess the application.
Copy of Site Plan. Site plan shall provide the following information:
(May be provided on a survey plan or a sketch on the following page)
Legal Description and Municipal Address of Subject Property
Scale, North Arrow & Land Use District
Adjacent roadways & lanes
Lot Dimensions, Lot Area, and Percentage of Lot Coverage for all structures
Existing residence and/or any other buildings with dimensions of foundation and projections including decks
(indicate using a solid line )
Proposed residence and/or any other buildings with dimensions of foundation and projections including
decks (indicate using a dashed line )
The proposed distances from the front, side, and rear property lines
Location of Lot Access, Existing Sidewalk(s) and Curbs
Location of Fire Hydrant, Street Light, Power/Telephone/Cable Pedestal(s) (if located within property
frontage)
Location of any Registered Utility Right of Ways or easements
Number of off-street parking spaces
Copy of Building Plans. Plans shall be to scale and contain the following information:
Scale and Dimensions of Exterior Walls and Interior Rooms
Floor Plan of all living space proposed to be developed
Building Elevations including Front, Sides, and Rear elevations, Building Height (From Finished Grade),
Roofing Material, and Roof Pitch
Map or additional information from the ERCB regarding location of abandoned wells.
If applicant is not the registered owner, a written statement (or this application) signed by the registered owner
consenting to this application.
Application Fee Payable to the Village of Barons.
V I L L A G E O F B A R O N S
R E S I D E N T I A L D E V E L O P M E N T P E R M I T A P P L I C A T I O N
V I L L A G E O F B A R O N S
N O N - R E S I D E N T I A L
D E V E L O P M E N T P E R M I T A P P L I C A T I O N
Date of Application:
Development Permit
Application No.
IMPORTANT NOTICE: This application does not permit you to commence construction until such time as a notice of decision has been
issued by the Development Authority. If a decision has not been received within 40 days of the date of application and no extension
agreement has been entered into, you have the right to deem the application refused and file an appeal to the Subdivision and
Development Appeal Board.
THIS DOES NOT CONSTITUTE A BUILDING PERMIT.
A SEPARATE BUILDING PERMIT MUST BE OBTAINED BEFORE CONSTRUCTION BEGINS.
APPLICANT INFORMATION
Name of Applicant:
Mailing Address:
Phone:
Phone (alternate):
City:
Fax:
Postal Code:
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Mailing Address:
Phone:
Phone (alternate):
City:
Fax:
Postal Code:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other
PROPERTY INFORMATION
Municipal Address of
Development:
Legal Description:
Lot(s)
Block
Plan
Land Use District:
What is the existing use?
IF "NO"
DEVELOPMENT INFORMATION
This application is to: (Check all that apply)
Construct a new building ( if greater than 500 ft 2see abandoned well information section)
The building is for:
Commercial Use
Industrial Use
Public/Institutional Use
Alter/renovate the existing building ( if greater than 500 ft 2see abandoned well information section)
Construct an accessory building ( if greater than 500 ft 2see abandoned well information section)
Demolish existing building (attach completed Building Removal Form)
Change in or intensification of use
Describe the proposed use, any changes from existing use, and any work to be done.
BUILDING REQUIREMENTS
Principal Building
Accessory Building
Office Use
Parcel Size
m2
sq. ft.
m2
sq. ft.
Building Size
m2
sq. ft.
m2
sq. ft.
Height of Building
m
ft.
m
ft.
Proposed Setbacks From Property Lines
Front
m
ft.
m
ft.
Rear
m
ft.
m
ft.
Side
m
ft.
m
ft.
Side
m
ft.
m
ft.
Parcel Type: Interior Lot Corner Lot
ABANDONED WELL INFORMATION
This applies to developments that require a new permit from the municipality for:
new buildings larger than 500 sq. ft. (47 sq. m.), or
additions to buildings that will result in the building being this size or larger.
If your development proposal fits the criteria above, you are required to do the following:
1.
Obtain map and well information
Please go to the ERCB's Abandoned Well Viewer (viewer) on the ERCB website at www.ercb.ca. The viewer will provide
a map identifying all recorded abandoned well surface locations in the selected area and list any additional details that
are available, including the licensee(s) of record and the latitude and longitude of each well's surface location.
