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Page 1 of 52
BYLAW NO. 339
BEING THE LAND USE BYLAW OF THE
VILLAGE OF BITTERN LAKE
With amendments to November 10, 2015
LUB Amendment 06.14
PART ONE - GENERAL
SECTION 1 PURPOSE
The purpose of this Bylaw is to prohibit or regulate and control the use and
development of land and buildings within the municipality to achieve the orderly and
economic development of land, and for that purpose, amongst other things,
(1)
to divide the municipality into districts;
(2)
to prescribe and regulate for each district the purposes for which land and
buildings may be used;
(3)
to establish the office for a Development Officer;
(4)
to establish a method of making decisions on applications for development
permits including the issuing of development permits;
(5)
to prescribe a procedure to notify owners of land likely to be affected by the
issue of a development permit.
SECTION 2 INTERPRETATION
In this Bylaw:
(1)
ACT - means the Municipal Government Act.
(2)
ACCESSORY BUILDING - means a building which is separate from the principal
building on the lot where both are located, and which the Development Officer
decides is subordinate to, and the use is incidental to, that of the principal
building, but under no circumstances is to be used for human occupancy.
(3)
APARTMENT - means a residential use consisting of at least three dwellings
units, but
shall not mean row housing.
(4)
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.
Page 2 of 52
(5)
ACCESSORY USE - means a use customarily incidental and subordinate to the
main use or building and is located on the same parcel of land with such main
use or building.
(6)
AGENCY - means the Battle River Planning Agency or its successor as planning
advisor. [Bylaw 10/04]
(7)
COUNCIL - means the Council of the Village of Bittern Lake.
(8)
DEVELOPMENT - 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 in, on, over or under land of any of them,
(c)
a change of use of land or a building or an act done in relation to land or a
building that results in or is likely to result in a change in the use of the
land or building, or a change in the intensity of use of land or a building or
an act done in relation to land or a building that results in or is likely to
result in a change in the intensity of use of the land or building;
(9)
DEVELOPMENT APPEAL BOARD - means a Development Appeal Board
appointed pursuant to [the Act]
(10) DEVELOPMENT AUTHORITY - means a person appointed by resolution of
council, and in accordance with common usage, may also be referred to a the
development Officer. [Bylaw 10/04]
(11) DEVELOPMENT PERMIT - means a document authorizing a development
issued pursuant to this Bylaw;
(12) DISCRETIONARY USE- means the use of land or a building provided for in a
Land Use Bylaw for which a development permit may be issued upon an
application having been made;
(13) DWELLING - means any building or structure used exclusively for human
habitation and which is supported on a permanent foundation or base extending
below ground level and includes multiple dwellings, apartments, lodging and
boarding houses, but does not include mobile homes of any kind whether
standing on wheels or supported by blocks, jacks, or any other temporary
foundation;
(14) DWELLING UNIT - means a complete building or self-contained portion of a
building, set or suite of rooms for the use of one or more individuals living as a
single housekeeping unit, containing sleeping, cooking and separated or shared
toilet facilities intended as a permanent or semi-permanent residence not
separated from direct access to the outside by another separate or self-
contained set or suite of rooms;
Page 3 of 52
(15) DUPLEX - means two dwelling units sharing a common wall, and located side by
side or one above the other;
(16) GROSS FLOOR AREA - means the total area of all floors of all buildings
including accessory buildings located on any parcel, excluding the area of
basement floors, EXCEPT that basement suites in apartment buildings shall be
included in the calculation of gross floor area;
(17) GROSS FLOOR AREA RATIO - means the ratio or decimal resulting from
dividing the gross floor area of all buildings by the total site area of the parcel on
which the buildings are located;
(18) HOME OCCUPATION - means any occupation, trade, profession, or craft carried
on by an occupant of a residential building as a use secondary to the residential
use of the building or land which does not change the character of the
neighbourhood;
(19) GROUP HOME - means a building or a portion of a building used for the care or
rehabilitation of dependent children, adolescents or adults;
(20) LOT - means:
(a)
a quarter section,
(b)
a part of a parcel 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
(c)
a part of a parcel 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;
(21) MAIN BUILDING - means a building in which is conducted the main or principle
use of the site on which it is erected;
(22) MANUFACTURED HOME - means a residential building containing one dwelling
unit, built in a factory and designed to be moved from place to place. Typically,
manufactured homes are long and narrow, with a low roof pitch and small or no
roof overhangs, and are sometimes referred to as "mobile homes" or "trailers",
although those names are no longer used by the manufactured housing industry.
For the purposes of this bylaw, a manufactured home does not include a
modular home. [Bylaw 10/04]
(23) MODULAR HOME - means a new residential building containing one dwelling
unit, built in a factory and transported to a site to be permanently installed on a
foundation, and which appear indistinguishable in design and finish from a stick-
built house. For the purposes of this bylaw, a modular home is not a
manufactured home. [Bylaw 10/04]
Page 4 of 52
(24) MUNICIPALITY - means the Village of Bittern Lake;
(25) NON-CONFORMING BUILDING - means a building
(a)
that is lawfully constructed or lawfully under construction at the date a
Land Use Bylaw or any amendment thereof affecting the building or land
on which the building is situated becomes effective, and
(b)
that on the date the Land Use Bylaw or any amendment thereof becomes
effective does not, or when constructed will not, comply with the Land Use
Bylaw;
(26) NON-CONFORMING USE - means a lawful specific use
(a)
being made of land or a building or intended to be made of a building
lawfully under construction, at the date a Land Use Bylaw or any
amendment thereof affecting the land or building becomes effective, and
(b)
that on the date the Land Use Bylaw or any amendment thereof becomes
effective does not, or in the case of a building under construction will not,
comply with the Land Use Bylaw;
(27) PARCEL - means the aggregate of the one or more areas of land described in a
certificate of title or described in a certificate of title by reference to a plan filed or
registered in a Land Titles Office;
(28) PERMITTED USE - means the use of land or a building provided for in a Land
Use Bylaw for which a development permit shall be issued upon an application
having been made;
(29) PUBLIC UTILITY BUILDING - means a building as defined in the Municipal
Government Act in which the proprietor of the public utility maintains its office or
offices and/or maintains or houses any equipment used in connection with the
public utility;
(30) REGIONAL PLAN - means the regional plan adopted by the Commission under
the Act;
(31) REGISTERED OWNER - means
(a)
in the case of land owned by the Crown in the right of Alberta or the
Crown in the right of Canada, the Minister of the Crown having the
administration of the land, or
Page 5 of 52
(b)
in the case of any other land,
(i)
the purchaser of the fee simple estate in the land under an
agreement for sale that is the subject of a caveat registered against
the certificate of title in the land and any assignee of the
purchaser's interest that is the subject of a caveat registered
against the certificate of title, or
(ii)
in the absence of a person described in paragraph (i), the person
registered under the Land Titles Act as the owner of the fee simple
estate in the land;
(32) ROW HOUSING - means a residential use where a building or buildings on a lot
are each used for at least three dwelling units with each unit having direct access
to the outside grade, but shall not mean APARTMENT;
(33) SITE - means one or more lots or parcels for which an application for a
development permit is being made, and may include streets, lanes, walkways
and any other land surface upon which development is proposed.
(34) YARD - means a required open space unoccupied and unobstructed by any
structure or portion of a structure above the general ground level of the graded
lot, unless otherwise permitted in this Bylaw;
(35) YARD, FRONT - means that portion of the site extending across the full width of
the site and lying between the front property boundary of the site and the exterior
wall(s) of the principal building situated on the site;
(36) YARD, REAR - means that portion of the site extending across the full width of
the site and lying between the rear property boundary of the site and the exterior
wall(s) of the principal building situated on the site;
(37) YARD, SIDE - means that portion of the site extending from the front yard to the
rear yard and lying between the side property boundary of the site and the
nearest portion of the exterior wall(s) of the principal building;
and all other words and expressions have the meanings respectively assigned to them
in the Act.
