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Village of Boyle
Land Use Bylaw
Bylaw 04-23
TABLE OF CONTENTS
PART 1:
GENERAL
1
SECTION 1.1
TITLE
1
SECTION 1.2
PURPOSE
1
SECTION 1.3
AUTHORITY
1
SECTION 1.4
APPLICABILITY
1
SECTION 1.5
EFFECTIVE DATE
2
SECTION 1.6
COMPLIANCE WITH OTHER LEGISLATURE
2
SECTION 1.7
INTERPRETATION
2
PART 2:
ADMINISTRATION AND PROCEDURE
4
SECTION 2.1
DEVELOPMENT AUTHORITY
4
SECTION 2.2
ROLE OF MUNICIPAL PLANNING COMMISSION
4
SECTION 2.3
ROLE OF THE DEVELOPMENT OFFICER
4
SECTION 2.4
VARIANCE POWERS
5
SECTION 2.5
SUBDIVISION AUTHORITY
6
SECTION 2.6
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
6
PART 3:
DEVELOPMENT PERMITS
7
SECTION 3.1
DEVELOPMENT REQUIRING A DEVELOPMENT PERMIT
7
SECTION 3.2
NON-CONFORMING BUILDINGS AND USES
7
SECTION 3.3
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
7
PART 4:
DEVELOPMENT PERMIT APPLICATION AND
PROCEDURES
10
SECTION 4.1
DEVELOPMENT PERMIT APPLICATION
10
SECTION 4.2
DEVELOPMENT PERMIT APPLICATION COMPLETENESS
12
SECTION 4.3
INTERMUNICIPAL AND OTHER REFERRALS
14
SECTION 4.4
DECISIONS ON DEVELOPMENT PERMITS
14
SECTION 4.5
NOTICE OF APPLICATION
14
SECTION 4.6
NOTICE OF DECISION
15
SECTION 4.7
PERMITTED USE APPLICATIONS
15
SECTION 4.8
DISCRETIONARY USE APPLICATIONS
16
SECTION 4.9
SIMILAR USE
16
SECTION 4.10
VALIDITY OF A DEVELOPMENT PERMIT
16
SECTION 4.11
CONDITIONS OF DEVELOPMENT PERMIT
17
SECTION 4.12
RELEASE OF DEVELOPMENT PERMIT
18
SECTION 4.13
APPEALS PROCEDURE
18
SECTION 4.14
REPEAT APPLICATIONS
19
SECTION 4.15
CHANGES TO AN APPROVED DEVELOPMENT PERMIT
19
SECTION 4.16
REVOKING OR SUSPENDING A DEVELOPMENT PERMIT
20
PART 5:
SUBDIVISION APPLICATION AND PROCEDURES
21
SECTION 5.1
SUBDIVISION APPLICATION REQUIREMENTS
21
SECTION 5.2
SUBDIVISION APPLICATION COMPLETENESS
21
SECTION 5.3
CIRCULATION AND REFERRALS
22
SECTION 5.4
DECISIONS ON SUBDIVISION
22
SECTION 5.5
NOTICE OF DECISION
23
SECTION 5.6
SUBDIVISION APPEALS
23
SECTION 5.7
SUBDIVISION TIME EXTENSION
23
SECTION 5.8
REVOKING OR SUSPENDING SUBDIVISION
23
PART 6:
DEVELOPMENT REQUIREMENTS APPLICABLE TO
ALL DISTRICTS
24
SECTION 6.1
CORNER PARCEL
24
SECTION 6.2
DEMOLITION AND REMOVAL OF BUILDINGS
24
SECTION 6.3
FENCES
25
SECTION 6.4
LANDSCAPING
25
SECTION 6.5
MIXED USE BUILDINGS
26
SECTION 6.6
MODULAR CONSTRUCTION
26
SECTION 6.7
MULTI-BUILDING DEVELOPMENT
26
SECTION 6.8
DRIVEWAYS AND ACCESSES
27
SECTION 6.9
PARKING AREAS, PARKING STALLS AND LOADING STALLS
27
SECTION 6.10
PROJECTIONS
33
SECTION 6.11
RAISING OF LIVESTOCK
33
SECTION 6.12
RELOCATION OF BUILDINGS AND STRUCTURES
33
SECTION 6.13
SCREENING AND BUFFERING
34
SECTION 6.14
SERVICING REQUIREMENTS
34
SECTION 6.15
WASTE CONTAINERS
34
PART 7:
USE SPECIFIC REGULATIONS
35
SECTION 7.1
GENERAL REGULATIONS APPLICABLE TO ALL USES
35
SECTION 7.2
ACCESSORY BUILDING
35
SECTION 7.3
APARTMENT
36
SECTION 7.4
BED AND BREAKFAST
36
SECTION 7.5
DAY HOME
37
SECTION 7.6
HOME OCCUPATION
37
SECTION 7.7
MANUFACTURED DWELLING
38
SECTION 7.8
SECONDARY SUITE AND BACKYARD SUITE
38
SECTION 7.9
ABATTOIR
39
SECTION 7.10
BREWERY, WINERY OR DISTILLERY
39
SECTION 7.11
CANNABIS STORE
39
SECTION 7.12
CANNABIS GROW OPERATION
40
SECTION 7.13
CAR WASH
40
SECTION 7.14
DRIVE-THROUGH EATING AND DRINKING ESTABLISHMENT
41
SECTION 7.15
LIQUOR STORE
41
SECTION 7.16
OUTDOOR STORAGE
41
SECTION 7.17
SERVICE STATION AND BULK FUEL SALES
41
PART 8:
LAND USE DISTRICTS
42
SECTION 8.1
LAND USE DISTRICTS
42
SECTION 8.2
R1 - LOW-DENSITY RESIDENTIAL DISTRICT
43
SECTION 8.3
R2 - RESIDENTIAL DISTRICT
45
SECTION 8.4
RM - RESIDENTIAL MODIFIED DISTRICT
47
SECTION 8.5
RMHP - RESIDENTIAL MANUFACTURED HOME PARK DISTRICT 49
SECTION 8.6
RE - RESIDENTIAL ESTATE DISTRICT
51
SECTION 8.7
C1 - COMMERCIAL DISTRICT
52
SECTION 8.8
DTC - DOWNTOWN CORE DISTRICT
54
SECTION 8.9
IND - INDUSTRIAL DISTRICT
57
SECTION 8.10
I - INSTITUTIONAL DISTRICT
59
SECTION 8.11
UR - URBAN RESERVE DISTRICT
60
PART 9:
SIGNS
61
SECTION 9.1
SIGNS NOT REQUIRING A DEVELOPMENT PERMIT
61
SECTION 9.2
APPLICATION FOR SIGNS
62
SECTION 9.3
GENERAL SIGN PROVISIONS
62
SECTION 9.4
FASCIA SIGN
63
SECTION 9.5
FREESTANDING SIGN
64
SECTION 9.6
MARQUEE OR CANOPY SIGN
64
SECTION 9.7
MURAL SIGN
65
SECTION 9.8
MONUMENT SIGN
65
SECTION 9.9
PORTABLE SIGN
65
SECTION 9.10
PROJECTING SIGN
66
SECTION 9.11
WINDOW SIGN
66
PART 10: COMPLIANCE AND ENFORCEMENT
67
SECTION 10.1
GENERAL PROVISIONS
67
SECTION 10.2
RIGHT OF ENTRY
67
SECTION 10.3
OFFENCES
68
SECTION 10.4
VIOLATION TICIKETS
68
PART 11: BYLAW AMENDMENT
69
SECTION 11.1
INITIATING AN AMENDMENT
69
SECTION 11.2
APPLICATION FOR AN AMENDMENT
69
SECTION 11.3
PROCESSING A BYLAW AMENDMENT
70
PART 12: DEFINITIONS
72
APPENDICES
Appendix A Land Use Maps
Village of Boyle Land Use Bylaw
General | 1
PART 1:
GENERAL
SECTION 1.1
TITLE
1.1.1 This Bylaw is titled the Village of Boyle Land Use Bylaw and is referenced as
"Bylaw" in the text herein.
SECTION 1.2
PURPOSE
1.2.1 The purpose of this Bylaw is to regulate and control the use and
development of land and buildings within the Village of Boyle.
1.2.2 This Bylaw is consistent with the Village of Boyle Municipal Development Plan.
1.2.3 This Bylaw:
a.
Establishes the Development Authority;
b.
Divides the Village into districts and the purpose for each district;
c.
Outlines permitted and discretionary uses for each district;
d.
Prescribes the regulations by which land and buildings may be
developed and/or used;
e.
Establishes the method of making decisions on applications for
development and subdivision;
f.
Establishes the manner that the notice of decision on development
permit applications or subdivision is given;
g.
Establishes the method of appealing decisions of the Development
Authority and Subdivision Authority; and
h.
Describes the procedure by which amendments can be made to this
Bylaw.
SECTION 1.3
AUTHORITY
1.3.1 The Village of Boyle, hereby known as "the Village", is authorized under the
MGA, as amended, to adopt this Bylaw.
1.3.2 All development within the Village must conform to the regulations of this
Bylaw.
SECTION 1.4
APPLICABILITY
1.4.1 This Bylaw shall apply to all lands contained within the Village municipal
boundary.
Village of Boyle Land Use Bylaw
General | 2
1.4.2 Applications for development and subdivision approval received before the
date this Bylaw came into effect shall be processed in accordance with the
Village of Boyle Land Use Bylaw 2002.
SECTION 1.5
EFFECTIVE DATE
1.5.1 This Bylaw shall come into effect upon third and final reading.
SECTION 1.6
COMPLIANCE WITH OTHER LEGISLATURE
1.6.1 Any applicant applying for, or in possession of a development permit or
subdivision approval is not exempt from complying with, or carrying out
development in accordance with:
a.
Municipal Government Act, RSA 2000 c.M-26, as amended;
b.
Alberta Safety Codes Act, RSA 2000, and related regulations;
c.
municipal Statutory Plans and Intermunicipal Agreements;
d.
municipal Bylaws;
e.
the conditions of any caveat, covenant, easement, or other
instrument affecting a building or land; or
f.
the requirements of any other federal, provincial or municipal
legislation, regulation, or Act.
1.6.2 In exercising its authority under this Bylaw, the Development Authority
shall comply with all federal, provincial or municipal legislation, regulation, or
Act.
1.6.3 In the case of any conflict between the provisions of this Bylaw and any other
municipal Bylaw or regulation, this Bylaw shall govern.
SECTION 1.7
INTERPRETATION
1.7.1 For the purpose of this Bylaw:
a.
"shall", "will" and "must" require mandatory compliance except where
a variance has been granted pursuant to this Bylaw;
b.
"should" is not mandatory but is expected to be followed, but allows
for alternative actions to be taken, or if the action is unreasonable or
unable to be followed; and
c.
"may" is interpreted as optional.
1.7.2 Where a regulation involves two or more conditions, connected by a
conjunction, the following shall apply:
Village of Boyle Land Use Bylaw
General | 3
a.
"and" means all the connected items shall apply in combination; and
b.
"or" means that the connected items may apply singly or in
combination.
1.7.3 Words, phrases, and terms not defined in this Land Use Bylaw may be given
their definition in the MGA, Subdivision and Development Regulation or the
Alberta Building Code. Other words shall be given their usual and customary
meaning.
1.7.4 Words used in the singular shall also mean the plural and vice versa.
1.7.5 Words that are capitalized and bold denote uses defined in Part 12.
1.7.6 Words that are italicized and bold denote terms defined in Part 12.
1.7.7 In the case of any conflict between the text of this Bylaw and any diagram or
map used to illustrate any aspect of this Bylaw, the text shall govern.
1.7.8 The standard measurement used within this Bylaw is metric. Any reference to
imperial measurement is approximate and for convenience only. In the case
of any discrepancy between the metric and imperial measurement, the metric
measurement shall prevail.
Village of Boyle Land Use Bylaw
Administration and Procedure | 4
PART 2:
ADMINISTRATION AND
PROCEDURE
SECTION 2.1
DEVELOPMENT AUTHORITY
2.1.1 The Development Authority is established herein pursuant to the MGA and
is a person who is authorized to exercise development powers and duties on
behalf of the Village. The Development Authority shall be:
a. the Development Officer of the Village, and/or
b. the Municipal Planning Commission.
2.1.2 The Development Officer shall be the Chief Administrative Officer for the
Village of Boyle and any other person appointed by Council.
2.1.3 If the decision on a development permit application is to be made by the
Development Officer, the term Development Authority shall refer to the
Development Officer.
2.1.4 If the decision on a development permit application is to be made by the
Municipal Planning Commission, the term Development Authority shall
refer to the Municipal Planning Commission.
2.1.5 The Development Authority must consider the Village's statutory plans and
Bylaws, and comply with such plans where applicable when considering a
development permit application.
SECTION 2.2
ROLE OF MUNICIPAL PLANNING COMMISSION
2.2.1 The Municipal Planning Commission is hereby given the authority to
receive, consider, and render decisions on development permit applications
referred to it by the Development Officer.
SECTION 2.3
ROLE OF THE DEVELOPMENT OFFICER
2.3.1 The Development Officer is authorized to act as Development Authority
in matters prescribed in this Bylaw.
2.3.2 The Development Officer shall:
a.
keep and maintain for the inspection by the public, a copy of this
Bylaw and all amendments thereto;
b.
keep a register of all development permit applications, and the
decisions in relation to those applications;
Village of Boyle Land Use Bylaw
Administration and Procedure | 5
c.
review applications for development permits, and establish
conditions specific to each development permit approval, for uses
in a district that comply with the regulations for that district;
d.
provide reasons for those development permit applications for
which the Development Officer renders a decision to refuse an
application;
e.
refer to the Municipal Planning Commission, with
recommendations, a development permit for a discretionary use;
f.
refer to the Municipal Planning Commission, with
recommendations, a development permit requesting a variance in
excess of the Development Officer's authority for consideration and
decision;
g.
refer to the Municipal Planning Commission, at the Development
Officer's discretion, any development permit application which in
their opinion should be decided by the Municipal Planning
Commission;
h.
refer an application for development permit, at the Development
Officer's discretion, to any municipal, provincial, and federal
department or other agency for comment; and
i.
provide a notice of decision on a development permit application in
accordance with this Bylaw.
SECTION 2.4
VARIANCE POWERS
2.4.1 In considering a development permit application, the Development
Officer may grant a variance of up to 10% in residential districts for
residential uses (any use that comprises a dwelling unit, not including a
mixed-use building) where the variance is requested for:
a.
maximum building height;
b.
minimum front yard setback;
c.
minimum rear yard setback;
d.
minimum side yard setback;
e.
minimum landscaping;
f.
maximum parcel coverage; or
g.
minimum parking stall requirements.
Village of Boyle Land Use Bylaw
Administration and Procedure | 6
2.4.2 Notwithstanding Subsection 2.4.1, the variance powers of the Development
Officer shall be limited to one variance per development permit
application. Applications with multiple variances must be considered by the
Municipal Planning Commission.
2.4.3 The Development Officer or Municipal Planning Commission may
approve a variance where in the opinion of the Development Authority,
the proposed development:
a.
would not unduly interfere with the amenities of the neighbourhood,
b.
materially interfere with or affect the use, enjoyment, or value of
neighbouring parcels; and
c.
conforms with a use prescribed for the parcel by this Bylaw.