If you do not have Internet access or have questions about the information provided by the viewer, you may contact:
the ERCB Customer Contact Centre by telephone at: 1-855-297-8311 (toll-free), or
by e-mail at: Inquiries@ercb.ca, or
the ERCB Information Services by mail at: Suite 1000, 250 - 5 Street SW, Calgary, Alberta T2P 0R4.
2. Submit the following as part of your development permit application
the ERCB information, including a map of the search area from the viewer and a statement that there are no wells
in the project area or a list and map identifying the location of abandoned wells within the search area (including
the surface coordinates, as provided by the viewer or ERCB Information Services); and
if an abandoned well is present, a detailed site plan must be provided that accurately illustrates the actual well
location (i.e. latitude, longitude) on the subject parcel as identified in the field and the setback established in the
ERCB Directive 079 (a minimum 5 m radius around the well) in relation to existing or proposed building sites.
If there is an abandoned well located in the area of the proposed surface development, the applicant is advised to
contact the well licensee of record for any additional information that may be needed or to physically locate the well,
and to discuss the proposed development and abandoned well issue in more detail.
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Development Permit. I also consent to an authorized person designated by the municipality
to enter upon the subject land and buildings for the purpose of an inspection during the processing of this application.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept on
file by those agencies. The application and related file contents will become available to the public and are subject to the
provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
APPLICANT
Registered Owner (if not the same as applicant)
DEVELOPMENT APPLICATION SUBMISSION REQUIREMENTS
The following items shall be attached to all Development Permit Applications for new buildings or exterior changes to
existing buildings. This is not an exhaustive list and the Designated Officer may request additional information that is
required to assess the application.
Copy of Site Plan. Site plan shall provide the following information:
(May be provided on a survey plan or a sketch on the following page)
Legal Description and Municipal Address of Subject Property
Scale, North Arrow & Land Use District
Adjacent roadways & lanes
Lot Dimensions, Lot Area, and Percentage of Lot Coverage for all structures
Any buildings with dimensions of foundation and projections
The proposed distance from the front, side, and rear property lines
Location of Lot Access, Existing Sidewalk(s) and Curbs
Location of Fire Hydrant, Street Light, Power/Telephone/Cable Pedestal(s) (if located within property
frontage)
Location of any Registered Utility Right of Ways and easements
Landscaping plan
Lighting plan
Number and location of parking spaces, both on and off-street
Copy of Building Plans. Plans shall be to scale and contain the following information:
Scale and Dimensions of Exterior Walls and Interior Rooms
Floor Plan of the space proposed to be developed
Building Elevations including Front, Sides, and Rear elevations, Building Height (From Finished Grade),
Roofing Material, and Roof Pitch
Map or additional information from the ERCB regarding location of abandoned wells.
If applicant is not the registered owner, a written statement (or this application) signed by the registered owner
consenting to this application.
Application Fee Payable to the Village of Barons.
V I L L A G E O F B A R O N S
N O N - R E S I D E N T I A L D E V E L O P M E N T P E R M I T A P P L I C A T I O N
Page 1 of 2
Application No.
Permit No.
THIS DOES NOT CONSTITUTE A BUILDING PERMIT.
A SEPARATE BUILDING PERMIT MUST BE OBTAINED BEFORE CONSTRUCTION BEGINS.
This permit, respecting development involving: ______________________________________________________________
______________________________________________________________________________________________________
(as further described in Application No. __________________ ) is hereby issued to _________________________________
with:
no conditions
the following conditions:
No development authorized by the issue of this permit shall commence:
(a)
less than17 days after the issue of this permit, or
(b) if an appeal is made, until the appeal is decided upon.
After the 17-day period, if no appeal is made, you are hereby authorized to proceed with the development specified,
provided that any stated conditions are complied with, the development is in accordance with the application and plans
as approved, and that a building permit is obtained if construction is involved. If an appeal is made on this permit to the
Subdivision and Development Appeal Board, this permit shall be null and void. Anyone commencing development
before this permit becomes valid does so at his or her own risk.
