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in the Province of Alberta
LAND USE BYLAW NO. 762.2021
May 2021
Consolidated to Bylaw No. 878.2026, August 2026
Prepared by
CARDSTON COUNTY
IN THE PROVINCE OF ALBERTA
BYLAW NO. 762.202r
BEING a bylaw of Cardston County in the Province of Alberta, to adopt a new Land Use Bylaw;
WHEREAS the Council of Cardston County wishes to adopt a new Land Use Bylaw to comply
with the land use provisions established in the Municipol Government Act, Revised Statues of
Alberta 2000, Chapter M-26, as amended;
AND WHEREAS the Land Use Bylaw provides for the regulation of the use and development of
lands, building and structures with the municipality;
AND WHEREAS the purpose of the proposed bylaw is:
. To incorporate the mandatory changes required for land use bylaws prescribed in the
Municipol Government Act,
. To incorporate minor revisions,
. To incorporate an expanded number of land use definitions,
o To add additional land use schedules and appendices which will govern specific
developments in the municipality,
o To add more permitted uses;
NOW THEREFORE, under the authority and subject to the provision of the Municipol
Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as amended, the Council duly
assembled does hereby enact the following:
1. Bylaw No. 443/98, being the former Land Use Bylaw, and any amendments thereto are
hereby rescinded.
2
Bylaw No. 7 62.2O2L shall come into effect upon third and final reading thereof.
3. Bylaw No.762.2021is hereby adopted.
READ a first time this 25th day of January, 2021.
Reeve - Randy Bullock
Chief Administrat tve
cer - Murray Millward
Reeve - Randy Bullock
day ot---ilLf=--,
!,5rh
READ a third time and finally p15559 11t;5 {f S
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2027.
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Chief Administrat
cer - Murray Millward
of Nln
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Reeve - Randy Bullock
Chief Administrative Officer - Murray Millward
AND WHEREAS it is deemed expedient and appropriate for Cardston County to consider
Bylaw No. 762.2027 for the above-noted reasons;
READ a second time this
ll
Cardston County Land Use Bylaw No. 762.2021 Amendments - Page 1
Cardston County Land Use Bylaw No. 762.2021 - Amendments
Bylaw No.
Amendment Description
Legal Description
Passed
723.2019
Redesignation:
"Agricultural - AG" to "Group Country Residential - GCR"
Ptn. NE 32-6-21 W5M
9-Sept-2019
771.2021
Redesignation:
"Agricultural - AG" to "Rural Recreation - RR"
Ptn. NE 2-7-25 W4M
Ptn. SE 2-7-25 W4M
12-July-2021
772.2021
Redesignation:
"Agricultural - AG" to "Single Lot Country Residential - SCR"
Ptn. NW 8-3-25 W4M
12-July-2021
773.2021
Redesignation:
"Agricultural - AG" to "Single Lot Country Residential - SCR"
Ptn. LSD 9 within NE 11-5-27
W4M
12-July-2021
774.2021
Redesignation:
"Agricultural - AG" / "Direct Control - DC" to
"Rural Recreation - RR"
Ptn. SE 34-2-28 W4M;
Ptn. SW 35-2-28 W4M;
Ptn. NW 35-2-28 W4M;
Ptn. NE 34-2-28 W4M
12-July-2021
775.2021
Redesignation:
"Direct Control - DC" to
"Grouped Country Residential - GCR"
Ptn SW 15-2-28 W4M
Ptn SE 15-2-28 W4M
Consisting of 23 lots
9-Aug-2021
776.2021
Addition of new Land Use District - Grouped Country
Residential - 2 (GCR-2)
"Direct Control - (DC)" to
"Grouped Country Residential - 2 (GCR-2)"
Ptn SE 15-2-28 W4M
Consisting of 19 lots
13-Sept-2021
777.2021
Addition of "Auto Wreckers" Use in Rural Commercial /
Industrial 1 (RCI-1) Land Use District, with definition added to
Schedule 13 - Definitions
9-Aug-2021
778.2021
Addition of "Cabin" as a use to Rural Recreation (RR) and
Hamlet (H) Land Use Districts
9-Aug-2021
779.2021
Redesignation:
"Agriculture (AG)" to
"Rural Commercial / Industrial 1 (RCI-1)"
SW 15-4-25 W4M and
Ptn. NW 15-4-24 W4M
13-Sept-2021
780.2021
Redesignation:
"Agriculture (AG)" to "Single Lot Country Residential (SCR)"
Ptn. SW/SE 36-5-22 W4M
13-Sept-2021
782.2021
Redesignation:
"Agriculture (AG)" to "Single Lot Country Residential (SCR)"
Ptn. Lot 2, Block 1, Plan 9412212
12-Oct-2021
787.2021
Redesignation:
"Agriculture (AG)" to "Rural Commercial / Industrial 3 (RCI 3)"
AND
Addition of Land Use District
"Rural Commercial / Industrial 3 (RCI 3)
AND
Addition of Schedule 13 - "Liquor Regulation"
Block 1, Plan 0110722
10-Jan-2022
Cardston County Land Use Bylaw No. 762.2021 Amendments - Page 2
Bylaw No.
Amendment Description
Legal Description
Passed
788.2021
Redesignation:
"Agriculture (AG)" to "Single Lot Country Residential (SCR)"
AND
"Agriculture (AG)" to "Rural Small Holding (RSH)"
West Half of SW 29-5-21 W4M
14-Feb-2022
791.2022
Redesignation:
"Agriculture (AG)" to "Single Lot Country Residential (SCR)"
Ptn. Block 23, Plan 4180AL
14-Feb-2022
793.2022
Redesignation:
"Agriculture (AG)" to "Grouped Country Residential (GCR)"
North Half of SW 23-2-25 W4M
10-Mar-2022
794.2022
Redesignation:
"Agriculture (AG)" to "Rural Recreation (RR)"
Lot 3, Block 1, Plan 981 3501
28-Mar-2022
795.2022
Redesignation:
"Agriculture (AG)" to "Single Lot Country Residential (SCR)"
South Half of SE 18-6-2 W5M
10-Mar-2022
796.2022
Redesignation:
"Direct Control (DC)" to "Grouped Country Residential (GCR)"
Lots 1-5 & 9-13, Block 1, Plan
191 0181
Lots 1-8, Block 2, Plan 191 0181
Lots 1-3, Block 3, Plan 191 0181
Lots 1-5, Block 4, Plan 191 0181
Lots 1-2, Block 5, Plan 191 0181
Lots 4-5, Block 5, Plan 191 1158
Lots 8-18, Block 3, Plan 191 1190
Lot 14, Block 1, Plan 211 1283
28-Mar-2022
797.2022
Redesignation:
"Rural Small Holdings (RSH)" to "Agriculture (AG)"
Lot 2, Block 1, Plan 1010760
Within NE ¼ Sec 6, Twp 3, Rge
26, W4M
25-Apr-2022
799.2022
Redesignation:
"Agriculture (AG)" to "Rural Recreation (RR)"
Lot 5, Block 1, Plan 181108
Lot 6, Bock 1, Plan 1811111
13-June-2022
800.2022
Redesignation:
"Agriculture (AG)" to "Single Lot County Residential (SCR)"
Block Z, Plan 5652BD
13-June-2022
801.2022
Redesignation:
"Agriculture (AG)" to "Rural Small Holdings (RSH)"
NW 30-1-24 W4M
11-July-2022
807.2022
Addition of "Secondary suite" as a Permitted Use in the
Agriculture (AG) and Rural Small Holdings (RSH) land use
districts.
Addition of "Secondary suite" as a Discretionary Use in the
Grouped Country Residential (GCR), Grouped Country
Residential 2 (GCR-2), Hamlet (H), and Single Log Country
Residential (SCR) land use districts.
Addition of definition of "Secondary suites" to Schedule 14
Definitions.
7-Oct-2022
808.2022
Addition of Section 3.1 Use Criteria - Subdivision Restriction
to Schedule 2 Land Use Districts Regulations, Grouped
Country Residential - GCR Land Use District.
24-Oct-2022
809.2022
Redesignation:
"Single Lot County Residential" to "Rural Recreation (RR)"
Lot 1, Block 3, Plan 1014736
Within NW 18-1-26 W4M
9-Jan-2023
Cardston County Land Use Bylaw No. 762.2021 Amendments - Page 3
Bylaw No.
Amendment Description
Legal Description
Passed
810.2022
Redesignation:
"Agriculture (AG)" to "Single Lot Country Residential (SCR)"
Lot 2, Block 3, Plan 1011490
Lot 3, Block 3, Plan 1011490
14-Nov 2022
812.2023
Addition of Schedule 14 Campgrounds.
Amend Definitions from Schedule 14 to Schedule 15.
Amend Land Use District Maps from Schedule 15 to Schedule
16.
Addition of "Campground, 4-Season" to Schedule 15
Definitions
Addition of "4-Season Campground" as a Discretionary Use in
the Rural Recreation (RR) land use district.
10-Oct-2023
813.2023
Redesignation:
"Agriculture (AG)" to "Direct Control (DC)"
SE 4-3-25-W4M
Lot 4, Block 4, Plan 0811251
27-Feb-2023
815.2023
Redesignation:
"Agriculture (AG)" to "Single Lot Country Residential (SCR)"
Lot 1 in 13/14 NW 28-2-25-W4M
Lot 2 in 13/14 NW 28-2-25-W4M
24-Apr-2023
816.2023
Redesignation:
"Agriculture (AG)" to "Single Lot Country Residential (SCR)"
NW 1-5-27-W4M
11-Apr-2023
817.2023
Redesignation:
"Agriculture (AG)" to "Grouped Country Residential (GCR)"
NE 36-5-22-W4M
24-Apr-2023
821.2023
Redesignation:
"Agriculture (AG)" to "Grouped Country Residential (GCR)"
NW 5-3-25-W4M
14-Aug-2023
823.2023
Redesignation:
"Agriculture (AG)" to "Rural Commercial Industrial -1 (RCI-1)"
NW 33-2-25-W4M
14-Aug-2023
824.2023
Addition of "Vehicle and Equipment Rentals (Recreation) as a
Discretionary Use in the Rural Recreation (RR) Land Use
District.
Addition "Vehicle and Equipment Rentals (Recreation) to
Definitions Schedule.
Addition of "Commercial/Private Recreation" as a
Discretionary Use in the Rural Recreation (RR) Land Use
District.
Addition of "Commercial/Private Recreation" and "Vehicle
and Equipment Rentals (Recreation)" to Definitions Schedule.
27-Nov-2023
825.2023
Redesignation:
"Agriculture (AG)" to "Grouped Country Residential (GCR)"
SW 23-5-22-W4M
14-Nov-2023
830.2023
Redesignation:
"Agriculture (AG)" to "Single Lot Country Residential (SCR)"
SE 23-2-28-W4M
22-Jan-2024
831.2024
Redesignation:
"Agriculture (AG)" to "Rural Commercial Industrial - 3 (RCI-3)
Lot 1, Block V, Plan 1204JK
12-Feb-2024
832.2024
Redesignation:
"Agriculture (AG)" to "Single Lot Country Residential (SCR)
Legal Subdivision 2 and 7; 22-2-
25 W4M
12-Feb-2024
Cardston County Land Use Bylaw No. 762.2021 Amendments - Page 4
Bylaw No.
Amendment Description
Legal Description
Passed
834.2024
Redesignation:
"Agriculture (AG)" to "Grouped Country Residential (GCR)"
Plan 1611191, Block 3, Lot 1
22-Apr-2024
835.2024
Redesignation:
"Agriculture (AG)" to "Single Lot Country Residential (SCR)"
NW 12-2-27 W4M
13-May-2024
839.2024
Redesignation:
"Agriculture (AG)" to "Single Lot Country Residential (SCR)"
Portion of LS9 (NE) 33-2-25
W4M
12-Aug-2024
840.2024
Redesignation:
"Agriculture (AG)" to "Single Lot Country Residential (SCR)
10 acres from Plan 1411349,
Block 1, Lot 2 and 3
9-Sept-2024
Order in Council No. 359/2024
Dated December 4, 2024
Portion of the Northwest
Quarter of Section 25, Township
5, Range 22, West of the 4th
Merdian which lies between the
south 11 rods and the north 60
rods thereof.
1-Jan-2025
841.2024
Amend the definition of "Cabin".
Add "Cabin" as a Discretionary Use in the Grouped Country
Residential (GCR) land use district.
10-Feb-2025
843.2024
"Single Lot Country Residential (SCR)" to "Grouped Country
Residential (GCR)"
Lot 6, Block 1, Plan 0911954
15-Oct-2024
844.2024
"Agriculture (AG)" to "Rural Commercial Industrial - 1 (RCI-1)"
Plan RY41, Block RLY, Lot 5
28-Oct-2024
846.2024
"Agriculture (AG)" to "Rural Recreation (RR)
NW/NE 23-3-25 W4M
28-Oct-2024
847.2024
"Agriculture (AG)" to "Rural Commercial Industrial (RCI)"
NW-1-1-21-W4M
28-Oct-2024
Repealed by
850.2025
848.2025
"Agriculture (AG)" to "Grouped Country Residential (GCR)"
Block A, Plan 8710315
24-Feb-2025
850.2025
"Agriculture (AG)" to "Rural Commercial Industrial - 1 (RCI-1)"
NE 2-1-21-W4M
10-Mar-2025
855.2025
"Agriculture (AG)" to "Rural Small Holdings (RSH)"
Plan 1512239, Block 1, Lot 1
23-Jun-2025
856.2025
"Agriculture (AG)" to "Single Lot Country Residential (SCR)"
NW 16-6-21-W4M
11-Aug-2025
857-2025
"Agriculture (AG)" to "Single Lot Country Residential (SCR)"
"Agriculture (AG)" to "Rural Small Holdings (RSH)"
SW 29-5-21 W4M
11-Aug-2025
858.2025
Addition of "Shipping Container" as a Discretionary Use under
Single Lot Country Residential (SCR) land use district.
12-Jan-2026
860.2025
"Grouped Country Residential (GCR)" to "Rural Recreational
(RR)"
Lot 2, Block 2, Plan 1311536
14-Oct-2025
861.2025
"Agriculture (AG)" to "Single Lot Country Residential (SCR)"
Lot 1, Block 1, Descriptive Plan
1611993
14-Oct-2025
862.2025
"Agriculture (AG)" to "Single Lot Country Residential (SCR)"
Lot 4, Block 2, Descriptive Plan
1912538
14-Oct-2025
866.2025
Addition of "Shipping Container" as a Discretionary Use under
Rural Commercial Industrial (RCI-1) land use district.
12-Jan-2026
Cardston County Land Use Bylaw No. 762.2021 Amendments - Page 5
Bylaw No.
Amendment Description
Legal Description
Passed
868.2026
"Agriculture (AG)" to "Grouped Country Residential -1 (GCR-
1)"
Lot 1, Block 1, Plan 0413461
9-Mar-2026
870.2026
"Rural Commercial Industrial (RCI-1) to "Direct Control (DC)"
Plan RY41, Block RLY, Lot 5
13 / 14 36-5-22-W4M
13-Apr-2026
871.2026
"Agriculture (AG)" to "Rural Small Holdings (RSH)" and
"Grouped Country Residential (GCR)"
SW 23-5-22-W4M
25-May-2026
872.2026
Addition of Commercial Cabin Development to Schedule 15
Definitions.
Amend definition of Cabin.
Addition of Commercial Cabin Development as a Discretionary
Use in Hamlet (H) and Rural Recreation (RR) land use districts.
27-Apr-2026
873.2026
"Agriculture (AG)" to "Rural Small Holdings (RSH)" and "Single
Lot Country Residential (SCR)"
Lot 2, Block 1, Plan 0414296
25-May-2026
874.2026
"Agriculture (AG)" to "Grouped Country Residential (GCR)"
Lot 1, Block 1, Plan 9912467
Lot 3, Block 1, Plan 1511767
25-May-2026
876.2026
"Agriculture (AG)" to "Rural Small Holdings (RSH)"
Lot 1, Block 2, Plan 0915228
13-Jul-2026
877.2026
"Agriculture (AG)" to "Single Lot Country Residential (SCR)"
Lot 2, Block 1, Plan 0612762
10-Aug-2026
878.2026
"Agriculture (AG)" to "Single Lot Country Residential (SCR)"
SW 17-2-27-W4M
10-Aug-2026
TABLE OF CONTENTS
Page
ADMINISTRATION
1.
DEFINITIONS ................................................................................................... Administration | 1
2.
DESIGNATED OFFICER / DEVELOPMENT OFFICER ................................................................... | 1
3.
MUNICIPAL PLANNING COMMISSION ..................................................................................... | 2
4.
LAND USE DISTRICTS ............................................................................................................... | 2
5.
DEVELOPMENT PERMIT APPLICATIONS .................................................................................. | 2
6.
DETERMINATION OF COMPLETE DEVELOPMENT PERMIT APPLICATION ............................... | 3
7.
PERMITTED USE APPLICATIONS .............................................................................................. | 4
8.
DISCRETIONARY USE APPLICATIONS ....................................................................................... | 5
9.
NOTIFICATION ......................................................................................................................... | 5
10. NOTIFICATION OF DEVELOPMENT PERMIT ISSUED ................................................................ | 6
11. VALIDITY OF A DEVELOPMENT PERMIT ................................................................................... | 6
12. DEVELOPMENT AGREEMENTS ................................................................................................. | 6
13. ARCHITECTURAL CONTROLS .................................................................................................... | 7
14. REAPPLICATION ....................................................................................................................... | 7
15. APPEALS ................................................................................................................................... | 7
16. COMMENCEMENT OF DEVELOPMENT .................................................................................... | 7
17. TRANSFER OF DEVELOPMENT PERMIT .................................................................................... | 7
18. DEEMED REFUSAL / FAILURE TO RENDER DECISION ............................................................... | 8
19. NON-COMPLIANCE WITH LAND USE BYLAW / WAIVERS ........................................................ | 8
20. ADDITIONAL CONDITIONS OF APPROVAL ............................................................................... | 8
21. SUSPENSION OF A DEVELOPMENT PERMIT ............................................................................ | 8
22. STOP ORDERS .......................................................................................................................... | 9
23. SIMILAR USES .......................................................................................................................... | 9
24. TEMPORARY PERMITS ............................................................................................................. | 9
25. NUMBER OF DWELLING UNITS ON A PARCEL ......................................................................... | 9
26. DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ................................................ | 10
27. NON-CONFORMING BUILDINGS AND USES .......................................................................... | 10
28. NON-CONFORMING USE VARIANCES .................................................................................... | 10
29. ADDITIONAL DEVELOPMENT APPROVALS ............................................................................. | 10
30. CONFINED FEEDING OPERATIONS ......................................................................................... | 10
31. SEPARATION DISTANCE CALCULATIONS ............................................................................... | 10
32. DEVELOPMENT IN FLOODWAYS ............................................................................................ | 10
33. DEVELOPMENT IN WETLANDS .............................................................................................. | 10
34. NOTIFICATION TO ADJACENT MUNICIPALITIES ..................................................................... | 11
35. LAND USE REDESIGNATIONS ................................................................................................. | 11
36. RESCINDING LAND USE REDESIGNATIONS ............................................................................ | 11
37. DESIGNATED NOTIFICATION AREAS ....................................................................................... | 11
38. SCHEDULES, MAPS AND APPENDICES ................................................................................... | 12
39. AMENDMENT OR REPEAL OF BYLAW .................................................................................... | 12
40. PENALTIES .............................................................................................................................. | 12
41. ADOPTION OF BYLAW ........................................................................................................... | 12
SCHEDULES
Schedule 1
LAND USE DISTRICTS ...................................................................... Schedule 1 | 1
1.
GENERAL .................................................................................................... | 1
2.
LAND USE DISTRICTS ................................................................................. | 1
3.
DESIGNATED HAMLETS ............................................................................. | 1
Schedule 2
LAND USE DISTRICT REGULATIONS
AGRICULTURAL - AG ............................................................. Schedule 2 - AG | 1
HAMLET - H ............................................................................ Schedule 2 - H | 1
SINGLE-LOT COUNTRY RESIDENTIAL - SCR .......................... Schedule 2 - SCR | 1
GROUPED COUNTRY RESIDENTIAL - GCR ........................... Schedule 2 - GCR | 1
GROUPED COUNTRY RESIDENTIAL 2 - GCR -2 ............... Schedule 2 - GCR - 2 | 1
RURAL SMALL HOLDINGS - RSH ......................................... Schedule 2 - RSH | 1
RURAL RECREATIONAL - RR .................................................. Schedule 2 - RR | 1
RURAL COMMERCIAL/INDUSTRIAL 1 - RCI-1 .................... Schedule 2 - RCI-1 | 1
RURAL COMMERCIAL/INDUSTRIAL 2 - RCI-2 .................... Schedule 2 - RCI-2 | 1
RURAL COMMERCIAL/INDUSTRIAL 3 - RCI-3 ....................... Schedule 2 - RCI-3 | 1
DIRECT CONTROL - DC .......................................................... Schedule 2 - DC | 1
Schedule 3
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT .. Schedule 3 | 1
1.
EXEMPTIONS ............................................................................................. | 1
2.
DEVELOPMENT PERMIT NOT REQUIRED .................................................... | 1
3.
AGRICULTURAL DEVELOPMENT ................................................................ | 1
4.
CLARIFICATION .......................................................................................... | 2
5.
HOME OCCUPATIONS ................................................................................ | 2
Schedule 4
STANDARDS OF DEVELOPMENT ................................................... Schedule 4 | 1
1.
QUALITY OF DEVELOPMENT ...................................................................... | 1
2.
RETAINING WALLS ..................................................................................... | 1
3.
FENCES ....................................................................................................... | 1
4.
DEVELOPMENT AGREEMENTS ................................................................... | 1
5.
HAZARDOUS CHEMICAL STORAGE ............................................................ | 1
6.
OUTDOOR FUEL STORAGE ......................................................................... | 1
7.
REFUSE COLLECTION ON CONSTRUCTION SITES ....................................... | 2
8.
ENVIRONMENTAL DEVELOPMENT CONDITIONS ...................................... | 2
9.
COULEE AND WATERBODY SETBACK REQUIREMENTS ............................. | 2
10. DRAINAGE .................................................................................................. | 5
11. AREA STRUCTURE PLAN / CONCEPTUAL SCHEME REQUIREMENTS .......... | 5
Schedule 5
MOVED-IN BUILDINGS / STRUCTURES / RESIDENCES .............. Schedule 5 | 1
1.
GENERAL REQUIREMENTS ......................................................................... | 1
2.
APPLICATION FOR DEVELOPMENT PERMIT .............................................. | 1
3.
CONDITIONS OF APPROVAL ...................................................................... | 1
4.
PERMIT VALIDITY ....................................................................................... | 2
5.
SECURITY ................................................................................................... | 2
Schedule 6
HOME OCCUPATIONS ..................................................................... Schedule 6 | 1
1.
CATEGORIES .............................................................................................. | 1
2.
APPLICATION ............................................................................................. | 1
3.
DISPLAYS / STORAGE ................................................................................. | 1
4.
COMPATIBILITY WITH NEIGHBOURHOOD ................................................. | 2
5.
CONDITIONS OF APPROVAL ...................................................................... | 2
6.
SIGNS ......................................................................................................... | 2
Schedule 7
WIND ENERGY CONVERSION SYSTEMS (WECS) ........................ Schedule 7 | 1
1.
DEFINITIONS .............................................................................................. | 1
2.
INFORMATION REQUIREMENTS ................................................................ | 2
3.
REFERRALS ................................................................................................. | 3
4.
SETBACKS ................................................................................................... | 3
5.
MINIMUM BLADE CLEARANCE .................................................................. | 3
6.
COLOR AND FINISH .................................................................................... | 4
7.
NUMBER OF WECS ..................................................................................... | 4
Schedule 8
SOLAR ENERGY SYSTEMS AND ALTERNATIVE/RENEWABLE
ENERGY ............................................................................................. Schedule 8 | 1
1.
SOLAR ENERGY SYSTEMS ........................................................................... | 1
2.
ALTERNATIVE/RENEWABLE ENERGY SYSTEMS ......................................... | 4
Schedule 9
KENNEL REGULATIONS ................................................................... Schedule 9 | 1
1.
DEFINITIONS .............................................................................................. | 1
2.
APPLICATION ............................................................................................. | 1
3.
CONSTRUCTION STANDARDS .................................................................... | 1
4.
HOURS OF OPERATION .............................................................................. | 2
5.
HEALTH REQUIREMENTS AND INSPECTION REPORTS .............................. | 2
6.
SUPERVISION ............................................................................................. | 2
Schedule 10
CANNABIS REGULATIONS ................................................................ Schedule 10 | 1
1.
DEFINITIONS .............................................................................................. | 1
2.
APPLICABILITY ............................................................................................ | 1
3.
CANNABIS RETAIL STORE ........................................................................... | 1
4.
CANNABIS PRODUCTION FACILITY ............................................................ | 2
5.
SETBACKS ................................................................................................... | 3
Schedule 11
AREA STRUCTURE PLAN / CONCEPTUAL SCHEME
REQUIREMENTS ............................................................................... Schedule 11 | 1
1.
INTRODUCTION ......................................................................................... | 1
2.
DEFINITIONS .............................................................................................. | 1
3.
AREA STRUCTURE PLAN / CONCEPTUAL SCHEME REQUIREMENTS .......... | 1
4.
AREA STRUCTURE PLAN / CONCEPTUAL SCHEME COMPONENTS ............ | 2
Schedule 12
SHIPPING CONTAINERS ................................................................... Schedule 12 | 1
1.
GENERAL STANDARDS ............................................................................... | 1
2.
TEMPORARY SHIPPING CONTAINERS ........................................................ | 2
3.
SHIPPING CONTAINERS ASSOCIATED WITH AGRICULTURE ....................... | 3
Schedule 13
LIQUOR REGULATIONS ...................................................................... Schedule 13 | 1
1.
DEFINITIONS .................................................................................................... 1
2.
APPLICABILITY.................................................................................................. 2
3.
LIQUOR FACILITY GUIDELINES ......................................................................... 2
4.
SETBACKS ......................................................................................................... 3
Schedule 14
CAMPGROUNDS ................................................................................ Schedule 14 | 1
1. INTENT .............................................................................................................. 1
2. DEVELOPMENT PERMIT APPLICATIONS ............................................................ 1
3.
GENERAL DESIGN STANDARDS ........................................................................ 1
4.
4-SEASON DESIGN STANDARDS ...................................................................... 3
Schedule 15
DEFINITIONS .................................................................................... Schedule 15 | 1
Schedule 16
LAND USE DISTRICTS MAPS ............................................................. Schedule 16 | 1
APPENDICES
APPENDIX A
MUNICIPAL PLANNING COMMISSION AND DEVELOPMENT AUTHORITY BYLAW
APPENDIX B
SUBDIVISION AND DEVELOPMENT APPEAL BOARD BYLAW
APPENDIX C
SCHEDULE OF FEES
APPENDIX D
FORMS
FORM A
Application for a Development Permit
FORM B
Notice of Municipal Planning Commission Meeting
FORM C
Notice of Decision
FORM D
Development Permit
FORM E
Application for a Land Use Bylaw Amendment
FORM F
Agreement for Time Extension of a Development Application
FORM G
Stop Order
FORM H
Application for a Home Occupation
FORM I
Application for a Temporary Development Permit
FORM J
Time Extension for 20-Day Processing Timeframe
APPENDIX E
SUBDIVISION GUIDELINES
APPENDIX F
REPORT REQUIREMENTS UNDER SECTION 23 OF THE WATER ACT
APPENDIX G
BED AND BREAKFAST HEALTH STANDARDS AND GUIDELINES
APPENDIX H
CONFINED FEEDING OPERATIONS
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IN THE PROVINCE OF ALBERTA
LAND USE BYLAW NO. 762.2021
The Council of Cardston County in the Province of Alberta enacts as follows:
BEING A BYLAW OF CARDSTON COUNTY, IN THE PROVINCE OF ALBERTA, TO REGULATE THE USE
AND DEVELOPMENT OF LANDS, BUILDINGS AND STRUCTURES.
THIS BYLAW MAY BE CITED AS THE CARDSTON COUNTY LAND USE BYLAW.
1.
DEFINITIONS
For Definitions, see Schedule 15.
2.
DESIGNATED OFFICER / DEVELOPMENT OFFICER
(1) The office of "designated officer" is established.
(2) For the purpose of this bylaw, the designated officer shall be the Development Officer, the Chief
Administrative Officer or the Municipal Planning Commission.
(3) A person appointed to the office of Development Officer:
(a) shall exercise only such powers and perform duties as are specified in this bylaw or by
resolution of Council;
(b) is responsible for processing, and referring applications for land use redesignations;
(c) is responsible for processing, deciding and/or referring development permit applications in
accordance with this bylaw;
(d) shall be considered a "designated officer" pursuant to sections 210 and 624 of the
Municipal Government Act (MGA).
(4) The Development Officer is also responsible for:
(a) maintaining a register and recording therein all applications made for development permits
and the decisions made with respect to them;
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Cardston County Land Use Bylaw No. 762.2021
(b) requesting written comments from building inspectors, other municipal staff and other
agencies, as appropriate, prior to issuing a development permit or referring an application
to the Municipal Planning Commission;
(c) the issuance of waivers not exceeding 20 percent of the measurable standards established
in this bylaw;
(d) in consultation with the Chief Administrative Officer or his/her designate, the issuance of
setback waivers for trees adjacent to municipal road allowances;
(e) the issuance of permits for second residences on a parcel, as outlined in a specific land use
district; and
(f)
carrying out such other duties and responsibilities as may be assigned by resolution of
Council.
3.
MUNICIPAL PLANNING COMMISSION
The Municipal Planning Commission shall perform only such powers and duties as are specified:
(a) in the municipality's Municipal Planning Commission and Development Authority Bylaw;
(b) in this bylaw,
(c) in the Municipal Government Act, or
(d) by resolution of Council.
4.
