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City of Brooks
Land Use Bylaw
14/12
Consolidated to Bylaw 26/027, May 2026
Prepared by
City of Brooks Land Use Bylaw No. 14/12 Amendments - Page 1
City of Brooks Land Use Bylaw No. 14/12 - Amendments
Bylaw No.
Amendment Description
Legal Description
Passed
14/16
Change "home occupation 2" from permitted to
discretionary in the following districts:
(R-SL) (R-HD) (R-MH) (R-MP);
Add definition for "established";
Add the use "funeral services" in C-C district
17-Nov-2014
14/17
"Residential High Density (R-HD)" to "Commercial
Central (C-C)"
Lot 31-32, Block 10, Plan 4012X
17-Nov-2014
14/18
"Commercial General (C-G)" to "Direct Control (DC)";
Amend "Section 8: Site Specific Direct Control
Standards"
Block 1, Plan 8411174
17-Nov-2014
14/19
"Future Urban Development (FUD)" to "Industrial Light
(I-L)"
Lot 1, Block 30, Plan 5111FW
17-Nov-2014
14/23
Add "Section 13: Secondary Suites" to Schedule 4;
Add "secondary suites" as a discretionary use;
Add definition for "secondary suites"
17-Feb-2015
15/01
Amend "Residential High Density (R-HD)" district to
change the minimum width for semi-detached, duplex
and triplex dwelling unit development and reduce the
minimum lot size for corner lots
20-Apr-2015
15/15
Added use specific standards for Medical Marihuana to
Schedule 4
15-Jun-2015
15/16
Added Definition for Medical Marihuana
6-Jul-2015
15/17
Added definition for driveway and pie-shaped lots and
standards for regulation of driveway widths
5-Oct-2015
16/05
Revise definition for Dwelling subsection (d) in Schedule
6
18-Apr-2016
16/17
Various text amendments regarding Secondary Suites
7-Nov-2016
16/18
Various text amendments to regulate and process
Home Occupation-2
7-Nov-2016
16/21
"Residential Single-Detached (R-SD)" to "Public and
Quasi-Public Service (P-PS)
Change all instances of the abbreviation (P-QS) to (P-PS)
Lot 1MR, Block 5, Plan 0512323
19-Dec-2016
17/12
Various text amendments to regulate and process
Breweries, Wineries and Distilleries
21-Aug-2017
17/13
"Residential Single-Detached (R-SD)" to "Residential
Low Density (R-LD)"
Lot 19, Block 1, Plan 3661FC and Lot 20, Block
1, Plan 3661FC
6-Nov-2017
18/09
"Residential: R-HD: High Density" to "Commercial: C-N:
Local Neighbourhood"
Lot 5, Block F, Plan 2230JK
(Amended by Bylaw 19/11 1-Apr-2019)
17-Dec-2018
18/10
Replace Section 17 "Parking and Loading", 17.2(2)
Minimum off-street parking requirements: Non-
residential uses with a new table
7-May-2018
18/11
Amend Schedule 6 to clarify definitions including, but
not limited to, stating that retail cannabis stores are not
included in current uses, Retail Establishment - Major or
Retail Establishment - Minor
7-May-2018
City of Brooks Land Use Bylaw No. 14/12 Amendments - Page 2
Bylaw No.
Amendment Description
Legal Description
Passed
18/18
Amend Schedule 3, Section 10.7 with regards to the
Public Notice requirements in the Interface Area
20-Aug-2018
18/19
Various text amendments regarding Personal Cannabis
Cultivation, Retail Cannabis Stores and Cannabis
Production Facilities
4-Sep-2018
19/05
"Commercial General: C-G" to "Industrial Light (I-L)";
No Zoning to "Industrial Light (I-L)";
No Zoning to "Commercial General (C-G)"
Lot 2, Block 3, Plan 0312117;
Portion of the road adjacent to Lot 2, Block 3,
Plan 0312117;
Portion of the closed road adjacent to Lot 1,
Block 3, Plan 0312117
4-Feb-2019
19/07
Amend the table for setback requirements in the
"Residential Low Density (R-LD) district
19-Feb-2019
19/11
Amend legal description of Bylaw 18/09 from "Lot 5" to
"Lot 15"
Lot 15, Block F, Plan 2230JK
1-Apr-2019
20/09
Update the Administration Section to align with the
Municipal Government Act, to add clearer regulations
for the subdivision and development process, to clarify
notification requirements, to better define mobile
vendors and to generally improve the organization and
functionality of the Land Use Bylaw
4-May-2020
20/19
"Residential Low Density - R-LD" to "Commercial
Neighbourhood - C-N"
Lot 19, Block 3, Plan 9710398
8-Sept-2020
20/20
"Residential High Density - R-HD" to "Commercial
General - C-G"
Lot 2, Block 15, Plan 3230AM
8-Sept-2020
20/21
"Light Industrial - I-L" to "Commercial General - C-G"
Lot 2, Block 3, Plan 731352
21-Sept-2020
20/22
Consolidate and clarify the use definitions, to generally
expand the types of uses under the permitted versus
discretionary category within all Land Use Districts, and
to make small text changes to streamline the
development permit process.
21-Dec-2020
21/05
Amendment to clarify that political poster signs cannot
be posted more than 60 days before an election or
plebiscite
16-Feb-2021
21/07
"Future Urban Development - FUD" to "Residential
Single-Detached - R-SD"
Block 2, Plan 8411174
15-Mar-2021
21/13
"Future Urban Development - FUD" to
"Direct Control - DC"
Block 3, Plan 8411174
7-June-2021
21/17
"Residential Single-Detached - R-SD" to
"Residential Small Lot - R-SL"
Lot 1, Block 6, Plan 8530FL
within SE 31-18-14 W4M
7-Sept-2021
Updated Appendix B - Fees
December 1, 2021
22/03
Amendment to update the signage standards and to
redefine existing regulations to align with industry
practice, provide clarity and streamline the development
permit process.
7-Feb-2022
City of Brooks Land Use Bylaw No. 14/12 Amendments - Page 3
Bylaw No.
Amendment Description
Legal Description
Passed
22/05
Add definition of "Kenneling" to Schedule 6
Addition of "Kenneling" to Industrial Light (I-L), Industrial
General (I-G) and Industrial Heavy (I-H) as Discretionary
Use to Schedule 2.
Addition of Off-Street Parking Requirements for
"Kenneling" to Schedule 3.
Addition of "Kenneling" to Schedule 4.
19-Sept-2022
22/14
Amend Schedule 6 definition of "Kenneling".
Amend Schedule 4, Section 97.2(3) General
Requirements.
Amend Schedule 4, Section 97.3(1) Development
Requirements.
5-Dec-2022
22/17
No Designation to "General Commercial (C-G)"
Portion of Centre Street within Plan 9512478
lying north of the easterly projection of the
southern boundary of Lot 2, Block 3, Plan
9512478
16-Jan-2023
Update Appendix A Telecommunication Siting Protocol Application & Checklist Form
30-Jun-2023
23/13
"Residential Single-Detached (R-SD)" to "Direct Control
(DC)
Amend Direct Control district Section 8: Site Specific
Direct Control Standards.
Block 2, Plan 841174
4-Jul-2023
Update Appendix B Fees
19-Jul-2023
23/15
"Commercial General (C-G)" to "Residential High Density
(R-HD)"
Lot 4, Block 4 and Lot 4, Block 1, Plan 1711387
4-Dec-2023
23/17
"Directo Control (DC)" to "Commercial General (C-G)"
A portion of SW ¼ 3-19-14-W4M
5-Feb-2024
24/03
"Residential Single-Detached R-SD" to "Residential High
Density (R-HD)
Lot 16, Block 13, Plan 0613077
Defeated at
2nd Reading
24/10
"Residential Low Density (R-LD)" to "Residential High
Density (R-HD)"
Lots 22-23, Block 4, Plan 0712061
Defeated at
2nd Reading
24/12
"Residential Single-Detached R-SD" to "Residential High
Density (R-HD)
Lots 18-23, Block 4, Plan 0712061
6-May-2024
24/16
Amend multi-unit residential development to expand the
development options for secondary suites.
Clarifying terms and definitions related to the residential
districts and use specific criteria.
Addition of new residential district for medium density
development.
Addition of definitions for Cluster Housing and Multiple
Unit Residential Development.
17-Jun-2024
24/19
"Industrial Light (I-L)" to "Commercial General (C-G)"
Lot 4, Block 2, Plan 731352
15-Jul-2024
City of Brooks Land Use Bylaw No. 14/12 Amendments - Page 4
24/20
"Residential Low Density (R-LD)" to "Residential Medium
Density (R-MD)"
Lots 11-28, Block 7, Plan 0511404 (216-250 17
Street E)
Lots 2-28, Block 8, Plan 0511404 (304-356 17
Street E)
Lots 12-17, Block 2, Plan 9610719 (11-21
Garrow Cres E)
Lots 21-25, Block 2, Plan 9610719 (27-35
Garrow Cres E)
Lots 6-7, Block 4, Plan 7386JK (31 Oak Ave W)
15-Jul-2024
24/25
Public Recreation and Open Space (P-OS) to Public and
Quasi-Public Service (P-PS)
Lot 1, Block 12, Plan 0313610
21-Oct-2024
Update Appendix B - Fees
1-Nov-2024
24/32
Residential High Density (R-HD) to Commercial General
(C-G)
Lot 1, Block 6, Plan 0512323
2-Dec-2024
25/08
Residential Single Detached (R-SD) to Residential
Medium Density (R-MD)
Lot 1, Block 1, Plan 9512251
18-Feb-2025
25/11
Public Recreation and Open Space (P-OS) to Commercial
General (C-G)
Portion of NE ¼-33-18-14-W4M
5-May-2025
25/19
"Direct Control (DC)" to "Commercial General (C-G)" and
"Public Recreation and Open Space (P-OS)
Portion of SE ¼ 4-19-14-W4M
7-Jul-2025
25/21
"Residential Detached (R-SD)" to "Residential Low
Density (R-LD)"
Lot 20, Block 4, Plan 4215JK
6-Oct-2025
25/22
"Public Recreation and Open Spaces (P-OS)" to "Public
and Quasi-Public Service (P-PS)
Block 2, Plan 9311193
6-Oct-2025
Update Appendix B - Fees
1-Jan-2026
Update Appendix B - Fees
3-Feb-2026
26/004
To define the Subdivision Authority and redefine the
Development Authority and its role in decision making by
amending "Municipal Planning Commission" to
"Development Authority"
23-Mar-2026
26/021
"Residential Single Detached (R-SD)" to "Residential
Medium Density (R-MD)"
Lot 2, Block K, Plan 2511566
13-Apr-2026
26/022
"Future Urban Development (FUD)" to "Residential High
Density (R-HD)"
Block Q, Plan 2342GO
13-Apr-2026
26/027
Addition of "Data Centre" to Schedule 2 as Discretionary
Use in the Industrial Light (I-L), Industrial General (I-G),
and Industrial Heavy (I-H) land use districts.
Addition of "Business Support Services" as a
Discretionary Use in the Commercial Central (C-C),
Commercial General (C-G), Industrial Light (I-L), and
Industrial General (I-G) land use districts.
Addition of "Data Centre" and "Business Support
Services" to Schedule 6 Definitions.
Addition of "Data Centre" to Schedule 3, Section 73
Parking and Loading.
Addition of "Data Centre" to Schedule 4.
25-May-2026
City of Brooks Land Use Bylaw No. 14/12
Table of Contents | i
TABLE OF CONTENTS
ADMINISTRATION
PART 1: PURPOSE AND APPLICATION
Section 1
Title ............................................................................... Administration | 1
Section 2
Purpose .............................................................................................. | 1
Section 3
Effective Date ..................................................................................... | 1
Section 4
Repeal of Former Bylaw ..................................................................... | 1
Section 5
Severability ......................................................................................... | 1
Section 6
Applicability ........................................................................................ | 1
Section 7
Compliance with Other Legislation ..................................................... | 2
Section 8
Rules of Interpretation ........................................................................ | 2
Section 9
Measurements and Standards ............................................................ | 2
Section 10
Definitions .......................................................................................... | 2
Section 11
Forms and Fees ................................................................................. | 2
Section 12
Appendices ........................................................................................ | 3
PART 2: APPROVING AUTHORITIES
Section 13
Development Authority .................................................. Administration | 3
Section 14
Development Officer - Powers and Duties ......................................... | 3
Section 15
Subdivision Authority .......................................................................... | 4
Section 16
Subdivision and Development Appeal Board (SDAB) ......................... | 4
Section 17
Council ............................................................................................... | 5
PART 3: PRIMARY REQUIREMENTS OF DEVELOPMENT AND SUBDIVISION
Section 18
Establishment of Land Use Districts .............................. Administration | 5
Section 19
Use of Land ........................................................................................ | 6
Section 20
Suitability of Sites ............................................................................... | 6
Section 21
Number of Dwelling Units on a Lot ..................................................... | 7
Section 22
Removal, Replacement and Placement of Buildings ........................... | 7
Section 23
Non-Conforming Buildings and Uses .................................................. | 7
Section 24
Non-Conforming Lot Sizes .................................................................. | 8
Section 25
Non-Conforming Lot Variances .......................................................... | 8
Section 26
Development Agreements .................................................................. | 8
PART 4: DEVELOPMENT PERMIT RULES AND PROCEDURES
Section 27
Development Permit ...................................................... Administration | 9
Section 28
Development Not Requiring a Development Permit ........................... | 10
Section 29
Development Permit Applications ...................................................... | 11
PART 1 | ii
City of Brooks Land Use Bylaw No. 14/12
Section 30
Determination of Complete Development Permit Application ............ | 13
Section 31
Permitted Use Applications ................................................................ | 14
Section 32
Discretionary Use Applications .......................................................... | 15
Section 33
Direct Control District Applications ..................................................... | 16
Section 34
Similar and Prohibited Uses .............................................................. | 17
Section 35
Variance to Bylaw Provisions ............................................................ | 17
Section 36
Limitations on Variance Provisions .................................................... | 18
Section 37
Notification of Adjacent Landowners and Persons
Likely to be Affected ........................................................................... | 18
Section 38
Notice of Decision ............................................................................. | 19
Section 39
Failure to Make a Decision ................................................................ | 20
Section 40
Commencement of Development ...................................................... | 20
Section 41
Development Permit Validity .............................................................. | 20
Section 42
Transferability of Development Permit ............................................... | 21
Section 43
Reapplication for a Development Permit ............................................ | 21
Section 44
Suspension or Cancellation of a Permit ............................................. | 21
PART 5: SUBDIVISION RULES AND PROCEDURES
Section 45
Subdivision in General ................................................. Administration | 22
Section 46
Subdivision Applications ................................................................... | 23
Section 47
Incomplete Subdivision Applications ................................................. | 24
PART 6: ENFORCEMENT AND APPEALS
Section 48
Designated Officers ..................................................... Administration | 24
Section 49
Subdivision and Development Appeals ............................................ | 24
Section 50
Contravention of the Land Use Bylaw ............................................... | 25
Section 51
Notice of Violation ............................................................................ | 26
Section 52
Stop Orders ...................................................................................... | 26
Section 53
Penalties and Right of Entry ............................................................. | 27
PART 7: AMENDMENTS TO THIS BYLAW
Section 54
Amendment or Repeal of Bylaw .................................. Administration | 27
Section 55
Land Use District Redesignation ...................................................... | 28
SCHEDULE 1: LAND USE DISTRICTS MAP
SCHEDULE 2: LAND USE DISTRICTS
Preamble ................................................................................. Districts | 1
Residential Single-Detached (R-SD) ...................................... Districts | 3
Residential Small Lot (R-SL) .............................................................. | 9
City of Brooks Land Use Bylaw No. 14/12
Table of Contents | iii
Residential Low Density (R-LD) ........................................................ | 13
Residential Medium Density (R-MD) .................................................. | 19
Residential High Density (R-HD) ...................................................... | 25
Residential Manufactured Home (R-MH) ........................................... | 31
Residential Manufactured Home Park (R-MP) .................................. | 37
Commercial Central (C-C) ................................................................ | 43
Commercial General (C-G) ............................................................... | 47
Commercial Neighbourhood (C-N) ................................................... | 51
Industrial Light (I-L) .......................................................................... | 55
Industrial General (I-G) ..................................................................... | 59
Industrial Heavy (I-H) ........................................................................ | 63
Public and Quasi-Public Service (P-PS) ........................................... | 67
Public Recreation and Open Space (P-OS) ...................................... | 71
Direct Control (DC) ........................................................................... | 73
Future Urban Development (FUD) .................................................... | 79
SCHEDULE 3: GENERAL STANDARDS OF DEVELOPMENT
Section 56
Accessory Buildings and Structures ........................ General Standards | 1
Section 57
Access Requirements ......................................................................... | 2
Section 58
Corner Lots ........................................................................................ | 3
Section 59
Design Standards ............................................................................... | 6
Section 60
Exceptions to Building Height ............................................................ | 16
Section 61
Fences, Privacy Walls, and Gates ..................................................... | 16
Section 62
Gateways and Corridors .................................................................... | 16
Section 63
Grading, Excavating, Stripping and Stockpiling ................................. | 20
Section 64
Infill Development .............................................................................. | 21
Section 65
Interface Areas .................................................................................. | 23
Section 66
Landscaping ..................................................................................... | 26
Section 67
Mixed Use Development .................................................................. | 29
Section 68
Moved-in Buildings ........................................................................... | 35
Section 69
Nuisance, Pollution and Hazard Control ........................................... | 36
Section 70
Outdoor Lighting ............................................................................... | 37
Section 71
Outdoor Storage and Display ........................................................... | 38
Section 72
Parking and Loading ......................................................................... | 40
Section 73
Prohibitions ....................................................................................... | 51
Section 74
Projections into Setbacks ................................................................. | 52
PART 1 | iv
City of Brooks Land Use Bylaw No. 14/12
Section 75
Quality of Development .................................................................... | 54
Section 76
Screening ......................................................................................... | 55
Section 77
Site Drainage and Storm Water Management .................................. | 56
Section 78
Statutory and Non-statutory Plans .................................................... | 57
Section 79
Vehicle-oriented Development .......................................................... | 60
Section 80
Personal Cannabis Cultivation .......................................................... | 61
SCHEDULE 4: USE SPECIFIC STANDARDS OF DEVELOPMENT
Section 81
Adult Entertainment Establishments ................. Use Specific Standards | 1
Section 82
Alternative Energy Sources ................................................................ | 1
Section 83
Bed and Breakfasts ............................................................................ | 5
Section 84
Child Care Facilities ........................................................................... | 6
Section 85
Group Care Facilities .......................................................................... | 7
Section 86
Home Occupations ............................................................................. | 9
Section 87
Industrial Performance Standards .................................................... | 13
Section 88
Manufactured Homes and Manufactured Home Parks ..................... | 14
Section 89
Cannabis Production Facilities .......................................................... | 19
Section 90
Modular Homes ................................................................................. | 20
Section 91
Multi-unit Residential Development ................................................... | 21
Section 92
Liquor Stores ..................................................................................... | 26
Section 93
Secondary Suites .............................................................................. | 28
Section 94
Breweries, Wineries and Distilleries ................................................... | 33
Section 95
Cannabis Stores ................................................................................ | 33
Section 96
Kenneling .......................................................................................... | 34
Section 97
Cluster Housing ................................................................................. | 35
Section 98
Data Centre ....................................................................................... | 37
SCHEDULE 5: SIGNAGE STANDARDS
Section 99
Prohibited Signs ..................................................................... Signage | 1
Section 100
General Standards for all Signs .......................................................... | 2
Section 101
Signs Not Requiring a Permit ............................................................. | 4
Section 102
Sign Development Permit Requirements ............................................. | 7
Section 103
Allowable Sign Types in Land Use Districts ........................................ | 8
Section 104
General Sign Definitions ...................................................................... | 9
Section 105
Specific Sign Type Regulations ......................................................... | 13
Section 106
Abandoned Signs and Enforcement .................................................. | 19
SCHEDULE 6: DEFINITIONS
City of Brooks Land Use Bylaw No. 14/12
Table of Contents | v
APPENDICES
Appendix A: Forms
Residential Development Permit Application
Non-residential Development Permit Application
Home Occupation Development Permit Application
Sign Development Permit Application
Telecommunication Siting Protocol Application and Checklist
Demolition Form
Manufactured Home Application/Vacating Notice
Application to Amend the Land Use Bylaw
Appendix B: Fees
Appendix C: Bylaws
Subdivision Authority Bylaw
Development Authority Bylaw
Subdivision and Development Appeal Board Bylaw
ADMINISTRATION
City of Brooks Land Use Bylaw No. 14/12
Administration | 1
ADMINISTRATION
PART 1: PURPOSE AND APPLICATION
SECTION 1
TITLE
1.1
This bylaw may be cited as the "City of Brooks Land Use Bylaw."
SECTION 2
PURPOSE
2.1
The purpose of this bylaw is to, amongst other things:
(a) divide the municipality into districts;
(b) prescribe and regulate the use(s) for each district and the intent and purpose for which
land and buildings may be used;
(c) establish a method for making decisions on applications for development permits and
issuing development permits for a development;
(d) provide the manner in which the notice of decision of a development permit is to be
given; and
(e) implement the City of Brooks Municipal Development Plan and other statutory plans
of the municipality that exist or may be developed.
SECTION 3
EFFECTIVE DATE
3.1
This bylaw shall come into effect upon third and final reading thereof.
SECTION 4
REPEAL OF FORMER BYLAW
4.1
City of Brooks Land Use Bylaw No. 03/30 and amendments thereto are hereby repealed.
SECTION 5
SEVERABILITY
5.1
If any provision of this bylaw is held to be invalid by a decision of a court of competent
jurisdiction, that decision will not affect the validity of the remaining portions.
SECTION 6
APPLICABILITY
6.1
This bylaw shall apply to the entire City of Brooks, being all lands contained within its
corporate boundaries.
6.2
Unless exempt from this bylaw, development shall not commence unless the applicant
has been issued a development permit pursuant to this bylaw.
Administration | 2
City of Brooks Land Use Bylaw No. 14/12
SECTION 7
COMPLIANCE WITH OTHER LEGISLATION
7.1
Compliance with the requirements of this bylaw does not exempt any person undertaking
a development from complying with all applicable municipal, provincial or federal
legislation, and respecting any easements, covenants, agreements or other contracts
affecting the land or the development.
SECTION 8
RULES OF INTERPRETATION
8.1
Unless otherwise required by the context, words used in the present tense include the
future tense, words used in the singular include the plural, and the word person includes
a corporation as well as an individual. The Alberta Interpretation Act, Chapter I-8, RSA
2000, as amended from time to time, shall be used in the interpretation of this bylaw.
8.2
Words have the same meaning whether they are capitalized or not.
8.3
The written regulations of this bylaw take precedence over any graphic or diagram if there
is a perceived conflict.
8.4
The Land Use Districts Map takes precedence over any graphic or diagram in the district
regulations if there is a perceived conflict.
8.5
All references to engineering requirements shall be prepared by an engineer registered
with the Association of Professional Engineers and Geoscientists of Alberta (APEGA).
SECTION 9
MEASUREMENTS AND STANDARDS
9.1
All units of measure contained within this bylaw are expressed in metric form, with
equivalent imperial measure given in parenthesis. Should there be a discrepancy between
the metric and imperial units, the metric version shall prevail.
SECTION 10 DEFINITIONS
10.1
Refer to Schedule 6, Definitions.
SECTION 11 FORMS AND FEES
11.1
For the purposes of administering the provisions of this bylaw, Council may authorize by
separate resolution or bylaw as may be applicable, the preparation and use of such fee
schedules, forms or notices as in its discretion it may deem necessary. Any such fee
schedules, forms or notices are deemed to have the full force and effect of this bylaw in
execution of the purpose for which they are designed, authorized and issued. Application
forms and notices are included in Appendix A. Fees are included in Appendix B.
11.2
The application fee is non-refundable once the application is deemed complete.
11.3
Refund of application fees requires approval of the City Council.
11.4
In any case, where the required fee is not included in Appendix B "Fees", such fee shall
be determined by the Development Officer or other Approving Authority as assigned by
Council and shall be consistent with those fees listed in the Appendix for similar
developments.
City of Brooks Land Use Bylaw No. 14/12
Administration | 3
11.5
If development is commenced without a valid development permit, an additional fee in the
amount prescribed in Appendix B "Fees" shall be payable upon application for the
development permit.
SECTION 12 APPENDICES
12.1
Appendices attached hereto are for information purposes only and may be amended from
time to time as they do not form part of the City of Brooks Land Use Bylaw.
PART 2: APPROVING AUTHORITIES
SECTION 13 DEVELOPMENT AUTHORITY
13.1
The Development Authority is established in accordance with the Development Authority
Bylaw and amendments thereto and consists of:
(a) the Development Officer as a Designated Officer authorized by Council in accordance
with section 210 of the Municipal Government Act (MGA), while carrying out municipal
functions or duties under the Development Authority Bylaw where applicable by
resolution of Council and the MGA; and
(b) Council in Direct Control Districts, unless authority has been specifically delegated by
bylaw or resolution to a Designated Officer.
13.2
In the absence of the Development Officer, the following are authorized to act in the
capacity of Development Officer:
(a) Chief Administrative Officer, or
(b) a designate(s) in accordance with the MGA.
SECTION 14 DEVELOPMENT OFFICER - POWERS AND DUTIES
14.1
The Development Officer is a Designated Officer and is an authorized person in
accordance with sections 210 of the MGA and the Development Authority Bylaw included
in Appendix C.
14.2
The position of Development Officer is hereby established and Council shall, by resolution,
appoint one or more Development Officers.
14.3
The Development Officer:
(a) shall receive all development applications and shall review each application to ensure
that it is complete in accordance with the requirements of this bylaw and the MGA;
(b) shall collect the fees payable for each development permit application in accordance
with Appendix B "Fees" which has been established by resolution of Council;
(c) may require a development permit applicant to supply information other than
prescribed in this bylaw if such information is deemed to be necessary for
consideration of the development application;
Administration | 4
City of Brooks Land Use Bylaw No. 14/12
(d) shall not process a development application until it is deemed complete and the
Development Officer is satisfied that all requirements have been met;
(e) may, as a condition of issuing a development permit, require the applicant to provide
security in the form of a certified cheque, irrevocable Letter of Credit or other security
acceptable to the Development Officer, to ensure the terms and conditions attached
to the development permit are carried out;
(f) shall consider and decide upon applications for development permits as described in
this bylaw and the MGA, except as provided in subsections (g);
(g) shall refer all development permit applications in a Direct Control district to Council
for a decision, unless Council has specifically delegated approving authority to the
Development Officer, or another Designated Officer;
(h) shall keep and maintain, for the inspection of the general public, a copy of this bylaw
including all amendments, and shall ensure that copies of the same are available to
the general public on the City of Brooks official website;
(i) shall keep on file and make available for inspection by the general public all completed
applications for development permits, including the decisions thereon; and
(j) shall perform any other powers and duties as are specified in this bylaw, the
Development Authority Bylaw, the MGA or by resolution of Council.
SECTION 15 SUBDIVISION AUTHORITY
15.1
Pursuant to section 623 of the MGA, the Subdivision Authority is authorized to make
decisions on applications for subdivisions pursuant to the Subdivision Authority Bylaw,
and may exercise only such powers and duties as are specified:
(a) in the municipality's Subdivision Authority Bylaw,
(b) in this bylaw, or
(c) by resolution of Council.
15.2
The Subdivision Authority may delegate, through any of the methods described in Section
15.1, to any individual, municipal staff, or a regional services commission, any of its
required functions or duties in the processing of subdivision applications. In respect of
this:
(a) the delegation of duties by the Subdivision Authority may include the authorized entity
being responsible for determining the completeness of a submitted subdivision
application;
(b) the Subdivision Authority delegate is authorized to carry out the application process
with subdivision applicants as described in the Subdivision Application Rules and
Procedures section of the bylaw, including the task of sending all required notifications
to applicants as stipulated.
SECTION 16 SUBDIVISION AND DEVELOPMENT APPEAL BOARD (SDAB)
16.1
The powers, duties and responsibilities of the Subdivision and Development Appeal Board
with respect to this bylaw are those established in the Subdivision and Development
Appeal Board Bylaw included in Appendix C.
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16.2
The Subdivision and Development Appeal Board shall consider and decide upon appeals
concerning subdivision and development decisions and stop orders which have been
properly lodged in accordance with this bylaw and the MGA.
SECTION 17 COUNCIL
17.1
Council shall be responsible for considering and deciding upon development permit
applications within any Direct Control district, except where the decision making authority
has been delegated to the Development Officer.
17.2
Council shall be responsible for considering and deciding upon subdivision applications
within any Direct Control district, except where the decision making authority has been
delegated to the Development Officer.
17.3
Council shall be responsible for considering and deciding upon requests for time
extensions on subdivision approvals in accordance with section 657 of the MGA.
PART 3: PRIMARY REQUIREMENTS OF DEVELOPMENT AND
SUBDIVISION
SECTION 18 ESTABLISHMENT OF LAND USE DISTRICTS
18.1
In accordance with section 640 of the MGA, all land within the City of Brooks is herein
divided into land use districts.
18.2
The boundaries of the districts are delineated on the Land Use Districts Map contained in
Schedule 1 of this bylaw.
18.3
The one or more uses of land or buildings that are:
(a) permitted uses in each district, with or without conditions; or
(b) discretionary uses in each district, with or without conditions; or both
are described in Schedule 2.
18.4
A land use that is not listed as a permitted or discretionary use but which is reasonably
similar in character and purpose to a permitted or discretionary use in that district may be
deemed a similar use by the Development Authority in accordance with Section 34
(Similar and Prohibited Uses).
18.5
A land use not listed as a permitted or discretionary use or not deemed a similar use in a
district is a prohibited use and shall be refused.
18.6
Should any perceived error exist on the Land Use Districts Map relating to the assigning
of a land use district to a specific lot or portion of the City, corrective action regarding the
perceived error shall be decided upon by resolution of Council or if Council has designated
such decision making authority to a Designated Officer.
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SECTION 19 USE OF LAND
19.1
A person who develops land or a building in the City of Brooks shall comply with the
requirements of this bylaw including all conditions attached to a development permit, if
one is required, and all other applicable federal, provincial and municipal requirements.
SECTION 20 SUITABILITY OF SITES
20.1
Notwithstanding that a use of land may be permitted or discretionary or considered similar
in nature to a permitted or discretionary use in a land use district, the Development
Authority or Subdivision Authority as applicable, may refuse to issue a development permit
or approve a subdivision or if the Development Authority or Subdivision Authority is made
aware of, or if in their opinion, the site of the proposed building or use:
(a) does not have safe legal and physical access to a maintained road in accordance with
the Land Use Bylaw, other municipal requirements, or those of Alberta Transportation
if within 300 m (984 ft.) of a provincial highway or 800 m (2,625 ft.) from the centre
point of an intersection of a controlled highway and a public road;
(b) creates a situation where vehicular and non-vehicular traffic safety is negatively
impacted;
(c) has a high water table, drainage/stormwater issues or soil conditions which make the
site unsuitable for development or subdivision;
(d) is situated on an unstable slope;
(e) consists of unconsolidated material unsuitable for building;
(f) does not comply with the requirements of the South Saskatchewan Regional Plan,
Subdivision and Development Regulation or any other applicable Statutory Plans;
(g) is situated over an active or abandoned coal mine or oil or gas well or pipeline;
(h) is unsafe due to contamination by previous land uses;
(i) does not meet the minimum setback requirements from a sour gas well or bulk
ammonia storage facility;
(j) does not have adequate water and sewer provisions;
(k) cannot adequately contain or convey stormwater runoff;
(l) does not meet the lot size and/or setback requirements or any other applicable
standards or requirements, unless a variance has been granted in accordance with
the City of Brooks Land Use Bylaw; and
(m) is subject to an easement, caveat, restrictive covenant or other registered
encumbrance which makes it impossible to build on the site.
20.2
Nothing in this section shall prevent the Development Officer, from issuing a development
permit or the Subdivision Authority approving a subdivision if the Development Officer or
Subdivision Authority is satisfied that there is no risk to persons or property or that these
concerns will be met by appropriate engineering measures or other mitigating measures
and approvals from provincial and/or federal agencies have been obtained, as applicable.
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SECTION 21 NUMBER OF DWELLING UNITS ON A LOT
21.1
No person shall construct or locate, or cause to be constructed or located, more than one
dwelling unit on a lot except when permitted by the land use district or unless authorized
by the Development Authority through the issuance of a development permit.
SECTION 22 REMOVAL, REPLACEMENT AND PLACEMENT OF BUILDINGS
22.1
Any application for removal or replacing or placing a building on a site is subject to all
conditions and regulations specified under the appropriate district and, in addition, the
Development Authority may require:
(a) recent colour photographs of the structure;
(b) written confirmation by a licensed professional that the building meets the
requirements of the Alberta Safety Codes Act or, if it does not, the manner in which
the building will be brought up to these standards within the time limit established by
the Development Authority;
(c) the applicant to pay for the costs of an inspection by an authorized municipal official
prior to moving the building.
22.2
The standards that the building must meet shall be established by the Development
Authority at the time of the approval of the development permit application and shall form
part of the conditions of the development permit.
22.3
All renovations to a building that has been moved to and placed on a site shall be
completed within twelve (12) months of the date of the development permit. A final
inspection to verify compliance with any condition outlined in the development permit shall
be conducted by an authorized municipal official.
22.4
The setbacks shall be as prescribed in this bylaw or as authorized in accordance with the
variances that may be granted by the Development Authority in accordance with Section
36 of the Administrative Section of this bylaw.
SECTION 23 NON-CONFORMING BUILDINGS AND USES
23.1
If a development permit has been issued on or before the day on which this bylaw or a
land use amendment bylaw comes into force in a municipality and the bylaw would make
the development in respect of which the permit was issued a non-conforming use or non-
conforming building, the development permit continues in effect in spite of the coming into
force of the bylaw, pursuant to section 643 of the MGA.
23.2
A non-conforming use of land or a building may be continued but, if that use is
discontinued for a period of six (6) consecutive months or more, any future use of the land
or building must conform to the Land Use Bylaw then in effect, pursuant to section 643 of
the MGA.
23.3
A non-conforming use of part of a building may be extended throughout the building but
the building, whether or not it is a non-conforming building, may not be enlarged or added
to and no structural alterations shall be made to it or in it, pursuant to section 643 of the
MGA.
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23.4
A non-conforming use of part of a lot may not be extended or transferred in whole or in
part to any other part of the lot and no additional buildings may be constructed on the lot
while the non-conforming use continues, pursuant to section 643 of the MGA.
23.5
A non-conforming building, pursuant to section 643 of the MGA, may continue to be used
but the building may not be enlarged, added to, rebuilt or structurally altered except:
(a) to make it a conforming building;
(b) for routine maintenance of the building, if the Development Authority considers it
necessary; or
(c) in accordance with a Land Use Bylaw that provides minor variance powers to the
Development Authority for the purposes of this section.
23.6
If a non-conforming building is damaged or destroyed by more than 75 percent of the value
of the building above its foundation, the building may not be repaired or rebuilt except in
accordance with this bylaw.
23.7
The land use or the use of a building is not affected by a change of ownership or tenancy
of the land or building.
SECTION 24 NON-CONFORMING LOT SIZES
24.1
Development on an existing registered lot that does not conform with the minimum
requirements for lot length, width or area specified in the applicable land use district as
per this bylaw, may be permitted at the discretion of the Development Authority.
24.2
The Development Officer is authorized to approve development on existing registered lots
that do not conform to the requirements for lot length, width or area specified in the
applicable land use district as per this bylaw, if a variance was issued as a part of the
subdivision of the lot.
SECTION 25 NON-CONFORMING LOT VARIANCES
25.1
Where a proposed lot contains different dimensions than those prescribed within the land
use district in effect, or will result in an existing or future building not conforming with the
height or setback requirements prescribed within the district in effect, a variance may be
approved where, in the opinion of the Development Officer the noncompliance with the
district regulations is:
(a) minor in nature;
(b) consistent with the general character of the area; and
(c) does not interfere with the use, enjoyment or value of the neighbouring properties.
SECTION 26 DEVELOPMENT AGREEMENTS
26.1
The Development Authority may require, with respect to a development that as a condition
of issuing a development permit, the applicant enter into an agreement with the
municipality, pursuant to section 650(1) of the MGA, to do any or all of the following:
(a) to construct or pay for the construction of a road required to give access to the
development;
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(b) to construct or pay for the construction of a pedestrian walkway system to serve the
development and/or connect with existing or proposed pedestrian walkway systems
that serve adjacent development;
(c) to install or pay for the installation of public utilities, other than telecommunication
systems or works, that are necessary to serve the development;
(d) to construct or pay for the construction of off-street, or other parking facilities and/or
loading and unloading facilities;
(e) to pay an off-site levy or redevelopment levy;
(f) to give security to ensure that the terms of the agreement under this section are
carried out.
26.2
The Subdivision Authority may require, with respect to a subdivision, that as a condition
of issuing an approval for a subdivision, the applicant enter into an agreement with the
municipality, pursuant to section 655(1)(b) of the MGA.
26.3
An agreement referred to in this section may require the applicant for a development
permit or subdivision approval to oversize improvements in accordance with section 651
of the MGA.
26.4
A municipality may register a caveat under the Alberta Land Titles Act with respect to an
agreement under this section against the Certificate of Title for the land that is the subject
of the development, or for the parcel of land that is the subject of the subdivision.
26.5
If a municipality registers a caveat under this section, the municipality must discharge the
caveat when the agreement has been complied with.
26.6
As a condition of subdivision approval, all agreements may be registered concurrently by
caveat onto individual lots created.
26.7
The Developer shall be responsible for and within 30 days of the presentation of an
account, pay to the City of Brooks all legal and engineering costs, fees, expenses and
disbursements incurred by the City through its solicitors and engineers for all services
rendered in connection with the preparation, fulfilment, execution and enforcement of the
agreement.
PART 4: DEVELOPMENT PERMIT RULES AND PROCEDURES
SECTION 27 DEVELOPMENT PERMIT
27.1
Except as otherwise provided for in Section 28 (Development Not Requiring a
Development Permit), no person shall commence development unless they have been
issued a development permit in respect of the development in accordance with the terms
and/or conditions of a development permit pursuant to this bylaw.
27.2
In addition to meeting the requirements of this bylaw, it is the responsibility of the applicant
to ascertain, obtain and comply with all other approvals and licenses that may be required
by other federal, provincial or municipal regulatory departments or agencies.
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SECTION 28 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
28.1
If a variance to any measurable standard in this bylaw is required, this section does not
apply and a development permit is required.
28.2
This section does not negate the requirement of obtaining all required permits, as
applicable, under the Alberta Safety Codes Act and any other provincial or federal statute.
28.3
The following shall not require a development permit, provided that the proposed
development complies with the applicable provisions of this bylaw:
(a) accessory buildings up to 10 m2 in residential districts, provided they meet all other
requirements as set forth in this bylaw;
(b) accessory buildings up to 60 m2 in all other districts, provided they meet all other
requirements as set forth in Schedules 2 to 4 of this bylaw;
(c) interior or exterior renovations to a building which do not:
-
Create another dwelling unit;
-
Increase parking requirements;
-
Result in the change of use of a building; or
-
Increase the square footage (increase density).
(d) the temporary use of all or part of a building for a polling station, returning officer's
headquarters, campaign office or any other use directly related to a federal, provincial,
municipal or school election, or a referendum, plebiscite or census;
(e) the construction and maintenance of gates, fences, walls or other means of enclosure
that meet the requirements of this bylaw;
(f) the landscaping of a parcel that shall not have proposed grades which would
adversely impact the site or adjacent property and which is not a requirement of
another development permit;
(g) temporary buildings used in the construction or alteration of a building for which a
permit has been issued under this bylaw, provided the temporary building is not used
as a dwelling and provided the building(s) is removed within one (1) month of
completion of construction of the building for which the permit has been issued;
(h) the placement of no more than one shipping container used in the construction or
alteration of a building for which a permit has been issued under this bylaw, provided
the shipping container is not used as a dwelling and provided the shipping container
is removed immediately upon completion of construction of the building for which the
permit has been issued;
(i) the construction, maintenance and repair of public works, services and utilities carried
by or on behalf of federal, provincial or municipal public authorities on land which is
publicly owned or controlled;
(j) the construction of a balcony, patio, uncovered deck or landing that meets the
requirements of this bylaw;
(k) the installation of swimming pools and hot tubs with a depth of up to 600 mm;
(l) any sign that does not require a permit as per Schedule 5 of this bylaw;
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(m) grading, excavating, stripping and/or stockpiling of land, when such operations are
performed in accordance with a valid Development Agreement, but where a valid
Development Agreement does not exist, an application for a development permit must
be made; or
(n) any mobile vendor if:
(i) they are part of a special event or seasonal sale hosted by a non-profit or
community organization; or
(ii) the area of a stand or structure, and any other materials used for service or retail
purposes can fit within an area of 4.6 m2 (50 ft2).
28.4
The following developments shall not require a development permit:
(a) any use or development exempted under section 618(1) of the MGA;
(b) any use or development exempted by the Lieutenant Governor in Council pursuant to
section 618(4) of the MGA;
(c) telecommunication antenna systems that are regulated by Innovation, Science and
Economic Development (ISED) Canada, subject to the Telecommunication Antenna
Siting Protocol in Appendix A;
(d) the completion of a building which was lawfully under construction at the date this
bylaw came into force, provided that the building is completed in accordance with the
terms and conditions of any development permit granted; and
(e) the completion of a building that did not require a development permit under the
previous Land Use Bylaw and which was lawfully under construction provided, the
building is completed within twelve (12) months from the date of this bylaw coming
into force.
SECTION 29 DEVELOPMENT PERMIT APPLICATIONS
29.1
Except as provided in Section 28 (Development Not Requiring a Development Permit) no
person shall commence a development unless he/she has been issued a development
permit in respect of the proposed development.
29.2
Development permit applications shall be made only by the registered owner of the land
on which the development is proposed. An application may be made by a person who is
not the registered owner of the land only with written consent of the registered owner. The
Development Officer may request a current title documenting ownership and copies of any
registered encumbrance, lien or interest registered on title.
29.3
An application for a development permit shall be made by submitting to the Development
Officer the following, which must be of a quality adequate to properly evaluate the
application:
(a) a completed application form with the required fee;
(b) a description of the proposed development, including a statement of the intended use
of all land, buildings, and finishes to be used;
(c) a site plan and building plans drawn to scale showing:
(i)
legal description and municipal address of subject property;
(ii)
north arrow and accurate orientation of all proposed development;
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City of Brooks Land Use Bylaw No. 14/12
(iii)
land use district;
(iv)
adjacent roadways and lanes;
(v)
lot dimensions, lot area, and percentage of lot coverage for all buildings and/or
structures;
(vi)
the location of any and all abandoned wells, and if abandoned wells are present,
a legal Alberta Land survey showing the actual well location(s) in relation to
property lines and existing and/or proposed buildings;
(vii) any existing or proposed buildings/structures with all foundation dimensions
and projections including decks;
(viii) the dimensions of all front, side and rear yard setbacks;
(ix)
separation distance between all buildings/structures;
(x)
location of lot access, existing sidewalk(s) and curbs;
(xi)
number and location of parking spaces;
(xii) location of any registered utility right of ways and easements; and
(xiii) a floor plan and elevation plans for the buildings to be constructed including
front, sides and rear elevations, building height (from finished grade) and roof
pitch;
(d) in the cases where the proposed development is for commercial, industrial,
institutional or multiple residential dwelling developments on one or more lots, the
following additional information is required:
(i)
landscaping plan;
(ii)
lighting plan;
(iii)
location of amenity space;
(iv)
location of fire hydrant, streetlight, power/telephone/cable pedestal(s) located
within property frontage;
(v)
proposed lot grading plan and on-site drainage information;
(vi)
location of signage, fencing, storage areas and garbage receptacles;
(vii) location of all existing buildings and/or structures, roads, water bodies and other
physical features of the land and all adjacent properties;
(viii) Engineering studies prepared and sealed by a professional engineer in good
standing with the Association of Professional Engineers and Geoscientists of
Alberta (APEGA), including but not limited to:
a.
Geotechnical Report ensuring that the site is suitable in terms of
topography, soil characteristics, flooding, subsidence, slope stability and
erosion control measures;
b.
Site Servicing Study which looks at the availability of infrastructure to
service the site including adequate water, and sanitary sewer capacities;
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c.
Storm Water Management Study which looks at the existing site storm
runoff and using current Alberta Environment policies, provides a storm
water management system to restrict both quantity and quality to pre-
development rates without affecting neighbouring properties; and
d.
Traffic Impact Assessment which considers the potential impacts to public
roads and options available to address any impacts that would create
issues relating to road capacities, levels of service and vehicular/non-
vehicular traffic safety;
(e) in cases where architectural controls are in place and applicable to the parcel or unit
in question, a copy of the architectural controls approval;
(f) a current copy of the Certificate of Title showing ownerships and encumbrances; and
(g) any other information deemed necessary by the Development Authority to adequately
process the application.
29.4
The Development Authority may accept an application and make a decision thereon
without all of the above information if, at the discretion of the Development Authority, the
nature of the development is such that a decision on the application would not:
(a) unduly interfere with the amenities of the neighbourhood; or
(b) materially interfere with or affect the use, enjoyment or value of the neighbouring
parcels of land; and
(c) the proposed development must conform with the use prescribed for that land or
building in this bylaw.
SECTION 30 DETERMINATION OF COMPLETE DEVELOPMENT PERMIT APPLICATION
30.1
A Development Officer shall, within 20 days after the receipt of an application in
accordance with Section 29 (Development Permit Applications) for a development permit,
determine whether the application is complete for processing.
30.2
An application is complete if, in the opinion of the Development Officer, the application
contains the documents and other information necessary to review the application.
30.3
The 20-day time period referred to in Section 30.1 may be extended by an agreement in
writing between the applicant and the Development Officer, which would extend the time
to deem the application complete for processing.
30.4
If the Development Officer does not make a determination referred to in Section 30.1 within
the time required under Section 30.1 or 30.3, the application is complete for processing.
30.5
If a Development Officer determines that the application is complete, the Development
Officer shall issue to the applicant a written notice acknowledging that the application is
complete, delivered by hand, mail or electronic means.
30.6
If the Development Officer determines that the application is incomplete, the Development
Officer shall issue to the applicant a written notice indicating that the application is
incomplete, which specifies:
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City of Brooks Land Use Bylaw No. 14/12
(a) the outstanding documents and information to be provided, including but not limited
to those required by Section 29 (Development Permit Applications), and
(b) a submission deadline.
A later submission date may be agreed upon by the applicant and the Development Officer
in order for the application to be considered complete.
30.7
If the Development Officer determines that the information and documents submitted
under Section 30.6 are complete, the Development Officer shall issue to the applicant a
written notice acknowledging that the application is complete for processing, delivered by
hand, mail or electronic means.
30.8
If the required documents and information under Section 30.6 have not been submitted
within the timeframe prescribed in the notice issued under Section 30.6, the Development
Officer shall return the application to the applicant accompanied by a written notice of
refusal stating the application is deemed refused and the reasons for refusal.
30.9
In the course of reviewing the application, the Development Officer may request additional
information or documentation from the applicant that the Development Authority considers
necessary to review the application, even if a notice has been issued under Section 30.5
or 30.7.
SECTION 31 PERMITTED USE APPLICATIONS
31.1
Upon receipt of a complete application for a development permit for a permitted use that
conforms with this bylaw, the Development Officer shall approve a development permit
with or without conditions, including the provision of a development agreement pursuant
to the MGA.
31.2
Upon receipt of a complete application for a permitted use that requests a variance the
Development Officer shall refer to Administration Section 35 (Variance to Bylaw
Provisions).
31.3
The Development Authority may place any of the following conditions on a development
permit for a permitted use:
(a) require the applicant to enter into a development agreement pursuant to the MGA, as
prescribed in this bylaw;
(b) the provision of security in the form of a certified cheque, irrevocable Letter of Credit
or other security acceptable to the Development Authority;
(c) alteration of a structure or building size or location to ensure any setback
requirements of this bylaw or the Subdivision and Development Regulation can be
met;
(d) time periods stipulating completion of development;
(e) easements and/or encroachment agreements required as a result of the
development;
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(f) an increased setback to any minimum required setback if determined to be necessary
where an adjacent use may be considered to be otherwise negatively impacted, and
the increased setback would serve to improve the suitability of the proposed use at
the subject location, with consideration for the local context;
(g) the property owner/developer is to repair or reinstate, or pay for the repair or
reinstatement to original condition, of any City owned infrastructure, including but not
limited to, street furniture, curbing, sidewalk, boulevard landscaping and tree planting
that may be damaged or destroyed or otherwise harmed by development or/and
building operations upon the site. All repair and reinstatement work must be
completed by a City approved contractor. The property owner/developer must notify
the City if they are going to have to destroy or replace any City owned infrastructure;
(h) provision of vehicular and pedestrian access and public utilities other than
telecommunication systems or works;
(i) obtain any other approval, permit, authorization, consent or license that may be
required to develop or service the affected land;
(j) requirement of a lot or construction stakeout conducted by an approved surveyor or
agent;
(k) any measure required to ensure compliance with applicable federal, provincial and/or
municipal legislation and approvals; and
(l) any other conditions necessary to ensure compliance with this bylaw and any other
statutory plans brought into force by the City of Brooks.
SECTION 32 DISCRETIONARY USE APPLICATIONS
32.1
Upon receipt of a completed application under Section 30, the Development Authority shall
as required in this bylaw, notify the owners of the land likely to be affected by the issue of
a development permit in accordance with Section 37 (Notification of Adjacent Landowners
and Persons Likely to be Affected).
32.2
The Development Authority may place any of the following conditions on a development
permit for a discretionary use:
(a) require the applicant to enter into a development agreement pursuant to the MGA, as
prescribed in this bylaw;
(b) the provision of security in the form of a certified cheque, irrevocable Letter of Credit
or other security acceptable to the Development Authority;
(c) alteration of a structure or building size or location to ensure any setback
requirements of this bylaw or the Subdivision and Development Regulation can be
met;
(d) time periods stipulating completion of development;
(e) easements and/or encroachment agreements required as a result of the
development;
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(f) the application of an increased setback to any minimum required setback if
determined to be necessary where an adjacent use may be considered to be
otherwise negatively impacted, and the increased setback would serve to improve the
suitability of the proposed use at the subject location, with consideration for the local
context;
(g) the property owner/developer is to repair or reinstate, or pay for the repair or
reinstatement to original condition, of any City owned infrastructure, including but not
limited to, street furniture, curbing, sidewalk, boulevard landscaping and tree planting
that may be damaged or destroyed or otherwise harmed by development or/and
building operations upon the site. All repair and reinstatement work must be
completed by a City approved contractor. The property owner/developer must notify
the City if they are going to have to destroy or replace any City owned infrastructure;
(h) provision of vehicular and pedestrian access and public utilities other than
telecommunication systems or works;
(i) obtain any other approval, permit, authorization, consent or license that may be
required to develop or service the affected land;
(j) requirement of a lot or construction stakeout conducted by approved surveyor or
agent;
(k) any measure required to ensure compliance with applicable federal, provincial and/or
municipal legislation and approvals; and
(l) any other conditions necessary to ensure compliance with this bylaw and any other
statutory plans brought into force by the City of Brooks.
32.3
After considering any response to the notifications to owners likely to be affected by the
development and, as applicable, any comment received at a development hearing, the
Development Authority may issue a development permit with or without conditions, or may
refuse to issue a development permit stating the reasons.
SECTION 33 DIRECT CONTROL DISTRICT APPLICATIONS
33.1
Upon receipt of a complete application for a development permit in a Direct Control District,
the Development Officer:
(a) shall refer the application to Council for a decision, except where the decision making
authority has been delegated to the Development Authority; and
(b) may notify adjacent landowners and other persons likely to be affected in accordance
with Section 37 (Notification of Adjacent Landowners and Persons Likely to be
Affected) if directed by Council.
33.2
After considering any response to notifications issued under Section 37 (Notification of
Adjacent Landowners and Persons Likely to be Affected), Council or the delegated
decision making authority may:
(a) approve a development permit with or without conditions; or
(b) refuse to approve the development permit, stating reasons.
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33.3
In accordance with section 641(4)(a) of the MGA, there is no appeal to the Subdivision
and Development Appeal Board for a decision on an application for a development permit
in a Direct Control District if the decision is a Council decision.
SECTION 34 SIMILAR AND PROHIBITED USES
34.1
Where a use is applied for which is not specifically considered in any land use district or
defined elsewhere in the Land Use Bylaw, but is similar in character and purpose to
another use that is permitted or discretionary in the land use district in which such use is
proposed, the Development Authority shall determine and make a ruling on the proposed
use as to its similarity to a permitted or discretionary use in the district.
34.2
If the use is no deemed similar to a permitted or discretionary use listed in the land use
district in which it is proposed, the development permit shall be refused.
34.3
If the use is deemed similar, the proposed use shall be reviewed by the Development
Authority who after notifying adjacent landowners and other persons likely to be affected
in accordance with Section 37 (Notification of Adjacent Landowners and Persons Likely
to be Affected) and will render a decision on the application.
34.4
Given the above, if the application is approved by the Development Authority, a
development permit shall be issued in accordance with Section 38 (Notice of Decision).
34.5
Where a use is not listed in a land use district as either discretionary or permitted and is
not deemed similar in nature in accordance with Section 34.1, then that use is prohibited.
SECTION 35 VARIANCE TO BYLAW PROVISIONS
35.1
In accordance with section 640(6) of the MGA, the Development Officer may approve,
with or without conditions, a development permit even though the proposed development
does not comply with this bylaw if, in the opinion of the Development Authority:
(a) the proposed development would not:
(i)
unduly interfere with the amenities of the neighbourhood; or
(ii)
materially interfere with or affect the use, enjoyment or value of neighbouring
parcels of land; and
(b) the proposed development conforms with the use prescribed for that land or building
in this bylaw.
35.2
Upon receipt of a completed application for a development permit for a permitted or
discretionary use that requests an unlimited variance to any measurable standards of this
bylaw, the Development Officer may grant the variance and issue the development permit
with or without conditions if, in the opinion of the Development Officer, the variance would
meet the requirements of the MGA as outlined in Section 35.1(a) and (b).
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City of Brooks Land Use Bylaw No. 14/12
35.3
Upon receipt of a completed application for a development permit for a permitted or
discretionary use that requires a variance to required number of parking stalls, the
Development Officer may grant a variance no greater than 50% of the minimum required
off-street parking and issue the development permit with or without conditions, if in the
opinion of the Development Officer, the variance would meet the requirements of the MGA
as outlined in Section 35.1(a) and (b).
35.4
Upon receipt of a completed application for a permitted or a discretionary use that requests
a variance, the Development Officer shall notify adjacent landowners and persons likely
to be affected in accordance with Administration Section 37 (Notification of Adjacent
Landowners and Persons Likely to be Affected) where:
(a) a required variance for parking exceeds 25% of the minimum required off-street
parking standard; or
(b) a required variance exceeds 50% to any measurable standard for new development.
SECTION 36 LIMITATIONS ON VARIANCE PROVISIONS
36.1
In approving an application for a development permit, the Development Officer shall
adhere to the general purpose and intent of the appropriate land use district,
Administration Section 25, and to the following:
(a) a variance for the purposes of having existing buildings and structures comply with
the requirements of this bylaw shall be considered in the context of the
neighbourhood, adjacent uses and the impacts to neighbouring properties;
(b) a variance of measurable standards of the bylaw shall be considered in cases of
unnecessary hardship or practical difficulties to the use, character, or situation of land
or buildings which are not generally common to other land or buildings in the same
land use district;
(c) where a variance is considered that will reduce the setback from any road as defined
in the MGA, the Development Authority shall consider all future road construction
needs of the municipality as well as the transportation requirements of the parcel(s)
or lot(s) affected.
36.2
Despite Section 35, the Development Officer shall not grant a variance for the following:
(a) density regulations;
(b) distances and requirements of the Subdivision and Development Regulations;
(c) any applicable standard of the land use bylaw, if a section or policy specifically states
that the standard is not to be waived or varied; or
(d) requirements of any local, provincial or national building or construction standards.
