This is the exact embedded text of the captured official document.
Snapshot da500c697c8d · verified 2026-09-27 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
TOWN OF BRUDERHEIM
Land Use Bylaw
Bylaw No. 11-2026
LAND USE BYLAW NO. 11-2026
i
TABLE OF CONTENTS
1
GENERAL ADMINISTRATIVE PROCEDURES................................................................ 1
1.1
TITLE................................................................................................................................... 1
1.2
PURPOSE ........................................................................................................................... 1
1.3
APPLICATION .................................................................................................................... 1
1.4
CONFORMITY WITH THE BYLAW ................................................................................... 1
1.5
COMPLIANCE WITH OTHER LEGISLATION ................................................................... 2
1.6
SEVERABILITY CLAUSE ................................................................................................... 2
1.7
EFFECTIVE DATE.............................................................................................................. 2
1.8
REPEAL .............................................................................................................................. 2
1.9
INTERPRETATION AND DEFINITIONS............................................................................ 2
2
APPROVING AUTHORITIES ............................................................................................. 4
2.1
DEVELOPMENT AUTHORITY ........................................................................................... 4
2.2
DEVELOPMENT OFFICER ................................................................................................ 4
2.3
COUNCIL ............................................................................................................................ 5
2.4
SUBDIVSION AUTHORITY ................................................................................................ 5
2.5
SUBDIVISION AND DEVELOPMENT APPEAL BOARD .................................................. 5
2.6
MUNICIPAL PLANNING COMMISSION ............................................................................ 5
3
DEVELOPMENT PERMITS, RULES, AND PROCEDURES ............................................ 7
3.1
CONTROL OF DEVELOPMENT ........................................................................................ 7
3.2
DEVELOPMENT NOT REQUIRING A PERMIT ................................................................ 7
3.3
NON-CONFORMING BUILDINGS AND USES ............................................................... 10
3.4
GENERAL DEVELOPMENT PERMIT APPLICATION REQUIREMENTS ...................... 11
3.5
CANNABIS PRODUCTION AND DISTRIBUTION FACILITY AND INDUSTRIAL
HEMP PRODUCTION AND DISTRIBUTION FACILITY DEVELOPMENT
PERMIT APPLICATION REQUIREMENTS ..................................................................... 14
3.6
COMMERCIAL & RECREATION DEVELOPMENT PERMIT APPLICATION
REQUIREMENTS ............................................................................................................. 14
3.7
EXCAVATION AND STRIPPING OF LAND DEVELOPMENT PERMIT
APPLICATION REQUIREMENTS .................................................................................... 15
3.8
INDUSTRIAL DEVELOPMENT PERMIT APPLICATION REQUIREMENTS ................. 16
TOWN OF BRUDERHEIM
ii
3.9
MULTI-DWELLING DEVELOPMENT PERMIT APPLICATION REQUIREMENTS ........ 16
3.10
WIND ENERGY CONVERSION SYSTEM DEVELOPMENT PERMIT
APPLICATION REQUIREMENTS .................................................................................... 17
3.11
DEVELOPMENT PERMIT COMPLETE APPLICATION.................................................. 18
3.12
DEVELOPMENT PERMIT INCOMPLETE APPLICATION .............................................. 18
3.13
REFERRAL OF APPLICATION ........................................................................................ 19
3.14
DEVELOPMENT PERMIT APPLICATION DECISIONS.................................................. 19
3.15
VARIANCE POWERS ...................................................................................................... 21
3.16
DEVELOPMENT PERMIT CONDITIONS ........................................................................ 22
3.17
NOTICE OF DECISION .................................................................................................... 23
3.18
DEVELOPMENT PERMIT DEEMED REFUSED ............................................................. 24
3.19
ISSUANCE AND VALIDITY OF DEVELOPMENT PERMITS.......................................... 24
3.20
SUSPENSION OR REVOKING OF A DEVELOPMENT PERMIT .................................. 25
3.21
COMPLIANCE CERTIFICATE ......................................................................................... 25
4
APPEALS ......................................................................................................................... 27
4.1
DEVELOPMENT APPEALS AND PROCEDURES ......................................................... 27
4.2
SUBDIVSION AND DEVELOPMENT APPEAL BOARD HEARING ............................... 28
4.3
SUBDIVISION AND DEVELOPMENT APPEAL BOARD DECISION ............................. 29
5
AMENDMENT TO THE LAND USE BYLAW .................................................................. 31
5.1
BYLAW AMENDMENTS ................................................................................................... 31
5.2
CONTENTS OF AN AMENDMENT APPLICATION ........................................................ 31
5.3
THE AMENDMENT PROCESS ........................................................................................ 32
5.4
PUBLIC HEARING PROCESS ......................................................................................... 33
6
ENFORCEMENT, PENALTIES, AND FINES .................................................................. 34
6.1
CONTRAVENTION AND STOP ORDERS ...................................................................... 34
6.2
ENFORCEMENT .............................................................................................................. 35
6.3
VIOLATION TICKETS AND FINES .................................................................................. 36
7
GENERAL PROVISIONS ................................................................................................. 37
7.1
ACCESSORY BUILDINGS ............................................................................................... 37
7.2
APPLICANT'S RESPONSIBILITY .................................................................................... 39
LAND USE BYLAW NO. 11-2026
iii
7.3
CORNER AND DOUBLE FRONTING LOTS IN RESIDENTIAL DISTRICTS ................. 40
7.4
CORNER SITES AND SITE LINE PROTECTION ........................................................... 41
7.5
DESIGN, CHARACTER AND APPEARANCE OF BUILDINGS ...................................... 43
7.6
DEVELOPMENT AND ACCESS PERMIT REQUIREMENTS ADJACENT TO
MUNICIPAL ROADS AND HIGHWAYS ........................................................................... 44
7.7
DEVELOPMENT SETBACK REQUIREMENTS .............................................................. 44
7.8
DRIVEWAY/ACCESS TO A PARCEL .............................................................................. 45
7.9
DWELLING UNITS ON A PARCEL .................................................................................. 45
7.10
EXISTING SUBSTANDARD LOTS .................................................................................. 45
7.11
FENCES, WALLS AND HEDGES .................................................................................... 46
7.12
GARBAGE STORAGE ..................................................................................................... 48
7.13
HEIGHT ............................................................................................................................. 48
7.14
LANDSCAPING AND AMENITY AREA REQUIREMENTS ............................................. 48
7.15
LIVESTOCK ...................................................................................................................... 51
7.16
OBJECTS PROHIBITED OR RESTRICTED IN YARDS ................................................. 52
7.17
ON-SITE AND OFF-SITE SERVICES AND IMPROVEMENTS ...................................... 53
7.18
PARKING AND LOADING REGULATIONS .................................................................... 54
7.19
PIPELINE AND OTHER UTILITY CORRIDOR SETBACKS ........................................... 59
7.20
PROJECTIONS INTO YARDS ......................................................................................... 59
7.21
SITE CIRCULATION......................................................................................................... 60
7.22
SITE CONDITIONS AND BUFFERING REQUIREMENTS ............................................. 60
7.23
SITE LIGHTING ................................................................................................................ 63
7.24
SITE PROTECTION FROM EXPOSURE HAZARDS ...................................................... 63
7.25
SUBDIVISION OF LAND .................................................................................................. 64
7.26
WATER SUPPLY AND SANITARY FACILITIES ............................................................. 64
8
SPECIAL PROVISIONS ................................................................................................... 65
8.1
ADULT ENTERTAINMENT ESTABLISHMENTS ............................................................ 65
8.2
ALCOHOL RETAIL SALES .............................................................................................. 65
8.3
BARE LAND CONDOMINIUMS ....................................................................................... 65
8.4
BED AND BREAKFAST OPERATIONS .......................................................................... 66
8.5
CAMPGROUNDS ............................................................................................................. 66
TOWN OF BRUDERHEIM
iv
8.6
CANNABIS PRODUCTION AND DISTRIBUTION FACILITY ......................................... 69
8.7
CANNABIS RETAIL SALES ............................................................................................. 71
8.8
CAR WASH ....................................................................................................................... 72
8.9
CONFINED FEEDING OPERATIONS AND MANURE STORAGE FACILITIES ............ 72
8.10
CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN ................................... 73
8.11
DRIVE - IN (THROUGH) ORIENTED BUSINESSES ..................................................... 73
8.12
HOME OCCUPATIONS .................................................................................................... 73
8.13
INDUSTRIAL DEVELOPMENT ........................................................................................ 75
8.14
INDUSTRIAL HEMP PRODUCTION AND DISTRIBUTION FACILITY ........................... 76
8.15
MANUFACTURED HOME PARK ..................................................................................... 77
8.16
MANUFACTURED HOMES ............................................................................................. 78
8.17
MOTELS AND HOTELS ................................................................................................... 80
8.18
NEIGHBOURHOOD COMMERCIAL DEVELOPMENTS ................................................ 81
8.19
PET KEEPING AND ANIMAL BREEDING AND/OR BOARDING FACILITIES .............. 81
8.20
PLACES OF WORSHIP ................................................................................................... 83
8.21
RECREATIONAL USES ................................................................................................... 83
8.22
RECREATIONAL VEHICLES ........................................................................................... 83
8.23
RELOCATION OF BUILDINGS & MOVED ON MODULAR HOUSING .......................... 83
8.24
RESIDENTIAL USES ....................................................................................................... 85
8.25
SATELLITE DISHES......................................................................................................... 85
8.26
SERVICE STATIONS AND GAS BARS........................................................................... 85
8.27
SHIPPING CONTAINERS ................................................................................................ 87
8.28
SHOW HOMES ................................................................................................................. 87
8.29
SMALL RADIO COMMUNICATION TOWER .................................................................. 88
8.30
SOLAR ENERGY COLLECTION SYSTEMS ................................................................... 89
8.31
SUITE, GARAGE .............................................................................................................. 89
8.32
SUITE, GARDEN .............................................................................................................. 90
8.33
SUITE, IN-LAW ................................................................................................................. 91
8.34
SUITE, SECONDARY ...................................................................................................... 92
8.35
SUITE, SURVEILLANCE .................................................................................................. 93
LAND USE BYLAW NO. 11-2026
v
8.36
SWIMMING POOLS AND HOT TUBS ............................................................................. 93
8.37
TELECOMMUNICATION TOWERS ................................................................................ 94
8.38
WIND ENERGY CONVERSION SYSTEMS, LARGE ...................................................... 94
8.39
WIND ENERGY CONVERSION SYSTEMS, MICRO ...................................................... 96
8.40
WIND ENERGY CONVERSION SYSTEMS, SMALL ...................................................... 97
9
SIGNS ............................................................................................................................... 98
9.1
LIMITATIONS.................................................................................................................... 98
9.2
INFORMATION REQUIREMENTS FOR A DEVELOPMENT PERMIT FOR A
SIGN.................................................................................................................................. 98
9.3
SIGNS AS PERMITTED OR DISCRETIONARY USES .................................................. 99
9.4
PROCEDURES FOR THE CONSIDERATION OF DEVELOPMENT PERMIT
APPLICATIONS FOR SIGNS ........................................................................................... 99
9.5
GENERAL SIGN REGULATIONS .................................................................................... 99
9.6
CARE AND MAINTENANCE OF SIGNS ....................................................................... 100
9.7
TYPE OF SIGNS ............................................................................................................ 100
9.8
SIGNS IN OR ADJACENT TO RESIDENTIAL DISTRICTS .......................................... 105
9.9
SIGNS RELATING TO INSTITUTIONAL USES ............................................................ 106
10
LAND USE DISTRICTS ................................................................................................. 107
10.1
ESTABLISHMENT OF LAND USE DISTRICTS ............................................................ 107
10.2
R1 - LOW DENSITY RESIDENTIAL DISTRICT............................................................ 109
10.3
R2 - MEDIUM DENSITY RESIDENTIAL DISTRICT ..................................................... 112
10.4
R3 - HIGH DENSITY RESIDENTIAL DISTRICT ........................................................... 115
10.5
MHS - MANUFACTURED HOME SUBDIVISION DISTRICT ....................................... 117
10.6
MHP - MANUFACTURED HOME PARK DISTRICT ..................................................... 119
10.7
C1 - DOWNTOWN COMMERCIAL DISTRICT ............................................................. 122
10.8
C2 - GENERAL COMMERCIAL DISTRICT .................................................................. 125
10.9
C3 - MIXED USE DISTRICT .......................................................................................... 127
10.10 BST - BUSINESS SERVICE TRANSITION DISTRICT ................................................ 129
10.11 M1 - INDUSTRIAL DISTRICT ........................................................................................ 131
10.12 P - PARKS AND RECREATION DISTRICT .................................................................. 134
10.13 IPS - INSTITUTIONAL AND PUBLIC SERVICE DISTRICT ......................................... 136
TOWN OF BRUDERHEIM
vi
10.14 U - UTILITIES DISTRICT ............................................................................................... 138
10.15 UR - URBAN RESERVE DISTRICT .............................................................................. 139
10.16 DC - DIRECT CONTROL DISTRICT ............................................................................. 140
11
DEFINITIONS ................................................................................................................. 142
11.1
DEFINITIONS ................................................................................................................. 142
12
LAND USE DISTRICT MAP ........................................................................................... 182
LIST OF MAPS
Map 1 - Town of Bruderheim Land Use Bylaw Map ................................................................................. 183
LAND USE BYLAW NO. 11-2026
GUIDE TO USING TOWN OF BRUDERHEIM LAND USE BYLAW
The Land Use Bylaw establishes the regulations on how land can be developed (that is, how land can be
used, and buildings can be either constructed or relocated) in the Town of Bruderheim. Regulations vary
depending on the location and types of development. Other Bylaws or regulations of the Town, Province
or Federal Government must also be followed.
There are several parts of the Land Use Bylaw that need to be examined to understand how it works.
Firstly, the Land Use Bylaw map divide the Town into various Land Use Districts. Secondly, the text of the
Land Use Bylaw details the uses that are allowed in each District. Thirdly, the text provides additional
regulations that apply to certain uses and/or within certain Districts. The following steps may assist the
user:
1. Locate the subject property on the Land Use District map. This map divides the Town into various
Land Use Districts. Each Land Use District has a designation such as "R1" for LOW DENSITY
RESIDENTIAL or "C1" for DOWNTOWN COMMERCIAL. Take note of which Land Use District the
subject property is located in. Also note if the subject property is affected by an Area Structure Plan
which may modify some of the uses and regulations of the Land Use Bylaw or impose additional
regulations. PLEASE NOTE: Land Use Districts are often referred to as "Zones" or "Zoning." In
order to conform to the language of the Municipal Government Act, this document uses the
terms "District" and "Districting."
2. Check the table of contents and locate the Land Use District you are interested in. Each Land Use
District is listed in Section 10. In each Land Use District, you will find a list of permitted and
discretionary uses, subdivision regulations, development regulations and other miscellaneous
regulations. This determines how and what can be developed in any given Land Use District. There
are definitions in Section 11 that should also be consulted to ensure that words and terms used in
the Land Use Bylaw are understood.
3. Review the table of contents to see if there are any general regulations that apply to the situation or
use in question. For example, Section 6 describes the enforcement procedure. Section 7.0 contains
general regulations and Section 8.0 contains regulations for specific land uses.
4. Discuss your proposal/concern with Planning and Development staff. Town staff are well trained and
eager to assist you with your development/subdivision or general inquiry issues and to explain
procedures. They can also assist with other situations such as enforcement or a Land Use Bylaw
amendment.
NOTE: THIS PAGE IS INTENDED ONLY TO ASSIST USERS AND DOES NOT FORM PART OF THIS
BYLAW.
LAND USE BYLAW NO. 11-2026
1
1
GENERAL ADMINISTRATIVE
PROCEDURES
1.1
TITLE
1.1.1
The title of this Bylaw shall be the Land Use Bylaw of the Town of Bruderheim.
1.2
PURPOSE
1.2.1
The purpose of this Bylaw is to regulate the use and development of land and buildings within
the Town to achieve the orderly and economic development of land, and for that purpose,
amongst other things:
to divide the Town into districts;
to prescribe and regulate for each district the purposes for which land and buildings may be
used;
to establish a method of making decisions on applications for development permits including
the issuing of development permits;
to provide the manner in which notice of the issuance of a development permit is to be
given;
to implement the policies of the statutory plans of Town of Bruderheim;
to establish supplementary regulations governing certain specific land uses; and
to establish the procedures for making amendments to this Bylaw.
1.3
APPLICATION
1.3.1
The provisions of this Bylaw apply to all lands and buildings located within the Town of
Bruderheim municipal boundaries pursuant to Part 17 of the Municipal Government Act. In
referencing the Municipal Government Act, all amendments to the Municipal Government Act
shall be in effect.
1.4
CONFORMITY WITH THE BYLAW
1.4.1
No person shall commence any development within the Town of Bruderheim unless it is in
conformance with the terms and conditions of this Bylaw.
TOWN OF BRUDERHEIM
2
1.5
COMPLIANCE WITH OTHER LEGISLATION
1.5.1
In addition to the requirements of this Bylaw, an applicant must comply with any Federal,
Provincial or Municipal legislation including requirements of a Development Permit or
Agreement.
1.5.2
The applicant/landowner must also comply with the conditions of any easement or covenant
which affects the development or subdivision.
1.6
SEVERABILITY CLAUSE
1.6.1
The invalidity or unenforceability of any provisions of this Land Use Bylaw shall not affect the
validity or enforceability of any other provision of this Agreement, which shall remain in full force
and effect.
1.7
EFFECTIVE DATE
1.7.1
This Bylaw comes into effect upon the date of its third and final reading by Council and signing.
1.8
REPEAL
1.8.1
Upon coming into force on receiving Third and Final reading by Council this Bylaw repeals Land
Use Bylaw 33-2015 and any resolutions made thereunder or amendments thereto, which shall
cease to have effect on the day this Bylaw comes into force.
1.9
INTERPRETATION AND DEFINITIONS
1.9.1
Interpretation
The Bylaw contains "shall", "must" and "may" policies which are interpreted as follows:
i.
"Shall" and "must" policies are required to be complied with; and
ii. "May" policies indicate support in principle subject to the applicable authority
determining the level of compliance that is required.
Words, phrases and terms not defined in this part may be given their definition within the
Municipal Government Act or the Alberta Building Code. All other words shall be interpreted
with their customary dictionary meaning.
Words used in the present tense also include all other tenses and derivative forms. Words
used in the singular shall also the include plural and vice-versa.
LAND USE BYLAW NO. 11-2026
3
All metric values within this Bylaw take precedence over imperial values, which are shown
for convenience purposes only. Metric values shall be rounded up to the nearest one (1)
decimal place.
Where uncertainty exists as to the boundaries of districts as shown on the Land Use District
Map, the following rules shall apply:
i.
Where a boundary is shown as following a street, lane, stream or canal, it shall be
deemed to follow the centre line thereof;
ii. Where a boundary is shown as approximately following a lot line, it shall be deemed to
follow the lot line; and
iii. In circumstances not covered by Section 1.9.1.l.i. and 1.9.1.l.ii. above, the location of the
district boundary shall be determined:
I)
Where dimensions are set out on the Land Use District with respect to such
boundary, by measurement of and use of the scale shown on the Land Use District
Map; or
II) Where no dimensions are set out on the Land Use District with respect to such
boundary, by measurement of and use of the scale shown on the Land Use District
Map.
TOWN OF BRUDERHEIM
4
2
APPROVING AUTHORITIES
2.1
DEVELOPMENT AUTHORITY
2.1.1
The Development Authority is hereby established.
2.1.2
The Development Authority shall be:
The Chief Administrative Officer; and
Council for all development decisions within Direct Control Districts, unless otherwise
delegated within the provisions of that District.
2.1.3
The Development Authority shall perform such duties that are specified in this Bylaw.
2.1.4
The Development Authority shall keep a register of all applications for development, the
decisions thereon and the reasons therefore, and all orders for a minimum period of seven (7)
years
2.2
DEVELOPMENT OFFICER
2.2.1
The position of Development Officer is hereby established.
2.2.2
The Development Officer is hereby declared to be a designated officer for the purposes of
inspection, remedy, enforcement or action pursuant to the MGA.
2.2.3
The Development Officer may sign any order, decision, approval, notice or other thing made or
given by it.
2.2.4
The Development Officer shall:
Keep and maintain for the inspection of the public during all reasonable hours, a copy of this
Bylaw and all amendments thereto;
Receive, consider and decide on applications for a development permit;
Determine whether an application for a development permit is complete in accordance with
the information requirements of this Bylaw;
Review each development permit application to determine its appropriate use definition;
Issue decisions and state terms and conditions for development permit applications for those
uses listed as Permitted Uses in the applicable land use district;
Issue decisions and state terms and conditions for development permit applications for those
uses listed as Discretionary Uses in the applicable land use district;
LAND USE BYLAW NO. 11-2026
5
Issue decisions and state terms and conditions for development permit applications for those
uses listed as Permitted Uses and Discretionary Uses in the applicable land use district
which require a variance subject to Section 3.12;
Provide notice of decisions on development permit applications in accordance with the
notification requirements of this Bylaw;
Carry out their duties as prescribed in the Municipal Government Act with regard to appeals
or, designate a person to do the same;
Perform such duties as established to enforce this Bylaw, and amendments thereto, in
conformance with the Municipal Government Act;
Refer any development permit application decision to the MPC;
Refer to the Council for its consideration and decision all applications for a discretionary use
or any development permit application within a Direct Control (DC District); and
Issue decisions for development applications for those uses listed in Direct Control District(s)
when directed to do so by Council.
2.2.5
The Development Officer may:
Issue a letter of compliance to an applicant stating whether or not a particular development
conforms to this Bylaw.
2.3
COUNCIL
2.3.1
The Council of Town of Bruderheim shall perform such duties as are specified for it in this Bylaw.
2.4
SUBDIVSION AUTHORITY
2.4.1
The Subdivision Authority shall perform such duties as are specified in this Bylaw and Bylaw 09-
2024.
2.5
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
2.5.1
The Subdivision and Development Appeal Board established by Bylaw shall perform such duties
as specified in Bylaw 06-2026, as amended or replaced from time to time, and the Municipal
Government Act.
2.6
MUNICIPAL PLANNING COMMISSION
2.6.1
The Municipal Planning Commission (MPC) is established by the Municipal Planning
Commission Bylaw.
TOWN OF BRUDERHEIM
6
2.6.2
The MPC shall perform such duties as are specified within this Bylaw and as specified in the
Municipal Planning Commission Bylaw.
2.6.3
The MPC shall:
Decide upon all development permit applications referred to it by the Development Authority;
and
Perform such other duties as described in this Bylaw, the Municipal Planning Commission
Bylaw, or as may be assigned to it by the Town Council.
LAND USE BYLAW NO. 11-2026
7
3
DEVELOPMENT PERMITS, RULES, AND
PROCEDURES
3.1
CONTROL OF DEVELOPMENT
3.1.1
Within a Direct Control District, no development shall be undertaken unless an application for the
development has been approved, and the Development Authority has issued a development
permit for the development.
3.1.2
Within the other Districts, no development other than that designated in Section 3.2 shall be
undertaken within the municipality unless a development permit authorizing the use and
development has been approved and issued and has come into effect.
3.1.3
Notwithstanding Section 3.1.1, where a variance to any regulation in this Bylaw is required for
any development listed in Section 3.2, a development permit is required.
3.1.4
Nothing in this Bylaw affects the obligation to obtain any other permit, licence or authorization
required by a bylaw, act, or regulation, including the Safety Codes Act.
3.2
DEVELOPMENT NOT REQUIRING A PERMIT
3.2.1
Except in the Direct Control District(s), no development permit will be required for any of the
following types of development provided that such development complies with all applicable
provisions of this Bylaw:
the use of a building or part thereof as a temporary polling station, returning officer's
headquarters, reviewing officer's headquarters, candidate's campaign offices and any other
temporary official use in connection with the federal, provincial, or municipal election,
referendum or census;
internal alterations to a residential building provided that such alterations do not result in
structural alterations or additions which would require a building permit, and/or intensification
or changes in use;
mechanical, electric or maintenance alterations to a building provided that the use or
intensity of the use does not change;
the carrying out of works of maintenance or repair the exterior of any building, provided that
such works do not include structural alterations or major works of renovation that would
require a building permit;
the completion of a building which was lawfully under construction at the date of the first
publication of the notice required by the Municipal Government Act, provided that the
building is completed in accordance with the terms of any permit granted in respect of it and
TOWN OF BRUDERHEIM
8
subject to the conditions to which such permit was granted, and provided also that the
building, whether or not a permit was granted in respect of it, is completed within a period of
twelve (12) months from the said date of the first publication of the notice;
the use of any such buildings as referred to in Section 3.2.1.e) for the purpose for which
construction was commenced;
the erection, construction, or maintenance, improvement or alteration of gates, fences or
walls or other means of enclosure, unless the gate, fence, wall or other means of enclosure
is 2.0 m (6.6 ft) or less in height in side and rear yards and 1.0 m (3.3 ft) or less in height in
front yards; unless:
i.
gates, fences or walls or other means of enclosure the exceeds the regulations indicated
in Section 7.10 of this Bylaw; or
ii. the fencing material is barb wire, or razor wire; and/or
iii. the fence is electrified.
iv. If any of provisions (i through iii) apply, then a development permit is required.
a temporary building or sign, the sole purpose of which is incidental to the erection or
alteration of a building, for which a permit has been issued under this Bylaw. Such building
shall be removed within thirty (30) days of substantial completion of the development or as
determined by the Development Authority;
the maintenance and repair of public works, services and utilities carried out by or on behalf
of federal, provincial and municipal public authorities on land which is publicly owned or
controlled;
the erection of campaign signs for federal, provincial, municipal or school board elections on
privately-owned lots for no more than thirty (30) days, or such time as regulated under
provincial or federal legislation provided that:
i.
such signs are removed within seven (7) days after the election date;
ii. such signs do not obstruct or impair vision or traffic;
iii. such signs are not attached to fences, trees, or utility poles; and
iv. such signs indicate the name and address of the sponsor and the person responsible for
removal;
the placement of one (1) sign on internal sites, or two (2) signs on corner sites advertising a
residential property for sale or rent displayed on the property to which it (or they) pertain(s)
during the time the property is being offered for sale or rent, with removal to be within one
(1) month after the sale or rental agreement has been entered into, provided that such signs
are a maximum of 0.6 m2 (6.5 ft2 ) in area and provided further that such signs are placed or
erected no closer than 3.0 m (9.8 ft) to a road right-of-way;
LAND USE BYLAW NO. 11-2026
9
the placement of temporary signs in any district for no more than thirty (30) days, provided
that such signs are a maximum of 0.6 m2 (6.5 ft2) in area and provided further that such
signs are placed or erected no closer than 3.0 m (9.8 ft) to a road right-of-way;
in a residential district, construction of:
i.
a deck with a height of less than 0.6 m (2.0 ft) above finished grade;
ii. a patio;
iii. a barbeque; or
iv. an accessory building no more than 10.0 m2 (107.0 ft2) in floor area not exceeding 2.5
m (8.0 ft) in height, provided it conforms with Section 7.1;
and which satisfy all the setback requirements of this Bylaw;
one satellite dish antennae, less than 1.0 m (3.3 ft) in diameter, per parcel provided it is sited
to the satisfaction of the Development Authority;
the stripping or stockpiling of soil, installation of utilities and construction of roads in
conjunction with a development for which a development permit has been issued as per the
requirements of this Bylaw;
landscaping where the existing grade and natural surface and drainage pattern is not
materially altered, except where landscaping forms part of a development, which requires a
development permit;
the demolition or removal of any building or structure for which erection a development
permit would not be required pursuant this section;
those developments specific in the Municipal Government Act and the Planning Exemption
Regulation;
the erection of one non-illuminated sign, erected on-site, as described below for each use
within a building or parcel, provided such sign does not resemble or conflict with any traffic
sign:
i.
a fascia sign for the purpose of identification, direction, or warning not exceeding 0.2 m2
(2.15 ft2) in area;
ii. a fascia sign relating to a person, partnership or company operating a profession,
business or trade, not exceeding 0.3 m2 (3.23 ft2) in area;
iii. a fascia or freestanding sign relating to a religious, educational, cultural, recreational or
similar character institution, or to a residential or apartment block, not exceeding 1.0 m2
(10.76 ft2) in area; and
iv. a portable sign not exceeding 4.5 m2 (48.44 ft2) relating to:
I)
Sale of land or buildings in commercial or industrial districts;
II) Sale of goods or livestock by auction;
III) Informing the public of a carrying out of a construction; and
TOWN OF BRUDERHEIM
10
IV) Announcement of any local event of a religious, political, governmental, educational
or cultural nature.
a minor home occupation provided that:
i.
No individual other than the permanent resident of the dwelling unit operates the home
occupation or home office;
ii. No client or customer is received at the dwelling unit for business purposes;
iii. The home occupation or home office does not generate any vehicular traffic nor require
any additional parking;
iv. There are no on-site exterior displays or advertisements of the home occupation or
home offices, and the home address is not advertised to the public in any form;
v. No equipment, materials, goods or finished products for business purposes are stored
on-site; and
vi. Does not occupy more than 14.0 m2 (150.7 ft2) of the gross floor area within the
dwelling unit.
3.3
NON-CONFORMING BUILDINGS AND USES
3.3.1
A non-conforming use of land or a building may be continued, but if that use is discontinued for a
period of six (6) consecutive months or more, any future use of the land or building must
conform with this Bylaw.
3.3.2
A non-conforming use of part of a building may be extended throughout the building but the
building, whether or not it is a non-conforming building, may not be enlarged or added to and no
structural alterations may be made to it or in it.
3.3.3
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.
3.3.4
A non-conforming building may continue to be used but the building may not be enlarged, added
to, rebuilt or structurally altered except:
to make it a conforming building,
for the routine maintenance of the building, if the Development Authority considers it
necessary, or
in accordance with the powers possessed by the Development Authority pursuant to the
Municipal Government Act and Section 2.1 of this Bylaw to approve a development permit
notwithstanding any non-compliance with the regulations of this Bylaw.
LAND USE BYLAW NO. 11-2026
11
3.3.5
Pursuant to the Municipal Government Act, when:
on or before the day on which this Bylaw or any Bylaw for the amendment thereof comes
into force, a development permit has been issued; and
the enactment of the Bylaw would render the development in respect of which the permit
was issued a non-conforming use or non-conforming building;
the development permit continues in effect.
3.3.6
If a non-conforming building is damaged or destroyed to the extent of more than seventy-five
percent (75%) of the value of the building above its foundation, the building may not be repaired
or rebuilt except in accordance with this Bylaw.
3.3.7
The use of land or the use of a building is not affected by a change of ownership, tenancy, or
occupancy of the land or building.
3.4
GENERAL DEVELOPMENT PERMIT APPLICATION
REQUIREMENTS
3.4.1
An application for a development permit shall be made to the Development Authority in writing,
on the application form provided by the municipality and shall be accompanied by:
a site plan, to scale, showing:
i.
the legal description;
ii. north arrow;
iii. municipal address;
iv. location and dimensions of property lines;
v. existing utility rights-of-way and easements;
vi. fences;
vii. driveways;
viii. paved areas;
ix. proposed front,
x. rear, and side yards, if any;
xi. any provisions for off-street loading and vehicle parking;
xii. access and egress points to the site; and
xiii. any encumbrance such as rights-of-way;
TOWN OF BRUDERHEIM
12
existing and proposed building dimensions, to scale, including, but not limited to, the house,
garage, decks and any covered structures such as car ports;
a statement of existing and proposed uses;
a statement of ownership of the land and the interest of the applicant therein;
the signatures of at least one of the registered landowners listed on the Certificate of Title;
the estimated commencement and completion dates;
the estimated cost of the project or contract price;
an application fee as established by resolution of Council;
written consent from the registered owner authorizing the right-of-entry by the Development
Authority to such lands or buildings as may be required for investigation of the proposed
development; and
any other information as required by the Development Authority.
3.4.2
In addition to the development permit application requirements stipulated in Section 3.3.2, the
Development Authority may also require additional information in order to assess the conformity
of a proposed development with this Bylaw before consideration of the development permit
application shall commence. Such information may include:
floor plans;
elevations and sections of any proposed buildings;
a Real Property Report, or other documentation indicating the exact location of all structures
on the property (prepared within the last five (5) years), in a form that is acceptable to the
Development Authority;
the type and location of water supply and sewage and wastewater disposal facilities;
drainage, grading and landscaping plans which provide pre- and post-construction site
elevations;
a storm water management plan approved by Alberta Environment and Protected Areas (or
other appropriate provincial authority);
a certified geotechnical report prepared, stamped and signed by a qualified professional
registered in the Province of Alberta in potentially hazardous or unstable areas;
a certified biophysical assessment prepared, stamped and signed by a professional
registered in the Province of Alberta, on the impacts of the proposed development on wildlife
habitat or natural environments;
a reclamation plan for aggregate extraction or site grading and excavation;
an environmental assessment to determine potential contamination and mitigation;
LAND USE BYLAW NO. 11-2026
13
in the case of the placement of an already constructed or partially constructed building on a
parcel of land, information relating to the age and condition of the building and its
compatibility with the District in which it is to be located;
a certified hydro-geological assessment prepared, stamped and signed by a registered
professional engineer or hydrogeologist, registered in the Province of Alberta, of any
potential flooding or subsidence that may, in the sole opinion of the Development Authority,
affect the subject site;
a site plan detailing how vegetation, topography disturbance or erosion is to be minimized;
an environmental impact assessment, prepared by a qualified professional, describing a
development's potential environmental effects;
a cumulative effects assessment prepared, stamped and signed by a registered
professional, registered in the Province of Alberta, describing a development's potential
cumulative effects;
information on abandoned oil and gas wells as required by the Subdivision and
Development Regulation and AER Directive 079;
the identification of all rights-of-way and easements within or abutting the subject property;
and/or
any additional information as the Development Authority deems necessary.
3.4.3
Where, in the opinion of the Development Authority, a proposed development will have a
significant impact on surrounding properties, the Development Authority may require the
applicant hold a public open house to inform affected residents and landowners of the proposed
development, and to provide a written summary of public open house materials and any
comments received at the public open house, prepared to the Development Authority's
satisfaction, prior to considering an application complete.
3.4.4
When, in the opinion of the Development Authority, sufficient details of the proposed
development have not been included with the application for a development permit, the
Development Authority may, at its sole discretion, either return the application to the applicant
for further details or make a decision on the application with the information it has available. An
incomplete application shall be deemed to not have been submitted until all required details
have been provided to the satisfaction of the Development Authority.
3.4.5
The Development Authority may make a decision on an application for a development permit
notwithstanding that any information required or requested has not been submitted.
3.4.6
All applications for development permits on sites adjacent to another municipality shall be
submitted to the other municipality for comments prior to rendering a decision. The Development
Authority shall not be bound by the recommendation of the other municipality.
TOWN OF BRUDERHEIM
14
3.4.7
Establishment of Fees
The Development Permit application fee and fees for other matters arising through this Land
Use Bylaw shall be as established by resolution of Council. Council may at any time by
resolution increase, decrease or establish new fees for matters covered by this Bylaw.
3.5
CANNABIS PRODUCTION AND DISTRIBUTION FACILITY AND
INDUSTRIAL HEMP PRODUCTION AND DISTRIBUTION
FACILITY DEVELOPMENT PERMIT APPLICATION
REQUIREMENTS
3.5.1
In addition to the information requirements indicated in Section 3.4 and Section 3.8, each
application for a cannabis production and distribution facility or industrial hemp production and
distribution facility may be required, at the discretion of the Development Authority, to be
accompanied by the following information:
a waste management plan (including the incineration of waste products);
a water/wastewater plan (including the quantity and characteristics of discharge material);
a stormwater management plan;
a fire safety plan;
a ventilation plan prepared by a qualified professional; and.
any other information as may be reasonably required by the Development Authority.
3.6
COMMERCIAL & RECREATION DEVELOPMENT PERMIT
APPLICATION REQUIREMENTS
3.6.1
In addition to the information requirements indicated in Section 3.4, each application for
commercial or recreation developments may be required, at the discretion of the Development
Authority, to be accompanied by the following information:
physical suitability of site with respect to soils, slopes and drainage;
the size and number of parcels and proposed phasing (if any);
servicing requirements and provisions for meeting them;
estimated water demand and anticipated source;
estimated gas demand and anticipated source;
type of effluent and method of treatment;
type of air emissions and method of abatement;
LAND USE BYLAW NO. 11-2026
15
estimated noise generated by the development and method of abatement;
estimated light generated by the development and (if necessary) method of abatement;
costs associated with providing new or upgraded municipal services associated with the
development;
the requirements and provisions for employee and customer parking and for site access;
a landscaping plan;
cross-sections and elevations for each building;
a list of proposed uses;
transportation routes and estimated traffic impact; and/or
any other information as may be reasonably required by the Development Authority.
3.7
EXCAVATION AND STRIPPING OF LAND DEVELOPMENT
PERMIT APPLICATION REQUIREMENTS
3.7.1
In addition to the information requirements indicated in Section 3.4, the Development Authority
shall require each application for the excavation, stripping, stockpiling or grading of land
proposed without any other development on the same land, to be accompanied by the following
information:
the location of the site, including the municipal address, and legal description;
location and area of the site where the excavation is to take place;
the type of excavation, stripping, or stockpiling proposed, showing the dimensions of the
operation including average depth of the excavation to be done, and the potential, if any, to
affect existing drainage patterns on and off the site;
the depth and variation in depth of groundwater encountered in test holes, if required at the
discretion of the Development Authority;
identification of potential for outdoor noise and the discharge of substances into the air;
drainage and grading plans which provide pre- and post-development site elevations;
a reclamation plan including information regarding the condition in which the site is to be left
when the operation is complete, the action which is to be taken for restoring the condition of
the surface of the land to be affected, and for preventing, controlling or lessening erosion or
dust from the site; and
potential long-term costs of new or upgraded municipal services associated with the
development.
TOWN OF BRUDERHEIM
16
3.8
INDUSTRIAL DEVELOPMENT PERMIT APPLICATION
REQUIREMENTS
3.8.1
In addition to the information requirements indicated in Section 3.4, each application for
industrial development shall be accompanied by the following information:
type of industry;
estimated number of employees;
estimated water demand and anticipated source;
estimated power and gas demand and anticipated source;
type of effluent and method of treatment;
type of air emissions and method of abatement;
estimated noise generated by the development and method of abatement;
estimated light generated by the development and (if necessary) method of abatement;
transportation routes to be used and estimated traffic impact,
reason for specific location;
means of solid waste disposal;
any accessory works required (pipeline, railway spurs, power lines, etc.);
anticipated residence location of employees;
municipal servicing costs associated with the development;
physical suitability of site with respect to soils, slopes and drainage;
if a subdivision is involved, the size and number of parcels and proposed phasing (if any);
servicing requirements and provisions for meeting them;
costs associated with providing new or upgraded municipal services associated with the
development; and
any other information as may be reasonably required by the Development Authority.
3.9
MULTI-DWELLING DEVELOPMENT PERMIT APPLICATION
REQUIREMENTS
3.9.1
In addition to the information requirements indicated in Section 3.4, the Development Authority
shall require each application for an apartment, duplex dwelling, fourplex dwelling or row
housing dwelling to be accompanied by the following information:
LAND USE BYLAW NO. 11-2026
17
design plans and working drawings including elevations which have been done or endorsed
by a registered architect;
site plans showing the proposed:
i.
location and position of structures on the site, including any "For Rent" or identification
signs;
ii. location and number of parking spaces, exits, accesses and drives from public roads;
iii. location of an access to refuse storage areas and incinerators and the fencing and
landscaping of such facilities; and
iv. landscaping plan of the entire site which shall show intended surfacing for drives and
parking areas.
The plans identified above will append the application and once approved, shall be deemed
conditions of approval. The Development Authority may require a performance bond from
the developer if deemed necessary.
3.10 WIND ENERGY CONVERSION SYSTEM DEVELOPMENT PERMIT
APPLICATION REQUIREMENTS
3.10.1
In addition to the information requirements indicated in Section 3.4, the Development Authority
shall require each application for a wind energy conversion system to be accompanied by the
following information:
a fully dimensioned and scaled site plan showing and labeling information including the
location of overhead utilities on or abutting the subject site, contours of the land and access
roads;
a visual representation including scale elevations, photographs and/or digital information of
the proposed wind energy conversion system showing total height, tower height, rotor
diameter, colour and the landscape;
the manufacturer's specifications for the wind energy conversion system, including:
i.
the system's rated output in kilowatts,
ii. safety features and sound characteristics, and
iii. type of material used in tower, place, and/or rotor construct;
an analysis of the potential for noise at:
i.
the site of installation,
ii. the boundary of the lot containing the development, and
iii. any habitable dwelling within 2.0 km (1.2 miles) of the subject site;
TOWN OF BRUDERHEIM
18
a report regarding any public information meetings or other processes conducted by the
developer;
any impacts to the local road system including required approaches from public roads
having regard to Town standards;
a preliminary reclamation/decommissioning plan; and
appropriate reports and/or approvals from:
i.
Alberta Utilities Commission,
ii. Transport Canada,
iii. NavCanada,
iv. Alberta Energy, and
v. Any other government departments required for provincial approvals.