LAND USE DISTRICTS
(1) The municipality is divided into those districts specified in Schedule 1 and shown on the Land
Use District Maps.
(2) The one or more uses of land, buildings or structures identified as:
(a) permitted uses in each district, with or without conditions; or
(b) discretionary uses in each district, with or without conditions;
are described in Schedule 2.
(3) A land use not listed as a permitted or discretionary use in a district, shall be prohibited.
5.
DEVELOPMENT PERMIT APPLICATIONS
(1) Except as provided in Schedule 3, no person shall commence a development unless he/she has
been issued a development permit in respect of the development.
(2) An application for a development permit shall be made to the Development Officer by
submitting:
(a) a completed application on the appropriate form in Appendix D;
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(b) where the applicant/landowner is a corporation or a registered company, the results of a
current corporate search shall be submitted as part of a development application;
(c) such other information as may be required by the Development Officer in accordance with
Section 29 of this bylaw; and
(d) the fee prescribed in Appendix C.
(3) An application for a development permit shall be made by the owner of the land on which the
development is proposed or, with the written consent of the owner, by another person.
(4) The Development Officer shall require proof of ownership, or written authorization by the
owner for a developer, to make an application for a development permit. The Development
Officer may require proof of locations of abandoned oil and gas wells, geotechnical information,
results of percolation tests, soil stability tests, or the preparation of an area structure plan or
conceptual scheme, prior to a decision being made regarding the development application.
6.
DETERMINATION OF COMPLETE DEVELOPMENT PERMIT APPLICATION
(1) In accordance with section 683.1 of the Municipal Government Act, the Development Officer
shall, within 20 days after the receipt of an application in accordance with Section 5(2) of this
bylaw for a development permit, determine whether the application is complete.
(2) An application is complete if, in the opinion of the Development Officer, the application contains
the documents and other information necessary to review the application.
(3) The time period referred to in subsection (1) may be extended by signing an agreement between
the applicant and the Development Officer using Form J in Appendix D.
(4) If the Development Officer does not make a determination referred to in subsection (1) within
the time required under subsection (1) or (3), the application is deemed to be complete.
(5) If the Development Officer determines the application is complete, the Development Officer
shall issue to the applicant a written Notice of Completeness acknowledging the application is
complete, delivered by hand, mail or electronic means.
(6) If the Development Officer determines the application is incomplete, the Development Officer
shall issue to the applicant a written notice indicating the application is incomplete and
specifying the outstanding documents and information to be provided, including but not limited
to those required by Section 29 of this bylaw. A submittal deadline for the outstanding
documents and information shall be set out in the notice. A later date may be agreed on
between the applicant and the Development Officer, in writing, to extend the deadline.
(7) When the Development Officer determines the information and documents required to be
submitted under subsection (6) are complete, the Development Officer shall issue to the
applicant a written Notice of Completeness acknowledging the application is complete,
delivered by hand, mail or electronic means.
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Cardston County Land Use Bylaw No. 762.2021
(8) If the required documents and information under subsection (6) have not been submitted to the
Development Officer within the timeframe prescribed in the notice issued under subsection (6),
the Development Officer shall return the application to the applicant accompanied by a written
Notice of Refusal stating the application is deemed refused and the reasons for refusal.
(9) Despite issuance of a Notice of Completeness under subsection (5) or (7), the Municipal Planning
Commission in the course of reviewing the application may request additional information or
documentation from the applicant the Municipal Planning Commission considers necessary to
review the application.
7.
PERMITTED USE APPLICATIONS
(1) Upon receipt of a completed application for a development permit for a permitted use, the
Development Officer shall, if the application otherwise conforms with this bylaw, issue a
development permit with or without conditions.
(2) The Development Officer may refer any application for a permitted use to the Municipal
Planning Commission for a decision.
(3) All development approvals granted by the Development Officer in accordance with subsection
(1) above shall be summarized and filed with the Municipal Planning Commission at their next
regularly scheduled meeting.
(4) The Development Officer, in the case of a permitted use, or the Municipal Planning Commission,
in the case of a discretionary use, shall impose planning conditions in accordance with section
650 of the Municipal Government Act on any development permit and may impose other
conditions including but not limited to:
(a) adherence to conditions or permits required by federal and provincial government
agencies;
(b) adherence to conditions contained in an applicable intermunicipal development plan, area
structure plan or conceptual scheme;
(c) obtaining and complying with safety codes permits;
(d) filing a copy of safety code permits and compliance documents with the municipality;
(e) obtaining and adhering to engineered plans, storm water drainage plans, traffic impact
assessment plans, environmental impact assessments, and filing copies of the plans with
the municipality;
(f)
obtaining a variance or waiver regarding parcel size, yard relaxations or setbacks from
municipal roadways and road allowances if required; and
(g) entering into a development agreement for registration on title.
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8.
DISCRETIONARY USE APPLICATIONS
(1) Upon receipt of a completed application for a discretionary use under Section 8, the Municipal
Planning Commission or the Development Officer shall notify:
(a) in accordance with Section 9 of this bylaw, those persons likely to be affected by the issue
of a development permit; and
(b) adjacent municipalities of the proposed development, in writing.
(2) Upon receipt of a completed application for a development permit for a development which
does not comply with this bylaw, but in respect of which the Municipal Planning Commission is
requested by the applicant to exercise discretion under Section 19, the Development Officer
shall submit the application to the Municipal Planning Commission.
(3) Upon receipt of an application under subsection (2), and if the Development Officer or the
Municipal Planning Commission is prepared to exercise discretion under Section 19, it shall
notify, in accordance with Section 9 of this bylaw, those persons likely to be affected.
9.
NOTIFICATION
(1) Upon receipt of an application under Sections 8 or 19 of this bylaw, the Municipal Planning
Commission shall, prior to a decision, notify any person(s) likely to be affected using one of the
following:
(a) a written notice shall be mailed by the Development Officer to a person(s) who will likely
be affected; or
(b) the Development Officer shall post a notice of application conspicuously on the property
for which the application has been made; or
(c) electronic notification as per Bylaw No. 707.2018; or
(d) the Development Officer shall hand deliver a notice of the application to a person(s) likely
to be affected by the proposal; or
(e) any combination of (a), (b), (c) and (d).
(2) In all cases, notification shall:
(a) describe the nature and location of the use;
(b) state the time and place where the Municipal Planning Commission shall convene a
meeting to consider the application as well as any oral or written submissions by the
applicant or other affected parties.
(3) A person notified in accordance with Section 9 or any other person who considers they may be
affected by an application, may submit written comments to the Municipal Planning
Commission if they wish those comments to be read into the record.
(4) A minimum of seven (7) days notice shall be provided to persons notified under this Section.
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Cardston County Land Use Bylaw No. 762.2021
(5) The Municipal Planning Commission, or the Development Officer, may establish notification
distances for any application which requires any persons likely to be affected by the issuance of
a discretionary development permit to be notified.
(6) Notification shall be in accordance with any adopted Intermunicipal Development Plan.
(7) If, in the opinion of the Development Officer or the Municipal Planning Commission, a proposed
development is of a significant magnitude or has potential impact, it may decide to place a notice
on the County website advertising the time, date and place where the development permit will
be heard by the Municipal Planning Commission prior to rendering a decision on the application.
10. NOTIFICATION OF DEVELOPMENT PERMIT ISSUED
The Development Officer shall notify the applicant and those persons notified under Section 9 of this
bylaw and any other person likely to be affected by the development:
(a) by mail, or
(b) by electronic notification as per Bylaw No. 707.2018, or
(c) by posting a notice in a conspicuous place on the property, or
(d) a combination of the above.
11. VALIDITY OF A DEVELOPMENT PERMIT
(1) Unless a development permit is suspended, cancelled or expired, it shall remain in effect for 12
months from the date of approval issued by the Development Officer, Municipal Planning
Commission, the local Subdivision and Development Appeal Board, or the Land and Property
Rights Tribunal.
(2) A development permit may be extended for an additional 12 months for a total of 24 months
from the date of approval issued by the Development Officer or the Municipal Planning
Commission.
(3) When any use has been discontinued for a period of 24 months or more, any previously issued
development permit is no longer valid and said use may not be recommenced:
(a) until a new application for a development permit has been made and a new development
permit issued; or
(b) in the case where a development was commenced prior to the adoption of a land use bylaw
and a permit was never issued, an application for a development permit must be made and
a valid development permit issued.
12. DEVELOPMENT AGREEMENTS
A development agreement pursuant to the Municipal Government Act may be required as a condition
of a development permit or a subdivision approval.
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13. ARCHITECTURAL CONTROLS
As a condition of a development or subdivision approval, an applicant may be required to prepare
architectural controls for the subdivision and/or development area which are registered on the said
lands as a restrictive covenant and are enforced by the developer through a monetary architectural
deposit.
14. REAPPLICATION
If a decision on an application for a development permit has been refused by the Development
Officer, the Municipal Planning Commission, the local Subdivision and Development Appeal Board,
or the Land and Property Rights Tribunal, another application for development:
(a) on the same lot, and
(b) for the same or a similar use,
may not be accepted for at least six (6) months after the date of refusal.
15. APPEALS
(1) Any person affected by a decision of the Municipal Planning Commission or the Development
Officer has the right pursuant to the Municipal Government Act, to appeal said decision to the
local Subdivision and Development Appeal Board or the Land and Property Rights Tribunal.
(2) An appeal to the Subdivision and Development Appeal Board shall be commenced by serving a
written notice of the appeal to the Subdivision and Development Appeal Board within 21 days
after:
(a) a person is notified of an order or decision or the issuance of a development permit; or
(b) the date on which the notice of the issuance of a development permit was given in
accordance with Section 10 of this bylaw; or
(c) the expiration of the 40-day period for a decision to be made and any extension of the time
period in accordance with Section 9 of this bylaw has expired.
16. COMMENCEMENT OF DEVELOPMENT
Notwithstanding the issue of a development permit, no development authorized by the issue of a
permit shall commence:
(a) until at least 21 days after the date of notification of the issuance of the permit; or
(b) if an appeal is made, until the appeal is decided upon.
17. TRANSFER OF DEVELOPMENT PERMIT
(1) A valid development permit is transferable where the use remains unchanged and the
development is affected only by a change in ownership, tenancy or occupancy.
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Cardston County Land Use Bylaw No. 762.2021
(2) When any use has been discontinued for a period of 24 months or more, any previously issued
development permit is no longer valid and said use may not be recommenced until a new
application for a development permit has been made and a new development permit issued.
18. DEEMED REFUSAL / FAILURE TO RENDER DECISION
In accordance with section 684 of the Municipal Government Act, an application for a development
permit shall, at the option of the applicant, be deemed to be refused when the decision of the
Development Officer or the Municipal Planning Commission, as the case may be, is not made within
40 days of receipt of the completed application by the municipality, unless the applicant has entered
into an agreement with the Development Officer to extend the 40-day period.
19. NON-COMPLIANCE WITH LAND USE BYLAW / WAIVERS
(1) The Municipal Planning Commission and the Development Officer are authorized to decide upon
an application for a development permit notwithstanding the proposed development does not
comply with the measurable standards of this bylaw if, in the opinion of the Municipal Planning
Commission or the Development Officer:
(a) the proposed development would not unduly interfere with the amenities of the
neighbourhood or materially interfere with or affect the use or enjoyment or value of
neighbouring properties; and
(b) the proposed development conforms with the use prescribed for the land or building in
Schedule 2.
(2) The Development Officer may exercise discretion under Section 19 of this bylaw in respect of
the following matters:
(a) granting of waivers up to 20 percent of measurable standards;
(b) approval of minor deviations from approved site plans;
(c) imposing conditions on permitted uses in order to ensure a proposed use will comply with
provisions of this bylaw, the municipal development plan or any other statutory plan.
20. ADDITIONAL CONDITIONS OF APPROVAL
The Development Officer or Municipal Planning Commission may impose any conditions considered
necessary to ensure the development complies with this bylaw or any statutory plan, including the
provision of legal, physical and/or satisfactory access.
21. SUSPENSION OF A DEVELOPMENT PERMIT
(1) The Development Officer, the Municipal Planning Commission or the Subdivision and
Development Appeal Board may suspend or cancel the development permit stating the reasons
for any suspension or cancellation, in writing, if it becomes aware:
(a) the application for the development permit contained misrepresentations; or
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(b) facts concerning the application or the development were not disclosed, and which should
have been disclosed at the time the application was considered, have subsequently become
known.
(2) If a development permit is suspended, the applicant may appeal the suspension to the
Subdivision and Development Appeal Board and the Subdivision and Development Appeal Board
shall:
(a) reinstate the development permit; or
(b) reinstate the development permit with conditions; or
(c) cancel the development permit if the Development Officer or the Municipal Planning
Commission would not have issued the development permit if the facts disclosed would
have been known at the time the Development Officer or the Municipal Planning
Commission made the original decision.
22. STOP ORDERS
The Development Officer or the Municipal Planning Commission may issue a stop order in accordance
with section 645 of the Municipal Government Act.
23. SIMILAR USES
Where a use is applied for which is not specifically considered in a land use district but, in the opinion
of the Development Officer and/or the Municipal Planning Commission, is similar in character and
purpose to another permitted or discretionary use in the land use district in which such use is
proposed, the Development Officer or the Municipal Planning Commission may:
(a) rule the proposed use is a permitted or discretionary use in the land use district in which it is
proposed; and
(b) direct a development permit be issued with or without conditions.
24. TEMPORARY PERMITS
When a proposed use is of a temporary or discretionary nature, the Development Officer or the
Municipal Planning Commission may:
(a) issue a temporary development permit valid for a period it considers appropriate; and
(b) require the applicant to post a guarantee for the cessation or removal of the use and any
associated development.
25. NUMBER OF DWELLING UNITS ON A PARCEL
The Development Officer is authorized to decide upon the construction or placement of the first
and/or the second dwelling unit on a parcel of land, as outlined in a specific land use district.
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Cardston County Land Use Bylaw No. 762.2021
26. DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
Development not requiring a development permit is specified in Schedule 3.
27. NON-CONFORMING BUILDINGS AND USES
A non-conforming building or use may be continued in accordance with the conditions detailed in
section 643 of the Municipal Government Act.
28. NON-CONFORMING USE VARIANCES
The Municipal Planning Commission is authorized to exercise variance powers with respect to non-
conforming buildings pursuant to section 643(5)(c) of the Municipal Government Act.
29. ADDITIONAL DEVELOPMENT APPROVALS
The issuance of a development permit by the Development Officer or the Municipal Planning
Commission does not preclude the applicant and/or his/her agent from obtaining any additional
municipal, provincial or federal approvals required.
30. CONFINED FEEDING OPERATIONS
In accordance with the Agricultural Operation Practices Act (AOPA), this Land Use Bylaw does not
regulate confined feeding operations or intensive livestock operations that are less then the AOPA
threshold numbers.
31. SEPARATION DISTANCE CALCULATIONS
For the purpose of this bylaw, unless specifically waived, all separation distance calculations shall be
consistent with the processes and formulas established in the Agricultural Operation Practices Act.
32. DEVELOPMENT IN FLOODWAYS
In addition to any certified flood mapping, all development located in an identified floodway within
the municipality shall comply with the Flood Recovery and Reconstruction Act, and any subsequent
regulations established by the Lieutenant Governor in Council and section 693.1 of the Municipal
Government Act.
33. DEVELOPMENT IN WETLANDS
(1) The land use regulations and provisions in this section apply to the use and development of all
land and buildings in all land use districts.
(2) Applicants/developers must follow the Alberta Wetland Assessment and Impact Report
Directive whenever an activity is proposed that will impact a wetland.
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(3) Where applicable, all development proponents shall adhere to the Code of Practice for Wetland
Replacements Works and, where applicable shall submit Public Lands Act applications.
(4) The Municipal Planning Commission may require the developer to retain all or portions of
naturally occurring wetlands where the Municipal Planning Commission determines that the
development may be done in a manner that avoids, minimizes, or mitigates the impacts to the
wetlands.
(5) The applicant/developer is solely responsible for adhering to all relevant provincial and federal
legislation and regulations including the Water Act, R.S.A. 2000, c. W-3, and the Alberta Wetland
Policy.
34. NOTIFICATION TO ADJACENT MUNICIPALITIES
A draft version of any proposed:
(a) new land use bylaw; or
(b) statutory plan; or
(c) land use bylaw amendment which involves either a new land use district or a part of any other
district lying 2 miles (3.2 km) or a distance established in an intermunicipal development plan;
shall be sent to the adjacent municipality concerned for comments and regard shall be had to any
comments received prior to amendment of this bylaw.
35. LAND USE REDESIGNATIONS
If an application for a land use redesignation is refused by the Council, another application for a
redesignation for the same or similar use may not be accepted for at least six (6) months after the
date of refusal unless an application for a waiver of the time restriction is approved by Council.
36. RESCINDING LAND USE REDESIGNATIONS
(1) After the date of the adoption of this bylaw, Council may rescind an amending bylaw
redesignating certain lands within the municipality to accommodate a proposed subdivision
and/or development originally granted pursuant to this bylaw. Council may rescind the
redesignation bylaw and rezone the lands back to their original designation if:
(a) the proposed subdivision has not been applied for, decided upon or extended;
(b) the proposed development has not been applied for, decided upon, commenced or
extended after 24 months of the date the redesignation bylaw receiving third and final
reading; and/or
(c) if a proposed subdivision application and/or development permit application for a
redesignation parcel of land severely deviates or contains serious misrepresentation from
the original proposal when the land was designated for that specific purpose.
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(2) The rescinding of the redesignation bylaw shall be undertaken in accordance with section 191
of the Municipal Government Act.
37. DESIGNATED NOTIFICATION AREAS
Cardston County may establish, periodically, designated notification areas within the municipality
whereby subdivision applications and/or discretionary use development applications are sent to an
adjacent municipality for comment prior to a decision being rendered by the Municipal Planning
Commission. For the purpose of this section, one designated notification area has been
established, which is comprised of all parcels of land located within the following quarter sections:
(1) SE 25-4-28 W4M
(2) NE 24-4-28 W4M
(3) SW 30-4-27 W4M
(4) NW 19-4-27 W4M
38. SCHEDULES, MAPS AND APPENDICES
(1) Schedules 1 through 14 form part of this bylaw.
(2) Appendices A through H do not form part of this bylaw and are for information and guidance
purposes only.
39. AMENDMENT OR REPEAL OF BYLAW
The procedure for amendment or repeal of this bylaw is prescribed under sections 191, 230, 606 and
692 of the Municipal Government Act.
40. PENALTIES
Any person who contravenes a provision of this bylaw may be found guilty of an offence under
section 566 of the Municipal Government Act.
41. ADOPTION OF BYLAW
(1) The Cardston County Land Use Bylaw No. 443/98, as amended, is hereby repealed.
(2) This bylaw comes into effect upon the final passing thereof.
Schedule 1
LAND USE DISTRICTS
Cardston County Land Use Bylaw No. 762.2021
Schedule 1 | 1
Schedule 1
LAND USE DISTRICTS
1.
GENERAL
Cardston County is divided into those districts identified in Section 2 and also shown on the Land Use
Districts Maps in Schedule 16 of this bylaw.
2.
LAND USE DISTRICTS
Each land use district shall be known by the following identifying names and symbols:
AGRICULTURAL
- AG
HAMLET
- H
SINGLE-LOT COUNTRY RESIDENTIAL
- SCR
GROUPED COUNTRY RESIDENTIAL
- GCR
GROUPED COUNTRY RESIDENTIAL 2
- GCR -2
RURAL SMALL HOLDINGS
- RSH
RURAL RECREATIONAL
- RR
RURAL COMMERCIAL/INDUSTRIAL 1
- RCI-1
RURAL COMMERCIAL/INDUSTRIAL 2
- RCI-2
RURAL COMMERCIAL/INDUSTRIAL 3
- RCI-3
DIRECT CONTROL
- DC
3.
DESIGNATED HAMLETS
The following are named as Designated Hamlets for the purpose of this bylaw and their boundaries
shall be shown on the applicable Land Use Districts Map:
- Aetna
- Beazer
- Del Bonita
- Kimball
- Leavitt
- Mountain View
- Spring Coulee
- Welling
- Welling Siding
- Woolford
Schedule 2
LAND USE DISTRICT REGULATIONS
Cardston County Land Use Bylaw No. 762.2021
Schedule 2 - AG | 1
Schedule 2
LAND USE DISTRICT REGULATIONS
AGRICULTURAL - AG
1.
INTENT
The intent of this land use district is to allow agriculture to continue as an important land use in the
County by ensuring it can operate unencumbered by conflicting land uses, while affording the
municipality and its residents the flexibility to develop isolated non-agricultural uses in certain
locations augmenting the agricultural land base.
2.
USES
(1) Permitted*
Abattoir
Accessory building and use
Accessory structure
Alternative/renewable energy, individual
Animal care service, small
Animal care service, large
Day care facility
Farm building and structure
Garage suite
Garden suite
Grain terminal
Home care service
Household repair service
Manufactured home
Modular home
Moved-in building
Office
Residential addition
Ready to move home (RTM)
Secondary suite
Second family dwelling
Shipping container for farm use
Single family dwelling
Solar energy system, agricultural
Solar energy system, household
* See Schedule 3, Development Not Requiring a Development Permit
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Cardston County Land Use Bylaw No. 762.2021
Structural alteration
Wind energy conversion system - Category 1
Weigh scale, private
(2) Discretionary
Airport/airstrip
Aquaculture operation
Archery range, commercial
Artificial insemination facility
Auction facility
Auction mart
Bed and breakfast
Bulk fertilizer storage and sale
Bulk fuel storage and sale
Cabin
Cemetery
Church
Community facility
Duplex
Employee housing
Farm supplies and service
Food processing
Food service/catering
Garden center
Greenhouse
Guest ranch
Helipad
Heliport site
Holiday trailer and RV storage
Home occupation, Class 3
Intensive horticulture
Kennel - Category 1 and 2
Lodge
Lodging house
Market garden
Multi-family unit
Outdoor storage
Private riding stable and arena
Private rifle range
Private rodeo grounds
Public and private institutional use
Public and private utility
Public park and recreation
Recreation vehicle storage
Resource extraction use
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Schedule 2 - AG | 3
School
Sea can storage for future sale
Seed cleaning plant
Sod farm
Sports club
Subsequent family dwelling
Surveillance suite
Taxidermy
Tourist home
Tower
Vehicle service and repair
Warehouse store
Warehouse
Welding shop
Wind energy conversion system - Category 2 and 3
Weigh scale, public
(3) Prohibited
Cannabis production
Grouped country residential
Noxious industry
3.
MINIMUM PARCEL AND LOT SIZES
The minimum parcel and lot sizes for the above-noted permitted and discretionary land uses shall be
as follows:
(a) Single-lot country residential
- 1.2 ha (3 acres) or existing titles
(b) Extensive agriculture
- 28.3 ha (70 acres) or existing titles
4.
MINIMUM SETBACK REQUIREMENTS
(1) All buildings, structures and development other than cultivation or grazing shall be setback from
lot or parcel boundaries at least:
(a) 40 m (131 feet) from the center line of any developed or undeveloped roadway not
designated as a highway in the Memorandum of Agreement between Alberta
Transportation and Cardston County;
(b) such distances as required by Alberta Transportation for designated highways in the
Memorandum of Agreement;
(c) any greater distance which may be required by the Development Officer or the Municipal
Planning Commission in order to facilitate future road widening, service road dedication,
or to reduce potential snow drifting.
(2) The Municipal Planning Commission may establish a minimum setback from any existing
residence where a proposed discretionary use may be incompatible with the residential use.
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Cardston County Land Use Bylaw No. 762.2021
5.
MINIMUM SETBACKS FROM PROPERTY LINES
All buildings and structures shall be setback a minimum of 7.6 m (25 feet) from all property lines not
fronting on or adjacent to a municipal roadway.
6.
SITE COVERAGE
The maximum site coverage for all the permitted and discretionary uses listed above:
(a) principal and accessory buildings - 50 percent; or
(b) as required by the Development Officer or Municipal Planning Commission.
7.
ACCESS / DEVELOPMENT AGREEMENTS
(1) The municipality may, at the time of subdivision or development approval, require the
developer to enter into a development agreement for the construction of any roadways,
approaches or improvements for access purposes necessary to serve the development area.
(2) The development agreement may be registered, by caveat, on the certificate of title that is the
subject of the proposed subdivision or development.
(3) As part of the development agreement, the municipality may establish the standard to which
any access construction shall be met or exceeded in accordance with County road policies and
standards.
(4) The municipality may require the developer to post a form of financial security to ensure the
access construction meets or exceeds County road policies and standards.
8.
OTHER USES / REDESIGNATION
(1) Other uses such as grouped country residential, noxious industry, rural recreational or rural
commercial/industrial are not accommodated in this land use district. As a result, those
proposed uses may require the landowner/developer to redesignate certain lands to a new or
different land use district other than Agricultural - AG.
(2) The municipality may require a landowner/developer to prepare a detailed area structure plan
or conceptual scheme as a support document for a land use redesignation request to municipal
Council in accordance with Schedule 11 of this bylaw.
9.
STANDARDS OF DEVELOPMENT - See Schedule 4.
10. MOVED-IN BUILDINGS - See Schedule 5.
11. HOME OCCUPATIONS - See Schedule 6.
12. WIND ENERGY CONVERSION SYSTEMS - See Schedule 7.
Cardston County Land Use Bylaw No. 762.2021
Schedule 2 - AG | 5
13. SOLAR / ALTERNATIVE ENERGY SYSTEMS - See Schedule 8.
14. KENNEL REGULATIONS - See Schedule 9.
15. CANNABIS REGULATIONS - See Schedule 10.
16. AREA STRUCTURE PLANS / CONCEPTUAL SCHEMES - See Schedule 11.
17. SHIPPING CONTAINERS - See Schedule 12.
18. DEFINITIONS - See Schedule 15.
19. FEES - See Appendix C.
Cardston County Land Use Bylaw No. 762.2021
Schedule 2 - H | 1
HAMLET - H
1.
INTENT
The intent of this land use district is to provide for the orderly urban expansion in a designated hamlet
by ensuring that non-residential uses are compatible with the amenities of residential areas, through
the regulation of following permitted, discretionary and prohibited land uses.
2.
USES
(1) Permitted*
Accessory building and use
Accessory structure
Bed and breakfast
Day care facility
Duplex
Home occupation, Class 2
Modular home
Personal care service
Ready to move home (RTM)
Residential addition
Restaurant
Service station
Single family dwelling
Solar energy system, household
Structural alteration
(2) Discretionary
Animal care service
Cabin
Campground
Cemetery
Church
Commercial cabin development
Community hall
Family campground (in excess of 5 units)
Grain terminal
Holiday trailer park and storage
Home occupation - Class 3
Market garden
Mobile home
Moved-in building
Multi-family dwelling
* See Schedule 3, Development Not Requiring a Development Permit.
Schedule 2 - H | 2
Cardston County Land Use Bylaw No. 762.2021
Private recreation
Public and private utility
Retail outlet
Secondary suite
Second family dwelling
Shipping container
Surveillance suite
Taxidermy
Wind energy conversion system - Category 1
(3) Prohibited
Cannabis operation
Confined feeding operation
Noxious industry
3.
MINIMUM LOT SIZES FOR FULLY SERVICED RESIDENTIAL LOTS
Use
Width
Length
Area
m
ft.
m
ft.
m2
sq. ft.
Single family dwellings
15.2
50
36.6
120
557.4
6,000
Duplex and semi-detached dwellings
18.3
60
36.6
120
1114.8
12,000
Multiple family dwellings
30.5
100
36.6
120
1114.8
12,000
Single-wide mobile homes
15.2
50
36.6
120
557.4
6,000
Double-wide mobile homes
15.2
50
36.6
120
557.4
6,000
Row or town housing
- interior unit
- end unit
6.1
10.0
20
30
30.5
30.5
100
100
278.7
185.8
3,000
2,000
All other residential uses
As required by the Municipal Planning Commission.
4.
MINIMUM LOT SIZES FOR UNSERVICED AND PARTIALLY-SERVICED RESIDENTIAL LOTS
Use
Width
Length
Area
m
ft.
m
ft.
m2
sq. ft.
Single family dwellings with
municipal sewer only
36.6
120
38.1
125
1393.5
15,000
Single family dwelling with
municipal water only
36.6
120
38.1
125
1393.5
15,000
Single family dwellings with
no municipal water or sewer
39.6
130
46.9
154
1858.0
20,000
All other residential uses
As required by the Municipal Planning Commission.
Cardston County Land Use Bylaw No. 762.2021
Schedule 2 - H | 3
5.
MINIMUM SETBACK REQUIREMENTS FOR RESIDENTIAL LOTS
Use
Lot Type
Front Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
(a) Single family detached interior
7.6
25
1 @ 1.5
5
7.6
25
1 @ 3.0
10
corner
7.6
25
1 @ 1.5
5
7.6
25
1 @ 7.6
25
Duplex
interior
7.6
25
1 @ 1.5
5
7.6
25
1 @ 3.0
10
corner
7.6
25
1 @ 1.5
5
7.6
25
1 @ 7.6
25
Semi-detached
interior
7.6
25
2 @ 3.0
10
7.6
25
corner
7.6
25
1 @ 3.0
10
7.6
25
1 @ 7.6
Multiple family
interior
9.1
30
2 @ 6.1
20
9.1
30
corner
9.1
30
2 @ 6.1
20
9.1
30
1 @ 9.1
30
Row or townhouse
interior
7.6
25
end unit
@ 4.6
15
7.6
25
corner
7.6
25
end unit @
7.6
25
7.6
25
Mobile homes
(single- and double-wide)
interior
7.6
25
1 @ 1.5
main entrance
side
1 @ 3.0
5
10
7.6
25
corner
7.6
25
1 @ 1.5
5
7.6
25
1 @ 7.6
25
All other residential uses
As required by the Municipal Planning Commission.
6.
