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Big Lakes County
Land
Use
Bylaw
Bylaw No. 26-2024
February 2025
Office Consolidation
August 2026
Amendments to Land Use Bylaw No. 26-2024
BYLAW No.
3rd READING
LEGAL ADDRESS
APPLICANT
SUBJECT
08-2025
July 9, 2025
Plan 252 ______,
Block 1, Lot 2
Howard & Melinda
Tanghe
Redistrict from Agriculture (AG)
District to Country Residential (CR)
District
09-2025
July 23, 2025
Section 4.33 &
Definitions
Big Lakes County
Add regulations for the keeping of
livestock in the CR District and add
definition of 'Livestock'.
16-2025
January 14, 2026
Plan 262 ______,
Block 1, Lot 2
Violet Komisar
Redistrict from Agriculture (AG)
District to Country Residential (CR)
District
19-2025
January 14, 2026
Lesser Slave Lake
Settlement Lot 35A
Kapawe'no First
Nation Land
Holdings Ltd.
Redistrict from Parks & Institutional
(PI) District to Direct Control (DC)
District
09-2026
May 13, 2026
Plan 262 ____, Lot B
Gerald Teerling
Redistrict from Agriculture (AG)
District to Country Residential (CR)
District
10-2026
July 22, 2026
Section 3.4, 3.8, 3.17,
4.49, Part 5:
Definitions
Big Lakes County
Add a definition and to allow for
and regulate Data Processing
Facilities within the Agriculture
District, Crown Land District, and
Rural Industrial District
12-2026
May 27, 2026
Section 2.2, 3.4, 3.8,
3.18, 4.50, Part 5:
Definitions
Big Lakes County
Regulate the development,
expansion, and operation of
Agriculture (Intensive) operations.
Bylaw No. 26-2024
Land Use Bylaw
TABLE OF CONTENTS
PART 1:
BYLAW ADMINISTRATION ................................................................. 1
1.1.
Title................................................................................................................................................... 1
1.2.
Scope ................................................................................................................................................ 1
1.3.
Purpose ............................................................................................................................................ 1
1.4.
Relationship to the Municipal Government Act .............................................................................. 2
1.5.
Previous Municipal Bylaws ............................................................................................................... 2
1.6.
Effective Date and Transition ........................................................................................................... 2
1.7.
Compliance with Other Legislation .................................................................................................. 2
1.8.
Interpretation: .................................................................................................................................. 2
1.9.
Municipal Planning Commission ...................................................................................................... 3
1.10.
Office of the Development Officer ................................................................................................... 3
1.11.
Office of the Subdivision Officer ...................................................................................................... 3
1.12.
Council .............................................................................................................................................. 4
1.13.
Subdivision and Development Appeal Board ................................................................................... 4
1.14.
Development Appeals and Procedures ............................................................................................ 4
1.15.
Subdivision Appeals and Procedures ............................................................................................... 4
1.16.
Amending the Bylaw ........................................................................................................................ 4
1.17.
Application to Amend Bylaw ............................................................................................................ 4
1.18.
Payments and Undertaking .............................................................................................................. 5
1.19.
Review Process ................................................................................................................................. 5
1.20.
Notification of Public Hearing .......................................................................................................... 6
1.21.
Review by Council ............................................................................................................................ 6
1.22.
Revert to Previous Land Use District ................................................................................................ 6
1.23.
Council May Direct Repayment........................................................................................................ 6
1.24.
Limit on Frequency of Applications .................................................................................................. 6
PART 2:
DEVELOPMENT .................................................................................. 7
2.1.
Development Permit Required ........................................................................................................ 7
2.2.
Where a Development Permit is Not Required ............................................................................... 7
2.3.
Application for Development Permit ............................................................................................... 9
2.4.
Direct Control District Application ................................................................................................. 10
2.5.
Duties of the Development Officer ................................................................................................ 11
2.6.
Decisions on Development Permit Applications ............................................................................ 11
2.7.
Temporary Use Approval ............................................................................................................... 12
2.8.
DC District Development Permit Applications ............................................................................... 12
2.9.
Variance Provisions ........................................................................................................................ 12
Bylaw No. 26-2024
Land Use Bylaw
2.10.
Notice of Proposed Development .................................................................................................. 13
2.11.
Notice of Decision .......................................................................................................................... 13
2.12.
Effective Date of Permit ................................................................................................................. 14
2.13.
Validity of Development Permits ................................................................................................... 14
2.14.
Deemed Refusals ............................................................................................................................ 15
2.15.
Subsequent Applications ................................................................................................................ 15
2.16.
Suspension or Cancellation of Development Permits .................................................................... 15
2.17.
Applicant's Responsibility .............................................................................................................. 15
2.18.
Development Agreements and Securities ..................................................................................... 16
2.19.
Intermunicipal Communications .................................................................................................... 16
2.20.
Control of Subdivision .................................................................................................................... 17
2.21.
Subdivision Applications ................................................................................................................ 17
2.22.
Subdivision Reviews ....................................................................................................................... 18
2.23.
Subdivision Fees ............................................................................................................................. 18
2.24.
Contravention ................................................................................................................................ 19
2.25.
Enforcement ................................................................................................................................... 19
2.26.
Fines ............................................................................................................................................... 20
2.27.
Non-Conforming Uses .................................................................................................................... 20
PART 3:
LAND USE DISTRICTS ....................................................................... 22
3.1.
Land Use Districts ........................................................................................................................... 22
3.2.
Land Use District Map .................................................................................................................... 23
3.3.
Direct Control Districts ................................................................................................................... 23
3.4.
Agriculture (AG) District ................................................................................................................. 25
3.5.
Commercial Recreation (CREC) District .......................................................................................... 27
3.6.
Communal Recreational (CMR) District ......................................................................................... 28
3.7.
Country Residential (CR) District .................................................................................................... 30
3.8.
Crown Land (CL) District ................................................................................................................. 31
3.9.
Hamlet Commercial (HC) District ................................................................................................... 32
3.10.
Hamlet Industrial (HI) District ........................................................................................................ 33
3.11.
Hamlet Manufactured Home Court (HMHC) District ..................................................................... 34
3.12.
Hamlet Mixed Use (HM) District .................................................................................................... 36
3.13.
Hamlet Residential (HR) District ..................................................................................................... 38
3.14.
Hamlet Residential Estate (HRE) District ........................................................................................ 40
3.15.
Highway Commercial (HWC) District ............................................................................................. 42
3.16.
Parks and Institutional (PI) District................................................................................................. 44
3.17.
Rural Industrial (RI) District ............................................................................................................ 45
3.18.
Urban Reserve (UR) District ........................................................................................................... 47
3.19.
Airport Protection Overlay (AP) District ......................................................................................... 48
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Land Use Bylaw
PART 4:
GENERAL REGULATIONS .................................................................. 50
4.1.
Applicability .................................................................................................................................... 50
4.2.
Accessory Buildings ........................................................................................................................ 50
4.3.
Sea Can ........................................................................................................................................... 51
4.4.
Tent and Air Supported Structures ................................................................................................ 52
4.5.
Wind Power .................................................................................................................................... 52
4.6.
Solar Panels (Freestanding) ............................................................................................................ 52
4.7.
Solar Panels (Roof/Wall) ................................................................................................................ 53
4.8.
Bareland Condominiums ................................................................................................................ 53
4.9.
Bed and Breakfast Operations ....................................................................................................... 54
4.10.
Building Appearance and Building Exteriors .................................................................................. 54
4.11.
Building Demolition ........................................................................................................................ 54
4.12.
Campgrounds and Resorts ............................................................................................................. 54
4.13.
Communal Servicing ....................................................................................................................... 56
4.14.
Communication Towers ................................................................................................................... 56
4.15.
Corner and Double Fronting Sides ................................................................................................. 56
4.16.
Sight Triangles ................................................................................................................................ 57
4.17.
Development Near Highways ......................................................................................................... 57
4.18.
Development Near County Roads .................................................................................................. 57
4.19.
Development Near Waterbodies and Slopes ................................................................................. 57
4.20.
Development on Lands Containing a High-Water Table ................................................................ 58
4.21.
Dwelling Density ............................................................................................................................. 58
4.22.
Environmentally Sensitive Lands .................................................................................................... 59
4.23.
Existing Substandard Lots .............................................................................................................. 59
4.24.
Fences and Screening ..................................................................................................................... 60
4.25.
Filling .............................................................................................................................................. 60
4.26.
Garden Suites ................................................................................................................................. 60
4.27.
Garage Suites ................................................................................................................................. 61
4.28.
Hazard Lands .................................................................................................................................. 61
4.29.
Pressure Vessel Storage ................................................................................................................. 61
4.30.
Home Occupation (Minor) ............................................................................................................. 62
4.31.
Home Occupations (Major) ............................................................................................................ 62
4.32.
Industrial Camps............................................................................................................................. 63
4.33.
Keeping of Animals ......................................................................................................................... 63
4.34.
Kennels ........................................................................................................................................... 65
4.35.
Landscaping .................................................................................................................................... 65
4.36.
On-Parcel and Off-Parcel Services and Improvements .................................................................. 65
4.37.
Parcel Grading ................................................................................................................................ 66
4.38.
Parking Regulations ........................................................................................................................ 66
Bylaw No. 26-2024
Land Use Bylaw
4.39.
Relocation of Existing Buildings ..................................................................................................... 68
4.40.
Residential Dwelling Regulations ................................................................................................... 68
4.41.
Setbacks from Railway Lines .......................................................................................................... 68
4.42.
Recreational Vehicle Parking.......................................................................................................... 69
4.43.
Subdivision Standards .................................................................................................................... 69
4.44.
Wastewater Collection and Disposal Systems ............................................................................... 70
4.45.
Water Supply .................................................................................................................................. 70
4.46.
Cannabis Production and Distribution Facility Development Standards ....................................... 70
4.47.
Cannabis Retail Store Development Standards ............................................................................. 71
4.48.
Industrial Wellsite Trailer Development Standards ....................................................................... 72
4.49.
Data Processing Facilities ............................................................................................................... 72
4.50.
Agriculture (Intensive).................................................................................................................... 73
PART 5:
DEFINITIONS ................................................................................... 74
SCHEDULE A: LAND USE DISTRICT MAP ......................................................... 93
SCHEDULE B: AIRPORT OVERLAYS ................................................................. 94
Bylaw No. 26-2024
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1
Part 1:
Bylaw Administration
JURISDICTION
1.1.
Title
This Bylaw may be referred to as "The Big Lakes County Land Use Bylaw."
1.2.
Scope
No subdivision or development shall hereafter be carried out within the boundaries of the
County except in conformity with the provisions of this Bylaw.
1.3.
Purpose
The purpose of this Bylaw is to, amongst other things:
(a) divide the County into districts;
(b) prescribe and regulate the use(s) for each district;
(c) establish the Subdivision Authority;
(d) establish the office of Development Officer;
(e) establish a method of making decisions on applications for development permits and the
issuance of development permits in accordance with the Act and its regulations;
(f) provide the manner in which notice of the issuance of a development permit is to be given;
(g) establish a method for making decisions on applications for subdivision approval in
accordance with the Act and its regulations;
(h) implement the policies of the statutory plans of the County;
(i) establish supplementary regulations governing certain specific land uses; and
(j) establish the procedures for making amendments to this Bylaw.
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2
1.4.
Relationship to the Municipal Government Act
This Bylaw has been prepared and adopted in accordance with the provisions of the Act, its
regulations, and amendments thereto.
1.5.
Previous Municipal Bylaws
No provisions of any other Bylaws with respect to districting, development control and land use
classifications shall hereafter apply to any part of the County described in this Bylaw, subject to
the transitional provisions of this Bylaw.
1.6.
Effective Date and Transition
(a) 'Big Lakes County Land Use Bylaw No. 03-2017' and all amendments thereto, are rescinded
upon this Bylaw passing and coming into full force and effect.
(b) The 'Big Lakes County Land Use Bylaw No. 26-2024' is passed and comes into full force and
effect when it receives third reading and is signed pursuant to the MGA.
(c) All amendments to the Bylaw, any Land Use Redesignations, or Development Permit
applications received on or after the effective date of the Bylaw shall be processed and
considered in accordance with the provisions outlined herein.
1.7.
Compliance with Other Legislation
Nothing in this Bylaw shall exempt any person from any obligation to comply with the
requirements of any other municipal, provincial, or federal statute or regulation.
1.8.
Interpretation:
(a) Examples listed in a land use definition are not intended to be exclusive or restrictive.
(b) Where a specific land use applied for does not adequately conform to the definitions of land
uses outlined herein, OR generally conforms with two or more definitions, discretion shall
be used by the development officer to identify which land use definition most appropriately
reflects the character and purpose of the applied-for land use.
(c) Where reference is made to other legislation or documents, it is intended to refer to the
legislation or documents as amended from time to time.
(d) The words "shall" and "must" indicate mandatory compliance unless a variance has been
granted pursuant to the Act.
(e) Where a regulation or definition includes two or more conditions, provisions or events
connected by the word "or", the connected items may apply individually.
(f) Where a regulation or definition includes two or more conditions, provisions or events
connected by the word "and", the connected items shall apply in combination.
(g) All measurements within the Bylaw are metric, in accordance with Alberta Land Titles
procedures, and where an imperial measurement is also given, it is for information only.
(h) All figures are for illustrative purposes only.
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3
APPROVAL AUTHORITIES
1.9.
Municipal Planning Commission
(a) The Municipal Planning Commission established by separate County bylaw is authorized to
act as the Development Authority.
(b) The Municipal Planning Commission shall:
i)
issue decisions for development permit applications for those uses listed as
Discretionary Uses in the subject District and determine the method of notification;
ii) issue decisions for those uses listed as Permitted Uses which the Development Officer
refers to the Municipal Planning Commission; and,
iii) perform such other duties as described in this bylaw or as may be assigned to it by
Council.
1.10. Office of the Development Officer
(a) The office of the Development Officer is hereby established, and such office shall be filled by
a person or persons to be appointed by Resolution of Council.
(b) For the purposes of the Act, the Development Officer is hereby declared to be a Designated
Officer of the County.
(c) The Development Officer shall perform such duties as are specified in this Bylaw, including
among other things:
i)
keeping and maintaining for the inspection of the public during all regular hours, a copy
of this Bylaw and all amendments thereto; and
ii) keeping a register of all applications for development including all associated decisions
and their reasons.
(d) For the purposes of this Bylaw, both the Development Officer and the Municipal Planning
Commission shall constitute the Development Authority of the County.
(e) For the purposes of right of entry, the Development Officer is hereby authorized to carry out
the duties and powers of a Designated Officer pursuant to the Act.
(f) For the purposes of municipal inspections and enforcement, pursuant to the Act, the
Development Officer is hereby designated by Council to discharge the relevant powers and
functions.
1.11. Office of the Subdivision Officer
(a) The office of the Subdivision Officer is hereby established, and such office shall be filled by a
person or persons appointed by Resolution of Council.
(b) The Subdivision Officer or designate(s) shall keep and maintain for the inspection of the
public during all reasonable hours, a copy of this bylaw and all related amendments; keep a
register of all applications for subdivision, including all related decisions and their reasons.
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4
(c) For the purposes of the Act, the Subdivision Officer or their designate(s) is/are declared to
be a Designated Officer of Big Lakes County.
(d) For the purposes of this Bylaw, both the Subdivision Officer, and the Municipal Planning
Commission shall constitute the Subdivision Authority of Big Lakes County.
1.12. Council
Council shall be the Development Authority within any Direct Control District, unless specifically
delegated to the Municipal Planning Commission.
1.13. Subdivision and Development Appeal Board
(a) The Subdivision and Development Appeal Board (SDAB) is established through separate
County Bylaw.
(b) The Subdivision and Development Appeal Board (SDAB) shall perform such duties as
specified in the Act.
1.14. Development Appeals and Procedures
Development appeals and procedures must be undertaken in conformity with the Act.
1.15. Subdivision Appeals and Procedures
Subdivision appeals and procedures must be undertaken in conformity with the Act.
BYLAW AMENDMENTS
1.16. Amending the Bylaw
(a) Council may, at any time, initiate an amendment to this Bylaw.
(b) Proposed amendments to this Bylaw are subject to those requirements and procedures set
out in the Act regarding the enactment of bylaws.
(c) Where this Bylaw is being amended to accommodate a proposed subdivision or
development within a proposed Direct Control District, Council may require the subdivision
and development permit application to be in its complete form prior to consideration of
third reading of the said bylaw.
1.17. Application to Amend Bylaw
Any person applying to have this Bylaw amended shall apply in writing to the Development
Officer, using the application form provided by the County, and request that the Development
Officer submit the application to Council. Applications must include the following information:
Text Amendments
(a) a statement indicating the specific amendment requested;
(b) reasons in support of the application, as well as a statement outlining how the text
amendment may impact land use and development throughout the County;
Bylaw No. 26-2024
Land Use Bylaw
5
Land Use District Amendments
(a) a description of the intended use or uses;
(b) a certified copy of the Certificate of Title within the last thirty (30) days;
(c) if the applicant is an agent acting on behalf of the landowner, a letter from the landowner
authorizing the agent to make the application;
(d) a properly dimensioned map indicating the following details, unless otherwise specified by
the Development Authority:
i)
the location, dimensions and boundaries of the affected site, and its relationship to
existing land uses on adjacent properties;
ii) the dimensions and boundaries of existing rights-of-way (i.e.: public utilities, roads,
pipelines, railways, etc.);
iii) the location, use and dimension of existing buildings on the site;
iv) the location of any river, stream, watercourse, lake or other waterbody, including the
top of a bank;
(e) Any additional information the County may require in order to evaluate and make a
recommendation concerning the application, which may include, but not be limited to:
i)
a report on stakeholder consultations;
ii) the method and location of servicing (sanitary, water, wastewater);
iii) additional studies concerning the rezoning, including geotechnical reports,
environmental site assessments, traffic impact assessments, servicing studies, or any
other study deemed necessary by the County.
1.18. Payments and Undertaking
A person making an application to amend this Bylaw for a purpose other than the clarification of
an existing provision of this Bylaw shall:
(a) pay the County an application fee as set by Council; and
(b) undertake in writing on a form provided by the County to be liable for, and pay on demand,
all expenses made necessary by the processing of the proposed amendment which the
County may incur, whether it be enacted or not, including but not limited to map printing
and reproduction costs, surveys, and advertising charges.
1.19. Review Process
Upon receipt of a complete redistricting application to amend this Bylaw, the Development
Authority:
(a) shall provide written notice of the application to each assessed landowner adjacent to, or
wholly or partially within the boundaries of the site subject to the redistricting application;
(b) shall refer the application to internal County departments and applicable external agencies
for review and comment;
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Land Use Bylaw
6
(c) shall complete a review and evaluation of the application and prepare a report to Council
including comments outlining the potential impacts of the application, as well as
recommendations.
1.20. Notification of Public Hearing
In addition to the notification outlined in s.1.19 above, where a public hearing is required by the
Act for an application to amend this Bylaw, a notice of public hearing shall:
(a) be mailed or otherwise delivered by the County no later than fourteen (14) days prior to the
public hearing; to the owners of all parcels subject to the proposed amendment, any
adjacent parcel, and may include other lands within the vicinity of the subject site that may
be deemed to be affected by the application; and
(b) be advertised in accordance with the Public Notification Bylaw in effect at that time.
1.21. Review by Council
(a) Upon receiving a prepared recommendations report relating to an application to amend the
Bylaw from the Development Officer, Council may:
i)
approve the proposed amendment as submitted;
ii) approve the proposed amendment with modifications, within the scope of the
limitations of the Act;
iii) table the application and request further information or review;
iv) refuse the application.
(b) Following a public hearing, during the same meeting, Council may choose to proceed with
second and third readings.
1.22. Revert to Previous Land Use District
Where this Bylaw has been amended for the purpose of accommodating a proposed development
or subdivision proposal, and the proposal has been withdrawn or refused, Council may consider an
amendment to this Bylaw to restore its previous wording or land use designation.
1.23. Council May Direct Repayment
If it appears that the proposed amendment is one which is applicable to and for the benefit of
the County at large, or most of the persons affected in one area, or to the entire district, then
Council may direct that the application fee be returned to the applicant and the County pay or
cost-share expenses related to the proposed amendment. Such decision shall be in Council's
sole discretion.
1.24. Limit on Frequency of Applications
Where a proposed amendment to this Bylaw has been rejected by Council within the previous
six (6) months, another application for the same or similar amendment shall not be considered
unless Council otherwise directs.
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Land Use Bylaw
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Part 2:
Development
DEVELOPMENT PERMITS
2.1.
Development Permit Required
No development other than that designated in this Bylaw shall be undertaken within the County
unless an application for it has been approved and a development permit has been issued.
2.2.
Where a Development Permit is Not Required
The following developments shall not require a development permit provided the proposed
development complies with all other provisions of this Bylaw:
(a) The construction, completion, alteration, maintenance or repair of a street, lane or utility
undertaken upon a public thoroughfare or utility easement, or undertaken to connect the
same with any lawful use of buildings or land.
(b) The maintenance or repair of any conforming building if the work does not include
structural alterations.
(c) Farmsteads including the sowing and harvesting of crops, tillage of soil, fencing, or the
raising of livestock defined as Agriculture (Extensive) in the AG, RI and UR Districts.
(d) The completion of a building which was lawfully under construction on the date of the first
publication of the official notice of this bylaw as required by the Act, provided that the
building is in accordance with the terms of any permit granted in respect of it, within a
period of twelve (12) months from said date of the first publication of the official notice.
(e) The use of any such building(s) as are referred to in subsection 2.2(d) above for the purpose
for which construction was commenced.