Page 6 of 52
SECTION 3 ESTABLISHMENT OF DISTRICTS
(1)
For the purpose of this Bylaw the Village of Bittern Lake is divided into the
following districts:
R.1 - RESIDENTIAL
R.2 - RESIDENTIAL
R1A - RESIDENTIAL [Bylaw 08/01]
C.1 - CENTRAL COMMERCIAL
C.2 - GENERAL COMMERCIAL
C.3 - HIGHWAY COMMERCIAL
M - INDUSTRIAL
SH - SMALL HOLDINGS
SH1 - SMALLHOLDING [Bylaw 08/01]
US - URBAN SERVICE AND OPEN SPACE
A - AGRICULTURAL
(2)
The boundaries of the districts listed in subsection (1) are as shown on the Land
Use District Map being Part Eight hereto.
(3)
Where uncertainty exists as to the boundaries of districts as shown on the Land
Use District Map, the following shall apply:
Rule 1.
Where a boundary is shown as following a street, lane,
stream, or canal, it shall be deemed to follow the centre line
thereof.
Rule 2.
Where a boundary is shown as approximately following a lot
line, it shall be deemed to follow the lot line.
Rule 3.
In circumstances not covered by rules 1 and 2 the location
of the district boundary shall be determined:
(a)
where dimensions are set out on the Land Use District Map,
by the dimensions so set out, or
(b)
where no dimensions are set out on the Land Use District
Map, with respect to such boundary, by measurement of and
use of the scale shown on the Land Use District Map.
(4)
Where the application of the above rules does not determine the exact location
of the boundary of a district, the Council either on its own motion or upon 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.
Page 7 of 52
(5)
After the Council has fixed a district boundary pursuant to the provisions of
subsection (4), the portion of the boundary so fixed shall not be thereafter altered
except by an amendment of this Bylaw.
(6)
The Development Officer shall maintain a list of council's decisions with respect
to boundaries or portions thereof fixed by it.
SECTION 4 ESTABLISHMENT OF GENERAL REGULATIONS
General Regulations shall be as set forth in the General Regulations, being Part Six of
this Bylaw, and may be amended in the same manner as any other part of this Bylaw.
SECTION 5 ESTABLISHMENT OF LAND USE DISTRICT REGULATIONS
Land Use District Regulations shall be as set forth in the Land Use District Regulations,
being Part Seven of this Bylaw and may be amended in the same manner as any other
part of this Bylaw.
PART TWO - AGENCIES
SECTION 6 DEVELOPMENT OFFICER
(1)
The office of the Development Officer [or Development Authority: Bylaw 10/04] is
hereby established and such office shall be filled by a person or persons to be
appointed by resolution of Council, and in the absence of any such resolution,
the Municipal Administrator of the Municipality.
(2)
The Development Officer shall perform such duties that are specified in Part
Three of this Bylaw.
(3)
The Development Officer shall keep and maintain for the inspection of the public
during all reasonable hours a copy of this Bylaw and all amendments thereto,
and keep a register of all applications for development, including the decisions
thereon and the reasons therefor.
(4)
For the purposes of Section 210 of the Act, the Development Officer is hereby
deemed to be an authorized person of the council. Bylaw 06.14.
Page 8 of 52
SECTION 7 DEVELOPMENT APPEAL BOARD
The Development Appeal Board, being the council by virtue of the Act, shall perform
such duties as are specified in PART FOUR of this Bylaw.
PART THREE - DEVELOPMENT PERMITS
SECTION 8 CONTROL OF DEVELOPMENT
(1)
No development other than that designated in Section 9 shall be undertaken
within the municipality unless an application for it has been approved and a
development permit has been issued.
SECTION 9 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
The following development shall not require a development permit:
(1)
The carrying out of works of maintenance or repair to a building, provided that
such works do not include structural alterations or major works of renovation.
(2)
Development permits issued prior to the amendment will be considered valid,
provided that the building is completed in accordance with the terms of any
permit granted in respect of it and subject to the conditions to which it was
granted and provided that the building is completed within a period of twelve
months from the said date of the official notice. Bylaw 06.14.
(3)
The use of any such buildings as is referred to in subsection (2) for the purpose
for which construction was commenced.
(4)
The erection or maintenance of gates, fences, walls or other means of enclosure
(other than on corner lots or where abutting on a road used by vehicular traffic)
less than one metre in height in front yards and less than two metres in height on
the side and rear yards, and the maintenance, improvement and other
alterations of any gates, fences, or walls or other means of enclosure.
(5)
A temporary building, the sole purpose of which is incidental to the erection or
alteration of a building, for which a permit has been issued under this Bylaw.
(6)
The maintenance and repair of public works, services, and utilities carried out by
or on behalf of federal, provincial and municipal public authorities on land which
is publicly owned or controlled.
Page 9 of 52
(7)
The use of a building or part thereof as a temporary polling station, Returning
Officer's headquarters, candidate's campaign office and any other official
temporary use in conjunction with a federal, provincial or municipal election,
referendum or census.
(8)
Official notices, signs, placards or bulletins required or permitted to be displayed
pursuant to the provisions of federal, provincial or municipal legislation.
(9)
Signs which are an announcement for a particular public or community event and
will be removed after the occurrence of that event.
(10)
New single storey buildings, not on a permanent foundation, under 15 square
metres (160 square feet) in size, which are accessory to a residential use.
These buildings are bound by yard and setback rules. [Bylaw 10/04]
SECTION 10 NON-CONFORMING BUILDINGS AND USES
(1)
A non-conforming use of land or a non-conforming use of a building may be
continued but if that use is discontinued for a period of six consecutive months or
more, any future use of the land or building shall conform with the provision of
the land use bylaw then in effect.
(2)
A non-conforming use of part of a building may be extended throughout the
building but the building, whether or not it is a non-conforming building, shall not
be enlarged or added to and no structural alterations shall be made to it or in it.
(3)
A non-conforming use of part of a lot shall not be extended or transferred in
whole or in part to any other part of the lot and no additional buildings shall be
erected on the lot while the non-conforming use continues.
(4)
A non-conforming building may continue to be used but the building shall not be
enlarged, added to, rebuilt or structurally altered except
(a)
as may be necessary to make it a conforming building, or
(b)
as the Development Officer considers necessary for the routine
maintenance of the building.
(5)
If a non-conforming building is damaged or destroyed to the extent of more than
75 percent of the value of the building above its foundation, the building shall not
be repaired or rebuilt except in accordance with the land use bylaw.
(6)
The use of land or the use of a building is not affected by reason only of a
change of ownership, tenancy or occupancy of the land or building.
Page 10 of 52
SECTION 11 PERMISSION FOR DEVELOPMENT
(1)
An application for development shall be made to the Development Officer in
writing FORM A herein and shall be accompanied by:
(a)
a site plan in duplicate showing the legal description and the front, rear,
and side yards, if any, and any provision for off-street loading and vehicle
parking and access and egress points to the site;
(b)
floor plans and elevations and sections in duplicate;
(c)
a statement of uses;
(d)
a statement of ownership of land and interest of the applicant therein;
(e)
the estimated commencement and completion dates; and
(f)
the estimated cost of the project or contract price.
(2)
Each application for a development permit shall be accompanied by a fee, the
value which shall be set by resolution of the council.
(3)
The Development Officer shall receive, consider and decide on all applications
for a development permit.
(4)
The Development Officer has the authority to approve development applications
that conform to the bylaw. Applications that require discretionary consideration,
or deviate from the land use bylaw; will proceed to council for consideration.
Bylaw 06.14.
(5)
The Development Officer may require with respect to the development that as a
condition of issuing a development permit, the applicant enter into an agreement
to construct or pay for the construction of public roadways or parking facilities, to
install or pay for the installation of utilities, or to pay an off-site levy or
redevelopment levy imposed by bylaw.
(6)
In the case where an application for a development permit has been refused
pursuant to this PART or ultimately after appeal pursuant to PART FOUR of this
bylaw, the submission of another application for a permit on the same property
and for the same or similar use of the land by the same or any other applicant
may not be accepted by the Development Officer for at least six months after the
date of the previous refusal.
Page 11 of 52
(7)
In the case where a proposed specific use of land or a building is not provided
for in any district in this bylaw, the Development Officer may determine that such
use is similar in character and purpose to a permitted or discretionary use
prescribed for that district in Part Seven.
(8)
Council may approve an application for a development permit notwithstanding
that the proposed development does not comply with this bylaw, if in the opinion
and consideration of the Council, 06.14.