MAXIMUM SITE COVERAGE FOR RESIDENTIAL LOTS
(a) Principal building (dwelling) - 35%
(b) Accessory buildings
- 10%
Schedule 2 - H | 4
Cardston County Land Use Bylaw No. 762.2021
7.
COMMERCIAL USES
(a) MINIMUM LOT SIZE (Serviced)
Width
Length
Area
m
ft.
m
ft.
m2
sq. ft.
Permitted uses
9.1
30
36.6
120
334.6
3,600
All other uses
As required by the MPC.
(b) MINIMUM LOT SIZE (Unserviced or Partially Serviced)
Width
Length
Area
m
ft.
m
ft.
m2
sq. ft.
Municipal sewer only
22.9
75
30.5
100
696.8
7,500
Municipal water only
36.6
120
38.1
125
1393.4
15,000
No municipal sewer or water
39.6
130
46.9
154
1858.0
20,000
(c)
MINIMUM SETBACK REQUIREMENTS
Front Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
Permitted uses
4.6
15
3.1
10
9.1
30
(d) MAXIMUM SITE COVERAGE
Principal and ancillary buildings - 80%.
8.
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT - See Schedule 3.
9.
STANDARDS OF DEVELOPMENT - See Schedule 4.
10. MOVED-IN BUILDINGS - See Schedule 5.
11. HOME OCCUPATIONS - See Schedule 6.
12. SOLAR ENERGY SYSTEMS AND ALTERNATIVE/RENEWABLE ENERGY - See Schedule 8.
13. DEFINITIONS - See Schedule 15
Cardston County Land Use Bylaw No. 762.2021
Schedule 2 - SCR | 1
SINGLE-LOT COUNTRY RESIDENTIAL - SCR
1.
INTENT
The intent of this land use district is to accommodate no more than two additional single-lot country
residential subdivisions within a quarter section of land which have already met or exceeded the
maximum of four subdivisions within that specific quarter section within the municipality.
2.
USES
(1) Permitted*
Accessory building and use
Manufactured home
Modular home
Residential addition
Ready to move home (RTM)
Single family dwelling
Solar energy, household
Structural alteration
(2) Discretionary
Animal care service
Aquaculture operation
Bed and breakfast
Day care facility
Family campground (in excess of 5 units)
Food processing
Food servicing/catering
Garage suite
Garden suite
Greenhouse
Home care service
Home occupation - Class 2
Household repair service
Lodge
Lodge house
Moved-in residential building
Private riding stable and arena
Public and institutional use
Public park or recreation use
Public utility
Secondary suite
Second family dwelling
Shipping Container
* See Schedule 3, Development Not Requiring a Development Permit.
Schedule 2 - SCR | 2
Cardston County Land Use Bylaw No. 762.2021
Taxidermy
Tourist home
Vehicle service and repair
(3) Prohibited
Confined feeding operation
3.
PARCEL AND LOT SIZES
Parcel and lot sizes for all the permitted and discretionary uses listed above are:
(a) existing parcels;
(b) a minimum of 1.2 ha (3 acres) for unserviced lots; or
(c) a minimum of 0.6 ha (1.5 acres) for serviced lots.
4.
MINIMUM SETBACK REQUIREMENTS
Use
Front Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
All uses
15.2
50
7.6
25
15.2
50
or 40 m (131 ft.) from the centreline of a
municipal road allowance
5.
MAXIMUM SITE COVERAGE
Principle Building - 35%
Accessory Building - 10%
6.
STANDARDS OF DEVELOPMENT - See Schedule 4.
7.
HOME OCCUPATIONS - See Schedule 6.
8.
SOLAR ENERGY SYSTEMS AND ALTERNATIVE/RENEWABLE ENERGY - See Schedule 8.
9.
DEFINITIONS - See Schedule 15.
10. FEES - See Appendix C.
Cardston County Land Use Bylaw No. 762.2021
Schedule 2 - GCR | 1
GROUPED COUNTRY RESIDENTIAL - GCR
1.
INTENT
The intent of this land use district is to accommodate clustered country residential development
within comprehensively planned multi-lot designated areas provided the proposed uses should:
- not conflict with the agricultural, recreational or rural commercial/industrial uses on lands
adjacent to or in close proximity to the proposal;
- not compromise the safe, efficient operation of the road network or urban expansion of
neighbouring municipalities;
- comply with the pertinent development standards and requirements outlined in a detailed
area structure plan or conceptual scheme, if required, for the area, this land use district and
schedules of this bylaw.
2.
USES
(1) Permitted*
Accessory building and use
Greenhouse less than 500 sq. ft. (46.5 sq. m.)
Residential addition
Ready to move home (RTM)
Single family dwelling
Solar energy, household
Structural alteration
(2) Discretionary
Bed and breakfast
Cabin
Day care facility
Duplex
Family campground (in excess of 5 units)
Greenhouse greater than 500 sq. ft. (46.5 sq. m.)
Home occupation - Class 2
Modular home
Moved-in building
Public and institutional use
Public utility
Recreational vehicle storage
Residential dugout
Secondary suite
Second family dwelling
Shipping container
Wind energy conversion system - Category 1
* See Schedule 3, Development Not Requiring a Development Permit.
Schedule 2 - GCR | 2
Cardston County Land Use Bylaw No. 762.2021
(3) Prohibited
Cannabis production
Intensive livestock operation
Rural commercial/industrial
3.
PARCEL AND LOT SIZES
Parcel and lot sizes for all the permitted and discretionary uses listed above are:
(a) existing parcels;
(b) a minimum of 1.2 ha (3 acres) for unserviced lots; or
(c) a minimum of 0.6 ha (1.5 acres) for serviced lots.
3.1 USE CRITERIA - SUBDIVISION RESTRICTION
Notwithstanding anything to the contrary within this land use bylaw, the lands within this district
shall not be further subdivided to create additional parcels. Further subdivision would be
appropriate:
(a) for a lot line adjustment (for example to address an encroachment, or similar irregularity); or
(b) to reconfigure two or more contiguous parcels through re-subdivision and consolidation,
resulting in equal or lesser numbers of parcels.
The purpose and intent of this subdivision restriction is to ensure any use of the subject land provides
for the ongoing preservation of larger parcel country residential development within the
Municipality. For clarity, this subdivision restriction is a fundamental use criteria and shall not be
varied or waived by the Subdivision Authority, the Subdivision and Development Appeal Board, or
the Land and Property Rights Tribunal.
4.
MINIMUM SETBACK REQUIREMENTS
Use
Front Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
All uses
15.2
50
3.1
10
15.2
50
or 40 m (131 feet) from the centreline of a
municipal road allowance
5.
MAXIMUM SITE COVERAGE
Principle Building - 35%
Accessory Building - 10%
6.
AREA STRUCTURE PLANS / CONCEPTUAL SCHEMES
An area structure plan, if required by the Municipal Planning Commission for a grouped country
residential application, shall consider and address the following matters:
Cardston County Land Use Bylaw No. 762.2021
Schedule 2 - GCR | 3
(a) the implementation of urban expansion strategies of neighbouring municipalities;
(b) the safe and efficient use of nearby highways or secondary roads;
(c) possible future impact on resource developments;
(d) the effect on access to or development of existing or potential recreation amenities;
(e) the effect on surrounding agricultural operations;
(f)
the effect on a critical wildlife zone or environmentally sensitive area;
(g) the visual environment of the surrounding landscape;
(h) the natural amenities provided by the land. These amenities may include, but are not limited
to, varied topography, sloping land, a scenic view and tree cover;
(i)
area prone to flooding or groundwater inundation. These areas shall not be considered for
grouped country residential use;
(j)
water supply and sewage disposal for the proposed development;
(k) areas of historical and archaeological interest;
(l)
the proposed legal, physical and/or satisfactory access to the subdivision and/or development
area; and
(m) such other matters considered necessary and appropriate by the Municipal Planning
Commission.
7.
STANDARDS OF DEVELOPMENT - See Schedule 4.
8.
HOME OCCUPATIONS - See Schedule 6.
9.
SOLAR ENERGY SYSTEMS AND ALTERNATIVE/RENEWABLE ENERGY - See Schedule 8.
10. AREA STRUCTURE PLAN / CONCEPTUAL SCHEME REQUIREMENTS - See Schedule 11.
11. DEFINITIONS - See Schedule 15.
12. FEES - See Appendix C.
Cardston County Land Use Bylaw No. 762.2021
Schedule 2 - GCR-2 | 1
GROUPED COUNTRY RESIDENTIAL 2 - GCR-2
1.
INTENT
The intent of this land use district is to accommodate and regulate land use on subdivided lots which
are less than the conventional 1.2 ha (3 acre) parcel size.
2.
USES
(1) Permitted*
Accessory building and use
Boat house
Recreational vehicle
Residential addition
Ready to move home (RTM)
Single family dwelling
Solar energy, household
Structural alteration
Wind energy conversion system - Category 1
(2) Discretionary
Bed and breakfast
Greenhouse
Home occupation - Class 2
Mobile home
Modular home
Moved-in building
Secondary suite
Shipping container
(3) Prohibited
Rural commercial/industrial
3.
PARCEL AND LOT SIZES
Parcel and lot sizes for all permitted and discretionary uses listed above shall be a minimum of 0.2 ha
(0.5 acre), or existing parcels.
* See Schedule 3, Development Not Requiring a Development Permit.
Schedule 2 - GCR-2 | 2
Cardston County Land Use Bylaw No. 762.2021
4.
MINIMUM SETBACK REQUIREMENTS
Use
Front Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
All uses
7.6
25
1.5
5
7.6
25
5.
MAXIMUM LOT COVERAGE
(a) Principal building (dwelling) - 35%
(b) Accessory buildings
- 10%
6.
MINIMUM FLOOR AREA
Single family dwellings - at the discretion of the Development Officer
Accessory buildings - at the discretion of the Development Officer
7.
STANDARDS OF DEVELOPMENT - See Schedule 4.
8.
MOVED-IN BUILDINGS - See Schedule 5.
9.
HOME OCCUPATIONS - See Schedule 6.
10. SOLAR ENERGY SYSTEMS AND ALTERNATIVE/RENEWABLE ENERGY - See Schedule 8.
11. DEFINITIONS - See Schedule 15.
Cardston County Land Use Bylaw No. 762.2021
Schedule 2 - RSH | 1
RURAL SMALL HOLDINGS - RSH
1.
INTENT
The intent of this land use district is to accommodate no more than four 40-acre parcels in a quarter
section which are less than the minimum agricultural parcel size established for other areas of the
municipality.
2.
USES
(1) Permitted*
Accessory building and use
Home occupation - Class 2
Manufactured home
Modular home
Moved-in building
Residential addition
Ready to move home (RTM)
Secondary suite
Second family dwelling
Single family dwelling
Solar energy, household
Structural alteration
(2) Discretionary
Bed and breakfast
Day care facility
Duplex
Home occupation - Class 3
Family campground (in excess of 5 units)
Food processing
Food service/catering
Garden suite
Garage suite
Greenhouse
Household repair service
Kennel - Category 1 and 2
Market garden
Outdoor storage
Public and institutional use
Public and private utility
Recreational vehicle storage
School
* See Schedule 3, Development Not Requiring a Development Permit.
Schedule 2 - RSH | 2
Cardston County Land Use Bylaw No. 762.2021
Subsequent family dwelling
Taxidermy
Tower
Welding shop
Wind energy conversion system - Category 1
(3) Prohibited
Cannabis production
Grouped country residential
Rural commercial/industrial
3.
PARCEL AND LOT SIZES**
For all the permitted and discretionary uses listed above, the minimum parcel size shall be 16.2 ha
(40 acres).
4.
MAXIMUM NUMBER OF PARCELS
(1) The maximum number of parcels that may be created in this land use district shall not exceed
four (4) in total in a quarter section.
(2) The resubdivision of an existing rural small holdings parcel to create a smaller country residential
parcel shall not be allowed if the proposed number of parcels in the quarter section will exceed
four (4) in total unless the lands have been redesignated to accommodate the subdivision
proposal.
5.
MINIMUM SETBACK REQUIREMENTS
(1) All buildings, structures and development other than cultivation or grazing shall be setback from
lot or parcel boundaries at least:
(a) 40 m (131 feet) from the center line of any developed or undeveloped roadway not
designated as a highway in the Memorandum of Agreement between Alberta
Transportation and Cardston County;
(b) a minimum of 7.6 m (25 feet) from all property lines not fronting on or adjacent to a
municipal roadway;
(c) such distances as required by Alberta Transportation for designated highways in the
Memorandum of Agreement;
(d) any greater distance which may be required by the Development Officer or the Municipal
Planning Commission in order to facilitate future road widening, service road dedication,
or to reduce potential snow drifting.
** NOTE: The Municipal Planning Commission may grant minor parcel size variances to accommodate any existing registered
exceptions from the Certificate of Title.
Cardston County Land Use Bylaw No. 762.2021
Schedule 2 - RSH | 3
(b) The Municipal Planning Commission may establish a minimum setback from any existing
residence where a proposed discretionary use may be incompatible with the residential use.
6.
ACCESS / DEVELOPMENT AGREEMENTS
(1) The municipality may, at the time of subdivision or development approval, require the
developer to enter into a development agreement for the construction of any roadways,
approaches or improvements for access purposes necessary to serve the development area.
(2) The development agreement may be registered, by caveat, on the certificate of title that is the
subject of the proposed subdivision or development.
(3) As part of the development agreement, the municipality may establish the standard to which
any access construction shall be met or exceeded in accordance with County road policies and
standards.
(4) The municipality may require the developer to post a form of financial security to ensure the
access construction meets or exceeds County road policies and standards.
7.
OTHER USES / REDESIGNATION
(1) Other uses such as grouped country residential, noxious industry, rural recreational or rural
commercial/industrial are not accommodated in this land use district. As a result, those
proposed uses may require the landowner/developer to redesignate certain lands to a new or
different land use district other than Rural Small Holdings - RSH.
(2) The municipality may require a landowner/developer to prepare a detailed area structure plan
or conceptual scheme as a support document for a land use redesignation request to municipal
Council in accordance with Schedule 11 of this bylaw.
8.
STANDARDS OF DEVELOPMENT - See Schedule 4.
9.
MOVED-IN BUILDINGS - See Schedule 5.
10. HOME OCCUPATIONS - See Schedule 6.
11. WIND ENERGY CONVERSION SYSTEMS - See Schedule 7.
12. SOLAR / ALTERNATIVE ENERGY SYSTEMS - See Schedule 8.
13. KENNEL REGULATIONS - See Schedule 9.
14. CANNABIS REGULATIONS - See Schedule 10.
15. AREA STRUCTURE PLANS / CONCEPTUAL SCHEMES - See Schedule 11.
Schedule 2 - RSH | 4
Cardston County Land Use Bylaw No. 762.2021
16. SHIPPING CONTAINERS - See Schedule 12.
17. DEFINITIONS - See Schedule 15.
18. FEES - See Appendix C.
Cardston County Land Use Bylaw No. 762.2021
Schedule 2 - RR | 1
RURAL RECREATIONAL - RR
1.
INTENT
The intent of this land use district is to accommodate the subdivision and/or development of
recreational land uses and activities in Cardston County.
2.
USES
(1) Permitted*
Accessory building and use
Accessory structure
Cabin
Campground
Club house
Public and private recreation use
Public day use area
Recreational vehicle park
Residential in conjunction with an approved use
Riding arena
Riding stable
Solar energy, household
Structural alteration
Surveillance suite
(2) Discretionary
4-Season Campground
Bed and breakfast
Commercial cabin development
Commercial / private recreation
Convenience store
Driving range
Golf course
Greenhouse
Guest ranch
Modular home
Moved-in building
Public and private rifle range
Public and private utility
Ready to move home (RTM)
Recreational vehicle storage
Residential addition
Restaurant
* See Schedule 3, Development Not Requiring a Development Permit.
Schedule 2 - RR | 2
Cardston County Land Use Bylaw No. 762.2021
Retail
Rodeo grounds
Second family dwelling
Shipping container
Single family dwelling
Solar/alternative energy system
Vehicle and equipment rentals (recreation)
Wind energy conversion system - Category 1
(3) Prohibited
Confined feeding operation
Intensive livestock operation
Noxious industry
3.
PARCEL AND LOT SIZES
Use
Area Minimum
All uses
1.2 ha (3 acres) or existing titles
4.
MINIMUM SETBACK REQUIREMENTS
(1) All buildings, structures and development other than cultivation or grazing shall be setback from
lot or parcel boundaries at least:
(a) 40 m (131 feet) from the center line of any developed or undeveloped roadway not
designated as a highway in the Memorandum of Agreement between Alberta
Transportation and Cardston County;
(b) such distances as required by Alberta Transportation for designated highways in the
Memorandum of Agreement;
(c) any greater distance which may be required by the Development Officer or the Municipal
Planning Commission in order to facilitate future road widening, service road dedication,
or to reduce potential snow drifting.
5.
MINIMUM SETBACKS FROM PROPERTY LINES
All buildings and structures shall be setback a minimum of 7.6 m (25 feet) from all property lines not
fronting on or adjacent to a municipal roadway.
6.
SITE COVERAGE
The maximum site coverage for all the permitted and discretionary uses listed above:
(a) principal and accessory buildings - 50 percent; or
(b) as required by the Municipal Planning Commission.
Cardston County Land Use Bylaw No. 762.2021
Schedule 2 - RR | 3
7.
ACCESS / DEVELOPMENT AGREEMENTS
(1) The municipality may, at the time of subdivision or development approval, require the
developer to enter into a development agreement for the construction of any roadways,
approaches or improvements for access purposes necessary to serve the development area.
(2) The development agreement may be registered, by caveat, on the certificate of title that is the
subject of the proposed subdivision or development.
(3) As part of the development agreement, the municipality may establish the standard to which
any access construction shall be met or exceeded in accordance with County road policies and
standards.
(4) The municipality may require the developer to post a form of financial security to ensure the
access construction meets or exceeds County road policies and standards.
8.
AREA STRUCTURE PLANS / CONCEPTUAL SCHEMES
The Municipal Planning Commission may require the preparation of an area structure plan or a
conceptual scheme prior to considering an application or as a condition of approval for any use within
this land use district in accordance with Schedule 11 of this bylaw.
9.
ARCHITECTURAL CONTROLS
(1) The municipality may, at the time of subdivision or development approval, may require the
developer to provide detailed architectural controls establishing development standards and
restrictions for the development area.
(2) The architectural controls may be registered on the specific certificates of title by a restrictive
covenant.
(3) The performance and adherence to the standards and restrictions established in the
architectural controls shall be the sole responsibility of the developer or his/her agent.
10. STANDARDS OF DEVELOPMENT - See Schedule 4.
11. MOVED-IN BUILDINGS - See Schedule 5.
12. HOME OCCUPATIONS - See Schedule 6.
13. WIND ENERGY CONVERSION SYSTEMS - See Schedule 7.
14. SOLAR / ALTERNATIVE ENERGY SYSTEMS - See Schedule 8.
15. AREA STRUCTURE PLANS / CONCEPTUAL SCHEMES - See Schedule 11.
Schedule 2 - RR | 4
Cardston County Land Use Bylaw No. 762.2021
16. SHIPPING CONTAINERS - See Schedule 12.
17. DEFINITIONS - See Schedule 15.
Cardston County Land Use Bylaw No. 762.2021
Schedule 2 - RCI-1 | 1
RURAL COMMERCIAL/INDUSTRIAL 1 - RCI-1
1.
INTENT
The intent of this land use district is to accommodate one or more commercial and/or industrial land
uses within the municipality which will not compromise either the use of agricultural lands for
agriculture or the safe and efficient operation of the local and provincial transportation systems.
2.
USES
(1) Permitted*
Abattoir
Accessory building and use
Convenience store
Farm machinery and equipment sales
Farm service product sales
Financial service
Food service/catering
Highway commercial
Home occupation - Class 2
Intensive horticulture
Medical or dental facility
Mini storage facility
Office
Personal service
Restaurant and lounge
Retail store
Service station
(2) Discretionary
Animal care service
Auction mart
Auto wreckers
Automotive sales and service
Batch plant
Building supplies
Bulk fuel storage and sales
Car wash
Commercial recreation
Food processing
Grain terminal
Greenhouse
Group home
* See Schedule 3, Development Not Requiring a Development Permit.
Schedule 2 - RCI-1 | 2
Cardston County Land Use Bylaw No. 762.2021
Home occupation - Class 3
Hotel and motel
Light industrial/manufacturing
Lumber yard
Manufactured/modular home sales
Moved-in building
Private recreation
Public and institutional use
Public and private utility
Recreational vehicle sales
Residential accommodation secondary to an approved use
Retail shopping mall
Shipping Container
Solar/alternative energy system
Taxidermist
Warehousing
Wind energy conversion system
(3) Prohibited
Confined feeding operation
Grouped country residential
3.
PARCEL AND LOT SIZES
(a) Serviced lots
- 0.4 ha (1 acre)
(b) Unserviced lots
- 1.2 ha (3 acres)
4.
MINIMUM SETBACK REQUIREMENTS
(1) Use
Front Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
All uses
6.1
20
3.0
10
6.1
20
Fences
6.1
20
0
0
0
0
(2) All buildings, structures and development other than extensive cultivation or grazing on parcels
having frontage on a primary highway may have special requirements for setback, access and
service roadways as determined by the Municipal Planning Commission in accordance with the
requirements of Alberta Transportation and the Highways Development and Protection Act.
(3) All buildings, structures and development that is to be located in close proximity to an
escarpment, coulee break, river bank or other geographical feature may have special
requirements for setback as determined by the Municipal Planning Commission upon due
consideration of any comments from Alberta Environment and Parks if provided.
Cardston County Land Use Bylaw No. 762.2021
Schedule 2 - RCI-1 | 3
5.
SITE COVERAGE
The maximum site coverage for all the permitted and discretionary uses listed above is:
(a) Highway commercial
(i)
principal and accessory buildings - 50%; or
(ii) as required by the Municipal Planning Commission.
(b) Offices, Personal Services and Retail Outlets
(i)
principal and accessory buildings - 80%; or
(ii) as required by the Municipal Planning Commission.
(c) Solar energy systems - 90%
(d) All Other Uses
(i)
principal and accessory buildings - 50%; or
(ii) as required by the Municipal Planning Commission.
6.
REDESIGNATION AND REFERRAL REQUIREMENTS
(1) The Municipal Planning Commission may recommend to Council the designation of a rural
commercial/industrial land use district.
(2) Council or the Development Officer shall refer any proposed designation of a rural
commercial/industrial land use district to the municipality's planning advisor for comment prior
to making a decision.
(3) Council or the Development Officer shall refer any proposed designation or a rural
commercial/industrial land use district or any proposed commercial use located within 0.8 km
(½ mile) of a primary highway, except within a designated hamlet, to Alberta Transportation for
comment prior to making a decision.
(4) An application for commercial/industrial use which is:
(a) adjacent to or within an environmentally sensitive area, critical wildlife zone or regionally
significant area; or
(b) within 0.8 km (½ mile) of a primary highway, except within a designated hamlet;
shall be referred by the Development Officer to the municipality's planning advisor for comment
before the Municipal Planning Commission considers the application.
7.
AREA STRUCTURE PLANS / CONCEPTUAL SCHEMES
The Municipal Planning Commission may require the preparation of an area structure plan or a
conceptual scheme prior to considering an application or as a condition of approval for any use within
this land use district (see Schedule 11).
Schedule 2 - RCI-1 | 4
Cardston County Land Use Bylaw No. 762.2021
8.
SERVICES, TRANSPORTATION AND UTILITIES FACILITIES
(1) No application to locate or expand a land use shall be approved unless, in the opinion of the
Municipal Planning Commission, the proposed use will not have a detrimental effect on any:
(a) transportation or communication system, including highways, an airport site or
communication facility; or
(b) regionally significant services or utilities facilities, including irrigation works, pipelines and
power transmission lines.
(2) Any application for development located in the vicinity of a sour gas pipeline shall be circulated
to the Alberta Energy Regulator for comment and, in addition, any new residential development
shall be setback from a sour gas pipeline in accordance with the Subdivision and Development
Regulation.
9.
STANDARDS OF DEVELOPMENT - See Schedule 4.
10. SOLAR ENERGY SYSTEMS AND ALTERNATIVE/RENEWABLE ENERGY - See Schedule 8.
11. DEFINITIONS - See Schedule 15.
Cardston County Land Use Bylaw No. 762.2021
Schedule 2 - RCI-2 | 1
RURAL COMMERCIAL/INDUSTRIAL 2 - RCI-2
1.
INTENT
The intent of this land use district is to accommodate a commercial or industrial land use associated
with the development, production, operation and sale of medical and/or recreational cannabis
within the municipality.
2.
USES
(1) Permitted*
Accessory building, use or structure to an approved cannabis use
(2) Discretionary
Cannabis distribution wholesaling
Cannabis, licensed medical production
Cannabis, licensed recreational production
Cannabis production facility
Cannabis retail store
3.
PARCEL AND LOT SIZES
(a) Serviced lots
- 0.4 ha (1 acre)
(b) Unserviced lots
- 1.2 ha (3 acres)
4.
MINIMUM SETBACK REQUIREMENTS
Use
Front Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
All uses
40
131
3.1
10
7.6
25
Fences
6.1
20
0
0
0
0
Additional setbacks - see Schedule 10.
5.
DESIGNATION AND REFERRAL REQUIREMENTS
(1) The Municipal Planning Commission shall recommend to Council the designation of this rural
commercial/industrial land use district.
(2) Council or the Development Officer shall refer any proposed designation of this rural
commercial/industrial land use district to the municipality's planning advisor for comment prior
to making a decision.
* See Schedule 3, Development Not Requiring a Development Permit.
Schedule 2 - RCI-2 | 2
Cardston County Land Use Bylaw No. 762.2021
(3) Council or the Development Officer shall refer any proposed designation for this rural
commercial/industrial land use district or any proposed commercial use located within 0.8 km
(½ mile) of a primary highway, except within a designated hamlet, to Alberta Transportation for
comment prior to making a decision.
(4) An application for commercial/industrial use which is:
(a) adjacent to or within an environmentally sensitive area, critical wildlife zone or regionally
significant area; or
(b) within 0.8 km (½ mile) of a primary highway, except within a designated hamlet;
shall be referred by the Development Officer to the municipality's planning advisor for comment
before the Municipal Planning Commission considers the application.
6.
STANDARDS OF DEVELOPMENT - See Schedule 4.
7.
CANNABIS REGULATIONS - See Schedule 10.
8.
AREA STRUCTURE PLANS / CONCEPTUAL SCHEMES - See Schedule 11.
9.
DEFINITIONS - See Schedule 15.
Cardston County Land Use Bylaw No. 762.2021
Schedule 2 - RCI-3 | 1
RURAL COMMERCIAL / INDUSTRIAL 3 - RCI 3
1.
INTENT
The intent of this land use district is to accommodate a commercial or industrial land use associated
with the development, production, operation and sale of Liquor within the municipality.
2.
USES
(1) Permitted*
Accessory building, use or structure to an approved Liquor use
Class A Liquor Facilities - Minors Allowed (i.e. Restaurants, Hotels)
(2) Discretionary
Class A Liquor Facilities - Minors Prohibited (i.e. Bars and Lounges)
Class B Liquor Facilities (i.e. recreation facilities, tourist facilities, sport stadiums,
convention centre, theatre or public conveyance)
Class C Liquor Facilities (i.e. Private Clubs, Canteens, Lounges)
Class D Liquor Facilities (i.e. Liquor Stores, Manufactures off sales license)
Class E Liquor Facilities (i.e. Liquor Manufacturing, Micro Breweries)
Class F Liquor Facilities (i.e. Private small-scale manufacturing)
(3) Prohibited
3.
PARCEL AND LOT SIZES
(a) Serviced Lots - 0.4 ha (1 acre)
(b) Unserviced Lots
- 1.2 ha (3 acres)
4.
MINIMUM SETBACK REQUIREMENTS
Use
Front Yard
Side Yard
Rear Yard
m
ft
m
ft
m
ft
All uses
40
131
3.1
10
7.6
25
Fences
6.1
20
0
0
0
0
Additional Setbacks - see Schedule 13
Schedule 2 - RCI-3 | 2
Cardston County Land Use Bylaw No. 762.2021
5.
DESIGNATED AND REFERRAL REQUIREMENTS
(1) The Municipal Planning Commission shall recommend to Council the designation of this rural
commercial/industrial land use district.
(2) Council or the Development Officer shall refer any proposed designation of this rural
commercial/industrial land use district to the municipality's planning advisor for comment
prior to making a decision.
(3) Council or the Development Officer shall refer any proposed designation for this rural
commercial/industrial land use district, or any proposed commercial use located within 0.8 km
(1/2 mile) of a primary highway, except within a designated hamlet, to Alberta Transportation
for comment prior to making a decision.
(4) An application for commercial/industrial use which is:
(a) adjacent to or within an environmentally sensitive area, critical wildlife zone or regionally
significant area; or
(b) within 0.8km (1/2 mile) of a primary highway, except within a designated hamlet; shall be
referred by the Development Officer to the municipality's planning advisor for comment
before the Municipal Planning Commission considers the application.
6.
STANDARDS OF DEVELOPMENT - See Schedule 4
7.
LIQUOR REGULATIONS - See Schedule 13
8.
AREA STRUCTURE PLANS / CONCEPTUAL SCHEMES - See Schedule 11
9.
DEFINITIONS - See Schedule 15
Cardston County Land Use Bylaw No. 762.2021
Schedule 2 - DC | 1
DIRECT CONTROL - DC
1.
INTENT
To provide a means whereby Council may, on an individual basis, regulate and control the use and
development on subdivided land or within a specific area of the municipality where the
circumstances relating to the development or subdivision of the site are such that regulation and
control by use of the other land use districts in this bylaw is inadequate considering location, parcel
size or long-range planning goals.
2.
USES
Council may by bylaw, specify permitted and/or discretionary uses or any prohibited uses on a site-
specific basis.
3.