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8
(f) Water reservoirs or dugouts for water supply, in conformance with the setback
requirements of the applicable District.
(g) Above ground pre-manufactured swimming pools with a water volume less than 6.11 m3 (72 ft3).
(h) Solar Panels (Roof/Wall)
(i) Municipal Lagoons, Landfills or Waste Transfer Stations.
(j) Foster Homes that have received approval from the Province of Alberta.
(k) The erection of an uncovered deck which has a height of less than 0.6 m (2 ft) above grade,
and which is accessory to a residential structure.
(l) The construction of farm buildings in the AG district, excluding dwellings, provided that
setbacks and other land use regulations of this bylaw are complied with.
(m) Hard-surfacing of any yard area on a parcel for the purpose of providing vehicular access
from a public roadway to an on-site parking stall, provided that such hard-surfacing does not
direct surface run-off onto adjoining properties or re-route existing drainage channels.
(n) The erection of freestanding towers, electronic equipment, flag poles and other poles not
exceeding 6.1 m (20 ft), provided that the structure is not located in a front yard or on a
building or structure in the AG District or falls within an airport overlay.
(o) Landscaping where it will not adversely affect the subject or adjacent properties but does
not include changes in grade, drainage, stockpiling, or excavation.
(p) The erection of campaign signs for federal, provincial, municipal, or school board elections
on private properties for no more than thirty (30) days, or such other time as regulated
under provincial or federal legislation provided that:
i)
such signs are removed within fourteen (14) days of the election date;
ii) the consent of the property owner or occupant is obtained;
iii) such signs do not obstruct or impair vision or traffic; and
iv) such signs indicate the name and address of the sponsor and the person responsible for
removal.
(q) The erection or construction of 10 m2 (108 ft2) maximum floor area storage or garden sheds
provided they meet the setback requirements for an accessory building and site coverage
regulations as defined under this Bylaw.
(r) A fence no higher than 1.8 m (6 ft).
(s) A Home Occupation (minor), provided that the provisions of s.4.30 of this Bylaw are adhered to.
(t) Those developments, uses and activities exempted under the Act.
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9
2.3.
Application for Development Permit
(a) An application for a development permit shall be made to the Development Authority in writing
on the application form provided by the County in conformance with this Bylaw, and shall:
i)
be accompanied by a fee set by Council;
ii) be signed by the registered owner or their agent where a person other than the owner
is authorized by the owner in writing to make application;
iii) the correctness of the information supplied shall, when required by the Development
Officer, be verified by a Statutory Declaration;
iv) state the proposed use or occupancy of all parts of the land and buildings, and such
other information as may be required by the Development Officer; and
v) at the discretion of the Development Officer, include site plans at a scale satisfactory to
the Development Officer, showing any or all of the following:
a. front, side and rear yards;
b. outlines of the roof overhangs on all buildings;
c. north point;
d. legal description of the property;
e. location of existing and proposed municipal and private local improvements,
principal building and other structures including accessory building, garages,
carports, fences, driveways, paved areas, and major landscaped areas including
buffering and screening areas where provided;
f. the provision of off-street loading and vehicle parking;
g. access and egress points to and from the parcel;
h. location of water and sewage collection systems;
i.
the grades of the adjacent streets and lanes;
j.
the exterior elevations showing height, horizontal dimensions and finishing
materials of all buildings, existing and proposed;
k. the lowest finished floor elevation in either the basement or main floor in the
principal and accessory buildings where applicable;
l.
a site grading plan indicating but not limited to indicating the elevations of the
parcel at all corners and the grade at all corners of the proposed development as
well as the grades of the adjacent streets, lanes and sewers servicing the parcel;
m. stormwater drainage plan;
n. on a vacant parcel in a residential district, the suggested location for a future
driveway and garage or carport, if the application itself does not include such
buildings as part of the proposal;
(b) The Development Officer may require the applicant to provide:
i)
an estimated cost of the project, excluding land prices; and
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10
ii) any other information or tests respecting the parcel or adjacent lands which is pertinent
to an assessment of the conformity of the proposal to this Bylaw and any other Bylaws
or resolutions of Council dealing with development.
iii) written consent to enter upon the subject property to verify compliance of all existing
and proposed development(s) with this Bylaw.
iv) a real property report to be submitted by the applicant to verify compliance of all
existing and proposed buildings with this Bylaw.
(c) In case of an application for a Development Permit on Crown land, the Development officer
will require Provincial authorization prior to the issuance of a Development Permit.
2.4.
Direct Control District Application
(a) In the case of a development permit application made pursuant to a Direct Control District,
all requirements and procedures pertaining to the development permit application will be at
the discretion and satisfaction of Council. Council may approve, with or without conditions,
or refuse the application, giving reasons for refusal.
(b) In determining the development permit application requirements and procedures pursuant
to subsection (a), Council may consider and be guided by the provisions outlined in section
2.3 and shall require the applicant to submit all of the following for the purpose of relating
any proposal to the growth of the entire County:
i)
an explanation of the intent of the project;
ii) the features of the project which make it desirable to the public and the County. This is
to include an evaluation of how the project may contribute to the present and projected
needs of the County as a whole;
iii) an economic analysis of the proposal's anticipated economic impact on the County; and
iv) a detailed application containing the following information:
a. location of all proposed buildings;
b. elevation and architectural treatment of all buildings and associated structures;
c. proposed servicing scheme and its relationship to the County's existing and/or
proposed servicing plans;
d. anticipated scheduling and sequence of development;
e. mechanisms by which conformance to the plan will be ensured such as normally
achieved through a combination of caveats, easements, servicing agreements and
performance bonds;
f. all yard setbacks, parcel coverage, parcel areas, floor areas, sizes of parcels, number
of parking stalls; and
g. such additional requirements as are determined necessary by Council having regard
to the nature of the proposed development and the surrounding use(s) which may
be effected.
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DEVELOPMENT PERMIT REVIEW PROCESS
2.5.
Duties of the Development Officer
(a) Upon receipt of a development permit application, the Development Officer shall, within
twenty (20) days, issue a written notice to the applicant that the application is complete.
(b) If the Development Officer determines that the application is incomplete, a written notice
shall be issued to the applicant stating that the application is incomplete and that any
outstanding documents and information referred to in the notice must be submitted by a
date set out in the notice or a later date agreed upon in order for the application to be
considered complete.
(c) If the information is not submitted on or before the set date, the application shall be
deemed refused. A written notice shall be issued to the applicant that the application has
been refused and the reason for refusal.
2.6.
Decisions on Development Permit Applications
Permitted / Discretionary Uses
(a) Upon receipt of a completed application, the Development Officer shall approve, with or
without conditions, the application for a permitted use where the proposed development
conforms to this Bylaw.
(b) The Development Officer shall refer the application (with recommendations) for a
discretionary use to the Municipal Planning Commission for decision.
(c) The Development Officer, Municipal Planning Commission, or Council may impose
conditions on the approval of a development. These conditions may include:
i) a Real Property Report, signed by an Alberta Land Surveyor, be submitted along with a
signed authorization form or letter from the Alberta Land Surveyor stating that Big Lakes
County may utilize the Surveyor's Real Property Report for evaluating the compliance of
the proposed or existing development against all land use regulations relating to the use
and building(s) that is (are) the subject of the development permit application;
ii) that the applicant enters into a development agreement, in accordance with the Act, as
amended, with the County to construct or pay for the construction of public roadways,
pedestrian walkways, parking and loading facilities, and any off-site levy or
redevelopment levy imposed by Bylaw. To ensure compliance with the conditions in the
agreement, the County may be protected by caveat registered in their favour;
iii) financial guarantees, in a form and an amount acceptable to the County, from the
applicant to secure performance of any of the conditions of a development permit;
iv) any other condition considered necessary by the development authority to uphold the
intent and objectives of any area structure plan, statutory plan, or land use regulation as
adopted or amended from time to time; and
v) any condition deemed appropriate ensure the orderly and economic development of
land within the County.
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2.7.
Temporary Use Approval
Where a development permit is not required on a permanent basis, the Development Authority
may approve the development for a specified period of time. The expiry date of all temporary
development permits shall be clearly indicated on the notice of decision.
2.8.
DC District Development Permit Applications
(a) Upon receipt of a completed application for a development permit pursuant to a Direct
Control District, Council may, prior to making a decision refer the application to the
Development Officer, Municipal Planning Commission, any municipal department, or
external agency for comment.
(b) At some point, as determined by Council, prior to deciding upon the development permit
application before it, Council shall provide public notice, through means and to whom it
considers necessary, that a decision on a development permit pursuant to a Direct Control
District is to be made and that Council shall afford an opportunity to any interested person to
make representation on the application and shall consider any such representations made when
giving final consideration to the said application, but Council is not bound by the representations
made by any interested person.
(c) Council may approve, with or without conditions, or refuse the application, giving reasons
for the refusal.
2.9.
Variance Provisions
(a) The Development Officer may, in deciding upon an application for a permitted use, allow a
variance to a maximum of 25% of the stated setback or other quantitative development
regulation provided that, in the opinion of the Development Officer, such variance does not
unduly interfere with the amenities of the neighbourhood or materially interfere with or affect
the use, enjoyment or value of land.
(b) The Municipal Planning Commission, in deciding upon an application for a discretionary use,
may allow a variance to a maximum of 50% of the stated setback or other quantitative
development regulation provided that, in the opinion of the Municipal Planning Commission,
such variance does not unduly interfere with the amenities of the neighbourhood or
materially interfere with or affect the use, enjoyment or value of land.
(c) 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 District.
(d) Except as otherwise provided in this Bylaw, there shall be no variance from the regulations
prescribing density.
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2.10. Notice of Proposed Development
(a) Prior to an application being considered for a discretionary use, or a permitted use with a
variance to a quantitative requirement such as a setback distance, the Development Officer
shall require one or more of the following:
i)
cause a notice to be posted in a conspicuous place on the parcel upon which the
proposed development is situated not less than fourteen (14) days prior to the date of
consideration of such an application;
ii) cause a similar notice to be advertised in accordance with the Public Notification Bylaw
in effect at that time; and/or
iii) cause a similar notice to be sent by mail to all assessed property owners within one (1)
kilometer of the parcel, and to those assessed property owners who, in the opinion of
the Development Officer, may be affected, not less than fourteen (14) days prior to the
date of consideration of the application.
(b) The notices issued pursuant to s.2.11(a) shall state:
i)
the proposed use of the building or parcel;
ii) that an application respecting the proposed use will be considered by the Development
Authority;
iii) that any person who objects to the proposed use of the parcel may deliver to the
Development Officer a written statement of their objections indicating:
a. their full name and address for service of any notice to be given to them in respect
of the objection, and
b. the reasons for their objections to the proposed use; and
iv) the date by which objections must be received by the Development Officer
(c) When considering applications for which notices have been served, the Development
Authority may afford an opportunity to any interested person to make representation on
the application and shall consider any such representations made when giving final
consideration to the said application, but shall not be bound by any representations made
by interested persons.
2.11. Notice of Decision
(a) All decisions on applications for a development permit shall be given in writing to the applicant.
(b) If an application is refused by the Development Authority, the notice of decision shall
contain the reasons for the refusal.
(c) When an approval decision on a development permit is made, the Development Officer shall undertake
or be directed to undertake by County Council, as the case may be, any or all of the following:
i)
cause a notice to be advertised in accordance with the Public Notification Bylaw in
effect at that time;
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ii) immediately mail a notice to all assessed property owners within one (1) km of the parcel
with respect to which the application has been made and to those assessed property
owners who, in the opinion of the Development Officer, may be affected; and/or
iii) publish a notice on the County website.
(d) The notices issued pursuant to s.2.12(a) shall indicate:
i)
the date a decision on the development permit application was made;
ii) the location and use of the parcel in respect of which the application has been made
and the decision of either the Development Authority or Council; and
iii) that an appeal may be made by a person affected by the decision by serving written
notice of the appeal to the Subdivision and Development Appeal Board within twenty-
one (21) days after the date on which the notice of the issuance of the permit was given.
(e) No right to appeal exists on decisions that are made by Council within a Direct Control District.
(f) Notwithstanding s.2.12(a), notification other than to the applicant and/or subject landowner is
not required where the proposed use is described as a permitted use and no variance is granted.
2.12. Effective Date of Permit
The decision on a development permit application shall come into effect:
(a) If it is made by the Development Officer, Municipal Planning Commission, or Council, on the
date of decision; or
(b) If an appeal is made, on the date that the appeal is finally determined.
2.13. Validity of Development Permits
(a) A development permit is valid unless:
i)
it is suspended or cancelled; or
ii) the development that is the subject of the development permit is not commenced
within twelve (12) months from the date of the issuance of the development permit, or
not carried out with reasonable diligence; or
iii) the development that is the subject of the development permit is not commenced
within a time period specified in the permit or not carried out with reasonable diligence,
if the Development Officer, or Council has specified that the development permit is to
remain in effect for less than twelve months.
(b) If the development has not commenced prior to the expiry date of the permit:
i)
the Development Officer may grant a one-time extension to a development permit's
effective date for a maximum of one year where the permit was for a building or use
which was permitted or in the opinion of the Development Officer, does not adversely
impact the use, enjoyment or value of neighbouring properties;
ii) time extensions not in accordance with subsection (a) above, may be granted by the
Municipal Planning Commission, based upon a review of the permit and its merits;
iii) time extensions granted under this section do not apply to land uses or buildings where
the permit has a functional time deadline as in the case of a gravel extraction permit.
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(c) Temporary Development Permits shall have the expiry date of the permit clearly indicated
on the notice of decision, with an opportunity for extension at the discretion of the
Development Authority.
2.14. Deemed Refusals
In accordance with the Act, an application in completed form for a development permit shall, at
the option of the applicant, be deemed to be refused when the decision of the Development
Authority is not made within forty (40) days of the completed application, as deemed by the
Development Authority, being received by the Development Officer unless an agreement to
extend the forty (40) day period is established between the applicant(s) and the Development
Officer.
2.15. Subsequent Applications
If an application for a development permit is refused by the Development Authority or on an
appeal from the Subdivision and Development Appeal Board or Land and Property Rights
Tribunal, as the case may be, the Development Authority may refuse to accept subsequent
development permit applications for the same or similar use on the same parcel within six (6)
months of the refused application, unless, in the opinion of the Development Authority, the
reasons for refusal have been adequately addressed, or the circumstances of the application
have changed significantly.
2.16. Suspension or Cancellation of Development Permits
(a) If, after a development permit has been issued, the Development Officer becomes aware that:
i)
the application for the development contains a misrepresentation; or
ii) facts concerning the application or the development were not disclosed which should
have been disclosed at the time the application was considered; or
iii) the development permit was issued in error; or
iv) the conditions of development permit approval are not complied with in a satisfactory
manner,
the Development Officer may suspend or cancel the notice of decision or the development
permit by notice, in writing, to the holder of it.
(b) If a person fails to comply with a notice under the Act, the Development Officer may suspend
or cancel any existing development permit by notice, in writing, to the holder of the permit.
2.17. Applicant's Responsibility
(a) An applicant to whom a development permit has been issued shall obtain from the
appropriate authority where applicable, permits relating to building, gas, grades, sewers,
water mains, electricity and highways, and all other permits required in connection with the
proposed development.
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(b) The applicant shall be financially responsible during construction for any damage by the
applicant, his servants, his suppliers, agents, or contractors to any public or private property.
(c) The applicant shall prevent excess soil or debris from being spilled on public road allowances
streets, lanes, sidewalks, lakes, and run-off lanes and shall not place soil or any other
materials on adjacent parcel without permission in writing from adjacent property owners.
(d) A professional scaled drawing prepared by an Alberta Land Surveyor or Survey Technician
shall be provided where the footprint of the building is within 2 m (6.5 ft) of a property line,
if required by the Development Officer. The said drawing may be required at the foundation
and/or final stages of a building construction.
(e) No building or use shall be used or occupied and no change in the existing occupancy
classification of a building shall be made until the developer, proposed user, or proposed
occupant of said building or use demonstrates that substantial completion, as determined
by the Development Officer, has been undertaken.
2.18. Development Agreements and Securities
(a) The Development Authority, Subdivision Authority, the SDAB, or the LPRT, as the case may
be, may require as a condition of issuing a development permit or subdivision, that the
developer enter into a Development Agreement with the County, in accordance with the
Act, as amended.
(b) In accordance with the Act, the Development Agreement may be registered by a caveat
against the title of the affected lot(s) and must be discharged when the conditions of the
agreement have been fulfilled.
(c) The Subdivision Authority or the Development Authority may request proof of a refundable
security, or an equivalent financial tool, in an amount determined by the appropriate
authority, be provided to ensure compliance with conditions of the subdivision approval or a
development permit.
2.19. Intermunicipal Communications
In addition to the notification requirements described in this Bylaw, the County shall provide
notification to adjacent municipalities and any Indigenous Peoples in accordance with the
following:
(a) All applications for proposed land uses that utilize infrastructure or services from adjacent
municipalities or Metis and First Nations Settlements for operation including, but not limited
to: potable water, waste-water, solid waste, lagoon storage, utility lines and access
regardless of distance to the boundary of the said stakeholder jurisdiction.
(b) All applications to amend this Bylaw that are not of a punctuation or grammatical nature if
deemed necessary.
(c) All applications as set forth in the plan area of any Intermunicipal Development Plan.
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SUBDIVISION
2.20. Control of Subdivision
No subdivision of land shall be undertaken within the County unless an application for it has
been approved pursuant to the Act.
2.21. Subdivision Applications
An application for a subdivision shall be made to the Subdivision Authority using the Subdivision
Application Form available at the County Office and on the County's website and shall include
the following:
(a) An application fee as set out in the County of Big Lakes Schedule of Fees Bylaw, as amended.
(b) Current copy of the Certificate of Title (within 30 days of submission) for the affected lands.
(c) A Tentative Plan of Subdivision prepared by an Alberta Land Surveyor showing:
i) the location, dimensions and boundaries of:
a. the land to be subdivided;
b. each new lot to be created including the remnant parcel;
c. reserve lot(s), if any;
d. right-of-way of each public utility and any other right-of-way.
ii) natural features such as:
a. water bodies, wetlands, sloughs, muskeg, swamp and/or other bodies of water;
b. rivers, creeks, ravines, drainage courses;
c. top of bank;
d. forest or treed areas.
iii) man-made features such as:
a. drainage ditches;
b. aggregate extraction/borrow areas;
c. existing and proposed access locations.
iv) the location, numbers, names and other designations of:
a. highways;
b. public roads.
v) the location, dimensions and setbacks to existing and proposed property lines of
buildings on the land that is the subject of the application and specifying those buildings
that are proposed to be demolished or removed, if any. As well as any proposed
improvements.
vi) the location of any existing or proposed wells and the location of any existing or
proposed private sewage disposal systems with the distance from these to the existing
or proposed buildings and property lines.
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vii) contour information (where required) at an interval of 2 m, to be superimposed over
the tentative plan, and related to a geodetic datum where possible.
(d) When required by the Subdivision Authority:
i)
Area Structure Plan;
ii) Geotechnical Report;
iii) Environmental Assessment and Biophysical Report;
iv) Hydrogeological Report;
v) Historical Resource Impact Assessment;
vi) 1:100 Year Floodplain Analysis;
vii) Traffic Impact Assessment;
viii) Noise Attenuation Study;
ix) Private Sewage Assessment of Site Suitability;
x) A Stormwater Management Plan;
xi) Design Brief;
xii) Street Names.
2.22. Subdivision Reviews
(a) Upon receipt of a completed subdivision application, the Subdivision and Development
Officer shall, within twenty (20) days, provide acknowledgement that the application is
complete in the form of a written notice.
(b) If the Subdivision and Development Officer determines that the application is incomplete, a
written notice shall be issued to the applicant stating that the application is incomplete and
that any outstanding documents and information referred to in the notice must be
submitted by a date set out in the notice or a later date agreed upon in order for the
application to be considered complete.
(c) If the information is not submitted on or before the set date, the application shall be
deemed refused. A written notice shall be issued to the applicant that the application has
been refused and the reason for refusal.
2.23. Subdivision Fees
All fees and charges pursuant to this Bylaw shall be as established by a schedule of fees
established in the Big Lakes County Schedule of Fees Bylaw.
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CONTRAVENTION
2.24. Contravention
(a) Where an applicant and/or landowner is found to be in contravention of the provisions of
this Bylaw, or a development permit or subdivision approval, a Stop Order may be issued by
the development authority, in accordance with the Act.
(b) Where a Stop Order is issued under the Act, the Stop Order shall state the following and any
other information considered necessary by the Development Authority:
i)
an explanation of the contravention, and a statement indicating under which provisions
of this Bylaw or the Act the order is being carried out;
ii) the alternatives and processes which the person responsible for the contravention may
pursue in order to correct the contravention;
iii) a time frame in which the contravention must be corrected prior to the County pursuing
action; and
iv) advise the person of his right to appeal the notice to the Subdivision and Development
Appeal Board.
2.25. Enforcement
(a) A person who:
i)
contravenes any provision of the Act or the regulations under the Act;
ii) contravenes this Bylaw;
iii) contravenes a development permit or subdivision approval or a condition attached
thereto; and/or
iv) obstructs or hinders any person in the exercise or performance of his powers or duties
under the Act, the regulations under the Act or this Bylaw;
is guilty of an offence and is liable to a fine as set out in this Bylaw.
(b) If a person is found guilty of an offence under this Bylaw or the Act, the court may, in
addition to any other penalty imposed, order the person to comply with:
i)
the Act and the regulations under the Act;
ii) this Bylaw;
iii) a development permit or subdivision approval or a condition attached to a development
permit or subdivision approval.