3.11 DEVELOPMENT PERMIT COMPLETE APPLICATION
3.11.1
The Development Authority shall determine within twenty (20) days after the receipt of a
development permit application whether it is complete in accordance with the information of this
Bylaw.
3.11.2
The Development Authority shall inform the applicant by electronic or standard mail within
twenty (20) days after the receipt of the development permit application that the applicant is
considered complete.
3.12 DEVELOPMENT PERMIT INCOMPLETE APPLICATION
3.12.1
An application for a development permit shall not be considered complete and received by the
Municipality until such time as the requirements of Section 3.4, and Sections 3.5, 3.6, 3.7, 3.8,
3.9, and 3.10 as applicable, have been met to the satisfaction of the Development Authority.
3.12.2
If an application for a development permit does not contain all the necessary information or does
not contain sufficient details to complete an evaluation of the application to make a proper
decision, the Development Authority shall deem the application to be incomplete and inform the
applicant within twenty (20) days after the receipt of the development permit application that the
application is considered incomplete. The applicant shall be informed by electronic or standard
mail.
3.12.3
When notifying an applicant that their development permit is incomplete, the Development
Authority shall inform the applicant that any outstanding information and documents in the notice
must be submitted by a date set out in the notice or a later date agreed on between the applicant
and the Development Authority in order for the application to be considered complete.
LAND USE BYLAW NO. 11-2026
19
3.12.4
Within twenty (20) days after the receipt of an updated application the Development Authority
shall inform the applicant by electronic or standard mail that the application is considered
complete or incomplete.
3.13 REFERRAL OF APPLICATION
3.13.1
The Development Authority may refer any application for a development permit prior to making a
decision on the application to any other person, agency, or organization as deemed necessary
or suitable by the Development Authority.
3.13.2
Upon receipt of an application for a development permit for a development listed as a
Discretionary Use, the Development Authority may send a written notice to all adjacent
landowners indicating the location and nature of the proposed development and indicating
opportunities for comment.
with the exception of an application that is consistent with a licence, permit, approval or
other authorization granted by the NRCB, ERCB, AER, AEUB or AUC, other relevant
provincial and/or federal authorities in which case no notification to adjacent landowners
shall be required.
3.14 DEVELOPMENT PERMIT APPLICATION DECISIONS
3.14.1
A development permit issued pursuant to this Bylaw is not a building permit, and work or
construction of any buildings related to the development shall neither commence nor proceed
until a building permit has been issued, pursuant to applicable bylaws and regulations.
3.14.2
Pursuant to the Municipal Government Act, the Development Authority shall make a decision on
a complete development permit application within forty (40) days after the application is
determined to be complete.
3.14.3
In making a decision on an application for a Permitted Use, the Development Authority:
shall approve, with or without conditions, a development permit application where the
proposed development conforms with this Bylaw; or,
may refuse a development permit if the proposed development does not conform with this
Bylaw.
3.14.4
In making a decision on an application for a Discretionary Use, the Development Authority:
may approve a development permit application which meets the requirements of this Bylaw,
and any approved statutory plan or policy affecting the area, with or without conditions
based on the merits of the application, with the purpose and intent of any statutory plan or
policies adopted by the Town of Bruderheim.
TOWN OF BRUDERHEIM
20
may refuse a development permit application even if it meets the requirements of this Bylaw.
i.
with the exception of an application that is consistent with a licence, permit, approval or
other authorization granted by the NRCB, ERCB, AER, AEUB or AUC, other relevant
provincial and/or federal authorities in which case the Development Authority shall
approve the application to the extent that it complies with the license, permit, approval or
other authorization.
3.14.5
In reviewing a development application for a permit for a discretionary Use, the Development
Authority shall have regard for:
the circumstances and merits of the application, including, but not limited to:
i.
the impact of such nuisance factors as smoke, airborne emissions, odours, and noise on
nearby properties;
ii. the use, design, character and appearance of the development being compatible with
surrounding properties; and,
iii. the servicing requirements for the proposed development;
the purpose and intent of any statutory plan adopted by the Town of Bruderheim.
3.14.6
The Development Authority may approve an application for a development permit even though
the proposed development does not comply with the regulations of this Bylaw, or if the
development is to be a rebuilding, an enlargement, an addition, or a structural alteration of a
non-conforming building, if, in the opinion of the Development Authority:
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
the proposed development conforms with the use prescribed for that land or building in this
Bylaw.
3.14.7
A development permit for a discretionary use may be issued on a temporary basis and the
Development Authority may specify the length of time the permit remains in effect.
3.14.8
For development applications for lands in a Direct Control (DC) District, the Development
Authority may only decide on applications where Council has delegated its authority to the
Development Authority, as the case may be.
3.14.9
The applicant may be required to pay to the Town the costs incurred, by the Town, for third party
review of the application.
3.14.10 To ensure compliance with a development agreement, the Town may register a caveat under
the Lands Titles Act against the certificate of title for the property that is being developed. This
LAND USE BYLAW NO. 11-2026
21
caveat shall be discharged when the obligations to be assumed by the applicant under the
agreement have been fulfilled.
3.15 VARIANCE POWERS
3.15.1
In addition to the requirements of Section 3.4, when an application for a Development Permit
application is submitted for a Permitted or Discretionary Use which does not comply with the
provisions of the Bylaw, the Development Authority may request a statement from the applicant
identifying the following:
that the applicant is aware that the proposed development requires a variance of this Land
Use Bylaw; and
why the proposed development cannot satisfy the provisions of this Bylaw and therefore,
requires the proposed variance.
3.15.2
The Development Authority may approve or conditionally approve a variance on a discretionary
or permitted use that does not comply with this Bylaw if, in the opinion of the Development
Authority:
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 neighboring parcels of
land, and
the proposed development conforms with the use prescribed for that land or building in this
Bylaw.
3.15.3
In approving an application for a development permit the Development Authority shall adhere to
the purpose statement of the land use district and the following:
A variance shall be considered only in cases of unnecessary hardship or practical difficulties
particular to the use, character or situation of the land or building that are not generally
common to other land in the same land use district; and
Expect otherwise provided in this Bylaw, there shall be no variance from the regulations
prescribing dwelling density.
3.15.4
A variance will not be allowed if the granting of the variance contravenes the requirements of the
Municipal Government Act or Subdivision and Development Regulation, and amendments
thereto.
3.15.5
In the event that a regulation is varied, relaxed, or waived, the Development Authority shall
specify the nature of the approved variance in the development permit approval.
TOWN OF BRUDERHEIM
22
3.16 DEVELOPMENT PERMIT CONDITIONS
3.16.1
The Development Authority may attach, with respect to a permitted use, conditions on the
issuance of a development permit as may be required to ensure compliance with this Bylaw,
including but not limited to the following:
Arrangements satisfactory to the Development Authority for the supply of utilities including
payment of the cost of installation or construction of any such utility or facility by the
applicant;
Arrangements satisfactory to the Development Authority ensuring compatibility with the
surrounding land uses, including but not limited to the following:
i.
vehicular and pedestrian access from public roads and trails;
ii. on-site vehicular and pedestrian circulation;
iii. on-site parking;
iv. on-site loading;
v. landscaping;
vi. drainage;
vii. noise attenuation;
viii. building location; or
ix. any one or more of these matters, including payment of the costs of installation or
construction by the applicant.
That the developer enters into a development agreement or an interim agreement according
to the Municipal Government Act, which shall form part of such a development permit and
may be required to be registered by caveat against title to the site at the Land Titles Office;
That the developer pays an off-site levy or redevelopment levy imposed by a bylaw adopted
pursuant to the Municipal Government Act;
That the developer provides security to ensure compliance with this Bylaw, a development
permit, an agreement under this clause and/or a statutory plan, which security may include,
but is not limited to, an irrevocable letter of credit or charge against the title to the site;
That the applicant repair or reinstate or pay for the repair or reinstatement to the original
condition any street furniture, curbing, boulevard landscaping and/or tree planting which may
be damaged or destroyed or otherwise harmed by development or construction operations
on the site; and
That the developer provides a real property report to the satisfaction of the Development
Authority.
LAND USE BYLAW NO. 11-2026
23
3.16.2
The Development Authority may attach, with respect to issuance of a development permit for a
discretionary use, any or all conditions listed in Section 3.4 as may be required and any other
condition the development authority may deem appropriate to ensure compatibility with the
amenities of the neighbourhood and the use, enjoyment and value of neighbouring parcels of
land, including, but not limited to the following:
Limiting the time of operation including hours of the day, days of the week, and parts of the
year;
Specifying the period of time during which the development may continue;
Limiting the number of patrons; and
Requiring attenuation or mitigation of noise or any other nuisances that may be generated
by the proposed development.
3.17 NOTICE OF DECISION
3.17.1
Within five (5) working days after a decision on a development permit application, the
Development Authority shall send a notice by regular mail of the decision to the applicant and
post a notice in a place available to public view in the Town office, indicating the disposition of
the application. Mailing the notice is not required when an applicant picks up a copy of the
decision.
3.17.2
In addition to Section 3.17.1, within five (5) working days after a decision on a development
permit application for a discretionary use or after a variance has been granted, the Development
Authority shall:
send notice by regular mail (or by electronic mail if agreed to in advance by the applicant) to
all affected adjacent landowners, as identified on Town of Bruderheim Assessment Roll, to
provide notice of the decision and right of appeal; and
send notice by regular mail (or by electronic mail if agreed to in advance by the applicant) to
any other landowner, business, agency, adjacent municipality, person, group, organization
or similar body that the Development Authority deems may be affected to provide notice of
the decision and right of appeal; or
within ten (10) days of the date such a development permit is issued, publish a notice of the
decision in a newspaper circulating in the municipality for two (2) consecutive weeks.
3.17.3
A development permit does not come into effect until after the appeal period has expired and no
appeals have been submitted.
3.17.4
When the Development Authority refuses a development permit application, the decision shall
contain reasons for the refusal, the method for which an appeal can be made, and the deadline
of the date of appeal of the development permit.
TOWN OF BRUDERHEIM
24
3.18 DEVELOPMENT PERMIT DEEMED REFUSED
3.18.1
When a development permit application is refused, the Development Authority shall not accept
the submission of another application for a permit on the same parcel of land and for the same
or similar use by the same or any other applicant for six (6) months after the date of the refusal.
However, when an application has been refused as per Section 3.18.2 the Development
Authority may accept a new application without waiting six (6) months after the date of the
refusal.
3.18.2
An application for a development permit shall be deemed to be refused when a decision is not
made by the Development Authority within forty (40) days after receipt and acceptance of the
completed application by the Development Authority unless an agreement to extend the forty
(40) day period is established between the applicant(s) and the Development Authority.
3.19 ISSUANCE AND VALIDITY OF DEVELOPMENT PERMITS
3.19.1
Where the development of land involves a subdivision of land, no development permit shall be
issued until the subdivision has received a level of approval satisfactory to both the Subdivision
Authority and the Development Authority.
3.19.2
When a development permit has been granted by the Development Authority, it shall not be valid
unless and until the conditions of the permit, save those of a continuing nature, have been
fulfilled and no notice of appeal has been served on the Subdivision and Development Appeal
Board within the appeal period.
3.19.3
A development permit expires when development is not substantially commenced, in the opinion
of the Development Authority, taking into account the circumstances of the development, within
twelve (12) months from the date of its issuance or within such extended period that may be
granted by the Development Authority.
3.19.4
Upon application before expiry, a Development Authority may grant only one extension of the
effective period, and the extension period shall not be longer than twelve (12) months.
3.19.5
When a permit expires, a new application is required. Such application shall be dealt with as a
first application and there shall be no obligation to approve it on the basis that a previous permit
had been issued.
3.19.6
If a use is intended to be discontinued for a continuous period of six (6) months, any subsequent
use of the land or building shall comply with this Bylaw and shall require a new development
permit.
LAND USE BYLAW NO. 11-2026
25
3.20 SUSPENSION OR REVOKING OF A DEVELOPMENT PERMIT
3.20.1
A Development Authority may suspend or revoke a development permit by notice in writing, to
the holder of it:
if, in the opinion of the Development Authority, the application for that development permit is
found to have contained incorrect or misleading information;
if the conditions of the approval of the development permit have not been complied with or
cease to be complied with;
if the permit was issued in error;
if requested by the applicant;
the applicant fails to comply with a Stop Order as per Section 6.1 of this Bylaw and the
Municipal Government Act; or
The development has not been completed within the required time period. All developments
related to residential uses shall be completed within twenty-four (24) months of the issuance
of a development permit unless otherwise prescribed on the development permit.
3.20.2
Any person who undertakes development or causes or allows any development after a
development permit has been suspended or revoked, shall discontinue such development
immediately and shall not resume such development until a new development permit has been
approved by the Development Authority and is valid pursuant to Section 3.19.
3.21 COMPLIANCE CERTIFICATE
3.21.1
The registered landowner, or an agent acting on behalf of a registered landowner, may apply to
the Town for a compliance certificate stating that a particular development conforms to the
requirements of this Bylaw.
3.21.2
An application for a compliance certificate shall include sufficient information to determine
conformance with this Bylaw, including, but not limited to the following:
Completed application form signed by the registered owner or authorized agent;
Application fee as determined by Council;
Legal description and property address;
Use and occupancy of all parts of the site and buildings; and
Two (2) copies of a Real Property Report prepared by an Alberta Land Surveyor within the
last 12 months, which shows the details and relation to the property lines of all development
located on the property.
3.21.3
The Development Authority may issue a compliance certificate, when in the opinion of the
Development Authority, the buildings as shown on the Real Property Report provided by the
TOWN OF BRUDERHEIM
26
applicant are located on the site in accordance with the separation distance and yard and
building setback regulations of this Bylaw, or the yard and building setbacks specified in any
development permit which may have been issued for the site.
3.21.4
The compliance certificate shall only cover those buildings, or parts thereof, shown on the Real
Property Report as provided by the applicant.
3.21.5
The Development Authority may refuse to issue a compliance certificate when:
Information provided on the Real Property Report is unclear or vague, and/or is insufficient
to determine if the buildings as shown are located in accordance with the yard and building
setbacks specified in any development permit which may have been issued for the site;
The Real Property Report provided is older than twelve (12) months from the date of
application and is not accompanied with an affidavit confirming all information provided on
the Real Property Report is true and accurate;
The Real Property Report does not indicate all developments that are located on the lot;
Developments on the lot were constructed without a development permit; or
There are outstanding infractions with this or any other Town of Bruderheim Bylaw.
3.21.6
The Development Authority shall rely on the information on the Real Property Report submitted
by the applicant and is not required to undertake independent site inspections. The Development
Authority shall not be liable for any damages arising from the use of a compliance certificate
where the errors are the result of incorrect or incomplete information provided by the surveyor.
LAND USE BYLAW NO. 11-2026
27
4
APPEALS
4.1
DEVELOPMENT APPEALS AND PROCEDURES
4.1.1
No appeal to the Subdivision and Development Appeal Board may be made in respect to the
issuance of a development permit for a permitted use unless the provisions of the Bylaw were
relaxed, varied or misinterpreted.
4.1.2
Subdivision and development appeals shall be made to the Town's Subdivision and
Development Appeal Board in accordance with the applicable procedures of the Subdivision and
Development and Appeal Board or the Land and Property Right Tribunal as the case may be. An
appeal may be made to the Subdivision and Appeal Board:
by the applicant, if the Development Authority
i.
fails or refuses to issue a development permit to a person;
ii. issues a development permit subject to conditions; or
iii. issues a stop under Section 645 of the Municipal Government Act, or Section 6.1. of this
Bylaw.
iv. fails to make a decision with respect to application within forty (40) days of the
application being deemed complete as per the notice by the Development Authority or
within such longer period as the applicant may have approved in writing an extension to
this period referred to in Section 3.18 of this Bylaw; or
by any person claiming to be affected by an order, decision or development permit made or
issued by a Development Authority.
4.1.3
An appeal shall be made by serving a written notice of appeal, together with the reasons for the
appeal and the appeal fee, to the Secretary of the Subdivision and Development Appeal Board
within twenty-one (21) days after:
In the case of an appeal made by a person referred to in Section 4.1.2.a) after:
i.
the date on which the person is notified of the order or decision or the issuance of the
development permit; or
ii. if no decision is made with respect to the application within the 40-day period or within
any extension issued under Section 684 of the Municipal Government Act.
the person referred to in Section 4.1.2.b) must appeal after the date on which the notice of
issuance of the development permit was received or published.
4.1.4
Notwithstanding Sections 4.1.1, 4.1.2, and 4.1.3, if a decision with respect to a development
permit application for a direct control district:
TOWN OF BRUDERHEIM
28
is made by the Town of Bruderheim Council, there is no appeal to the Subdivision and
Appeal Board; or
is made by a Development Authority, the ability to appeal is available subject to the
Municipal Government Act.
4.2
SUBDIVSION AND DEVELOPMENT APPEAL BOARD HEARING
4.2.1
Within thirty (30) days of receipt of a notice of appeal, the Subdivision and Development Appeal
Board shall hold an appeal hearing respecting the appeal. The thirty day appeal period may be
extended, subject to the written consent of the appellant, the development permit applicant (if
different than the appellant), and the Development Authority.
4.2.2
The Subdivision and Development Appeal Board shall give at least five (5) days notice in writing
of the appeal hearing to:
the appellant;
the Development Authority from whose order, decision or development permit the appeal is
made;
the applicant and/or landowner(s);
those adjacent land owners who were notified under this Bylaw and any other person who,
in the opinion of the Subdivision and Development Appeal Board, are affected by the order,
decision or permit; and
such other persons as the Subdivision and Development Appeal Board specifies.
4.2.3
The Subdivision and Development Appeal Board shall make available for public inspection
before the commencement of the appeal hearing all relevant documents and materials
respecting the appeal including:
the application for the development permit, the decision and the notice of appeal; or
the order of the Development Authority under Section 6 of this Bylaw or Section 645 of the
Municipal Government Act;
4.2.4
At the appeal hearing referred to in Section 4.2, the Subdivision and Development Appeal Board
shall hear:
the appellant or any other person acting on his/her behalf;
the Development Authority from whose order, decision or development permit the appeal is
made, or if a person is designated to act on behalf of the Development Authority, that
person;
any other person who was served with notice of the hearing pursuant to Section 4.2 and who
wishes to be heard or a person acting on his/her behalf; and
LAND USE BYLAW NO. 11-2026
29
any other person who claims to be affected by the order, decision or permit and that the
Subdivision and Development Appeal Board agrees to hear or a person acting on his/her
behalf.
4.3
SUBDIVISION AND DEVELOPMENT APPEAL BOARD DECISION
4.3.1
In determining an appeal, the Subdivision and Development Appeal Board:
shall comply with the Province's Land Use Policies and applicable regional plans;
shall comply with the intent of the Municipal Development Plan, any Intermunicipal
Development Plan, or other adopted statutory or local plan affecting the land and subject to
subsection 4.3.1.f), of this Bylaw and the Municipal Government Act;
must comply with the applicable requirements of the regulations under the Gaming, Liquor
and Cannabis Act respecting the location and premises described in a cannabis licence and
distances between those premises and other premises;
must have regard to but is not bound by the Subdivision and Development Regulation;
may confirm, reverse, or vary the order, decision, or development permit or any condition
attached and may impose such conditions as it considers proper and desirable for the
circumstances; and
may make an order, or decision, or issue a development permit notwithstanding that the
proposed development does not comply with this Bylaw if, in its opinion:
i.
the proposed development would not unduly interfere with the amenities of the
neighbourhood, or materially interfere with or affect the use, enjoyment, or value of
neighbouring properties; and
ii. the proposed development conforms with the uses prescribed for the land or building in
this Bylaw.
4.3.2
The Subdivision and Development Appeal Board shall give its decision in writing together with
reasons for the decision within fifteen (15) days of the conclusion of the appeal hearing.
4.3.3
If the decision of the Development Authority to approve a development permit application is
reversed by the Subdivision and Development Appeal Board, the development permit shall be
null and void.
4.3.4
If the decision of the Development Authority to refuse a development permit application is
reversed by the Subdivision and Development Appeal Board, the Development Authority shall
forthwith approve the development permit application in accordance with the decision of the
Subdivision and Development Appeal Board.
TOWN OF BRUDERHEIM
30
4.3.5
If the decision of the Development Authority to approve a development permit is varied by the
Development Appeal Board, the Development Authority shall forthwith approve the development
permit application in accordance with the decision of the Subdivision and Development Appeal
Board.
4.3.6
A decision made by the Subdivision and Appeal Board is final and binding on all parties and all
persons subject only to an appeal to the Court of Appeal upon a question of jurisdiction or law
pursuant to the Municipal Government Act.
4.3.7
An application for permission to appeal pursuant to Section 4.3.6 of this Bylaw must be filed and
served within thirty (30) days after the issuance of the decision sought to be appealed, and
notice of the application must be given to:
the Town;
the Land and Property Right Tribunal or the Subdivision and Appeal Board; and
any other person(s) that the judge directs.
LAND USE BYLAW NO. 11-2026
31
5
AMENDMENT TO THE LAND USE BYLAW
5.1
BYLAW AMENDMENTS
5.1.1
Any amendment to this Bylaw shall be made pursuant to the Municipal Government Act.
5.1.2
Council or Town Administration may at any time initiate an amendment to this Bylaw, but prior to
first reading of any proposed amendment the proposal shall be referred to the Development
Authority to prepare an amendment application, reports and recommendations.
5.2
CONTENTS OF AN AMENDMENT APPLICATION
5.2.1
Any person may apply to have this Bylaw amended by applying in writing, using the application
form provided by Town of Bruderheim, and request that the Development Authority submit the
application to Council.
5.2.2
An applicant proposing to amend this Bylaw for a purpose of clarification of an existing provision
must provide the following information:
pay Town of Bruderheim an application and advertising fee as set by Council;
undertake in writing on a form provided by Town of Bruderheim to be liable for, and pay on
demand, all expenses made necessary by the processing of the proposed amendment
which the Town may incur, whether it be enacted or not, including but not limited to map
printing and reproduction costs, surveys and advertising charges;
reasons in support of the application;
drawings showing the subject site, the proposed District and the proposed use and
development to be proposed on the site, if applicable;
the sequence of land servicing (may include, among other elements, site grading plan,
infrastructure servicing concept, development concept, development phasing and
landscaping), if applicable;
if applying for a map amendment for a parcel of land, a recent title search (dated within thirty
days of the date the application is received) of the land affected and/or other documents
satisfactory to the Development Authority showing the applicant's interest in the said land, if
applicable; and
where the applicant is an agent acting for the owner, a letter from the owner(s) authorizing
the agent to make the application.
5.2.3
A person making an application to amend this Bylaw for a purpose other than the clarification of
an existing provision of this Bylaw shall:
TOWN OF BRUDERHEIM
32
pay Town of Bruderheim an application and advertising fee as set by Council;
undertake in writing on a form provided by Town of Bruderheim to be liable for, and pay on
demand, all expenses made necessary by the processing of the proposed amendment
which the Town may incur, whether it be enacted or not, including but not limited to map
printing and reproduction costs, surveys and advertising charges;
reasons in support of the application;
drawings showing the subject site, the proposed District and the proposed use and
development to be proposed on the site, if applicable;
the program of land servicing, if applicable;
information regarding any potential impact of the development that would be allowed by the
proposed amendment on the existing natural or man-made environment;
information respecting the suitability of the subject site for the development that would be
allowed by the proposed amendment;
a recent title search (dated within thirty days of the date the application is received) of the
land affected and/or other documents satisfactory to the Development Authority showing the
applicant's interest in the said land, if applicable;
sign a statement authorizing the right of entry by the Development Authority to such lands
and/or buildings as may be required for investigation of the proposed amendment; and
any other information deemed necessary by the Development Authority or Council.
5.3
THE AMENDMENT PROCESS
5.3.1
Upon receipt of an application to amend the Land Use Bylaw, the Development Authority shall:
initiate or carry out any necessary investigation or analysis of the problems involved in or
related to the amendment; and
prepare a detailed report including all maps and relevant materials for Council to consider.
5.3.2
In order to carry out any necessary investigation or analysis of the problems involved in or
related to the amendment; the Development Authority may refer the application to such agencies
as they consider necessary for comment.
5.3.3
Upon receiving the preliminary advice of the Development Authority, the applicant shall advise
the Development Authority if:
he/she wishes to make revisions to their submission (if required by the Development
Authority and/or Council) prior to proceeding to Council for first reading and public hearing;
he/she wishes the Council to proceed with the amendment as originally submitted by the
person, or
LAND USE BYLAW NO. 11-2026
33
he/she wishes to withdraw the application for an amendment.
5.3.4
As soon as reasonably convenient, the Development Authority shall submit the proposed
amendment as originally applied for, or as alternatively chosen by the applicant, as the case
may be, to the Council, accompanied by the report of the Development Authority and other
relevant material, if any, and the Council shall then consider the proposed amendment.
5.3.5
During deliberation on the Bylaw amendment application, Council may refer the application to
such agencies as it considers necessary for comment.
5.3.6
Council may request such information as it deems necessary to reach a decision on the
proposed amendment.
5.3.7
If an amendment to the Bylaw is refused, a similar application may not be received for six (6)
months following the final date of the decision.
5.3.8
Proposed amendments to this Bylaw are subject to those requirements and procedures set out
in the Municipal Government Act regarding the enactment of Bylaws.
5.3.9
All amendments to this Bylaw shall be made by Council by bylaw and in conformity with the
requirements of the Municipal Government Act regarding the notification and holding of a public
hearing.
5.4
PUBLIC HEARING PROCESS
5.4.1
At the discretion of Council, first reading of a proposed amendment may be given before the
Public Hearing process, and Council may require that the applicant pay a fee for advertising
according to the governing Land Use Bylaw advertising fee schedule as amended from time to
time by resolution of Town Council.
5.4.2
All amendments to this Bylaw shall be made by Council, by bylaw, and in conformity with the
requirements of the Municipal Government Act with regard to the holding of a Public Hearing.
TOWN OF BRUDERHEIM
34
6
ENFORCEMENT, PENALTIES, AND FINES
6.1
CONTRAVENTION AND STOP ORDERS
6.1.1
Where the Development Authority finds that a development or use of land or buildings is not in
accordance with
the Municipal Government Act or the regulations there under; or
a development permit or subdivision approval; or
the Land Use Bylaw;
the Development Authority shall, in accordance with the Municipal Government Act, by notice in
writing, order the registered owner, the person in possession of the land or buildings, or the
person responsible for the contravention, or all or any of them to:
stop the development or use of the land or buildings in whole or in part as directed by the
notice; and/or
demolish, remove or replace the development; and/or
take such other measures as are specified in the notice so that the development or use of
the land or buildings is in accordance with the Municipal Government Act, the regulations, a
development permit, subdivision approval or this Bylaw,
within the time frame specified by the notice, as the case may be.
6.1.2
Where a notice is issued under Section 6.1.1, the notice shall state the following and any other
information considered necessary by the Development Authority:
an explanation of the contravention, and a statement indicating under which provisions of
this Bylaw or the Municipal Government Act the order is being cared out;
the alternatives and processes which the person responsible for the contravention may
pursue in order to correct the contravention;
a time frame in which the contravention must be corrected prior to Town of Bruderheim
pursuing action; and
advise the person of his/her right to appeal the notice to the Subdivision and Development
Appeal Board.
6.1.3
Where a person fails or refuses to comply with an order directed to him/her pursuant to Section
6.1.1 or an order of the Subdivision and Development Appeal Board, the Council or a person
appointed by it may, in accordance with the Municipal Government Act, enter upon the land or
building and take such action as is necessary to carry out the order.
LAND USE BYLAW NO. 11-2026
35
6.1.4
The Town may register a Caveat under the Land Titles Act pursuant to the Order against the
certificate of title that is subject to the Order in accordance with Section 646(2) of the Municipal
Government Act.
6.1.5
If the Town is required to perform a stop order, the Town shall, in accordance with the Municipal
Government Act, register all such costs incurred in executing the stop order against the tax roll
of the land that is the subject of the stop order.
6.2
ENFORCEMENT
6.2.1
This Bylaw may be enforced, and the contravention of any provisions contained herein
restrained, by the Court of Queen's Bench of Alberta upon action brought by Council, whether or
not any penalty has been imposed for the contravention.
6.2.2
A person who:
contravenes any provision of the Municipal Government Act or the regulations under the
Municipal Government Act;
contravenes this Bylaw;
contravenes an order under Section 6.1 of this Bylaw and/or Section 645 of the Municipal
Government Act;
contravenes a development permit or subdivision approval or a condition attached thereto,
and/or
obstructs or hinders any person in the exercise or performance of his powers or duties under
this Act, the regulations under the Municipal Government Act or this Bylaw
is guilty of an offense and subject to a fine as prescribed in Section 566 of the Municipal
Government Act as described in Section 6.3 of this Bylaw.
6.2.3
If a person is found guilty of an offense under Section 6.1 of this Bylaw (Section 557 of the
Municipal Government Act), the court may, in addition to any other penalty imposed, order the
person to comply with:
the Municipal Government Act and the regulations under the Municipal Government Act;
this Bylaw;
an order under Section 6.1 of this Bylaw and/or Section 645 of the Municipal Government
Act; and/or
a development permit or subdivision approval or a condition attached to a development
permit or subdivision approval.
6.2.4
Any written notice, or order, or decision that is required under any provision of this Bylaw to be
provided to any person shall be deemed to have been so provided if it is:
TOWN OF BRUDERHEIM
36
delivered personally to the person or their agent it is directed to; or
mailed by regular mail to the last known address of the person it is directed to; or
left with any agent or employee or resident at the last known address of the person to whom
it is directed.
6.2.5
Development Permit applications submitted after development has commenced, as determined
by the Development Authority, including but not limited to site preparation or construction of
buildings, shall be subject to double fee provisions, as determined in the fee schedule
established and revised from time to time by Council.
6.3
VIOLATION TICKETS AND FINES
6.3.1
In addition to the process and penalties described above, the Development Authority or any
other person identified as a designated officer by the Council for the purposes of this Section,
shall be authorized to issue violation tickets in respect to any contravention of this Bylaw.
6.3.2
The violation ticket shall specify the alleged offence committed by the person to whom the
violation ticket is issued and require payment, within twenty-one (21) days from the date of issue
of the violation ticket, of a fine to the Town.
6.3.3
Persons contravening any provision of this Bylaw to whom violation tickets are issued shall be
liable for a penalty as specified in the Town of Bruderheim User Fees and Charges Schedule A
Bylaw. Each day that a breach of the Bylaw has occurred shall be considered to be a
separate offence.
6.3.4
Notwithstanding 6.3.3 above, persons contravening any provision of this Bylaw related to
industrial uses and/or development shall be liable for a penalty as specified in the Town of
Bruderheim User Fees and Charges Schedule A Bylaw. Each day that a break of the Bylaw
has occurred shall be considered to be a separate offence.
6.3.5
The violation ticket shall be served upon the alleged offender personally or delivered by regular
mail. If payment is made within the time limit, then such payment shall be accepted in lieu of
prosecution for the offence.
6.3.6
If a person who has been served with a violation ticket fails to pay the fine specified therein, then
the right of the alleged offender to settle the alleged offence without a court appearance shall no
longer apply and prosecution for the alleged offence shall proceed.
6.3.7
If the person who was served with the violation ticket is thereafter prosecuted and convicted of
the offence specified in the violation ticket, the fine imposed as specified in the Town of
Bruderheim User Fees and Charges Schedule A Bylaw, plus court costs, for each offence.
LAND USE BYLAW NO. 11-2026
37
7
GENERAL PROVISIONS
7.1
ACCESSORY BUILDINGS
7.1.1
In all Districts:
Accessory buildings are permitted when accessory to a permitted use and discretionary
when accessory to a discretionary use.
An accessory building or use is not permitted without a principal building or use being first
constructed.
Notwithstanding Section 7.1.1.b), the Development Authority may, at their sole discretion,
approve the development of an accessory building, in a commercial or industrial district,
prior to the construction of the main use or building on the parcel, where a development
permit has been issued for the development of the main use or building on the parcel.
An accessory building shall not be used as a dwelling unit, unless a development permit has
been issued allowing the use of the accessory building as a garage suite, or garden suite
and the garage suite or garden suite meets the provisions of Section 8.31 and or 8.32 of this
Bylaw.
The siting of an accessory building on an irregularly-shaped lot shall be as required by the
Development Authority.
Where a structure is attached to the main building on a lot by a roof, an open or enclosed
structure, a floor or a foundation, it is to be considered a part of the main building and is not
an accessory building.
No part of an accessory structure, including eaves, cantilevers and other projections, shall
be located on or over an easement or utility right-of-way registered by the Town unless
authorized by the Development Authority and an "Encroachment Agreement" between the
Town and the landowner has been registered on the Title of the subject parcel
No accessory structure or any portion thereof shall be erected or placed within the front yard
of a parcel unless otherwise approved by the Development Authority;
7.1.2
In addition to all other requirements of this section, accessory buildings, where listed as
permitted or discretionary in the Residential Districts, shall comply with the following
requirements:
No accessory structure or any portion thereof shall be erected or placed within the front yard
of a parcel;
An accessory structure on an interior parcel shall be situated so that the exterior wall is at
least 1.0 m (3.3 ft) from the side and rear boundaries of the parcel;
TOWN OF BRUDERHEIM
38
Notwithstanding Section 7.1.2.b), for lots that have rear lane access and where an
accessory structure is used as a detached garage, access to the detached garage shall be
gained from the rear lane and such detached garage shall be setback a minimum 2.0 m (6.6
ft) from the rear property line;
The height of an accessory building shall not normally exceed 5.0 m (16.0 ft) or one (1)
storey and shall not exceed the height of the main building. However, the maximum height
for an accessory building may be exceeded, at the sole discretion of the Development
Authority, for the height of a garage in order to facilitate the development of a garage suite
on a parcel of land where it can reasonably be determined by the Development Authority
that the additional height will not impact the quality of life or enjoyment of adjacent
properties.
an accessory building shall not:
i.
have an eave overhang within 0.3 m (1.0 ft) of a lot line;
ii. exceed more than fifteen percent (15%) of the total site area; and
iii. shall not be larger than the total floor area of the principal building.
The minimum separation distance between a dwelling and an accessory building in the
Residential Districts shall be a minimum of 2.43 m (8.0 ft).
Notwithstanding Section 7.1.2. f) and Figure 1, in districts that allow for zero lot-line
development, an accessory structure that is a mutual garage may be developed on a
common property boundary line. A minimum side yard of 1.0 m (3.3 ft) is required for the
other side lot line that is not attached to another building by a mutual wall.
7.1.3
The maximum height of accessory buildings in all districts not listed in Section 7.1.2 above, shall
be at the discretion of the Development Authority.
7.1.4
Development permits for non-permanent structures including but not limited to portable garage
shelters shall be issued on a temporary basis for a period not to exceed three (3) years.
LAND USE BYLAW NO. 11-2026
39
7.2
APPLICANT'S RESPONSIBILITY
7.2.1
A person to whom a development permit has been issued shall obtain from the appropriate
authority where applicable, permits relating to building, grades, sewers, sanitary and storm water
disposal, water mains, electricity and all other permits required in connection with the proposed
development.
7.2.2
The applicant shall be financially responsible during construction for any damage by the
applicant, his/her servants, suppliers, agents or contractors to any public or private property.
Figure 1: Siting of Accessory Buildings in the Residential Districts
TOWN OF BRUDERHEIM
40
7.2.3
The applicant shall prevent excess soil or debris from being spilled on public road allowances,
streets, lanes and sidewalks.
7.2.4
No building or use shall be used or occupied and no change in the existing occupancy
classification of a building shall be made until the developer, proposed user or proposed
occupant of said building or use demonstrates that substantial completion, as determined by the
Development Authority, has been undertaken.
7.3
CORNER AND DOUBLE FRONTING LOTS IN RESIDENTIAL
DISTRICTS
7.3.1
Within the Low Density Residential R1, Medium Density Residential R2, High Density
Residential R3, Manufactured Home Subdivision MHS and Manufactured Home Park MHP
Districts, the following regulations shall apply:
In the case of double fronting lots, the front yard shall be that portion of the lot abutting the
road on which the front yards of adjacent lots face. If adjacent lots have front yards facing
both roads, front yards shall be considered to be on both roads and the lot may thus have no
rear yard (see Figure 2).
Notwithstanding any other provision of this Bylaw to the contrary, the Development Authority
may require that a development on a corner lot or on a double fronting lot provide two (2)
minimum required front yards, after having regard to the orientation of adjacent lots and to
the location of accesses to the development.
Notwithstanding any other provision of this Bylaw to the contrary, where a second minimum
front yard is not required on a corner lot, the minimum required side yard on the side
adjacent to the road shall not be less than 4.0 m (13.1 ft).
Notwithstanding Section 7.3.1.c), features under 0.5 m (1.6 ft) in height may project to the
sideline where a second minimum front yard is not required on a corner lot (see Figures 3 &
4).
LAND USE BYLAW NO. 11-2026
41
7.4
CORNER SITES AND SITE LINE PROTECTION
7.4.1
Within the Low Density Residential R1, Medium Density Residential R2, High Density
Residential R3, Mobile Home Subdivision MHS and Mobile Home Park MHP Districts no person
shall erect, place or maintain a wall, fence, shrub, tree, hedge, or any other object within the
sight triangle. Sight triangles are determined as follows (see Figures 2 and 3).
Figure 2: Permitted Encroachments in Side Yards on a Corner Site
TOWN OF BRUDERHEIM
42
7.4.2
In the Downtown Commercial (C1) District, no structure or vegetation except a supporting
column, pillar, sign, or pylon/pole shall be erected or permitted to grow between the heights of
1.0 m (3.3 ft) and 3.0 m (9.8 ft) above the street grade that abuts the lot line adjacent to the road
of line for a distance of 3.0 m (9.8 ft) from their point of intersection: (see Figure 4).
Figure 3: Corner Site Line Protection in Residential Districts
LAND USE BYLAW NO. 11-2026
43
7.5
DESIGN, CHARACTER AND APPEARANCE OF BUILDINGS
7.5.1
The exterior finish on all buildings shall be of a permanent material and be of a character and
quality satisfactory to the Development Authority.
7.5.2
Pursuant to Section 7.5.1, the Development Authority may consider the following when
reviewing development proposals in all districts:
the design, character and appearance of all buildings with respect to their compatibility with
any other buildings existing in the vicinity;
the design of the building must be consistent with the purpose of the land use district in
which it is located; and/or
the building shall comply with any provisions of any statutory plan which sets out specific
guidelines as to the design, character, appearance or building materials to be used within a
district or area;
Figure 4: Corner site line protection in the Downtown Commercial District
TOWN OF BRUDERHEIM
44
7.5.3
The Development Authority shall encourage buildings to be sited and constructed so as to
maximize passive solar energy gain.
7.5.4
The Subdivision Authority or the Development Authority may, where it desires to achieve a
higher standard of design and appearance in a specific Area Structure Plan, Subdivision, or
Development, require the developer to provide detailed architectural control guidelines.
7.5.5
The Subdivision Authority may require at the time of subdivision that the developer register a
restrictive covenant against the subdivision in order to ensure ongoing conformance with the
architectural control guidelines.
7.6
DEVELOPMENT AND ACCESS PERMIT REQUIREMENTS
ADJACENT TO MUNICIPAL ROADS AND HIGHWAYS
7.6.1
No development permit shall be issued for development within:
300.0 m (0.19 mi) beyond the limit of a provincial highway; or
800.0 m (0.5 mi) from the centre line of a provincial highway and public road intersection.
until any necessary permits for the development have been issued by Alberta Transportation.
7.6.2
All new approaches must be constructed to current Town standards and/or Alberta
Transportation.
7.7
DEVELOPMENT SETBACK REQUIREMENTS
7.7.1
The following regulations shall apply to all buildings in all land use districts unless otherwise
stated in the respective land use district or at the discretion of the Development Authority:
Where a lot is separated from a roadway by a buffer strip (i.e. Municipal Reserve,
Environmental Reserve, Environmental Reserve Easement, or Public Utility Lot) the lot is
considered adjacent to the roadway for the purpose of setbacks.
A municipal service road shall be treated as a Town Road for the purposes of applying
setback regulations.
When a parcel of land is adjacent to a Highway, all development shall be setback a
minimum distance of 40.0 m (131.0 ft) from the highway right-of-way unless a variance has
been granted by Alberta Transportation.
LAND USE BYLAW NO. 11-2026
45
7.8
DRIVEWAY/ACCESS TO A PARCEL
7.8.1
Hard Surfacing (concrete, asphalt or other similar material provided to the satisfaction of the
Development Authority) of a driveway shall be provided in all districts where access is gained
onto a hard surfaced public road.
7.8.2
Notwithstanding Section 7.8.1 above, in circumstances where the length of the driveway,
measured from the parcel boundary, exceeds 9.0 m (29.53 ft), the Development Authority may
allow all weather surfacing for the remainder of the driveway.
7.9
DWELLING UNITS ON A PARCEL
7.9.1
The number of dwelling units allowed on a parcel shall not exceed one (1).