SECTION 37 NOTIFICATION OF ADJACENT LANDOWNERS AND PERSONS LIKELY TO
BE AFFECTED
37.1
Where notification of adjacent landowners and persons likely to be affected is required as
set forth in sections 606, 606.1 and 640 of the MGA and have been determined to be
required by the Development Authority or Council, the Development Officer shall, at least
five (5) days, excluding weekends and holidays, preceding the date of consideration by
the Development Authority or Council:
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(a) provide notice of the complete application to the applicant in writing by mail or email;
(b) provide notice of the application to landowners within 100 m (328.1 ft) of the subject
parcel and persons likely to be affected by undertaking the preferred method of:
(i)
mailing or hand delivering the notice;
or, if the preferred method is not practicable, as determined by the Development
Officer, by undertaking any one or more of the following:
(ii)
placing a notice on any other form of digital media that is accessible by adjacent
landowners and persons likely to be affected; or
(iii)
placing a notice on the property in a location where the notice is visible and
readable from a public right-of-way; and, if deemed necessary; or
(iv)
placing a notice on the City's website; and/or
(v)
placing an advertisement in a newspaper circulating within the City.
37.2
Notification shall be provided to the County of Newell if the development permit application
is identified within the County of Newell and City of Brooks Intermunicipal Development
Plan.
37.3
Notification shall be provided to any other persons, government departments or referral
agencies that are deemed by the Development Authority to be affected.
37.4
In all cases, the notification shall:
(a) describe the nature and location of the use;
(b) state the time and place where the Development Authority will meet to consider the
application and indicate how and when written or oral submission on the application
will be received and considered;
(c) specify the location at which the development permit application can be inspected;
(d) in the instance of mailing of the notice, be deemed received seven (7) days from
mailing the notice; and
(e) in the instance of the notice being placed in a newspaper, be deemed received on the
date of publication of the newspaper.
SECTION 38 NOTICE OF DECISION
38.1
Upon the decision of all development permit applications, the Development Officer shall:
(a) mail, email or hand deliver a written notice of decision to the applicant; and
(b) mail, email or hand deliver a written notice of decision to adjacent landowners and
persons likely to be affected; and
(c) to any persons likely to be affected by or appeal the decision of the Development
Authority by:
(i)
posting a notice prominently on the City of Brooks official website or official
social media site(s), or
(ii)
mailing a notice (postal service or electronic mail), or
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City of Brooks Land Use Bylaw No. 14/12
(iii)
posting a notice conspicuously on the property for which the application has
been made, or
(iv)
placing a notice in a newspaper circulating in the City of Brooks, or
(v)
or any combination thereof.
38.2
The Development Officer will give (hand deliver) or send a copy (postal service or
electronic mail) of the written decision, which specifies the date on which the decision was
given, to the applicant on the same day the decision is given.
38.3
For the purposes of Section 38.2, the "date on which the decision was given" means:
(a) the date that the Development Officer signs the notice of decision or development
permit, or
(b) the date the decision is posted in the newspaper circulating in the City of Brooks, or
(c) the date the decision is posted on the City of Brooks official website or official social
media site(s),
whichever occurs later.
SECTION 39 FAILURE TO MAKE A DECISION
39.1
In accordance with section 684 of the MGA, if the Development Authority has not made a
decision within 40 days of receipt of an application being deemed complete under
Section 30 (Determination of Complete Development Permit Application), the
development permit application may be deemed to be refused and may be appealed by
the applicant.
39.2
The Development Authority and the applicant must enter into a written agreement prior to
the expiration of the 40-day time period to extend the period referred to in Section 39.1.
39.3
Section 39.1 does not apply in the case of a development application deemed to be
refused under Section 30 (Determination of Complete Development Permit Application).
SECTION 40 COMMENCEMENT OF DEVELOPMENT
40.1
Even though a development permit has been issued, development shall not commence
until 21 days from the date of the notice of decision is given as per section 686(1) of the
MGA.
40.2
Development permits issued that have been appealed, no development shall commence
until the appeal is decided upon.
SECTION 41 DEVELOPMENT PERMIT VALIDITY
41.1
Unless a development permit is suspended or cancelled, the development must be
commenced or carried out with reasonable diligence in the opinion of the Development
Authority within 12 months from the date of issuance of the permit, otherwise the permit
is void, notwithstanding an extension approved by the Development Authority prior to the
12 month period concluding.
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41.2
An application to extend the validity of a development permit may be made at any time
prior to the expiration of the approved permit. The application to extend the validity of a
development permit is at the discretion of the Development Authority.
41.3
When any discretionary use has been discontinued for a period of six (6) months or more,
any development permit that may have been issued is no longer valid and the use may
not be recommenced until a new application for a development permit has been submitted,
reviewed and a new development permit issued.
41.4
The Development Officer may attach a condition to a permit approval to limit the time
frame that any development permit is valid for. If a time limit is applied to a development
permit, the following conditions may also be applied:
(a) the applicant or developer is liable for any costs involved in the cessation or removal
of any development at the expiration of the permitted period;
(b) the applicant may be required to submit an irrevocable Letter of Credit, performance
bond or other acceptable form of security guaranteeing the cessation or removal of
the non-permanent use; and
(c) any other conditions as deemed necessary.
SECTION 42 TRANSFERABILITY OF DEVELOPMENT PERMIT
42.1
A valid development permit is transferable when the use remains unchanged and the
development is affected only by a change in ownership, tenancy or occupancy.
42.2
A home occupation permit is non-transferable.
SECTION 43 REAPPLICATION FOR A DEVELOPMENT PERMIT
43.1
If an application for a development permit is refused by the Development Officer, or the
Subdivision and Development Appeal Board, the submission of another application for a
development permit on the same parcel of land for the same or for a similar use of the
land may not be accepted by the Development Officer for at least six (6) months after the
date of refusal.
43.2
If an application was refused solely because it did not comply with the development
standards of this bylaw or was refused as an incomplete application under Section 30
(Determination of Complete Development Permit Application), the Development Officer
may accept another application on the same parcel of land for the same or similar use
before the time period referred to in Section 43.1 has lapsed, provided the application has
been modified to comply with this bylaw.
SECTION 44 SUSPENSION OR CANCELLATION OF A PERMIT
44.1
If, after a development permit has been issued, the Development Officer determines that:
(a) the application for the development permit contained a misrepresentation, or
(b) facts were not disclosed which should have been at the time of consideration of the
application for the development permit; or
(c) the development permit was issued in error; or
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City of Brooks Land Use Bylaw No. 14/12
(d) the applicant withdrew the application by way of written notice; or
(e) the applicant's development has deviated from what was approved;
the Development Officer may suspend or cancel the development permit by notice in
writing to the holder of it stating the reasons for any suspension or cancellation.
44.2
Upon receipt of the written notification of suspension or cancellation of the permit, the
permit holder must cease all development and activities to which the development permit
relates.
44.3
A person whose development permit is suspended or cancelled under this section may
appeal within 21 days of the notice of decision to the Subdivision and Development Appeal
Board.
44.4
If a development permit is suspended or cancelled, the Subdivision and Development
Appeal Board shall review the application if an appeal is filed by the applicant and either:
(a) reinstate the development permit; or
(b) cancel the development permit if the Development Officer would not have issued the
development permit if the facts subsequently disclosed had been known during the
consideration of the application; or
(c) reinstate the development permit and impose such other conditions as are considered
necessary to ensure that this bylaw or any statutory plan is complied with.
PART 5: SUBDIVISION RULES AND PROCEDURES
SECTION 45 SUBDIVISION IN GENERAL
45.1
Where the development of land requires the subdivision of land, no development permit
shall be issued until the application for subdivision has been approved in accordance with
the MGA.
45.2
The minimum dimensional standards for lots and all other requirements in this bylaw shall
be as specified in the applicable land use district in Schedule 2.
45.3
An application for subdivision may be subject to the same requirements of Section 20
(Suitability of Sites) and Section 55 (Land Use District Redesignation) if deemed
necessary by the Subdivision Authority.
45.4
All applications for subdivision shall be required to meet the design standards set out in
Schedule 3.
45.5
Subdivision of lands within the Residential Manufactured Home Park (R-MP) land use
district shall not be permitted unless accompanied by an approved concept plan or
adopted area structure plan.
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SECTION 46 SUBDIVISION APPLICATIONS
46.1
An applicant applying for subdivision shall provide the required material and information
as requested by the Subdivision Authority or its designate. A complete application shall
consist of:
(a) an official application, in the manner and form prescribed, clearly and legibly
completed with all the required information and signatures provided as requested on
the form; and
(b) the applicable fees paid; and
(c) an up-to-date and current copy of the Certificate of Title to the subject land; and
(d) a surveyors sketch or tentative subdivision plan with dimensions, structures, location
of private sewage disposal system, professionally prepared; and
(e) provincial abandoned gas well information; and
(f) any such other information as may be required at the discretion of the Subdivision
Authority in order to accurately evaluate the application and determine compliance
with the Land Use Bylaw or other government regulations. This may include but is
not limited to the provision of geotechnical information, soil analysis reports, water
reports, soil or slope stability analysis, drainage information, contours and elevations
of the land, engineering studies or reports, wetland reports, environmental impact
assessments, utility and servicing information, and/or the preparation of a conceptual
design scheme or an area structure plan prior to a decision being rendered on a
subdivision application to determine the suitability of the land for the proposed use;
and
(g) the consent to authorize the Subdivision Authority or its designate to carry out a site
inspection on the subject land as authorized in accordance with the MGA must also
be provided on the submitted application form unless determined not to be needed
by the Subdivision Authority.
46.2
In accordance with the MGA, the Subdivision Authority or those authorized to act on its
behalf, shall provide notification to a subdivision applicant within the 20-day prescribed
time period, on whether a submitted application is deemed complete, or if it is determined
to be deficient what information is required to be submitted by a specified time period, by
sending notification in the following manner:
(a) for an application deemed complete, the applicant shall be notified in writing as part
of the formal subdivision application circulation referral letter;
(b) for an application determined to be incomplete, written notification shall be given to
the applicant which may be in the form of a letter sent by regular mail to the applicant,
or sent by electronic means, or both, or by any other method as may be agreed to
between the applicant and Subdivision Authority;
(c) in respect of subsection (b) for a subdivision application determined to be incomplete,
the applicant will be advised in writing as part of the Notice of Incompleteness what
the outstanding or required information items are that must be submitted by the time
specified in the notice.
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City of Brooks Land Use Bylaw No. 14/12
46.3
Notwithstanding Section 46.2, the applicant and Subdivision Authority may agree and sign
a time extension agreement in writing in accordance with section 653.1(3) of the MGA to
extend the 20-day decision time period to determine whether the subdivision application
and support information submitted is complete.
46.4
A determination made by the Subdivision Authority that an application is complete for
processing does not preclude the ability for the Subdivision Authority to request other
information or studies to be submitted by the applicant during the review and processing
period, prior to a decision being rendered, or as condition of subdivision approval.
SECTION 47 INCOMPLETE SUBDIVISION APPLICATIONS
47.1
The Subdivision Authority may refuse to accept and process a subdivision application
where the information required under Section 46 and/or as described in a Notification of
Incompleteness has not been submitted, is determined to be deficient, is still incomplete,
or in the opinion of the Subdivision Authority the quality of the material supplied is
inadequate to properly evaluate the application.
47.2
If the Subdivision Authority makes a determination that the application is refused due to
incompleteness, the applicant shall be notified in writing with reasons in the manner as
described in Section 46.2.
47.3
The notification provided for in Section 46.2 shall include for the applicant the required
information on the filing of an appeal and to which appeal board body the appeal lies,
either the local appeal board or provincial Municipal Government Board, in accordance
with the parameters of the MGA.
PART 6: ENFORCEMENT AND APPEALS
SECTION 48 DESIGNATED OFFICERS
48.1
In accordance with section 210 of the MGA, an officer designated to carry out enforcement
of the MGA, the Subdivision and Development Regulation, a development permit or
subdivision approval, or this bylaw is herein referred to as an Officer, and includes:
(a) the Development Officer or another designated officer in Section 13.1(a) of this bylaw,
and
(b) a Bylaw Enforcement Officer in accordance with the MGA, and
(c) a Community Peace Officer in accordance with the Alberta Peace Officer Act, and
(d) a Police Officer in accordance with the Alberta Police Act.
SECTION 49 SUBDIVISION AND DEVELOPMENT APPEALS
49.1
Any person applying for a development permit or any other person affected by an order,
decision or development permit made or issued by the Development Officer may appeal
such an order or decision to the Subdivision and Development Appeal Board in
accordance with the procedures described in the MGA.
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49.2
The applicant may appeal a subdivision decision, and any condition attached to the
decision, to the Subdivision and Development Appeal Board in accordance with the
procedures described in the MGA. Adjacent or affected landowners have no right to
appeal under the MGA.
49.3
Notwithstanding Section 49.1, there is no avenue for an appeal if the application was made
on lands zoned as Direct Control, if the decision was made by Council. If the decision
was made by the Development Officer as a delegated authority of Council, the appeal is
limited to whether the Development Authority followed the directions of Council, as per
section 641 of the MGA.
49.4
An appeal to the Subdivision and Development Appeal Board shall be commenced by
serving a written notice of the appeal with reasons to the Subdivision and Development
Appeal Board and shall be accompanied by the applicable fees.
SECTION 50 CONTRAVENTION OF THE LAND USE BYLAW
50.1
A Development Officer may enforce the provisions of this bylaw, a development permit or
subdivision approval, the Subdivision and Development Regulation, or the MGA.
Enforcement may be by notice of violation, stop orders, or any other authorized action to
ensure compliance.
50.2
Any owner, lessee, tenant or occupant of land, a building, a structure or a sign thereon,
who, with respect to such land, building or structure:
(a) contravenes; or
(b) causes, allows or permits a contravention of any provision of this bylaw;
commits an offence.
50.3
It is an offence for any person to:
(a) construct a building or structure,
(b) make an addition or alteration thereto, or
(c) place a sign on land,
for which a development permit is required but has not been issued or is not valid under
this bylaw.
50.4
It is an offence to use residential, agricultural, public, commercial or industrial property
without a valid development permit where the use is listed as a permitted or discretionary
use in the land use district.
50.5
It is an offence to use residential, agricultural, public, commercial or industrial property
without a valid development permit where the use is not listed as a permitted or
discretionary use in the land use district.
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City of Brooks Land Use Bylaw No. 14/12
SECTION 51 NOTICE OF VIOLATION
51.1
Where the Development Authority finds that a development or use of land or buildings is
not in accordance with this bylaw, a development permit or subdivision approval, the
Subdivision and Development Regulation, or the MGA, an Officer may issue a notice of
violation to the registered owner or the person in possession of the land or buildings or to
the person responsible for the contravention.
51.2
Such notice shall state the following:
(a) nature of the violation;
(b) corrective measures required to comply;
(c) the time period within which such corrective measures must carried out; and
(d) a warning that if the violation is not corrected, a stop order will be issued pursuant to
section 645 of the MGA.
51.3
The Municipality is not required to issue a notice of violation before commencing any other
enforcement action under the MGA, or this bylaw, or at all.
SECTION 52 STOP ORDERS
52.1
As set forth in section 645 of the MGA, the Development Authority is authorized to issue
a stop order, herein referred to as an order, if a development or use of land or buildings is
not in accordance with this bylaw, a development permit or subdivision approval, the
Subdivision and Development Regulation, or the MGA.
53.2
A person who receives notice pursuant to Section 52.1 may appeal the order within 21
days of the date on which the order is made to the Subdivision and Development Appeal
Board in accordance with the MGA.
52.3
Pursuant to section 646 of the MGA, if a person fails or refuses to comply with an order
directed to the person under section 645 or an order of a Subdivision And Development
Appeal Board under section 687, the Development Officer may, in accordance with
section 542, enter on the land or building and take any action necessary to carry out the
order.
52.4
The City may register a caveat under the Land Titles Act in respect of an order referred to
in Section 53.1 against the Certificate of Title for the land that is the subject of an order.
52.5
If a caveat is registered under Section 52.4, the City must discharge the caveat when the
order has been complied with.
52.6
If a stop order is not complied with, the City may undertake legal action, including but not
limited to, seeking injunctive relief from the Alberta Court of Queen's Bench pursuant to
section 554 of the MGA. In accordance with section 553 of the MGA, the expenses and
costs of carrying out an order under section 646 of the MGA may be added to the tax roll
of the parcel of land.
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SECTION 53 PENALTIES AND RIGHT OF ENTRY
53.1
Any person who contravenes any provision of this bylaw is guilty of an offence in
accordance with Part 13, Division 5, Offences and Penalties of the MGA and is liable to a
fine of not more than $10,000 or to imprisonment for not more than one year or to both
fine and imprisonment.
53.2
Pursuant to section 542 of the MGA, an Officer may, after giving reasonable notice to and
obtaining consent from the owner or occupier of land:
(a) enter on that land at a reasonable time and carry out inspection, enforcement, or
action authorized or required by the enactment or bylaw;
(b) request anything to be produced that would assist in carrying out Section 53.2(a); and
(c) make copies of anything related to Section 53.2(a).
53.3
Pursuant to section 543 of the MGA, if a person refuses to grant consent or refuses to
provide anything to assist in the inspection, enforcement or action referred to in
section 542 of the MGA, the municipality may obtain a court order.
PART 7: AMENDMENTS TO THIS BYLAW
SECTION 54 AMENDMENT OR REPEAL OF BYLAW
54.1
A person may request an amendment to this bylaw, by applying in writing, providing
reasons in support of the application and paying the prescribed fee.
54.2
All applications to amend this bylaw shall be submitted to the Development Officer and
shall be accompanied by the following:
(a) an application fee;
(b) an application form included in Appendix A of this bylaw, which is completed to the
satisfaction of the Development Officer;
(c) a current Certificate of Title of the land affected and/or other documents satisfactory
to the Development Officer, which indicate the interest of the applicant in the said
land;
(d) all drawings required to be submitted, drawn to the satisfaction of the Development
Officer; and
(e) any other material as deemed necessary by the Development Officer to allow Council
to make a decision on the application.
54.3
The Development Officer may refuse to accept an application for an amendment to this
Land Use Bylaw if, in their opinion, the information supplied is not sufficient to undertake
a proper evaluation of the proposed amendment.
54.4
Once an application is accepted by the Development Officer, they shall forward the
application to Council for a decision.
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City of Brooks Land Use Bylaw No. 14/12
54.5
In reviewing an application to amend this bylaw, Council shall give consideration to the
following:
(a) the consistency of the proposal to the City's statutory and non-statutory plans,
approved policies, and this bylaw;
(b) the proposal is located in an appropriate area of the community and is compatible
with adjacent land uses;
(c) the proposal does not compromise the road capacity of the area, levels of service of
the roads in the area, or vehicular and non-vehicular traffic safety, and is suitably and
efficiently serviced by an off-site road network;
(d) the proposal can be adequately serviced with municipal utilities; and
(e) any other matter as deemed necessary by Council.
54.6
All proposed amendments to this bylaw shall be decided upon by Council in accordance
with the MGA.
54.7
Public hearing and notification requirements shall be in accordance with sections 230,
606, 606.1 and 692 of the MGA.
54.8
Where an application for an amendment to this bylaw has been refused by Council,
another application that is the same or similar shall not be accepted for a period of six (6)
months following the date of the decision of refusal.
54.9
Where an application for an amendment to this bylaw has been refused by Council,
another application that has been significantly changed may be accepted prior to the six
(6) month waiting period prescribed in 54.8 of this section, at the discretion of Council.
SECTION 55 LAND USE DISTRICT REDESIGNATION
55.1
In addition to the general requirements for amendment or repeal of this bylaw as set forth
in Section 54 (Amendment or Repeal of Bylaw), an application made specifically for
redesignation from one land use district to another shall be accompanied by the following:
(a) an application fee;
(b) a completed application form as included in Appendix A;
(c) an explanation of the application describing:
(i)
proposed land use designation and future use(s);
(ii)
consistency with applicable statutory plans or rationale for why the proposal
may be inconsistent with applicable statutory plans;
(iii)
development potential/suitability of the site including identification of any
constraints and/or hazards to development;
(iv)
availability of infrastructure to service the site including adequate water, sewer,
and storm water capacities;
(v)
potential impacts to public roads and options available to address any impacts
that would create issues relating to road capacities, levels of service and
vehicular/non-vehicular traffic safety;
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(vi)
conceptual subdivision design, if applicable;
(vii) geotechnical report prepared by an engineer demonstrating soil suitability if
deemed necessary by the Development Authority;
(viii) an evaluation of surface drainage which may include adjacent properties if
deemed necessary by the Development Authority; and
(ix)
any other information deemed necessary by the Development Authority to
properly evaluate the application;
(d) an Area Structure Plan, Outline Plan or Conceptual Design Scheme may be required
in conjunction with an application if:
(i)
proposing to redesignate lands from Future Urban Development (FUD) to any
other land use district,
(ii)
multiple parcels of land are involved,
(iii)
more than four (4) lots could be created,
(iv)
several fragmented parcels are adjacent to the parcel that is the subject of the
proposed redesignation,
(v)
internal public roads would be required,
(vi)
municipal services would need to be extended, or
(vii)
it is required by the Development Authority.
SCHEDULE 1:
LAND USE DISTRICTS MAP
SCHEDULE 2:
LAND USE DISTRICTS
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Districts | 1
SCHEDULE 2: LAND USE DISTRICTS
SECTION 1: PREAMBLE
(1)
The municipality is divided into those districts shown on the Land Use Districts
Map in Schedule 1; and
(2)
Each district shown on the Land Use Districts Map shall be known by the
following identifying names and abbreviations:
Land Use District Category/Title
Abbreviation
Residential Districts
Residential Single-Detached
R-SD
Residential Small Lot
R-SL
Residential Low Density
R-LD
Residential Medium Density
R-MD
Residential High Density
R-HD
Residential Manufactured Home
R-MH
Residential Manufactured Home Park
R-MP
Commercial Districts
Commercial Central
C-C
Commercial General
C-G
Commercial Neighbourhood
C-N
Industrial Districts
Industrial Light
I-L
Industrial General
I-G
Industrial Heavy
I-H
Public Districts
Public and Quasi-Public Service
P-PS
Public Recreation and Open Space
P-OS
Direct Control Districts
Direct Control
DC
Specialized Districts
Future Urban Development
FUD
RESIDENTIAL LAND USE DISTRICTS
City of Brooks Land Use Bylaw No. 14/12
Districts | 3
RESIDENTIAL SINGLE-DETACHED (R-SD)
SECTION 1: PURPOSE
The purpose of this district is to provide for the development of predominately Single-
Detached Dwellings, with opportunity for Duplex and Attached Housing when integrated
into the dominant built form appropriately.
SECTION 2: USES
2.1
PERMITTED
Accessory Building and
Structure
Day Home
Home Occupation - 1, 2
Public Utility
Secondary Suite
Single-Detached Dwelling
2.2
DISCRETIONARY
Bed and Breakfast
Day Care
Duplex
Government and Public
Service
Group Care Facility
(≤ 5 residents)
Home Occupation - 3
Modular Home
Moved-in Dwelling
Religious Assembly
Attached Housing
(2 units maximum)
SECTION 3: MINIMUM LOT DIMENSIONS
Dwelling Type Lot Size
Lot Depth
Lot Width
Single-
Detached
Dwelling,
Duplex
503 m2 (5414.3 ft2)
33.5 m (109.9 ft)
Mid block: 15 m (49.2 ft)
Corner lot: 18 m (59 ft)
Pie-shaped lot:
15 m (49.2 ft) measured
5 m (16.4 ft) from front
property line
Attached
Housing,
(each unit)
335 m2 (3605.9 ft2)
33.5 m (109.9 ft)
10 m (32.8 ft)
Pie-shaped lot:
10 m (32.8 ft) measured
5 m (16.4 ft) from front
property line
All others
To the discretion of the Development Authority.
Notes
Attached Housing/Duplex lot size minimums are pre-development.
PART 1 | 4
Districts | 4
City of Brooks Land Use Bylaw No. 14/12
SECTION 4: SETBACKS
4.1
APPLICABILITY
(1)
Minimum setbacks for those discretionary uses that do not take place within a
Single-Detached Dwelling shall be determined by the Development Authority;
(2)
Notwithstanding the setbacks provided in sub-section 4.2 of this section, setbacks
in established areas shall be determined by application of sub-section 7.6 of the
first part of this bylaw (Administration); and
(3)
Where the shape of a lot or other circumstances is such that the setbacks
prescribed in sub-section 4.2 of this section cannot be reasonably applied, the
Development Authority shall determine the setbacks.
4.2
SETBACK REQUIREMENTS
Principal Building
Mid-block
Front
Minimum: 5 m (16.4 ft)
Rear
7.6 m (24.9 ft)
Side
1.5 m (4.9 ft)
Corner lot
Front: same as mid-block
Rear
5.0 m (16.4 ft)
Side
1.5 m (4.9 ft)
Flankage (secondary front)
3.0 m (9.8 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Where a site requires vehicular access that is not available from the rear of the
lot and there is no attached garage or carport, the side setback on one side
shall be 3.0 metres.
Accessory Building(s) Larger than 10 m2 (107.6 ft2)
Mid-block
Front
N/A (prohibited in front yards)
Rear
1.0 m (3.3 ft)
Side
1.0 m (3.3 ft)
Corner lot
Front: same as mid-block
Rear
1.0 m (3.3 ft)
Side
1.0 m (3.3 ft)
Flankage (secondary front)
N/A (prohibited in flankage)
City of Brooks Land Use Bylaw No. 14/12
Districts | 5
Internal
From principal building
1.5 m (4.9 ft)
From other accessory buildings
1.0 m (3.3 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Internal setbacks include setbacks from accessory to accessory and accessory
to principal buildings on adjacent lots.
No accessory buildings shall be located adjacent to the principal building on the
same side of the yard as the one-side 3.0 metre principal building setback, if
applicable.
Accessory Building(s) 10 m2 (107.6 ft2) and Smaller
Mid-block
Front
N/A (prohibited in front yards)
Rear
0 m (ft) if internal setbacks are met
Side
0 m (ft) if internal setbacks are met
Corner lot
Front: same as mid-block
Rear
0 m (ft) if internal setbacks are met
Side
0 m (ft) if internal setbacks are met
Flankage (secondary front)
N/A (prohibited in flankage)
Internal
From principal building
1.5 m (4.9 ft)
From other accessory buildings
1.0 m (3.3 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Internal setbacks include setbacks from accessory to accessory and accessory
to principal buildings on adjacent lots.
No accessory buildings shall be located adjacent to the principal building on the
same side of the yard as the one-side 3.0 metre principal building setback, if
applicable.
SECTION 5: MAXIMUM SITE COVERAGE
(1)
Total allowable coverage:
45% inclusive of all buildings
(2)
Principal building:
30 - 45% depending on accessory building(s)
Note: attached garages are considered part of the principal building for the
purposes of site coverage calculations.
(3)
Accessory building(s):
0 - 15% depending on principal building
PART 1 | 6
Districts | 6
City of Brooks Land Use Bylaw No. 14/12
SECTION 6: MAXIMUM BUILDING HEIGHT
(1)
Single-Detached Dwelling and other dwellings up to 2 units:
11.0 m (36 ft)
(2)
Accessory building(s):
4.5 m (14.8 ft)
SECTION 7: MINIMUM FLOOR AREA
7.1
APPLICABILITY
(1)
Minimum floor areas are calculated for that part of a building that is no more than
1.0 m (3.3 ft) below finished grade, which does not include finished basements or
attached garages;
(2)
All minimum floor areas are to be calculated for the main floor of the dwelling
unless otherwise stated; and
(3)
For Single-Detached Dwelling, Duplex, and Attached Housing of more than 1
storey, each additional half storey shall increase the minimum required floor area
by 25 percent.
7.2
MINIMUM FLOOR AREAS
Dwelling Type
Minimum Floor Area
Single-Detached Dwelling
90 m2 (968.8 ft2)
Duplex and Attached Housing (per dwelling unit)
60 m2 (645.8 ft2)
SECTION 8: APPLICABLE SCHEDULES
(1)
The following schedules and sections of this bylaw that apply to the R-SD land use
district include but are not limited to:
(a)
General Standards of Development:
Schedule 3
Section 56: Accessory Buildings and Structures
Section 57: Access Requirements
Section 58: Corner Lots
Section 59: Design Standards
Section 61: Fences, Privacy Walls, and Gates
Section 63: Grading, Excavating, Stripping and Stockpiling
Section 64: Infill Development
Section 66: Landscaping
Section 68: Moved-in Buildings
Section 72: Parking and Loading
Section 74: Projections into Setbacks
Section 75: Quality of Development
Section 77: Site Drainage and Storm Water Management
City of Brooks Land Use Bylaw No. 14/12
Districts | 7
(b)
Use-specific Standards of Development:
Schedule 4
Section 83: Bed and Breakfasts
Section 84: Child Care Facilities
Section 85: Group Care Facilities
Section 86: Home Occupations
Section 90: Modular Homes
Section 93: Secondary Suites
City of Brooks Land Use Bylaw No. 14/12
Districts | 9
RESIDENTIAL SMALL LOT (R-SL)
SECTION 1: PURPOSE
The purpose of this district is to provide for the development
of predominately Single-Detached Dwellings on smaller
residential
lots
in
new
and
established
residential
neighbourhoods.
SECTION 2: USES
2.1
PERMITTED
Accessory Building and
Structure
Day Home
Home Occupation - 1, 2
Public Utility
Secondary Suite
Single-Detached Dwelling
2.2 DISCRETIONARY
Attached
Housing
(2
units)
Bed and Breakfast
Duplex
Government and Public
Service
Home Occupation - 3
Moved-in Dwelling
Modular Home
SECTION 3: MINIMUM LOT DIMENSIONS
Dwelling Type Lot Size
Lot Depth
Lot Width
Single-
Detached
Dwelling,
Duplex
278.6 m2 (3000 ft2)
30.5 m (100.0 ft)
Mid block: 9.14 m (30.0 ft)
Corner lot: 12.19 m (40.0
ft)
Pie-shaped lot:
9.14 m (30.0 ft) measured
5 m (16.4 ft) from front
property line
Attached
Housing,
(each unit)
335 m2 (3605.9 ft2)
33.5 m (109.9 ft)
10 m (32.8 ft)
Pie-shaped lot:
10 m (32.8 ft) measured
5 m (16.4 ft) from front
property line
All others
To the discretion of the Development Authority.
Notes
Attached Housing/Duplex lot size minimums are pre-development.
PART 1 | 10
Districts | 10
City of Brooks Land Use Bylaw No. 14/12
SECTION 4: SETBACKS
4.1
APPLICABILITY
(1)
Minimum setbacks for those discretionary uses that do not take place within a
Single-Detached Dwelling shall be determined by the Development Authority;
(2)
Notwithstanding the setbacks provided in sub-section 4.2 of this section, setbacks
in established areas shall be determined by application of sub-section 7.6 of the
first part of this bylaw (Administration); and
(3)
Where the shape of a lot or other circumstances is such that the setbacks
prescribed in sub-section 4.2 of this section cannot be reasonably applied, the
Development Authority shall determine the setbacks.
4.2
SETBACK REQUIREMENTS
Principal Building
Mid-block
Front
Minimum: 5 m (16.4 ft)
Rear
7.6 m (24.9 ft)
Side
1.5 m (4.9 ft)
Corner lot
Front: same as mid-block
Rear
5.0 m (16.4 ft)
Side
1.2 m (3.9 ft)
Flankage (secondary front)
3.0 m (9.8 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Where a site requires vehicular access that is not available from the rear of the
lot and there is no attached garage or carport, the side setback on one side
shall be 3.0 metres.
Accessory Building(s) Larger than 10 m2 (107.6 ft2)
Mid-block
Front
N/A (prohibited in front yards)
Rear
1.0 m (3.3 ft)
Side
1.0 m (3.3 ft)
Corner lot
Front: same as mid-block
Rear
1.0 m (3.3 ft)
Side
1.0 m (3.3 ft)
Flankage (secondary front)
N/A (prohibited in flankage)
Internal
From principal building
1.5 m (4.9 ft)
From other accessory buildings
1.0 m (3.3 ft)
City of Brooks Land Use Bylaw No. 14/12
Districts | 11
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Internal setbacks include setbacks from accessory to accessory and accessory
to principal buildings on adjacent lots.
No accessory buildings shall be located adjacent to the principal building on the
same side of the yard as the one-side 3.0 metre principal building setback, if
applicable.
Accessory Building(s) 10 m2 (107.6 ft2) and Smaller
Mid-block
Front
N/A (prohibited in front yards)
Rear
0 m (ft) if internal setbacks are met
Side
0 m (ft) if internal setbacks are met
Corner lot
Front: same as mid-block
Rear
0 m (ft) if internal setbacks are met
Side
0 m (ft) if internal setbacks are met
Flankage (secondary front)
N/A (prohibited in flankage)
Internal
From principal building
1.5 m (4.9 ft)
From other accessory buildings
1.0 m (3.3 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Internal setbacks include setbacks from accessory to accessory and accessory
to principal buildings on adjacent lots.
No accessory buildings shall be located adjacent to the principal building on the
same side of the yard as the one-side 3.0 metre principal building setback, if
applicable.
SECTION 5: MAXIMUM SITE COVERAGE
(1)
Total allowable coverage:
45% inclusive of all buildings
(2)
Principal building:
30 - 45% depending on accessory building(s)
Note: attached garages are considered part of the principal building for the
purposes of site coverage calculations.
(3)
Accessory building(s):
0 - 15% depending on principal building
SECTION 6: MAXIMUM BUILDING HEIGHT
(1)
Single-Detached Dwelling and Attached Housing or
Duplex dwellings up to 2 units:
11.0 m (36 ft)
(2)
Accessory building(s):
4.5 m (14.8 ft)
PART 1 | 12
Districts | 12
City of Brooks Land Use Bylaw No. 14/12
SECTION 7: MINIMUM FLOOR AREA
7.1
APPLICABILITY
(1)
Minimum floor areas are calculated for that part of a building that is no more than
1.0 m (3.3 ft) below finished grade, which does not include finished basements or
attached garages;
(2)
All minimum floor areas are for the main floor of the dwelling unless otherwise
stated; and
(3)
For Single-Detached Dwelling, Attached Housing and Duplex dwellings of more
than 1 storey, each additional half storey shall increase the minimum required floor
area by 25 percent.
7.2
MINIMUM FLOOR AREAS
Dwelling Type
Minimum Floor Area
Single-Detached Dwelling
90 m2 (968.8 ft2)
Attached Housing or Duplex (per dwelling unit)
60 m2 (645.8 ft2)
SECTION 8: APPLICABLE SCHEDULES
(1)
The following schedules and sections of this bylaw that apply to the R-SL land use
district include but are not limited to:
(a)
General Standards of Development:
Schedule 3
Section 56: Accessory Buildings and Structures
Section 57: Access Requirements
Section 58: Corner Lots
Section 59: Design Standards
Section 61: Fences, Privacy Walls, and Gates
Section 63: Grading, Excavating, Stripping and Stockpiling
Section 64: Infill Development
Section 66: Landscaping
Section 68: Moved-in Buildings
Section 72: Parking and Loading
Section 74: Projections into Setbacks
Section 75: Quality of Development
Section 77: Site Drainage and Storm Water Management
(b)
Use-specific Standards of Development:
Schedule 4
Section 83: Bed and Breakfasts
Section 84: Child Care Facilities
Section 86: Home Occupations
Section 90: Modular Homes
Section 93: Secondary Suites
City of Brooks Land Use Bylaw No. 14/12
Districts | 13
RESIDENTIAL LOW DENSITY (R-LD)
SECTION 1: PURPOSE
The purpose of this district is to provide for low
density residential development in the form of Single-
Detached and two and three unit dwellings, with
consideration for other forms such as Apartments,
where appropriately integrated into the dominate built
form.
SECTION 2: USES
2.1
PERMITTED
Accessory Building and
Structure
Day Home
Duplex
Home Occupation- 1, 2
Public Utility
Secondary Suite
Single-Detached Dwelling
Attached Housing
(3 unit maximum)
2.2
DISCRETIONARY
Apartment
(4 unit maximum)
Attached Housing
(4 unit maximum)
Bed and Breakfast
Cluster Housing
Day Care
Government and Public
Service
Group Care Facility
(≤ 5 residents)
Home Occupation - 3
Moved-in Dwelling
Modular Home
Multi-Unit Dwelling
(4 unit maximum)
SECTION 3: MINIMUM LOT DIMENSIONS
Dwelling Type
Lot Size
Lot Depth
Lot Width
Single-Detached
Dwelling,
Duplex
402 m2 (4327.1 ft2)
33.5 m (109.9 ft)
Mid block: 12 m (39.4 ft)
Corner lot: 15 m (49.2 ft)
Pie-shaped lot:
15 m (49.2 ft) measured
5 m (16.4 ft) from front
property line
Attached Housing
2 unit
(each unit)
335 m2 (3605.9 ft2)
33.5 m (109.9 ft)
10 m (32.8 ft)
PART 1 | 14
Districts | 14
City of Brooks Land Use Bylaw No. 14/12
Attached Housing
>2 unit
(each unit)
End dwelling:
335 m2 (3605.9 ft2)
Interior dwelling:
218 m2 (2346.5 ft2)
33.5 m (109.9 ft)
End dwelling unit:
10 m (32.8 ft)
Interior dwelling unit:
6.5 m (21.3 ft)
All others
To the discretion of the Development Authority.
SECTION 4: SETBACKS
4.1
APPLICABILITY
(1)
Minimum setbacks for those discretionary uses that do not take place within a
Single-Detached Dwelling shall be determined by the Development Authority;
(2)
Notwithstanding the setbacks provided in sub-section 4.2 of this section, setbacks
in established areas shall be determined by application of sub-section 7.6 of the
first part of this bylaw (Administration); and
(3)
Where the shape of a lot or other circumstances is such that the setbacks
prescribed in sub-section 4.2 of this section cannot be reasonably applied, the
Development Authority shall determine the setbacks.
4.2
SETBACK REQUIREMENTS
Principal Building
Mid-block
Front
Minimum: 5 m (16.4 ft)
Rear
7.6 m (24.9 ft)
Side
1.5 m (4.9 ft)
Corner lot
Front: same as mid-block
Rear
5.0 m (16.4 ft)
Side
1.5 m (4.9 ft)
Flankage (secondary front)
3.0 m (9.8 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Where a site requires vehicular access that is not available from the rear of the
lot and there is no attached garage or carport, the side setback on one side
shall be 3.0 metres.
Accessory Building(s) Larger than 10 m2 (107.6 ft2)
Mid-block
Front
N/A (prohibited in front yards)
Rear
1.0 m (3.3 ft)
Side
1.0 m (3.3 ft)
Corner lot
Front: same as mid-block
Rear
1.0 m (3.3 ft)
City of Brooks Land Use Bylaw No. 14/12
Districts | 15
Side
1.0 m (3.3 ft)
Flankage (secondary front)
N/A (prohibited in flankage)
Internal
From principal building
1.5 m (4.9 ft)
From other accessory buildings
1.0 m (3.3 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Internal setbacks include setbacks from accessory to accessory and accessory
to principal buildings on adjacent lots.
No accessory buildings shall be located adjacent to the principal building on the
same side of the yard as the one-side 3.0 metre principal building setback, if
applicable.
Accessory Building(s) 10 m2 (107.6 ft2) and Smaller
Mid-block
Front
N/A (prohibited in front yards)
Rear
0 m (ft) if internal setbacks are met
Side
0 m (ft) if internal setbacks are met
Corner lot
Front: same as mid-block
Rear
0 m (ft) if internal setbacks are met
Side
0 m (ft) if internal setbacks are met
Flankage (secondary front)
N/A (prohibited in flankage)
Internal
From principal building
1.5 m (4.9 ft)
From other accessory buildings
1.0 m (3.3 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Internal setbacks include setbacks from accessory to accessory and accessory
to principal buildings on adjacent lots.
No accessory buildings shall be located adjacent to the principal building on the
same side of the yard as the one-side 3.0 metre principal building setback, if
applicable.
SECTION 5: MAXIMUM SITE COVERAGE
(1)
Total allowable coverage:
45% inclusive of all buildings
(2)
Principal building:
30 - 45% depending on accessory building(s)
Note: attached garages are considered part of the principal building for the
purposes of site coverage calculations.
(3)
Accessory building(s):
0 - 15% depending on principal building
PART 1 | 16
Districts | 16
City of Brooks Land Use Bylaw No. 14/12
SECTION 6: MAXIMUM BUILDING HEIGHT
(1)
Single-Detached Dwelling and dwellings up to 3 units:
11.0 m (36 ft)
(2)
Dwellings greater than 3 units:
12 m (39.4 ft)
(3)
Accessory building(s):
4.5 m (14.8 ft)
SECTION 7: MINIMUM FLOOR AREA
7.1
APPLICABILITY
(1)
Minimum floor areas are calculated for that part of a building that is no more than
1.0 m (3.3 ft) below finished grade, which does not include finished basements or
attached garages;
(2)
All minimum floor areas are for the main floor of the dwelling unless otherwise
stated; and
(3)
For Single-Detached Dwelling, Duplex, and Attached Housing of more than 1
storey, each additional half storey shall increase the minimum required floor area
by 25 percent.
7.2
MINIMUM FLOOR AREAS
Dwelling Type
Minimum Floor Area
Single-Detached Dwelling
90 m2 (968.8 ft2)
Apartment, Attached Housing and Multi-unit Dwelling
(per dwelling unit)
60 m2 (645.8 ft2)
SECTION 8: APPLICABLE SCHEDULES
(1)
The following schedules and sections of this bylaw that apply to the R-LD land use
district include but are not limited to:
(a)
General Standards of Development:
Schedule 3
Section 56: Accessory Buildings and Structures
Section 57: Access Requirements
Section 58: Corner Lots
Section 59: Design Standards
Section 61: Fences, Privacy Walls, and Gates
Section 63: Grading, Excavating, Stripping and Stockpiling
Section 66: Landscaping
Section 68: Moved-in Buildings
Section 72: Parking and Loading
Section 74: Projections into Setbacks
Section 75: Quality of Development
Section 77: Site Drainage and Storm Water Management
City of Brooks Land Use Bylaw No. 14/12
Districts | 17
(b)
Use-specific Standards of Development:
Schedule 4
Section 83: Bed and Breakfasts
Section 84: Child Care Facilities
Section 85: Group Care Facilities
Section 86: Home Occupations
Section 90: Modular Homes
Section 91: Multi-unit Residential Development
Section 93: Secondary Suites
Section 97: Cluster Housing
City of Brooks Land Use Bylaw No. 14/12
Districts | 19
RESIDENTIAL MEDIUM DENSITY (R-MD)
SECTION 1: PURPOSE
The purpose of this district is to provide for low
density residential development in the form of
Single-Detached and two and three unit
dwellings, with consideration for other forms,
such as Apartments up to 8 units, where
appropriately integrated into the dominate built
form.
SECTION 2: USES
2.1
PERMITTED
Accessory Building and
Structure
Apartment
(4 unit maximum)
Attached Housing
(4 unit maximum)
Day Home
Duplex
Home Occupation - 1, 2
Public Utility
Secondary Suite
Single-Detached Dwelling
2.2
DISCRETIONARY
Apartment
(8 unit maximum)
Attached Housing
(8 unit maximum)
Bed and Breakfast
Cluster Housing
Day Care
Government and Public
Service
Group Care Facility
(≤ 5 residents)
Home Occupation - 3
Modular Home
Moved-in Dwelling
Multiple Unit Residential
Development
(8 unit maximum)
Multi-unit Dwelling
(8 unit maximum)
SECTION 3: MINIMUM LOT DIMENSIONS
Dwelling Type
Lot Size
Lot Depth
Lot Width
Single-Detached
Dwelling,
Duplex
402 m2 (4327.1 ft2)
33.5 m (109.9 ft)
Mid block: 12 m (39.4 ft)
Corner lot: 15 m (49.2 ft)
Pie-shaped lot:
15 m (49.2 ft) measured
5 m (16.4 ft) from front
property line
PART 1 | 20
Districts | 20
City of Brooks Land Use Bylaw No. 14/12
Attached Housing
2 unit
(each unit)
335 m2 (3605.9 ft2)
33.5 m (109.9 ft)
10 m (32.8 ft)
Attached Housing
>2 unit
(each unit)
End dwelling:
335 m2 (3605.9 ft2)
Interior dwelling:
218 m2 (2346.5 ft2)
33.5 m (109.9 ft)
End dwelling unit:
10 m (32.8 ft)
Interior dwelling unit:
6.5 m (21.3 ft)
All others
To the discretion of the Development Authority.
SECTION 4: SETBACKS
4.1
APPLICABILITY
(1)
Minimum setbacks for those discretionary uses that do not take place within a
Single-Detached Dwelling shall be determined by the Development Authority.
(2)
Notwithstanding the setbacks provided in sub-section 4.2 of this section, setbacks
in established areas shall be determined by application of sub-section 7.6 of the
first part of this bylaw (Administration).
(3)
Where the shape of a lot or other circumstances is such that the setbacks
prescribed in sub-section 4.2 of this section cannot be reasonably applied, the
Development Authority shall determine the setbacks.
4.2
SETBACK REQUIREMENTS
Principal Building
Mid-block
Front
Minimum: 5 m (16.4 ft)
Rear
7.6 m (24.9 ft)
Side
1.5 m (4.9 ft)
Corner lot
Front: same as mid-block
Rear
5.0 m (16.4 ft)
Side
1.5 m (4.9 ft)
Flankage (secondary front)
3.0 m (9.8 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Where a site requires vehicular access that is not available from the rear of the
lot and there is no attached garage or carport, the side setback on one side
shall be 3.0 metres.
Accessory Building(s) Larger than 10 m2 (107.6 ft2)
Mid-block
Front
N/A (prohibited in front yards)
Rear
1.0 m (3.3 ft)
Side
1.0 m (3.3 ft)
City of Brooks Land Use Bylaw No. 14/12
Districts | 21
Corner lot
Front: same as mid-block
Rear
1.0 m (3.3 ft)
Side
1.0 m (3.3 ft)
Flankage (secondary front)
N/A (prohibited in flankage)
Internal
From principal building
1.5 m (4.9 ft)
From other accessory buildings
1.0 m (3.3 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Internal setbacks include setbacks from accessory to accessory and accessory
to principal buildings on adjacent lots.
No accessory buildings shall be located adjacent to the principal building on the
same side of the yard as the one-side 3.0 metre principal building setback, if
applicable.
Accessory Building(s) 10 m2 (107.6 ft2) and Smaller
Mid-block
Front
N/A (prohibited in front yards)
Rear
0 m (ft) if internal setbacks are met
Side
0 m (ft) if internal setbacks are met
Corner lot
Front: same as mid-block
Rear
0 m (ft) if internal setbacks are met
Side
0 m (ft) if internal setbacks are met
Flankage (secondary front)
N/A (prohibited in flankage)
Internal
From principal building
1.5 m (4.9 ft)
From other accessory buildings
1.0 m (3.3 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Internal setbacks include setbacks from accessory to accessory and accessory
to principal buildings on adjacent lots.
No accessory buildings shall be located adjacent to the principal building on the
same side of the yard as the one-side 3.0 metre principal building setback, if
applicable.
SECTION 5: MAXIMUM SITE COVERAGE
(1)
Total allowable coverage:
45% inclusive of all buildings
(2)
Principal building:
30 - 45% depending on accessory building(s)
Note: attached garages are considered part of the principal building for the
purposes of site coverage calculations.
(3)
Accessory building(s):
0-15% depending on principal building
PART 1 | 22
Districts | 22
City of Brooks Land Use Bylaw No. 14/12
SECTION 6: MAXIMUM BUILDING HEIGHT
(1)
Single-Detached Dwellings and dwellings up to 4 units:
11.0 m (36 ft)
(2)
Dwellings up to 8 units:
12 m (39.4 ft)
(3)
Accessory building(s):
4.5 m (14.8 ft)
SECTION 7: MINIMUM FLOOR AREA
7.1
APPLICABILITY
(1)
Minimum floor areas are calculated for that part of a building that is no more than
1.0 m (3.3 ft) below finished grade, which does not include finished basements or
attached garages;
(2)
All minimum floor areas are for the main floor of the dwelling unless otherwise
stated; and
(3)
For Single-Detached Dwelling, Duplex, and Attached Housing of more than 1
storey, each additional half storey shall increase the minimum required floor area
by 25 percent.
7.2
MINIMUM FLOOR AREAS
Dwelling Type
Minimum Floor Area
Single-Detached Dwelling
90 m2 (968.8 ft2)
Apartment, Attached Housing, and Multi-unit Dwelling
(per dwelling unit)
60 m2 (645.8 ft2)
SECTION 8: APPLICABLE SCHEDULES
(1)
The following schedules and sections of this bylaw that apply to the R-MD land
use district include but are not limited to:
(a)
General Standards of Development:
Schedule 3
Section 56: Accessory Buildings and Structures
Section 57: Access Requirements
Section 58: Corner Lots
Section 59: Design Standards
Section 61: Fences, Privacy Walls, and Gates
Section 63: Grading, Excavating, Stripping and Stockpiling
Section 66: Landscaping
Section 68: Moved-in Buildings
Section 72: Parking and Loading
Section 74: Projections into Setbacks
Section 75: Quality of Development
City of Brooks Land Use Bylaw No. 14/12
Districts | 23
Section 77: Site Drainage and Storm Water Management
(b)
Use-specific Standards of Development:
Schedule 4
Section 83: Bed and Breakfasts
Section 84: Child Care Facilities
Section 85: Group Care Facilities
Section 86: Home Occupations
Section 90: Modular Homes
Section 91: Multi-unit Dwellings
Section 93: Secondary Suites
Section 97: Cluster Housing
City of Brooks Land Use Bylaw No. 14/12
Districts | 25
RESIDENTIAL HIGH DENSITY (R-HD)
SECTION 1: PURPOSE
The purpose of this district is to:
(1)
Provide for a mixture of dwelling unit
types in various configurations such as
Single-Detached Dwellings and Multi-
unit Dwellings in a range of densities
generally greater than that of any other
residential district;
(2)
Promote the continuation of a mixture
of contextually appropriate residential and non-residential uses within established
areas of the City, while providing for similar opportunities in new neighbourhoods.
SECTION 2: USES
2.1
PERMITTED
Accessory Building and
Structure
Apartment
Day Care
Day Home
Duplex
Home Occupation - 1, 2
Multi-unit Dwelling
Public Utility
Secondary Suite
Single-Detached Dwelling
Attached Housing
2.2
DISCRETIONARY
Bed and Breakfast
Commercial uses on the main
floor of multi-storey buildings:
Business and Professional
Office
Cafe
Medical Office
Minor Retail Establishment
Personal Services
Cluster Housing
Government and Public
Service
Group Care Facility
(≤ 5 residents)
Home Occupation - 3
Modular Home
Moved-in Dwelling
Multiple Unit Residential
Development
Religious Assembly
PART 1 | 26
Districts | 26
City of Brooks Land Use Bylaw No. 14/12
SECTION 3: MINIMUM LOT DIMENSIONS
Dwelling Type
Lot Size
Lot Depth
Lot Width
Single-Detached
Dwelling,
Duplex
402 m2 (4327.1 ft2)
33.5 m (109.9 ft)
Mid block: 12 m (39.4 ft)
Corner lot: 15 m (49.2 ft)
Pie-shaped lot:
15 m (49.2 ft) measured
5 m (16.4 ft) from front
property line
Attached Housing
2 unit
(each unit)
335 m2 (3605.9 ft2)
33.5 m (109.9 ft)
10 m (32.8 ft)
Attached Housing
>2 unit
(each unit)
End dwelling:
335 m2 (3605.9 ft2)
Interior dwelling:
218 m2 (2346.5 ft2)
33.5 m (109.9 ft)
End dwelling unit:
10 m (32.8 ft)
Interior dwelling unit:
6.5 m (21.3 ft)
All others
To the discretion of the Development Authority.
SECTION 4: SETBACKS
4.1
APPLICABILITY
(1)
Minimum setbacks for those discretionary uses that do not take place within a
Single-Detached Dwelling shall be determined by the Development Authority.
(2)
Notwithstanding the setbacks provided in sub-section 4.2 of this section, setbacks
in established areas shall be determined by application of sub-section 7.6 of the
first part of this bylaw (Administration).
(3)
Where the shape of a lot or other circumstances is such that the setbacks
prescribed in sub-section 4.2 of this section cannot be reasonably applied, the
Development Authority shall determine the setbacks.
4.2
SETBACK REQUIREMENTS
Principal Building
Mid-block
Front
Minimum: 5 m (16.4 ft)
Rear: Single-Detached Dwelling,
Duplex, Attached Housing
5 m (16.4 ft)
Rear: Multi-unit Dwelling of 4 or
more units
6 m (19.7 ft)
Side
1.5 m (4.9 ft)
Corner lot
Front: same as mid-block
Rear
5.0 m (16.4 ft)
Side
1.5 m (4.9 ft)
City of Brooks Land Use Bylaw No. 14/12
Districts | 27
Flankage (secondary front)
3.0 m (9.8 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Where a site requires vehicular access that is not available from the rear of the
lot and there is no attached garage or carport, the side setback on one side
shall be 3.0 metres.
Accessory Building(s) Larger than 10 m2 (107.6 ft2)
Mid-block
Front
N/A (prohibited in front yards)
Rear
1.0 m (3.3 ft)
Side
1.0 m (3.3 ft)
Corner lot
Front: same as mid-block
Rear
1.0 m (3.3 ft)
Side
1.0 m (3.3 ft)
Flankage (secondary front)
N/A (prohibited in flankage)
Internal
From principal building
1.5 m (4.9 ft)
From other accessory buildings
1.0 m (3.3 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Internal setbacks include setbacks from accessory to accessory and accessory
to principal buildings on adjacent lots.
No accessory buildings shall be located adjacent to the principal building on the
same side of the yard as the one-side 3.0 metre principal building setback, if
applicable.
Accessory Building(s) 10 m2 (107.6 ft2) and Smaller
Mid-block
Front
N/A (prohibited in front yards)
Rear
0 m (ft) if internal setbacks are met
Side
0 m (ft) if internal setbacks are met
Corner lot
Front: same as mid-block
Rear
0 m (ft) if internal setbacks are met
Side
0 m (ft) if internal setbacks are met
Flankage (secondary front)
N/A (prohibited in flankage)
Internal
From principal building
1.5 m (4.9 ft)
From other accessory buildings
1.0 m (3.3 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Internal setbacks include setbacks from accessory to accessory and accessory
to principal buildings on adjacent lots.
No accessory buildings shall be located adjacent to the principal building on the
same side of the yard as the one-side 3.0 metre principal building setback, if
applicable.
PART 1 | 28
Districts | 28
City of Brooks Land Use Bylaw No. 14/12
SECTION 5: MAXIMUM SITE COVERAGE
(4)
Total allowable coverage:
50% inclusive of all buildings
(5)
Principal building:
35-50% depending on accessory building(s)
Note: attached garages are considered part of the principal building for the
purposes of site coverage calculations.
(6)
Accessory building(s):
0-15% depending on principal building
SECTION 6: MAXIMUM BUILDING HEIGHT
(1)
Single-Detached Dwelling and dwellings up to 3 units:
11.0 m (36 ft)
(2)
Dwellings of 4 or more units:
12 m (39.4 ft)
(3)
Accessory building(s):
4.5 m (14.8 ft)
SECTION 7: MINIMUM FLOOR AREA
7.1
APPLICABILITY
(1)
Minimum floor areas are calculated for that part of a building that is no more than
1.0 m (3.3 ft) below finished grade, which does not include finished basements or
attached garages;
(2)
All minimum floor areas are for the main floor of the dwelling unless otherwise
stated; and
(3)
For Single-Detached Dwelling, Duplex, and Attached Housing of more than 1
storey, each additional half storey shall increase the minimum required floor area
by 25 percent.
7.2
MINIMUM FLOOR AREAS
Dwelling Type
Minimum Floor Area
Single-Detached Dwelling
90 m2 (968.8 ft2)
Attached Housing and Multi-unit Dwelling
(per dwelling unit)
60 m2 (645.8 ft2)
SECTION 8: APPLICABLE SCHEDULES
(1)
The following schedules and sections of this bylaw that apply to the R-HD land use
district include but are not limited to:
(a)
General Standards of Development:
Schedule 3
Section 56: Accessory Buildings and Structures
City of Brooks Land Use Bylaw No. 14/12
Districts | 29
Section 57: Access Requirements
Section 58: Corner Lots
Section 59: Design Standards
Section 61: Fences, Privacy Walls, and Gates
Section 63: Grading, Excavating, Stripping and Stockpiling
Section 66: Landscaping
Section 67: Mixed-Use Development
Section 68: Moved-in Buildings
Section 72: Parking and Loading
Section 74: Projections into Setbacks
Section 75: Quality of Development
Section 77: Site Drainage and Storm Water Management
(b)
Use-specific Standards of Development:
Schedule 4
Section 83: Bed and Breakfasts
Section 84: Child Care Facilities
Section 85: Group Care Facilities
Section 86: Home Occupations
Section 90: Modular Homes
Section 91: Multi-unit Residential Development
Section 93: Secondary Suites
Section 97: Cluster Housing
City of Brooks Land Use Bylaw No. 14/12
Districts | 31
RESIDENTIAL MANUFACTURED HOME (R-MH)
SECTION 1: PURPOSE
The purpose of this district is to provide for the
development
of
comprehensively
designed
manufactured home subdivisions in which dwelling
units are accommodated in individually titled parcels,
with individual servicing connections supplied for each
unit.