(c) Any written notice, order, or decision that is required to be provided to any person, by any
provision of this bylaw, shall be deemed to have been provided if it is:
i)
delivered personally to the person or their agent; or
ii) delivered by registered mail to the last known address of the person it is directed to; or
iii) left with any agent or employee or resident at the last known address of the person to
whom it is directed.
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(d) Where a person fails, or refuses to comply with an order directed to him pursuant to this
Bylaw or an order of the Subdivision and Development Appeal Board under the Act within
the time specified, Council or a person appointed by it may, in accordance with the Act,
enter upon the land or building and take such action as is necessary to carry out the order.
Where an order has not been complied with, Council may register a caveat against the title
of the subject property related to the order. Costs and expenses incurred in carrying out the
order may be placed on the tax roll for the subject property and shall be collected in the
same manner as property taxes.
(e) Where not defined, the fine and penalty structure provided in the Act shall apply.
2.26. Fines
(a) Any person who:
i)
Contravenes or fails to comply with any provision of this Bylaw;
ii) Uses land in a manner contrary to the provisions of any subdivision or development
permit for such land;
iii) Contravenes or fails to comply with any development permit or subdivision approval for
such land;
iv) Contravenes or fails to comply with a decision of the Subdivision and Development
Appeal Board;
v) Obstructs or otherwise hinders in any manner any person in the exercise or
performance of that person's powers authorized under this or any other Bylaw or
enactment;
vi) Contravenes or fails to comply with a stop order issued pursuant to the Act;
is guilty of an offence and is liable on summary conviction to a fine.
(b) A person who proceeds with development without approval required under the Act and/or
this Bylaw is guilty of an offence and is liable to a fine in the amount of $250 for the first
offence, and $500 for a second or subsequence office.
(c) A person who contravenes or fails to comply with any other provision of this Bylaw is guilty
of an offence and is liable to a penalty in the amount of $250 for the first offence, and $500
for a second or subsequent offence.
(d) If a person is found guilty of an offence under this Bylaw, the court may, in addition to any
other penalty imposed, order the person to comply with this Bylaw or a permit issued under
that Bylaw, or a condition of any of them.
2.27. Non-Conforming Uses
(a) If a development permit has been issued on or before the day on which this Bylaw or an
amendment to this Bylaw comes into force in a municipality and the Bylaw would make the
development in respect of which the permit was issued a non-conforming use or non-
conforming building, the development permit continues to be in effect despite the Bylaw
coming into force.
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(b) A non-conforming use of land or a building may be continued but if that use is discontinued
for a period of six (6) consecutive months or more, any future use of the land or building
must conform with the Bylaw in effect.
(c) A non-conforming use of part of a building may be extended throughout the building,
whether or not it is a non-conforming building, but may not be enlarged or added to and no
structural alterations may be made to it or in it.
(d) A non-conforming use of part of a lot may not be extended or transferred in whole or in part
to any other part of the lot and no additional buildings may be constructed on the lot while
the non-conforming use continues.
(e) A non-conforming building may continue to be used but the building may not be enlarged,
added to, rebuilt or structurally altered except:
i)
to make it a conforming building;
ii) for routine maintenance of the building if the development authority considers it
necessary; and/or
iii) in accordance with a variance that may be granted by the Development Authority.
(f) If a non-conforming building is damaged or destroyed to the extent of more than 75% of the
value of the building above its foundation, the building may not be repaired or rebuilt
except as allowed under this Bylaw.
(g) The land use or the use of the building is not affected by a change in ownership or tenancy
of the land or building.
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Part 3:
Land Use Districts
3.1.
Land Use Districts
The County is hereby divided into the following districts:
Agricultural
(AG)
Commercial Recreation
(CREC)
Communal Recreational
(CMR)
Country Residential
(CR)
Crown Land
(CL)
Hamlet Commercial
(HC)
Hamlet Industrial
(HI)
Hamlet Manufactured Home Court
(HMHC)
Hamlet Mixed Use
(HM)
Hamlet Residential
(HR)
Hamlet Residential Estate
(HRE)
Highway Commercial
(HWC)
Parks and Institutional
(PI)
Rural Industrial
(RI)
Urban Reserve
(UR)
Airport Protection Overlay District
(AP)
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3.2.
Land Use District Map
(a) The Land Use District Map, as may be amended or replaced by bylaw from time to time, can
be found in Schedule A - Land Use District Map.
(b) The districting of a particular parcel shall be determined by looking at these maps.
(c) Where uncertainty arises as to the precise location of the boundary of any district, the
following rules shall apply:
i)
where a boundary is shown as following a public lane or street, the boundary follows
the middle of the right-of-way.
ii) where a boundary is shown as approximately following a lot line or quarter section line,
it shall be deemed to follow the lot line or quarter section line.
iii) in circumstances not covered by rules (i) and (ii), the location of the district boundary
shall be determined:
a. where dimensions are set out on a Land Use District Map, by the dimensions so set
out, or;
b. where no dimensions are set out on a Land Use District Map with respect to such
boundary, by measurement with the use of the scale shown on a Land Use District
Map, or;
c. where a street, highway, or railroad right of way, electrical transmission line right of
way or watercourse serves as a boundary, a line midway on such right of way shall
be considered the boundary between the district unless specifically indicated
otherwise.
(d) where the application of the above rules does not determine the exact location of the
boundary of the district, Council, either on its own motion or upon written application being
made to it by any person requesting the determination of the exact location of the
boundary, shall fix the portion of the district boundary in doubt or dispute in a manner
consistent with the provisions of this Bylaw and with the degree of detail as to
measurements and directions as the circumstances may require
3.3.
Direct Control Districts
(a) In accordance with the Act, Direct Control districts are to be applied to areas determined by
the County to be unique or of special character or where particular circumstances or
difficulties are present.
(b) Direct Control Districts are intended to ensure that land use and development occurs in
these areas in accordance with any applicable provisions prescribed for such areas in a
statutory plan in effect or to be put in effect to specifically guide the implementation and
administration of a Direct Control District.
(c) Pursuant to the relevant sections of the Act and section 2.4 of this Bylaw, applications under
Direct Control Districts will be received, considered, and decided upon by Council.
(d) Council shall consider the application and designation of Direct Control Districts to those
specific sites or areas of the County where:
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i)
development regulation and control by means of the other Districts provided for in this
Bylaw may be inappropriate or inadequate having regard to existing or future
developments and to the interests of the applicant, the County, and the public
generally; or
ii) an approved statutory plan for the area could be more effectively implemented
through the application of a Direct Control District; or
iii) a proposed development is of a unique form or nature not contemplated; or
iv) is not reasonably regulated by another District provided for in this Bylaw.
(e) Buildings and Uses shall be determined by Council.
(f) Lot Area and Site Regulations shall be determined by Council.
(g) The authority for development and subdivision may be delegated at the discretion of
Council to the Development Officer and/or the Subdivision Officer, and those decisions
made by the lower authorities are applicable for SDAB eligibility.
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3.4.
Agriculture (AG) District
General Purpose of District
The general purpose of this District is to recognize the wide variety of uses that are compatible
with the agricultural community.
Uses
PERMITTED
DISCRETIONARY
Accessory Building
Abattoir
Accessory Use
Agricultural Industry
Boarding or Lodging House
Agricultural Support Services
Cabin (First on Parcel)
Agriculture (Intensive)
Dwelling, Live Work Unit
Airport
Dwelling - Manufactured Home
Airstrip
Dwelling - Single Detached
Animal Health Care Services
Home Occupation (Minor)
Apiary
Industrial Wellsite Trailer (up to 3 units)
Auctioneering Establishment
Solar (Freestanding) < 28 m2
Bed and Breakfast Operation
Tourist Home
Bulk Agricultural Chemical Distribution
Utility Building
Cabin (Additional)
Campground
Cannabis Production & Distribution Facility
Caretaker's Residence
Country Inn
Data Processing Facility
Dwelling, Multi-Unit (Colony)
Garden Suite
Garage Suite
Guest Ranch
Home Occupation (Major)
Industrial Camp
Institutional
Kennel
Liquor Manufacturing
Pressure Vessel Storage
Solar (Freestanding) > 28 m2
Wind Power
Bylaw No. 26-2024
Land Use Bylaw
26
Lot Requirements
Minimum Parcel Area
- An un-subdivided Quarter Section, or
- A parcel minimum of 16.2 ha (40 ac).
- The portion created and the portion remaining after registration
of a First Parcel Out subdivision no smaller than 1.2 ha (3 ac).
Maximum Density
- One Dwelling Unit will be permitted per parcel; additional
Dwelling Units shall be a discretionary use, up to the following
maximums:
o On parcels less than 32.4 ha (80 ac) a maximum of two
Dwelling Units
o On parcels greater than or equal to 32.4 ha (80 ac) a
maximum of four Dwelling Units
Site Regulations
Minimum Front Yard Setback
40 m (131 ft)
Minimum Rear Yard
7.5 m (24.5 ft)
Minimum Side Yard
6.1 m (20 ft)
Height
N/A
Bylaw No. 26-2024
Land Use Bylaw
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3.5.
Commercial Recreation (CREC) District
General Purpose of District
The general purpose of this District is to allow compatible for-profit commercial recreational use
within the County.
Uses
PERMITTED
DISCRETIONARY
Accessory Building
Campground
Accessory Use
Cabin
Amusement, Indoor
Retail (Small)
Amusement, Outdoor
Eating and Drinking Establishment
Artisan Shop
Institutional
Bed and Breakfast Operation
Kennel
Canopy
Liquor Sales
Caretaker's Residence
Marina
Guest Ranch
Resort
Park or Playground
Storage Facility
Recreation (Extensive)
Recreation (Intensive)
Utility Building
Lot Requirements
(a) Lots shall be to an appropriate size to accommodate the proposed use to the satisfaction of
the Subdivision Authority or Development Authority, as applicable.
Site Regulations
(b) Sites within a Hamlet shall conform as a minimum to the property line setback provisions
provided in the Hamlet Residential District.
(c) Sites within a rural area, outside of a Hamlet shall conform to the property line setbacks
provided in the Agricultural District.
Additional Requirements
(d) Council shall consider the overall impact upon the community when determining re-
districting applications of land within this District.
(e) Re-districting of land within this District may require amendments to the applicable Hamlet
Area Structure Plan which, where required, shall be completed prior to granting of final
readings to the re-districting bylaw.
(f) In remote areas, as determined by the Subdivision Authority or Development Authority, as
applicable, compliance with Fire Smart guidelines is mandatory.
(g) Access and signage shall be to the satisfaction of the approving authority including Alberta
Transportation and Economic Corridors.
Bylaw No. 26-2024
Land Use Bylaw
28
3.6.
Communal Recreational (CMR) District
General Purpose of District
The general purpose of this District is to allow for a range of development that typically locates
adjacent to prominent natural features, includes overnight accommodation for guests, and a
wide variety of recreational opportunities.
Uses
PERMITTED
DISCRETIONARY
Accessory Building
Amusement, Indoor
Accessory Use
Amusement, Outdoor
Artisan Shop
Caretaker's Residence
Cabin
Campground
Canopy
Eating and Drinking Establishment
Dwelling, Manufactured Home
Garage Suite
Dwelling, Single Detached
Garden Suite
Park or Playground
Institutional
Resort
Recreation (Extensive)
Utility Building
Recreation (Intensive)
Lot Requirements
Lot areas shall be at the discretion of the Subdivision Authority.
Site Regulations
Principal Building:
Minimum Front Yard Setback
7.5 m (24.5 ft) from County roads
7.5 m (24.5 ft) from internal road or hamlet
roads
Minimum Rear Yard Setback
4.6 m (15 ft)
Minimum Side Yard Setback
2.0 m (6.5 ft)
Maximum Site Coverage
40%
Accessory Building:
Minimum Side Yard
(not adjacent to a road/road allowance)
1.5 m (5 ft)*
Minimum Rear Yard
(not adjacent to a road/road allowance)
1.5 m (4.9 ft)**
Minimum Exterior Side and Rear Yard
(adjacent to County roads, internal subdivision
roads and undeveloped road allowances)
4.6 m (15 ft)
*Dependent on the type of construction, a greater setback may be required as per Building Code
**Except when an accessory building, such as a garage, has an overhead door that faces the
rear lane access, in which case the rear yard setback shall be a minimum of 6.1 m (20 ft)
Bylaw No. 26-2024
Land Use Bylaw
29
(a) Due to development prior to incorporation of Big Lakes as a Municipal District, site
regulations for Shaw's Point: Plan 032 6208, Pt. SW 12-75-14-W5, and Plan 032 0962 as well
as SW3 74-13-W5M within Joussard shall be at the discretion of the Subdivision and
Development Authorities.
Additional Requirements
(b) Permanent Dwellings within this District are restricted to the following resort communities:
COMMUNITY NAME
LEGAL DESCRIPTION
Red Sky Community within the Hamlet of Joussard Pt. NE 7-74-13-5 and SE 18-74-13-5
Key Cove within the Hamlet of Joussard
Plan 032 5341, Pt. SW 3-74-13-5
South West Shore
Plan 142 0722 within SE 18-74-13-5
Deer Park
Plan 072 4705 within NE 32-73-10-W5
Poplar Point
Plan 112 3283 within NW 32-73-10 W5
Sunset Park
Plan 102 5552 within NE 32-73-10 W5
Hilliard's Bay Estates
SE 20-75-13-5
Shaw's Point
Plan 032 6208, Pt. SW 12-75-14-W5, and
Plan 032 0962
SW 3 74-13-W5M within Joussard
Bylaw No. 26-2024
Land Use Bylaw
30
3.7.
Country Residential (CR) District
General Purpose of District
The purpose of this District is to provide for traditional country residential living on rural lands in
a manner that does not detract from the character of the surrounding agricultural community.
Uses
PERMITTED
DISCRETIONARY
Accessory Building
Bed and Breakfast Operation
Accessory Use
Boarding or Lodging House
Canopy
Garden Suite
Dwelling - Single Detached
Garage Suite
Dwelling - Manufactured Home
Home Occupation (Major)
Home Occupation (Minor)
Institutional
Utility Building
Lot Requirements
Minimum Parcel Area
1.2 ha (3 ac)
Maximum Parcel Area
4.0 ha (10 ac)
Minimum Lot Width
30.0 m (98 ft)
(a) Parcel density shall be at the discretion of the Subdivision Authority.
Site Regulations
Minimum Front Yard Setback
40 m (131 ft) from highways and County roads
7.5 m (25 ft) from internal road or hamlet roads
Minimum Rear Yard Setback
7.5 m (25 ft)
Minimum Side Yard Setback
6.1 m (20 ft)
Height
N/A
Additional Requirements:
(b) All newly created parcels shall be accessed from internal roads except where no reasonable
alternative exists.
(c) Notwithstanding the requirements of 7.6.4 above, moveable (not on fixed foundation)
buildings with a floor area less than 10 m2 (108 ft2) in area may be located in the rear or side
yard with a minimum setback of 5 m (16 ft).
Bylaw No. 26-2024
Land Use Bylaw
31
3.8.
Crown Land (CL) District
General Purpose of District
The general purpose of this district is to provide a basis for the direction of development on
Crown Lands through collaboration with the Provincial Government and provide development
direction for lands if released by the Crown for private ownership.
Uses
PERMITTED
DISCRETIONARY
Accessory Building
Agriculture (Intensive)
Accessory Use
Data Processing Facility
Cabin (in alignment with (b))
General Industrial
Industrial Wellsite Trailer (up to 3 units)
Heavy Industrial
Water Reservoir
Industrial Camps
Natural Resource Processing
Oil and Gas Processing Plant
Shooting Range
Solar (Freestanding) > 28 m2
Wind Power
Additional Requirements
(a) In case of an application for a development permit on Crown Land, the County shall require
Provincial authorization and/or copy of the Provincial Land Disposition prior to the issuance
of a development permit.
(b) Notwithstanding (a), the Province may require municipal development permit approval as
part of a lease agreement (e.g. Spruce Point Park Association recreation lease, Winagami
Lake Provincial Park Cottage lot development area, Joussard Community Association
campground and RV park). In this instance, development permit approval shall be at the
discretion of the Development Authority.
(c) In the event that Crown Land is transferred to private ownership, the land must be re-
districted to an appropriate District suitable for the proposed use.
(d) All development standards, including minimum requirements and maximum limits, shall be
at the discretion of the Development Authority.
Bylaw No. 26-2024
Land Use Bylaw
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3.9.
Hamlet Commercial (HC) District
General Purpose of District
The general purpose of this District is to allow for a wide range of retail commercial and related
land uses designed to service the needs of residents in and around the hamlet area, that is
consistent with and sensitive to existing development and adjacent residential uses.
Uses
PERMITTED
DISCRETIONARY
Accessory Building
Animal Health Care Services
Accessory Use
Cannabis Retail Store
Amusement Indoor
Caretaker's Residence
Artisan Shop
Convention Services
Automobile Repair Services
Flea Market
Canopy
Funeral Service
Retail (Small)
Kennel
Cultural Facility
Liquor Manufacturing
Day Care Services
Liquor Sales
Dwelling, Live Work Unit
Service Station
Eating and Drinking Establishment
Storage Facility
Health Service
Vehicle Sales/Rentals
Hotel/Motel
Institutional
Office
Personal Service Establishment
Retail (General)
Lot Requirements
Minimum Lot Area
At the discretion of the Subdivision/Development Authority
Minimum Lot Width
15 m (49 ft)
Site Regulations
Minimum Front Yard Setback
3 m (10 ft)
Rear Yard Setback
3 m (10 ft)
Side Yard Setback
3 m (10 ft)
Height
12 m (39 ft)
Additional Requirements
(a) Outside storage of goods, products, materials, or equipment shall be screened from public
thoroughfares and residential properties to the satisfaction of the Development Authority.
Bylaw No. 26-2024
Land Use Bylaw
33
3.10. Hamlet Industrial (HI) District
General Purpose of District
The general purpose of this District is to accommodate opportunities for workshop, light
industrial and manufacturing development within Hamlets, which do not cause any nuisance or
danger to surrounding hamlet development.
Uses
PERMITTED
DISCRETIONARY
Accessory Building
Bulk Fuel Depot
Accessory Use
General Industrial
Agricultural Support Services
Industrial Wellsite Trailer
Animal Health Care Services
Kennel
Auctioneering Establishment
Liquor Manufacturing
Automobile Repair Services
Maintenance Yard
Canopy
Pressure Vessel Storage
Dwelling, Live Work Unit
Storage Facility
General Contractor Services
Storage Tank, Above Ground
Oilfield Services
Service Station
Solar (Freestanding) < 28 m2
Trucking Operation
Utility Building
Vehicle Sales/Rentals
Warehousing
Lot Requirements
(a) All lots shall be a minimum of 0.2 ha (0.5 ac) in size.
(b) All other parcel standards are at the discretion of the Development Authority or Subdivision
Authority.
Site Regulations
Minimum Front Yard Setback
10 m (33 ft)
Rear Yard Setback
10 m (33 ft)
Side Yard Setback
10 m (33 ft)
Height
14 m (46 ft)
Additional Regulations
(c) Where a multi-lot business park is proposed, an Area Structure Plan shall be prepared to
guide development.
Bylaw No. 26-2024
Land Use Bylaw
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3.11. Hamlet Manufactured Home Court (HMHC) District
General Purpose of District
The general purpose of this District is to allow compatible manufactured home communities in
an urban setting.
Uses
PERMITTED
DISCRETIONARY
Accessory Building
Bed and Breakfast Operation
Accessory Use
Garden Suite
Dwelling, Manufactured Home
Home Occupation (Major)
Home Occupation (Minor)
Institutional
Manufactured Home Court
Park or Playground
Utility Building
Lot Requirements
Minimum Lot Area
370 m2 (3,983 ft)
All lots shall have a minimum size to
accommodate the proposed use to the
satisfaction of the Subdivision Authority and
Development Authority, as applicable.
Minimum Lot/Unit Widths
12 m (39 ft) - Single Wide
20 m (65.5 ft) - Double Wide
Site Regulations
Minimum Front Yard Setback
7.5 m (24.5 ft)
Minimum Rear Yard Setback
3 m (10 ft)
Minimum Side Yard Setback
3 m (10 ft)
Maximum Site Coverage
40%
Additional Regulations
(a) All roads in a manufactured home court shall be hard-surfaced to the satisfaction of the County.
(b) All units within a manufactured home park shall be fully serviced in accordance with the
servicing standards of the County.
(c) All utilities shall be underground.
(d) No principal building shall be closer than 6.1 m (20 ft) to another principal building.
Bylaw No. 26-2024
Land Use Bylaw
35
(e) The development area of a manufactured home court shall be landscaped to the satisfaction
of the Development Officer.
(f) A minimum of 10% of the Manufactured Homecourt gross area shall be designated as
municipal reserve.
(g) All homes shall be skirted or parged to the satisfaction of the Development Authority.
(h) Where a development permit for a manufactured home court has been approved, separate
development permits for each individual Dwelling, Manufactured Home will be required.
(i) An overall site plan indicating the general layout of lots, roads, buildings and open spaces
shall be provided as part of an application for a manufactured home court.
Bylaw No. 26-2024
Land Use Bylaw
36
3.12. Hamlet Mixed Use (HM) District
General Purpose of District
The general purpose of this District is to allow compatible residential and commercial land uses
within the same area.