This permit is issued on ___________________________ , _________ and becomes valid 17 days after the date of its issue
on ____________________________ , _________ .
Notification to Applicant: _____________________ , _________
Signed: ____________________________________
Designated Officer - Village of Barons
SEE IMPORTANT INFORMATION ON REVERSE
V I L L A G E O F B A R O N S
D E V E L O P M E N T P E R M I T
Page 2 of 2
TERMS APPLICABLE TO DEVELOPMENT PERMIT
CONDITIONS
OF DECISION
The decision on this application applies only to the use and development described in the
decision. A separate application is required for the extension or amendment of a development
permit, or any other development (e.g. signs) not included in this application.
APPEAL
The Municipal Government Act provides that any person affected by the issue of a development
permit may appeal to the Subdivision and Development Appeal Board by serving written notice to
the secretary of the Subdivision and Development Appeal Board within 14 days of the date this
permit was issued.
PERMIT
EXPIRY
A development permit expires 12 months from the date of its issue, if the development or use
authorized by the permit has not been commenced or carried out with reasonable diligence
within 12 months from the date of its issue, in accordance with administrative procedures of the
Land Use Bylaw.
PERMIT NOT
TRANSFERABLE
A development permit is valid only for the location for which it is issued, but a development
permit may be transferred to another person in certain instances (subject to and in accordance
with administrative procedures of the Land Use Bylaw) provided that the designated officer issues
a written consent which authorizes the transfer.
PERMIT
AUTHORITY
A development permit indicates that only the development to which it relates is authorized in
accordance with the provisions of the Land Use Bylaw and in no way relieves or excuses the
applicant from complying with the Land Use Bylaw or any other bylaw of the municipality or any
applicable provincial or federal legislation.
OTHER PERMITS
AND LICENCES
A development permit is not a building permit, plumbing permit, electrical permit, a permit to
install underground or above-ground fuel tanks, a permit issued by a Public Health Inspector, or a
business licence. These and other separate permits or licences may be required by municipal,
provincial or federal authorities.
Page 1 of 3
Date of Application:
Application No.
Date Deemed Complete:
APPLICANT INFORMATION
Name of Applicant:
Mailing Address:
Phone:
Phone (alternate):
City:
Fax:
Postal Code:
PROPERTY INFORMATION
Municipal Address of
Development:
Legal Description:
Lot(s)
Block
Plan
Land Use District:
What is the existing use?
DEMOLITION/REMOVAL INFORMATION
A development permit is required to demolish or remove a building or structure from a site. The demolition/removal
permit process ensures that buildings are dismantled and removed in a safe manner and that the land will be left in a
suitable state after removal. The following is not an exhaustive list and the Designated Officer may request additional
information that is required to assess the application.
STRUCTURES TO BE REMOVED
Description of Building/Structure(s)
Type of Work
Removal to another site (no demolition)
Demolition of building/structure
Building Size
m2
ft2
Height of Building
m
ft
# of storeys
V I L L A G E O F B A R O N S
D E M O L I T I O N F O R M
Page 2 of 3
DEMOLITION PLAN
Timeframe
Expected start date:
Expected completion date:
Method of Demolition
Manual (no heavy
equipment)
Using heavy
equipment
Other - please
explain
Dump Site Location
**Note:
Construction debris should be dumped in an approved certified site whenever possible. If that is not
possible, approval must be obtained from Alberta Environment.**
Name of Contractor responsible for removal/demolition
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Development Permit. I also consent to an authorized person designated by the municipality
to enter upon the subject land and buildings for the purpose of an inspection during the processing of this application.
IMPORTANT: This personal information is being collected under the authority of the Village of Barons for development. It is
protected by the privacy provisions of the Freedom of Information and Protection of Privacy Act. For more information
contact the Village of Barons FOIP Coordinator at 403-757-3633.