APPROVAL PROCEDURE
(1) Before Council considers an application for a use or development in the Direct Control District,
it shall:
(a) cause a notice to be issued by the Development Officer in accordance with Administration
Section 9 of this bylaw;
(b) hear any person that claims to be affected by the decision on the application.
(2) Council may then approve the application with or without conditions or refuse the application.
(3) When applicable, Council should seek comments from other agencies such as the planning
advisor, regional health authority or any applicable provincial government department.
4.
APPEAL PROCEDURE
Pursuant to section 641(4)(a) of the Municipal Government Act, if a decision with respect to a
Development Permit Application is made by Council, there is no appeal to the Subdivision and
Development Appeal Board.
5.
MINIMUM LOT SIZE
As required by Council.
6.
MINIMUM SETBACK REQUIREMENTS
As required by Council.
7.
MINIMUM LOT COVERAGE
As required by Council.
Schedule 2 - DC | 2
Cardston County Land Use Bylaw No. 762.2021
8.
MINIMUM BUILDING HEIGHT
As required by Council.
9.
STANDARDS OF DEVELOPMENT - See Schedule 4
10. MOVED-IN BUILDINGS - See Schedule 5
11. AREA STRUCTURE PLANS / CONCEPTUAL SCHEMES - See Schedule 11
12. DEFINITIONS - See Schedule 15
Schedule 3
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
Cardston County Land Use Bylaw No. 762.2021
Schedule 3 | 1
Schedule 3
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
1.
EXEMPTIONS
No development permit is required for any development that is specifically exempt by the Lieutenant
Governor in Council, pursuant to section 618(4) of the Municipal Government Act.
2.
DEVELOPMENT PERMIT NOT REQUIRED
No development permit is required for the following:
(a) the carrying out of works of maintenance and repair to any building, if such works do not include
structural alterations or major works of renovation;
(b) the completion of a building which was lawfully under construction prior to the adoption of this
bylaw provided that:
(i)
the building is completed in accordance with the terms of any permit granted by the
Development Officer or the Municipal Planning Commission in respect of it and subject to
the conditions to which that permit was granted; and
(ii) the building, whether or not a permit was granted in respect of it, is completed within a
period of 12 months from the date of the first publication of the official notice;
(c) the use of any building referred to in Section 2(b)(ii) of this schedule for the purpose for which
construction was commenced;
(d) the erection or construction of buildings, works, plants, or machinery needed in connection with
operations for which a development permit has been issued for the period of those operations;
(e) the maintenance and repair of public works, services and utilities carried out by or on behalf of
federal, provincial or public authorities on land which is publicly owned or controlled.
3.
AGRICULTURAL DEVELOPMENT
No development permit is required for any use, building or structure associated with Agriculture -
AG land use district that is a permitted or discretionary use in Schedule 2, and includes:
(a) extensive agriculture (cultivation and ranching);
(b) corrals and wooden fences;
(c) dugouts;
(d) farm gravel pits for own farm use;
(e) farm sheds, quonsets and barns;
(f)
granaries;
Schedule 3 | 2
Cardston County Land Use Bylaw No. 762.2021
(g) haystacks and livestock shelters;
(h) maintenance of existing buildings or structures;
(i)
farm related garages;
(j)
wind fences;
(k) water wells;
(l)
residential renovations not involving structural alterations;
(m) landscaping and sidewalks;
(n) election signs;
(o) farm identification signs;
(p) shipping containers (maximum 4);
(q) travel trailers storage for personal use;
(r) outdoor arenas;
(s) family campgrounds;
(t) windrows, shelter belts and fencing;
(u) Class 1 and 2 home occupations in the Agricultural - AG land use district;
unless the use, building or structure is to be built:
(i)
less than 39.9 m (131 feet) from the centre line of a road; or
(ii) on a flood plain, or less than 152.4 m (500 feet) from a flood plain; or
(iii) less than 304.8 m (1,000 feet) from a provincial highway;
in which instance a development permit and setback waivers are required.
4.
CLARIFICATION
If there is a doubt as to whether a development is of a kind listed above, the matter shall be referred
to the Municipal Planning Commission whose decision is final as to whether a development permit
is required.
5.
HOME OCCUPATIONS
Class 1 home occupations in the Hamlet - H, Grouped Country Residential - GCR, Grouped Country
Residential 2- GCR-2, Single Lot Country Residential - SCR, Rural Small Holdings - RSH, Rural
Recreational - RR and Rural Commercial/ Industrial - RCI-1 districts do not require development
permits.
Cardston County Land Use Bylaw No. 762.2021
Schedule 3 | 3
6. FAMILY CAMPGROUNDS
Family campgrounds, up to 5 units, do not require a development permit in the Hamlet - H, Grouped
County Residential - GCR, Single Lot County Residential - SCR and Rural / Small Holdings - RSH land
use districts.
Schedule 4
STANDARDS OF DEVELOPMENT
Cardston County Land Use Bylaw No. 762.2021
Schedule 4 | 1
Schedule 4
STANDARDS OF DEVELOPMENT
1.
QUALITY OF DEVELOPMENT
The Development Officer, the Municipal Planning Commission, or in the case of Direct Control,
Council, may require additional standards as conditions of a development permit, in order to improve
the quality of any proposed development within any land use district.
2.
RETAINING WALLS
A retaining wall may be required as a condition of development if, in the opinion of the Development
Officer or the Municipal Planning Commission, the construction could impact slope stability, building
integrity, or affect an adjacent property.
3.
FENCES
(1) Fences in rear and side yards shall be limited to no greater than 1.8 m (6 feet) in height unless a
waiver has been issued.
(2) Post and rail and barbed-wire fences not posing a snow drifting problem may be located on
property line.
(3) Fences may be located on a property line in all land use districts.
4.
DEVELOPMENT AGREEMENTS
Where a development is proposed in any land use district requiring servicing beyond which the
municipality might normally supply, the Municipal Planning Commission may require a development
agreement establishing the responsibilities of the developer(s) and such an agreement be registered
on title by caveat.
5.
HAZARDOUS CHEMICAL STORAGE
No hazardous chemical (as defined in the Alberta Environmental Protection and Enhancement Act)
shall be permitted to be stored or kept within a Hamlet, Single-Lot Country Residential, Grouped
Country Residential or Rural Recreational land use district.
6.
OUTDOOR FUEL STORAGE
The outdoor storage of fuel in any non-agricultural land use district shall be suitably fenced to the
satisfaction of the appropriate Fire Marshall.
Schedule 4 | 2
Cardston County Land Use Bylaw No. 762.2021
7.
REFUSE COLLECTION ON CONSTRUCTION SITES
All refuse on any construction site shall be properly screened from view and contained in an approved
enclosure until such time as disposal occurs.
8.
ENVIRONMENTAL DEVELOPMENT CONDITIONS
Development permit conditions may be required to satisfactorily minimize:
(a) soil erosion and coulee slumping;
(b) contamination of air or water;
(c) hindrance or alteration of water flow to a lake, river or reservoir;
(d) compromising the aesthetic quality of a scenic area;
(e) damage to an ecologically sensitive habitat or area of historic importance;
(f)
conflicts with surrounding land uses;
(g) development within 100 m (328 feet) of a waterbody or an environmentally significant area,
critical wildlife zone or regionally sensitive area.
9.
COULEE AND WATERBODY SETBACK REQUIREMENTS
(1) No development shall occur within the distances calculated using the "Guidelines for the
Subdivision of Land Adjacent to Steep Valley Banks" or subsequent guidelines provided by
Alberta Environment and Parks (Figures 4.1 and 4.2, and Table 1) (see diagram below).
(2) Development within the distances calculated using the "Guidelines for the Subdivision of Land
Adjacent to Steep Valley Banks" or subsequent guidelines provided by Alberta Environment and
Parks may be allowed on the basis of soils studies prepared by an engineer qualified in the field
of soils analysis.
(3) The Municipal Planning Commission shall require soils tests to be provided in support of any
development permit application or subdivision application where they determine there is risk
for soil failures.
Cardston County Land Use Bylaw No. 762.2021
Schedule 4 | 3
Figure 4.1 - Cross-section of River Valley
Table 1
Guidelines for the Setback of Lot Boundaries from a River Valley Crest
where the Grade of the Adjacent Valley Bank Exceeds 15%
LOT BOUNDARY SETBACK
SLOPE FACTOR
H1 x 2.0
H x 2.5
H x 3.0
LATERAL RIVER EROSION OF
TOE OF SLOPE
No Erosion2
Minor Active Erosion
Major Active Erosion3
SLOPE STEEPNESS
>15 to 50%
(>8.5 to 26.6 degrees)
51 to 100%
(27.0 to 45 degrees)
more than 100%
SLOPE FAILURE ON BANK
No Failure, Minor4
Inactive
Minor Active, Major5
Inactive
Major Active Failure
PAST & EXISTING ANTHROPOGENIC
DISTURBANCE6
No Disturbance
to Moderate
Major Disturbance
PROPOSED ANTHROPOGENIC
DISTURBANCE
Minor to Moderate
Disturbance
Major Disturbance
1
The valley bank height, H is defined as the vertical distance from the valley crest to the toe of slope.
The toe of slope may be found either where the valley bank meets a terrace or where it directly enters the water
course.
2
an abandoned slope with the toe protected by a terrace
3
occurs on an outside bend of a river meander or opposite an island
4
minor refers to shallow slope failures, surface sloughing
5
major refers to deep seated slope failures involving the entire valley bank
6
man-induced disturbance such as excavating, filling, recontouring, drainage works, reservoirs, mining and tunnelling,
utilities and roads
Schedule 4 | 4
Cardston County Land Use Bylaw No. 762.2021
Figure 4.2 - Drawing of River Valley
Cardston County Land Use Bylaw No. 762.2021
Schedule 4 | 5
(4) The Municipal Planning Commission shall require a flood risk analysis for development permit
applications or subdivision applications for properties located in any river valley, drainage
course or within 30.48 m (100 feet) of the high water mark of other water bodies such as lakes.
The analysis shall use the "Guidelines for the Subdivision of Land in Areas Adversely Affected by
River Flooding and Erosion".
(5) The Municipal Planning Commission shall require an applicant for a development permit or
subdivision approval to undertake a geotechnical study to determine slope stability where they
determine there is a risk for slope failure.
10. DRAINAGE
(1) At the discretion of the Development Officer or Municipal Planning Commission, the applicant
shall be required to grade a parcel so all surface water shall drain from the building and site
improvements in accordance with Alberta Environment regulations.
(2) The Development Officer or Municipal Planning Commission shall approve parcel and building
elevations if drainage from existing elevations may affect adjacent parcels.
(3) No development shall alter the historic drainage patterns of the immediate area unless
authorized by Alberta Environment and Parks.
11. AREA STRUCTURE PLAN / CONCEPTUAL SCHEME REQUIREMENTS
The Development Authority may require an applicant submit an area structure plan or a conceptual
scheme prior to the designation of, or consideration for, development. Such plans shall address the
following concerns to the satisfaction of the Municipal Planning Commission, including the:
(a) lot design, servicing, legal, physical and/or satisfactory access and sequence of development;
(b) undevelopable on-site areas subject to flooding, groundwater inundation, slumping and
erosion;
(c) on-site areas of historical or archaeological significance;
(d) impact on the urban expansion strategies of any neighbouring municipality;
(e) impact on the safe, efficient operation of designated highways or rural roads;
(f)
impact on future resource development of the area;
(g) impact on, access to or development of existing or potential recreation amenities;
(h) impact on wildlife habitats, natural areas and ecological reserves;
(i)
potential conflicts with adjacent or surrounding land uses, particularly agricultural operations
and irrigation systems;
(j)
construction and financial responsibilities of the developer (development agreement);
(k) FireSmart provisions for the area;
Schedule 4 | 6
Cardston County Land Use Bylaw No. 762.2021
(l)
proposal results in six parcels or more in a quarter section, a certified report shall be prepared
in accordance with the "Report Requirements under Section 23 of the Water Act for Subdivision
Development";
(m) areas of historic or archaeological significance;
(o) any other matters considered necessary by the Municipal Planning Commission (see
Schedule 11).
Schedule 5
MOVED-IN BUILDINGS/STRUCTURES/RESIDENCES
Cardston County Land Use Bylaw No. 762.2021
Schedule 5 | 1
Schedule 5
MOVED-IN BUILDINGS / STRUCTURES / RESIDENCES
1.
GENERAL REQUIREMENTS
(1) No building greater than 27.9 m2 (300 sq. ft.) shall be relocated onto a different lot or parcel
unless a development permit has been issued and any conditions of approval met.
(2) The building and the land upon which it is to be located shall be subject to all conditions and
standards specified for the particular land use district involved.
2.
APPLICATION FOR DEVELOPMENT PERMIT
The Development Officer or the Municipal Planning Commission may require any or all of the
following be provided before an application to relocate a building from one lot to another can be
accepted as a completed application:
(a) details of the purpose for which the building is to be used;
(b) the name and consent of the registered owner of the site to which the building is to be moved;
(c) written confirmation from a certified building inspector, at the applicant's cost, that the building
meets, or can be made to meet, the provincial building code;
(d) details of the building's size and structural condition;
(e) details of any proposed improvements, alterations or renovations;
(f)
an accurate plot or site plan of the site to which the building is to be moved;
(g) one or more recent colour photographs depicting different sides of the building.
3.
CONDITIONS OF APPROVAL
The Municipal Planning Commission may attach any or all of the following conditions to a
development permit to relocate a building:
(a) improvements, alterations or renovations required to meet other provisions of this bylaw, or to
make the building compatible with surrounding uses and developments;
(b) specified improvements or alterations to the building and/or its proposed site to be completed
by a certain date;
(c) a standardized security be provided to ensure that required improvements take place;
(d) the requirement of a building permit being obtained from a certified agency.
Schedule 5 | 2
Cardston County Land Use Bylaw No. 762.2021
4.
PERMIT VALIDITY
(1) No building shall be relocated until at least 21 days after the date of notification of the issuance
of the development permit or, in the event of an appeal, until the appeal is decided.
(2) All structural and exterior renovations to a moved-in building shall be completed within 12
months of the issuance of a development permit.
(3) This schedule applies to both non-residential and residential structures with the exception of
manufactured homes and new modular housing.
5.
SECURITY
The Municipal Planning Commission, as a condition of a development approval, shall require the
developer to provide a standardized $5,000.00 financial security with the municipality to ensure that
any necessary improvements and/or standards are met, in accordance with the County's Fee
Schedule.
Schedule 6
HOME OCCUPATIONS
Cardston County Land Use Bylaw No. 762.2021
Schedule 6 | 1
Schedule 6
HOME OCCUPATIONS
1.
CATEGORIES
For the purpose of this schedule and bylaw, the following classes shall be used to distinguish various
home occupations:
Class 1 means a home occupation which involves the establishment only of an in-home office, phone
and no more than two business vehicles.
Class 2 means a home occupation which may include one or more of the Class 1 criteria as well as
one or more of the following:
(a) an exterior identification sign;
(b) an in-home retail sales area;
(c) an area for outdoor storage;
(d) the generation of pedestrian and vehicular traffic to the home occupation;
(e) the use of a garage or non-residential building for the activities associated with the home
occupation;
(f)
the use of three or more business vehicles;
(g) the use and storage of motorized equipment;
(h) one off-premises sign.
Class 3 means a home occupation which may include one or more of the Class 1 and 2 criteria as well
as one or more of the following:
(a) the manufacturing, processing, assembly, packaging, storage, warehousing, shipping, wholesale
distribution and/or retail sales of goods and services resulting from the home occupation;
(b) two or more off-premises signs.
2.
APPLICATION
An application for a home occupation shall be considered by the Municipal Planning Commission or
the Development Officer upon an application filed by the registered owner of the property unless a
permit is not required as per Schedule 3 of this bylaw.
3.
DISPLAYS / STORAGE
The issuance of a development permit for a Class 1 home occupation should not involve the display
or storage of goods or equipment outside or inside the premises where these items are exposed to
public view from the exterior.
Schedule 6 | 2
Cardston County Land Use Bylaw No. 762.2021
4.
COMPATIBILITY WITH NEIGHBOURHOOD
(1) No variation in the residential character and appearance of the dwelling, accessory residential
building, or land should be permitted.
(2) No offensive noise, vibration, electrical interference, smoke, dust, odours, heat or glare
produced by the use shall be discernible beyond the premises.
5.
CONDITIONS OF APPROVAL
Permits issued for home occupations shall be subject to the conditions attached and may be revoked
at any time if, in the opinion of the Municipal Planning Commission, the use is, or has become
detrimental to the residential character of and amenities of the neighbourhood.
6.
SIGNS
Permits for signs shall be in accordance with the Cardston County Sign Bylaw.
Schedule 7
WIND ENERGY CONVERSION SYSTEMS (WECS)
Cardston County Land Use Bylaw No. 762.2021
Schedule 7 | 1
Schedule 7
WIND ENERGY CONVERSION SYSTEMS (WECS)
1.
DEFINITIONS
The following definitions apply to this part:
Blade - A part of a WECS rotor which acts as a single airfoil, to extract kinetic energy directly from the
wind.
Blade Clearance - The distance from grade to the bottom of the rotor's arc.
External Parcel Boundary - The property boundary for lands which are outside the footprint of the
wind farm and adjacent to the WECS, where adjacent refers to lands contiguous in nature and not
separated by a municipal road allowance.
Horizontal Axis Rotor - A wind energy conversion system, typical of conventional or traditional
windmills.
Internal Parcel Boundary - The property boundary for lands which are within the footprint of the
wind farm.
Rotor's Arc - The largest circumferential path travelled by a WECS' blade.
Total Height - The height from grade to the highest vertical extension of a WECS. In the case of a
WECS with a horizontal axis rotor, total height includes the distance from grade to the top of the
tower, plus the distance from the top of the tower to the highest point of the rotor's arc.
Tower - The structure which supports the rotor above grade.
Vertical Axis Rotor - A wind energy conversion system where the rotor is mounted on an axis
perpendicular to the earth's surface.
Small Scale Wind Energy Conversion System (Category 1) - A wind energy conversion system less
than 6.1 m (20 feet) in height consisting of a single structure with the capacity to generate electricity
only for the property owner's use on the site it is located, and not supplying power to the grid.
Wind Energy Conversion System (WECS) (Category 2) - A wind energy conversion system of one or
more structures designed primarily for the property owner's use but capable of producing excess
power supplying the provincial grid system.
Wind Energy Conversion System (WECS) (Category 3) - A wind energy conversion system of one or
more structures designed to convert wind energy into mechanical or electrical energy on one or more
parcels of land for commercial purposes.
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Cardston County Land Use Bylaw No. 762.2021
2.
INFORMATION REQUIREMENTS
All development applications for a WECS, depending upon category, shall be required to be
accompanied by the following:
Category 1
Category 2
Category 3
(a) a site plan showing and labeling the information
outlined in this schedule, and the location of
overhead utilities on or abutting the subject lot or
parcel;
(b) a detailed public consultation process, complete
with a summary report;
(c) an analysis of the visual impact of the project with
respect to the scenic qualities of the municipal
landscape, including the cumulative impact of
other WECS in the area and the impact of
overhead collection lines;
(d) scale elevations or photographs of the proposed
WECS showing total height, tower height, rotor
diameter, and colour;
(e) the manufacturer's specifications indicating:
(i)
the WECS rated output in kilowatts;
(ii) safety features and sound characteristics;
(iii) type of material used in tower, blade, and/or
rotor construction;
(f)
a noise analysis at the site of the installation and
the boundary of the property containing the
development, to ensure consistency with AUC
Rule 12 and Noise Directive 038;
(g) specifications on the foundations and/or anchor
design, including location and anchoring of any
guy wires;
(h) proof of the applicant's circulation to required
regulatory agencies and government
departments;
Cardston County Land Use Bylaw No. 762.2021
Schedule 7 | 3
Category 1
Category 2
Category 3
(i)
information regarding general public safety;
(j)
impacts to the local road system including
required approaches from public roads;
(k) a plan outlining site decommissioning and
reclamation;
(l)
a description of potential impacts on existing or
nearby WECS and wind infrastructure on adjacent
properties.
3.
REFERRALS
Prior to making a decision on a development application for a WECS, the Development Officer or
Municipal Planning Commission shall refer and consider the input of the following if provided:
- Culture, Multiculturalism and Status of Women,
- Alberta Electric System Operator (AESO),
- Alberta Environment and Parks,
- Alberta Transportation,
- Alberta Utilities Commission,
- Navigation Canada, and
- Transport Canada.
4.
SETBACKS
(1) A WECS shall be located at a distance of twice the height of the WECS, as measured from grade
to the highest point of rotor's arc, from any dwelling or at the distance established by the 'AUC
Rule 012: Noise Control' and the greater distance shall be applied.
(2) A WECS should be located so the outside of the rotor arc is a minimum of 10 m (32.8 feet) from
the vertical projection of the internal parcel boundary and the total height plus ten (10) percent
from any external parcel boundary. These setbacks shall apply only when adjacent parcels are
held by different landowners.
(3) The setback for a WECS shall be a minimum of 100 m (328 feet) from a municipal road allowance.
5.
MINIMUM BLADE CLEARANCE
The minimum vertical blade clearance from grade shall be 7.5 m (24.6 feet) for a WECS employing a
horizontal axis rotor unless otherwise required by the Municipal Planning Commission.
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Cardston County Land Use Bylaw No. 762.2021
6.
COLOUR AND FINISH
(1) A WECS shall be finished in a non-reflective matte and colour which minimizes the obtrusive
impact of a WECS, to the satisfaction of the Development Officer or Municipal Planning
Commission.
(2) The wind turbines may display the developer's and/or manufacturer's logos and identification
lettering on the structure.
7.
NUMBER OF WECS
(1) Two or more WECS on a parcel or lot will be considered a multiple WECS for the purposes of this
bylaw.
(2) The Development Officer or Municipal Planning Commission may approve multiple WECS on a
case-by-case basis having regard for:
(a) proximity to other immediate land uses,
(b) density of WECS,
(c) underlying utilities,
(d) information received through the circulation process and at the development hearing.
Schedule 8
SOLAR ENERGY SYSTEMS AND
ALTERNATIVE/RENEWABLE ENERGY
Cardston County Land Use Bylaw No. 762.2021
Schedule 8 | 1
Schedule 8
SOLAR ENERGY SYSTEMS AND
ALTERNATIVE/RENEWABLE ENERGY
1.
SOLAR ENERGY SYSTEMS
Definitions
Solar energy system, agricultural, is a system using solar panels to collect solar energy from the sun
and convert it to energy to be used for on-farm purposes, agricultural production or processing and
on-site consumption. These energy systems are connected to the power grid and may augment the
grid from time to time.
Solar energy system, commercial/industrial, is a system using solar technology to collect energy
from the sun and convert it to energy to be used for off-site consumption, distribution to the
marketplace, or a solar energy system not meeting the definition of solar energy systems, household.
Solar energy system, household, is a photovoltaic system using solar panels to collect solar energy
from the sun and convert it to electrical, mechanical, thermal or chemical energy intended for
primarily the use and consumption on-site, by the landowner, resident or occupant. Solar energy
system, household has an installation capacity of up to a maximum of 5 megawatts. These energy
systems are connected to the power grid and may augment the grid from time to time.
Solar Energy System, Household Applications
(1) Development applications for solar energy system, household, shall be accompanied by the
following information:
(a) documentation showing the system is designed to produce energy for primarily the use and
consumption on site by the landowner, resident or occupant;
(b) manufacturer's specifications for system design, installation and output capacity;
(c) orientation and placement of solar panels on the site including setbacks from the property
lines;
(d) manufacturer's specification and design drawings for panels mounted to the roof or walls
of a building or accessory structure, including how the panels are to be affixed, maximum
projection from the roof or wall, and structural capacity of the roof or wall to support the
proposed development;
(e) for free-standing solar panels, a description of the proposed ground mount design and
maximum height from the existing grade; and
(f)
documentation showing all systems for mounting and securing meets Safety Code
requirements.
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Cardston County Land Use Bylaw No. 762.2021
(2) Solar energy system, household, shall adhere to the following:
(a) panels shall be located so they do not create a glare on or impact neighbouring parcels or
public roadways, in a way it unduly affects the amenities of the neighbourhood, or presents
a danger to the travelling public;
(b) panels mounted to a roof of a building or accessory structure shall not extend beyond the
outermost edge of the roof;
(c) panels mounted to a roof or wall of a building or accessory structure shall not project more
than 0.45 m (1.5 feet) from the surface;
(d) the maximum height of a free-standing solar panel shall not exceed 3.6 m (12 feet);
(e) setbacks prescribed in the land use district or those setbacks established by a condition
applied to a development permit shall prevail; and
(f)
the maximum number of panels per parcel shall be regulated by the Development
Authority, subject to the existing use of the parcel and the current use of adjacent parcels.
Solar Energy System, Commercial/Industrial Applications
(3) Development applications for solar energy system, commercial/industrial, shall be accompanied
by the following information:
(a) location of overhead utilities on or adjacent to the subject parcel;
(b) location and identification of environmentally sensitive areas on the parcel where the
panels are to be located;
(c) detailed site plan showing the titled parcel(s), location of the solar energy system, required
setbacks, existing structures, distance from adjacent lands and public roadways;
(d) details regarding the system type, number of structures, height of structures, energy
process, grid connection and rated output;
(e) details regarding signage, public safety and security measures;
(f)
site suitability analysis, including but not limited to, topography, soils characteristics and
classification, storm water collection and management, road accessibility, grading and
drainage plan, availability of water supply, sewage disposal and solid waste disposal if
required, compatibility with surrounding land uses, potential impacts on agricultural land,
potential visual impacts and consistency with the Municipal Development Plan;
(g) impacts on the local road system including approaches;
(h) post construction and decommissioning plan detailing removal of all solar energy structures
and the reclamation of the lands back to or as close as possible, to its natural state; and
(i)
environmental impact assessment prepared by a qualified professional demonstrating site
suitability, impact mitigation ad reclamation requirements.
Cardston County Land Use Bylaw No. 762.2021
Schedule 8 | 3
Public Consultation
(4) The applicant, or agent, shall advertise and host at least one open house or public meeting, in
the general area of the site proposed for development, and provide proof of the meeting with
a summary of the findings, to the municipality prior to the Municipal Planning Commission
meeting, where the application will be heard.
Additional Approvals
(5) Copies of regulatory approvals, utility permits and any other approvals required by the federal
and/or provincial government shall be provided to the municipality.
Protection of Agricultural Lands
(6) In order to minimize the impact on agricultural lands, the:
(a) siting of solar energy systems, commercial/industrial should take place on lands considered
to be low production, in dry corners, or on poor agricultural land with a Canada Land
Inventory (CLI) soil classification of 4 through 7;
(b) use of irrigated land, native prairie grassland, and high quality agricultural soils with a
Canada Land Inventory (CLI) soils classification of 1 through 3, should be discouraged.
Notification
(7) Development applications shall be referred to and comments be considered, if provided from:
(a) provincial and federal agencies, including but not limited to:
- Agriculture and Forestry,
- Culture, Multiculturalism and Status of Women,
- Alberta Energy Systems Operator (AESO),
- Alberta Environment and Parks,
- Alberta Transportation,
- Alberta Utilities Commission,
- NavCanada, and
- Transport Canada;
(b) adjacent municipalities; and
(c) landowners within 3.2 km (2 miles) of the proposed site consistent with 'AUC Rule 007'
guidelines for public notification, or in accordance with an existing Intermunicipal
Development Plan, or both.
Additional Conditions
(8) Depending on the size, type and site of the project being proposed, the Development Officer or
Municipal Planning Commission may require the applicant to comply with any or all of the
following standards or conditions:
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Cardston County Land Use Bylaw No. 762.2021
(a) surface drainage shall be contained on the site, by a system approved by Alberta
Environment and Parks, to ensure adjacent water bodies are not affected by run-off;
(b) a surface drainage plan shall be prepared by an engineer, at the developer's expense;
(c) redesignation of the property to the appropriate land use designation prior to making a
development application;
(d) a road use agreement, complete with security shall be entered into as a condition of
development; and
(e) a development agreement shall be entered into and registered on the title of the lands
where the project is sited.
2.
ALTERNATIVE/RENEWABLE ENERGY SYSTEMS
Definitions
Alternative/renewable energy, commercial/industrial means a use producing energy fuelled in
ways not using natural resources such as fossil fuels, but is derived from sources such as geo-thermal,
solar, water, wind, waste and waste by-products, which is then sold by off-site distribution to the
market place.
Alternative/renewable energy, individual means a use producing energy without the use of natural
resources such as fossil fuels, but is derived from sources such as geo-thermal, solar, water, wind,
waste and waste by-products, used on-site for the sole consumption of the landowner, resident or
occupant.
Anaerobic digester means a facility or system designed to process animal manure, organic or septic
waste for conversion to bio-gas, which is then used to heat water or create electricity or organic
fertilizer.
Biodiesel means alternative fuel produced from but not limited to renewable resources such as soy
oil, animal fat or vegetable oil, by using a chemical process.
Bioenergy means the development of energy stored in organic matter such as wood, wood chips,
bark, agricultural residue, and animal manure, used to generate electricity using thermal treatments,
anaerobic digestion, biofuel or landfill methane.
Biofuel means a fuel derived from biological raw materials or biomass, such as animal manure.
Fermentation means the process of extracting energy from the oxidation of organic compounds.
Gasification means the process of converting organic or fossil based carbonaceous materials into
carbon monoxide, hydrogen and carbon dioxide.
Geothermal energy means thermal energy generated and stored in the Earth.
Cardston County Land Use Bylaw No. 762.2021
Schedule 8 | 5
Mechanical biological treatment system means a waste processing facility combined with a sorting
facility applying a biological treatment such as composting or aerobic digestion.
Micro-hydro means hydroelectric power producing up to 100 kW of electricity using the natural flow
of water.
Waste-to-Energy means the process of creating electricity or heat from the incineration of a waste
source.