Uses
PERMITTED
DISCRETIONARY
Accessory Building
Animal Health Care Services
Accessory Use
Apartment Building
Artisan Shop
Bed and Breakfast Operation
Canopy
Boarding or Lodging House
Retail (Small)
Caretaker's Residence
Cultural Facility
Convention Services
Dwelling - Duplex
Day Care Services
Dwelling, Live Work Unit
Drive Through Business
Dwelling - Manufactured Home
Flea Market
Dwelling - Row House
Funeral Service
Dwelling - Single Detached
Garage Suite
Eating and Drinking Establishment
Garden Suite
Health Service
Group Home
Home Occupation (Minor)
Home Occupation (Major)
Institutional
Hotel/Motel
Park or Playground
Liquor Manufacturing
Utility Building
Liquor Sales
Personal Service Establishment
Retail (General)
Service Station
Tourist Home
Vehicle Sales/Rentals
Lot Requirements
(a) All lots shall be a minimum of 15m (49 ft) in width.
(b) All other parcel standards are at the discretion of the Development Authority or Subdivision
Authority.
Bylaw No. 26-2024
Land Use Bylaw
37
Site Regulations
Principle Building:
Minimum Front Yard Setback
7.5 m (24.5 ft)
Minimum Rear Yard Setback
7.5 m (24.5 ft)
Minimum Side Yard (Interior) Setback
2 m (6.5 ft)
Minimum Side Yard (Exterior) Setback
3 m (10 ft)
Accessory Building:
Minimum Side Yard
(not adjacent to a road/road allowance)
1.5 m (5 ft)*
Minimum Rear Yard
(not adjacent to a road/road allowance)
1.5 m (5 ft)**
Minimum Exterior Side and Rear Yard
(adjacent to County roads, internal subdivision
roads and undeveloped road allowances)
4.6 m (15 ft)
Site Coverage:
40% or a maximum coverage of 371 m2 (3993
ft2), whichever is greater
*Dependent on the type of construction, a greater setback may be required as per Building Code
**Except when an accessory building, such as a garage, has an overhead door that faces the
rear lane access, in which case the rear yard setback shall be a minimum of 6.1 m (20 ft)
Additional Requirements
(c) The Development Authority shall consider the overall impact upon the community when
determining redistricting applications of land within this District; and
(d) Redistricting of land within this District may require amendments to the applicable Hamlet
Area Structure Plan, which, where required shall be completed prior to granting of final
readings to the redistricting Bylaw.
Bylaw No. 26-2024
Land Use Bylaw
38
3.13. Hamlet Residential (HR) District
General Purpose of District
The general purpose of this District is to allow a variety of residential land uses of a smaller scale
and higher density compared to the Hamlet Estate district, which are compatible with the
overall residential character of a Hamlet.
Uses
PERMITTED
DISCRETIONARY
Accessory Building
Apartment Building
Accessory Use
Bed and Breakfast Operation
Canopy
Boarding or Lodging House
Dwelling - Duplex
Cabin
Dwelling - Single Detached
Dwelling, Row House
Home Occupation (Minor)
Dwelling - Manufactured Home
Institutional
Garden Suite
Utility Building
Garage Suite
Group Home
Home Occupation (Major)
Tourist Home
Lot Requirements
Minimum Lot Area - Single Detached
465 m2 (5,000 ft2)
Minimum Lot Area (Per Dwelling Unit) -
Duplex
200 m2 (2,152 ft2)
Minimum Lot Area (Per Dwelling Unit) - Row
House
175 m2 (1,883 ft2)
Minimum Lot Width - Single Detached
15 m (49 ft)
Minimum Lot Width (Per Dwelling Unit)-
Duplex
7.5 m (24.5 ft)
Minimum Lot Width (Per Dwelling Unit) -
Row House
7.5 m (24.5 ft)
Bylaw No. 26-2024
Land Use Bylaw
39
Site Regulations
Principal Building:
Minimum Front Yard Setback
7.5 m (24.5 ft)
Minimum Rear Yard Setback
7.5 m (24.5 ft)
Minimum Side Yard (Interior) Setback
2 m (6.5 ft)
Minimum Side Yard (Exterior) Setback
3 m (10 ft)
Height
11 m (36.1 ft)
Accessory Building:
Minimum Side Yard
(not adjacent to a road/road allowance)
1.5 m (5 ft)*
Minimum Rear Yard
(not adjacent to a road/road allowance)
1.5 m (5 ft)**
Minimum Exterior Side and Rear Yard
(adjacent to County roads, internal subdivision
roads and undeveloped road allowances)
4.6 m (15 ft)
Height
4.6 m (15 ft)
Secondary Suite (Garage):
6.7 m (22 ft)
Site Coverage:
40% or a maximum coverage of 371 m2 (3993
ft2), whichever is greater
*Dependent on the type of construction, a greater setback may be required as per Building Code
**Except when an accessory building, such as a garage, has an overhead door that faces the
rear lane access, in which case the rear yard setback shall be a minimum of 6.1 m (20 ft)
Bylaw No. 26-2024
Land Use Bylaw
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3.14. Hamlet Residential Estate (HRE) District
General Purpose of District
The general purpose of this District is to allow lower density single detached dwellings, and
those uses which are compatible with the overall residential character of a Hamlet.
Uses
Lot Requirements
Minimum Lot Area
510 m2 (5489 ft2)
Minimum Lot Width
15 m (49 ft)
Minimum Lot Depth
34 m (111.5 ft)
Site Regulations
Principal Building:
Minimum Front Yard Setback
7.5 m (24.5 ft)
Minimum Rear Yard Setback
7.5 m (24.5 ft)
Minimum Side Yard (Interior) Setback
2 m (6.5 ft)
Minimum Side Yard (Exterior) Setback
3 m (10 ft)
Height
11 m (36.1 ft)
Accessory Building:
Minimum Side Yard
(not adjacent to a road/road allowance)
1.5 m (5 ft)*
Minimum Rear Yard
(not adjacent to a road/road allowance)
1.5 m (5 ft)**
Minimum Exterior Side and Rear Yard
(adjacent to County roads, internal subdivision
roads and undeveloped road allowances)
4.6 m (15 ft)
Height
4.6 m (15 ft).
PERMITTED
DISCRETIONARY
Accessory Building
Bed and Breakfast Operation
Accessory Use
Boarding or Lodging House
Canopy
Garden Suite
Dwelling - Single Detached
Garage Suite
Home Occupation (Minor)
Home Occupation (Major)
Institutional
Utility Building
Bylaw No. 26-2024
Land Use Bylaw
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Secondary Suite (Garage):
6.7 m (22 ft).
Site Coverage:
40% or a maximum coverage of 371 m2 (3993
ft2), whichever is greater
*Dependent on the type of construction, a greater setback may be required as per Building Code
**Except when an accessory building, such as a garage, has an overhead door that faces the
rear lane access, in which case the rear yard setback shall be a minimum of 6.1 m (20 ft)
Bylaw No. 26-2024
Land Use Bylaw
42
3.15. Highway Commercial (HWC) District
General Purpose of District
The general purpose of this District is to allow for development that would accommodate the
travelling public, along highways and major roadways, in a manner that does not conflict with
other land uses, or highway safety.
Uses
PERMITTED
DISCRETIONARY
Animal Health Care Services
Amusement, Indoor
Accessory Building
Amusement, Outdoor
Accessory Use
Automobile Repair Services
Automobile Dealership
Bulk Fuel Depot
Canopy
Cabin
Retail (Small)
Cannabis Retail Store
Drive Through Business
Caretaker/Security Residence
Dwelling, Live Work Unit
Cultural Facility
Eating and Drinking Establishment
Dwelling
Health Service
Funeral Service
Hotel/Motel
General Contractor Services
Institutional
Industrial Wellsite Trailer
Retail (General)
Liquor Manufacturing
Service Station
Liquor Sales
Utility Building
Storage Facility
Trucking Operations
Vehicle Sales/Rentals
Lot Requirements
Minimum Site Width
60 m (197 ft)
Minimum Site Depth
45 m (148 ft)
Parcel Density
At the discretion of the Subdivision Authority
Bylaw No. 26-2024
Land Use Bylaw
43
Site Regulations
Minimum Front Yard Setback
40 m (131 ft) from Highways
20 m (64.5 ft) from County Roads
10 m (33 ft) from Internal Roads
Minimum Rear Yard Setback
40 m (131 ft) from Highways
20 m (64.5 ft) from County Roads
10 m (33 ft) from Internal Roads
10 m (33 ft) adjacent to other property lines
Minimum Side Yard Setback
40 m (131 ft) from Highways
10 m (33 ft) adjacent to County Roads
10 m (33 ft) from Internal Roads
6.1 m (20 ft) adjacent to other property line.
Maximum Building Height
12 m (39 ft)
Maximum Site Coverage
40% including both principal and accessory
buildings combined.
Bylaw No. 26-2024
Land Use Bylaw
44
3.16. Parks and Institutional (PI) District
General Purpose of District
The purpose of this District is to provide a range of park, recreation and institutional land uses
which are compatible with urban and rural communities within the County.
Uses
PERMITTED
DISCRETIONARY
Accessory Building
Day Care Services
Accessory Use
Funeral Services
Canopy
Group Home
Cemetery
Marina
Community Recreation Services
Recreation (Extensive)
Cultural Facilities
Recreation (Intensive)
Educational Services
Institutional
Park or Playground
Place of Worship
Public Works Building
Utility Building
Water Reservoir
Subdivision Requirements
All lots shall have a minimum size to accommodate the proposed use to the satisfaction of the
Subdivision Officer and Development Officer, as applicable.
Site Requirements
Minimum Front Yard Setback
7.5 m (24.5 ft) within hamlets
40 (131 ft) from highways and County Roads
Minimum Rear Yard Setback
7.5 m (24.5 ft)
Minimum Side Yard Setback
6.1 m (20 ft) abutting a public road
3 m (10 ft) abutting another lot line
Height
N/A
Bylaw No. 26-2024
Land Use Bylaw
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3.17. Rural Industrial (RI) District
General Purpose of District
The general purpose of this district is to provide for larger-scale intensive industrial
development best suited for areas outside of Hamlets and urban settings.
Uses
PERMITTED
DISCRETIONARY
Abattoir
Bulk Fuel Depot
Accessory Building
Caretaker's Residence
Accessory Use
Concrete / Asphalt Plant
Agricultural Industry
Data Processing Facility
Agricultural Support Services
General Contractor Services
Animal Health Care Services
General Industrial Use
Auctioneering Establishment
Heavy Industrial
Automobile Repair Services
Industrial Camp
Bulk Agricultural Chemical Distribution
Industrial Wellsite Trailer
Canopy
Liquor Manufacturing
Dwelling, Live Work Unit
Maintenance Yard
Oilfield Services
Medical Marijuana Facility
Service Station
Natural Resource Processing
Solar (Freestanding) < 28 m2
Oil and Gas Processing Plant
Trucking Operation
Pressure Vessel Storage
Utility Building
Salvage Yard
Warehousing
Storage Facility
Storage Tank, Above Ground
Transloading Facility
Solar (Freestanding) > 28 m2
Wind Power
Lot Requirements
(a) Rural areas, outside hamlets: All lots shall be a minimum of 0.8 ha (2 ac) in size.
Site Regulations
(b) Front yard setbacks shall be a minimum of:
i)
40 m (131 ft) from a Highway;
ii) 40 m (131 ft) from a County Road;
iii) 10 m (33 ft) from an internal road or hamlet road.
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(c) Rear and Side yard setbacks are to be a minimum of:
i)
40 m (131 ft) from a Highway;
ii) 40 m (131 ft) from a County road;
iii) 10 m (33 ft) from an internal road or hamlet road;
iv) 10 m (33 ft) from another property line.
(d) Caretaker's Residence:
i)
In this District a Caretaker's Residence may be allowed at the discretion of the
Development Authority, to a maximum of one (1) suite per Lot and accessory to the
Principal Use. Where approval is given, the following regulations shall apply:
a. where the Caretaker's Residence is a manufactured home unit, the unit shall have
Canadian Standards Association certification or equivalent. Proof of these shall be
submitted with the Development Permit application.
b. The manufactured home unit shall be secured and properly skirted to the
satisfaction of the Development Authority.
(e) Outside Storage and Display:
a. there shall be no outside storage of goods, products, materials, or equipment
permitted within the front yard setback of this District.
b. outside storage of goods, products, materials, or equipment shall be screened from
public thoroughfares to the satisfaction of the Development Authority.
Additional Requirements
(f) All parcels shall be large enough to accommodate the proposed use.
Bylaw No. 26-2024
Land Use Bylaw
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3.18. Urban Reserve (UR) District
General Purpose of District
The general purpose of this District is to allow some development within lands that are
identified for future urban growth.
Uses
PERMITTED
DISCRETIONARY
Accessory Building
Agriculture (Intensive)
Accessory Use
Institutional
Park or Playground
Solar (Freestanding) < 28 m2
Utility Building
Lot Requirements
(a) As required by the Subdivision Officer and appropriate for the proposed use.
(b) Parcels must be designed to incorporate fully serviced lots.
Site Regulations
Principal Building:
Minimum Front Yard Setback
40 m (131 ft) from Highways
7.5 m (24.5 ft) All other roads
Minimum Rear Yard Setback
7.5 m (24.5 ft)
Minimum Side Yard Setback
2 m (6.5 ft)
Accessory Building:
Minimum Side Yard
(not adjacent to a road/road allowance)
1.5 m (5 ft)*
Minimum Rear Yard
(not adjacent to a road/road allowance)
1.5 m (5 ft)**
Minimum Exterior Side and Rear Yard
(adjacent to County roads, internal subdivision
roads and undeveloped road allowances)
4.6 m (15 ft)
*Dependent on the type of construction, a greater setback may be required as per Building Code
**Except when an accessory building, such as a garage, has an overhead door that faces the
rear lane access, in which case the rear yard setback shall be a minimum of 6.1 m (20 ft)
Bylaw No. 26-2024
Land Use Bylaw
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3.19. Airport Protection Overlay (AP) District
General Purpose of District
The purpose of the Airport Protection Overlay District is to reflect the extent of the noise
exposure of forecast areas and height limitations affecting airports in the County.
Uses
(a) Permitted and discretionary uses within the AP District are the same as those in the underlying
district unless they are prohibited by this overlay because they will cause objectionable or
dangerous conditions that would interfere with safety by reason of causing excessive:
i)
discharge of toxic, noxious, or other particulate matter into the atmosphere;
ii) radiation or interference by the use of electronic equipment such as equipment for commercial
purposes that cause electrical interference with navigational signals or radio communications;
iii) conflicting aircraft movements from private airstrips;
iv) fire and explosive hazards;
v) accumulation of any material or waste edible by or attractive to birds, or
vi) development that creates glare or lighting that interferes with lights necessary for
aircraft landing or take-off.
Subdivision Regulations
(b) The subdivision regulations of the underlying district apply.
Development Regulations
(c) All developments adjacent to an Airport and/or within the AP District shall be reviewed in
accordance with "Transport Canada's Guide - TP 1247E, Land Use in the Vicinity of Airports"
as updated from time to time.
(d) No development shall be approved which will jeopardize the safe use of the airports.
(e) The following criteria shall be applied to subdivision and development near all airports
within the AP District as identified in Schedule A - Land Use District Map:
i)
Development shall not exceed in height the structural height limitation requirements as
prescribed by Transport Canada and indicated on Schedule B-1 - High Prairie Airport Height
Limitation and Schedule B-2 - High Prairie Airport Height Limitation. The height of the
development shall be approved in consultation with Transport Canada.
(f) Applications to erect or construct on any land within the AP District shall be forwarded to
Transport Canada for technical comment prior to issuance of a development permit.
Applications will be analyzed on a case-by-case basis and may be refused, notwithstanding
that a land use class is listed as permitted, if it is deemed that such use class shall interfere
with the operation of the airport.
(g) Before considering any of the land uses listed below, the Development Authority shall
consult with Transport Canada:
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i)
A plant for processing and/or manufacturing of products from petroleum, natural gas,
or other hydrocarbons, chemical or related products, stone, clay or glass products,
fertilizers, animal by-products.
ii) Anything that includes an electronic device, apparatus and or equipment that is used for
industrial, scientific, medical, research purposes and/or produces and utilizes radio
frequency in its operations but does not interfere with radio communication.
iii) Uses that will or will likely result in:
a. emissions of steam or smoke or other particles which may impair vision
b. outdoor storage of large quantities of any material or waste edible by or attractive
to birds, or
c. the use of extensive exterior lighting
iv) Uses that will result in:
a. Interference with airspace up to 305 m (1,000 ft) above ground level;
b. tethered balloons (with conditions) within five nautical miles; and
c. private airstrips (with conditions) within five nautical miles
v) Construction of towers or masts extending upwards more than 45 m (147.5 ft) within
five (5) nautical miles of an airport reference point
(h) If the Development Authority is satisfied that a proposed development shall not interfere
with the safe operation of the airport, then the proposed development may be approved
with or without conditions.
(i) Development within the AP District shall not, in the opinion of the Development Authority
with due regard to Transport Canada's comments, cause excessive
a. discharge of toxic, noxious or other particulate matter into the atmosphere;
b. radiation or interference through the use of electric or electronic equipment;
c. fire and explosive hazards; or
d. accumulation of any material or waste edible by, or attractive to, birds
(j) In addition to the general submission requirements of this Bylaw, where required by the
Development Authority, an application within the AP District must provide the following
information:
i)
The grade elevation of the highest point of proposed buildings, to be referenced to
geodetic elevations. Geodetic elevation is the elevation of a point and its vertical
distance, determined by employing the principles of geodesy above or below an
assumed level surface or datum; and
ii) The proposed building height, in metric measurement, including clearance lights,
mechanical penthouses, antennas, building cranes during construction, receiving or
transmitting structures, masts, flagpoles, clearance markers or any other erection
beyond the height of the principal building structure.
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Part 4:
General
Regulations
4.1.
Applicability
The general regulations included in this section apply in all Districts. Where a conflict appears with
regulations in other sections in this Bylaw, the general regulations apply unless those sections
specifically exclude or modify these general regulations.
4.2.
Accessory Buildings
(a) In residential districts, an accessory building is not allowed without a principal building or use.
(b) In residential districts, unless otherwise provided, accessory buildings shall be built and located
based on the following:
i)
a maximum of one (1) detached garage on a lot or parcel may be considered a permitted use
within a non-agricultural District;
ii) all required yards and setbacks are maintained;
iii) the total floor area for all buildings shall not exceed site coverage specified in the
applicable District;
iv) the Development Officer will require that there be adequate clearance between all buildings;
v) all accessory buildings shall be located in the rear yard except in the case of lakefront parcels;
vi) a boathouse on a lakefront parcel will be located to the satisfaction of the Development Officer;
vii) all enclosed accessory buildings shall have a vertical man-door for access;
(c) Accessory buildings and uses shall be permitted when accessory to a permitted use, and
discretionary when accessory to a discretionary use.
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(d) Notwithstanding subsection (a), at the discretion of the Development Authority, an accessory
building may be constructed on a lot in the absence of a principal building if the proposed
accessory building is required to accommodate the storage of vehicles or equipment.
(e) Where a building is attached to the principal building by an open or enclosed roofed
structure, it is to be considered a part of the principal building and subject to the setbacks
required for the principal building.
4.3.
Sea Can
(a) Industrial structures such as Sea Can units and similar storage containers may be approved
as an accessory building and shall be placed in accordance with the regulations for an
Accessory Building in each District;
(b) A Sea Can shall be aesthetically compatible to the main residential structure on the lot and
the surrounding neighbourhood;
(c) Colour photographs of the Sea Can shall be included with the development permit
application;
(d) Sea Cans shall be located in the rear or side yard only and shall not be permanently fixed to
the ground nor shall it project beyond the front of the principal building on the subject lot;
(e) In a residential or commercial district, the maximum number of Sea Cans allowed on a lot
shall be:
i)
less than 0.2 ha (0.5 ac) - 0ne (1) Sea Can
ii) greater than 0.2 ha (0.5 ac) - at the discretion of the Development Authority
(f) In a residential district the maximum length of a Sea Can shall be 6.1 m (20 ft).
(g) In a non-residential district, the maximum number of Sea Cans that may be placed on a lot
in a non-residential district is at the discretion of the Development Authority. This provision
does not apply where containers are being sold or rented as part of an approved Sea Can
storage or sales related business.
(h) A Sea Can shall have an exterior finish to match or complement the exterior finish of other
buildings on the subject property. If the exterior finish is not acceptable, the Development
Authority may require the sea can to be painted to match the surrounding building colours;
(i) A Sea Can shall be suitably screened from public view to the satisfaction of the Development
Authority.
(j) A temporary permit for the placement and use of a Sea Can on a residential lot may be
permitted at the discretion of the development authority for a period of six (6) months for
the storage of equipment and materials during a period of construction or renovation on the
said lot. After the temporary permit has expired the developer may apply for a one-time
extension to the permit for an additional six (6) months.
(k) The temporary placement of a Sea Can on a construction site will not require screening and
will not be restricted to the side or rear yards.
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(l) Sea Cans cannot be stacked on top of each other or any other building and cannot exceed an
overall height of 3.0 m (10 ft).
(m) No human or animal habitation will be allowed within a Sea Can.
4.4.
Tent and Air Supported Structures
Tents and Air Supported Structures may be approved as an accessory building and shall be
placed in accordance with the regulations for an Accessory Building in each District.
4.5.
Wind Power
(a) Windmills shall be classified as small (up to 3KW), medium (up to 50KW) and large (greater
than 50 KW);
(b) Large windmill structures shall be separated from a residential dwelling with a minimum
distance of 1 km (0.6 mi);
(c) A horizontal windmill blade must be entirely within the property line setback or 1.5 m (5 ft),
whichever is less;
(d) A vertical windmill blade must have a minimum 10 m (33 ft) clearance above grade.