7.9.2
Notwithstanding Section 7.9.1, the Development Authority may issue a permit for the
construction or location of more than one (1) dwelling unit on a parcel if the use conforms to the
uses prescribed for the District in which the parcel is located and:
such unit(s) are contained in a building that, or in buildings each of which, are designed for
or divided into two (2) or more dwelling units;
it is a manufactured home forming part of a manufactured home park for which a
development permit has been issued;
is a building as defined in the Condominium Property Act that is subject to an approved
condominium plan registered in the Land Titles Office;
if a garage suite, garden suite, in-law suite or secondary suite as defined in this Bylaw and
meets the requirements for such development as established in Sections 8.31, 8.32, 8.33
and 8.34, respectively; and
the development complies with the provisions of this Land Use Bylaw a development permit
is issued for the use.
7.10 EXISTING SUBSTANDARD LOTS
7.10.1
Development proposed on existing substandard lots, which do not meet the provisions of this
Bylaw, shall be considered by the Development Authority. The Development Authority may or
may not issue a development permit for the lot, having regard for the limitations of the lot.
7.10.2
Development on a substandard lot is still required to meet all other provincial and federal
legislation and regulations, including but not limited to the Safety Codes Act
TOWN OF BRUDERHEIM
46
7.11 FENCES, WALLS AND HEDGES
7.11.1
Notwithstanding any regulation respecting required yards to the contrary in this Bylaw, a fence or
hedge may be constructed along a boundary line of a lot.
7.11.2
In any District, other than a residential district, the maximum height of a fence or screen as
measured from grade shall be 2.0 m (6.6 ft).
7.11.3
No fence, wall or hedge in any Residential District shall be:
Higher than 2.0 m (6.6 ft) in side yards and rear yards, such height to be measured as the
average elevation from the ground at the fence or wall unless otherwise provided in this
Bylaw; or
Higher than 1.0 m (3.3 ft) in front yards, except in the case of a corner lot, the side yard
adjacent to the road shall be deemed to be a front yard for the purpose of this subsection; or
Higher than 1.0 m (3. 3 ft) within 6.0 m (20.0 ft) of the intersection of lanes, roads, or any
combination of them.
7.11.4
Notwithstanding Section 7.11.3, the Development Authority may approve a higher fence having
regard to the location of fences in the surrounding area and the requirement for screening.
Figure 5: Maximum Fence Heights in Residential Districts
LAND USE BYLAW NO. 11-2026
47
7.11.5
All apartment or row housing developments shall provide, to the satisfaction of the Development
Authority, a wall, hedge or wooden fence, or landscaping of not less than 1.2 m (4.0 ft) nor more
than 2.0 m (6.6 ft) in height, along any side or rear lines adjacent to any residential use.
7.11.6
The Development Authority may require screening in the form of fences, hedges, landscaped
berms or other means along the property lines of all commercial and industrial parcels which are
adjacent to any residential property line or are adjacent to lanes or roads which abut a
neighbouring residential parcel. Such screening shall be at least 2.0 m (6.6 ft) in height and
developed in a manner which adequately blocks the view of the commercial or industrial parcel
to the satisfaction of the Development Authority.
7.11.7
All drive-in businesses, car washes, service stations and gas bars shall provide, to the
satisfaction of the Development Authority, solid fences of not less than 1.2 m (4.0 ft) in height
nor more than 2.0 m (6.6 ft) in height, along any side or rear property lines adjacent to any
residential district.
7.11.8
For outdoor storage yards located adjacent to a non-industrial District, including but not limited to
auto wrecking, lumber yards, pipe storage and similar uses, and where because of the height of
materials stored, a screen planting would not be sufficient, a fence, earth berm or combination
thereof, with sufficient height to substantially block the view of the stored materials to the
satisfaction of the Development Authority shall be required
7.11.9
Barbed wire fences, or partially barbed wire fences are not permitted in any residential District or
directly adjacent to any residential district. The Development Authority may approve barbed wire
fences around areas of storage located in commercial and industrial Districts that meet the
following requirements:
In the opinion of the Development Authority, the barbed wire fence is required for security
purposes;
The barbed wire fence consists of a maximum of three (3) strands located on the top of a
chain link or a board fence with a minimum height of 2.4 m (7.9 ft) measured below the
lowest strand of barbed wire; and
The entire fence and barbed wire are completely contained within the property lines of the
parcel being fenced.
7.11.10 Razor wire shall not be used in the municipality without a development permit having been
issued to allow its use.
7.11.11 The electrification of fences shall not be allowed in any District.
TOWN OF BRUDERHEIM
48
7.12 GARBAGE STORAGE
7.12.1
A commercial garbage bin shall be provided on every parcel containing commercial, industrial or
institutional uses and any residential building containing three (3) or more dwellings on a parcel.
The bin shall be placed in a screened enclosure, to the satisfaction of the Development
Authority, in the side or rear yard at a location accessible by garbage collectors.
7.12.2
In the C1 Downtown Commercial District garbage screening shall be required and provided to
the satisfaction of the Development Authority and will have regard for maximizing parking
availability on existing legal non-conforming lots.
7.13 HEIGHT
7.13.1
In non-residential districts, the following may be exempt from height restrictions: industrial
processing towers, chimney stacks, steeples, monuments, elevator housings, roof stairway
entrances, ventilating equipment, sky lights, fire walls, parapet walls, receiving or transmitting
towers, small radio communications antenna and support structures.
7.14 LANDSCAPING AND AMENITY AREA REQUIREMENTS
7.14.1
General Landscaping Standards
In all Land Use Districts, no person shall commence or continue the removal or addition of
topsoil without first obtaining an approved development permit.
Landscaping, to the satisfaction of the Development Authority, shall be required in all Land
Use Districts, on all lands within a parcel not covered by buildings, parking areas including
driveways, walking paths, and storage areas.
Development permit applications for landscaping shall be accompanied by a general parcel
grading plan, drainage plan and indicate any existing or proposed retaining wall
construction.
The developer shall provide upon occupancy of the development, a minimum topsoil
coverage of 15.2 cm (6.0 in) and the affected area shall be landscaped to the satisfaction of
the Development Authority.
In any residential land use district, acceptable landscaping for the front yard shall include
manicured lawns, rock gardens, xeriscapes, vegetable gardens and ornamental plants, or a
combination thereof.
Landscaping may include the planting of trees, shrubs, flowers and similar vegetation and
may include other landscaping materials such as grass/sod, crushed rock, wood chips, rock
gardens, vegetable gardens and ornamental plants, or a combination thereof to the
satisfaction of the Development Authority.
LAND USE BYLAW NO. 11-2026
49
Trees and shrubs provided for landscaping shall meet the following minimum requirements:
i.
A minimum height of 3.0 m (9.8 ft) for coniferous trees;
ii. A minimum height of 0.45 m (1.5 ft) for coniferous shrubs;
iii. A minimum caliper width of 8.0 cm (3.4 in) for deciduous trees; and
iv. A minimum height of 0.6 m (2.0 ft) for deciduous shrubs.
Unless otherwise specified in this Bylaw mature deciduous and coniferous trees shall be
provided in a proportion of approximately 50:50.
All trees shall be separated a minimum distance from each other to allow sufficient space for
the tree's maximum potential growth radius at maturity and to ensure healthy, uninhibited
growth.
All landscaping requirements must be completed within one (1) year of completion of
construction or the commencement of the use, whichever occurs first.
The Development Authority may, as a condition of a development permit, require submission
of a security up to the value of the estimated cost of providing the proposed landscaping to
ensure that such landscaping is carried out with reasonable diligence. The condition of the
security is that, if the landscaping is not completed in accordance with this Bylaw and
development permit within one (1) growing season after completion of the development,
then the specified security amount shall be made available to the Town to use to ensure the
landscaping is installed according to the Town's standards.
Any landscaping and/or re-contouring shall occur so that the finished grade does not direct
surface drainage or cause the impounding of drainage into an adjoining site unless
otherwise approved by the Development Authority.
Prior to issuing a development permit the Development Authority may require submission of
a detailed landscape plan to a standard satisfactory to the Development Authority, outlining,
but not limited to, the following:
i.
The location of the trees and shrubs to be planted, including distance between trees and
the anticipated full growth radius at maturity;
ii. The number of trees and shrubs to be planted;
iii. The common name of the trees and shrubs to be planted; and
iv. The materials proposed for the landscaped area i.e. sod, crushed rock, wood chips etc.
7.14.2
Residential Landscaping Standards shall comply with Table 7.14.1
TOWN OF BRUDERHEIM
50
Table 7.14.1: Residential Landscaping Standards
Unit Type
Landscaping Requirement
Fourplexes
A minimum one (1) tree shall be provided in the front yard on
each parcel developed with a fourplex as per the requirements
of Section 7.14.1 above.
Apartments and Assisted
Care Housing
Trees shall be provided on each parcel developed with an
apartment or assisted care housing according to the following:
15% of the total parcel area with one (1) tree/50 m2 and four
shrubs/100 m2;
Trees shall be located within the landscaped area(s) on the
parcel to the satisfaction of the Development Authority; and
Trees shall meet the requirements of Section 7.14.1.
7.14.3
Residential Amenity Area Standards
Means an area available to the occupants of a residential development located on that
particular lot for their personal enjoyment and recreation. Amenity areas shall be provided
for according to table 7.14.2:
Table 7.14.2: Residential Amenity Area Standards
Unit Type
Area Required
Fourplexes
At the discretion of the Development Authority
Apartments and Assisted Care Housing
Bachelor Unit
19.0 m2 (204.0 ft2)
One Bedroom Unit
28.0 m2 (301.0 ft2)
Two Bedroom Unit
70.0 m2 (753.0 ft2)
Three Bedroom Unit
93.0 m2 (1001.0 ft2)
Minimum apartment amenity area includes hard and soft landscaping areas, balconies,
recreational facilities or communal lounges. A minimum 25% of the required apartment
amenity area shall be provided outdoors at ground level. The front yard landscaping on the
parcel may be used towards the minimum 25% required outdoor amenity area, however car
parking areas and landscaping provided in the side and rear yard shall not be considered as
part of, or contributing to any amenity area.
7.14.4
Commercial Landscaping Requirements
Notwithstanding Section 7.14.1, landscaping in any Commercial District shall be required as
follows:
LAND USE BYLAW NO. 11-2026
51
In any Commercial District, except the Downtown Commercial (C1) District:
i.
A 4.0 m (13.1 ft) wide area adjacent to a residential parcel shall be landscaped to the
satisfaction of the Development Authority having regard to buffering any nuisance affect
and may include any or all of the following; the planting of trees and/or other vegetation;
the construction of landscaped berms; the construction of fencing or other acceptable
screening; and
ii. A minimum 4.0 m (13.1 ft) wide area adjacent to any street shall be landscaped to the
satisfaction of the Development Authority.
In the case of car washes, service stations and gas bars, landscaping shall be provided and
maintained to the satisfaction of the Development Authority. Solid fences shall be provided
at least 1.5 m (4.9 ft) in height and no higher than 2.0 m (6.6 ft) adjacent to residential areas.
In any commercial land use district, off-street parking lots shall be landscaped by the
planting of trees and/or shrubs in the amount of at least one tree and/or shrub for every
185.8 m2 (2000.0 ft2) of parking lot area. The trees and/or shrubbery shall be of a type and
size approved by the Development Authority. Trees/shrubbery required shall be located
within the parking area in locations where visibility for the safe movement of persons and
traffic is not impaired.
7.14.5
Industrial Landscaping Requirements
Notwithstanding Section 7.14.1, landscaping in any Industrial District shall be required as
follows:
i.
A 4.0 m (13.1 ft) wide area adjacent to a residential parcel shall be landscaped having
regard to buffering any nuisance or objectionable affect through the planting of trees
and/or other vegetation, and the construction of landscaped berms and/or fencing or
other acceptable screening to the satisfaction of the Development Authority;
ii. A minimum 4.0 m (13.1 ft) wide area adjacent any street shall be landscaped to the
satisfaction of the Development Authority; and
iii. Outdoor Storage Facilities or any outdoor storage adjacent to any road or non-industrial
district shall be screened in a manner that substantially blocks the view of the stored
materials to the satisfaction of the Development Authority.
7.15 LIVESTOCK
7.15.1
No livestock shall be kept in any district except for Urban Reserve (UR) District. This provision
does not apply to auctioneering establishments, animal hospitals, or farming operations that
existed prior to the adoption of this Bylaw.
TOWN OF BRUDERHEIM
52
7.16 OBJECTS PROHIBITED OR RESTRICTED IN YARDS
7.16.1
The following regulations shall apply to all lots within the Residential Districts, unless otherwise
specified.
No person shall keep or permit in any part of any yard:
i.
Any dismantled or wrecked vehicle for more than fourteen (14) successive days;
ii. Any vehicle weighing in excess of 6,803.9 kg (15,000.0 lbs) gross vehicle weight (except
recreation vehicles) for longer than is reasonably necessary to load or unload such a
vehicle;
iii. Any object, chattel, or other use of land which, in the opinion of the Development
Authority is unsightly or tends to adversely affect the amenities of the district;
iv. Any excavation, stockpiling or storage of materials, required during the construction
stage of a development unless all necessary safety measures are undertaken to the
satisfaction of the Development Authority. The owner of such materials or excavations
assumes full responsibility to ensure the situation does not prevail any longer than
reasonably necessary to complete a particular stage of construction work.;
v. Any explosives, flammable liquids, diesel fuel, propane and gasoline products.
Notwithstanding Section 7.16.1.d) above the short term storage of gunpowder and black
powder will be permitted if the storage of these explosive materials is:
i.
For the purpose of reloading shells used with a registered firearm; and
ii. The amount of material on the site conforms to the provisions of the Explosive
Regulation and Explosives Act.
Without first obtaining a development permit no person shall keep or permit in a yard
adjacent to a dwelling, either:
i.
a propane tank that is larger than 68.2 kg (150.0 lbs); or
ii. any number of propane tanks with a total capacity which exceeds 68.2 kg (150.0 lbs).
Notwithstanding Section 7.16.1.c) above, the Development Authority may, at its sole
discretion, allow more than four (4) propane tanks or any number of propane tanks with a
capacity which exceeds 68.2 kg (150 lbs.) to be located on a lot in a residential district which
is:
i.
greater than 1.2 ha (3.0 ac) in area; and
ii. where the proponent can prove to the satisfaction of the Development Authority that the
location and use of the propane tanks meets acceptable fire code and safety standards;
Notwithstanding Section 7.16.1.c) above, in Commercial Districts, where the applicant for a
development permit can prove to the satisfaction of the Development Authority that the
location and use of the proposed propane tanks meets acceptable fire code and safety
LAND USE BYLAW NO. 11-2026
53
standards as well as emergency response requirements, the Development Authority may, at
its sole discretion, allow more than four (4) propane tanks or any number of propane tanks
with a total capacity which exceeds 68.2 kg (150.0 lbs.) to be located either:
i.
within an individual lot; or
ii. within each recreational vehicle stall located in an approved campground.
All development permit applications to allow more than four (4) propane tanks, or any
number of propane tanks with a total capacity which exceeds 68.2 kg (150.0 lbs.), to be
located within individual stalls, in an approved campground, will be required to include an
Emergency Response Plan, prepared by the developer, at no cost to the municipality. The
Emergency Response Plan will be circulated to the municipality's Fire Department for
approval prior to issuance of a development permit.
Development permits issued for more than four (4) propane tanks or any number of propane
tanks with a total capacity which exceeds 68.2 kg (150.0 lbs.) will only be granted for a
period of one year. New development permit applications must be submitted annually if the
proponent wishes to extend the development period.
Without first obtaining a development permit no person shall keep or permit in a yard
adjacent to a dwelling, either:
i.
a gasoline or diesel container with a capacity greater than 20.0 L;
ii. more than four (4) gasoline or diesel containers; or
iii. any number of gasoline or diesel containers with a total capacity which exceeds 80.0 L;
7.17 ON-SITE AND OFF-SITE SERVICES AND IMPROVEMENTS
7.17.1
Where any on-site services or improvements, or any off-site local improvements are required to
service a proposed development, a developer shall not begin the work nor commence the
development until the Development Authority is satisfied that such services or improvements will
be undertaken according to the standards and specifications of the Town. In order to satisfy the
Development Authority, the developer will be required to enter into a development agreement
with the Town as a condition of development permit approval.
7.17.2
The Development Authority may refer plans for on-site services or improvements, or any off-site
local improvements to public works, the Town's engineers or other qualified professional for
review in order to determine that the proposed improvements will be undertaken according to the
standards and specifications of the Town. Any costs associated with external review will be
borne by the proponent of the development.
7.17.3
No development permit shall be considered valid for a development to be serviced by private
sewer and water systems until the systems have been approved by the appropriate agency.
7.17.4
All future development areas must be serviced to the satisfaction of the Development Authority.
TOWN OF BRUDERHEIM
54
7.17.5
All infrastructure improvement costs associated with the development will be borne by the
proponent of the development.
7.18 PARKING AND LOADING REGULATIONS
7.18.1
In all Districts, vehicular entrances and exits onto roads shall only be allowed at locations
approved by the Development Authority. Where the development is adjacent to a highway, an
approach permit must be obtained from Alberta Transportation.
7.18.2
An off-street parking area:
shall be designed to the satisfaction of the Development Authority with regard to the
dimensions, and layout of parking stalls and maneuvering aisles;
shall not be located within 0.9 m (2.95 ft) of a lot line common to the lot and to a street;
shall be constructed so that adequate access to, and exit from each stall is provided at all
times by means of maneuvering aisles;
shall have adequate street access, curbs and curb cuts (where required) located to the
satisfaction of the Development Authority; and
shall be graded, drained, compacted and surfaced to the satisfaction of the Development
Authority. In no case shall drainage be allowed to cross a sidewalk unless otherwise
permitted by the Development Authority.
7.18.3
Parking for the physically handicapped shall be provided as provincial regulations require and
shall be considered part of the number of stalls required for the development.
7.18.4
When a building is enlarged or the use of a parcel or a building is changed or increased in
intensity, the additional parking spaces to be provided shall be limited to the difference between
the requirement of the original use or building and that of the enlarged building or changed use.
7.18.5
Parking spaces shall be located on the same parcel as the use for which they are being provided
except, subject to the approval of the Development Authority, the spaces may be located on
another parcel within 50.0 m (164.0 ft) of the boundary of the subject parcel, provided that a
restrictive covenant, ensuring that such parking stalls shall remain as long as the use remains, is
registered against the Certificate of Title of both parcels or the Development Authority has
agreed to allow parking in an off-site public lot.
7.18.6
Parking in front yards within residential districts shall be prohibited other than on driveways.
7.18.7
In all Districts, an off-street parking space shall be provided in accordance with the minimum
requirements of each use as determined by the Development Authority. The following
specifications as specified in Table 7.18.1 shall be adhered to:
LAND USE BYLAW NO. 11-2026
55
Table 7.18.1: Parking Stall Requirements
Parking
Angle in
Degrees
Width of
Stall
Depth of Stall
(Perpendicular
to
Maneuvering
Aisle)
Width of
Stall
(Parallel to
Maneuvering
Aisle)
Overall
Depth
Width of
Maneuvering
Aisle (one-
way)
a
b
c
d
e
f
0
3.0 m (9.8 ft)
3.0 m (9.8 ft)
7.0 m (22.3 ft)
10.0 m (32.8 ft) 4.0 m (13.1 ft)
30
3.0 m (9.8 ft)
5.0 m (16.4 ft)
5.5 m (18.0 ft)
14.0 m (45.9 ft) 4.0 m (13.1 ft)
45
3.0 m (9.8 ft)
6.0 m (19.7 ft)
4.0 m (13.1 ft)
15.5 m (50.9 ft)
4.0 m (13.1 ft)
60
3.0 m (9.8 ft)
6.0 m (19.7 ft)
3.0 m (9.8 ft)
19.0 m (62.3 ft)
6.0 m (19.7 ft)
90
3.0 m (9.8 ft)
6.0 m (19.7 ft)
3.0 m (9.8 ft)
19.0 m (62.3 ft)
7.0 m (23.0 ft)
7.18.8
The parking facility layout shall be provided in accordance with the following figure:
Figure 6: Showing the Definitions of Column Headings in Table 1
7.18.9
The following minimum number of parking spaces shall be provided and maintained upon the
use of a parcel or a building in any District as described in Section 10 of this Land Use Bylaw
and, unless otherwise stated, shall be calculated on the basis of gross floor area according to
the table below. Any calculation of the number of parking spaces which produces a requirement
for part of a space shall be rounded to the closest integer. In determining the parking
requirement for a parcel:
TOWN OF BRUDERHEIM
56
if a specific use is not mentioned below, the requirement shall be the same as for a similar
use, as determined by the Development Authority; and
if a parcel consists of multiple uses, the required parking shall be the sum of the
requirements for each use, unless it is demonstrated to the satisfaction of the Development
Authority that a shared parking facility with a reduced number of spaces will be sufficient.
The required parking may be combined or shared parking provided that a legal agreement is
entered into between the users or land owners, and further that the parking arrangements
are acceptable to the Development Authority; and
the minimum number of parking stalls for any development shall be in accordance with
Tables 7.18.2, 7.18.3, 7.18.4 and 7.18.5 below:
Table 7.18.2: Parking Requirements for Residential Uses
Uses
Parking Spaces
One Or Two Unit Dwelling
2 per dwelling unit
Multi-Unit Dwelling with One
Bedroom or Less Per Unit
1.5 per dwelling unit plus 1 visitor space per 7 units
Multi-Unit Dwelling with Two Or
More Bedrooms Per Unit
2 per dwelling unit plus 1 visitor space per 7 units
Assisted Care Housing
0.1 per dwelling unit + 1 per 2 employees + 0.2 per
patron (minimum 4)
Garage, Garden, In-Law, Secondary
and Surveillance Suites
1 per suite
Manufactured Home Parks
2 per manufactured home unit plus 1 visitor space per 7
manufacture home unit
Bed And Breakfast Establishments
1 per guest room or in the case of dorm style
accommodations (3 beds or more per room) 1 per 3 beds
+ stalls required for the primary dwelling unit
Boarding/Lodging House
1 per 3 beds (minimum of 1 stall) + stalls required for the
primary dwelling
All Other Uses
2 per dwelling unit
Table 7.18.3: Parking Requirements for Commercial Uses
Uses
Parking Spaces (# of Stalls/Gross Floor Area)
Retail Sales
3.5/100.0 m2 (1076.4 ft2)
Commercial Business Centre
4.0/100.0 m2 (1076.4 ft2)
Offices
2.0/100.0 m2 (1076.4 ft2)
Personal Services
2.0/100.0 m2 (1076.4 ft2)
Restaurants & Drinking
Establishments
1.0/5 seats and 1.0/3 employees
LAND USE BYLAW NO. 11-2026
57
Uses
Parking Spaces (# of Stalls/Gross Floor Area)
Hotels & Motels
1.0/guest room and 1.5/3 employees
Automobile And Equipment Sales
2.0/100.0 m2 (1076.4 ft2)
Repair Services
2.0/100.0 m2 (1076.4 ft2)
Drive-In Services Including
Car/Truck Wash
1.5/3 employees + queuing requirements
Service Station
1.5/3 employees + queuing requirements
Commercial Recreation, Indoor
5.0/100.0 m2 (1076.4 ft2)
Commercial Recreation, Outdoor
As required by the Development Authority
Commercial Entertainment Facility
5.5/100.0 m2 (1076.4 ft2)
Veterinary Clinic
2.0/100.0 m2 (1076.4 ft2)
Golf Course
5.0/golf course hole + requirements of other accessory
uses occurring at the golf course (i.e. retail, lounge,
restaurant etc.)
Table 7.18.4: Parking Requirements for Public Uses
Uses
Parking Spaces
Places Of Worship
1 per 4 seats
Hospitals & Other Health Care
Institutions
1 per 4 beds + 1 per 4 works per shift
Schools
-
Elementary & Junior High
-
Senior High
1 per staff + 5 visitor stalls
1 per staff and 1 per 10 students + 5 visitor stalls
Community Service Facility
3.5/100 m2 (1076.4 ft2)
Government Service
3.5/100 m2 (1076.4 ft2) + 0.5 stall/10m2 reception area
Municipal Service Facility
4 stalls
Other Service Facilities
As determined by the Development Authority but not less
than 1 per 10 seats
Table 7.18.5: Parking Requirements for Industrial Uses
Uses
Parking Spaces
Manufacturing Industry
-
Minimum provision
-
Office area
-
Other area
6 stalls
2/100.0 m2 (1076.4 ft2)
1/100.0 m2 (1076.4 ft2)
Warehousing and Storage
TOWN OF BRUDERHEIM
58
Uses
Parking Spaces
-
Minimum provision
-
Office area
-
Other area
4 stalls
2/100.0 m2 (1076.4 ft2)
0.7/100.0 m2 (1076.4 ft2)
Contractor Services
2/100.0 m2 (1076.4 ft2)
Industrial & Commercial Service
Support
2/100.0 m2 (1076.4 ft2)
Commercial Storage
2/100.0 m2 (1076.4 ft2) for office & retail space
Outdoor Storage Facility
2/100.0 m2 (1076.4 ft2) for office space
7.18.10 Off-Site and Communal Parking Facilities
Notwithstanding the above parking requirements, for uses listed in the Downtown
Commercial District (C1) and subject to approval of the Council, required parking for any
development(s) may be provided on another parcel, separate from the development(s) in
accordance with the following:
i.
The parking, in the opinion of the Development Authority, must be suitable, easily
accessible and within a reasonable distance of the associated development(s);
ii. Future use of the parcel must be ensured to the satisfaction of the Development
Authority. This may be done by a restrictive covenant registered on the title, a suitable
bond posted by the developer(s), or by any other legal method; and
iii. Payment may be made to the Town in lieu of the number of off-street parking spaces
deficient for the proposed use or uses as required by this Bylaw given a minimum of
75% of the total required off-street parking spaces are provided. The rate per space
shall be determined by Council and shall be based on the current market value of the
land.
7.18.11 Off-Street Loading Facilities
Off-street loading spaces shall be required for all non-residential developments and
apartments.
A loading space shall be designed and located so vehicles using it can park and maneuver
entirely within the bounds of the parcel before moving onto a public road.
A loading space shall be at least 4.0 m (13.12 ft) wide, 8.0 m (26.24 ft) long, and 4.3 m (14.1
ft) high.
A loading area shall be graded, drained, compacted and surfaced to the satisfaction of the
Development Authority.
Loading spaces shall be located in the rear and side yards only.
LAND USE BYLAW NO. 11-2026
59
A loading space shall be at least 4.0 m x 8.0 m (13.12 ft x 26.25 ft), with an overhead
clearance of at least 4.6 m (15.09 ft).
Hard surfacing of the loading space shall be required where a loading space enters a hard
surfaced public road; otherwise, the surfacing may be all-weather.
Loading spaces may be required to be screened be a method approved by the Development
Authority.
Loading spaces shall be provided in accordance with Table 7.18.6:
Table 7.18.6:Required Loading Spaces
Uses
Loading Spaces
Retail, industrial and the like, under
465 m2 (5,000 ft2); and
1 space
between 465 m2 (5,000 ft2) and
2,323 m2 (25,000 ft2); and
2 spaces
each additional 2,323 m2. (25,000
ft2) or fraction thereof;
1 space
Office, Place of Assembly,
Institution, Club, Public Education
Facility, or any other use up to 2,787
m2 (30,000 ft2); and
1 space
each additional 2,787 m2. (30,000
ft2) or fraction thereof
1 additional space
Neighbourhood Commercial Stores
1 additional space
7.18.12 Sight line calculations shall be in accordance with the Roads and Transportation Association of
Canada methods for determining crossing sight distances for roadways.
7.19 PIPELINE AND OTHER UTILITY CORRIDOR SETBACKS
7.19.1
Any development involving pipeline and/or power line rights-of-way shall be sited to comply with
all relevant Federal and Provincial legislation and regulations. Setbacks from pipelines and other
utility corridors shall be in accordance with appropriate Provincial legislation and regulations and
any regulations established by the Alberta Energy Regulator (AER) and Alberta Utilities
Commission.
7.20 PROJECTIONS INTO YARDS
7.20.1
Except as provided in this Section 7.20, and except for fences as noted in Section 7.11 of this
Bylaw, no portion of a building shall be located or project into a required yard.
TOWN OF BRUDERHEIM
60
7.20.2
Architectural features, such as unenclosed steps, chimneys, awnings, eaves, cornices, leaders,
gutters, pilasters, belt courses, sills, or satellite dishes under 1.0 m in diameter, may project into
a required side yard if they comply with the National Building Code - Alberta Edition, and:
Project no more than 0.5 m into yards equal to or less than 1.5 m, or
Project no more than 0.6 m into yards greater than 1.5 m.
7.20.3
Cantilevered projections, with or without windows, may project up to 0.6 m into a required yard
greater than 1.5 m, but in all cases at least 1.2 m must be maintained between the wall of the
projection and the property line.
7.20.4
Where the cantilevered projection in Section 7.20.2 above is in a required side yard that is not
flanking a road, the horizontal length of any one projection shall not exceed 3.0 m. In the case of
more than one (1) projection on a particular wall, the aggregate shall not exceed one-third (1/3)
of the length of the building wall exclusive of garage walls.
7.20.5
Balconies and decks may project up to 2.0 m into required yards with a minimum depth of 4.0 m,
and 0.5 m for required yards less than 4.0 m provided they do not encroach over an easement
or right-of-way.
7.20.6
Utilities, underground parking and similar structures constructed entirely beneath the surface of
the ground may encroach into required yards provided such underground encroachments are
covered by sufficient soil depth or surface treatment to foster landscaping.
7.21 SITE CIRCULATION
7.21.1
The space for the maneuvering and circulation of vehicles on a parcel shall be sufficient to
ensure that vehicles do not drive onto roads, other than lanes, or onto adjacent parcels when
maneuvering and circulating, except where an easement is registered for these purposes
against the title to the adjacent parcels.
7.22 SITE CONDITIONS AND BUFFERING REQUIREMENTS
7.22.1
The proponent for a development may be required to submit a site drainage plan and/or
elevation plan to ensure that finished grades on the site shall prevent drainage from one site to
adjacent sites except where drainage conforms to an acceptable local standard or a subdivision
drainage plan.
7.22.2
The Development Authority may prescribe setback and/or buffering requirements for uses, which
may be physically or visually incompatible with nearby land uses.
7.22.3
The Development Authority may require or approve screening for uses, which involve the
outdoor storage of goods, machinery, vehicles, building materials, waste materials, and other
similar materials.
LAND USE BYLAW NO. 11-2026
61
7.22.4
In considering the approval of an application, the Development Authority may require the
retention of trees or additional planting of such type and extent as considered necessary for the
purpose of ensuring buffering, erosion and/or dust control.
7.22.5
The Town will require Environmental Reserves, an Environmental Reserve Easement or a
combination thereof adjacent to bodies of water and lands containing significant environmental
features.
7.22.6
The amount of Reserves/Easement lands shall be at the discretion of the Town and the
Subdivision Authority who will normally base environmental reserve and environmental reserve
easement requirements on the following:
The Guidelines for Environmental Reserves and Environmental Reserve Easements
established by Sustainable Resource Development (see Appendix A); or
If this reserve/easement amount is disputed by the proponent of a development or
subdivision then the developer may provide the Town and the Subdivision Authority with a
biophysical, engineering and/or geotechnical study which indicates that an alternative
reserve/easement amount is appropriate for the subject site. If the report from the engineer
indicates that a lesser reserve/easement would be suitable and/or provides mitigation
recommendations which, if followed would allow for a lesser reserve/easement area then the
Approving Authority may, at their sole discretion, approve a subdivision with a lesser
reserve/easement area.
7.22.7
Notwithstanding Section 7.22.6, additional reserves/easements may be required by the Town
based on the recommendations of any engineering and/or geotechnical study provided for the
subject site.
7.22.8
Normally, no buildings of any kind shall be allowed within required setback areas.
7.22.9
Notwithstanding Section 7.22.6 the width of the required development setback shall be at the
sole discretion of the Development Authority who will normally base setback requirements on the
following:
The Guidelines for Environmental Reserves and Environmental Reserve Easements
established by Sustainable Resource Development (see Appendix A); or
If this setback amount is disputed by the proponent of a development, then the developer
may provide the approving Authority with a biophysical, engineering and/or geotechnical
study which indicates that an alternative setback amount is appropriate for the subject site. If
the report from the engineer indicates that a lesser setback would be suitable and/or
provides mitigation recommendations which, if followed would allow for a lesser setback
then the Approving Authority may, at their sole discretion, approve the development with a
lesser reserve/easement area.
TOWN OF BRUDERHEIM
62
Figure 7: Setbacks from Watercourses and Water Bodies
7.22.10 The Development Authority may require the applicant to submit as part of a development permit
application an assessment by a registered professional engineer practicing in Alberta indicating
the stability of the soils and slopes for the development proposed, and how sufficient stability for
the development can be ensured in order to determine the appropriate setback distance and/or
site specific building requirements.
7.22.11 If the report from the engineer indicates that a lesser setback would be suitable and/or provides
mitigation recommendations which, if followed would allow for a lesser setback then the
Development Authority may, at their sole discretion, approve a development with a lesser
setback.
7.22.12 If the development is approved with the lesser setback, the Development Authority may require,
as a condition of the approval of the permit, that the developer construct those works or abide by
those conditions necessary to ensure the stability of the soils and slopes as determined in the
assessment.
7.22.13 If any development is damaged or threatened with damage from flooding from a water body, a
river, creek or watercourse, the landowner will be entirely responsible for any damage and for
any works necessary for protecting the development from damage.
7.22.14 If any development is damaged or threatened with damage from erosion or the effects of
erosion, or from flooding or the effects of flooding, whether or not a development permit has
been issued in respect of the development, the landowner will be entirely responsible for any
damage and for any works necessary for protecting the development from damage.
LAND USE BYLAW NO. 11-2026
63
7.22.15 The Development Authority will not approve a development permit application for the
development or placement of permanent buildings within the 1:100 year flood way of any lake,
river, creek, watercourse or water body.
7.22.16 Development shall not be permitted on steep slopes (in excess of 15%), on unstable slopes or
land characterized by soil instability, or on lands exhibiting evidence of poor drainage or flooding
unless it can be demonstrated to the satisfaction of the Development Authority that unique site
requirements warrant otherwise by providing a geotechnical report provided by a professional
engineer registered in the Province of Alberta.
7.22.17 No person shall remove topsoil without first obtaining a development permit. A temporary fence
shall be erected around all excavations that, in the opinion of the Development Authority, may be
hazardous to the public.
7.22.18 There shall be provided upon occupancy of the development, minimum topsoil coverage of 6
inches and the affected area shall be landscaped to the satisfaction of the Development
Authority.
7.23 SITE LIGHTING
7.23.1
A development permit for non-residential uses adjacent to residential uses may require a lighting
plan as part of an application, at the discretion of the Development Authority.
7.23.2
Where artificial outdoor lighting is provided to illuminate any lot, building or site, the type and
location of lighting shall:
Serve a useful purpose and be limited to what is necessary for a particular use;
Be designed to use outdoor light fixtures that direct the light downward;
Be located and arranged so that no direct rays of light are directed at an adjoining lot or site;
Not adversely affect the use, enjoyment and privacy of any dwelling and its amenity spaces;
and
Not adversely affect traffic safety
7.24 SITE PROTECTION FROM EXPOSURE HAZARDS
7.24.1
Any development involving pipeline rights-of-way, utility rights-of-way, and/or oil and gas wells
shall be sited to comply with all relevant Federal and Provincial legislation and regulations.
Setbacks from pipelines, utility corridors, and oil and gas wells shall be in accordance with
appropriate Provincial legislation and regulations and any regulations established by the Alberta
Energy Regulator.
TOWN OF BRUDERHEIM
64
7.25 SUBDIVISION OF LAND
7.25.1
Where the development of land requires a subdivision, no development permit shall be issued
until the subdivision has been registered
7.25.2
Development agreements shall be required as a condition of approval for subdivision of land
within the Town.
7.25.3
Property taxes must be up to date prior to final endorsement of any subdivision within the Town.
7.26 WATER SUPPLY AND SANITARY FACILITIES
7.26.1
All buildings to be used for residential, commercial, industrial, or recreational purpose shall be
provided by the applicant with water supply, sanitary facilities that meet Provincial legislation and
regulations.
7.26.2
A development permit shall not be issued for residential, commercial, industrial or recreational
uses unless the Development Authority is satisfied that water supplies of sufficient quality and
quantity are or will be made available to support the proposed development.
LAND USE BYLAW NO. 11-2026
65
8
SPECIAL PROVISIONS
8.1
ADULT ENTERTAINMENT ESTABLISHMENTS
8.1.1
In considering an application for approval of a development permit for an adult entertainment
establishment as a principal or accessory use, the Development Authority shall require the
development to be located on a parcel, the boundary of which is not less than 100.0 m (492.0 ft)
from the boundary of any parcel located in a residential district, any parcel with an existing
institutional use, including schools and places of worship, or any parcel developed as a park or
playground. Adult entertainment establishments shall only be permitted as an accessory use to a
drinking establishment.
8.2
ALCOHOL RETAIL SALES
8.2.1
The proposed development shall meet all provincial and all other relevant statutory requirements
prior to commencement of the operation and provide evidence of applicable provincial approvals
to the satisfaction of the Development Authority.
8.2.2
Supplementary information and/or studies may be required. Additional information and studies
will be determined on a case-by-case basis.
8.2.3
The development authority at its discretion may require lighting, signage, or screening measures
that make the proposed development compatible with adjacent or nearby residential, mixed use,
or commercial development.
8.2.4
A minimum distance of 200.0 m (656.2 ft) shall be required between the lot boundary of an
alcohol retail sales development and the lot boundary of any other alcohol retail use.
8.2.5
At the time of development permit application, the lot boundary of any alcohol retail sales shall
be located a minimum of 100.0 m (328.1 ft) from lot boundary to any of the following uses:
a provincial health care facility;
a parcel of land designated as municipal or school reserve under the Municipal Government
Act; or
a school established by provincial legislation.
8.2.6
Notwithstanding Section 8.2.5.c), the 100.0 m (328.1 ft) required setback shall not apply with
respect to homes schools.
8.3
BARE LAND CONDOMINIUMS
TOWN OF BRUDERHEIM
66
8.3.1
A Bare Land Condominium development must comply with all the general regulations of this
Bylaw, including the regulations of the applicable Land Use District.
8.3.2
An application for a Bare Land Condominium development shall include a comprehensive site
plan, in accordance with Section 3.4 of this Bylaw.
8.3.3
For the purposes of this Bylaw, a Bare Land Condominium Plan is a plan of subdivision and a
unit on a Bare Land Condominium Plan is a lot.
8.4
BED AND BREAKFAST OPERATIONS
8.4.1
A bed and breakfast establishment, which shall be considered to be major home occupation,
shall, in addition to the regulations for major home occupations, comply with the following
regulations:
A bed and breakfast establishment shall not change the principal character or external
appearance of the dwelling involved.
A bed and breakfast establishment shall have a maximum of four (4) sleeping units.
Cooking facilities shall not be located within the sleeping units. All facilities shall meet public
health regulations.
Off-street parking spaces shall be provided in addition to the parking spaces required for a
detached dwelling as listed in Section 6.16. Spaces shall not be tandem unless otherwise
stated in this Bylaw.
A bed and breakfast establishment shall be operated by a live-in owner(s) and shall not
change the character of the surrounding area.
8.4.2
One (1) sign with a maximum size of 0.56 m2 (6.0 ft2) and a maximum height of 1.2 m (3.9 ft)
shall be permitted on the site of a bed and breakfast.
8.4.3
A bed and breakfast shall not be permitted on a parcel where another home occupation, a care
centre or a social care home exists.
8.5
CAMPGROUNDS
8.5.1
Where a campground proposal will ultimately exceed sixty (60) campsites and/or cabins and is
located on a parcel greater than 8.0 ha (19.8 ac), a development concept plan for the
development of the entire tract of land shall be submitted an approved by the Development
Authority prior to submitting a development permit application for any specific development. The
development concept plan shall include detailed plans and specifications (i.e. servicing, traffic,
environmental considerations, etc.) for the initial stage, as well as any subsequent stages of
development.
LAND USE BYLAW NO. 11-2026
67
8.5.2
A minimum of 10% of the gross lot area of the campground shall be set aside for a common
recreation area and shall be developed and maintained as a park, playground or other useable
open space. No portion of any other use and/or facility shall be included in this area.
8.5.3
Visitor parking shall be provided in common areas within a campground area, to the satisfaction
of the Development Authority.
8.5.4
All campgrounds shall be provided with safe and convenient vehicular access and all roadways
within a campground shall be of a surface and standard acceptable to a Development Authority
for the purposes of accommodating emergency, fire and maintenance vehicles.
8.5.5
Within a campground development, the roadway system will be sensitive to the topography and
site characteristics of the site and shall be "signed" to avoid confusion.
8.5.6
All campsites shall be accessible by means of an access at least 3.7 m (12.1 ft) in width where
the access is for one-way traffic, or at least 6.0 m (19.7 ft) in width where the access is for two-
way traffic.
8.5.7
Trees and natural vegetative cover shall not be removed without an approved development
permit or development concept plan. The Development Authority may prevent the removal of
trees or shrubs adjacent to environmentally sensitive areas.