Permit Required
(1) All alternative/renewable development projects such as, but not limited to, anaerobic digester,
biodiesel, bioenergy, biofuel, gasification, geothermal energy, mechanical biological treatment
system, micro-hydro and waste-to-energy, require a development permit. This section is
specific and applies to those commercial/industrial projects whose intent is to sell or export
energy off-site.
Information Requirements
(2) Development applications for alternative/renewable energy, shall be accompanied by the
following information:
(a) site plan showing and labelling the proposed development showing setbacks, building and
structure sizes and location on the site, and distance to adjacent properties;
(b) site suitability analysis, including but not limited to, topography, soils characteristics and
classification, storm water collection and management, road accessibility, grading and
drainage plan, availability of water supply, sewage disposal and solid waste disposal if
required, compatibility with surrounding land uses, potential impacts on agricultural land,
potential visual impacts and consistency with the Municipal Development Plan;
(c) detailed information on the type of facility, structure or system and the energy process
involved;
(d) manufacturer's specifications including the rated output in megawatts and safety features;
(e) impact analysis addressing sound, lighting, odour, by-products, waste products, traffic
impacts on local and provincial roads, and haul routes;
(f)
verification of a proposed water source, if required for the facility including water usage
and reclamation;
(g) information regarding emergency response plan, safety plan for operations and general
public safety;
(h) decommissioning plan and reclamation plan.
Public Consultation / Commercial Operations
(3) The applicant, or agent, shall advertise and host at least one open house or public meeting, in
the general area of the site proposed for development, and provide proof of the meeting with
Schedule 8 | 6
Cardston County Land Use Bylaw No. 762.2021
a summary of the findings, to the municipality prior to the Municipal Planning Commission
meeting where the application will be heard.
Setbacks
(4) The buildings or structures of a commercial or industrial energy project shall comply with all the
property line and public roadway setbacks as established in the district in which the project is
proposed.
(5) In addition to the requirements in (4) above, structures or facilities related to waste-to-energy,
anaerobic digesters, biodiesel or biofuels development shall not be located within:
(a) 304.8 m (1000 feet) of any residence, food establishment or public use facility;
(b) 121.9 m (400 feet) of any boundary or right-of-way of an irrigation district canal, creek,
river, stream, lake shore or water body;
(c) parts of the project limited to transmission lines may be allowed within 30.48 m (100 feet)
of those indicated in subsection (b) at the discretion of the Municipal Planning Commission
subject to compliance with federal or provincial regulation.
(6) The Municipal Planning Commission may require larger minimum setbacks than stated in this
section, having regard for the location of the development, potential environmental impacts,
adjacent land uses and any determined natural, scenic, ecologically significant or
environmentally significant features of the site or adjacent sites which may be affected by the
development.
Notification
(7) Development applications for a commercial or industrial energy project may be referred to
provincial and federal agencies, including but not limited to:
- Agriculture and Forestry,
- Culture, Multiculturalism and Status of Women,
- Alberta Energy Systems Operator (AESO),
- Alberta Environment and Parks,
- Alberta Sustainable Resource Development,
- Alberta Transportation,
- Alberta Utilities Commission,
- Natural Resources Conservation Board,
- NavCanada,
- Transport Canada,
and adjacent municipalities and landowners within 3.2 km (2 miles) of the proposed site or in
accordance with an existing Intermunicipal Development Plan.
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Schedule 8 | 7
Additional Conditions
(8) Depending on the size, type and site of the project being proposed, the Municipal Planning
Commission may require the applicant comply with any or all of the following standards:
(a) surface drainage must be contained on the site, by a system approved by Alberta
Environment and Parks, to ensure adjacent water bodies are not affected by run-off;
(b) surface drainage plan must be prepared by an engineer, at the developer's expense;
(c) redesignation of the property to the appropriate land use designation;
(d) any biodiesel waste or water contaminated with biodiesel, is prohibited to be discharged
directly into any sewer or water body;
(e) any licence, permit, approval or authorization granted by a provincial or federal regulatory
body shall be filed with the municipality and adhered to;
(f)
a road agreement, complete with security as required by the Municipal Planning
Commission, shall be entered into as a condition of development; and
(g) a development agreement shall be entered into and registered on the title of the lands
where the project is sited.
Site Specific Energy Generating Facilities
(9) Energy generating facilities whose energy is not distributed off site where the energy generating
facility is located may be approved on a case-by-case basis by the Municipal Planning
Commission taking into regard the applicable standards of this bylaw and provincial and federal
regulations.
Schedule 9
KENNEL REGULATIONS
Cardston County Land Use Bylaw No. 762.2021
Schedule 9 | 1
Schedule 9
KENNEL REGULATIONS
1.
DEFINITIONS
Kennel - Category 1 means a commercial establishment in which three or less dogs, more than one
year old, are housed, groomed, bred, boarded, exercised, trained and/or sold over a period of time
but excludes a veterinary clinic.
Kennel - Category 2 means a commercial establishment in which more than three dogs, more than
one year old, are housed, groomed, bred, boarded, exercised, trained and/or sold over a period of
time but excludes a veterinary clinic.
2.
APPLICATION
(1) An application for a development permit shall be made to the Development Officer by
submitting:
(a) a completed development application in Form A of Appendix D;
(b) the fee prescribed in Appendix C;
(c) a site plan showing the legal description, property lines, setbacks, easements, and the
location of existing and proposed development in relation to lot boundaries; and
(d) floor plans and elevations at a minimum scale of 1:200 or such other scale as required by
the Development Officer.
(2) Buildings or exterior exercise area(s) shall not be used to accommodate dogs within 304.8 m
(1000 feet) of a dwelling located on adjacent parcels and a diagram indicating the distances shall
be submitted with the development permit application.
(3) The Municipal Planning Commission shall determine the maximum number of adult dogs kept
at any one time by the kennel owner.
3.
CONSTRUCTION STANDARDS
(1) Dog facilities, including buildings and exterior exercise areas, shall be located to the rear of the
principal building and be constructed to the following standards:
(a) interior walls and ceilings shall be constructed of washable building material;
(b) exterior walls shall be fire-resistant and impervious to moisture;
(c) doors, window frames and window sashes shall be impervious to moisture and rodent
resistant;
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Cardston County Land Use Bylaw No. 762.2021
(d) insulation shall be required; and
(e) all facilities shall have ventilation and light.
(2) Pens, rooms, exercise runs, and holding stalls shall be soundproofed if deemed necessary by the
Municipal Planning Commission which shall base its decision on the number of animals to be
kept at the kennel, the proximity of the kennel to other uses and/or other kennels, and adverse
effects on the amenities of the area.
(3) All kennel facilities shall be screened by visual and sound barriers, fences and/or landscaping, to
the satisfaction of the Municipal Planning Commission.
4.
HOURS OF OPERATION
In addition to soundproofing requirements, the times at which the animals are allowed outdoors may
be regulated.
5.
HEALTH REQUIREMENTS AND INSPECTION REPORTS
(1) Kennel facilities shall be operated in accordance with provincial health regulations. All
excrement and similar waste shall be disposed of in a manner acceptable to Alberta Health
Services.
(2) As a condition of approval, the Municipal Planning Commission shall require the applicant to
submit an inspection report, prepared by a Doctor of Veterinary Medicine, to the municipality
on an annual basis.
6.
SUPERVISION
As a condition of development approval, the Municipal Planning Commission may establish hours of
supervision for the animals housed at a kennel.
Schedule 10
CANNABIS REGULATIONS
Cardston County Land Use Bylaw No. 762.2021
Schedule 10 | 1
Schedule 10
CANNABIS REGULATIONS
1.
DEFINITIONS
For the purpose of this schedule of the Land Use Bylaw, the following definitions shall apply:
Cannabis refers to the plant Cannabis sativa and is as defined in the Government of Canada Cannabis
Act.
Cannabis accessory refers to the products used in the consumption of cannabis and is as defined in
the Government of Canada Cannabis Act.
Cannabis distribution and wholesaling means an activity regulated by the province through the
Alberta Gaming, Liquor and Cannabis Commission (AGLC) where cannabis is provided from the
grower to the retailer.
Cannabis, licensed medical production means the authorized horticultural production and
processing of cannabis for medical purposes and pharmaceutical prescriptions.
Cannabis, licensed recreational production means the authorized horticultural production and
processing of cannabis to supply cannabis retail stores to sell to consumers of a legal age.
Cannabis production facility means a development where medical and/or recreational cannabis is
grown, processed, packaged, tested, stored, destroyed or loaded for shipping.
Cannabis retail store means a business which has been licensed by the province to sell cannabis and
cannabis accessories to consumers of a legal age.
2.
APPLICABILITY
The requirements of this schedule apply to all cannabis retail stores, and cannabis production
facilities.
3.
CANNABIS RETAIL STORE
All cannabis retail stores shall meet the following requirements:
(1) Prior to applying for a municipal development permit for a cannabis retail store, the applicant is
required to apply to the Alberta Gaming, Liquor and Cannabis Commission (AGLC) for a
determination of eligibility to obtain a license, and submit verification of the AGLC eligibility as
part of the development application.
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Cardston County Land Use Bylaw No. 762.2021
(2) As part of the development application, the applicant shall demonstrate how the building
location and design comply with all requirements under the Alberta Gaming, Liquor and
Cannabis Regulation.
(3) The developer or applicant or owner shall provide copies of all approved Alberta Gaming, Liquor
and Cannabis Commission licenses as a condition of the development permit.
(4) The business must obtain and maintain a current business license.
(5) The hours of operation for the business may be established as a condition of a development
approval.
(6) All signage for the cannabis retail store use shall be in accordance with the Alberta Gaming,
Liquor and Cannabis Regulation.
4.
CANNABIS PRODUCTION FACILITY
All cannabis production facilities shall meet the following requirements:
(1) The owner or applicant must provide, as a condition of development permit, a copy of the
current license for all activities associated with cannabis production as issued by Health Canada.
(2) The owner or applicant must obtain any other required approval, permit, authorization, consent
or license to ensure compliance with applicable federal, provincial or other municipal legislation.
(3) The development must be done in a manner where all of the processes and functions are fully
enclosed within a stand-alone building including all loading stalls and docks, and garbage
containers and waste material.
(4) The development shall not operate in conjunction with another approved use.
(5) The development shall not include an outdoor area for storage of goods, materials or supplies.
(6) The development must include equipment designed and intended to remove odours from the
air where it is discharged from the building as part of a ventilation system.
(7) The Municipal Planning Commission may require, as a condition of a development permit, a
public utility and waste management plan, completed by a qualified professional including detail
on:
(a) the incineration of waste products and airborne emissions, including smell;
(b) the quantity and characteristics of liquid and waste material discharged by the facility; and
(c) the method and location of collection and disposal of liquid and waste material.
Cardston County Land Use Bylaw No. 762.2021
Schedule 10 | 3
5.
SETBACKS
For the purposes of sections 640(7), 642(5) and 687(3) of the Municipal Government Act, a premises
described in a cannabis licence may not have any part of an exterior wall located within 500 m
(1640 feet) of:
(a) a provincial health care facility or a boundary of the parcel of land on which the facility is located;
(b) a building containing a school or a boundary of a parcel of land on which the building is located;
or
(c) a boundary of a parcel of land designated as school reserve or municipal and school reserve
under the Municipal Government Act.
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Cardston County Land Use Bylaw No. 762.2021
Schedule 10 | 5
Schedule 11
AREA STRUCTURE PLAN/
CONCEPTUAL SCHEME REQUIREMENTS
Cardston County Land Use Bylaw No. 762.2021
Schedule 11 | 1
Schedule 11
AREA STRUCTURE PLAN / CONCEPTUAL SCHEME REQUIREMENTS
1.
INTRODUCTION
The following guidelines provide pertinent information for applicants who have been directed to
prepare detailed subdivision and/or development plans prior to a land use redesignation or a
subdivision or development application being filed with the municipality.
2.
DEFINITIONS
Area structure plan means a statutory plan, adopted by municipal bylaw, prepared in accordance
with section 634 of the Municipal Government Act and the local Municipal Development Plan for the
purpose of providing a framework for subdivision and development of land in the municipality.
Conceptual scheme means an area structure plan which has not been adopted by municipal bylaw.
3.
AREA STRUCTURE PLAN / CONCEPTUAL SCHEME REQUIREMENTS
Depending on the magnitude or complexity of a development and/or subdivision proposal, the
Municipal Planning Commission may require an applicant to submit an area structure plan or
conceptual scheme prior to a land use redesignation or consideration of a subdivision and/or
development proposal within the following land use districts:
- Grouped Country Residential - GCR
- Grouped Country Residential 2 - GCR-2
- Rural Commercial/Industrial 1 - RCI-1
- Rural Commercial/Industrial 2 - RCI-2
- Rural Recreational - RR
- Direct Control 1 - DC-1
If required, such plans shall address the following issues or concerns to the satisfaction of the
Municipal Planning Commission, including the:
(a) lot design, servicing, legal, physical and/or satisfactory access, and sequence of development;
(b) undevelopable on-site areas subject to flooding, groundwater inundation, slumping and
erosion;
(c) on-site areas of historical or archaeological significance;
(d) impact on the urban expansion strategies of any neighbouring municipality;
(e) impact on the safe, efficient operation of nearby highways or rural roads;
(f)
impact on future resource development of the area;
(g) impact on, access to or development of the areas existing or potential recreation amenities;
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Cardston County Land Use Bylaw No. 762.2021
(h) impact on vicinity wildlife habitats, natural areas and ecological reserves;
(i)
potential conflicts with adjacent or surrounding land uses;
(j)
construction and financial responsibilities of the development (development agreement);
(k) if within 1.6 km (1 mile) of a provincial highway, any comments from Alberta Transportation;
(l)
if the proposal would result in six parcels or more in a quarter section, a certified report shall be
prepared in accordance with the "Report Requirements under Section 23 of the Water Act for
Subdivision Development" as produced by Alberta Environment, September 1999. The costs of
preparation, evaluation, interpretation and/or distribution of the said report shall be borne by
the applicant and the results shall be forwarded to the Regional Director for the Water Act for
interpretation, evaluation and comment;
(m) FireSmart provisions in the area; and
(n) any other matters considered necessary by the municipality.
4.
AREA STRUCTURE PLAN / CONCEPTUAL SCHEME COMPONENTS
(a) Legal, Physical and/or Satisfactory Access
Prior to the municipal Council considering an area structure plan, a conceptual scheme or a
bylaw amendment to accommodate a subdivision and/or development proposal, the developer
shall demonstrate that the project land has or will have a legal, physical and/or satisfactory
means of access.
(b) Lot Sizes
The minimum lot size for any or all country residential parcels shall be 0.4 ha (1 acre) unless
waived to a lesser amount by the Municipal Planning Commission.
(c) Parcel Densities
The plan or scheme shall identify, at full build-out, the maximum amount of lots proposed for
the development area.
(d) Conceptual Designs
An application for a multi-lot or recreational proposal shall be accompanied by a detailed site
plan showing all proposed lots and future development area on the said parcel. The site plan
shall be drawn to scale and a copy submitted to the Development Officer when an application
is filed with the municipality.
(e) Contours
Where developments are proposed to be built in areas of slopes greater than 10 percent or
where roads and water channelization are to be incorporated into the development, a detailed
contour map shall be prepared for the development area.
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Schedule 11 | 3
(f)
Water Supply
The area structure plan or conceptual scheme shall describe the water supply proposed for the
development area. An indication of the number and location of wells or the number and
capacity of cisterns shall be provided by the developer.
NOTE:
If wells are to be used individually or as a community water supply, the developer is encouraged
to have the said well(s) licensed with the Groundwater Branch of Alberta Environment and Parks.
(g) Sewage Disposal
The area structure plan or conceptual scheme shall describe the sewage disposal system
proposed for the development area. Septic fields or pump-out systems shall be used for private
sewage disposal systems based on geotechnical information provided by the developer. All
sewage installations shall be in accordance with the Private Sewage Disposal Systems
Regulation.
(h) Types of Subdivision
The Municipal Planning Commission is the Subdivision Authority having jurisdiction in the
County. An application that proposes a multi-lot subdivision shall be undertaken either by a
plan of survey or by a condominium plan (if bareland is involved).
NOTE:
An undivided interest whereby a number of land owners are identified on one or more certificate
of title does not constitute a subdivision of land.
(i)
Development Agreements
Pursuant to the Municipal Government Act the municipality may, at the time of subdivision or
development, require the developer to enter into a development agreement for the
construction of roadways and/or servicing necessary to serve the development area.
NOTE:
The municipality may require the developer to provide a form of security to ensure that any or
all aspects of the agreement are undertaken to the satisfaction of the County.
(j)
Geotechnical Reports
As a requirement of the area structure plan or conceptual scheme, geotechnical reports may be
required by the municipality. The said reports may require the following testing and subsequent
reports to be undertaken:
- percolation,
- aquifer and groundwater analysis,
- slope stability,
- drainage.
(k) Architectural Controls
As a development standard of the area structure plan or conceptual scheme, architectural
controls are suggested to be supplied by the developer to ensure all development in the
Schedule 11 | 4
Cardston County Land Use Bylaw No. 762.2021
development area is consistent with neighbouring property. These controls shall be registered
concurrently by a Restrictive Covenant at the time a plan of survey is filed with Land Titles Office
and the sole responsibility of the developer to invoke and enforce.
(l)
Phasing of Subdivision and Development
The developer shall provide to the municipality a detailed time frame that outlines the timing
they envision for the consideration and subsequent decision on their development and/or
development application.
(m) Public Participation Process and Consultation
The developer shall provide to the municipality a detailed outline of the proposed public
participation process for the development and/or subdivision. An indication of the time and
place of public meetings as well as consultation with the elected officials and affected
community residents is encouraged.
(n) Transportation Routes and Public Utilities
A requirement of an area structure plan or conceptual scheme is to indicate and provide
locations of existing and proposed transportation routes and public utilities which will serve the
development area.
(o) Municipal Reserve Dedications
Pursuant to the Municipal Government Act, the municipality may require the applicant
proposing a multi-lot subdivision to provide up to 10 percent of the development area for
Municipal Reserve purposes. As the municipality's existing policy is to take money in place of
land for this purpose, a market analysis provided by the developer or a price agreed upon by
both parties will be used to determine the value of reserve owing on the proposal.
(p) Subdivision and Development Referrals
The developer may be required to obtain other regulatory approvals from the appropriate
agencies and government departments that have jurisdiction on proposed uses. The
municipality is required to refer certain applications to various agencies and departments for
their comments and consent.
NOTE:
A municipal approval does in no way absolve a developer from obtaining any other necessary
local, provincial or federal approvals including the requirement to undertake an environmental
impact assessment.
(q) Historic Resources
Subdivision or development proposals for lands identified that contain, or are likely to contain,
historic or archaeological significance may be required to conduct a Historic Resources Impact
Assessment prior to the onset of development activities in consideration of the requirements of
the provincial Historical Resources Act and any directives from Culture, Multiculturalism and
Status of Women. If required, this assessment shall be conducted by a qualified consultant on
behalf of the proponent at the proponent's expense.
Cardston County Land Use Bylaw No. 762.2021
Schedule 11 | 5
(r) Other Development Considerations
The developer, in preparing the area structure plan or conceptual scheme, shall provide details,
including but not limited to, the following matters:
- garbage disposal,
- fire protection (location of on-site or nearby water reservoirs),
- school bus service,
- location, width and turning radius of existing and proposed roadways,
- access and egress to the proposal,
- a statement of all intended land uses for the development site,
- types and location of fencing proposed for the development,
- the environmental impacts on lands and wildlife in the immediate area,
- the FireSmart provisions for the area.
(s) Municipal Prerogatives
The municipality, at its sole discretion, may undertake any or all of the following:
- adopt a duly prepared area structure plan by municipal bylaw, or prepare a conceptual
scheme which will govern subsequent subdivision and development of the specific area,
- may change any or all of the guidelines or requirements outlined in the above-noted
sections,
- may waive the requirements to provide any of the information discussed in these
guidelines if the components are not necessary for the area,
- may waive the lot sizes or the parcel densities proposed in these guidelines,
- may require the developer to provide a higher standard of servicing than outlined in the
Land Use Bylaw or a statutory plan based on the density or complexity of a development
proposal,
- may require the developer to provide any additional information not addressed or
contemplated in these guidelines.
Schedule 12
SHIPPING CONTAINERS
Cardston County Land Use Bylaw No. 762.2021
Schedule 12 | 1
Schedule 12
SHIPPING CONTAINERS
1.
GENERAL STANDARDS
(1) Shipping containers shall only be allowed in the land use districts where they are listed as a
permitted or discretionary use in Schedule 2, Land Use District Regulations.
(2) An application for a development permit for a proposed shipping container(s) shall be
completed and submitted to the Development Officer along with the appropriate application
fee. At least two recent colour photographs of each container (one end view and one side view)
shall accompany the application.
(3) There shall be a principal use on the property where the shipping container is proposed, except
as provided in Section 2 of this schedule.
(4) The maximum number of shipping containers permitted on a lot shall be regulated by the
Development Officer or the Municipal Planning Commission.
(5) Where multiple shipping containers are permitted on a lot, they shall be stacked no more than
two containers high.
(6) The Development Officer or Municipal Planning Commission may require as a condition of
approval that any shipping container be maintained to the satisfaction of the Municipal Planning
Commission.
(7) The Development Officer or Municipal Planning Commission may require as a condition of
approval that any shipping container be screened from view or landscaped.
(8) The exterior of all shipping containers should be kept clean.
(9) Shipping containers should not display advertising, company logos, names or other marketing
without an approved sign permit.
(10) The Development Officer or Municipal Planning Commission may regulate the time period for
which a development permit is valid through the issuance of a temporary permit. The validity
of a temporary permit shall not exceed one year.
(11) A development that proposes to convert shipping containers to use as a building or structure
for a different use may be considered by the Development Officer or Municipal Planning
Commission subject to the following:
(a) the use is a permitted or discretionary use in the applicable land use district in which the
development is proposed;
Schedule 12 | 2
Cardston County Land Use Bylaw No. 762.2021
(b) the shipping container conversion will be able to meet all applicable building and safety
code requirements; and
(c) the Development Officer or Municipal Planning Commission is satisfied that the design,
character and appearance of the finished building is compatible with other buildings in the
vicinity and that the design, character and appearance of the building is consistent with the
purpose of the land use district in which the building is located.
(d) The Development Officer or Municipal Planning Commission may require engineering
reports, structural engineer's stamped schematic drawings, and building inspection reports
in consideration of approving a development permit for a shipping container conversion.
2.
TEMPORARY SHIPPING CONTAINERS
A shipping container may be placed temporarily on a construction site, for the period of construction
only, in any land use district without obtaining a development permit subject to the following
provisions:
(a) the shipping container is needed in connection with construction of a development for which a
development permit has been issued;
(b) the construction site is active (i.e. construction has commenced and is on-going or is about to
commence within one week); placement of a shipping container on an inactive construction site
is not permitted;
(c) no more than one shipping container is placed on the construction site (a development permit
will be required for any additional shipping containers that are required);
(d) the exterior of the shipping container is kept clean and does not display any advertising other
than the company logo or trademark;
(e) in hamlet land use designations, the shipping container shall be located a minimum of 3.05 m
(10 feet) from the front property line and 1.52 m (5 feet) from the side and rear property lines;
(f)
in rural land use designations, the placement of the shipping container shall comply with public
roadway setback requirements;
(g) the shipping container shall be removed immediately upon completion of construction.
Cardston County Land Use Bylaw No. 762.2021
Schedule 12 | 3
3.
SHIPPING CONTAINERS ASSOCIATED WITH AGRICULTURE
Within the Agricultural - AG land use district, a maximum of four shipping containers are permitted
without obtaining a development permit subject to the following provisions:
(a) the shipping containers are associated with agriculture;
(b) the lot upon which the containers are placed is 1.21 ha (3 acres) or greater in size;
(c) the location of the containers comply with the public roadway setback requirements of the land
use district;
(d) the exterior of the shipping containers be kept clean and regularly maintained;
(e) the shipping containers should not display advertising, company logos, names or other
marketing without an approved sign permit.
Schedule 13
LIQUOR REGULATIONS
Cardston County Land Use Bylaw No. 762.2021
Schedule 13 | 1
LIQUOR REGULATIONS
1.
DEFINITIONS
For the purpose of schedule B of the Land Use Bylaw, the definitions located in the Gaming, Liquor,
and Cannabis Act shall apply and the following definitions will also apply:
Gaming, Liquor and Cannabis Act - The ACT approved by the Province of Alberta to regulate
Gaming, Liquor and Cannabis.
Gaming, Liquor and Cannabis Regulation - as per Alberta Regulation 143/1996
Liquor means any wine, beer, cider, spirits, or other product that is intended for human
consumption in which the percentage of alcohol by volume exceeds an amount prescribed by the
regulations, unless the product is secluded from the definition of liquor by board regulations
under section 130 of the Gaming, Liquor, and Cannabis Act.
Class A Liquor Facilities means the authorization of the licensee to have a Licensed Premises the
licensed premises under a Class A Liquor license must be premises that any member of the public
is permitted to enter, such as a restaurant or Hotel.
Class B Liquor Facilities means the authorization of the licensee to have a Licensed Premises must
be a recreational facility, tourist facility, racetrack, sports stadium, convention centre, theatre or
public conveyance in which entrance is restricted to persons who purchase a ticket or pay a user
fee or on some other basis acceptable to the board.
Class C Liquor Facilities means the authorization of the licensee to have a licensed premises must
be a club, canteen, travellers' lounge or institution in which entrance is restricted to members and
their guests, residents and their guests or on some other basis acceptable to the board.
Class D Liquor Facilities means a retail liquor store who can purchase, possess, store, and sell
liquor approved by the board.
(a) General Merchandise liquor store licence; authorizes the licensee to do the things that
a retail liquor store licence authorizes in conjunction with a general merchandising
business.
(b) General off sale license authorizes a person who holds a Class A liquor licence premises
in a hotel or for a licensed premises other than a hotel that are approved by the board.
(c) manufactures off sales license authorizes a person who holds a licence referred to in
section 55(a) or (b) in the Regulation.
(d) sacramental wine resale licence.
(e) delivery service licence
(f) commercial caterer licence.
Class E Liquor Facilities means a facility authorized to manufacture liquor on site, and to
manufacture, possess, and store its manufactured liquor.
Schedule 13
Schedule 13 | 2
Cardston County Land Use Bylaw No. 762.2021
(a) The facility can either sell to the Commission, provide liquor to its employees and their
guests for consumption on site.
(b) If the facility also holds a Class A or B licence the facility can also sell the manufactured
liquor for consumption on the premises.
(c) If the facility also holds a Class D licence the facility can also sell the manufactured
liquor for consumption off premises.
Class F Liquor Facilities means a facility authorized to permit adults to make wine, cider or beer
up to the quantity approved by the board, to charge a fee for permitting adults to make and store
wine, cider or beer, and to store the wine, cider or beer.
2.
APPLICABILITY
The requirements of this schedule apply to all liquor establishments and stores, and liquor
manufacturing facilities.
3.
LIQUOR FACILITY GUIDELINES
All Liquor Facilities shall meet the following requirements:
(1)
Prior to applying for a municipal development permit for a Liquor Facility, the applicant is
required to apply to the Alberta Gaming, Liquor, and Cannabis Commission (AGLC) for a
determination of eligibility to obtain a license and submit verification of the AGLC
eligibility as part of the development application.
(2)
As part of the development application, the application shall demonstrate how the
building location and design comply with all requirements under the Alberta Gaming
Liquor and Cannabis Commission licenses as a condition of the development permit.
(3)
The developer or applicant or owner shall provide copies of all approved Alberta Gaming,
Liquor and Cannabis Commission licenses as a condition of the development permit.
(4)
The business must obtain and maintain a current business license.
(5)
The hours of operation for the business may be established as a condition of a
development approval.
(6)
All signage for the liquor establishment shall be in accordance with the Alberta Gaming,
Liquor and Cannabis Regulation.
(7)
The owner or applicant must obtain any other required approval, permit, authorization,
consent, or license to ensure compliance with applicable federal, provincial, or other
municipal legislation.
(8)
The Municipal Planning Commission may require, as a condition of a development permit,
a public utility and waste management plan, completed by a qualified professional
including detail on:
Cardston County Land Use Bylaw No. 762.2021
Schedule 13 | 3
(a) The quantity and characteristics of liquid and waste material discharged by the facility;
and
(b) the method and location of collection and disposal of liquid and waste material.
4.
SETBACKS
For the purposes of sections 640(7), 642(5) and 687(3) of the Municipal Government Act, a
premises described in a Liquor License may not have any part of an exterior wall located within
500m (1640 feet) of:
(a)
a provincial health care facility or a boundary of the parcel of land on the which the facility
is located.
(b)
a building containing a school or boundary of parcel of land on which the building is
located: or
(c)
a boundary of a parcel of land designated as school reserve or municipal and school
reserve under the Municipal Government Act.
Schedule 14
CAMPGROUNDS
Cardston County Land Use Bylaw No. 762.2021
Schedule 14 | 1
Schedule 14
CAMPGROUNDS
1.
INTENT
(1) For the purposes of this Bylaw, any development that contains or provides for two or more
camping units for commercial camping purposes is considered a campground and must apply
for and obtain a development permit and/or building permits.
2.
DEVELOPMENT PERMIT APPLICATIONS
(1) An application for a development permit shall include:
(a)
a site plan illustrating in detail the proposed improvements to the site, including camping
areas, roadways, natural barriers, landscaping, perimeter fencing, storage areas,
playgrounds, and utility areas;
(b)
an analysis of biophysical characteristics of the subject lands, including how
environmentally sensitive areas and species will be protected;
(c)
a utility servicing plan indicating how water and sewer will be provided and managed;
(d)
floor plans, elevations, and sections of the buildings as required by the Development
Officer for any proposed buildings
(e)
a Operations Management Plan including hours and season of operation, number of
employees, site security, camping rules, refuse management, and any other relevant
matters;
(f)
a fire and emergency management plan, approved by the local Fire Chief.
3.