(e) Agreements with impacted landowners may be used in support of a request for a reduction
in site setbacks;
(f) Noise from windmills shall be subject to County Noise Bylaw 7-99;
(g) All windmill applications shall be subject to the obtaining of approval from the relevant
provincial and federal governments; and
(h) All windmills shall be removed from the site and the site shall be reclaimed once the site is
no longer required for the proposed use.
Additional Application Requirements
(i) In addition to the requirements for an application for Development Permit, the following
may be required by the Development Officer:
(a) a site plan at scaled elevation showing the proposed height, tower height, rotor
diameter, colour and proximity to property lines and buildings;
(b) an analysis for noise at the site and the property boundary of the site;
(c) specifications for anchor design, foundation and guy wires; and
(d) details on consultation with Alberta Environment & Protected Areas, NAV Canada,
Transport Canada and the Alberta Energy Regulator as applicable.
4.6.
Solar Panels (Freestanding)
(a) Solar Panels (Freestanding) shall be located such that they do not create undue glare on
neighbouring parcels or roadways.
(b) Solar Panels (Freestanding) shall not be located in the front yard or side yard of a parcel
smaller than 1.2 ha.
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(c) A Development Permit is not required for Solar Panels (Freestanding) with an area of 28 m2
or less so long as they comply with the above Requirements and all setbacks and height
regulations of the applicable District.
(d) A Development Permit is required for Solar Panels (Freestanding) with an area greater than
28 m2 and a Development Permit application will respond to the above Requirements and
all setbacks and height regulations of the applicable District.
(e) Installations of Solar Panels (Freestanding) larger than 5MW (approximately 8 hectares in
size) shall be circulated to adjacent landowners and require Alberta Utilities Commission
(AUC) approval.
Additional Application Requirements
(f) In addition to the requirements for an application for a Development Permit, the following
may be required by the Development Officer:
i)
a site plan at scaled elevation showing the proposed height, tower height, rotor
diameter, colour and proximity to property lines and buildings;
ii) an analysis for noise at the site and the property boundary of the site;
iii) specifications for anchor design, foundation and guy wires; and
iv) details on consultation with Alberta Environment & Protected Areas, NAV Canada,
Transport Canada and the Alberta Energy Regulator as applicable.
4.7.
Solar Panels (Roof/Wall)
(a) Solar Panels (Roof/Wall) may project a maximum of 1.3 m from the surface of the roof and
shall not exceed the maximum height requirements of the applicable District.
(b) Solar Panels (Roof/Wall) shall not extend beyond the outermost edge of the roof.
(c) Solar Panels (Roof/Wall Mounted) may project a maximum of 1.5 m from the surface of the
wall, when the wall faces the rear property line, subject to the setback requirements of the
applicable District.
(d) Solar Panels (Roof/Wall) may project a maximum of 0.6 m from the surface of the wall when
the wall faces the front, or side property line, subject to the setback requirements of the
applicable District.
(e) Solar Panels (Roof/Wall) shall be located such that they do not create undue glare on
neighbouring parcels or roadways.
(f) Solar Panels (Wall Mounted) shall be located a minimum of 2.4 m above grade.
(g) A Development Permit is not required for Solar Panels (Roof/Wall) so long as they comply
with the above Requirements.
4.8.
Bareland Condominiums
(a) A bareland condominium development must comply with all applicable Land Use Bylaw
regulations and theCondominium Property Act.
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(b) For the purposes of this Bylaw, a bareland condominium plan is a plan of subdivision. A unit
within a bareland condominium plan is considered a lot for development control purposes.
(c) Development of land within a bareland condominium shall be considered the same as the
development of land within a fee simple subdivision, with each unit of land treated as an
individual lot.
(d) Development within a bareland condominium shall be subject to all of the provisions of the
relevant District.
4.9.
Bed and Breakfast Operations
(a) Bed and Breakfast Operations shall:
i)
be limited to one meal provided on a daily basis to registered guests only, with such
meal being prepared in one common kitchen and served in one common room;
ii) be limited to residential and agricultural Districts and the guest units shall be contained
entirely within the principal building;
iii) be limited to one (1) off-street parking space per rented guest room in addition to off-
street parking required for the residential use;
iv) be required to hold any permits or authorizations required by the local or Provincial
Health Authority, as well as be in compliance with the Safety Codes Act;
v) accommodate no more than 8 (eight) registered guests at one time.
4.10. Building Appearance and Building Exteriors
(a) The design, construction and architectural appearance of any building or structure shall be
to the satisfaction of the Development Authority.
(b) The exterior finish on all buildings shall be of a permanent material, complementary to the
surrounding neighbourhood, and satisfactory to the Development Authority.
4.11. Building Demolition
(a) The demolition of a building within non-Agricultural Districts shall require a Development
Permit. Such a permit shall contain a statement indicating:
i)
how the demolition will be carried out;
ii) how the parcel will be reclaimed and/or redeveloped.
(b) Demolitions shall be completed within a six (6) month time period from the date of issuance
of the Development Permit.
4.12. Campgrounds and Resorts
(a) When considering an application for development of a campground or resort the Development
Authority shall have regard for the suitability of the site based upon its physical attributes,
accessibility, surrounding land uses and environmental sensitivity.
(b) An application for a campground or resort shall include a detailed stormwater management
plan, indicate the locations of camper and visitor parking, children's play areas, utility systems,
buildings and play areas, as well as clearly identify internal road networks.
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(c) The layout and overall campground or resort design shall be to the satisfaction of the
Development Authority.
(d) The County may require the submission of a Traffic Impact Assessment (TIA) at the time of
application. The County may impose conditions on the development permit based on the
recommendations of the TIA.
(e) All campgrounds and resorts should comply with FireSmart Guidelines in accordance with the
Province of Alberta FireSmart Manual.
(f) All campgrounds and resorts shall be accessible to emergency services at all times when in
operation.
(g) Campgrounds are to be used on a short-term basis and cannot be used for long term or seasonal
occupancy.
(h) Resorts may be used on a short term, long term, or seasonal basis.
(i) A campground or resort shall provide for both on-site and off-site security with due regard to
minimization of issues related to the impact and security of adjoining properties.
(j) A minimum of 10% of the land area of the campground or resort area shall incorporate open space
areas for recreational use in a manner consistent with the use standards of a municipal reserve lot.
(k) All campgrounds and resorts shall include communications, lighting, water, wastewater, and
electrical services appropriate for the intended use.
(l) A campground shall be of a size appropriate for the intended use but shall not be less than 0.4 ha
(1 ac) in area. A resort shall have a minimum size of 2 ha (4.9 ac) in area. For this provision, area
means all stalls, units, recreation and open spaces, utility areas and roadways.
(m) Applicants may be required to prepare a land use plan for phased and larger scale campgrounds
and resorts.
(n) Storage of private chattels, decks, equipment, and other improvements within a resort through
non-operational seasons shall be prohibited unless approved through a condition of development
permit approval.
(o) Subsection (n) above shall not be considered within the Communal Recreation District including
bareland condominium developments.
(p) Internal roads surfaces shall be a minimum of 3 m (10 ft) in width for one-way traffic and 6.1 m (20
ft) in width for two-way traffic.
(q) Camping stalls shall be large enough to accommodate a parking space, picnic table and an area for
the setting up of a tent.
(r) Camping stalls for Recreational Vehicles shall be designed in accordance with the following design
standards:
Minimum Width
10.7 m (35 ft)
Minimum Depth
18 m (60 ft)
*A zero-lot line setback shall not adjoin another zero lot line setback
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4.13. Communal Servicing
(a) Where required development shall provide sewage disposal facilities to the satisfaction of
the Development Authority, including compliance with the Alberta Environment &
Protected Areas Standards of Practice and obtaining the necessary approvals.
(b) The availability and suitability of on-site water shall be confirmed and provided, at the time of
subdivision application submission, in accordance with the Public Health Act as amended.
(c) Resort developments shall be serviced through piped communal systems for both water and
wastewater services unless future utility network services or engineering constraints make the
service impractical in the opinion of the County.
4.14. Communication Towers
(a) Unless excluded under Section 6 of 'CPC-2-0-03 - Radiocommunication and Broadcasting Antenna
Systems,' an Antenna System shall be reviewed by the Development Authority to ensure
concurrence with the Bylaw.
(b) The system's tower shall be set back a minimum distance equal to the height of the tower from all
parcel lines, and a minimum distance of 3.0 m from any other structure on the parcel on which the
system is located.
(c) A Development Permit application will respond to the above noted requirements and shall include
the following:
i)
Any feedback from Transport Canada based on the submission of the Aeronautical Obstruction
Clearance form including aeronautical obstruction marking requirements,
ii) Any feedback from NAV CANADA based on the submission of the Land-use Proposal Submission
form,
iii) A Site Plan showing:
a. the location and dimensions of the system tower including the locations of any anchors,
b. all existing buildings, structures on the parcel,
c. all distances from the system tower and any anchors to property lines
d. all distances between the system tower and other buildings or structures on the parcel, and
e. such other considerations as the Development Authority may deem to be relevant.
4.15. Corner and Double Fronting Sides
The front lot line of corner parcels abutting onto two public
roadways shall be the shorter line of the two. In the case that both
lot lines are the same length, the front lot line shall be designated
at the discretion of the Development Authority. In the case of a
double-fronting, either street line may be considered the front
line, but the other street line shall be the rear lot line.
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4.16. Sight Triangles
On any corner site in a residential district, no person shall
erect, place or maintain within the sight triangle a wall, fence,
shrub, trees, hedge or any object over 0.9 m (3 ft) in height
above the lowest street grade adjacent to the intersection.
Generally, the sight triangle is measured 6.1 m (20 ft) back
from the intersection.
4.17. Development Near Highways
(a) A minimum building setback of 40 m (131 ft) is required from the right-of-way boundary of a
highway, unless a lesser distance is approved by Alberta Transportation and Economic
Corridors.
(b) All highway approaches shall be developed to the satisfaction of Alberta Transportation and
Economic Corridors and the County. The cost of all improvements shall be borne by the
developer.
(c) Any development permit approved for a development located within 300 m (984 ft) of a
provincial right-of-way or 800 m (0.5 mi) of the centre point of the intersection of a highway
and public road intersection shall be issued subject to approval of the development by
Alberta Transportation and Economic Corridors (or the government agency having
jurisdiction).
4.18. Development Near County Roads
(a) A minimum building setback of 40 m (131 ft) is required from the edge of the right-of-way
boundary of a County Road or undeveloped County road allowance unless specified
otherwise in this Bylaw.
(b) Where a County Road has been identified for future road widening, the setback from the
edge of the right-of-way may be increased by the width of the said proposed road widening
upon consultation with the County's Public Works Department.
4.19. Development Near Waterbodies and Slopes
(a) Where development is adjacent to waterbodies or slopes, the following regulations shall apply:
i)
a minimum setback of 10 m (33 ft) from a waterbody or the high-water mark of the
1:100-year flood plain, if known.
ii) Notwithstanding (a)i), a minimum of 30 m (98 ft) from the shoreline of Lesser Slave
Lake.
iii) where a slope is in excess of 15%, a 15 m (50 ft) setback from the toe and crest, as
defined by a certified professional engineer, shall apply, unless a lesser distance is
supported through a geotechnical analysis.
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4.20. Development on Lands Containing a High-Water Table
(a) A high-water table is defined as land within a proposed building site that features a near
surface water table less than 2 m (6.5 ft) below grade. As part of a development permit
approval, the County:
i)
may allow the development of basements where the water table is greater than 1 m (3
ft) and less than 2 m (6.5 ft) where supported by a report completed by a qualified
geotechnical engineer, satisfactory to the County and the Safety Codes approving
authority;
ii) shall prohibit basement development where the near surface water table is less than 1
m (3 ft).
4.21. Dwelling Density
(a) No person shall construct or locate or cause to be constructed or located more than one (1)
principal dwelling unit on a parcel unless specifically provided for in this bylaw (e.g. multiple
unit buildings that are considered specific uses within certain districts, and more than one
(1) single detached dwelling within the AG district).
(b) Notwithstanding subsection (a), the Development Officer may issue a development permit
allowing one (1) or more additional dwellings on a parcel. When determining whether or
not to allow an additional dwelling on a parcel, the Development Officer shall consider:
i)
the suitability of the site for the proposed dwelling;
ii) the length of time that the developer requires the proposed dwelling;
iii) access to and from the site;
iv) the provision of proper water and sewer services;
v) existing and future surrounding land uses;
vi) whether or not the proposed development meets the spirit and intent of the subject
District;
vii) no more than two (2) dwelling units on a parcel that is less than 32 ha (80 ac); and
viii) no more than four (4) dwelling units on a parcel greater than 32 ha (80 ac).
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(c) Notwithstanding subsection (b), the Development Authority may issue a development
permit allowing a multi-unit (colony) dwelling(s) on a parcel within the Agriculture (AG)
District.
4.22. Environmentally Sensitive Lands
(a) Development on lands deemed environmentally sensitive, by the County, shall be
discouraged.
(b) As part of a subdivision review on a parcel that includes Environmentally Sensitive Land, the
County may require the landowner to enter into an Environmental Conservation Agreement
or dedication of land to Environmental Reserve or an Environmental Reserve Easement that
will support the protection of environmentally sensitive lands without unduly impacting
lands that are developable.
(c) As part of a development permit application, the Development Officer may require a
geotechnical study, prepared by a qualified geotechnical engineer, addressing the proposed
development. The geotechnical study will recommend development setbacks from property
lines based upon land characteristics of the subject property.
(d) As part of a development permit application, the Development Officer may require a
professional biologist to prepare a biophysical report to address biophysical issues on the
subject property and to recommend appropriate development setbacks from property lines.
(e) In addition to the list of development permit conditions provided in this Bylaw, the
Development Officer shall consider the following:
i)
the impact of the proposed development on the subject and surrounding lands;
ii) professional recommendations including those of geotechnical engineers, biologists,
Alberta Environment & Protected Areas; and
iii) conditions of development approval which will mitigate the impact of the proposed
development upon the biodiversity and/or stability of the parcel and adjoining lands.
(f) Notwithstanding the above, redevelopment of environmentally sensitive lands may be
considered by the Development Officer provided appropriate and reasonable measures are
undertaken to minimize risk. This may include, but not necessarily be limited to:
i)
the creation of a building site a minimum of 0.5 m (1.5 ft) above the 1 in 100-year flood plain
elevation;
ii) the inclusion of Federally and Provincially approved flood reduction building standards; and
iii) ensuring that access points to water wells and sewage holding tanks are above the flood
plain elevation.
4.23. Existing Substandard Lots
Proposed development on existing substandard lots which do not meet the provisions of this
Bylaw shall be considered by the Development Authority and development permits may be
issued, having regard for the limitations of the site.
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4.24. Fences and Screening
(a) In any Hamlet district, no fence, wall, or hedge shall be higher than 1.8 m (6 ft) unless
approved by the Development Authority through a development permit.
(b) Siting of a fence, wall, or hedge over 1.8 m (6 ft) in height shall be determined by the
Development Authority, taking into consideration the fences which exist on the parcels
abutting the parcel in question.
(c) Electrified or barbed wire fences will be permitted in a district at the discretion of the
Development Officer but shall not be permitted under any circumstances in a residential district.
(d) In front yards, no fence shall be higher than 1.8 m (6 ft).
(e) The height of a fence shall be determined from the elevation of the facing property line.
(f) A fence or natural screen planting may be required for a storage facility at the discretion of
the Development Authority.
4.25. Filling
(a) The use of filling on undeveloped flood prone lands shall be prohibited.
(b) The County shall not provide development permit approval to a proposal for the use of
filling unless the appropriate permit has first been obtained from Alberta Environment and
Parks or other applicable agencies.
(c) Filling proposals must be prepared by a qualified professional engineer registered in the
Province of Alberta.
4.26. Garden Suites
(a) A garden suite may be approved on a lot of 0.8 ha (2 ac) or more if, in the opinion of
Development Authority, it would not interfere with the existing quality of life or character of
the neighbourhood.
(b) A garden suite shall be located at least 4.0 m (13 ft) away from the principal building and
designed to connect with utilities serving the host residence and shall not jeopardize
services to neighbouring lots.
(c) A garden suite shall be designed, constructed, and finished in a manner that is, in the
opinion of the Development Authority, visually compatible with the principal dwelling on
the site and the general development of the neighbourhood.
(d) The gross floor area of a garden suite shall be no less than 37.2 m2 (400 ft2) and no more
than 65 m2 (700 ft2).
(e) The maximum height of a garden suite shall be no more than 4.6 m (15 ft).
(f) A garden suite shall comply with the minimum setback requirements of the district.
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4.27. Garage Suites
(a) A garage suite may be approved if in the opinion of Development Authority, it would not
interfere with the existing quality of life or character of the neighbourhood.
(b) A garage suite shall be located at least 4.0 m (13 ft) away from the principal building and
designed to connect with utilities serving the host residence and shall not jeopardize
services to neighbouring lots.
(c) A garage suite shall be designed, constructed, and finished in a manner that is, in the
opinion of the Development Authority, visually compatible with the principal dwelling on
the site and the general development of the neighbourhood.
(d) The gross floor area of a garage suite shall be no less than 37.2 m2 (400 ft2) and no more
than 65 m2 (700 ft2).
(e) The maximum height of a garage suite shall be no more than 6.7 m (22 ft).
(f) A garage suite shall comply with the minimum setback requirements of the district.
4.28. Hazard Lands
(a) Development Near Wastewater Treatment Sites, Landfills and Waste Transfer Stations
i)
Development near wastewater treatment sites, landfills and waste transfer stations shall be
in accordance with the Alberta Subdivision and Development Regulation, as amended.
(b) Development Near Sour Gas Facilities
i)
Development near sour gas facilities shall be in accordance with the Alberta Subdivision
and Development Regulation, as amended.
4.29. Pressure Vessel Storage
(a) Pressure vessel storage facilities for materials including but limited to anhydrous ammonia,
propane, oxygen, with a liquid volume capacity exceeding 4546 l (1,000 gal) shall not be
allowed within 0.8 km (0.5 mi) of an, institutional use, commercial business, or residence.
(b) Upon receipt of a development permit application for a development which includes a
pressure vessel storage container with a liquid volume capacity exceeding 4546 l (1,000 gal),
the Development Officer may require the applicant to provide:
i)
a site plan detailing the location and orientation of each pressure vessel;
ii) an emergency response plan, detailing procedures in the event of a pressure vessel
rupture, discharge, or explosion; and
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iii) where applicable, a contact person and the location of the nearest emergency response
team provided by the product vendor.
(c) Commercial pressure vessel storage facilities for the above storage materials with a water
capacity less than 4546 l (1,000 gal) the Development Authority shall consider:
i)
the material to be stored in the pressure vessel;
ii) the orientation of the pressure vessel to buildings in the surrounding neighborhood,
especially those which are used for residential use or public assembly;
iii) the ability of the local fire department to respond to an accident involving the proposed
development; and
iv) the truck route through the community which will be used to service the proposed
development.
(d) Upon receipt of a development permit application which includes a pressure vessel with a
water capacity in excess of 4546 l (1,000 gal), the Development Officer shall refer the
development proposal to the applicable fire department fire chief for his/her comments and
recommendations.
(e) Notwithstanding any other provision of this bylaw, no new residential site development
shall be allowed within 0.8 km (0.5 mi) of an existing anhydrous ammonia storage vessel
with a water capacity exceeding 4546 l (1,000 gal).
(f) All pressure vessel containers shall be constructed, located, and inspected in accordance
with the provisions of the Alberta Safety Codes Act and its regulations, as amended.
4.30. Home Occupation (Minor)
(a) The Home Occupation (Minor) shall be incidental and subordinate to the primary residential
function of the residence.
(b) At all times, the privacy of the adjacent dwellings shall be preserved, and no activity may be
carried on which constitutes a nuisance or annoyance to persons occupying land in the
immediate vicinity of the parcel, by reason of traffic, noise, odours, etc.
(c) The Home Occupation (Minor) shall be contained entirely within the principal dwelling.
(d) Persons employed in the Home Occupation (Minor) shall be residents of the principal dwelling.
(e) The Home Occupation (Minor) shall not alter the character or external appearance of the
land or buildings.
(f) No outside storage of equipment, goods, materials, commodities, or finished products is
permitted.
4.31. Home Occupations (Major)
(a) The Home Occupation (Major) shall be incidental and subordinate to the primary residential
function of the residence.
(b) At all times, the privacy of the adjacent dwellings shall be preserved, and no activity may be
carried on which constitutes a nuisance or annoyance to persons occupying land in the
immediate vicinity of the parcel, by reason of traffic, noise, odours, etc.
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(c) The Home Occupation (Major) may utilize accessory buildings, while maintaining residential
as the primary use on site.
(d) The Home Occupation (Major) shall not alter the character or external appearance of the
principal dwelling.
(e) The Home Occupation (Major) may employ up to two (2) employees who are not residents
of the principal dwelling.
(f) The Home Occupation (Major) shall accommodate all required parking on-site.
(g) Outside storage of materials, goods or equipment directly related to the Home Occupation
may be permitted, at the discretion of the Development Authority, and may require
adequate screening or fencing.
(h) A Development Permit for a Home Occupation (Major) shall be subject to the condition that
they may be reviewed, and possibly revoked at any time, if, in the opinion of the
Development Authority, the use is or has become detrimental or otherwise incompatible
with the amenities of the neighbourhood.
4.32. Industrial Camps
(a) All Industrial camps shall be required to conform to the standards of the local health
authority and the Alberta Safety Codes Act.
(b) Where an industrial camp accesses a public roadway, the camp shall have an access
satisfactory to the County and may be subject to a road use agreement in accordance with
the road use requirements.