(a)
the proposed development would not
(i)
unduly interfere with the amenities of the neighbourhood, or
(ii)
materially interfere with or affect the use, enjoyment or value of
neighbouring properties, and
(b)
the proposed development conforms with the use prescribed for the land
or building in this Bylaw.
(9)
An application for a development permit shall, at the option of the applicant, be
deemed to be refused when the decision of the Development Officer is not made
within 40 days after receipt of the application by the Development Officer and the
person claiming to be affected may appeal in writing as provided for in PART
FOUR of this Bylaw as though he had received a refusal at the end of the period
specified in this subsection.
SECTION 12 DEVELOPMENT PERMITS AND NOTICES
(1)
A permit granted pursuant to this PART does not come into effect until 14 days
after the date of an order, decision, or development permit is issued, and any
development proceeded with by the applicant prior to the expiry of this period is
done solely at the risk of the applicant.
(2)
Where an appeal is made pursuant to PART FOUR of this Bylaw, a development
permit which has been granted shall not come into effect until the appeal has
been determined and the permit may be modified or nullified thereby.
(3)
When a permit has been granted an application for a discretionary use or
pursuant to subsections (7) and (8) of Section 11, the Development Officer shall:
(a)
immediately post a notice of the decision conspicuously on the property
for which the application has been made, and/or
Page 12 of 52
(b)
a notice in writing shall be immediately mailed to all registered owners of
land who in the opinion of the Development Officer may be affected,
and/or
(c)
a notice shall be immediately published in a newspaper circulating in the
municipality stating the location of the property for which the application
has been made and the use approved.
(4)
If the development authorized by a permit is not commenced within 12 months
from the date of first issue, or carried out with reasonable diligence, the permit is
deemed to be void, unless an extension to this period has previously been
granted by the Development Officer.
(5)
A decision of the Development Officer on an application for a development
permit shall be given in writing and a copy of it sent to the applicant.
(6)
When the Development Officer refuses an application for a development permit,
the decision shall contain reasons for the refusal.
PART FOUR - APPEALS
SECTION 13 APPEAL PROCEDURES
(1)
An application for a development permit shall, at the option of the applicant, be
deemed to be refused when the decision of the Development Officer is not made
within 40 days of receipt of the application.
(2)
Where a Development Officer
(a)
refuses or fails to issue a development permit, or
(b)
issues a development permit subject to conditions, or
(c)
issues an order under the Act,
the person applying for the permit or affected by the order, as the case may be,
may appeal to the Development Appeal Board.
(3)
A person affected by an order, decision or development permit made or issued
by the Development Officer, other than a person having a right of appeal under
subsection (1), may appeal to the Development Appeal Board.
Page 13 of 52
(4)
An appeal to the Development Appeal Board shall be commenced by serving a
written notice of appeal to the Secretary of the Development Appeal Board within
14 days after
(a)
in the case of an appeal made by a person referred to in subsection (1),
the date on which
(i)
the person is notified of the order or decision or the issuance of the
development permit; or
(ii)
if no decision is made with respect to the application for a
development permit, the 40-day period referred to in
subsection (2) (a) expired; or
(b)
in the case of an appeal made by a person referred to under subsection
(2), the date on which the notice of the issuance of the permit was given in
accordance with this Land Use Bylaw.
SECTION 14 PUBLIC HEARING
(1)
Within thirty days of receipt of a notice of appeal, the Development Appeal Board
shall hold a public hearing respecting the appeal.
(2)
The Development Appeal Board shall give at least five (5) days' notice in writing
of the public hearing to
(a)
the appellant,
(b)
the Development Officer from whose order, decision or development
permit the appeal is made,
(c)
those registered owners of land in the municipality who were notified
under Section 12 (3) (b) and any other person who in the opinion of the
Development Appeal Board, are affected by the order, decision or permit,
and
(d)
such other persons the Development Appeal Board specifies.
Page 14 of 52
(3)
The Development Appeal Board shall make available for public inspection before
the commencement of the public hearing all relevant documents and materials
respecting the appeal including
(a)
the application for the development permit, its refusal and the appeal
therefrom, or
(b)
the order of the Development Officer under Section 16,
as the case may be.
(4)
At the public hearing referred to in subsection (1), the Development Appeal
Board shall hear:
(a)
the appellant or any person acting on their behalf,
(b)
the Development Officer from whose order, decision or development
permit the appeal is made, or if a person is designated to act on the
behalf of the Development Officer, that person,
(c)
any person who was served with notice of the hearing and who wishes to
be heard or a person acting on their behalf, and
(d)
any other person who claims to be affected by the order, decision or
development permit and that the Development Appeal Board agrees to
hear or a person acting on his behalf.
(5)
The Development Officer shall not act as secretary to the Development Appeal
Board and shall not be present during the deliberations of the Development
Appeal Board after the public hearing has been closed.
SECTION 15 DECISION
(1)
The Development Appeal Board shall give its decision in writing together with
reasons for the decision within 15 days of the conclusion of the hearing.
(2)
In determining an appeal, the Development Appeal Board
(a)
shall comply with the Regional Plan, any statutory plan and subject to
clause (c), this Land Use Bylaw;
(b)
may confirm, revoke or vary the order, decision or development permit or
any condition attached to any of them or make or substitute an order,
decision or development permit of its own;
Page 15 of 52
(c)
may make an order or decision or issue or confirm the issue of a
development permit notwithstanding that the proposed development does
not comply with the Land Use Bylaw if, in its opinion,
(i)
the proposed development would not
(a)
unduly interfere with the amenities of the neighbourhood, or
(b)
materially interfere with or affect the use, enjoyment or value
of neighbouring properties, and
(ii)
the proposed development conforms with the use prescribed for
that land or building in this Land Use Bylaw.
(3)
A decision made under this part of the Bylaw is final and binding on all parties
and all persons subject only to an appeal upon a question of jurisdiction or law
pursuant to Section 688 of the Act. Bylaw 06.14. An application for leave to
appeal shall be made
(a)
to the judge of the Court of Appeal, and
(b)
within thirty (30) days after the issue of the order, decision, permit or
approval sought to be appealed,
and notice of the application shall be given to the Development Appeal Board
and such other persons as the judge may direct.
PART FIVE - ENFORCEMENT AND ADMINISTRATION
SECTION 16 CONTRAVENTION
(1)
Where a Development Officer finds that a development or use of land or
buildings is not in accordance with
(a)
the Act or the regulations,
(b)
a development permit or subdivision approval, or
(c)
the Land Use Bylaw,
the Development Officer may, by notice in writing, order the registered owner,
the person in possession of the land or buildings or the person responsible for
the contravention or all or any of them to,
Page 16 of 52
(d)
stop the development or use of the land or building in whole or in part as
directed by the notice,
(e)
demolish, remove or replace the development, or
(f)
take other measures specified in the notice so that the development or
use of the land or building is in accordance with the Act, the regulations, a
development permit, subdivision approval or this Land Use Bylaw as the
case may be.
(2)
Where a person fails or refuses to comply with an order directed to him under
subsection (1) or an order of a Development Appeal Board under Section 85 of
the Act within the time specified, the council or a person appointed by it may, in
accordance with Section 43 of the Act, enter on the land or building and take any
action necessary to carry out the order. When the council or a person appointed
by it carries out an order, the council shall cause the costs and expenses
incurred in carrying out the order to be placed on the tax roll as an additional tax
against the property concerned and that amount shall be collected in the same
manner as taxes on land.
SECTION 17 APPLICATION TO AMEND BYLAW
(1)
A person may apply to have this Bylaw amended, by applying in writing
furnishing reasons in support of the application and paying the fee therefore
required under Section 18 of this Bylaw.
(2)
Council may at any time initiate an amendment to this Bylaw by directing the
Development Officer to initiate an application therefore.
SECTION 18 FORM OF APPLICATION
(1)
All applications to amend the Land Use Bylaw shall be made to the Council on
FORM G herein and shall be accompanied by the following, namely:
(a)
an application fee, the value of which will be set by resolution of council,
for each application, but if the proposed amendment is adopted by
Council, Council may determine that the whole or part of the application
fee be returned to the applicant,
(b)
a certificate of search of the land affected or other documents satisfactory
to the Development Officer including the applicant's interest in the said
land, and
Page 17 of 52
(c)
all drawings required to be submitted shall be drawn on standard drafting
material to the satisfaction of the Development Officer and shall be fully
dimensioned, accurately figured, explicit and complete.