2.4.4 The Municipal Planning Commission is not restricted by the variance
limitations described in Subsection 2.4.1 or 2.4.2.
2.4.5 In reviewing a development permit application for a variance or a
discretionary use, the Development Authority shall have regard to:
a.
the purpose and intent of the applicable district;
b.
any Bylaws or statutory plan adopted by the Village;
c.
the purpose and intent of any other plan and pertinent policy adopted
by the Village, and
d.
the circumstances and merits of the development permit application,
including constraints of the site.
2.4.6 If a variance is granted, the Development Authority shall specify the
nature and details of the variance in the development permit.
SECTION 2.5
SUBDIVISION AUTHORITY
2.5.1 The Subdivision Authority shall be as established by the Subdivision
Authority Bylaw and will act on behalf of Council in those matters delegated
to it by this Bylaw and the Subdivision Authority Bylaw.
SECTION 2.6
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
2.6.1 The powers, duties and responsibilities of the Subdivision and
Development Appeal Board are established in the Subdivision and
Development Appeal Board Bylaw.
Village of Boyle Land Use Bylaw
Development Permits | 7
PART 3:
DEVELOPMENT PERMITS
SECTION 3.1
DEVELOPMENT REQUIRING A DEVELOPMENT PERMIT
3.1.1 Unless expressly stated otherwise in this Bylaw, the approval of a
development permit application and release of a development permit
must be obtained before development can commence.
3.1.2 Except as provided in this Bylaw, no person shall undertake any
development unless:
a. a development permit has been approved and released pursuant to
this Bylaw; and
b. the development proceeds in accordance with the terms and
conditions of the development permit; or
c. the development is exempted from the requirement for a
development permit in accordance with SECTION 3.3 and is
otherwise in conformance with this Bylaw.
SECTION 3.2
NON-CONFORMING BUILDINGS AND USES
3.2.1 The regulation of non-conforming buildings and non-conforming uses
shall be in accordance with the MGA.
SECTION 3.3
DEVELOPMENT NOT REQUIRING A DEVELOPMENT
PERMIT
3.3.1 The following developments shall not require a development permit
provided that the development otherwise complies with the provisions of
this Bylaw, does not require a variance and meets the following qualifications
for exception, or is exempted by provincial or federal legislation:
Development
Qualifications for Exception to Development Permit
a) Accessory Building
Provided the gross floor area is less than 10.0 m² in
area; and
the building complies with the setback requirements
for the district in which they are located.
b) Aerodrome
Provided the use directly relates to the function of the
Aerodrome and is regulated by the Aeronautics Act,
RSC 1985 c.A-2.
Village of Boyle Land Use Bylaw
Development Permits | 8
Development
Qualifications for Exception to Development Permit
c)
Completion of a Building
which was lawfully under
construction at the date
of the adoption of this
Bylaw
Provided the building is constructed and completed
in accordance with the terms of any permit granted;
Provided the use of any such buildings is for the
purpose for which construction was commenced; and
Meets the conditions of that permit.
d) Change of use of a
building or structure,
other than a non-
conforming use or non-
conforming building
Provided that the requirements of any development
permit for the existing building are fulfilled; and
The proposed change of use is from a permitted use
or discretionary use to a permitted use in the
district.
e) Deck, Patio, Balcony
Provided the height of the structure is less than
0.6m from grade;
Is unenclosed; and
Is entirely located on private property.
f)
Demolition or removal of
a building
Provided that the gross floor area of the building is
less than 10.0m²
g) Excavation, soil
importing, soil
removal, or stockpiling
Provided the development is associated with
development with an approved development
permit or Subdivision Servicing Agreement.
h) Fences, Gates or Walls
Provided fences, gates or walls are:
o
Less than 1.0 m in height from grade in front
yards; and
o
Less than 1.85 m in height from grade in side and
rear yards.
i)
Home Office
Provided the use does not fall within the definition of
a Home Occupation.
j)
Landscaping
Provided the use is entirely on private property; and
Does not alter the existing grade or natural surface
drainage patterns.
k) Maintenance,
Renovation and Repair
Provided that such works do not include structural
alterations; and
Do not change the use or intensity of the use.
Village of Boyle Land Use Bylaw
Development Permits | 9
Development
Qualifications for Exception to Development Permit
l)
Public works, services,
and Utilities
Provided the development is for the construction,
alteration, maintenance, or repair of a public roadway,
pathway or trail; or
Where development is carried out by or on behalf of
federal, provincial, or municipal public authorities.
m) Sign
Where described as exempt in SECTION 9.1.
n) Urban Agriculture
Provided the development is not for commercial
purposes; and
Provided there are no permanent buildings or
structures associated with urban agriculture.
Village of Boyle Land Use Bylaw
Development Permit Application | 10
PART 4:
DEVELOPMENT PERMIT
APPLICATION AND
PROCEDURES
SECTION 4.1
DEVELOPMENT
PERMIT
APPLICATION
4.1.1 An application for a
development permit shall
be made to the Development
Authority in writing in the
form prescribed by the
Development Authority.
4.1.2 An application for a
development permit shall
include:
a. a completed application
form signed by the
registered owner of
the subject property,
and the applicant or
the applicant's
agent(s);
b. an application fee;
c. a current copy of the
Certificate of Title(s)
(within 30 days of the
application submission
date); and
d. current copies of any restrictive covenants, caveats or easements
registered on the Certificate of Title (within 30 days of the application
submission date).
4.1.3 At the discretion of the Development Authority, an application for a
development permit may also require:
Village of Boyle Land Use Bylaw
Development Permit Application | 11
a. a site plan demonstrating the following elements:
i.
Scale of 1:200 scale or other standard metric scales;
ii.
Legal description and municipal address;
iii.
North arrow;
iv.
Property lines and dimensions;
v.
Setbacks and dimensions for front, side and rear yards;
vi.
Layout and dimensions for existing accesses and parking area,
with existing and proposed accesses abutting roads and lanes,
labelled;
vii.
Landscaped areas;
viii.
Where applicable, other clearly marked site features including but
not limited to:
i.
proposed parking and loading facilities;
ii. drive aisles;
iii.
fences/retaining walls;
iv. storage areas;
v.
waste and recycling facilities;
vi. septic tanks;
vii. sign locations; and
viii. culverts and crossings.
b. a landscaping plan including but not limited to:
i.
Percentage of parcel area composed of landscaping;
ii.
Location and number of trees and shrubs; and
iii.
Proposed tree and shrub species.
c. a description of proposed uses relating to the development;
d. building floor plan including:
i.
Proposed uses;
ii.
Total gross floor area; and
iii.
Building dimensions.
e. elevation drawings showing height and including details of finishing
materials, colours and proposed signage; and
Village of Boyle Land Use Bylaw
Development Permit Application | 12
f.
photographs of the site's current condition.
4.1.4 The Development Authority may require additional information to review
and properly evaluate a proposed development including but not limited to:
a. Copies of any provincial, or federal approvals, licenses or permits;
b. Biophysical Assessment;
c. Construction Fire Safety Plan;
d. Environmental Impact Assessment;
e. Grading Plan;
f.
Lighting Plan;
g. Noise Attenuation Study;
h. Parking Study;
i.
Plot Plan (prepared by an Alberta Land Surveyor);
j.
Remediation Plan;
k. Risk Assessment;
l.
Site Servicing plan;
m. Traffic Impact Assessment; and/or
n. Any other information deemed necessary by the Development
Authority.
4.1.5 Technical studies, plans, or assessments requested by the Development
Authority must be prepared by registered professionals qualified in their
respective fields and shall include certification by the professional who
prepared the document.
SECTION 4.2
DEVELOPMENT PERMIT APPLICATION COMPLETENESS
4.2.1 An application for a development permit shall not be considered complete
until such time as the requirements of SECTION 4.1 have been met to the
satisfaction of the Development Authority.
4.2.2 The sufficiency and quality of information and documentation for
requirements for a development permit application in SECTION 4.1 shall be
at the discretion of the Development Authority.
4.2.3 In reviewing a development permit application for completeness, the
Development Authority may:
Village of Boyle Land Use Bylaw
Development Permit Application | 13
a. determine the application complete, or
b. deem the application incomplete until all details have been submitted.
4.2.4 The Development Authority shall determine whether the application is
complete within 20 days after the receipt of an application for a
development permit.
4.2.5 The Development Authority and applicant, through an agreement in
writing, may extend the timeframe for the Development Authority to
determine whether the development permit application is complete as per
Subsection 4.2.4.
4.2.6 If deemed complete, the Development Authority must issue to the
applicant a Notice of Completeness of a development permit application in
writing by regular mail or electronic mail acknowledging that the application is
complete.
4.2.7 The Notice of Completeness shall specify:
a. the date on which the application was deemed complete;
b. the type of development;
c. the legal land description; and
d. the applicant's name.
4.2.8 If deemed incomplete, the Development Authority must issue to the
applicant a Notice of Incompleteness of a development permit in writing by
regular mail or electronic mail within the time period identified in
Subsection 4.2.4.
4.2.9 The Notice of Incompleteness for a development permit shall:
a. specify the reasons why the application has been determined
incomplete; and
b. set date by which all outstanding information and documents must be
submitted.
4.2.10If the applicant fails to submit all the outstanding information and
documents of an incomplete development permit on or before the date
established through the Notice of Incompleteness in Subsection 4.2.8, the
Development Authority may:
a. through an agreement in writing, extend the timeframe to receive the
outstanding information and documents required to deem the
application is complete; or
b. refuse the application for incompleteness.
Village of Boyle Land Use Bylaw
Development Permit Application | 14
4.2.11If the Development Authority fails to issue a Notice of Completeness or a
Notice of Incompleteness to the Applicant within 20 days after the receipt of
an application, the development permit application is deemed to be
complete.
4.2.12Despite issuing a Notice of Completeness, or where an application is deemed
to be complete, the Development Authority may at any time request
additional information or documentation that they consider necessary to
review the development permit application.
SECTION 4.3
INTERMUNICIPAL AND OTHER REFERRALS
4.3.1 Development permit applications that meet the requirements for referral
under the Village of Boyle Municipal Development Plan or other municipal
Statutory Plans shall be referred, once deemed complete, to the Athabasca
County Chief Administrative Officer, or designated authority.
4.3.2 The Development Authority shall give consideration to any
recommendations or comments received from Athabasca County in making a
decision on a development permit application.
4.3.3 The Development Authority may refer a Development Permit application
to any Village department, municipal, provincial, federal department or any
other agency or body.
SECTION 4.4
DECISIONS ON DEVELOPMENT PERMITS
4.4.1 The Development Authority must make a decision on an application for a
development permit within 40 days after the application has been deemed
complete.
4.4.2 The Development Authority and applicant, through an agreement in
writing, may extend the timeframe to issue a decision on a development
permit.
4.4.3 If the Development Authority does not issue a Notice of Decision within 40
days following the submission of a development permit, and no extension
has been agreed to with the applicant, the applicant may deem the
application to be refused.
SECTION 4.5
NOTICE OF APPLICATION
4.5.1 Prior to making a decision on an application for a development permit for a
discretionary use or variance application, the Development Authority
shall provide a Notice of Application by:
a. letter, mailed to adjacent landowners; and
Village of Boyle Land Use Bylaw
Development Permit Application | 15
b. posting a notice on the property where the development is proposed,
in the form of temporary signage.
4.5.2 The Notice of Application for a development permit shall describe:
a. the proposed use;
b. legal description and municipal address;
c. if the use is a permitted use or discretionary use;
d. if the development requests a variance, the variance requested;
e. methods to provide feedback; and
f.
a deadline for feedback to be submitted for consideration.
SECTION 4.6
NOTICE OF DECISION
4.6.1 Following a decision on a development permit, the Development
Authority shall issue a Notice of Decision to the applicant in writing and
include:
a. the decision made by the Development Authority;
b. the date on which the decision was made;
c. the applicable appeal body;
d. the deadline for appeal; and
e. any conditions.
4.6.2 When an application for a development permit is refused, the
Development Authority shall include in the Notice of Decision the reasons
for refusal.
4.6.3 The Development Authority shall mail copies of a Notice of Decision for an
approved development permit for a discretionary use or an approved
development permit with a variance to adjacent landowners.
4.6.4 The Development Authority may advertise a Notice of Decision in the local
newspaper and/or on the Village website.
SECTION 4.7
PERMITTED USE APPLICATIONS
4.7.1 The Development Authority must approve a development permit
application for a permitted use that conforms to the provisions of this Bylaw,
with or without conditions as provided for in this Bylaw.
4.7.2 If a development permit application for a permitted use does not conform
to all provisions of this Bylaw, the Development Authority may:
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a. grant a variance to approve the application, with or without
conditions;
b. require that the use or building conform to the provisions of this Bylaw;
or
c. refuse the application.
SECTION 4.8
DISCRETIONARY USE APPLICATIONS
4.8.1 In issuing a decision for a development permit for a discretionary use,
the Development Authority may:
a. approve the application, with or without conditions; or
b. refuse the application stating reasons.
4.8.2 If a development permit application for a discretionary use does not
conform to all provisions of this Bylaw, the Development Authority may:
a. grant a variance to approve the application with or without conditions;
b. require that the use or building conform to the provisions of this Bylaw;
or
c. refuse the application.
SECTION 4.9
SIMILAR USE
4.9.1 In situations where an application for development does not align with any
of the uses described in this Bylaw for the applicable district, the
Development Authority may determine that the use is similar to another
use defined in this Bylaw.
4.9.2 Similar uses shall only be allowed in a district where the proposed use is
similar to a listed permitted use or discretionary use in that district.
4.9.3 Similar uses shall be subject to the same regulations as the use they are
similar to.
4.9.4 Where a use has been interpreted as similar to a discretionary use the
Development Officer shall:
a. refer the application to the Municipal Planning Commission; and
b. notify adjacent landowners subject to SECTION 4.5.
SECTION 4.10 VALIDITY OF A DEVELOPMENT PERMIT
4.10.1An approved development permit shall be required to commence
construction within one year of the date of approval.
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4.10.2Where construction has not commenced within one year from the date of
approval, the development permit shall be considered to have lapsed,
unless the applicant has been granted an extension by the Development
Authority in writing.
4.10.3Unless stated otherwise in the Notice of Decision, conditions associated with
an approved development permit shall be required to be completed within 1
year of a decision.
4.10.4Unless stated otherwise in the Notice of Decision, in situations where
conditions are not met within one year of decision, the development permit
shall be considered to have lapsed, unless the applicant has been granted an
extension in writing by the Development Authority.
4.10.5An approved development must be completed to the satisfaction of the
Development Authority within two years following the commencement of
construction unless the applicant is granted a time extension in writing by
the Development Authority.
4.10.6Notwithstanding Subsection 4.10.5, the Development Authority may grant
an extension to the time to complete an approved development for up to a
maximum of one year.
4.10.7If construction has been discontinued for a period of one year, the
development permit shall be considered to have lapsed.
SECTION 4.11 CONDITIONS OF DEVELOPMENT PERMIT
4.11.1The Development Authority may approve a development permit with
conditions:
a. to uphold the intent and objectives of the Municipal Development Plan
and any other statutory plans under preparation or adopted by the
Village;
b. to conform to the applicable provisions of this Bylaw;
c. to require securities that ensure the performance of conditions imposed
on the development permit by this Bylaw;
d. The Development Authority, in imposing conditions on a
development permit may:
i.
For a permitted use, impose conditions only to ensure
compliance with this Bylaw, or
ii.