(c) All industrial camps located in remote areas shall conform to FireSmart guidelines.
4.33. Keeping of Animals
(a) Ducks and hens in hamlets and household pets (dogs) are regulated through the County
Animal Control Bylaw, as amended.
(b) No animals other than ducks, hens and household pets shall be allowed on parcels smaller
than 0.4 ha (1 ac).
(c) In the Country Residential District livestock shall be limited as defined by the table below.
The number and type of animals allowed may be mixed but the total number of animals
allowed shall not exceed the sum of the total number of animal units allowed.
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Type of Livestock
Number of animals equivalent to one
animal unit
Cows*
1
Horses*
1
Sheep/Goats/Pigs* (excluding wild boars)
2
Poultry (Chicken/Ducks/Geese)
12
Rabbits
20
Other
At the discretion of the Development
Authority
*Calves, foals, lambs, kids, and piglets not weaned are not considered to be animal units.
Parcel Size
Number of animal units
Less than 0.40 ha (less than 1 ac)
1 (Restricted to small livestock (poultry and
rabbits) only
0.40 - 0.80 ha (1 - 1.99 ac)
1
0.81 - 1.21 ha (2 - 2.99 ac)
2
1.22 - 1.61 ha (3 - 3.99 ac)
3
1.62 - 2.02 ha (4 - 4.99 ac)
4
2.03 - 2.42 ha (5 - 5.99 ac)
5
2.43 ha or larger (6 ac or larger)
Equivalent to number of acres
(d) Adequate fencing and/or buffering shall be constructed to the satisfaction of the
Development Authority to ensure the on-site confinement of livestock and to reduce the
impact of noise, odour and/or visual presence on surrounding properties.
(e) Adequate measures if required by Alberta Agriculture and Irrigation under the Agricultural
Operation Practices Act (AOPA) and/or the local Health Authority, for the disposal of animal
wastes shall be provided to the satisfaction of the Development Authority.
(f) Plans for animal disposal may be requested at the discretion of the Development Authority.
(g) Wild Boars and feral pigs are strictly prohibited in Big Lakes County, unless kept in
accordance with the Big Lakes County Wild Boar Bylaw.
(h) Other species of animal not specifically included in the table may be considered at the
discretion of the Development Officer.
(i) The keeping of animals, not in accordance with subsection (c), shall only be allowed upon
issuance of a discretionary use development permit approval in those circumstances
considered exceptional or unique by the Development Authority. The applicant must give
reasons why a larger number of animal units should be authorized than allowed in this
Bylaw.
(j) Livestock owners are recommended to apply for a Premises Identification (PID) Account and
obtain one PID Number associated to where the animal(s) are located within 30 days of
assuming ownership of an animal as per the Animal Health Act.
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4.34. Kennels
(a) No Kennel shall be located within 300 m (984 ft) of a Hamlet or the boundary of a multi-
parcel subdivision.
(b) No buildings or exterior exercise area(s) to be used to accommodate dogs or other domestic
pets shall be allowed within 300 m of any dwelling located on adjacent parcels.
(c) Kennel sites should be visually screened from adjoining land properties to the satisfaction of
the Development Authority.
(d) All outdoor kennel facilities shall be located behind the principal building unless better
suited elsewhere for sound prevention purposes.
(e) Exterior run areas shall be fenced with the minimum height required to sufficiently contain
dogs by nature of their size, disposition, and the type of fencing used (chain link, wood,
electric, etc.).
(f) Animal day care areas such as doggy day cares shall be regulated as a kennel under this Bylaw.
(g) Kennel development permit applications shall include a description of pens, rooms, exercise
runs and holding stalls as well as soundproofing measures that are planned for the site.
(h) In the approval of a kennel and small animal breeding facility, the Development Authority
may apply conditions regarding:
i)
the location, soundproofing, screening and enclosure of any facility,
ii) the number of animals, and
iii) the hours that animals are allowed outdoors.
(i) An Applicant may be required to submit the following in support of a Development Permit:
i)
a diagram indicating the distances between buildings or exterior exercise areas used to
accommodated dogs and dwellings located on adjacent parcels, and
ii) An inspection report by a Doctor of Veterinary Medicine.
4.35. Landscaping
(a) In all Districts, no person shall commence or continue the removal of topsoil, without first
obtaining an approved development permit.
(b) Landscaping in commercial and industrial districts shall be required at the discretion of the
Development Authority, where the subject parcel is adjacent to a residential district.
(c) The site area shall be landscaped to the satisfaction of the Development Authority.
4.36. On-Parcel and Off-Parcel Services and Improvements
Where any on-parcel services or improvements, or any off-parcel local improvements are required
to service a proposed development, a person shall not begin the excavation for the foundation nor
commence the development until the Development Officer is satisfied that such services or
improvements will be undertaken in an appropriate, and where applicable, approved manner.
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4.37. Parcel Grading
In all cases, parcel grades shall be established with regard to preventing drainage from one
parcel to the next except where drainage conforms to an acceptable local or subdivision
drainage plan which has been approved by the Alberta Environment and Parks and/or other
applicable authority.
4.38. Parking Regulations
(a) Parking stalls and loading spaces shall be clearly marked and regularly maintained in the
parking facility to the satisfaction of the Development Officer.
(b) All off-street parking areas shall be separated from public street rights-of-way by a
landscaped area at least 1 m (3 ft) in width as measured from the public street right-of-way,
except in the case of residential land uses where the off-street parking area for an individual
residential dwelling unit is accessed directly from the public street, and unless otherwise
specified in this Bylaw.
(c) Off-street parking facilities shall be designed such that no vehicle is required to back out directly
onto a public street, including laneways, except in the case of one- and two-unit dwellings.
(d) All off-street parking facilities shall be constructed according to the following standards:
i)
necessary curb cuts shall be located and designed in accordance with the County's
Municipal Engineering, Construction, Development, and Design Standards Policy, as
amended.
ii) in all Districts where the requirement for off-street parking spaces exceeds two (except
for a bed and breakfast operation), every off-street parking space provided and its
access shall be hard-surfaced if the access is from a street or lane which is hard-
surfaced, using the same or similar material.
iii) off-street parking facilities shall have adequate lighting for the entire parking facility.
Such lighting shall be directed away from adjacent residential parcel and other parcel(s)
where in the opinion of the Development Authority it would have adverse effects.
iv) grades and drainage shall dispose of surface water to the satisfaction of the
Development Authority. In no case, shall grades be established that would permit
surface drainage to cross any sidewalk or parcel boundary without the approval of the
Development Authority.
v) parking for the physically disabled shall be provided as provincial regulations require
and shall be considered as part of the number of stalls required for the project. Stalls
shall be clearly identified for use by the physically disabled.
(e) A building or use shall not be enlarged or added to, nor shall the use be altered unless provision
is made in accordance with this Bylaw to increase the number of parking stalls or loading spaces
required on the total parcel for which the addition or change in use is proposed.
(f) The minimum number of off-street parking space required for each use of building or
development shall be as follows:
Use
Parking Space Requirements
i)
Automotive Repair Services
1 space per 46.5 m2 (500 ft2).
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Use
Parking Space Requirements
ii)
Bed and Breakfast Operation
1 space per sleeping unit.
iii) Boat Launches
As required in Subsection (7) Seven
iv) Business Office
1 space per 37.2 m2 (400 ft2) gross floor area.
v)
Day Care
1 space per 35.5 m2 (350 ft2)
vi) Eating & Drinking Establishments
1 space per four (4) seating spaces.
vii) Health Service
1 space per 27.9 m2 (300 ft2) gross floor area.
viii) Hospitals
1 space per 93 m2 (1,000 ft2)
ix) Hotel/Motel
1 space per sleeping unit
x)
Multiple Unit Dwellings of two or
more people/dwelling
1.5 space per dwelling unit
xi) Place of Assembly/Worship
1 space per five (5) seating spaces
xii) Residential Dwelling
2 spaces per dwelling.
xiii) Campgrounds & Resorts
1 visitor parking space per four (4) stalls or units.
xiv) Retail Businesses
1 space per 46.5 m2 (500 ft2) gross floor area.
xv) Schools (Grades K-9)
5 spaces plus 1 per daytime employee.
xvi) Schools (Grades 10-12)
1 space per daytime employee and 1 per 8 students.
xvii) Senior Citizen self-contained
dwelling units
1 space per dwelling unit.
(g) Boat launches which are accessible to the public shall require a minimum of five (5) parking
spaces or such greater number as required by the Development Authority based on the size
and frequency of use of the launch. Boat launch parking areas shall require curbs, markings,
and landscaping to the satisfaction of the Development Authority.
(h) Where, in the opinion of the Development Authority, municipal parking facilities have
previously been provided to specifically serve a proposed project, the number of parking
stalls required on a parcel may be reduced accordingly.
(i) The number of parking stalls required may be reduced where, in the opinion of the
Development Authority, the parking required by various users on a parcel will vary
according to time so that all needs as defined in this Bylaw can be met at any given time by
a reduced number of stalls.
(j) In the case of a use not specified, the number of stalls provided shall be the same as for a
similar use as determined by the Development Authority.
(k) Where a development on a parcel falls within more than one use, the required number of
spaces shall be the sum of the requirements for each of the uses.
(l) Where there are a fractional number of parking spaces required by this Bylaw, the next
highest number of stalls shall be provided.
(m) No development shall be permitted unless all parking needs are accommodated on-site.
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4.39. Relocation of Existing Buildings
(a) No person shall:
i)
place on a parcel a building which has previously been erected or placed on a different parcel;
ii) alter the location of a building which has already been constructed on that parcel;
unless a development permit is issued to approve the placement or alteration, ensuring the
relocation meets the requirements of this Bylaw.
(b) The Development Authority shall require any applicant for a relocated building to submit
recent photographs of the building which demonstrate the condition and appearance of the
proposed building to the satisfaction of the Development Authority.
(c) All external renovations required to any moved-in structure shall be completed within three
(3) months of the relocation of the structure onto the property unless approved through a
condition of development permit approval.
(d) Security may be required to ensure the completion of proposed structural improvements in
alignment with section 2.18. The amount of security shall be the minimum of the cost of
removal of the structure from the site.
4.40. Residential Dwelling Regulations
(a) Dwellings (single detached) that are of new construction shall include the following design
standards:
i)
all components or modules of the dwelling must be consistent in construction standards
and external appearance;
ii) all homes constructed outside of the Province of Alberta must comply with the Alberta
Safety Codes Act;
iii) minimum floor area shall be reviewed on a case-by-case basis and shall be at the
discretion of the development authority.
(b) Dwellings that are of new construction and comply with this Bylaw may be considered as a
single detached dwelling under the applicable District regardless of whether or not the
dwelling is constructed off-site and/or in modules.
4.41. Setbacks from Railway Lines
(a) The minimum setback for new residential development from railway rights-of-way shall be
as follows:
Railway Operation
Setback Requirement
Freight Rail Yard
300 m (984 ft)
Principal Main Line
30 m (98 ft)
Secondary Main Line
30 m (98 ft)
Principal Branch Line
15 m (49 ft)
Secondary Branch Line
15 m (49 ft)
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Railway Operation
Setback Requirement
Spur Line
15 m (49 ft)
(b) The Development Officer may refer any application for Development Permit Approval and
the Subdivision Officer may refer any application for Subdivision Approval to the Railway
company for review and comment.
(c) The development authority shall allow a variance for a railway line that transects a property
line as per the Variance Provisions and Limitations on Variance Provisions in the Bylaw.
4.42. Recreational Vehicle Parking
(a) In a Hamlet Residential District, Hamlet Estate Residential District, or Hamlet Mixed Use
District, the number of Recreational Vehicles shall be limited to two (2) per lot, provided
that the lot coverage of 40% or a maximum coverage of 371 m2 (3,993 ft2), whichever is
greater, is not exceeded.
(b) Recreational vehicles parked on a residential lot within a Hamlet Residential District, Hamlet
Estate Residential District, or Hamlet Mixed Use District:
i) Shall:
a. be located entirely within the area of the driveway;
b. the rear yard; or
c. a recreational vehicle parking site.
ii) Shall not:
a. impede emergency access to any area on the site;
b. encroach into any required setbacks within the District; or
c. encroach on a sidewalk or roadway.
(c) In the Communal Recreation District (CMR), lots/units smaller than 1 ha (2.5 ac) shall be
limited to two (2) Recreational Vehicles and lots/units larger than 1 ha (2.5 ac) shall be
limited to four (4).
4.43. Subdivision Standards
(a) All subdivision applications must conform to the standards provided in the Big Lakes County
Municipal Development Plan Bylaw and the County's Municipal Engineering, Construction,
Development, and Design Standards Policy, as amended.
(b) Subject to minor variations along property lines, all lands determined to be environmentally
sensitive lands may be dedicated for environmental conservation in a manner determined
by the Subdivision Authority.
(c) All subdivisions that result in six or more lots and require a potable water supply from an
aquifer shall include as part of the subdivision application a preliminary groundwater
availability report prepared in accordance with the Alberta Water Act, as amended.
(d) All subdivision applications shall conform to applicable approved statutory plans.
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(e) The Subdivision Authority may require additional information from a subdivision applicant as part
of the subdivision process in order to effectively review and decide a subdivision application.
4.44. Wastewater Collection and Disposal Systems
(a) A building or dwelling shall be adequately serviced for wastewater collection, treatment,
and disposal, as a condition of development permit approval.
(b) The County shall require an on-site tertiary treatment system, holding tanks or a piped
wastewater service on all lands where the near surface water table is less than 2 m (6.5 ft)
below grade.
(c) The County shall require on-site wastewater systems located on lands with a water table less
than 1 m (3 ft), and shall require a holding tank or piped service on non-resort properties.
(d) The County may require security improvements in alignment with section 2.18 as a condition of
development permit approval for a building or dwelling to ensure that the wastewater system is
in compliance with this Bylaw.
(e) The County shall require any application for a resort development to include a communal water
and wastewater system.
(f) The County shall require Alberta Safety Codes approval on a water and wastewater servicing
concept prior to issuing a notice of decision for the proposed development where applicable.
4.45. Water Supply
(a) Water wells are not permitted in areas that are serviced by a piped water supply.
(b) The County may require the identification of proposed locations for water wells on
residential development permit applications.
4.46. Cannabis Production and Distribution Facility Development Standards
(a) A Cannabis Production and Distribution Facility shall only be located within the Agriculture
(AG) District.
(b) A Cannabis Production and Distribution Facility shall not be located less than 100 m (328 ft)
from any of the following uses:
i)
The lot boundary of a provincial health care facility;
ii) The lot boundary of a building containing a school or licensed day care facility;
iii) The lot boundary of a parcel of land that is designated as school reserve or municipal
and school reserve under the Act;
iv) The lot boundary of a commercial recreation facility, indoor recreation facility, outdoor
recreation facility, park or recreational use (intensive or extensive);
v) Separation distances shall not be varied by the Development Authority.
(c) A Cannabis Production and Distribution Facility shall not be located less than 100 m (328 ft)
from a Residential District. For the purposes of this subsection only:
i)
The 100 m (328 ft) separation distance shall be measured from the closest point of the
lot boundary of the Cannabis Production and Distribution Facility use to the closest
point of the residential district boundary.
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ii) Separation distances shall not be varied by the Development Authority except where
the Cannabis Production and Distribution Facility is separated from the Residential
District by publicly owned land used for the purpose of a buffer strip, walkway, or public
utility lot, in which case the Development Authority may reduce the separation distance
by up to 50 m (164 ft).
(d) A Cannabis Production and Distribution Facility shall operate under applicable Federal
licensing. Proof of valid Federal licensing and the activities as approved hereunder shall be
provided to the Development Authority.
(e) All activities linked to a Cannabis Production and Distribution Facility shall be carried out indoors
within an enclosed building designed and equipped to prevent odours and noise from negatively
impacting adjacent properties as per the requirement of Health Canada and Federal Legislation.
(f) A Cannabis Production and Distribution Facility must have equipment designed and
intended to remove odours from the air where it is discharged from the facility as part of
the ventilation system and must be maintained in good operating condition at all times. A
ventilation plan must be provided to the Development Authority and must include how the
system prevents any offensive odours from leaving the building.
(g) The design of a Cannabis Production and Distribution Facility shall incorporate crime prevention
through environment design (CPTED) principles and the entire site on which it is located.
4.47. Cannabis Retail Store Development Standards
(a) A Cannabis Retail Store use shall not be located less than 100 m (328 ft) as measured from
the boundary of the parcel from which a Cannabis Retail Store is located to any of the
following uses:
i)
The lot boundary of a provincial health care facility, health service, or health clinic.
ii) The lot boundary of a building containing an elementary school, secondary school, or
licensed day care facility.
iii) The lot boundary of a parcel of land that is designated as school reserve or municipal
and school reserve under the Act.
iv) Separation distances shall not be varied by the Development Authority.
(b) A Cannabis Retail Store development permit applicant shall comply with the Alberta
Gaming, Liquor and Cannabis (AGLC) Act requirements for premises, security, and signage.
(c) A copy of the Retail Cannabis License issued by the AGLC shall be provided to the
Development Authority prior to occupancy as a condition of development permit approval.
(d) The hours of operation for a Cannabis Retail Store shall be from 10:00 am to 10:00 pm.
(e) Signage on a Cannabis Retail Store shall not use the term "Big Lakes", promote intoxication,
use graphics that appeals to minors, show the use of cannabis, display intoxication, display
or identify a cannabis plant, product, or accessory, display a price, or display any sporting or
cultural event or activity.
(f) The Cannabis Retail Store is subject to the parking requirements for Retail Businesses within
s. 4.38(f)xiv).
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4.48. Industrial Wellsite Trailer Development Standards
(a) Unless specifically listed as a Permitted Use or a Discretionary Use in a District, an Industrial
Wellsite Trailer shall not be considered as part of a development permit application.
(b) All units shall have Canadian Standard Association certification where applicable.
(c) All components of the trailer shall meet the requirements of Part 9 of the Alberta Building Code.
(d) The applicant shall submit recent photographs of the trailer to demonstrate the condition
and appearance of the proposed trailer to the satisfaction of the Development Authority.
4.49. Data Processing Facilities
(a) A Development Permit is required for all Data Processing Facilities. Applications shall be
submitted in accordance with Section 2.3 of this Bylaw, which will be used to determine
application completeness.
(b) A Data Processing Facility is a Discretionary Use in the Agriculture (AG), Crown Land (CL),
and Rural Industrial (RI) Districts, unless otherwise provided for within a statutory plan.
(c) The development shall comply with all applicable municipal, provincial, and federal
legislation.
(d) Data Processing Facilities may require approvals, permits, and authorizations from provincial
and/or federal agencies, including the Alberta Utilities Commission and Alberta Environment
and Protected Areas, depending on the nature and scale of the development. The developer
shall obtain all such approvals in accordance with applicable legislation.
(e) These approval processes are administered by the respective agencies and involve a
comprehensive and rigorous review of potential environmental, infrastructure, and
operational impacts.
(f) As part of these processes, applicants may be required to prepare and submit technical
studies and supporting documentation to demonstrate compliance with applicable
legislation, regulations, and standards. Such studies may include, but are not limited to:
i)
Environmental site assessments
ii) Biophysical or wildlife impact assessments
iii) Wetland assessments and delineations
iv) Noise impact assessments
v) Air quality assessments
vi) Water use and wastewater management reports
vii) Stormwater management plans
viii) Traffic impact assessments
ix) Power supply and electrical servicing reports
x) Emergency response and risk management plans
xi) Reclamation and decommissioning plans
(g) Where provincial or federal approval is required, written confirmation of such approval, or
proof of exemption, shall be provided prior to a Development Permit being deemed
complete.
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(h) The County may rely on approvals, reviews, or determinations made by provincial or federal
agencies and is not responsible for duplicating such reviews.
4.50. Agriculture (Intensive)
(a) Agriculture (Intensive) operations shall require a Development Permit from the
Development Authority, unless exempt by section 2.2 of the Bylaw.
(b) Agriculture (Intensive) livestock operations shall comply with all applicable provisions of the
Agricultural Operation Practices Act, Code of Practice."
(c) It is the responsibility of the owner and operator of any Agriculture (Intensive) animal
husbandry livestock operation use to ensure that all manure storage facilities are designed
and constructed to avoid contamination of groundwater, prevent contaminated surface
water from leaving the property, and reduce odor nuisance.
(d) Access to the Agriculture (Intensive) operation shall be from a road of a suitable standard to
accommodate the anticipated traffic.
(e) The applicant must demonstrate an adequate and sustainable water supply that will not
adversely affect existing licensed users.
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Part 5:
Definitions
The following words, terms and phrases included in this Bylaw have the following meaning assigned to them,
and definitions HIGHLIGHTED IN BLUE are uses:
ABATTOIR: the use of land or building in which animals are slaughtered and may include the packing,
treating, storing and sale of the product.
ACCESSORY BUILDING: a building separate, incidental, and subordinate to the principal use and is located on
the same lot as the principal building. This may include, but is not limited to a shed, detached garage, storage
building, gazebo, or a deck, patio, or other similar building.
ACCESSORY USE: a use or development normally incidental and subordinate to the principal use or building
and is located on the same parcel as the principal use or building.
ACT: the Municipal Government Act.
ADJACENT LAND: (see also "CONTIGUOUS") land that is contiguous to the parcel of land in question and includes:
a) land that would be contiguous if not for a utility right-of-way, reserve land, railway, highway, road,
river, or stream; and
b) any other land identified in this Bylaw as adjacent land for the purpose of notification.
AGRICULTURAL SUPPORT SERVICES: development providing non-industrial services directly related to the
agricultural industry, and may include the retail, service and repair of farm implements and machinery.