GENERAL DESIGN STANDARDS
(1) The following design standards shall be adhered to during the development and operation of a
campground or recreational vehicle park:
(a)
minimum site area of 1.2 ha (3 acres) unless otherwise allowed by the Development
Authority;
(b)
the campground layout shall promote the conservation and management of habitat,
wetlands, and coulees/steep slopes;
(c)
a minimum 7.6 m (25 ft) natural or landscaped defensible space buffer shall be provided
from property line and maintained free of camping stalls or units;
(d)
a minimum of 30.0 m (100 ft) or 40.0 m (131 ft) (which ever is greater) natural or
landscaped defensible space buffer shall be provided from the property line paralleling a
County road allowance and maintained free of camping stalls or units;
Schedule 14 | 2
Cardston County Land Use Bylaw No. 762.2021
(e)
a minimum of 10 percent of the total site shall be set aside in a location suitable to the
Development Authority and shall be designed to provide adequate and safe follow of
traffic;
(f)
each campsite stall much be accessed by an internal road;
(g)
internal roads shall be surfaced to the satisfaction of the Development Authority and shall
be designed to provide adequate and safe flow of traffic;
(h)
fires will be permitted only in designated fire pits or other such facilities;
(i)
potable water and sewage disposal much be provided to the satisfaction of the
Development Authority and to provincial standards;
(j)
all campsite boundaries shall be defined on the ground by permanent flush stakes, or
markers, with a stall number or other identification system;
(k)
if fences are designed or required by the Development Authority, they shall be uniform
in design and maintained in a safe and attractive condition;
(l)
minimum of one parking stall per campsite; No parking shall be allowed within Cardston
County road allowances;
(m)
a landscaping plan that retains and supplements natural vegetation shall be provided to
the satisfaction of the Development Authority.
(2) Campgrounds may allow for stays for season occupancy only, or a different period at the
discretion of the Development Authority in accordance with Section 4 of this Schedule.
(3) Construction of roads and/or approaches leading to a proposed or enlarged campground or
recreational vehicle park may be required as a condition of development approval. An existing
road or approach may be required to be upgraded to sustain the volume and type of traffic to
be generated by the proposed campground.
(4) One on-site operator suite/residence for all season use may be allowed.
(5) Noise control measure may be required and may include the use of berms, natural barriers and
screens and locating noise-insensitive aspects of the campground or recreational vehicle park
close to the noise source.
(6) All facilities shall meet the standards of the Recreation Area Regulation from the Alberta Health
Act and all other public health regulations and be kept in a manner satisfactory to Alberta Health
Services.
(7) All facilities shall meet the standards of the Alberta Building Code and kept in a manner
satisfactory to the Safety Codes Act.
(8) No additions can be done unless a development permit from Cardston County is approved, and
Building Permits from Cardston County (or its contractor) is obtained.
Cardston County Land Use Bylaw No. 762.2021
Schedule 14 | 3
4.
4-SEASON DESIGN STANDARDS
Means an area where two or more campsites are located by camping units (holiday or tent trailers,
recreation vehicles, tents and similar equipment) by the public as living quarters for personal,
recreation, education, or vacation purposes. This use requires additional conditions on the
Campground approval that would guarantee safe living through all times of the year, such as
underground water systems, underground sewer systems, and power. Campground owner must
provide all service buildings required by the Alberta Building Code and the Alberta Recreation
Area Regulation, and other regulations required for safe living conditions.
(1) All Design Standards from the previous Section 3. General Design Standards must be followers.
(2) Campground owner must keep internal roads plowed and in proper order at all times of the
year.
(3) Each site must have portable water system available all year around by either a community
water system, underground Cistern, or other water delivery system approved the Development
Authority and Alberta Health Services.
(4) The Campground owner must provide the availability of potable water that is delivered by a
water system that undergoes routine monitoring and microbiological sampling. This must be
provided by either an underground waterline built and maintained in accordance with Alberta
Environment and Protected Areas or Alberta Health Services standards from an approved
potable water facility. Or hauled from an approved facility, hauled by proper CSA approved
water tanks marked "POTABLE WATER ONLY" by the owner or by delivery contract. Method of
providing Potable Water must be approved by the Development Authority and Alberta Health
Services.
(5) Each site must have an underground septic system available all year around by either a
community septic system, underground holding tank, or other sewer systems approved by the
Development Authority, Safety Code Act, Alberta Health Services and/or Alberta Environment
and Protected Areas.
(6) The Campground owner must provide the Septic Removal Services themselves or by an
approved contractor. The disposal of the effluent must be disposed of at a proper disposal side
that is monitored and reported to Alberta Environment and Development Authority and Alberta
Health Services.
(7) Each site must have an all year around electrical and/or LP gas available.
(8) Campground owner must provide garbage facilities as per the Alberta Recreation Area
Regulation.
(9) All 4-Season RVs must be property anchored, Building Permits from Cardston County (or their
Contractor) must be obtained to ensure proper anchoring.
Schedule 14 | 4
Cardston County Land Use Bylaw No. 762.2021
(10) All RV units proposed to be used as 4-seasons must prove the ability to use within the winter
months including but not limited too:
(a) Proper insulation for Waterlines and Septic lines.
(b) Proper CSA approved heaters for indoor use, with proper ventilation.
(c) CSA Z240 and/or CSA Z241 compliant.
(d) Any other standard practice for safe Winter RV use.
(11) Campground Owner must apply to Cardston County through the development permit process
prior to any site being used as 4-Season to ensure all conditions above are complied with.
Schedule 15
DEFINITIONS
Cardston County Land Use Bylaw No. 762.2021
Schedule 15 | 1
Schedule 15
DEFINITIONS
In this bylaw, words used in the singular include the plural,
and words using the masculine gender include the feminine gender.
A
Abattoir means a licensed facility where animals are killed and processed into meat products for human
consumption.
Access, legal means the registration of an easement, access right-of-way plan or a surveyed road on a
Certificate of Title which provides access and/or egress for an individual or beneficiary to a specific
property.
Access, physical means a surveyed road, used as a public road, built to a municipal standard, which
provides year round access and/or egress to a specific property.
Access, satisfactory means a registered easement, access right-of-way plan or surveyed road, which is not
built to a municipal standard, providing access and/or egress to a specific property on a year round, fair-
weather or seasonal basis.
Accessory building means any building:
(a) which is separate from the principal building on the lot on which both are located and the use of
which the Development Officer or Municipal Planning Commission decides is normally subordinate
and incidental to the principal building; or
(b) the use of which the Development Officer or Municipal Planning Commission decides is normally
subordinate and incidental to the principal use of the site on which it is located.
Accessory development means a building or use which is subordinate, incidental and directly related to
the principal use of the premises, building, or site and which does not substantially add to the patronage,
volume of traffic, or intensity of the use of the premises, building or parcel. An accessory building or use
shall be located on the same parcel as the principal use and shall not precede the development of the
principal building or use unless authorized by the Municipal Planning Commission.
Accessory structure means a building or structure detached from a principal building, normally ancillary,
incidental, subordinate to the principal building or use. Typical accessory structures include flagpoles,
swimming pools, propane tanks, satellite dishes, garages, and garden sheds. When a building is attached
to the principal building by a roof, a floor or foundation above or below grade, it is part of the principal
building.
Schedule 15 | 2
Cardston County Land Use Bylaw No. 762.2021
Accessory use means a use or development customarily incidental and subordinate to the principal use
or building and is located on the same parcel as the principal use or building.
Addition means any construction increasing the size of a building or structure in terms of site coverage,
height, length, width, or gross floor area.
Adjacent means land which is contiguous or would be contiguous if not for a river, stream, railway, road
or utility right-of-way or reserve land.
Agriculture - see "Extensive agriculture".
Agricultural Operation Practices Act (AOPA) means the Agricultural Operation Practices Act, Revised
Statutes of Alberta, 2000, Chapter A-7, as amended.
Airplane hangar means a structure used to house, store or maintain airplanes.
Airport apron means the area of an airport where aircraft are parked, unloaded, refuelled, or boarded.
Airport site means the lands used for the operation of an airport.
Airstrip means a small landing area having only one runway, with no other airport facilities.
Alternative/renewable energy means a use which produces energy in ways which do not use natural
resources such as fossil fuels, but is derived from sources such as geo-thermal, solar, water, wind, waste
and waste by-products.
Amusement arcade means a facility where mechanical or electronic games are kept for the purpose of
providing entertainment or amusement to the public for a fee.
Animal care service, large means development used for the care, treatment, boarding, breeding or
training of animals and livestock within or outside buildings and includes the sale of associated products.
This use includes veterinary offices or hospitals, animal shelters, boarding and breeding, facilities for
impounding and quarantining animals and related research facilities.
Animal care service, small means development for the on-site treatment or grooming of small animals
such as household pets, where on-site accommodation is not normally provided and where care and
confinement facilities are enclosed within a building. Examples include pet grooming salons, pet clinics,
veterinary offices and mobile animal care services.
Apartment dwelling means a building or a portion of a building which contains three or more dwelling
units and where the primary access to each unit is provided through a common or shared entryway. This
use includes a building containing more than six dwelling units, where each unit is provided with its own
primary access to the outside.
Applicant means the registered owner of the land or his/her representative or agent.
Cardston County Land Use Bylaw No. 762.2021
Schedule 15 | 3
Approved use means a use of land and/or building for which a development permit has been issued by
the Development Officer or the Municipal Planning Commission.
Apron means a flat-surfaced area surrounding and lying adjacent to a mobile home pad.
Aquaculture means the hatching, raising and breeding of fish or other aquatic plants for sale or personal
consumption requiring a body of water such as a pond, river, lake, estuary, waterbody or facility to sustain
the operation.
Arcade - see "Amusement arcade".
Archery means the sport or skill of shooting with a bow and arrow.
Archery range, private means a privately-owned building, structure or outdoor area or space used to carry
on the sport of archery by the owner and a limited number of friends or guests.
Archery range, public means a building, structure or outdoor area or space used to carry on the sport of
archery by paying customers.
Architectural controls means a detailed set of design standards and criteria established by the developer
for lands that are the subject of a subdivision and/or development approval. The architectural controls
are registered by a restrictive covenant on those lands and are administered and enforced solely by the
developer through a monetary architectural control deposit. Examples of design criteria may include, but
are not limited to, housing type, square footage of principal and accessory buildings, roof pitch, roofing
materials, the number of garage structures, landscaping, exterior colours and finish materials, building
commitment timeframes, driveway materials and garage orientations.
Area redevelopment plan means a statutory plan in accordance with the Municipal Government Act and
the Municipal Development Plan for the purpose of all or any of the following:
(a) preserving or improving land and buildings in the area;
(b) rehabilitating buildings in the area;
€
removing buildings from the area;
(d) constructing or replacing buildings in the are€(e)
establishing, improving or relocating public
roadways, public utilities or other services in the area; or
(f)
any other development in the area.
Area structure plan means a statutory plan prepared in accordance with section 634 of the Municipal
Government Act and the Municipal Development Plan for the purpose of providing a framework for
subdivision and development of land in the municipality.
Art and craft studio means a development used for the purpose of manufacturing goods by hand. Typical
uses include pottery, ceramic, jewelry, toy manufacturing, art and sculptures.
Artificial insemination facility means an operation which collects, stores and/or places semen from
animals not resident of the facility into the reproductive tract of a female by means other than sexual
intercourse for the purpose of impregnating the female.
Schedule 15 | 4
Cardston County Land Use Bylaw No. 762.2021
As required by the Municipal Planning Commission means a standard or requirement of the Land Use
Bylaw established as a condition of a development approval.
Athletic and recreational facility means a facility for the purpose of active recreation or athletic activities
where patrons are predominantly participants and any spectators are incidental. This includes skating
and hockey rinks, swimming pools, rifle, archery and pistol ranges, bowling alleys and racquet courts.
Auction facility means a use of land or buildings for the auctioning and temporary storage of household
effects, goods and equipment, except livestock.
Auction mart means the use of land or buildings for the auctioning and temporary storage of domestic
livestock.
Auditorium means a room, hall or building designed for stage and film presentations, concerts, recitals
and lectures.
Auto body and paint shop means a premise where vehicles are repaired and painted.
Auto sales and/or service means the use of land or buildings where motor vehicles and parts are displayed
for sale or service.
Auto wreckers means the use of land or buildings for the receiving, dismantling, resale or transportation
of inoperable motor vehicles, machinery, equipment, parts metals, construction material or other similar
materials. Such uses include, but are not limited to, junkyards, auto wreckers, and salvage and scrap yards.
B
Bakery means a facility where baked products are prepared, sold and/or distributed.
Bank means a financial institution for the deposit, custody, loan, exchange or issuance of money.
Basement means the storey of a building of which the ceiling level is less than 1.82 m (6 feet) above the
average finished surface level of the surrounding ground.
Batch plant - see "Natural resource extraction".
Bed and breakfast means sleeping accommodations and a morning meal, provided in a guest house or
private residence.
Berm means a dyke-like form used to separate incompatible areas or functions, or constructed to protect
the site or district from vehicular road noise or water.
Boarding house means a building (other than a hotel or motel) containing not more than 15 sleeping
rooms where meals or lodging for those persons are provided for compensation pursuant to previous
arrangements or agreements.
Cardston County Land Use Bylaw No. 762.2021
Schedule 15 | 5
Boat house means an enclosed or partially enclosed structure designed for the use and storage of private
watercraft, boat motors and marine equipment.
Boat launch means a facility for launching of boats or watercraft into a body of water.
Buffer means a row of trees, hedges, shrubs or berm to provide visual screening and separation between
uses, buildings, sites or districts.
Buildable area means a portion of a lot or parcel which remains after setbacks, minimum yard dimensions
and separation distances have been deducted.
Building has the same meaning as it has in the Municipal Government Act.
Building height means the vertical distance between grade and the highest point of a building excluding
an elevator housing, a roof stairway entrance, a ventilating fan, a skylight, a steeple, a chimney, a smoke
stack, a fire wall or a parapet wall and a flagpole or similar device not structurally essential to the building.
Building inspector means the person(s) appointed by the municipality through an accredited agency to
conduct inspections in the municipality.
Building supply center means a commercial entity dedicated to the supply and sale of hardware,
construction supplies, home improvement items and like goods to wholesalers, retailers, or the public.
Bulk fertilizer storage and sales means a facility or storage containers used to house and sell fertilizer
products to the public.
Bulk fuel storage and sales means a commercial wholesale or retail outlet dedicated to the storage of
fuels such as, but not limited to, diesel, gasoline, aviation fuel, propane, oil, grease and solvents and/or
the sale of those products to wholesalers, retailers, agricultural entities and the public.
C
Cabin means a habitable seasonal dwelling unit, which is less than 69.7 m2 (750 sq. ft.) and complete with
a sleeping area, and/or cooking, and/or washroom facilities constructed, renovated, or relocated in
compliance with this bylaw and the Safety Codes Act, but is not required to fulfil the requirements of the
Alberta New Home Warranty. A cabin is for personal use only cannot be used as a full-time residence or
rental, at any time, unless further approvals and permits are obtained from Cardston County, Alberta
Safety Codes, and Alberta New Home Warranty. The number of Cabins on a Parcel is to be determined by
the Municipal Planning Commission.
Campground means an area where two or more campsites are located for seasonal occupancy by camping
units (holiday or tent trailers, recreation vehicles, tents and similar equipment) by the public as temporary
living quarters for recreation, education or vacation purposes. This use may include supplementary
bathroom and recreational facilities, eating shelters, convenience retail, laundry facilities and dwelling
accommodation for the owner/operator as part of the use or, as ancillary uses.
Schedule 15 | 6
Cardston County Land Use Bylaw No. 762.2021
Campground, 4-SEASON means an area where two or more campsites are located by camping units
(holiday or tent trailers, recreation vehicles, tents and similar equipment) by the public as living quarters
for recreation, education, or vacation purposes. This use requires additional conditions on the
Campground approval that would guarantee safe living through all times of the year, such as unground
water systems, underground sewer systems, power. Campground owner must provide all service buildings
required by the Alberta Building Code and the Alberta Recreation Area Regulation. And other regulations
required for safe living conditions.
Campground, basic means a parcel of land developed into designated lots for camping and having
minimum amenities, including but not limited to, potable water by means of a standpipe, well, or cistern,
tables, outdoor privies and some fire pits.
Campground, commercial means a parcel of land which has been planned and developed into a number
of identifiable lots for the placement of tents or recreational vehicles for overnight accommodation where
a fee is paid by the individuals for the camping privilege based on the level of camping services provided
to each site.
Campground, family means an area where three or more campsites are located for occupancy, cost
shared between members of the landowner's family or friends.
Campground, primitive means a parcel of land developed for the random placement of tents and
recreational vehicles and having the minimum amenities of potable water by means of a standpipe, well,
or cistern, tables, outdoor privies and some fire pits.
Campground, private means:
(a) a use of land or buildings for financial gain where admittance is based on the payment of a fee, or
where admission is limited to members of a club, organization or association; and
(b) a use of land or buildings intended for seasonal occupancy by holiday or tent trailers, recreation
vehicles, tents and similar equipment. This use may include supplementary bathroom and
recreational facilities, eating shelters, convenience retail, laundry facilities and dwelling
accommodation for the owner/operator as part of the use or, as accessory uses.
Campground, semi-serviced means a parcel of land developed for camping and having at least 50% of the
designated lots with at least partial services including, but not limited to, tap water, central service
building(s) with flush toilets and wash basins, sewage disposal stations, tables, some fire pits, firewood
for sale and a caretaker on premises.
Campground, serviced means a parcel of land developed for camping and having at least 75% of the
designated lots with at least partial services including, but not limited to, tap water, central service
building(s) with flush toilets, wash basins and showers, sewage disposal stations, tables, fire pits, firewood
for sale, public telephone and a caretaker on premises.
Camping means a four-season, outdoor activity involving one or more overnight stays away from home
in a shelter such as a tent, camper or recreational vehicle.
Cardston County Land Use Bylaw No. 762.2021
Schedule 15 | 7
Camping, random means the ad hoc placement of one or more tents, campers or recreational vehicles
used to sleep overnight on areas of public or private lands, free of charge, where no camping-related
services exist or are provided.
Cannabis definitions - see Schedule 10.
Carport means a partially enclosed structure intended for the shelter of one or more motor vehicles.
Car wash means a building designed for the cleaning of motor or recreational vehicles.
Cemetery means a landscaped open space for the entombment of the deceased, and may include a
crematoria, cineraria, columbaria, and mausolea.
Cenotaph means a structure or monument erected at an area designed for public assembly and reflection
to honour individuals who lost their lives in wartime periods and whose bodies are buried elsewhere.
Certificate of Compliance means a document signed by the Municipal Planning Commission or
Development Officer certifying a development complies with this bylaw with respect to yard requirements
and as represented on an Alberta Land Surveyor's Real Property Report.
Church means a facility for the purpose of assembly and worship and may include social, recreational and
community activities such as group meetings, cultural events, banquets, and child care services.
Clear vision triangle means a triangular area formed on the corner site by two street property lines and a
straight line, which intersects them 6.1 m (20 feet) from the corner where the property lines meet.
Club house means a building or room occupied by a club, fraternity or an association used for social or
recreational activities by its members and/or guests.
Commercial means the use of land and/or buildings for the purpose of sale, display and storage of goods
and/or services. On-premises manufacturing, processing or refining of materials may be deemed to be a
commercial use, at the discretion of the Development Officer or Municipal Planning Commission.
Commercial cabin development means one or more habitable dwelling units operated as rental
accommodation occupied by guest(s) for less than 30 days. All Commercial Cabins are built in accordance
with the Alberta Building Code and must include a sleeping area and may include cooking and/or
washroom facilities. If washroom facilities are not provided within the Cabin unit, then a separate
washroom facility must be provided on the property. Potable Water must be provided to guests in
accordance with all Provincial Water Act requirements, Alberta Health and Safety requirements, and all
Alberta Safety Code requirements.
Commercial/private recreation means the use of land, building or facility for recreational purposes, but
where the public is admitted by payment of a fee, or where admission is by membership to a club,
organization or association. Facilities associated with the operation may include eating facilities,
administrative offices and retail operations, provided any such operation is accessory and incidental to
the principal recreational use.
Schedule 15 | 8
Cardston County Land Use Bylaw No. 762.2021
Commercial use means the use of land and/or building for the purpose of display, storage and wholesale
or retail sale of goods and/or services to the general public. On-site manufacturing, processing or refining
of goods shall be incidental to the sales operation.
Common wall means a vertical separation dividing a portion of a building from the remainder of the
building and creating a building which, from its roof to its lowest level, is separate and complete unto
itself, such wall being owned by one party but jointly used by two parties, through an agreement.
Communication facility means a building, cabinet, shed, vault, box, pedestal, tower, pole, antenna or
structure used for the transmission, distribution, housing or protection of electronic equipment used for
the broadcast or reception of electro-magnetically transmitted information or wireless communication
signals.
Communication system means one or more networks of communication links, services or facilities used
for the broadcast or reception of communication signals.
Community facility means community halls, public libraries, parks, playgrounds, schools, agri-plexes,
arenas, skating rinks, and other similar facilities.
Conceptual scheme means a detailed site layout plan for a piece of land which:
(a) shows the location of any existing or proposed buildings;
(b) describes the potential effect and/or relationship of the proposed development on the surrounding
area and the municipality as a whole;
(c) provides for access roads, water, sewer, power and other services to the satisfaction of the Municipal
Planning Commission; and
(d) has not been adopted by municipal bylaw as an area structure plan.
Condominium means a building or structure where there exists a type of ownership of individual units,
generally in a multi-unit development or project where the owner possesses an interest as a tenant in
common with other owners.
Condominium plan means a plan of survey registered at Land Titles Offices prepared in accordance with
the provisions of the Condominium Act, Revised Statutes of Alberta 2000, Chapter C-22, as amended.
Confined feeding operation (CFO) has the same meaning as defined in the Agricultural Operation
Practices Act.
Contractor means an individual or company who contracts on predetermined terms to provide labour and
materials and is responsible for the performance of a construction job in accordance with established
specifications or plans.
Convenience store means a small retail outlet selling goods and food on a day-to-day basis from a business
premises.
Convention facility means a permanent facility for meetings, seminars and conventions. Eating
establishments and drinking establishments may be incorporated into the facility as accessory uses.
Cardston County Land Use Bylaw No. 762.2021
Schedule 15 | 9
Council means the Council of Cardston County in the Province of Alberta.
Country lodge - see "Lodge".
Country residence means a use of land, the primary purpose of which is for a dwelling or the
establishment of a dwelling in a rural area.
Crematorium means a place where a dead person's or animal's body is cremated.
Critical wildlife zone means an area critical to significant numbers of a species during at least part of the
year. This can include wintering areas for ungulates, nesting or staging areas for waterfowl, colony sites
for colonial nesters, and over-wintering areas for upland birds established in the South Saskatchewan
Regional Plan.
Cultural establishment means a development available to the public for the purpose of assembly,
instruction, cultural or community activity and includes such uses as a church, library, museum and art
gallery.
D
Day care facility means a facility for the provision of care, supervision or rehabilitation of children or
adults for periods not exceeding 24 consecutive hours.
Density means the number of dwelling or accommodation units on a site expressed in units per hectare
or acre.
Designated notification area means a mutually agreed to area of land, lying outside an intermunicipal
plan boundary, whereby a subdivision application and/or discretionary use development application are
referred to an adjacent municipality for comment before a decision is rendered by the municipality having
jurisdiction.
Designated officer means the Chief Administrative Officer (CAO) or his/her designate, the Development
Officer or the Municipal Planning Commission.
Developed residence means a dwelling that:
(a) is permanent and habitable,
(b) has developed legal access,
(c) may have electrical and gas utilities available to the site,
(d) has a supply of potable water and a functional sewage disposal system,
(e) is situated on a permanent foundation, and
(f)
has a kitchen and sleeping area.
Developer means an individual having an interest in land or his/her agent who wishes to alter the title
and/or change the use of the property.
Schedule 15 | 10
Cardston County Land Use Bylaw No. 762.2021
Development has the same meaning as it has in the Municipal Government Act.
Development agreement means a contractual agreement between the municipality and an applicant for
a development permit which specifies the public roadways, utilities and other services to be provided by
the permit holder as a condition of development approval or subdivision approval, provided the
agreement is in accordance with Sections 648, 650, 654 and 655 of the Municipal Government Act, as
amended.
Development area means the area to be occupied by a building or structure plus the area reasonably
required for excavation and construction.
Development Authority means the Development Officer or the Municipal Planning Commission.
Development permit means a document issued pursuant to this bylaw authorizing a development.
Discretionary use means one or more uses of land or buildings described in Schedule 2 as discretionary
uses.
District means a district established under Schedule 1 of this bylaw.
Dog Kennel - see "Kennel".
Double-wide mobile home means mobile home permanently fixed to two chassis, or is permanently fixed
to one chassis with a section which can be expanded or telescoped from the mobile home for additional
floor area. Double-wide mobile homes shall not be less than 6.1 m (20 feet) in width.
Drinking establishment means an establishment licensed pursuant to provincial legislation where
alcoholic beverages are served for consumption on the premises.
Drive-in business means an establishment with facilities for on-site service to customers who remain in
their motor vehicles.
Drop lens cobra head fixture means a streetlight where the curve of the lens extends downward past the
exterior of the fixture.
Dry cleaner means an establishment which specializes in the cleaning of clothes or fabrics with
substantially non-aqueous organic solvents to which special detergents or soaps may be added.
Duplex means a building containing two separate dwelling units connected by a common floor and ceiling.
Dwelling unit means one or more self-contained rooms provided with sleeping, cooking, dining and
sanitary facilities intended to be used permanently or semi-permanently as a residence for one or more
individuals as a single housekeeping unit.
Cardston County Land Use Bylaw No. 762.2021
Schedule 15 | 11
E
Easement means a non-possessory interest in real property that provides the holder or entity with the
right to use another party's real property for a specific purpose while the underlying legal title to the real
property encumbered by the easement is retained by the registered owner for all other purposes.
Eating establishment means a facility where food is prepared and served on the premises for sale to the
public and includes restaurants, delicatessens, cafeterias and drive-in restaurants.
Eaveline means the line formed by the intersection of the wall and roof of a building.
Employee housing means one or more dwelling units used exclusively for the residence of employees and
members of their family.
Entertainment establishment means a facility where entertainment is provided to the public, either
exclusively or in combination with other activities and may include a live theatre or cinema.
Environmental education means field trips related to publicly or privately sponsored educational and
interpretive programs.
Environmentally significant areas means:
(a) "Hazard" lands and areas which are unsuitable for development in their natural state such as
floodplains, floodway, flood fringe, flood prone areas, permanent wetlands, and steep and unstable
slopes; or which pose severe constraints on types of development such as areas of artesian flow and
aeolian surficial deposits;
(b) areas which perform a vital environmental, ecological or hydrological function such as aquifer
recharge;
(c) areas which contain unique geological or physiographic features;
(d) areas which contain endangered species;
(e) areas which are unique habitats such as natural grasslands and wetlands;
(f)
areas which contain an unusual diversity of plant and/or animal communities due to a variety of
geomorphological features and microclimatic effects;
(g) areas which contain large and relatively undisturbed habitats and provide sheltered habitat for
endangered species;
(h) areas which contain plants, animals or land forms which are unusual or of regional, provincial or
national significance; or
(i)
areas which provide an important linking function and permit the movement of wildlife over
considerable distance.
Environmental reserve means a parcel of land specified as environmental reserve by a Subdivision
Authority pursuant to section 664 of the Municipal Government Act, as amended.
Schedule 15 | 12
Cardston County Land Use Bylaw No. 762.2021
Equipment sales, rental and service means the use of land or buildings for the retail sale, wholesale
distribution, rental and/or service of hand tools, construction, farming, gardening and automotive
equipment, machinery parts and office equipment.
Escarpment means a steeply sloping area with a slope of 15% or greater separating two level or more
gently sloping areas and may contain isolated pockets of lesser sloped terrain and includes ravines, gullies,
coulees and side draws.
Escarpment setback means a line established by the Municipal Planning Commission based on a
geotechnical assessment defining the closest point to the escarpment top of bank or toe of slope where
subdivision or development may occur.
Emergency services means fire, police, ambulance or similar service.
Existing lot means a lot existing at the time this bylaw was adopted.
Existing parcel means a lot or parcel as defined in the Municipal Government Act and for which a
certificate of title has been issued.
Extended care facility means a public or private health facility with overnight accommodation for the
care, supervision or rehabilitation of individuals.
Extensive agriculture means the production of crops or livestock or both by the expansive cultivation or
open grazing of normally more than one parcel or lot containing 28.3 ha (70 acres) more or less, not
including cannabis production.
Exotic animals means species of animals not native to Canada.
F
Factory-built housing means homes intended for residential occupancy constructed in a factory, including
modular, panelized and pre-engineered homes.
Fair weather road means a county dirt road which is unimproved or under improved, not maintained with
gravel and provides seasonal, unreliable, or intermittent access to parcels of land within the municipality.
Family campground - see "Campground, family".
Farm building means a building or development commonly contained in a farmstead associated with a
farming operation or an extensive agriculture use. Examples include barns, granaries, implement
machinery and equipment sheds, dugouts, corrals, fences and haystacks but this use does not include
intensive horticultural facility, intensive livestock operation or any dwelling unit.
Cardston County Land Use Bylaw No. 762.2021
Schedule 15 | 13
Farm/industrial machinery sales, rental, service and repair means the use of land or buildings for the
sale, service and/or rental of agricultural implements, and heavy machinery used in the operation,
construction or maintenance of buildings, roadways, pipelines, oil fields, mining or forestry operations,
and in freight hauling operations. Cleaning, repairing and sale of parts and accessories may be allowed as
part of the principal use or as accessory uses.
Farmstead means a part of a parcel:
(a) developed with dwellings, buildings, structures, shelter belts, dugouts, storage areas for farm
equipment, produce and fertilizer; or
(b) which may be defined by topography, vegetation, or other physical constraints.