8.5.8
Any adjoining residential area(s) shall be screened by a solid fence or year-round vegetation
with a minimum height of 2.0 m (6.6 ft), to the satisfaction of the Development Authority.
8.5.9
A sufficient number of picnic tables, fire pits and refuse facilities shall be provided to
accommodate the design capacity of the campground. Exact numbers shall be at the discretion
of the Development Authority
8.5.10
Fires shall only be permitted in facilities which have been provided for such purpose or where
open fires are allowed by the Town's fire department.
8.5.11
Fireplaces, fire pits, charcoal and other barbeque equipment, wood burning stoves, or any other
cooking facilities shall be located, constructed, maintained and used to minimize fire hazard and
smoke nuisance in the campground and the neighbouring properties.
8.5.12
Fire extinguishers capable of dealing with electrical and wood fires shall be kept in all service
buildings.
8.5.13
A suitable access and egress shall be provided so that every campground may be readily
serviced in emergency situations. Twenty-four (24) hour emergency communication service (e.g.
telephones) shall be provided.
8.5.14
Pedestrian walkways having a width of not less than 1.2 m (3.9 ft) shall be provided from
campground stalls to all service buildings, facilities, refuse collection areas and recreation areas.
TOWN OF BRUDERHEIM
68
The walkways shall be well drained, well lighted, and the surface shall be constructed to a
standard to the satisfaction of the Development Authority.
8.5.15
The storage, collection and disposal of solid waste in campgrounds shall be so conducted as to
create no health hazards, rodent harbourage, insect breeding areas, or accident or fire hazards.
Individual or grouped refuse containers must be screened to the satisfaction of the Development
Authority.
8.5.16
Campgrounds with less than sixty (60) campsites and no permanent cabins shall be required to
provide sewage disposal and water service facilities to the satisfaction of the Development
Authority and in compliance with all applicable Provincial regulations.
8.5.17
Campgrounds with more than sixty (60) campsites and with permanent cabins shall provide on-
site services as follows:
A water supply system shall be provided for each campsite designed to accommodate the
campground user occupying a self-contained recreational vehicle or a cabin and shall be
connected to a community water supply system. The water system for a campground shall
be constructed to the satisfaction of the Town Engineer and the Development Authority in
accordance with all applicable Provincial and Town regulations.
Alternatively, a campground may provide one or more easily accessible supply outlets for
filling potable water storage tanks. The water supply outlets shall be located within 100.0 m
(328.1 ft) of the campsites. The water supply outlets shall be constructed to the satisfaction
of the Town Engineer and the Development Authority in accordance with all applicable
Provincial and Town regulations.
An adequate and safe sewage disposal system shall be provided in a campground for each
campsite designed to accommodate the campground user occupying a self-contained
vehicle or cabin and shall be connected to a community sewage system and/or sanitary
dumping station, to the satisfaction of the Development Authority. The sewage disposal
system in a campground shall be constructed to the satisfaction of the Town Engineer and
the Development Authority and shall comply with all applicable Provincial and Town
regulations and shall be maintained to the standards of the regulatory approvals.
A campground shall be provided with sanitary dumping stations in the ration of one for every
one hundred recreational vehicle spaces or fractional part thereof. The sanitary dumping
stations shall be designed and maintained to Town regulations and standards to the
satisfaction of the Town Engineer and the Development Authority. Each station shall provide
a water outlet, with the necessary appurtenances connected to the water supply system to
permit periodic wash down of the immediate adjacent areas. A sign shall be posted near the
water outlet indicating that this water is for flushing and cleaning purposes only. Sanitary
stations shall be separated from any campsite or cabin by a distance of not less than 20.0 m
(65.6 ft).
LAND USE BYLAW NO. 11-2026
69
In no case shall less than one (1) toilet and lavatory be provided for each gender for every
ten (10) campsites.
8.5.18
Campgrounds, containing campsites, cabins, hotels and/or motels are considered temporary
occupancies, and consequently, the maximum occupancy is two hundred and forty (240) days
per calendar year.
8.5.19
The minimum size for a campsite shall be:
10.0 m (32.8 ft) in width;
25.0 m (82.0 ft) in depth; and
325.0 m2 (3500.0 ft2) in area.
8.5.20
A recreational vehicle/travel trailer on a campsite shall be separated a minimum of 3.0 m (9.8 ft)
from:
another recreational vehicle/travel trailer on an adjacent site;
other structures; and
an interior roadway.
8.5.21
Each campsite shall provide two parking spaces on the campsite.
8.5.22
All campsites shall be required to provide an acceptable form of ground cover to prevent
erosion.
8.6
CANNABIS PRODUCTION AND DISTRIBUTION FACILITY
8.6.1
At all times a cannabis production and distribution facility shall comply with all municipal,
provincial, and federal regulations and legislation that apply to the development.
8.6.2
A copy of the current licence(s) and/or approvals for a proposed cannabis production and
distribution facility, as issued by the provincial and/or federal government, shall be provided to
the Development Authority with the development permit application or as a condition of
development permit approval.
8.6.3
A cannabis production and distribution facility shall be developed and operated in accordance
with all plans and other information provided to and approved by the Development Authority as
part of the application for a development permit.
8.6.4
All processing, loading, receiving, and shipping of cannabis and other goods, materials or
supplies, garbage containers, storage containers and waste material must be contained within
the building containing the use.
TOWN OF BRUDERHEIM
70
8.6.5
The cannabis production and distribution facility shall include equipment installed and functional
in order to remove odours from the air where it is discharged from the building as part of a
ventilation system.
8.6.6
All cannabis production and distribution facility applications will be reviewed to ensure the
proposal will not negatively impact the surrounding area in which it is located, and all
applications will be at the discretion of the Development Authority.
8.6.7
Only the company's name and/or logo shall be visible from the property, no other advertising
shall be permitted subject to approval by the Development Authority.
8.6.8
A cannabis production and distribution facility shall be located in a stand-alone building(s). A
surveillance suite may be located on the lot containing the use.
8.6.9
Landscaping and parking requirements for a cannabis production and distribution facility shall be
as determined by the Development Authority.
8.6.10
Hours of operation may be restricted as a condition of the development permit issued by the
Development Authority.
8.6.11
The illumination of parking areas walkways, signs, and other structures associated with cannabis
production and distribution development shall be arranged to meet the requirements under
municipal, provincial and federal regulations.
8.6.12
The minimum required lot size shall be at the discretion of the Development Authority.
8.6.13
Parking and loading requirements for cannabis production and distribution facilities shall be
provided based on the requirements for and industrial use in Section 7.18 of this Bylaw, and any
applicable requirements in provincial and federal regulations, as amended.
8.6.14
A cannabis production and distribution facility that has been closed for a period of one (1) year
may be required at the discretion of the Development Authority to be decommissioned and
remediated in accordance with any applicable legislation and regulations.
8.6.15
Landscaping requirements shall be at the discretion of the Development Authority.
8.6.16
The minimum required setback from any watercourse or water body shall be 30.0 m (98.0 ft.).
8.6.17
A building or structure used for security purposes for a cannabis production and distribution
development may be located in the front yard and must comply with the required minimum
setbacks in the applicable district.
8.6.18
At the time of application for a development permit, the lot boundary of any cannabis production
and distribution facility use shall be located a minimum of 500.0 m (1640.4 ft) from lot boundary
to any of the following uses:
LAND USE BYLAW NO. 11-2026
71
a provincial health care facility;
a parcel of land designated as municipal or school reserve under the Municipal Government
Act;
a school established by provincial legislation and regulations; or
an existing dwelling.
The Development Authority may reduce the separation distance where it is demonstrated that
there would be no adverse land use impacts, and the intent of the regulation is not
compromised.
8.6.19
Notwithstanding Section 8.6.11.c) the 500.0 m (1640.4 ft) required setback shall only apply with
respect to home schools.
8.6.20
These regulations are not exclusive and shall not prevent the Town from exercising any other
remedy available under the law, nor shall the provisions of this section prohibit or restrict other
federal or provincial legislation or regulations.
8.7
CANNABIS RETAIL SALES
8.7.1
Prior to the commencement of development, the applicant shall obtain the required provincial
licence and shall maintain the licence in good standing thereafter.
8.7.2
At all times a cannabis retail sales use shall comply with all municipal, provincial, and federal
regulations and legislation that apply to the development.
8.7.3
A copy of the current licence(s) and/or approvals for a proposed cannabis retails sales, as
issued by the provincial and/or federal government, shall be provided to the Development
Authority with the development permit application or as a condition of development permit
approval.
8.7.4
A minimum distance of 200.0 m (656.2 ft) shall be required between the lot boundary of a
cannabis retail sales development and the lot boundary of any other cannabis retail sales use.
8.7.5
At the time of development permit application, the lot boundary of any cannabis retail sales shall
be located a minimum of 100.0 m (328.1 ft) from lot boundary to any of the following uses:
a provincial health care facility;
a parcel of land designated as municipal or school reserve under the Municipal Government
Act; or
a school established by provincial legislation.
8.7.6
Notwithstanding Section 8.7.4.c), the 100.0 m (328.1 ft) required setback shall not apply with
respect to homes schools.
TOWN OF BRUDERHEIM
72
8.7.7
Only the company's name and/or logo shall be visible from the property, no other advertising
shall be permitted subject to approval by the Development Authority.
8.7.8
The design of buildings on the site shall be consistent with the characteristics and appearance of
the surrounding neighbourhood.
8.7.9
Hours of operation may be restricted as a condition of the development permit issued by
Development Authority.
8.7.10
Parking and loading requirements for a cannabis retail sales shall be provided based on the
requirements for a commercial use in Section 7.18 of this Bylaw, and any applicable
requirements in provincial and federal regulations, as amended.
8.7.11
No outdoor storage of goods, material, or supplies shall be permitted.
8.7.12
In addition to the regulations described in Section 7.14 of this Bylaw, additional landscaping may
be required at the discretion of the Development Authority.
8.8
CAR WASH
8.8.1
A person applying to develop a site as a car wash where allowed under this Bylaw shall comply
with the following provisions of this Section.
In addition to those Districts where vehicle washing establishments are permitted or
discretionary, a vehicle washing establishment may be allowed as a discretionary use as
part of a shopping centre if the Development Authority is satisfied that it will not adversely
affect an adjoining land use or the function for the shopping centre in relation to traffic
circulation.
The minimum site area shall be 557.4 m2 (6,000.0 ft2) and shall contain storage space for
ten (10) vehicles prior to their entry into any part of the cleaning process for which they are
bound. In the case of service stations including car washes, a minimum site area shall be
111.5 m2 (1,200.0 ft2).
All site and building requirements shall be to the satisfaction of the Development Authority.
8.9
CONFINED FEEDING OPERATIONS AND MANURE STORAGE
FACILITIES
8.9.1
Confined feeding operations and manure storage facilities for which an approval or a registration
is required pursuant to the Agricultural Operations Act are not permitted within the Town of
Bruderheim.
LAND USE BYLAW NO. 11-2026
73
8.10 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN
8.10.1
During the review of a development permit application, the Development Authority may consider
the following Crime Prevention Through Environmental Design (CPTED) principles, and make
recommendations for the proposed development:
the reduction of concealment opportunities;
the provision of lighting to minimize unlit areas;
the placement of windows to maximize informal surveillance; and
easily identified street addresses.
8.11 DRIVE - IN (THROUGH) ORIENTED BUSINESSES
8.11.1
Queuing space shall be provided on the same site as the development as follows:
For drive-in food services and other development having a service window, a minimum of six
(6) inbound queuing spaces shall be provided for vehicles approaching the service window.
One (1) outbound queuing space shall be provided on the exit side of the service window;
For drive-through vehicle services, a minimum of five (5) inbound queuing spaces shall be
provided and a minimum of two (2) outbound queuing spaces shall be provided prior to
exiting unto a public roadway; and
Each queuing space shall be a minimum of 5.5 m (18.0 ft) long and 3.0 m (9.84 ft) wide.
Queuing lanes shall provide sufficient space for turning and maneuvering.
8.11.2
Service Stations and Gas Bars:
A canopy over a pump island may extend to within 3.0 m (9.84 ft) of the boundary of the site.
The canopy area shall not constitute part of the site coverage for the purpose of this section.
8.12 HOME OCCUPATIONS
8.12.1
All development permits issued for home occupations shall be revocable at any time by the
Development Authority, if, in his/her opinion, the use is or has become detrimental to the
amenities of the neighbourhood in which it is located.
8.12.2
A permit issued for a home occupation is valid for one year or longer as determined by the
Development Authority. It is the obligation of the developer to seek renewal of a development
permit prior to the expiry of the time period for which the initial permit was issued. The
Development Authority shall consider the renewal on its merits.
TOWN OF BRUDERHEIM
74
8.12.3
A stop order may be issued at any time if, in the opinion of the Development Authority, the
operator of the home occupation has violated any provision of this Bylaw or conditions of the
approval of the development permit.
8.12.4
General Regulations
All home occupations shall comply with the following requirements:
i.
In addition to a development permit application, each application for a home occupation
shall be accompanied by a description of the business to be undertaken in the dwelling,
an indication of the anticipated number of business visits per week, and details for the
provision of parking along with other pertinent details of the business operation.
ii. When a development permit is issued for a home occupation, such permit shall be
terminated should the applicant vacate the property for which the permit has been
issued.
iii. Home occupations shall not involve:
I)
activities that use or store hazardous material in quantities exceeding those found in
a normal household; or
II) any use that would, in the opinion of the Development Authority, materially interfere
with or affect the use, enjoyment or value of neighbouring properties.
iv. No offensive noise, vibration, smoke, dust, odour, heat, glare, electrical or radio
disturbance detectable beyond the boundary of the lot on which the home occupation is
located shall be produced by the home occupation.
v. There shall be no exterior signage, display or advertisement other than a business
identification sign which shall not exceed 1.0 m2 (10.8 ft2) in size unless otherwise
granted in a separate development permit.
vi. In the Residential Districts, no more than one (1) commercial vehicle, up to the size of a
tandem truck, to be used in conjunction with the home occupation, shall be parked on
the site. The parking space for the commercial vehicle shall be either within a garage or
adequately screened and sited behind the main building to the satisfaction of the
Development Authority.
vii. In the Urban Reserve (UR) District, not more than four (4) commercial vehicles, each
with one (1) accessory trailer, to be used in conjunction with a major home occupation,
shall be parked or maintained on the site.
8.12.5
Additional Regulations Affecting Minor Home Occupations
In addition to the requirements of Section 8.12.4 above, a minor home occupation shall
comply with the following regulations:
i.
A minor home occupation shall not occupy more than 20% of the gross floor area or 30
m2 (323 ft2) of the main building, whichever is greater.
LAND USE BYLAW NO. 11-2026
75
ii. There shall be no outdoor business activity or outdoor storage of material or equipment
associated with the minor home occupation allowed on the site. Storage related to the
minor home occupation shall be allowed in either the dwelling or accessory buildings.
iii. Up to five (5) business visits per day are allowed.
iv. Exterior alterations or additions to accommodate a minor home occupation shall not be
allowed.
v. A minor home occupation shall not employ any person on-site other than the occupants
of the dwelling.
8.12.6
Additional Regulations Affecting Major Home Occupations
In addition to the requirements of Section 8.12.4 above, a major home occupation shall
comply with the following regulations:
i.
The number of non-resident employees working on-site shall not exceed two (2).
ii. Up to eight (8) business visits per day are allowed.
iii. Any interior or exterior alterations or additions to accommodate a major home
occupation may be allowed at the discretion of the Development Authority, as long as
such alterations comply with this Bylaw and the Alberta Safety Codes thereunder.
8.13 INDUSTRIAL DEVELOPMENT
8.13.1
The Development Authority may request advisory comment from various departments within the
Provincial and Federal Government and/or from the Health Authority, when considering an
application for the establishment of an industrial use.
8.13.2
All site regulations and development requirements, including any requirement for buffers, shall
be based upon the type of industrial development proposed and shall be at the discretion of the
Development Authority.
8.13.3
A development permit for an industrial use may only be issued if, in the opinion of the
Development Authority, the applicant can satisfy the Development Authority with respect to any
concerns about:
The type and level of exhaust that may be emitted into the atmosphere by the proposed
development;
Servicing requirements and provisions for meeting them; and
Any costs associated with providing new or upgraded municipal services associated with the
proposed development.
TOWN OF BRUDERHEIM
76
8.14 INDUSTRIAL HEMP PRODUCTION AND DISTRIBUTION
FACILITY
8.14.1
At all times an industrial hemp production and distribution facility shall comply with all municipal,
provincial, and federal regulations and legislation that apply to the development.
8.14.2
A copy of the current licence(s) and/or approvals for a proposed industrial hemp production and
distribution facility, as issued by the provincial and/or federal government, shall be provided to
the Development Authority with the development permit application or as a condition of
development permit approval.
8.14.3
An industrial hemp production and distribution facility shall be developed and operated in
accordance with all plans and other information provided to and approved by the Development
Authority as part of the application for a development permit.
8.14.4
The design of buildings on the site shall be consistent with the characteristics and appearance of
the surrounding neighborhood.
8.14.5
Hours of operation may be restricted as a condition of the development permit issued by the
Development Authority.
8.14.6
The illumination of parking areas, walkways, signs, and other structures associated with
industrial hemp production and distributions development shall be arranged to meet the
requirements under municipal, provincial and federal regulations.
8.14.7
The minimum required lot size shall be at the discretion of the Development Authority.
8.14.8
Parking and loading requirements for an industrial hemp production and distribution facility shall
be provided based on the requirements for industrial use in Section 7.18 of this Bylaw, and any
applicable requirements in provincial and federal regulations, as amended.
8.14.9
Solid waste material shall be secured in accordance with provincial and federal regulations until
destroyed.
8.14.10 Applications for subdivision of land for this use may be required to include information required
by the Development Authority in Section 3.4.
8.14.11 Landscaping requirements shall be at the discretion of the Development Authority.
8.14.12 On site buffering measures may be required for all industrial hemp production and distribution
facilities. Buffers may include a combination of setbacks, landscaping, and fencing to mitigate
the impacts on adjacent lots.
8.14.13 Minimum setback from any watercourse or waterbody shall be 30.0 m (98.0 ft.).
LAND USE BYLAW NO. 11-2026
77
8.14.14 The development shall be designed to minimize any exposure or disturbance to the surrounding
area including, but not limited to, dust, pollution, noise, odour, or any other related land use
nuisance effects.
8.14.15 A building or structure used for security purposes for a hemp production and distribution facility
may be located in the front yard and must comply with the required minimum setbacks in the
applicable district.
8.15 MANUFACTURED HOME PARK
8.15.1
Manufactured home stalls shall be located minimum of 3.0 m (10.0 ft) from the manufactured
home park boundary. The setback strip shall be landscaped and/or fenced to the satisfaction of
the Development Authority.
8.15.2
The minimum size for a manufactured home stall shall be 464.5 m2 (5000.0 ft2).
8.15.3
All roads shall be constructed and maintained to the satisfaction of the Development Authority.
The minimum road right-of-way width shall be 9.14 m (30.0 ft).
8.15.4
There shall be safe, convenient, all-season pedestrian access of not less than 1.0 m (3.3 ft) in
width for the intended use between individual manufactured homes, the park streets and all
community facilities provided for park residents.
8.15.5
Visitor parking spaces shall be provided as required by the Development Authority, and shall not
be used for the storage of boats, recreational vehicles, trailers, etc.
8.15.6
Two (2) off-street parking spaces shall be provided on or adjacent to each recreational space as
required by the Development Authority.
8.15.7
A minimum of 10% of the gross site area shall be devoted to recreational use or recreational
space as required by the Development Authority.
8.15.8
All areas not occupied by manufactured homes and their additions, internal roads, footpaths,
driveways, permanent buildings and any other developed facilities, shall be fully landscaped to
the satisfaction of the Development Authority. Screen fences or walls shall be erected where
deemed necessary by the Development Authority around laundry yards, refuse collection points
and playgrounds.
8.15.9
No part of the park shall be used for non-residential purposes except such uses as are required
for the direct servicing and well-being of the park resident and for the management and
maintenance of the park.
8.15.10 Each manufactured home stall shall be clearly marked off by means of stakes, countersunk steel
posts, fences, curbs or hedges.
TOWN OF BRUDERHEIM
78
8.15.11 Street lighting shall be to the same standard as that in a conventional residential neighbourhood.
8.15.12 Manufactured homes shall be separated from each other by at least 6.1 m (20.0 ft) side-to-side
and at least 3.05 m (10.0 ft) from either front or rear stall line, provided further that any porch or
addition to the manufactured home is regarded as part of the manufactured home for the
purpose of spacing. Notwithstanding the above, the minimum side yard requirement shall be
3.05 m (10.0 ft).
8.15.13 The minimum site area shall be 2.02 ha (5.0 ac).
8.15.14 The maximum permissible density shall be fifteen (15) manufactured home spaces per gross
developable hectare (6 per acre) of the area actually being developed at each stage of the
development.
8.16 MANUFACTURED HOMES
8.16.1
Before a development permit is issued for a manufactured home, the Development Authority
shall normally receive verification that the home fully complies with both the CSA Z240 MH
National Manufactured Home Standard and the National Building Code - Alberta Edition. If the
CSA Z240 sticker or the Alberta Municipal Affairs sticker verifying compliance to the ABC is
missing, the Development Authority may require an inspection by an Alberta Safety Codes
Officer or structural engineer certified to conduct such inspection.
8.16.2
Should an inspection by a Safety Codes Officer be required, and should the inspection indicate
that upgrades to the manufactured home are necessary to bring the home into compliance with
the CSA Z240 standard or the National Building Code - Alberta Edition, all required upgrades
shall be made before the issuance of a development permit.
8.16.3
In addition to the requirements of Section 8.16.1, a manufactured home located within a
residential District must meet the following aesthetic regulations:
The height of the main floor above grade shall be consistent with the height of the main floor
of dwellings in the immediate and general area.
The roof pitch shall be consistent with the roof pitch of dwellings in the immediate and
general area.
Exterior finishing materials used on the roof and exterior walls shall be consistent with the
materials used on dwellings in the immediate and general area and in good condition.
Minimum roof overhang or eaves should be consistent with the overhang or eaves of
dwellings in the immediate or general area.
The design of each manufactured home shall ensure the side or end facing the street on
which the home fronts contain a prominently placed front door, and windows in quantity and
size that are consistent with dwellings in the immediate area.
LAND USE BYLAW NO. 11-2026
79
Every manufactured home shall be placed on a full perimeter foundation that complies with
the Alberta Building Code unless the manufactured home is designed to be supported on
longitudinal floor beams, in which case an alternate skirted foundation system as described
in CSA Z240.10.1 may be employed.
The full perimeter foundation or the skirting material utilized on an alternative skirting
foundation should be parged in order create the same finished appearance customarily
found on concrete basements of single detached dwellings in the immediate and general
area.
All accessory structures, such as patios, porches, additions and skirting, shall be:
i.
factory-prefabricated units or the equivalent thereof, and so designed and erected as to
harmonize with the manufactured homes, and
ii. considered as part of the main building; and
iii. erected only after obtaining a development permit.
The floor area of porches and additions shall be proportionate to the floor area of the
manufactured home unit and this relationship shall be determined by the Development
Authority.
No accessory building, use or parking space shall be located in the front yard of a
manufactured home use.
For the purposes of storage, any furniture, domestic equipment or seasonally used
equipment shall be stored in adequate covered storage or screening either individually on
the lot or communally and shall conform to the National Building Code - Alberta Edition
standards.
The following regulations also apply to manufactured home uses located in residential
subdivisions and manufactured home parks:
i.
The hitch and wheels are to be removed from the manufactured home.
ii. All manufactured homes shall be placed on a full perimeter foundation that complies
with the National Building Code - Alberta Edition unless the manufactured home is
designed to be supported on longitudinal floor beams, in which case an alternate skirted
foundation system as described in CSA Z240.10.1 may be employed; and
iii. The full perimeter foundation or the skirting material utilized on an alternative skirting
foundation should be parged in order create the same finished appearance customarily
found on concrete basements of single detached dwellings in the immediate and general
area.
iv. The property is to be grassed and landscaped within one (1) year from the date of issue
of the development permit.
v. Minimum lot area and width may be less in the case of existing registered substandard
lots, with the approval of the Development Authority.
TOWN OF BRUDERHEIM
80
8.16.4
Any required aesthetic upgrades to the manufactured home must be completed before the
issuance of the development permit. The completion of foundation or skirting material must be
completed within thirty (30) days of the placement of the manufactured home on a site.
8.16.5
With the exception of driveways, no accessory building or use shall be located in the front yard
of a manufactured home park or any Residential District.
8.17 MOTELS AND HOTELS
8.17.1
A person applying to develop a site as a motel or hotel where permitted under this Bylaw shall
comply with the following provisions of this section.
8.17.2
Site Requirements for Motels and Hotels shall comply with Table 8.17.1
Table 8.17.1:Motel and Hotel Required Loading Spaces
Minimum Site Area
Yards
Minimum Floor Area / Unit
One Storey
139.3 m2 (1500.0 ft2)
-
Front 7.6 m (25 ft)
-
Side 3.0 m (10 ft)
-
Rear 3.0 m (10 ft)
26.4 m2 (285.0 ft2)
Two to Four Storeys
93.0 m2 (1000.0 ft2) per
floor
-
Front 7.6 m (25 ft)
-
Side 3.0 m (10 ft)
-
Rear 3.0 m (10 ft)
26.4 m2 (285.0 ft2)
8.17.3
The maximum height of a motel or hotel shall be 14.0 m (45.9 ft) or 4.0 storeys.
8.17.4
Space Between Buildings
Except in the case of rentable units and any other buildings where connected by a
continuous roof to form a shelter for motor vehicles, not less than 3.6 m (12.0 ft) of clear and
unoccupied space shall be provided between each rentable unit and any other building on
the site.
8.17.5
Driveways
Each rentable unit shall face onto or abut a driveway not less than 6.0 m (20.0 ft) in width
and shall have unobstructed access thereto.
8.17.6
Entrances and Exits
Not more than two (2) motor vehicle accesses, each with a minimum of width of 7.5 m (25.0
ft) and a maximum width of 12.0 m (40.0 ft) shall be permitted.
8.17.7
Maintenance of Site and Buildings and Business
LAND USE BYLAW NO. 11-2026
81
The owner, tenant, operator or person in charge of a motel or hotel shall at all times:
i.
Maintain the site and the buildings, structure and improvements thereon in a clean, neat,
tidy and attractive condition and free from all rubbish and debris.
ii. Maintain refuse and/or incineration facilities to the satisfaction of the Development
Authority.
iii. Maintain an appropriate fence where required, no less than 0.9 m (3.0 ft) in height
around the boundaries of the site and shall landscape and keep the site landscaped, to
the satisfaction of the Development Authority.
8.18 NEIGHBOURHOOD COMMERCIAL DEVELOPMENTS
8.18.1
Neighbourhood commercial developments located entirely within a standalone building or
located within a building that also contains residential use may be allowed to locate in the R1,
R2, R3, MHS, MHP and C3 Districts provided the development meets all of the other regulations
of this Bylaw and, further, that the development:
does not include as part of its operation a gas bar or vehicular servicing component, and/or
is situated on a corner lot adjacent to an arterial road or a collector road.
8.18.2
The gross leasable area of a neighbourhood commercial development shall not exceed 275.0
m2 (2,960.0 ft2).
8.18.3
The façade of a building containing a neighbourhood commercial development that is located in
a Residential District must be integrated with the surrounding residential area.
8.18.4
The height of a building containing a neighbourhood commercial development in a Residential
District may not exceed twice the height and massing of adjacent buildings.
8.19 PET KEEPING AND ANIMAL BREEDING AND/OR BOARDING
FACILITIES
8.19.1
No fur bearing animals, or livestock other than small domestic pets such as cats and dogs may
be permitted within the Residential Districts.
8.19.2
No livestock, whether or not the keeping of such livestock is considered to be a confined feeding
operation for which neither an approval nor a registration is required pursuant to the Agricultural
Operations Practices Act, other than small domestic pets such as cats and dogs, may be
allowed in any Residential District.
8.19.3
The keeping of hens on a parcel of land within the Town shall be in accordance with the Urban
Hen Pilot Program Bylaw.
TOWN OF BRUDERHEIM
82
8.19.4
The keeping of more than three (3) dogs on any lot, whether the dogs are being bred or
boarded, shall be allowed at the discretion of the Development Authority only in those Districts
where animal breeding and/or boarding facilities are listed as discretionary use in this Bylaw.
8.19.5
The maximum number of dogs to be kept on-site in each of the above Districts shall be in
accordance with the Animal Control Bylaw.
8.19.6
In determining the number of dogs, pups less than six (6) months of age shall not be included.
8.19.7
For animal breeding and/or boarding facilities, an exercise area shall be provided for each dog
as follows:
breeds weighing 16.0 kg (35.0 lbs.) or less - at least 2.3 m2 (25.0 ft2) per dog; and
breeds weighing more than 16.0 kg (35.0 lbs.) - at least 4.6 m2 (50.0 ft2) per dog.
8.19.8
No building or exterior exercise area to be used to accommodate dogs shall be allowed within
25.0 m (82.0 ft) of any lot line of the lot for which an application is made.
8.19.9
No building or exterior exercise area to be used to accommodate dogs shall be allowed within
300.0 m (1000.0 ft) of any dwelling located on adjacent lots.
8.19.10 All exterior exercise areas (runs) shall be enclosed with an acceptable fence with a minimum
height of 2.0 m (6.6 ft).
8.19.11 All dogs in animal breeding and/or boarding facilities shall be kept within buildings or a fenced
area at all times when not leashed.
8.19.12 All dog facilities shall be cleaned on a daily basis, and all feces shall be stored in an enclosed
container and disposed of in a sanitary manner.
8.19.13 Pens, rooms, exercise runs and holding stalls shall be soundproofed where possible to the
satisfaction of the Development Authority.
8.19.14 A separate air extractor system shall be provided in the animal shelter or holding area where
heating and air conditioning is necessary.
8.19.15 All facilities and operations shall be in compliance with applicable Provincial regulations.
8.19.16 All development permits issued for animal breeding and/or boarding facilities shall be subject to
cancellation if any of the above requirements, or any other condition of the development permit,
is not adhered to.
LAND USE BYLAW NO. 11-2026
83
8.20 PLACES OF WORSHIP
8.20.1
The site on which a place of worship is situated shall have a frontage of not less than 30.0 m
(98.4 ft) and an area of not less than 930.0 m2 (10,010.0 ft2) except in the case where a building
for a clergyperson's residence is to be erected on the same site. The combined area of the site
in this case shall not be less than 1400.0 m2 (15,069.5 ft2).
8.20.2
Front, side and rear yards shall be those permitted within the district in which the place of
worship site is located.
8.21 RECREATIONAL USES
8.21.1
Recreational development shall be required to:
maintain an open space buffer of sufficient size and composition to act as a visual and noise
barrier from adjacent uses which may be incompatible; and
install, when necessary, adequate on-site water supply and sewage disposal systems which
have been approved by the authority having jurisdiction.
8.22 RECREATIONAL VEHICLES
8.22.1
No person shall use any vehicle for occupancy within the Town limits, other than within an
approved campground in the Parks and Recreation District.
8.22.2
One (1) recreational vehicle may be stored in the required front yard in any residential district or
in the case of a corner lot, in a required front yard or flanking side yard in any residential district.
The following provisions apply:
The recreational vehicle must be entirely located within the boundaries of the subject site;
and
The recreational vehicle must be located on a hard surfaced driveway or pad
8.22.3
No person shall keep more than one (1) recreational vehicle on a residential lot at any time.
8.22.4
No recreational vehicle shall be permanently connected to any utility or municipal service, such
as power, gas, water supply or sanitary sewage disposal facilities.
8.23 RELOCATION OF BUILDINGS & MOVED ON MODULAR
HOUSING
8.23.1
No person shall alter the location of a building on a parcel already constructed on that parcel,
unless a development permit has been issued.
TOWN OF BRUDERHEIM
84
8.23.2
No person shall place on a parcel of land a building formerly erected or placed on a different
parcel, including portable prefabricated buildings and/or modular homes without an approved
development permit.
8.23.3
In addition to the requirements of Section 3.4, the Development Authority may require an
application for a development permit for a relocated building, or a modular home to be
accompanied by:
Recent colour photographs showing all sides of the building;
A statement on the age and general condition of the building;
A statement prepared and signed by a qualified person on the structural condition of the
building;
A statement of proposed improvements to the building; and
A certificate confirming compliance with the National Building Code - Alberta Edition; and
Any other requirements or conditions as required by the Development Authority.
8.23.4
An application for a development permit may be approved by the Development Authority if the
proposal meets all of the regulations specified under the appropriate Land Use District in which it
is proposed to be located and, in the opinion of the Development Authority, is consistent with the
form and character of the structures and developments in the neighbourhood in which it is to be
placed.
8.23.5
Where a development permit has been granted for modular housing or the relocation of a
building either on the same parcel or from another parcel, the Development Authority may
require the applicant to provide a security in the form of an irrevocable letter of credit of such
amount to ensure completion of any renovations or other construction set out as a condition of
approval of a permit.
8.23.6
Where a relocated building, modular housing or other structures are placed on a permanent
foundation that elevates the modular home/structure above grade, such relocated building,
modular home/structure shall be enclosed as to completely screen the underside and foundation
from view. The enclosure shall be constructed using the same or similar material from which the
modular home/structure is constructed and shall compliment the appearance and character of
the modular housing/structure, site and surrounding structures in the neighbourhood to the
satisfaction of the Development Authority.
8.23.7
All structural and exterior renovations shall be completed within one year of the issuance of a
development permit.
LAND USE BYLAW NO. 11-2026
85
8.24 RESIDENTIAL USES
8.24.1
In all residential districts, residential development shall not be allowed on land having critical
development constraints. The following list of development criteria shall be used in determining
the suitability of land for seasonal and permanent residential development:
development shall be prohibited on slopes in excess of 15%, except where a geotechnical
report prepared by a certified engineer which identifies any slope stability issues and
mitigation requirements is provided to the satisfaction of the Development Authority.
8.24.2
Development for multi-lot residential purposes shall be prohibited:
on sites where adequate year-round access is not available by either a paved road in good
condition
on sites where necessary services are not provided at the sole expense of the developer.
8.24.3
Where there is an approved Outline Plan or Area Structure Plan, regulations in that Plan will
apply.
8.25 SATELLITE DISHES
8.25.1
A satellite dish antenna with a dish diameter greater than 1.0 m (3.3 ft) shall:
Only be located in a rear yard, or a side yard which does not abut a street;
On an interior parcel, be situated so that no part of it is closer than 1.0 m (3.3 ft) from the
side or rear boundaries of the parcel;
On a corner parcel, be situated so that no part of it is closer to the street than the main
building, or closer than 1.0 m (3.3 ft) from the other side parcel boundary or the rear parcel
boundary;
Display no other advertising than the manufacturer's name/logo; and
Require an approved development permit.
8.25.2
A satellite dish antenna with a dish diameter equal to or less than 1.0 m (3.3 ft) may be secured
to any wall or roof or a principal or accessory building.
8.26 SERVICE STATIONS AND GAS BARS
8.26.1
Service stations and gas bars shall be located in such a manner that:
No entrance or exit thereto for motor vehicles shall be within 60.9 m (200.0 ft) of an entrance
to or exit from a public or quasi-public use.
TOWN OF BRUDERHEIM
86
No part of a service station or gas bar building or any pump or other accessory building shall
be within 6.0 m (20.0 ft) of a side or rear property line.
Service stations shall have a front yard of not less than 12.2 m (40.0 ft), and no gasoline
pump shall be located closer than 6.0 m (20.0 ft) to the front property line.
Storage tanks shall be set back from adjacent building in accordance with applicable
provincial requirements.
8.26.2
Site Area and Coverage
The minimum site area shall be 743.2 m2 (8,000.0 ft2) and the maximum building coverage
shall be 25% of the site area. For service stations including car washes the minimum site
area shall be 1,114.9 m2 (12,000.0 ft2).
In the case of a service station designed and built as part of a shopping centre, the ratio of
building space to parking space shall be as determined by the Development Authority.
8.26.3
Surfacing
All parts of the site to which vehicles may have access shall be hard surfaced and drained to
the satisfaction of the Development Authority.
8.26.4
Lighting
Any lighting proposed to illuminate off-street parking areas shall be located and arranged so
that all direct rays of light are directed upon the site only and not on any adjoining properties.
8.26.5
Use and Maintenance of Service Station Site and Building
The owner, tenant, operator or person in charge of a service station shall at all times:
i.
Be prohibited from the carrying on of the business of a public garage or parking garage
(provided, however, that this shall not prevent the use of garage space available on any
authorized service station for storage) or of any business or activity which is obnoxious
or offensive, or which may constitute a nuisance or annoyance to persons occupying
lands in the immediate vicinity of the site of a service station by reason of dust, noise,
gases, odour, smoke or vibration.
ii. Be responsible for the proper, safe and orderly operation thereof and of motor vehicles
using said service station or when repaired or serviced thereat, and without restricting
the generality of the foregoing, shall see:
I)
that operators of motor vehicles do not obstruct the sidewalks and boulevards
abutting or adjacent to the service stations, and
II) that operators of motor vehicles enter and leave the service station only at the
entrances and exits provided for such purposes and not elsewhere.
iii. Maintain on the boundaries of the site, where required by the Development Authority, an
appropriate fence not less than 1.5 m (5.0 ft) in height.
LAND USE BYLAW NO. 11-2026
87
8.27 SHIPPING CONTAINERS
8.27.1
The permanent placement shipping containers shall not be allowed on any parcel within a
Residential District.
8.27.2
Notwithstanding Section 8.27.1 above, a development permit may be issued for the temporary
placement of one (1) shipping container on a parcel within a Residential (R1, R2 and R3) District
on a temporary basis during the construction of the principal dwelling.
8.27.3
If a temporary development permit for a shipping container has been approved by the
Development Authority, then the shipping container may be placed on a site for a period of six
(6) months. After that period has expired the developer will be required to apply to the Town for
an extension for the permit. Extensions may be issued for up to six (6) month intervals at the
discretion of the Development Authority.
8.27.4
The maximum number of shipping containers that may be place on an urban reserve,
commercial or industrial parcel is at the discretion of the Development Authority.
8.27.5
The placement of a shipping container on any urban reserve, commercial or industrial parcel
requires a development permit.
8.27.6
Shipping containers may not be stacked. The maximum height for a shipping container allowed
on a parcel is 3.0 m (10.0 ft).
8.27.7
Shipping containers located in a residential district may be a maximum of 6.0 m (20.0 ft) in
length.
8.27.8
Shipping containers cannot be used as a dwelling, bunk house or guest house within the Town.
8.27.9
No human or animal habitation will be permitted within a shipping container.
8.28 SHOW HOMES
8.28.1
In addition to the information required for a development permit application, the following
additional information shall be submitted to the Development Authority for a development permit
application for a show home:
Proposed hours of operation;
Anticipated number of clients expected at the show home on a daily basis and the location
and number of parking stalls on site;
Location of all proposed exterior lighting; and
Location of any signs proposed for the site.
TOWN OF BRUDERHEIM
88
8.28.2
The building shall not be operated as a show home or sales office for a period in excess of
twelve months without the renewal of the Development Permit.
8.28.3
The appearance of the building shall, in the opinion of the Development Authority, be compatible
with the character of other buildings in the vicinity.
8.29 SMALL RADIO COMMUNICATION TOWER
8.29.1
A small radio communication tower, where allowed as a discretionary use under this Bylaw, shall
require an application for a development permit and may be approved provided that the structure
and apparatus:
have Industry Canada approval;
be camouflaged and, as far as possible, have the appearance and aesthetic of other
buildings permitted in the District;
meet the setback requirements of the District or meet setback requirements that are
satisfactory to the Development Authority;
be limited to a maximum height of 18.0 m (59.0 ft) at its highest point. The height of a
ground-mounted antenna and support structure shall be determined by measurement from
the point at which the support structure enters the typical ground surface to the top of the
antenna at its highest position;
be a free-standing, ground-mounted unit;
notwithstanding Section 8.29.1.e) above, a roof-mounted unit shall be allowed where the
applicant can demonstrate that a ground-mounted unit would prohibit adequate transmission
or reception of radio signals. The antenna and support structure of a roof-mounted unit shall
be installed on the roof of a building to a maximum combined height of 18.0 m (59.0 ft) from
the typical ground surface to its highest point;
be located in a rear yard only;
not be illuminated, nor shall it have attached to it any advertising, graphics, flags or other
elements unrelated to its function as a component of a radio signal transmitting and
receiving device; and
be landscaped to screen the base of the antenna and reduce the negative visual impact on
adjacent properties. The Development Authority may require screening and landscaping
around the lower portion of the support structure where, in the opinion of the Development
Authority, such measures would reduce potential negative visual impact of the structure on
adjacent properties.
8.29.2
All small radio communications tower shall have landscaping that reflects the typical landscaping
in the District.
LAND USE BYLAW NO. 11-2026
89
8.29.3
The development of all small radio communications towers shall follow the regulations of
Industry Canada including public consultation as required.
8.30 SOLAR ENERGY COLLECTION SYSTEMS
8.30.1
Ground mounted solar collectors shall be located in a side or rear yard only.