SECTION 2: USES
2.1
PERMITTED
Accessory buildings and
structures
Home occupations - 1, 2
Manufactured homes
Public utilities
2.2
DISCRETIONARY
Government and public
services
Home occupations - 3
Modular homes
Moved-in dwellings
Single-detached dwellings
SECTION 3: ELIGIBLE MANUFACTURED HOMES
(1)
Manufactured homes shall be Canadian Standards Association (CSA) certified
and meet the requirements of any other applicable national, provincial and local
regulations and standards;
(2)
New factory built manufactured homes constructed in accordance with CSA A-277
and Z-240 standards and any amendments thereto; and
(3)
Used factory built manufactured homes in a state of good repair, as defined in
Schedule 4 (Use Specific Standards of Development) of this bylaw and further to
the discretion of the Development Authority.
SECTION 4: MINIMUM LOT DIMENSIONS
Dwelling Type
Lot Size
Lot Depth
Lot Width
Manufactured
Homes
385.3 m2
(4147.3 ft2)
33.5 m (109.9 ft)
Mid block: 11.5 m (37.7 ft)
Corner lot: 15 m (49.2 ft)
Pie-shaped lot:
13 m (42.7 ft) measured
7.5 m (24.6 ft) from front
property line
All others
To the discretion of the Development Authority.
PART 1 | 32
Districts | 32
City of Brooks Land Use Bylaw No. 14/12
SECTION 5: SETBACKS
5.1
APPLICABILITY
(1)
Minimum setbacks for those discretionary uses that do not take place within a
manufactured home shall be determined by the Development Authority;
(2)
Notwithstanding the setbacks provided in sub-section 5.2 of this section, setbacks
in established areas shall be determined by application of sub-section 7.6 of the
first part of this bylaw (Administration); and
(3)
Where the shape of a lot or other circumstances is such that the setbacks
prescribed in sub-section 5.2 of this section cannot be reasonably applied, the
Development Authority shall determine the setbacks.
5.2
SETBACK REQUIREMENTS
Principal Building
Mid-block
Front
Minimum: 5 m (16.4 ft)
Rear
3 m (9.8 ft)
Side
0 m (0 ft) one side only (see Notes)
Corner lot
Front: same as mid-block
Rear
3.0 m (9.8 ft)
Side
0 m (0 ft) for the interior side yard
Flankage (secondary front)
3.0 m (9.8 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
If parking stalls cannot be accommodated along the side of the lot, the minimum
front setback shall be 6 m.
0 m side yard setback only permitted when the home is placed on the opposite
side yard to the home on the adjacent lot, and a minimum 1.5 m (4.92 ft)
maintenance easement is registered on the adjacent property, giving access to
the side of the home that would otherwise be inaccessible.
Accessory Building(s) Larger than 10 m2 (107.6 ft2)
Mid-block
Front
N/A (prohibited in front yards)
Rear
1.0 m (3.3 ft)
Side
1.0 m (3.3 ft)
Corner lot
Front: same as mid-block
Rear
1.0 m (3.3 ft)
Side
1.0 m (3.3 ft)
Flankage (secondary front)
N/A (prohibited in flankage)
City of Brooks Land Use Bylaw No. 14/12
Districts | 33
Internal
From principal building
1.5 m (4.9 ft)
From other accessory buildings
1.0 m (3.3 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Internal setbacks include setbacks from accessory to accessory and accessory
to principal buildings on adjacent lots.
No accessory buildings shall be located adjacent to the principal building on the
same side of the yard as the one-side 3.0 metre principal building setback, if
applicable.
Accessory Building(s) 10 m2 (107.6 ft2) and Smaller
Mid-block
Front
N/A (prohibited in front yards)
Rear
0 m (ft) if internal setbacks are met
Side
0 m (ft) if internal setbacks are met
Corner lot
Front: same as mid-block
Rear
0 m (ft) if internal setbacks are met
Side
0 m (ft) if internal setbacks are met
Flankage (secondary front)
N/A (prohibited in flankage)
Internal
From principal building
1.5 m (4.9 ft)
From other accessory buildings
1.0 m (3.3 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Internal setbacks include setbacks from accessory to accessory and accessory
to principal buildings on adjacent lots.
No accessory buildings shall be located adjacent to the principal building on the
same side of the yard as the one-side 3.0 metre principal building setback, if
applicable.
SECTION 6: MAXIMUM SITE COVERAGE
(1)
Total allowable coverage:
45% inclusive of all buildings
(2)
Principal building:
30 - 45% depending on accessory building(s)
Note: attached garages are considered part of the principal building for the
purposes of site coverage calculations.
(3)
Accessory building(s):
0 - 15% depending on principal building
PART 1 | 34
Districts | 34
City of Brooks Land Use Bylaw No. 14/12
SECTION 7: BUILDING DIMENSIONS
(1)
Principal building maximum height:
6 m (19.7 ft)
(2)
Accessory building(s) maximum height:
4.5 m (14.8 ft)
(3)
Manufactured home minimum width:
4.2 m (13.8 ft)
(4)
Dimensional requirements for all other buildings in this district are to the discretion
of the Development Authority.
SECTION 8: MINIMUM FLOOR AREA
8.1
APPLICABILITY
(1)
Minimum floor areas are calculated for that part of a building that is no more than
1.0 m (3.3 ft) below finished grade, which does not include finished basements or
attached garages;
(2)
All minimum floor areas are for the main floor of the dwelling unless otherwise
stated; and
(3)
For dwellings of more than one (1) storey, each additional half storey shall increase
the minimum required floor area by twenty five (25) percent.
8.2
MINIMUM FLOOR AREAS
Dwelling Type
Minimum Floor Area
Manufactured home
75 m2 (807.3 ft2)
Single-detached, Modular home
To the discretion of the
Development Authority
SECTION 9: FOUNDATION REQUIREMENTS
(1)
All manufactured homes shall be placed on a full foundation of poured concrete or
concrete blocks or upon and affixed to steel or concrete piles, or upon an approved
treated wooden basement or foundation;
(2)
If a manufactured home is placed on piles, it shall be skirted from the base of the
home to the ground with material similar in design to the home itself; and
(3)
Regardless of the type of foundation a manufactured home is placed on, all
hitches, wheels, and axels shall be removed prior to occupancy of the home.
City of Brooks Land Use Bylaw No. 14/12
Districts | 35
SECTION 10: APPLICABLE SCHEDULES
(1)
The following schedules and sections of this bylaw that apply to the R-MH land
use district include but are not limited to:
(a)
General Standards of Development:
Schedule 3
Section 56: Accessory Buildings and Structures
Section 57: Access Requirements
Section 58: Corner Lots
Section 59: Design Standards
Section 61: Fences, Privacy Walls, and Gates
Section 63: Grading, Excavating, Stripping and Stockpiling
Section 66: Landscaping
Section 68: Moved-in Buildings
Section 72: Parking and Loading
Section 74: Projections into Setbacks
Section 75: Quality of Development
Section 77: Site Drainage and Storm Water Management
(b)
Use-specific Standards of Development:
Schedule 4
Section 86: Home Occupations
Section 88: Manufactured Homes and Manufactured Home Parks
Section 90: Modular Homes
City of Brooks Land Use Bylaw No. 14/12
Districts | 37
RESIDENTIAL MANUFACTURED HOME PARK (R-MP)
SECTION 1: PURPOSE
The purpose of this district is to provide
for the development of manufactured
home parks where un-subdivided but
appropriately
demarcated
and
adequately serviced lots are available for
lease or rent, in accordance with
approved comprehensive plans and in
locations considered to be suitable and
complementary to adjacent uses.
SECTION 2: USES
2.1
PERMITTED
Accessory buildings and
structures
Home occupations - 1, 2
Manufactured homes
Manufactured home parks
Parks and playgrounds
Public utilities
2.2
DISCRETIONARY
Government and public
services
Home occupations - 3
Modular homes
SECTION 3: ELIGIBLE MANUFACTURED HOMES
(1)
Manufactured homes shall be Canadian Standards Association (CSA) certified
and meet the requirements of any other applicable national, provincial and local
regulations and standards;
(2)
New factory built manufactured homes constructed in accordance with CSA A-277
and Z-240 standards and any amendments thereto; and
(3)
Used factory built manufactured homes in a state of good repair, as defined in
Section 89 (Manufactured Homes and Manufactured Home Parks) of Schedule 4
(Use Specific Standards of Development) of this bylaw and further to the discretion
of the Development Authority.
SECTION 4: MINIMUM MANUFACTURED HOME PARK SIZE
The minimum size for manufactured home parks shall be 2 hectares (4.9 acres) or
alternatively as approved by the Development Authority, with consideration for the
suitability of smaller sites and potential impacts to adjacent uses.
PART 1 | 38
Districts | 38
City of Brooks Land Use Bylaw No. 14/12
SECTION 5: MINIMUM LOT DIMENSIONS
Dwelling Type
Lot Size
Lot Depth
Lot Width
Manufactured
Homes
360 m2 (3875 ft2)
30 m (98.4 ft)
12 m (39.4 ft)
All others
To the discretion of the Development Authority.
SECTION 6: SETBACKS
6.1
APPLICABILITY
(1)
Minimum setbacks for those discretionary uses that do not take place within a
manufactured home shall be determined by the Development Authority; and
(2)
Where the shape of a lot or other circumstances is such that the setbacks
prescribed in sub-section 6.2 of this section cannot be reasonably applied, the
Development Authority shall determine the setbacks.
6.2
SETBACK REQUIREMENTS
Manufactured Home
Front
From closest edge of internal road
4 m (13.1 ft)
From any permanent structure located
directly across from the front of the unit
17.5 m (57.4 ft)
Rear
3 m (9.8 ft)
Side
0 m (0 ft) one side only (see Notes)
Other
From any manufactured home community
boundary
3 m (9.8 ft)
From the side of any manufactured home to
any other manufactured home
2.4 m (7.9 ft)
One side yard setback, to maintain living
space for driveways, carports, porches,
patios and similar site features
5.5 m (18 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
If parking stalls cannot be accommodated along the side of the lot, the minimum
front setback shall be 6 m.
0 m side yard setback only permitted when the home is placed on the opposite
side yard to the home on the adjacent lot, and a minimum 1.5 m (4.92 ft)
maintenance easement is registered on the adjacent property, giving access to
the side of the home that would otherwise be inaccessible.
City of Brooks Land Use Bylaw No. 14/12
Districts | 39
Accessory Building(s) Larger than 10 m2 (107.6 ft2)
Front
Parallel to the front of the principal building at minimum
Rear
1.0 m (3.3 ft)
Side
1.0 m (3.3 ft)
Internal
From principal building
1.5 m (4.9 ft)
From other accessory buildings
1.0 m (3.3 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3, unless otherwise indicated.
Internal setbacks include setbacks from accessory to accessory and accessory
to principal buildings on adjacent lots.
No accessory buildings shall be located adjacent to the principal building on the
same side of the yard as the one-side 3.0 metre principal building setback, if
applicable.
Accessory Building(s) 10 m2 (107.6 ft2) and Smaller
Front
N/A (prohibited in front yards)
Rear
0 m (ft) if internal setbacks are met
Side
0 m (ft) if internal setbacks are met
Internal
From principal building
1.5 m (4.9 ft)
From other accessory buildings
1.0 m (3.3 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
No accessory buildings shall be located on the same side of the yard as the
one-side 5.5 metre principal building setback, if applicable.
Internal setbacks include setbacks from accessory to accessory and accessory
to principal buildings on adjacent lots.
SECTION 7: MAXIMUM SITE COVERAGE
The following site coverage requirements are to be adhered to where a plot plan approved
by the Development Authority is on file:
(1)
Total allowable coverage:
45% inclusive of all buildings
(2)
Principal building:
30 - 45% depending on accessory building(s)
Note: attached garages are considered part of the principal building for the
purposes of site coverage calculations.
(3)
Accessory building(s):
0 - 15% depending on principal building
SECTION 8: BUILDING DIMENSIONS
(1)
Principal building maximum height:
6 m (19.7 ft)
(2)
Accessory building(s) maximum height:
4.5 m (14.8 ft)
PART 1 | 40
Districts | 40
City of Brooks Land Use Bylaw No. 14/12
(3)
Manufactured home minimum width:
4.2 m (13.8 ft)
(4)
Dimensional requirements for all other buildings in this district are to the discretion
of the Development Authority.
SECTION 9: MINIMUM FLOOR AREA
9.1
APPLICABILITY
(1)
Minimum floor areas are calculated for that part of a building that is no more than
1.0 m (3.3 ft) below finished grade, which does not include finished basements or
attached garages;
(2)
All minimum floor areas are for the main floor of the dwelling unless otherwise
stated; and
(3)
For dwellings of more than 1 storey, each additional half storey shall increase the
minimum required floor area by 25 percent.
9.2
MINIMUM FLOOR AREAS
Dwelling Type
Minimum Floor Area
Manufactured home
75 m2 (807.3 ft2)
Modular home
To the discretion of the
Development Authority
SECTION 10: FOUNDATION REQUIREMENTS
(1)
All manufactured homes shall be placed on a full foundation of poured concrete or
concrete blocks or upon and affixed to steel or concrete piles, or upon an approved
treated wooden basement, foundation, or blocks;
(2)
If a manufactured home is placed on piles or blocks, it shall be skirted from the
base of the home to the ground with material similar in design to the home itself;
and
(3)
Regardless of the type of foundation a manufactured home is placed on, all
hitches, wheels, and axels shall be skirted such that no part of them is visible.
City of Brooks Land Use Bylaw No. 14/12
Districts | 41
SECTION 11: APPLICABLE SCHEDULES
(1)
The following schedules and sections of this bylaw that apply to the R-MP land use
district include but are not limited to:
(a)
General Standards of Development:
Schedule 3
Section 56: Accessory Buildings and Structures
Section 57: Access Requirements
Section 58: Corner Lots
Section 59: Design Standards
Section 61: Fences, Privacy Walls, and Gates
Section 63: Grading, Excavating, Stripping and Stockpiling
Section 66: Landscaping
Section 72: Parking and Loading
Section 74: Projections into Setbacks
Section 75: Quality of Development
Section 77: Site Drainage and Storm Water Management
(b)
Use-specific Standards of Development:
Schedule 4
Section 86: Home Occupations
Section 88: Manufactured Homes and Manufactured Home Parks
Section 90: Modular Homes
COMMERCIAL LAND USE DISTRICTS
City of Brooks Land Use Bylaw No. 14/12
Districts | 43
COMMERCIAL CENTRAL (C-C)
SECTION 1: PURPOSE
The purpose of this district is to provide for the support
of the existing mixture of residential, commercial and
other uses that currently take place in the City's historic
downtown, and encourage the continued development of
the same.
SECTION 2: USES
2.1
PERMITTED
Accessory buildings and
structures
Art and craft studios
Bakeries
Bars/Lounges
Breweries, wineries and
distilleries
Business and professional
offices
Cafes
Cannabis stores
Commercial schools
Cultural facilities
Dwelling units above non-
residential uses
Entertainment facilities
Financial institutions
Government and public
services
Home occupations - 1, 2
Hotels
Media production facilities
Medical offices
Minor retail establishments
Personal services
Pet grooming establishments
Private recreation facilities
Public utilities
Religious assemblies
Restaurants
2.2
DISCRETIONARY
Adult entertainment
establishments
Apartments
Auto and equipment rentals
and sales
Business support services
Day cares
Duplexes
Dwelling units in the rear of
non-residential uses
Funeral services
Home occupations - 3
Liquor stores
Modular homes
Moved-in buildings
Moved-in dwellings
Parking facilities
Repair shops
Secondary suites
Semi-detached dwellings
Service stations
Shopping malls
Single-detached dwellings
Townhouses
PART 1 | 44
Districts | 44
City of Brooks Land Use Bylaw No. 14/12
SECTION 3: MINIMUM LOT DIMENSIONS
Lot Size
Lot Width
Lot Depth
To the discretion of the Development Authority
SECTION 4: SETBACKS
4.1
APPLICABILITY
(1)
Setbacks only apply to a C-C lot or lots that are adjacent to other C-C lots; and
(2)
For all C-C lots that are adjacent to one or more residential lots, in accordance with
those residential land use districts established in this bylaw, the C-C lot shall meet
setback requirements of Section 65 (Interface Areas) of Schedule 3 (General
Standards of Development).
4.2
SETBACK REQUIREMENTS
Principal Building
Front
0 m (0 ft)
Rear
Side
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Corner lots shall provide an adequate clear vision zone in accordance with the
clear vision triangle requirements outlined in Section 3 of Schedule 3.
Accessory Building(s)
Front
N/A (prohibited in front yards)
Rear
1.0 m (3.3 ft)
Side
1.0 m (3.3 ft)
Internal
From principal building
1.5 m (4.9 ft)
From other accessory buildings
1.0 m (3.3 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Internal setbacks include setbacks from accessory to accessory and accessory
to principal buildings on adjacent lots.
SECTION 5: MAXIMUM SITE COVERAGE
(1)
Total allowable coverage:
100% inclusive of all buildings
(2)
Principal building:
85 - 100% depending on accessory building(s)
(3)
Accessory building(s):
0 - 15% depending on principal building
City of Brooks Land Use Bylaw No. 14/12
Districts | 45
(4)
Unless otherwise exempted from off-street parking requirements in accordance
with the Downtown Parking Overlay (Section 72 (Parking and Loading) of
Schedule 3 (General Standards of Development)), site coverage shall be adjusted
accordingly based on the area required to provide off-street parking in accordance
with Section 72 of Schedule 3 and any other requirements of this bylaw including
but not limited to area for landscaping, storage, and waste disposal.
(5)
Maximum site coverage does not include lots on which existing detached dwellings
constructed prior to December 31, 1990 are located, which shall instead meet site
coverage requirements as determined by the Development Authority, taking into
account area for off-street parking, site drainage, and any other factors as
determined by the Development Authority.
SECTION 6: MAXIMUM BUILDING HEIGHT
(1)
Principal building:
12 m (39 ft)
(2)
Accessory building(s):
4.5 m (14.8 ft)
SECTION 7: FLOOR AREA RATIO
Principal buildings in this district shall be developed to a maximum FAR of 3, as illustrated
in Figure 7.1
Figure 7.1: an example of an FAR of 3.0.
SECTION 8: RESIDENTIAL DEVELOPMENT
(1)
Residential development above or in the rear of commercial uses shall meet all
requirements of Section 67 (Mixed-Use Development) of Schedule 3 (General
Standards of Development); and
(2)
Existing detached residential dwellings constructed prior to the passing of this
bylaw may be renovated, but shall not be enlarged, replaced or reconstructed.
Site Area
Developed Floor Area
= 3 x the site area
PART 1 | 46
Districts | 46
City of Brooks Land Use Bylaw No. 14/12
SECTION 9: APPLICABLE SCHEDULES
(1)
The following schedules and sections of this bylaw that apply to the C-C land use
district include but are not limited to:
(a)
General Standards of Development:
Schedule 3
Section 56: Accessory Buildings and Structures
Section 57: Access Requirements
Section 58: Corner Lots
Section 59: Design Standards
Section 60: Exceptions to Building Height
Section 61: Fences, Privacy Walls, and Gates
Section 62: Gateways and Corridors
Section 63: Grading, Excavating, Stripping and Stockpiling
Section 64: Infill Development
Section 65: Interface Areas
Section 66: Landscaping
Section 67: Mixed Use Development
Section 68: Moved-in Buildings
Section 72: Parking and Loading
Section 74: Projections into Setbacks
Section 75: Quality of Development
Section 76: Screening
Section 77: Site Drainage and Storm Water Management
Section 79: Vehicle-oriented Development
(b)
Use-specific Standards of Development:
Schedule 4
Section 81: Adult entertainment establishments
Section 84: Child Care Facilities
Section 86: Home Occupations
Section 90: Modular Homes
Section 91: Multi-unit Dwellings
Section 92: Liquor Stores
Section 93: Secondary Suites
Section 95: Cannabis Stores
City of Brooks Land Use Bylaw No. 14/12
Districts | 47
COMMERCIAL GENERAL (C-G)
SECTION 1: PURPOSE
The purpose of this district is to provide
for the development of a wide variety of
commercial uses that benefit from a
high level of exposure and may serve
the City, surrounding communities and
the travelling public.
SECTION 2: USES
2.1
PERMITTED
Accessory buildings and
structures
Art and craft studios
Auto and equipment rental and
sales
Bakeries
Bar/Lounges
Breweries, wineries and
distilleries
Bus depots
Building and trade contractors
Business and professional
offices
Cafes
Cannabis stores
Commercial schools
Cultural facilities
Dwelling units above non-
residential uses
Dwelling units in the rear of non-
residential uses
Entertainment facilities
Financial institutions
Funeral services
Government and public services
Home occupations - 1, 2
Hotels
Major retail establishments
Media production facilities
Medical offices
Minor retail establishments
Personal services
Pet grooming establishments
Private recreation facilities
Public utilities
Religious assemblies
Restaurants
Service stations
Shopping malls
Veterinary clinics
2.2
DISCRETIONARY
Adult entertainment
establishments
Apartments
Business support services
Day cares
Duplexes
Home occupations - 3
Liquor stores
Modular homes
Moved-in buildings
Moved-in dwellings
Oilfield services
Parking facilities
Recycling facilities
Repair shops
Secondary suites
Semi-detached dwellings
Single-detached dwellings
Townhouses
Truck and car washes
Warehouses
PART 1 | 48
Districts | 48
City of Brooks Land Use Bylaw No. 14/12
SECTION 3: MINIMUM LOT DIMENSIONS
Lot Size
Lot Width
Lot Depth
To the discretion of the Development Authority
SECTION 4: SETBACKS
4.1
APPLICABILITY
(1)
Setbacks only apply to a C-G lot or lots that are adjacent to other C-G lots; and
(2)
For all C-G lots that are adjacent to one or more residential lots, in accordance
with those residential land use districts established in this bylaw, the C-G lot shall
meet setback requirements of Section 65 (Interface Areas) of Schedule 3 (General
Standards of Development).
4.3
SETBACK REQUIREMENTS
Principal Building
Front and
Flankage
6 m (19.7 ft)
Rear
0 m (0 ft) except where parking, loading, storage and waste disposal
provisions are required
Side
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Corner lots shall provide adequate clear vision space in accordance with the
clear vision triangle requirements outlined in Section 3 of Schedule 3.
Accessory Building(s)
Front
N/A (prohibited in front yards)
Rear
1.0 m (3.3 ft)
Side
1.0 m (3.3 ft)
Internal
From principal building
1.5 m (4.9 ft)
From other accessory buildings
1.0 m (3.3 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Internal setbacks include setbacks from accessory to accessory and accessory
to principal buildings on adjacent lots.
SECTION 5: MAXIMUM SITE COVERAGE
(1)
Total allowable coverage:
60% inclusive of all buildings
(2)
Principal building:
45 - 60% depending on accessory building(s)
(3)
Accessory building(s):
0 - 15% depending on principal building
City of Brooks Land Use Bylaw No. 14/12
Districts | 49
(4)
Maximum site coverage does not include lots on which existing detached dwellings
constructed prior to December 31, 1990 are located, which shall instead meet site
coverage requirements as determined by the Development Authority, taking into
account area for off-street parking, site drainage, and any other factors as
determined by the Development Authority.
SECTION 6: MAXIMUM BUILDING HEIGHT
(1)
Principal building:
12 m (39 ft)
(2)
Accessory building(s):
4.5 m (14.8 ft)
SECTION 7: FLOOR AREA RATIO
Principal buildings in this district shall be developed to a maximum FAR of 1.5, as
illustrated in Figure 7.1.
Figure 7.1: an example of an FAR of 1.5.
SECTION 8: RESIDENTIAL DEVELOPMENT
(1)
Residential development above commercial uses shall meet all requirements of
Section 67 (Mixed-Use Development) of Schedule 3 (General Standards of
Development); and
(2)
Existing detached residential dwellings constructed prior to the passing of this
bylaw may be renovated, but shall not be enlarged, replaced or reconstructed.
Site Area
Developed Floor Area
= 1.5 x the site area
PART 1 | 50
Districts | 50
City of Brooks Land Use Bylaw No. 14/12
SECTION 9: APPLICABLE SCHEDULES
(1)
The following schedules and sections of this bylaw that apply to the C-G land use
district include but are not limited to:
(a)
General Standards of Development:
Schedule 3
Section 56: Accessory Buildings and Structures
Section 57: Access Requirements
Section 58: Corner Lots
Section 59: Design Standards
Section 60: Exceptions to Building Height
Section 61: Fences, Privacy Walls, and Gates
Section 62: Gateways and Corridors
Section 63: Grading, Excavating, Stripping and Stockpiling
Section 64: Infill Development
Section 65: Interface Areas
Section 66: Landscaping
Section 67: Mixed Use Development
Section 68: Moved-in Buildings
Section 72: Parking and Loading
Section 74: Projections into Setbacks
Section 75: Quality of Development
Section 76: Screening
Section 77: Site Drainage and Storm Water Management
Section 79: Vehicle-oriented Development
(b)
Use-specific Standards of Development:
Schedule 4
Section 81: Adult Entertainment Establishments
Section 84: Child Care Facilities
Section 86: Home Occupations
Section 90: Modular Homes
Section 92: Liquor Stores
Section 93: Secondary Suites
Section 95: Cannabis Stores
City of Brooks Land Use Bylaw No. 14/12
Districts | 51
COMMERCIAL NEIGHBOURHOOD (C-N)
SECTION 1: PURPOSE
The purpose of this district is to provide for
commercial uses located within primarily residential
neighbourhoods, that are compatible with and
complementary to the daily needs of residents.
SECTION 2: USES
2.1
PERMITTED
Accessory buildings and
structures
Art and craft studios
Bakeries
Bed and breakfasts
Business and professional
offices
Cafes
Day cares
Day homes
Duplexes
Dwelling units above
nonresidential uses
Dwelling units in the rear of
residential uses
Home occupations - 1, 2
Minor retail establishments
Personal services
Public utilities
Semi-detached dwellings
Single-detached dwellings
2.2 DISCRETIONARY
Apartments
Bars/Lounges
Breweries, wineries and
distilleries
Commercial schools
Government and public
services
Group care facilities
(<= 5 residents)
Home occupations - 3
Medical offices
Modular homes
Moved-in buildings
Moved-in dwellings
Restaurants
Townhouses
SECTION 3: MINIMUM LOT DIMENSIONS
Lot Size
Lot Width
Lot Depth
To the discretion of the Development Authority
SECTION 4: SETBACKS
4.1
APPLICABILITY
(1)
Setbacks only apply to a C-N lot or lots that are adjacent to other C-N lots; and
PART 1 | 52
Districts | 52
City of Brooks Land Use Bylaw No. 14/12
(2)
For all C-N lots that are adjacent to one or more residential lots, in accordance with
those residential land use districts established in this bylaw, the C-N lot shall meet
setback requirements of Section 65 (Interface Areas) of Schedule 3 (General
Standards of Development).
4.2
SETBACK REQUIREMENTS
Principal Building
Front and
Flankage
Minimum: 5 m (16.4 ft)
Rear
7.5 m (24.6 ft)
Side
4.5 m (14.8 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Corner lots shall provide adequate clear vision space in accordance with the
clear vision triangle requirements outlined in Section 3 of Schedule 3.
Accessory Building(s)
Front
N/A (prohibited in front yards)
Rear
1.0 m (3.3 ft)
Side
1.0 m (3.3 ft)
Internal
From principal building
1.5 m (4.9 ft)
From other accessory buildings
1.0 m (3.3 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Internal setbacks include setbacks from accessory to accessory and accessory
to principal buildings on adjacent lots.
SECTION 5: MAXIMUM SITE COVERAGE
(1)
Total allowable coverage:
60% inclusive of all buildings
(2)
Principal building:
45 - 60% depending on accessory building(s)
(3)
Accessory building(s):
0 - 15% depending on principal building
SECTION 6: MAXIMUM BUILDING HEIGHT
(1)
Principal building:
12 m (39 ft)
(2)
Accessory building(s):
4.5 m (14.8 ft)
City of Brooks Land Use Bylaw No. 14/12
Districts | 53
SECTION 7: FLOOR AREA RATIO
Principal buildings in this district shall be developed to a maximum FAR of 0.6, as
illustrated in Figure 7.1.
Figure 7.1: an example of an FAR of 0.6.
SECTION 8: RESIDENTIAL DEVELOPMENT
(1)
Residential development above or in the rear of commercial uses shall meet all
requirements of Section 67 (Mixed-Use Development) of Schedule 3 (General
Standards of Development); and
(2)
Existing detached residential dwellings constructed prior to the passing of this
bylaw may be renovated, but shall not be enlarged, replaced or reconstructed.
SECTION 9: APPLICABLE SCHEDULES
(1)
The following schedules and sections of this bylaw that apply to the C-N land use
district include but are not limited to:
(a)
General Standards of Development:
Schedule 3
Section 56: Accessory Buildings and Structures
Section 57: Access Requirements
Section 58: Corner Lots
Section 59: Design Standards
Section 60: Exceptions to Building Height
Section 61: Fences, Privacy Walls, and Gates
Section 62: Gateways and Corridors
Section 63: Grading, Excavating, Stripping and Stockpiling
Section 64: Infill Development
Section 65: Interface Areas
Section 66: Landscaping
Site Area
Developed Floor Area
= 0.6 x the site area
PART 1 | 54
Districts | 54
City of Brooks Land Use Bylaw No. 14/12
Section 67: Mixed Use Development
Section 68: Moved-in Buildings
Section 72: Parking and Loading
Section 74: Projections into Setbacks
Section 75: Quality of Development
Section 76: Screening
Section 77: Site Drainage and Storm Water Management
Section 79: Vehicle-oriented Development
(b)
Use-specific Standards of Development:
Schedule 4
Section 83: Bed and Breakfasts
Section 84: Child Care Facilities
Section 85: Group Care Facilities
Section 86: Home Occupations
Section 90: Modular Homes
Section 91: Multi-unit Dwellings
Section 93: Secondary Suites
INDUSTRIAL LAND USE DISTRICTS
City of Brooks Land Use Bylaw No. 14/12
Districts | 55
INDUSTRIAL LIGHT (I-L)
SECTION 1: PURPOSE
The purpose of this district is to provide for a
variety of industrial developments that maintain
potential nuisance such as noise, odour, vibration
and the visual impact of storage within the confines
of individual buildings and may include commercial
uses supportive the industrial activities.
SECTION 2: USES
2.1
PERMITTED
Accessory buildings and
structures
Auction establishments
Auto and equipment paint
shops
Auto and equipment rental
and sales
Breweries, wineries and
distilleries
Building and trade contractors
Business and professional
offices
Cafes
Cannabis stores
Commercial schools
Day cares
Entertainment facilities
Funeral services
Government and public
services
Laboratories
Light manufacturing
Major retail establishments
Media production facilities
Minor retail establishments
Oilfield services
Pet grooming establishments
Private recreation
facilities
Public utilities
Recycling facilities
Religious assemblies
Repair shops
Restaurants
Service stations
Truck and car washes
Veterinary clinics
Warehouses
2.2 DISCRETIONARY
Adult entertainment
establishments
Bar/Lounges
Bulk fuel stations
Business support services
Cannabis production
facilities
Data centre
Dwelling units above non-
residential uses
Hotels
Kenneling
Liquor stores
Moved-in buildings
Outdoor storage
Personal services
Renewable energies
PART 1 | 56
Districts | 56
City of Brooks Land Use Bylaw No. 14/12
SECTION 3: MINIMUM LOT DIMENSIONS
Lot Size
Lot Width
Lot Depth
464 m2 (4994.5 ft2)
To the discretion of the Development Authority
SECTION 4: SETBACKS
Principal Building
Front
7.5 m (24.6 ft)
Rear
6 m (19.7 ft)
Side
Lot with rear lane
0 m (0 ft)
Lot without rear lane
One side only: 4.5 m (14.8 ft)
Flankage
Corner lots
7.5 m (24.6 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Corner lots shall provide adequate clear vision space in accordance with the
clear vision triangle requirements outlined in Section 3 of Schedule 3.
Accessory Building(s)
To the discretion of the Development Authority, with consideration for required
setbacks and minimum distance separations based on materials stored in accessory
buildings.
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Corner lots shall provide adequate clear vision space in accordance with the
clear vision triangle requirements outlined in Section 3 of Schedule 3.
SECTION 5: MAXIMUM SITE COVERAGE
(1)
Total allowable coverage:
60% inclusive of all buildings
(2)
Principal and accessory buildings may make up any percentage of the total
allowable site coverage as required.
SECTION 6: MAXIMUM BUILDING HEIGHT
(1)
Principal building:
12 m (39 ft)
(2)
Accessory building(s):
12 m (39 ft)
City of Brooks Land Use Bylaw No. 14/12
Districts | 57
SECTION 7: PERFORMANCE STANDARDS
(1)
Industrial uses in this land use district shall address any noise, smoke, dust, ash,
odour, release of gasses or heat, outdoor storage, construction and creation,
storage and disposal of industrial wastes in ways approved by the relevant
regulatory bodies and to the discretion of the Development Authority; and
(2)
Industrial uses in this land use district shall be required to meet the performance
standards set out in Section 87 (Industrial Performance Standards) of Schedule 4
(Use Specific Standards of Development).
SECTION 8: RESIDENTIAL DEVELOPMENT
(1)
Residential development above non-residential uses in this district shall meet all
requirements of Section 67 (Mixed-Use Development) of Schedule 3 (General
Standards of Development); and
(2)
Existing detached residential dwellings constructed prior to the passing of this
bylaw may be renovated, but shall not be enlarged, replaced or reconstructed.
SECTION 9: APPLICABLE SCHEDULES
(1)
The following schedules and sections of this bylaw that apply to the I-L land use
district include but are not limited to:
(a)
General Standards of Development:
Schedule 3
Section 56: Accessory Buildings and Structures
Section 57: Access Requirements
Section 58: Corner Lots
Section 59: Design Standards
Section 60: Exceptions to Building Height
Section 61: Fences, Privacy Walls, and Gates
Section 62: Gateways and Corridors
Section 63: Grading, Excavating, Stripping and Stockpiling
Section 66: Landscaping
Section 67: Mixed Use Development
Section 68: Moved-in Buildings
Section 71: Outdoor Storage and Display
Section 72: Parking and Loading
Section 74: Projections into Setbacks
Section 75: Quality of Development
Section 76: Screening
Section 77: Site Drainage and Storm Water Management
(b)
Use-specific Standards of Development:
Schedule 4
Section 84: Child Care Facilities
Section 87: Industrial Performance Standards
Section 89: Cannabis Production Facilities
Section 92: Liquor Stores
Section 95: Cannabis Stores
PART 1 | 58
Districts | 58
City of Brooks Land Use Bylaw No. 14/12
Section 96: Kenneling
Section 98: Data Centre
City of Brooks Land Use Bylaw No. 14/12
Districts | 59
INDUSTRIAL GENERAL (I-G)
SECTION 1: PURPOSE
The purpose of this district is to provide for:
(1)
A wide range of industrial uses with
opportunity for complementary but secondary
commercial activities; and
(2)
Sensitivity to the potential impacts of the
primarily industrial and secondary commercial uses on surrounding development.
SECTION 2: USES
2.1
PERMITTED
Accessory buildings and
structures
Auction establishments
Auto and equipment paint
shops
Auto and equipment rental
and sales
Building and trade contractors
Bulk fuel stations
Business and professional
offices
Cannabis production facilities
Commercial schools
Funeral services
Government and public
services
Laboratories
Light manufacturing
Major retail establishments
Media production facilities
Minor retail
establishments
Oilfield services
Outdoor storage
Public utilities
Recycling facilities
Renewable energies
Repair shops
Service stations
Truck and car washes
Veterinary clinics
Warehouses
2.2 DISCRETIONARY
Breweries, wineries and
distilleries
Business support services
Data centre
Day cares
Heavy manufacturing
Kenneling
Liquor stores
Moved-in buildings
Religious assemblies
Salvage yards
SECTION 3: MINIMUM LOT DIMENSIONS
PART 1 | 60
Districts | 60
City of Brooks Land Use Bylaw No. 14/12
Lot Size
Lot Width
Lot Depth
464 m2 (4994.5 ft2)
To the discretion of the Development Authority
SECTION 4: SETBACKS
Principal Building
Front
7.5 m (24.6 ft)
Rear
4.5 m (14.8 ft)
Side
Lot with rear lane
0 m (0 ft)
Lot without rear lane
One side only: 4.5 m (14.8 ft)
Flankage
Corner lots
7.5 m (24.6 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Corner lots shall provide adequate clear vision space in accordance with the
clear vision triangle requirements outlined in Section 3 of Schedule 3.
Accessory Building(s)
To the discretion of the Development Authority, with consideration for required
setbacks and minimum distance separations based on materials stored in accessory
buildings.
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Corner lots shall provide adequate clear vision space in accordance with the
clear vision triangle requirements outlined in Section 3 of Schedule 3.
SECTION 5: MAXIMUM SITE COVERAGE
(1)
Total allowable coverage:
60% inclusive of all buildings
(2)
Principal and accessory buildings may make up any percentage of the total
allowable site coverage as required.
SECTION 6: MAXIMUM BUILDING HEIGHT
(1)
Principal building:
12 m (39 ft)
(2)
Accessory building(s):
12 m (39 ft)
SECTION 7: PERFORMANCE STANDARDS
City of Brooks Land Use Bylaw No. 14/12
Districts | 61
(1)
Industrial uses in this land use district shall address any noise, smoke, dust, ash,
odour, release of gasses or heat, outdoor storage, construction and creation,
storage and disposal of industrial wastes in ways approved by the relevant
regulatory bodies and to the discretion of the Development Authority; and
(3) Industrial uses in this land use district shall be required to meet the performance standards
set out in Section 87 (Industrial Performance Standards) of Schedule 4 (Use Specific
Standards of Development).
SECTION 8: RESIDENTIAL DEVELOPMENT
(1)
Residential development above non-residential uses in this district shall meet all
requirements of Section 67 (Mixed-Use Development) of Schedule 3 (General
Standards of Development).
SECTION 9: APPLICABLE SCHEDULES
(1)
The following schedules and sections of this bylaw that apply to the I-G land use
district include but are not limited to:
(a)
General Standards of Development:
Schedule 3
Section 56: Accessory Buildings and Structures
Section 57: Access Requirements
Section 58: Corner Lots
Section 59: Design Standards
Section 60: Exceptions to Building Height
Section 61: Fences, Privacy Walls, and Gates
Section 62: Gateways and Corridors
Section 63: Grading, Excavating, Stripping and Stockpiling
Section 66: Landscaping
Section 68: Moved-in Buildings
Section 71: Outdoor Storage and Display
Section 72: Parking and Loading
Section 74: Projections into Setbacks
Section 75: Quality of Development
Section 76: Screening
Section 77: Site Drainage and Storm Water Management
(b)
Use-specific Standards of Development:
Schedule 4
Section 84: Child Care Facilities
Section 87: Industrial Performance Standards
Section 89: Cannabis Production Facilities
Section 92: Liquor Sales
Section 96: Kenneling
Section 98: Data Centre
City of Brooks Land Use Bylaw No. 14/12
Districts | 63
INDUSTRIAL HEAVY (I-H)
SECTION 1: PURPOSE
The purpose of this district is to provide for a variety of
industrial developments typically referred to as heavy;
having the potential to create the greatest impact on-
site
regarding
noise,
odour,
outdoor
storage
requirements and vibration.
SECTION 2: USES
2.1
PERMITTED
Accessory buildings and
structures
Auction establishments
Auto and equipment paint
shops
Building and trade contractors
Bulk fuel stations
Cannabis production facilities
Government and public
services
Light manufacturing
Public utilities
Oilfield services
Outdoor storage
Recycling facilities
Repair shops
Renewable energies
Salvage yards
Warehouses
2.2 DISCRETIONARY
Commercial schools
Data centre
Kenneling
Heavy manufacturing
Major retail
establishments
Moved-in buildings
SECTION 3: MINIMUM LOT DIMENSIONS
Lot Size
Lot Width
Lot Depth
464 m2 (4994.5 ft2)
To the discretion of the Development Authority
PART 1 | 64
Districts | 64
City of Brooks Land Use Bylaw No. 14/12
SECTION 4: SETBACKS
Principal Building
Front
7.5 m (24.6 ft)
Rear
4.5 m (14.8 ft)
Side
Lot with rear lane
0 m (0 ft)
Lot without rear lane
One side only: 4.5 m (14.8 ft)
Flankage
Corner lots
7.5 m (24.6 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Corner lots shall provide adequate clear vision space in accordance with the
clear vision triangle requirements outlined in Section 3 of Schedule 3.
Accessory Building(s)
To the discretion of the Development Authority, with consideration for required
setbacks and minimum distance separations based on materials stored in accessory
buildings.
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Corner lots shall provide adequate clear vision space in accordance with the
clear vision triangle requirements outlined in Section 3 of Schedule 3.
SECTION 5: MAXIMUM SITE COVERAGE
(1)
Total allowable coverage:
60% inclusive of all buildings
(2)
Principal and accessory buildings may make up any percentage of the total
allowable site coverage as required.
SECTION 6: MAXIMUM BUILDING HEIGHT
(1)
Principal building:
12 m (39 ft)
(2)
Accessory building(s):
12 m (39 ft)
SECTION 7: PERFORMANCE STANDARDS
(1)
Industrial uses in this land use district shall address any noise, smoke, dust, ash,
odour, release of gasses or heat, outdoor storage, construction and creation,
storage and disposal of industrial wastes in ways approved by the relevant
regulatory bodies and to the discretion of the Development Authority; and
(2)
Industrial uses in this land use district shall be required to meet the performance
standards set out in Section 87 (Industrial Performance Standards) of Schedule 4
(Use Specific Standards of Development).
City of Brooks Land Use Bylaw No. 14/12
Districts | 65
SECTION 8: RESIDENTIAL DEVELOPMENT
(1)
Residential development above non-residential uses in this district shall meet all
requirements of Section 67 (Mixed-Use Development) of Schedule 3 (General
Standards of Development).
SECTION 9: APPLICABLE SCHEDULES
(1)
The following schedules and sections of this bylaw that apply to the I-H land use
district include but are not limited to:
(a)
General Standards of Development:
Schedule 3
Section 56: Accessory Buildings and Structures
Section 57: Access Requirements
Section 58: Corner Lots
Section 59: Design Standards
Section 60: Exceptions to Building Height
Section 61: Fences, Privacy Walls, and Gates
Section 62: Gateways and Corridors
Section 63: Grading, Excavating, Stripping and Stockpiling
Section 66: Landscaping
Section 68: Moved-in Buildings
Section 71: Outdoor Storage and Display
Section 72: Parking and Loading
Section 74: Projections into Setbacks
Section 75: Quality of Development
Section 76: Screening
Section 77 Site Drainage and Storm Water Management
(b)
Use-specific Standards of Development:
Schedule 4
Section 87: Industrial Performance Standards
Section 89: Cannabis Production Facilities
Section 96: Kenneling
Section 98: Data Centre
PUBLIC & QUASI-PUBLIC LAND USE DISTRICTS
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Districts | 67
PUBLIC AND QUASI-PUBLIC SERVICE (P-PS)
SECTION 1: PURPOSE
The purpose of this district is to provide for the
development of public and private uses that offer
essential services and social, cultural and educational
opportunities in a variety of institutional and other
suitable settings.
SECTION 2: USES
2.1
PERMITTED
Accessory buildings and
structures
Cultural facilities
Day cares
Education facilities
Government and public
services
Hospitals
Parks and playgrounds
Public recreation facilities
Public utilities
2.2 DISCRETIONARY
Cemeteries
Group care facilities
Moved-in buildings
Religious assemblies
Seniors housing
SECTION 3: MINIMUM LOT DIMENSIONS
Lot Size
Lot Width
Lot Depth
To the discretion of the Development Authority.
SECTION 4: SETBACKS
4.1
SETBACK REQUIREMENTS
Principal Building
Front
To the discretion of the Development Authority.
Rear
Side
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Corner lots shall provide adequate clear vision space in accordance with the
clear vision triangle requirements outlined in Section 3 of Schedule 3.
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City of Brooks Land Use Bylaw No. 14/12
Accessory Building(s)
Front
N/A (prohibited in front yards)
Rear
1.0 m (3.3 ft)
Side
1.0 m (3.3 ft)
Internal
From principal building
1.5 m (4.9 ft)
From other accessory buildings
1.0 m (3.3 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Internal setbacks include setbacks from accessory to accessory and accessory
to principal buildings on adjacent lots.
SECTION 5: MAXIMUM SITE COVERAGE
(1)
Total allowable coverage:
60% inclusive of all buildings
(2)
Principal building:
45 - 60% depending on accessory building(s)
(3)
Accessory building(s):
0 - 15% depending on principal building
SECTION 6: MAXIMUM BUILDING HEIGHT
(1)
Principal building:
12 m (39 ft)
(2)
Accessory building(s):
4.5 m (14.8 ft)
SECTION 7: APPLICABLE SCHEDULES
(1)
The following schedules and sections of this bylaw that apply to the P-PS land use
district include but are not limited to:
(a)
General Standards of Development:
Schedule 3
Section 56: Accessory Buildings and Structures
Section 57: Access Requirements
Section 58: Corner Lots
Section 59: Design Standards
Section 60: Exceptions to Building Height
Section 61: Fences, Privacy Walls, and Gates
Section 62: Gateways and Corridors
Section 63: Grading, Excavating, Stripping and Stockpiling
Section 66: Landscaping
Section 68: Moved-in Buildings
Section 72: Parking and Loading
Section 74: Projections into Setbacks
Section 75: Quality of Development
Section 76: Screening
Section 77: Site Drainage and Storm Water Management
City of Brooks Land Use Bylaw No. 14/12
Districts | 69
(b)
Use-specific Standards of Development:
Schedule 4
Section 84: Child Care Facilities
Section 85: Group Care Facilities
Section 91: Multi-unit Dwellings
City of Brooks Land Use Bylaw No. 14/12
Districts | 71
PUBLIC RECREATION AND OPEN SPACE (P-OS)
SECTION 1: PURPOSE
The purpose of this district is to provide for the
development of publicly accessible passive and active
parks and outdoor recreational spaces with a focus on
the broad spectrum of related activities and pursuits
enjoyed throughout the City.
SECTION 2: USES
2.1
PERMITTED
Accessory buildings and
structures
Cultural facilities
Parks and playgrounds
Public recreational facilities
Public utilities
2.2
DISCRETIONARY
Campgrounds
Golf courses
SECTION 3: MINIMUM LOT DIMENSIONS
Lot Size
Lot Width
Lot Depth
To the discretion of the Development Authority.
SECTION 4: SETBACKS
4.1
SETBACK REQUIREMENTS
Principal Building
Front
To the discretion of the Development Authority.
Rear
Side
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 Schedule 3.
Corner lots shall provide adequate clear vision space in accordance with the
clear vision triangle requirements outlined in Section 3 of Schedule 3.
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City of Brooks Land Use Bylaw No. 14/12
Accessory Building(s)
Front
N/A (prohibited in front yards)
Rear
1.0 m (3.3 ft)
Side
1.0 m (3.3 ft)
Internal
From principal building
1.5 m (4.9 ft)
From other accessory buildings
1.0 m (3.3 ft)
Notes
Setbacks are measured to the closest point of the building, allowing for
projections as per Section 74 of Schedule 3.
Internal setbacks include setbacks from accessory to accessory and accessory
to principal buildings on adjacent lots.
SECTION 5: MAXIMUM SITE COVERAGE
(1)
Total allowable coverage:
50% inclusive of all buildings
(2)
Principal building:
35 - 50% depending on accessory building(s)
(3)
Accessory building(s):
0 - 15% depending on principal building
SECTION 6: MAXIMUM BUILDING HEIGHT
(1)
Principal building:
12 m (39 ft)
(2)
Accessory building(s):
4.5 m (14.8 ft)
SECTION 7: APPLICABLE SCHEDULES
(1)
The following schedules and sections of this bylaw that apply to the P-OS land use
district include but are not limited to:
(a)
General Standards of Development:
Schedule 3
Section 56: Accessory Buildings and Structures
Section 57: Access Requirements
Section 58: Corner Lots
Section 59: Design Standards
Section 60: Exceptions to Building Height
Section 61: Fences, Privacy Walls, and Gates
Section 63: Grading, Excavating, Stripping and Stockpiling
Section 66: Landscaping
Section 72: Parking and Loading
Section 74: Projections into Setbacks
Section 75: Quality of Development
Section 76: Screening
Section 77: Site Drainage and Storm Water Management
DIRECT CONTROL LAND USE DISTRICTS
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Districts | 73
DIRECT CONTROL (DC)
SECTION 1: PURPOSE
The purpose of this district is to provide a means by which Council may regulate and
control the use, development and subdivision of land and buildings within specified areas
of the City where circumstances are such that any other land use district available through
this bylaw are not considered appropriate or suitable.
SECTION 2: USES
All proposed uses are to the discretion of Council unless such authority has been
delegated to the Development Authority as per Section 2, sub-section 2.1(3) of the
Administrative section of this bylaw.
SECTION 3: MINIMUM REQUIREMENTS
Minimum requirements including but not limited to lot size, setbacks, site coverage,
building height and floor area are to the discretion of Council, unless such authority has
been delegated as per this bylaw.
SECTION 4: APPLICATION PROCEDURES
4.1
DEVELOPMENT
Any development proposed on a Direct Control lot shall be considered discretionary and
the requirements of sub-section 3.5 (Discretionary Use Applications) and 3.13 (Notice of
Receipt of an Application) and 3.14 (Notice of Decision) shall apply.
4.2
SUBDIVISION
Any subdivision proposed on a Direct Control lot shall be required to supply the same
information as indicated in Section 6 (Subdivision), sub-section (4) of Administration:
(1)
where the development of land requires the subdivision of land, no development
permit shall be issued until the application for subdivision has been approved in
accordance with the Act;
(2)
minimum dimensional standards for lots and all other requirements in this bylaw
shall be as specified in the applicable land use district in Schedule 2;
(3)
an application for subdivision may be subject to the same requirements of sub-
section 5.2 (Land Use District Redesignation), if deemed necessary by the
Development Authority;
(4)
all applications for subdivision shall be required to meet the design standards set
out in Schedule 3; and
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City of Brooks Land Use Bylaw No. 14/12
SECTION 5: APPEALS
As indicated in Section 3 (Development Permit Rules and Procedures), sub-section
3.21(2) of this bylaw, there is no avenue of appeal on decisions made by Council for lands
districted as Direct Control. If Council has delegated authority to the Development
Authority, the appeal is limited in scope to whether or not the delegated authority followed
the directions of Council.
SECTION 6: ADDITIONAL REQUIREMENTS
Council or its delegated authority may establish additional requirements on Direct Control
lots that include but are not limited to:
(1)
Impact on adjacent lands
(2)
Availability of services
(3)
Traffic generation and safety
(4)
Storm water drainage
(5)
Scale of development
(6)
Any other matters deemed relevant
SECTION 7: APPLICABLE SCHEDULES
Any schedule or section of this bylaw may be applied to any development proposed on a
Direct Control lot to the discretion of Council, or the Development Authority if such
authority has been delegated as per this bylaw.
SECTION 8: SITE SPECIFIC DIRECT CONTROL STANDARDS
8.1
THE PORTION OF PLAN 8411174, BLOCK 1, AS DESCRIBED IN BYLAW 14/18
(1)
Permitted Uses: Seasonal Recreation Vehicle (RV) Park;
(2)
Definitions: Seasonal Recreational Vehicle (RV) Park shall mean, solely for the
purposes of the use associated with Bylaw 14/18, a development that allows the
temporary rental of space to allow for the parking of RVs for the purposes of using
the RVs as overnight accommodation, in compliance with all requirements of any
and all Development Permits associated with Bylaw 14/18;
(3)
Standards of Development: shall be to the discretion of Council and shall be clearly
outlined in an associated Development Permit, including but not limited to any
restrictions set regarding length of stay, the number of RVs allowed in the RV Park
at any one time, the months of the year the RV Park is permitted to operate, and
any other matters as deemed necessary to regulate by Council.
City of Brooks Land Use Bylaw No. 14/12
Districts | 75
8.2
THE PORTION OF PLAN 8411174, BLOCK 2 AND 3, AS DESCRIBED IN BYLAW 21/13
and BYLAW 23/13
(1)
Area A Permitted Uses:
-
Townhouses
-
Public Utilities
Area B Permitted Uses:
-
Accessory buildings and structures
-
Community Hall
-
Public Utilities
(2)
The following definitions shall apply to the uses listed in 8.2(1):
(a) Community Hall shall mean a facility or building whose primary purpose is to
accommodate temporary uses by community members. Temporary uses may
include, but are not limited to, medical clinics, exercise classes, markets/fairs,
meetings of clubs, parties, and events. The structure may include such
features as meeting rooms, kitchen, stage and open floor area, bar/liquor area,
multi-purpose rooms, washrooms, storage rooms and administrative offices.
Exterior uses may include, among other things, parking areas, playground
areas, outdoor shelters, community gardens and sitting areas.
(b) Schedule 6 shall be used to define all other uses.
(4)
Development shall generally be in accordance with the following site plan:
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City of Brooks Land Use Bylaw No. 14/12
(4)
Minimum setback requirements shall be as follows:
Front
6.0 m (19.7 ft)
Rear (from building to road
right of way or property line) 7.5 m (24.6 ft)
Rear (between buildings)
12.0 m (39.4 ft)
Side (between buildings)
3.0 m (9.8 ft)
Flankage (secondary front)
3.0 m (9.8 ft)
Setbacks are measured to the closest point of the building, allowing for projections as
per Section 74 of Schedule 3.
(5)
Maximum site coverage shall be 40% inclusive of all buildings.
(6)
Maximum building height shall be as follows:
Townhouses
11.0 m (36.1 ft)
Community hall
6.1 m (20.0 ft)
Accessory buildings and structures
4.5 m (14.8 ft)
(7)
Minimum floor area per dwelling unit is 57 m2 (613.5 ft2) and shall be subject to the
following:
(a) minimum floor areas are calculated for that part of a building that is no more
than 1.0 m (3.3 ft) below finished grade, which does not include finished
basements or attached garages;
(b) all minimum floor areas are for the main floor of the dwelling unless otherwise
stated; and
(c) for townhouse dwellings of more than 1 storey, each additional half storey shall
increase the minimum required floor area by 25 percent.
(8)
Minimum off-street parking requirements shall be provided as follows:
Townhouse with 1 bedroom
1 stall/dwelling
Townhouse with 2 or more
bedrooms
2 stalls/dwelling
Community Hall
As required by the Development Authority
(9)
The decision-making authority for uses has been delegated to the Development
Officer.
(10)
Application procedures, appeals, additional requirements, and applicable
schedules shall apply as per Administration Sections 1 to 55.
City of Brooks Land Use Bylaw No. 14/12
Districts | 77
(11)
The following sections shall apply where relevant as determined by the
Development Authority:
-
Section 56: Accessory Buildings and Structures
-
Section 57: Access Requirements
-
Section 58: Corner Lots
-
Section 59: Design Standards
-
Section 61: Fences, Privacy Walls, and Gates
-
Section 63: Grading, Excavating, Stripping and Stockpiling
-
Section 66: Landscaping
-
Section 72: Parking and Loading
-
Section 74: Projections into Setbacks
-
Section 75: Quality of Development
-
Section 77: Site Drainage and Storm Water Management
-
Schedule 5: Signage Standards
PART
SPECIALIZED LAND USE DISTRICTS
PART
City of Brooks Land Use Bylaw No. 14/12
Districts | 79
FUTURE URBAN DEVELOPMENT (FUD)
SECTION 1: PURPOSE
The purpose of this district is to:
(1)
Preserve the development potential
of lands deemed suitable for future
urban
development
by
carefully
managing the interim uses that may
take place on such lands;
(2)
Provide an appropriate timeline with
which to identify the optimum phasing of future development, the municipal
infrastructure and services that will be required at full build-out of the lands; and
(3)
Allow for the continued development of such lands by providing low-impact
permitted and discretionary use options.