For a permitted use with a variance or a discretionary use
with or without a variance, impose conditions as deemed
appropriate, so long as they serve a legitimate planning objective
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and do not sub-delegate the Development Authority's
discretionary powers; and
e. any other conditions the Development Authority may deem
necessary.
4.11.2As a condition of development permit approval, the Development
Authority may require that the applicant enter into a Development
Agreement with the Village to construct or pay for any of the following:
a. the installation of utilities that are needed to serve the development
b. the construction of a roadway required to access the development;
c. any offsite levy;
d. any new road furniture, curbing, sidewalk or landscaping which may
be damaged or destroyed by the development or building
operations; and
e. the reparation or reinstatement of original or improved conditions of
any existing public road furniture, curbing, sidewalk or landscaping
which may be damaged or destroyed by the development or building
operations;
f.
securities to ensure that the Development Agreement has been carried
out;
g. the completion of reports and studies; and
h. any other matters the Development Authority considers appropriate.
4.11.3The Village may register a caveat against the property being developed to
ensure compliance with the Development Agreement, which shall be
discharged when the Development Agreement has been complied with.
SECTION 4.12 RELEASE OF DEVELOPMENT PERMIT
4.12.1To allow adequate time for appeals, the Development Authority shall not
release a development permit until 21 days after issuance of the Notice of
Decision.
4.12.2If no appeal is received within 21 days, the Development Authority shall
release the development permit.
SECTION 4.13 APPEALS PROCEDURE
4.13.1If an appeal is received within 21 days after issuance of the Notice of
Decision, the Development Authority shall not release the development
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permit until a decision is made by the Subdivision and Development
Appeal Board or the Land and Property Rights Tribunal.
4.13.2The development permit appeal process shall be in accordance with the
MGA, and the Subdivision and Development Appeal Board Bylaw, as
amended, or the Land and Property Rights Tribunal Act, as applicable.
SECTION 4.14 REPEAT APPLICATIONS
4.14.1Where a development permit has been refused by the Development
Authority or the Subdivision and Development Appeal Board or the
Land and Property Rights Tribunal, the submission of another application
for a development permit on the same parcel of land for the same use will
not be accepted by the Development Authority for up to 6 months after the
date of refusal.
4.14.2Notwithstanding SECTION 4.15.1, at the discretion of the Development
Authority, an application for a development permit may be accepted
within 6 months of the date of refusal.
4.14.3If a development permit decision is under appeal the submission of another
application for the same use or similar use or development on the same
parcel shall not be accepted.
SECTION 4.15 CHANGES TO AN APPROVED DEVELOPMENT PERMIT
4.15.1Where an amendment to an approved development permit is required as a
result of a change in the proposed development, the person in whose name
the development permit was issued may request an amendment to the
approved development permit.
4.15.2Applications for amendments to an approved development permit may
require updated or new submissions, as described in SECTION 4.1, at the
discretion of the Development Authority and updated or new notice of the
application to be provided, as described in SECTION 4.3.
4.15.3In considering proposed amendments to an approved development permit,
the Development Authority:
a. shall require amendments to comply with the requirements of the
current Bylaw, unless a variance is granted by the Development
Authority in accordance with the Bylaw; and
b. may amend existing variances or conditions.
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SECTION 4.16 REVOKING OR SUSPENDING A DEVELOPMENT PERMIT
4.16.1The Development Authority may cancel, suspend, or modify a
development permit by written notice to the holder of the development
permit when, after a development permit has been issued, the
Development Authority becomes aware of one of the following
circumstances:
a. the development permit application contained a misrepresentation;
b. facts concerning the development permit application or the
development were not disclosed which should have been disclosed at
the time the application was considered;
c. the development permit was issued in error; or
d. the owner requests cancellation of the development permit in
writing.
4.16.2A person whose development permit is cancelled, suspended, or modified
may appeal to the Subdivision and Development Appeal Board or the
Land and Property Rights Tribunal in accordance with the MGA.
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PART 5:
SUBDIVISION APPLICATION
AND PROCEDURES
SECTION 5.1
SUBDIVISION APPLICATION REQUIREMENTS
5.1.1 An application proposing to subdivide land shall be in accordance with the
MGA and the Matters Related to Subdivision and Development Regulation, as
amended.
SECTION 5.2
SUBDIVISION APPLICATION COMPLETENESS
5.2.1 The Subdivision Authority must determine if the subdivision application is
complete within 20 days of the receipt of an application for subdivision.
5.2.2 After reviewing a subdivision application for completeness, the Subdivision
Authority shall:
a. determine the application is complete and provide Notice of
Completeness to the applicant; or
b. deem the application incomplete and provide a Notice of
Incompleteness to the applicant.
5.2.3 A subdivision application is considered complete if:
a. in the opinion of the Subdivision Authority, the application contains
all information necessary to review the application; or
b. the Subdivision Authority fails to issue a Notice of Completeness or a
Notice of Incompleteness to the applicant within 20 days after the
receipt of an application.
5.2.4 The Subdivision Authority and applicant, through an agreement in writing,
may extend the timeframe to deem a subdivision application complete.
5.2.5 If a subdivision application is deemed complete, the Subdivision Authority
must issue the applicant a Notice of Completeness, in writing by regular mail
or electronic mail, acknowledging the application is complete.
5.2.6 The Notice of Completeness shall:
a. specify the date of which the application was deemed complete;
b. the type of development;
c. the legal land description; and
d. the applicant's name.
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5.2.7 Despite issuing a Notice of Completeness, or where a subdivision application
is deemed to be complete, the Subdivision Authority may request
additional information or documentation that they consider necessary to
review the application.
5.2.8 If a subdivision application is deemed incomplete, the Subdivision
Authority must issue to the applicant a Notice of Incompleteness, in writing
by regular mail or electronic mail.
5.2.9 The Notice of Incompleteness for a subdivision application shall:
a. specify the reasons why the application has been determined
incomplete, and
b. set a date by which all outstanding information and documents must be
submitted.
5.2.10If the applicant fails to submit all outstanding information and documents of
an incomplete subdivision application on or before the date established
through the Notice of Incompleteness in Subsection 5.2.10, the Subdivision
Authority may:
a. through an agreement in writing, extend the timeframe to receive the
outstanding information and documents required to deem the
application complete; or
b. refuse the application for incompleteness.
SECTION 5.3
CIRCULATION AND REFERRALS
5.3.1 Upon deeming an application complete the Subdivision Authority must
issue a notice of the subdivision application in accordance with MGA.
5.3.2 A subdivision application that meets the requirements for referral under the
Village of Boyle Municipal Development Plan or other municipal Statutory
Plans shall be referred, once deemed complete, to the Athabasca County Chief
Administrative Officer, or designated authority.
5.3.3 The Subdivision Authority shall give consideration to any recommendations
or comments received from Athabasca County in making a decision on the
subdivision application.
SECTION 5.4
DECISIONS ON SUBDIVISION
5.4.1 The Subdivision Authority must make a decision on an application for
subdivision in accordance with the MGA.
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SECTION 5.5
NOTICE OF DECISION
5.5.1 Notice of Decision on a subdivision application shall be given in accordance
with the MGA.
5.5.2 The applicant shall meet the conditions identified in the Notice of Decision for
the subdivision application within one year, or the application is considered
to have lapsed except for those of a continuing nature.
5.5.3 The Notice of Decision for a subdivision application shall be provided to the
applicant in a written form prescribed by the Village.
5.5.4 If the Subdivision Authority refuses a subdivision application, the
Subdivision Authority shall provide a Notice of Decision stating the reasons
for refusal.
SECTION 5.6
SUBDIVISION APPEALS
5.6.1 The subdivision appeal process shall be in accordance with the MGA and the
Subdivision and Development Appeal Board Bylaw, as amended, and Land
and Property Right Tribunal Act, as amended, as applicable.
SECTION 5.7
SUBDIVISION TIME EXTENSION
5.7.1 Notwithstanding Subsection 5.5.2, if the subdivision conditions cannot be
met the Subdivision Authority may grant an extension to allow
subdivision conditions to be met.
SECTION 5.8
REVOKING OR SUSPENDING SUBDIVISION
5.8.1 If it is determined prior to registration of the Plan of Survey that a
subdivision approval has been granted on the basis of incorrect information
contained in the application, such approval may be revoked or suspended by
the Subdivision Authority.
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PART 6:
DEVELOPMENT
REQUIREMENTS APPLICABLE
TO ALL DISTRICTS
SECTION 6.1
CORNER PARCEL
6.1.1 Corner parcels shall maintain a
minimum sight triangle of 3.0 m in
length from each road frontage.
6.1.2 No fence, wall, tree, bush, sign, or
structure erected, placed, or
maintained shall exceed 1.0 m in
height within the sight triangle of a
corner parcel.
SECTION 6.2
DEMOLITION AND
REMOVAL OF BUILDINGS
6.2.1 A development permit shall be
required for the demolition or
removal of any building or
structure with a gross floor area
greater than 10.0 m².
6.2.2 At the discretion of the
Development Authority, and as a condition of approval of a development
permit for demolition or removal of a building, the applicant may be required
to:
a. conduct reclamation of the site;
b. provide mitigation measures that protect public and private property;
c. restrict access to the site through protective barriers; and/or
d. meet any other condition deemed appropriate by the Development
Authority.
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SECTION 6.3
FENCES
6.3.1 Fence height shall be measured
from grade.
6.3.2 Fence height for all parcels,
including corner parcels, shall not
exceed:
a. 1.0 m in front yards;
b. 1.83 m in side yards; and
c. 1.83 m in rear yards.
6.3.3 Barbed wire or paige wire fences
shall only be allowed in the
Industrial (I) District.
SECTION 6.4
LANDSCAPING
General Landscaping Standards
6.4.1 Landscaping may consist of
hard or soft landscaping, or a
combination of both.
6.4.2 All required landscaping shall be planted within two years after
development permit issuance.
6.4.3 Developments shall provide landscaping in the front yard, unless, in the
case of a corner lot, both road frontages shall be landscaped.
6.4.4 Where a landscaping plan is required in SECTION 4.1, trees shall be provided
at the minimum ratio of one tree per 65 m² (700 ft.²) of landscaped area
provided, with a minimum of one tree per parcel.
6.4.5 Notwithstanding other provisions of this Bylaw, at the discretion of the
Development Authority, the Development Authority may allow an area
of a site that is eligible to be landscaped to be left in its natural state, if it is
of the opinion of the Development Authority that the natural state of the
site would enhance the development.
LANDSCAPING REQUIREMENTS FOR RESIDENTIAL DISTRICTS
6.4.6 A Single-Detached Dwelling shall landscape a minimum of 30% of the
front yard.
6.4.7 A Semi-Detached/Duplex Dwelling shall landscape a minimum of 30% of
the front yard.
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6.4.8 All other uses shall landscape a minimum of 20% of the front yard.
LANDSCAPING REQUIREMENTS FOR NON-RESIDENTIAL DISTRICTS
6.4.9 A Single-Detached Dwelling shall landscape a minimum of 30% of the
front yard.
6.4.10A Semi-Detached/Duplex Dwelling shall landscape a minimum of 30% of
the front yard.
6.4.11All other uses in the Commercial (C) District and Downtown Core (DTC)
District shall landscape a minimum of 20% of the front yard.
6.4.12Notwithstanding SECTION 6.4.11, in the Downtown Core (DTC) District where
a building with a 0 m front yard setback abuts a public sidewalk,
alternative landscaping should be provided, such as planters boxes on either
side of building entrances.
6.4.13All uses in the Industrial (IND) District shall landscape a minimum of 10% of
the front yard.
6.4.14All uses in the Institutional (I) District shall be landscaped to the satisfaction
of the Development Authority.
SECTION 6.5
MIXED USE BUILDINGS
6.5.1 A mixed-use building may be occupied by a combination of 1 or more uses
listed in a district, at the discretion of the Development Authority.
6.5.2 Each use within a mixed-use building shall be considered a separate use
and each use shall require a Development Permit.
6.5.3 Dwelling units in a mixed-use building must be located above or behind
the non-residential use(s).
6.5.4 Each individual dwelling unit in a mixed-use building shall have an
entrance separate from the non-residential use(s) with each dwelling unit
having indirect (such as via a hallway) or direct access.
SECTION 6.6
MODULAR CONSTRUCTION
6.6.1 A modular building must be placed on a permanent foundation.
SECTION 6.7
MULTI-BUILDING DEVELOPMENT
6.7.1 Where multiple buildings are proposed on a site or parcel, the buildings
shall relate to one another in terms of appearance, building orientation, and
landscaping, to the satisfaction of the Development Authority.
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SECTION 6.8
DRIVEWAYS AND ACCESSES
6.8.1 All driveways and accesses shall be in a location acceptable to the
Development Authority.
6.8.2 All driveways and accesses shall be surfaced to the satisfaction of the
Development Authority.
6.8.3 All driveways and accesses shall be graded to the satisfaction of the
Development Authority.
SECTION 6.9
PARKING AREAS, PARKING STALLS AND LOADING
STALLS
PARKING AREAS AND PARKING STALLS
6.9.1 All parking areas shall be in a location acceptable to the Development
Authority.
6.9.2 All parking areas shall be surfaced to the satisfaction of the Development
Authority.
6.9.3 All parking areas shall be graded to the satisfaction of the Development
Authority.
6.9.4 Unless through an exemption in SECTION 6.9.20, all parking areas, parking
stalls and loading stalls required for a use shall be located on-site on private
property.
6.9.5 Parking areas for non-residential uses that share a boundary line with a
residential parcel shall be screened to the satisfaction of the Development
Authority.
6.9.6 Barrier-free parking stalls shall comply with the dimension requirements of
the Alberta Building Code, as amended.
6.9.7 Where the number of required parking stalls results in a fractional number,
the total number of parking stalls required shall be rounded up to the next
whole number.
6.9.8 In the case of a use not specifically mentioned, the required number of on-
site parking stalls shall be the same as for a similar use, at the discretion of
the Development Authority.
6.9.9 In the case of a mixed-use building or a mix of uses on the same site, the
required number of on-site parking stalls shall be calculated based on the sum
of requirements for each use.
6.9.10Notwithstanding SECTION 6.9.9, where an application for a mixed-use
building or a mix of uses on the same site can demonstrate shared parking
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Development Requirements | 28
opportunities, the number of required parking stalls may be reduced at the
discretion of the Development Authority.
6.9.11Parking areas shall:
a. provide accesses to, and exits from, a road or lane such that backing
or turning movements of motor vehicles entering or exiting the site
avoid interference with traffic on the abutting roads or lanes; and
b. be designed to the satisfaction of the Development Authority.
6.9.12Parking stalls and parking areas shall comply with the following minimum
dimensions:
Stall
Width
(a)
Parking
Angle
(b)
Width of Stall
Parallel to
Maneuvering
Aisle
(c)
Width of
Maneuvering
Aisle (one
way)
(d)
Depth of Stall
Perpendicular to
Maneuvering
Aisle
(e)
Overall
Depth
(f)
2.7m
0°
7.0m
3.6m
2.7m
9.1 m
2.7m
30°
5.5m
3.6m
5.2m
14.0m
2.7m
45°
4.0m
3.6 m
5.8m
15.2 m
2.7m
60°
3.1 m
6.0m
6.1 m
18.3 m
2.7m
90°
2.7m
7.3 m
6.1 m
18.3 m
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6.9.13The number of on-site parking stalls required for residential uses shall
conform to the following requirements, unless otherwise stated in this Bylaw:
Residential Use
Minimum Number of
On-Site Parking Stalls Required
a.