SECTION 19 AMENDING BYLAWS
All amendments to this Bylaw shall be by Council by bylaw and in conformance with
[the relevant sections of ] the Act.
PART SIX - GENERAL REGULATIONS
SECTION 20 GARAGES AND ACCESSORY BUILDINGS
(1)
Where a structure is attached to the principal building on a site by a roof, an
open or enclosed structure, a floor or a foundation, it is to be considered a part of
the principal building and not as an accessory building.
(2)
In residential districts:
(a)
Numbers
No more than two accessory buildings shall be placed on one
residential lot.
(b)
Height
An accessory building shall not exceed 5 metres (16.4 feet) in height.
(c)
Site Coverage
The total gross (Bylaw 06.14) floor area of accessory buildings shall not
exceed 12% of the site area.
(d)
Siting of Buildings
Unless otherwise provided in this Bylaw, detached garages and accessory
buildings shall be located:
(i)
A minimum of 2 metres (6.6 feet) from any dwelling.
(ii)
No closer to the front property line than the front of the
principal building.
Page 18 of 52
(iii)
No closer than 1 metre (3.3 feet) to the rear or side property line,
except;
(a)
where the vehicle doors of the detached garage face a lane
or street abutting the site in which case the garage shall be
no closer than 6 metres (19.7 feet) from the lane or street.
(b)
where an agreement exists between the owners of adjoining
properties to build their garages centred on the property line,
in which case the garage shall be constructed, to the
standards of the Alberta Building Code.
(c)
No closer than 1 metre (3.3 feet) from the side property line
and from the rear property line in the case of an angular or
curved approach from a lane.
(d)
No roof overhang shall be within 0.5 metres (19.7 inches) of
the side or rear property line.
(3)
In all other districts the provision of garages and accessory buildings shall be at
the discretion of the Development Officer unless otherwise provided for in this
Bylaw.
(4)
For further explanation on setback requirements see Section 23.
SECTION 21 CORNER AND DOUBLE FRONTING LOTS
(1)
Notwithstanding the provisions of this Bylaw, the Development Officer may
require any corner site to provide an additional front yard or yards other than that
required by the Bylaw, having regard to the orientation and access of any
development, conditions pertaining to roadway visibility, and the front yard
requirements of adjacent properties.
(2)
[Deleted by Bylaw 10/04]
SECTION 22 MOBILE HOME PARKS
(1) Prior to the granting of a development permit for a mobile home park, the
developer shall enter into an agreement with the municipality specifying the
respective obligations to be assumed by him and the municipality regarding:
Page 19 of 52
(a)
The establishment, operations and maintenance of the following:
- storm sewers and ditches
- sanitary sewers
- water, power, gas
- roadways, sidewalks
- snow removal
- garbage collection
- fire fighting
- parks and playgrounds
- other services deemed necessary by the Development Officer;
(b)
Standards of construction of above; and
(c)
Such other matters as deemed necessary by the Development Officer.
(2)
General Regulations:
(a)
A mobile home shall not be located on any site within a mobile home park
unless and until the necessary license required under the [Act], has been
issued to the owner / manager / supervisor of the mobile home park or the
owner / occupant of the mobile home by the responsible municipal official.
(b)
Each application for a development permit shall be accompanied by a site
development plan as well as a landscaping plan which shall be to the
satisfaction of the Development Officer. In addition, the applicant shall,
upon approval of the permit, deliver a penalty bond to the amount of 25%
of the estimated cost of landscaping to ensure completion of landscaping.
(c)
All accessory structures such as patios, porches, additions, skirting and
storage facilities shall be of a quality satisfactory to the Development
Officer, so that the design and construction will complement the mobile
home.
(d)
The undercarriage of each mobile home shall be suitably enclosed from
view by skirting or such other means satisfactory to the Development
Officer. Hitches shall be removed or properly screened.
(e)
Adequate common storage areas, incorporated within the mobile home
park, shall be provided for the storage of seasonal recreational
equipment, etc. Such storage areas shall be enclosed or properly
screened to the satisfaction of the Development Officer.
Page 20 of 52
(f)
Each mobile home shall be placed upon a concrete pad or a gravel base
with four concrete piles with tie down loops and supported by blocks as
approved by the Development Officer.
(g)
All utilities shall be underground and roads shall be paved or surfaced to a
standard satisfactory to the Development Officer.
(h)
All mobile homes must be C.S.A. approved.
(3)
Unit Lot Coverage:
The area the mobile home occupies shall not exceed 35% of the lot area upon
which it is located. The total unit lot coverage shall not exceed 40%.
(4)
Minimum Mobile Home Park Site Area
(a)
Minimum site park area shall be 2 hectares (4.9 acres).
(b)
Minimum area for each unit site shall be 375 square metres (4037 ft²) and
the boundaries of each site shall be clearly marked by permanent
markers.
(c)
The minimum lot width shall be 12 metres (39.4 feet).
(5)
Setbacks:
(a)
In a mobile home park the mobile home lots shall be located at least 8
metres (26.2 feet) from that boundary of the park abutting a public street
or highway, and at least 5 metres (16.4 feet) from the remaining
boundaries of the park. These setbacks shall be treated as amenity strips
and suitably landscaped and protected from any sort of development
which will compromise their intended use.
(b)
Mobile homes, including any porch or addition, shall be separated from
each other by at least 5 metres (16.4 feet).
(c)
The distance from any side, end, or addition, to a mobile home shall in no
instance be less than 1.5 metres (4.9 feet) to the adjacent lot line.
(d)
Every mobile home shall be set back at least 3 metres (9.8 feet) from the
adjoining internal access road or common parking area.
Page 21 of 52
(7)
Parking:
There shall be at least one car parking stall provided on each mobile home lot,
and provision shall be made for visitor parking at the ratio of one per lot. The
visitor parking shall be dispersed throughout the court to be conveniently located
for all parts of the mobile home park.
(8)
Recreation:
No less than 5% of the gross area of the court shall be designed for recreational
uses. This area shall be conveniently located and supplied with recreational
equipment.
(9)
Signs Permitted
(a)
Identification sign to a maximum of 2 metres (6.6 feet) above grade and to
a maximum area of 3 square metres (32 ft²) may be located at the main
entrance to the park.
(b)
Directional signs within the mobile home park must be integrated in
design and appearance and kept in scale with the immediate
surroundings to the satisfaction of the Development Officer.
(10)
Board of Health Regulations:
Every mobile home park shall comply with the provisions of the Provincial Board
of Health Regulations.
SECTION 23 MINIMUM SETBACK REQUIREMENTS - RESIDENTIAL DISTRICT
The minimum setback requirements for residential districts shall be as shown in the
following diagram.
[See also text for each district]
Page 22 of 52
SECTION 24 MINIMUM PARKING STANDARDS
The minimum size for a parking space shall be as stated in the following table.
a
b
c
d
e
f
g
Parking
Angle in
Degrees
Width
of Stall
in
Metres
Depth of Stall
Perpendicular
to
Maneuvering
in Metres
Overall
Depth
in
Metres
Width of
Maneuvering
Aisle in
Metres
Stall
Width
in
Metres
Free
Space
Length
in
Metres
0
3
3
10
4
5.5
0
30
3
5
14
4
6.0
8.7
45
3
5.5
15
4
4.2
5.5
60
3
5.5
17
6
3.5
3.6
90
3
5.5
17
6
3.0
0
SECTION 25 OFF-STREET AUTOMOBILE PARKING
The minimum number of off-street parking spaces required for each
use/development shall be as stated in the following table.
USE OF BUILDING/DEVELOPMENT
MINIMUM REQUIRED SPACES
Residential
1 & 2 family dwelling unit
3 family & greater dwelling units
1.0 per dwelling unit
1.5 per dwelling unit
Commercial
Retail stores
Restaurants, cafes, etc
Hotels, motels, etc
1.0 per employee
1.0 per three employees
1.0 per ten seating spaces
1.0 per three employees
1.0 per sleeping unit
Places of Public Assembly
Churches, halls, etc
1.0 per three employees
1.0 per ten seating spaces or when the
greatest amount of parking will be
required after normal business hours,
the Development Officer may count
nearby public parking as part of the
Page 23 of 52
required on-site parking.