Services supporting Cannabis production and distribution are not included in this use class.
AGRICULTURE (EXTENSIVE): means the use of land for crop production or the raising of livestock in open
fields, pasture, or rangeland, where animals primarily graze or feed naturally and are not confined at high
densities. Extensive Agriculture includes typical farmstead buildings and facilities that support grazing and
field-based farming. Extensive Agriculture does not include operations that meet the definition of Intensive
Agriculture Operation under this Bylaw.
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AGRICULTURE (INTENSIVE): means an agricultural operation involving the commercial production of
livestock or crops at a high density or in a confined setting, including operations where animals are housed or
fed within enclosed or restricted areas for extended periods, or where crop production occurs primarily
within permanent structures. Intensive Agriculture Operation may include, but is not limited to small-scale
confined livestock operations that do not meet the definition of a Confined Feeding Operation under the
Agricultural Operation Practices Act, commercial poultry or hog barns below provincial approval thresholds,
commercial greenhouses or controlled-environment crop production facilities, mushroom production
facilities, or similar operations where agricultural production occurs primarily within buildings or confined
areas. This use does not include Apiaries, or Cannabis Production and Distribution Facility.
AGRICULTURAL INDUSTRY: an industrial use related to agriculture involving the production, initial
processing, or storage of farm products. Without restricting the generality of the foregoing, this may include
a grain elevator, seed cleaning plant, pelletizing plant, bulk storage tank or area, livestock holding station,
aquaculture and other similar uses, but does not include an abattoir, auctioneering establishment. or
Cannabis Production and Distribution Facility.
AIRPORT: any area of land to be used either in whole or in part for the arrival and departure or servicing of
aircraft or helicopters; and includes any building, installation, or equipment in connection therewith,
operated by the Department of National Defense or for which an airport license has been issued by
Transport Canada.
AIRSTRIP: an area of land designed to accommodate the arrival or departure of aircraft for which an airport
license has not been issued by Transport Canada.
AMENITY AREA: space provided for the active or passive recreation and enjoyment of the occupants of a
residential development, which may be for private or communal use and owned individually or in common,
subject to the regulations of this Bylaw.
AMUSEMENT, INDOOR: a building or a group of buildings used for providing entertainment and amusement
to patrons, usually for a fee or admission charge. Typical uses and facilities would include indoor go-cart
track, bingo hall, pool hall or arcade, and theatre.
AMUSEMENT, OUTDOOR: a lot or non-enclosed building used for providing entertainment and amusement
to patrons, usually for a fee or admission charge. Typical uses and facilities would include a go-cart track,
miniature golf course, carnival, circus, amusement theme-park and drive-in motion picture theatre.
ANIMAL HEALTH CARE SERVICES: a development such as a hospital or shelter used for the temporary
accommodation, care, treatment, or impoundment of animals. This use class would include pet clinics,
animal veterinary clinics and veterinary offices.
APARTMENT BUILDING: a residential building containing three or more dwelling units which share a
common entrance, and are arranged in any horizontal or vertical configuration, and which does not conform
to the definition of any other residential use.
APIARY: a development consisting of beehives in which bees are kept or raised for the production of honey.
APPLICANT: the registered owner of the land or his or her representative or agent certified as such.
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AREA STRUCTURE PLAN: a statutory plan prepared pursuant to the Act that applies to a defined area of land
that provides a framework for more detailed subdivision and development staging, land uses, densities and
infrastructure matters which must be addressed. The Area Structure Plan is adopted by bylaw.
ARTISAN SHOP: Development used for the purpose of small scale, on-site production of goods and simple
processes or hand manufacturing, primarily involving the use of hand tools. Typical uses include pottery,
sculpture, artist, and photography studios.
AUCTIONEERING ESTABLISHMENT: development intended for the auctioning of livestock, goods, and
equipment, including the temporary storage of such livestock, goods, and equipment, but does not include
garage sales, flea markets, or sale of items on an irregular basis.
AUTOMOBILE REPAIR SERVICES: a development intended for servicing and mechanical repairs of motor
vehicles, trucks and utility vehicles, motorcycles, snowmobiles, motor homes and similar vehicles; the sale,
installation or servicing of related accessories and parts, autobody or paint services; and servicing and repair
of small engines and equipment.
BARELAND CONDOMINIUM: a condominium development containing Bareland Condominium Units,
created specifically through subdivision, and registered as a condominium plan in accordance with the
Condominium Property Act, RSA 2000, c. C-22.
BARELAND CONDOMINIUM UNIT (UNIT): a bare land unit as defined in the Condominium Property Act, RSA
2000, c. C-22; Within this Bylaw, a "unit" in the context of a bare land condominium shall have the identical
meaning as a "lot".
BED AND BREAKFAST OPERATION: a single detached dwelling occupied by the owner or operator that offers
overnight lodging and breakfast, but no other meal, for a fee to no more than 8 (eight) registered guests at
one time. This use shall be subordinate to the principal use of the dwelling.
BOARDING OR LODGING HOUSE: a use accessory to a single detached dwelling or modular home in which
the owner lives and supplies sleeping unit accommodation, for remuneration, for not more than six (6)
rooms. It may or may not include meal service.
BOATHOUSE: an accessory building designed and used primarily for the storage of boats and which is
designed in such a way as to permit the direct removal of boats from the water to the structure.
BUFFER: a row of trees, shrubs, berming, or fencing to provide visual screening and separation between sites
and incompatible land uses.
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BUILDING: includes anything constructed or placed on, in, over or
under land but does not include a highway or public roadway or a
bridge forming part of a highway or public roadway.
BUILDING HEIGHT: the vertical distance between final grade and
the highest point of a finished building; excluding an elevator
housing, a mechanical housing, a roof stairway entrance, a
ventilating fan, a skylight, a steeple, a chimney, a smokestack, a fire
wall, a parapet wall, a flagpole, or similar device not structurally
essential to the building.
BUILDING SEPARATION: the minimum distance between two
abutting buildings measured from the final finish of exterior walls.
BULK AGRICULTURAL CHEMICAL DISTRIBUTION: means the land, building and structure for the bulk storage
and distribution of fertilizer and other agricultural chemicals.
BULK FUEL DEPOT: lands, buildings, and structures for the bulk storage and distribution of petroleum
products. This does not include service stations and key lock retail sales.
BYLAW ENFORCEMENT OFFICER: an employee of the County who has been appointed as a Bylaw
Enforcement Officer.
CABIN: a self-contained dwelling or guest house used as a temporary residence that may or may not be
placed on a foundation. A Cabin is not a single detached dwelling.
CAMPGROUND: an area which has been planned and improved for the seasonal short-term use of holiday
trailers, motor homes, tents, campers, and similar recreational vehicles, and is not used as accommodation
for residential use. Typical uses include tourist trailer parks, campsites and tenting grounds and related
recreational activities such as trail riding, picnic grounds, boating facilities, and playgrounds. This may also
include facilities for eating and assembly purposes as well as a camp store.
CANNABIS PRODUCTION AND DISTRUBUTION FACILITY: premises used for growing, producing, testing,
destroying, storing, or the distribution of Cannabis authorized by a license issued by the federal Minister of
Health. Distribution of Cannabis does not include a Cannabis Retail use.
CANNABIS RETAIL STORE: a retail store licensed by the Province of Alberta where non-medical Cannabis and
Cannabis Accessories are sold to individuals who attend at the premises.
CANOPY: a projection extending from the outside wall of a building normally for the purpose of shielding a
part of the building from the sun.
CARETAKER'S RESIDENCE: an accessory development that provides accommodation for the sole purpose of
security personnel and/or the accommodation for the owner, operator, or required on-site employees.
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CARPORT: a roofed structure used for storing or parking of not more than two private vehicles which has not
less than 40% of its total perimeter open and unobstructed.
CEMETERY: development of a parcel of land primarily as landscaped open space for the entombment of the
deceased, and may include accessory developments such as crematories, and mausoleums. Typical uses
include memorial parks, burial grounds, and gardens of remembrance.
CHATTEL: a moveable item of personal property.
COMMUNICATION TOWER: a structure intended for the transmission or reception of communications.
COMMUNITY RECREATION SERVICES: development for recreational, social, or multi-purpose use primarily
intended for local community purposes. Typical facilities would include community halls, pools, hockey rinks,
gymnasiums, and community centres.
CONCRETE / ASPHALT PLANT: the processing, manufacturing, recycling, and sales of concrete and asphalt
and the accessory manufacture and sales of products made from concrete and asphalt.
CONDOMINIUM BOARD: the elected board of directors of an association of unit owners in a condominium
building or development. This Board handles the maintenance and repair of common areas, disputes among
unit owners, and enforcement of rules and regulations, and condominium fees.
CONFINED FEEDING OPERATION (CF0): as defined by the Agricultural Operation Practices Act (AOPA), means
fenced or enclosed land or buildings where livestock are confined for the purpose of growing, sustaining,
finishing, or breeding by means other than grazing, and any other building or structure directly related to that
purpose but does not include residences, livestock seasonal feeding and bedding sites, equestrian stables,
auction markets, racetrack or exhibition grounds that is subject to approval, registration, or authorization by
the Natural Resources Conservation Board (NRCB) under AOPA exceeding provincial thresholds.
CONTIGUOUS: areas immediately adjacent to one another without intervening vacant land or undevelopable
lands.
CONVENTION SERVICES: development which provides permanent facilities for meetings, seminars,
conventions, product and trade fairs and other exhibitions with or without eating and drinking facilities. This
use class does not include Boarding or Lodging House.
CORNER: the intersection of any two property lines of a parcel.
COUNTRY INN: a single detached dwelling or modular home where temporary lodging or sleeping
accommodation with more than three (3) and less than ten (10) guest rooms is provided with a breakfast
meal to the travelling public. This use shall be subordinate to the principal use of the dwelling and does not
include a boarding or lodging house, hotel/motel, or garden suite.
COUNTY: Means Big Lakes County
COUNTY ROADS: all roads within the County's municipal boundaries, that do not fall within a Hamlet, for
which it has direction, control, and management. This also includes all roads and road diversions surveyed for
the purpose of opening a road allowance as a diversion from the road allowance on the south or west
boundary of the district although the roads or road diversions are outside the boundaries of the County.
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CULTURAL FACILITIES: development for the collection of literary, artistic, musical and similar reference
materials, or, a building intended for live theatrical, musical, or dance performances. Typical facilities would
include libraries, museums, art galleries, auditoriums, theatres, and concert halls.
CURB CUT: the lowering of a curb, sidewalk, or boulevard to provide vehicular access to a parcel, and
pedestrian and non-vehicular accessibility at intersections.
DATA PROCESSING FACILITY: development consisting of buildings or structures used for the processing,
storage, management, or transmission of digital data, including associated equipment and infrastructure
such as servers, cooling systems, backup power systems, and electrical infrastructure, and may include
ancillary buildings required to support the operation of the facility.
DAY CARE SERVICES: development licensed by the Province to provide daytime personal care, education, or
supervision to seven (7) or more children at one time for more than three (3) but less than twenty-four (24)
consecutive hours in a day and does not include overnight accommodation. Typical facilities would include
daycare centres, day nurseries, drop-in centres, playschools and out of school care.
DEALERSHIPS: premises for the display and sale of motor vehicles, farm equipment, heavy equipment
designed for specialized purposes, and purpose-built recreational vehicles.
DECK: a hard surfaced (usually wooden) area usually adjoining a dwelling unit; more than 0.6 m (2 ft) high
above grade.
DEMOLITION: any act or process which destroys in part or whole any building or structure.
DESIGNATED OFFICER: Development Officer, Bylaw Enforcement Officer or any other official appointed by
the Council or the Chief Administrative Officer to enforce the provisions of this Bylaw, pursuant to the
provisions of the Act.
DEVELOPABLE LAND: the area of land that is the subject of a proposed subdivision less the total area of land
required to be provided for roads and public utilities and land required to be provided as reserve land,
pursuant to the provisions of the Act.
DEVELOPER: an owner, agent or any person, firm or company required to obtain or having obtained a
development permit.
DEVELOPMENT: as defined by the 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
d) a change in 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, as defined in
the MGA, as amended.
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DEVELOPMENT AGREEMENT: a contract entered into between a municipality and a developer, the principal
purpose of which is to negotiate and to establish the development regulations that will apply to the subject
property during the term of the agreement and to establish the conditions to which the development will be
subject including, without limitation, a schedule of fees.
DEVELOPMENT AUTHORITY: the Municipal Planning Commission or Development Officer of Big Lakes
County, as per delegated authority based on the Act.
DEVELOPMENT OFFICER: the person(s) appointed as Development Officer in accordance with the
Development Authority Bylaw.
DEVELOPMENT PERMIT: a certificate or document permitting a specified development and includes, where
applicable, a plan or drawing or a set of plans or drawings, specifications, or other documents. This permit is
separate and distinct from a building permit.
DISCONTINUED: the time at which, in the opinion of the Development Officer, substantial construction
activity or nonconforming use, or conforming use has ceased.
DISCRETIONARY USE: a use of land or buildings provided for in the District Regulations of the Bylaw, for
which a development permit may or may not be issued with or without conditions.
DRIVE-THROUGH BUSINESS: an establishment that services customers travelling in motor vehicles driven
onto the parcel where such business is carried out, where normally the customer either remains in the
vehicle for service or parks his vehicle for a short period for the purpose of doing business at the premises.
DUGOUT: the excavation of land which results in manmade features that entrap water and includes excavation
for a water supply and borrow pits. At its deepest point, a dugout shall have a depth of no less than 1 m (3 ft).
Anything designed for a depth shallower than one metre may be considered an ornamental pond for landscaping
purposes, excluding storm water management facilities or other features as required by the Subdivision Authority
or Development Authority such as, but may not be limited to ponds for water supply or fire protection.
DWELLING OR DWELLING UNIT: A building or portion of a building consisting of one (1) or more rooms
operated or intended to be operated as a permanent residence for a household, containing cooking, sleeping
and sanitary facilities only for that unit. Includes all buildings built in accordance with the provincial and
municipal building code and meant for permanent residence.
DWELLING, DUPLEX: means a structure comprised of two attached dwelling units, either side by side or one
above the other, with each unit having a separate entrance. A single-detached dwelling with a Secondary
Suite is not a semi-detached dwelling.
DWELLING, LIVE WORK UNIT: means a building that contains a dwelling unit that is secondary to a floor space
dedicated for the purpose of conducting work or providing a service with an internal connection between the
two uses. For example, a dwelling unit is located above a convenience store; the convenience store is the
primary land use, and the owner of the convenience store lives in the attached dwelling unit. This is different
than home occupations, where the dwelling unit is the primary use, and the occupation is the secondary use.
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DWELLING, MANUFACTURED HOME: means a dwelling that is manufactured to be moved from one point to
another that is located on a permanent foundation and which provides completely self-contained, year-
round residential accommodation and meets the requirements for a residence under the Canadian
Standards Association.
DWELLING, MULTI-UNIT (COLONY): a multi-unit dwelling(s) and associated facilities which may be contained
within one building or within multiple buildings and are directly associated with a colony. Multi-unit
dwellings (colony) are designed to provide living accommodations to colony members and their families who
are directly involved in the day-to-day function of the agricultural operation owned and operated by the
colony. Associated facilities may include a communal kitchen, dining room, school, or church.
DWELLING, ROW HOUSE: a building designed and built to contain three or more dwelling units with a separate
exterior entrance at grade that shares no more than two party walls with adjacent dwelling units and intended
as a permanent residence. No part of a dwelling unit is placed over another in part or in whole and every
dwelling unit shall have separate, individual direct access to grade. For the purposes of this Bylaw row and
townhouse units are considered to be row house dwellings. Row house units have the following features:
a) they are adjoined by a vertical party wall that is insulated against sound transmission; and
b) each dwelling unit has a minimum floor area of 80 m2 (861 ft2).
DWELLING, SINGLE DETACHED: A building (constructed on site, modular, or ready-to-move) containing one
(1) dwelling built in accordance with the Provincial Building Code, intended for occupancy, and built on a
permanent foundation as defined in National Building Code.
EASEMENT: a right to use land, generally for access to other property or as a right-of-way for a public utility.
EATING AND DRINKING ESTABLISHMENT: development where prepared food and beverages are offered for
sale to the public, for consumption within the premises or off site, but does not include adult entertainment
or Cannabis Lounge.
EAVES: the projecting overhang at the lower edge of a roof.
EDUCATIONAL SERVICES: development for instruction and education purposes, involving assembly for
educational, training or instruction purposes and includes administration offices, dormitory, and any
accessory building. Typical facilities would include public and separate schools, private schools or seminaries,
community colleges, universities, indigenous schools, technical and vocational facilities.
ENVIRONMENTALLY SENSITIVE LANDS: means:
(a) hazardous lands and areas that are unsuitable for development in their natural state (i.e. floodplains,
steep and unstable slopes);
(b) areas that perform a vital environmental, ecological or hydrological function (i.e. aquifer or recharge
groundwater storage areas);
(c) areas that contain unique geological or physiological features;
(d) areas, buildings or features that are important for cultural, historical, prehistoric or archeological
reasons;
(e) areas that contain significant rare or endangered animal or plant species;
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(f) areas containing unique habitats with limited representation in the region or small remnants of
previously abundant habitats which have virtually disappeared;
(g) areas that contain large, relatively undisturbed habitats and provide shelter for species that are
intolerant of human disturbance; and
(h) areas that provide an important link for the natural migration of wildlife.
EXCAVATION: any breaking of ground, except common household gardening and ground care.
FARMSTEAD: the habitable residence, farm buildings and other improvements used in connection with the
raising or production of crops, livestock, or poultry, and situated on the same land used in connection with
the above farming operations.
FENCE: a vertical physical barrier constructed to prevent visual intrusion or unauthorized access or sound
abatement.
FILLING: the import and placement of natural uncontaminated earth or aggregate materials (e.g. clay, silt,
sand, gravel) on a parcel for the purposes of altering/modifying drainage grades or building up a site for a
proposed building or development but does not include the import and placement of dry-waste or land fill
waste materials.
FLEA MARKET: development used for the sale of new or used goods by multiple vendors renting tables or
space in an enclosed building. Vendors may vary from day to day, although the general layout of space to be
rented remains the same. The goods sold are generally household items, tools, electronic equipment, food
products or concessions, plants, clothing, and furniture.
FLOODPLAIN: the area of land along a river, stream or creek that is potentially at risk of flooding from time to
time, based on a 1:100-year event as established by the County and/or the Province of Alberta. A floodplain
consists of the low-lying land next to a watercourse that is subject to periodic inundation.
FOUNDATION: the lower portion of a building, usually concrete or masonry, and includes the footings and
pilings which transfer the weight of and loads on a building to the ground
FRAGMENTED PARCEL: a parcel that is separated from the balance of a quarter section by a natural barrier such
as a permanent watercourse or water body or by a physical barrier such as a roadway, highway, or railway.
FRONTAGE: the length of a street boundary measured along the front lot line. On corner or double fronting
lots all sides of a parcel adjacent to streets shall be considered frontage
FUEL AND CHEMICAL SALES/STORAGE: a development where refined or crude oil or liquid or solid chemicals
are for sale and storage, including the sale of lubricants and other automotive fluids or motor vehicle
accessories and the sales and storage of chemicals.
FUNERAL SERVICE: a facility designed for the purpose of furnishing funeral supplies and associated services
to the public and includes facilities intended for the preparation of the dead human body for internment, the
keeping of bodies other than in a cemetery, and the reduction of the human body through cremation. Typical
uses include funeral homes and crematoriums.
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GARAGE: an accessory building or part of the principal building, designed and used primarily for the storage
of motor vehicles.
GARAGE SUITE: a secondary level to a garage that has a maximum height of the garage being 6.7 metres (22
ft) which is fully self-contained and designed for living accommodations.
GARDEN SUITE: a dwelling with or without permanent cooking facilities, separate from the principal dwelling.
GENERAL CONTRACTOR SERVICES: development used for the provision of building construction,
landscaping, concrete, electrical, excavation, drilling, heating, plumbing, paving, road construction, sewer or
similar services of a construction nature which require on-site indoor and/or outdoor 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
Services Use only. This use class does not include professional, financial and office support services.
GENERAL INDUSTRIAL: means the following activities:
a) the processing of raw or finished materials and includes food processing;
b) the manufacturing or assembly of goods, products or equipment;
c) development used for industrial service support and construction;
d) the cleaning, servicing, repairing or testing of materials, goods and equipment normally associated
with industrial or commercial businesses or cleaning, servicing and repair operations to goods and
equipment associated with personal or household use, where such operations have impacts that
would make them incompatible in non-industrial districts;
e) the storage or warehousing of materials, goods and equipment, including petrochemical products
and supplies;
f) the training of personnel in general industrial operations; and
g) it may include any indoor display, office, technical or administrative support areas or any sales
operation accessory to the general industrial uses. A general industrial development shall not
adversely affect surrounding non-industrial uses through the generation of emissions, noise, odours,
vibrations, heat, bright light, or dust.
h) Cannabis Production and Distribution Facility is not included in this use class.
GEOTECHNICAL REPORT: a document signed and stamped by a professional engineer certified in the Province
of Alberta that characterizes site soil and groundwater conditions and slope stability through field investigation
and laboratory testing and provides design and construction recommendations for proposed development.
GRADE, BUILDING: the ground elevation established for the purpose of regulating the number of stories and
the height of a building. The building grade shall be the level adjacent to the walls of the building if the
finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the
elevation of the ground for each face of the building.
GRADE, DRAINAGE: the ground elevation established in a lot drainage plan attached to an approved
development permit for the purpose of controlling the flow of surface water on the parcel.