Apartment
1.0 per dwelling unit, plus 0.15 stalls per dwelling
unit for visitor parking.
b.
Backyard Suite
1.0 in addition to the parking required for the
principal building.
c.
Bed and Breakfast
1.0 for each guest room in addition to the parking
required for the principal building.
d.
Day Home
1.0 in addition to the parking required for the
principal building.
e.
Duplex/Semi-Detached
Dwelling
1.0 per dwelling unit.
f.
Home Occupation,
Major
1.0 in addition to the parking required for the
principal building.
g.
Home Occupation,
Minor
1.0 in addition to the parking required for the
principal building.
h.
Manufactured Dwelling
1.0 per dwelling unit.
i.
Multi-Attached
Dwelling
1.0 per dwelling unit, plus 0.15 stalls per dwelling
unit for visitor parking.
j.
Secondary Suite
1.0 in addition to the parking required for the
principal building.
k.
Single-Detached
Dwelling
1.0 per dwelling unit.
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6.9.14The number of on-site parking stalls required for non-residential uses shall
conform to the following requirements, unless otherwise stated in this Bylaw:
Non-Residential Use
Minimum Number of
On-Site Parking Stalls Required
a.
Abattoir
At the discretion of the Development Authority
b.
Aerodrome
At the discretion of the Development Authority
c.
Agriculture
At the discretion of the Development Authority
d.
Agricultural Equipment
and Sales
1.0 per 100 m² of gross floor area
e.
Artisan Studio
1.0 plus 1.0 for every 46 m² of gross floor area
f.
Assisted Living Facility
At the discretion of the Development Authority
g.
Auto Sales and Service
1.0 plus 1.0 for every 46 m² of gross floor area
h.
Brewery, Winery,
Distillery
1.0 plus 1.0 for every 46 m² of gross floor area
i.
Bulk Fuel Sales
At the discretion of the Development Authority
j.
Campground
At the discretion of the Development Authority
k.
Cannabis Store
1.0 plus 1.0 for every 46 m² of gross floor area
l.
Cannabis Production
Facility
1 per 100 m² of gross floor area
m.
Car Wash
At the discretion of the Development Authority
n.
Cemetery
At the discretion of the Development Authority
o.
Child Care Facility
At the discretion of the Development Authority
p.
Commercial
1.0 plus 1.0 for every 46 m² of gross floor area
q.
Convenience Retail
1.0 plus 1.0 for every 46 m² of gross floor area
r.
Crematorium
At the discretion of the Development Authority
s.
Eating and Drinking
Establishment
1.0 plus 1.0 for every 46 m² of gross floor area
t.
Eating Establishment,
Drive-Through
1.0 plus 1.0 for every 46 m² of gross floor area
u.
Entertainment
Establishment
At the discretion of the Development Authority
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Development Requirements | 31
Non-Residential Use
Minimum Number of
On-Site Parking Stalls Required
v.
End of Life Care
At the discretion of the Development Authority
w.
Fitness Studio
1.0 plus 1.0 for every 46 m² of gross floor area
x.
Health Care Services
At the discretion of the Development Authority
y.
Health Services
Laboratory
At the discretion of the Development Authority
z.
Hospital
At the discretion of the Development Authority
aa.
Hotel, Motel
1.0 per guest room
bb.
Industrial
1 per 100 m² of gross floor area
cc.
Instructional Facility
At the discretion of the Development Authority
dd.
Liquor Store
1.0 plus 1.0 for every 46 m² of gross floor area
ee.
Office
1.0 plus 1.0 for every 46 m² of gross floor area
ff.
Outdoor Storage
Provided through the principal use
gg.
Parks and Playgrounds
At the discretion of the Development Authority
hh.
Pet Services
1.0 plus 1.0 for every 46 m² of gross floor area
ii.
Public Assembly
At the discretion of the Development Authority
jj.
Public Services
At the discretion of the Development Authority
kk.
Recreation Facility
At the discretion of the Development Authority
ll.
Retail and Consumer
Service
1.0 plus 1.0 for every 46 m² of gross floor area
mm.
Service Station
1.0 plus 1.0 for every 46 m² of gross floor area
nn.
Transportation Service
At the discretion of the Development Authority
oo.
Veterinary Clinic
1.0 plus 1.0 for every 46 m² of gross floor area
QUEUING LANES AND SPACES
6.9.15Queuing lanes for non-residential uses that share a boundary line with a
residential parcel shall be screened to the satisfaction of the Development
Authority.
6.9.16Queuing spaces shall comply with the following minimum dimensions:
a. 3.0 m in width; and
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Development Requirements | 32
b. 6.4 m in length.
6.9.17Queuing spaces must not interfere with pedestrian crossings, vehicle parking,
or access to the site.
LOADING STALL
6.9.18Loading stalls shall comply with the following minimum dimensions:
a. 4.2 m in width;
b. 9.0 m in length; and
c. 4.2 m of height clearance.
6.9.19The number of on-site loading stalls shall conform to the following
requirements, unless otherwise stated in this Bylaw:
Use
Minimum Number of Loading Stalls Required
a.
Non-residential uses classified
in SECTION 6.9.14 located in
the Commercial (C) District and
Industrial (IND) District
A minimum of 1.0 loading stall per 900 m² of
gross floor area. The requirement for additional
loading stalls is at the discretion of the
Development Authority.
b.
All uses in the Institutional (I)
District
At the discretion of the Development Authority
PARKING AND LOADING STALL EXEMPTIONS
6.9.20Notwithstanding the provisions in SECTION 6.9, parking stall and loading stall
requirements along 3rd Street in the Downtown Core (DTC) District shall be
determined at the discretion of the Development Authority.
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Development Requirements | 33
SECTION 6.10
PROJECTIONS
6.10.1No portion of a principal building shall project onto, over, or into any
required yard setback except in accordance with the following:
Projection
Front Yard
Setback
Rear Yard
Setback
Side Yard
Setback
Eaves, sills, and gutters
0.61 m
0.61 m
0.61 m
Bay window
0.61 m
0.61 m
0.61 m
Canopy
0.61 m
0.61 m
0.61 m
Chimney
0.61 m
0.61 m
0.61 m
Unenclosed steps, landings, or
entranceways
2.0 m
2.0 m
1.0 m into one
side yard only
An unenclosed balcony, deck or patio
above 0.61 m from grade in a
residential district
2.0 m
3.0 m
2.0 m
An unenclosed balcony, deck or patio
above 0.61 m from grade in a non-
residential district
At the discretion of the Development
Authority
6.10.2Notwithstanding SECTION 6.10.1, the eaves of an Accessory Building may
project up to 0.61 m into any yard setback.
SECTION 6.11
RAISING OF LIVESTOCK
6.11.1No livestock or any other animals other than domestic pets shall be raised,
bred or kept at any level of intensity within the Village municipal boundary
except for the short-term holding of animals associated with an approved
Abattoir or Veterinary Clinic.
SECTION 6.12
RELOCATION OF BUILDINGS AND STRUCTURES
6.12.1The Development Authority shall not approve a Development Permit to
relocate a building or structure unless the building or structure is
intended for a use that is listed in the district in which it is proposed to be
located.
Village of Boyle Land Use Bylaw
Development Requirements | 34
SECTION 6.13
SCREENING AND BUFFERING
6.13.1Mechanical systems including heating, ventilation, air conditioning, generators
and pumps equipment shall be screened to the satisfaction of the
Development Authority.
6.13.2In residential districts, or where a non-residential parcel shares a boundary
line with a residential parcel, mechanical systems including heating,
ventilation, air conditioning, generators and pumps equipment shall not be
allowed in the side yard.
6.13.3A non-residential parcel that shares a boundary line with a residential parcel
shall provide screening and/or buffering, to the satisfaction of the
Development Authority.
6.13.4Screening and buffering requirements may be met through:
a. fencing;
b. berms;
c. landscaping; or
d. a combination thereof, to the satisfaction of the Development
Authority.
SECTION 6.14
SERVICING REQUIREMENTS
6.14.1As necessary to serve the development, all new development permit and
subdivision applications must demonstrate, to the satisfaction of the
Development Authority:
a. adequate sewage collection and disposal;
b. water supply and distribution;
c. storm water collection and storage; and
d. road infrastructure capacity.
SECTION 6.15
WASTE CONTAINERS
6.15.1All developments shall provide containers for the purpose of depositing
waste, debris, and recyclable materials to the satisfaction of the
Development Authority.
6.15.2Areas storing waste and recycling containers shall be screened from public
view to the satisfaction of the Development Authority.
Village of Boyle Land Use Bylaw
Use Specific Regulations | 35
PART 7:
USE SPECIFIC REGULATIONS
SECTION 7.1
GENERAL REGULATIONS APPLICABLE TO ALL USES
7.1.1 A business license must be obtained for all businesses in accordance with the
Village Business Licence Bylaw.
7.1.2 Any proposed development that may have an effect on airport operations
will be referred to the specific Airport Commission or Authority, Transport
Canada and NavCanada.
SECTION 7.2
ACCESSORY BUILDING
7.2.1 A dwelling unit is not allowed in an Accessory Building unless as part of a
Backyard Suite for which a development permit has been issued in
accordance with SECTION 7.8.
7.2.2 An Accessory Building shall not be located in the front yard of a parcel.
7.2.3 The height of an Accessory Building must not exceed 4.6 m in height.
7.2.4 An Accessory Building must be located a minimum of 2.0 m from the
principal building or an Accessory Building on the same parcel.
7.2.5 Accessory Building shall comply with the following setbacks:
a. the minimum rear yard setback shall be 1.5 m;
b. the minimum side yard setback shall be 1.0 m; and
c. notwithstanding 7.2.5.b, on a corner parcel along the flanking front
property boundary, the side yard setback shall be the same as the
side yard setback required for the principal building.
7.2.6
One Accessory Building may be developed before a principal building
where the Development Authority is satisfied that:
a. the principal building will be completed as a condition of approval;
b. the construction for the principal building will follow in a timely
manner; and
c. the Accessory Building is designed and positioned to accommodate a
principal building.
Village of Boyle Land Use Bylaw
Use Specific Regulations | 36
RESIDENTIAL USES
SECTION 7.3
APARTMENT
7.3.1 An Apartment must provide indoor, outdoor or a combination of indoor and
outdoor amenity area(s) calculated at a minimum of 7.5 m² per dwelling
unit.
7.3.2 The space dedicated to outdoor amenity areas may contribute to the
landscaping requirements for an Apartment.
SECTION 7.4
BED AND BREAKFAST
7.4.1 A Bed and Breakfast is only allowed in a Single-Detached Dwelling.
7.4.2 A Bed and Breakfast must be operated and occupied by a resident of the
dwelling.
7.4.3 A Bed and Breakfast may have one non-resident employee working onsite.
7.4.4 Cooking facilities in a Bed and Breakfast are not allowed in temporary
sleeping accommodations.
Village of Boyle Land Use Bylaw
Use Specific Regulations | 37
SECTION 7.5
DAY HOME
7.5.1 A Day Home is only allowed in a Single-Detached Dwelling.
7.5.2 A Day Home must be operated and occupied by a resident of the dwelling.
7.5.3 A Day Home must be licensed in accordance with provincial requirements.
7.5.4 A Day Home shall be limited to six children per day, excluding children who
reside in the Single-Detached Dwelling.
7.5.5 A Day Home must be incidental and subordinate to the Single-Detached
Dwelling.
SECTION 7.6
HOME OCCUPATION
7.6.1 A Home Occupation may be located in a dwelling unit or Accessory
Building, including a detached garage.
7.6.2 A Home Occupation must be operated and occupied by a resident of the
dwelling unit.
7.6.3 A Home Occupation located in a dwelling unit must be incidental and
subordinate to the dwelling unit.
7.6.4 A Home Occupation shall not:
a. create nuisances that negatively impact neighbouring properties;
b. generate excessive pedestrian or vehicular traffic which is
uncharacteristic of the neighbourhood; or
c. have any activities related to the use occur outside of the dwelling unit
or Accessory Building, including Outdoor Storage.
7.6.5 A Home Occupation may have up to one vehicle associated with the
business.
7.6.6 The Development Authority maintains the discretion to refuse a Home
Occupation application if the Development Authority determines the
proposed use would unduly impact neighbouring properties.
MAJOR HOME OCCUPATION
7.6.7 In addition to SECTIONS 7.6.1 to 7.6.6, the following provisions shall apply:
a. A Major Home Occupation may have one non-resident employee
working onsite; and
b. A Major Home Occupation may have up to 15 business-associated
vehicle visits per week.
Village of Boyle Land Use Bylaw
Use Specific Regulations | 38
MINOR HOME OCCUPATION
7.6.8 In addition to SECTIONS 7.6.1 to 7.6.6, the following shall apply:
a. A Minor Home Occupation shall not have non-resident employees
working onsite; and
b. A Minor Home Occupation may have up to five business-associated
vehicle visits per week.
SECTION 7.7
MANUFACTURED DWELLING
7.7.1 A Manufactured Dwelling shall have a foundation or skirting that matches
the exterior appearance of the Manufactured Dwelling.
7.7.2 Additions to a Manufactured Dwelling shall require a foundation or skirting
equivalent to that of the existing Manufactured Dwelling.
7.7.3 The foundation or skirting for a Manufactured Dwelling shall:
a. not exceed a maximum height of 1.0 m above grade; and
b. have a minimum height of 0.15 m above grade.
7.7.4 In a manufactured home park, the maximum number of dwelling units
allowed per manufactured dwelling stall is one.
7.7.5 As a condition of development permit approval, the Development
Authority may require that the hitch and wheels of any Manufactured
Dwelling be removed within 60 days of the placement of the Manufactured
Dwelling.
SECTION 7.8
SECONDARY SUITE AND BACKYARD SUITE
7.8.1 One Secondary Suite or Backyard Suite is allowed per parcel.
7.8.2 A Secondary Suite or Backyard Suite shall not include a Bed and
Breakfast or Day Home.
SECONDARY SUITE
7.8.3 A Secondary Suite shall not exceed a maximum of 50.0% of the gross floor
area of the principal building.
7.8.4 A Secondary Suite is only allowed in a Single-Detached Dwelling.
BACKYARD SUITE
7.8.5 A Backyard Suite may be incorporated within or above an Accessory
Building.
7.8.6 A Backyard Suite shall not be located in the front yard of a parcel.
Village of Boyle Land Use Bylaw
Use Specific Regulations | 39
7.8.7 A Backyard Suite shall be subject to the minimum side yard setback and
minimum rear yard setback of an Accessory Building established in
SECTION 7.2.
7.8.8 A Backyard Suite shall be located a minimum of 2.0 m from the principal
building or any other Accessory Building on the same parcel.
7.8.9 A Backyard Suite shall have a maximum gross floor area of 100.0 m².
7.8.10Notwithstanding any other provisions in this Bylaw, a Backyard Suite shall
have a maximum height of 6.5 m, unless the Backyard Suite is located
above a detached garage, in which case the Backyard Suite shall have a
maximum height of 7.5 m.
7.8.11A deck or patio associated with a Backyard Suite shall not exceed 0.6 m in
height.
7.8.12A Backyard Suite should resemble the principal building in character and
appearance through the use of similar materials, colours and appearance.