APPLICANT
Registered Owner (if not the same as applicant)
Page 3 of 3
APPLICANT IS RESPONSIBLE FOR:
Disconnection of all services including (if applicable):
Signature from agency verifying services disconnected (or attach letter):
Electrical power
Natural gas
Oil lines
Telephone cables
Communications cables (includes cable TV)
Water lines
Storm & sanitary sewer
Septic
On-site consultation with Public Works Director. The applicant shall schedule a consultation with the Public
Works Director a minimum of 48 hours prior to demolition or removal commencing to determine the state of
affected public property.
Final plan for property after building removed or demolished and reclamation complete. As applicable:
Copy of grading plans if property will be vacant after removal or demolition
Complete development application for new development where building is being replaced
A completed Development Application. This form shall accompany a complete development application with
the consent of the registered owner and any other required documentation.
Application Fee and any applicable deposit or security required payable to the Village of Barons.
**NOTE:
A building permit is also required before proceeding with demolition.
Page 1 of 2
Date of Application:
Development Permit
Application No.
Date Deemed Complete:
IMPORTANT NOTICE: This application does not permit you to operate the business until such time as a notice of decision has been issued
by the Development Authority. If a decision has not been received within 40 days of the date of application and no extension agreement
has been entered into, you have the right to deem the application refused and file an appeal to the Subdivision and Development Appeal
Board.
APPLICANT INFORMATION
Name of Applicant:
Mailing Address:
Phone:
Phone (alternate):
City:
Fax:
Postal Code:
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Phone:
Mailing Address:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other ______________________________
City:
Postal Code:
PROPERTY INFORMATION
Municipal Address of
Home Occupation:
Legal Description:
Lot(s)
Block
Plan
V I L L A G E O F B A R O N S
H O M E O C C U P A T I O N
D E V E L O P M E N T P E R M I T A P P L I C A T I O N
IF "NO" please complete box below
Page 2 of 2
BUSINESS DESCRIPTION
(1) Describe the primary function of your business. What goods and/or services are provided? Attach an
additional sheet describing the business.
(2) Is there another home occupation already operating out of the residence?
Yes
No
(3) Where will the business operate from?
In-home
Accessory building
(4) How will you interact or do business with your clients or customers?
In person. Clients/customers will come to the residence. On average, how many clients will come to the
residence?
Less than 1 per day
1-5 per day
More than 5 per day
Remotely. Clients/customers will not be coming to the residence but will only be in contact by:
Phone
Fax
Mail
Courier
Internet/Email
(5) How many on-site parking spaces for any client visits, deliveries, etc. will be available?
(6) What will the days of operation be?
Mon-Fri
Weekends
7 days/wk
Part-time
(7) What will be the hours of operation?
(8) Will there be any employees that are not residents of the dwelling?
Yes
No
If YES:
How many employees will come to the residence?
Will more than 1 employee come to the residence at a time?
Yes
No
(9) Will there be any equipment or materials stored outside the dwelling that will be used in conjunction with
the business?
Yes (list materials & quantities)
No
(10) Will any vehicles/machinery/tools be used to operate the business? Please list.
(11) Will there be any flammable or hazardous materials on the premises as a result of the business?
Yes (list materials & quantities)
No
(12) Will any goods be displayed at the residence?
Yes
No
(13) Will there be a sign for the business?
Yes
No
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Home Occupation. I also consent to an authorized person designated by the municipality to
enter upon the subject land and buildings for the purpose of an inspection during the processing of this application.
IMPORTANT: This personal information is being collected under the authority of the Village of Barons for development. It is
protected by the privacy provisions of the Freedom of Information and Protection of Privacy Act. For more information
contact the Village of Barons FOIP Coordinator at 403-757-3633.
APPLICANT
Registered Owner (if not the same as applicant)
Page 1 of 2
Date of Application:
Sign Permit
Application No.
Date Deemed Complete:
IMPORTANT NOTICE: This application does not permit you to install the sign until such time as a notice of decision has been issued by the
Development Authority. If a decision has not been received within 40 days of the date of application and no extension agreement has
been entered into, you have the right to deem the application refused and file an appeal to the Subdivision and Development Appeal
Board.