SECTION 2: USES
2.1
PERMITTED
Accessory buildings and
structures
Farms
Home occupations - 1, 2
Public utilities
2.2
DISCRETIONARY
Home occupations - 3
Modular homes
Moved-in buildings
Moved-in dwellings
Outdoor storage
Parks and playgrounds
Public recreation facilities
Renewable energies
Single-detached dwellings
SECTION 3: MINIMUM REQUIREMENTS
Minimum requirements including but not limited to lot size, setbacks, site coverage,
building height and floor area are to the discretion of the Development Authority.
SECTION 4: ADDITIONAL REQUIREMENTS
The Development Authority may establish additional requirements on Future Urban
Development lots that include but are not limited to:
(1)
Impact on adjacent lands
(2)
Availability of services
(3)
Traffic generation and safety
(4)
Storm water drainage
PART
Districts | 80
City of Brooks Land Use Bylaw No. 14/12
(5)
Scale of development
(6)
Any other matters deemed relevant
SECTION 5: APPLICABLE SCHEDULES
Any schedule or section of this bylaw may be applied to any development proposed on a
Direct Control lot to the discretion of the Development Authority.
SCHEDULE 3:
GENERAL STANDARDS OF DEVELOPMENT
City of Brooks Land Use Bylaw No. 14/12
General Standards | 1
SCHEDULE 3: GENERAL STANDARDS OF DEVELOPMENT
SECTION 56: ACCESSORY BUILDINGS AND STRUCTURES
56.1
APPLICABILITY
The construction of new accessory buildings and structures, and renovation and
movement of existing accessory buildings and structures shall comply with the
requirements of this section.
56.2
ALL LAND USE DISTRICTS
(1)
Accessory building(s) or structure(s) shall not be constructed or placed on a lot
until such time that the lot has a principal building or structure in place on the lot;
(2)
An accessory building shall not be located in a front yard unless otherwise provided
for within a district or by the Development Authority;
(3)
Where a building or structure is attached to a principal building or structure on a
lot by a roof, an open or enclosed structure, a floor or foundation, it is to be
considered as part of the principal building and is not an accessory building or
structure;
(4)
Where an accessory building or structure in any land use district is placed on a
service line, no service valves or shut-off valves shall be located in or on it;
(5)
Accessory buildings or structures shall not be located on utility easements unless
written permission has been granted by the easement holder;
(6)
The area of an accessory building(s) or structure(s) on a lot shall be less than the
area of the principal building or structure on the lot;
(7)
All accessory buildings and structures shall comply with the regulations outlined
for the district they are located in;
(8)
No accessory building and/or structure, or a number of accessory buildings and/or
structures on a lot, shall occupy more than two-thirds (2/3) of the width of the rear
yard of any lot, unless otherwise approved by the Development Authority; and
(9)
An accessory building or garage in the rear yard shall not have a roof deck.
56.3
RESIDENTIAL LAND USE DISTRICTS
(1)
Unless otherwise stipulated in a specific Residential Land Use District, no more
than three (3) accessory buildings shall be permitted on a residential lot and the
sum of the area of the total number of accessory buildings shall not exceed the
allowable lot coverage maximum;
General Standards | 2
City of Brooks Land Use Bylaw No. 14/12
(2)
The wall height of a detached garage in a residential district shall not exceed 2.8
m (9.2 ft) above grade unless approved by the Development Authority;
(3)
The roofline and exterior finish of accessory building(s) in excess of 10 m2
(107.6 ft2) shall conform to the principal building;
(4)
Portable shelters shall:
(a)
not be permitted in front, flankage, or side yards
(b)
be a maximum of 2.4 m (7.9 ft) in height and 10 m2 (107.63 ft2) in area
(c)
be included in the calculation of lot coverage maximums
(d)
be screened from adjacent lots with fencing or vegetation; and
(e)
be securely fastened to the ground;
(5)
Accessory buildings shall be no closer than 1.5 m (4.92 ft) to the principal building.
SECTION 57: ACCESS REQUIREMENTS
57.1
APPLICABILITY
(1)
Direct legal and physical access shall be required to all new development for the
purposes of access by motorized and active modes of transportation such as but
not limited to; pedestrians, cyclists, personal and commercial automobiles;
(2)
Notwithstanding the requirements of sub-section 57.1(1) of this section, the
following exemptions apply:
(a)
development internal to a condominium plan containing private streets;
(b)
development internal to a manufactured home community, dwelling group,
or multi-use development containing internal streets as approved by the
Development Authority; and
(c)
where the Subdivision or Development Authority has allowed legal access
to be provided by an easement.
57.2
ACCESS DESIGN
Access to development from streets and laneways shall meet the following design
requirements:
(1)
Access to development, for all users, including those with physical, sensory and
developmental disabilities shall be provided through conformity with the barrier-
free design requirements of the Alberta Building Code.
(2)
All points of automobile access shall be set back a minimum of 6 m (19.7 ft) from
any intersection; and
City of Brooks Land Use Bylaw No. 14/12
General Standards | 3
Figure 57.2.1: an illustrative guide to access setbacks as per 2.2(2) of this section.
(3)
Access to development from streets and laneways may be required to be shared
between lots and/or uses to the discretion of the Development Authority.
Figure 57.2.2: an example of a shared access as per 2.2.2 of this section.
SECTION 58: CORNER LOTS
58.1
APPLICABILITY
Corner lots require special consideration relating to streets and laneways and safe visibility
at intersections, and the need to identify primary front yards and secondary front yards
(flankage), to ensure setback requirements are clear. The following requirements apply to
all land use districts unless otherwise provided for in the district or by way of a variance
as may be approved by the Development Authority.
Street
Shared
access
(driveway)
Dwelling
Dwelling
Intersection
6 m
6 m
General Standards | 4
City of Brooks Land Use Bylaw No. 14/12
58.2
FLANKAGE
Corner lots generally have two or three yards facing streets and/or laneways and in the
case of condominium or privatized roadways, private streets and/or laneways and as such
require careful consideration regarding which boundary of the corner lot is determined to
be the front, flankage (secondary front), side and rear yard. The following rules apply in
determining yard assignments for corner lots:
(1)
The front yard shall be the shorter of the two yards facing a street;
(2)
The flankage yard shall be the longer of the two yards facing a street;
(3)
In the case where the lot is of equal dimensions, the front yard shall be whichever
yard the main entrance of the principal building is oriented to, and the flankage
yard shall be the other yard;
(4)
The side yard shall be the yard that is parallel to the flankage yard;
(5)
The rear yard shall be the yard that is parallel to the front yard; or
(6)
In circumstances where the lot orientation, layout or dimensions are such that
determination of the yard assignments does not meet the requirements set out in
sub-section 3.2(1-5) of this section, the yard assignments shall be to the discretion
of the Development Authority; and
(7)
For corner lots on which there is an existing dwelling or other principal building, the
front yard shall be the yard to which the principal entrance is oriented, or to the
discretion of the Development Authority.
Figure 58.2.1: an illustrative explanation of flankage or "secondary front" yard provisions.
Street
Front yard
Flankage
yard
Front
yard
Front
yard
Flankage yard
City of Brooks Land Use Bylaw No. 14/12
General Standards | 5
58.3
CLEAR VISION ZONE
On corner lots, nothing shall be erected, placed, planted or allowed to grow in such a
manner as to impede vision in excess of a height of 0.8 m (2.6 ft) above the centre line
grades of the intersecting streets in the area determined by application of the Clear Vision
Zone Matrix.
Clear Vision Zone Matrix
Part 1: Table
R-o-
W
R-o-W 1
R-o-W 2
Road Type
Arterial
Collector
Local
Arterial
A 40 m (131.2 ft)
17 m (55.8 ft)
17 m (55.8 ft)
B 2 m (6.6 ft)
2 m (6.6 ft)
2 m (6.6 ft)
C 2 m (6.6 ft)
2 m (6.6 ft)
2 m (6.6 ft)
D 17 m (55.8 ft)
17 m (55.8 ft)
17 m (55.8 ft)
Collector
A 17 m (55.8 ft)
23 m 75.5 ft)
11 m (36.1 ft)
B 2 m (6.6 ft)
2 m (6.6 ft)
2 m (6.6 ft)
C 2 m (6.6 ft)
2 m (6.6 ft)
2 m (6.6 ft)
D 17 m (55.8 ft)
11 m (36.1 ft)
11 m (36.1 ft)
Local
A 17 m (55.8 ft)
11 m (36.1 ft)
11 m (36.1 ft)
B 2 m (6.6 ft)
2 m (6.6 ft)
2 m (6.6 ft)
C 2 m (6.6 ft)
2 m (6.6 ft)
2 m (6.6 ft)
D 17 m (55.8 ft)
11 m (36.1 ft)
9 m (29.5 ft)
Part 2: Diagram
A
B
C
D
R-o-W 1
R-o-W 2
General Standards | 6
City of Brooks Land Use Bylaw No. 14/12
SECTION 59: DESIGN STANDARDS
59.1
APPLICABILITY
Design standards relate to the ways that buildings, lots, streets, blocks and
neighbourhoods may relate to one another and how they may be laid out overall. These
standards provide direction to existing and proposed subdivision and development with a
focus on balancing the conventional requirements of this bylaw with a degree of flexibility
that is intended to:
(1)
Promote a development approach that balances the traditional focus on the
automobile with recognition for people as the main users of the built environment.
(2)
Be applicable to existing subdivision and development as much as is practical
given the context-specific constraints that are present in already built-up areas of
the City; and
(3)
Be applicable to proposed subdivision and development in a comprehensive
manner.
The design standards contained in this section shall be applicable to all land use districts
unless otherwise stated.
59.2
BUILDING SCALE
59.2.1 OVERVIEW
The building scale relates directly and indirectly to the lot scale and takes into account,
but is not limited to such factors as the:
(1)
Relative size and visual interest provided by the building (articulation and scale);
(2)
Number and/or size and placement of windows and doors facing private and public
outdoor spaces such as but not limited to parking lots, patios, pedestrian and
cyclist linkages, and streets (transparency);
(3)
Building design including exterior materials and color choices as related to
adjacent and area development (character); and
(4)
The orientation and placement of the building and its entrances in relation to
required parking and loading areas and pedestrian and cyclist linkages leading to
the lot and building (orientation).
City of Brooks Land Use Bylaw No. 14/12
General Standards | 7
In addition to all other applicable requirements of this bylaw, redeveloped and newly
constructed buildings are subject to the standards of this section.
59.2.2 ARTICULATION
(1)
General Requirements:
(a)
the façade of principal buildings shall not be at the same depth of setback
for the façade's total width;
(b)
façade articulation shall be achieved through the use of design
techniques such as but not limited to:
(i)
stepping out or recessing portions of the façade;
(ii)
using accent colors and/or textures;
(iii)
planting vegetation along the building edges;
(c)
principal entrances shall be articulated through the use of design
techniques listed in (1)(b) of this sub-section; and
Figure 59.2.1: an example of façade articulation as per 60.2.2(1) of this section.
(d)
should a building be built to the maximum allowable height of 12 m (39.4 ft)
as measured to the eaves, the third story or equivalent height in single or
two story buildings with high ceilings or false fronts, be stepped back a
minimum of 1.83 m (6 ft).
(2)
Commercial and Industrial development:
(a)
commercial buildings and industrial buildings that provide administrative
and/or retail space shall orient the façade of such administrative and/or
retail space to the street, with any part of the building used for
manufacturing or any other non-retail commercial or industrial activity to be
oriented behind the façade; and
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City of Brooks Land Use Bylaw No. 14/12
(b)
should blank walls (not containing any transparent surface) of the principal
building be oriented to a flankage yard, the visual monotony shall be broken
up with linear vegetation such as but not limited to tree species such as
columnar aspen.
Figure 59.2.2: an example of articulating blank walls with plantings as per
60.2.2(2)(b) of this section.
59.2.3 SCALE
Key features of the principal building such as but not limited to primary entrances should
be scaled to suit the pedestrian.
59.2.4 TRANSPARENCY
(1)
The façade of the principal building shall be made up of a minimum of 30 percent
transparent surfaces;
Figure 59.2.3: an example of approximately 30 percent transparent surface as per
59.2.4(1) of this section.
(2)
Should any side of the principal building other than the façade face a street or other
public right-of-way, transparent surface should be incorporated; and
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(3)
Transparent surfaces shall be oriented towards key access linkages to the lot and
the principal building, including but not limited to parking areas, sidewalks,
pathways, trails, bicycle racks, and outdoor amenity spaces.
59.2.5 CHARACTER
(1)
All development shall complement and enhance features of the adjacent lots and
the overall existing or desired character of the street and area, based on approved
statutory or non-statutory plans and/or to the discretion of the Development
Authority, through investigation of existing:
(a)
building heights, scale, massing, form, orientation, and roof slopes;
(b)
architectural features and exterior finishes;
(c)
entrances, walkways and linkages;
(d)
parking and vehicular access layout;
(e)
landscaping and outdoor amenity spaces; and
(f)
any other matters deemed appropriate by the Development Authority.
59.2.6 ORIENTATION
(1)
General requirements:
(a)
the façade and primary entrance of the principal building shall be oriented
to the street; and
(b)
parking areas shall, where practical, be oriented to the side and rear of
the lot.
(2)
Non-residential land use districts:
(a)
loading areas and service entrances shall be to the side and rear of the
lot; and
(b)
the principal building should be oriented in such a way that loading areas
and service entrances are not visible from the street.
59.3
LOT SCALE
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City of Brooks Land Use Bylaw No. 14/12
59.3.1 OVERVIEW
The intention of this section is to provide a balance between the highest possible
function of the lot and respect the relationship that lots have to one another, the
development that is to occur on the lots, and the ways in which both relate to adjacent
public space.
(1)
General Requirements:
(a)
through lots or double frontage lots shall not be permitted except where
essential to separate residential development from traffic arterials, to
overcome specific disadvantages of topography and orientation or if
essential to the operation of an industrial use;
(b)
in such cases, as deemed by the Development Authority, where through
lots may be permitted, the primary access to the lot shall be provided only
on the lower classification street;
Figure 59.3.1: an illustrative guide to lot types as per 59.3.1(1) of this section.
(c)
flag lots shall not be permitted to be less than 0.2 ha (0.5 acres) and shall
meet the following design requirements:
(i)
the flag lot directly accesses a local street;
(ii)
the aggregate width of the narrowest point of the lot is 6.1 m (20 ft);
(d)
all lots shall have side lot lines at right angles to street lines or radial side
lot lines to curved streets. Unusual lot shapes shall be avoided unless it is
required to overcome specific disadvantages of topography and
orientation;
(e)
the lot line common to the street shall be the front lot line. All lots shall face
the front lot line and a similar lot across the street;
Interior
lot
Interior
lot
Corner lot
Through lot
Lane
Local street
Collector
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(f)
all lots shall have one lot line adjacent to a public roadway other than a
lane;
Figure 59.3.2: an example of a common lot line as per 59.3.1(e) of this section.
(g)
where feasible, lots shall be oriented in such a way that the rear lot line
does not abut the side lot line of any adjacent lot(s), excepting out lots
adjacent to collector roads, which may be oriented parallel to the collector
and thereby placing the side of the lot line of the lots adjacent to the
collector adjacent to the rear of the lots facing the local street;
(h)
no lot shall be created that does not meet the minimum requirements of
this bylaw, unless such a lot has been permitted by an adopted statutory
plan and the use and maintenance of that lot has been specified; and
(i)
at the time of subdivision, all corner lots shall dedicate clear vision triangles,
in accordance with Section 3 of this Schedule, as right-of-way.
(2)
Residential land use districts:
(a)
residential lots shall be longer than they are wide, except in instances
where:
(i)
corner lot orientation makes this unachievable;
(ii)
the lot is intended for multiple residential dwelling development and
makes use of the consolidation of a number of residential lots that
would have previously been suitable only for lower density dwelling
types such as Single-Detached Dwelling, Duplex, and Attached
Housing (2 unit).
59.4
STREET SCALE
Street
Lots
Common lot line
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City of Brooks Land Use Bylaw No. 14/12
59.4.1 OVERVIEW
The intention of this section is to ensure a balanced approach to the use of streets is
achieved. That is, the vehicle is not the only user of the street and therefore the needs of
the vehicle should be balanced against those choosing active modes of transportation.
Street scale design should consider, account for, and where possible enhance the level
of comfort for active modes of transportation.
(1)
General requirements:
(a)
where practical and to reduce potential points of conflict between vehicles
and pedestrians, vehicular access directly to a lot from the street should be
shared with adjacent lots that may also require the same type of access;
(b)
on streets with sidewalks and other forms of active transportation rights-of-
way, traffic calming measures should be incorporated such as but not
limited to:
(i)
boulevard landscaping;
(ii)
reduced corner radii;
(iii)
intersectional and mid-block bulb-outs at key crossing points:
(iv)
vertical and horizontal deflection;
(v)
partial street closure;
(vi)
median barriers incorporating hard and soft landscaping;
(vii)
artificial lane narrowing and choke points; and
(viii)
any other measures as deemed appropriate by the Development
Authority;
Figure 59.4.1: an example of shared access as per 59.4.1(a) of this section.
(c)
traffic calming measures should be incorporated at 30 m (98.4 ft) intervals
for local streets and 50 m (164 ft) intervals for collectors;
(d)
traffic calming measures for arterial streets should be determined on a
case-by-case basis;
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(e)
traffic calming measures, when incorporated, shall be designed to ensure
the access for emergency and protective services vehicles is not negatively
impacted; and
(f)
all proposed traffic calming measures shall be reviewed by and to the
satisfaction of the City's engineering department.
(2)
Residential land use districts:
(a)
where possible, street design in residential land use districts and areas
where residential districts are the predominate district, should avoid cul-de-
sacs that do not provide a through-route for active modes of transportation.
59.5
BLOCK SCALE
59.5.1 OVERVIEW
The block scale relates broadly to the lot, street and neighbourhood scales. Block scale
design can influence the number of choices automobiles and active modes of
transportation have in moving through the urban environment, the distance between
destinations, and the overall level of connection of the block to adjacent and surround
blocks and neighbourhoods.
The intention of this section is to provide general standards with a focus on the:
(1)
Number of route choices for motor vehicles and active modes (permeability); and
(2)
Distance between destinations (connectivity).
59.5.2 PERMEABILITY & CONNECTIVITY
(1)
General requirements:
(a)
the maximum dimensions of a block, measured from the centre of the
street, should be no greater than 500 m (1640 ft);
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City of Brooks Land Use Bylaw No. 14/12
Figure 59.5.1: maximum block dimensions as per 59.5.2(1)(a) of this section.
(b)
the length and width of the block should be sufficient to accommodate two
(2) tiers of lots, except where a single row of lots back onto an arterial
street; and
(c)
rear laneways should be incorporated into block design where possible.
59.6
NEIGHBOURHOOD/AREA SCALE
59.6.1 OVERVIEW
The neighbourhood or more generally, the area scale relates broadly to the block and
street scales. The ability of the neighbourhood/area to relate to adjacent and surrounding
development is based on the level of connectivity to other areas, and the overall street
layout that is made up of the prevailing block patterns.
This section is intended to provide general standards for the integration of new and
existing neighbourhoods/areas, which may result in less traffic congestion at the 'choke'
points resulting from conventional neighbourhood/area design.
(1)
General requirements:
(a)
new neighbourhoods/areas should provide:
(i)
as many through routes as are practical;
(ii)
integration into the prevailing block pattern and street network of
existing adjacent areas;
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(2)
Residential land use districts:
(a)
new neighbourhood development shall consider the prevailing block
pattern and street network of existing adjacent development when
identifying points of neighbourhood/area access;
(b)
new neighbourhood/area development shall incorporate as many points of
access for the neighbourhood/area as are practical; and
(c)
a mix of collector and arterial roads should provide access not only within
the neighbourhood, but to and from the neighbourhood.
Figure 59.6.1: an example of an existing neighbourhood being considered when
new neighbourhood design is proposed as per 59.6.1(2) of this section.
59.7
EXCEPTIONS
The requirements of this section may be waived should the Development Authority deem
any of the requirements to be unachievable due to a material impact they may have on
the development potential of a site.
As a part of the process of determining whether a requirement of this section may have a
material impact on the development potential of a site, the Development Authority may, at
the sole cost of the developer, require proof in the form of an analysis and
recommendation completed by a qualified professional such as but not limited to an
architect, engineer or planner that is a registered member in good standing with the
respective professional organizations of Alberta and/or Canada.
Existing
Proposed
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City of Brooks Land Use Bylaw No. 14/12
SECTION 60: EXCEPTIONS TO BUILDING HEIGHT
60.1
The maximum building height of 12 m (39.4 ft) is to be measured to the eaves line of all
buildings; and
60.2
exceptions to the maximum building height of 12 m (39.4 ft) are limited to architectural
accents such as but not limited to steeples, parapet walls and false fronts that do not
increase the actual height to the eaves line as indicated in 5(1) above.
SECTION 61: FENCES, PRIVACY WALLS AND GATES
61.1 The maximum height of fences, privacy walls and gates shall be:
(a)
Front yards:
1 m (3.3 ft)
(b)
Side and rear yards:
2 m (6.6 ft)
(c)
in Clear Vision Zones (corner lots only):
0.8 m (2.6 ft)
61.2
Fences or privacy walls that make use of barbed or razor wire or similar deterrents shall
only be permitted in Commercial and Industrial districts and only if the barbed or razor
wire is placed at a minimum height of 1.8 m (5.9 ft); and
61.3
Vegetation, including but not limited to hedges, when used primarily for the purposes that
a fence or privacy wall would otherwise serve, shall be required to meet the same height
requirements as prescribed in 6(1) above, unless otherwise approved by the Development
Authority.
SECTION 62: GATEWAYS AND CORRIDORS
62.1
APPLICABILITY
The requirements of this section are in addition to any other section of this bylaw, and
apply to all areas identified on the accompanying map, and any other areas as determined
by the Development Authority.
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General Standards | 18
City of Brooks Land Use Bylaw No. 14/12
62.2
GENERAL REQUIREMENTS
(1)
Exterior building materials shall be durable and of a high quality;
(2)
Highly reflective exterior building materials are discouraged;
(3)
The design, massing, layout and orientation of buildings should complement the
existing or desired character of the area as described in any applicable approved
statutory or non-statutory plan and/or to the discretion of the Development
Authority. In addition, the following standards apply:
(a)
the articulation of all street-oriented building facades shall be achieved
through the incorporation of architectural elements such as but not limited
to balconies, canopies, bay windows, parapets, varying textures,
projections and recesses, awnings, and an overall increase in visual
interest;
(b)
a high degree of transparency should also be incorporated into street-
oriented building facades, through the placement of doors and windows at
a minimum of 30 percent coverage of the street-oriented building facades;
(c)
buildings shall be oriented and the massing designed to highlight the
interface between individual lots and the street, including, where possible,
the minimization of building setbacks from the fronts of lots and the
placement of parking and loading areas to the sides and rear of lots; and
(4)
All vents, gutters, downspouts, flashing and electrical conduits shall be the same
color as the adjacent surface, unless acting as an accent to the overall color
scheme of the building exterior.
62.3
SIGNAGE
In addition to the requirements of Schedule 5 (Signage), signage in gateways and
corridors shall be architecturally integrated with surrounding development and should
complement the existing or desired character of the area as described in any applicable
approved statutory or non-statutory plan and/or to the discretion of the Development
Authority.
62.4
TRANSPORTATION DESIGN, PARKING AND LOADING
The design and layout of transportation rights-of-way should minimize the potential for
traffic safety issues including but not limited to congestion and points of conflict between
different modes of motorized and active transportation. The following standards shall
apply:
(1)
Accesses to individual lots shall be shared, where possible, to minimize points of
conflict between automobiles and active modes of transportation;
(2)
Parking lots shall be shared where possible;
(3)
Parking lots should be located in the rear and/or side yards of lots;
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(4)
Loading areas shall be located along the rear or side of the building and visually
screened from the street through the use of fencing, landscaping, and the
orientation of the principal building; and
(5)
Pedestrian crossings shall be included at every crossing including points of
vehicular access to individual lots, and at main points of pedestrian traffic in
parking lots and clearly marked and stylized through means such as but not limited
to texturing, painting and signage to complement the existing or desired character
of the area as described in any applicable approved statutory or non-statutory plan
and/or to the discretion of the Development Authority.
62.5
LANDSCAPING
Gateways and corridors are of high visual value to the City and therefore, in addition to
the requirements of Section 66 (Landscaping) of this Schedule, the following requirements
shall apply:
(1)
Development applications in gateways and corridors shall be accompanied by
landscaping plans prepared in accordance with this bylaw;
(2)
Landscaping in gateways and corridors shall complement and enhance the
existing landscaping on adjacent lots, along the street and in the area;
(3)
All areas of a lot not covered by buildings, outdoor storage, pedestrian parking or
vehicular movement or any other structures necessary for the approved use, shall
be landscaped;
(4)
Existing soft landscaping retained on a site may be considered as full or partial
fulfilment of the required landscaping;
(5)
Where space on the lot permits, trees and shrubs should be grouped;
(6)
All boulevard areas shall be the developer's responsibility to landscape and shall
incorporate trees and shrubs, the minimum number and type of which shall be at
the discretion of the Development Authority;
(7)
Groupings of trees and shrubs should be located at the main entrance to the lot
and the principal building;
(8)
Landscaping shall screen structures such as but not limited to transformers, utility
boxes, outdoor storage areas, trash enclosures and generators and shall make
use of trees and shrubs and fencing, if permitted, of a density that blocks a
minimum of ninety (90) percent of the structures from view;
(9)
As an alternative to the screening requirements that make use of trees and shrubs,
as set out in this sub-section, a solid fence or wall may, at the discretion of the
Development Authority, be provided; and
(10)
Should a solid fence or wall be permitted in lieu of trees and shrubs, for the sole
purpose of meeting 62.5(9) above, all other landscaping requirements in this sub-
section and Section 67 of this Schedule shall be met.
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City of Brooks Land Use Bylaw No. 14/12
SECTION 63: GRADING, EXCAVATION, STRIPPING & STOCKPILING
63.1
APPLICABILITY
Grading, excavating, stripping and stockpiling of materials associated with a lot or lots
shall be required to meet the standards of this section and any other applicable section of
this bylaw.
63.2
GENERAL REQUIREMENTS
(1)
Any grading, excavation, stripping and/or stockpiling of materials required during
the process of development on a lot shall be carried out in the shortest amount of
time possible and shall minimize potential negative impacts to adjacent lots and
the street on which the development is occurring, including but not limited to:
(a)
noise, odour and dust;
(b)
any required changes to pre-development traffic routes, patterns and
access to individual lots; and
(c)
lot drainage;
(2)
Any grading, excavation, stripping and/or stockpiling of materials required during
the process of development shall not, under any circumstance, alter the drainage
of the site on which such work is being carried out to a point where runoff exits the
lot and enters an adjacent lot;
(3)
The stockpiling of materials removed through grading, stripping and/or excavating
shall be contained on the lot on which the development is taking place, unless
otherwise approved by the Development Authority;
(4)
In the case of a proposal to excavate, strip, grade, and/or stockpile a detailed plan
may be required for an individual lot and shall be required for multiple lots and shall
contain the following information:
(a)
the location of the area of the grading, excavating, stripping and/or
stockpiling within the lot(s);
(b)
a detailed phasing plan indicating when each area identified in 4(a) will be
graded, stripped and/or excavated;
(c)
final lot conditions including new grades, changes to drainage, and any
reclamation work that may be required; and
(d)
a detailed description of measures to be taken to minimize nuisance
outside of the lot(s), including but not limited to noise, dust, odour, changes
to traffic routes, patterns and access, and drainage.
.
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SECTION 64: INFILL DEVELOPMENT
64.1
APPLICABILITY
The general requirements of this section apply to all of the areas of the City that may be
considered already established, which may be defined as areas where the majority of lots
have been subdivided, serviced and developed. In addition to the general requirements,
specific infill development standards also apply to the Residential, and Commercial
Neighbourhood Land Use Districts.
64.2
ALL LAND USE DISTRICTS
(1)
Infill development includes development that may take place on:
(a)
existing undeveloped lots;
(b)
existing developed lots where the existing buildings and structures on the
lot will be demolished and removed thereby creating an undeveloped lot;
(2)
Applications for infill development shall, in addition to the regular requirements of
the application/permit process:
(a)
provide a detailed proposal regarding any grading, stripping, stockpiling or
excavation that may take place, including:
(i)
existing and proposed grades for the lot to be developed;
(ii)
existing grades for each adjacent lot;
(iii)
location(s) for the stockpiling of materials to be moved through
stripping and/or grading;
(iv)
detailed timing and phasing program for the length of the
development;
(v)
a strategy for the minimization of dust, noise and other nuisances
during the development;
(vi)
measures to be taken to ensure surface drainage of adjacent
properties and/or public rights-of-way is not unduly affected during
or after the development; and
(vii)
any other matters deemed appropriate by the Development
Authority;
(b)
provide, for any infill development that includes the demolition and removal
of existing buildings and structures, a detailed proposal indicating:
(i)
the method of demolition;
(ii)
timing for removal of demolished materials;
(iii)
any other work required to be completed to prepare the lot for
development; and
(iv)
any other matters deemed appropriate by the Development
Authority.
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City of Brooks Land Use Bylaw No. 14/12
64.3
SPECIFIC LAND USE DISTRICTS
The standards of this sub-section apply to all Residential Land Use Districts, and the
Commercial Neighbourhood District:
(1)
Infill development shall complement features of the adjacent developed lots and
the overall existing or desired character of the street and area, based on approved
statutory or non-statutory plans and/or to the discretion of the Development
Authority, through investigation of existing:
(a)
building heights, scale, massing, form, orientation, and roof slopes;
(b)
architectural features and exterior finishes;
(c)
entrances, walkways and linkages;
(d)
parking and vehicular access layout;
(e)
landscaping and outdoor amenity spaces; and
(f)
any other matters deemed appropriate by the Development Authority;
(2)
Infill development shall not duplicate the street-facing facade of any adjacent
building(s);
(3)
Setback requirements shall be established through the implementation of sub-
section 7.6 of the Administration portion of this bylaw (Setbacks in Established
Areas);
(4)
On streets where there are few or no front driveways, the introduction of new front
driveways is discouraged;
(5)
For multi-unit residential, commercial and mixed-use developments off-street
parking shall be:
(a)
located at the rear and/or side of the lot and shall be screened from view
by landscaping and/or fencing;
(b)
permitted one point of access from the street if there is no laneway and
may only be permitted from the laneway if there is a laneway, to the
discretion of the Development Authority; and
(c)
should a reduction to minimum parking standards and/or shared parking
be proposed, the Development Authority may require the submission of a
Parking Management Plan, in accordance with Section 72, sub-section
72.2(5) and (6);
(6)
Existing mature trees (greater than 15 cm (0.5 ft) in diameter measured 1.5 m
(4.9 ft) from the ground) should be retained whenever possible;
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(7)
If an existing mature tree is removed, it should be replaced by a similar species of
the minimum size as described above, or larger; and
(8)
A comprehensive landscaping plan may be requested from the Development
Authority.
SECTION 65: INTERFACE AREAS
65.1
APPLICABILITY
The requirements of this section apply to all circumstances where a non-residential
development is proposed to be situated adjacent to a residential development, including
mixed-use developments containing residential dwelling units above or behind non-
residential development proposed adjacent to residential-only development.
65.2
GENERAL REQUIREMENTS
(1)
Development in interface areas shall complement and enhance features of the
adjacent lots and the overall existing or desired character of the street and area,
based on approved statutory or non-statutory plans and/or to the discretion of the
Development Authority, through investigation of existing:
(a)
building heights, scale, massing, form, orientation, and roof slopes;
(b)
architectural features and exterior finishes;
(c)
entrances, walkways and linkages;
(d)
parking and vehicular access layout;
(e)
landscaping and outdoor amenity spaces; and
(f)
any other matters deemed appropriate by the Development Authority;
(2)
Development in interface areas shall mitigate potential undesirable impacts on
existing uses. Impacts may include but are not limited to issues regarding
pedestrian and traffic circulation and safety, parking, light and glare, noise, odours,
dust control, security, shading, and visual intrusion. The mechanisms proposed for
impact mitigation shall be considered the responsibility of the developer and shall
be developed and implemented to the satisfaction of the Development Authority
and
(3)
In interface areas site elements such as loading bays, storage areas, trash
enclosures, transformers, generators and similar features shall be sited in such a
way they are not visible from public rights-of-way and visibility from adjacent lots
is minimized as much as is reasonably achievable.
65.3
SIGNAGE
(1)
Certain types of signage are prohibited in interface areas, including signage that
is animated, electronic moving image/script LED, flashing, or rotating;
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City of Brooks Land Use Bylaw No. 14/12
(2)
The illumination of signage shall only be permitted if is not internal to the sign, does
not make use of neon gas, and meets the requirements of Section 70 of this
Schedule; and
(3)
Signage in interface areas shall complement and enhance the existing or desired
character of the street and area.
65.4
PARKING AND LOADING
(1)
For multi-unit residential and non-residential development in interface areas off-
street parking shall be:
(a)
located at the rear and/or side of the lot and shall be screened from public
rights-of-way and adjacent lots by landscaping and/or fencing;
(b)
permitted one point of access from the street if there is no laneway and
may only be permitted from the laneway if there is a laneway, to the
discretion of the Development Authority; or
(c)
should a reduction to minimum parking standards and/or shared parking
be proposed, the Development Authority may require the submission of a
Parking Management Plan, in accordance with Section 72, sub-section
72.2(5) and (6).
65.5
LANDSCAPING
(1)
Development applications in interface areas shall be accompanied by landscaping
plans prepared in accordance with Section 66 of this Schedule;
(2)
Trees and shrubs in an interface area shall be planted in a manner that effectively
screens non-residential development from residential development. Trees and
shrubs may be clustered or grouped within a side or rear yard to serve as a focal
point for the landscape treatment but a minimum 1.5 metre landscaped strip shall
be provided along the side and rear property lines. The developer will be
encouraged to provide trees in a ratio of one tree per 35 square metres of total
landscaped area provided on a site. As an alternative, shrubs may be planted for
each 35 square metres of landscaped area provided on a site so long as the design
incorporates trees along the property line;
(3)
On corner lots, in addition to the landscaping required in the front yard as identified
in 10.5(2) above, the developer shall be responsible for landscaping the municipal
boulevard from the back of curb to the front and/or flankage property line;
(4)
Where a non-residential development abuts any residential lot without an
intervening lane, there shall be landscaping parallel to the property line of not less
than 1.5 m (4.92 ft) in width throughout that shall make use of trees and shrubs to
aid with visual screening between the lots;
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(5)
As an alternative to the screening requirements that make use of trees and shrubs,
as set out in this sub-section, a solid fence or wall may, at the discretion of the
Development Authority, be provided along the lot lines that are adjacent to a
residential lot; and
(6)
Should a solid fence or wall be permitted in lieu of trees and shrubs, for the sole
purpose of screening a non-residential development from a residential lot, all other
landscaping requirements in this sub-section and Section 66 (Landscaping) of this
Schedule shall be met.
65.6
OUTDOOR LIGHTING
In addition to the requirements of Section 70 (Outdoor Lighting) of this Schedule,
development in interface areas shall meet the following outdoor lighting requirements to
the satisfaction of the Development Authority:
(1)
Development proposed within an interface area may be required to contain a
detailed lighting plan for the site including illustrations of light fixture design, height,
location and extent of light pool, at the discretion of the Development Authority;
and
(2)
Where freestanding poles are used to provide lighting, they shall be designed to
complement the existing or desired character of the street and area.
Figure 65.6.1: examples of freestanding lighting that may fit in with an existing
neighbourhood character.
65.7
PUBLIC NOTICE
(1)
In addition to the requirements of Section 3 of the Administration portion of this
Bylaw, should the Development Officer deem it appropriate, they shall:
(a)
require the applicant to undertake public consultation and provide direction
regarding the method and duration of advertising, the type of consultation,
and to collect and forward the results of the consultation to the
Development Officer at least seven days prior to the scheduled MPC
hearing where the application is to be decided upon.
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City of Brooks Land Use Bylaw No. 14/12
SECTION 66: LANDSCAPING
66.1
APPLICABILITY
The requirements of this section apply to new development on vacant lots and
redevelopment of existing uses and are considered minimum requirements that may be
added to depending on the other portions of this bylaw that may apply to each
development proposal.
66.2
CLASSIFICATIONS
Landscaping is classified into soft and hard categories, based upon the characteristics of
the materials and features used in each:
(1)
Soft landscaping is generally non-structural and consists of living organisms or
materials derived from living organisms such as but not limited to trees, shrubs,
grasses, native and non-native plants and flowers; and
(2)
Hard landscaping is generally structural and consists of non-living materials such
as but not limited to brick, concrete, stamped concrete and asphalt, stone, paving
blocks, and wood, but does not include un-stamped concrete or asphalt, or loose
aggregate.
Figure 66.2.1: an illustrative example of soft (left) and hard (right) landscaping as per
67.2(1)(2) of this section.
66.3
GENERAL REQUIREMENTS
(1)
Landscaping shall be to the satisfaction of the Development Authority;
(2)
Detailed landscaping plans may be required at the discretion of the Development
Authority;
(3)
The quality and extent of the landscaping established on a site shall be the
minimum standard to be maintained on the site for the life of the development;
(4)
The scale and nature of landscaping on a lot shall complement and enhance the
development;
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(5)
The majority of required landscaping shall be concentrated in those yards adjacent
to public rights-of-way unless otherwise stipulated;
(6)
Landscaping materials shall be selected based on the context of the site and the
existing or desired character of the street and area, based on approved statutory
or non-statutory plans and/or to the discretion of the Development Authority and
soft landscaping specifically shall be chosen based on resistance to disease,
maintenance requirements, and relative hardiness as compared to the local
climate;
(7)
Trees and shrubs that exist on a lot prior to development occurring shall be
preserved and integrated into the required landscaping unless the developer can
demonstrate that this requirement cannot be reasonably met;
(8)
Landscaping shall not unduly affect the drainage of public rights-of-way or adjacent
properties;
(9)
The Development Authority shall determine the following:
(a)
the minimum number of trees and/or shrubs for the portions of a lot required
to be landscaped;
(b)
the minimum distance required between the ground and the lowest
branches of trees; and
(c)
the minimum caliper width of trees at the time of planting;
(10)
Soft landscaping shall be maintained on an ongoing basis;
(11)
Any tree or shrub that does not survive shall be replaced within one year of
discovery or from the time the Development Authority receives notification of the
same; and
(12)
Low Impact Development (LID) techniques such as but not limited to alternative
irrigation system and the use of drought-resistant landscaping techniques such as
but not limited to xeriscaping and drought-resistant materials such as but not
limited to mulches and gravels is encouraged to minimize the additional watering
requirements of some non-native trees, shrubs, plants, flowers, and grasses.
66.4
LANDSCAPED AREAS
The landscaped areas described in this sub-section are considered the minimum area to
be landscaped and may be added to, depending on the type and location of development.
(1)
Landscaping of all lots shall occur within the entire front yard and flankage yard
except for those areas required for pedestrian and vehicular movement, parking,
and for any other structures and/or uses approved to be located in the front and/or
flankage yard;
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City of Brooks Land Use Bylaw No. 14/12
Figure 66.4.1: an illustrative example of areas required to be landscaped in accordance
with 11.4(1) of this section.
(2)
In addition to all other landscaping requirements, all City boulevards and other
public r-o-w adjacent to a lot that is intended to be landscaped shall be landscaped
by the developer and shall be maintained by adjoining landowners to the
satisfaction of the Development Authority;
Figure 66.4.2: an example of lands required to be landscaped as per 66.4(2) of this
section.
(3)
In addition to 66.4(1) and the landscaping requirements of any other portion of this
bylaw, for developments where off-street parking is in the rear and/or side yards,
landscaping shall be required for areas visible from adjacent public rights-of-way
not required for parking stalls or vehicular movement; and
(4)
Notwithstanding 66.4(1-3), any other portion of a lot that may require additional
landscaping for the benefit of adjacent properties and/or views from public rights-
of-way may be determined at the discretion of the Development Authority.
Landscaped boulevard area
Landscaped utility r-o-w
Street
Street
Principal
building
Flankage yard
Front yard
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66.5
SECURITY
The Development Authority may require an approved form of financial security to be
provided to ensure the satisfactory completion and maintenance of required landscaping.
Should the security be required the following shall apply:
(1)
The form of security shall be to the satisfaction of the Development Authority;
(2)
The calculation of the security shall be one hundred twenty five (125) percent of
the total cost of landscaping and the first year of maintenance, based on estimates
approved by the Development Authority and provided by the landscaping company
that will be completing the work, or the registered landscape architect who has
prepared the approved landscaping plan;
(3)
The security either in part or as a whole shall be returned upon inspection of the
completed landscaping by the Development Officer, depending on whether
deficiencies have been identified;
(4)
Whatever portion of the security that represents the cost of the first year of
maintenance may be withheld for a period determined by the Development
Authority should the condition of the landscaping not meet the minimum
requirements of this section; and
(5)
Should it be determined that any portion of the landscaping has not survived or
was not completed in accordance with the requirements of this bylaw and/or any
approved landscaping plan, the Development Authority shall use that portion of the
security required to rectify the deficiency.
SECTION 67: MIXED-USE DEVELOPMENT
67.1
APPLICABILITY
For the purposes of this section, mixed-use development refers to those situations where
non-residential uses may be located below residential dwelling units in a multi-storey
building (vertical mixed-use), or behind a non-residential use in a single-storey building
(horizontal mixed-use), as provided for in the permitted and/or discretionary uses lists of
the Commercial land use district.
Other instances of this bylaw where uses may be mixed such as home occupations and
developments where commercial or industrial are the principal and secondary uses on a
site or lot are not subject to the requirements of this section.
67.2
GENERAL REQUIREMENTS
(1)
The requirements of this section are to the satisfaction of the Development
Authority;
(2)
Dwelling units in vertical mixed-use development shall always be located on the
storey(s) of the building that are above non-residential uses;
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City of Brooks Land Use Bylaw No. 14/12
(3)
Notwithstanding 67.2(2), a dwelling unit may be located in the rear of a non-
residential use in the Commercial Neighbourhood land use district, subject to the
discretionary uses requirements of this bylaw;
(4)
Non-residential uses shall have a separate entrance from any dwelling unit in the
same building, either from the outside of the building or from a common indoor
point of access such as but not limited to a hallway, landing or stairwell;
(5)
Section 65 (Interface Areas) of this Schedule applies to all mixed-use development
that is identified as being within an interface area;
(6)
Regardless of whether mixed-use development is in or out of an interface area,
the development shall complement and enhance features of the adjacent lots and
the overall existing or desired character of the street and area, based on approved
statutory or non-statutory plans and/or to the discretion of the Development
Authority, through investigation of existing:
(a)
building heights, scale, massing, form, orientation, and roof slopes;
(b)
architectural features and exterior finishes;
(c)
entrances, walkways and linkages;
(d)
parking and vehicular access layout;
(e)
landscaping and outdoor amenity spaces; and
(f)
any other matters deemed appropriate by the Development Authority.
67.3
BUILDING DESIGN, MASSING AND ORIENTATION
(1)
Vertical mixed-use buildings shall meet the following requirements:
(a)
overhanging balconies shall not be permitted above non-residential uses
and instead the storeys of residential development above non-residential
development shall be stepped-back an adequate distance to meet the
minimum private outdoor amenity space standards specified in this section;
Figure 67.3.1: permitted vs. prohibited forms of balconies for residential units
above non-residential uses as per 67.3(1)(a) of this section.
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(b)
non-residential development on the ground floor should have transparent
windows and doors make up a minimum of 30 percent of the street facing
façade;
(c)
development on any storeys above the ground floor should have
transparent windows and doors make up a minimum of 30 percent of the
street facing façade;
Figure 67.3.2: an illustrative example of approximately 30 percent transparency
as per 67.3(1)(c) of this section.
(d)
the main access for ground floor non-residential development shall be
oriented towards the street and to pedestrian walkways internal to the site,
if applicable; and
(e)
all dwelling units should be oriented such that they each receive sun
exposure the majority of the year.
(2)
Horizontal mixed-use buildings shall meet the following requirements:
(a)
dwelling units shall always be located behind non-residential development;
(b)
non-residential development shall always make up the street facing façade;
(c)
non-residential development should have transparent windows and doors
make up a minimum of thirty (30) percent of the street facing façade; and
(d)
notwithstanding the general requirements of this section, dwelling units
shall always have access directly to the outdoors, either as the main and
only point of access to the unit(s) or in addition to a shared indoor access.
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City of Brooks Land Use Bylaw No. 14/12
67.4
AMENITY SPACE
Amenity space may be categorized as private, common (accessible to all dwelling units in
a mixed-use development) and public, on-site and off-site and can be indoors, partly or
entirely outdoors, or any combination thereof depending on the development.
(1)
Private amenity space for vertical mixed-use development shall be:
(a)
provided for each dwelling unit in the form of a balcony or rooftop space;
(b)
a minimum of 4.6 m2 (49.5 ft2) and for balconies the minimum depth from
the point of access shall be 1.5 m (4.9 ft);
(c)
only be accessible through the dwelling unit to which they are a part of; and
(d)
for rooftop space, dedicated only to dwelling units directly below it and
accessible through the use of common access points such as hallways and
stairwells.
(2)
Private amenity space for horizontal mixed-use development shall be:
(a)
provided for each dwelling unit in the form of a patio, deck or landscaped
area;
(b)
a minimum of 10 m2 (107.6 ft2); and
(c)
accessible only through the dwelling unit that it is a part of.
(3)
Common amenity space shall be:
(a)
to the discretion of the Development Authority for mixed-use developments
with ten or fewer dwelling units;
(b)
required for mixed-use developments with more than ten dwelling units;
(c)
provided for in the form of indoor and/or outdoor space;
(d)
in the case of indoor space, consist of a minimum area of 37.2 m2 (400 ft2)
contained within the same building as the mixed-use development;
(e)
in the case of partially or fully outdoor space, make up a minimum of 25%
of the total site area and fully contained within the mixed-use development
lot or site;
(f)
accessible to all dwelling units within a mixed-use development;
(g)
made up of any of the following indoor spaces:
(i)
common rooms for the purposes of group entertainment;
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(ii)
fitness facilities such as but not limited to swimming pools, saunas,
steam rooms and fitness rooms;
(h)
made up of any of the following outdoor spaces:
(i)
communal patios, balconies or rooftop spaces;
(ii)
landscaped yards and/or gardens.
(4)
Public amenity space shall be:
(a)
contained off-site from the mixed-use development but may be adjacent to
the lot or site of the mixed-use development;
(b)
considered in lieu of private amenity space in instances where the provision
of adequate indoor and/or outdoor amenity space is demonstrated by the
developer to not be achievable on-site;
(c)
developed at the expense of the developer should 12.4(4)(b) apply;
(d)
a minimum of 25 percent of the total area of the mixed-use development
site;
(e)
a maximum of 150 m (492.1 ft) from the mixed-use development;
(f)
made up of any combination of indoor/outdoor space including but not
limited to passive and active recreational space that may contain
landscaped areas, walking and cycling trails, sports fields and facilities; and
(g)
fully accessible to the public.
67.5
SIGNAGE
In addition to the requirements of any other section of this bylaw, signage in mixed-use
development shall not unduly interfere with the dwelling units by way of the placement,
illumination of or any other situation that may result in potential negative impacts to
dwelling units in the building.
67.6
PARKING AND LOADING
(1)
Off-street parking shall be located in the rear and/or side yard and shall be
screened from public rights-of-way and adjacent lots by landscaping and/or
fencing;
(2)
Access for off-street parking shall be permitted one point of access from the street
if there is no laneway and may only be permitted from the laneway if there is a
laneway, to the discretion of the Development Authority;
(3)
Non-residential uses may be granted a partial or full waiver to the off-street
parking requirements of Section 72 (Parking and Loading) of this Schedule,
based on factors such as but not limited to the projected amount of vehicular
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City of Brooks Land Use Bylaw No. 14/12
traffic to be generated by the use, proximity to existing on-street and/or off-street
parking, and the potential for required parking to be shared depending on business
hours and the number of dwelling units; and
(4)
Should a reduction to minimum parking standards and/or shared parking be
proposed, the Development Authority may require the submission of a Parking
Management Plan, in accordance with Section 72, sub-section 72.2(5) and (6).
67.7
LANDSCAPING
(1)
Development applications for mixed-use development shall be accompanied by
landscaping plans prepared in accordance with Section 66 of this Schedule;
(2)
Trees and shrubs shall be planted in a manner that effectively screens mixed-use
development from residential-only development. Trees and shrubs may be
clustered or grouped within a side or rear yard to serve as a focal point for the
landscape treatment but a minimum 1.5 metre landscaped strip shall be provided
along the side and rear property lines and any other area of the lot that abuts a
residential-only lot. The developer is encouraged to provide trees in a ratio of one
tree per 35 square metres of total landscaped area provided on a site. As an
alternative, shrubs may be planted for each 35 square metres of landscaped area
provided on a site so long as the design incorporates trees along the property line;
(3)
Landscaping of main building accesses including shared accesses to non-
residential and residential points of access shall include soft materials other than
grasses and hard materials that together highlight the access;
(4)
On corner lots, in addition to the landscaping required in the front yard as identified
in (2) above, the developer shall be responsible for landscaping the municipal
boulevard from the back of curb to the front and/or flankage property line;
(5)
As an alternative to the screening requirements that make use of trees and shrubs,
as set out in this sub-section, a solid fence or wall may, at the discretion of the
Development Authority, be provided along the lot lines that abut a residential lot;
and
(6)
Should a solid fence or wall be permitted in lieu of trees and shrubs, for the sole
purpose of screening a mixed-use development from a residential lot, all other
landscaping requirements in this sub-section and Section 66 (Landscaping) of this
Schedule shall still apply.
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Figure 67.7.1: an illustrative example of highlighting an entrance with soft landscaping as
per 67.7(3) of this section.
67.8
EXCEPTIONS
Notwithstanding any of the requirements of this section, in instances where mixed-use
development is to be located in already established areas and a specific requirement is
demonstrated to have a material impact on the development potential of the site, the
developer shall provide an alternative means of meeting the requirement, to the
satisfaction of the Development Authority.
SECTION 68: MOVED-IN BUILDINGS
68.1
APPLICABILITY
Manufactured homes and modular homes are exempt from this section and shall instead
comply with all other applicable sections of this bylaw.
68.2
GENERAL REQUIREMENTS
The following requirements apply to moved-in dwellings and moved-in buildings and for
the purposes of this sub-section, both shall be referred to as 'the building':
(1)
The building and the land upon which it is to be located shall be subject to all
conditions and regulations specified for the particular land use district set out in the
land use bylaw;
(2)
The building shall comply with all provincial and municipal health and fire
regulations prior to occupancy and release of cash deposit;
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City of Brooks Land Use Bylaw No. 14/12
(3)
The quality of the completed building shall be at least equal to or better than the
quality of the other buildings in the area;
(4)
The requirements of the building shall be established by the Development
Authority at the time of approval of the application and shall form a part of the
conditions of the development permit;
(5)
A report by the building inspector regarding each application shall be filed before
any such application shall be considered;
(6)
A limit of the time of completion and full compliance with all stipulated requirements
shall be established by the Development Authority at the time of the approval of
the application;
(7)
The application should be accompanied by recent colour photographs of all
elevations of the building;
(8)
The Development Officer shall require a minimum deposit of $2,000 to ensure the
conditions of the development permit are met. If the cost to complete the work in
the conditions of approval is greater than the deposit, construction may be
completed by the City and additional costs may be charged against the property
taxes;
(9)
Return of the deposit is contingent on the Development Officer verifying the
completion of all the conditions of this schedule and the development permit, such
as:
(a)
sod being installed in the front yard;
(b)
siding on the structure;
(c)
hard surface or gravel in a parking area;
(d)
walkway from the dwelling to the sidewalk;
(e)
down spouts for drainage; and
(f)
other aspects required in the development permit;
(10)
Should an on-site inspection by the Development Officer be required prior to the
moving of the structure, this will be at the applicant's expense.
SECTION 69: NUISANCE, POLLUTION & HAZARD CONTROL
69.1
APPLICABILITY
The requirements of this section apply to any use in any land use district that may create
nuisance and/or pollution and/or hazard beyond the boundaries of the site on which the
use is approved.
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69.2
GENERAL REQUIREMENTS
(1)
Unless otherwise permitted by virtue of the land use district or as detailed in the
Development Permit associated with the approved use, activities that create the
release of dust, noise, odor, smoke or any other potentially harmful airborne
particulate beyond what is considered permissible based on this or any other
applicable City, provincial or national standard shall be contained entirely on-site;
(2)
There shall be no mechanical or electrical equipment used which creates visual,
audible or electrical interference to radio, television and/or telecommunication
reception; and
(3)
All approved uses that may produce nuisance, pollution and hazard on or off-site
shall be subject to required minimum distance separations from adjacent and area
development.
SECTION 70: OUTDOOR LIGHTING
70.1
APPLICABILITY
Outdoor lighting requirements specified in this section are applicable to all new
development and the redevelopment of all existing development that requires the
replacement of existing outdoor lighting fixtures, or the installation of new outdoor lighting
fixtures.
70.2
REQUIREMENTS
Where outdoor lighting is required for any development to illuminate the lot, building or
any other portion of the site, the type, location and orientation of the lighting shall:
(1)
Not produce any form of light pollution, including but not limited to light trespass,
glare, over-illumination, light clutter or up-lighting;
(2)
Make use of full cut-off fixtures and appropriate bulb strengths; and
(3)
Angle adjustable light fixtures such that they are horizontal to and parallel with the
ground over which they are intended to illuminate.
Figure 70.2.1: an example of proper vs. improper adjustable light placement as per 7.2(3)
of this section.
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City of Brooks Land Use Bylaw No. 14/12
70.3
EXEMPTIONS
(1)
Season specific temporary outdoor lighting that does not comply with the
requirements of this section shall be permitted on a non-permanent basis; and
(2)
Street lighting may produce some light trespass, but is subject to all other
requirements of this section.
SECTION 71: OUTDOOR STORAGE AND DISPLAY
71.1
APPLICABILITY
The requirements of this section apply to all land use districts unless otherwise stipulated
or specified in this or any other section of this bylaw.
71.2
GENERAL REQUIREMENTS
(1)
All requirements of this section shall be to the satisfaction of the Development
Authority;
(2)
The storage or display of any object or material in any of the yard setbacks other
than those objects and materials permitted in other sections of this bylaw, shall not
be permitted;
(3)
The storage and/or display of any object or material shall not occur on any public
rights-of-way at any time;
(4)
The storage or display of any object or material in parking areas shall not be
permitted;
(5)
Notwithstanding 71.2(4) of this section, parking areas may be used for the
temporary storage and/or display of products if the storage and/or display does
not:
(a)
impact the number of parking stalls required during peak time periods,
which may be required to be demonstrated through the provision of a
parking demand study, at the discretion of the Development Authority;
(b)
last more than fourteen (14) consecutive days or another specified
duration, at the discretion of the Development Authority;
(6)
The storage and/or display of any object or material shall not impact or impede
automobile and pedestrian traffic, including but not limited to emergency and
customer access, into and out of the lot(s) on which the storage and/or display is
occurring;
(7)
The storage and/or display of any object or material shall not impact or impede
vehicular and pedestrian access to the building(s) on the lot(s) on which the
storage and/or display is occurring;
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(8)
Outdoor storage and/or display areas that may visually impact adjacent lots may
be required to be screened in accordance with Section 76 (Screening) of this
Schedule ; and
(9)
Outdoor storage and/or display areas shall not impact access to or the safety of
adjacent lots and buildings at any time.
71.3
NON-RESIDENTIAL LAND USE DISTRICTS
OUTDOOR STORAGE
(1)
Outdoor storage in non-residential land use districts may be required to be
screened in accordance with Section 76 (Screening);
(2)
All outdoor storage areas adjacent to residential land use districts shall be
screened in accordance with Section 76 (Screening) and any other applicable
section of this bylaw;
(3)
Outdoor storage shall not be permitted in the front yard of any lot other than for the
combined purposes of storage and display, including the:
(a)
display of new and used vehicles including but not limited to personal
automobiles, recreational vehicles, and commercial vehicles, intended for
rental and/or sale to the public within an approved associated use;
(b)
temporary storage of vehicles intended for repair at an automotive repair
facility, not lasting more than 14 consecutive days;.
(c)
temporary storage of building supplies intended for sale to the public, within
an approved building supply centre, not lasting more than six consecutive
months.