8.30.2
When a solar energy collection system is installed on a lot, accessory structure or vegetation on
an abutting lot shall not be located so as to block the solar collector's access to solar energy.
The portion of a solar collector that is protected is the portion which:
is located so as not to be shaded between the hours of 10:00 a.m. and 3:00 p.m. by a
hypothetical 3.6 m (12.0 ft) obstruction located on the lot line; and
has an area not greater than one-half of the heated floor area of the structure, or the largest
of the structures, to be served.
8.30.3
Section 8.302 above does not apply to structure or vegetation existing in an abutting lot at the
time of installation of the solar energy collection system, or the effective date of this Bylaw,
whichever is later. Said subjection controls any structure erected on, or vegetation planted in,
abutting lots after the installation of the solar energy collection system.
8.31 SUITE, GARAGE
8.31.1
A maximum of one (1) garage suite shall be restricted to a site occupied by a single detached
dwelling. A parcel containing a garage suite shall not be allowed to have a garden suite, in-law
suite or secondary suite.
8.31.2
A garage suite shall not be constructed on a lot with a duplex, fourplex, row housing or
apartment housing.
8.31.3
A garage suite shall remain accessory to and subordinate to the main dwelling and shall not
exceed 80.0 m2 (860.0 ft2).
8.31.4
A garage suite shall remain accessory to and subordinate to the use of the garage and the floor
areas of the garage suite.
8.31.5
At-grade garage suites shall be a maximum height of 4.5 m (14.8 ft).
8.31.6
Above-grade garage suites shall be a maximum height of 5.5 m (18.0 ft) for suites with a flat
roof, and 7.3 m (24.0 ft) for suites with a sloped roof, provided that the maximum height is not
higher than the height of the main dwelling.
8.31.7
Shared mechanical rooms and common areas shall be excluded from the floor area calculation
of the garage suite.
TOWN OF BRUDERHEIM
90
8.31.8
A garage suite includes, but is not limited to, a food preparation area, counter/cupboard space,
sink, refrigerator, stove or provision of 220 volt wiring and toilet and bathing facilities.
8.31.9
A garage suite shall have an entrance separate from the entrance to the garage, either from a
common indoor landing or directly from the exterior of the structure.
8.31.10 A minimum of three (3) on-site parking spaces shall be required for lots with approved garage
suite development. Tandem parking may be permitted at the discretion of the Development
Authority.
8.31.11 Windows shall primarily be located to face the interior of the lot or the lane so as to protect the
privacy of the neighbouring properties.
8.31.12 A garage suite shall not be subject to separation from the principal dwelling through a
condominium conversion or subdivision.
8.32 SUITE, GARDEN
8.32.1
A maximum of one (1) garden suite shall be restricted to a site occupied by a single detached
dwelling. A parcel containing a garden suite shall not be allowed to have a garage suite, in-law
suite or secondary suite.
8.32.2
A garage suite shall not be constructed on a lot with a duplex, fourplex, row housing or
apartment housing.
8.32.3
Notwithstanding any other provisions in this Bylaw, a garden suite shall only be permitted to be
constructed on a lot concurrently with the main use or after the main use on the lot has been
built.
8.32.4
A garden suite shall remain accessory to and subordinate to the principal dwelling and shall not
exceed 80.0 m2 (860.0 ft2) in floor area.
8.32.5
A garden suite shall have a maximum height of 4.3 m (14.1 ft).
8.32.6
A garden suite shall be placed to the rear of the principal building with a minimum separation
distance of 2.4 m (8ft) from the principal building.
8.32.7
The exterior finish of a garden suite must be well maintained and consistent with the finish of the
primary building.
8.32.8
A garden suite includes, but not limited to, a food preparation area, counter/cupboard space,
sink, refrigerator, stove (or provision of 220 volt wiring) and toilet with bathing facilities.
LAND USE BYLAW NO. 11-2026
91
8.32.9
A minimum of three (3) on-site parking spaces shall be required for lots with approved garage
suite development. Tandem parking may be permitted at the discretion of the Development
Authority.
8.32.10 Windows contained within a garden suite shall be placed and sized such that they minimize
overlook into Yards and windows of abutting properties through one or more of the following:
off-setting window placement to limit direct views of abutting rear or side yard amenity areas,
or direct view into a Garden Suite window on an abutting site;
strategic placement of windows in conjunction with landscaping or the placement of other
accessory buildings; and
placing larger windows such as living room windows, to face a lane, a flanking street, or the
larger of any side yard abutting another property.
8.32.11 A garden suite shall not be subject to separation from the principal dwelling through a
condominium conversion or subdivision.
8.33 SUITE, IN-LAW
8.33.1
A maximum of one (1) in-law suite shall be restricted to a site occupied by a single detached
dwelling or duplex dwelling. A parcel containing an in-law suite shall not be allowed to have a
garden suite, garage suite, or secondary suite.
8.33.2
An in-law suite is prohibited from being constructed within a fourplex, row housing or apartment
housing.
8.33.3
An in-law suite shall remain accessory to and subordinate to the main dwelling and shall not
exceed 80.0 m2 (860.0 ft2).
8.33.4
Shared mechanical rooms and common areas shall be excluded from the floor area calculation
of the in-law suite.
8.33.5
An in-law suite includes, but is not limited to, a food preparation area, counter/cupboard space,
sink, refrigerator, stove or provision of 220 volt wiring and toilet with bathing facilities.
8.33.6
An in-law suite does not have an entrance separate from the entrance to the main dwelling.
8.33.7
If a permit for an in-law suite is approved by the Development Authority, then no additional
garden suite, garage suite or secondary suite shall be allowed on the same lot.
8.33.8
An in-law suite shall not be subject to separation from the principal dwelling through a
condominium conversion or subdivision.
TOWN OF BRUDERHEIM
92
8.34 SUITE, SECONDARY
8.34.1
A maximum of one (1) secondary suite shall be restricted to a site occupied by a single detached
dwelling or duplex dwelling. A parcel containing a secondary suite shall not be allowed to have a
garage suite, garden suite, or in-law suite.
8.34.2
A secondary suite shall not be constructed within row housing, fourplex or apartment housing.
8.34.3
A secondary suite shall remain accessory to and subordinate to the main dwelling and shall not
exceed 80.0 m2 (860.1 ft2)
8.34.4
Shared mechanical rooms and common areas shall be excluded from the floor area calculation
of the secondary suite.
8.34.5
A secondary suite includes, but is not limited to, a food preparation area, counter/cupboard
space, sink, refrigerator, stove or provision of 220 volt wiring and toilet with bathing facilities.
8.34.6
A secondary suite has an entrance separate from the entrance to the main dwelling, either from
a common indoor landing or directly from the exterior of the structure.
8.34.7
A secondary suite may include the conversion of a portion of existing space in the main dwelling,
or the addition of new floor space to an existing dwelling.
8.34.8
The minimum lot width requirement for secondary suites is 12.2 m (40.0 ft).
8.34.9
The minimum area for a secondary suite is 30.0 m2 (322.9 ft2).
8.34.10 A secondary suite cannot exceed the maximum height of the main dwelling.
8.34.11 Prior to development permit approval the developer must submit, along with an application for a
development permit, a parking plan that indicates the location and size of the onsite parking
spaces.
8.34.12 A minimum of three (3) on-site parking spaces shall be required for lots with approved garage
suite development. Tandem parking may be permitted at the discretion of the Development
Authority.
8.34.13 If a permit for an in-law suite is approved by the Development Authority, then no additional
garden suite, garage suite or secondary suite shall be allowed on the same lot.
8.34.14 An in-law suite shall not be subject to separation from the principal dwelling through a
condominium conversion or subdivision.
LAND USE BYLAW NO. 11-2026
93
8.35 SUITE, SURVEILLANCE
8.35.1
The issuance of a development permit for a surveillance suite, as defined in this Bylaw, shall be
in accordance with the following criteria and regulations:
A development permit for a surveillance suite will only be issued if the surveillance suite is
clearly compatible with and subordinate to the main use of the subject parcel. Moreover, in
the opinion of the Development Authority, the placement of a surveillance suite shall be
compatible with all existing, main development/land uses on adjacent properties and shall
not interfere with future main development/land uses of adjacent properties.
Where a surveillance suite is allowed in accordance with this Bylaw, the Development
Authority may issue a development permit for one surveillance suite per associated
development or parcel.
Detached surveillance suites shall be sited in accordance with siting regulations specified in
the land use district within which the subject parcel is located or in accordance with the
following requirements, whichever are more stringent:
i.
a minimum of 1.8 m (6.0 ft) from any buildings; and
ii. a minimum of 1.8 m (6.0 ft) from the rear and side property lines; and
iii. no closer than the front line of the main building to the front property line.
The maximum floor area of any non-basement surveillance suite, as defined in this Bylaw,
shall be 46.6 m2 (500.0 ft2).
The quality of exterior treatment and design of any surveillance suite shall be to the
satisfaction of the Development Authority, who shall ensure that the design, character and
appearance of any surveillance suite is compatible with the development(s)/use(s) with
which the suite is associated as well as all development(s)/use(s) on adjacent properties.
8.36 SWIMMING POOLS AND HOT TUBS
8.36.1
Notwithstanding any other provision of this Bylaw to the contrary, a development permit is
required prior to the commencement of the installation or construction of a private in ground
swimming pool or hot tub. All private swimming pools and hot tubs equal to or greater than 60.96
cm (24.0 in) in depth require building and safety code approval(s). If the National Building Code
- Alberta Edition is revised to change the requirements for a building permit for a pool or hot tub,
then the current building and safety code requirements will apply.
8.36.2
Private swimming pools and hot tubs shall not be located within any required minimum front
yard.
8.36.3
Every private swimming pool or hot tub shall be secured against entry by the public other than
owners, tenants, or their guests.
TOWN OF BRUDERHEIM
94
8.36.4
No private swimming pool or hot tub may be constructed except within an enclosed building
unless it is entirely fenced, except that a wall of a building may be considered to replace any part
of the required fence provided that the wall is a minimum of 1.8 m (6.0 ft.) in height for the length
that it replaces the fence.
8.36.5
Every fence enclosing a private swimming pool or a hot tub constructed outside of an enclosed
building shall be 1.8 m (6.0 ft.) in height or, at the discretion of the Development Authority,
higher, and shall be of appropriate design to limit the ability of persons to use the fence parts to
climb the fence or to crawl through or under the fence. Gates shall be equipped with a self-
latching device and a lock mechanism located on the inside of the gate.
8.36.6
No barbed wire or electrification of any part of a fence or gate enclosing a swimming pool or hot
tub shall be allowed.
8.37 TELECOMMUNICATION TOWERS
8.37.1
Without limiting the scope of 3.4, the Development Authority may review applications for the
siting of Telecommunication Towers and has the authority to issue a letter of support or
nonsupport in accordance with the spirit and intent of this Bylaw. Such considerations may
include, but shall not be limited to:
aesthetics;
opportunity to co-locate on an existing telecommunication tower;
consultation with affected landowners;
whether or not the Telecommunication Tower unduly interferes with the amenities of the
areas which may include, but shall not be limited to:
i.
the natural environment;
ii. residential communities; and
iii. recreational opportunities.
8.37.2
Notwithstanding any other provision of this Bylaw, but subject to Section 8.37.1, Industry
Canada regulates the telecommunication industry in Canada is the authority that approves the
location of Telecommunication Towers.
8.37.3
Telecommunication towers are not permitted in residential districts.
8.38 WIND ENERGY CONVERSION SYSTEMS, LARGE
8.38.1
Prior to making a decision on an application for a development permit for a large wind energy
conversion system, the Development Authority shall consider input from:
LAND USE BYLAW NO. 11-2026
95
any adjacent municipality should the proposed development be located within 2.0 km (1.2
mi) of the municipality; and
landowners within 2.0 km (1.2 mi) of the proposed development.
8.38.2
Should a large wind energy conversion system discontinue producing power for a minimum of
two (2) years, the system operator shall be required to provide a status report to the
Development Authority. The Development Authority may then require that the system be
decommissioned. Failure to comply with a decommissioning requirement shall be considered to
be a breach of this Bylaw, and subject to the enforcement provisions of Section 6.0 of this
Bylaw.
8.38.3
Property Line Setbacks
A large wind energy conversion system shall comply with all the setbacks related to roads
and highways that govern the principal use in the district in which it is located.
Where, in the opinion of the Development Authority, the setbacks referred to in Section
8.38.4.a) above are not sufficient to reduce the impact of a large wind energy conversion
system from a road or highway, the Development Authority may increase the required
setback.
The turbine base shall be no closer to the property line than four (4) times the height of the
wind turbine tower. Where in the opinion of the Development Authority the setback from the
property line should be varied, the Development Authority may require an acoustical study to
establish appropriate setbacks.
8.38.4
The minimum vertical blade clearance from grade shall be 7.4 m (24.3 ft) for a wind energy
conversion system employing a horizontal axis rotor unless otherwise required by the
Development Authority.
8.38.5
To ensure public safety, the Development Authority may require that:
a secure fence not less than 1.8 m (5.9 ft) in height with a lockable gate surround a wind
energy conversion system tower if the tower is climbable or subject to vandalism that could
threaten tower integrity;
no ladder or permanent tower access device be located less than 3.7 m (12.1 ft) from grade;
a locked device be installed on the tower to preclude access to the top of the tower; and
such additional safety mechanisms or procedures be provided as the Development Authority
may consider reasonable and appropriate.
The use of tubular towers, with locked door access, may, at the sole discretion of the
Development Authority, make unnecessary the above requirements.
TOWN OF BRUDERHEIM
96
8.38.6
All power lines on the site of a large wind energy conversion system to the power grid or a power
substation will be underground except where the Development Authority specifically approves
overhead or above grade installations.
8.38.7
Appearance
Unless otherwise required by the Development Authority, a large wind energy conversion
system shall be finished in a non-reflective matte and in a colour which minimizes the
obtrusive impact of a system to the sole requirements of the Development Authority.
No lettering, advertising or other symbol shall appear on the towers or blades. On other
parts of the large wind energy conversion system, the only lettering or symbol allowed will be
the manufacturer's and/or owner's identification or symbol and then, only upon the approval
of and at the sole discretion of the Development Authority.
8.38.8
The Development Authority may approve a large wind energy conversion system on a case-by-
case basis having regard for:
information provided in the application;
the proximity of the proposed development to other land uses;
the cumulative effect of all wind energy conversion systems approved or proposed in the
area;
underlying utilities; and
information received from the circulation of the application and from the public.
8.38.9
Large wind energy systems must comply with applicable air traffic safety regulations. Transport
Canada must be notified of the location (latitude and longitude) and height of all wind turbine
installations through the aeronautical clearance application process.
8.39 WIND ENERGY CONVERSION SYSTEMS, MICRO
8.39.1
Notwithstanding any other provision in this Land Use Bylaw, micro wind energy conversion
systems, which are systems which have a rated capacity of less than 0.5 kW, may only be roof-
mounted or ground-mounted within a side or rear yard.
8.39.2
Micro wind energy conversion systems shall be required to conform to setback requirements for
accessory buildings.
8.39.3
Maximum height shall be the maximum height provisions that apply within the District in which
the micro wind energy conversion system is located.
8.39.4
One micro wind energy conversion system is allowed per lot. A second system may be permitted
at the discretion of the Development Authority if the applicant can demonstrate that there is
adequate room on the site.
LAND USE BYLAW NO. 11-2026
97
8.40 WIND ENERGY CONVERSION SYSTEMS, SMALL
8.40.1
Small wind energy conversion systems shall only be allowed as accessory developments.
8.40.2
For property sizes between 0.1 ha (0.25 ac) and 0.2 ha (0.5 ac) the wind turbine tower height
shall be limited to 25.0 m (82.0 ft). For property sizes of 0.2 ha (0.5 ac) or more, there is no
limitation on wind turbine tower height, subject to the set-back requirements below, and provided
that the application includes evidence that the proposed height does not exceed the height
recommended by the manufacturer or any distributor of the system.
8.40.3
The turbine base shall be no closer to the property line than the height of the wind turbine tower,
and no part of the system structure, including guy wire anchors, may extend closer than 3.0 m
(9.8 ft) to the property boundaries of the installation site. Additionally, the outer and innermost
guy wires must be marked and clearly visible to a height of 2.0 m (6.6 ft) above the guy wire
anchors. The Development Authority may waive setback requirements from adjacent properties
if such adjacent property owner agrees to grant an easement binding on current and future
owners.
8.40.4
The mean value of the sound pressure level from small wind energy systems shall not exceed
more than 6 decibels (dBA) above background sound, as measured at the exterior of the closest
neighbouring inhabited dwelling (at the time of installation or during operation), for wind speeds
below 10.0 m per second (22.0 mph) and except during short-term events such as utility outages
and/or severe windstorms.
8.40.5
Development permit applications for small wind energy conversion systems shall be
accompanied by standard drawings of the wind turbine structure, including the tower, base
footings, anchoring method and drawn to scale. An engineering analysis of the wind turbine
tower showing compliance with the International Building Code and certified by a licensed
professional mechanical, structural, or civil engineer shall also be submitted. Documentation of
this analysis supplied by the manufacturer shall be accepted.
8.40.6
Small wind energy conversion systems must comply with applicable air traffic safety regulations.
A statement on compliance by the applicant is sufficient. Transport Canada must be notified of
the location (latitude and longitude) and height of all wind turbine installations through the
aeronautical clearance application process. Small wind turbine towers shall not be artificially lit
except as required by Nav Canada.
8.40.7
Building permit applications for small wind energy conversion systems shall be accompanied by
a line drawing of the electrical components in sufficient detail to allow for a determination that the
manner of installation conforms to existing electrical codes. This information is frequently
supplied by the manufacturer.
TOWN OF BRUDERHEIM
98
8.40.8
No small wind energy conversion system that is tied into a grid shall be installed until evidence
has been given that the utility has been informed of the customer's intent to install an
interconnected customer-owner generator. A copy of a letter to the applicant's utility is sufficient.
No response or evidence of approval from the utility is required. Off-grid systems and grid-tied
systems that are not capable of feeding onto the grid with advanced control grid fault protection
and disconnect switches covered under the electrical code shall be exempt from the
requirement.
8.40.9
One small wind energy conversion system is allowed per single detached dwelling on a lot.
9
SIGNS
9.1
LIMITATIONS
9.1.1
Except as provided in Section 3.2 of this Bylaw, no person shall erect, relocate or structurally
alter or enlarge any sign, including an election sign, unless he has complied with the
requirements of this Section and any other relevant provisions of this Bylaw, and has been
issued a development permit in respect thereof.
9.1.2
The Development Authority may issue a development permit for a sign as part of the
development permit for the use or the building to which the sign pertains, provided the
development permit application indicates that there is to be a sign and provided further that all
information requirements for a development permit application for a sign are met to the
satisfaction of the Development Authority.
9.1.3
Provisions for election signs and property for sale or rent signs are provided in Section 9.0 of this
Bylaw.
9.2
INFORMATION REQUIREMENTS FOR A DEVELOPMENT
PERMIT FOR A SIGN
9.2.1
In addition to the requirements of Section 3.0 of this Bylaw, a development permit application for
a sign shall include the following information:
A completed development permit application form,
Application fee as prescribed by resolution of Council;
written consent from the property owner,
two copies of colour drawings, drawn to scale, showing the sign, any structural supports,
and the dimensions, thickness, area, and colours, of the sign,
any animation, moving copy, or other moving features of the sign, if applicable,
LAND USE BYLAW NO. 11-2026
99
method of illumination, if applicable,
mounting details,
the location and size of all other existing and proposed signs on the building façade or site,
mounting heights and clearances to grade,
the amount of projection of the sign from a building, if any, and
Any other details or information that the Development Authority requires in order to assess
the application.
9.3
SIGNS AS PERMITTED OR DISCRETIONARY USES
9.3.1
No sign, other than an off-site sign in the Districts indicated in Section 9.3.2 below, or a sign
which is otherwise exempted from the requirement of obtaining a development permit as
indicated in Section 3.2 of this Bylaw, shall be allowed unless it is accessory to an existing use.
9.3.2
Notwithstanding any other provision of this Bylaw to the contrary, except as otherwise indicated
in this section, off-site signs shall be considered to be discretionary developments in all
Commercial Districts, in the Light Industrial (M1) District, and in the Urban Reserve (UR) District.
9.4
PROCEDURES FOR THE CONSIDERATION OF DEVELOPMENT
PERMIT APPLICATIONS FOR SIGNS
9.4.1
All development permit applications for signs shall follow the process outlined in Section 3 of this
Bylaw and be subject to appeal if applicable in accordance with Section 4 of this Bylaw.
9.5
GENERAL SIGN REGULATIONS
9.5.1
A sign shall not be erected, operated, used or maintained if, in the opinion of the Development
Authority:
its position, size, shape, colour, format or illumination obstructs the view of, or may be
confused with, an official traffic sign, signal or device or other official sign, or otherwise
poses a potential hazard to traffic,
it displays lights which may be mistaken for the flashing lights customarily associated with
danger or with those used by police, fire, or other emergency vehicles, or
it would be situated within the area regulated by Section 7.3 of this Bylaw.
9.5.2
A sign shall be integrated with the building on which it is to be located and compatible with the
general architectural lines and forms of the nearby buildings or of adjoining developments.
TOWN OF BRUDERHEIM
100
9.5.3
Where possible, signs shall not cover architectural details such as arches, sills, mouldings,
cornices and transom windows.
9.5.4
A sign or sign structure shall be set back a minimum of 0.5 m (1.6 ft) from any property boundary
and no part of a sign may encroach onto an adjacent lot or a road or lane.
9.5.5
Except as otherwise specified in this Bylaw, the maximum area of any sign shall be 18.0 m2
(193.6 ft2).
9.5.6
At the discretion of the Development Authority a maximum of five (5) signs may be allowed on a
lot, including temporary signs and portable signs.
9.5.7
Signs will not be allowed on fences in Residential Districts or Commercial Districts.
9.6
CARE AND MAINTENANCE OF SIGNS
9.6.1
All signs shall be maintained in good and safe structural condition and shall be periodically
repainted.
9.6.2
Where the Development Authority determines that a sign is abandoned or in an overall state of
disrepair they may, by notice in writing to the owner of the land on which the sign is located and,
if it is indicated on the sign, the owner or operator of the sign, order the owner of the land and
the owner or operator of the sign to:
remove the sign and all related structure components within what the Development Authority
deems to be a reasonable period of time, or
take such measures as they may specify in the notice to alter and/or refurbish and/or repair
the sign.
9.6.3
Failure to remove the sign or to comply with the measures specified in the notice described in
Section 9.6.2 above may result in the issuance of a violation ticket as described in this Bylaw.
9.6.4
The notice described in Section 9.6.2 above shall be considered to be a stop order for the
purposes of this Bylaw.
9.7
TYPE OF SIGNS
9.7.1
A-Frame Signs
Notwithstanding any other provision of this Bylaw to the contrary, A-frame signs shall be
allowed only in Commercial Districts.
The maximum area of each A-frame sign face which is located on a sidewalk shall be 0.7
m2 (7.5 ft2).
LAND USE BYLAW NO. 11-2026
101
The maximum area of each A-frame sign face located in another location, approved by the
development authority, shall be 1.5 m2 (16.0 ft2).
The maximum height of an A-frame sign which is located on a sidewalk shall be 1.0 m (3.3
ft).
No A-frame sign shall be located on a sidewalk in such a manner so as to obstruct
pedestrian flow.
The maximum height of an A-frame sign placed in other locations shall be 1.8 m (6.0 ft),
measured perpendicular distance from the ground to the highest point of the sign when set
up.
No more than one (1) A-frame sign shall be allowed per business frontage.
Where the back of an A-frame sign is visible, it shall be suitably painted or otherwise
covered to present a neat and clean appearance. Angle iron shall not be open to public view
unless finished in an aesthetically pleasing manner to the satisfaction of the Development
Authority.
The area around an A-frame sign shall be kept clean. All vegetation shall be cleared away to
a distance of at least 1.5 m (4.9 ft) around the A-frame sign.
A-frame signs are not to be used in conjunction with projecting signs at grade level.
9.7.2
Billboard Signs
At the discretion of the Development Authority, billboard signs may be permitted directly
adjacent to Highway 45 when the billboard sign is located with a C2 - General Commercial
District, BST - Business Service Transition District, or M1 - Industrial District which is
located directly adjacent to Highway 45;
The maximum dimensions of billboard sign shall not exceed 3.0 m (10 ft) high by 6.0 m (20
ft) long;
The maximum height shall not exceed 6.0 m (20.0 ft) above the average grade of the site;
Illumination of billboards shall be restricted to gooseneck type lighting that directs light
downward toward the sign.
9.7.3
Canopy Signs
Where a canopy is constructed solely as a support structure for a sign, the following
regulations shall be adhered to:
i.
the maximum area of all canopy signs on one face of a canopy shall not exceed 50% of
the area of the face of the canopy,
ii. the bottom of the canopy shall be not less than 2.5 m (8.2 ft) above grade,
iii. no part of the canopy shall project over a road or lane,
TOWN OF BRUDERHEIM
102
iv. unless otherwise approved by the Development Authority, the vertical dimension of the
canopy shall not exceed 1.5 m (4.9 ft),
v. signs suspended under a canopy shall have a vertical clearance of a minimum of 2.5 m
(8.2 ft) from grade,
vi. each tenant of a building shall be allowed one (1) under-canopy sign of no more than
0.5 m2 (5.4 ft2) in area, and
vii. all canopy signs shall be erected in such a manner that the structural support elements
are designed to appear as an integral part of the overall sign design and concealed such
that no angle iron bracing, guy wires or similar support elements are visible from a road
or lane.
9.7.4
Fascia Signs
Subject to the provisions in this section, a Fascia sign may be permitted in any land use
district, excepting residential districts.
The portion of a wall which can be used for, or which can be covered by a wall sign on the
front of a building shall be the space defined by the following lower and upper limits:
i.
the lower limit of the portion shall be the lower limit of the lintel or the window head of
the first storey, but in no case lower than 2.4 m (7.9 ft) above grade.
ii. in the case of a one storey building, the upper limit of the portion shall be either:
III) the roofline of a flat-roofed building, or, where there is an existing majority of wall
signs which exceed the roofline, the upper limit of such existing wall signs, or
IV) a maximum of 0.8 m (31.5 in) above the line of the eaves, if there is a parapet wall,
provided that the sign does not project above the upper edge of the parapet, or
V) the line of the eaves.
iii. in the case of a building that is not a one storey building, the upper limit of the portion
shall be the window sill of the second storey or, in the absence of any windows on the
second storey, 0.8 m (31.5 in) above the floor elevation of the second storey.
Notwithstanding Section 9.7.4.b) above, a wall sign may be located:
i.
below the area defined in Section 9.7.4.b) above, provided:
I)
the sign consists of individual letters, symbols, or logos that are directly attached to
the building face,
II) the sign states no more than the name of the building or the principal tenant of the
building, and
III) the sign area does not exceed 20% of the building face below the area defined in
Section 9.7.4.b) above.
ii. between the second storey window lintel and the third storey windowsill, or, in the case
of a two storey building, between the second storey window lintel and the roof or
parapet, provided:
LAND USE BYLAW NO. 11-2026
103
I)
the sign states no more than the name of the building or the principal tenant of the
building, and
II) the sign area does not exceed 2.5 m2 (26.9 ft2), or
Above the third storey window sill, provided:
i.
the sign states no more than the name of the building or principal tenant of the building,
and
ii. there is no more than one (1) sign per building face above the third storey.
A wall sign may be allowed on the side wall of a building facing a road where a development
is located on a corner site provided that the sign is integrated with the other signage on the
building and is of the same height and width.
Any other location for a wall sign shall be at the discretion of the Development Authority,
who shall have consideration for the aesthetic quality and compatibility of the proposed wall
sign with adjacent developments.
9.7.5
Freestanding Signs
The sign area for a single or multi-faceted freestanding sign shall be the average of the total
area of all freestanding sign faces.
One (1) freestanding sign per business frontage may be erected on a site having a minimum
business frontage of 15.0 m (49.2 ft) at road level.
Notwithstanding Section 9.7.5.b) above, a maximum of one (1) freestanding sign may be
allowed per site except:
i.
where a site has more than a 90.0 m (295.3 ft) frontage, one (1) additional freestanding
sign may be erected at the discretion of the Development Authority.
ii. where a site is considered by the Development Authority to be a double fronting site,
each frontage may have freestanding signs providing that the freestanding signs are at
least 90.0 m (295.3 ft) apart.
iii. additional signs may be allowed at the discretion of the Development Authority.
The total sign area of all freestanding signs on a site shall not exceed 0.3 m2 (3.2 ft2) in
area for each lineal metre of frontage, to a maximum of 8.4 m2 (90 ft2).
The maximum height of a freestanding sign shall be 7.0 m (23.0 ft).
Where a freestanding sign and a projecting sign are located along the same frontage of a
site, a minimum distance of 10.0 m (32.8 ft) shall be maintained between the signs.
Any support structure for a freestanding sign shall be set back a minimum of 0.3 m (1.0 ft)
from any site line and no part of the freestanding sign itself shall encroach onto or overhang
an adjacent site, road or lane.
TOWN OF BRUDERHEIM
104
9.7.6
Inflatable Signs
A small inflatable style sign can be placed on an approved temporary sign location, and
does not require a development permit, provided it is, no larger than 5.5 m2 (59.2 ft2) as
applicable.
Larger inflatable signs require that a development permit be applied for, and approval
obtained before installation.
One inflatable sign may be located on a site and must be tethered or anchored so that it is
touching the ground surface to which it is anchored.
The maximum height of an inflatable sign shall be the allowed height of a freestanding sign
for the site.
An inflatable sign can only be located on a site twice in a calendar year and not for longer
than 30 consecutive days.
Inflatable signs cannot be located on the roof of a structure.
9.7.7
Portable Signs
Any support structure for a portable sign shall be set back a minimum of 0.5 m (1.6 ft) from
any site line and no part of a portable sign shall encroach onto or overhang an adjacent site,
road or lane.
No more than one (1) portable sign shall be located on a site.
Notwithstanding Section 9.7.7.b) above, one (1) portable sign may be allowed for each
business in a multiple-occupancy development provided that no portable sign is located
closer than 15.0 m (49.2 ft) to another portable sign.
All portable signs shall be double-faced.
No portable sign shall exceed a height of 2.5 m (8.2 ft) above grade.
Portable signs shall not be placed on a site so as to conflict with or take up space for
parking, loading, or walkways.
Notwithstanding any other provision of this Bylaw to the contrary, portable signs shall not be
allowed in any Residential District.
9.7.8
Projecting Signs
No projecting sign shall project over another site, a road, or a lane.
A projecting sign shall have a vertical clearance of a minimum of 3.05 m (10.0 ft) from grade.
No more than one (1) projecting sign of 0.5 m2 (5.4 ft2 in size shall be allowed for each
frontage of a commercial or industrial use.
LAND USE BYLAW NO. 11-2026
105
All projecting signs shall be erected in such a manner that the structural support elements
are designed to appear as an integral part of the overall sign design and concealed such
that no angle iron bracing, guy wires, or similar support elements are visible from a road.
9.7.9
Roof Signs
Roof signs must be manufactured and erected in such a way that they appear as an
architectural feature, and they shall be finished in such a manner that the visual appearance
from all sides makes them appear to be part of the building itself.
No supporting structure for a roof sign shall be visible to the public unless finished in an
aesthetically pleasing manner to the satisfaction of the Development Authority.
All roof signs shall be set back a minimum of 1.0 m (3.3 ft) from the edge of the building on
which the roof sign is located.
9.8
SIGNS IN OR ADJACENT TO RESIDENTIAL DISTRICTS
9.8.1
Except as provided in Sections 9.8.2 and 9.8.3 below, no sign shall be permitted in Residential
Districts except for places of worship, schools or other public institutions.
9.8.2
An approved major home occupation may display a sign, not larger than 0.2 m2 (2 ft2) in the
window of the dwelling.
9.8.3
An approved bed and breakfast may display a sign, not larger than 0.2 m2 (2.0 ft2). If outside,
the sign shall be placed in a location that is satisfactory to the Development Authority.
Alternatively, the sign may be displayed from inside a window of the dwelling.
9.8.4
One (1) freestanding sign per site may be allowed for the purpose of identifying the name of a
multi-family dwelling, a manufactured home park, a neighbourhood, or a subdivision, provided:
the sign area does not exceed 5.0 m2 (53.8 ft2),
the height of the sign does not exceed 2.0 m (6.6 ft), and
the sign is not internally illuminated, though it may be lit from the front.
9.8.5
Name or number signs shall have a surface area of no more than 0.3 m2 (3.0 ft2).
9.8.6
When an illuminated sign is located in a District adjacent to a Residential District, the illumination
from that sign shall be deflected away from the Residential District.
9.8.7
When, in the opinion of the Development Authority, a proposed sign in any District adjacent to a
Residential District might be objectionable to a resident in the Residential District, the
Development Authority may impose such other requirements as they deem necessary, to protect
the amenities of the Residential District.
TOWN OF BRUDERHEIM
106
9.9
SIGNS RELATING TO INSTITUTIONAL USES
9.9.1
In any District where a place of worship or a school or another institutional use is allowed, one
(1) sign of not more than 5.0 m2 (53.8 ft2) in area shall be allowed to be erected on the site
occupied by the place of worship, school, or other institutional use.
LAND USE BYLAW NO. 11-2026
107
10 LAND USE DISTRICTS
10.1 ESTABLISHMENT OF LAND USE DISTRICTS
10.1.1
For the purpose of this Bylaw, Town of Bruderheim is divided into the following Districts:
Land Use District Name
Land Use District Code
Low Density Residential District
R1
Medium Density Residential District
R2
High Density Residential District
R3
Manufactured Home Subdivision District
MHS
Manufactured Home Park District
MHP
Downtown Commercial District
C1
General Commercial District
C2
Mixed Use District
C3
Business Service Transition District
BST
Industrial District
M1
Parks and Recreation District
P
Institutional and Public Service District
IPS
Utilities District
U
Urban Reserve District
UR
Direct Control District
DC
10.1.2
For the purposes of this Bylaw, the R1, R2, R3, MHP and MHS Districts shall be considered to
be Residential Districts, the C1, C2, C3 and BST Districts shall be considered to be Commercial
Districts, and the M1 District shall be considered the Industrial District.
10.1.3
The boundaries of the districts listed in this Bylaw are as delineated in the LAND USE
DISTRICT MAP, which is Section 12 of this Bylaw.
10.1.4
Where uncertainty exists as to the boundaries of districts as delineated in the LAND USE
DISTRICT MAP, the following rules shall apply:
Rule 1: Where a boundary is shown as following a street or lane, it shall be deemed to
follow the centre line thereof.
Rule 2: Where a boundary is shown as approximately following a lot line, it shall be deemed
to follow the lot line.
Rule 3: In circumstances not covered by Rules 1 and 2, the location of the district boundary
shall be determined:
TOWN OF BRUDERHEIM
108
i.
where dimensions are set out on the LAND USE DISTRICT MAP, by the dimensions so
set, or
ii. where no dimensions are set out on the LAND USE DISTRICT MAP with respect to
such boundary, by measurement of and use of the scale shown on the LAND USE
DISTRICT MAP.
10.1.5
Where the application of the above rules does not determine the exact location of the boundary
of a district, the Council, either on its motion or upon written application being made to it by any
person requesting the determination of the exact location of the boundary, shall fix the portion of
the district boundary in doubt or dispute in a manner consistent with the provisions of this Bylaw
and the degree of detail as to the measurements and directions as the circumstances may
require.
10.1.6
After Council has fixed a District boundary pursuant to the provisions of Section 10.1.5, the
portion of the boundary so fixed shall not be thereafter altered except by an amendment of this
Bylaw.
10.1.7
The Development Authority shall maintain a list of Council's decisions with respect to boundaries
or portions thereof fixed by Council.
LAND USE BYLAW NO. 11-2026
109
10.2 R1 - LOW DENSITY RESIDENTIAL DISTRICT
10.2.1
General Purpose
To provide areas for development of detached dwellings and complementary uses on individual
lots.
10.2.2
Uses
Permitted
Discretionary
Buildings and Uses Accessory to Permitted
Uses
Bed and Breakfast Establishments
Day Care Facility, Minor
Boarding/Lodging House
Day Home
Buildings and Uses Accessory to Discretionary
Uses
Dwelling, Detached
Dwelling, Duplex
Home Occupation, Minor
Family Care Facility
Modular Home
Group Home
Public Park
Home Occupation, Major
Social Care Home, Minor
Neighbourhood Commercial Development
Solar Energy Collection Systems
Places Of Worship
Suite, In-Law
Public Utility that has no office or workshop as a
part of the development show home
Suite, Secondary
Relocated Building
Wind Energy Conversion Systems, Micro
Shipping Container (for temporary construction
only)
Small Radio Communications Tower
Social Care Home, Major
Suite, Garage
Suite, Garden
Other uses which, in the opinion of the
development authority, are similar
to the above mentioned permitted and
discretionary uses
10.2.3
Development and Subdivision Regulations
Development and subdivision must comply with Table 10.2.1. and Table 10.2.2
TOWN OF BRUDERHEIM
110
Table 10.2.1: Development and Subdivision Regulations for Detached Dwellings
Subsection
Regulation
Measurement
Minimum Parcel Size
a)
Minimum parcel size
360.0 m2 (3,875.0 ft2)
Minimum Parcel Width
b)
Interior parcels
12.0 m (39.4 ft)
c)
Corner parcels
13.5 m (44.3 ft)
Minimum Yards
d)
Front yard
6.0 m (19.7 ft)
e)
Rear yard
7.5 m (24.6 ft)
f)
Side yard
1.5 m (4.9 ft)
g)
Side yard on the street facing side of a corner parcel
4.0 m (13.1 ft)
h)
Side yard for one side yard in a laneless subdivision where
no front attached garage has been provided
3.0 m (9.8 ft)
Maximum Site Coverage
i)
Maximum site coverage
40%
Maximum Height
j)
Maximum height
10.0 m (32.8 ft)
Minimum Floor Area Detached Dwelling
k)
1 storey dwelling
80.0 m2 (861.1 ft2)
l)
1½ storey and split level: upper floor
37.0 m2 (398.3 ft2)
m)
1½ storey and split level: lower floors
70.0 m2 (753.5 ft2)
n)
2 storey dwelling each floor
61.0 m2 (656.6 ft2)
Minimum Floor Area Other Uses
o)
Minimum floor area for other uses
At the discretion of
the Development
Authority
Parking
p)
Site design shall be such that a garage, either attached or
detached, may be built to comply with the minimum
requirements of this Bylaw
LAND USE BYLAW NO. 11-2026
111
Table 10.2.2: Development and Subdivision Regulations for Duplex Dwellings
Subsection
Regulation
Measurement
Minimum Site Depth
a)
In the case of road and lane systems
30.5 m (100.0 ft)
b)
In the case of laneless systems
33.5 m (110.0 ft)
Minimum Site Width for Each Duplex - Per Duplex Unit
c)
A site for an up-down duplex (which has 2 dwelling units
within it) must be the same width as a site for a side-by-side
duplex (which has 2 dwelling units within it)
d)
internal sites
7.62 m (25.0 ft) per
duplex
e)
corner sites
8.38 m (27.5 ft) per
dwelling unit
Minimum Site Area for Each Duplex Containing Two (2)
Dwelling Units
f)
A site for an up-down duplex (which has 2 dwelling units
within it) must be the same area as a site for a side-by-side
duplex (which has 2 dwelling units within it)
g)
In the case of road and lane systems: internal site
232.4 m2 (2,500.0
ft2) per dwelling unit
h)
In the case of road and lane systems: corner site
255.6 m2 (2,750.0
ft2) per dwelling unit
i)
In the case of laneless systems: internal site
255.3 m2 (2,750.0
ft2) per dwelling unit
j)
In the case of laneless systems: corner site
280.7 m2 (3025.0
ft2) per dwelling unit
10.2.4
Supplementary Regulations
All uses shall also comply with the requirements of Sections 7 through 9 of this Bylaw.
TOWN OF BRUDERHEIM
112
10.3 R2 - MEDIUM DENSITY RESIDENTIAL DISTRICT
10.3.1
General Purpose
To provide areas with a mixture of medium density housing types and complementary uses.