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GREENHOUSE: commercial development for the growing, acclimating, propagating, harvesting, displaying
and selling of fruits, vegetables, bedding, household, and ornamental plants and may include accessory uses
related to the storing, displaying, and selling of gardening, nursery and related products. Cannabis Production
and Distribution Facility is not included in this use class.
GROSS FLOOR AREA: the greatest horizontal area of a building above grade within the outside surface of
exterior walls or within the outside surface of exterior walls and the centreline of fire walls but not including
the floor areas of basements, attached garages, sheds, open porches or breezeways.
GROUP HOME: a dwelling which is recognized, authorized, licensed, or certified by a public authority as a
social care facility intended to provide room and board for foster children or disabled persons, or for persons
with physical, mental, social, or behavioural problems, and which may be for the personal rehabilitation of its
residents either through self-help or professional care, guidance, and supervision.
GUEST RANCH: A ranch house that includes sleeping facilities which are rented on a daily basis to registered
guests and meals are prepared in a residential kitchen.
HAMLET: an unincorporated community designated as a hamlet by Council pursuant to the Act as amended
from time to time.
HAZARD LANDS: lands that may pose a hazard to human settlement or bio-diversity through man-made
activities such as storage or hazardous materials (explosives, chemicals, gases, etc.).
HEALTH SERVICE: a building or structure where a professional health practitioner(s), including but not limited
to doctors, dentists, optometrists, acupuncturists, naturopaths, chiropractors, physiotherapists, and
counsellors, excluding veterinarians, provide diagnosis and treatment to the public without overnight
accommodations. Medical and Health Offices include such uses as x-ray and other diagnostic services as well
as minor operating rooms and uses accessory to the provision of Medical and Health Services.
HEAVY INDUSTRIAL: an industrial use that due to its appearance, noise, odour, risk of toxic emissions, or fire
and explosion hazards are incompatible with residential, commercial, and other land uses. Heavy industrial
includes land treatment and general industrial uses that create nuisances that extend beyond the boundaries
of the site but does not include agriculture or Cannabis Production and Distribution Facility. This use should
normally be located on the interior of industrial or agricultural areas, such that it does not interfere with the
safety, use, amenity, or enjoyment of any surrounding districts.
HIGH GROUNDWATER TABLE: a water table level measuring less than 2.0 m (6.6 ft.) from the ground
surface, or as otherwise determined by a geotechnical professional.
HIGHWAY: land used or surveyed for use as a public highway or road, and includes a bridge forming part of a
public highway or road and any structure incidental to the public highway or road or bridge, subject to the
direction, control, and management of Alberta Transportation and Economic Corridors.
HIGHWAY COMMERCIAL BUILDING: a commercial building intended primarily for the use of the travelling
public and which is located on a parcel adjacent to a major route designated as a public highway pursuant to
the Public Highway Development Act.
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HOME OCCUPATION (MINOR): the use of a residential building to conduct a business or commercial
enterprise. The business portion shall be incidental or subordinate to the primary residential function and
shall be limited to the confines of the residence. For the purposes of clarification this includes hairdressers,
accountants, cosmetic sales, seamstresses, home day cares, and other similar uses. Cannabis Production and
Distribution Facility and Cannabis Retail Store are not included in this use class.
HOME OCCUPATION (MAJOR): the use of a building and/or site which is incidental to the principal
residential use of the building and/or site and shall not be limited to the confines of the primary use dwelling.
Accessory Buildings may be utilized. Cannabis Production and Distribution Facility and Cannabis Retail Store
are not included in this use class.
HOTEL/MOTEL: the provision of rooms or suites for temporary sleeping accommodation which may be
equipped with individual kitchen facilities. This use may include accessory eating and drinking
establishments, meeting rooms, and personal service shops.
INDUSTRIAL CAMPS: a residential complex used to house camp workers by various contracting firms on a
temporary basis, and without restricting the generality of the above, the camp is usually made up of mobile
units, clustered in such fashion as to provide sleeping, eating, recreation, and other basic living facilities. The
units may be dismantled and removed from the site from time to time.
INDUSTRIAL WELLSITE TRAILER: a factory-constructed relocatable industrial dwelling unit designed to be
used as temporary living quarters containing sleeping, cooking, living and sanitary facilities. Included in this
definition are industrial wellsite office units.
INFILL DEVELOPMENT: the process of developing vacant or under-used parcels within existing urban areas
that are already largely developed.
INSTITUTIONAL USE: uses for the purpose of assembly, education, health care, public administration, or
public service, and shall also include uses related to culture or other community, area, or regional activities as
determined by the Development Authority.
INTERNAL ROAD: A public roadway that provides access to lots within a multi-parcel subdivision.
KENNEL: development used for the breeding, boarding, caring, or training of dogs. Typical facilities include
dog boarding and dog training establishments, and animal rescue homes.
LANDFILL: any landfill development wherein only solid, inert waste/garbage is placed, and which is not
reasonably expected to undergo physical, chemical and/or biological changes to such an extent as to
originate substances which may have a negative environmental impact. Clay, sand, silt, gravel and other
naturally occurring, uncontaminated aggregate fill materials are not considered dry-waste landfill for the
purposes of this Bylaw.
LANDSCAPING: to preserve or change the natural features of a parcel by adding lawns, trees, shrubs,
ornamental plantings, fencing, walks, or other structures and materials as used in modern landscape
architecture but does not include changes in grade, stockpiling, and excavation.
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LANE: a public thoroughfare for vehicles, the right-of-way of which does not exceed 10 m (33 ft) and is not
less than 6 m (20 ft) wide, and which provides a secondary means of access to a parcel or parcels.
LIQUOR MANUFACTURING: an establishment where beer, wine or alcoholic spirits are produced on site and are for
retail sale. This facility must be appropriately licensed by the AGLC. Cannabis Production and Distribution Facility
and Cannabis Retail Store are not included in this use class.
LIQUOR SALES: the wholesale or retail sale or distribution to the public of any and all types of alcoholic spirits
or beverages as defined by the AGLC. Cannabis Retail Store is not included in this use class.
LIVESTOCK: means poultry, horses, cattle, sheep, swine, goats, bison, and similar animals.
LOT: may mean:
a) a quarter section;
b) a river lot shown on an official plan, as defined in the Surveys Act, that is filed or lodged in a land
titles office;
c) a settlement lot shown on an official plan, as defined in the Surveys Act, that is filed or lodged in a
land titles office;
d) a part of a parcel of land described in a certificate of title if the boundaries of the part are described
in the certificate of title other than by reference to a legal subdivision; or
e) a part of a parcel of land described in a certificate of title if the boundaries of the part are described
in a certificate of title by reference to a plan of subdivision, as defined in the Act.
LOT COVERAGE: in the case of a residential building or structure, the combined area of all buildings on the
parcel, measured at the level of the lowest storey above grade, and in the case of a non-residential building
or structure, the combined area of all buildings or structures upon the lot, measured at the level of the
lowest storey above grade, including in both cases, square footage of all porches and verandas, open or
covered but excluding open and enclosed terraces at grade, steps, cornices, eaves, and similar projections;
such area shall include air wells, and all other space within a building except inner and outer courts.
LOT DEPTH: the average horizontal distance between the front and rear lot boundaries.
LOT, DOUBLE-FRONTING: a site which abuts two public roadways, excluding lanes, which are parallel or
nearly parallel where abutting the site. In the case of a double-fronting lot, either street line may be
considered the front line, but the other street line shall be the rear lot line.
LOT, INTERIOR: a site which abuts another property line on either side of its side property line.
LOT WIDTH: the distance between the side property lines of a parcel at the minimum permissible front yard,
measured parallel to the road or to the tangent on a curved road.
MAINTENANCE YARD: premises for the storage, manufacture, maintenance or repair of buildings,
infrastructure, materials, or equipment..
MANUFACTURED HOME COURT: Any parcel where three (3) or more pads for Manufactured Homes are
located, regardless of tenure type. This does not include industrial camps.
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MARINA: a development which provides a sheltered area where boats are kept in the water and services for
the needs of recreational boating purposes are found. This may include refuelling, washing and repair stations.
MULTI-LOT RESIDENTIAL SUBDIVISION: a subdivision of a parcel that requires the construction of internal
roadways.
MUNICIPAL DEVELOPMENT PLAN: the Big Lakes County Municipal Development Plan.
MUNICIPAL WASTEWATER LAGOON: a pond used to purify sewage by allowing sunlight, oxygen, and
bacteria to act on the mixture of sewage and water.
NATURAL RESOURCE PROCESSING: the processing of natural resources, including, but not limited to,
minerals, sand, gravel, coal, peat, limestone, gypsum, wood, granite, and salt. Gravel, processing may include
crushing, washing and the preparation of asphalt.
NON-CONFORMING BUILDING: a building that is lawfully constructed or lawfully under construction at the
date a land use bylaw affecting the building or the land on which the building is situated becomes effective;
and, that on the date the land use bylaw becomes effective does not, or when constructed will not, comply
with the land use bylaw.
NON-CONFORMING USE: a lawful specific use being made of land or a building or intended to be made of a
building lawfully under construction at the date a land use bylaw affecting the land or building becomes
effective; and, that on the date the land use bylaw becomes effective does not, or in the case of a building
under construction will not, comply with this Bylaw.
OCCUPANCY: the use or intended use of a building or part thereof for the shelter or support of persons or
property.
OFFICE: a facility providing for the administration of business or government, or the provision of professional
services.
OIL AND GAS PROCESSING PLANT: a plant for the extraction from gas of hydrogen sulfide, ethane, natural
gas liquids or other substances, but does not include a well head separator, treater, or dehydrator.
OILFIELD SERVICES: a development used to provide services for field operations in the exploration and
ground extraction of fossil fuels.
OWNER: means:
a) in matters of unpatented land, the Crown;
b) in matters of other land, the person who is registered under the Land Titles Act as amended from
time to time as the owner of the fee simple estate in the lands; and
c) in respect of any property other than land, the person in lawful possession of it.
PARCEL: the aggregate of the one or more areas of land described in a Certificate of Title or described in a
Certificate of Title by reference to a plan filed or registered in a Land Titles Office.
PARK: an area of land that is used for recreation purposes and may include such facilities as playground
equipment, pedestrian and bicycle paths, landscaped areas, picnic areas and associated public washrooms.
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PARKING FACILITY: the area on-site set aside for the storage and parking of vehicles and includes parking
stalls, loading spaces, aisles, entrances and exits to the area, and traffic/landscaping islands where they are
part of the parking facility.
PARKING STALL: a hard-surfaced space set aside for the parking of one vehicle.
PEACE OFFICER: any sworn member of the Royal Canadian Mounted Police, a Peace Officer appointed under
the Peace Officer Act, SA 2016, P-35, and any amendments thereto and employed by contract to the County.
PERMITTED USE: the use of land or building provided for in the District Regulations of this Bylaw for which a
development permit shall be issued with or without conditions upon application having been made which
conforms to this Bylaw.
PERSONAL SERVICE ESTABLISHMENT: a development used for the provision of personal services to an
individual which are related to cleaning and repair of personal effects or of the care and appearance of the
body. Typical uses include, but are not limited to the following: hairdressers, shoe repair, dress makers,
laundry cleaning and jewellers. This does not include uses which are determined by the Development Officer
to be strictly for adult entertainment purposes.
PLACE OF WORSHIP: a building for public religious worship.
PRESSURE VESSEL STORAGE: A closed container designed to store gases or liquids at a pressure different the
ambient pressure.
PRINCIPAL BUILDING OR USE: the primary building or use for which the site is ordinarily used. Garages, lofts,
boathouses, and similar building or uses on lots which have a developed and usable residence shall not be
regarded as a primary building or use in Residential Districts. There can only be one principal building or use
on a single lot.
PROPERTY LINE, FRONT: the property line adjacent to the public
roadway other than a lane, and, in the case of more than one property
line adjacent to the public roadway, the front property line shall be the
shorter of the two. In the case that both lot lines are the same length,
the front lot line shall be designated at the discretion of the
development authority. In the case of a double-fronting lot, either
street line may be considered the front line, but the other street line
shall be the rear lot line. Where lots abut Lesser Slave Lake, the front
property line shall be the boundary adjacent to the Lake.
PROPERTY LINE, REAR: the boundary line of a lot lying opposite to the
front line of the lot and/or farthest away from a highway or road.
PROPERTY LINE, SIDE: the boundary line of a lot lying between a front
line and a rear line of a lot. In the case of a corner lot, the longer of the
two boundary lines adjacent to the highway or road shall be
considered a side property line.
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PUBLIC ROAD: the right-of-way for a highway, street or lane that is registered at the Land Titles Office and is
used or intended to be used to accommodate vehicular traffic, and includes a bridge forming part of a public
roadway or any structure incidental to a public roadway as defined in the Act.
PUBLIC WORKS BUILDING: any building, structure, facility, yard, or complex used by the County to facilitate
the performance of, or storage with respect to, the maintenance and care of public infrastructure.
RECREATION (EXTENSIVE): means uses which are located in areas to take advantage of natural physical
features and to provide for non-facility oriented recreational activities such as hunting, trail riding,
snowmobiling, hiking, cross-country skiing, rustic camping and similar uses in rural areas.
RECREATION (INTENSIVE): high density recreational activities such as picnic grounds, fishing lodges, beach
areas, riding stables, sports fields, curling rinks, arenas, skating rinks, swimming pools, bowling alleys and golf
courses, but does not include campgrounds.
RECREATIONAL VEHICLE: a portable structure intended as temporary accommodation for travel, vacation, or
recreational use. Such structures may include but not be limited to a motor home, fold-down camping trailer,
truck camper, holiday trailer, fifth wheel travel trailer, and park model trailer. Conventional or converted
manufactured homes are not recreational vehicles, as defined under this bylaw.
RECREATIONAL VEHICLE PARKING SITE: a plot of ground intended for the accommodation of a recreational
vehicle. It can either be a serviced or non-serviced Site.
RESORT: land that is generally used for recreational living purposes and includes a natural or man-made
feature such as a recreational lake or golf course that is connected to the resort. Resorts may be subdivided
within the context of a bareland condominium or unsubdivided when intended for short term occupancy to
service the travelling public.
RETAIL (GENERAL): development used for the retail sale of a wide variety of consumer goods from within an
enclosed building. Minor government services, such as postal services, are permitted within retail stores.
Cannabis Retail Store is not included in this use class.
RETAIL (SMALL): development used for the retail sale of those goods required by area residents or
employees on a day-to-day basis, from business premises that do not exceed 275 m2 (2,960 ft2) in gross floor
area. Typical uses include small food stores, drug stores and variety stores selling confectionery, tobacco,
groceries, beverages, pharmaceutical and personal care items, hardware, or printed matter. Wholesale or
retail liquor sales/distribution outlets or facilities or Cannabis Retail Store are not included in this use class.
RURAL FARMLAND ASSESSMENT: the agricultural use value of land used as determined by the Act.
SALVAGE YARD: a scrapyard or junkyard (also called wreck yard, wrecker's yard, salvage yard, breakers yard
and scrapheap), which is the location of a dismantling business where wrecked or decommissioned vehicles
are brought, their usable parts are sold for use in operating vehicles, while the unusable metal parts, known
as scrap metal parts, are sold to metal-recycling companies.
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SEA CAN: a large standardized shipping container, designed and built for intermodal freight transport
meaning these containers can be used across different modes of transport - from ship to rail to truck -
without unloading and reloading their cargo. They are also known as shipping, intermodal, ocean or box
container(s) or c-can.
SERVICE STATION: an establishment used for the sale of gasoline, propane or other automotive fuels or
petroleum products; and may include the sale of other accessories for motor vehicles. Typical uses include
gas bars, car washes, and may also include an eating and drinking facility and/or convenience store but does
not include servicing and minor repair of motor vehicles.
SETBACK: the distance that a development, or a specified portion of it, must be set back from a property line.
SEWAGE COLLECTION SYSTEM: consists of a CSA approved sealed impermeable holding tank.
SHOOTING RANGE: A place designed for the safe discharge, on a regular and structured basis, of firearms for
target practice or sport shooting competitions.
SHORELINE: the land covered by water for such a period of time that it no longer features the natural
vegetation or marks a distinct boundary from the water environment and the soil of the waterbody and the
vegetation of the surrounding land.
SIGN: anything that serves to indicate the presence or the existence of something, including, but not limited
to a lettered board, a structure, or a trademark displayed, erected, or otherwise developed and used or
serving or intended to serve to identify, to advertise, or to give direction.
SIGHT TRIANGLE: The triangle formed by a straight line drawn between two (2) points on the exterior
property lines of the said site, 6 m (20 ft) from the point where they intersect.
STEEP SLOPES: Any land with a slope angle of 20% or greater for a minimum of 9.1 m (30 ft) horizontally.
STORAGE FACILITY: land and/or buildings designed and available for rent for the storage of recreational
vehicles or motor sport vehicles when not in use. This does not include camping, vehicles or goods of a non-
recreational nature, storage containers, salvage of abandoned vehicles or equipment, construction material,
dangerous or hazardous goods or materials.
STORAGE TANK, ABOVE GROUND: a tank that sits on or above the ground and whose top and complete
external sides can be visually inspected. The tank is used is for the storage, commercialization, and sale of
crude oil and/or other petroleum or chemical products.
STOREY: a floor of a building, excepting the basement.
STOREY, HALF: that part of any building wholly or partly within the framing of the roof, where the habitable
floor area is not more than 70% of the ground floor.
STREET: a right-of-way no less than 10 m (33 ft) in width for a public thoroughfare and designed for the use of
vehicular or pedestrian traffic but does not include a lane or as defined as a street in the Highway Traffic Act.
STRUCTURE: a building (including eaves) or other thing erected or placed in, on, over or under land, whether or
not it is so affixed to the land as to become transferred without special mention by a transfer or sale of the land.
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SUBDIVISION AUTHORITY: a Subdivision Authority established Pursuant to the Act.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD: means the Subdivision and Development Appeal Board
appointed pursuant to the provisions of the Act.
SUBDIVISION OFFICER: a person authorized to accept, process, and endorse subdivisions on behalf of the
subdivision authority pursuant to the provisions of the Act.
TRANSLOADING FACILITY: a facility used for the process of transferring a product from one form of transport
(i.e. truck or pipeline) to another form of transport (i.e. rail or truck). Short term temporary storage of the
product shall only be allowed if there are approved storage tanks on site. (see also "STORAGE TANK, ABOVE
GROUND"
TEMPORARY DEVELOPMENT: a development for which a development permit has been issued for a limited
time only.
TEMPORARY USE OR BUILDING: a use or building developed on a parcel which is not permanent in nature
and can conveniently and economically be removed so as to not prejudice the future subdivision or
development of that parcel.
TEMPORARY LIVING ACCOMMODATION: any recreational vehicle, holiday trailer, camper or tent situated
on a residential lot.
TOURIST HOME: a dwelling unit operated as a temporary place to stay, with or without compensation, and
includes all vacation rentals of a dwelling unit. The characteristics that distinguish a tourist home from a
dwelling unit used as a residence may include any of the following:
a) the intent of the occupant to stay for short term vacation purposes rather than use the property as a
residence; and/or
b) the commercial nature of a tourist home; and/or
c) the management or advertising of the dwelling unit as a tourist home or "vacation property"; and/or
d) the use of a system of reservations, deposits, confirmations, credit cards or other forms of electronic
payment.
e) These examples do not represent an exhaustive list of operating practices that may constitute a
tourist home.
TRUCKING OPERATION: a parcel of land that is used to store trucks and related equipment. May include a
maintenance shop/garage and office.
USE: a use of land or a building as determined by the Development Officer.
UTILITY: the components of a sewage, storm water or solid waste disposal system, or a telecommunication,
electrical power, water, gas, or oil distribution system.
UTILITY BUILDING: a building in which the proprietor of a utility company, cooperative or the County
maintains his office or offices and/or maintains or houses any equipment used in connection with the utility.
Equipment may include a potable water reservoir.
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VEHICLE SALES/RENTALS: the retail sale or rental of new or used automobiles, bicycles, motorcycles,
snowmobiles, tent trailers, boats, travel trailers or similar light recreational vehicles, together with incidental
maintenance services, sales of parts and accessories. This includes automobile dealerships.
VIOLATION TICKET: a ticket issued pursuant to the Provincial Offences Procedure Act RSA 2000, Chapter P-34.
WATER BODY: the bed and shore of a river, stream, lake, creek, lagoon, swamp, marsh, or other natural body
of water whether it contains or conveys water continuously or intermittently.
WAREHOUSING: a building or structure used for the storage and distribution of raw materials, processed or
manufactured goods, and establishments providing servicing for those purposes. Cannabis Production and
Distribution Facility is not included in this use class.
WATER RESERVOIR: a natural or artificial place where water is collected and stored for use, especially water
for supplying a community, irrigating land, furnishing power, etc.
YARD: a required open space unoccupied and unobstructed by any structure or portion of a structure above
the general ground level of the graded parcel, unless otherwise permitted in this Bylaw.
YARD, FRONT: that portion of the parcel extending across the full width of the parcel from the front property
boundary line of the parcel to the front wall of the main building.
YARD, REAR: that portion of the parcel extending across the full width of the parcel from the rear property
boundary of the parcel to the exterior wall of the principal building.
YARD, SIDE: that portion of the parcel extending from the front yard to the rear yard and lying between the
side property boundary of the parcel and the nearest portion of the exterior wall of the principal building.
YARD, ZERO SIDE: a case where a development is allowed to be built on an interior lot line with no required
side yard setback to the side upon with the development(s) are located.
Schedule A:
Land Use District Map
To see the most current Land Use District Map visit: Big Lakes County Interactive Map
Schedule B:
Airport Overlays