OUTDOOR DISPLAY
(1)
Outdoor display of objects and materials may be permitted if the display of the
objects and materials does not:
(a)
pose a threat to the safety of the public;
(b)
encroach onto public rights-of-way including but not limited to sidewalks,
on-street parking areas, and roadways;
(c)
unduly interfere with vehicular and non-vehicular access to adjacent public
rights-of-way and/or private lots and buildings;
(d)
shade or completely block the windows of adjacent buildings; and
(e)
have any other impact deemed to be objectionable by the Development
Authority.
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City of Brooks Land Use Bylaw No. 14/12
SECTION 72: PARKING AND LOADING
72.1
APPLICABILITY
Notwithstanding the minimum standards set out herein, specific requirements applicable
to the use of land in any district shall govern the parking requirements of that district.
72.2
GENERAL REQUIREMENTS
(1)
Any parking provision for development after the adoption of this bylaw shall be in
accordance with the minimum prescribed specifications;
(2)
Notwithstanding any additional requirements as may be specified any other portion
of this bylaw, the following minimum parking standards shall apply:
MINIMUM OFF-STREET PARKING REQUIREMENTS: Residential Uses
Uses
Parking requirements
All Attached Housing, Cluster Housing,
Duplex, Apartment, Secondary Suite or
Multi-unit Dwelling < 2 bedrooms/unit
1 stall/bedroom
All Attached Housing, Cluster Housing,
Duplex, Apartment, Secondary Suite or
Multi-unit Dwelling > 2 bedrooms/unit
All Single-Detached Dwelling, Modular
Home, Manufactured Home, and Moved-
in Dwelling
2 stalls/dwelling unit
MINIMUM OFF-STREET PARKING REQUIREMENTS: Non-residential Uses
Uses
Parking requirements
Adult entertainment establishments
10 stalls/100 m2 (1076.39 ft2) GFA
Arts and craft studios
2 stalls/100 m2 (1076.39 ft2) GFA
Auction establishments
10 stalls/100 m2 (1076.39 ft2) GFA
Auto and equipment paint shops
2 stalls/100 m2 (1076.39 ft2) GFA
Auto and equipment rental and sales
2 stalls/100 m2 (1076.39 ft2) GFA
Bakeries
2 stalls/100 m2 (1076.39 ft2) GFA
Bars/Lounges
10 stalls/100 m2 (1076.39 ft2) GFA
Bed and breakfasts
1 stall/guest room
Breweries, wineries and distilleries
As required by the DA
Building and trade contractors
2 stalls/100 m2 (1076.39 ft2) GFA
Bulk fuel stations
2 stalls/100 m2 (1076.39 ft2) GFA
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Bus depots
2 stalls/100 m2 (1076.39 ft2) GFA
Business and professional offices
2 stalls/100 m2 (1076.39 ft2) GFA
Cafes
2 stalls/100 m2 (1076.39 ft2) GFA
Cannabis production facilities
2 stalls/100 m2 (1076.39 ft2) GFA
Cannabis stores
2 stalls/100 m2 (1076.39 ft2) GFA
Campgrounds
As required by the DA
Cemeteries
As required by the DA
Commercial schools
2 stalls/100 m2 (1076.39 ft2) GFA
Cultural facilities
10 stalls/100 m2 (1076.39 ft2) GFA
Data centre
1 stall per employee
Day cares
2 stalls/100 m2 (1076.39 ft2) GFA
Day homes
As required by the DA
Education facilities
10 stalls/100 m2 (1076.39 ft2) GFA
Entertainment facilities
3 stalls/100 m2 (1076.39 ft2) GFA
Farms
Not applicable
Financial institutions
3 stalls/100 m2 (1076.39 ft2) GFA
Funeral services
10 stalls/100 m2 (1076.39 ft2) GFA
Government and public services
As required by the DA
Heavy manufacturing
2 stalls/100 m2 (1076.39 ft2) GFA
Home occupations
See Section 87
Hospitals
10 stalls/100 m2 (1076.39 ft2) GFA
Hotels
1 stall/room
Kenneling
2 stalls/100 m2 (1076.39 ft2) GFA
Laboratories
2 stalls/100 m2 (1076.39 ft2) GFA
Light manufacturing
2 stalls/100 m2 (1076.39 ft2) GFA
Liquor stores
2 stalls/100 m2 (1076.39 ft2) GFA
Major or minor retail establishments
2 stalls/100 m2 (1076.39 ft2) GFA
Media production facilities
2 stalls/100 m2 (1076.39 ft2) GFA
Medical offices
5 stalls/100 m2 (1076.39 ft2) GFA
Outdoor storage
As required by the DA
Parking facilities
Not applicable
General Standards | 42
City of Brooks Land Use Bylaw No. 14/12
Parks and playgrounds
As required by the DA
Personal services
2 stalls/100 m2 (1076.39 ft2) GFA
Pet grooming facilities
2 stalls/100 m2 (1076.39 ft2) GFA
Private recreation facilities
5 stalls/100 m2 (1076.39 ft2) GFA
Public recreation facilities
As required by the DA
Public utilities
As required by the DA
Recycling facilities
2 stalls/100 m2 (1076.39 ft2) GFA
Religious assemblies
As required by the DA
Renewable energies
As required by the DA
Repair shops
2 stalls/100 m2 (1076.39 ft2) GFA
Restaurants
5 stalls/100 m2 (1076.39 ft2) GFA
Salvage yards
2 stalls/100 m2 (1076.39 ft2) GFA
Seniors housing
10 stalls/100 m2 (1076.39 ft2) GFA
Service stations
2 stalls/100 m2 (1076.39 ft2) GFA
Shopping malls
2 stalls/100 m2 (1076.39 ft2) GFA
Truck and car washes
2 stalls/100 m2 (1076.39 ft2) GFA
Veterinary clinics
2 stalls/100 m2 (1076.39 ft2) GFA
Warehouses
As required by the DA
(3)
Parking requirements for uses not listed shall be determined by the Development
Authority, with regard for similar uses for which specific parking requirements are
set;
(4)
Notwithstanding the minimum standards as set out in 72.2(2), the Development
Authority may require fewer or more parking stalls based on factors that are
specific to the proposed use including but not limited to:
(a)
the location of the use for which the off-street parking is required;
(b)
adjacent land uses;
(c)
existing on and off-street parking available for the proposed use;
(d)
the intensity of the proposed use, including but not limited to factors such
as estimated trip generation rates, based on information provided as a part
of the Development Permit application process;
(e)
the results of a comprehensive Parking Management Plan submitted by the
applicant; and
City of Brooks Land Use Bylaw No. 14/12
General Standards | 43
(f)
any other factors determined to be relevant by the Development Authority;
(5)
Should the minimum standards, as set forth in 72.2(2) of this section, or as
determined by the Development Authority, not be met for a proposed use and/or
shared parking is proposed, the Development Authority may require that the
applicant submit a Parking Management Plan detailing, in a comprehensive
manner, factors such as but not limited to parking supply, demand, utilization,
prioritization, turnover, sharing, peak demand management, and pricing;
(6)
In consideration of a Parking Management Plan submitted by an applicant, the
Development Authority may waive the minimum number of required parking stalls
and/or allow the sharing of stalls between multiple uses, should the Plan provide
sufficient merit to do so, as determined by the Development Authority;
(7)
Where a lot is used exclusively for off-street parking, that portion of the lot that
would correspond to the front yard if a building was erected on the site, shall not
contain any parking stalls and shall be landscaped to the satisfaction of the
Development Authority;
(8)
The portion of a lot used for parking shall be:
(a)
clearly delineated with curbs, landscaping, barriers or fences as required
by the Development Authority;
(b)
constructed in a manner that permits adequate drainage, snow removal
and maintenance to the satisfaction of the Development Authority;
(9)
All parking areas and loading spaces, except where provided for single-detached
dwellings and duplexes shall be hard surfaced with impervious materials and
drained to the satisfaction of the Development Authority;
(10)
Notwithstanding the above, pervious materials used for parking areas and loading
spaces for the purpose of realizing a low-impact development may be accepted,
to the discretion of the Development Authority and subsequent to review of
proposed design by the City's engineer;
(11)
The provision of a parking area pursuant to the provisions of this bylaw shall be
located on the same lot as the building or use in respect of which it is required
unless otherwise approved by the Development Authority;
(12)
Should a parking area be proposed off-site from the lot on which the associated
building(s) is located, the parking area shall be on an adjacent lot, or within 150 m
(492.1 ft) of the lot on which the building(s) is situated;
(13)
When the requirements of sub-section 12 are required to be met:
(a)
the developer(s) shall have an instrument registered on the title of the lot
on which the parking area is to be situated indicating that the lot is to be
used for off-site, off-street parking until such time that the developer finds
a suitable alternative to the use of the off-site lot for the purposes of meeting
the City's parking requirements;
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City of Brooks Land Use Bylaw No. 14/12
(b)
no more than 25 percent of the required parking may be shared or
combined unless proof can be provided by the developer that additional
shared parking will not result in shortages for the proposed use and other
uses that may share or be proposed to share the parking area, to the
discretion of the Development Authority;
(14)
Off-street parking requirements may be met by either providing the minimum
number of stalls as set out in sub-section 72.2(2) or as determined by the
Development Authority, or by the payment of money in-lieu of the stalls not
provided. City Council shall determine the per stall amount of in-lieu payment;
(15)
Each parking stall shall be delineated to the satisfaction of the Development
Authority including but not limited to painted lines, wheel stops and signage;
(16)
Wheel stops shall be placed so that the centre point of the wheel stop is not less
than 0.6 m (2 ft) from the back of a sidewalk so that the minimum stall depth
prescribed in this section is provided;
(17)
Off-street parking and loading facilities shall be so arranged and of such size as to
avoid any interference with the use of transportation r-o-w adjacent to the lot on
which the parking is provided;
(18)
Parking stall designs proposing tandem or stacked parking to a maximum of two
vehicles per stall may be approved by the Development Authority;
(19)
A parking and loading facility shall be located and constructed so that:
(a)
it is accessible to vehicles intended to be accommodated in it and can be
properly maintained;
(b)
it is of a size, shape, location and construction design that is appropriate
having regard to the nature and frequency of use;
(20)
The dimensions of parking stalls and aisles shall meet the following requirements:
Standard Parking Stall Dimensions
A: Parking Angle
B: Stall Width
C: Stall Depth
D: Aisle Width
Degrees
m
ft
m
ft
m
ft
0 (parallel)
2.4
7.9
6.7
22
3.7
12.1
30
2.7
8.9
5.5
18.1
3.5
11.5
45
2.6
8.5
6.1
20
3.9
12.8
60
2.6
8.5
6.4
21
5.5
18
90
2.9
9.5
5.8
19
7.3
24
90 (small car)
2.3
7.5
4.9
16.1
-
-
City of Brooks Land Use Bylaw No. 14/12
General Standards | 45
Figure 72.2.1: a visual key for the standard parking stall dimensions table as per 72.2(21) of this
section.
(21)
Up to twenty five (25) percent of the required parking stalls may be provided in the
form of small car stalls, to the discretion of the Development Authority;
(22)
The minimum number of barrier-free parking stalls to be provided for the disabled
shall be a portion of the total number of off-street parking spaces required, in
accordance with the table below;
Stalls required for a use
Barrier free stalls required
0-10
1
11-25
2
26-50
3
51-100
4
For each additional increment of 100
or part thereof
One additional stall
(23)
Each barrier-free parking stall shall be designed in accordance with the Alberta
Building Code and specifically the Barrier Free Design Guide (2019) and any
amendments thereto;
(24)
Each barrier-free parking space for persons with disabilities shall be:
a) at least 3.7 m (12 ft) wide or designed in accordance with the Safety Codes
Act;
b) have a firm, slip-resistant and level surface;
c) be clearly marked as being for the use of persons with disabilities only;
(25)
Where there are two or more adjacent barrier-free parking stalls, a 1.5 m (5 ft) wide
access aisle shall be provided between the stalls;
Parking
Angle
Stall
Width
Stall
Depth
Aisle Width
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City of Brooks Land Use Bylaw No. 14/12
(26)
Barrier-free parking stalls shall be clearly identifiable in accordance with the Safety
Codes Act;
(27)
There must be a well-lit, discernible, barrier-free path of travel leading to the
building entrance;
(28)
Additional barrier-free stalls should be considered when the purpose or use of the
building facilities may cause an increase in the number of seniors or persons with
disabilities who require accessible parking including, but not limited to, medical
uses and public/institutional uses;
(29)
For the calculation of parking requirements, fractional numbers shall be rounded
down or up to the next whole number, at the discretion of the Development
Authority;
(30)
The Development Authority may require that a Traffic Impact Assessment (TIA) be
conducted for any use as part of the development permit application if it appears
that traffic volumes or vehicular turnover may create a significant negative impact
on surrounding development. The TIA shall be prepared to the satisfaction of the
municipality; and
(31)
Any lot on which a non-residential use is situated should be of sufficient size to
accommodate the loading/unloading and maneuvering of commercial vehicles
such as delivery and garbage trucks within the site and any loading space or area
used for loading should be oriented so as to minimize impacts on adjacent uses,
including uses on the same site.
72.3
BICYCLE PARKING REQUIREMENTS
Should bicycle parking be provided as a part of the development of a residential use for
multi-unit dwellings of more than 4 units, or any non-residential use, the following
requirements shall apply:
(1)
Bicycle parking, at the discretion of the Development Authority, may be located
within public r-o-w, limited to sidewalks and civic space including but not limited to
squares, parking areas and parks and playgrounds, but shall not:
(a)
encroach into the areas of a sidewalk or any other portion of public r-o-w
associated with pedestrian and/or vehicular movement;
(b)
be located further than 35 m (114.8 ft) from the principal entrance to the
building and/or facility of the use that is required to provide the parking;
(2)
Bicycle parking shall be located, regardless of whether permitted to be within public
r-o-w or on the same lot as the associated use:
(a)
within 35 m (114.8 ft) of the principal entrance to the building and/or facility
of the use that is required to provide the parking;
City of Brooks Land Use Bylaw No. 14/12
General Standards | 47
(b)
within view of the façade of the building within which the associated use is
located, and, if windows are present on the side of the building, along the
side of the building;
(3)
Bicycle parking shall be anchored securely to the ground or a portion of a building
in a way that minimizes the potential for the parking to be removed easily, to the
discretion of the Development Authority.
72.4
PARKING REQUIREMENTS IN THE COMMERCIAL CENTRAL DISTRICT
(1)
For the calculation of parking requirements in the Commercial Central (C-C)
District, the minimum standards as provided in 72.2(2) shall apply, but shall also
be subject to the following additional requirements:
(a)
new developments in the Central Commercial District shall provide 100
percent of the required off-street parking whether through actual stalls or
money in-lieu of stalls or a combination of both;
(b)
notwithstanding any other provision, there shall be no requirement to
provide additional off-street parking stalls for a proposal to redevelop an
existing building in the Commercial Central District area shown on the
Downtown Parking Overlay Map on the following page unless, in the
opinion of the Development Authority, a lack of parking will result from the
proposed development; and
(c)
in the event that a lack of parking will result from a redevelopment proposal,
the Development Authority shall specify the number of additional off-street
parking stalls to be provided.
General Standards | 48
City of Brooks Land Use Bylaw No. 14/12
City of Brooks Land Use Bylaw No. 14/12
General Standards | 49
72.5 LOADING REQUIREMENTS
(1)
Loading spaces shall be designed and located so that all vehicles using those
spaces can be parked and maneuvered entirely within the bounds of the site before
moving on to adjacent streets or sites;
(2)
The required loading facilities for specific uses shall be as follows:
MINIMUM OFF-STREET LOADING REQUIREMENTS: Non-residential Uses
Parking
need
Uses
Loading Requirements
LOW
Auditoriums
Convention centres
Exhibition buildings
Retail minor
Wholesale establishments
1 stall/2800 m2 of GFA
MEDIUM
Rail yards
Industrial
Manufacturing
Business, Professional and
Administrative Offices
Restaurants
Bar/Lounges
1 stall minimum +
1 stall/1800 m2 of GFA
HIGH
Funeral services
1 stall/hearse +
1 stall/1800 m2 of GFA
(3) For the calculation of loading requirements, fractional numbers shall be rounded
down or up to the next whole number, at the discretion of the Development
Authority.
72.6
DESIGN REQUIREMENTS FOR MULTI-STALL PARKING AREA
(1)
The requirements of this section are in addition to any other requirement for multi-
stall parking areas contained in this bylaw;
(2)
For multi-stall parking areas of more than twenty (20) total stalls, every ten (10)
stalls should be interrupted by landscaping or other site elements deemed
appropriate by the Development Authority;
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City of Brooks Land Use Bylaw No. 14/12
Figure 72.6.1: an example of multi-stall landscaping requirements.
(3)
Multi-stall parking areas should incorporate LID practices such as tree filter boxes
and curb-cuts where other LID storm water management tools have been
implemented on or adjacent to the site;
(4)
Multi-stall parking areas shall incorporate pedestrian rights-of-way at key points
throughout the parking area including but not limited to building or facility entrances
and between aisle intersections, in the form of walkways and crossings that are
clearly delineated through the use of techniques such as but not limited to:
(a)
paint;
(b)
context-appropriate signage;
(c)
texturized pavement, paving stone or interlocking brick;
(d)
raised crossings;
(e)
bump-outs;
(f)
bollards and other site elements physically separating pedestrians from
vehicle rights-of-way; and
(g)
any other technique deemed appropriate by the Development Authority;
(5)
Multi-stall parking areas shall be adequately illuminated in accordance with
applicable standards such as but not limited to those of the Transportation
Association of Canada (TAC) and/or the Illuminating Engineering Society of North
America (IESNA).
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General Standards | 51
72.7
DRIVEWAYS
(1)
Driveways in residential districts shall be a maximum of 50 percent of the width of
the lot;
(2)
The width of the lot shall be measured 7.5 m (24.6 ft) back from the front property
boundary for the purposes of 72.7(1);
(3)
Pie-shaped lots, which are typically found fronting onto cul-de-sacs or the corners
of crescents, are exempt from 72.7(1) and 72.7(2).
Figure 72.7.1: an illustration of where lot width is measured from in accordance
with 72.7(2), and a pie-shaped lot in accordance with 72.7(3).
(4)
Driveways in all other land use districts shall be of a maximum width that is
determined by the Development Authority, with consideration for the context of the
land on which the driveway is located, and potential negative impacts to adjacent
and neighbouring properties and the public rights-of-way from which the driveway
is accessed.
SECTION 73: PROHIBITIONS
73.1
APPLICABILITY
The prohibition of certain permanent and portable structures and uses not listed in the
land use districts are specified in this section and may be specific to a land use district, or
if indicated as such, apply to all areas of the City.
73.2
USES NOT LISTED
If a use is not listed in the permitted or discretionary uses list of a land use district, and a
use that is not listed is not deemed a similar use by the Development Authority, the use is
considered prohibited and shall not occur in the associated land use district.
Pie-shaped lot
(exempt)
7.5 m (24.6 ft)
Point of measurement
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City of Brooks Land Use Bylaw No. 14/12
73.3
RECREATIONAL VEHICLES
(1)
Recreational vehicles including but not limited to motor homes and holiday trailers
shall not be used for accommodation on a lot, street or laneway for a single,
continuous period of time greater than fourteen (14) days in duration; but
(2)
In cases of emergency where dwelling(s) have been impacted to a point where
they are uninhabitable, the requirements of this section do not apply.
73.4
PORTABLE SHELTERS
(1)
Portable shelters that are in excess of 2.4 m (7.9 ft) in height and 10 m2 (107.64 ft2)
in area are prohibited in all residential and the Commercial Central land use
districts; and
(2)
Portable shelters in excess of the dimensions listed in this section that are to be
erected for a single continuous period of time of seven (7) days or less may be
permitted at the discretion of the Development Authority.
73.5
SHIPPING CONTAINERS
(1)
Shipping containers are:
(a)
prohibited in residential districts;
(b)
discretionary in commercial districts;
(c)
permitted in industrial districts;
(2)
Notwithstanding 73.5(1) above, shipping containers are permitted in residential
and commercial districts on a temporary basis for:
(a)
30 successive days or less if placed on the lot associated with the
container;
(b)
2 successive days or less if placed on public r-o-w adjacent to the lot
associated with the container;
(3)
Notwithstanding the requirements of this bylaw, the placement and use of shipping
containers shall meet all requirements of the City's Community Standards Bylaw
(No. 14/02) and any amendments thereto.
SECTION 74: PROJECTIONS INTO SETBACKS
74.1
APPLICABILITY
Certain elements of buildings and lot improvements may be permitted to project into the
yard setbacks prescribed in the land use districts. This section applies to all land use
districts but does not apply when the setback requirement is 0 m (0 ft).
City of Brooks Land Use Bylaw No. 14/12
General Standards | 53
74.2
PERMITTED PROJECTIONS
(1)
No part of any structure shall encroach into an adjacent property or public rights-
of-way;
(2)
No part of any structure or any projection shall cause runoff onto an adjacent
property;
(3)
The following may, subject to relevant provisions of Safety Codes, project into the
minimum required yard setbacks of this bylaw:
(a)
unenclosed steps providing entry to the basement or first floor of a principal
building except into a 3.0 metre side yard required in a laneless subdivision
where no provision is made for a garage or carport on the front or side of a
dwelling, to a maximum of:
(i)
side yards:
1.5 m (4.92 ft); or
the minimum setback width between the
property
line
and
principal
building,
whichever is the lesser of the two.
(ii)
front, flankage and rear yards:
50% of the minimum set back.
(b)
wheelchair ramps and lifting devices;
(c)
fences that comply with the maximum height requirements of the yard on
which they are placed;
(d)
driveways, sidewalks and curbs;
(e)
off-street parking in accordance with the applicable land use district and
Section 3 (Corner Lots) of this Schedule;
(f)
Services metres and mail boxes;
(g)
architectural and/or structural features such as but not limited to window
sills, cornices, eaves, gutters, chimneys, pilasters, canopies, and window
bays, to the discretion of the Development Authority and to a maximum of:
(i)
side yards:
0.6 m (1.97 ft)
(ii)
front, flankage and rear yards:
1.2 m (3.94 ft)
(h)
landscaping features;
(i)
unenclosed porches and decks to a maximum of:
(i)
front yards:
to within 2 m (6.56 ft) of the property line.
(ii)
flankage:
to within 1 m (3.28 ft) of the property line
(iii)
rear yards:
3 m (9.84 ft)
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City of Brooks Land Use Bylaw No. 14/12
(j)
signs, in accordance with Schedule 5; and
(k)
patios to a maximum of:
(i)
side and/or rear yards: 100%
(ii)
front and/or flankage yards: 50%
74.3
EXCEPTIONS
Notwithstanding the permitted projections of sub-section 74.2, the Development Authority
may prohibit any projection into any yard setback should it be determined that it may result
in material impact to adjacent properties, public rights-of-way, or the amenities of the
neighbourhood.
SECTION 75: QUALITY OF DEVELOPMENT
75.1
APPLICABILITY
Quality of development may relate to buildings, hard and soft landscaping and any other
site improvements deemed relevant by the Development Authority, including but not
limited to design, orientation, massing, types and ratios of materials used, and the
maintenance requirements of the same.
The quality of development in the City shall be required to meet the standards of this bylaw
and any statutory and non-statutory plans deemed relevant by the Development Authority.
75.2
GENERAL REQUIREMENTS
(1)
All development in all land use districts shall be designed in accordance with the
adopted Municipal Development Plan, any other statutory or non-statutory plans
deemed relevant by the Development Authority, and this bylaw. Through this bylaw
and any statutory/non-statutory plan deemed relevant, the Development Authority
may determine specific development standards regarding design, orientation,
massing, scale, façade treatment, landscaping, and any other matter deemed
relevant to a proposed use;
(2)
The Development Authority shall have due regard for compatibility of and potential
undue and material impacts of proposed uses on adjacent land uses, public rights-
of-way, vehicular and non-vehicular traffic safety, and any other matter deemed
relevant; and
(3)
The exterior of buildings and structures and any other site improvements including
but not limited to hard and soft landscaping and pedestrian and vehicular rights-
of-way shall be maintained to the standard as shown on the plans approved by the
development authority.
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General Standards | 55
SECTION 76: SCREENING
76.1
APPLICABILITY
The requirements of this section shall be met in any instance that the Development
Authority deems it appropriate to require the screening of a part or all of a building or any
other structure or use on a lot from adjacent lots and/or public rights-of-way, including
instances where screening has not been noted as a potential requirement of the proposed
development in this bylaw. All requirements of this section are in addition to the screening
requirements of any other section of this bylaw.
76.2
GENERAL REQUIREMENTS
(1)
Acceptable methods of screening include fencing, solid walls, berms or vegetation,
or any combination thereof that meet the standards of this bylaw, or other types of
screening that may be proposed at the discretion of the Development Authority;
(2)
All types of screening shall:
(a)
ensure a minimum opacity of 90 percent;
Figure 76.2.1: an example of screening with approximately 90 percent opacity.
(b)
be maintained to the standard at which it was originally approved;
(3)
Vegetation used for the purposes of meeting screening requirements shall be:
(a)
of a draught-resistant variety;
(b)
of a species that does not lose foliage in the fall and winter months;
(c)
at a minimum of 75 percent the height required to meet the screening
requirements at the time of planting;
(4)
Chain link fencing shall not be permitted as screening unless opaque slats are
included in all of the chain link fencing intended for the purposes of screening.
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City of Brooks Land Use Bylaw No. 14/12
76.3
NON-RESIDENTIAL LAND USE DISTRICTS
(1)
All non-residential land use districts shall be required to screen the following, in
addition to screening requirements prescribed in other sections of this bylaw, if
they are not already out of the view of the public and/or adjacent lots:
(a)
garbage and recycling bins;
Figure 76.3.1: examples of bin and utility box screening as per 76.3(a)(b) of this
section.
(b)
mechanical and utility boxes;
(c)
air conditioning units mounted along unfenced side yards; and
(d)
any other structure as deemed necessary by the Development Authority;
(2)
Should a fence or solid wall be proposed for the purposes of meeting the screening
requirements and the height of the structure to be screened or the area to be
screened is of a size that the maximum fence or solid wall height of 2.0 m (6.56 ft)
is insufficient, the fence or solid wall shall be increased in height to a point where
the structure or area intended to be screened is sufficient.
SECTION 77: SITE DRAINAGE AND STORM WATER MANAGEMENT
77.1
APPLICABILITY
The Development Authority may require, in any instance deemed necessary, the
preparation and submittal of drainage and storm water management plans to ensure
development does not result in surface drainage adversely affecting adjacent lots or public
rights-of-way.
77.2
GENERAL REQUIREMENTS
The Development Authority may require the following as a condition of development
approval, at the sole cost of the developer:
(1)
The preparation of engineered grading, drainage, and/or comprehensive storm
water management plans;
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General Standards | 57
(2)
A legal land survey and any other documentation required to demonstrate
engineered grades and any other measures necessary to meet requirements
related to site drainage and storm water management have been met;
(3)
The implementation of any measures necessary to control surface drainage,
reduce or eliminate grade difference that may result in drainage problems for
adjacent lots, and to minimize erosion and slope instability; and
(4)
That final grades of the development and/or any other site works related to
drainage shall be approved by the Development Authority before the issuance of
a Development Permit;
77.3
LOW IMPACT DEVELOPMENT (LID)
LID measures are intended to reduce the quantity of storm water runoff and improve the
quality of runoff at its source. The Development Authority may require the following LID
measures as part of a development approval:
(1)
Green or living roofs;
(2)
Bioretention areas;
(3)
Porous pavement, paving grids, and vegetative paving blocks;
(4)
Water re-use;
(5)
Bioswales;
(6)
Tree box filters;
(7)
Low or no water use landscaping; and
(8)
Any other measure deemed appropriate by the Development Authority.
SECTION 78: STATUTORY AND NON-STATUTORY PLANS
78.1
APPLICABILITY
Where the policies, rules, procedures or standards indicated in a statutory plan varies,
supplements, reduces, replaces or qualifies the requirements of this bylaw, the plan shall
take precedence. At the discretion of the Development Authority, the preparation of and/or
adherence to the contents of a non-statutory plan may be required.
78.2
TYPES OF PLANS
(1)
Statutory plans, as indicated in 613(dd) of the Act, include an:
(a)
Intermunicipal Development Plan (IMDP);
(b)
Municipal Development Plan (MDP);
General Standards | 58
City of Brooks Land Use Bylaw No. 14/12
(c)
Area Structure Plan (ASP); and
(d)
Area Redevelopment Plan (ARP).
(2)
Non-statutory plans are developed in the context of the relevant statutory plans
and may consist of any other plan or planning document recognized and/or
required by the Development Authority, including but not limited to an:
(a)
Area Concept Plan (ACP);
(b)
Outline Plan (OP);
(c)
Conceptual Design Scheme; and
(d)
any other plan or planning document as determined by the Development
Authority.
78.3
PLAN REQUIREMENTS
Statutory and non-statutory plans shall, as a minimum, provide the information required
as per sub-section 5.2(2) of the Administration portion of this bylaw, including:
(1)
Proposed land use designation(s) and future use(s);
(2)
Consistency with applicable statutory plans OR rationale for why the proposal may
be inconsistent with applicable statutory plans;
(3)
Development potential/suitability of the site including identification of any
constraints and/or hazards to development;
(4)
Availability of infrastructure to service the site including adequate water, sewer,
and storm water capacities;
(5)
Potential impacts to public roads and options available to address any impacts that
would create issues relating to road capacities, levels of service and vehicular/non-
vehicular traffic safety;
(6)
Conceptual subdivision design, if applicable;
(7)
Geotechnical report prepared by an engineer demonstrating soil suitability if
deemed necessary by the Development Authority;
(8)
An evaluation of surface drainage which may include adjacent properties if
deemed necessary by the Development Authority;
(9)
Feedback regarding the proposed plan from existing adjacent and/or area
landowners through the use of public consultation techniques as determined by
the Development Authority on a case by case basis, including but not limited to the
mailing of plan details to adjacent and/or area landowners and the holding of open
houses and workshops; and
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(10)
Any other information deemed necessary by the Development Authority to properly
evaluate the application.
AREA STRUCTURE PLANS:
(11)
If the preparation of an ASP is required as per sub-section 5.2(3) of the
Administration portion of this bylaw, the developer shall prepare the plan in the
context of the MDP, this bylaw, and any other applicable statutory and/or non-
statutory plan, and shall ensure the plan meets the requirements of section 633 of
the Act by including information regarding the:
(a)
sequence of development proposed for the area;
(b)
land uses proposed for the area, either generally or with respect to specific
parts of the area;
(c)
density of population proposed for the area either generally or with respect
to specific parts of the area;
(d)
general location of major transportation routes and public utilities; and
(e)
may contain any other matters Council considers necessary including but
not limited to compatibility with surrounding uses and impact on the same.
(12)
The level of detail required for (23.3(11)(a-e) shall be determined by the
Development Authority and may take into account a variety of considerations
relating to the proposed development site, including the site(s):
(a)
physical size and location;
(b)
ability to be serviced;
(c)
adjacent land uses;
(d)
access to transportation rights-of-way;
(e)
scale and complexity; and
(f)
any other factors deemed relevant by the Development Authority.
NON-STATUTORY PLANS:
(13)
If the preparation of an ACP, OP, Conceptual Design Scheme or any other type of
non-statutory plan is required as per sub-section 5.2(3) of the Administration
portion of this bylaw, the developer shall prepare the plan in the context of the
MDP, this bylaw, and any other applicable statutory and/or non-statutory plan;
(14)
In addition to the minimum requirements of a statutory or non-statutory plan as
prescribed in 78.3(1-10), non-statutory plans should provide, if applicable, the
following information regarding the proposed development:
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City of Brooks Land Use Bylaw No. 14/12
(a)
design, orientation and massing of building(s);
(b)
proposed layout of lots, streets and blocks;
(c)
integration into surrounding development;
(d)
preservation of natural areas such as but not limited to waterbodies and
waterways;
(e)
any other matters deemed necessary by the Development Authority.
SECTION 79: VEHICLE-ORIENTED DEVELOPMENT
79.1
APPLICABILITY
Any use that directly incorporates vehicles into the operation of the building(s), including
but not limited to drive-through facilities for the purposes of serving food or any other
provision, vehicle washing facilities such as car and truck washes, fueling stations, oil
change facilities, or any combination of the above, shall be subject to the requirements of
this section.
79.2
GENERAL REQUIREMENTS
(1)
All vehicle-oriented uses shall be designed and developed to the satisfaction of the
Development Authority;
(2)
Vehicle-oriented uses should be located only where the operation and associated
traffic flows will not unduly or materially impact adjacent land uses and/or the
normal functioning of surrounding transportation rights-of-way;
(3)
Minimum queuing space shall be provided as follows:
(a)
restaurant:
30.5 m (100 ft) from order box to pick-up window
(b)
fuel station:
9.1 m (29.9 ft) from each end on pump island
(c)
bank machine:
22.9 m (75.1 ft) from bank machine window
(d)
vehicle wash:
15.2 m (49.9 ft) from wash bay entrance
(e)
vehicle services:
15.2 m (49.9 ft) from vehicle entrance
(drive-in bay)
(f)
other:
As determined by the Development Authority
(4)
The minimum queuing space requirements of 79.2(3) may be varied by the
Development Authority depending on the projected intensity of the proposed
development and associated traffic flows; and
(5)
A maximum of two vehicle access points to and from the site shall be permitted
and shall be sited to the satisfaction of the Development Authority.
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79.3
SITE AND BUILDING DESIGN
(1)
Required off-street parking and queuing lanes should be located at the side and
rear of the building;
(2)
Principal building entrances should be oriented to the street;
(3)
Vehicle access points to and from the site shall be located as far from street
intersections as possible;
(4)
Parking stalls and queuing lanes adjacent to other lots or public rights-of-way shall
be buffered by a strip of 2 m (6.56 ft) in width that is landscaped, fenced or has a
solid wall placed on it to buffer the vehicle-oriented use from adjacent uses;
(5)
Parking stalls shall be buffered from queuing lanes by a strip of 1 m (3.28 ft) in
width that is landscaped in accordance with this bylaw;
(6)
Site amenities such as but not limited to picnic benches, outdoor seating, garbage
receptacles, recycling containers and bicycle parking facilities shall be placed
along the side(s) of the building facing the street;
(7)
Pedestrian circulation shall be clearly demarcated in and across parking and
queuing areas through the use of paint, differentiation between paving materials
and textures, raised pavement, or any other means deemed appropriate by the
Development Authority;
(8)
In instances where the size, location or orientation of the lot results in the
placement of the queuing lane or off-street parking in the front yard of the site, a
strip of 3.0 m (9.84 ft) in width that is landscaped to meet the screening standards
of this bylaw shall be required; and
(9)
In instances where payment and/or pick-up windows are included in the use, the
side of the building on which any of the windows are located should not be oriented
to any exterior yard so as to face a street.
SECTION 80: PERSONAL CANNABIS CULTIVATION
80.1
APPLICABILITY
The requirements of this section apply to all Personal Cannabis Cultivation, as defined by
the Land Use Bylaw and are in addition to the Government of Alberta's requirements of
the Gaming, Liquor, and Cannabis Act and the Government of Canada's Cannabis Act.
80.2
GENERAL REQUIREMENTS
(1)
The act of Personal Cannabis Cultivation shall only be permitted in all residential
districts and is restricted in all other districts.
(2)
Through Federal regulations, adults are allowed to grow a maximum of four (4)
cannabis plants per household.
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City of Brooks Land Use Bylaw No. 14/12
(3)
All personal Cannabis plants are to be cultivated in the principal building as defined
in the Land Use Bylaw. Plants shall not be cultivated in accessory buildings.
SCHEDULE 4:
USE SPECIFIC STANDARDS OF DEVELOPMENT
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Use Specific Standards | 1
SCHEDULE 4: USE SPECIFIC STANDARDS OF DEVELOPMENT
SECTION 81: ADULT ENTERTAINMENT ESTABLISHMENTS
81.1
APPLICABILITY
This section applies to all adult entertainment establishments, whether such
establishments are the principal or subordinate use, as defined by this bylaw.
81.2
GENERAL REQUIREMENTS
(1)
An adult entertainment establishment including but not limited to an adult media
store, adult novelty store, or strip club shall be located on a site at least 150 m
(492.13 ft) from the nearest dwelling unit, arena, school, religious assembly, day
home, day care, community centre or park as measured from the boundaries of
sites containing such uses; and
(2)
All adult entertainment establishments shall provide translucent or opaque
coverings on all exterior windows for the entire width and to a height that negates
any of the adult materials or activities contained within the building to be seen by
passersby, to the satisfaction of the Development Authority.
SECTION 82: ALTERNATIVE ENERGY SOURCES
82.1
APPLICABILITY
The Development Authority is authorized to issue development approvals for alternative
energy sources such as, but not limited to, solar panels, heat exchange systems,
generators and turbines, provided that any additional approvals or standards required at
the municipal, provincial and/or federal levels are met or exceeded.
82.2
SOLAR COLLECTORS
A solar collector attached to a wall or roof of a building may be permitted in any land use
district as an accessory structure subject to the following:
(1)
A solar collector mounted on a roof:
(a)
may project a maximum of 1.3 m (4.3 ft) from the surface of the roof and
shall not exceed the maximum height requirements of the applicable land
use district;
(b)
shall not extend beyond the outermost edge of the roof;
(2)
A solar collector mounted to a wall:
(a)
shall be located such that it does not create undue glare on neighbouring
property or public roadways;
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City of Brooks Land Use Bylaw No. 14/12
(b)
shall be located a minimum of 2.3 m (7.5 ft) above grade;
(c)
may project a maximum of 1.5 m (4.9 ft) from the surface of the wall, when
the wall faces the rear property line, subject to the setback requirements of
the applicable land use district;
(d)
may project a maximum of 0.6 m (2 ft) from the surface of the wall when
the wall faces the front, secondary front or side property line, subject to the
setback requirements of the applicable land use district;
(3)
A free-standing solar collector or a solar collector mounted to any structure other
than a roof or wall of a building shall be classified as an accessory use and
processed subject to the applicable land use district and the following additional
standards:
(4)
A free-standing solar collector or a solar collector mounted to any structure other
than a roof or wall of a building:
(a)
shall be located such that it does not create undue glare on neighbouring
property or public roadways;
(b)
shall not exceed 1.8 m (5.9 ft) in height above existing grade.
82.3
SMALL WIND ENERGY SYSTEMS
(1)
The following definitions apply to this section:
(a)
blade means an element of a wind energy system rotor, which acts as a
single airfoil, thereby extracting kinetic
energy directly from the wind;
(b)
blade clearance means, in reference to a
horizontal axis rotor, the distance from grade
to the bottom of the rotor's arc;
(c)
rotor's arc means the largest circumferential
path travelled by a blade;
(d)
Small Wind Energy System (SWES) means a
wind energy conversion system consisting of
a wind turbine (rotor and blades), a tower,
and
associated
control
or
conversion
electronics, which has a rated capacity that
does not exceed the allowable rated capacity
of 3 kW and which will be used primarily to
reduce onsite consumption of utility power
and is CSA approved;
Figure 82.3.1: SWES diagram.
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Use Specific Standards | 3
(e)
total height means the height from grade to the highest vertical extension
of a SWES. In the case of a SWES with a horizontal axis rotor, total height
includes the distance from grade to the top of the tower, plus the distance
from the top of the tower to the highest point of the rotor's arc;
(f)
tower means the structure which supports the rotor above grade;
(2)
the following requirements shall apply to small wind energy conversion systems:
(a)
Small Wind Energy Systems shall require a development permit depending
on their location, as provided in the regulations for the land use districts in
which they are allowed:
(i)
Type A Small Wind Energy System: This use is defined as a Small
Wind Energy System that is either roof mounted or has a tower
which does not exceed 12.2 m (40 ft) in height;
(ii)
Type B Small Wind Energy System: This use is defined as a Small
Wind Energy System that has a tower which is greater than 12.2 m
(40 ft) in height but does not exceed 24.4 m (80.1 ft) in height;
(3)
Applications for Small Wind Energy Systems shall include the following information
where applicable:
(a)
all proposed Small Wind Energy Systems shall be commercially
manufactured and applications shall include the manufacturers make and
model number;
(b)
the manufacturer's specifications indicating the rated output in kilowatts,
safety features and sound characteristics, and the type of materials used
in the tower, blade and rotor construction;
(c)
potential for electromagnetic interference;
(d)
nature and function of over speed controls which are provided;
(e)
specifications on the foundations and/or anchor design, including location
and anchoring of any guide wires;
(f)
information demonstrating that the system will be used primarily to reduce
on-site consumption of electricity; and
(g)
location of existing buildings or improvements;
(4)
Prior to making a decision on a development application for a Small Wind Energy
System, the Municipal Subdivision and Development Authority may refer and
consider the input of the following agencies and departments:
(a)
Alberta Utilities Commission;
(b)
Transport Canada;
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City of Brooks Land Use Bylaw No. 14/12
(c)
NavCanada; and
(d)
any other federal or provincial agencies or departments deemed
necessary;
(5)
A Small Wind Energy System shall comply with all the setbacks that govern the
principal use in the district in which it is located;
(6)
No part of the wind system structure, including guy wire anchors, may extend
closer than 3.0 m (9.8 ft) to the property boundaries of the installation site;
(7)
there shall be a limit of one Small Wind Energy System per parcel;
(8)
The system's tower shall be set back a minimum distance equal to the height of
the tower from all parcel lines, and a minimum distance of 3.0 m (9.8 ft) from any
other structure on the parcel on which the system is located. On parcels 4.0 ha (10
acres) or more, the parcel line setback may be reduced if the applicant
demonstrates that:
(a)
because of topography, strict adherence to the setback requirement would
result in greater visibility of the system's tower than a reduced setback;
(b)
the system's tower is set back a minimum distance equal to the height of
the tower from any structure on adjoining parcels;
(9)
The system's tower shall not exceed a maximum height of 12.2 m (40 ft) on a
parcel of less than 0.4 ha (1 acre), a maximum of 19.8 m (65 ft) on a parcel of 0.4
ha (1 acre) to less than 2.0 ha (5 acres), and maximum height of 24.4 m (80.1 ft)
on a parcel 2.0 ha (5 acres) or more;
(10)
The system's tower shall be located and screened by landforms, natural vegetation
or other means to minimize visual impacts on neighbouring residences and public
roads, public trails and other public areas;
(11)
The system's tower and supporting structures shall be painted a single, neutral,
non-reflective, non-glossy (for example, earth-tones, grey, black) that, to the extent
possible, visually blends the system with the surrounding natural and built
environments;
(12)
The system shall be equipped with manual and automatic over speed controls.
The conformance of rotor and over speed control design and fabrication to good
engineering practices shall be certified by a licensed mechanical, structural or civil
engineer;
(13)
The system's tower-climbing apparatus and blade tips shall be no closer than
4.6 m (15.1 ft) from ground level unless the system is enclosed by a 1.8 m (5.9 ft)
high fence;
(14)
The system's utility lines shall be underground where economically practical;
(15)
The system shall be operated such that no electro-magnetic interference is
caused;
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Use Specific Standards | 5
(16)
The system's maximum power shall not exceed 3 kW;
(17)
The system shall be located in the rear or side yard;
(18)
Small wind turbines shall not exceed 60 dB(A), or in excess of 5 dB(A) above the
background noise at the property line, whichever is greater. The level, however,
may be exceeded during short-term events including utility outages and severe
windstorms;
(19)
Brand names or advertising associated with the system or the system's installation
shall not be visible from any public place; and
(20)
Upon abandonment or termination of the system's use, the entire facility, including
the system's tower, turbine, supporting structures and all equipment, shall be
removed and the site shall be restored to its pre-construction condition.
SECTION 83: BED AND BREAKFASTS
83.1
APPLICABILITY
The requirements of this section apply to all bed and breakfasts in the City and are in
addition to all other local and provincial requirements regarding the safe operation of bed
and breakfast facilities.
83.2
GENERAL REQUIREMENTS
Bed and Breakfast accommodations shall not interfere with the rights of other residents to
quiet enjoyment of a residential neighbourhood. Bed and Breakfast accommodation shall
be an incidental and subordinate use to the principal use and restricted to the dwelling
unit, and:
(1)
Advertising may only be permitted in compliance with Schedule 5: Signage
Standards;
(2)
Alterations to the principal building may be permitted but shall not change the
principal character or external appearance of the principal building;
(3)
An approved development permit will remain in effect, provided the intensity of use
does not increase and all requirements of the development permit have been
satisfied;
(4)
A development permit does not exempt compliance with health regulations or any
other provincial and municipal requirements;
(5)
Employees working in the business shall be limited to the residents of the dwelling
unit unless one additional parking stall per non-resident employee can be provided
on the lot where the bed and breakfast is situated;
(6)
The accommodation shall be limited to a maximum of two (2) guest rooms and a
maximum of four (4) guests in addition to the permanent residents;
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City of Brooks Land Use Bylaw No. 14/12
(7)
A development permit is based solely on the location of use. If a permit holder
relocates within the municipality, the person must apply for a development permit
to continue the use from the new location;
(8)
Guest rooms shall not be permitted to contain cooking or kitchen facilities;
(9)
Meals may be provided to registered guests only and meals for guests shall be
prepared in the common kitchen of the principal residence;
(10)
One off-street parking space is required for each guest room in addition to the off-
street parking requirements for the dwelling;
(11)
The applicant shall be responsible for compliance with the Alberta Health
Standards and Guidelines and the Alberta Building Code requirements for Bed and
Breakfast accommodations; and
(12)
The issuance of a development permit in no way exempts the applicant from
obtaining a business license from the City and any other Provincial approvals that
may be required;
SECTION 84: CHILD CARE FACILITIES
84.1
APPLICABILITY
The requirements of this section are provided in two (2) parts. The parts of this section are
categorized based on the Province of Alberta's Child Care Licensing Act, which
differentiates between the two (2) primary forms of child care facilities recognized in
Alberta that require additional regulation associated with this bylaw:
(1)
Day Homes;
defined in part as those facilities operating out of a residence that provide services
to care for no more than six (6) children between the ages of 0 and 12 at any one
time, for periods of time not to exceed 24 hours, not including those children who
reside in the home on a permanent basis, and that may be unlicensed but shall be
approved by the Province.
(2)
Day Cares;
defined in part as those facilities that provide services to care for seven (7) or more
children between the ages of 0 and 12 at any one time, for periods of time not to
exceed 24 hours, and that shall meet the licensing requirements of the Province.
84.2
DAY HOMES
Day homes shall not place any signage related to the operation of the day home on the
property or in the window of the residence where the day home is operation out of, other
than the signage provided by and related to the approval of the day home by the Province
of Alberta.
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84.3
DAY CARES
All day care facilities may be approved subject to the following conditions and
requirements:
(1)
If determined by the Designated Officer, the applicant for a day care may be
required to meet and consult with all adjacent land owners in the vicinity of where
the use is proposed;
(2)
In any residential district, no exterior alterations shall be undertaken to a dwelling
or former dwelling which would be inconsistent with the residential character of the
building or property;
(3)
All signage must comply with Schedule 5: Signage Standards;
(4)
Request for more than one sign or a sign greater than 0.74 m2 (8 ft2) requires a
separate development permit application;
(5)
The use shall not generate traffic problems within the district;
(6)
Requires a minimum of one (1) on-site parking space per employee at the use at
any given time;
(7)
Requires a minimum of one (1) on-site pick-up and drop-off space for every 10
children and the location of passenger loading zones for child care facilities may
be specified by a condition of a development permit; and
(8)
Must have screening for any outdoor play areas to the satisfaction of the
Development Authority;
(a)
all applications for child care facilities shall, as a condition of approval,
obtain the necessary approvals required from regulatory agencies.
SECTION 85: GROUP CARE FACILITIES
85.1
APPLICABILITY
The requirements of this section apply to all group care facilities including but not limited
to group care facilities that are limited to a maximum of five (5) persons other than the
required number of employees by virtue of the land use district in which the facilities may
be approved, and such group care facilities that may be permitted based on a higher
maximum occupancy again based on the land use district in which such facilities may be
approved.
85.2
GENERAL REQUIREMENTS
The applicant is required as part of the development permit application, to provide
information on the following:
(1)
The type of client served;
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City of Brooks Land Use Bylaw No. 14/12
(2)
The number of clients accommodated;
(3)
The number of staff employed; and
(4)
The submission of a plan that describes how communication with neighbours will
be carried out and how neighbourhood compatibility problems are to be resolved.
85.3
GROUP CARE FACILITIES (5 residents or fewer)
All group care facilities with no more than 5 residents that may be approved are subject to
the following conditions and requirements:
(1)
The applicant for a group care facility shall be required to meet and consult with all
adjacent land owners in the vicinity of where the use is proposed;
(2)
The total occupancy by clients and staff shall be specified for each development
by condition of a development permit. The total number of clients shall not exceed
more than two (2) per bedroom in a residential District;
(3)
The Development Authority may establish the maximum number of residents
allowed in a group care facility on a case specific basis with attention given to the
District in which the use is located and the type of facility seeking approval;
(4)
In any residential district, no exterior alterations shall be undertaken to a dwelling
or former dwelling which would be inconsistent with the residential character of the
building or property;
(5)
If the group care facility is operating within a single-detached dwelling, the dwelling
must be located on a street with a rear lane, and is not permitted to be located
within cul-de-sacs or lane-less streets;
(6)
The use of accessory buildings, structures or uses not associated with the principal
residential dwelling are not permitted on the property;
(7)
The site must allow for secure storage and pick up of garbage and recycling
material located away from public areas;
(8)
The use shall not generate traffic problems within the district;
(9)
Off-street parking is required with the provision of two (2) spaces per each dwelling
unit plus one (1) space per employee; and
(10)
Signage for group care facilities must comply with the following:
(a)
a maximum of one sign.
(b)
sign must be no greater than 0.74 m2 (8 ft2) in size.
(c)
sign must be located in the buildings window.
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(d)
all applications for group care facilities shall, as a condition of approval,
obtain the necessary approvals required from regulatory agencies and the
group care facility (group home for the purposes of provincial legislation)
shall comply with provincial standards.
85.4
GROUP CARE FACILITIES (more than 5 residents)
All group care facilities with more than 5 residents that may be approved are subject to
the following conditions and requirements:
(1)
The applicant is required as part of the development permit application, to provide
information as stipulated in sub-section 85.2 above;
(2)
The site must allow for secure storage and pick up of garbage and recycling
material located away from public areas;
(3)
The use shall not generate traffic problems within the district;
(4)
Off-street parking is required in accordance with Schedule 3, Section 72;
(5)
Signage for group care facilities shall be in accordance with Schedule 5; and
(6)
All applications for group care facilities shall, as a condition of approval, obtain the
necessary approvals required from regulatory agencies and the group care facility
(group home for the purposes of provincial legislation) shall comply with all
provincial standards.
SECTION 86: HOME OCCUPATIONS
86.1
APPLICABILITY
The requirements of this section are applicable to all home occupations, as defined by this
bylaw, with the exception of defined uses such as Bed and Breakfasts, Day Homes and
Group Care Facilities that serve a maximum of five (5) residents. Home occupations in the
City are categorized based on the level of measurable impact that each category of home
occupation may have on the dwelling, lot, adjacent properties and the street on which the
occupation may be located.
86.2
GENERAL REQUIREMENTS
Regardless of category, all home occupations shall meet the following requirements:
(1)
Except with the approval of the Development Authority, no person other than the
applicant shall be engaged in home occupations on the premises;
(2)
The applicant shall be a permanent resident of the dwelling;
(3)
No variation from the external appearance and residential character of land or
building shall be permitted;
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City of Brooks Land Use Bylaw No. 14/12
(4)
Home occupations shall be operated as a secondary or subordinate use to the
principal use of the lot with a residence or dwelling unit;
(5)
Home occupations shall not be permitted in any residential land use district if, in
the opinion of the Development Authority, the use would be more appropriately
located in a commercial or industrial land use district;
(6)
No use requiring electrical or mechanical equipment shall cause a fire rating
change in the structure or the district in which the home occupation is located;
(7)
Advertising may only be permitted in compliance with Schedule 5: Signage
Standards;
(8)
Home occupations shall not generate vehicular traffic or parking, in excess of that
which is characteristic of the district within which it is located;
(9)
Off-street parking shall be provided and utilized for all business vehicles
associated with a home occupation;
(10)
Traffic shall be controlled by and conform to the City's Traffic Bylaw (No. 14/01)
and any amendments thereto;
(11)
No offensive noise, vibration, smoke, dust, odours, heat or glare discernible
beyond the property lines shall be produced by the use;
(12)
The development permit shall be applicable only for the period of time the property
is occupied by the applicant. Any permit issued is non-transferable;
(13)
All permits issued for home occupations shall be subject to the condition that the
permit may be revoked at any time if, in the opinion of the Development Authority,
the use is or has become detrimental to the amenities of the neighbourhood;
(14)
A home occupation permit issued may be subject to review each year by the
Development Officer to determine if the home occupation is in compliance with the
Land Use Bylaw and any conditions placed on the approved permit;
(15)
A home occupation permit may be issued temporarily in accordance Section 3
(Development Permit Rules and Procedures) of Administration;
(16)
Home occupations shall not include:
(a)
activities that use or store hazardous materials;
(b)
any use that would, in the opinion of the Development Authority, materially
interfere with or affect the use, enjoyment or value of neighbouring
properties;
(c)
any use declared by resolution of Council to be undesirable as a home
occupation;
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(17)
The applicant shall be responsible for compliance with the Alberta Health
Standards and Guidelines and the Alberta Building Code requirements;
(18)
The issuance of development permit in no way exempts the applicant from
obtaining a business license from the City and any other Provincial approvals that
may be required; and
(19)
The total number of home occupations per dwelling unit shall be determined based
on the cumulative impact to the site, as determined by 86.4 of this section.
86.3
APPLICATION REQUIREMENTS
The following information shall be provided when applying for a home occupation:
(1)
Proof of ownership or residency;
(2)
Description of business;
(3)
Materials, equipment and/or vehicles to be used;
(4)
Number of resident and non-resident employees;
(5)
Number of business/client visits per day;
(6)
Number of parking spaces on the property;
(7)
Type of signage proposed;
(8)
Whether the sale of goods is proposed and if so, what volume per day;
(9)
If outdoor storage is proposed; and
(10)
Any other information the Development Authority may require to determine the
category of home occupation.
86.4
ASSESSMENT OF MEASURABLE IMPACT
The defining factor categorizing home occupations is measurable impact. The cumulative
impact of factors identified through the information provided in 86.3 of this section shall
form the basis by which the category of home occupation is determined, by the
Development Authority, as outlined in the following table:
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City of Brooks Land Use Bylaw No. 14/12
Impact Factor
Home Occupation Categories
1
2
3
Non-resident
employees
None
1
2
Commercial
vehicles
None
None
1
Commercial
trailers
None
None
1
Outdoor storage
None
None
Development
Authority's
discretion
Off-street Parking
stalls
None
Development
Authority's
discretion
3
Client visits
None
3 - 5 per day
5 + per day
Signage
None
1 window
1 window +
1 free-standing
On-site sales
None
Development
Authority's
discretion
Development
Authority's
discretion
Development
Permit
Not required
Required
Required
86.5
CATEGORY-SPECIFIC REQUIREMENTS
(1)
A Home Occupation shall meet all requirements of the category that it is
determined to fit within;
(2)
The off-street parking stalls required of category 2 and 3 Home Occupations may
be made up of those stalls required for the principal dwelling unit(s) on the lot, but
shall not be considered to meet the parking requirements of the Home Occupation
if any vehicles associated with the Home Occupation displace personal vehicles
associated with the dwelling unit(s) on the lot;
(3)
For a category 3 Home Occupation, a commercial vehicle and/or trailer associated
with the Home Occupation shall:
(a)
be parked off-street and in a location on the lot where the visual impact to
the street is minimized.
(b)
not be parked for any length of time in a laneway on on-street, except in
instances where loading of the vehicle or trailer requires this temporarily;
(4)
In accordance with Schedule 5 (Signage Standards), the signage associated with
a Home Occupation shall be:
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Use Specific Standards | 13
(a)
for Home Occupation 2 and 3, window signage, no larger than 0.37 m2
(4 ft2);
(b)
for any signage associated with a Home Occupation, made of a material
that is complementary to the principal dwelling;
(c)
not be directly illuminated in any way;
(5)
The sales of goods and/or services associated with the Home Occupation shall be
to the discretion of the Development Authority;
(6)
Outdoor storage associated with a Home Occupation 3 shall be screened in such
a way that the storage of associated materials is not visible outside of the lot, to
the Development Authority's satisfaction.