7.8.13Windows in a Backyard Suite should be designed and oriented to minimize
overlook onto adjacent properties.
7.8.14Parking stalls required for a Backyard Suite should be accessed from the
lane, where possible.
NON-RESIDENTIAL USES
SECTION 7.9
ABATTOIR
7.9.1 If the provincial or federal license for an Abattoir is revoked or the license
expires, the development permit issued for the Abattoir shall automatically
terminate.
SECTION 7.10
BREWERY, WINERY OR DISTILLERY
7.10.1If the provincial license for a Brewery, Winery or Distillery is revoked or
the license expires, the development permit issued for the Brewery,
Winery or Distillery shall automatically terminate.
SECTION 7.11
CANNABIS STORE
7.11.1If the provincial license for a Cannabis Store is revoked or the license
expires, the development permit issued for the Cannabis Store shall
automatically terminate.
Village of Boyle Land Use Bylaw
Use Specific Regulations | 40
SECTION 7.12
CANNABIS GROW OPERATION
7.12.1The applicant must provide, as a condition of a development permit for a
Cannabis Grow Operation, a copy of the current licence for all activities
associated with cannabis production as issued by Health Canada.
7.12.2A Cannabis Grow Operation shall not be located within 75.0 m of a
residential district or the Institutional (I) District, measured from the building
containing the use closest to the nearest boundary line of a parcel of a
residential or Institutional (I) District.
7.12.3A Cannabis Grow Operation must include equipment designed to remove
odours from the air discharged from the facility as part of a ventilation system
to the satisfaction of the Development Authority.
7.12.4A Cannabis Grow Operation shall be developed and operated in a manner
where all the use operations are fully contained within the building including
all loading stalls and docks, and waste containers and waste material.
7.12.5Outdoor Storage shall not be allowed as an accessory use to a Cannabis
Grow Operation.
7.12.6If the federal license for a Cannabis Grow Operation is revoked or the
license expires, the development permit issued for the Cannabis Grow
Operation shall automatically terminate.
SECTION 7.13
CAR WASH
7.13.1A Car Wash with queuing lanes shall provide a minimum of two spaces per
lane at the vehicular entrance of the building in which the Car Wash is
located.
7.13.2Queuing lanes and spaces shall comply with the requirements of SECTION
6.9.
7.13.3Where located adjacent to a residential district or the Institutional (I)
District, queuing lanes and outdoor activities associated with the use must be
screened, to the satisfaction of the Development Authority.
7.13.4Where located adjacent to a residential district or the Institutional (I)
District, a Car Wash shall not create nuisances that negatively impact
neighbouring properties.
Village of Boyle Land Use Bylaw
Use Specific Regulations | 41
SECTION 7.14
DRIVE-THROUGH EATING AND DRINKING
ESTABLISHMENT
7.14.1A Drive-Through Eating Establishment with queuing lanes shall provide a
minimum of two vehicle spaces for each drive-through window.
7.14.2Queuing lanes and spaces shall comply with the requirements of SECTION
6.9.
7.14.3Where located adjacent to a residential district or the Institutional (I)
District, queuing lanes and outdoor activities associated with the use must be
screened, to the satisfaction of the Development Authority.
7.14.4Where located adjacent to a residential district or the Institutional (I)
District, a Drive-Through Eating Establishment shall not create nuisances
that negatively impact neighbouring properties.
SECTION 7.15
LIQUOR STORE
7.15.1If the provincial license for a Liquor Store is revoked or the license expires,
the development permit issued for the Liquor Store shall automatically
terminate.
SECTION 7.16
OUTDOOR STORAGE
7.16.1Outdoor Storage may be approved as an accessory use to a principal use
in a district in which it is listed, unless explicitly prohibited in this Bylaw.
7.16.2Outdoor Storage shall be screened to the satisfaction of the Development
Authority.
7.16.3Outdoor Storage shall not be located in the front yard of a parcel.
SECTION 7.17
SERVICE STATION AND BULK FUEL SALES
7.17.1Gasoline pumps shall have a minimum front yard setback of 6.0 m.
Village of Boyle Land Use Bylaw
Land Use Districts | 42
PART 8:
LAND USE DISTRICTS
SECTION 8.1
LAND USE DISTRICTS
8.1.1 For the purpose of this Bylaw the Village of Boyle is divided into the following
districts:
R1 - LOW-DENSITY RESIDENTIAL DISTRICT
R2 - RESIDENTIAL DISTRICT
RM - RESIDENTIAL MODIFIED DISTRICT
RMHP - RESIDENTIAL MANUFACTURED HOME PARK DISTRICT
RE - RESIDENTIAL ESTATE DISTRICT
C1 - COMMERCIAL DISTRICT
DTC - DOWNTOWN CORE DISTRICT
IND - INDUSTRIAL DISTRICT
I - INSTITUTIONAL DISTRICT
UR - URBAN RESERVE DISTRICT
8.1.2 Land use district boundaries are shown on Appendix A - Land Use Map.
8.1.3 Land use district boundaries that approximately follow a parcel boundary
shall be deemed to follow that parcel boundary.
8.1.4 Where a land use district boundary cannot be reasonably determined, the
Municipal Planning Commission shall determine the exact location of the
boundary.
8.1.5 The Land Use Map may be amended or replaced by Bylaw from time to time.
8.1.6 The purpose statement in each land use district states the intent of the
district.
8.1.7 The Development Authority shall not allow the use of land or a building
not listed as a permitted use or discretionary use in the district in which it
is situated unless it is established as a similar use, in accordance with
SECTION 4.9.
Village of Boyle Land Use Bylaw
Land Use Districts | 43
SECTION 8.2
R1 - LOW-DENSITY RESIDENTIAL DISTRICT
PURPOSE: To allow for low-density residential, neighbourhood-scale businesses,
public amenities and services, and recreation areas.
8.2.1 Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
Accessory Building
Assisted Living Facility
Convenience Retail
Duplex/Semi-Detached Dwelling
Fascia Sign1
Minor Home Occupation2
Parks and Playgrounds
Single-Detached Dwelling
Window Sign3
Backyard Suite
Bed and Breakfast
Child Care Facility
Day Home
Fascia Sign
Major Home Occupation1
Minor Home Occupation2
Monument Sign
Mural Sign
Portable Sign
Public Assembly
Public Services
Retail and Consumer Service
Secondary Suite
Window Sign
1 A Fascia Sign is considered a
permitted use only when accessory to
Convenience Retail
2A Minor Home Occupation is
considered a permitted use only when
located in a Single-Detached
Dwelling
3Window Sign is considered a
permitted use only when accessory to
Convenience Retail
1 A Major Home Occupation Major is allowed
as a discretionary use only when located in:
Accessory Building;
Backyard Suite;
Duplex/Semi Detached Dwelling;
Secondary Suite; or
Single-Detached Dwelling.
2A Minor Home Occupation is allowed as a
discretionary use only when located in a:
Accessory Building;
Backyard Suite;
Duplex/Semi Detached Dwelling; or
Secondary Suite.
Village of Boyle Land Use Bylaw
Land Use Districts | 44
Section 8.2.2 amended as per Bylaw 06-25 June 4, 2025
DEVELOPMENT STANDARDS
8.2.2 Unless explicitly stated otherwise in this Bylaw, the following development
standards shall apply to the uses in the Low-Density Residential (R1)
District:
a. Minimum Parcel Area
560.0 m²
b. Minimum Parcel Width
17.0 m
c. Minimum Principal Building
Size
106.85 m2 (1,150 ft2) for principal buildings.
d. Maximum Parcel Coverage
30% for principal buildings; or
40% for all buildings; except
for an Assisted Living Facility where the
maximum parcel coverage shall be at the
discretion of the Development Authority.
e. Minimum Front Yard Setback
6.0 m
f. Minimum Side Yard Setback
1.2 m; except
in the case of a corner parcel where the minimum
side yard setback facing a road shall be 3.0 m.
g. Minimum Rear Yard Setback
7.5 m
h. Maximum Building Height
9.0 m
DEVELOPMENT REGULATIONS
8.2.3 The maximum number of principal buildings on a parcel is one.
Village of Boyle Land Use Bylaw
Land Use Districts | 45
SECTION 8.3
R2 - RESIDENTIAL DISTRICT
PURPOSE: To allow for a variety of housing types including low to medium-density
dwellings, neighbourhood-scale businesses, and recreation areas.
8.3.1 Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
Accessory Building or Structure
Apartment
Assisted Living Facility
Convenience Retail
Duplex/Semi-Detached Dwelling
Fascia Sign1
Minor Home Occupation2
Multi-Attached Dwelling
Parks and Playgrounds
Single-Detached Dwelling
Window Sign3
Backyard Suite
Bed and Breakfast
Child Care Facility
Day Home
Fascia Sign
Major Home Occupation1
Minor Home Occupation2
Mixed Use Building
Monument Sign
Mural Sign
Portable Sign
Public Assembly
Public Services
Retail and Consumer Service
Secondary Suite
Window Sign
1A Fascia Sign is considered a permitted
use only when accessory to Convenience
Retail
2A Minor Home Occupation is considered
a permitted use only when located in a
Single-Detached Dwelling
3Window Sign is considered a permitted
use only when accessory to Convenience
Retail
1 A Major Home Occupation Major is
allowed as a discretionary use only when
located in:
Accessory Building;
Backyard Suite;
Duplex/Semi Detached Dwelling
Secondary Suite; or
Single-Detached Dwelling
2 A Minor Home Occupation is allowed as
a discretionary use only when located in
a:
Accessory Building;
Backyard Suite;
Duplex/Semi Detached Dwelling;
or
Secondary Suite.
Village of Boyle Land Use Bylaw
Land Use Districts | 46
DEVELOPMENT STANDARDS
8.3.2 Unless explicitly stated otherwise in this Bylaw, the following development
standards shall apply to the uses in the Medium Density Residential (R2)
District:
Dwelling
Type:
Single-
Detached
Duplex/
Semi-
Detached
Multi-
Attached
Apartment
All Other
Uses
a. Minimum
Parcel
Area
420.0 m²
Duplex
Dwelling:
600 m²
Semi-
Detached
Dwelling:
650 m²
740.0 m²
800.0 m²
420.0 m²
b. Minimum
Parcel
Width
10.0 m
18.0 m
20.0 m
20.0 m
10.0 m
c. Maximum
Parcel
Coverage
30% for
principal
buildings;
or
40% for all
buildings
40% for
principal
buildings; or
50% for all
buildings
40% for all
buildings
35% for all
buildings
at the
discretion of
the
Development
Authority
d. Minimum
Front
Yard
Setback
6.0 m
6.0 m
6.0 m
9.0 m
6.0 m
e. Minimum
Side Yard
Setback
1.2 m except when:
the side yard abuts a road on
a corner parcel, in which
case the minimum side yard
setback shall be 3.0 m
3.0 m
3.0 m
3.0 m
f. Minimum
Rear Yard
Setback
7.5 m
7.5 m
6.0 m
7.5 m
7.5 m
g. Maximum
Building
Height
9.0 m
9.0 m
10.0 m
15.0 m
10.0 m
DEVELOPMENT REGULATIONS
8.3.3 The maximum number of principal buildings on a parcel is one.
Village of Boyle Land Use Bylaw
Land Use Districts | 47
SECTION 8.4
RM - RESIDENTIAL MODIFIED DISTRICT
PURPOSE: To allow for a mix of housing types options including Manufactured
Dwellings on individual lots, including recreation areas.
8.4.1 Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
Accessory Building
Assisted Living Facility
Duplex/Semi-Detached Dwelling
Fascia Sign1
Manufactured Dwelling
Minor Home Occupation2
Parks and Playgrounds
Single-Detached Dwelling
Window Sign3
Backyard Suite
Bed and Breakfast
Child Care Facility
Day Home
Major Home Occupation1
Minor Home Occupation2
Mixed Use Building
Monument Sign
Mural Sign
Portable Sign
Public Assembly
Public Services
Retail and Consumer Service
Secondary Suite
1 A Fascia Sign is considered a permitted
use only when accessory to Convenience
Retail.
2 A Minor Home Occupation is considered
a permitted use only when located in a
Single-Detached Dwelling.
3 Window Sign is considered a permitted
use only when accessory to Convenience
Retail.
1A Major Home Occupation is allowed as
a discretionary use only when located in
a:
Accessory Building;
Backyard Suite;
Duplex/Semi Detached Dwelling;
Secondary Suite; or
Single-Detached Dwelling.
2 A Minor Home Occupation is allowed as
a discretionary use only when located in
a:
Accessory Building;
Backyard Suite;
Duplex/Semi Detached Dwelling;
or
Secondary Suite.
Village of Boyle Land Use Bylaw
Land Use Districts | 48
DEVELOPMENT STANDARDS
8.4.2 Unless explicitly stated otherwise in this Bylaw, the following development
standards shall apply to the uses in the Residential Modified (RM) District:
Dwelling
Type:
Single-
Detached
Dwelling
Duplex/Semi-
Detached
Dwelling
Manufactured
Dwelling
All Other
Uses
a. Minimum
Parcel Area
500.0 m²
600.0 m²
500.0 m²
500.0 m²
b. Minimum
Parcel Width
16.5 m
16.5 m
16.5 m
16.5 m
c. Maximum
Parcel
Coverage
30% for
principal
buildings;
or
40% for all
buildings
40% for principal
buildings;
or
50% for all
buildings
30% for principal
buildings;
or
45% for all
buildings
40% for
principal
buildings;
or
50% for all
buildings
d. Minimum
Front Yard
Setback
6.0 m
6.0 m
7.5 m
6.0 m
e. Minimum
Side Yard
Setback
1.2 m unless when the side yard abuts a road on a
corner parcel, in which case the minimum side yard
setback shall be 3.0 m
3.0 m
f. Minimum
Rear Yard
Setback
7.5 m
7.5 m
3.0 m
6.0 m
g. Maximum
Building
Height
9.0 m
9.0 m
5.5 m
10.0 m
DEVELOPMENT REGULATIONS
8.4.3 The maximum number of principal buildings on a parcel is one.
Village of Boyle Land Use Bylaw
Land Use Districts | 49
SECTION 8.5
RMHP - RESIDENTIAL MANUFACTURED HOME PARK
DISTRICT
PURPOSE: To allow for Manufactured Dwellings where individually
manufactured dwelling stalls are leased on a shared parcel.
8.5.1 Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
Accessory Building or Structure
Manufactured Dwelling
Minor Home Occupation
Parks and Playgrounds
Day Home
Fascia Sign1
Major Home Occupation
Monument Sign
Mural Sign
1 A Fascia Sign is considered a
discretionary use only when accessory to
a business.
DEVELOPMENT STANDARDS
8.5.2 Unless explicitly stated otherwise in this Bylaw, the following development
standards shall apply to the uses in the Residential Manufactured Home Park
(RMHP) District:
a. Minimum Parcel Area
2.0 hectares
b. Manufactured dwelling stall
510.0 m²
c. Minimum Front Yard Setback
3.0 m
d. Minimum Side Yard Setback
3.0 m
e. Minimum Rear Yard Setback
3.0 m
f. Maximum Building Height
5.5 m
DEVELOPMENT REGULATIONS
8.5.3 Manufactured home parks shall:
a. Provide a minimum 3.0 m landscaping buffer along property boundary
lines adjacent to another district, to the satisfaction of the
Development Authority;
b. develop sidewalks along all internal roadways, to the satisfaction of the
Development Authority; and
Village of Boyle Land Use Bylaw
Land Use Districts | 50
c. provide amenity area(s) calculated at a minimum 5% of the total site
area.