Schools
Public
Senior
1.0 per employee
1.0 per employee
1.0 per twenty students
Industrial
Manufacturing, wholesale, etc
1.0 per employee
Hospitals & Similar Uses
1.0 per employee
1.0 per four beds
Mixed Uses
Proposed developments of more than
one use shall provide parking stalls
equal to the sum of the requirements for
the individual uses.
Other
To the satisfaction of the Development
Officer.
NOTE:
Employee shall refer to the total number of employees to be on site
at any given peak period of time/shift.
SECTION 26 OFF-STREET LOADING
(1)
Each loading space shall have dimensions of not less than 3 metres (9.8 feet) in
width and 8 metres (26.2 feet) in length.
(2)
Loading spaces shall be designed so that backing or turning movements of
vehicles going to or from the site do not interfere with traffic in adjacent streets or
lanes.
(3)
Each loading space shall be graded and surfaced to dispose of storm water
runoff.
(4)
A minimum of one off-street loading space shall be provided for each
commercial, industrial, or similar use.
Page 24 of 52
SECTION 27 SITE LANDSCAPING
The Development Officer shall use his discretion in requiring all development to be
properly screened and maintained.
SECTION 28 SIGNS
The erection of signs for whatever purpose, must be approved by the Development
Officer, who shall exercise discretion in sign specifications.
SECTION 29 PROHIBITED OBJECTS IN YARDS
No person shall be allowed to keep or maintain on a site or street in a residential
district:
(1)
any dismantled or wrecked vehicle for more than one month.
(2)
any object which is unsightly or will offend neighbours, in the opinion of the
Development Officer.
SECTION 30 CONTROLLED APPEARANCE
The design, siting, external finish, and architectural appearance of any proposed
building, structure, or sign must be acceptable to the Development Officer having due
regard for the amenities and character of the existing development and neighbouring
development.
SECTION 31 LOT GRADING
In all cases, lot grades shall be established to prevent drainage from one lot to the next.
SECTION 32 CHURCHES
(1)
The site on which a church is situated shall have a minimum frontage of 30
metres (98.4 feet).
(2)
Front, side and rear yards shall be those required within the district in which the
church site is located.
(2) Parking requirements as specified in Sections 24 and 25.
Page 25 of 52
SECTION 33 SWIMMING POOLS
(1)
Entry Restrictions
(a)
Every private swimming pool shall be secured against entry of the public
other than owners, tenants or their guests.
(b)
No privately owned outdoor swimming pool shall be constructed or
maintained unless there is erected and maintained entirely around such
pool an approved fence, except that a wall of a building may be
considered to provide adequate protection for its length when substituted
for any portion of the fence.
(c)
Every fence enclosing an outdoor swimming pool shall be at least 2
metres in height above the level of grade outside the enclosure and shall
be of close board, chain link or other approved design such that it will
reasonably deter children from climbing over or crawling through or under
it to gain access to the fenced in area. Gates in the aforesaid fence shall
provide protection equivalent to the fence and shall be equipped with a
self-latching device and lock near the top and on the inside of the gate.
Every gate shall be locked except when the fenced in area is actually
being used and supervised by the owner of the premises or other adult
person authorized by the owner to supervise the use of the pool.
(d)
No barbed wire nor device for projecting an electric current shall form part
of a fence or gate.
(2)
Safety Requirements
A private swimming pool shall be so constructed that:
(a)
The depth of the pool shall be clearly marked in metres at the deepest
point, and the shallowest point.
(b)
It is provided with at least one exit ladder or stair from the deepest part of
the pool, where the greatest dimension of the pool does not exceed 10
metres (32.8 feet). An additional ladder of stair is to be provided at the
opposite end of the pool where the pool exceeds 10 metres (32.8 feet).
(c)
The method and degree of treatment of water for all private swimming
pools shall be to the satisfaction of the Medical Officer of Health.
Page 26 of 52
SECTION 34 FENCING
Fencing of various land uses shall be to the discretion of the Development Officer.
SECTION 35 APARTMENTS
In addition to the specific regulations noted in this Bylaw, the Development Officer,
when issuing a development permit for an apartment building, may impose such
conditions as he thinks necessary regarding location on lot, setbacks, parking, access,
landscaping, and such other matters as appear necessary to protect the interest of
future residents of the proposed building, neighbouring residents, and the municipality
as a whole.
SECTION 36 C.3 DRIVE-IN BUSINESS
Drive in businesses shall only be located where it can be demonstrated that traffic will
not be impeded. There shall also be a provision for at least 8 parking spaces on site in
addition to that specified in Sections 25. In issuing a development permit for a drive-in
business, the Development Officer may impose whatever conditions he feels necessary
to ensure building quality and site control.
SECTION 37 GAS/SERVICE STATIONS
(1)
Service stations are encouraged to be located at the intersection of 2 or more
streets. Yard requirements are as follows:
Front Yard: 12 metres (39.4 feet)
Gasoline pumps shall not be closer than 4 metres (13.1 feet) to the
property line.
Rear Yard:
6 metres (19.7 feet)
Side Yard:
One yard setback shall be at least 12 metres (39.4 feet) and the
other shall not be less than 1.5 metres (4.9 feet), provided that
where these uses are located on a flanking street, the 12 metres
(39.4 feet) setback shall be provided on the side of the building
abutting the flanking street.
(2)
Minimum Lot Width:
45 metres (147.6 feet)
Page 27 of 52
SECTION 38 SOLAR COLLECTORS
No development permit shall be issued for the construction or enlargement of any
building which would significantly reduce the amount of sunlight falling on any solar
collection system which is complete or under construction at the time of application for
the permit.
SECTION 39 DAMAGE TO LOCAL IMPROVEMENTS
The Development Officer may require, as a condition of issuing a development permit,
that a developer post a bond to cover cost of repairing local improvements which may
be damaged during process of development. The bond shall be returned if no damage
results from development.
SECTION 40 UTILITY EASEMENTS
No building shall be constructed or placed on a utility easement unless:
(1)
In the opinion of the Development Officer, the building does not restrict access to
the utility easement for the purpose of installation and maintenance of the utility,
and,
(2)
Written consent has been obtained from the utility company to which the
easement has been granted.
SECTION 41 MEASUREMENTS
Where a distance is given in both metric and imperial units, the imperial measure is
given for convenience only and has no legal standing.
Page 28 of 52
PART SEVEN - LAND USE DISTRICT REGULATIONS
SECTION 42 R.1 RESIDENTIAL DISTRICT
Purpose: The purpose of the R.1 Residential District is to provide land for the
development of quality, low density residential houses.
(1)
Permitted Uses
(a)
New single family houses of conventional construction
(b)
Parks and playgrounds
(c)
Accessory buildings to the above
(d)
Modular homes [Bylaw 10/04]
(2)
Discretionary Uses
(a)
[Modular homes deleted by Bylaw 10/04]
(b)
Public utilities installations
(c)
Churches and schools
(d)
Home occupations
(e)
Swimming pools
(f)
Basement suites
(g)
Bed and Breakfast \[Bylaw 04-98]
(3)
Minimum Site Area
(a)
The minimum site area for a residential parcel in this District shall be 500
square metres (5382 ft²) providing the parcel is laned.
(b)
Laneless parcels shall have a minimum of 550 square metres (5920.2 ft²).
(c)
All corner parcels shall have a minimum site area of 600 square metres
(6458.3 ft²).
(4)
Minimum Site Width
Interior parcel:
15 metres (49.2 feet)
Corner parcel:
17 metres (55.8 feet)
(5)
Minimum Lot Depth
30.5 metres (100 feet)
Page 29 of 52
(6)
Other Site Requirements
All other permitted and discretionary uses shall be to the satisfaction of the
Development Officer.