10.3.2
Uses
Permitted
Discretionary
Buildings and Uses Accessory to Permitted
Uses
Buildings and Uses Accessory to Discretionary
Uses
Day Care Facility, Minor
Bed and Breakfast Establishment
Day Home
Boarding/Lodging House
Dwelling, Duplex
Day Care Facility, Major
Home Occupation, Minor
Dwelling, Detached
Public Park
Dwelling, Fourplex
Social Care Home, Minor
Family Care Facility
Solar Energy Collection Systems
Group Care Facility
Wind Energy Conversion Systems, Micro
Group Home
Home Occupation, Major
Modular Home
Neighbourhood Commercial Development
Places Of Worship
Public Utility that has no office or workshop as a
part of the development
Shipping Container (for temporary construction
use only)
Show Home
Social Care Home, Major
Suite, Garage
Suite, Garden
Suite, In-Law
Suite, Secondary
Other uses which, in the opinion of the
Development Authority, are similar to the above
mentioned permitted and discretionary uses
10.3.3
Development and Subdivision Regulations
Development and subdivision must comply with Table 10.3.1. and Table 10.3.2
LAND USE BYLAW NO. 11-2026
113
Table 10.3.1: Development and Subdivision Regulations
Subsection
Regulation
Measurement
Minimum Parcel Size
a)
Detached Dwelling & Modular Home
440.0 m2 (4,736 ft2)
b)
Duplex (no rear lane access)
285.0 m2 (3,068.0 ft2)
per dwelling unit
c)
Duplex (rear lane access)
230.0 m2 (2,476.0 ft2)
per dwelling unit
Minimum Parcel Width
d)
Detached Dwelling & Modular Home: interior parcels
12.0 m (39.4 ft)
e)
Detached Dwelling & Modular Home: corner parcels
13.5 m (44.3 ft)
f)
Duplex (no rear lane access): interior parcels
9.5 m (31.2 ft) per
dwelling unit
g)
Duplex (no rear lane access): corner parcels
11.0 m (36.0 ft) per
dwelling unit
h)
Duplex (rear lane access): interior parcels
7.5 m (24.6 ft) per
dwelling unit
i)
Duplex (rear lane access): corner parcels
9.0 m (29.5 ft) per
dwelling unit
Minimum Yards
j)
Front yard
6.0 m (19.7 ft)
k)
Rear yard
7.5 m (24.6 ft)
l)
Side yard
1.5 m (4.9 ft)
m)
Side yard where the building is placed over a common
property line:
-
on the common property line; and
-
on the opposite side
-
0.0 m
-
1.5 m (4.9 ft)
n)
Side yard where the building is placed over a common
property line:
-
on the street facing side of a corner parcel;
4.5 m (14.8 ft)
o)
Side yard where the building is placed over a common
property line:
-
for the non- adjoining side yard in a laneless
subdivision where no front attached garage has been
provided.
3.0 m (9.8 ft)
Maximum Site Coverage
p)
Maximum site coverage
40%
Maximum Height
q)
Maximum height
10.0 m (32.8 ft)
TOWN OF BRUDERHEIM
114
10.3.4
Supplementary Regulations
All uses shall also comply with the requirements of Sections 7 through 9 of this Bylaw.
LAND USE BYLAW NO. 11-2026
115
10.4 R3 - HIGH DENSITY RESIDENTIAL DISTRICT
10.4.1
General Purpose
To provide areas for multi-family residential development and complementary uses.
10.4.2
Uses
Permitted
Discretionary
Buildings and Uses Accessory to Permitted
Uses
Assisted Care Housing
Day Care Facility, Minor
Boarding and Lodging House
Dwelling, Apartment
Buildings and Uses Accessory to Discretionary
Uses
Dwelling, Fourplex
Day Care Facility, Major
Dwelling, Row Housing
Day Home
Home Occupation, Minor
Group Care Facility
Public Park
Home Occupation, Major
Social Care Home, Minor
Neighbourhood Commercial Development
Solar Energy Collection System
Places Of Worship
Wind Energy Conversion Systems, Micro
Public Utility that have no office or workshop as
a part of the development
Shipping Container (For Temporary
Construction Use Only)
Show Home
Social Care Home, Major
Other uses which, in the opinion of the
development authority, are similar to the above
mentioned permitted and discretionary uses.
10.4.3
Development and Subdivision Regulations
Development and subdivision must comply with Table 10.4.1
Table 10.4.1: Development and Subdivision Regulations
Subsection
Regulation
Measurement
Minimum Parcel Size
a)
Row Housing: interior parcels
185.0 m2 (1,991.0 ft2)
per dwelling unit
b)
Row Housing: corner/end parcels
275.0 m2 (2,959.0 ft2)
per dwelling unit
c)
Fourplexes
15.0 m (49.2 ft)
TOWN OF BRUDERHEIM
116
Subsection
Regulation
Measurement
d)
Apartments & Assisted Care Housing
500.0 m2 (9,149.0 m2)
Minimum Parcel Width
e)
Row Housing: interior parcels
6.0 m (19.7 ft) per
dwelling unit
f)
Row Housing: corner/end parcels
9.0 m (29.5 ft) per
dwelling unit
g)
Fourplexes
15.0 m (49.2 ft)
h)
Apartments & Assisted Care Housing
15.0 m (49.2 ft)
Minimum Yards
i)
Front yard: Row housing with rear lane access
4.5 m (14.8 ft)
j)
Front yard: Row housing with no rear lane access
6.0 m (19.7 ft)
k)
Front yard: Apartments & Assisted Care Housing
6.0 m (19.7 ft)
l)
Rear yard
7.5 m (24.6 ft)
m)
Side yard: Fourplexes
1.5 m (4.9 ft)
n)
Side yard: Fourplexes, except on the street facing side of a
building on a corner parcel
4.5 m (14.8 ft)
o)
Side yard: Apartments & Assisted Care Housing
3.0 m (9.8 ft)
p)
Side yard: Apartments & Assisted Care Housing on the
street facing side of a building on a corner parcel
6.0 m (19.7 ft)
q)
Side yard: Row Housing for the unattached side of a
building on an interior parcel
1.5 m (4.92 ft)
r)
Side yard: Row Housing on the street facing side of a
building on a corner parcel
4.5 m (14.76 ft)
s)
Side yard: Row Housing for the non-adjoining side of a
building on an interior parcel in a laneless subdivision
where no front attached garage has been provided.
3.0 m (9.84 ft)
t)
Side yard: Row Housing interior units
0.0 m
Maximum Site Coverage
u)
Maximum site coverage
40%
Maximum Height
v)
Apartments & Assisted Care Housing
14.0 m (45.9 ft)
w)
Row Housing & Fourplexes
10.0 m (32.8 ft)
10.4.4
Supplementary Regulations
All uses shall also comply with the requirements of Sections 7 through 9 of this Bylaw.
LAND USE BYLAW NO. 11-2026
117
10.5 MHS - MANUFACTURED HOME SUBDIVISION DISTRICT
10.5.1
General Purpose
The purpose of this district is to provide areas for manufactured home subdivisions in which
each manufactured home unit is located on a separately registered lot.
10.5.2
Uses
Permitted
Discretionary
Buildings and Uses Accessory to Permitted
Uses
Buildings and Uses Accessory to Discretionary
Uses
Day Home
Day Care Facility, Major
Home Occupation, Minor
Day Care Facility, Minor
Manufactured Home
Home Occupation, Major
Public Park
Neighbourhood Commercial Development
Solar Energy Collection System
Places Of Worship
Wind Energy Conversion System, Micro
Public Utility that has no office or workshop as a
part of the development
Show Home
Small Radio Communications Tower
Other uses which, in the opinion of the
Development Authority, are similar to the above
mentioned permitted and discretionary uses
10.5.3
Development Regulations
Development and subdivision must comply with Table 10.5.1
Table 10.5.1: Development and Subdivision Regulations
Subsection
Regulation
Measurement
Minimum Parcel Size
a)
Interior parcels
440.0 m2 (4,736.0 ft2)
b)
Corner parcels
480.0 m2 (5,167.0 ft2)
Minimum Parcel Width
c)
Interior parcels
12.0 m (39.4 ft)
d)
Corner parcels
13.5 m (44.3 ft)
Minimum Yards
e)
Front yard
4.5 m (14.8 ft)
TOWN OF BRUDERHEIM
118
Subsection
Regulation
Measurement
f)
Rear yard
4.5 m (14.8 ft)
g)
Side yard
1.5 m (4.9 ft)
h)
Side yard on the street facing side of a corner parcel
4.5 m (14.8 ft)
i)
Side yard for one side yard in a laneless subdivision where
no front attached garage has been provided
3.0 m (9.8 ft)
Maximum Site Coverage
j)
Maximum site coverage
40%
Maximum Height
k)
Maximum height
6.0 m (19.7 ft)
Landscaping
l)
Landscaping
To the satisfaction of
the Development
Authority
10.5.4
Additional Regulations
A plan for the area must first be reviewed and approved by the Development Authority
having jurisdiction prior to considering a subdivision or a development permit application for
this district.
It shall be the responsibility of the owner to place the manufactured home on a foundation or
base in accordance with the requirements of the National Building Code - 2023 Alberta
Addition, as amended.
No propane is to be used for heating or other indoor purposes in a manufactured home
subdivision.
All accessory structures such as patios, porches, additions, etc. shall be constructed to
compliment the appearance and character of the manufactured home and site to the
satisfaction of the Development Authority.
The undercarriage of the manufactured home shall be screened from view to the satisfaction
of the Development Authority with materials that, in the opinion of the Development
Authority, compliment the appearance, design and construction of the manufactured home.
10.5.5
Supplementary Regulations
All uses shall also comply with the requirements of Sections 7 through 9 of this Bylaw.
LAND USE BYLAW NO. 11-2026
119
10.6 MHP - MANUFACTURED HOME PARK DISTRICT
10.6.1
General Purpose
To provide for development of manufactured home parks where stalls are provided on a
rental/lease basis.
10.6.2
Uses
Permitted
Discretionary
Buildings and Uses Accessory to Permitted
Uses
Buildings and Uses Accessory to Discretionary
Uses
Home Occupation, Minor
Day Care Facility, Major
Manufactured Home in a manufactured home
park for which a development permit has been
issued
Day Care Facility, Minor
Manufactured Home Park
Day Home
Manufactured Home Park Office
Home Occupation, Major
Public Park
Neighbourhood Commercial Development
Solar Energy Collection System
Places Of Worship
Wind Energy Conversion System, Micro
Public Utility that has no office or workshop as a
part of the development
Show Home
Small Radio Communications Towers
Other uses which, in the opinion of the
Development Authority, are similar to the above
mentioned permitted and discretionary uses
10.6.3
Development and Subdivision Regulations
In a manufactured home park, "unit" means an area of land for the placement of a
manufactured home for the exclusive use of its occupants.
Development and subdivision must comply with Table 10.6.1.
Table 10.6.1: Development Regulations
Subsection
Regulation
Measurement
Maximum Density
a)
Maximum density for Manufactured Homes
17.0 per ha (7.0 per
acre)
Lot and Park Area
b)
Minimum Manufactured Home Park site area
2.0 ha (5.0 acres)
TOWN OF BRUDERHEIM
120
Subsection
Regulation
Measurement
Minimum Unit Size
c)
Minimum Unit Size for Manufactured Homes
372.0 m2 (4,004.0 ft2)
Manufactured Home Minimum Setbacks
d)
From one another
4.5 m (14.8 ft)
e)
From front lot line
3.0 m (9.8 ft)
f)
From rear lot line
3.0 m (9.8 ft)
g)
From one side lot line
1.5 m (4.9 ft)
h)
Except on the street facing side of a corner parcel.
4.5 m (14.8 ft)
Maximum Height
i)
Maximum Height
6.0 m (19.7 ft)
Maximum Site Coverage
j)
Maximum Site Coverage
50%
10.6.4
Additional Regulations
A fully dimensioned and labelled comprehensive site plan shall be submitted to the
Development Authority prior to issuance of a Development Permit and shall include the
following:
i.
location of lots, including lot numbers;
ii. access points, roads, laneways and walkway systems;
iii. proposed location the manufactured home on each lot;
iv. location of parking aprons for each lot;
v. provision for an area open space according to Section 10.6.4.b);
vi. provision for a minimum 4.0 m (13.1 ft) landscaped perimeter;
vii. provision of visitor parking provided at a ratio stated in Section 10.6.4.d);
viii. provision of outdoor lighting;
ix. location of directional signs;
x. location of all existing and proposed easements and rights-of-way;
xi. location of garbage storage containers; and
xii. any other information the Development Authority deems necessary.
LAND USE BYLAW NO. 11-2026
121
An open space area consisting of a minimum 5% of the total manufactured home park shall
be provided as a contiguous recreational and playground use area for the enjoyment of the
park residents;
All roads within a manufactured home park shall be well drained, surfaced and maintained to
the satisfaction of the Development Authority. Minimum right-of-way width shall be 7.5 m
(24.6 ft);
Visitor parking spaces shall be provided throughout the park at a ratio of at least one space
for every two manufactured home units. Each visitor parking area shall provide at least three
(3) parking spaces and shall be located at convenient locations throughout the
manufactured home park. These spaces shall not be used for the storage of boats, trailers,
etc.
All municipal utilities shall be provided underground to stalls in a manufactured home park.
Each manufactured home stall shall be clearly marked off by means of stakes, countersunk
steel posts, fences, curbs or hedges.
Only one main, free-standing, identification sign shall be erected at the entrance to a
Manufactured Home Park and shall be subject to the sign regulations of this Bylaw.
Directional signs within the manufactured home park must be integrated in design and
appearance, be kept in scale with the immediate surroundings and constructed of durable
material.
10.6.5
Building Appearance
All accessory structures such as patios, porches, additions, etc. shall be constructed to
compliment the appearance and character of the manufactured home to the satisfaction of
the Development Authority.
The undercarriage of each manufactured home shall be screened from view by skirting or
such other means satisfactory to the Development Authority.
All areas of a Manufactured Home Park not developed or occupied by park roads, walkways,
driveways, parking aprons, buildings or other developed facilities, shall be landscaped to the
satisfaction of the Development Authority.
10.6.6
Landscaping
Notwithstanding Section 7.14, a 4.0 m (13.1 ft) strip along the perimeter of the manufactured
home park shall be landscaped to the satisfaction of the Development Authority.
10.6.7
Supplementary Regulations
All uses shall also comply with the requirements of Sections 7 through 9 of this Bylaw.
TOWN OF BRUDERHEIM
122
10.7 C1 - DOWNTOWN COMMERCIAL DISTRICT
10.7.1
General Purpose
To provide pedestrian-orientated commercial development that offers a wide variety of services
appropriate for the Central Business District in a mixed use environment.
10.7.2
Uses
Permitted
Discretionary
Alcohol Retail Sales
Amusement Establishment, Indoor
Buildings and Uses Accessory to Permitted
Uses
Automotive and Equipment Maintenance and
Repair Shop
Business Support Services Establishment
Assisted Care Housing
Commercial Business Centre
Bed And Breakfast Establishment
Commercial Use
Buildings and Uses Accessory to Discretionary
Uses
Eating and Drinking Establishment
Bus Depot
General Retail Establishment
Cannabis Retail Sales
Government Services
Caretaker/Security Residence
Library and Cultural Exhibit
Children's Indoor Play Facility
Office Use
Commercial Business Centre
Personal Service Facility
Commercial Entertainment Facility
Professional, Financial, Office and Business
Support Service
Commercial School
Protective And Emergency Services
Contractor Service, Limited
Public or Quasi-Public Building
Day Care Facility, Major
Public or Quasi-Public Use
Day Care Facility, Minor
Restaurant
Drinking Establishment
Retail, Convenience
Drive-In Food Service
Retail, General
Dwelling, Apartment
Solar Energy Collection System
Dwelling, Detached (Existing as of the Approval
Date of this Bylaw)
Wind Energy Conversion System, Micro
Entertainment Establishment
Essential Public Service
Funeral Services
Head Shop
Health Service
Hotel
Household Repair Service
Mixed Use Development
LAND USE BYLAW NO. 11-2026
123
Permitted
Discretionary
Parking Facility (Public or Private)
Places Of Worship
Private Club
Public Utility
Recreation, Indoor
Recycling Depot
Service Station
Social Care Housing, Major
Social Care Housing, Minor
10.7.3 Development Regulations and Subdivision Regulations
Development and subdivision must comply with Table 10.7.1.
Table 10.7.1: Development and Subdivision Regulations
Subsection
Regulation
Measurement
Minimum Parcel Size
a)
Minimum parcel size
280.0 m2 (3,013.0
ft2)
Minimum Parcel Width
b)
Minimum parcel width per lot
9.0 m (29.5 ft)
Minimum Yards
c)
Front yard: No front yard setback is required except where the
Development Authority may deem it necessary to conform to
existing adjoining development.
0.0 m (0.0 ft)
d)
Rear yard
0.0 m (0.0 ft)
e)
Rear yard: except where loading, parking, and waste disposal
requirements are required
6.0 m (19.7 ft)
f)
Rear yard: except abutting a residential district.
3.0 m (9.8 ft)
g)
Side yard
0.0 m (0.0 ft)
h)
Side yard: except where abutting a residential district
3.0 m (9.8 ft)
i)
Side yard: except where no rear lane exists.
6.0 m (19.7 ft)
Maximum Site Coverage
j)
Maximum site coverage: provided that provision has been
made for parking, loading, storage, and waste disposal to the
satisfaction of the Development Authority.
100%
Maximum Height
TOWN OF BRUDERHEIM
124
Subsection
Regulation
Measurement
k)
Maximum height
14.0 m (45.9 ft) or
4.0 storeys
10.7.4
Additional Regulations
Dwelling units within mixed use developments shall:
i.
Have an entrance that is separate and distinct from the entrance to any non-residential
component of the building;
ii. Not be located below the second storey; and
iii. Not be located on the same floor as a non-residential use unless there is a physical
separation of uses and separate entrances to the satisfaction of the Development
Authority;
Notwithstanding Section 7.16 and the maximum site coverage regulation of this District,
assisted care facilities, commercial entertainment facilities, funeral services, hotels, mixed
use developments incorporating residential dwelling units, and places of worship shall
provide all parking on-site.
Where possible a building(s) within a commercial business centre shall front directly onto the
street with parking provided at the rear of the building or buildings.
No outdoor/open storage or display of goods or other material shall be permitted, except for
special occasions that occur on a temporary basis. Such occasions shall be subject to
approval of the Development Authority.
10.7.5
Supplementary Regulations
All uses shall also comply with the requirements of Sections 7 through 9 of this Bylaw.
LAND USE BYLAW NO. 11-2026
125
10.8 C2 - GENERAL COMMERCIAL DISTRICT
10.8.1
General Purpose
To provide development that serves the travelling public and businesses that benefit from
exposure to large volumes of vehicular traffic, and where limited outdoor storage is permitted.
10.8.2
Uses
Permitted
Discretionary
Amusement Establishment, Indoor
Alcohol Retail Sales
Animal Hospital
Amusement Establishment, Outdoor
Automotive and Equipment Maintenance and
Repair Shop
Animal Breeding and/or Boarding Facility
Automotive Sales and Service Outlet
Auctioneering Establishment
Buildings and Uses Accessory to Permitted
Uses
Automotive and Heavy Equipment Repair and
Auto Body Shop
Business Support Services Establishment
Buildings and Uses Accessory to Discretionary
Uses
Car Wash
Bulk Fuel Storage and Sales
Commercial Use
Cannabis Retail Sales
Commercial Entertainment Facility
Children's Indoor Play Facility
Commercial School
Commercial Business Centre
Contractor Service, Limited
Commercial Storage
Drive-In Food Service
Crematorium
Drive-Through Vehicle Service
Day Care Facility, Major
Eating and Drinking Establishment
Drinking Establishment
Entertainment Establishment
Essential Public Service
Equipment Rental Establishment
Head Shop
Funeral Services
Indoor Recreation Facility
Gas Bar
Microbrewery
Government Services
Parking Facility (Public or Private)
Greenhouse
Pet Grooming Facility
Health Service
Shipping Container
Highway Commercial Use
Small Radio Communications Tower
Hotel
Suite, Surveillance
Household Repair Service
Trucking and Cartage Establishment
Library And Cultural Exhibit
Vehicle Repair Establishment
Motel
Veterinary Clinic
Municipal Service Facility
Warehouse
Office Use
Wind Energy Conversion System, Micro
Personal Service Facility
TOWN OF BRUDERHEIM
126
Permitted
Discretionary
Professional, Financial, Office and Business
Support Service
Public or Quasi-Public Building
Recreation, Indoor
Recycling Depot
Restaurant
Retail, Convenience
Retail, General
Service Station
Solar Energy Collection System
10.8.3
Development and Subdivision Regulations
Development and subdivision must comply with Table 10.8.1.
Table 10.8.1: Development and Subdivision Regulations
Subsection
Regulation
Measurement
Minimum Parcel Size
a)
Minimum parcel size
0.2 ha (0.5 ac)
Minimum Yards
b)
Front yard:
6.0 m (19.7 ft)
c)
Rear yard
7.0 m (19.7 ft)
d)
Side yard
6.0 m (19.7 ft)
Maximum Floor Area Ratio
e)
Maximum floor area ratio
2.0
Maximum Height
f)
Maximum height
14.0 m (45.9 ft)
10.8.4
Supplementary Regulations
All uses shall also comply with the requirements of Sections 7 through 9 of this Bylaw.
LAND USE BYLAW NO. 11-2026
127
10.9 C3 - MIXED USE DISTRICT
10.9.1
General Purpose
To provide development that integrates street-oriented commercial, and business uses with
potential residential uses on upper floors. This district is not intended for large format
commercial development.
10.9.2
Uses
Permitted
Discretionary
Alcohol Retail Sales
Buildings and Uses Accessory to Discretionary
Uses
Animal Grooming Facility
Cannabis Retail Sales
Buildings and Uses Accessory to Permitted
Uses
Drive-In Food Service
Business Support Services Establishment
Drive-Through Food Service
Children's Indoor Play Facility
Essential Public Service
Day Care Facility, Major
Health Service
Dwelling, Duplex
Retail, General
Dwelling, Row Housing
Show Home
Eating and Drinking Establishment
Small Radio Communication Tower
Government Services
Home Occupation, Major
Home Occupation, Minor
Household Repair Service
Library And Cultural Exhibit
Mixed Use Development
Municipal Service Facility
Neighbourhood Commercial Development
Office Use
Personal Service Facility
Professional, Financial, Office and Business
Support Services
Public or Quasi-Public Building
Public or Quasi-Public Use
Restaurant
Retail, Convenience
Solar Energy Collection System
Suite, In-Law
Suite, Secondary
TOWN OF BRUDERHEIM
128
10.9.3
Development and Subdivision Regulations
Development and subdivision must comply with Table 10.9.1.
Table 10.9.1: Development and Subdivision Regulations
Subsection
Regulation
Measurement
Minimum Parcel Size
a)
Minimum parcel size
At the discretion of
the Development
Authority
Minimum Yards
b)
Front yard:
3.0 m (9.8 ft)
c)
Rear yard
3.0 m (9.8 ft)
d)
Side yard
3.0 m (9.8 ft)
Maximum Height
e)
Maximum height
14.0 m (45.9 ft)
10.9.4
Additional Regulations
Commercial and Residential Uses may occur in the same building.
Dwellings shall have access to grade which is separate from the access of the Commercial
Use.
Dwellings shall not be located on the same floor as a Commercial Use.
No outdoor storage is permitted.
Parking associated with a dwelling shall be located on the same parcel as the dwelling.
Parking reserved and marked for employees shall be located on the same parcel, to the
satisfaction of the Development Authority.
Onsite parking associated with Commercial uses shall be maximized where possible, to the
satisfaction of the Development Authority.
All development must have a strong pedestrian orientation, to provide both site circulation
and to provide access to and from the site.
10.9.5
Supplementary Regulations
All uses shall also comply with the requirements of Sections 7 through 9 of this Bylaw.
LAND USE BYLAW NO. 11-2026
129
10.10 BST - BUSINESS SERVICE TRANSITION DISTRICT
10.10.1 General Purpose
To permit commercial and light industrial business uses that do not create a nuisance which
extends beyond the lot on which it occurs.
10.10.2 Uses
Permitted
Discretionary
Amusement Establishment, Indoor
Alcohol Retail Sales
Animal Hospital
Amusement Establishment, Outdoor
Automotive and Equipment Maintenance and
Repair Shop
Animal Breeding and/or Boarding Facility
Automotive Sales and Service Outlet
Auctioneering Establishment
Buildings and Uses Accessory to Permitted
Uses
Automotive and Heavy Equipment Repair and
Auto Body Shop
Business Support Services Establishment
Buildings and Uses Accessory to Discretionary
Uses
Car Wash
Bulk Fuel Storage and Sales
Commercial Entertainment Facility
Cannabis Retail Sales
Commercial School
Day Care Facility, Major
Commercial Storage
Day Care Facility, Minor
Commercial Use
Children's Indoor Play Facility
Contractor Service, Limited
Commercial Business Centre
Drive-In Food Service
Contractor Service, General
Drive-Through Vehicle Service
Crematorium
Eating and Drinking Establishment
Drinking Establishment
Entertainment Establishment
Equipment Rental Establishment
Gas Bar
Essential Public Service
Government Services
Head Shop
Greenhouse
Indoor Recreation Facility
Health Service
Industrial Use, Light
Highway Commercial Use
Microbrewery
Household Repair Service
Parking Facility (Public or Private)
Municipal Service Facility
Pet Grooming Facility
Office Use
Shipping Container
Professional, Financial, Office and Business
Support Service
Small Radio Communications Tower
Public or Quasi-Public Building
Suite, Surveillance
Public or Quasi-Public Use
Trucking and Cartage Establishment
Protective and Emergency Services
Vehicle Repair Establishment
TOWN OF BRUDERHEIM
130
Permitted
Discretionary
Recreation, Indoor
Veterinary Clinic
Recycling Depot
Wind Energy Conversion System, Small
Restaurant
Retail, Convenience
Retail, General
Service Station
Solar Energy Collection System
Wind Energy Conversion System, Micro
Warehouse
10.10.3 Development and Subdivision Regulations
Development and subdivision must comply with Table 10.10.1.
Table 10.10.1: Development and Subdivision Regulations
Subsection
Regulation
Measurement
Minimum Parcel Size
a)
Minimum parcel size
30.0 m (98.4 ft)
Minimum Yards
b)
Front yard
6.0 m (19.7 ft)
c)
Rear yard
3.0 m (9.8 ft)
d)
Rear yard: except where abutting a residential district or a
public road right-of-way (not including a lane) or railway right-
of-way
6.0 m (19.7 ft)
e)
Side yard
3.0 m (9.8 ft)
f)
Side yard: except where abutting a residential district or a
public road right-of-way (not including a lane) or railway right-
of-way
6.0 m (19.7 ft)
Maximum Floor Area Ratio
g)
Maximum floor area ratio
1.0
Maximum Height
h)
Maximum height
14.0 m (45.9 ft)
10.10.4 Supplementary Regulations
All uses shall also comply with the requirements of Sections 7 through 9 of this Bylaw.
LAND USE BYLAW NO. 11-2026
131
10.11 M1 - INDUSTRIAL DISTRICT
10.11.1 General Purpose
To provide an area for light and medium industrial uses that may require a large area of land to
conduct their operations, which are likely to generate a nuisance.
10.11.2 Uses
Permitted
Discretionary
Agriculture, Extensive
Airport
Animal Breeding and/or Boarding Facility
Agricultural Industry
Animal Hospital
Automotive Wrecker
Auctioneering Establishment
Buildings and Uses Accessory to Discretionary
Uses
Automotive and Equipment Maintenance Repair
Shop
Cannabis Production and Distribution Facility
Automotive and Heavy Equipment Repair and
Auto Body Shop
Children's Indoor Play Facility
Automotive Sales and Service Outlet
Contractor Service, General
Buildings and Uses Accessory to Permitted
Uses
Crematorium
Bulk Fuel Storage and Sales
Day Care Facility, Major
Bus Depot
Day Care Facility, Minor
Business Support Services Establishment
Equipment Rental Establishment
Car Wash
Essential Public Service
Commercial Storage
Heavy Vehicle Wash
Commercial Use
Industrial and Commercial Service Support
Contractor Service, Limited
Industrial Vehicle And Equipment Sales/Rentals
Establishment
Drive-Through Vehicle Service
Industrial Use, Medium
Eating and Drinking Establishment
Manufacturing/Processing Facility
Essential Public Service
Microbrewery
Gas Bar
Oilfield Support
Government Services
Parking Facility (Public or Private)
Greenhouse
Pet Grooming Facility
Heavy Truck and Equipment Storage
Recreational Vehicle Storage
Highway Commercial Use
Shipping Container
Household Repair Service
Small Radio Communication Tower
Industrial Use, Light
Suite, Surveillance
Municipal Service Facility
Vehicle Repair Establishment
Office Use
Veterinary Clinic
TOWN OF BRUDERHEIM
132
Permitted
Discretionary
Outdoor Storage Facility
Wind Energy Conversion System, Small
Parking Facility
Professional, Financial, Office and Business
Support Service
Protective and Emergency Services
Public or Quasi-Public Building
Public or Quasi-Public Use
Recycling Depot
Retail, Convenience
Service Station
Shop
Solar Energy Collection System
Trucking and Cartage Establishment
Wind Energy Conversion System, Micro
Warehouse
Warehouse Sales Establishment
10.11.3 Development Regulations
Development and subdivision must comply with Table 10.11.1.
Table 10.11.1: Development and Subdivision Regulations
Subsection
Regulation
Measurement
Minimum Parcel Area
a)
Minimum parcel area
0.2 ha (0.5 ac)
Minimum Parcel Width
b)
Minimum parcel width
30.0 m (98.4 ft)
Minimum Yards
c)
Front yard
6.0 m (19.7 ft)
d)
Rear yard
6.0 m (19.7 ft)
e)
Side yard
6.0 m (19.7 ft)
Maximum Height
f)
Maximum Height
18.0 m (59.0 ft)
All Other Regulations
g)
All other regulations shall be at the discretion of the
Development Authority
LAND USE BYLAW NO. 11-2026
133
10.11.4 Supplementary Regulations
All uses shall also comply with the requirements of Sections 7 through 9 of this Bylaw.
TOWN OF BRUDERHEIM
134
10.12 P - PARKS AND RECREATION DISTRICT
10.12.1 General Purpose
To provide an area for public leisure, recreation, and enjoyment.
10.12.2 Uses
Permitted
Discretionary
Buildings and Uses Accessory to Permitted
Uses
Buildings and Uses Accessory to Discretionary
Uses
Municipal Service Facility
Campground
Natural Environmental Preserve
Community Service Facility
Public or Quasi-Public Buildings
Essential Public Service
Public or Quasi-Public Uses
Exhibition Grounds
Public Park
Golf Course
Public Utility
Recreation, Indoor
Recreation, Outdoor
Surveillance Suite
10.12.3 Development and Subdivision Regulations
Development and subdivision must comply with Table 10.12.1.
Table 10.12.1: Development and Subdivision Regulations
Subsection
Regulation
Measurement
Minimum Parcel Width
a)
Minimum parcel width
At the discretion of
the Development
Authority
Minimum Yards
b)
Front yard
7.0 m (23.0 ft)
c)
Rear yard
7.0 m (23.0 ft)
d)
Side yard
4.5 m (14.8 ft)
Maximum Height
e)
Maximum height
14.0 m (45.9 ft)
All Other Regulations
f)
All other regulations shall be at the discretion of the
Development Authority
LAND USE BYLAW NO. 11-2026
135
10.12.4 Supplementary Regulations
All uses shall also comply with the requirements of Sections 7 through 9 of this Bylaw.
TOWN OF BRUDERHEIM
136
10.13 IPS - INSTITUTIONAL AND PUBLIC SERVICE DISTRICT
10.13.1 General Purpose
To permit development of uses which provide a variety of community services to the Town.
10.13.2 Uses
Permitted
Discretionary
Assisted Care Housing
Amusement Establishment, Indoor
Buildings and Uses Accessory to Permitted
Uses
Amusement Establishment, Outdoor
Community Service Facility
Buildings and Uses Accessory to Discretionary
Uses
Government Services
Campground
Places of Worship
Cemetery
Protective and Emergency Services
Day Care Facility, Major
Public Park
Day Care Facility, Minor
Public or Quasi-Public Buildings
Essential Public Service
Public or Quasi-Public Uses
Exhibition Grounds
Municipal Service Facility
Golf Course
Public Education Facility
Hospital
Public Utility
Outdoor Storage Facility
Recreation, Indoor
Recreation, Outdoor
Restaurant, limited to restaurant uses located at
the following location legally described as
Section 33 Township Road 55, Range Road 20
West 4
10.13.3 Development and Subdivision Regulations
Development and subdivision must comply with Table 10.13.1.
Table 10.13.1: Development and Subdivision Regulations
Subsection
Regulation
Measurement
Minimum Parcel Width
a)
Minimum parcel width
30.0 m (98.4 ft)
Minimum Yards
b)
Front yard
6.0 m (19.7 ft)
LAND USE BYLAW NO. 11-2026
137
Subsection
Regulation
Measurement
c)
Rear yard
7.0 m (23.0 ft)
d)
Side yard
3.0 m (9.8 ft)
e)
Side yard: except where abutting a residential district or a
public road right-of-way (not including a lane) or railway right-
of-way.
4.5 m (14.8 ft)
Maximum Height
f)
Maximum height
14.0 m (45.9 ft)
All Other Regulations
g)
All other regulations shall be at the discretion of the
Development Authority
10.13.4 Additional Development Regulations for Permitted and Discretionary Uses
Restaurant uses shall be limited to the location legally described as: Section 33, Township
Road 55, Range Road 20, West 4.
10.13.5 Supplementary Regulations
All uses shall also comply with the requirements of Sections 7 through 9 of this Bylaw.
TOWN OF BRUDERHEIM
138
10.14 U - UTILITIES DISTRICT
10.14.1 General Purpose
To provide for public and private utilities necessary to serve the Town and the surrounding area.
10.14.2 Uses
Permitted
Discretionary
Buildings And Uses Accessory to Permitted
Uses
Buildings And Uses Accessory to Discretionary
Uses
Municipal Service Facility
Essential Public Service
Public And Quasi-Public Buildings
Outdoor Storage Facility
Public And Quasi-Public Uses
Public Park
Public Utility
10.14.3 Development and Subdivision Regulations
Development and subdivision must comply with Table 10.14.1.
Table 10.14.1: Development and Subdivision Regulations
Subsection
Regulation
Measurement
Minimum Yards
a)
Front yard
6.0 m (19.7 ft)
b)
Rear yard
7.0 m (23.0 ft)
c)
Side yard
6.0 m (19.7 ft)
Maximum Height
d)
Maximum height
10.0 m (32.8 ft)
All Other Regulations
e)
All other regulations shall be at the discretion of the
Development Authority
10.14.4 Supplementary Regulations
All uses shall also comply with the requirements of Sections 7 through 9 of this Bylaw.
LAND USE BYLAW NO. 11-2026
139
10.15 UR - URBAN RESERVE DISTRICT
10.15.1 General Purpose
The purpose of this district is to restrict subdivision and development until such time as the lands
can be planned for and developed for urban uses in an orderly and efficient fashion.
10.15.2 Uses
Permitted
Discretionary
Agriculture, Extensive
Agriculture, Intensive
Building and Uses Accessory to Permitted Uses
Building and Uses Accessory to Discretionary
Uses
Day Home
Detached Dwelling, Existing at the Time of
Adoption of This Bylaw
Home Occupation, Major
Home Occupation, Minor
10.15.3 Development Regulations
All regulations shall be at the discretion of the Development Authority.
10.15.4 Supplementary Regulations
All uses shall also comply with the requirements of Sections 7 through 9 of this Bylaw.
TOWN OF BRUDERHEIM
140
10.16 DC - DIRECT CONTROL DISTRICT
10.16.1 General Purpose
To provide for the development of land uses under individually unique or special circumstances
requiring site-specific controls where the application of conventional land use districts would be
inappropriate or inadequate. This district is not intended to be a substitution for any other land
use district in this Bylaw that could be used to achieve the same result.
10.16.2 Uses
In approving a bylaw for a Direct Control District for a particular site, Council shall specify
those uses that may be allowed.
10.16.3 Direct Control District Regulations
In approving this District, Council shall specify those regulations, in addition to the
regulations within Section 7 through Section 10 of this Bylaw, which shall apply to uses in
the district.
Each new Direct Control District shall be identified by DC after it is adopted by bylaw by
Council.
A development permit shall only be issued for the uses prescribed in the Direct Control
District applicable to the site.
10.16.4 Administrative Provisions
This District shall only be applied where the following conditions are met:
i.
The development is, in the opinion of Council, considered appropriate for the site having
regard for the policies and objectives of any statutory plans applicable to the site and
surrounding area and its compatibility with the scale and character of surrounding
development;
ii. The use of any other District on the site would, in the opinion of Council, result in
potential conflicts with existing or future surrounding developments, should the full
development potential of uses in the District be realized; and
iii. The development is of a unique form or nature not contemplated or reasonably
regulated by another District.
In addition to the information required in Section 5 of this Bylaw for an amendment
application, the applicant shall also provide the following:
i.
Support rationale explaining why the proposed District is desirable for the site having
regard for the conditions listed in 10.16.4.a) above;
ii. A list of uses proposed for the site;
LAND USE BYLAW NO. 11-2026
141
iii. An explanation of the methods used to obtain public input and written documentation of
the opinions and concerns of surrounding property owners and residents and how the
proposed development responds to those concerns;
iv. Plans and elevations that would help substantiate the need for the District and establish
the development standards that would apply to the site; and
v. Any other information as required by the Development Authority to evaluate the
proposed development and its potential impacts.
In approving a bylaw for a Direct Control District for a particular site, Council may specify:
i.
The Development Authority for those uses to be decided upon; and
ii. Those development standards for which a variance may be granted.
10.16.5 Sites Subject to Direct Control
The allowable uses and specific regulations for a particular site subject to Direct Control are
described in the applicable bylaw (listed below, if any).
TOWN OF BRUDERHEIM
142
11 DEFINITIONS
11.1 DEFINITIONS
For the purposes of this Bylaw:
11.1.1
"ABUT or ABUTTING" means immediately contiguous or physically touching, and, when used
with respect to a lot or site, means that the lot or site physically touches upon another lot or site,
and shares a property line or boundary line with it.
11.1.2
"ACCESSORY BUILDING" means a building separate and subordinate to the main building
and use which is incidental to the main building and is located on the same parcel of land. An
accessory building to a residential use means a garage, carport, shed, storage buildings, hobby
greenhouse, sundeck, patio, permanently installed private swimming pool or hot tub, and similar
buildings. Where an accessory development is attached to the main building on a lot by a roof or
an open or enclosed structure, except carports where vehicular access to the rear yard is not
obstructed, said accessory development is part of the main building and not an accessory
building and shall, unless otherwise specified in this Bylaw, adhere to the yard and other
requirements for main buildings.
11.1.3
"ACCESSORY USE" means a use customarily incidental and subordinate to the main use or
building and is located on the same parcel of land with such main use or building.
11.1.4
"ACT" means the Municipal Government Act, R.S.A. 2000, c M-26, as amended.
11.1.5
"ADJACENT LAND" means land that is contiguous to a particular parcel of land and includes:
land that would be contiguous if not for a highway, road, river or stream; and
Any other land identified in this Bylaw as adjacent for the purpose of this Bylaw; (see Figure
1).
11.1.6
"ADULT ENTERTAINMENT ESTABLISHMENT" means a live or recorded performance for an
audience that shows or displays nudity or partial nudity involving exposure of human breasts, the
genitals and/or buttocks in a sexually explicit or suggestive manner and includes strip bars or
shows, adult mini-theatres, exotic dancing, lap dancing, topless or bottomless waiters or
waitresses and nude mud wrestling. Adult entertainment establishment shall only be permitted
as an accessory use to a drinking establishment.
LAND USE BYLAW NO. 11-2026
143
11.1.7
"ADULT USE" means any of the following: Adult Bookstore, Adult Motion Picture Theatre, Adult
Paraphernalia Store, Adult Video Store, and Adult Entertainment Establishment or any other
business or establishment characterized by an emphasis depicting, describing or related to
sexual conduct or excitement. For the purposes of this definition, an adult use is any use or
combination of uses which either have greater than twenty-five percent (25%) of the subject
establishment's inventory stock; or twenty-five percent (25%) of the subject premises' gross floor
area, or 18.6 m2 (200.0 ft2), whichever is greater, devoted to materials for sale or rent
distinguished by or characterized by their emphasis depicting, describing, or relating to sexual
conduct or sexual excitement.
11.1.8
"AIRPORT" means any area of land or water, including the frozen surfaces thereof, or other
supporting surfaced used or intended to be used either in whole or in part for the arrival and
departure or servicing of aircraft, and includes any building, installation or equipment in
connection therewith.
11.1.9
"AGRICULTURAL INDUSTRY" means an industrial activity involving the processing, cleaning
placing or storage of agricultural products. Agricultural industry includes but is not restricted to
seed cleaning and/or or processing plants, cannabis production and distribution facilities,
industrial hemp production and distribution facilities, and grain elevators, but does not include
the manufacture of processed foods from agricultural products or abattoirs.
11.1.10 "AGRICULTURAL OPERATION" means an agricultural activity, (other than a confined feeding
operation), conducted on agricultural land for gain or reward and includes:
The cultivation of land;
The raising of livestock, including game-production animals within the meaning of the
Livestock Industry Diversification Act and poultry;
The raising of fur-bearing animals, pheasants or fish;
The production of agricultural field crops;
The production of fruit, vegetables, sod, trees, shrubs, cannabis, industrial hemp, and other
specialty horticultural crops;
The production of eggs and milk;
The production of honey;
The operation of agricultural machinery and equipment, including irrigation pumps;
The application of fertilizers, manure, insecticides, pesticides, fungicides and herbicides,
including application by ground and aerial spraying for agricultural purposes;
The collection, transportation, storage, application, use, transfer and disposal of manure;
and
The abandonment and reclamation of confined feeding operations and manure storage
facilities.