8.5.4 Amenity areas associated with manufactured home parks should be
located in areas conveniently connected by a pathways or sidewalk for all park
residents.
8.5.5 Amenity areas associated with manufactured home parks shall not be
located within the landscaping buffer described in Subsection 8.5.3.
8.5.6 Manufactured home parks should incorporate pathways that connect to the
Village trail network where possible.
8.5.7 In addition to the parking requirements described in SECTION 6.9,
manufactured home parks shall provide visitor parking stalls calculated at
0.15 parking stalls per Manufactured Dwelling.
Village of Boyle Land Use Bylaw
Land Use Districts | 51
SECTION 8.6
RE - RESIDENTIAL ESTATE DISTRICT
PURPOSE: To accommodate low density residential dwellings and compatible
accessory uses, on large sized parcels.
8.6.1 Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
Accessory Building
Assisted Living Facility
Secondary Suite
Minor Home Occupation
Parks and Playgrounds
Secondary Suite
Single-Detached Dwelling
Backyard Suite
Bed and Breakfast
Day Home
Fascia Sign1
Major Home Occupation
Monument Sign
Mural Sign
Public Services
1 A Fascia Sign is considered a
discretionary use only when accessory to
a business.
DEVELOPMENT STANDARDS
8.6.2 Unless explicitly stated otherwise in this Bylaw, the following development
standards shall apply to the uses in the Residential Estate (RE) District.
a. Minimum Parcel Area
800.0 m²
b. Minimum Parcel Width
At the discretion of the Development Authority
c. Maximum Parcel Coverage
40% for all buildings
d. Minimum Front Yard Setback
7.5 m
e. Minimum Side Yard Setback
3.0 m
f. Minimum Rear Yard Setback
7.5 m
g. Maximum Building Height
9.0 m
DEVELOPMENT REGULATIONS
8.6.3 The maximum number of principal buildings on a parcel is one.
Village of Boyle Land Use Bylaw
Land Use Districts | 52
SECTION 8.7
C1 - COMMERCIAL DISTRICT
PURPOSE: To provide for commercial uses in the Village that act as a buffer
between residential uses and industrial uses, or benefit from close proximity to
major transportation corridors. This district may also be appropriate for dwelling
units in mixed-use buildings.
8.7.1 Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
Accessory Building or Structure
Agricultural Equipment and Sales
Artisan Studio
Brewery, Winery, Distillery
Car Wash
Child Care Facility
Commercial
Convenience Retail
Eating and Drinking Establishment
Eating Establishment, Drive-Through
Entertainment Establishment
Fascia Sign
Fitness Studio
Freestanding Sign
Health Care Services
Hotel, Motel
Instructional Facility
Marquee or Canopy Sign
Monument Sign
Office
Parks and Playgrounds
Pet Services
Portable Sign
Projecting Sign
Public Assembly
Public Services
Recreation Facility
Retail and Consumer Service
Service Station
Transportation Service
Veterinary Clinic
Window Sign
Apartment
Assisted Living Facility
Auto Sales and Service
Bulk Fuel Sales
Cannabis Store
Crematorium
End of Life Care
Health Services Laboratory
Liquor Store
Mural Sign
Outdoor Storage2
1 Outdoor Storage is allowed as a
discretionary use only when accessory to
a principal use.
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DEVELOPMENT STANDARDS
8.7.2 Unless explicitly stated otherwise in this Bylaw, the following development
standards shall apply to the uses in the Commercial (C1) District:
a. Minimum Parcel Area
420.0 m²
b. Minimum Parcel Width
10.5 m
c. Maximum Parcel Coverage
80% for all buildings
d. Minimum Front Yard Setback
6.0 m
e. Minimum Side Yard Setback
1.5 m, except:
if the side yard abuts a residential district, in which
case the minimum side yard setback shall be 3.0 m;
or
the side yard abuts a road on a corner parcel, in
which case the minimum side yard setback shall be
3.0 m.
f. Minimum Rear Yard Setback
6.0 m
g. Maximum Building Height
14.0 m
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SECTION 8.8
DTC - DOWNTOWN CORE DISTRICT
PURPOSE: To provide for a mix of commercial uses and residential dwellings in a
distinct downtown hub that is compact and walkable.
8.8.1 Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
Accessory Building
Artisan Studio
Brewery, Winery, Distillery
Commercial
Convenience Retail
Duplex/Semi-Detached Dwelling1
Eating and Drinking Establishment
Entertainment Establishment
Fascia Sign
Fitness Studio
Freestanding Sign
Health Care Services
Hotel, Motel
Instructional Facility
Marquee or Canopy Sign
Monument Sign
Office
Parks and Playgrounds
Pet Services
Projecting Sign
Portable Sign
Public Assembly
Public Services
Retail and Consumer Service
Recreation Facility
Single-Detached Dwelling2
Window Sign
Auto Sales and Service
Backyard Suite
Bed and Breakfast
Cannabis Store
Child Care Facility
Day Home
Backyard Suite
Eating Establishment, Drive-Through
End of Life Care
Liquor Store
Major Home Occupation1
Minor Home Occupation2
Mural Sign
Single-Detached Dwelling3
Transportation Service
Veterinary Clinic4
1 A Duplex/Semi-Detached Dwelling is
allowed as a permitted use when
approved prior to third reading of this
Bylaw.
2 A Single-Detached Dwelling is allowed
as a permitted use when approved prior
to third reading of this Bylaw.
1 A Major Home Occupation is considered
a discretionary use when located in a:
Accessory Building;
Backyard Suite;
Secondary Suite; or
Single-Detached Dwelling.
2 A Minor Home Occupation is considered
a discretionary use when located in a:
Accessory Building;
Backyard Suite;
Secondary Suite; or
Single-Detached Dwelling.
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Permitted Uses
Discretionary Uses
3 A Single-Detached Dwelling is allowed
as a discretionary use when approved
prior to third reading of this Bylaw.
4 A Veterinary Clinic is allowed as a
discretionary use when approved prior to
third reading of this Bylaw.
DEVELOPMENT STANDARDS
8.8.2 Unless explicitly stated otherwise in this Bylaw, the following development
standards shall apply to the uses in the Downtown Core (DTC) District:
a. Minimum Parcel Area
420.0 m²
b. Minimum Parcel Width
10.5 m
c. Maximum Parcel Coverage
80% for all buildings
d. Minimum Front Yard Setback
0.0 m
e. Minimum Side Yard Setback
0.0 m except:
if the side yard abuts a lane, in which case the
minimum side yard setback shall be 1.2 m; or
if the side yard abuts a lane, in which case the
minimum side yard setback shall be 1.2 m; or
the side yard abuts a residential district, in which
case the minimum side yard setback shall be 3.0 m
f. Minimum Rear Yard Setback
6.0 m
g. Maximum Building Height
14.0 m
DEVELOPMENT REGULATIONS
8.8.3 Buildings with building frontage facing a public road shall incorporate into
the building facade design, a transparent medium (e.g. glass/windows) for a
minimum 30% of the ground floor building facade area.
8.8.4 Buildings should feature street-oriented design elements for each elevation
visible from an adjacent public road (excluding lanes). Design elements may
include:
a. clearly identified entrances;
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b. pedestrian-oriented signage;
c. pedestrian scale design; and/or
d. the use of different colours, materials, or textures to break up
repetitive building facades.
8.8.5 Buildings along 3rd Street in the Downtown Core (DTC) District with a 0 m
front yard setback should provide overhead weather protection for
pedestrians along building frontages and at each building entrance.
8.8.6 Buildings that are built to a 0 m front yard setback shall have front
entrances that are recessed a minimum of 0.9 m from the building
frontage.
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SECTION 8.9
IND - INDUSTRIAL DISTRICT
PURPOSE: To provide for industrial and complementary uses that do not create
major nuisances that could adversely affect surrounding land uses.
8.9.1 Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
Accessory Building or Structure
Agricultural Equipment and Sales
Artisan Studio
Auto Sales and Service
Brewery, Winery, Distillery
Bulk Fuel Sales
Car Wash
Commercial
Convenience Retail
End of Life Care
Fascia Sign
Freestanding Sign
Health Services Laboratory
Hotel/Motel
Industrial
Instructional Facility
Marquee or Canopy Sign
Monument Sign
Office
Outdoor Storage1
Pet Services
Projecting Sign
Portable Sign
Retail and Consumer Service
Service Station
Transportation Service
Veterinary Clinic
Window Sign
Abattoir
Aerodrome
Agriculture
Cannabis Production Facility
Cannabis Store
Crematorium
Eating and Drinking Establishment
Eating Establishment, Drive-Through
Fitness Studio
Health Care Services
Liquor Store
Mural Sign
Parks and Playgrounds
Public Services
Single Detached Dwelling1
1 Outdoor Storage is allowed as a
permitted use only when accessory to a
principal use.
1 A Single-Detached Dwelling is allowed
as a discretionary use when approved
prior to third reading of this Bylaw.
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DEVELOPMENT STANDARDS
8.9.2 Unless explicitly stated otherwise in this Bylaw, the following development
standards shall apply to the uses in the Industrial (IND) District:
a. Minimum Parcel Area
1,000.0 m²
b. Minimum Parcel Width
15.0 m
c. Maximum Parcel Coverage
60% for all buildings
d. Minimum Front Yard Setback
10.0 m
e. Minimum Side Yard Setback
3.0 m except;
on the road side of a corner parcel where the
minimum side yard setback shall be 6.0 m
f. Minimum Rear Yard Setback
10.0 m
g. Maximum Building Height
At the discretion of the Development Authority.
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SECTION 8.10
I - INSTITUTIONAL DISTRICT
PURPOSE: To allow for uses that provide a variety of recreational opportunities,
and community and public services to the community.
8.10.1Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
Accessory Building
Artisan Studio
Assisted Living Facility
Child Care Facility
Eating and Drinking Establishment1
Entertainment Establishment
Fascia Sign
Fitness Studio
Freestanding Sign
Health Care Services
Health Services Laboratory2
Hospital
Instructional Facility
Marquee or Canopy Sign
Monument Sign
Parks and Playgrounds
Projecting Sign
Portable Sign
Public Assembly
Public Services
Recreation Facility
Window Sign
Campground
Cemetery
Commercial
Convenience Retail
End of Life Care
Mural Sign
Office
Retail and Consumer Service
1 An Eating and Drinking Establishment
is allowed as a permitted use when
accessory to a principal use.
2 A Health Services Laboratory is allowed
as a permitted use when accessory to a
principal use.
DEVELOPMENT STANDARDS
8.10.2Development standards in the Institutional (I) District shall be at the
discretion of the Development Authority.
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SECTION 8.11
UR - URBAN RESERVE DISTRICT
PURPOSE: To maintain undeveloped lands in the Village that are intended for future
development in the Municipal Development Plan.
8.11.1Discretionary Uses
Discretionary Uses
Accessory Building
Agriculture
Parks and Playgrounds
Single-Detached Dwelling
DEVELOPMENT STANDARDS
8.11.2Development standards in the Urban Reserve (UR) District shall be at the
discretion of the Development Authority.
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PART 9:
SIGNS
SECTION 9.1
SIGNS NOT REQUIRING A DEVELOPMENT PERMIT
9.1.1 The following signs do not require a development permit provided that the
sign otherwise complies with the provisions of this Bylaw, does not require a
variance and meets the following qualifications for exception:
Sign
Qualifications for Exception to Development
Permit
a.
Signs
Provided that the sign is located within a building,
(not including a Window Sign).
b.
Signs for Artisan Studios,
Bed and Breakfasts, Day
Homes and Home
Occupations
Provided that the sign area does not exceed
0.2 m².
c.
Directional Signs
Provided the sign area does not exceed 0.7 m².
d.
Maintenance and Repair of
a Sign
Provided that a development permit has been
issued for the sign.
e.
Portable Signs
Provided the sign area does not exceed 1.0 m².
f.
Replacement of a Sign
Provided that a development permit has been
issued for the sign; and
the replaced sign is identical to the sign approved
under the development permit; or
the replacement is for panels or letters in an
approved sign.
g.
Temporary Signs
Provided that the sign is in place for no more than
3 weeks; and
the sign is located on private property.
h. Window Signs
Provided that all Window Signs cover 30% or
less of the total window.
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SECTION 9.2
APPLICATION FOR SIGNS
9.2.1 An application for a development permit for a sign shall be made to the
Development Authority in writing in the form prescribed by the
Development Authority.
9.2.2 An application for a development permit for a sign shall include:
a. a completed application form signed by the registered owner of the
subject property, and the applicant or the applicant's agent(s);
b. an application fee as established by the Village;
c. a current copy of the Certificate of Title(s) (within 30 days of the
application submission date); and
d. current copies of any restrictive covenants, caveats or easements
(within 30 days of the application submission date).
9.2.3 At the discretion of the Development Authority, an application for a
development permit for a sign may also require:
a. site plan showing the sign location;
b. drawing(s) showing the following sign elements:
i.
dimensions including sign height and width;
ii.
total sign area;
iii.
elevation of sign measured from grade;
c. building elevations identifying the following:
i.
sign location on the building frontage;
ii.
dimensions of the building frontage;
d. details of any support or how a sign will be installed;
e. details of any lighting or sign illumination; and
f.
any other information or documentation the Development Authority
may deem necessary to review the sign development permit
application.
SECTION 9.3
GENERAL SIGN PROVISIONS
9.3.1 A structure used to hold or support a sign is considered part of the sign.
9.3.2 Where a sign is double sided, sign area shall be calculated for one side only.
9.3.3 A sign shall be well maintained and kept in a condition satisfactory to the
Development Authority.
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9.3.4 A sign shall be safely and securely attached to a building, structure or to
the ground using methods of support that are to the satisfaction of the
Development Authority.
9.3.5 A sign shall be for on-site advertising unless approved by the Development
Authority.
9.3.6 Any sign in place for a time period that exceeds 3 weeks shall require a
development permit and shall comply with the regulations of that sign
type.
9.3.7 Where exterior lighting is incorporated into a sign, lighting shall be oriented
downward and designed to illuminate the sign area only.
9.3.8 A sign shall not be attached to a fence, pole, tree, or any object in a road or
publicly-owned parcel.
9.3.9 A sign shall not be allowed in any road or publicly-owned parcel without an
approved Encroachment Agreement.
9.3.10A sign shall not interfere with sight lines, any traffic control device, or
otherwise impede on traffic or pedestrian movements at any time.
9.3.11When a sign is located on a corner parcel, the sign shall comply with the
regulations of SECTION 6.1.
9.3.12A sign should incorporate similar materials and colours as the principal
building.
9.3.13A Sign that incorporates digital messaging shall:
a. not be permitted in residential districts; and
b. not be oriented towards a dwelling.
SECTION 9.4
FASCIA SIGN
9.4.1 The following development standards shall apply to a Fascia Sign:
a. Location:
i.
A Fascia Sign shall be located on a building frontage; and
ii.
A Fascia Sign shall have a minimum clearance of 2.5 m when
measured from grade to the bottom of the sign structure.
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b. Size:
i.
A Fascia Sign shall not project more than 0.5 m past the wall to
which it is attached; and
ii.
The total area of a Fascia Sign on a building frontage shall not
exceed a maximum 25% of the total area of the building
frontage.
c. Quantity:
i.