APPLICANT INFORMATION
Name of Applicant:
Mailing Address:
Phone:
Phone (alternate):
City:
Fax:
Postal Code:
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Phone:
Mailing Address:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other ______________________________
City:
Postal Code:
SIGN INFORMATION
TYPE OF WORK:
New Permanent Sign
Changes to Existing Sign
Temporary Sign
Sign Location (Civic Address):
Are there any other signs at this location?
Yes
If yes, please state how many:
________________________
No
V I L L A G E O F B A R O N S
S I G N A P P L I C A T I O N
DEVELOPMENT PERMIT
IF "NO" please complete box below
Page 2 of 2
SIGN TYPE*:
Temporary
Canopy
Window
Freestanding
Fascia
Mural
Projecting
Other
**Billboard signs are not permitted in
the Village
PROJECTION STYLE:
Mark any or all that apply
Lettering / logo
Manual changeable lettering
content
Electronic changeable
lettering content
Animation
Movement / rotation
ILLUMINCATION:
Mark any or all that apply
No illumination
Direct illumination
Internal illumination
Flashing
Office Use
Length of Sign:
m2
ft2
Height of Sign:
m2
ft2
Sign Face Area (length x height):
m
ft
Top of Sign Height:
from Grade:
m
ft
from Roof:
m
ft
If the sign is only for temporary use:
For how many days is the sign proposed to be displayed?
_____________ days
SITE PLAN
**Please attach a plan drawn to a suitable scale and photographs, if available, illustrating:
Location of all existing and proposed sign(s) on the property
Size, height, and other dimensions of the proposed sign(s), including any supporting structures
Details of sign content (wording, lettering, graphics, colour and design scheme, materials, etc.)
Location of the property boundaries of the parcel upon which the proposed sign(s) are to be located
Setbacks from property lines of proposed sign(s) and existing building(s)
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Sign.
IMPORTANT: This personal information is being collected under the authority of the Village of Barons for development. It is
protected by the privacy provisions of the Freedom of Information and Protection of Privacy Act. For more information
contact the Village of Barons FOIP Coordinator at 403-757-3633.
APPLICANT
Registered Owner (if not the same as applicant)
Page 1 of 3
A refusal is not appealable and a subsequent application for amendment involving the same lot and/or the same or
similar use may not be made for at least 6 months after the date of refusal.
Date of Application:
Bylaw No.
Date Deemed Complete:
IMPORTANT NOTE: Although the Designated Officer is in a position to advise on the principle or details of any proposals,
such advice must not be taken in any way as official consent.
APPLICANT INFORMATION
Name of Applicant:
Mailing Address:
Phone:
Phone (alternate):
City:
Fax:
Postal Code:
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Phone:
Mailing Address:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other _______________________________
City:
Postal Code:
PROPERTY INFORMATION
Municipal Address:
Legal Description:
Lot(s)
Block
Plan
OR Quarter
Section
Villageshi
p
Range
V I L L A G E O F B A R O N S
A P P L I C A T I O N F O R A
S T A T U T O R Y P L A N A M E N D M E N T
IF "NO" please complete box below
Page 2 of 3
AMENDMENT INFORMATION
What is the proposed amendment?
Text Amendment
Land Use Redesignation
For text amendments, attach a description including:
The section to be amended;
The change(s) to the text; and
Reasons for the change(s).
Current Land Use Designation:
Proposed Land Use Designation
(if applicable):
Map Attached
Section 50 & 51 of the Land Use Bylaw regulates the information required to accompany an application for redesignation.
Please attach a descriptive narrative detailing:
The proposed designation and future land use(s);
If and how the proposed redesignation is consistent with applicable statutory plans;
The compatibility of the proposal with surrounding uses and zoning;
The development suitability or potential of the site, including identification of any constraints and/or hazard
areas (e.g. easements, soil conditions, topography, drainage, etc.);
Availability of facilities and services (sewage disposal, domestic water, gas, electricity, fire and police
protection, schools, etc.) to serve the subject property while maintaining adequate levels of service to existing
development; and
Any potential impacts on public roads.