SECTION 87: INDUSTRIAL PERFORMANCE STANDARDS
87.1
APPLICABILITY
Any operation including production, processing, cleaning, testing, repairing, storage or
distribution of any material, regardless of the land use district of the lot(s) on which the
operation is undertaken, shall meet the standards of this section and all other applicable
sections of this bylaw.
87.2
GENERAL REQUIREMENTS
(1)
No noise may be emitted above levels allowed by applicable national and
provincial standards and/or local bylaws, audible beyond the boundary of the lot;
(2)
No process involving the use of solid fuel is permitted, except the use of waste
disposal incinerators of a design approved by the Development Authority;
(3)
No process involving the emission of dust, fly ash, or other particulate matter
outside of the boundaries of the lot on which the use is approved is permitted;
(4)
The emission of any odorous gas or other odorous matter is prohibited;
(5)
The emission of toxic gases or other toxic substances is prohibited;
(6)
No operation shall be carried out that would produce glare or heat discernible
beyond the property line of the lot concerned;
(7)
External storage of goods or materials is permitted if kept in a neat and orderly
manner, or suitably screened in accordance with Section 76 (Screening) of
Schedule 3 (General Standards of Development), to the satisfaction of the
Development Authority;
(8)
All buildings and improvements shall be constructed to applicable local, provincial
and national building requirements and City construction standards; and
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City of Brooks Land Use Bylaw No. 14/12
(9)
No waste shall be discharged into any sewer that does not conform to the
standards established by the City; the maximum quantity of which may be so
discharged shall be governed by the City.
SECTION 88: MANUFACTURED HOMES & MANUFACTURED HOME PARKS
88.1
APPLICABILITY
The placement and finishing of new and used manufactured homes and new
manufactured home parks shall meet the requirements of this and all other applicable
sections of the bylaw.
88.2
GENERAL REQUIREMENTS
(1)
The roofline of manufactured home dwellings shall be a minimum 3:12 pitch and
covered with wood, metal or asphalt shingles that are typical of those used in
residential construction;
(2)
Any addition to a manufactured home, such as but not limited to enclosed patios,
entrance porches, carports, storage areas, additional rooms, or any other roofed
addition, shall require a Development Permit and additionally shall:
(a)
be of a design and finish that incorporates the exterior of the addition into
the existing portion of the dwelling such that the addition is
indistinguishable other than from the shape or protrusion from the main
structure;
(b)
not create a situation where the dwelling encroaches into any of the yard
setbacks prescribed in the associated land use district, unless a variance
waiver has been granted by the Development Authority in accordance with
Part 4 (Development Permit Rules and Procedures) of Administration;
(3)
In accordance with the requirements of the associated land use districts,
manufactured homes shall be placed on a suitable foundation and shall be
required to meet the following additional standards:
(a)
the maximum height of the exposed portion of any type of foundation
should be no greater than 0.9 m (3 ft) above the finished grade;
(b)
any portion of an approved concrete or wooden block foundation shall be
skirted from the lowest point of the finished portion of the exterior of the
manufactured home to grade with materials of a color, texture and
appearance deemed suitable by the Development Authority; and
(c)
any portion of an approved continuous concrete foundation shall be parged
and painted with a colour deemed suitable by the Development Authority;
(4)
All manufactured homes and accessory structures shall have eaves and
downspouts, proper site grading and all surface drainage shall be contained on-
site and directed into approved municipal infrastructure; and
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Use Specific Standards | 15
(5)
The Development Authority may require a security deposit of a minimum of
$5000.00 to a maximum value of up to 50 percent of the assessed value of the
building to ensure that any conditions of the associated Development Permit are
met.
88.3
USED MANUFACTURED HOMES
(1)
Any used manufactured home, regardless of age, shall meet all requirements of
this section, including those requirements outlined in sub-section 88.2.
Additionally, used manufactured homes shall meet the following requirements:
(a)
used manufactured homes shall be in a state of good condition as
determined by the Development Authority, including the Development
Authority's consideration of the current state of all exterior elements of the
home including but not limited to siding, paint, trim, shingles, fascia, soffit,
windows, decks, porches, door handles, railings, and steps;
(b)
all exterior elements of the home include but not limited to those listed in
88.3(1)(a), shall show minimal or no signs of wear, such as but not limited
to the:
(i)
discoloration, cracking, peeling or damage to any painted surfaces;
(ii)
rusting, bending or breaking of any metal portion of the home's
exterior;
(iii)
discoloration, hazing, cracking or breaking of any windows;
(iv)
missing or lifted shingles, or any other damage to the roof;
(v)
shifting, stress or any other damage to decks, porches, steps or any
other exterior element of the home;
(vi)
any other form of wear on any other element of the exterior of the
home, to the discretion of the Development Authority;
(2)
Any application for a Development Permit to locate a used manufactured home
shall include recent colour photographs of all elevations, including additions and
shall show Canadian Standards Association and Alberta building Standards Label
Numbers. A Safety Codes Officer must inspect all proposed dwellings built
20 years prior to the date when a Development Permit Application is submitted for
a used manufactured home, at the developer's/applicant's expense, and provide a
report as part of the Development Permit Application.
88.4
MANUFACTURED HOME PARKS
Prior to the issuance of a Development Permit for a manufactured home park, the
Development Authority shall receive and adopt by resolution a comprehensive plan for the
park. A comprehensive plan shall be in accordance with, but not necessarily limited to,
the following:
(1)
The comprehensive plan shall incorporate detailed aesthetic considerations such
as:
(a)
substantial landscaping design of the entire park in general, and of
individual sites in particular;
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City of Brooks Land Use Bylaw No. 14/12
(b)
treatment of communal areas, both indoor and outdoor;
(c)
consistent character and detailing for street furniture such as lamp
standards, litter bins, benches, street signs, and accessories of this nature;
(2)
The park design and subsequent placement of Manufactured Home on lots shall
integrate well with adjoining residential development so as not to be obtrusive;
(3)
The design of the park shall be such that the net site density of the park does not
exceed 20 units per hectare (8 units per acre);
(4)
A minimum of 10 percent of the manufactured home park area may be required to
be developed for the use and enjoyment of the inhabitants, at the discretion of the
Development Authority;
(5)
Servicing Requirements
(a)
a qualified engineer shall be engaged at the expense of the developer to
consult with the City and utility companies to arrive at a design for all interior
servicing, including roads, drainage, grading, sewer, water, natural gas,
telephone, electrical and fire protection;
(b)
all on-site servicing shall be built to the standards and requirements of the
City of Brooks, any applicable utility companies, and the City of Brooks Fire
Department;
(c)
utility easements as required shall be provided within the site, and
reasonable access to these easements shall be granted to the City's Public
Works Department and utility companies for the installation and
maintenance of services as required;
(6)
Internal Roads
(a)
roads shall be provided in the manufactured home park to allow access to
individual lots within the park and to other facilities where access is
required;
(b)
these roads shall be privately owned and maintained and form part of the
common area;
(c)
the street system shall be designed to be compatible with existing
municipal street and public utility systems;
(d)
the street system shall provide convenient circulation by the use of local
roads and properly located collector roads within the manufactured home
park. Dead-end roads shall be discouraged; however, where design
alternatives are not available, a minimum 16.5 m (54.1 ft.) radius shall be
provided for vehicle turn-around purposes. At the time of comprehensive
plan submission the minimum radius may be modified based on municipal
needs and standards;
(e)
all roads in the manufactured home park shall be paved;
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Use Specific Standards | 17
(f)
a minimum right-of-way of 12.19 m (40 ft.) is required for all roads within
the manufactured home park;
(7)
Additions to Manufactured Homes
(a)
any addition to a manufactured home in a manufactured home park shall
be of a design and finish that will complement the manufactured dwelling
unit and the neighbouring units in the vicinity, as determined by the
Development Authority;
(b)
additions shall be located to the rear or side of the manufactured home
only. Where any lot has more than one front yard line, the front yard
requirements shall apply to one yard only and additions may be permitted
in the other front yard;
(c)
additions shall not exceed 30 percent of the floor area of a manufactured
home;
(8)
Storage Compound
(a)
the developer of the manufactured home park shall provide, within the park,
an area to accommodate the storage of recreational vehicles as defined in
this bylaw;
(b)
the size of this storage compound shall be a percentage of the total site
area as determined by the Development Authority;
(c)
the storage compound shall be screened by fences, trees, landscape
features, or a combination thereof, to the satisfaction of the Development
Authority, and shall be maintained in good repair;
(9) Landscaping Standards
The developer shall provide a landscaping plan detailing the location, number and
type of trees and other vegetation that shall be planted within the manufactured
home park. The landscaping plan should provide a park-like atmosphere and must
be completed to the satisfaction of the Development Authority;
(10) Recreation and Open Space
A minimum of 10 percent of the total area of the manufactured home park may be
required to be designated to open space in order to accommodate recreational
activities, at the discretion of the Development Authority. The open space shall
include:
(a)
a playground for younger children; and
(b)
benches and a walkway for passive recreation;
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City of Brooks Land Use Bylaw No. 14/12
(11)
Siting requirements
(a)
manufactured home parks should be located such that the internal road
system is directly connected to arterial or collector roads where possible;
(b)
should direct connection to arterial or collector roads not be possible, the
developer shall be required to provide suitable connections to such
roadways to the satisfaction of the Development Authority;
(12)
Drawings to be submitted by Applicants
(a)
Site Plan
(i)
a scaled site plan shall be submitted showing the manufactured
home park and its immediate surroundings; and
(ii)
the site plan shall indicate, among other things, the mix of single-
wide and double-wide Manufactured Home lots, the lot size
dimensions, street and pavement widths, parking stalls, location of
service buildings, storage compound, playground and walkway
system;
(b)
Utility Plan
(i)
the utility plan shall be based on the site plan;
(ii)
the utility plan shall indicate the location of all utilities necessary for
the provision of the following services to the area to be developed
including but not limited to water supply, sanitary sewer, storm
sewer, power, natural gas, telephone, cable, internet and street
lighting;
(iii)
the sizing and specifications of all utilities to be determined in
consultation with the City's Public Works Department and the
respective utility companies or agencies; and
(iv)
an engineered storm water management plan shall be provided to
the satisfaction of the Development Authority;
(c)
Layout Plan Showing Typical Manufactured Home Lots
(i)
the layout plan shall indicate typical arrangement of Manufactured
Home; and
(ii)
the layout plan shall also indicate parking areas and landscaping of
the lot.
(d)
Landscaping Plan
A detailed landscaping plan shall illustrate the types of tree planting and
ground occupy for internal buffer strips, open space and playground areas,
irrigation layout, all Manufactured Home lots, and entrances to the park;
City of Brooks Land Use Bylaw No. 14/12
Use Specific Standards | 19
(13)
Garbage Enclosures
If not using City services for garbage collection, garbage enclosures shall be
properly screened to the satisfaction of the Development Authority. Common
garbage receptacle areas, if provided in the comprehensive plan, must be suitably
and effectively screened to the satisfaction of the Development Authority; and
(14)
Park Maintenance/Storage Uses
The design of the park shall include an area or accessory building for the use of
park maintenance and storage uses to be constructed for the care and
maintenance of the park.
SECTION 89: CANNABIS PRODUCTION FACILITIES
89.1
APPLICABILITY
The requirements of this section apply to any and all Cannabis Production Facilities, as
defined by the Land Use Bylaw and are in addition to the federal regulations required by
the Government of Canada's Access to Cannabis for Medical Purposes Regulations
(ACMPR) and all requirements in the Government of Canada's Cannabis Act.
89.2
GENERAL REQUIREMENTS
(1)
A license for all activities associated with Cannabis production as issued by Health
Canada shall be provided to the Development Authority prior to occupancy as a
condition of development approval.
(2)
All of the processes and functions associated with a Cannabis Production Facility
shall be fully enclosed within a stand-alone building.
(3)
A Cannabis Production Facility shall not operate in conjunction with another
approved Use.
(4)
A Cannabis Production Facility shall not include an outdoor area for storage of
goods, materials or supplies.
(5)
All loading stalls and docks shall be inside a building.
(6)
Cannabis Production Facility is a Discretionary Use within the Industrial General
(I-G) and Industrial Heavy (I-H) Land Use Districts.
(7)
An ancillary building or structure used for security purposes may be located on the
parcel containing a Cannabis Production Facility.
(8)
Equipment that is designed and intended to remove odours from the air where it is
discharged from the building as part of a ventilation system shall be provided and
operate at any time a Cannabis Production Facility is in operation.
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City of Brooks Land Use Bylaw No. 14/12
(9)
Garbage containers and waste material shall be contained within the building
containing a Cannabis Production Facility.
(10)
A Cannabis Production Facility shall not be located on a parcel of land that is
adjacent to another parcel of land that is regulated by another Land Use District,
unless that other parcel of land is in an Industrial Land Use District or Direct Control
Land Use District.
(11)
The Development Authority may require, as a condition of a Development Permit
for a Cannabis Production Facility, a Public Utility and Waste Management Plan,
completed by a qualified professional, that includes details on:
(a)
the incineration of waste products and airborne emissions including smell;
(b)
the quantity and characteristics of liquid and waste material discharged by
the facility; and
(c)
the method and location of collection and disposal of liquid and waste
material.
SECTION 90: MODULAR HOMES
90.1
APPLICABILITY
The requirements of this section apply to all modular homes including ready-to-move and
panelized homes in addition to modular homes, excepting out the requirement of modular
homes to meet CSA standards, and ready-to-move and panelized homes to meet the
current Alberta Building Code.
90.2
GENERAL REQUIREMENTS
(1)
The Designated Officer shall issue a development permit for a modular home
provided that:
(a)
the unit is CSA certified for modular homes and shall meet all safety code
requirements, and only safety code requirements for ready-to-move and
panelized dwellings;
(b)
the dwelling is securely fastened and must be placed on a permanent
foundation;
(c)
the minimum roof pitch shall not be less than a 4/12 pitch;
(d)
the minimum floor area of the dwelling shall not be less than 79.9 m2
(860 ft2);
(e)
the dwelling shall be a minimum 7.3 m (24 ft) in width;
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Use Specific Standards | 21
(f)
the design, character, and appearance (including roof lines/material and
exterior finish) of a Modular Home shall be consistent with the purpose of
the district in which the building is located and shall take into account any
other buildings existing in the vicinity;
(g)
to ensure compatibility of housing types, the variation of roof lines between
modular homes and conventional homes may be limited at the discretion
of the Development Authority;
(h)
at the discretion of the Development Authority, the exterior finish, colour
and roofing material may be stipulated as a condition of approval; and
(i)
the dwelling shall conform to any architectural controls that may apply;
(2)
As a condition of approval the Designated Officer at their discretion, may place
other conditions on a development permit, including the requirement that the
developer provide landscaping, fencing, address drainage issues, or other such
matters they consider necessary if, in their opinion, the conditions would serve to
improve the quality or compatibility of a proposed development;
(3)
The dwelling and the land upon which it is to be located shall be subject to all
conditions and regulations specified for the particular land use district set out in the
Land Use Bylaw;
(4)
The applicant/developer shall submit professional building plans illustrating the
exterior design, floor plan, elevations and setbacks;
(5)
The quality of the completed dwelling shall be at least equal to the quality of the
other dwellings in the area; and
(6)
The Development Authority may require a security deposit of a minimum of
$5000.00 to a maximum value of up to 50 percent of the assessed value of the
building to ensure that any conditions of the associated Development Permit are
met.
SECTION 91: MULTI-UNIT RESIDENTIAL DEVELOPMENT
91.1
APPLICABILITY
The requirements of this section apply to all multiple unit residential development, Multi-
unit Dwellings and Attached Housing, excluding single unit dwelling types, Attached
Housing (2 unit), Duplex, and mixed-use development containing dwelling units, and are
in addition to all other applicable sections of this bylaw, including but not limited to Section
59 (Design Standards) of Schedule 3 (General Standards of Development).
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City of Brooks Land Use Bylaw No. 14/12
91.2
GENERAL REQUIREMENTS
In addition to all other requirements of this bylaw, all applications for multi-unit residential
developments shall provide the following:
(1)
Design plans including:
(a)
elevations of all sides of the proposed residential building;
(b)
the location, orientation and massing of all buildings and structures on the
lot;
(c)
the location and total number of parking stalls and points of access
proposed to provide vehicular access to the lot;
(d)
the location, orientation and details of garbage storage areas including the
screening proposed for such areas;
(e)
stages of development, if applicable;
(f)
landscaping proposed for the lot;
(g)
any other element of the proposed development to the discretion of the
Development Authority;
(2)
The design, orientation and massing of the building in which the dwelling units are
located shall:
(a)
not make use of the duplication of façade treatment along any one side of
the building facing the street or streets if located on a corner lot, without
articulating and differentiating between dwelling units on the same side of
the building through the use of techniques such as but not limited to partial
offsetting of the façade, complementary color variations and the mixing of
exterior building materials, varying roof lines, and landscaping at the base
of the building;
(b)
take into consideration the setbacks and maximum heights of buildings on
adjacent lots, or setback requirements of the land use district associated
with adjacent lots;
(c)
if located adjacent to or on the same street as residential dwellings of a
lower density, such as single-detached and duplex dwellings, blend in with
the lower density residential dwellings, to the satisfaction of the
Development Authority;
City of Brooks Land Use Bylaw No. 14/12
Use Specific Standards | 23
Figure 91.2.1: an example of multi-unit (right) blending in with single unit (left)
development.
(3)
The principal entry for each dwelling unit, with the exception of condominiums and
apartments shall be separate and directly accessible from ground level, including
through the use of steps in the case of dwelling units with basements;
(4)
For multi-unit buildings any side yard setback requirements in any land use district
do not apply to internal units.
91.3
DENSITY
The number of units in a multi-unit residential development shall not be prescribed but
instead be based on:
(1)
The requirements contained in this bylaw, including but not limited to the
measurable standards of maximum permitted site coverage, building height,
minimum unit sizes, parking, loading and access requirements, and the Floor Area
Ratio as outlined in the land use districts that list a Multi-unit Dwelling, Multiple Unit
Residential Development or Attached Housing as permitted or discretionary uses;
(2)
Notwithstanding 91.3(1) of this section, the Development Authority may reduce the
maximum density of units that may be permitted within a development as
determined by 91.3(1), based on consideration of the:
(a)
density of existing development on the street;
(b)
adequacy and proximity of community facilities such as schools, shopping
and recreational facilities including but not limited to parks and open space,
and other community facilities as deemed appropriate by the Development
Authority;
(c)
adequacy of utilities to accommodate the proposed development;
(d)
impacts of future land use on the transportation infrastructure; and
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City of Brooks Land Use Bylaw No. 14/12
(e)
any other matters deemed appropriate by the Development Authority.
91.4
AMENITY SPACE
Amenity space may be categorized as private, common (accessible to all dwelling units in
the development) and public, on-site and off-site and can be indoors, partly or entirely
outdoors, or any combination thereof depending on the development.
(1)
Private amenity space development for multi-unit residential development shall be:
(a)
provided for each dwelling unit in the form of a yard, patio, balcony or
rooftop space;
(b)
a minimum of 4.6 m2 (49.5 ft2) for patios and balconies and additionally the
minimum depth from the point of access shall be 1.5 m (4.9 ft);
(c)
only be accessible through the dwelling unit to which they are a part of; and
(d)
for rooftop space, dedicated only to dwelling units directly below it and
accessible through the use of common access points such as hallways and
stairwells;
(2)
Common amenity space shall be:
(a)
to the discretion of the Development Authority for developments with ten or
fewer dwelling units;
(b)
required for developments with more than ten dwelling units other than
Attached Housing;
(c)
provided for in the form of indoor and/or outdoor space;
(d)
in the case of indoor space, consist of a minimum area of 37.2 m2 (400 ft2)
contained within the same building as the mixed-use development;
(e)
in the case of partially or fully outdoor space, make up a minimum of 25
percent of the total site area and fully contained within the mixed-use
development lot or site;
(f)
accessible to all dwelling units within a mixed-use development;
(g)
made up of any of the following indoor spaces:
(i)
common rooms for the purposes of group entertainment;
(ii)
fitness facilities such as but not limited to swimming pools, saunas,
steam rooms and fitness rooms;
(h)
made up of any of the following outdoor spaces:
(i)
communal patios, balconies or rooftop spaces;
(ii)
landscaped yards and/or gardens;
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Use Specific Standards | 25
(3)
Public amenity space shall be:
(a)
contained off-site from the multi-unit residential development but may be
adjacent to the lot or site of the multi-unit residential development;
(b)
considered in lieu of private amenity space in instances where the provision
of adequate indoor and/or outdoor amenity space is demonstrated by the
developer to not be achievable on-site;
(c)
developed at the expense of the developer should 91.4(3)(b) apply;
(d)
a minimum of 25 percent of the total area of the mixed-use development
site;
(e)
a maximum of 150 m (492.1 ft) from the mixed-use development;
(f)
made up of any combination of indoor/outdoor space including but not
limited to passive and active recreational space that may contain
landscaped areas, walking and cycling trails, sports fields and facilities; and
(g)
fully accessible to the public.
91.5
MULTIPLE BUILDINGS ON THE SAME LOT
The location of multi-unit residential development consisting of more than one building on
a single lot, in addition to all other requirements of this bylaw, shall provide the following
minimum separation distances between such buildings oriented to face one another:
(1)
10 m (32.8 ft) for exterior windows of common living areas of dwelling units such
as but not limited to living and dining rooms and kitchens;
(2)
6 m (19.7 ft) for habitable rooms other than those described in 91.5(1) of this
section, such as but not limited to bedrooms and home offices; and
(3)
3 m (9.8 ft) for non-habitable rooms such as entryways, bathrooms and areas of
the exterior of a development with blank walls.
91.6
PARKING AND LOADING
(1)
Off-street parking shall be located in the rear and/or side yard and shall be
screened from public rights-of-way and adjacent lots by landscaping and/or
fencing;
(2)
Access for off-street parking shall be permitted one point of access from the street
if there is no laneway and may only be permitted from the laneway if there is a
laneway, to the discretion of the Development Authority;
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City of Brooks Land Use Bylaw No. 14/12
(3)
Notwithstanding 91.6(1) and (2) of this section, parking for Attached Housing may,
at the discretion of the Development Authority, be located in the front yard in the
form of driveways and or attached garages oriented to the front of the dwelling unit.
91.7 LANDSCAPING
In addition to Section 66 of Schedule 3 (General Standards of Development), multi-unit
residential development shall meet the following landscaping requirements:
(1)
Twenty five (25) percent of the total lot area shall be provided as landscaped area,
the majority of which shall be focused along yards adjacent to public right-of-way
other than laneways, and accompanied by an approved landscaping plan, to the
discretion of the Development Authority, excepting out residential development
that makes use of zero setback allowances if provided for in the associated land
use district;
(2)
Trees and shrubs shall be planted and should be clustered or grouped within a
front and/or side/flankage yard to serve as a focal point for the landscape treatment
and to blend in with landscaping that may be present on adjacent lots. The
developer is encouraged to provide trees in a ratio of one tree per 35 square
metres of total landscaped area provided on a lot;
(3)
Landscaping of main building accesses shall include soft materials other than
grasses, including but not limited to shrubs and trees, and hard materials that
together highlight the access; and
(4)
On corner lots, in addition to the landscaping required in the front yard as identified
in (2) above, the developer shall be responsible for landscaping the municipal
boulevard, if present, from the back of curb to the front and/or flankage property
line.
SECTION 92: LIQUOR STORES
92.1
APPLICABILITY
The requirements of this section apply to all liquor stores including those proposed to
locate as satellite to principle uses on a site such as may be the case with grocery stores
that have liquor stores of the same company name located within the parking lot of the
grocery store, and those liquor stores that may be proposed on the ground level of vertical
mixed-use developments.
92.2
GENERAL REQUIREMENTS
(1)
The development of liquor stores shall be in accordance with the Alberta Gaming
& Liquor Act as well as any other applicable regulation;
(2)
A liquor store shall be located on a site at least 150 m from the nearest dwelling
unit, arena, school, religious assembly, day home, day care, community centre or
park as measured from the boundaries of sites containing such uses;
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(3)
Where a proposed liquor store is within 150 m radial distance of an existing liquor
store, any cumulative impacts of the facilities on existing development within the
area shall be considered in evaluating the application;
(4)
The Development Authority may, as part of the development permit, require design
elements that promote 'natural surveillance' of the site and store, such as but not
limited to Crime Prevention Through Environmental Design (CPTED) criteria by
ensuring:
(a)
the façade of the store shall have a minimum of sixty 60 percent transparent
surface including windows and doors;
(b)
exterior lighting should minimize shadows and glare by providing lighting
that does not exceed the lumens required to adequately illuminate the site
and shall meet all requirements of Section 70 (Outdoor Lighting) of
Schedule 3 (General Standards of Development);
(c)
any landscaping around the facilities be low-growing shrubs or deciduous
trees with a high canopy at maturity and that all foliage be kept trimmed
back to prevent loss of natural surveillance;
(d)
all customer parking stalls shall be visible from the façade of the store and
illuminated in accordance with 4(c) and all other applicable parts of this
bylaw; and
(e)
customer access shall be limited to areas that are highly visible from the
street, parking lot or from a point of access that serves multiple commercial
uses such as but not limited to a shopping mall.
92.3
MIXED-USE DEVELOPMENT
Notwithstanding the requirements of this section, should a liquor store be proposed on the
ground level of a vertical mixed-use development, the following shall be taken into
consideration:
(1)
The proposed location of the store shall meet all requirements of this section for
all residences other than those located on any floors above the ground level of the
vertical mixed-use development within which the store is proposed;
(2)
The customer access to the liquor store shall be located as far as possible from
points of access to dwelling units on any floor above the ground level, including
those points of access shared between residential and non-residential uses within
the same vertical mixed-use development; and
(3)
Liquor stores shall not be permitted within horizontal mixed-use developments.
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City of Brooks Land Use Bylaw No. 14/12
SECTION 93: SECONDARY SUITES
93.1
APPLICABILITY
The requirements of this section, with the exception of the general requirements, which
apply to all secondary suites, are categorized based on the context of the suites and how
they may be incorporated into a principal dwelling, detached garage, or as stand-alone
garden suites in rear yards.
93.2
GENERAL REQUIREMENTS
All secondary suites shall meet the following requirements:
(1)
Only one secondary suite may be developed per lot;
(2)
Should all residential dwelling units on a lot be rented, including but not limited to
the main floor and, if applicable, second storey of a principal dwelling where there
is a basement suite, a suite above an attached garage, a suite that is part of a
detached garage, or a garden suite, the owner shall be required to obtain a
business license;
(3)
A secondary suite shall provide one off-street parking space per bedroom and no
variances or waivers to this requirement shall be granted;
(4)
All required off-street parking shall be designed and developed to the standards
set out in Section 72 (Parking and Loading) of Schedule 3 (General Standards of
Development);
(5)
Development of a new secondary suite shall meet all requirements of the Alberta
Building Code and Alberta Fire Code as a condition of approval;
(6)
A secondary suite shall not be separated from the principal dwelling or any part of
the lot on which the principal dwelling is located through a condominium
conversion or subdivision;
(7)
A secondary suite shall not be permitted in a Duplex, Cluster Housing,
Manufactured Home, Attached Housing (unsubdivided), Multiple Unit Residential
Development, or any multi-unit dwelling;
(8)
Notwithstanding 14.2(11), the maximum number of bedrooms in a secondary suite
shall be three (3), or however many can be reasonably accommodated while
meeting all other requirements of this bylaw, whichever is the lesser of the two
options;
(9)
The maximum number of bedrooms in a secondary suite in the Residential Small
Lot (R-SL) land use district shall be one (1);
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(10)
A secondary suite includes, but is not limited, to a facility containing cooking
facilities, food preparation area, sleeping and sanitary facilities, which is physically
separate from those of the principal dwelling within the structure or on the lot, and
that has an entrance separate from the entrance to the principal dwelling, either
from a common indoor landing or directly from the side or rear of the structure;
(11)
The Development Authority, as a condition of approval, may request proof that the
utility services to the principal dwelling are capable of carrying the additional load
of the proposed secondary suite;
(12)
A secondary suite shall not be developed on the same lot as a home occupation 2
or 3 (see Section 86 of this Schedule), unless it can be proven to the Development
Authority that the impact resulting from the home occupation is limited, adequate
parking is provided and the amenities of the neighbourhood are not negatively
affected; and
(13)
The minimum floor area of a secondary suite shall be 30 m2 (322.9 ft2).
93.3
EXISTING SECONDARY SUITES
Existing secondary suites include any suite that existed prior to the passing of this bylaw.
In addition to the requirements of this section, excepting thereout the building code
requirement of 93.2(6) if it can be proven that the suite was developed prior to
December 31, 2006, existing secondary suites shall meet the following requirements:
(1)
An existing secondary suite developed after December 31, 2006, shall comply with
all Alberta Building Code and Alberta Fire Code requirements, including separate
heating and ventilation systems for the principal dwelling unit and secondary suite,
as a condition of approval;
(2)
An existing secondary suite shall meet all other requirements of this section and
any other applicable section of this bylaw; and
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City of Brooks Land Use Bylaw No. 14/12
93.4
BASEMENT SUITES
Basement suites are located below grade, in the basement of a Single-Detached Dwelling,
Moved-in Dwelling, Modular Home, or Attached Housing. In addition to the requirements
of 93.2 of this section, the following requirements apply to basement suites:
(1)
The maximum floor area of a basement suite shall not exceed the floor area of any
one storey of the dwelling above grade;
(2)
A basement suite shall be developed in such a way that the exterior of the principal
dwelling shall appear as a Single-Detached Dwelling, Moved-in Dwelling, Modular
Home, or Attached Housing; and
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(3)
A basement suite shall have an entrance separate from the entrance of the
principal dwelling, either from a common indoor landing, or from the exterior of the
principal dwelling; and
(4)
Should the entrance be directly from the exterior of the dwelling, it shall be on the
side or rear of the structure for a Single-Detached Dwelling, Moved-in Dwelling,
Modular Home, and may be development on the front, side, or rear for an Attached
Housing development.
93.5
GARAGE SUITES
Garage suites may include a secondary suite within the same structure as the garage,
located above or beside the garage, herein referred to as above grade and at grade
respectively. In addition to the requirements of 93.2 of this section, at or above grade
garage suites shall meet the following requirements:
(1)
The maximum height to roof peak of the garage shall be 6.5 m (21.3 ft) or the
height of the principal dwelling's roof peak, whichever is the lesser of the two;
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City of Brooks Land Use Bylaw No. 14/12
(2)
In no instance shall the roof peak of a garage suite be higher than the roof peak of
the principal dwelling;
(3)
The roof slope of the garage should be the same as or similar to the roof slope of
the principal dwelling, to the discretion of the Development Authority;
(4)
An entrance separate from the entrance to the garage, either from a common
indoor landing or from the exterior of the structure, shall be provided;
(5)
At or above grade garage suites that are a part of a detached garage shall only be
permitted on lots with laneways;
(6)
An at or above grade garage suite shall not be developed on a lot until a principal
dwelling has been erected on the same lot;
(7)
The maximum floor area of the suite shall not exceed the floor area of the garage,
not including shared mechanical rooms and common areas;
(8)
The minimum setback from the principal dwelling shall be 3 m (9.84 ft);
(9)
The minimum side yard setback shall be 1.2 m (3.9 ft); and
(10)
The portion of the garage structure intended for use as a garage shall not be
permitted to be used as additional living space.
93.6
GARDEN SUITES
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Garden suites are detached completely from the principal dwelling and are standalone
structures constructed at grade. In addition to the requirements of 93.2 of this section,
garden suites shall meet the following requirements:
(1)
The maximum height to roof peak shall be 4.5 m (14.8 ft);
(2)
A garden suite shall only be permitted on lots with laneways;
(3)
A garden suite shall not be developed on a lot until a principal dwelling has been
erected on the same lot;
(4)
The maximum floor area of a garden suite shall be 74.32 m2 (800 ft2);
(5)
The minimum setback from the principal dwelling shall be 3 m (9.84 ft);
(6)
The minimum side yard setback shall be 1.2 m (3.9 ft); and
(7)
The exterior finish of a garden suite, including but not limited to materials, textures,
and colours, shall match or compliment the exterior finish of the principal dwelling,
to the satisfaction of the Development Authority.
SECTION 94: BREWERIES, WINERIES AND DISTILLERIES
94.1
GENERAL REQUIREMENTS
Breweries, Wineries and Distilleries shall comply with the following regulations:
(1)
Breweries, Wineries and Distilleries shall not generate odour, dust, waste or
delivery traffic in excess of that which is characteristic of the District in which it is
located;
(2)
There shall be no unenclosed outdoor storage of material or equipment associated
with the business.
SECTION 95: CANNABIS STORES
95.1
APPLICABILITY
The requirements of this section apply to all Retail Cannabis Stores, as defined by the
Land Use Bylaw and are in addition to the Government of Alberta's requirements of the
Gaming, Liquor, and Cannabis Act.
95.2
GENERAL REQUIREMENTS
(1)
The development of Retail Cannabis Stores shall be in accordance with the
Gaming, Liquor, and Cannabis Act as well as any other applicable regulation.
(2)
A copy of the Retail Cannabis License issued by the Alberta Gaming and Liquor
Commission shall be provided to the City prior to occupancy as a condition of
Development Permit approval.
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City of Brooks Land Use Bylaw No. 14/12
(3)
The maximum operating hours will be 10:00 a.m. to 10:00 p.m. daily.
(4)
Advertising inside the premises shall not be visible from the outside.
(5)
Only permanent signage shall be permitted and copy shall be restricted to the
business name.
(6)
Retail Cannabis Stores will be restricted in the use of portable signs.
(7)
The premises must operate separately from other businesses, including providing
a separate Loading Space when one is required.
(8)
The public entrance and exit to the Use must be direct to the outdoors.
(9)
Goods shall not be visible from outside the business premises.
(10)
A Retail Cannabis Store shall have no other Use.
(11)
Retail Cannabis Stores shall only be allowed within the Commercial Central (C-C),
Commercial General (C-G), and Industrial Light (I-L) Land Use Districts.
(12)
In all districts a Retail Cannabis Store must not be located within a 100 m area that
contains any of the following Uses or structures, when measured from the closest
point of a Retail Cannabis Stores parcel of land to any of the following:
(a)
the boundary of the parcel of land on which a Provincial Health Care
Facility, as defined in this Bylaw is located;
(b)
the boundary of the parcel of land containing a School, as defined in this
Bylaw;
(c)
a boundary of a parcel of land that is designated as school reserve or
municipal and school reserve under the Municipal Government Act; or
(d)
any City owned playground structure.
(13)
The specified separation distances noted in 95.2(12) are reciprocal.
(14)
The Commercial Central District (C-C) shall have a maximum of three (3) Retail
Cannabis Stores. This clause may be reviewed annually from the date of cannabis
legalization.
SECTION 96: KENNELING
96.1
APPLICABILITY
The requirements of this section apply to all kenneling businesses where animals are kept
on premises for short or long term stays. Animals kept at such facilities must be accepted
under the Animal Control Bylaw.
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96.2
GENERAL REQUIREMENTS
(1)
Signage and advertising may only be permitted in compliance with Schedule 5:
Signage Standards;
(2)
Parking and Loading is required in accordance with Schedule 3, Section 72;
(3)
That kenneling be located not closer than 150 meters (492.12 ft) from any
residential dwelling unit, or existing or future residential land use. The
measurements shall be taken from the residential boundary to the kennel property
boundary.
(4)
Kenneling shall only be a Discretionary Use within the Industrial Light (I-L),
Industrial General (I-G), and Industrial Heavy (I-H) Land Use Districts; and
(5)
Kenneling shall be operated in accordance with provincial health regulations. All
excrement and similar waste shall be disposed of in a manner acceptable to
Alberta Health Services.
96.3
DEVELOPMENT REQUIREMENTS
(1)
That operations of the kennel be:
(a)
adequately designed and maintained to suppress emissions and further
that pens, rooms, and runs shall be adequately sound proofed;
(b)
designed with washable surfaces and cleaned regularly;
(c)
equipped with an indoor exercises area;
(d)
equipped with a separate air exchange system in the animal holding area
where heating and air conditioning is shared with other businesses;
(e)
limited to the hours of 7 a.m. - 10 p.m. Monday to Friday and 9 a.m. - 10
p.m. weekends for any outdoor use;
(f)
cleaned regularly; and
(g)
adequately fenced to the satisfaction of the Development Authority.
SECTION 97: CLUSTER HOUSING
97.1
APPLICABILITY
The requirements of this section are categorized based on the context of the cluster
housing and how it may be incorporated into a neighbourhood design. Unlike Multiple Unit
Residential Development, these units tend to be smaller in floor area and are a low density
development.
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City of Brooks Land Use Bylaw No. 14/12
97.2
GENERAL STANDARDS:
(1) Cluster housing is subject to the following additional standards:
(a)
Design of cluster housing shall consider the height, building design and
nature of surrounding residential development.
(b)
The arrangement of the structures in a cluster housing is subject to the
approval of the Development Authority and the requirements of the Alberta
Building Code.
(c)
A landscaping plan shall be submitted with the development permit
application. The Development Authority may require that a landscape plan
be prepared by a professional. An irrigation plan may also be required.
(d)
A minimum of 10% of the lot area is to be provided for common open space
and onsite amenities such as playground equipment, barbeque areas,
recreation areas or other similar features. The minimum open space
requirement may be increased as required by the Development Authority
depending upon the density of the proposed development.
(e)
A minimum 1.5 m (4.9 ft) wide landscaped buffer strip is required between
the parking lot and an adjacent residential lot. The Development Authority,
depending on the intensity of the development, may increase the minimum
required width of the landscaped buffer strip.
(f)
Minimum floor area: The minimum size of each dwelling unit shall be 47 m²
(505.9 sq ft) in size.
(g)
The Development Authority may regulate the maximum density of cluster
housing within a block or subdivision based on the policies of the Municipal
Development Plan and consideration of:
(i) density of existing development within the block;
(ii) adequacy and proximity of community facilities such as schools,
shopping, recreational facilities and open space;
(iii) adequacy of utilities to accommodate the proposed use;
(iv) impacts on future land uses and the street system;
(v) any other matters deemed pertinent by the Development Authority.
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SECTION 98: DATA CENTRE
98.1 APPLICABILITY
The requirements of this section are based on a Data Centre being located in areas that
limit the impact of adjacent uses and where impacts are addressed through appropriate
land planning of energy and water consumption and design standards are adopted to
mitigate noise levels.
98.2 DEVELOPMENT PERMIT APPLICATION REQUIREMENTS:
(1)
That the applicant meet all requirements of Part 4 of the Administration Section,
Schedule 2 Industrial District requirements, Schedule 3 Section 73 Parking
requirements, and Schedule 4 Section 88 Industrial Performance Standards of this
bylaw.
(2)
Submittal of a copy of Fortis's agreement allowing connection to their system.
(3)
Submittal of a water consumption and disposal plan, including anticipated water
usage and wastewater produced, and steps to be taken to minimize water
consumption.
(4)
Where applicable, the submittal of any approvals, licenses, or permits from the
Alberta Utilities Commission or Alberta Energy Regulator.
(5)
Information about the size and location of any fuel storage tanks that will be located
on site.
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City of Brooks Land Use Bylaw No. 14/12
98.3
ADDITIONAL REQUIREMENTS
SOUND STANDARDS
(1)
Excluding an emergency drill or equipment testing, noise levels emitted by any
Data Centre and any coinciding development which supports the Data Centre,
regardless of the noise source, may not exceed the following:
Existing Use or Future Use
as Defined by an approved
Area Structure Plan
Decibel Limit 7:01
am - 10:00 PM
Decibel Limit
10:01 PM - 7:00 AM
Residential
55
45
Commercial
60
50
Public
60
50
Industrial Uses
70
60
Noise will be measured at the property boundary of the locations listed above.
(2)
All noise assessments must:
(a)
be prepared by a qualified third-party professional;
(b)
detail their methodology;
(c)
detail what equipment and infrastructure are included in the sound study,
including their manufacturer specifications regarding noise;
(d)
provide predicted sound with all generators, mechanical and HVAC
equipment, and electrical equipment running at maximum load during
routine and peak operations, with consideration of the time periods
provided in Section (1) above;
(e)
account for the complete buildout of the Data Centre and any coinciding
development which supports the Data Centre, whether or not they are on
site; and
(f)
account for cumulative effect created by an additional Data Centre
located within 100m of the proposed Data Centre.
(3)
Generators including backup generators for Data Centres shall be located within
an enclosed building with necessary ventilation to reduce impacts on noise to
surrounding areas or an enclosure acceptable to the development authority.
SAFETY
(4)
Data Centres must have security measures in place, including perimeter fencing,
surveillance systems, and controlled access points.
(5)
Fire Safety Plan to be submitted to the satisfaction of the City's Fire Chief.
(6)
A lighting design must be submitted for review to the satisfaction of the
Development Authority.
SCHEDULE 5:
SIGNAGE STANDARDS
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Signage | 1
SCHEDULE 5: SIGNAGE STANDARDS
SECTION 99: PROHIBITED SIGNS
The following types of signage or individual elements of signage systems are prohibited:
(1)
Signs which employ revolving, flashing or intermittent lights, or lights resembling
emergency services, traffic signals, railway crossing signals, hazard warning
devices or other similar lighting but does not include changeable content,
illumination, or animation;
(2)
Signs that emit amplified sounds or music;
(3)
In any residential district, signs that employ animation or changeable content as
the projection style;
(4)
In any non-residential district, signs that employ changeable content or animation
at a brightness, intensity and/or interval that may create a public hazard or
nuisance;
(5)
Signs that, in the opinion of the Development Authority:
(a)
block the natural light or view of adjacent buildings;
(b)
obstruct free and clear vision of vehicular traffic or may be confused with
any authorized traffic sign, signal or device; and/or
(c)
contain vulgar, obscene, or generally offensive content;
(6)
Any signs located within the public right-of-way or on public property, except for
signs approved by the City that may include canopy signs, projecting signs and
temporary signs or signs approved by the provincial or federal authorities;
(7)
Signs that are attached to or appearing on any vehicle or trailer which is parked on
a public right of way or any other public lands or on private land that is located
adjacent to a public right of way with the primary intent of displaying the sign to
motorists and the public for any period of time, excepting thereout signs for special
events organized by a non-profit association, group or organization for a display
time period not to exceed 24 hours;
(8)
Signs that are attached to or appearing on semi-trailers, shipping containers or
fences except on a temporary basis only, as per Section 100(1); and
(9)
Any sign that has not obtained a development permit or any sign that has not been
deemed exempt from the requirement of obtaining a development permit as per
this Schedule.
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City of Brooks Land Use Bylaw No. 14/12
SECTION 100: GENERAL STANDARDS FOR ALL SIGNS
(1)
Unless otherwise specified, a development permit application is required for all
signs.
(2)
All signs shall be compatible with the general character of the surrounding
streetscape and the architecture of nearby buildings. The size, location,
illumination and materials of all signs and outdoor advertising structures and
features shall not detract from the design of existing and proposed buildings and
structures and the surrounding properties.
(3)
All signs shall be of quality construction and of a design suitable for public display.
(4)
All signs shall be maintained in good repair and a safe and tidy manner including
but not limited to the paint, integrity of the mounting and supporting structure, any
illumination, and any other element affecting the overall appearance, as
determined by the Development Authority.
(5)
No sign shall be placed in a public road or laneway or sited in such a manner that
the sign causes confusion with or obstructs the vision of any information sign or a
traffic control sign, signal, light or other traffic device.
(6)
No sign shall be located or placed in such a manner that it will create a potential
hazard or conflict with rights-of-way, easements or the routing of any public utility,
or create a traffic hazard or obstruct the public's view of any other signage.
(7)
A sign shall be located entirely within the subject lot unless prior written approval
granting permission for the sign to overhang another property is submitted to the
City by the affected property owner.
(8)
A sign shall not be erected on any property unless permission is granted in writing
from the registered property owner.
(9)
Any signs, except window signs that comply with this bylaw, that employ electronic
display or changeable content require approval of the Development Authority.
(10)
In all cases, the required distance from overhead power and service lines, as set
forth in the Alberta Electrical Utility Code, shall be maintained.
(11)
The source of light for all sign illumination shall be steady and suitably oriented
and shielded so as to minimize the potential for light pollution, in accordance with
Section 70 (Outdoor Lighting) of Schedule 3 (General Standards of Development).
(12)
Subsequent to approval from the Development Authority, signs may be located
within the setback requirement of a land use district if it does not interfere with
visibility at an intersection and complies with other requirements of this sign
Schedule.
(13)
The following rules apply to all types of signs on municipal property:
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(a)
no signs shall be located on, erected on, or attached to municipal property,
building or structure, including public benches, light standards, and utility
poles, without prior written authorization from the City; and
(b)
if permission is granted for a sign to be located on, erected on, or attached
to municipal property, buildings or structures, the sign type shall comply
with all applicable sign regulations contained within this bylaw; and
(c)
any sign located on, erected on, or attached to municipal property without
authorization from the City, may be removed without notice.
(14)
Any sign overhanging public or City-owned property shall be required to provide
proof of liability insurance and the applicant shall enter into an indemnification
agreement with the City for any injury or damage resulting from said sign.
(15)
The City shall not be held liable for any injury, loss or damage suffered by any
person or corporate body which is caused by any sign located in the City whether
or not the sign is in accordance with the requirements of this bylaw.
100.1 GENERAL REGULATIONS FOR SIGNS WITH ELECTRONIC COPY
(1)
Signs with electronic display must be a minimum distance of 15.24 m (50 ft) from
a signalized intersection.
(2)
Signs with electronic display, except electronic display signs for schools, shall not
be located within 15.24 m (50 ft) of a residential land use district measured from
the edge of the sign to the property line of a residential parcel.
(3)
If the rear of a sign with one-sided electronic display is visible to the public, it shall
be finished with a material suitable to the Development Authority.
(4)
A sign featuring electronic display must be equipped with a functioning ambient
light sensor and must be set to operate so as not to exceed the following limits at
all times when the electronic display feature is functioning, as measured from the
sign face at its maximum brightness:
(a)
a maximum of 7,500 nits from sunrise to sunset, based on the times
established by the sunrise/sunset calculator of the National Research
Council of Canada; and
(b)
a maximum of 500 nits from sunset to sunrise, based on the times
established by the sunrise/sunset calculator of the National Research
Council of Canada; and
(c)
the light levels around the Electronic Display must not at any time exceed
the ambient light level by more than 5.0 LUX.
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City of Brooks Land Use Bylaw No. 14/12
(5)
If a Development Authority determines that the brightness or light level of an
electronic display exceeds the limits set out in subsection 99.1(4), or impairs the
vision of motorists, the Development Authority may direct the Development Permit
holder to change the settings in order to bring the electronic display into
compliance with this bylaw with 24 hours notice.
(6)
If any component of electronic display fails or malfunctions such that the electronic
display is no longer operating in compliance with this bylaw or with the conditions
of a Development Permit, the Development Permit holder must ensure that the
electronic display is turned off until all components are fixed and operating in
compliance.
(7)
The Development Permit holder for a sign with electronic display must ensure that
a Development Authority is at all times in possession of the name and telephone
contact information of a person(s) having access to the technology controls for the
sign, who can be contacted 24 hours a day if the sign malfunctions.
(8)
All electronic signs adjacent to a designated Alberta Highway shall during the
application process be circulated to Alberta Transportation for comment and may
be subject to an Alberta Transportation road side development permit.
SECTION 101: SIGNS NOT REQUIRING A DEVELOPMENT PERMIT
The signage specified in this section is deemed permitted and may be displayed without
application being made for a Development Permit, provided that the signage specified in this
section meets all other requirements of this and any other applicable bylaws and regulations that
may pertain to it.
(1)
Temporary signs provided all such signage complies with the following
requirements:
(a)
a temporary sign will be valid for a period of no longer than 30 days;
(b)
once the 30 days has expired for a temporary sign at a location address,
another temporary sign on the same site shall not occur until 30 days has
elapsed from the end of the previous 30-day period that the temporary sign
was erected for;
(c)
no temporary signs shall be suspended on or between support columns of
any permanent sign such as a freestanding sign, notwithstanding any other
sign that may be considered as permanent by the Development Authority;
and
(d)
the maximum sign area of a temporary sign shall be no greater than 20 m2
(215.3 ft2).
(2)
Construction signs that do not exceed 6 m2 (64.58 ft2) in area provided such signs
are removed within 14 days of the completion of construction.
(3)
Fascia signs on a shipping container that are placed temporarily on a construction
site in compliance with this Schedule.
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Signage | 5
(4)
Banner signs which are displayed for a period of time not exceeding 30 days.
(5)
Inflatable signs.
(6)
Signs, notices, placards, or bulletins required to be displayed:
(a)
in accordance with the provisions of federal, provincial, or municipal
legislation;
(b)
by or on behalf of the federal, provincial, or municipal government; and/or
(c)
on behalf of a department, a commission, a board, a committee, or an
official of the federal, provincial, or municipal government.
(7)
Signs located on public transportation vehicles or taxi-cabs.
(8)
Signs located inside a building that are not intended to be viewed from the outside.
(9)
The name and address of a building when it forms an integral part of the
architectural finish of that building.
(10)
Street numbers or letters displayed on a premises where together the total sign
content area is less than 1 m2 (10.76 ft2).
(11)
Residency identification signs which state no more than the name and/or address
of the person(s) occupying the lot, provided the sign is no greater than 0.4 m2
(4.3 ft2) in area.
(12)
Signs placed on premises for the guidance, warning, or restraint of persons and/or
vehicles.
(13)
Municipal road signs used for street name identification or traffic direction and
control.
(14)
Vehicle signs except as prohibited by Bylaw No. 12/28 and any amendments
thereto.
(15)
Any and all signs where all relevant details of the subject sign(s) have been
submitted, evaluated and approved as part of a separate development permit
application.
(16)
The alteration of a lawful sign which only includes routine maintenance, painting
or change in face, content or lettering and does not include modification to the sign
structure, location, dimensions or sign type.
(17)
Freestanding signs for community/neighbourhood/subdivision identification
purposes where all relevant details and design drawings have been submitted,
evaluated and approved as part of a subdivision application process.
Signage | 6
City of Brooks Land Use Bylaw No. 14/12
(18)
All signs for public buildings, except freestanding signs, signs that employ
electronic display, animation or changeable content, which shall require the
approval of the Development Authority.
(19)
Real estate signs provided all such signage is removed within 30 days after the
sale or lease of the premises upon which the sign is located and these signs shall
not be placed in a road.
(20)
Garage sale signs which do not exceed 1 m2 (10.76 ft) in area, provided the owner
of the property upon which the sign is located has approved its placement and the
sign is removed immediately upon the conclusion of the sale.
(21)
On-premise directional and informational signage and incidental signs 1 m2
(10.76 ft2) or less in area and with a maximum mounting height of 3 m (9.84 ft)
above grade.
(22)
Any traffic or directional and informational signage erected by the City, Province of
Alberta or Federal government;
(23)
Any community service bulletin board erected by the City and any notices posted
on the bulletin board.
(24)
Any sign appearing on street furniture, such as benches or garbage containers,
that are located on private property.
(25)
Any sign appearing on street furniture, such as benches or garbage containers,
that are located on public land if an agreement to locate the street furniture has
been reached with Council.
(26)
Any window sign in a residential land use district, associated with a home
occupation use that is 0.37 m2 (4 ft2) or less in sign area.
(27)
Any window sign in a non-residential land use district.
(28)
Signs displayed in or on an operational motor vehicle that are not for the primary
purpose of acting as advertising signage.
(29)
Signs located on door plates, door bars and/or door kick plates.
(30)
Political poster signs provided all such signage is removed within 5 days after the
closing of the polling stations for the relevant election or plebiscite and comply with
the following requirements:
(a)
signs cannot emit sound, use video features or be illuminated;
(b)
signs shall be maintained in a condition that is neat and shall not be
unsightly or dangerous;
(c)
signs shall not interfere with or be confused with a traffic control device;
City of Brooks Land Use Bylaw No. 14/12
Signage | 7
(d)
signs shall not interfere with the safe and orderly movement of pedestrians
or vehicles, or restrict the sight lines for pedestrians or motorists;
(e)
signs shall not exceed 1.1 m2 (11.84 ft2) in area, 1.2 m (3.93 ft) in height,
and be self-supporting;
(f)
signs shall not be posted prior to 60 days before the election, by-election
or plebiscite;
(g)
signs shall not be posted within the property boundaries of any existing City
owned land or facility or any sidewalks or road right of way adjacent to City
owned land or facilities but may be posted on boulevards and road rights
of way adjoining parks and playing fields;
(h)
signs shall be a minimum of 3 m (9.84 ft) from any road access and a
minimum of 5 m (16.4 ft) from any intersection; and
(i)
political poster signs that do not comply with Section 100(29) shall be
categorized as one of the sign types as defined in this bylaw, at the
discretion of the Development Authority, and shall meet all applicable
regulations.
SECTION 102: SIGN DEVELOPMENT PERMIT REQUIREMENTS
(1)
Except as stated in Section 100 (Signs Not Requiring a Permit), no sign shall be
erected on land or affixed to any exterior surface of a building or structure unless
a Development Permit for this purpose has been issued by the Development
Authority.
(2)
A development permit application to erect, place, alter or relocate a sign shall be
made to the Development Authority by an applicant, a landowner, or someone that
has been authorized by the landowner to act on their behalf and shall include the
name and address of:
(a)
the sign manufacturer or company;
(b)
the lawful sign owner; and
(c)
a letter of authorization from the affected registered property and/or
building owner if the applicant is not the landowner.
(3)
The Development Authority may refuse to accept a development permit application
for a sign where the information provided by subsection 4 of this section has not
been supplied or where, in the opinion of the Development Authority, the quality of
the material supplied is inadequate to properly evaluate the application.
(4)
A development application for a sign shall include where applicable:
(a)
the location of all existing and proposed sign(s);
Signage | 8
City of Brooks Land Use Bylaw No. 14/12
(b)
for signs with electronic display, the setback distance(s) from the proposed
sign(s) to the nearest intersection and/or to residential land use districts;
(c)
the size, height, and area of the proposed sign(s), including any supporting
structures;
(d)
details with respect to the sign content such as but not limited to wording,
lettering, text, message content and graphics;
(e)
the colour and design scheme;
(f)
materials specifications;
(g)
location of the property boundaries of the parcel upon which the proposed
sign(s) is to be located;
(h)
utility
rights-of-way,
access
easements
and
any
other
related
encumbrances;
(i)
location of existing building(s) on the site;
(j)
the type of electronic display, illumination, and/or changeable content, if
any, and details with respect to the proposed luminosity, intensity and/or
interval;
(k)
specifications regarding the mounting of the signage;
(l)
if a sign is to be attached to a building, the details regarding the extent of
the projection; and
(m)
any other information the Development Authority deems necessary to
evaluate an application for a sign.
SECTION 103: ALLOWABLE SIGN TYPES IN LAND USE DISTRICTS
Signs shall only be allowed in land use districts where listed as a permitted or discretionary use
in the following table, and are limited to the following sign types:
-
"P" indicates that the sign type is classified as a permitted use within the respective land
use district.
-
"D" indicates that the use is classified as a discretionary use within the respective land
use district.
-
A blank cell indicates that the sign type is prohibited within the respective land use
district.
City of Brooks Land Use Bylaw No. 14/12
Signage | 9
Sign Type1
Land Use District
Use
Specific
Standards
R-SD, R-SL,
R-LD, R-MH,
R-MP, FUD
R-HD,
C-N
C-C
C-G, I-L,
I-G, I-H
P-PS,
P-OS
Canopy
P
P
P
P
103.1
Fascia
P
P
P
P
103.2
Fascia with
electronic display
P
P
D
103.2
98.1
Freestanding
P
P
P
P
103.3
Freestanding sign
adjacent to the
Trans-Canada
Highway (may
have off-premises
sign content)
P2
P
P
Freestanding with
electronic display
(may include off-
premises sign
content)
P
P
D3
103.3
98.1
Projecting
P
P
P
P
103.4
Roof
P
103.5
Blade
P
P
P
P
103.6
Sign types with
illumination
D
P
P
D
98
Note 1
Signs not requiring a permit, as per Section 100, are not included in this table,
but are allowed in all land use districts subject to compliance with this bylaw.
Note 2
Freestanding signs adjacent to the Trans Canada Highway are prohibited in all
residential land use districts except FUD.
Note 3
Freestanding signs with electronic display in P-PS and P-OS are only allowed to
display recreation, school, community and/or not-for-profit information and
events.