TOWN OF BRUDERHEIM
144
11.1.11 "AGRICULTURE, EXTENSIVE" means the use of land or buildings, including the first dwelling
or manufactured home, for an agricultural operation which requires large tracts of land (usually
in the order of 32.4 ha (80.0 ac or more). This use may include the outdoor cultivation of
industrial hemp, but does not include intensive agriculture, cannabis production and distribution
facilities, industrial hemp production and distribution facilities, or confined feeding operations;
11.1.12 "AGRICULTURE, INTENSIVE" means an agricultural operation which raises crops on a land-
intensive basis. Intensive agriculture includes greenhouses, silviculture and sod farms, but does
not include confined feeding operations, a cannabis production and distribution facilities, or
industrial hemp production and distribution facilities.
11.1.13 "ALCOHOL RETAIL SALES" means an establishment or that part of an establishment
possessing a Class D liquor license which is used for the retail sales of any and all types of
alcoholic beverages to the public for consumption off premises. This use may include as well as
the sale of alcohol the retail sales of related products such as soft drinks and snack foods. This
does not include cannabis retail sales establishments
11.1.14 "AMENITY AREA" means an area which is developed for the active or passive recreation and
enjoyment of the occupants of a dwelling or dwellings. Such area may be for either private or
communal use and may be under either individual or common ownership. Amenity areas may
include landscaped areas, patios, balconies, communal lounges, swimming pools, play areas
and similar uses but does not include any area occupied at grade by a building's service areas,
parking lots, aisles or access driveways.
11.1.15 "AMENITY AREA, COMMUNAL" means an amenity area which shall be provided in
accordance with the regulations in this Bylaw, but which must be developed for the active or
passive recreation and enjoyment of all occupants of a building. Such area must be for
communal use and accessible by all occupants of a building it is intended to serve. Amenity
areas may include: landscaped areas, patios, balconies, communal lounges, swimming pools,
play areas and similar uses but does not include any area occupied at grade by a building's
service areas, parking lots, aisles or access driveways'
11.1.16 "AMENITY AREA, PRIVATE OUTDOOR" means an amenity area which shall be provided in
accordance with the regulations in this Bylaw, but which must be developed for the active or
passive recreation and enjoyment of the residents of a specific dwelling unit, and which is
immediately adjacent to and directly accessible from the dwelling unit it is intended to serve.
Amenity areas may include: landscaped areas, patios, balconies, communal lounges, swimming
pools, play areas and similar uses but does not include any area occupied at grade by a
building's service areas, parking lots, aisles or access driveways.
11.1.17 "AMUSEMENT ESTABLISHMENT, INDOOR" means a development providing recreational
facilities with table games and/or electronic games played by patrons for entertainment. Indoor
amusement establishments include billiard parlours and electronic games arcades with tables
and/or games and bowling alleys but does not include a cannabis lounge.
LAND USE BYLAW NO. 11-2026
145
11.1.18 "AMUSEMENT ESTABLISHMENT, OUTDOOR" means a development providing recreational
facilities outdoors played by patrons for entertainment. Outdoor amusement establishments
include amusement parks, go-cart tracks, and miniature golf courses. However, outdoor
amusement establishments do not include drive-in motion picture theatres, carnivals or circuses.
11.1.19 "ANIMAL BREEDING AND/OR BOARDING FACILITY" means an establishment for the
keeping, breeding, housing, exercising, training, and/or raising of three (3) or more animals over
six months in age, that are not livestock for profit or gain but shall not apply to the keeping of
animals in a veterinary clinic for the purpose of observation and/or recovery necessary to
veterinary treatment.
11.1.20 "ANIMAL HOSPITAL" means a building used by veterinarians primarily for the purposes of the
consultation, diagnosis and office treatment of household pets, but shall not include long-term
board facilities for animals nor kennels.
11.1.21 "APARTMENT" see "DWELLING, APARTMENT".
11.1.22 "AREA STRUCTURE PLAN" means a plan adopted by Council as an Area Structure Plan
pursuant to the Municipal Government Act.
11.1.23 "ASSISTED CARE HOUSING" means a residential multi-unit building designed to provide long
term housing wherein residents, who because of their circumstances cannot or do not wish to
maintain their own households, are provided with meal services and may also receive such
services as housekeeping and personal care assistance. Typical uses include seniors' lodges
and nursing homes.
11.1.24 "AUCTIONEERING ESTABLISHMENT" means a development specifically intended for the
auctioning of goods and equipment, including the temporary storage of such goods and
equipment, excluding animals/livestock. Auctioneering establishments do not include flea
markets.
11.1.25 "AUTOMOTIVE AND EQUIPMENT MAINTENANCE AND REPAIR SHOP" means a
development where automobiles, motorcycles, snowmobiles and similar vehicles are serviced or
mechanically repaired and where related accessories and parts are sold and/or installed.
Automotive and equipment maintenance and repair shops include transmission shops, muffler
shops, tire shops, paint shops, automotive glass shops, and upholstery shops. This does not
include automotive and heavy equipment supply, repair and body shop or automotive wreckers.
11.1.26 "AUTOMOTIVE AND HEAVY EQUIPMENT SUPPLY, REPAIR AND BODY SHOP" means a
facility used for servicing and mechanical repair of commercial motor vehicles and heavy
equipment such as tractor and tractor-trailer units, large recreation vehicles, motor homes, front-
end loaders, backhoes and dump-trucks. It also includes the repair or noncommercial and
commercial motor vehicle bodies. It does not include automotive wreckers.
TOWN OF BRUDERHEIM
146
11.1.27 "AUTOMOTIVE SALES AND SERVICE OUTLET" means a facility providing for the sale, rental,
service and repair of commercial and non-commercial motor vehicles including, but not limited
to, cars, trucks, farm and heavy equipment, recreation vehicles, boats, snowmobiles or similar
light recreation vehicles.
11.1.28 "AUTOMOTIVE WRECKER" means a parcel used for storing, junking, dismantling or wrecking
three or more motor vehicles and parts thereof and may include subsequent sales of such parts.
11.1.29 "BARELAND CONDOMINIUM" means a condominium development containing Bareland
Condominium Units, created specifically through subdivision and registered as a condominium
plan in accordance with the Condominium Property Act, RSA 2000, c. 22.
11.1.30 "BARE LAND CONDOMINIUM UNIT" means a bare land unit as defined in the Condominium
Property Act, RSA 2000, c. 22.
11.1.31 "BASEMENT" means the portion of a development which is wholly or partially below grade, the
ceiling of which is not more than 1.83 m (6.0 ft) above grade.
11.1.32 "BED AND BREAKFAST ESTABLISHMENT" means a development within a dwelling which
possesses a dwelling unit, where temporary sleeping accommodations, up to a maximum of four
(4) bedrooms, with or without meals, are provided for remuneration to members of the public. A
bed and breakfast establishment shall not include a boarding house.
11.1.33 "BERM" means a landscaped earthen mound that is utilized to attenuate the noise and visual
effects of adjacent land uses and/or direct ground water flows as part of an engineered storm
water management system.
11.1.34 "BOARDING/LODGING HOUSE" means a building or portion thereof where meals are served
for a remuneration involving no more than four (4) persons, exclusive of the occupant and
immediate family. For the purposes of this Bylaw, boarding houses shall not include an eating or
drinking establishment, a drive-in restaurant, a refreshment stand, or other similar use.
11.1.35 "BUFFER" means berms, fencing and planting for the purpose of screening noise, views, dust,
sprays and uses between properties where off-site impacts may occur.
11.1.36 "BUILDING" includes anything constructed or placed on, in, over or under land but does not
include a highway or road or a bridge that forms part of a highway or road.
11.1.37 "BUILDING AREA" means the greatest horizontal area of a building above grade within the
glassline of exterior walls, or within the glassline of exterior walls and the centerline of fire walls.
11.1.38 "BUILDING HEIGHT" means the vertical distance between the building grade and the highest
point of a building, excluding a stairway entrance, an elevator housing, a mechanical skylight,
ventilating fan, chimney, steeple, fire wall, parapet wall, flagpole or similar device not structurally
essential to the building (see Figure 8).
LAND USE BYLAW NO. 11-2026
147
Figure 8: Building Height
11.1.39 "BUILDING PERMIT" means a permit authorizing construction and issued under the Safety
Codes Act.
11.1.40 "BULK FUEL STORAGE AND SALES" means lands, buildings and structures for the storage
and distribution of fuels and oils including retail sales and key lock operations.
11.1.41 "BUS DEPOT" means a facility providing for the arrival and departure of passengers and freight
carried by bus or other similar passenger vehicles.
11.1.42 "BUSINESS SUPPORT SERVICES ESTABLISHMENT" means a development providing
support services to businesses. Business support services establishments are characterized by
one or more of the following features: the use of minor mechanical equipment for printing,
duplicating, binding or photographic processing; the provision of office maintenance or custodial
services; the provision of office security; or the sale, rental, repair or servicing of office
equipment, furniture and machines. Business support services establishments include printing
establishments, film processing establishments, janitorial firms, and office equipment sales and
repair establishments.
11.1.43 "CABIN" means a one-room structure (not including a washroom, bathroom, or toilet) intended
for short term occupancy, often rented for short period of time to the traveling or vacationing
public.
11.1.44 "CAMPGROUND" means an area which has been planned and improved to be used and
maintained for a seasonal short-term period (where the maximum occupancy shall not exceed
240 days in one year, for campers located in tents, tent trailers, holiday trailers, campers, motor
homes and similar recreation vehicles within a defined area.
11.1.45 "CAMP SITE" means an area of land designed to accommodate, and intended to be rented for,
a tent or recreational vehicle or cabin.
11.1.46 "CANNABIS" mean cannabis as defined in the Cannabis Act, S.C. 2018, c. 16, as amended or
replaced.
Cannabis includes:
TOWN OF BRUDERHEIM
148
i.
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;
ii. any substance or mixture of substances that contains or has on it any part of such a
plant; or
iii. any substance that is identical to any phytocannabinoid produced by, or found in, such a
plant, regardless of how the substance was obtained.
Cannabis does not include:
i.
a non-viable seed of a cannabis plant;
ii. a mature stalk, without any leaf, flower, seed or branch, of such a plant;
iii. fibre derived from a stalk referred to in subsection 11.1.47.b.ii;
iv. the root or any part of the root of such a plant;
v. a derivative made by processing parts of such a plant referred to in subsections
11.1.47.b.i, 11.1.47.b.iii, or 11.1.47.b. iv, or a product made from that derivative; or
vi. a derivative made by processing a stalk referred to in subsection 11.1.47.b.ii, or a
product made from that derivative, that does not contain an isolated or concentrated
phytocannabinoids.
11.1.47 "CANNABIS ACCESSORY" means a thing that is commonly used in the consumption or
production of cannabis. Cannabis accessories include, but are not limited to, rolling papers or
wraps, holders, pipes, water pipes, bongs and vaporizers.
11.1.48 "CANNABIS, LOUNGE" means a development where the primary purpose of the facility is the
sale of cannabis to the eligible public, for the consumption within the premises that is authorized
by provincial or federal legislation. This use does not include cannabis production and
distribution facilities.
11.1.49 "CANNABIS, MEDICAL" means cannabis that is obtained for medical purposes in accordance
with applicable law.
11.1.50 "CANNABIS PRODUCTION AND DISTRIBUTION FACILITY" means a development used
principally for one or more of the following activities relating to cannabis:
the production, cultivation, and growth of cannabis;
the processing of raw materials;
the making, testing, manufacturing, assembling, or in any way altering the chemical or
physical properties of semi-finished or finished cannabis goods or products;
the storage or shipping of materials, goods, or products, or:
the distribution and sales of materials, goods, and products to cannabis retail sales stores or
to individual customers.
LAND USE BYLAW NO. 11-2026
149
11.1.51 "CANNABIS RETAIL SALES" means a development used for the retail sales of cannabis that
is authorized by provincial or federal legislation. The Use may include retail sales of cannabis of
cannabis accessories, as defined in the Cannabis Act S.C. 2018, c. 16 as amended or replaced.
This use does not include cannabis production and distribution facilities.
11.1.52 "CARETAKER/SECURITY RESIDENCE" means a dwelling unit on a parcel of land which is
incidental and contained within a main building, or one manufactured home which is incidental to
the main use, provided that the dwelling unit is specifically used in conjunction with the
protection of private property.
11.1.53 "CARPORT" means a roofed structure used for storing or parking not more than two (2)
vehicles and which has not less than forty percent (40%) of its total perimeter open and
unobstructed.
11.1.54 "CAR WASH" means a facility used for the cleaning of motor vehicles, such as passenger cars,
trucks and motorcycles. A heavy vehicle wash is a separate use.
11.1.55 "CEMETERY" means development of land for the interment or entombment of the deceased,
and may include, at the discretion of the Development Authority, crematoriums, burial grounds,
mausoleums, gardens of remembrance and memorial parks or a religious assembly, and one
attached or separate manse.
11.1.56 "CHILDREN'S INDOOR PLAY FACILITY" means a commercial indoor recreation and play area
not exceeding, 370 m2 (3,982.65 ft2), designed for children, which provides supervised indoor
play and creation opportunities and may include: soft play areas, toddler areas, climbing
stations, trampoline areas, slides, biking or scootering areas, obstacles courses, crafting areas
and/or children's party rooms.
11.1.57 "CO-LOCATION" means locating on a site and tower with other Wireless Communications
Operators.
11.1.58 "COMMERCIAL BUSINESS CENTRE" means any group of commercial establishments
planned, constructed and managed by a single or group of owners or tenants, either in a mall-
type setting, where individual businesses front onto a pedestrian walkway within one building, or
on a common site. Commercial business centres may have common site access/accesses and a
common parking area(s) for customers and staff.
TOWN OF BRUDERHEIM
150
11.1.59 "COMMERCIAL ENTERTAINMENT FACILITY" means a privately owned indoor facility or
development operated for financial gain in which the public participates in and/or views an
activity for entertainment/social purposes. Commercial Entertainment Facilities may offer food
and beverages for sale to the patrons and may be licensed by the Province of Alberta for the on-
site consumption of alcohol. Without limiting the generality of the foregoing, they may include
facilities for display of motion pictures, live theatres, dinner theatres, dancing and cabaret
entertainment, amusement arcades with mechanical and/or electronic games, billiard or pool
halls. This use does not include adult entertainment establishments, drinking establishments,
cannabis lounges, or recreation indoor uses.
11.1.60 "COMMERCIAL SCHOOL" means a facility for instruction and education which is not
maintained at public expense, and which may or may not offer courses equivalent to those
offered at publicly supported education facilities.
11.1.61 "COMMERCIAL STORAGE" means a self-contained building or group of buildings containing
units available for rent for the storage of goods and materials.
11.1.62 "COMMERCIAL USE" means a business through which products, services, or entertainment
are available to consumers, whether the general public or other commercial establishments, and
does not include the manufacturing of products. Commercial use shall include animal hospitals,
bed and breakfast establishments, business support services establishments, campgrounds,
drive-in businesses, drive-in restaurants, eating and drinking establishments, entertainment
establishments, general retail stores, greenhouses, health services, highway commercial uses,
hotels, office uses, personal service shops, recreation camps, and resorts, but shall not include
cannabis retail sales or cannabis lounges.
11.1.63 "COMMUNICATION TOWER/ANTENNA" means a structure designed for the purpose of
receiving and transmitting communication signals.
11.1.64 "COMMUNITY SERVICE FACILITY" means a building used by the public for cultural or
community activities or for the provision of community services. Such uses include, but are not
limited to, museums, libraries, community halls, YMCAs, tourist information/interpretive centres,
and multi-purpose facilities.
11.1.65 "CONFINED FEEDING OPERATION" means a confined feeding operation as defined in the
Agricultural Operation Practices Act.
11.1.66 "CONTRACTOR SERVICE, LIMITED" means a development where electrical, plumbing,
heating, painting and similar contractor services are provided, primarily to individual households,
and where goods normally associated with the contractor service may be stored and sold, where
all materials are kept within an enclosed building, and where there are no accessory
manufacturing activities or parking or storage of more than four (4) vehicles.
LAND USE BYLAW NO. 11-2026
151
11.1.67 "CONTRACTOR SERVICE, GENERAL" means a development where building, concrete,
landscaping, electrical, excavation, drilling, heating, plumbing, paving, road, oil field, pipeline, or
similar services of a construction or services nature are provided, which have on-site storage of
materials, construction equipment, or vehicles normally associated with the contractor service,
and which is not a limited contractor service. Any sales, display, office or technical support
service areas shall be accessory to the main use only.
11.1.68 "CORNER LOT" see "LOT, CORNER".
11.1.69 "COUNCIL" means the Council of Town of Bruderheim.
11.1.70 "COVERAGE" means the sum of the ground floor areas of all buildings on a lot divided by the
area of the lot.
11.1.71 "CREMATORIUM" means an establishment with one or more cremation chambers used only
for the reduction of the human body to ashes by heat and where funeral services will not be
permitted to be conducted.
11.1.72 "DANGEROUS OR HAZARDOUS GOODS" means a product, substance or organism listed in
the Dangerous Goods Transportation and Handling Act.
11.1.73 "DATE OF ISSUE" means the date on which the notice of a decision of the Development
Authority is published, or five (5) working days after such a notice is mailed.
11.1.74 "DAY CARE FACILITY, MAJOR" means a provincially licensed development providing daytime
personal care, maintenance and supervision to seven (7) or more children under the age of
eleven (11) years, by persons unrelated to the children by blood or marriage but does not
include overnight accommodation. Day care facilities include day care centres, day nurseries,
kindergartens, nursery school, play schools and after-school or baby-sitting programs which
satisfy this definition. Day care facilities shall not include a day home, a family care facility, a
group care facility, or a school operated by a School Division.
11.1.75 "DAY CARE FACILITY, MINOR" means a provincially licensed development providing daytime
personal care, maintenance and supervision to six (6) or less children under the age of eleven
(11) years, by persons unrelated to the children by blood or marriage but does not include
overnight accommodation. Day care facilities include day care centres, day nurseries,
kindergartens, nursery school, play schools and after-school or baby-sitting programs which
satisfy this definition. Day care facilities shall not include a day home, a family care facility, a
group care facility, or a school operated by a School Division.
11.1.76 "DAY HOME" means a provincially licensed childcare facility operated from a dwelling supplying
supervision to a maximum of six (6) children under the age of eleven (11) years or senior
citizens, including any resident children and seniors, for periods of more than three (3) but no
more than fourteen (14) consecutive hours. A day home may supply an outside recreation space
that is both fenced and gated and shall meet all fire regulations and health regulations.
TOWN OF BRUDERHEIM
152
11.1.77 "DECK" means any open structure attached to a building having a height greater than 0.6 m
(2.0 ft) above grade, and thereby requiring stairs and railings as outlined in regulations approved
under the Safety Codes Act. A deck shall not have walls higher than 1.25 m (4.1 ft) or a roof.
11.1.78 "DENSITY" means a measure of the average number of persons or dwelling units per unit of
area.
11.1.79 "DETACHED DWELLING" see "DWELLING, DETACHED"
11.1.80 "DEVELOPER" means an owner, agent or any person, firm or company required to obtain or
having obtained a development permit.
11.1.81 "DEVELOPMENT" means
an excavation or stockpile and the creation of either of them, or
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, or
a change of use of land or a building or an act done in relation to land or a building that
results in or is likely to result in a change in the use of the land or building, or
a change in the intensity of use of land or a building or an act done in relation to land or a
building that results in or is likely to result in a change in the intensity of use of the land or
building;
and without restricting the generality of the foregoing, includes:
i.
in the case of a lot used for residential purposes, alterations made to a building or an
additional building on the lot whether or not the building is a dwelling or part of a
dwelling unit,
ii. in the case of a lot used for other than residential purposes, alterations or additions
made to a building on the lot or a use of the lot which would increase either the capacity
of the building or the intensity of use of the lot,
iii. the display of advertisements or signs on the exterior of a building or on any land,
iv. the deposit of earth, debris, waste materials, refuse, or any other material on any land,
including land already being used for that purpose, or if the natural topography or
drainage is altered,
v. any increase in the number of households occupying and living in any building or on any
site, and any construction or alterations or additions which would provide for an increase
in the number of households which could occupy and live in any building or on any site,
including any increase in the number of dwelling units in a building or on a site,
vi. the placing of refuse or waste material on any land,
LAND USE BYLAW NO. 11-2026
153
vii. the use of land for the storage or repair of motor vehicles or other machinery or
equipment,
viii. the continued use of land or of a building for any purpose for which it is being used
unlawfully when this Bylaw comes into effect,
ix. the demolition or removal of a building,
x. the placement of an already constructed or a partially constructed building on a parcel of
land,
xi. the use of land for the parking of trailers, bunk houses, portable dwellings, skid shacks,
or any other type of portable building whatsoever, whether or not the same has been
placed or affixed to the land in any way,
xii. the removal of topsoil from land,
xiii. the recommencement of the use to which land or a building has been previously put if
that use has been discontinued for a period of more than six months, or
xiv. the use of land for storage purposes or for the repair of equipment, vehicles or other
kinds of machinery.
11.1.82 "DEVELOPMENT AUTHORITY" means the development authority of the Town as established
within this Land Use Bylaw.
11.1.83 "DEVELOPMENT OFFICER" means an official of the Town of Bruderheim appointed, according
to the procedures authorized by Town Council, to act as a development authority according to
the Municipal Government Act.
11.1.84 "DEVELOPMENT PERMIT" means a document authorizing a development issued pursuant to
this Land Use Bylaw.
11.1.85 "DETACHED DWELLING" see "DWELLING, DETACHED".
11.1.86 "DISCONTINUED" means the time at which, in the opinion of the Development Authority,
substantial construction activity or use, whether conforming or not conforming to this Bylaw, has
ceased.
11.1.87 "DISCRETIONARY USE" means the use of land, or a building provided for in this Land Use
Bylaw for which a development permit may be issued upon an application having been made.
11.1.88 "DISTRICT" means Land Use District.
11.1.89 "DOMESTIC PETS" means animals which are not livestock as defined in the Agricultural
Operation Practices Act and which are often kept within a dwelling unit. Such animals include
dogs, cats, and similar animals.
TOWN OF BRUDERHEIM
154
11.1.90 "DRINKING ESTABLISHMENT" means a development possessing a Class A Minors Prohibited
liquor license, where the sale and consumption of liquor on-site are open to the public and where
alcohol, rather than food, is the predominant item consumed. A drinking establishment does not
include an entertainment establishment or a cannabis lounge.
11.1.91 "DRIVE-IN FOOD SERVIC" means a restaurant or part of a restaurant which offers a limited
menu produced in a manner that allows rapid customer service and includes, but is not limited
to, drive-through food and drink pick-up services, or parking primarily intended for the on-site
consumption of food within a vehicle and may be served by a car attendant.
11.1.92 "DRIVE-THROUGH VEHICLE SERVICE" means a development which serves customers
traveling in motor vehicles driven onto the site where such business is carried on, where
normally the customer either remains in the vehicle for service, or parks the vehicle for a short
period for the purpose of doing business at the premises. Drive-in businesses include service
stations, gas bars, drive-in restaurants, drive-through vehicle service establishments such as
lubrication shops, recycling depots, and car washes, but does not include bulk fuel storage and
sales establishments.
11.1.93 "DRIVEWAY" means a portion of land that is designated for and capable of providing space for
parking a vehicle(s).
11.1.94 "DUPLEX" see "DWELLING, DUPLEX".
11.1.95 "DWELLING" means any building used exclusively for human habitation. This definition shall
include single detached dwellings, duplexes, row housing, apartments, and manufactured
homes.
11.1.96 "DWELLING, APARTMENT" means a residential building consisting of at least three dwelling
units but shall not include buildings containing units with individual separate exterior entrances.
11.1.97 "DWELLING, DUPLEX" means two (2) dwelling units joined side by side or one above the other
by a common wall with each dwelling unit having a separate exterior entrance.
11.1.98 "DWELLING, FOURPLEX" means an arrangement of four attached dwelling units, other than
row housing, intended to be occupied by separate households with separate exterior access to
grade
11.1.99 "DWELLING, ROW HOUSING" means a building consisting of at least three dwelling units with
each unit having direct access to the outside grade but shall not mean apartment.
11.1.100 "DWELLING, DETACHED" means a building normally consisting of one (1) dwelling unit that is
physically separate from any other residential building and does not include manufactured
homes. A single detached dwelling is a dwelling which is normally constructed on-site. However,
a single detached dwelling may be constructed in pieces off-site, or even in one piece, with the
piece(s) being transported to the site for assembly on-site and thus may be a modular dwelling.
LAND USE BYLAW NO. 11-2026
155
11.1.101 "DWELLING UNIT" means a complete dwelling or self-contained portion of a dwelling, set or
suite of rooms which contains sleeping, cooking and separated or shared toilet facilities,
intended for domestic use, and used or intended to be used permanently, semi-permanently, or
seasonally as a residence for one (1) household, and which, except for a secondary suite, is not
separated from direct access to the outside by another separate dwelling unit.
11.1.102 "EASEMENT" means a right to use land, generally for access to other property, or as a right of
way for a public utility.
11.1.103 "EATING AND DRINKING ESTABLISHMENT" means a development where food and/or
beverages are prepared and offered for sale to the public, for consumption within the premises,
at an accessory outdoor seating area on the site, or off the site. An eating and drinking
establishment does not include: a cannabis lounge, drinking establishment, or an entertainment
establishment unless otherwise provided for in an approved development permit.
11.1.104 "ENCROACHMENT AGREEMENT" means an agreement under which a municipality permits
an intrusion onto public property that is under the direction, control and management of the
municipality or improvements made on land that is adjoining that public property.
11.1.105 "ENTERTAINMENT ESTABLISHMENT" means a development where persons are entertained
by music, theatre, or the like. An entertainment establishment includes theatre, dancing or
cabaret entertainment, whether recorded or live. An eating and drinking establishment may
contain within it a drinking establishment, but only if specifically provided for in an approved
development permit.
11.1.106 "EQUIPMENT RENTAL ESTABLISHMENT" means a development where tools, appliances,
recreation craft, office machines, furniture, light construction equipment, or similar items are
rented and serviced. Equipment rental establishments do not include developments where motor
vehicles or industrial equipment are rented or serviced.
11.1.107 "ESSENTIAL PUBLIC SERVICE" means a development that is necessary for the continued
health, safety or welfare of residents and members of the public. This includes fire stations,
ambulance services, police stations and similar facilities.
11.1.108 "ESTABLISHED GRADE" means the average of the highest (A) and lowest (B) elevation of
finished surface of the ground where it meets the exterior main walls of a building or the average
elevation of the finished grade of the ground immediately surrounding a structure, exclusive in
both case of any artificial embankment or entrenchment (see Figure 9).
TOWN OF BRUDERHEIM
156
Figure 9: Established Grade
11.1.109 "EXCAVATION" means any breaking of ground, except common household gardening and
ground care.
11.1.110 "EXHIBITION GROUNDS" means a development where entirely or primarily outdoor
entertainment is provided to the public, and may include vendors of food, beverage and
commodities, amusement rides, agricultural fairs, and outdoor rodeos.
11.1.111 "EXTENSIVE AGRICULTURE" see "AGRICULTURE, EXTENSIVE".
11.1.112 "EXTERIOR WALL" means the outermost point of a building projection, including, but not
limited to, bay windows, oval windows, chimneys and verandas, but not including roof overhangs
less than 0.6 m (2.0 ft).
11.1.113 "FAMILY CARE FACILITY" means a facility which provides resident service in a dwelling to six
(6) or fewer individuals who are not related to the resident household. These individuals are
physically handicapped, aged, or disabled, and in need of adult supervision for those reasons
and are provided service and supervision in accordance with their individual needs. This
category includes foster or boarding homes for children but not group homes.
11.1.114 "FENCE" means a vertical physical barrier constructed out of typical building material (wire,
wood, plastic, or tubular steel) to prevent visual or unauthorized access or both.
11.1.115 "FLOOR AREA" means the total area of all floors of a building above grade within the outside
surface of exterior walls or within the glassline of exterior walls and the centreline of fire walls,
but not including the floor area of basements, attached garages, sheds, open porches or
breezeways, except that all dwelling units in an apartment shall be included in the calculation of
floor area.
LAND USE BYLAW NO. 11-2026
157
11.1.116 "FLOOR AREA RATIO" means the numerical value of the gross floor area of the building or
structure divided by the area of the site. The gross floor area does not include basement areas
used exclusively for storage or service to the building, parking areas below grade and floor areas
devoted exclusively to mechanical or electrical equipment servicing the development.
11.1.117 "FRONT LINE" means the boundary line of a lot lying adjacent to a highway or road. In the case
of a corner lot, the shorter of the two boundary lines adjacent to the highway or road shall be
considered the front line.
11.1.118 "FRONT YARD" see "YARD, FRONT".
11.1.119 "FUNERAL SERVICES" means a business establishment where deceased are prepared for
burial and where funeral services can be held. Funeral Services does not include crematory or
internment services.
11.1.120 "GARAGE" means a building to be used for the storage of vehicles such as a passenger car, a
truck, a recreational vehicle, a boat, or similar chattels.
11.1.121 "GARAGE SUITE" see "SUITE, GARAGE".
11.1.122 "GARDEN SUITE" see "SUITE, GARDEN".
11.1.123 "GAS BAR" means a site, or portion thereof, where vehicle fuels, lubricant and fluids and the
accessory sales of convenience retail items are sold to the public, but vehicle maintenance and
repairs are not done. Service station is a separate use.
11.1.124 "GENERAL RETAIL ESTABLISHMENT" means a development where, among other goods,
groceries, beverages, household goods, furniture, appliances, home improvement supplies,
hardware, printed matter, confectionary, tobacco, pharmaceutical, personal care items,
automotive parts and accessories, electronic equipment, recordings, office equipment,
stationary, secondhand goods, and similar goods are bought, rented, and/or sold, except for any
and all types of alcoholic beverages or cannabis products. Minor public services, such as postal
services and film processing depots may also be provided.
11.1.125 "GOLF COURSE" means an outdoor establishment/development designed for the game of golf.
Accessory uses include a clubhouse, pro-shop, driving range and/or other practice facility,
restaurant, drinking facility and other commercial uses typically associated with the golf
clubhouse facility.
11.1.126 "GOVERNMENT SERVICES" means a development providing Crown Corporation, municipal,
provincial or federal government services to the public. Typical uses include, but are not limited
to, town halls, court houses, postal offices, social service offices and taxation offices. It does not
include municipal service facilities, essential public services, schools or hospitals.
TOWN OF BRUDERHEIM
158
11.1.127 "GRADE" means the ground elevation established for the purpose of regulating the height of a
building. The building grade shall be the finished ground elevation adjacent to the walls of the
building if the finished grade is level. If the ground is not entirely level the grade shall be
determined by averaging the finished ground elevation for each face of the building.
11.1.128 "GROSS FLOOR AREA" means the total floor area of all floors, excluding the basement, of a
non-residential building or structure.
11.1.129 "GREENHOUSE" means a commercial establishment, with or without a building, where
vegetables, flowers and other plants are grown for sale as plants, and which may include a
market garden, plant nursery or hydroponic or aquaponics operation. A greenhouse does not
include a cannabis retail sales or a cannabis production and distribution facility.
11.1.130 "GROUP CARE FACILITY" means a facility which provides resident services to seven (7) or
more individuals of whom one or more may be related. These individuals are physically
handicapped, aged, or disabled, and in need of adult supervision for those reasons and are
provided service and supervision in accordance with their individual needs. This category
includes foster or boarding homes for children but not group homes.
11.1.131 "GROUP HOME" means a building or portion of a building used for the care or rehabilitation of
adults or children which is not predominantly related to age or a physical disability or the care or
rehabilitation of the aged or the physically disabled. Group homes include halfway houses,
addiction rehabilitation centres, care which is an alternative to legal incarceration, or treatment
for mental illness or mental instability.
11.1.132 "GUEST HOUSE" means an accessory building to a single detached dwelling, which contains a
dwelling unit or part of a dwelling unit which is used solely by members of the family or by
temporary guests of the family occupying the single detached dwelling.
11.1.133 "HARD SURFACING" means asphalt, concrete, paving stone or similar material satisfactory to
the Development Authority which is used in the construction of a driveway or parking area.
11.1.134 "HEAD SHOP" means a retail outlet which specializes in the sale of cannabis accessories, drug
paraphernalia related to consumption of cannabis, or other recreational drugs, and new age
herbs, as well as counterculture art, magazines, music, clothing and home décor. This does not
include cannabis retail sales establishments or a cannabis production and distribution facility.
LAND USE BYLAW NO. 11-2026
159
11.1.135 "HEALTH SERVICE" means a development where physical or mental health services are
provided on an out-patient or on an in-patient basis. If the services are provided on an in- patient
basis, health service may include room and board for the sick, injured, or infirm, and may also
include accessory staff residences. Such services may be of a preventative, diagnostic,
treatment, therapeutic, rehabilitative, or counseling nature. Health services include medical,
chiropractic, and dental offices, health clinics, medical cannabis clinics, and counseling services,
hospitals, sanitariums, nursing homes, convalescent homes, isolation facilities, psychiatric
hospitals, auxiliary hospitals, and detoxification centres.
11.1.136 "HEAVY TRUCK AND EQUIPMENT STORAGE" means the on-lot storage, inside a single
accessory building, of heavy trucks and equipment owned and operated by a resident or
residents of the single detached dwelling or manufactured home situated on the same lot.
11.1.137 "HEAVY VEHICLE WASH" means a facility used for the cleaning of commercial motor vehicles,
such as tractor and tractor-trailer units, large recreation vehicles and motor homes.
11.1.138 "HIGHWAY" means a highway as defined in the Highways Development and Protect Act,
R.S.A. 2000.
11.1.139 "HIGHWAY COMMERCIAL USE" means a commercial use intended to serve the motoring
public and includes, but is not limited to, service stations, gas bars, drive-in restaurants, and
motels. Highway commercial uses do not include cannabis retail sales.
11.1.140 "HOME OCCUPATION" means any occupation, trade profession, or craft carried on by an
occupant of a dwelling as a use secondary to the residential use of the building, and which does
not change the character of or have any exterior evidence of such secondary use other than a
sign as allowed in this Bylaw. For the purposes of this Bylaw. For the purposes of this Bylaw,
home occupations are divided into two sub-classifications - major home occupations and minor
home occupations - with specific regulations for each as indicated in this Bylaw:
A minor home occupation does not include any business which would normally attract more
than five (5) clients per week, or the employment at the dwelling or accessory buildings of
any paid assistant, other than the occupants of the dwelling.
A major home occupation may include a business which would normally attract more than
five (5) clients per week but does not include the employment at the dwelling or accessory
buildings of more than two (2) paid assistants, other than the occupant and the occupant's
family.
A home occupation does not include outdoor storage of any goods or stock in trade or the
employment of more than one person who does not reside at the location at which the home
occupation occurs. A home occupation does not include uses such as:
a bed and breakfast establishment;
veterinary clinic;
TOWN OF BRUDERHEIM
160
any automotive, industrial and/or recreation vehicle or equipment sales, rental, storage,
service or repairs;
a dating or escort service;
an adult entertainment establishment;
a cannabis retail sales; or
a cannabis production and distribution facility.
11.1.141 "HOME OFFICE" means a business office in a dwelling which:
Is accessory to the primary residential use of the dwelling;
Is located in a room or partitioned area of the dwelling that does not exceed 14 m2 (150.69
ft2);
Is not visited by any clients or off-site employees;
Does not have any internal or external storage of goods other than files and other papers
necessary for the operation of the office;
Does not change the external appearance or residential character of the dwelling and is
undetectable from the outside the dwelling unit; and
Is carried on only by the resident(s) of that dwelling.
A home office does not include a home occupation.
11.1.142 "HOSPITAL" means a building used to provide in-patient and out-patient health care to the
public, typically where the sick and injured are given medical or surgical care.
11.1.143 "HOTEL" means a commercial development used for the provision of rooms or suites for
temporary sleeping accommodation where the rooms have access from a common interior
corridor and are not equipped with individual kitchen facilities. Hotels will have a check-
in/registration counter and may include accessory restaurants, drinking establishments, meeting
rooms, and personal service facilities. This does not include alcohol retail sales establishments
or cannabis retail sales.
11.1.144 "HOUSEHOLD" means:
a person, or
two (2) or more persons related by blood, marriage, a common law relationship, or adoption,
or
a group of not more than five (5) persons who are not related by blood, marriage, or
adoption,
LAND USE BYLAW NO. 11-2026
161
all living together as a single housekeeping group and using cooking facilities shared in
common. A household may also include bona fide servants, up to two (2) boarders or lodgers, or
up to four (4) foster children.
11.1.145 "HOUSEHOLD REPAIR SERVICE" means a development where goods, equipment and
appliances normally found within a dwelling unit may be repaired. Household repair services
include radio, television, appliance and electronics repair shops, and furniture refinishing and
upholstery shops, but not personal service shops. Household repair services do not have any
outdoor storage.
11.1.146 "INDOOR AMUSEMENT ESTABLISHMENT" see "AMUSEMENT ESTABLISHMENT,
INDOOR".
11.1.147 "INDOOR RECREATION FACILITY" means a development for sports and active recreation
within an enclosed building. Indoor recreation facilities include such facilities as ice arenas,
gymnasiums, curling rinks, swimming pools, and similar, though smaller, facilities. As well,
indoor recreation facilities may also include meeting rooms and eating and drinking
establishments as accessory uses.
11.1.148 "INDUSTRIAL AND COMMERCIAL SERVICE SUPPORT" means a development used for
industrial and commercial service support and construction. Typical uses include oilfield support
services, road construction, landscaping, concrete, electrical, excavation, drilling, heating and
plumbing or similar services of a construction nature which require on-site storage of materials,
equipment and vehicles associated with the contract business. Any sales, display, office or
technical support service areas shall be accessory to the principal general contractor services
use.
11.1.149 "INDUSTRIAL HEMP" means a cannabis plant - or any part of the plan - in which the
concentration of THC is 0.3% w/w or less in the flowering heads and leaves, as defined in
Industrial Hemp Regulations, SOR/2018-145, as amended or replaced. This does not include
cannabis retail sales or cannabis production and distribution facility, or the outdoor cultivation or
industrial hemp.
11.1.150 "INDUSTRIAL HEMP PRODUCTION AND DISTRIBUTUON FACILITY" means the use of land,
buildings, or structures licensed and/or authorized to possess, sell, provide, ship, deliver,
transport, destroy, produce, export and/or import industrial hemp, including related research,
under the Industrial Hemp Regulations, SOR/2018-145, as amended, or replaced and where no
adverse environmental impact, including but not limited to noise, smoke, odour, dust, or
vibration, extends beyond the boundaries of the lot on which the facility is located. This does not
include cannabis retail sales or cannabis production and distribution facility, or the outdoor
cultivation of industrial hemp.
TOWN OF BRUDERHEIM
162
11.1.151 "INDUSTRIAL USE, HEAVY" means a development which would be considered to be a light or
a medium industrial use except that, in the opinion of the Development Authority, the
development may not be able to co-exist compatibly in proximity to other uses or population
concentrations due to: the potential for an adverse environmental impact beyond the immediate
site of the heavy industrial use; the potential for significant toxic or noxious by-products such as
air or water-born emissions; or the potential to emit significant noise, smoke, dust, odour,
vibration, etc., which may be offensive or hazardous to human health, safety or well-being.
Heavy industrial uses also include: the storage of toxic, flammable or explosive products in
significant quantities; rendering plants; and natural resource or agricultural product processing
plants, large scale cannabis production and distribution facilities, large scale industrial hemp
production and distribution facilities, or large-scale outdoor storage that is unsightly or visually
offensive. Heavy industrial uses do not include heavy petrochemical industrial uses. The Heavy
Industrial Use is not permitted within the Town of Bruderheim.
11.1.152 "INDUSTRIAL USE, HEAVY PETROCHEMICAL" means activities involved in the processing
and manufacturing of petrochemicals, including oil and gas refining, which, in the sole opinion of
the Development Authority, may emit a significant level of noise, smoke, dust, odour, vibration,
etc., and which may not be compatible with the surrounding land use. This does not include
industrial hemp production and distribution facilities or cannabis production distribution facilities.
The Heavy Petrochemical Industrial Use is not permitted within the Town of Bruderheim.
11.1.153 "INDUSTRIAL USE, LIGHT" means a development which, in the opinion of the Development
Authority, may be able to co-exist compatibly in proximity to other uses or population
concentrations. Light industrial uses are usually less capital intensive than heavy industrial uses
and may be more consumer-oriented than business-oriented. Light industrial uses often require
only a small amount of raw materials, area and power. For further clarification, light industrial
uses include developments where:
raw materials are processed; and/or
semi-finished or finished goods, products or equipment are manufactured and/or assembled;
and/or
materials, goods and equipment normally associated with industrial or commercial business
are cleaned, serviced, repaired, salvaged, and/or tested; and/or
goods and equipment associated with personal, or household use are cleaned, serviced,
and/or repaired; and/or
materials, goods and equipment are stored and/or transshipped; and/or
materials, goods and equipment are distributed and/or sold to institutions and/or industrial
and commercial businesses for their direct use and/or to general retail establishments and/or
other retail establishments for resale to individual customers; and/or
personnel are trained in all industrial operations; and/or
small scale cannabis production and distribution facilities; and/or
LAND USE BYLAW NO. 11-2026
163
small scale industrial hemp production and distribution facilities;
in such a manner, in the opinion of the Development Authority, that an adverse environmental
impact is not created beyond the immediate the interior of the buildings located on the site of the
light industrial use, which does not produce significant toxic or noxious by-products, and which is
compatible with other industrial and commercial uses in a concentrated setting. Light industrial
uses include motor vehicle body and paint shops, but do not include the preparation of food
and/or beverages for direct sale to the public.