In addition to the descriptive narrative, an Area Structure Plan or Conceptual Design Scheme may be required in
conjunction with this application where:
redesignating land from Transitional to another district;
multiple parcels of land are involved;
more than four lots could be created;
several pieces of fragmented land are adjacent to the proposal;
internal public roads would be required;
municipal services would need to be extended; or
required by Council or the Subdivision and Development Authority.
The Designated Officer or the Subdivision and Development Authority may also require a:
geotechnical report; and/or
evaluation of surface drainage and any other information
if deemed necessary by the Designated Officer or the Municipal Planning Commission.
IF TEXT AMENDMENT:
IF LAND USE REDESIGNATION:
Page 3 of 3
SITE PLAN
Plans and drawings, in sufficient detail to enable adequate consideration of the application, must be submitted in duplicate
with this application, together with a plan sufficient to identify the land. It is desirable that the plans and drawings should
be on a scale appropriate to the development. However, unless otherwise stipulated, it is not necessary for plans and
drawings to be professionally prepared. Council may request additional information.
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application. I also consent to an authorized person designated by the municipality to enter upon the subject
land and buildings for the purpose of an inspection during the processing of this application.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept on
file by those agencies. The application and related file contents will become available to the public and are subject to the
provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
APPLICANT
Registered Owner (if not the same as applicant)
Page 1 of 4
Date of Application:
APPLICANT INFORMATION
Name of Applicant
(please print):
Phone (primary):
Mailing Address:
Phone (alternate):
Fax:
City:
Email:
Postal Code:
Check this box if you would like to
receive documents through email.
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Phone:
Mailing Address:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other _______________________________
City:
Postal Code:
PROPERTY INFORMATION
Municipal Address:
Legal Description:
Lot(s)
Block
Plan
Land Use District:
What is the existing use?
V I L L A G E O F B A R O N S
T E L E C O M M U N I C A T I O N S I T I N G
P R O T O C O L A P P L I C A T I O N & C H E C K L I S T
IF "NO" please complete box below
Page 2 of 4
DETAILS OF THE PROPOSED DEVELOPMENT
What currently exists on the parcel?
What will the tower be used for?
TOWER SIZE
Overall tower height ___________________ m ft
Commencement Date: ___________________
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts. I
also consent to an authorized person designated by the municipality to enter upon the subject land and buildings for the
purpose of an inspection during the processing of this application.
IMPORTANT: This personal information is being collected under the authority of the Village of Barons for development. It is
protected by the privacy provisions of the Freedom of Information and Protection of Privacy Act. For more information
contact the Village of Barons FOIP Coordinator at 403-757-3633.
APPLICANT
Registered Owner (if not the same as applicant)
Page 3 of 4
V I L L A G E O F B A R O N S
T E L E C O M M U N I C A T I O N S I T I N G
P R O T O C O L A P P L I C A T I O N & C H E C K L I S T
TELECOMMUNICATION SITING PROTOCOL CHECKLIST
A COMPLETED APPLICATION REQUIRES:
1. A completed checklist
2. Non-refundable application fee
3. Signature of ALL landowners
4. Any additional information requested by the Development Authority
CHECKLIST INFORMATION:
Failure to complete the Application or supply the required information, plans or fees may cause delays
in application processing.
The Development Authority may refuse to accept your application if the required information has not
been supplied or if the quality of the information is inadequate to properly evaluate the application.
Once the information has been reviewed, the Village of Barons will either:
o Issue a municipal concurrence letter to the applicant, or
o Issue a letter which outlines the municipality's concerns and/or conditions to the applicant and
Industry Canada
Construction permits may be required for buildings/tower foundations, plumbing, private sewage
systems, and gas or electrical installations.
FEES
Copying and distribution of required notification letters
$1.50/letter
Payment required for
distribution of letters will
be the application fee
Distribution of required notification letters
$1.00/letter
If the applicant can prove that notification to all required adjacent landowners has been done, then no fee is required.
For fees not listed here, please see the full Fee Schedule
Page 4 of 4
CHECKLIST
Please attach a description of the project summarizing the information required in the following table.
REQUIREMENT
IS THIS REQUIRED?
YES OR NO
SUBMITTED?
YES, NO OR N/A
Co-utilization:
Are there any other such structures within a radius of 500 m
(1640 ft.) of the proposed location?