(7)
Minimum Yard Requirements
(a)
Front Yard: 6 metres (20 feet) [Bylaw 10/04]
(b)
Side Yard:
1.5 metres (4.9 feet)
- Where in a laneless subdivision, one side yard shall be 1.5 metres (4.9
feet) and the other 3 metres (9.8 feet).
- Where on a corner parcel, in accordance with Section 21.
(c)
Rear Yard:
No part of the main building shall be closer than 6 metres
(19.7 feet) to the rear property line.
(d)
Other Yard requirements:
Accessory buildings shall be located in accordance with the regulations
prescribed in Section 20.
(8)
Minimum Floor Area
(a)
Residence: 85 square metres (914 ft²)
- In the case of developments with two or more storeys, all finished
development above the first storey shall be included in the total floor area.
(b)
All other uses: to the satisfaction of the Development Officer.
(9)
Maximum Building Height
Principal building: 10 metres (32.8 feet)
Accessory building: 5 metres (16.4 feet)
(10)
Maximum Site Coverage
40% for principal and accessory buildings.
(11)
Regulations Regarding Specific Uses
Page 30 of 52
(a)
The Development Officer may refer applications for development permits
for discretionary uses to the Commission for comment.
(b)
Home occupations may be permitted if:
-
in the opinion of the Development Officer, the dwelling has
adequate floor space and the use conforms to the residential
nature of the dwelling.
-
the occupation is carried on entirely within the building and that no
outside employees are engaged, and
-
the Development Officer attaches the condition that no display of
goods be visible on the premises.
(c)
Minimum parking requirements shall be in accordance with those
regulations prescribed in Sections 24 and 25.
Page 31 of 52
SECTION 43.1
R1A RESIDENTIAL DISTRICT [Bylaw 08/01]
Purpose: The purpose of the R1A Residential district is to provide land for the
development of good quality detached housing.
(1)
Permitted Uses
New single detached houses of conventional construction
Modular homes [Bylaw 10/04]
Parks and playgrounds
Buildings and uses accessory to the above
(2)
Discretionary Uses
[Modular homes deleted by Bylaw 10/04]
Public utility installations
Churches and schools
Home occupations
Swimming pools
Basement suites
Group homes
Before issuing a permit for a discretionary use, the Development Authority may
refer the application to neighbouring landowners or to its planning consultant for
comments and recommendations.
(3)
Minimum Site Requirements
(i)
A residential lot served by a lane shall have a minimum width of 15 metres (50
feet) and a minimum area of 500 m2 (5,382 square feet).
(ii)
A residential lot not served by a lane shall have a minimum width of at least 17
metres (56 feet) and a minimum area of 550 m2 (5,920 square feet).
(iii)
Despite the above, a residential corner lot shall have a minimum width of 17
metres (56 feet) and a minimum area of 600 m2 (6,458 square feet).
(iv)
The minimum width and area of non-residential lots shall be at the discretion of
the Development Authority.
Page 32 of 52
(4)
Minimum Yard Requirements
Front yard:
6 metres (20 feet) [Bylaw 10/04]
Side yard:
1.5 metres (5 feet) except
o
where the site width exceeds 15 metres (50 feet), in
which case the side yard shall be 10% of the width of
the lot, to a maximum of 3 metres (10 feet);
o
where the site is not served by a lane, in which case
one side yard shall be at least 3 metres (10 feet).
Rear yard:
No part of the main building shall be close than 7 metres (23
feet) to the rear property line.
Other;
Accessory buildings shall be located in accordance with Part
6, General Regulations.
(5)
Minimum Floor Area
(i)
The minimum floor area for a residence shall be 98 m2 (1,050 square
feet) excluding attached garages.
(ii)
The minimum floor area for all other uses shall be at the discretion of the
Development Authority.
(6)
Maximum Building Height
(i)
The maximum height of any building on a lot adjacent to Abbey Street on
the south side of Alberta Avenue shall be 6 metres (20 feet), measured
relative to the crown of the road on the adjacent part of Abbey Street.
(ii)
The maximum height of any main building elsewhere is this district shall
be 10 metres above grade.
(iii)
The maximum height of any accessory building in this district shall be 5
metres above grade. In the case of lots adjacent to Abbey Street on the
south side of Alberta Avenue, the grade shall be measured relative to the
crown of the road on the adjacent part of Abbey Street.
(7)
Maximum Site Coverage
The buildings on a lot shall cover no more than 35% of the site area.
Page 33 of 52
(8)
Home Occupations
Home occupations may be allowed if
(i)
in the opinion of the Development Authority, the dwelling has adequate
floor space and the use conforms with the residential nature of the
building, and
(ii)
the occupation is carried on entirely within the building and no outside
employees are engaged, and
(iii)
no goods are displayed or stored outside the building.
(9)
Parking
(i)
A residential lot shall have off-street parking for two vehicles behind the
front of the residence.
(ii)
Minimum parking requirements for other uses shall be as set out in
section 29.
Page 34 of 52
SECTION 43 R.2 RESIDENTIAL DISTRICT
Purpose: The purpose of the R.2 Residential District is to provide land for a variety of
residential developments.
(1)
Permitted Uses
(a)
Single family dwelling units
(b)
Duplexes
(c)
Modular homes [Bylaw 10/04]
(d)
Basement suites
(e)
Parks and playgrounds
(f)
Public utilities installations
(g)
Accessory buildings to the above
(2)
Discretionary Uses
(a)
Apartments
(b)
Row houses
(c)
Moved-in single family dwellings
(d)
Churches and schools
(e)
Home occupations
(f)
Institutional uses
(g)
Manufactured homes, no older than 10 years [Bylaw 10/04]
(h)
Mobile home parks
(i)
Swimming pools
(j)
Group homes
(k)
Bed and Breakfast [Bylaw 04-98]
(3)
Minimum Site Area
(a)
The minimum site area for single family dwelling and mobile home parcels
in this district shall be 420 square metres (4521 ft²). with a minimum
parcel width of 13 metres (42.6 feet).
(b)
The minimum site area for each side of a duplex shall be 325 square
metres (3498 ft²) or 650 square metres (6997 ft²) in total.
(c)
The minimum site area for row houses shall be 230 square metres (2476
ft²) for both interior and corner parcels.
(d)
The minimum site area for apartments shall be 770 square metres (8288
ft²) per site.
Page 35 of 52
(e)
The minimum site area for all other permitted and discretionary uses shall
be to the satisfaction of the Development Officer.
(4)
Minimum Floor Area
(a)
The minimum floor area for a single family dwelling unit in this district shall
be 75 square metres (807.3 ft²), 65 square metres (700 ft²) for a duplex
dwelling unit and row house unit, and 45 square metres (484.4 ft²) for an
apartment dwelling.
(b)
In the case of residences with two or more storeys, all developments
above the first storey shall be included in the total floor area.
(c)
The minimum floor area for all other permitted and discretionary uses
shall be to the satisfaction of the Development Officer.
(5)
Minimum Yard Requirements
(a)
Front Yard: 6 metres (19.7 feet) [Bylaw 10/04]. Landscaping shall be to
the satisfaction of the Development Officer.
(b)
Side Yard: 1.5 metres (4.9 feet) on both sides of the building except
where:
- where in a lane less subdivision, one side yard shall be 1.5
metres (4.9 feet) and the other 3 metres (9.8 feet).
- where on a corner parcel, in accordance with Section 21.
(c)
Rear Yard:
No part of the main building shall be closer than 6 metres
(19.7 feet) to the rear property line.
(d)
Other Yard Requirements:
Accessory buildings shall be located in accordance with the regulations
prescribed in Part Six - General Regulations.
(6)
Maximum Building Height
Principal building: 10 metres (32.8 feet)
Accessory building: 5 metres (16.4 feet)
Page 36 of 52
(7)
Maximum Site Coverage
The maximum site coverage of buildings in this district shall be 40% and 50% for
institutional buildings. In the case of apartment buildings, the development
density shall be restricted by a 50 % maximum building floor/site area ratio.
(8)
Regulations Regarding Specific Uses
(a)
Those regulations prescribed for the R.1 Residential District shall apply to
the R.2 Residential District.
(b)
Minimum parking requirements shall be in accordance with those
regulations prescribed in Part Six - General Regulations.