The number of Fascia Signs allowed on a building frontage
shall be at the discretion of the Development Authority.
SECTION 9.5
FREESTANDING SIGN
9.5.1 The following development standards shall apply to a Freestanding Sign:
a. Location:
i.
A Freestanding Sign shall not project beyond the property
line.
b. Size:
i.
A Freestanding Sign shall have a maximum sign area
calculated at 1.0 m² per metre of building frontage length to a
maximum of 8.5 m² sign area; and
ii.
A Freestanding Sign shall not exceed 9.0 m in height.
c. Quantity:
i.
One Freestanding Sign is allowed for each building frontage.
SECTION 9.6
MARQUEE OR CANOPY SIGN
9.6.1 The following development standards shall apply to a Marquee or Canopy
Sign:
a. Location:
i.
A Marquee or Canopy Sign shall be located on a building
frontage;
ii.
A Marquee or Canopy Sign shall be located above the top of the
highest window of the first storey; and
iii.
A Marquee or Canopy Sign shall have a minimum clearance of
2.5 m above grade.
b. Size:
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i.
The total area of a Marquee or Canopy Sign on a building
frontage shall not exceed a maximum 25% of the total area of
the building frontage.
c. Quantity:
i.
The number of Marquee or Canopy Signs allowed on a building
frontage shall be at the discretion of the Development
Authority.
SECTION 9.7
MURAL SIGN
9.7.1 The size, location, quantity, and design of a Mural Sign shall be at the
discretion of the Development Authority.
SECTION 9.8
MONUMENT SIGN
9.8.1 The following development standards shall apply to a Monument Sign:
a. Location:
i.
The location of a Monument Sign shall be at the discretion of
the Development Authority.
b. Size:
i.
A Monument Sign shall not exceed 2.0 m²; and
ii.
A Monument Sign shall not exceed 2.0 m in height.
c. Quantity:
i.
Two Monument Signs are allowed per site.
SECTION 9.9
PORTABLE SIGN
9.9.1 The following development standards shall apply to a Portable Sign:
a. Size:
i.
A Portable Sign shall not exceed 4.6 m²; and
ii.
A Portable Sign shall not exceed 3.6 m in height.
b. Quantity:
i.
One Portable Sign is allowed for each building frontage.
ii.
Notwithstanding Subsection 9.9.1 b.i, where there are multiple
businesses sharing a building frontage, one Portable Sign is
allowed for each business.
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9.9.2 Portable Signs shall be designed and located to prevent unintentional
movement to the satisfaction of the Development Authority.
SECTION 9.10
PROJECTING SIGN
9.10.1The following development standards shall apply to a Projecting Sign:
a. Location:
i.
A Projecting Sign shall be placed at right angles to the building
frontage, including buildings on corner parcels;
ii.
A Projecting Sign shall have a minimum clearance of 2.5 m
above grade; and
iii.
A Projecting Sign shall not exceed a height of 0.5 m above the
building eave or 6.0 m above grade, whichever is less.
b. Size:
i.
A Projecting Sign shall not exceed 2.0 m².
c. Quantity:
i.
One Projecting Sign is allowed for each building frontage.
ii.
Notwithstanding 9.10.1 c.i, where there are multiple businesses
sharing a building frontage, one Projecting Sign is allowed for
each business.
9.10.2A Projecting Sign that projects into Village-owned land shall enter into an
Encroachment Agreement with the Village prior to installation.
SECTION 9.11
WINDOW SIGN
9.11.1The following development standards shall apply to a Window Sign:
a. Location:
i.
A Window Sign shall be located within a window located on the
main or second storey of a building.
b. Size:
i.
The total area of a Window Sign shall not exceed 60% cover of
the window.
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PART 10:COMPLIANCE AND
ENFORCEMENT
SECTION 10.1 GENERAL PROVISIONS
10.1.1Enforcement of this Bylaw by the Village's Bylaw Enforcement Officer or any
other person identified by Council, may be executed through the issuance of a
violation warning, warning notice, final warning notice, stop order, violation
tags, or any other authorized action to ensure compliance.
10.1.2A person, whether occupant or owner of land, a building, or structure, or
parcel, may be guilty of an offence if they cause or allow any development
that:
a. contravenes or does not comply with this Bylaw;
b. requires a development permit that has not been released;
c. has a development permit considered to have lapsed, is suspended
or cancelled;
d. contravenes or does not comply with a development permit that has
been released;
e. contravenes or does not comply with a subdivision approval that has
been given;
f.
contravenes or does not comply with a condition of a development
permit or subdivision approval; or
g. contravenes a stop order.
SECTION 10.2 RIGHT OF ENTRY
10.2.1Subject to a contravention under Subsection 10.1.2, the Bylaw Enforcement
Officer of the Village may, after giving reasonable notice to the owner or
occupant of the building, structure or parcel, enter to carry out an
inspection to ascertain if Bylaw requirements are being met.
10.2.2A person shall not prevent or obstruct the Bylaw Enforcement Officer from
carrying out any official duty under this Bylaw.
10.2.3If consent is not given, the Village may apply to the Court of King's Bench for
an authorizing order.
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SECTION 10.3 OFFENCES
10.3.1Any person who contravenes, causes or permits a contravention of the
provisions of this Bylaw, or allows a contravention of this Bylaw to occur or
continue on their property, is guilty of an offence and is liable to a fine for a
first offence and for each subsequent offence of not more than $10,000.
SECTION 10.4 VIOLATION TICIKETS
10.4.1The Bylaw Enforcement Officer or any other person authorized by Council,
may issue a violation ticket to any person alleged to have breached any
provision of this Bylaw.
10.4.2The violation ticket shall specify the alleged offence committed by the person
to whom the violation ticket is issued and require payment, within 21 days
from the date of issue of the violation ticket, of a fine to the Village.
10.4.3Persons contravening any provision of this Bylaw shall be liable for minimum
penalties established by the Village.
10.4.4Increasing minimum penalties for subsequent violations of any provision of
this Bylaw may be established by the Village.
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PART 11:BYLAW AMENDMENT
SECTION 11.1 INITIATING AN AMENDMENT
11.1.1Any person may apply to have the Bylaw amended.
11.1.2An application to change the district of any parcel may be initiated only by the
owner of that parcel, tenant or agent (with the owner's consent), or by the
municipality.
11.1.3Council may, on its own initiative and in accordance with the MGA, initiate an
amendment to the Bylaw, having referred the proposed Amending Bylaw to
the Development Authority prior to first reading.
11.1.4The Development Authority may, at any time, present a request for Bylaw
amendment to Council.
11.1.5Any amendment to the Bylaw shall be made pursuant to the MGA
SECTION 11.2 APPLICATION FOR AN AMENDMENT
11.2.1All applications for Bylaw amendment shall be accompanied by:
a. a complete application form signed by the applicant or the
applicant's agent(s); or
b. if the amendment is for a re-designation, a completed application form
signed by the registered owner of the subject property, and the
applicant or the applicant's agent(s); and
c. an application fee as established by Village.
11.2.2The Development Authority may request information to evaluate a Bylaw
amendment, including but not limited to:
a. a current copy of the Certificate of Title(s) (within 30 days of the
application submission date);
b. current copies of any restrictive covenants, caveats or easements
(within 30 days of the application submission date);
c. the legal description(s) and municipal address;
d. a site plan of the proposed development;
e. an engagement summary report summarizing the public consultation
process;
f.
reports, drawings, plans, or technical studies required by the
Development Authority to consider the application; and
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g. a written statement including:
i.
the reason for the application;
ii.
how the amendment aligns with approved statutory plans, non-
statutory plans, and Council policies; and
iii.
the relationship of the amendment to statutory plans, non-
statutory plans, and Council policies under preparation.
11.2.3Where the Development Authority requires any technical study or
assessment, all submitted documents are to be prepared by a qualified
registered professional in their respective field. All submitted documents shall
include certification by the professional who prepared the document.
11.2.4When an application proposing an amendment to the Bylaw applies to lands
that are not subject to a statutory plan, Council should consider whether a
statutory plan should be required prior to approving the application.
SECTION 11.3 PROCESSING A BYLAW AMENDMENT
11.3.1Upon receipt of an application to amend this Bylaw the Development
Authority shall:
a. confirm with the applicant that the application was received;
b. initiate a review and analysis of the proposed amendment;
c. forward a copy of the application to all relevant departments and
agencies, internal or external;
d. determine if a public meeting or other means of public consultation is
required, at the sole cost of the applicant;
e. prepare a detailed Council report including maps and other materials
relevant the Bylaw amendment to Council;
f.
provide a recommendation on the proposed Bylaw amendment;
g. notify the applicant of the date the application will be considered by
Council. The notification shall include:
i.
the date and time of the Council Meeting; and
ii.
procedures for appearing before Council to speak to the
application.
11.3.2Following consideration of an application to amend this Bylaw Council may:
a. refuse the application;
b. table the application for further information;
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c. pass first reading to amend this Bylaw; or
d. pass first reading of an alternative amendment to this Bylaw.
11.3.3In accordance with the MGA, prior to second reading of the proposed Bylaw,
Council shall:
a. provide written notification of the proposed Bylaw amendment
application;
b. publicly advertise the proposed application; and
c. conduct a Public Hearing.
11.3.4Council, in considering a proposed Bylaw application, shall:
a. consider the written comments and recommendations by the
Development Authority and;
b. consider proposed amendment content and supporting documents.
11.3.5In accordance with the MGA, Land Use Bylaw amendments shall be
implemented by Bylaw after three readings by Council.
11.3.6All amendments to this Bylaw shall conform with the Village of Boyle
Municipal Development Plan and other adopted statutory plans and non-
statutory plans.
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Definitions | 72
PART 12:DEFINITIONS
LAND USE DEFINITIONS
Abattoir means a licensed facility used for butchering or slaughtering animals and
the processing of meat and other animal by-products. May include retail sales
related to the principal use.
Accessory Building means a secondary building that is subordinate and incidental
to the principal building, located on the same parcel. Where a structure is
attached to a principal building on a parcel it is to be considered part of the
principal building and is not an Accessory Building.
Aerodrome means the existing Village of Boyle Aerodrome and buildings and
uses considered accessory to the Aerodrome.
Agriculture means a use for agricultural purposes that support the production of
crops or livestock. Does not include Abattoir.
Agricultural Equipment Sales and Service means a use for the sale and
servicing of agricultural equipment such as machinery and supplies. May include
Offices, retail sales, and display areas related to the principal use.
Apartment means a building containing three or more dwelling units having a
shared entrance.
Artisan Studio means a use for the production of art and artisan goods by
individuals. May include Instruction Facility and retail sales related to the
principal use.
Assisted Living Facility means a building or group of buildings, operated for the
purpose of providing live-in accommodation to people who require a wide range of
support services. May require onsite varying professional and medical support for
daily living. May include seniors housing, hospice, group homes, or boarding homes
for children.
Auto Sales and Service means a use for the sales, servicing or repair of motor
vehicles. May include a Car Wash and retail sales related to the principal use.
Backyard Suite means a subordinate and self-contained dwelling unit, located on
a parcel within an accessory building.
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Bed and Breakfast means a use for the temporary sleeping accommodations
contained within an owner-occupied Single-Detached Dwelling, with or without
meals provided to registered guests.
Brewery, Winery, Distillery means a use for the production and retail sale of
beer, wine, spirits, or other alcoholic beverages licensed by the province. May
include tasting rooms, Eating and Drinking Establishments, indoor storage,
packaging, bottling, canning and shipping. May also include retail sales related to
the principal use.
Bulk Fuel Sales means a use for the bulk storage, sales and distribution of fuel for
motor vehicles.
Campground means a use for temporary, seasonal accommodation of recreational
vehicles and tents. May include permanent buildings or structures that support
the campground including outdoor shelters, kitchen facilities, toilet or shower
facilities.
Cannabis Production Facility means a use for the growing, production, labelling,
packaging, storing and transporting of cannabis regulated by federal legislation.
Does not include the growing of cannabis by an individual for personal use and
consumption.
Cannabis Store means a use licensed by the province for the retail sale of
cannabis and cannabis accessories for offsite consumption. Does not include the
production of cannabis products.
Car Wash means a use for the washing or cleaning of vehicles. May include retail
sales related to the principal use.
Cemetery means a use for the entombment or interment of the deceased, and
buildings or activities related to the principal use.
Child Care Facility means a use licensed by the province which provides for the
care, education and supervision of children. May include daycare centres, nursery
schools, kindergartens, playschools, or after-school care. Does not include Day
Home.
Commercial means a use for:
a. Food production;
b. Horticulture cultivation and sales;
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c. Indoor or outdoor display areas related to the principal use;
d. Offices associated with the principal use;
e. Sales, rental, or repair of commercial goods and services;
f.
Small scale manufacturing of goods that do not produce any negative external
impacts (e.g. noise or odour); or
g. Associated buildings and activities related to the principal use.
but does not include Agriculture.
Convenience Retail means a use that allows for the retail sales of merchandise
sales that sells fresh or packaged food, or daily household goods. May include the
preparation of food and non-alcoholic beverages for offsite consumption.
Crematorium means a use for the incineration of deceased people or domestic
pets.
Day Home means an accessory use to a Single-Detached Dwelling used to
provide care and supervision in accordance with the applicable provincial legislation.
This use shall not be approved as a Home Occupation.
Duplex/Semi-Detached means a building containing 2 dwelling units sharing a
common wall either side-by-side or one above the other, each unit having individual
exterior entrances.
Eating and Drinking Establishment means a use where food is prepared and
sold to the general public. May include a restaurant, café, or pub, and may have
take-out windows. This use may be licensed by the Alberta Gaming Liquor &
Cannabis Commission.
Eating Establishment, Drive-Through means a use where food is prepared and
sold to the general public that includes rapid food pickup service through one or
more ordering windows.
End of Life Care means a use that provides for the arrangement and holding of
funerals, or the preparation of the dead for burial or cremation. Does not include
Crematorium unless located in the Industrial (IND) District.
Entertainment Establishment means a use that provides indoor entertainment to
the public. May include movie theatres, billiards, arcades, bowling alleys, museums,
and dance, Eating and Drinking Establishments, or music theatres. This use
may be licensed by the Alberta Gaming Liquor & Cannabis Commission.
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Fascia Sign means a sign that is attached to and parallel to an exterior building
wall.
Freestanding Sign means a sign that has independent supports fixed to the
ground, and is not connected to any other building or structure.
Fitness Studio means a space where equipment or instruction is provided for
people to pursue personal fitness or physical activity that may include the incidental
retail sale of products relating to the service provided.
Health Care Services means a use that provides physical and mental health
services and treatment to people, where overnight accommodation is not provided.
May include but is not limited to clinics, doctor or dentist offices, pharmacies,
physical or mental therapy services, naturopathic or holistic services.
Health Services Laboratory means a use where the following activities may
occur:
a. bodily samples are tested;
b. medical assessments and research are conducted; or
c. prosthetics, dental aids or medical devices are developed, serviced or fitted.
Home Occupation, Minor means a low impact business operated as an accessory
use to the principal use, located on a parcel with a dwelling, which does not
change the character of the building. Must not create dust, noise, odour or smoke
of an offensive nature.
Home Occupation, Major means a moderate impact business as an accessory
use to the principal use, located on a parcel with a dwelling, which does not
change the character of the building. Must not create dust, noise, odour or smoke
of an offensive nature.