SECTION 104: GENERAL SIGN DEFINITIONS
General sign definitions are found in this section as well as sign types that do not have any
specific regulations. Sign types that have specific associated regulations are listed in Section
104 of this Schedule.
Abandoned Sign means a sign which advertises or identifies an activity, business, owner,
product, lessee or service which no longer exists or a sign for which no legal owner can be found.
Advertisement means any method, device or representation, whether illuminated or not, used to
call attention to or identify any matter, object, event or person.
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City of Brooks Land Use Bylaw No. 14/12
Animation means a style of electronic display where action or motion is used to project sign
content, including special effects or pictures similar to moving images on a television.
Awning means an adjustable or temporary roof-like covering fitted over windows and doors and
used for either shelter, advertising or decoration.
Banner Sign means a temporary sign that is made of lightweight material intended to be secured
to the flat surface of a building or structure, at the top and the bottom on all corners, excluding
official flags and emblems.
Bench Sign means a sign that is painted on or affixed flat to a bench.
Billboard Sign means a freestanding structure constructed to provide a medium for advertising
where the sign typically consists of off-premises content and where the copy can be periodically
replaced. For the purposes of this bylaw, billboard signs are regulated as freestanding signs.
BILLBOARD SIGN EXAMPLES
Canopy means a permanent fixture fitted over windows and doors and used for either shelter,
advertising or decoration.
Changeable Content means sign content which can be changed manually, not through digital
means. Changeable content includes mechanically controlled time and temperature displays.
Construction Sign means a temporary sign which is placed on a site to advertise items such as
the provision of labour, services, materials or financing on a construction project.
Directional and Information Sign means a sign where the message of which is limited to
providing direction guidance, distance, facility or similar information and which may contain a
name or logo.
Electronic Display means sign copy that makes use of technologies that allow sign copy to be
changed without manually or mechanically replacing the sign face or components. Electronic
display includes technologies such as but not limited to electronic screens, televisions, computer
video monitors, liquid crystal displays and light emitting diode displays. Electronic display copy
can include animation or motion. Signs that are externally illuminated with LED light bulbs do not
constitute electronic display.
Home Occupation Sign means a sign advertising a home occupation approved under the
provisions of the Land Use Bylaw.
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Signage | 11
Identification Sign means a sign which is limited to the name, address, and number of a building,
institution or person, and to the activity carried on in the building or institution, or the occupation
of the person.
Inflatable Sign means any inflatable device, which is expanded by air or other gas to create a
three dimensional feature, employed as a sign that is anchored to the ground or to a building or
structure.
Luminosity means the measurement of brightness.
LUX means a metric for measuring the amount of light received by a surface (illuminance). The
LUX measurement will decrease the farther away someone is from the subject light source. For
the purposes of this bylaw, LUX is measured with a light meter sensor to determine the brightness
of a sign with electronic display.
Multi-tenant Sign means any type of sign that may contain sign content that advertises more
than one tenant and/or business. Multi-tenant signs may include freestanding signs.
Mural means any picture, scene, graphic or diagram displayed on the exterior wall of a building
for the primary purpose of decoration or artistic expression and not created to solely display a
commercial message or depiction. Murals do not require a development permit, but are subject
to the requirements and procedure of the City of Brooks Mural Approval Policy.
NIT means a metric for measuring how much light an object emits (luminance). For the purposes
of this bylaw, NIT is measured with a light meter sensor to determine the amount of light emitted
from a sign with electronic display.
Non-conforming Sign means a sign that was installed prior to the passing of this bylaw and does
not meet the regulations as stated in this bylaw.
Off-premises Sign Content means sign content which advertises or otherwise identifies a
service, product or activity conducted, sold or offered at a location other than the premises on
which the sign is located.
On-premises Sign Content means sign content which advertises a service, product or activity
conducted, sold or offered on the property that the sign is located.
Overhanging means that which projects over any part of any street, lane or other municipally
owned property.
Parapet means the extension of a false front wall above a roof line.
Political Poster Sign means a temporary sign announcing or supporting candidates or issues in
any election or plebiscite.
Portable Sign means, in accordance with the Portable Signs Bylaw No. 12/28 and any
amendments thereto, any sign which is mounted on a stand or other support structure which is
designed in such a manner that the sign can be readily relocated but does not include A-frame
signs.
Signage | 12
City of Brooks Land Use Bylaw No. 14/12
Public Transportation Vehicle means publicly owned, operated and/or funded transit and
transportation facilities
Real Estate Sign means a sign advertising real estate (i.e. property) that is for sale, for lease, or
for rent or for real estate that has been sold.
Residency Identification Sign means a sign located on a lot in a residential district that provides
for the name and/or address of the owner or occupant of a dwelling.
Rotating Sign means a sign or portion of a sign which moves in a revolving manner.
Sign means a lettered board and/or other public display intended for the advertising or calling
attention to any person, business, matter, message, object or event.
Sign Alteration means the structural and/or projection style modification of a sign but does not
include the routine maintenance, painting or change in face, content, copy or lettering.
Sign Area means the total area within the outer edge of the frame or border of a sign or in the
case where there is no frame or border, the area contained within the shortest line surrounding
the whole group of letters, figures, or symbols of the sign.
Sign Content means the wording/lettering, message, graphics or content displayed on a sign.
Sign area = A x B
Sign content area = C x D
Sign Content Area means the entire area within a single straight line geometric figure or a
combination of squares or rectangles that will enclose the extreme limits of the advertising
message or announcement including decorations related to the specific nature of the advertising
message or announcement.
Sign Height means the vertical distance measured from the highest point of the sign or sign
structure to the finished grade.
Sign Illumination means the lighting or exposure of a sign to artificial lighting either by lights on
or in the sign or directed toward the sign.
Sign Projection Style means the method by which the sign content is conveyed to the viewer
(e.g. lettering/logo, animation, changeable content, and movement/motion).
Sign Type means the type of structure of a sign (e.g. fascia, freestanding etc.) used to convey
sign content.
City of Brooks Land Use Bylaw No. 14/12
Signage | 13
Temporary Sign means any sign permitted, designed or intended to be displayed for a short
period of time (not to exceed 30 days), not including portable signs, however including, developer
marketing signs, land use classification signs, construction signs, or any other sign that is not
permanently attached to a building, structure or the ground.
Vehicle Sign means a sign attached to, painted on or installed on a vehicle other than a public
transportation vehicle, handi-bus, taxi cab or school bus.
Warning Sign means a sign displayed to warn the general public of possible danger in an area
or location, which sometimes includes the context of the danger being referenced.
Window Sign means a sign painted on, attached to, or installed on a window intended to be
viewed from outside the premises.
WINDOW SIGN EXAMPLES
SECTION 105: SPECIFIC SIGN TYPE REGULATIONS
105.1 CANOPY SIGNS
Canopy Sign means a sign that is mounted, painted or otherwise attached to an awning, canopy
or marquee.
CANOPY SIGN EXAMPLES
(1)
A maximum of one canopy sign may be allowed per business frontage.
Signage | 14
City of Brooks Land Use Bylaw No. 14/12
(2)
No part of a canopy sign shall project more than 1.5 m (5 ft) over any public place or
extend within 0.9 m ( 3ft) of the edge of a curb or roadway.
(3)
Canopy signs shall have a minimum vertical clearance of 2.4 m (7.9 ft.) measured
between the bottom of the canopy and grade.
(4)
A canopy sign or any physical supports for the sign shall not extend beyond the lateral
or vertical dimensions of the canopy or its apron.
105.2 FASCIA SIGNS
Fascia Sign means a sign attached across the face of the building, located approximately parallel
thereto, in such a manner that the wall becomes the supporting structure for, or forms the
background surface of the sign, which does not project more than 0.3 m (1 ft) from the building.
FASCIA SIGN EXAMPLES
(1)
A maximum of six (6) fascia signs may be permitted for each business frontage.
(2)
The total maximum sign area permitted for fascia signs is 20 percent of the area
formed by each building face or business bay/frontage.
(3)
Fascia signs shall not be located above any portion of a street, or project over public
property, unless the fascia sign maintains a minimum clearance from grade of 2.4 m
(7.9 ft), measured between the bottom of the canopy and grade.
(4)
Fascia signs proposed to be located on a non-frontage wall may be considered by the
Development Authority if it is deemed that the proposed signage and location of the
signage on the building is suitable for the building that is the subject of the application
and would not unduly and/or materially negatively impact adjacent buildings or public
right-of-way.
105.3 FREESTANDING SIGNS
Freestanding Sign means a sign supported independently of a building, wall, or other structure
by way of columns, uprights, braces, masts or poles mounted in or upon grade.
City of Brooks Land Use Bylaw No. 14/12
Signage | 15
FREESTANDING SIGN EXAMPLES
(1)
A maximum of one freestanding sign may be permitted for each parcel.
(2)
The maximum area and height of a freestanding sign shall meet the following
requirements:
LAND USE DISTRICT
R-HD, C-N
C-C
C-G, I-L, I-G,
I-H
P-PS, P-OS
Maximum
freestanding sign
height
3 m (9.8 ft)
6 m (19.7 ft)
10 m (32.8 ft)
6 m (19.7 ft)
Maximum Freestanding Sign Area1
Business/building
frontage 10 m or
less in length
2 m2
(21.5 ft2)
5 m2
(53.8 ft2)
7.5 m2
(80.7 ft2)
5 m2
(53.8 ft2)
Business/building
frontage over 10 m
in length
3 m2
(32.3 ft2)
6 m2
(64.6 ft2)
12.5 m2
(134.5 ft2)
6 m2
(64.6 ft2)
NOTE1
Business or building frontages over 10 m (32.8 ft) in length are allowed
an additional 0.2 m2 (2.15 ft2) of sign area per additional metre of
frontage, to a maximum total freestanding sign area as identified .
(3)
If a freestanding sign projects over a transportation r-o-w including but not limited to
roadways, driveways, parking stalls and sidewalks, a minimum of 4 m (13.12 ft) of
clearance measured from the lower sign edge to grade shall be provided, unless it
can be proven by the applicant that any potential for damage or danger to users of
the transportation r-o-w has been minimized to a level acceptable to the Development
Authority.
(4)
Any electrical power supply to a freestanding sign shall be located underground.
Signage | 16
City of Brooks Land Use Bylaw No. 14/12
(5)
Freestanding signs proposed within the clear vision zone of a corner lot shall meet
the requirements of Schedule 3 (General Standards of Development), Section 58
(Corner Lots).
(6)
Freestanding signs may include multi-tenant signs where one freestanding sign
advertises multiple businesses located in the same building or on the same parcel, to
the discretion of the Development Authority, as long as the freestanding sign meets
all other regulations of this bylaw.
(7)
Freestanding signs that front onto the TransCanada highway (also called billboards)
must adhere to the following regulations:
(a)
sign area shall be a maximum of 50 m2 (538.2 ft2);
(b)
maximum height shall be 4.5 m (14.8 ft) above grade; and
(c)
where applicable, a record of approval from Alberta Transportation shall be
provided as part of the sign application prior to the City issuing a development
permit.
105.4 PROJECTING SIGNS
Projecting Sign means a sign other than a canopy sign, blade sign, or fascia sign which is
attached to and projects, more than 0.3 m (1 ft.) horizontally from a structure or building face.
PROJECTING SIGN EXAMPLES
(1)
A maximum of one projecting sign per business frontage may be allowed.
(2)
No part of a projecting sign shall project more than 0.9 m (2.95 ft) above the top of the
vertical face of the wall to which it is attached.
City of Brooks Land Use Bylaw No. 14/12
Signage | 17
(3)
The maximum area of a projecting sign is 6 m2 (64.6 ft2) for a business frontage that
is 10 m (32.8 ft) or less in length. Business frontages over 10 m (32.8 ft) in length are
allowed an additional 0.1 m2 (1.08 ft2) of sign area per additional metre of frontage, to
a maximum total projecting sign area of 10 m2 (107.6 ft2).
(4)
Projecting signs shall have a minimum vertical clearance of 2.4 m (7.9 ft) measured
between the lower sign edge and grade.
(5)
The space between a projecting sign and the wall on which it is mounted shall not
exceed 0.6 m (1.97 ft).
(6)
A projecting sign shall not extend horizontally more than 2.5 m (8.2 ft) from a structure
or building face.
(7)
No part of a projecting sign shall project or extend within 0.8 m (2.6 ft) of the edge of
a curb or roadway.
(8)
Supporting structures of projecting signs, when visible, shall be integrated into the
overall design of the sign, to the satisfaction of the Development Authority.
105.5 ROOF SIGNS
Roof Sign means any sign erected upon, against, or directly above a roof or on top of or above
the parapet of a building.
ROOF SIGN EXAMPLES
(1)
A maximum of one roof sign per building may be allowed.
(2)
Roof signs shall not project more than 3 m (9.84 ft) above the highest point of the
roof.
(3)
The maximum area of a roof sign shall be 10 m2 (107.6 ft2).
(4)
Roof signs shall be erected in such a manner that the support structure, guy wires,
braces, and all other secondary supports are not visible, so that the roof sign
appears to be an architectural component of the building.
(5)
A roof sign shall not extend beyond the ends or sides of the building on which it is
mounted.
Signage | 18
City of Brooks Land Use Bylaw No. 14/12
105.6 BLADE SIGNS
Blade Sign means a small sign which is suspended from a mounting attached directly to the
building wall or a sign that is suspended from or below the ceiling or roof of an awning, canopy or
marquee. Blade signs are generally placed perpendicular to the face of a building and are typically
found in pedestrian oriented environments such as a downtown and/or historic districts.
BLADE SIGN EXAMPLES
(1)
A maximum of one blade sign per business frontage may be allowed.
(2)
Blade signs shall not project more than 0.91 m (3 ft) from the surface of the building to
which it is attached. If a Blade sign is attached to an awning, canopy or marquee, it
shall not project more than 1.2 m (4 ft).
(3)
Blade signs shall not be higher than the eave line of the building surface to which it is
attached or 3.35 m (11 ft) above grade, whichever is lower.
(4)
Blade signs shall have a minimum vertical clearance of 2.4 m (7.9 ft) measured
between the lower sign edge and grade.
(5)
Blade signs shall have a maximum sign size of 0.46 m2 (5 ft2), excluding the
supporting structure.
(6)
Blade signs shall have a minimum thickness of 1.27 cm (0.5 inches) and a maximum
thickness of 10.16 cm (4 inches), except as reasonably required in connection with
some graphic element of the sign.
105.7 OTHER SIGNS
(1)
When a sign cannot be clearly categorized as one of the sign types as defined in this
bylaw, the Development Authority shall determine the sign type and all applicable
regulations associated with it.
City of Brooks Land Use Bylaw No. 14/12
Signage | 19
SECTION 106: ABANDONED SIGNS AND ENFORCEMENT
106.1 ABANDONED SIGNS
(1)
Any abandoned sign shall be removed at the property owner's expense. If
abandoned signs are not removed, the City may remove the sign.
(2)
Non-compliance with any regulation of this bylaw may result in the City removing
a sign subsequent to a 30 day period of notice and any cost associated with its
removal may be charged to the sign owner, excepting out signs advertising garage
sales, which do not require notice to be removed. A sign recovery charge of $200
will be required prior to the return of the sign to the owner.
(3)
Any signs removed by the City may be held for 30 days after removal at the owner's
risk. Should the signs not be claimed by the owner after 30 days from the date of
removal, the signs will be disposed of at the discretion of the City.
106.2 ENFORCEMENT
If a sign is erected without a permit, has fallen into a state of disrepair beyond what is deemed
acceptable by the Development Authority, or is in violation of any requirement of this bylaw or any
other applicable regulation, the owner of the sign shall:
(1)
Be notified of the violation and any corrective measures required, as per
Section 51, sub-section 51.2 of the Administrative Schedule of this bylaw;
(2)
Be subject to all other actions the Development Authority is permitted to undertake
as per the Act, and as outlined in Part 6, Enforcement and Appeals, of the
Administrative Schedule of this bylaw, including but not limited to:
(a)
subject to obtaining consent from the owner or occupier of the lands,
entering onto the lands on which the signage is located to undertake works
required to correct the violation, and the recovery of any costs associated
with the same;
(b)
the charging of a fine of not less than $200.00 and of not more than
$2500.00, in addition to the recovery of costs associated with the correction
of the violation; and
(c)
the obtaining of a court order, should the owner or occupier of the land on
which the violation has taken place refuse to provide consent to enter onto
the lands or refuses any other action permitted to be requested by the
Development Authority, as per the Act.
SCHEDULE 6:
DEFINITIONS
City of Brooks Land Use Bylaw No. 14/12
Definitions | 1
SCHEDULE 6: DEFINITIONS
A
Accessory Building and Structure means any building or structure that is incidental or
subordinate to and located on the same lot as a principal building, structure or use. A principal
building, structure or use must be approved or legally established before an accessory building
or structure can be approved. When a building or structure is attached to the principal building by
a roof, floor or foundation above or below grade, it is considered to be part of the principal building.
Accessory Use means a use of a building or site that is associated with or part of a primary use
and is incidental or subordinate to and located on the same lot as a principal building, structure
or use.
Act means the Municipal Government Act, RSA 2000, Chapter M-26 of the Province of Alberta,
as amended from time to time, and is referred to in the bylaw as 'the Act'.
Active Mode means any form of human-powered transportation such as but not limited to
walking, bicycling, in-line skating, skateboarding, a non-mechanized wheelchair, snowshoeing
and skiing.
Addition means adding onto an existing building, provided that there are no structural changes
to the existing building, no removal of the roof structure, and no removal of the exterior walls,
other than that required to provide an opening for access from, and integration of, the existing
building to the portion added thereto and there is a common structural connection from the existing
building to the addition that includes a foundation, constructed to the minimum standards outlined
in the Alberta Building Code, and a roof.
Adjacent means a lot, land or site that is contiguous, or would be contiguous if not for a highway,
road, river or stream, in accordance with the Act. Additionally and for the purposes of this bylaw,
adjacent can also mean a lot, land or site that shares a property boundary with another lot, land
or site.
Adult Entertainment Establishment means commercial establishments in which a significant
portion of the business is to:
(a)
display, sell, have in their possession for sale, offer for view, publish, disseminate, give,
lease or otherwise deal in any written or printed matter, pictures, films, sound recordings,
machines, mechanical devices, models, facsimiles, or other material and paraphernalia
depicting sexual conduct or nudity and which exclude minors by reason of age; and/or
(b)
which display for viewing any film or pictures depicting sexual conduct or nudity and which
excludes minors by reason of age; and/or
(c)
in which any person appears or performs in a manner depicting sexual conduct or involving
nudity and which minors are excluded by reason of age.
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City of Brooks Land Use Bylaw No. 14/12
AGLC means Alberta Gaming, Liquor and Cannabis Commission
Alberta Building Code and Alberta Fire Code means the latest version of the National Building
Code-Alberta Edition and National Fire Code-Alberta Edition as adopted by Alberta Safety Codes
Council.
Alter or Alteration means any structural change to a building that results in an increase or
decrease in the area or the volume of the building; any change in the area frontage, depth, or
width of a lot that affects the required yard, landscaped open space, or parking requirements of
this bylaw; structural change to a sign; and to discontinue or change the principal use of the site
or building with a use defined as being distinct from the discontinued use.
Alternative (Renewable) Energy System means systems for commercial or residential use that
derive energy from wind, solar, geothermal or other sources of energy that do not depend on
finite, non-renewable resources such as fossil fuels and include but are not limited to such
systems as wind energy conversion systems and solar collector arrays.
Amenity Area means an area(s) within the boundaries of a development intended for recreational
purposes. These may include landscaped areas, patios, balconies, swimming pools, beaches and
other similar items that are intended for private or public use as specified by the Development
Authority.
Apartment means a building containing three or more dwelling units with shared services,
facilities and outside entrances. This use does not include Attached Housing or a Multi-unit
Dwelling, which are separate uses in this bylaw.
Applicant means the registered owner of the land or his or her representative or agent certified
or authorized as such to act on their behalf.
Approved Use means a use of land and/or building(s) for which a development permit has been
issued by the Development Authority or the Subdivision and Development Appeal Board.
Architectural Feature means any part or portion of a building or structure including but not limited
to projections, recesses, windows, columns, awnings, marquee, façade or fascia, cornices, eaves,
gutters, belt courses, sills, lintels, windows, chimneys and any other decorative and/or functional
ornamentation that may be considered to contribute to the beauty, elegance and character of the
building or structure and that may or may not be necessary for the structural integrity of the
building or structure.
Area Redevelopment Plan means a statutory plan, prepared in accordance with Sections 634
and 635 of the Act for the purpose of all or any of the following:
(a)
preserving or improving land and buildings in the area;
(b)
rehabilitating buildings in the area;
(c)
removing buildings from the area;
(d)
constructing or replacing buildings in the area;
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(e)
establishing, improving or relocating public roadways, public utilities or other services in
the area;
(f)
any other development in the area.
Area Structure Plan means a statutory plan prepared for the purpose of providing a framework
for subsequent subdivision and development of an area of land as per Section 633 of the Act and
that may be adopted by a Council by bylaw.
Art and Craft Studio means development used for the purpose of small scale, on-site, production
of goods by hand manufacturing primarily involving the use of hand tools. Typical uses include
pottery, ceramic, jewelry, toy manufacturing and sculpture and artist studios. This use does not
include Light or Heavy Manufacturing, which are separate uses in this bylaw.
Articulation means the design, orientation and layout of a building or group of buildings, with a
focus on the exterior, that should clearly define and positively contribute to the quality of the
pedestrian environment and the overall streetscape through the selection and combination of
exterior building materials, the transparency of the building faces (windows and openings) and
the animation of the building(s) exterior walls through the inclusion of architectural features
including but not limited to those presented in the respective definition included in this schedule.
Attached Garage means a building or portion of a building that is used for the storage of motor
vehicles, which is attached to the principal building by sharing a common wall with the dwelling,
and usually contains an access doorway into the principal building. For the purpose of calculating
yard setbacks and site coverage requirements, an attached garage is deemed to be part of the
principal building.
Attached Housing means a single building comprised of two or more dwelling units separated
one from another by common party walls extending from foundation to roof, with each dwelling
unit having a separate, direct entrance from grade and includes all row, stacked row, linked, patio,
garden court, semi-detached or other housing which meet such criteria. This use does not include
a Duplex or Multi-unit Dwelling which are separate uses in this bylaw.
Auction Establishment means a development specifically intended for the auctioning of goods
and equipment services including related temporary storage of such goods and equipment. This
use does not include Auto and Equipment Rental and Sales or Minor or Major Retail
Establishments, which are separate uses in this bylaw.
Auto and Equipment Paint Shop means a development where vehicles, machines, large
equipment, and similar objects are painted. This use may include outdoor storage and
administrative offices as accessory uses. This use does not include Repair Shop or Service
Station, which are separate uses in this bylaw.
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Definitions | 4
City of Brooks Land Use Bylaw No. 14/12
Auto and Equipment Rental and Sale means a development for the sale or rental of new and
used vehicles, recreational vehicles (campers, trailers etc.), manufactured homes, farm
equipment, construction equipment and other similar large scale objects that cannot be readily
stored in a building. This use must include a permanent building for sales and may include
associated outdoor storage, mechanical repairs and administrative and sales offices as accessory
uses. This use does not include Repair Shop, Auto and Equipment Paint Shop or Minor or Major
Retail Establishments, which are separate uses in this bylaw.
Awning means a light-weight metal or cloth shelter projecting from and supported entirely by the
exterior wall of a building.
B
Balcony means an elevated platform projecting from a wall with no support from the ground,
having an outer railing or parapet and being greater than 0.6 metres in width.
Bakery means a building used for the baking and selling of baked goods and may include the
retail sale of related goods or a café within the principal bakery building as accessory uses. This
use does not include Restaurants, which is a separate use in this bylaw.
Bar/Lounge means an establishment, licensed by the Alberta Liquor Control Board, where the
main purpose is to serve alcoholic beverages for consumption on the premises, and any
preparation or serving of food is ancillary to such use. Typical uses include neighbourhood pubs,
bars, taverns and licensed lounges that are accessory to a restaurant. This use does not include
Entertainment Facilities, Restaurants or Adult Entertainment Establishments, which are separate
uses in this bylaw.
Basement means the portion of a building or structure which is partially or wholly below grade
and having its floor below grade by a distance greater than one-half the distance from floor to
ceiling.
Bay means a self-contained unit or part of a building that can be sold or leased for individual
occupancy.
Bay Window means a window or series of windows projecting from the outer wall of a building
and forming a recess within.
Bed and Breakfast means an accessory use carried out in an owner-occupied dwelling where
temporary accommodation is provided to non-residents of the dwelling for remuneration, and
where meals, if provided for guests, are prepared in the common kitchen of the principal
residence.
Block Scale means elements of an urban block such as but not limited to the shape, orientation,
number of points of access for vehicles and active modes of transportation, length of streets as
measured from one intersection to the next, and the overall perimeter measurement of a block,
as measured from one intersection to any other number of intersections as may be required to be
measured from and depending on the shape of the block being measured.
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Brewery, Winery and Distillery means a facility where small-scale production and packaging of
alcoholic and non-alcoholic beverages takes place. Such facilities may or may not include a
tasting room, retail sales space, wholesale sales or a restaurant as an accessory use.
Building means anything constructed or placed on, in, over or under land but does not include a
highway or road or a bridge that forms part of a highway or road.
Building Design means the development of a building's massing, shape, orientation, size, height,
interior, exterior, structural, electrical, plumbing and other systems, overall style and any other
elements as required to adequately provide the desired intent of the building to its users.
Building Height means the vertical distance between average grade and the highest point of the
building, excluding a roof stairway entrance, elevator shaft, a ventilating fan, a skylight, a steeple,
a chimney, a smoke stack, a fire wall, a parapet wall, a flagpole or similar devices not structurally
essential to the building.
Building Massing means the volume, height, location and orientation of a building.
Building Scale means building elements and details as they proportionally relate to each other
and to humans.
Buffer means a row of trees, hedges, shrubs, a fence, or a berm planted or constructed to provide
visual screening and separation between uses, buildings, sites or districts.
Building and Trade Contractor means a development for the provision of electrical, plumbing,
heating, painting and similar contractor services primarily to individual households and the
accessory sale of goods normally associated with such contractor services where all materials
are kept within an enclosed building, and where there are no associated manufacturing activities.
This use may include an administrative office as an accessory use. This use does not include
Light or Heavy Manufacturing or Minor or Major Retail Establishments, which are separate uses
in this bylaw.
Bulk Fuel Station means a use of land or buildings for storing and distributing petroleum products
in bulk quantities. This use includes supplementary tanker vehicle storage and card lock or key
lock fuel distribution facilities. This use does not include Service Station, which is a separate use
in this bylaw.
Bus Depot means development for the transient housing or parking of motor-driven buses and
the loading and unloading of passengers and accessory uses. The transportation and storage of
freight incidental to this use is considered part of this use.
Business and Professional Office means development used to offer professional, trading or
occupational services including accountants, engineers and architects, real estate, insurance,
clerical, secretarial, employment, telephone answering and other similar uses. This use does not
include Financial Institutions and Medical Offices, which are separate uses in this bylaw.
Business Frontage means - see Frontage, Business
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City of Brooks Land Use Bylaw No. 14/12
Business Support Services means a development providing service to existing business and
the public. This use includes photocopying and printing services, building security, cleaning or
maintenance services, sign making, farm consulting services, IT services, catering service, parcel
dispatch, and other similar uses. "Business and Professional Office" and "Data Centre" are
separate uses.
C
Café means a retail sales establishment engaged in the selling of light meals and nonalcoholic
drinks where commercial kitchens and ventilation systems are not permitted. This use may
include the retail sale of related goods on a small scale. This use does not include Restaurants,
Bars/Lounges, or Minor or Major Retail Establishments, which are separate uses in this bylaw.
Campground means development of land which has been planned and improved for the
seasonal short-term use of holiday trailers, motor homes, tents, campers and similar recreational
vehicles and may include full time on site management accommodation accessory to the principal
use. It is not used as year round storage or accommodation for residential use. Typical uses
include tourist trailer parks, campsites and tenting grounds.
Cannabis means any part of a cannabis plant, including the phytocannabinoids produced by, or
found in, such a plant, regardless of whether that part has been processed or not.
Cannabis Accessory means accessories that promote the responsible and legal consumption
and storage of cannabis.
Cannabis Product means a product that contains Cannabis.
Cannabis Production Facility means a use where Cannabis is grown, processed, packaged,
tested, destroyed, stored or loaded for shipping, and that meets all Federal requirements as well
as all requirements of this bylaw, as amended from time to time.
Cannabis Representative means a corporation or individual registered with the AGLC who is in
the business of representing a Cannabis supplier in the sale of the supplier's Cannabis.
Cannabis Store means a use where recreational Cannabis can be legally sold, and has been
licensed by the AGLC. All Cannabis that is offered for sale or sold must be from a federally
approved and licensed producer. No consumption shall be on premises. This may include
ancillary retail sale or rental of Cannabis Accessories, and where counselling on Cannabis may
be provided.
Cannabis Supplier means a person who holds a Federal licence that authorizes the person to
produce Cannabis for commercial purposes or to sell Cannabis to the AGLC.
Canopy means a non-retractable solid projection extending from the wall of a building, or
freestanding, which is intended to be used as protection against weather, other than normal
architectural features such as lintels, sills, mouldings, architraves and pediments and includes the
structure known as a theatre marquee.
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Carnival means a temporary development that provides a variety of shows, games and
amusement rides, for a period less than thirty (30) days, in which patrons take part.
Cemetery means development of a parcel of land primarily as landscaped open space for the
entombment of the deceased and may include the following accessory developments:
crematoriums, cinerariums, columbariums, and mausoleums. Typical uses include memorial
parks, burial grounds and gardens of remembrance.
Certificate of Compliance means a document signed by the Development Authority, certifying
that a development complies with this bylaw with respect to yard requirements and insofar as
represented on an Alberta Land Surveyors' Real Property Report.
Change of Use means the conversion of land or building, or portion thereof from one land use
activity to another in accordance with the Permitted or Discretionary Uses as listed in each land
use district.
Character means the special physical characteristics of a building, structure or area that sets it
apart from its surroundings and contributes to its individuality, either in the present tense through
the creation of character based on the historic and recent development activities within and
around the given building, structure or area, or in the future tense if the desire for a certain
character for a given building, structure or area is identified in a plan approved by Council.
Choke Point means a point of congestion or blockage within transportation r-o-w.
Civic Space means a building, structure or area developed with the intention of providing access
to all members of the public, including but not limited to public buildings, libraries, playgrounds,
parks, assembly halls, green spaces, trails and active modes pathways, squares, festival facilities,
amphitheaters, and community gardens.
Clear Vision Zone means a triangular area formed on the corner of a site by measuring back
from the corner of the property line adjacent to the public right-of-way, and joining these two points
across the property, as shown in Section 3, sub-section 3.3 of Schedule 3 (General Standards of
Development).
Cluster Housing means a development of compact single unit housing consisting of multiple
detached principal dwellings on the single lot spatially articulated around a centralized amenity
space. This use does not include a Multi-unit Dwelling which is a separate use in this bylaw.
Combined or Shared Parking means an arrangement where two or more uses share a common
parking area. This definition includes an arrangement where one use requires the common
parking area during different hours than the other use that shares the same common parking
area.
Commercial School means development used for training and instruction in a specific trade, skill
or service. Typical uses may include, but are not limited to, secretarial, business, hairdressing,
beauty culture, dancing or music schools. Administrative offices and the retail sale of related
goods may be accessory uses. This use does not include Education Facility, which is a separate
use in this bylaw.
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City of Brooks Land Use Bylaw No. 14/12
Conceptual Design Scheme means a detailed site layout plan for a parcel of land which typically
addresses the same requirements of an Area Structure Plan but which is not adopted by bylaw
which:
(a)
shows the location of any existing or proposed buildings; and
(b)
describes the potential effect and/or relationship of the proposed development on the
surrounding area and the municipality as a whole; and
(c)
provides for access roads, water, sewer, power and other services to the satisfaction of
the Subdivision Authority or Council.
Condominium means:
(a)
in the case of a building, a space that is situated within a building and described as a unit
in a condominium plan by reference to floors, walls, and ceilings within the building; and
(b)
in the case other than a building, land that is situated within a lot and described as a unit
in a condominium plan by reference to boundaries governed by monuments placed
pursuant to the provisions of the Surveys Act respecting subdivision surveys.
Connectivity means a measure of the efficiency of the physical layout of the block structure as
made up by the transportation network, including but not limited to average block dimensions, the
number of intersections, the percentage of three and four way intersections, and route choice
throughout a given transportation network. High connectivity means that a given network has
many direct route choices, while low connectivity means a given network has few direct route
choices.
Corner lot means - see Lot, Corner
Council means the duly elected Council of the City of Brooks.
Coverage means - see Lot, Coverage or Site Coverage
Cultural Facility means the provision of cultural services to the public by a public or private, non-
profit facility. This use includes, but is not limited to, museums, art galleries, libraries and
assemblies of non-profit clubs or organizations, including charitable, social service, ethnic,
athletic, business, or fraternal organizations. This use may include eating, drinking, entertainment,
sports, recreation, and amusement facilities as accessory uses. This use does not include
Entertainment Facilities, or Public or Private Recreation Facilities, which are separate uses in this
bylaw.
D
Data Centre means a development that houses computer equipment as a principle use. The use
includes the collection, storage, processing, management, and distribution of digital data. This
use may include infrastructure such as administrative spaces, security facilities, commercial
HVAC systems, backup power supply, water recovery systems, and fire suppression. Thi use
does not include "Business Support Services".
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Day Care means the use of a building, or portion of a building, for the provision of care, instruction,
maintenance, or supervision of children between the ages of 0 and 12. Day cares are facilities
that provide services to care for seven (7) or more children between the ages of 0 and 12 at any
one time, for periods of time not to exceed 24 hours, and that shall meet the licensing
requirements of the Province.
Day Home means the use of a building, or portion of a building, for the provision of care,
instruction, maintenance, or supervision of children between the ages of 0 and 12. Day homes
operate out of a residence that provides services to care for no more than six (6) children between
the ages of 0 and 12 at any one time, for periods of time not to exceed 24 hours, not including
those children who reside in the home on a permanent basis, and that may be unlicensed but
shall be approved by the Province.
Deck means an uncovered horizontal structure, with a surface height greater than 0.6 m (2 ft)
above grade at any point, but no higher than the first story floor level, and intended for use as a
private outdoor amenity space.
Deflection means the placement of object(s) in the way of a straight line of sight, thereby shifting
the visual focus from the linear path to the change in direction that is forced by the object. Objects
may consist of but not be limited to hard and soft landscaping, structures, and buildings.
Demolition means the pulling down, tearing down or razing of a building or structure.
Density means the number of dwelling units on a site expressed in dwelling units per hectare or
acre, and may be calculated using only developable area, generally expressed as Net Density,
or using all of the subject site area, generally expressed as Gross Density.
Designated Officer means a person authorized by Council to act as a Development Authority
pursuant to Section 623 of the Act and in accordance with the City's associated enabling bylaw.
Detached Garage means an accessory building designed and use primarily for the storage of
motor vehicles that is not attached or is separate from the principal building.
Developer means a person or an owner of land in accordance with the Statutes of the Province
of Alberta who wishes to alter the title to the property and who may also wish to change the use
of the property from its existing use.
Development means, as per the Act:
(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
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City of Brooks Land Use Bylaw No. 14/12
(d)
a change in the intensity of use of land or a building or an act done in relation to land or a
building that results in or is likely to result in a change in the intensity of use of the land or
building.
Development Agreement means a contractual agreement completed between the municipality
and an applicant for a Development Permit which specifies the public roadways, utilities and other
services to be provided by the Permit holder as a condition of Development approval or
subdivision approval, provided the agreement is in accordance with sections 648, 650, 654 and
655 of the Municipal Government Act, as amended.
Development Application means an application made to the Development Authority in
accordance with the Land Use Bylaw for the purpose of obtaining a development permit.
Development Area means the area to be occupied by a building plus the reasonable area
required for excavation and construction.
Development Authority means the body established by bylaw to act as the Development
Authority in accordance with Sections 623(b) of the Act and may include the Development Officer
or other Designated Officer, or the Council of the City of Brooks for Direct Control.
Development Officer means a person appointed as the Development Officer pursuant to the
Development Authority Bylaw and this Land Use Bylaw.
Development Permit means a document issued pursuant to this bylaw by the City of Brooks
authorizing a Development that has been approved by the Development Authority or Subdivision
and Development Appeal Board.
Discretionary Use means one or more uses of land or buildings in a land use district for which a
development permit may be issued at the discretion of the Development Authority or the
Subdivision and Development Appeal Board, with or without conditions.
District means - see Land Use District
Drive-Through means a restaurant or other business where services are provided to customers
who remain in their vehicles. A drive-through may be an accessory use to a Café, Restaurant,
Truck and Car Wash or other similar uses.
Driveway means a paved or unpaved strip of land located on private property that is used
exclusively as a connector between public right-of-way and private land, for the purposes of
accessing and providing parking space on private land, or for the purposes of accessing a garage
structure or other enclosure located on private land, that is intended primarily for the parking of
motorized or non-motorized vehicles.
Dwelling means any building or portion thereof designed for human habitation and which is
intended to be used as a residence for one or more individuals but does not include travel trailers,
motor homes, recreational vehicles, or other mobile living units, hotel, motel, dormitory, boarding
house, or similar accommodation. For the purposes of this bylaw, dwellings include Apartment,
Duplex, Manufactured Home, Modular Home, Moved-in Dwelling, Single-Detached Dwelling, and
Attached Housing.
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Dwelling Unit means a self-contained living premises with cooking, eating, living, sleeping and
sanitary facilities for domestic use of one or more individuals.
Dwelling Unit Above Non-Residential Use means a dwelling unit as defined by this bylaw that
is located above non-residential uses that are located in the same building, and that meets all
other requirements of this bylaw.
Dwelling Unit in Rear of Non-Residential use means a dwelling unit as defined by this bylaw
that is located in the rear of a building that contains a non-residential use in the front portion of
the same building, and that meets all other requirements of this bylaw.
Duplex means a residential building containing two dwelling units located either one above the
other or one behind the other with separate, direct access to each dwelling. Each dwelling unit is
joined to the other unit by either a common floor/ceiling, or by a rear common wall, but is not
legally subdivided by a property line.
E
Easement is the right to use the property owned by another for a specific purpose.
Eave Line means the outermost extent of the extension or overhang of a roof line beyond the
vertical wall of a building.
Eave means the extension or overhang of a roof line beyond the vertical wall of a building.
Education facility means a place of instruction offering courses of study operated with public or
private funds. Included in this use are public, private, and separate schools. This use includes
grade schools and post-secondary institutions that offer courses, certificates and degrees. This
use does not include Commercial Schools, which is a separate use in this bylaw.
Entertainment Facility means a development providing leisure and entertainment activities
within an enclosed environment where alcohol and food may be consumed on the site as an
accessory use. Typical uses include movie theaters, drama or dinner theaters, nightclubs, concert
halls, video arcades, bingo halls, bowling alleys and similar uses. This use does not include
Bar/Lounges, Restaurants or Adult Entertainment Establishments, which are separate uses in this
bylaw.
Established Area means areas of the City where urban forms of development have already
occurred on the majority of lots, including but not limited to site improvements such as landscaping
and principal and secondary buildings serviced by utilities and infrastructure such as water,
wastewater, power, gas, and electrical, roads and garbage collection services.
Existing means in place as of the date of adoption of this bylaw or any amendments to this bylaw.
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City of Brooks Land Use Bylaw No. 14/12
F
Façade means the entire area and all elements (including but not limited to windows, recesses,
projections, fascia, soffit, doors and canopies) of an exterior building wall for the entire width and
from grade to the top of the building, not including any structural or non-structural elements
extending beyond the highest point of the roof, eaves or parapet, whichever is applicable based
on the design of the building.
Farm means an agricultural parcel that may be developed with a dwelling, structures, shelter
belts, dugouts, storage areas for farm equipment, produce, fertilizer and other materials
necessary to the extensive cultivation of the major portion of land associated with such
development.
Fence means a structure which is used to prevent or redirect passage, to provide visual
screening, sound attenuation, protection from dust or the elements or to mark a boundary.
Financial Institution means a development providing financial and banking services. Typical
uses include banks, credit unions, trust companies or any other company providing loans or
mortgages.
Flankage applies to corner lots and means the longer of the two lot lines facing the streets unless
both lot lines facing the streets are of equal length, at which point either lot line, but not both,
could be considered the flankage.
Flankage Setback applies to corner lots and means the minimum setback required along the lot
line that is determined to be the flankage.
Floor Area means the sum of the gross horizontal area of the several floors and passageways of
a building, but not including basements, attached garages, and open porches. All dimensions
shall be external dimensions.
Floor Area, Gross means the total floor area of each floor of a building measured from the outside
surface of the exterior walls, and includes all floors totally or partially above grade level except
parking levels.
Floor Area, Net means the gross floor area defined by the inside dimensions for each floor minus
the horizontal floor area on each floor used for corridors, elevators, stairways, mechanical rooms,
workrooms, washrooms, lobbies, and other non-rentable areas.
Floor Area Ratio (FAR) means the ratio derived by dividing the gross floor area of all buildings
on a lot by the total area of the lot, not including parking below grade.
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Foundation means the supporting base structure of a building.
Front Yard means - see Yard, Front
Frontage means - se Lot, Frontage.
Frontage, Business means the length of the property line of any one business use, parallel to
and along each legally accessible public street, excluding a lame that it borders.
Funeral Service means a development used for the arrangement of funerals, the preparation of
the dead for burial or cremation, the holding of funeral services and the carrying out of cremations,
where not more than one cremation chamber is provided.
G
Garage means an accessory building or part of a principal building designed and used for the
shelter or storage of vehicles and includes a carport.
Golf Course means an outdoor use/establishment of varying size where the land is developed
primarily to accommodate the game of golf. Accessory uses may include a pro shop, driving range
and/or proactive facility, food service, and other commercial uses typically associated with a golf
course clubhouse facility but subordinate to the actual area where the game of golf is played.
Government and Public Service means a development for the provision of public goods or
services. The building, facility or installation is owned or operated by a municipal, provincial, or
federal authority. Typical uses include but are not limited to City hall, post office, fire and police
stations, and related public essential service buildings.
Developed Floor Area =
0.5 x the site area
Site area
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City of Brooks Land Use Bylaw No. 14/12
Grade means the average level of finished ground adjoining the main front wall of a building (not
including an attached garage), except that localized depressions such as for vehicle or pedestrian
entrances need not be considered in the determination of average levels of finished ground.
Gross Floor Area means - see Floor Area, Gross
Group Care Facility means a development that provides residential accommodation and
rehabilitative services to persons who are handicapped, disabled, or undergoing rehabilitation
and are provided care to meet their needs. Group care facilities are supervised residential
dwelling units that are licensed and persons are typically referred to a group care facility by
hospitals, courts, government agencies or recognized social service agencies or health
professionals but may also voluntarily request care. This use includes supervised uses such as
group homes, half-way houses, and convalescent homes. This use does not include Day Homes,
Day Cares, Seniors Housing, or Hospitals, which are separate uses in this bylaw.
H
Heavy Manufacturing means a development for manufacturing, processing, assembling,
fabricating or compounding activities typically involving raw materials, but may include processed
materials, that may be highly flammable and/or combustible and where there may be external
effects from the activity such as smoke, noise, odour, vibration, dust and other types of nuisances
that shall be contained on-site in accordance with this bylaw. Administrative offices, and outdoor
storage may be accessory uses.
Home Occupation means the secondary and subordinate use of a dwelling unit by the owner or
occupant for the purpose of operating a business, trade, profession or craft that, based on the
measurable impact of factors such as the number of non-resident employees, commercial
vehicles, commercial trailers, outside storage, additional off-street parking, client visits, signage,
on-site sales associated with the use, and other applicable factors, that may be categorized as
either a level 1, 2 or 3 Home Occupation as determined by the application of the requirements of
this bylaw.
Hotel means a development used for the provision of rooms or suites for temporary sleeping
accommodation for the travelling public, where the rooms have access from a common interior or
exterior corridor. Hotels may include accessory uses that are considered to complement the hotel
such as but not limited to restaurants, cafes, private recreational facilities, convention facilities,
minor retail establishments and personal services.
Hospital means a facility providing room, board, and surgical or other medical treatment for the
sick, injured or infirm including outpatient services and accessory staff residences. Typical uses
include hospitals, sanatoria, nursing homes, convalescent homes, isolation facilities, psychiatric
hospitals, auxiliary hospitals, and detoxification centres.
I
Intensity of Use means the extent to which land or a building is used as measured by area, floor
space, seating capacity or other similar characteristics.
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Definitions | 15
K
Kenneling means a development for the purpose of boarding small animals normally considered
as household pets and includes indoor and outdoor enclosures, pens, runs or exercise areas.
This land use may also include training, grooming, impounding/quarantining facilities, animal
shelters, and retail sales for associated products.
L
Laboratory means a development used for the purpose of scientific or technical research,
investigation or experimentation. This use does not include Light or Major Manufacturing or
Education Facilities, which are separate uses in this bylaw.
Land Use District means a district established under Schedule 2 of this bylaw.
Landing means an uncovered platform extending horizontal from a building adjacent to an entry
door and providing direct access to grade or stairs.
Landowner means:
(a)
in the case of land owned by the Crown in right of Alberta or the Crown in right of Canada,
the Minister of the Crown having the administration of the land; or
(b)
in the case of any other land:
(i)
the purchase of the fee simple estate in the land under an agreement for sale that
is the subject of a caveat registered against the certificate of title in the land, and
any assignee of the purchaser's interest that is the subject of a caveat registered
against the certificate of title; or
(ii)
in the absence of a person described in paragraph (i), the person registered under
the Land Titles Act as the owner of the fee simple estate in the land.
Landscaped Area means that portion of a site which is required to be landscaped and may not
be used for parking, storage, or display of items for sale.
Landscaping means to preserve, enhance or incorporate vegetation or other materials in a
development and includes combining new or existing vegetative materials with architectural
elements, existing site features or other development features including fences, walls or
decorative walks.
Lane means a public through fare designed to serve as a secondary access and providing for
utility services to adjacent properties.
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City of Brooks Land Use Bylaw No. 14/12
Definitions | 16
City of Brooks Land Use Bylaw No. 14/12
Light Manufacturing means a development for the manufacturing predominately of previously
prepared materials, of finished products or parts that are not flammable or combustible, including
processing, fabrication, assembly, treatment and packaging, that do not generate any detrimental
impact, potential health or safety hazard or any nuisance beyond the boundaries of the site or lot
upon which it is situated, in accordance with this bylaw. This use may include incidental storage,
sales and distribution of products and administrative and sales offices as accessory uses.
Liquor Store means an establishment, licensed by the Alberta Gaming and Liquor Commission,
in which alcoholic beverages are sold to the public and intended to be consumed off the premises.
Retail liquor stores may include the sale of ancillary complementary products, such as soft drinks
and juices (mixes), pre-packaged snack foods (potato chips, pretzels), bar utensils (corkscrews,
glasses) and nonalcoholic beer and wine.
Livestock means all domestic animals kept for use on a farm or raised for sale or profit and
includes horses, cattle, sheep, swine, fur-bearing animals raised in captivity as well as game
production animals within the meaning of the Livestock Industry Diversification Act, live poultry
and bees or other animals as determined by the municipality.
Loading Area means a space designated for parking a commercial vehicle while being loaded
or unloaded.
Lot in accordance with the Municipal Government Act, means:
(a)
a quarter section;
(b)
a river lot shown on an official plan, as defined in the Surveys Act, that is filed or lodged
in a Land Titles Office;
(c)
a settlement lot shown on an official plan as defined in the Surveys Act, that is filed or
lodged in a Land Titles Office;
(d)
a part of a parcel where the boundaries of the parcel are separately described in the
certificate of title other than by reference to a legal subdivision; or
(e)
a part of a parcel of land described in a certificate of title if the boundaries of the part are
described in a certificate of title by reference to a plan of subdivision.
(f)
where a certificate of title contains one or more lots described in a plan of subdivision that
was registered in a land titles office before July 1, 1950, lot means parcel.
Lot Area means the area contained within the boundaries of a lot as shown on a plan of
subdivision or described in a certificate of title that may be specified further as:
(a)
Gross Lot Area (GLA) which includes all of the area of a lot.
(b)
Net Lot Area (NLA) which includes only those parts of the lot on which improvements have
been placed, including but not limited to parking areas, buildings, landscaping, and any
other site feature that has been introduced to the lot beyond the natural state of the lot in
its pre-development form.
Lot, Corner means a lot located at the intersection of two or more streets.
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Definitions | 17
Lot Coverage means the combined area of all buildings or structures on a site including but not
limited to the principal structure, accessory structures, decks, verandas, porches, and balconies
but excluding eaves, cornices, and other similar projections.
Lot, Double Fronting means a lot which abuts two parallel or approximately parallel streets.
Lot Frontage means the front lot line or that side of a lot abutting a public roadway, but does not
include any side abutting a lane, unless said lane is the only means of physical access to a lot.
Lot, Interior means a lot situated between two lots or another lot and a lane and having access
to not more than one street.
Lot Length, also referred to as site depth, means the horizontal distance between the front and
the rear lot lines measured along the median between the side lot lines.
Lot Line means a legally defined boundary of any lot. The term property line and boundary line
have the corresponding meaning.
Lot, Pie-shaped means a lot that is typically found fronting a cul-de-sac and that is narrower at
the frontage of the lot than it is at the rear of the lot.
Lot Scale means the elements of the lot as they relate to one another and to the building and
street scales, as defined by this bylaw. Lot scale elements include but are not limited to the
boundaries of a lot, the relationship of one lot to adjacent and other lots in close proximity, and
the ability of a lot to meet the needs of the uses that may be developed within it.
Lot, Vacant means a lot with no existing development.
Lot Width means the horizontal distance between the side lot lines measured at the front setback
line (e.g. 7.6 m (25 ft.) from the front property line for residential lots).
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City of Brooks Land Use Bylaw No. 14/12
Definitions | 18
City of Brooks Land Use Bylaw No. 14/12
M
Major Retail Establishment means a development where goods, merchandise, substances,
articles, and other materials are offered for retail or wholesale. Major retail establishments
typically exceed 2,000 m² (21,529 ft²) in size and/or sell bulky goods and may include the sale of
goods predominantly outside. Typical uses include, but are not limited to, supermarkets,
department stores, warehouse stores, or stores for the sale of business and office supplies, craft
and hobby supplies, sporting goods, furniture, hardware, garden supplies, or building and lumber
supplies. This use may include a café, administrative offices, outdoor storage, or light
manufacturing with no nuisance outside of an enclosed building as accessory uses. This use does
not include Minor Retail Establishment, Cannabis Store, Liquor Store or Auto and Equipment
Rental and Sales, which are separate uses in this bylaw.
Manufactured Home means a dwelling unit built at an off-site manufacturing facility in
conformance with CSA standards and Alberta Building Code. The unit is constructed with an
integrated frame for placement on a surface mount foundation and designed in one or two
sections for transport, whether on its own wheels or a transport trailer. The unit arrives at the site
where it is to be occupied complete and ready for occupancy, except for incidental operations
such as placement on an acceptable foundation and removal of any hitch and/or wheels. This use
does not include Modular Homes, Moved-in Dwellings or Single-Detached Dwellings, which are
separate uses in this bylaw.
Manufactured Home Park means a parcel of land under one title or condominium plan, which
provides spaces for the long term placement and occupancy of manufactured homes that are
either for purchase or lease.
Matters Related to Subdivision and Development Regulation means regulations established
by order of the Lieutenant Governor in Council pursuant to Section 694 of the Act.
May means within the context of policy, that a discretionary action is permitted.
Measurable Impact means the outcome of a development relating to the amount of vehicle
and/or pedestrian trips to and from the development in a given time period, the amount of noise,
dust or other audible, visual, or odorous outcomes of activity relating to the development or any
other impact as determined by the Development Authority.
Measurable Standard means a minimum or maximum standard stipulated in this bylaw that can
be expressed as a unit of measurement in terms of length, width, height, area, volume, capacity,
specified numbers, angle, and any other unit as determined by the Development Authority. This
definition does not include the minimum required off-street parking.
Media Production Facility means a development associated with the manufacturing,
distribution, transmission, marketing or consulting of products related but not exclusive to print,
radio, television, wire, satellite and cable. Typical uses include, but are not limited to radio stations,
television stations, recording studios, newspaper publishers and printing businesses.
Medical Cannabis means a substance used for medical purposes authorized by a licence issued
under the Federal Government's Access to Cannabis for Medical Purposes Regulations (ACMPR)
or any subsequent legislation which may be enacted in substitution.
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Definitions | 19
Medical Office means a facility for the provision of human health services without overnight
accommodation for patients and may include associated office space. Typical uses include
physiotherapy, registered massage therapy, doctor, dentist, optometrist, and chiropractic offices.
This use does not include Hospitals or Group Care Services, which are separate uses in this
bylaw.
Minor Retail Establishment means a development where goods, merchandise, substances,
articles, and other materials that can typically be stored and sold within a building are offered for
sale to the general public. Minor retail establishments may include only very limited on-site
outdoor storage and limited seasonal outdoor sales to support the store's operations. Typical uses
include, but are not limited to, convenience, grocery, hardware, pharmaceutical, appliance,
clothing, and sporting goods stores. This use may include a café, administrative offices, minor
government and public services, such as postal services, or light manufacturing with no nuisance
outside of an enclosed building as accessory uses. This use does not include Auto and Equipment
Rental and Sales, Major Retail Establishments, Cannabis Stores, or Liquor Stores, which are
separate uses in this bylaw, or retail that involves the sale of gasoline, alcoholic beverages, large
scale equipment or materials, or extensive outdoor storage.
Modular Home means a previously unoccupied dwelling unit built at an off-site manufacturing
facility or location other than the lot intended for occupancy. Modular homes are built in
conformance with CSA standards and Alberta Building Codes. Modular homes do not have an
integrated frame, hitch, wheels, chassis or other device allowing for the transport of the unit. The
dwelling is delivered to the site by transport trailer where it is assembled over a conventional,
permanent concrete foundation (a basement foundation, slab-on-grade or crawl space). Modular
includes the following two subtypes: Panelized and Ready-to-Move (RTM). This use does not
include a Manufactured Home, Moved-in Dwelling, or Single-Detached Dwelling, which are
separate uses in this bylaw.
(a)
Panelized means a dwelling unit constructed at the site intended for occupancy using pre-
built exterior/interior wall panels and building components that are delivered to the site as
a package ready for assembly over a conventional, permanent concrete foundation
(basement foundation, slab-on-grade, or crawl space).
(b)
Ready-to-Move (RTM) means a dwelling unit built to the current Alberta Building Code
that would normally be constructed on the site intended for occupancy, but for various
reasons, is constructed at an off-site manufacturing facility, construction site, plant site or
building yard. It is then loaded and transported as one unit onto the proper moving
equipment and delivered to the site intended for occupancy and placed on a conventional,
permanent concrete foundation (either a basement, slab-on-grade or crawl space).
Moved-in Dwelling means a conventional, previously occupied building which is physically
removed from one site, transported and re-established on another site with a different legal
description for use as a residence. This use does not include Manufactured Home or Modular
Home, which are separate uses in this bylaw.
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City of Brooks Land Use Bylaw No. 14/12
Definitions | 20
City of Brooks Land Use Bylaw No. 14/12
Multi-unit Dwelling means a development that contains 3 or more dwelling units. This use does
not include an Apartment, Duplex, Secondary Suite, or Attached Housing, which are separate
uses in this bylaw
Multiple Unit Residential Development means a development where the principal use consists
of dwelling units with three or more residential units and where the site has two or more principal
residential buildings. This use is subject to Schedule 4 Use Specific Standards Section 92 (Multi-
unit Residential Development). Dwelling types include Apartments, Attached Housing, and Multi-
unit Dwellings. This use does not contain Single-Detached Dwelling, Cluster Housing,
Manufactured Home, Manufactured Home Park, or Modular Home.
Municipality means the City of Brooks.
Municipal Development Plan means a Statutory Plan, formerly known as a General Municipal
Plan, adopted by bylaw in accordance with Section 632 of the MGA.
Municipal Reserve means the land specified to be municipal reserve by a subdivision approving
authority pursuant to Section 666 of the Act.
Municipal/School Reserve means the land specified to be municipal and school reserve by a
subdivision approving authority pursuant to Section 666 of the MGA.
N
Non-Compliance means a development constructed, or use undertaken after the adoption of the
current Land Use Bylaw and does not comply with the current Land Use Bylaw.