(c)
A permit may be granted to move a single family dwelling unit or mobile
home into the R.2 district provided that:
-
the Development Officer inspects the building or mobile home or
cause it to be inspected by a person he so appoints at the
applicant's expense;
-
certain works of alteration, repair or maintenance as deemed
necessary by the Development Officer of the building or mobile
home and/or landscaping of the proposed site be carried out as a
condition of the issue of a development permit insuring quality
control;
-
the building or mobile home be placed on a foundation to the
satisfaction of the Development Officer;
-
mobile homes be skirted with approved building materials and
wheels removed.
-
mobile home parks shall be in accordance with Section 22.
(9)
Manufactured Homes [Bylaw 10/04]
A manufactured home shall be placed on a permanent foundation which may be a
concrete grade beam or slab on grade, or a basement of concrete, pressure treated
wood, or other material consistent with the Alberta Building code's requirements for
stick built dwellings. Placement on pilings or gravel pads is not permitted.
Page 37 of 52
SECTION 44 C.1 CENTRAL COMMERCIAL DISTRICT
Purpose: The purpose of the C.1 Central Commercial District is to provide land for the
development of retail land uses in the downtown area.
(1)
Permitted Uses
(a)
Banks
(b)
Personal service shops
(c)
Bakeshops
(d)
Business and professional offices
(e)
Dry cleaners and laundries
(f)
Eating establishments
(g)
Retail stores
(h)
Theatres, halls and hotels
(i)
Post offices
(j)
Wholesaling and warehousing - where the front portion of the building
consisting of not less than 60% of the floor space is used for office space,
and where open storage of goods is not permitted.
(2)
Discretionary Uses
(a)
Residences of any type permitted or discretionary in the R2 district [Bylaw
10/04]
(b)
Utility installations
(c)
Workshops accessory to permitted uses
(d)
Parks
(e)
Private clubs
(f)
Public and quasi-public buildings
(g)
Other appropriate uses as deemed acceptable by the Development
Officer.
(3)
Minimum Site Area
140 square metres (1507 ft²)
(4)
Minimum Lot Width
4.5 metres (14.8 feet)
(5)
Maximum Lot Coverage
90% for all principal and accessory buildings
Page 38 of 52
(6)
Minimum Yard Requirements
(a)
Front Yard: not required;
(b)
Side Yard:
not required, unless abutting residentially owned land, in
which case the side yard shall be at least 2 metres (6.6 feet)
or one half the building height, whichever is the greater;
(c)
Rear Yard:
6 metres (19.7 feet), to provide for loading and waste
disposal, as specified in Part Six - General Regulations.
(7)
Maximum Building Height
Principal Building: 10 metres (32.8 feet)
(6)
Regulations Regarding Specific Uses
(a)
Each lot in this district shall have lane access at the rear or side.
(b)
Loading, parking and signing provisions shall be in accordance with the
regulations prescribed in Part Six - General Regulations.
Page 39 of 52
SECTION 45 C.2 FRINGE COMMERCIAL DISTRICT
Purpose: The purpose of the C.2 General Commercial District is to provide land for
those commercially oriented land uses requiring larger tracts of land for efficient
operation.
(1)
Permitted Uses
(a)
Those uses permitted in the C.1 District
(b)
Wholesale and retail uses
(2)
Discretionary Uses
(a)
Those discretionary uses in the C.1 District
(b)
Car and truck washes
(c)
Moving and cartage companies
(d)
Automotive and machinery sales
(e)
Gasoline service stations
(f)
Bulk oil and gas depots
(g)
Convenience stores
(h)
Other appropriate uses as deemed acceptable by the Development
Officer.
(3)
Minimum Site Area
The minimum site area for all permitted and discretionary uses in this district
shall be 581 square metres (6250 ft²) with the exception of gasoline service
stations, which shall have an area of at least 750 square metres (8073 ft²).
(4)
Minimum Site Width
15 metres (49.2 feet)
(5)
Maximum Lot Coverage
Coverage shall not exceed 75% provided that adequate provision is made for
parking and loading.
(6)
Minimum Yard Requirements
(a)
Front Yard: not required
(b)
Side Yard:
Internal lot none, corner lot 3 metres (9.8 feet)
(c)
Rear Yard:
The minimum rear yard setback shall be 6 metres (19.7
feet).
Page 40 of 52
(7)
Maximum Building Height
10 metres (32.8 feet)
(8)
Regulations Regarding Specific Uses
(a)
Parking, loading, and signing provisions shall be in accordance with the
regulations prescribed in Part Six - General Regulations.
(b)
Special Provisions for Gas/Service Stations shall be as required under
Section 37.
Page 41 of 52
SECTION 46 C.3 HIGHWAY COMMERCIAL DISTRICT
Purpose: The purpose of the C.3 Highway Commercial District is to provide land for the
development of land uses oriented towards the motoring public.
(1)
Permitted Uses
(a)
Gasoline service stations
(b)
Motels and hotels
(c)
Travel bureaus, trailer parks and campsites
(d)
Drive-in restaurants and cafes
(e)
Automotive sales, including truck and farm equipment
(f)
Cabaret and dancing establishments
(2)
Discretionary Uses
(a)
Car washes
(b)
Mobile home sales
(c)
Bowling alleys
(d)
Public parks
(3)
Minimum Site Area
The minimum site area for all permitted and discretionary uses in this district
shall be 1100 square metres (11,480 ft²).
(4)
Minimum Lot Width
30 metres (98.4 feet)
Gasoline/service stations: See Section 37
(4)
Minimum Yard Requirements
Minimum yard requirements shall be as follows, EXCEPT for gasoline/service
stations which shall be as specified in Section 37.
(a)
Front Yard: 7 metres (23 feet)
(b)
Side Yard:
A minimum side yard setback of 3 metres (9.8 feet) is
required. In the event the land is abutting residential land,
any side yard shall be one-half the building height or 3
metres (9.8 feet), which ever is greater.
(c)
Rear Yard:
The minimum rear yard setback shall be 6 metres (19.7
feet).
Page 42 of 52
(5)
Maximum Building Height
10 metres (32.8 feet)
(6)
Regulations Regarding Specific Uses
(a)
Special provisions for drive-in businesses and gasoline service stations
shall be as specified in Sections 36 and 37 respectively.
(b)
Parking, loading, and signing provisions shall be in accordance with the
regulations prescribed in Part Six - General Regulations.
(c)
Any highway commercial operations shall be served by a service road.
Direct highway access shall be allowed on the advice of Alberta
Transportation.
Page 43 of 52
SECTION 47 M - INDUSTRIAL DISTRICT
Purpose: The purpose of the Industrial District is to provide land on which industry of
various forms may locate.
(1)
Permitted Uses
(a)
Heavy and light industrial uses including:
(i)
manufacturing
(ii)
processing
(iii)
repairing
(iv)
storage
(v)
warehousing distributions providing the operation does not create
objectionable conditions respecting:
- noise
- vibrations
- odour
- smoke, dust
-- radiation
- glare
- heat
(b)
Servicing establishments
(c)
Accessory buildings to the above
(2)
Discretionary Uses
(a)
Abattoir
(b)
Auto wreckers
(c)
Bulk fertilizer stations
(d)
Packing plants
(e)
Auction markets
(f)
Veterinary clinics
(g)
Municipal utilities plant
(h)
Parks
(i)
Other uses deemed acceptable by the Development Officer
(3)
Minimum Site Area
700 square metres (7535 ft²)
Page 44 of 52
(4)
Minimum Site Width
23 metres (75.4 feet)
(4)
Minimum Yard Requirements
(a)
Front Yard: 8 metres (26.2 feet)
(b)
Side Yard:
The minimum side yards shall be not less than 6 metres
(19.7 feet) on one side and 2 metres (6.6 feet) on the other
side of the building.
(c)
Rear Yard:
6 metres (19.7 feet)
(5)
Maximum Building Height
The maximum building height in this district shall be 10 metres (32.8 feet),
without approval of the Municipal Fire Chief.
(6)
Regulations Regarding Specific Uses
(a)
Parking, loading, and signing provisions shall be in accordance with the
regulations prescribed in Part Six - General Regulations.
(b)
Burning will be permitted within the Industrial District only if the burning
facilities have been approved by the Fire Chief and Alberta Environment.