Hospital means a use that provides medical care and treatment to people,
including outpatient services, where overnight accommodation may be provided.
May include Health Care Services.
Hotel, Motel means a use for providing temporary sleeping accommodation in
guest rooms or suites. May include an Eating and Drinking Establishment,
meeting rooms, event spaces, and Fitness Facility.
Industrial means a use for:
a. Agricultural support services;
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b. Fleet services;
c. Food Production;
d. Horticulture cultivation and sales;
e. Industrial trades;
f.
Manufacturing, processing, packaging, assembly and shipping and distribution
goods;
g. Recycling depots;
h. Research or development;
i.
Sales or rentals;
j.
Servicing, repair, or testing of materials and equipment;
k. Self-storage;
l.
Training facilities for trades or industry;
m. Warehousing, or
n. Vehicle body repair.
and may include Outdoor Storage related to the principal use; and/or Offices
and administration related to the principal use but does not include an Abattoir,
Agriculture or Cannabis Production Facility.
Instructional Facility means a use which provides public or private instruction,
education or training.
Liquor Store means a use licensed by the Alberta Gaming Liquor & Cannabis
Commission for the sale of alcoholic beverages for offsite consumption.
Manufactured Dwelling means a prefabricated dwelling unit arriving site-ready
on wheels and chassis for occupancy. A Manufactured Dwelling may be supported
on a permanent foundation. All Manufactured Dwellings must meet the standards
of the Canadian Standards Association (CSA), as amended. Does not include
recreational vehicles.
Marquee or Canopy Sign means a sign placed on a marquee or canopy.
Monument Sign means a low-profile sign that has independent supports fixed to
the ground, and is not connected to any other building or structure. Monument
Signs may advertise a business, residential buildings, or neighbourhoods.
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Multi-Attached Dwelling means a building containing three or more dwelling
units separated by common walls, located on a single parcel with each dwelling
unit having an individual exterior entrance. May include townhouses, rowhouses,
triplexes or fourplexes.
Mural Sign means a sign that is painted or sculpted onto the exterior of a building
or structure.
Office means a building for professional, government, managerial, administrative,
financial, business support or consulting services. May include retail sales activity
related to and incidental to the principal use.
Outdoor Storage means a use for storing goods or materials or equipment outside
of a building, as an accessory use to a principal use.
Parks and Playgrounds means a use for recreational purposes by the public. May
include playgrounds, picnic areas, outdoor open spaces, spray parks, skateboard
parks, fields, outdoor skating rinks, baseball diamonds, disc golf, paths and trails,
and other similar facilities.
Pet Services means a use for the care of domestic pets. May include grooming,
exercising, training, daycare, or retail sales related to the principal use.
Portable Sign means a sign not permanently fixed to the ground, or on a building
or structure, and is capable of being relocated to other areas. May include but is
not limited to a-frame, t-frame, flag, or changeable letter signs.
Projecting Sign means a sign that projects outward from the exterior wall of a
building.
Public Assembly means a use where the public can assemble for education,
instruction, culture, religion, or communal activity. May include municipal or
government services. May include Offices or accessory buildings related to the
principal use.
Public Services means a use where municipal or government services are provided
to the public. May include police or emergency services, municipal or government
services, or public works yards. May include Offices, equipment or materials
storage, or facilities related to the principal use.
Recreation Facility means a use for recreation, athletic and leisure activities. May
include an Eating and Drinking Establishment, Fitness Facility, Health Care
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Services, Public Assembly, meeting rooms, administrative areas, arenas,
swimming pools, or indoor or outdoor sports facilities, on the same parcel.
Retail and Consumer Service means as use for the sale, rental, repair, or small-
scale production of consumer goods and services, or the retail sales and services
related to the care and appearance of a person. Does not include Cannabis Store
or Liquor Retail.
Secondary Suite means a subordinate, self-contained dwelling unit located within
the principal dwelling unit.
Service Station means a use for selling gasoline, diesel or other automotive fluids.
May include traveller amenities such as Car Wash, Convenience Retail, Eating
and Drinking Establishments, washrooms or shower facilities, or retail sales
associated with the principal use. Does not include Bulk Fuel Stations.
Single-Detached Dwelling means a dwelling consisting of one dwelling unit.
Transportation Service means a use that provides transportation services to
people, or to transport goods, documents and packages. May include transit
services, taxis, limousine services or courier services.
Veterinary Clinic means a use for the medical care and treatment of domestic
pets and livestock. May include retail sales associated with the principal use.
Window Sign means a sign placed on a window that is visible from the exterior of
the building.
ADMINISTRATIVE DEFINITIONS
Accessory Use means a use that is incidental and subordinate to the principal
use on the same site.
Adjacent means land that is contiguous to a parcel of land that is being subdivided
or re-designated and includes land that would be contiguous if not for a highway,
road, river or stream.
Amenity Area means a space designed for active or passive recreation on the same
parcel as the residential building.
Balcony means a platform attached to and projecting above the first floor of a
building for use as an outdoor amenity area.
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Basement means the portion of a building which is wholly or partially below
grade.
Building(s) means anything constructed or placed on, in, over, or under land but
does not include a highway or a road or a bridge forming part of a highway or
road.
Building Frontage means the portion of a building facing a street. Buildings
facing multiple streets may have multiple frontages.
Bylaw Enforcement Officer means a person or persons appointed by Council
responsible for compliance and enforcement as established in the Bylaw
Enforcement Officer Bylaw.
Corner Parcel means a parcel located at the intersection of two streets or
highways. For the purposes of this definition, a street or highway shall not
include a lane.
Council means the Council of the Village of Boyle.
Deck or Patio means an uncovered structure with a surface height greater than
0.6 metres above grade that is intended for as an outdoor space. Does not include
a balcony.
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 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 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,
as defined in the MGA.
Development Authority means the Development Authority established by this
Bylaw.
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Development Officer means in accordance with the MGA, people appointed by
Council responsible for processing applications for development permits including
issuing decisions and enforcing the provisions of this Bylaw.
Development Permit means in accordance with the MGA, a permit that is issued
under the Village of Boyle Land Use Bylaw and authorizes a development.
Digital Messaging means the component of a sign that is a digital display.
Directional Sign means a sign for the purpose of directing people to a location or
notice of caution on a site.
Discretionary Use means use of land or a building provided for in this Bylaw for
which a development permit may only be issued, with or without conditions, at
the discretion of the Development Authority.
Domestic Pet means small animals which are normally kept as companions or as
household pets such as dogs, cats and other similar animals. This does not include
wildlife, fowl or livestock.
Dwelling or Dwelling Unit means a building or portion of a building intended for
permanent or semi-permanent residence containing kitchen facilities, living,
sleeping, and sanitary facilities.
Excavation, Soil Importing, Removal, or Stockpiling means development
where the topography of a site is altered, typically prior to construction. May include
removing vegetation, re-grading, stripping of topsoil, or other similar activities. Does
not include cultivation associated with Agricultural operations.
Façade means the exterior wall of a building.
Front Boundary means the boundary line of a parcel that is adjacent to a street.
Front Yard Setback means a yard extending across the full width of a parcel from
the front boundary to the nearest wall of the principal building situated on the
parcel.
Grade means the average level of elevation at the finished ground surface at the
corners of a site or at the foundation, as determined by the Development
Authority.
Gross Floor Area means the total floor area of a building measured from the
outside surface of the exterior wall, and includes all floors totally or partially above
grade level.
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Hard Landscaping means any non-vegetation element used to enhance a parcel.
May include but is not limited to pavement, brick, paving stones, tile, shale,
sculptures, or rock. Does not include driveways or vehicle parking pads.
Height means the vertical distance measured from the grade of a building or
structure to the highest point of the building or structure. Does not include any
device or feature not structurally essential to the building or structure.
Highway means Highway 63, 663 and 831, and any other highway as defined in
provincial enactments.
Home Office means an accessory use to a dwelling unit which is used to
operate a business by the resident(s) of the dwelling unit, fully contained within
the dwelling unit, with no external impacts. Does not allow for visits to the site,
Outdoor Storage, signage, or employees not residing in the dwelling unit.
Land and Property Rights Tribunal means a quasi-judicial tribunal that makes
decisions about land use planning, property assessment and compensation disputes
involving land expropriations and surface leases as established through the Land and
Property Rights Tribunal Act.
Landscaping means creating a desired condition on a parcel by combining
vegetation with existing features and/or introduced elements. May include hard
landscaping or soft landscaping or a combination thereof.
Lane means a secondary public thoroughfare providing access to a site normally to
the rear or side.
Livestock means livestock as defined in provincial enactments, including poultry,
horses, cattle, sheep, swine, goats, bison, fur-bearing animals or bees raised in
captivity.
Marquee or Canopy means a structure that is attached to and projecting from a
building and provides shelter from the weather.
Maintenance, Renovation or Repair means any update or repair to a building or
structure that does not include structural alterations or result in a change of use
or intensity of a use in a building.
Manufactured Home Park means a parcel that is divided into manufactured
dwelling stalls, to allow for the placement and occupancy of Manufactured
Dwellings.
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Manufactured Dwelling Stall means the area allocated for the placement of one
Manufactured Dwelling in a manufactured home park.
Mixed-Use Building means a building designed to accommodate a mix of uses,
listed in a district, on one parcel.
Modular Building means a building consisting of one or more parts constructed
offsite, that meets the standards of the Canadian Standards Association (CSA) A277.
A modular building is transported to site and permanently assembled. A modular
building is supported by a permanent foundation. This definition does not include a
Manufactured Dwelling.
Municipality means the Village of Boyle.
Municipal Government Act / MGA means the MGA, as amended, R.S.A. 2000,
c.M-26.
Municipal Planning Commission means the Municipal Planning Commission of
the Village of Boyle pursuant to the MGA as established by the Municipal Planning
Commission Bylaw, as amended.
Net Floor Area means the portion of the gross floor area that excludes
unoccupied areas including mechanical and utility rooms, stairs, elevators, exterior
balconies, decks or patios, common walkways and floors located fully below grade.
Non-Conforming Building means a building that
a. is lawfully constructed or lawfully under construction on the date this Bylaw or
any amendment thereof affecting the building or the land on which the
building is situated becomes effective; and
b. on the date this Bylaw or any amendment thereof becomes effective does not,
or when constructed will not, comply with this Bylaw,
as defined in the MGA.
Non-Conforming Use means a use
a. being made of land or a building or intended to be made of a building lawfully
under construction at the date a land use Bylaw affecting the land or building
becomes effective; and
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b. that on the date the land use Bylaw becomes effective does not, or in the case
of a building under construction will not, comply with this Bylaw,
as defined in the MGA.
Notice of Completeness, Incompleteness means a notice issued by the Village
of Boyle identifying if an application is complete or incomplete in accordance with
the MGA.
Owner means:
a. in respect of unpatented land, the Crown;
b. in respect of other land, the person who is registered under the Land Titles Act
as the owner of the fee simple estate in the land or any other person(s) having
a legal interest in the land; and
c. in respect of any property other than land, the person in lawful possession of it,
as defined in the MGA.
Parcel means:
a. where there has been a subdivision, any lot or block shown on a plan of
subdivision that has been registered in a land titles office;
b. where a building affixed to the land that would without special mention be
transferred by a transfer of land has been erected on 2 or more lots or blocks
shown on a plan of subdivision that has been registered in a land titles office, all
those lots or blocks; and
c. a quarter section of land according to the system of surveys under the Surveys
Act or any other area of land described on a certificate of title,
as defined in the MGA.
Parcel Area means the total area of the parcel enclosed within the boundaries of
the parcel.
Parcel Coverage means the cumulative coverage of all buildings on a parcel.
Excludes accessory buildings that are 10.0 m² or less provided they are
moveable.
Parcel Width means the horizontal distance between parcel lines measured
perpendicular to the centre of the front line.
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Permitted Use means a use of land or building provided for in this Bylaw for which
a development permit shall be issued, with or without conditions, if the proposed
development complies in all respects with this Bylaw.
Principal Building means a building which:
a. Occupies the major or central portion of a site;
b. Is the chief or main building among one or more buildings on a site; or
c. Constitutes the primary use for which the site is used.
Principal Use means a use which constitutes the primary purpose of the site.
Projection means any portion of a building which extends beyond a:
a. wall;
b. roof; or
c. yard setback.
Property Line means the boundary that legally defines a parcel.
Rear Boundary means the boundary line of a parcel that is opposite the front
boundary.
Rear Yard Setback means a yard extending across the full width of a parcel,
extending between the rear boundary and the nearest wall of a building situated
on the parcel.
Recreational Vehicle means a vehicle or portable structure designed and built to
be transported on its own wheels. Typical examples include tow-behind campers,
tent trailers, and motor homes. Does not include Manufactured Dwelling.
Road means land:
a. shown as a road on a plan of survey that has been filed or registered in a land
titles office, or
b. used as a public road, and includes a bridge forming part of a public road and
any structure incidental to a public road,
as defined in the MGA.
Screening means the total or partial concealment of a development or use. May
include a berm, fence, vegetation or wall, or combination thereof.
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Setback means the minimum distance between a building or structure and a
property line as identified in a district or elsewhere in the Bylaw.
Side Boundary means the boundary line of a parcel connecting the front
boundary with the rear boundary.
Side Yard Setback means a yard between a building and the side boundary of a
parcel, extending from the front boundary to the rear boundary, the width of
which is the distance from the nearest point on a building to the side boundary.
Sign means a structure that may include words, letters, pictures, symbols, or
representation, used as an advertisement, announcement or direction.
Sign Area means the total surface area of a sign measured to the outside edge of
the frame or border of the sign. In the case of a sign composed of individual letters
or symbols, the sign area shall be calculated as the area enclosing the letters or
symbols. In the case of a multi-faced sign, up to two sides of the sign shall be
counted to the sign area.
Similar Use means a use that is not identified in this Bylaw but is considered by
the Development Authority to be similar in character and purpose to another
listed use.
Site means a parcel, a part of a parcel, or a number of abutting parcels which
are considered for a single use or a mixture of uses, which is owned or managed as
a single unit.
Site Area means the total area of a site.
Soft Landscaping means any vegetation used to enhance a parcel. May include
but is not limited to grass, trees, shrubs, flower beds, or xeriscaping.
Statutory Plan means:
a. an intermunicipal development plan;
b. a municipal development plan;
c. an area structure plan; and
d. an area redevelopment plan,
as defined in the MGA, and adopted by the Village of Boyle.
Storey means the space between the top of any floor and the ceiling above it.
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Structure means a building 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, as defined in the MGA.
Structural Alterations means the addition to, deletion from, or change to any
building that requires a permit pursuant to the Safety Codes Act, as amended.
Subdivision means the division of a parcel of land by an instrument, as defined in
the MGA.
Subdivision Authority means people appointed by Council responsible for
processing applications for subdivision, in accordance with the MGA.
Subdivision and Development Appeal Board means an appeal board established
by Council by the Subdivision and Development Appeal Board Bylaw, pursuant to
the MGA.
Temporary Sign means a sign intended for temporary advertisement and is not
permanently fixed to a building or structure.
Use(s) means a permitted use or discretionary use listed in a district of this
Bylaw.
Utility Facility means a development for the operation, maintenance, or
administration of a public utility as defined in the MGA.
Variance means a limited exception to a specific rule defined in this Bylaw that is
requested in a development permit application.
Appendix A
Land Use Maps