If YES, please provide a site plan showing the locations of
these and provide documentary evidence that co-
utilization of the existing structure(s) is not a viable
alternative to a second structure
Stealth Structure Options/Screening:
If this structure will be visible from residential areas stealth
structure options must be used and a description of the
stealth structure options must be submitted to the
satisfaction of the Village.
Lighting and Signage:
Is there additional lighting planned in addition to what is
required by federal agencies? Please provide a description of
all lighting, required or not required.
What signage will be used? Please describe. No advertising
signage shall be permitted.
Notification & Public Consultation Process:
All landowners within a distance of 3.2 km (2 miles) from the
proposed structure must be notified. Please provide a letter
that the Village can circulate on your behalf.
The fee for copying and distributing these letters is
$1.50/letter. _______ x $1.50/letter = ______ total
The fee for only distributing these letters is $1.00/letter
_______ x $1.00/letter = ______ total
APPENDIX B
Subdivision and Development Authority /
Municipal Planning Commission Bylaw No. 681
VILLAGE OF BARONS
IN THE PROVINCE OF ALBERTA
SUBDIVISION AND DEVELOPMENT AUTHORITY/MUNICIPAL PLANNING
COMMISSION BYLAW NO. _______
BEING a bylaw of the Village of Barons in the Province of Alberta, to establish a municipal Subdivision
and Development Authority and Municipal Planning Commission;
AND WHEREAS, the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26 as
amended requires the municipality to adopt a bylaw to establish a municipal Subdivision Authority and a
municipal Development Authority;
AND WHEREAS, the Subdivision Authority is authorized to make decisions on applications for
subdivision approval in accordance with the provincial land use policies, the subdivision and development
regulations, the local land use bylaw and statutory plans;
AND WHEREAS, the Development Authority is authorized to make decisions on applications for
development approval in accordance with the administrative procedures, land uses and schedules
established in the municipal land use bylaw;
AND WHEREAS, the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26 as
amended permits the municipality to adopt a bylaw to establish a Municipal Planning Commission to act as
the municipal Subdivision Authority and Development Authority;
AND WHEREAS, this bylaw may be cited as the Village of Barons Subdivision and Development
Authority/Municipal Planning Commission Bylaw;
NOW THEREFORE, the Council of the Village of Barons in the Province of Alberta duly assembled,
enacts as follows:
1.
DEFINITIONS:
(a)
Act means the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26,
as amended from time to time.
(b) Municipality means the Village of Barons in the Province of Alberta.
(c) Council means the Municipal Council of the Village of Barons.
(d) Subdivision and Development Authority means the person or persons appointed, by bylaw, to
exercise only such powers and perform duties as are specified:
(i)
in the Act; or
(ii) in the Village of Barons Land Use Bylaw; or
(iii) in this bylaw; or
(iv) by resolution of council.
(e)
Designated officer means a person or persons authorized to act as the designated officer for the
municipality as established by bylaw.
(f)
Development officer means a person or persons authorized to act as the development officer for
the municipality as established by the Village of Barons Land Use Bylaw.
(g) Members means the members of the Subdivision and Development Authority.
(h) Municipal Planning Commission means the person or persons appointed to exercise and
perform the Development Authority and Subdivision Authority powers and duties on behalf of
the municipality as are specified:
(i)
in the Act; or
(ii) in the Village of Barons Land Use Bylaw; or
(iii) in this bylaw; or
(iv) by resolution of council.
(i)
Secretary means the person or persons appointed by council to act as secretary of the
Subdivision and Development Authority.
(j)
Authorized persons means a person, organization, services commission, or intermunicipal
service agency authorized by the council to which the municipality may delegate any of its
Subdivision Authority and/or Development Authority powers, duties or functions.
(k) All other terms used in this bylaw shall have the meaning as is assigned to them in the Municipal
Government Act, as amended from time to time.
2.
This bylaw hereby establishes a Subdivision and Development Authority and Municipal Planning
Commission in accordance with the Act.
3.