(c)
Outdoor storage of materials shall be permitted only when accessory to a
permitted principal use. The area shall be screened to a height deemed
necessary by the Development Officer.
(d)
The entire site and all buildings shall be maintained in a neat and tidy
manner including the trimming and upkeep of landscaped areas, and the
removal of debris and unsightly objects.
(e)
Easements and Rights-Of-Way:
(i)
No building shall be sited closer than 15 metres (49.2 feet) to the
centre line of a pipeline or the centre line of the pipeline right-of-
way, whichever is the lesser.
(ii)
No building shall be closer than 5 metres (16.4 feet) to a railway
right-of-way.
(iii)
No building shall be sited closer than 10 metres (32.8 feet) from the
centre line of a utility within an easement, or closer than 3 metres
Page 45 of 52
(9.8 feet) from the boundary of any easement or right-of-way
containing the utility, whichever is the lesser.
(f)
Each industrial lot shall not have more than two approaches to any
roadway, and shall be laid out having regard to traffic flow and safety, to
the satisfaction of the Development Officer.
Page 46 of 52
SECTION 48 SH - SMALL HOLDINGS DISTRICT
Purpose: The purpose of the SH - Small Holdings District is to provide for single family
residential development in a rural setting.
(1)
Permitted Uses
(a)
Single family dwellings
(b)
Parks and playgrounds
(c)
Accessory buildings to the above
(2)
Discretionary Uses
(a)
Modular units ["and mobile homes" deleted by Bylaw 08/01]
(b)
Public utilities installations
(c)
Churches and schools
(d)
Home occupations
(3)
Minimum Site Area
(a)
Residential use:
0.4 hectares (1.0 acre)
(b)
The minimum site requirements for all other permitted and discretionary
uses shall be to the satisfaction of the Development Officer.
(4)
Minimum Yard Requirements
(a)
From internal roads - one family dwellings and mobile homes:
Front Yard: 10.5 metres (34.4 feet)
Side Yard:
10.5 metres (34.4 feet)
Rear Yard:
7.5 metres (24.6 feet)
(b)
From rural roads:
40 metres (131.2 feet) from the centre line of the road.
(c)
Minimum yard requirements for all other permitted and discretionary uses
shall be to the satisfaction of the Development Officer.
Page 47 of 52
(5)
Regulations Regarding Specific Uses
(a)
Home occupations may be permitted if:
-
in the opinion of the Development Officer, the dwelling has
adequate floor space and the use conforms to the residential
nature of the dwelling.
-
The Development Officer attaches the condition that no display of
goods be visible on the premises.
All permits issued for home occupations shall be subject to the condition
that the permit may be revoked at any time if, in the opinion of the
Development Officer, the use is or has become detrimental to the
amenities of the neighbourhood.
(b)
Minimum parking requirements shall be in accordance with Sections 24
and 25.
(c)
The keeping of domestic pets shall at no time interfere with the general
enjoyment of the residential use of adjoining parcels.
(d)
Livestock operations are strictly prohibited in this district.
Page 48 of 52
SECTION 48.1
SH1 SMALLHOLDING DISTRICT [Bylaw 08/01]
The purpose of the SH1 Smallholding district is to provide land for single detached
residences on larger lots in a semi-rural setting. Because of the size and location of the
lots, they may not be provided with municipal sewer service.
(1)
Permitted uses
New single detached houses of conventional construction
Parks and playgrounds
Buildings and uses accessory to the above
(2)
Discretionary Uses
Modular homes
Public utility installations
Churches and schools
Home occupations
Swimming pools
Before issuing a permit for a discretionary use, the Development Authority may
refer the application to neighbouring landowners or to its planning consultant for
comments and recommendations.
(3)
Minimum Site Requirements
(i)
The minimum area of a residential lot shall be 1,850 square metres (19,913
square feet, about 0.46 acres), and width of at least 30 metres (100 feet), or
such larger size as may be required by provincial regulations for the operation of
a self-contained sewer system.
(ii)
A lot for any other use shall have an area and width to the satisfaction of the
Development Authority.
(4)
Minimum Yard Requirements
(i)
Residences and accessory buildings shall be set back the following distances
from internal roads:
Front yard:
10.5 metres (34.4 feet)
Side yard:
10.5 metres (34.4 feet)
Rear yard:
7.5 metres (24.6 feet)
Page 49 of 52
(ii)
Residences and accessory buildings shall be set back at least 40 metres (131
feet) from the centre line of any primary highway or travelled government road
allowance.
(iii)
Yards and setbacks for all other uses shall be at the discretion of the
Development Authority.
(5)
Minimum Floor Area
(i)
The minimum flor area for a residence shall be 98 m2 (1,050 square feet)
excluding attached garages.
(ii)
The minimum floor area for all other ruses shall be at the discretion of the
Development Authority.
(6)
Maximum Building Height
(i)
The maximum height of any residence shall be 190 metres (30 feet).
(ii)
The maximum height of any other building shall be at the discretion of the
Development Authority.
(7)
Maximum Site Coverage
The buildings on a lot shall not cover more than 20% of the site area.
(8)
Home Occupations
Home occupations may be allowed if
(i)
in the opinion of the Development authority, the dwelling has adequate floor
space and the use conforms with the residential nature of the building, and
(ii)
the occupation is carried on entirely within the building and no outside
employees are engaged, and
(iii)
no goods are displayed or stored outside the building.
(9)
Parking
(i)
A residential lot shall have off-street parking for two vehicles behind the front of
the residence.
(ii)
Minimum parking requirements for other uses shall be as set out in section 29 of
the bylaw.
Page 50 of 52
SECTION 49 US - URBAN SERVICE AND OPEN SPACE
Purpose: The purpose of the Urban Service and Open Space District is to establish a
district in which land is used for public and/or privately owned institutional, recreational
and community service developments.
(1)
Permitted Uses
(a)
Schools
(b)
Religious assemblies
(c)
Public buildings and institutional facilities
(d)
Parks
(e)
Recreational facilities and uses
(2)
Discretionary Uses
(a)
Cemeteries
(b)
Private clubs and lodges
(c)
Hospitals
(d)
Nursing homes
(e)
Child care facilities
(f)
Group care facilities
(g)
Carnivals
(h)
Public utility uses and installations
(i)
Buildings and uses accessory to the above
(j)
Other uses similar in nature to the above as determined by the
Development Officer.
(3)
Minimum Lot Area
930 square metres (10,010 ft²)
(4)
Minimum Lot Width
30 metres (98.4 feet)
(4)
Maximum Lot Coverage
40% for all principal and accessory buildings.
(5)
Minimum Yard Requirements
(a)
Front yard setback: 7 metres (23 feet)
(b)
Side yard setback: 3 metres (9.8 feet)
(c)
Rear yard setback: 3 metres (9.8 feet)
Page 51 of 52
(6)
Maximum Building Height
Three storeys or such height as approved by the Development Officer.
(7)
Regulations Regarding Specific Uses
(a)
Parking shall be provided in accordance with Sections 24 and 25.
Page 52 of 52
SECTION 50 A - AGRICULTURAL DISTRICT
Purpose: The purpose of the Agricultural District is to allow farming operations to
continue until it is desirable to designate the land for urban conversion.
(1)
Permitted Uses
(a)
Agriculture and horticulture, excluding any intensive animal operations
(b)
Single family dwelling units
(2)
Discretionary Uses
Such interim uses that will not impede the eventual conversion of land to normal
urban use.
(3)
Minimum Site Area
The minimum site area for a lot in this district shall be 32 hectares (80 acres) or
such smaller size of parcels as existed prior to this bylaw.
(4)
Minimum Yard Requirements
(a)
Front Yard: 6 metres (19.7 feet)
(b)
Side Yard:
3 metres (9.8 feet)
(5)
Maximum Building Height
The maximum building height shall be 10 metres (32.8 feet) except in the case of
buildings or structures accessory to a farm operation other than dwellings.
(6)
Other Requirements
(a)
The keeping of livestock, fowl or fur-bearing animals will be at the
discretion of the Development Officer but such discretion shall not be
unreasonably withheld.
(b)
All development shall be located in such a manner as to not make future
urban growth unnecessarily difficult or expensive.