Non-Conforming Building in accordance to the Act means a building:
(a)
that is lawfully constructed or lawfully under construction on the date a land use bylaw
affecting the building or land on which the building is situated, becomes effective, and
(b)
that on the date the land use bylaw becomes effective does not or, or when constructed
will not, comply with the land use bylaw.
Non-Conforming Use in accordance to the Act means a lawful specific use being made of land
or a building or intended to be made of a building lawfully under construction at the date a land
use bylaw affecting the land or building becomes effective, and that on the date the land use
bylaw becomes effective does not, or in the case of a building under construction will not, comply
with the land use bylaw.
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Definitions | 21
Nuisance means any use, prevailing condition or activity which has a negative measurable
impact on living or working conditions.
O
Occupancy Permit means a permit issued by the municipality that authorizes the right to occupy
or use a building or structure for its intended use.
Off-Street Parking means the area of a lot designated for the parking of one or more motor
vehicles.
Oilfield Service means a use of land or buildings for the sale, rental, parts, supplies and service
of equipment used in the operation, construction or maintenance of oilfield businesses and
operations. This use may include an administrative office, accessory structures, outdoor work
areas, parking and outdoor storage areas as accessory uses. This use does not include Light or
Heavy Manufacturing or Building and Trade Contractors, which are separate uses in this bylaw.
Orientation means the arranging or facing of a building or other structure with respect to the
points of the compass.
Outdoor Display means the open outdoor display of goods that shall be limited to examples of
product, merchandise, equipment, and/or items sold by the business or industry on the lot(s) or
development site.
Outdoor Storage means the use of land with or without attendant buildings for the open, outdoor
storage of equipment, materials or vehicles, or processed or unprocessed resources or materials.
For the purposes of this bylaw, this definition is limited to those uses that require minimal on-site
improvements, service and public amenities or facilities and does not include those goods or
materials which are hazardous.
Outermost Extent means the eaves of a building or if a building does not have eaves, whichever
portion of the building extends outward the furthest, and in the case of a structure, the portion of
the structure that extends outward the furthest.
P
Parcel means the aggregate of one or more areas of land described in a Certificate of Title or
described in a Certificate of Title by reference to a plan filed or registered in a Land Titles Office.
Parking Facility means a structure designed for the parking of motor vehicles either outdoors or
in a structure.
Parking Stall means a clearly marked and identifiable stall which is accessible on a continuous
basis for the parking of one motor vehicle, either by the general public or employees, and shall
not be used for storage or any other purpose which detracts from the intended use or the
accessibility of the stall.
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Definitions | 22
City of Brooks Land Use Bylaw No. 14/12
Parks and Playground means land specifically designed or reserved for the general public for
active or passive recreational use that do not require major buildings. Typical uses include, but
are not limited to, natural and manmade landscaping, playing fields, tot lots, amphitheaters, picnic
grounds, bike and walking paths, playgrounds, water features and structures that are consistent
with the general purposes of public parkland.
Patio means an uncovered horizontal structure, with a surface height, at any point, no greater
than 0.60 metres above grade, adjacent to a residential dwelling and intended for use as a private
outdoor amenity space.
Permeability means - see Connectivity.
Permitted Use means a use of land or buildings in a land use district designated as a permitted
use in this bylaw for which a development permit shall be issued by the Development Authority,
with or without conditions, if the development application otherwise conforms with this bylaw.
Personal Cannabis Cultivation means Cannabis plants being cultivated for personal use to a
maximum of four (4) plants per principal dwelling in accordance with the Government of Alberta's
requirements of the Gaming, Liquor, and Cannabis Act and the Government of Canada's
Cannabis Act.
Personal Service means a development that provides services to an individual that are related
to the care and appearance of the body or the cleaning and repair of personal effects and may
include the retail sale of related goods as an accessory use. Typical uses include, but are not
limited to, beauty salons, barber shops, tattoo shops, tailors and dressmakers, dry cleaners, and
laundromats. This use does not include Medical Offices, which are a separate use in this bylaw.
Pet Grooming Establishment means a development providing onsite and offsite washing and
grooming of small domestic animals within an enclosed building.
Plan of Subdivision means a plan of survey prepared in accordance with the relevant provisions
of the Land Titles Act for the purpose of effecting subdivision.
Porch means a flat floored, generally enclosed, roofed structure adjoining a principal building or
built as a structural part of it.
Portable Shelter means any temporary structure with or without side panels, the covering of
which is made of pliable materials such as but not limited to plastics, fabrics or any other materials
with similar structural properties, that is supported by an external or internal frame made of
materials such as but not limited to plastic, metal or wood which the pliable material is stretched
over or hung from and which may be fastened to the ground using eyelets and stakes or other
non-permanent fastening devices and/or methods.
Principal Building means a building which, in the opinion of the Designated Officer:
(a)
occupies the major or central portion of a site;
(b)
is the chief or main building among one or more buildings for which the site is used; or
(c)
constitutes, by reason of its use, the primary purpose for which the site is used.
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Definitions | 23
Principal Entrance means the main point of access into and out of a building or structure.
Principal Use means the main purpose for which a lot, parcel, or building is used or intended to
be used.
Privacy wall means a structure that:
(a)
is accessory to an approved principal use;
(b)
provides visual screening;
(c)
is located on a balcony, deck or patio;
(d)
is no greater than 2 m above the grade of a balcony, deck or patio; and
(e)
does not include a railing.
Private Recreation Facility means a development for recreational activities that is not operated
by a public body. This use may include cafes and eating areas, and associated retail areas as
accessory uses. Typical uses include, but are not limited to, fitness facilities, gymnasiums,
athletic/sport fields, paint-ball, go-cart tracks, outdoor mini-golf, and country clubs. This use does
not include Entertainment Facilities, Public Recreation Facilities or Parks and Playgrounds, which
are separate uses in this bylaw.
Private Swimming Pool means a structure located above or at grade and designed for
recreational swimming. They are an accessory use associated with a private residence and do
not include public swimming pools.
Prohibited Use means a development that is not listed as permitted or discretionary, or is not
considered similar within a land use district.
Public Recreation Facility means a development for recreation activities, for public use which
are publicly owned or operated. This use may include cafes and eating areas, and associated
retail areas as accessory uses. Typical uses include, but are not limited to, gymnasiums,
recreation centres, athletic/sports fields, tennis courts, and indoor/outdoor ice rinks, boating
facilities, Scouts/Guide camps, retreat camps, indoor/outdoor swimming pools, bowling greens,
and riding stables. This use does not include Entertainment Facilities, Private Recreation Facilities
or Parks and Playgrounds, which are separate uses in this bylaw.
Public Right-of-Way means a right-of-way maintained by the City and is open to the public for
the purpose of vehicular and pedestrian traffic in the case of roads, sidewalks and trails, and for
the purposes of public enjoyment in the case of civic spaces as defined in this bylaw.
Public Roadway means a right-of-way maintained by the City and is open to the public for the
purpose of vehicular traffic.
Public Utility means a system or works used to provide water or steam, sewage disposal, public
transportation operated by or on behalf of the municipality, irrigation, drainage, fuel, electric
power, heat, waste management and telecommunications for public consumption, benefit,
convenience or use.
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Definitions | 24
City of Brooks Land Use Bylaw No. 14/12
R
Real Property Report (RPR) means a legal document that illustrates in detail the location of all
relevant, visible public and private improvements relative to property boundaries.
Rear Yard means - see Yard, Rear
Recycling Facility means a development for the purchasing, collecting or receiving of goods that
are intended to be re-used or recycled. Typical uses include bottle, can and paper recycling
depots. This use does not include Salvage Yards, which is a separate use in this bylaw.
Religious Assembly means a development for religious worship and related religious, charitable,
educational or social activities. Typical uses include chapels, churches, convents, monasteries,
mosques, parish halls, rectories, synagogues and temples.
Renewable Energy means a development for the advancement, manufacture, wholesale, resale
and repair of renewable energies such as but not limited to Wind Energy Conversion Systems
(WECS) as defined in this bylaw, solar collector arrays as defined by this bylaw, and other forms
of solar collection systems.
Repair Shop means a development used for the servicing and mechanical repair of automobiles,
motorcycles, snowmobiles, and similar vehicles, or for the servicing and repair of equipment,
machines or components. Repair shop may include the sale, installation or servicing of related
accessories and parts, outdoor storage, and administrative offices as accessory uses. Typical
uses include, but are not limited to, car-detailing, transmission shops, muffler shops, tire shops,
automotive glass shops, upholstery shops, and farm or other equipment maintenance shops. This
use does not include Service Stations, Auto and Equipment Paint Shop, or Auto and Equipment
Rental and Sales, which are separate uses in this land use bylaw.
Residential Sales Center means a permanent or temporary building or structure used for a
limited period of time for the purpose of marketing residential lands or buildings.
Restaurant means a development primarily used for the preparation and sale of food for
consumption on the premises. Accessory uses may include the sale of alcoholic or non-alcoholic
beverages incidental to the meal, take-out services, catering, or the retail sale of related goods.
A restaurant may hold a "Class A" liquor license and minors may, or may not, be prohibited. This
use does not include Cafés, Bars/Lounges, or Minor or Major Retail Establishments, which are
separate uses in this bylaw.
Retail Cannabis Licence means a licence under the Gaming, Liquor and Cannabis Act that
authorizes the purchase, sale, transport, possession, and storage of Cannabis.
Right-of-Way (r-o-w) means an area of land not on a lot that is dedicated for public or private
use to accommodate a transportation system and necessary public utility infrastructure (including
but not limited to water lines, sewer lines, power lines, and gas lines).
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Definitions | 25
S
Safety Code means a code, regulations, standard, or body of rules regulating things such as
building, electrical systems, elevating devices, gas systems, plumbing or private sewage disposal
systems, pressure equipment, fire protection systems and equipment, barrier free design and
access in accordance with the Safety Codes Act, RSA 2000, Chapter S-1, as amended.
Salvage Yard means use of land or buildings for the receiving, dismantling, resale or
transportation of inoperable motor vehicles, machinery, equipment, parts, metals, construction
materials or other similar materials. Salvage yards include, but are not limited to, junkyards, auto
wreckers and scrap yards. This use does not include Recycling Facilities or Light or Heavy
Manufacturing, which are separate uses in this bylaw.
Secondary Suite means an accessory dwelling unit containing cooking facilities, a food
preparation area, and sleeping and sanitary facilities, which is physically separate from and
subordinate to those of the principal dwelling within the structure or on the same lot and that has
a separate entrance. A secondary suite does NOT include a Bed and Breakfast, Duplex, Multi-
unit Dwelling, Apartment, or Attached Housing (unsubdivided) which are separate uses in this
bylaw.
Semi-Detached Dwelling See Attached Housing.
Seniors Housing means development, including lodges, which is used as a residence for elderly
individuals not requiring constant or intensive medical care and complies with the Alberta Housing
Act, as amended. This use is sponsored and administered by any public agency or non-profit
organization, which obtains its financial assistance from Federal, Provincial, or Municipal
Governments or public subscriptions or donations. Senior citizen accommodation may include
lounge, dining, health care, and recreation facilities as accessory uses.
Service Station means an establishment for the retail sale of motor vehicle fuels, lubricants, parts
and accessories. Minor retail in the form of a convenience store may be incorporated as an
accessory use. This use does not include Truck and Car Wash, Repair Shop, Auto and Equipment
Rental and Sales or Auto and Equipment Paint Shop, which are separate uses in this bylaw.
Setback means the distance which must be maintained between a development or a specific
portion of the development and a property line as specified in this bylaw or on a development
permit. For the purposes of this bylaw, setbacks shall be measured to the foundation of the
building or the closest point of the development to the property line or to another development,
depending on whether the setback requirement pertains to the property line or to another
development. For cut-off corner lots, the setback distance is to be measured from where the two
property lines would intersect.
Shall means within the context of this document, that the action is mandatory excepting where
you Administration Section 36.1 is invoked by the Development Authority.
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City of Brooks Land Use Bylaw No. 14/12
Definitions | 26
City of Brooks Land Use Bylaw No. 14/12
Shipping Container means any container that is or was used for transport of goods by means of
rail, truck or by sea. These are generally referred to as a C-Container, sea cargo container, sea
can or cargo container. Such containers are typically rectangular in shape and are generally made
of metal. For the purposes of this bylaw, when such a container is used for any purpose other
than transporting freight, it will be considered as a structure, must conform to these regulations
and may require a permit.
Shopping Mall means a unified group of buildings with more than one commercial use being
primarily retail and personal services and on a site comprehensively planned, developed and
managed as a single commercial operating unit with shared on-site parking where the intended
uses comply with the subject district.
Should means that the action, requirement or regulation is recommended but is not mandatory,
unless the Development Authority determines that the action is to be mandatory as a condition of
a Development Permit.
Shrub means a single or multi-stemmed woody plant generally less than 5 m (16 ft) in height.
Side Yard means - see Yard, Side
Sign means - see Schedule 5 (Signage Standards)
Similar Use means the process where a use is applied for which is not specifically considered in
any land use district or defined elsewhere in the bylaw, but is similar in character and purpose to
another use that is permitted or discretionary in the land use district in which such use is proposed.
Single-Detached Dwelling means a building on a lot containing one dwelling unit only, which is
not attached to any other building and which is not a Manufactured or Modular Home.
Site Coverage means the combined area of all buildings or structures on a site expressed as a
percentage of the total area of the lot. It includes accessory buildings, decks and balconies and
other structures that have a height of 0.6 metres or more above the grade but excludes eaves,
cornices and other similar projections that have a clearance greater than 2.4 metres above grade.
Site Depth means the mean horizontal distance between the front and rear boundaries of the site
as measured from property line to property line.
Site Plan means a plan drawn to scale showing the boundaries of the site, the location of all
existing and proposed buildings upon that site, and the use or the intended use of the portions of
the site on which no buildings are situated, and showing fencing, screening, grassed areas, and
the location, species and size of all existing and proposed shrubs and trees on site.
Site Servicing Plan means a plan showing the legal description and dimensions of the site, the
utilities, site drainage, existing and proposed site grades, the grades of streets and sewer
servicing the property, elevations of top of curb or sidewalk and lot corners approved by the City's
Engineer.
Site Width means the average horizontal distance between the side boundaries of a site
measured at 8 m (26.2 ft.) from the front property line.
City of Brooks Land Use Bylaw No. 14/12
Definitions | 27
Solar Collector Array means a device or combination of devices, structures or parts of a device
or structure that transforms direct solar energy into thermal, chemical or electrical energy.
Statutory Plans means an intermunicipal development plan, Municipal Development Plan, Area
Structure Plan, or Area Redevelopment Plan adopted pursuant to the Municipal Government Act.
Stop Order means an order issued by the Development Authority pursuant to Section 645 of the
Act.
Storey means that portion of a building which is situated between the top of any floor and the top
of the floor next above it, and if there is no floor above it, that portion between the top of such floor
and the ceiling above it.
Storey, First means the storey with its floor closest to grade.
Storey, Half means the storey immediately under a pitched roof, the top wall plates of which, on
at least two possible walls, are less than 1.4 metres above its floor.
Street means a public thoroughfare affording the principal means of access to abutting parcels
and includes the sidewalks and the land on each side of and contiguous to the prepared surface
of the thoroughfare and owned by the municipality.
Street Furniture means those features associated with a street that are intended to enhance the
aesthetic and function of the street such as but not limited to benches and other forms of seating,
trash and recycling receptacles, kiosks, lighting, bicycle racks and storage facilities, planters, and
other hard and soft landscaping.
Street Scale means elements of a street such as but not limited to the sidewalks and other
pedestrian spaces, the thoroughfare including driving and, if present, parking lanes, boulevards,
and other features including landscaping, foliage, active modes infrastructure including benches
and seating, bicycle parking and storage racks, and any other objects present in the area defined
as street.
Subdivision means the division of a parcel by an instrument, and "subdivide" has a
corresponding meaning.
Subdivision and Development Appeal Board means the Subdivision and Development Appeal
Board established pursuant to the City of Brooks Subdivision and Development Appeal Board
Bylaw.
Subdivision Approval means the approval of a subdivision by a subdivision approving authority.
Subdivision Authority means the body established by bylaw to act as the subdivision authority
in accordance with section 623 of the Municipal Government Act.
T
Temporary means a restricted period of time and in some cases as defined by this bylaw, such
a period of time as determined by the Development Authority.
Signage | 28
City of Brooks Land Use Bylaw No. 14/12
Definitions | 28
City of Brooks Land Use Bylaw No. 14/12
Temporary Accessory Building means an accessory building constructed or located on a
property, without any foundation below grade, for a period of time of no more than six (6)
consecutive months annually.
Temporary Building means any building, other than a manufactured home constructed or placed
on a property without any foundation below grade, or any other building determined by the
Development Authority to be temporary as a condition to the issuance of a development permit.
Temporary Structure means a structure without any foundation or footings and which is removed
when the designated time period, activity or use for which the temporary structure was erected
and ceased.
Temporary Use means a use intended for limited duration in a land use zone.
Transparency means the number and/or size and placement of windows and doors facing private
and public outdoor spaces such as but not limited to parking lots, patios, pedestrian and cyclist
linkages, and streets.
Truck and Car Wash means a facility for the washing, cleaning, or polishing of vehicles including
both passenger automobiles and commercial vehicles on a fee basis. This use does not include
Service Stations, Bulk Fuel Stations, Auto and Equipment Paint Shop or Auto and Equipment
Rental and Sales, or Repair Shop which are separate uses in this bylaw.
U
Use means the purposes for which land or a building is arranged or intended, or for which either
land, a building or a structure is, or may be, occupied and maintained.
Utility means any one or more of the following:
(a)
systems for the distribution of gas, whether artificial or natural;
(b)
waterworks systems (facilities for the storage, transmission, treatment, distribution or
supply of water);
(c)
sewage systems (facilities for the collection, treatment, movement or disposal of sanitary
sewage);
(d)
storm sewage drainage facilities;
(e)
telecommunications systems;
(f)
systems for the distribution of artificial light or electric power;
(g)
facilities used for the storage of telephone, cable, remote weather stations or internet
infrastructure; and
City of Brooks Land Use Bylaw No. 14/12
Definitions | 29
(h)
anything else prescribed by the Lieutenant Governor in Council by regulation;
but does not include those systems or facilities referred to in subclause (a) through (g) that are
exempted by the Lieutenant Governor in Council by regulation.
V
Vacant Lot means - see Lot, Vacant
Variance means the relaxation of a measurable standard of this bylaw.
Veterinary Clinic means a facility for the medical treatment of small or large animals and includes
provision for their overnight accommodation within the building only. This use may include
associated office space, or the retail sale of related goods, as an accessory use.
W
Waiver means - see Variance
Warehouse means a building used for the storage of materials, goods, equipment, or
merchandise. The building may include administrative offices, loading areas, parking areas, and
storage rooms, but does not include a building or area where the principal use is the sale of goods.
This use may include outdoor storage as an accessory use. This use does not include Salvage
Yards, or Light or Heavy Manufacturing, which are separate uses in this bylaw.
Wind Energy Conversion System (WECS) means a development that generates electricity from
a wind turbine, either building or tower mounted, including associated control and conversion
electronics and tower guy wires, some of which may have a limited generation capacity to be
used primarily for the applicants own use, and some of which may have significant generation
capacity and may be associated with commercial power generation. See Renewable Energies.
X
Xeriscaping means landscaping and gardening in ways that reduce or eliminate the need for
supplemental water from irrigation and includes plants whose natural requirements are
appropriate to the local climate.
Y
Yard means the area between a lot line and the nearest part of any building, structure,
development, excavation or use on the lot. May be referred to as 'setback'.
Signage | 30
City of Brooks Land Use Bylaw No. 14/12
Definitions | 30
City of Brooks Land Use Bylaw No. 14/12
Yard, Flankage means the side yard of a corner lot which side yard extends from the front yard
to the rear yard between the flankage lot line and the nearest main wall of the main building or
structure.
Yard, Front means a yard extending across the full width of a lot and situated between the front
lot line and the nearest portion of the principal buildings.
Yard, Rear means a yard extending across the full width of a lot and situated between the rear
lot lines and the nearest portion of the principal building.
Yard, Side means a yard extending from the front yard to the rear yard and situated between the
side lot lines and the nearest portion of the principal building.
APPENDICES
APPENDIX A: FORMS
Page 1 of 4
Date of Application:
Development Permit
Application No.
Estimated Start Date:
Date Application
Deemed Complete:
Estimated Value of Construction:
Development
Application Fee:
IMPORTANT NOTICE: This application does not permit you to commence construction until such time as a permit has been issued by the
Development Authority. If approval has not been received within 40 days of the date the application is deemed complete, you have the
right to file an appeal to the Subdivision and Development Appeal Board.
THIS DOES NOT CONSTITUTE A BUILDING PERMIT.
A SEPARATE BUILDING PERMIT MUST BE OBTAINED BEFORE CONSTRUCTION BEGINS.
APPLICANT INFORMATION
Name of Applicant
(please print):
Phone (primary):
Mailing Address:
Phone (alternate):
Fax:
City/Town:
Email:
Postal Code:
Check this box if you would like to
receive documents through email.
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Phone:
Mailing Address:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other ________________________
City/Town:
Postal Code:
PROPERTY INFORMATION
Municipal Address:
Legal Description:
Lot(s)
Block
Plan
Land Use District:
What is the existing
use(s)?
C I T Y O F B R O O K S
R E S I D E N T I A L
D E V E L O P M E N T P E R M I T A P P L I C A T I O N
IF "NO" please complete box below
Page 2 of 4
DEVELOPMENT INFORMATION
This application is to: (Check all that apply)
Construct a new dwelling
The dwelling is a:
Single-unit dwelling
2-unit dwelling
Multi-unit - please specify the number of dwelling units ___________
Other _________________________________
Alter/renovate the existing building
The renovation is a(n):
Addition
Deck(s)
Other _________________________________
Construct an accessory building / structure
The accessory building is a:
Garage (detached)
Shed/workshop
Other _________________________________
Moved-in dwelling
Manufactured home (move-in or move-out)
Demolish existing building (attach completed Demolition Form)
Other
Describe the proposed use, any changes from existing use, and any work to be done (attach separate sheet if necessary).
BUILDING REQUIREMENTS
Principal Building
Accessory Building
Office Use
Parcel Size
m2
ft2
m2
ft2
Building Size
m2
ft2
m2
ft2
Height of Building
m
ft.
m
ft.
Proposed Setbacks from Property Lines
Front
m
ft
m
ft
Rear
m
ft
m
ft
Side
m
ft
m
ft
Side
m
ft
m
ft
Parcel Type: Interior Lot Corner Lot
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Development Permit. I also consent to an authorized person designated by the municipality
to enter upon the subject land and buildings for the purpose of an inspection during the processing of this application.
APPLICANT
Registered Owner (if not the same as applicant)
Page 3 of 4
DEVELOPMENT APPLICATION SUBMISSION REQUIREMENTS
The following items shall be attached to all Development Permit Applications for new buildings or exterior
changes to existing buildings. This is not an exhaustive list and the Designated Officer may request additional
information that is required to assess the application.
Copy of Site Plan. Site plan shall provide the following information:
(May be provided on a survey plan or sketch)
Legal description and municipal address of subject property
Scale and north arrow
Adjacent roadways and lanes
Lot dimensions, lot area, and percentage of lot coverage for all structures
Existing residence and/or any other buildings with dimensions of foundation and projections including decks
Proposed residence and/or any other buildings with dimensions of foundation and projections including decks
The proposed distances from the foundation of the building to the front, side, and rear property lines
Location of lot access, existing sidewalk(s) and curbs
Location of any registered utility right of ways or easements
Location and number of off-street parking spaces
Copy of Building Plans. Plans shall be to scale and contain the following information:
Scale and dimensions of exterior walls and interior rooms
Floor plan of all living space proposed to be developed
Building elevations including front, sides, and rear elevations, building height (from finished grade), roofing
material, and roof pitch
If applicant is not the registered owner, a written statement (or this application) signed by the registered owner
consenting to this application.
Application fee payable to the City of Brooks.
TERMS:
1. Subject to the provisions of the Land Use Bylaw of the City of Brooks, the term "Development" includes the making
of any change in the use of buildings or land.
2. Although the Designated Officer is in a position to advise on the principle or details of any proposals, such advice
must not be taken in any way as official consent, and is without prejudice to the decision in connection with the
formal application. It must be clearly understood that any action taken by the applicant before a Development
Permit is received, is at his own risk.
3. Plans and drawings, in sufficient detail to enable adequate consideration of the application, must be submitted in
duplicate with this application, together with a plan sufficient to identify the land. It is desirable that the plans and
drawings should be on a scale appropriate to the development. However, unless otherwise stipulated, it is not
necessary for plans and drawings to be professionally prepared. In accordance with Schedule 3, Section 8, a grade
plan may required for development in all zoning districts.
C I T Y O F B R O O K S
R E S I D E N T I A L D E V E L O P M E N T P E R M I T A P P L I C A T I O N
Page 4 of 4
4. If a decision is not made within 40 days from the date of the receipt of the application in its complete and final
form, or within such longer period as the applicant may approve in writing, the application shall be deemed to be
refused and the applicant may exercise his right of appeal as though he had been mailed a refusal at the end of the
40-day period.
5. Construction undertaken subsequent to approval of this Development Permit application may be regulated by the
provincial building requirements.
6. Any development carried out prior to the effective date of the appropriate Development Permit is done solely at
the risk of the applicant and/or landowner.
ADDITIONAL INFORMATION:
In addition to the above requirements, the Designated Officer may also require:
1. Proof of ownership or right to the land in question and may require a current Real Property Report as proof of
location of development on said land.
2. Landscape information and/or plans where landscaping is required by the Land Use Bylaw.
3. Additional plans and information may be required and requested due to the nature and magnitude of a proposed
development of use.
4. Development drawings that include foundation and floor plans showing all occupancies and uses, elevations, cross
sections, height by metres and the number of storeys.
Please note: Review of a Development proposal may be delayed if the form and/or additional information
provided is incomplete.
Page 1 of 4
Date of Application:
Development Permit
Application No.
Estimated Start Date:
Date Application
Deemed Complete:
Estimated Value of Construction:
Development
Application Fee:
IMPORTANT NOTICE: This application does not permit you to commence construction until such time as a notice of decision has been
issued by the Development Authority. If a decision has not been received within 40 days of the date of application and no extension
agreement has been entered into, you have the right to deem the application refused and file an appeal to the Subdivision and
Development Appeal Board.
THIS DOES NOT CONSTITUTE A BUILDING PERMIT.
A SEPARATE BUILDING PERMIT MUST BE OBTAINED BEFORE CONSTRUCTION BEGINS.
APPLICANT INFORMATION
Name of Applicant:
Mailing Address:
Phone:
Phone (alternate):
City/Town:
Fax:
Postal Code:
Email:
Check this box if you would like to
receive documents through email.
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Phone:
Mailing Address:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other ________________________
City/Town:
Postal Code:
PROPERTY INFORMATION
Municipal Address of
Development:
Legal Description:
Lot(s)
Block
Plan
Land Use District:
What is the existing use?
C I T Y O F B R O O K S
N O N - R E S I D E N T I A L
D E V E L O P M E N T P E R M I T A P P L I C A T I O N
IF "NO" please complete box below
Page 2 of 4
DEVELOPMENT INFORMATION
This application is to: (Check all that apply)
Construct a new building
The building is for:
Commercial Use
Industrial Use
Public/Institutional Use
Other, specify _______________________________________
Alter/renovate the existing building
Construct an accessory building
Demolish existing building (attach completed Demolition Form)
Change or intensification of use (e.g. new type of business in existing building)
Describe the proposed use, any changes from existing use, and any work to be done (attach separate sheet if necessary).
BUILDING REQUIREMENTS
Principal Building
Accessory Building
Office Use
Parcel Size
m2
ft2
m2
ft2
Building Size
m2
ft2
m2
ft2
Height of Building
m
ft
m
ft
Proposed Setbacks From Property Lines
Front
m
ft
m
ft
Rear
m
ft
m
ft
Side
m
ft
m
ft
Side
m
ft
m
ft
Parcel Type: Interior Lot Corner Lot
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Development Permit. I also consent to an authorized person designated by the municipality
to enter upon the subject land and buildings for the purpose of an inspection during the processing of this application.
APPLICANT
Registered Owner (if not the same as applicant)
Page 3 of 4
DEVELOPMENT APPLICATION SUBMISSION REQUIREMENTS
The following items shall be attached to all Development Permit Applications for new buildings or exterior
changes to existing buildings. This is not an exhaustive list and the Designated Officer may request additional
information that is required to assess the application.
Copy of Site Plan. Site plan shall provide the following information:
(May be provided on a survey plan or sketch)
Legal description and municipal address of subject property
Scale, north arrow and land use district
Adjacent roadways and lanes
Lot dimensions, lot area, and percentage of lot coverage for all structures
Any buildings with dimensions of foundation and projections
The proposed distance from the front, side, and rear property lines
Location of lot access, existing sidewalk(s) and curbs
Number and location of parking spaces, both on and off-street
Location of any registered utility right of ways and easements
Landscaping plan
Lighting plan
Location of fire hydrant, street light, power/telephone/cable pedestal(s) (if located within property
frontage)
Copy of Building Plans. Plans shall be to scale and contain the following information:
Scale and dimensions of exterior walls and interior rooms
Floor plan of the space proposed to be developed
Building elevations including front, sides, and rear elevations, building height (from finished grade),
roofing material, and roof pitch
If applicant is not the registered owner, a written statement (or this application) signed by the
registered owner consenting to this application.
Application fee payable to the City of Brooks.
TERMS:
1. Subject to the provisions of the Land Use Bylaw of the City of Brooks, the term "Development" includes the making
of any change in the use of buildings or land.
2. Although the Designated Officer is in a position to advise on the principle or details of any proposals, such advice
must not be taken in any way as official consent, and is without prejudice to the decision in connection with the
formal application. It must be clearly understood that any action taken by the applicant before a Development
Permit is received, is at his own risk.
C I T Y O F B R O O K S
N O N - R E S I D E N T I A L D E V E L O P M E N T P E R M I T A P P L I C A T I O N
Page 4 of 4
3. Plans and drawings, in sufficient detail to enable adequate consideration of the application, must be submitted in
duplicate with this application, together with a plan sufficient to identify the land. It is desirable that the plans and
drawings should be on a scale appropriate to the development. However, unless otherwise stipulated, it is not
necessary for plans and drawings to be professionally prepared. In accordance with Schedule 3, Section 8, a grade
plan may be required for development in all zoning districts.
4. If a decision is not made within 40 days from the date of the receipt of the application in its complete and final
form, or within such longer period as the applicant may approve in writing, the application shall be deemed to be
refused and the applicant may exercise his right of appeal as though he had been mailed a refusal at the end of the
40-day period.
5. Construction undertaken subsequent to approval of this Development Permit application may be regulated by the
provincial building requirements.
6. Any development carried out prior to the effective date of the appropriate Development Permit is done solely at
the risk of the applicant and/or landowner.
ADDITIONAL INFORMATION:
In addition to the above requirements, the Designated Officer may also require:
1. Proof of ownership or right to the land in question and may require a current Real Property Report as proof of
location of development on said land.
2. Landscape information and/or plans where landscaping is required by the Land Use Bylaw.
3. Additional plans and information may be required and requested due to the nature and magnitude of a proposed
development of use.
4. Development drawings that include foundation and floor plans showing all occupancies and uses, elevations, cross
sections, height by metres and the number of storeys.
Please note: Review of a Development proposal may be delayed if the form and/or additional information
provided is incomplete.
Page 1 of 3
Date of Application:
Development Permit
Application No.
Date Deemed Complete:
IMPORTANT NOTICE: This application does not permit you to operate the business until such time as a notice of decision has been issued
by the Development Authority. If a decision has not been received within 40 days of the date of application and no extension agreement
has been entered into, you have the right to deem the application refused and file an appeal to the Subdivision and Development Appeal
Board.
APPLICANT INFORMATION
Name of Applicant:
Mailing Address:
Phone:
Phone (alternate):
City/Town:
Fax:
Postal Code:
Email:
Check this box if you would like to
receive documents through email.
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Phone:
Mailing Address:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other ________________________
City/Town:
Postal Code:
PROPERTY INFORMATION
Municipal Address of
Home Occupation:
Legal Description:
Lot(s)
Block
Plan
C I T Y O F B R O O K S
H O M E O C C U P A T I O N
D E V E L O P M E N T P E R M I T A P P L I C A T I O N
IF "NO" please complete box below
Page 2 of 3
BUSINESS DESCRIPTION
(1) Describe the primary function of your business. What goods and/or services are provided? Attach an
additional sheet describing the business.
(2) Is there another home occupation already operating out of the residence?
Yes
No
(3) Where will the business operate from?
In-home
Accessory building
(4) How will you interact or do business with your clients or customers?
In person. Clients/customers will come to the residence. On average, how many clients will come to the
residence?
Less than 1 per day
3-5 per day
5 or more per day
Remotely. Clients/customers will not be coming to the residence but will only be in contact by:
Phone
Fax
Mail
Courier
Internet/Email
(5) How many on-site parking spaces for any client visits, deliveries, etc. will be available?
(6) What will the days of operation be?
Mon-Fri
Weekends
7 days/wk
Part-time
(7) What will be the hours of operation?
____________________________________________________
(8) Will there be any employees that are not residents of the dwelling?
Yes
No
If YES:
How many employees will come to the residence?
Will more than 1 employee come to the residence at a time?
Yes
No
(9) Will there be any equipment or materials stored outside the dwelling that will be used in conjunction with
the business?
Yes (list materials & quantities)
No
(10) Will any vehicles/machinery/tools be used to operate the business? Please list.
(11) Will there be any flammable or hazardous materials on the premises as a result of the business?
Yes (list materials & quantities)
No
(12) Will any goods be displayed at the residence?
Yes
No
(13) Will there be a sign for the business?
Yes
No
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Home Occupation. I also consent to an authorized person designated by the municipality to
enter upon the subject land and buildings for the purpose of an inspection during the processing of this application.
APPLICANT
Registered Owner (if not the same as applicant)
Page 3 of 3
TERMS:
1. Subject to the provisions of the Land Use Bylaw of the City of Brooks, the term "Development" includes the making
of any change in the use of buildings or land.
2. Although the Designated Officer is in a position to advise on the principle or details of any proposals, such advice
must not be taken in any way as official consent, and is without prejudice to the decision in connection with the
formal application. It must be clearly understood that any action taken by the applicant before a Development
Permit is received, is at his own risk.
3. Plans and drawings, in sufficient detail to enable adequate consideration of the application, must be submitted in
duplicate with this application, together with a plan sufficient to identify the land. It is desirable that the plans and
drawings should be on a scale appropriate to the development. However, unless otherwise stipulated, it is not
necessary for plans and drawings to be professionally prepared. In accordance with Schedule 3, Section 8 a grade
plan is required for development in all zoning districts.
4. If a decision is not made within 40 days from the date of the receipt of the application in its complete and final
form, or within such longer period as the applicant may approve in writing, the application shall be deemed to be
refused and the applicant may exercise his right of appeal as though he had been mailed a refusal at the end of the
40-day period.
5. Construction undertaken subsequent to approval of this Development Permit application may be regulated by the
provincial building requirements.
6. Any development carried out prior to the effective date of the appropriate Development Permit is done solely at
the risk of the applicant and/or landowner.
ADDITIONAL INFORMATION:
In addition to the above requirements, the Designated Officer may also require:
1. Proof of ownership or right to the land in question and may require a current Real Property Report as proof of
location of development on said land.
2. Landscape information and/or plans where landscaping is required by the Land Use Bylaw.
3. Additional plans and information may be required and requested due to the nature and magnitude of a proposed
development of use.
4. Development drawings that include foundation and floor plans showing all occupancies and uses, elevations, cross
sections, height by metres and the number of storeys.
Please note: Review of a Development proposal may be delayed if the form and/or additional information
provided is incomplete.
Page 1 of 3
Date of Application:
Sign Permit
Application No.
Date Deemed Complete:
IMPORTANT NOTICE: This application does not permit you to install the sign until such time as a notice of decision has been issued by the
Development Authority. If a decision has not been received within 40 days of the date of application and no extension agreement has
been entered into, you have the right to deem the application refused and file an appeal to the Subdivision and Development Appeal
Board.
APPLICANT INFORMATION
Name of Applicant:
Mailing Address:
Phone:
Phone (alternate):
City/Town:
Fax:
Postal Code:
Email:
Check this box if you would like to
receive documents through email.
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Phone:
Mailing Address:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other ________________________
City/Town:
Postal Code:
SIGN INFORMATION
TYPE OF WORK:
New Permanent Sign
Changes to Existing Sign
Temporary Sign
Sign Location (Civic Address):
Are there any other signs at this location?
Yes
If yes, please state how many:
__________________________
No
C I T Y O F B R O O K S
S I G N A P P L I C A T I O N
D E V E L O P M E N T P E R M I T
IF "NO" please complete box below
Page 2 of 3
SIGN TYPE*:
Portable
Temporary
Canopy
Window
Freestanding
Fascia
Billboard
Mural
Projecting
Under Canopy
Roof
Other
*see Land Use Bylaw for definitions
PROJECTION STYLE:
Mark any or all that apply
Lettering / logo
Manual changeable lettering
content
Electronic changeable lettering
content
Animation
Movement / rotation
ILLUMINATION:
Mark any or all that apply
No illumination
Direct illumination
Internal illumination
Flashing
Office Use
Length of Sign:
m2
ft2
Height of Sign:
m2
ft2
Sign Face Area (length x height):
m
ft
Top of Sign Height:
from Grade:
m
ft
from Roof:
m
ft
If the sign is only for temporary use:
For how many days is the sign proposed to be displayed?
_____________ days
SITE PLAN
**Please attach a plan drawn to a suitable scale and photographs, if available, illustrating:
Location of all existing and proposed sign(s) on the property
Size, height, and other dimensions of the proposed sign(s), including any supporting structures
Details of sign content (wording, lettering, graphics, colour and design scheme, materials, etc.)
Location of the property boundaries of the parcel upon which the proposed sign(s) are to be located
Setbacks from property lines of proposed sign(s) and existing building(s)
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Sign.
APPLICANT
Registered Owner (if not the same as applicant)
Page 3 of 3
TERMS:
1. Subject to the provisions of the Land Use Bylaw of the City of Brooks, the term "Development" includes the making
of any change in the use of buildings or land.
2. Although the Designated Officer is in a position to advise on the principle or details of any proposals, such advice
must not be taken in any way as official consent, and is without prejudice to the decision in connection with the
formal application. It must be clearly understood that any action taken by the applicant before a Development
Permit is received, is at his own risk.
3. Plans and drawings, in sufficient detail to enable adequate consideration of the application, must be submitted in
duplicate with this application, together with a plan sufficient to identify the land. It is desirable that the plans and
drawings should be on a scale appropriate to the development. However, unless otherwise stipulated, it is not
necessary for plans and drawings to be professionally prepared.
4. If a decision is not made within 40 days from the date of the receipt of the application in its complete and final
form, or within such longer period as the applicant may approve in writing, the application shall be deemed to be
refused and the applicant may exercise his right of appeal as though he had been mailed a refusal at the end of the
40-day period.
5. Construction undertaken subsequent to approval of this Development Permit application may be regulated by the
provincial building requirements.
6. Any development carried out prior to the effective date of the appropriate Development Permit is done solely at
the risk of the applicant and/or landowner.
ADDITIONAL INFORMATION:
In addition to the above requirements, the Designated Officer may also require:
1. Proof of ownership or right to the land in question and may require a current Real Property Report as proof of
location of development on said land.
2. Landscape information and/or plans where landscaping is required by the Land Use Bylaw.
3. Additional plans and information may be required and requested due to the nature and magnitude of a proposed
development of use.
4. Development drawings that include foundation and floor plans showing all occupancies and uses, elevations, cross
sections, height by metres and the number of storeys.
Please note: Review of a Development proposal may be delayed if the form and/or additional information
provided is incomplete.
Page 1 of 4
Date of Application:
APPLICANT INFORMATION
Name of Applicant
(please print):
Phone (primary):
Mailing Address:
Phone (alternate):
Fax:
City/Town:
Email:
Postal Code:
Check this box if you would like to
receive documents through email.
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Phone:
Mailing Address:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other ________________________
City/Town:
Postal Code:
PROPERTY INFORMATION
Municipal Address:
Legal Description:
Lot(s)
Block
Plan
Land Use District:
What is the existing use?
C I T Y O F B R O O K S
T E L E C O M M U N I C A T I O N S I T I N G
P R O T O C O L A P P L I C A T I O N & C H E C K L I S T
IF "NO" please complete box below
Page 2 of 4
DETAILS OF THE PROPOSED DEVELOPMENT
What currently exists on the parcel?
What will the tower be used for?
TOWER SIZE
Overall tower height ______________ m ft
Commencement Date: _________________________
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts. I
also consent to an authorized person designated by the municipality to enter upon the subject land and buildings for the
purpose of an inspection during the processing of this application.
APPLICANT
Registered Owner (if not the same as applicant)
Page 3 of 4
C I T Y O F B R O O K S
T E L E C O M M U N I C A T I O N S I T I N G
P R O T O C O L A P P L I C A T I O N & C H E C K L I S T
TELECOMMUNICATION SITING PROTOCOL CHECKLIST
A COMPLETED APPLICATION REQUIRES:
1. A completed checklist
2. Non-refundable application fee
3. Signature of ALL landowners
4. Any additional information requested by the Development Authority
CHECKLIST INFORMATION:
-
Failure to complete the Application or supply the required information, plans or fees may cause delays
in application processing.
-
The Development Authority may refuse to accept your application if the required information has not
been supplied or if the quality of the information is inadequate to properly evaluate the application.
-
Once the information has been reviewed, the Municipal Planning Commission will either:
o Issue a municipal concurrence letter to the applicant, or
o Issue a letter which outlines the municipality's concerns and/or conditions to the applicant and
Industry Canada
-
Construction permits may be required for buildings/tower foundations, plumbing, private sewage
systems, and gas or electrical installations.
FEES
Copying and distribution of required notification letters
$1.50/letter
Payment required for
distribution of letters will
be the application fee
Distribution of required notification letters
$1.00/letter
If the applicant can prove that notification to all required adjacent landowners has been done, then no fee is required.
For fees not listed here, please see City of Brooks Fee Schedule
Page 4 of 4
CHECKLIST
Please attach a description of the project summarizing the information required in the following table.
REQUIREMENT
IS THIS REQUIRED?
YES OR NO
SUBMITTED?
YES, NO OR N/A
Co-utilization:
Are there any other such structures within a radius of 500 m
(1640 ft.) of the proposed location?
If YES, please provide a site plan showing the locations of
these and provide documentary evidence that co-
utilization of the existing structure(s) is not a viable
alternative to a second structure.
Stealth Structure Options/Screening:
If this structure will be visible from residential areas stealth
structure options must be used and a description of the
stealth structure options must be submitted to the
satisfaction of the City.
Lighting and Signage:
Is there additional lighting planned in addition to what is
required by federal agencies? Please provide a description of
all lighting, required or not required.
What signage will be used? Please describe. No advertising
signage shall be permitted.
Notification & Public Consultation Process:
All landowners within a distance of 500 m (1640 ft.) from the
proposed structure must be notified. Please provide a letter
that the City can circulate on your behalf.
The fee for copying and distributing these letters is
$1.50/letter.
_______ x $1.50/letter = ______ total
The fee for only distributing these letters is $1.00/letter.
_______ x $1.00/letter = ______ total
Note: City of Brooks reserves the right to charge an
administrative fee in accordance with standard City fees for
any time associated with copying and distribution of letters.
Page 1 of 2
Date of Application:
Application No.
Date Deemed Complete:
APPLICANT INFORMATION
Name of Applicant:
Mailing Address:
Phone:
Phone (alternate):
City/Town:
Fax:
Postal Code:
Email:
Check this box if you would like to
receive documents through email.
PROPERTY INFORMATION
Municipal Address of
Development:
Legal Description:
Lot(s)
Block
Plan
Land Use District:
What is the existing use?
DEMOLITION/REMOVAL INFORMATION
A development permit is required to demolish or remove a building or structure from a site. The demolition/removal
permit process ensures that buildings are dismantled and removed in a safe manner and that the land will be left in a
suitable state after removal. The following is not an exhaustive list and the Designated Officer may request additional
information that is required to assess the application.
STRUCTURES TO BE REMOVED
Description of Building/Structure(s)
Type of Work
Removal to another site (no demolition)
Demolition of building/structure
Building Size
m2
ft2
Height of Building
m
ft
# of storeys
C I T Y O F B R O O K S
D E M O L I T I O N F O R M
Page 2 of 2
DEMOLITION PLAN
Timeframe
Expected start date:
Expected completion date:
Method of Demolition
Manual (no heavy
equipment)
Using heavy
equipment
Other - please
explain
Dump Site Location
**Note:
Construction debris should be dumped in an approved certified site whenever possible. If that is not possible,
approval must be obtained from Alberta Environment.**
Name of Contractor responsible for removal/demolition
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Development Permit. I also consent to an authorized person designated by the municipality
to enter upon the subject land and buildings for the purpose of an inspection during the processing of this application.
APPLICANT
Registered Owner (if not the same as applicant)
APPLICANT IS RESPONSIBLE FOR:
Disconnection of all services including (if applicable):
Electrical power
Natural gas
Oil lines
Telephone cables
Communications cables (includes cable TV)
Water lines
Storm & sanitary sewer
Septic
Final plan for property after building removed or demolished and reclamation complete. As applicable:
Copy of grading plans if property will be vacant after removal or demolition
Complete development application for new development where building is being replaced
A completed Development Application. This form shall accompany a complete development application with
the consent of the registered owner and any other required documentation.
Application Fee and any applicable deposit or security required payable to the City of Brooks.
**NOTE:
A building permit is also required before proceeding with demolition.
OWNER INFORMATION
Owner # 1:
LAST NAME
FIRST NAME
Date of Birth:
MONTH/DAY/YEAR
Email Address:
Phone:
Owner # 2:
LAST NAME
FIRST NAME
Date of Birth:
MONTH/DAY/YEAR
Email Address:
Phone:
Street Address:
City/Town:
Province:
Postal Code:
Mailing Address:
City/Town:
(IF DIFFERENT FROM ABOVE)
Province:
Postal Code:
HOME INFORMATION
Community Name:
Site#:
Date Moved In:
Year Built:
MONTH/DAY/YEAR
Date Moved Out:
Single or Double:
MONTH/DAY/YEAR
Manufacturer:
Size (ft):
x
Serial #:
Model #:
Alberta Label #:
Unit Color:
Certified Unit #:
Signature of Owners:
Date:
Date:
The information on this form is being collected for the administration and billing of the City of Brooks tax system, under the authority
of the Municipal Government Act (MGA) and is protected by the Freedom of Information and Protection of Privacy Act FOIP).
C I T Y O F B R O O K S
M A N U F A C T U R E D H O M E
A p p l i c a t i o n F o r m / V a c a t i n g N o t i c e
OFFICE USE ONLY:
Permit Number:
Tax Roll Number:
Addition Size:
Notes:
Page 1 of 2
A refusal is not appealable and a subsequent application for amendment involving the same lot and/or the same or
similar use may not be made for at least 6 months after the date of refusal.
Date of Application:
Bylaw No.
Date Deemed Complete:
IMPORTANT NOTE: Although the Designated Officer is in a position to advise on the principle or details of any proposals,
such advice must not be taken in any way as official consent.
APPLICANT INFORMATION
Name of Applicant:
Mailing Address:
Phone:
Phone (alternate):
City:
Fax:
Postal Code:
Email:
Check this box if you would like to
receive documents through email
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Phone:
Mailing Address:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other ________________________
City:
Postal Code:
PROPERTY INFORMATION
Municipal Address:
Legal Description:
Lot(s)
Block
Plan
OR Quarter
Section
Township
Range
AMENDMENT INFORMATION
What is the proposed amendment?
Text Amendment
Land Use Redesignation
C I T Y O F B R O O K S
A P P L I C A T I O N F O R A
L A N D U S E B Y L A W A M E N D M E N T
IF "NO" please complete box below
Page 2 of 2
For text amendments to the Land Use Bylaw, attach a description including:
the section to be amended;
the change(s) to the text; and
reasons for the change(s).
Current Land Use Designation:
Proposed Land Use Designation (if applicable):
Map Attached
Please attach a descriptive narrative detailing:
the proposed designation and future land use(s);
if and how the proposed redesignation is consistent with applicable statutory plans;
the compatibility of the proposal with surrounding uses and zoning;
the development suitability or potential of the site, including identification of any constraints and/or hazard
areas (e.g. easements, soil conditions, topography, drainage, etc.);
availability of facilities and services (sewage disposal, domestic water, gas, electricity, fire and police
protection, schools, etc.) to serve the subject property while maintaining adequate levels of service to existing
development; and
any potential impacts on public roads.
In addition to the descriptive narrative, an Area Structure Plan or Conceptual Design Scheme may be required in
conjunction with this application where deemed appropriate by Council.
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application. I also consent to an authorized person designated by the municipality to enter upon the subject
land and buildings for the purpose of an inspection during the processing of this application.
APPLICANT
Registered Owner (if not the same as applicant)
TERMS:
1.
Although the Designated Officer is in a position to advise on the principle or details of any proposals, such advice
must not be taken in any way as official consent, and is without prejudice to any decision in connection with the
formal application. It must be clearly understood that any action taken by the applicant before a Development
Permit is received, is their own risk.
2.
Plans and drawings, in sufficient detail to enable adequate consideration of the application, must be submitted in
duplicate with this application, together with a plan sufficient to identify the land. Plans and drawings should be
on a scale appropriate to the Development. However, unless otherwise stipulated, it is not necessary for plans and
drawings to be professionally prepared.
3.
Pursuant to the Municipal Development Plan, an Area Structure Plan may be required by Council before a decision
is made.
4.
The designated Officer may request additional diagrams, reports or other information to be provided by the
applicant in order to assist in evaluating the application.
IF TEXT AMENDMENT:
IF LAND USE REDESIGNATION:
Signage | 2
City of Brooks Land Use Bylaw No. 14/12
APPENDICES
APPENDIX B: FEES
New Single Family Dwelling
$150
New Multi Unit Dwelling (duplex/townhouse/
$150 for the first unit plus
apartment)
$100 for each additional unit
to a maximum of four (4)
Accessory Building/Structure over 10m2
$150
Additions/Secondary Suites
$100
Home Occupation 2
$100
Home Occupation 3
$200
Demolition Permit
$150
Discretionary Uses (includes variances)
in addition to any other fee
$200
Minor Variance for permitted uses (includes all)
in addition to any other fee
$75
Major Variance for permitted uses (includes all)
in addition to any other fee
$200
New Construction/Additions
< 5,000 sqft (gfa)
$250
5,001 - 20,000 sqft
$350
20,001 - 50,000 sqft
$550
> 50,000 sqft
$1,000
Intensification of Use
$250
Shipping Container
$100
Demolition Permit
$150
Discretionary Uses (including variances)
in addition to any other fee
$200
Minor Variance for permitted uses (includes all)
in addition to any other fee
$75
Major Variance for permitted uses (includes all)
in addition to any other fee
$200
Change in Use
$100
New Use
$100
Sign Permits
$80
LUB Amendment
$800
Outline Plan Adoption
$1,000
ASP Amendment
$800
ASP Adoption
$1,500
MDP/IMDP Amendment
$800
SDAB Appeal
$150 (if appellant is successful, fee is refunded)
Subdivision Application
$800 plus $400 per new lot
Subdivision Time Extension (1st Request)
$375
Subdivision Time Extension (2nd Request)
$475
Subdivision Time Extension (3rd Request)
$575
Subdivision Endorsement
$250 per lot
Recirculation Fee
$400
Condominium Application
$40 per unit
Land Title Search
$25
Certificate of Compliance
$75
Records Search
$125
Request for Extension
6 months
$0
Additional 6 months
10% of permit fee, minimum $125
Alternative Solutions / Variances
$150/hour, minimum 2 hour charge
Additional Work Found During Inspection
$75
Changes to Drawings or Design After Permit Issuance
$150
Planning and Permitting Application Fee Schedule (effective January 1 2026)
Residential Development Permits
Non-Residential Development Permits
Planning Applications
Records Searches
Miscellaneous Building, Gas, Electrical Fees
Minimum Fee
$225
New Construction
$7.00 per $1000 of Project Value
Additions
$7.00 per $1000 of Project Value
Accessory Structures
$7.00 per $1000 of Project Value
Structural Alterations/Basement Development/Decks/Secondary Suites
$7.00 per $1000 of Project Value
Wood Burning Stove/Fire Place
$225
Hot Tub/Swimming Pool
$225
Alternate Energy Permits
$225
Demolition Permit
$225
Additional Inspection Requested or Re-Inspection Required
$125
Safety Code Council Levy
4% of building permit fee up to a maximum of $560
Minimum Fee
$300
New Construction/Additions/Structural Alterations
$7.00 per $1000 of Project Value
Shipping Container
$300
Change in Classification/Occupancy
in addition to any other fee
$260
Demolition Permit
$300
Alternate Energy Permits
$7.00 per $1000 of Project Value
Fire Supression/Sprinkler System/HVAC Installation
$7.00 per $1000 of Project Value
Additional Inspection Requested or Re-Inspection Required
$125
Safety Code Council Levy
4% of building permit fee to a maximum of $560
Up to 1000 sqft
$225
1001-1200 sqft
$250
1201-1500 sqft
$275
1501-2000 sqft
$300
2001-2500 sqft
$325
Over 2500 sqft
$325 plus $0.10 per sqft
Temporary Power/ Underground Service
$225
Permanent Service Connection
$225
Alternate Energy (Solar, Wind)
$225
Additional Inspection Requested or Re-Inspection Required
$125
Safety Code Council Levy
4% of electrical permit fee up to a maximum of $560
$0.00 - $2,500 Installation Cost
$225
$2,501 - $5,000 Installation Cost
$250
$5,001 - $7,500 Installation Cost
$300
$7,501 - $10,000 Installation Cost
$350
$10,001 - $20,000 Installation Cost
$475
$20,001 - $30,000 Installation Cost
$600
$30,001 - $40,000 Installation Cost
$725
$40,001 - $50,000 Installation Cost
$875
$50,001 - $100,000 Installation Cost
$1,100
$100,001 - $250,000 Installation Cost
$1,300
$250,001 - $350,000 Installation Cost
$1,650
$350,001 - $500,000 Installation Cost
$1,900
$500,001 - $750,000 Installation Cost
$2,500
$750,001 - $1,000,000 Installation Cost
$3,000
Greater than $1,000,000
Divide total installation cost by $1,000 and
then multiply by 3.000
Annual Electrical Maintenance
$375
Additional Inspection Requested or Re-Inspection Required
$125
Safety Code Council Levy
4% of electrical permit fee up to a maximum of $560
Residenital and Non-Residential Installations
Up to 20 fixtures
$225
Over 20 fixtures
$225 plus $5.00 per fixture
Additional Inspection Requested or Re-Inspection Required
$125
Safety Code Council Levy
4% of plumbing permit fee up to a maximum of $560
Residential Installations
1-5 Outlets
$225
6-10 Outlets
$250
11-15 Outlets
$275
Non-Residential Building Permits
Electrical Permits New Single Family Dwellings, Additions, Residential Connections
Plumbing Permits
Residential Gas Permits
Electrical Permits Other than Single Family Dwellings, Additions and Residential Connections
Residential Building Permits
16-20 Outlets
$325
Over 20 Outlets
$325 plus $10 per outlet over 20
Propane Tank Set
In addition to permit fee for number of outlets
$225
Temporary Heat
$225
Additional Inspection Requested or Re-Inspection Required
$125
Safety Code Council Levy
4% of gas permit fee up to a maximum of $560
New and Replacement Installations
0 - 400,000 BTU
$225
400,001 - 750,000 BTU
$275
750,001 - 1,000,000 BTU
$350
1,000,001 - 2,000,000 BTU
$375
Over 2,000,000 BTU
$375 plus $7 per 100,000 (or portion
of) over 2,000,000 BTU
Propane Tank Set
In addition to permit fee for BTU input
$225
Temporary Heat (Propane Installation)
$250
Propane Cylinder Refill Centre
$250
Additional Inspection Requested or Re-Inspection Required
$125
Safety Code Council Levy
4% of gas permit fee up to a maximum of $560
Where development commences before a permit is issued, the permit fee is doubled.
Non-Residential Gas Permits (Mutli-Family, Commercial, Industrial, Institutional)
APPENDICES
APPENDIX C: BYLAWS