For the purpose of this bylaw, the Subdivision and Development Authority for the municipality shall
be the Municipal Planning Commission, except in such instances whereby the Development Officer
may be the Development Authority in accordance with the land use bylaw. The Development Officer
and the Municipal Planning Commission are authorized to act as Designated Officer for the purposes
of the land use bylaw.
4.
The Municipal Planning Commission shall be comprised of three (3) persons, two (2) of whom shall
be an elected member of Council and one (1) of whom shall be appointed by Council from the
citizens of the Village at large. Council may appoint as many alternate members as deemed
appropriate by Council from the citizens at large.
5.
Appointments to the Municipal Planning Commission shall be made by resolution of Council.
6.
Appointments to the Municipal Planning Commission shall be made for a term of three (3) years.
7.
When a person ceases to be a member of the Municipal Planning Commission before the expiration of
his/her term, Council shall, by resolution, appoint another person for the unexpired portion of that
term.
8.
Should an elected official not remain as a member of Council then he/she ceases to be a member of
the Municipal Planning Commission. Council, shall, by resolution, appoint another elected official
for the unexpired portion of that term.
9.
After the organizational meeting of Council each year, the members of the Municipal Planning
Commission shall elect one of themselves as chairman, and one of themselves as vice-chairman to
hold office for a term of one year.
10. Each member of the Municipal Planning Commission shall be entitled to such remuneration,
travelling, and living expenses as may be fixed from time to time by Council; and the remuneration,
travelling, and living expenses shall be paid by the Village of Barons.
11. Council may, by resolution, appoint a secretary who shall be an employee of the municipality and
shall attend all meetings of the Municipal Planning Commission, but shall not vote on any matter
before the Municipal Planning Commission.
12. The Municipal Planning Commission shall hold meetings only as required on a date to be determined
by the Municipal Planning Commission, and it may also hold special meetings at any time at the call
of the chairman or vice-chairman.
13. Two (2) members of the Municipal Planning Commission shall constitute a quorum.
14. The decision of the majority of the members present at a meeting shall be deemed to be the decision
of the whole Municipal Planning Commission.
15. The Municipal Planning Commission may make rules to govern its meetings.
16. Members of the Municipal Planning Commission shall not be members of the Subdivision and
Development Appeal Board.
17. The secretary shall attend all meetings of the Municipal Planning Commission and shall keep the
following records with respect thereto:
(a) the minutes of all meetings;
(b) all applications;
(c) records of all notices of meetings and or persons to whom they were sent;
(d) copies of all written representations to the Municipal Planning Commission;
(e) notes as to each representation;
(f)
the names and addresses of those making representations at the meeting;
(g) the decision of the Municipal Planning Commission;
(h) the reasons for the decision of the Municipal Planning Commission;
(i)
the vote of the members of the Municipal Planning Commission on the decision;
(j)
records of all notices of decision and of persons to whom they were sent;
(k) all notices, decisions and orders made on appeal from the decision of the Subdivision and
Development Authority;
(l)
such other matters as the Municipal Planning Commission may direct.
18. The Subdivision and Development Authority may make orders, decisions, development permits, and
approvals, and may issue notices with or without conditions.
19. The municipality may by bylaw delegate any of its subdivision authority or development authority
powers, duties or function to an authorized person or a regional services commission.
20. This bylaw shall come into effect upon third and final reading thereof.
21. Bylaw No. 578, being a bylaw of the Village of Barons in the province of Alberta to establish a
municipal Development Authority and Bylaw No. 579, being a bylaw of the Village of Barons in the
province of Alberta to establish a municipal Subdivision Authority, and amendments thereto are
hereby rescinded.
READ a first time this _______ day of ____________________, 2012.
_________________________________________
________________________________________
Mayor - Ron Gorzitza
Chief Administrative Officer - Laurie Beck
READ a second time this _______ day of ____________________, 2012.
_________________________________________
________________________________________
Mayor - Ron Gorzitza
Chief Administrative Officer - Laurie Beck
READ a third time and finally PASSED this _______ day of ____________________, 2012.
_________________________________________
________________________________________
Mayor - Ron Gorzitza
Chief Administrative Officer - Laurie Beck