Any indoor display, office, technical or administrative support areas or any retail sale operations
shall be accessory and subordinate to the light industrial use activities identified above. The floor
area devoted to such accessory activities shall not exceed a total of thirty-three percent (33%) of
the total floor area of the building or buildings devoted to the light industrial use, except that this
restriction shall not apply where, in the opinion of the Development Authority, a significant
portion of the industrial activity naturally and normally takes place out of doors.
11.1.154 "INDUSTRIAL USE, MEDIUM" means development which involves the manufacturing,
processing, fabrication, storage, transportation, distribution or wholesaling of goods and
services, where no adverse environmental impact (noise, smoke, odor, dust or vibration) takes
place beyond the boundaries of the lot on which the medium industry is located. For the purpose
of this Bylaw, dust refers to that which is produced as a result of the land use of the lot, rather
than that which is produced as a result of travelling to and from the lot.
Any indoor display, office, technical or administrative support areas or any retail sale operations
shall be accessory and subordinate to the light industrial use activities identified above. The floor
area devoted to such accessory activities shall not exceed a total of thirty- three percent (33%)
of the total floor area of the building or buildings devoted to the medium industrial use, except
that this restriction shall not apply where, in the opinion of the Development Authority, a
significant portion of the industrial activity naturally and normally takes place out. This use
includes medium scale cannabis production and distribution facilities and medium scale
industrial hemp production and distribution facilities.
11.1.155 "INDUSTRIAL VEHICLE AND EQUIPMENT SALES/RENTALS ESTABLISHMENT" means a
development where new or used heavy vehicles, machinery or mechanical equipment typically
used in building, roadway, pipeline, oilfield, and mining construction, manufacturing, assembling,
and processing operations and/or agricultural operations are sold or rented, together with
incidental maintenance services and sale of parts. Industrial vehicle and equipment sales/rental
establishments do not include truck and recreational vehicle sales/rental establishments or
automotive and minor recreational vehicles sales/rental establishments.
11.1.156 "INSTITUTIONAL USE" includes but is not limited to hospitals, public offices, educational
facilities, religious assemblies, libraries and senior citizen housing.
11.1.157 "INTENSIVE AGRICULTURE" see "AGRICULTURE, INTENSIVE"
TOWN OF BRUDERHEIM
164
11.1.158 "KENNEL" see "ANIMAL BREEDING AND/OR BOARDING FACILITY".
11.1.159 "LAND TITLES ACT" means the Land Titles Act, Chapter L-4, Revised Status of Alberta 2000,
as amended.
11.1.160 "LAND USE DISTRICT" means an area as shown in Section 10 of this Land Use Bylaw.
11.1.161 "LANDSCAPED AREA" means an area of land made attractive by the use of hard or soft
landscaping materials; however, it shall not include areas occupied by garbage containers,
storage, parking lots or driveways.
11.1.162 "LANDSCAPING" means lawns, trees, shrubs, ornamental plantings, fences, walks, or other
structures and materials used in modern landscape architecture.
11.1.163 "LANDSCAPING, HARD" means the use of non-vegetative material such as brick, stone, tile,
paving stone and gravel but excluding asphalt and monolithic concrete as part of a landscaped
area.
11.1.164 "LANDSCAPING, SOFT" means the use of vegetative material as part of a landscaped area.
11.1.165 "LANDSCAPING PLAN" means a scaled drawing illustrating a design for a landscaped area
which specifies the number, species, height and calliper of trees and shrubs, the colour and
texture of hard landscaping, areas of grass, edging details, cross sections and details of any
construction or features which contribute to the landscaping of a parcel.
11.1.166 "LANE" means a public thoroughfare which provides a secondary means of access to a parcel
or parcels, and which is registered in a land titles office.
11.1.167 "LIBRARY AND CULTURAL EXHIBIT" means a development where literary, artistic, municipal
and/or similar reference materials in the form of books, manuscripts, recordings and films are
stored, collected, available, and distributed for public use, viewing, or enjoyment; or a
development where works or objects of historical, scientific or artistic value are collected,
preserved and exhibited to the public. Libraries and cultural exhibits include libraries, museums,
and art galleries.
11.1.168 "LIVESTOCK" means livestock as defined in the Agricultural Operation Practices Act.
11.1.169 "LOADING SPACE" means a space provided on a site to accommodate a commercial vehicle
on a temporary basis for loading or unloading of goods and materials.
11.1.170 "LOT" means:
a quarter section,
a river lot, lake lot, or settlement lot shown on an official plan referred to in the Surveys Act
that is filed or lodged in a Land Titles Office,
LAND USE BYLAW NO. 11-2026
165
a part of a parcel of land described in a certificate of title if the boundaries of the part are
described in the certificate of title other than by reference to a legal subdivision, or
a part of a parcel of land described in a certificate of title if the boundaries of the part are
described in the certificate of title by reference to a plan of subdivision (see Figure 10).
Figure 10: Illustration of lot definitions: Corner Lot, Double Fronting Lot, and Interior Lot
11.1.171 "LOT, CORNER" means a lot with boundary lines on two separate roads or highways or a
single road or highway that curves at an angle of sixty (60) degrees or more at the subject lot.
For the purposes of this definition, a road or highway shall not include a lane (see Figure 10),
11.1.172 "LOT COVERAGE" means the percentage of the total horizontal area of a parcel that can be
built upon. In calculating the site coverage this includes the enclosed portion of any structure
located on the parcel, but does not include architectural features such as cantilevers, steps,
stairways or balconies.
11.1.173 "LOT, DOUBLE FRONTING" means a lot which abuts two roads (except alleys as defined in
the Traffic Safety Act, R.S.A. 2000, as amended), which are parallel or nearly parallel where
abutting the lot but does not include a Corner Lot (see Figure 9).
11.1.174 "LOT, INTERIOR" means a lot which abuts a road only on the front line (see Figure 10).
11.1.175 "LOT WIDTH" means the distance between the side parcel boundaries connecting points
located at the minimum required front yard measured along each side parcel boundary.
11.1.176 "MAIN BUILDING" means a building in which the main or principal use of the site is conducted.
11.1.177 "MAIN USE" means the primary purpose or purposes for which a building or lot is used.
TOWN OF BRUDERHEIM
166
11.1.178 "MAINTENANCE" means the upkeep of the physical form of any building which does not
require a permit pursuant to the Safety Codes Act. Maintenance will include painting, replacing
flooring, replacing roofing materials, but will not include any activity that will increase the
habitable floor area of any dwelling unit or the internal volume of any building.
11.1.179 "MANUFACTURING/PROCESSING FACILITY" means a facility in which the fabrication,
processing or assembly of goods and materials is conducted to produce items of enhanced
value and may include other accessory uses related to, or supportive of, the
manufacturing/processing operation such as offices, indoor and outdoor storage areas and
display areas.
11.1.180 "MANUFACTURED HOME" means a single or multiple section residential building containing
one dwelling unit that is normally equipped with wheels and chassis for transport to a site.
Manufactured homes must be constructed in full compliance with both the Canadian Standards
Association (CSA) Z-240 MH National Mobile Home Standard and the National Building Code -
Alberta Edition, bearing a prominently displaced CSA Z240MH Mobile Home label AND an
Alberta Municipal Affairs label that certifies compliance to the ABC. Notwithstanding the
requirement regarding labels, should a building not have a label, it can still be considered a
manufactured home for the purposes of this Bylaw should the inspection and upgrading
procedures outlined in Section 8.13 of this Bylaw be followed. A manufactured home is normally
constructed off-site and then transported to its site. Upon arriving at the site for location, apart
from incidental operations such as placement on a foundation and connection of utilities, it is
ready for year round use as a dwelling for one household. A manufactured home does not
include a modular home, park model trailer or a recreational vehicle.
11.1.181 "MANUFACTURED HOME PARK" means a parcel comprehensively designed, developed,
operated and maintained to provide individual sites, which are not registered with Alberta Land
Titles, and facilities for the placement and occupancy of manufactured homes on a long-term
basis.
11.1.182 "MANUFACTURED HOME PARK OFFICE" means a facility providing for the administration,
management or direction of the manufactured home park and may include supplementary retail
convenience sales that specifically service the manufactured home park.
11.1.183 "MANUFACTURED HOME SUBDIVISION" means the planned division of a parcel of land into
one or more smaller parcels, each of which is individually registered with the Alberta Land Titles
Office, for the sole purpose of placing a manufactured home and accessory structures on each
separately registered parcel.
11.1.184 "MAY" is an operative word meaning a choice is available, with no particular direction or
guidance intended.
LAND USE BYLAW NO. 11-2026
167
11.1.185 "MEDICAL CANNABIS CLINIC" means any business or enterprise, whether or not operated for
profit, intended to serve as a means of distributing or providing cannabis for medical purposes
as defined by provincial or federal legislation.
11.1.186 "MICROBREWERY" means the manufacturing of beer, wine, spirits or other alcoholic
beverages. This use may include the sale of alcoholic beverages to the public for consumption
with the premises. Retail sales of alcoholic beverages for consumption off-site shall be limited to
alcoholic beverages that are manufactured on-site. Accessory activities may include the storage,
packaging, bottling, canning and shipping of products manufactured within the premises, and
may include an eating and drinking establishment. This use does not include entertainment
establishment.
11.1.187 "MIXED USE DEVELOPMENT" means a building designed for more than one land use, which
are listed as uses within the same land use district, on the same site, such as residential and
retail development, residential, office and retail development and office warehouse development.
11.1.188 "MOBILE HOME" see "MANUFACTURED HOME"
11.1.189 "MODULAR HOME" means a factory built or prefabricated residential building or sections of a
residential building that does/do not require chassis, running gear or wheels for transport to a
site. Sections of the building may be stacked side by side or vertically to form one or more
complete unit(s) placed on a permanent foundation for year round occupancy. A modular home
does not include a manufactured home.
11.1.190 "MOTEL" means a development where members of the travelling public are lodged for brief
periods of time, normally not exceeding twenty-one (21) days, in rentable units, and where
access to each of the rentable units is individually available from grade, either at grade or via
stairways. A motel may include minor eating and drinking establishments and convenience retail
stores, but shall not include a liquor store, an entertainment establishment, or an establishment
where there is a dance floor.
11.1.191 "MUNICIPAL DEVELOPMENT PLAN" means a plan adopted by the Council as a Municipal
Development Plan pursuant to the Municipal Government Act.
11.1.192 "MUNICIPAL PLANNING COMMISSION" means the Municipal Planning Commission which
may be appointed pursuant to Town's Municipal Planning Commission Bylaw and the Municipal
Government Act.
11.1.193 "MUNICIPAL SERVICE FACILITY" means a building or parcel at which the municipality
maintains and/or stores equipment used to provide services to the public and may contain
offices to administer such services. It does not include Government Services.
11.1.194 "MUNICIPALITY" means Town of Bruderheim.
TOWN OF BRUDERHEIM
168
11.1.195 "MUST" is an operative word, which means, similarly to the word shall, that an action is
imperative or mandatory.
11.1.196 "NATURAL ENVIRONMENTAL PRESERVE" means an environmentally sensitive or locally
significant natural area which is undeveloped except for trails and associated minor recreation
facilities.
11.1.197 "NEIGHBOURHOOD COMMERCIAL DEVELOPMENT" means a development where goods
and services required by area residents or employees on a day to day basis are provided,
bought or sold. The gross leasable area of a neighbourhood commercial development shall not
exceed 275.0 m2 (2,960 ft2). Neighbourhood commercial developments include small food
stores, drug stores, and variety stores selling confectionary, tobacco, groceries, beverages,
pharmaceutical and personal care items, hardware, and/or printed matter as well as small
personal service shops. This use does not include cannabis retail sales.
11.1.198 "NON-CONFORMING BUILDING" means a building
that is lawfully constructed or lawfully under construction at the date a Land Use Bylaw
affecting the building or the land on which the building is situated becomes effective, and
that on the date this Land Use Bylaw or any amendment thereof becomes effective does
not, or when constructed will not, comply with this Land Use Bylaw.
11.1.199 "NON-CONFORMING USE" 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 this Land Use Bylaw or any amendment thereof becomes effective does
not, or in the case of a building under construction will not, comply with this Land Use Bylaw.
11.1.200 "NUISANCE" means any act or deed, or omission, or thing, which is or could reasonably be
expected to be annoying, or troublesome, or destructive or harmful, or inconvenient, or injurious
to another person and/or their property, or anything troublesome or bothersome to other people
for which complaints are received either by the Municipality's office or the Royal Canadian
Mounted Police, whether or not such act or deed or omission or thing constitutes nuisance at
common law.
11.1.201 "OBNOXIOUS" means; when used with reference to a development; a use which may by its
nature, or from the manner of carrying on the same, create noise, vibration, smoke, dust or other
particulate matter, odour, toxic or non-toxic matter, radiation, fire, or explosive hazard, heat,
humidity, glare, or unsightly storage of goods, materials, salvage, junk, waste or other materials,
which in the opinion of the Development Authority, may be or may become a nuisance, or which
adversely affects the amenities of the neighbourhood, or interferes with the normal enjoyment of
any land, building or development.
LAND USE BYLAW NO. 11-2026
169
11.1.202 "OCCUPANCY" means the use or intended use of a building or part thereof for the shelter or
support of persons or property.
11.1.203 "OCCUPANT" means any person occupying or having control over the condition of any property
and the activities conducted on any property, be such person the owner, lessee, tenant or agent
of the owner or whether such person resides thereon or conducts a business thereon.
11.1.204 "OFF-STREET" means, when used as an adjective, that the defined thing is not located on a
road or highway, but rather a lot, and, further, that it is not directly accessory to a particular use
or development on a lot.
11.1.205 "OFFENSIVE" see "OBNOXIOUS"
11.1.206 "OFFICE USE" means a development where government, professional, management,
administrative, consulting, and financial services may be provided. Office uses include the
offices of lawyers, accountants, engineers, architects, and realtors. Office uses also include
insurance firms; clerical, secretarial, employment and telephone answering and similar office
support services; banks, credit unions, loan offices and similar financial institutions; the offices of
governmental and public agencies.
11.1.207 "OILFIELD SUPPORT" means a development that provides cleaning, repairing, servicing or
testing of goods, materials and equipment normally associated with the oil and gas industry and
may include the storage and transshipping of such materials, goods and equipment, excluding
petrochemical products and supplies. This definition applies to oil and gas support operations,
including but not limited to, seismic and surveying, well servicing, oilfield haulers, pipeline
contractors and welding operations.
11.1.208 "OPEN SPACE" means land and water areas which are retained in an essentially undeveloped
state and often serve one or more of the following uses: conservation of resources; ecological
protection; recreation purposes; historic or scenic purposes; enhancement of community values
and safety; maintenance of future land use options.
11.1.209 "OUTDOOR AMUSEMENT ESTABLISHMENT" see "AMUSEMENT ESTABLISHMENT,
OUTDOOR".
11.1.210 "OUTDOOR STORAGE FACILITY" means land and/or buildings designed for the storage of
goods, materials or equipment and may include the distribution and collection of such goods,
materials or equipment, excluding dangerous or hazardous goods or materials
11.1.211 "OWNER" means:
the person who is registered under the Land Titles Act as the owner of the fee simple estate
in the land and, in respect of any property other than land, the person in lawful possession of
it; or
TOWN OF BRUDERHEIM
170
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.
11.1.212 "PARCEL OF LAND" see "LOT".
11.1.213 "PARCEL, CORNER" see "LOT, CORNER".
11.1.214 "PARCEL COVERAGE" see "LOT COVERAGE".
11.1.215 "PARCEL, INTERIOR" see "LOT, INTERIOR".
11.1.216 "PARCEL, DOUBLE FRONTING" see "LOT, DOUBLE FRONTING".
11.1.217 "PARCEL WIDTH" see "LOT WIDTH".
11.1.218 "PARK" see "PUBLIC PARK"
11.1.219 "PARK MODEL TRAILER" means a recreational unit that meets that meets the CAN/CSA-Z241
"Park Model Trailer" criteria:
it is built on a single chassis mounted on wheels;
it is designed to facilitate relocation from time to time;
it is designed as living quarters for seasonal camping and may be connected to those
utilities necessary for operation of installed fixtures and appliances; and
it has a gross floor area, not exceeding 50 square meters (538 square feet) when in the set-
up mode, and has a width greater than 2.6 meters (8-feet, 6-inches) in the transit mode, and
prohibits lofts
For the purposes of this Bylaw, park model trailers are not allowed in any District within this Land
Use Bylaw unless either recreational vehicles or recreational vehicle parks are listed as a
permitted or a discretionary use within the District, and, further, that a park model trailer has
been specifically identified and approved by the Development Authority within an approved
development permit. As well, park model trailers shall not be used as dwellings within the
municipality. T
11.1.220 "PARKING AREA" means the area set aside for the storage and/or parking of vehicles.
Components of parking areas include parking spaces, loading spaces, aisles, entrances and
exits to the parking area, and traffic islands where they are part of the parking area. A parking
area may be within a building.
11.1.221 "PARKING FACILITY" means the area set aside for the storage and parking of vehicles and
includes parking stalls, loading spaces, aisles, entrances and exits to the area, and traffic islands
where they are part of the parking lot.
LAND USE BYLAW NO. 11-2026
171
11.1.222 "PARKING LOT" means a parking area which is located on a lot and not accessory to a
particular use or development.
11.1.223 "PARKING SPACE" means an area set aside for the parking of one (1) vehicle.
11.1.224 "PATIO" means an at grade structure without a roof or walls which is intended as an outdoor
amenity area.
11.1.225 "PERMANENT FOUNDATION" means any foundation that meets the requirements of the
National Building Code - 2023 Alberta Addition, as amended.
11.1.226 "PERMITTED USE" means the use of land or a building provided for in a land use Bylaw for
which a development permit shall be issued upon application having been made, provided that
all of the regulations of this Bylaw, and all of the matters left to the discretion or the satisfaction
of the Development Authority, have been satisfied to the satisfaction of the Development
Authority.
11.1.227 "PERSONAL SERVICE FACILITY" means a facility used for the provision of a service to
individuals on a commercial basis and includes such services as photographers, travel agencies,
beauty salons, massage services, dry cleaners, including their associated offices.
11.1.228 "PET GROOMING FACILITY" means an establishment where the primary service provided is
the cleaning and grooming of domestic pets including bathing, brushing, combing, nail and hair
trimming, etc. and where there are no boarding facilities. The facility may also provide services
such as obedience classes, training, or behavioural counselling.
11.1.229 "PLACES OF WORSHIP" means development owned by a religious organization used for
worship and related religious, philanthropic, or social activities including rectories, manses,
classrooms, dormitories and accessory buildings. Typical uses include churches, chapels,
mosques, temples, synagogues, parish-halls, convents and monasteries.
11.1.230 "PRINCIPAL BUILDING" means a building that, in the opinion of the Development Authority, is
utilized for the main purpose for which the building was constructed on the parcel.
11.1.231 "PRIVATE CLUB" means a development used for the meeting, social or recreational activities
of members of a non-profit philanthropic, social service, athletic, business or fraternal
organization, with neither on-site dwellings nor hotel or motel rentable units. Private clubs may
include eating and drinking establishments and rooms for assembly but does not include a
cannabis lounge.
TOWN OF BRUDERHEIM
172
11.1.232 "PROFESSIONAL, FINANCIAL, OFFICE AND BUSINESS SUPPORT SERVICE" means
development primarily used for the provision of professional, management, administrative,
consulting, and financial services. Typical uses include the offices of lawyers, accountants,
engineers, planners, doctors and architects, as well as offices for real estate and insurance
firms, clerical, secretarial, employment, telephone answering, and similar office support services.
Additional uses also include banks, credit unions, loan offices, printing establishments, film
processing establishments, janitorial firms and business equipment repair shops.
11.1.233 "PROTECTIVE AND EMERGENCY SERVICES" means a development where the
administration of the protection of persons and property from injury, harm or damage takes
place, and where the equipment necessary for such activities is stored, maintained, and
supplied. Protective and emergency services include police stations, detention centres, fire
stations, and accessory training facilities.
11.1.234 "PUBLIC EDUCATION FACILITY" means a development where educational, training, or
instruction occurs under the auspices of a School Division or under the auspices of an
organization authorized by the Province to provide education similar to that which would be
provided by a School Division. Public education facilities include the administration offices,
storage, and maintenance operations of the School Division. Public education facilities include
public and separate schools, community colleges, universities, technical and vocational schools,
and private academies or "charter schools", and their administrative offices and maintenance
facilities.
11.1.235 "PUBLIC OR QUASI-PUBLIC BUILDING" means a building which is owned or leased by a
department or agency of the federal or provincial government, or the Municipality for purposes of
public administration and services and shall also include a building for the purpose of assembly,
instruction, culture or enlightenment, or for community activities.
11.1.236 "PUBLIC OR QUASI-PUBLIC USE" means a use by a department or agency of the federal or
provincial government, or the Municipality, for public administration and services and shall also
include uses for the purpose of assembly, instruction, culture or enlightenment, or for community
related activities.
11.1.237 "PUBLIC PARK" means a development designed or reserved for active or passive recreational
use, including all natural and man-made open space and landscaping, facilities, playing fields,
and buildings that are consistent with the general purposes of recreation, whether or not such
recreational facilities are publicly operated or operated by other organizations pursuant to
arrangements with the public authority owning the public park. Public parks include tot lots, band
shells, picnic grounds, pedestrian trails and paths, landscaped buffers, playgrounds, water
features, baseball diamonds, football fields, soccer pitches, and similar outdoor sports fields.
11.1.238 "PUBLIC UTILITY" means a public utility as defined in the Municipal Government Act, except
that it shall not include landfills.
LAND USE BYLAW NO. 11-2026
173
11.1.239 "REAL PROPERTY REPORT" means a plan prepared by an Alberta Land Surveyor which
establishes dimensions of the boundaries of a parcel and the location of the improvements
thereon.
11.1.240 "REAR LINE" means the boundary line of a lot lying opposite to the front line of the lot and/or
farthest from a highway or road.
11.1.241 "REAR YARD" see "YARD, REAR"
11.1.242 "RECREATION, INDOOR" means facilities within an enclosed building for sports, active
recreation, and performing and cultural arts where patrons are predominantly participants.
Typical uses include but are not limited to arenas, athletic clubs, health and fitness clubs,
gymnasiums, swimming pools, rifle and pistol ranges, bowling alleys, and racquet clubs.
11.1.243 "RECREATION, OUTDOOR" means lands used for recreational activities, for profit or not,
which are predominately conducted outdoors, and which utilize tracts of land and may or may
not require facilities or structures. Typical uses include cross-country ski trails, walking or cycling
paths, ski hills, sports fields and playgrounds. A golf course is a separate use.
11.1.244 "RECREATIONAL VEHICLE" means a portable structure designed and built to be carried on a
vehicle, or a unit designed and built to be transported on its own wheels to provide temporary
living accommodation for travel and recreational purposes and includes, but is not limited to,
such vehicles as a motor home, a camper, a holiday travel trailer and a tent trailer. It does not
include a manufactured home as defined in this Bylaw.
11.1.245 "RECREATIONAL VEHICLE STORAGE" means a development which provides fenced or
indoor, secure, on-site storage of two (2) or more recreational vehicles.
11.1.246 "RECYCLING DEPOT" means a development where bottles, cans, newspapers, and similar
non-hazardous household goods are bought, sold, and temporarily stored for reuse and where
all storage is contained within an enclosed building or an enclosed compound.
11.1.247 "RECYCLING FACILITY" means a 'facility used to recycle', as defined in the Environmental
Protection and Enhancement Act, RSA 2000, c. E-12, as amended, and excludes the processing
of hazardous recyclables as that term is defined in the Waste Control Regulation.
11.1.248 "REGISTERED OWNER" means:
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
In the case of any other land:
TOWN OF BRUDERHEIM
174
i.
The purchaser of the fee simple estate in the land under an agreement for sale that is
the subject of a caveat registered against the certificate of title in the land and any
assignee of the purchaser's interest that is the subject of a caveat registered against the
certificate of title; or
ii. In the absence of a person described in paragraph (i), the person registered under the
Land Titles Act as the owner of the fee simple estate in the land.
11.1.249 "RELOCATED BUILDING" means a building that was constructed off-site in one piece or in
pieces and relocated to another site but does not include manufactured homes.
11.1.250 "RENOVATION" means an addition to, deletion from, or change to any building which does not
require a permit other than a plumbing permit or an electrical permit pursuant to the Safety
Codes Act.
11.1.251 "RENTABLE UNIT" means a separate unit of a hotel or motel used or intended to be used for
the temporary accommodation of one or more person.
11.1.252 "RESIDENTIAL" means any building or structure, or portion thereof, used exclusively or
primarily for human habitation and includes multiple dwellings, apartments, lodging, and
boarding/lodging houses, and (unless more closely defined for the purposes of one or more
sections of the Bylaw) includes manufactured and modular homes.
11.1.253 "RESIDENTIAL USE" includes the occupation and use of land and buildings by and as
dwellings, whether on a seasonal or year-round basis.
11.1.254 "RESTAURANT" means an establishment for the preparation and sale of food for consumption
on the premises and may include takeout food service and entertainment, excluding adult
entertainment, and may or may not include the sale of alcoholic beverages when minors are
present during hours of operation.
11.1.255 "RETAIL, ALCOHOL SALES" see "ALCOHOL RETAIL SALES"
11.1.256 "RETAIL, CONVENIENCE" means the sale of those goods required by all residents or
employees on a day to day basis, from a business premise that does not exceed 275 m2 (2,960
ft2) in gross floor area. Typical uses include small food stores, drug stores, video sales or
rentals, and variety stores selling confectionery, tobacco, groceries, beverages,
pharmaceuticals, personal care items, or printed matter. Retail convenience does not include
cannabis retail sales.
11.1.257 "RETAIL, GENERAL" means the retail sale of groceries, beverages, household goods,
furniture, appliances, hardware, printed matter, confectionery, tobacco, pharmaceutical and
personal care items, automotive parts and accessories, office equipment, stationary, video sales
and rentals and similar goods within an enclosed building. Minor government services such as
postal services are permitted within general retail stores. This use excludes warehouse sales
establishments and cannabis retail sales.
LAND USE BYLAW NO. 11-2026
175
11.1.258 "ROAD" means land shown as a road on a plan of survey that has been filed or registered in a
Land Titles Office or used as a public road and includes a bridge forming part of a public road
and any structure incidental to a public road but does not include a highway or a lane.
11.1.259 "ROOF" means the top of any enclosure, above or within the vertical walls of a building.
11.1.260 "ROW HOUSING" see "DWELLING, ROW HOUSING".
11.1.261 "SATELLITE DISH" a dish shaped apparatus used for the reception of satellite transmitted
television or radio waves. If it is free standing, it is considered an accessory structure. If it is
attached to a principal building, it is considered part of that structure.
11.1.262 "SCHOOL" see "PUBLIC EDUCATION FACILITY".
11.1.263 "SCREEN OR SCREENING" means a fence, wall, berm, hedge or other barrier providing visual
and/or acoustic separation of sites.
11.1.264 "SECONDARY SUITE" see "SUITE, SECONDARY".
11.1.265 "SERVICE STATION" means a building or a portion thereof for the servicing and light repair of
motor vehicles and includes the sale of fuel, oils and other accessories for motor vehicles and
may include the accessory sales of convenience retail items. A service station does not include
automotive sales or body repair.
11.1.266 "SETBACK" means the distance between the closest part of a building and the front, side, or
rear property line of the lot, measured at right angles to that property line.
11.1.267 "SHALL" is an operative word which means the action is obligatory.
11.1.268 "SHED" means a building to be used for storage.
11.1.269 "SHIPPING CONTAINER" means a container, including a sea/land/rail shipping container,
which is used as a storage vault. A shipping container shall only be allowed on a lot and use as
an accessory building and/or use to a main building or use. A shipping container shall not be
used for a dwelling or any part of a dwelling; and, notwithstanding any other provision of this
Bylaw to the contrary, not attached, in any way, to a main building.
11.1.270 "SHOULD" is an operative word which means that, in order to achieve local goals and
objectives it is strongly advised that the action be taken. Exceptions shall be made only under
extenuating circumstances.
TOWN OF BRUDERHEIM
176
11.1.271 "SHOW HOME" means a dwelling unit which is used temporarily for the purpose of illustrating
to the public the type and character of dwelling units to be constructed in other parts of the
municipality. Show homes may contain offices for the sale of other lots or dwelling units in the
municipality and must be located within a dwelling which is either a permitted or a discretionary
use in the District in which they are located.
11.1.272 "SIDE YARD" see "YARD, SIDE"
11.1.273 "SIGN" means any word, letter, model, picture, symbol, device or representation used as, or
which is in the nature of, wholly or in part, an advertisement, announcement or direction. Any
structure, or portion thereof, which is used primarily to carry, hold, maintain, support or sustain a
sign is construed as being part of the sign, and except as provided for in this Bylaw, is subject to
all regulations governing signs.
11.1.274 "SIGN AREA" means the total surface area within the outer periphery of the said sign, and in
the case of a sign comprised of individual letters or symbols shall be calculated as the area of a
rectangle enclosing the letters or symbols. Frames and structural members not bearing
advertising matter shall not be included in computation of surface area.
11.1.275 "SIGN, A-FRAME" means a type of self-supporting sign commonly referred to as "sandwich
boards", composed of two hinged or otherwise joined boards which leans on the ground.
11.1.276 "SIGN, BILLBOARD" means a structure, primarily self-supporting, which is used for the display
of general advertising, the subject matter of which is not necessarily related to the use or
ownership of the property on which the structure is located.
11.1.277 "SIGN, CANOPY" means a sign which is part of or attached to the outside edge of a canopy,
but which does not extend below the bottom edge or surface of the canopy.
11.1.278 "SIGN, FASCIA" means a sign attached to or placed flat against an exterior vertical surface of a
building, and projects no more than 0.3 m (12.0") from the surface of the building and does not
project above the roof or parapet. Fascia signs are also called wall signs.
11.1.279 "SIGN, FREESTANDING" means a sign supported by one or more uprights, braces or pylons,
and stands independently of another structure.
11.1.280 "SIGN, INFLATABLE" means a sign made of flexible material or fabric that is made to take on a
three-dimensional shape (to blow up like a balloon) when filled with a sufficient volume of air or
gas. Commonly used as a temporary sign for special events or promotions.
11.1.281 "SIGN, OFF-SITE" means a sign that advertises goods, products, services or facilities not
available on the site where the sign is located, and which may also direct persons to another
location.
LAND USE BYLAW NO. 11-2026
177
11.1.282 "SIGN, PORTABLE" means a sign, excluding A-frame and temporary signs, on a standard or
column fixed to its own self- contained base that can be moved from one site to another.
11.1.283 "SIGN, PROJECTING" means a sign affixed to a building or part thereof and extending beyond
the building by more than 0.3 m (1.0 ft). This does not include a sign attached to the ground.
11.1.284 "SIGN, ROOF" means a sign placed on, against or directly above the roof of a building or the
top of a parapet wall.
11.1.285 "SIGN, TEMPORARY" means a sign or banner that is not permanently installed or affixed for
the purpose of advertising a product.
11.1.286 "SIGN, UNDER-CANOPY" means a sign which is attached to the bottom surface or edge of a
canopy.
11.1.287 "SIGNIFICANT" means a use which in the opinion of the Subdivision Authority or the
Development Authority may impact regional or sub-regional servicing or infrastructure.
11.1.288 "SIMILAR USE" means a use which, in the opinion of the Development Authority, closely
resembles another specified use with respect to the type of activity, structure and its
compatibility with the surrounding environment.
11.1.289 "SINGLE DETACHED DWELLING" see "DWELLING, DETACHED".
11.1.290 "SITE" means one or more parcels for which an application is being made, and may include
streets, lanes, walkways, and any and any other surface upon which development is proposed.
11.1.291 "SMALL RADIO COMMUNICATIONS TOWER" means a development that is intended for
transmitting or receiving radio communications signals from devices such as ham radios, fleet
dispatch systems, or private communications systems. Typical small radio communications
towers are short, usually no more than 3 m (9.8 ft.) taller than the adjacent buildings.
11.1.292 "SOCIAL CARE HOME, MAJOR" means the use of one dwelling unit as a care facility licensed
by the Provincial authority to provide room and board for more than six (6) residents with
physical, mental, social, or behavioural problems that require professional care, counselling,
guidance and supervision. The character of the use is that the occupants live together as a
single housekeeping unit and use a common kitchen. This use does not include assisted care
housing.
TOWN OF BRUDERHEIM
178
11.1.293 "SOCIAL CARE HOME, MINOR" means the use of one dwelling unit as a care facility licensed
by the Provincial authority to provide room and board for not more than six (6) residents with
physical, mental, social, or behavioural problems that require professional care, counselling,
guidance and supervision. The minor social care/group home may include any combination of
staff, residents requiring care and residents not requiring care to a maximum of six (6). The
character of the use is that the occupants live together as a single housekeeping unit and use a
common kitchen. This use does not include assisted care housing.
11.1.294 "SOLAR ENERGY COLLECTION SYSTEM" means the complete system required to convert
solar rays into useable electricity for private use, including solar panels, mounting equipment
and additional required conversion electronics.
11.1.295 "STALL" means an area of land upon which a manufactured home is to be located, and which
is reserved for the exclusive use of the residents of that particular manufactured home, located
within a manufactured home park.
11.1.296 "STOREY" means the space between one floor of a multi-storey building and the next floor
above it. The upper limit of the top storey shall be the ceiling above the topmost floor. A
basement shall not be considered a storey.
11.1.297 "STRUCTURAL ALTERATIONS" means the addition to, deletion from, or change to any
building which requires a permit other than a plumbing permit or an electrical permit pursuant to
the Safety Codes Act.
11.1.298 "SUBDIVISION AND DEVELOPMENT APPEAL BOARD" means a Subdivision and
Development Appeal Board appointed pursuant to Town's Subdivision and Development Appeal
Board Bylaw and the Municipal Government Act.
11.1.299 "SUBDIVISION AND DEVELOPMENT REGULATION" means the Subdivision and
Development Regulation, as amended.
11.1.300 "SUBDIVISION AUTHORITY" means the Subdivision Authority established pursuant to the
Municipal Government Act through the municipality's Subdivision Authority Bylaw and the
Municipal Government Act.
11.1.301 "SUBSTANDARD LOT" means any lot which is smaller, in area or in any dimension, than the
minimum area or dimension stipulated in the regulations of the District in which the lot is located.
11.1.302 "SUITE, GARAGE" means a self-contained dwelling unit located above a detached garage
which is located in a rear yard, and which is accessory to a single detached dwelling. Garage
suites have an entrance which is separated from the vehicle entrance to the detached garage,
either from a common indoor landing or directly from the exterior of the building. Suites cannot
be subdivided to become a separately owned parcel.
LAND USE BYLAW NO. 11-2026
179
11.1.303 "SUITE, GARDEN" means detached dwelling unit, located on a lot containing an existing single
detached dwelling. Suites cannot be subdivided to become a separately owned parcel.
11.1.304 "SUITE, IN-LAW" means an additional dwelling unit intended for the sole occupancy of one (1)
or two (2) adult persons, which has access to the adjoin dwelling unit. The floor area of the in-
law suite shall not exceed thirty percent (30%) of the existing living area of the primary dwelling
unit or 80 m2 (861.1 ft2) in floor area on a residential lot, whichever is the lesser. Suites cannot
be subdivided to become a separately owned parcel.
11.1.305 "SUITE, SECONDARY" means a self-contained dwelling unit, clearly secondary in size to the
main dwelling unit within a dwelling, which may or may not share access to the outside and/or
other facilities with the main dwelling unit. Suites cannot be subdivided to become a separately
owned parcel
11.1.306 "SUITE, SURVEILLANCE" means a dwelling unit used to accommodate a person or persons
whose function is to provide surveillance for the maintenance and security of the development
and does not include a manufactured home. Suites cannot be subdivided to become a
separately owned parcel.
11.1.307 "STREET" means a road other than a lane or a highway.
11.1.308 "SURVEILLANCE SUITE" see "SUITE, SURVEILLANCE".
11.1.309 "TEMPORARY DEVELOPMENT" means a development for which a development permit has
been issued, and which is to exist for a limited time only.
11.1.310 "TRUCKING AND CARTAGE ESTABLISHMENT" means a development where goods shipped
by truck are transferred from one truck to another, or where trucks are dispatched to pick up
and/or deliver goods. Trucking and cartage establishments may include dispatch offices or
storage compounds for the temporary storage of goods and include moving or cartage firms
involving vehicles with a gross vehicle weight of more than 3,000.0 kg (6,613.9 lbs.).
11.1.311 "UNIT" other than when referred to as a dwelling unit, means an area of land or a building
designated as a unit in a condominium plan.
11.1.312 "USE" means the purpose or activity for which a site, a parcel of land, or a lot and any buildings
located on it are designed, arranged, developed, or intended, or for which it is occupied or
maintained.
11.1.313 "VEHICLE REPAIR ESTABLISHMENT" means development used for the servicing and
mechanical repair of automobiles, motorcycles, snowmobiles, recreational vehicles, and trucks,
including the sale, installation or servicing of related accessories and parts. This use class
includes transmission shops, muffler shops, tire shops, automotive glass shops, upholsterer
shops, and body repair and/or paint shops.
TOWN OF BRUDERHEIM
180
11.1.314 "UTILITY" see "PUBLIC UTILITY"
11.1.315 "VETERINARY CLINIC" means a facility for the medical care and treatment of animals, not
including large animals such as livestock. This includes provision for their overnight
accommodation, but does not include kennels, outdoor pens, runs or enclosures. A Veterinary
Clinic does not include an animal hospital.
11.1.316 "WAREHOUSE" means a facility where a range of goods are displayed and/ or stored.
11.1.317 "WAREHOUSE SALES ESTABLISHMENT" means a development where goods are sold from
within an enclosed building where the size and nature of the principal goods being sold typically
require large floor areas for direct display to the purchaser or consumer. Warehouse sales
establishments include furniture stores, carpet stores, major appliance stores, and building
materials stores.
11.1.318 "WIND ENERGY CONVERSION SYSTEM, LARGE" means a system of one or more buildings
designed to convert wind energy into mechanical or electrical energy and which has a rated
capacity equal to or greater than 300 Kw.
11.1.319 "WIND ENERGY CONVERSION SYSTEM, MICRO" means a small-scale wind turbine, which is
small is height and diameter and can be installed on the roof of a building or structure. The micro
energy conversion system is designed to covert wind energy into mechanical or electrical energy
which has a rated capacity of less than 0.5 kW.
11.1.320 "WIND ENERGY CONVERSION SYSTEM, SMALL" means to a wind energy conversion
system (WECS) consisting of a wind turbine, a tower, and associated control or conversion
electronics, which has a rated capacity of not more than 300 kW, and which is intended to
provide electrical power for use on-site (either behind the meter or off-grid) and is not intended
or used to produce power for resale.
11.1.321 "WIND TURBINE TOWER" refers to the guyed or freestanding structure that supports a wind
turbine generator.
11.1.322 "WIND TURBINE TOWER HEIGHT" The height above grade of the fixed portion of the wind
turbine tower, excluding the wind turbine and rotor.
11.1.323 "WIRELESS COMMUNICATIONS FACILITY" means a facility that provides communication
service using radio frequency technology to transmit and receive voice, picture, text and data, in
either digital or analogue form, on a system of elevating support structures. These structures
include monopoles, lattice towers (self-supported or guyed) or other configurations as well as,
although not limited to, shelters, transmitters, receivers, antennas, antenna mounts,
transmission lines, waveguides, transmission line supporting equipment and material,
aeronautical obstruction lights, antenna deicing equipment, antenna power dividers and
matching equipment, combiners and utility power equipment, conditioners and backup power
systems.
LAND USE BYLAW NO. 11-2026
181
11.1.324 "YARD" means a part of a parcel upon or over which no building is to be erected unless
otherwise provided for in this Bylaw.
11.1.325 "YARD, FRONT" means a yard extending across the full width of a parcel from the front lot line
to the front wall of the main building situated on the parcel.
11.1.326 "YARD, REAR" means a yard extending across the full width of a lot from the rear wall of the
main building situated on the lot, to the rear lot line.
11.1.327 "YARD, SIDE" means the portion of the site extending from the front yard to the rear yard and
lying between the side lot line of the site and the nearest portion of the exterior wall of the
building.
All other words and expressions have the meanings respectively assigned to them in the
Municipal Government Act, as amended.
TOWN OF BRUDERHEIM
182
12 LAND USE DISTRICT MAP
LAND USE BYLAW NO. 11-2026
183
Map 1 - Town of Bruderheim Land Use Bylaw Map
TOWN OF BRUDERHEIM
184
LAND USE BYLAW NO. 11-2026
185