Farmstead, abandoned means a part of a parcel formerly used to reside in a permanent habitable
dwelling which was delineated by shelterbelts, vegetation encompassing buildings, structures, dugouts
and equipment.
Farm supplies and service means the use of land or buildings for the sale, storage and distribution of
grain, livestock feed, fertilizer or chemicals used in agriculture.
Feed mill means the use of land, buildings or structures for the purpose of producing animal feed from
raw agricultural products.
Fence means a roofless structure, wall or hedge used as an enclosure or screening on any part of a lot.
Fill means the import and placement of natural uncontaminated earth or aggregate materials (e.g. clay,
silt, sand, gravel) on a parcel for the purposes of altering/modifying grades, drainage, or building up a site
for a proposed building or development.
Financial institution - see "Bank".
Fire hall - see "Public and institutional use".
FireSmart means a program developed in Alberta by Partners in Protection to educate stakeholders on
the risks of developing in the Wildland Urban Interface which includes methods to reduce the risk of
wildfire to those developments and is illustrated in a publication "FireSmart - Protecting Your Community
from Wildfire" (PIP-1999) by outlining minimum standards for development in a Wildland Urban Interface.
Fitness center means a premises used for the development of physical health or fitness, including but not
limited to, health centers, gymnasiums, racquet ball courts, spas and weight loss salons.
Flood elevation, 1:100 year means the water level reached during a 1:100 year flood determined using
criteria established by Alberta Environment and Parks.
Flood fringe means the portion of the floodplain outside the designated floodway inundated by flood
waters characterized by low velocity flows, shallow depths and/or standing water.
Floodplain means the areas adjacent to a watercourse susceptible to inundation by water due to flooding.
Schedule 15 | 14
Cardston County Land Use Bylaw No. 762.2021
Flood prone lands means areas subject to flooding from time to time.
Floodrisk area means land bordering a water course or waterbody which would be inundated by a 1:100
year flood determined by Alberta Environment and Parks.
Floodway means the channel of a watercourse and those portions of the floodplain joining the channel
which are readily required to carry and discharge flood waters or flood flows of a 1:100 year flood with
no significant increase in the base flood elevation.
Floor area means the sum of the total external horizontal area of all floors and passageways of a building,
but not including basements, attached garages, and open porches.
Food processing means an industry which refines or mills an agricultural product into an edible
commodity fit for human consumption.
Food services/catering means the preparation of meals at one location for delivery to other locations.
Foundation means the supporting base structure of a building.
Fourplex dwelling means cluster housing containing four dwelling units, where:
(a) each unit has two contiguous or abutting walls to provide fire separation from the adjacent dwelling
units;
(b) two of the dwelling units face the front yard, and two dwelling units face the rear yard; and
(c) each unit is provided with its own separate primary access to the outdoors.
Fragmented parcel means a titled area which has been or has the potential of being subdivided pursuant
to the policies and criteria established the County's subdivision policies.
Freight terminal means a facility accommodating the storage and distribution of freight shipped by rail,
or highway.
Frontage means the lineal distance measured along the front legal lot line.
Front property boundary, principal means the front property boundary as shown in Figure 14.1.
Figure 13.1
Front property boundary, secondary means the front property boundary as shown in Figure 14.1.
Cardston County Land Use Bylaw No. 762.2021
Schedule 15 | 15
Funeral home means a development used for the arrangement and holding of funerals, and preparation
of the dead for burial or cremation.
G
Gaming or gambling establishment means a building or structure used for the purpose of dealing,
operating, maintaining or conducting a game played with cards, dice, or machine for money, property or
item of value.
Garage (residential) means an accessory building designed and used for storage of motor vehicles.
Garage suite means a dwelling unit located above a garage, accessory to a principal dwelling unit.
Garden center means the use of land or buildings for the sale, display, growing and storage of garden,
household, and ornamental plants and trees provided the retail sale and display of plants and trees
remains the principal use. This use includes the supplementary retail sale of fertilizers, garden chemicals
and implements as well as associated products.
Garden shed means a small outdoor storage compound constructed for the housing of garden tools, lawn
equipment or other small items.
Garden suite - see "Secondary and/or subsequent residence".
Gas bar means a facility for the sale of fuel, lubricants and other automotive fluids but is not a service
station.
Golf course means an outdoor establishment designated for the game of golf. Accessory uses include a
pro shop, driving range and food service.
Golf driving range means an area of land whose purpose is to accommodate the practicing of golf shots
and may include the land encompassed by netting or screening and may also include buildings, such as a
club house or maintenance building as part of the use.
Government building - see "Public and institutional use".
Grade means the average elevation of the ground or street surface.
Grade point means the point(s) on a site which are used to measure the maximum permitted height of a
building or structure from grade. Where grade points have not been established as part of an approved
comprehensive grading plan, the location of grade points shall be determined by a professional engineer
or surveyor hired by the developer.
Grain brokerage house means a terminal comprised of elevators, conveyance systems, truck scales,
offices, grain terminals, and bins used for the purpose of marketing grains, oilseeds, and specialty crops.
Schedule 15 | 16
Cardston County Land Use Bylaw No. 762.2021
Grain terminal means a facility or inland grain structure for the collection, grading, sorting, storage, and
transhipment of grains.
Grandfathered development means a use of land or buildings having been in existence and/or
operational prior to adoption of the present Land Use Bylaw and is lawfully allowed to exist in its present
state even though it may not comply with the uses or standards allowed within the present Land Use
Bylaw.
Greenhouse means a building specially designed and used for the growing of vegetables, flowers or other
plants for sale.
Gross floor area means the sum of the areas of all floors of a building measured to the outside surface of
the exterior walls or, where buildings are separated by firewalls, to the centre line of the common firewalls
and includes all floors totally or partially above the finished ground surface.
Grouped country residential development means three or more contiguous country residential lots.
Grouped country residential resort use means three or more contiguous country residential lots
developed in conjunction with an approved recreation use.
Grouped noxious industry means two or more contiguous noxious industries located in a designated area
or district designed to accommodate these particular uses of land or buildings.
Group home means development using a dwelling unit for a provincially-approved residential social care
facility providing rehabilitative and supportive care for four or more persons. A "Group home" may
incorporate accommodation for resident staff as an accessory use.
Guest means an individual who occupies a dwelling unit which is not their residence.
Guest house means an attached or detached accessory building with no kitchen or cooking facilities used
to house guests of the occupants of the principal building.
Guest ranch means a ranch or resort in an agricultural setting designed for vacationers offering primarily
lodging, horseback riding and other activities typical of western ranches.
H
Habitable dwelling - see "Permanent habitable dwelling".
Hay processing means the use of land, buildings or structures for the production of hay into bales or
pellets for sale as feed to domestic livestock.
Hazard lands means areas not suitable for subdivision and/or development due to geographic or
locational constraints.
Cardston County Land Use Bylaw No. 762.2021
Schedule 15 | 17
Health care service means development used for the provision of physical and mental health services on
an outpatient basis, of a preventative, diagnostic treatment and/or therapeutic nature. Typical uses
include medical and dental offices, health clinics, and chiropractic offices.
Heavy industrial means manufacturing, developing, creating, assembling and fabricating with significant
external effects, or which pose significant risks due to the involvement of explosives, radioactive
materials, poisons, pesticides, herbicides, or other hazardous materials used in the manufacturing
process.
Helipad means a designated area used for the take-off, landing, or parking of helicopters.
Heliport means a facility for the use of helicopters landing or taking off and includes development of
passenger terminals, service, repair and storage facilities required for the purpose of operating a heliport
in accordance with all applicable statutes and regulations.
Highway, provincial means highways outlined in the Memorandum of Agreement between Alberta
Transportation and Cardston County.
Highway commercial means development along a major highway, providing goods and services to the
travelling public. Typical highway commercial uses may include, but are not limited to, service stations,
truck stops, , drive-ins and fast-food restaurants.
Historical site means a site or a building designated to be of historical significance by the Government of
Canada or the Government of Alberta.
Holiday trailer or travel trailer means an accommodation unit designed to be transported on its own
wheels designed or constructed to permit its use as a temporary dwelling for travel and recreation only.
Home care service means the provision of food, lodging and care of individuals conducted in a
conventional single-family dwelling which has common cooking and washroom facilities.
Home improvement center means a facility where building materials, tools, domestic garden supplies,
household accessories required for interior or exterior building renovations, and similar goods are stored,
offered or kept for sale, including any outside storage yards.
Home occupation - Class 1 - see Schedule 6.
Home occupation - Class 2 - see Schedule 6.
Home occupation - Class 3 - see Schedule 6.
Horticulture means the concentrated use of land or buildings for the raising of crops, plants or vegetables.
Hospital means a facility providing room, board, or surgical and other medical treatment for the sick,
injured or infirm including outpatient services and accessory staff residences. Typical uses include
hospitals, sanatoria, nursing homes, convalescent homes, isolation facilities, psychiatric hospitals,
auxiliary hospitals, and detoxification centres.
Schedule 15 | 18
Cardston County Land Use Bylaw No. 762.2021
Hostel means a facility to provide temporary (not exceeding 30 days) accommodation for remuneration
with a dormitory-style accommodation, communal kitchen and sanitary facilities and may include
recreational facilities or services.
Hotel means a building used for sleeping accommodation and ancillary services provided in rooms which
may contain bar/kitchen facilities. The building may also contain additional services such as parking
facilities, restaurant or dining room, room service or public convention facilities.
Household repair service means the provision of repair services to appliances and small motors found
within and around the home.
I
Improvement means any installation or physical change made to a property with a purpose of increasing
its value, utility or beauty.
Incineration facility means any stationary or mobile technical unit and associated equipment dedicated
to the thermal treatment of wastes with or without recovery of the combustion heat generated by the
incineration.
Industrial equipment sale and rental means the sale or rental of equipment used in building, roadway,
pipeline, oilfield and mining construction or agricultural production.
Industrial manufacturing means development used to manufacture, fabricate, process, assemble,
produce or package goods or products, including but not limited to, administrative offices and
warehousing and wholesale distribution uses.
Institutional means a use by or for an organization or society for public or social purpose, including but
not limited to, senior citizen housing, nursing homes, day care centres, places of worship, museums,
libraries, schools, service and fraternal organizations, and government buildings.
Intensive agricultural operation means any concentrated method used to raise crops or to rear or keep
livestock, animals, poultry, fish or their products for market.
Intensive horticultural operation or facility means a use of land or buildings for the high yield production
and/or sale of specialty crops. This use includes greenhouses, nurseries, hydroponics, aquaponics, market
gardens, tree, mushroom and sod farms and such other uses the Municipal Planning Commission
considers similar in nature and character to any one or all of these uses.
Intensive livestock operation means any land enclosed by buildings, shelters, fences, corrals or other
structures which, is capable of confining, rearing, feeding, dairying or auctioning livestock, but excepting
out wintering of a basic breeding herd of livestock, and are less than the Agricultural Operation Practices
Act (AOPA) threshold numbers.
Cardston County Land Use Bylaw No. 762.2021
Schedule 15 | 19
K
Kennel - Category 1 - see Schedule 9.
Kennel - Category 2 - see Schedule 9.
L
Laboratory means a facility for the purpose of scientific or technical research, investigations or
experimentation.
Land and Property Rights Tribunal means a provincial body, formerly knows as the Municipal Government
Board, which functions, among other duties, as an appeal board for certain subdivision and development
appeals in Alberta involving provincial interests as outlined within the Municipal Government Act.
Landscaped area means a portion of a site which is landscaped pursuant to a development permit, and
excludes areas used for parking and driveways.
Landscaping means the modification and enhancement of a site or development through the use of the
following:
(a) natural landscaping consisting of vegetation such as trees, shrubs, hedges, grass and other ground
cover;
(b) hard landscaping consisting of non-vegetative materials such as brick, stone, concrete, tile and wood,
excluding monolithic concrete and asphalt; and
(c) excludes all areas utilized for driveways and parking.
Land Use Bylaw means the Cardston County Land Use Bylaw.
Lane means a public thoroughfare which provides a secondary means of access to a lot or lots.
Laundromat means a self-serve facility for the cleaning of clothing or other fabric goods.
Laundry means a facility for the cleaning and pressing of clothing or other fabric goods.
Light industrial/manufacturing - see "Industrial manufacturing".
Liquor store means a retail establishment licensed under provincial authority for the sale of beer, wine,
or spirits for consumption off-premises.
Livestock sales yard means the use of land, buildings or structures designed for the holding of domestic
livestock for purposes of sale or transfer by auction, consignment or resale.
Loading space means a portion of a lot or parcel designated or used by a vehicle while loading or unloading
goods or materials into a building or used on a parcel or lot.
Schedule 15 | 20
Cardston County Land Use Bylaw No. 762.2021
Lodge means a facility for tourists having a minimum of five (5) accommodation rooms and cooking
facilities which are not located in the accommodation rooms and where there are no areas for public
retail, public entertainment functions, meeting rooms and public convention rooms. Accessory uses may
include rental cabins, accommodation for permanent staff and one or more beverage rooms, dining
rooms, athletic and recreation facilities (indoor and outdoor) for use by the guests.
Lot, in accordance with the Municipal Government Act, means:
(a) a quarter section;
(b) a river lot shown on an official plan referred to in section 32 of the Surveys Act filed in a land titles
office;
(c) a settlement lot shown on an official plan referred to in section 32 of the Surveys Act filed in a land
titles office;
(d) a part of a parcel where the boundaries of the parcel are separately described in a certificate of title
other than by reference to a legal subdivision; or
(e) a part of a parcel where the boundaries of the parcel are described in a certificate of title by reference
to a plan of subdivision.
Lot area means the area contained within the lot lines of a lot as shown on a plan of subdivision or
described in a certificate of title.
Lot, corner means a lot located at the intersection of two or more streets.
Lot, double fronting means a lot with two front property boundaries, where the front property boundaries
are situated at opposite sides of the lot, as shown in Figure 13.2.
Lot, interior means a lot other than a corner lot as shown in Figure 1.2.
Figure 13.2
Lot length means the horizontal distance between the shortest or principal front property boundary and
the opposite property boundary, measured along the median between the side property boundaries as
shown in Figure 13.2.
Cardston County Land Use Bylaw No. 762.2021
Schedule 15 | 21
Lot, serviced means a parcel of land which has been directly connected to treated water and sewage
system. In addition, the lot will have access to electrical power, a heating source, phone and internet
service.
Lot, unserviced means a parcel of land which is not connected to a treated water and sewage system.
Water service may be provided by means of a well, cistern or underground spring while sewage disposal
may be accommodated by a septic field or mound, a containment tank or pump-out system. The lot may
not have access to electrical, heating, phone and/or internet services.
Lot width means the horizontal distance between opposite side property boundaries measured at a point
7.62 m (25 feet) from the shorter or principal front property boundary as shown in Figure 13.2.
Lumber yard means the use of land or buildings where bulk supplies of lumber and other building
materials are stored, offered or kept for retail sale and includes storage on the premises of such material.
Luminaire means a complete lighting system including lamp and fixture.
M
Machinery and equipment sales and repair means the use of land or buildings for the display, sale, service
and/or rental of machinery.
Manufactured home - see "Modular home".
Manure spreading means the dispersing of animal or human waste on lands to capture the nutrient value
to enhance crop production.
Market garden means the growing of vegetables or fruit for commercial purposes. This use includes an
area for the display and sale of goods or produce grown or raised on site.
May means an action is discretionary.
Measurable standards means the numerical values attributed to items listed in the land use districts
and/or schedules of this land use bylaw. Measurable standards include, but are not limited to, heights,
setbacks, parcel sizes, lot coverage, parking stall requirements, sign copy areas, animal units or densities.
Mechanical and structural repair means upgrading or maintenance of existing buildings or structures.
Medical and dental office means development providing medical and health care on an outpatient basis,
including but not limited to, medical and dental offices, clinics, occupational health and safety offices,
pharmacies, dispensaries, counselling services, chiropractic and naturopathic services and such other uses
as the Municipal Planning Commission considers similar in character and nature to any of these uses.
Mini storage facility means a development which includes a series of enclosed storage bays or lockers,
and may include outdoor storage sites for recreational vehicles, all of which are intended for rental or
lease to the general public.
Schedule 15 | 22
Cardston County Land Use Bylaw No. 762.2021
Minimum building setback means the shortest distance between the wall of a building and a designated
lot line.
Minimum Distance Separation (MDS) means the minimum distance calculated for separation between a
confined feeding operation and another use based on criteria established by the Natural Resources
Conservation Board, the municipality or provincial regulation, used to minimize land use conflicts.
Mobile home means a prefabricated dwelling unit:
(a) designed to be transported on its own frame and wheels, and placed on a foundation and connected
to utilities is ready for occupancy; and
(b) is subject to the current provincial building requirements.
The term mobile home includes "double-wide" and single-wide" mobile homes, but the term does not
include motor homes, travel trailers, recreation vehicles and any similar vehicles not intended for
permanent residential habitation or subject to the current provincial building requirements.
Mobile home park means a lot intended for two or more single-wide and/or double-wide mobile homes,
where each mobile home site is not subdivided into a separately titled lot.
Mobile home sales and service means development for the sale, rental or storage of new and used mobile
homes, and includes supplementary maintenance services and the sale of parts and accessories.
Mobile home subdivision means lands divided into lots where mobile or modular homes are placed on
permanent foundations for human occupation.
Modular home means the construction of a building in prefabricated units at a factory which:
(a) are assembled at the location away from the home site;
(b) are transported from one point to another by being carried on a motor vehicle;
(c) are not constructed on a frame capable of being equipped with wheels; and
(d) are certified Alberta Safety Code compliant under CSA A277 and labelled accordingly.
Modular home park - see "Mobile home subdivision".
Modular home sales and service means a commercial business where modular homes are sold and
serviced.
Motel means development primarily providing temporary sleeping accommodation in rooms or suites,
where each room or suite may contain kitchen facilities. Each room or suite in a motel has its own private
exterior access and is provided with an adjoining or conveniently-located parking stall. A motel may
include eating and drinking facilities, entertainment, convention, sports, recreation, personal service and
retail facilities as accessory uses.
Moved-in building means a conventional, preconstructed, new or previously utilized, residential or non-
residential building which is physically removed from one site to another site.
Multi-family dwelling means a building containing three or more separate dwelling units.
Cardston County Land Use Bylaw No. 762.2021
Schedule 15 | 23
Municipal development plan means a statutory plan, adopted by bylaw in accordance with section 632
of the Municipal Government Act.
Municipal Government Act (MGA) means the Municipal Government Act, Revised Statutes of Alberta
2000, Chapter M-26, as amended.
Municipality means the geographic area of Cardston County in the Province of Alberta.
Municipal Planning Commission (MPC) means a committee appointed by Council to act as a subdivision
and development authority pursuant to section 624(2) of the Municipal Government Act and in
accordance with the municipality's Municipal Planning Commission and Development Authority Bylaw.
Municipal reserve means the land specified to be municipal reserve by a subdivision authority pursuant
to section 666 of the Municipal Government Act.
Municipal/school reserve means the land specified to be municipal and school reserve by a subdivision
authority pursuant to section 666 of the Municipal Government Act.
Museum means a building or site used for the preservation, collection, restoration, display and/or
demonstration of articles of historical significance and may include archival records of a geographic area
or of a time period.
N
Natural resource extraction use - see "Resource extraction use".
Natural Resources Conservation Board (NRCB) means the board established by provincial statute to
regulate confined feeding operations and associated uses in the Province of Alberta.
Non-conforming building, in accordance with section 643 of the Municipal Government Act, means a
building:
(a) lawfully constructed or lawfully under construction at the date a land use bylaw or any amendment
thereof affecting the building or land on which the building is situated becomes effective; and
(b) which on the date the land use bylaw or any amendment thereof becomes effective does not, or
when constructed will not, comply with the land use bylaw.
Non-conforming use, in accordance with the Municipal Government Act, means a lawful specific use:
(a) being made of land or a building or intended to be made of a building lawfully under construction, at
the date a land use bylaw or any amendment thereof affecting the land or building becomes
effective; and
(b) on the date the land use bylaw or any amendment thereof becomes effective does not, or in the case
of a building under construction will not, comply with the land use bylaw.
Schedule 15 | 24
Cardston County Land Use Bylaw No. 762.2021
Noxious industry means an industry which is hazardous, noxious, unsightly or offensive and cannot,
therefore, be compatibly located in an urban environment. Examples include, but are not necessarily
limited to: abattoirs, oil and gas plants, asphalt plants, sanitary landfill sites, sewage treatment plants or
lagoons, auto wreckers or other such uses determined by the Municipal Planning Commission to be similar
in nature, but does not include confined feeding operations (CFOs)
Noxious industry, grouped means two or more contiguous noxious industries.
O
Office means development to accommodate:
(a) professional, managerial and consulting services;
(b) the administrative centres of businesses, trades, contractors and other organizations; and
(c) service-related businesses such as travel agents, insurance brokers, real estate agents.
Off-street parking space means a lot or parcel or portion thereof, excluding a public roadway, which is
used or intended to be used as a parking area for motor vehicles.
Orientation means the arranging or facing of a building or structure with respect to the points of the
compass.
Outdoor athletic and recreational facility means a facility available to the public for sports and active
recreation conducted outdoors. Typical uses include golf courses, driving ranges, ski hills, ski jumps, sports
fields, outdoor tennis courts, unenclosed ice surfaces or rinks, athletic fields, boating facilities, outdoor
swimming pools, bowling greens, riding stables and fitness trails.
Outdoor vehicle storage means the outdoor storage of vehicles including automobiles, recreation
vehicles and boats.
Outside storage means the open storage of goods, merchandise or equipment outside a building or on a
vacant parcel.
Owner means the person or persons shown as the owner(s) of land on a Certificate of Title or on the
assessment roll of a municipality.
P
Parcel, in accordance with the Municipal Government Act, means the aggregate of the one or more areas
of land described in a certificate of title by reference to a plan filed or registered in a land titles office.
Cardston County Land Use Bylaw No. 762.2021
Schedule 15 | 25
Parking facility includes parking areas, parking spaces and parking structures which are defined as follows:
(a) Parking area means a portion of land or a building or a combination of both, set aside for and capable
of providing space for the parking of motor vehicles.
(b) Parking space means a space set aside for and capable of being used for the parking of one motor
vehicle.
(c) Parking structure means a building or other structure designed for parking automobiles in tiers on a
number of levels above each other whether above or below the ground.
Passive recreation means the use of land for a sport or hobby which does not require the provision of a
structure, facility or expensive equipment to accommodate the activity. Such examples include, but are
not limited to, hiking, jogging, swimming, site-seeing, bird watching, gardening, berry picking, cross
country skiing, snowshoeing, or walking.
Patio means an outdoor area of a lot developed and used for leisure and/or recreation purposes.
Permanent foundation means a foundation installed to provide structural support for a building or
structure, in accordance with Alberta Safety Codes.
Permanent habitable dwelling means a non temporary building or part of a building, intended to be used
as a place of residence for humans, the condition of which allows for the inhabitants to live in reasonable
comfort free of serious defects to health and safety and containing reasonable cooking, eating, living,
sleeping and sanitary facilities.
Permanent residence - see "Developed residence".
Permitted use means:
(a) the one or more uses of land or buildings stated in Schedule 2 as permitted uses; and
(b) uses which, in accordance with and subject to the Municipal Government Act, shall be issued a
development permit with or without conditions (unless the use is exempted from requiring a
development permit) if the proposed development conforms with this bylaw.
Personal care service means a development providing services for personal care and appearance; services
for cleaning, altering and maintenance of personal effects and accessories. Personal service includes
barber shops, beauty salons, tailors, diet centres, shoe repair shops, dry cleaners, upholstery and rug
cleaners, laundromats, funeral homes and such other uses the Municipal Planning Commission considers
similar to any one or all of these uses.
Pet cemetery means the use of land or buildings for the interment of deceased domestic animals.
Place of worship means a building dedicated to the undertaking of religious practices and activities and
includes churches, chapels, temples, parish halls, synagogues, convents, seminaries, monasteries,
rectories, or mosques and may include such accessory uses as offices for administration of the place of
worship, parsonages, and parish houses.
Schedule 15 | 26
Cardston County Land Use Bylaw No. 762.2021
Planner means the person or organization retained by the municipality to provide planning-related advice
or services.
Plan of subdivision means a plan of survey prepared in accordance with the relevant provisions of the
Land Titles Act for the purpose of effecting subdivision.
Playground - see "Public park or recreation use".
Post office means a government approved facility charged with regulating and handling the transmission
of mail or parcels.
Primary access means the location and manner of the principal means of vehicular access and egress from
a site or building.
Primary residence means the principal dwelling unit located on a titled piece of land.
Principal building means a building which:
(a) is the main building on a lot; or
(b) by reason of its use, is the primary purpose for which the lot is used.
Principal use means the main purpose for which a lot, parcel, or building is used or intended to be used.
Printing establishment, commercial means a retail business providing photocopying and/or commercial
printing and retail services.
Printing establishment, industrial means a facility providing non-retail commercial, industrial printing and
publishing services normally using automated, web-type presses or full colour process printing.
Private means the use of land or buildings intended for or restricted to the use of a particular person or
group or class of persons which is not freely available to the general public.
Private club means a facility, not open to the general public, for the meeting, social or recreational
activities of members of philanthropic, social services, athletic, business or service organizations, without
on-site residences. Private clubs may include rooms for eating, drinking and assembly.
Private riding arena and rodeo grounds means infrastructure used by family and guests and is limited by
invitation, whether offered free of charge or involving commercial activity amounting to no more than
50% of the annual income derived from the parcel of land.
Private rifle range means a rifle range used by family and guests having no commercial use or monetary
charges for use and is limited by invitation.
Private utility means the provision, distribution, collection, transmission or disposal of water, sewage,
garbage, oil, gas, power, information, telecommunications, telephone or generation of electricity
provided by an entity which is not under public, provincial or municipal franchise or ownership which
provides the public or business with a particular utility or service.
Cardston County Land Use Bylaw No. 762.2021
Schedule 15 | 27
Prohibited use means one or more uses of land or buildings described in a land use district as prohibited
uses.
Property line means any legal surveyed boundary of a parcel.
Provincial Land Use Policies means policies established by order of the Lieutenant Governor pursuant to
section 622 of the Municipal Government Act in areas of the province which do not have a Regional Plan.
Public means the use of land or buildings belonging or open to, enjoyed and used by and/or maintained
for the public generally, but not limited to a facility the control of which is wholly or partially exercised by
some level of government.
Public and private institutional use means a use of land or buildings for an organization, individuals or
society for public or social purposes and includes the following:
(a) a school or educational facility whether public or private;
(b) churches or places of worship;
(c) medical facilities which provide both in-patient and out-patient services, including hospitals, nursing
homes and sanatoriums;
(d) government and municipal offices, libraries and similar developments;
(e) protective services, including fire halls, police stations and ambulance services;
(f)
cemeteries; and
(g) such other uses as the Municipal Planning Commission considers similar in nature and character to
any one of these.
Public and private recreation use means a public or private park, playground, recreation area, including
but not limited to hiking, biking, snow sledding, skiing, all-terrain vehicle (ATV), and/or walking trail,
indoor or outdoor rink, gymnasium, sportsfield, campground, historic or archaeological site or any similar
facility or use of land or buildings provided the park, playground, recreation area or similar facility is
owned and/or administered by any level of government, a private organization, association or society or
private individual.
Public area means any outdoor place to which the public has access, including but not limited to rights-
of-way, highways, transportation facilities, schools, places of amusement, parks, playgrounds, and the
outdoor common areas of public buildings and facilities.
Public building means a facility owned or operated by or for the municipality, the provincial government,
the federal government, or a corporation which is an agent of the Crown under federal or provincial
statute for the purpose of furnishing services or commodities to or for the use of the inhabitants of the
municipality.
Public day use area means an area open to the general public for temporary resting and relaxing and the
use typically consists of off-street parking areas, refuse containers, benches and public washrooms. It
may also include an area for low impact recreational activities such as walking, hiking, overlooks and
wildlife viewing points, swimming or fishing areas, but does not allow for camping or overnight stays on
the premises.
Schedule 15 | 28
Cardston County Land Use Bylaw No. 762.2021
Public/institutional means uses, areas or facilities such as, but not necessarily limited to: churches,
schools, community halls, cemeteries, weigh scales, government agricultural research stations, public
utility facilities and structures.
Public open space means land which is not in private ownership and is open to use by the public.
Public park or recreation use means a public park, playground, recreation area, indoor or outdoor rink,
gymnasium, sportsfield, campground, historic or archaeological site or any similar facility or use of land
or buildings provided the park, playground, recreation area or similar facility is owned and/or
administered by any level of government.
Public picnic area means the use of land or a shelter which is accessible or visible to all members of the
community or public where they may temporarily partake in sitting in the open air/natural environment
to consume food or beverages carried by themselves, and typically includes structures such as picnic
tables, shelters, benches and refuse containers on the site.
Public place means any location in the municipality for public use and includes streets, lanes, boulevards,
sidewalks, parks, campgrounds, squares or rights-of-way.
Public roadway means, in a county, city, town, new town, village or summer village, the right-of-way of
all or any of the following:
(a) a local road,
(b) a service road,
(c) a street,
(d) an avenue, or
(e) a lane.
Public thoroughfare means any pathway, sidewalk, bridge, lane, service road, local street, collector street,
arterial street, or highway.
Public use means government-owned facilities to which the public has access such as public parks,
schools, school administrative buildings, recreational, cultural, and service buildings, but not including
public land or buildings devoted solely to the storage and maintenance of equipment and material or the
disposal of refuse.
Public utility means the right-of-way for one or more of the following:
(a) telecommunications systems;
(b) waterworks systems;
(c) sewage systems;
(d) heating systems;
(e) systems for the distribution of gas, whether natural or artificial;
(f)
systems for the distribution of artificial light or electric power;
(g) water management projects;
(h) wind energy conversion systems (WECS); and
Cardston County Land Use Bylaw No. 762.2021
Schedule 15 | 29
(i)
solar energy systems and alternative/renewable energy.
Q
Qualified professional means a professional educated in their field of practice or study and whom can
demonstrate appropriate knowledge, expertise and abilities and one who practices the principle of
professional accountability (architect, landscape architect, land use planner, municipal planner, biologist,
civil engineer, geotechnical engineer, municipal engineer, Alberta Land Surveyor, agrologist, geoscientist,
hydrologist). A qualified professional can be described as an expert with specialized knowledge in field
which one is practicing professionally and practices a high standard of professional ethics, behaviour and
work activities while carrying out one's profession.
Qualified professional, wetlands means a person recognized and registered with the province as a
Qualified Wetland Science Practitioner (QWSP) who is a person with experience and training in the
applicable field. Typically a qualified professional must have obtained a B.S. or B.A. or equivalent degree
in biology, engineering, environmental studies, fisheries, geology or related field, and a minimum of two
years of related work experience.
Quarter section means a titled area of approximately 64.75 ha (160 acres).
R
Railway means any use connected with the direct operation of a railway system.
Ready-to-move home (RTM) means a home or modular home built off-site in a manufacturer's yard, or
construction site, ready for immediate occupancy once it has been placed on a foundation on an approved
building site, with services connected, and completion of a final inspection.
Ready-to-move structure means a structure, other than a home, such as a barn, granary, garage, shed,
machine shop, built off-site or moved from an existing site to another.
Real property report (RPR) means a legal document illustrating in detail the location of all relevant, visible
public and private improvements relative to property boundaries.
Rear lane means service access, generally for vehicular traffic at the rear of properties.
Recreational facilities means buildings or structures associated with accommodating recreational uses
which require physical alteration to the area in which they are performed, or those facilities used
exclusively for the preparation, maintenance, and storage of equipment used in recreational activities
such as swing sets and slides, sandboxes, poles for nets, picnic tables, benches, barbecue stands, and
similar equipment or structures.
Recreational vehicle park - see "Campground, private".
Schedule 15 | 30
Cardston County Land Use Bylaw No. 762.2021
Recreational vehicle sales and rentals means a facility for the retail sale or rental of new or used
motorcycles, snowmobiles, tent trailers, boats, travel trailers or similar recreational vehicles, bicycles, and
skis and may include incidental maintenance services and sale of parts.
Recreational vehicle sanitary pump out site means a facility for the disposal of wastes from recreational
vehicles.
Recreational vehicle storage means a fenced compound used for the parking, wintering, or storing of
trailers, motor homes, boats, quads or recreational vehicles licensed under the Motor Vehicles
Administration Act for a specified fee paid to the owner or proprietor of the property.
Recycling facility means the use of land or buildings for the purchasing, receiving or temporary storage of
discarded articles, provided the use does not generate a detrimental effect or nuisance beyond the
boundaries of the lot or site on which it is situated. A recycling facility may involve supplementary
production of by-products or materials and includes bottle, can and paper recycling depots.
Redesignation "redesignate", "redistrict", or "rezone" means changing the existing land use district on
the official Land Use Districts Map in the Land Use Bylaw.
Regionally sensitive areas means lands within the municipality which are or may be environmentally
sensitive including but not limited to:
(a) a swamp;
(b) a gully, ravine or coulee;
(c) an escarpment;
(d) a natural drainage course;
(e) riparian lands adjacent to the beds and shores of rivers, streams, creeks, water bodies, or natural
drainage courses;
(f)
wetlands;
(g) lands subject to flooding, including flood risk areas, floodways, and flood fringe;
(h) unstable lands;
(i)
contaminated lands;
(j)
a public park;
(k) a designated historic or archaeological site;
(l)
an environmentally significant area; or
(m) a forest reserve.
Regional Plan means the South Saskatchewan Regional Plan.
Registered owner means:
(a) in the case of land owned by the Crown in right of Alberta or the Crown in right of Canada, the
Minister of the Crown having the administration of the land; or
(b) in the case of any other land:
Cardston County Land Use Bylaw No. 762.2021
Schedule 15 | 31
(i)
in the absence of a person described in paragraph (ii), the person registered under the Land
Titles Act as the owner of the fee simple estate in the land; or
(ii) the purchaser of the fee simple estate in the land under an agreement for sale which is the
subject of a caveat registered against the certificate of title in the land, and any assignee of the
purchaser's interest which is the subject of a caveat registered against the certificate of title.
Religious assembly - see "Church".
Religious institution - see "Churches" or "Place of worship".
Reserve land means environmental reserve, municipal reserve or school reserve or municipal and school
reserve.
Residential means the use of land or buildings for the purpose of domestic habitation on a continual,
periodic or seasonal basis.
Residential accommodation in conjunction with an approved use means the construction or placement
of a dwelling unit which is incidental or accessory in nature to the principal use or activity on the subject
lands.
Residential dugout means an excavation of land which is normally lined or clay packed and filled with
water for on-site irrigation, domestic and/or potable use by the landowner.
Residential streets means streets whose primary function is to allow access to residential lots.
Resort means a development offering recreational, educational, cultural, convention and conference
facilities, together with visitor accommodation, in a location chosen for the unique qualities and attributes
of its natural physical setting. Appropriate uses within a resort may include, but are not limited to: visitor
accommodation, private residences, convention and conference facilities, indoor and outdoor recreation
facilities, retail and personal service facilities and other uses suitable to the location.
Resort accommodation means a facility for visitors to a resort, which may be in the form of visitor
accommodation, apartment hotels, lodges, campground or other forms of tourist accommodation.
Resource extraction use means a use of land or buildings which is governed by the location of a natural
resource and involves the extraction or on-site processing and/or storage of a natural resource. Resource
extraction uses include, but are not limited to the following:
(a) cement and concrete batching plants;
(b) sand and gravel operations;
(c) logging and forestry operations, including sawmills; and
(d) such other uses as established by the Municipal Planning Commission to be similar to any one or all
of the above uses.
Resource processing activity means the extraction or refining of natural resources including fossil fuels,
minerals, timber, or sand and gravel on a commercial basis.
Schedule 15 | 32
Cardston County Land Use Bylaw No. 762.2021
Restaurant means development where food and beverages are prepared and served and may include
alcoholic beverage service and on- or off-premises catering services. This term includes restaurants,
cafes, lunch and tea rooms, ice cream parlours, banquet facilities, take-out restaurants and such other
similar uses.
Retail means premises where goods, merchandise, and personal services are offered for sale at retail to
the public.
Retail store means a building where goods, wares, merchandise, substances, articles or things are stored,
offered or kept for sale.
Riding arena means either an indoor or outdoor establishment where horses are boarded and cared for,
and where instruction in riding, jumping and showing is offered, and where horses may be hired for riding.
Riding stable means a compound designed with stalls for the housing, bedding or confinement of riding
stock.
Rifle range means an authorized indoor and/or outdoor area designed for the purpose of controlled
discharge of firearms including long guns and hand guns.
Riparian area means land comprised of the vegetative and wildlife areas strongly influenced by water
adjacent to streams, shorelines and wetlands delineated by the existence of plant species normally found
near fresh water.
Road means land defined as a road in the Municipal Government Act, Chapter M-26, RSA 2000, as
amended.
Rodeo grounds means infrastructure, including but not limited to, corrals, grandstands, stables, arenas,
parking and concession booths.
Rowhouse dwelling or townhouse means a residential building containing three or more dwelling units,
where each dwelling unit is joined in whole or in part at the side and where no dwelling unit is located in
whole or in part above another dwelling unit. Each dwelling unit in a rowhouse is separated from the
abutting dwelling unit by a wall, extending from the foundation to the roof, and each dwelling unit is
provided with its own direct access from grade.
Rural agri industry means the use of land, buildings and/or structures for the purpose of harvesting,
refining, storing, processing, extracting, distributing, fuelling, selling and/or any other activity associated
with the enhancement of agricultural production or by-products.
Rural industry means the use of land, buildings or structures for the manufacturing, processing, refining,
storage, packaging and distribution of agricultural related products where the activities undertaken are
not compatible with an urban environment.
Rural recreation means the use of land, buildings or structures for the provision of recreational activities,
pursuits or opportunities in a rural setting.
Cardston County Land Use Bylaw No. 762.2021
Schedule 15 | 33
S
Salvage or waste disposal facility means development for purchasing, receiving or transporting of spent
materials or substances which may generate a detrimental impact or nuisance beyond the boundaries of
the lot or parcel on which it is situated. This term includes uses such as autowreckers, salvage and scrap
yards, garbage container services, effluence tanker services and such other uses as the Municipal Planning
Commission considers similar in character and nature to any one or all of these uses.
Satellite equipment means an antenna, dish and receiver designed to receive and broadcast signals.
School means a place of instruction offering courses of study. Included in the category are public, private,
and separate schools.
School, commercial means a place of instruction operated for profit.
School, post-secondary means a public or private educational establishment providing academic,
professional, trade, craft or other educational curriculum to post-secondary students.
School , private means a school, other than a school operated by a School Board under the School Act,
providing grade and secondary school instruction to pupils through courses prescribed or approved by the
Minister of Education.
School, public or separate means a place of instruction operated with public funds pursuant to the School
Act.
Scrap yard means a facility where materials are stored temporarily on the site for reprocessing into scrap
materials for sale or where useable parts for used goods, equipment or vehicles are sold.
Screening means a fence, wall, berm or hedge used to visually separate areas or functions which detract
from the urban street or neighbouring land uses.
Sea can means a structure or a shipping container normally used to transport goods by semi-truck and
loaded on and off sea vessels, but for the purpose of this bylaw, serves as a storage unit on dry land.
Sea can storage means the use of a shipping container for the sole purpose of storing farm equipment
and/or personal goods.
Seasonal occupancy means the habitation or use of land, buildings or structures which coincides with the
weather seasons prevailing in a particular area or region.
Secondary residence means the second residence placed, located or constructed on the same parcel as
the primary residence.
Secondary suite means a secondary suite is a self-contained dwelling unit that is part of a house containing
not more than two dwelling units (including the secondary suite) and any common spaces such as
common storage, common service rooms, common laundry facilities or common areas used for exit.
Schedule 15 | 34
Cardston County Land Use Bylaw No. 762.2021
Seed cleaning plant means a building or facility used for the storage and preparation of seed used in
agriculture.
Semi-detached dwelling - see "Duplex".
Senior citizen housing means development, including lodges, which is used as a residence for elderly
individuals not requiring constant or intensive medical care.
Service club - see "Private club".
Service station means premises or the portion thereof used or intended to be used for the servicing and
repairing of motor vehicles and for the sale of gasoline, lubricants and accessories for motor vehicles.
Setback means the distance required between a building, development or use from a property line facing
a street or other property line.
Shall means the action is mandatory.
Shipping container / sea can means a container used for transport of goods by means of rail, truck or sea.
These containers are rectangular in shape and are generally made of metal.
Shopping mall means a unified concentration of retail stores and service establishments in a suburban
area with generous parking space, planned to serve a community or neighbourhood.
Shrub means a single or multi-stemmed woody plant typically under five (5) metres at maturity.
Sign has the same meaning as it has in the Cardston County Sign Bylaw.
Similar use means a use which is not specifically considered in a land use district but, in the opinion of the
Municipal Planning Commission, is similar in character and purpose to another use identified as permitted
or discretionary in the land use district. The Municipal Planning Commission:
(a) may determine the proposed use is either a permitted or discretionary use in the land use district in
which it is proposed; and
(b) may determine a development permit be issued in accordance with this bylaw.
Single family dwelling means a freestanding residential dwelling, other than a mobile home, not forming
part of and not physically attached to any other dwelling or structure.
Single lot commercial means a lot specifically zoned to facilitate a commercial entity not considered a
home occupation.
Single-wide mobile home means a mobile home which is:
(a) not greater than 4.88 m (16 feet) in width; and
(b) permanently fixed to a single chassis.
Cardston County Land Use Bylaw No. 762.2021
Schedule 15 | 35
Sod farm means the commercial growing of sod through seeding and stripping of topsoil to sell the final
product for soil coverage and landscaping.
Solar energy system means the use of land or buildings for the conversion of the sun's rays to thermal,
electrical or mechanical energy.
Souvenir shop means a retail store which sells various souvenirs and mementos and generally caters to
the shopping needs of visitors.
Sports club means a use of land and/or buildings for a private organization, association, society, or private
individual for public or private use, including but not limited to, a drift track, the sport of drifting, tuning
cars, BMX track, go-kart track, skate park or such other uses.
Statutory plan means a municipal development plan, area structure plan or area redevelopment plan
adopted under the Municipal Government Act.
Stop order means an order issued by the Municipal Planning Commission pursuant to section 645 of the
Municipal Government Act.
Storey means the portion of a building situated between the top of any floor and the top of the next floor
above it or, if there is no floor above it, the ceiling above it.
Street means a public thoroughfare affording the principal means of access to abutting parcels, and
includes the sidewalks and the land on each side of and contiguous with the prepared surface of the
thoroughfare and owned by the municipality.
Structural alteration means a repair or alteration to the supporting members or fabric of a building which
tends to either substantially prolong its use or alter its character.
Subdivision means the division of a parcel by an instrument.
Subdivision and Development Appeal Board means the tribunal established, by bylaw, to act as the
municipal appeal body for subdivision and development.
Subdivision and Development Regulation means regulations established by order of the Lieutenant
Governor in Council pursuant to section 694 of the Municipal Government Act.
Subdivision approval means the approval of a subdivision by a subdivision approving authority.
Subdivision Authority means the person or body empowered to approve a subdivision.
Subsequent family dwelling means the placement, location or construction of one or more dwelling units
on a parcel of land which has two residences in existence.
Surveillance suite means a dwelling unit or sleeping unit developed in conjunction with a principal use so
the dwelling is a supplementary use to the principal use, and is used solely to accommodate a person or
persons, whose function is to provide surveillance, maintenance and/or security for a development.
Schedule 15 | 36
Cardston County Land Use Bylaw No. 762.2021
T
Take-out service means the sale of food or beverages in a form ready for consumption from a restaurant.
Taxidermist means an individual engaged in the art of preparing life-like representations of animals by
stuffing the skin or fashioning a wooden or plaster model on which the skin of the specimen is mounted
or moulded.
Taxi service means a business established to provide chauffeur-driven automobile transportation
available on call to carry a passenger between two points for a fare determined by a taximeter or flat rate.
Temporary foundation means the placement, construction or erection of a building or structure on a base
constructed of materials other than concrete or steel such as pilings, blocks, skids, wood, gravel, stilts or
drums.
Temporary occupancy means the habitation or use of land, buildings or structures for a defined or finite
period of time limited to a consecutive number of days, weeks or months during a calendar year.
Temporary storage yard means development used exclusively for temporary outside storage of goods
and materials where such storage of goods and materials does not involve the erection of permanent
structures or the material alteration of the existing state of the land. Typical uses include storage yards
for construction vehicles, equipment and materials or recreation vehicles.
Temporary structure means a structure without any foundation or footings which is removed when the
designated time period has elapsed.
Temporary use means a use which is not to become permanent.
Theatre means a building or structure designed for the showing of motion pictures or to accommodate a
company of performers for the showing of plays or dances.
Tourist home means a dwelling unit operated as an accommodation unit, occupied by a guest(s) for a
period of less than 28 days.
Tower means a vertical structure used to support, telecommunication, navigational, microwave, power
generation, telephone, transmission, cellular or directional devices.
Townhouse means a single building comprised of three or more dwelling units separated from each other
by walls extending from foundation to roof, with each dwelling unit having a separate, direct, at grade
entrance. This includes all row, linked, patio, garden court or other housing which meet these criteria.
Townhouse, stacked means a multiple dwelling comprised of three or more dwelling units and
constructed where one or more dwelling units are located totally or partially above another dwelling unit,
and each having a separate, direct entrance from grade or a landscaped area.
Cardston County Land Use Bylaw No. 762.2021
Schedule 15 | 37
Transportation systems means one or more networks of transportation links, services and facilities which
collectively are of federal, provincial or municipal importance which include highways, railways, bicycle or
pedestrian systems.
Travel agency means an office or enterprise engaged in the selling, arranging or furnishing of information
regarding personal transportation or travel.
Triplex means a single building comprised of three dwelling units, each unit having a separate, direct
entrance from grade or a landscaped area.
Truck repair and servicing means a facility for the servicing and repair primarily of licensed motor vehicles.
Truck sales and rental means a commercial venture selling or renting trucks of various sizes, including but
not limited to, passenger trucks, vans, cube vans, 3 and 5 ton trucks, semi-trucks, picker trucks, concrete
trucks and crane trucks.
Truck stop means a service station which caters to large commercial vehicles such as semi-trailer trucks
as well as intermediate-sized vehicles and passenger vehicles. The use "Truck stop" includes a restaurant,
card lock, retail sales, vehicle towing services, and similar uses incidental to the operation of the truck
stop.
Truck transport depot means a centralized area for the dispatching, parking, loading, unloading, storage
or servicing of commercial trucks engaged in the business of transporting goods and materials to specified
destinations.
Truck wash means a building or structure used for the commercial cleaning of large trucks, semi's and
their trailers, agricultural equipment and vehicles but does not allow for the off-loading of human, animal
or noxious or hazardous waste.
U
Unsubdivided quarter section means a titled area of 64.75 ha (160 acres) more or less, but excluding road
widenings, previous subdivision for school sites and other public uses.
Urban municipality means the area of a town or village.
Utility means one or more of the following:
(a) system for the distribution of natural gas;
(b) facility for the storage, transmission, treatment, distribution or supply of water or electricity;
(c) facility for the collection, treatment, movement or disposal of sanitary sewage;
(d) storm sewage drainage facility; or
(e) any other things prescribed by the Lieutenant Governor in Council by regulation;
but does not include those systems or facilities referred to in subclauses (a) to (d) which are exempted by
the Lieutenant Governor in Council in the Exemption Regulation.
Schedule 15 | 38
Cardston County Land Use Bylaw No. 762.2021
V
Vegetation management means the manipulation of plant material for purposes of controlling wildfires
or diseases.
Vehicle and equipment rentals (recreation) means a use of land or buildings for the rental of motor
vehicles, motorcycles, recreation vehicles (RV), snowmobiles, atv, utv, boats, bicycles, and other similar
vehicles for recreational purposes, and the rentals of recreation type equipment any may include
maintenance and service of the vehicles and equipment. All proposed uses will be subject to all applicable
laws and guidelines set forth by the Alberta Government and Government of Canada.
Vehicle sales and rental means a use of land or buildings for the sale of automobiles, vans, motorcycles,
snowmobiles, tent and holiday trailers, boats and other recreational vehicles and craft and trucks with a
tare weight. This use includes supplementary vehicle maintenance and cleaning, sale of parts and
accessories and dispensing of motor fuel.
Vehicle service and repair means a facility for the repair and servicing of motor vehicles, including but not
limited to, mufflers, oil changes, transmissions, engine replacement, autobody and glass repair.
Veterinary clinic means a facility for the care of animals, including but not limited to, a building, outdoor
pens, runs or enclosures.
W
Waiver means the relaxation or variance of a development standard established in the Land Use Bylaw.
For the purpose of this bylaw the Development Officer or the Municipal Planning Commission or, on
appeal, the Subdivision and Development Appeal Board can waive measurable standards of the Land Use
Bylaw.
Warehouse means a building used for the indoor storage of goods and merchandise.
Warehouse store means a facility for the wholesale or retail sale of goods from within an enclosed
building where the warehouse or storage component occupies at least 50 percent of the gross floor area
and retail uses occupy 50 percent or less of the gross floor area. Typical uses include furniture, carpet and
appliance warehouses.
Warehousing means the use of a building for the storage of materials, products, goods and merchandise.
Weigh scale, private means the personal or on-farm use of a building by an individual in which scales are
used in weighing or measuring a manufactured product, food, quarried material or transported goods
which arrives or departs the scale area.
Weigh scale, public means a building in which scales are used in weighing or measuring a manufactured
product, food, quarried material or transported goods which arrives or departs the scale area available
for use by the general public.
Cardston County Land Use Bylaw No. 762.2021
Schedule 15 | 39
Welding shop means a business engaged in the fabrication, assembly or repair of machinery or equipment
by welding.
Wetland means areas inundated and saturated by surface or groundwater at a frequency and duration
sufficient to support a prevalence of vegetation adapted for life in saturated soil condition including
swamps, marshes and bogs.
Wildland Urban Interface (WUI) means an identified area where residential, industrial or agricultural
developments are located within or near wildland settings with natural vegetation, at risk from wildfire.
Wildlife corridor means an area which provides or is designed to provide connectivity between areas of
wildlife habitat.
Wind energy conversion system (WECS) means a system consisting of subcomponents which converts
wind energy to electrical energy using rotors, tower and a storage system.
Workshop means an establishment where manufacturing, arts or crafts are carried on by an individual.
Y
Yard means the minimum required open space, on a site, lying between the principal and accessory
building or structure and the nearest lot line.
Yard, front means a yard extending across the full width of the site and measured, as to depth, at the
least horizontal distance between the front street line and the nearest projection of the principal building
as shown in Figure 13.3.
Figure 13.3
Schedule 15 | 40
Cardston County Land Use Bylaw No. 762.2021
Yard, rear means a yard which extends the full width of a site and measured, as to depth, at the least
horizontal distance between the rear property line and the nearest projection of any building as shown in
Figure 13.3.
Yard, side means a yard extending from the front yard to the rear yard, and measured as to width at the
least horizontal distance between the side property line or side street line and the nearest projection of
any building as shown in Figure 13.3
Schedule 16
LAND USE DISTRICTS MAPS
APPENDIX A
MUNICIPAL PLANNING COMMISSION AND
DEVELOPMENT AUTHORITY BYLAW
CARDSTON
COUNTY
IN THE PROVINCE
OF ALBERTA
BYLAW NO 768.2021
BEING
a Bylaw ot'Cardston County. in the Province oi'Alberta for the purpose of establishing a
development authority and Municipal Planning Commission Bylaw.
WHEREAS
the Mmvicipal Government
Act,
Revised Statues
of Alberta 2000. Chapter M-26.
pursuant
to Section 624. requires the municipality to adopt a Bylaw to establish a Municipal
Development Authority:
AND WHEREAS
the Municipal Government
Act. Revised Statutes ot"A|berta.
2000.Chapter M-
26 as amended.pursuant
to Section 626. may adopt a Bylaw to establish a Municipal Planning
Commission;
AND
WHEREAS
the Municipal Planning Commission is authorized
to make decisions
on
applications for development approval in accordance with administrative procedures. the South
Saskatchewan
Regional Plan. the Municipal Government
Act. the Subdivision and Development
Regulation, any statutory
plan ofthe municipality. and the municipal land use bylaw:
AND WHEREAS
the purpose ofthis bylaw is to establish the authority ofthe Municipal Planning
Commission and Designated Officer to carry out the duties ofthe Development Authority.
NOW THEREFORE. the Cardston County Council. duly assembled enacts
as follows:
1.0 TITLE
1.1 This Bylaw may be cited as the "Municipal Planning Commission and Development
Authority Bylaw".
2.0 DEFINITIONS
2.1 The following clelinitions shall apply when used within the Bylaw:
(21)
Act: means the Municipal Government Act. Revised Statutes of Alberta 2000.
Chapter M-26.as amended.
(b)
Authorized
Persons: means a person or organization authorized by council to
which the municipality may delegate any of its Development Authority powers.
duties or functions.
(c)
Council:
the Council of Cardston County:
(d)
Designated officer:
means
a person or persons authorized to act as the designated
officer for the municipality as established by bylaw.
(e)
Development
Authority:
means the person or persons appointed. by bylaw, to
exercise only such powers and perform duties as are specified:
1) In the Act: or
2) ln the Cardston County Land Use Bylaw
3) In this Bylaw
4) By resolution ofCouneil
(0
Member:
means the members of the Municipal Planning Commission.
(g)
Municipal
Planning
Commission
("MPC"):
means
the Municipal Planning
Commission of Cardston County as establishedby this Bylaw.
(h)
Municipality:
means Cardston County in the Province ol'A|berta
(i)
Secretary:
means
the person or persons authorized
to
act
as secretary
for the
Development Authority.
(j)
All other terms
used in this Bylaw shall have the meaning as is assigned to them in
the Municipal Government Act. as amended from time to time.
3.0 DE VELOPMENT AUTHORI TY
3.1 The Development Authority for Cardston County is:
(a)
The Designated Of?cer, for an application for development approval which is a
permitted use under the Land Use Bylaw and which complies with the requirements
and regulations set out in the Land Use Bylaw.
(b)
The Municipal Planning Commission established under this Bylaw, when the
application for development permit is:
1) A discretionary use under the Land Use Bylaw; or
2) A permitted use under the Land Use Bylaw which does not otherwise comply
with the requirementsand regulations as set out in the Land Use Bylaw.
3.2 Notwithstanding Section 2, the Designated Of?cer may forward any applicationfor
developmentapproval to the MunicipalPlanning Commission for a decision.
Powers and Duties
3.3 The Development Authority has those powers and duties as set out in the Act, Land Use
Bylaw, and this Bylaw, and any regulations made thereunder.
Appointment of Development Officer
3.4 Council may, by resolution, appoint a Designated Officer as DevelopmentOf?cer(s).
The powers and duties of the DevelopmentOfficer shall be outlined in the Cardston
County Land Use Bylaw.
4.0 MUNICIPAL PLANNING COMMISSION
Establishment of the Municipal Planning Commission
4.1 A Commission known as the Municipal Planning Commission of Cardston County
is hereby established.
Membership
4.2 The MPC shall be composed of not less than seven (7) persons as follows:
I) All seven (7) members of Council
4.3 Four (4) members of the MPC shall constitutea quorum
4.4 A member of the MPC shall not be appointedto the Subdivision and Development
Appeal Board.
4.5 When a person ceases to be a member of the MPC before the expiration of his term,
council shall appoint another person for the unexpiredportion of that term within 60
days of receiving notice of the vacancy.
Chairperson and Vice-Chairperson
4.6 The Chairperson and Vice-Chairperson shall be the Deputy Reeve and Reeve,
respectively.
4.7 Wherethe Chairperson and Vice-Chairperson are both absent from a meeting of the
MPC, one of the other members shall be elected by a simple majority to preside over
that meeting.
Secretary
4.8 The Designated Of?cer(s) shall serve as Secretary to the MPC, and shall:
1) Not have a vote:
2) Notify all members of meeting ofthe MPC;
3) Notify the public pursuant
to the notilication procedure ofthe Land Use Bylaw
and the Act;
4) Prepare and maintain a file of written minutes ofthe business transacted at all
meetings ofthe MPC:
5) Record decisions ofthe MPC and issue the decision and/or permit forthwith to
all parties affected:
6) Be authori7.edto sign on behalfofthe
MPC any order.decision.approval, notice
or other thing made.given or issued by the MPC;
7) Keep record ofthe names and addresses ofthose making representations at the
meeting: and
8) Undertake other duties as the MPC may require in the conduct of its business.
4.9 In the event ofa tie vote. any motion ofthe MPC shall be deemed defeated.
Functions
and Duties
4.10 The Municipal Planning Commission has the following functions and duties:
1) Upon request ofCouncil. to advise Council with respect
to achieving the
orderly. economical and bene?cial development. use of land and pattern of
settlement in the Municipality: and
2) To serve as a Development Authority pursuant
to Fan 17 ofthe Act and of
this Bylaw.
4.1 l The MPC shall hold regular meetings on a monthly basis on a date to be
determined by the Council and it may also hold special meetings at any time at the
call ofthe Chairperson. Where a monthly meeting is not warranted it can be
cancelled or re-scheduled at the discretion ofthe Chairperson.
4.12 Development permit applications referred to the MPC shall be considered and
either approved. with or without conditions.or refused in accordance with the
Land Use Bylaw and the Act Part 17 and any regulations made thereunder.
4.13 A decision ofthe MPC is not considered final until notification ofthe decision is
given in writing.
4.14 Ifa member has a pecuniary interest in the matter
before the MPC. the member
shall:
1) Disclose the general nature
ofthe pecuniary interest to the MPC prior to the
MPC's decision of the matter
2) Abstain from discussion and disposition on the matter;
and
3) Leave the room in which the meeting is taking place until discussion and
disposition ofthe matter
is completed.
4.15 The abstention ofthe member and the disclosure ofthe member's interest shall be
recorded in the minutes.
4.16 Notwithstanding Section 4.8 (6) ofthis bylaw. any order. decision or approval
made.given or issued by the MPC may be signed by the Chairperson or Vice-
Chairperson ofthe MPC.
6.0 EFFECTIVE
DATE
6.] This Bylaw shall come into force and effect upon third reading thereof. Upon third
reading ofthis Bylaw. Bylaw 443/98 (Subdivision and Development Authority Bylaw) and
all amendments thereto are hereby repealed.
READ a ?rst time this 26"'day ol'April, 2021.
RanaI/l/I.i§<Mlo1k/ u_~;..N
Reeve
-- Randall M. Bullock
County AtImini_v!rtm)r
-- Murray L.Millward
READ a second time thiscgkday of 99"'
,2021.
Kml«</r«.?=oa®Z
Reeve
-- Ramlull M. Bullock
County Atlminisrratur
--
A/lurray L. Millward
READ a third time and ?nally PASSED thisZLday of vuvik .2021.
cave
-- Ramlnll M. Bullock
County AtlminivIrat0>lMurruy
L'Millward
APPENDIX B
SUBDIVISION AND DEVELOPMENT APPEAL BOARD BYLAW
CARDSTON COUNTY
IN THE PROVINCE
OF ALBERTA
BYLAW NO. 717.2019
BEING A BYLAW OF THE CARDSTON COUNTY IN THE PROVINCE OF ALBERTA TO
ESTABLISH
AN
INTERMUNICIPAL
SUBDIVISION
AND
DEVELOPMENT
APPEAL
BOARD;
AND WHEREAS
the Municipal Government Act, Revised Stan/re.r 0./"Alberta
2000, Chapter M-
26 as amended from time
to time requires the municipality to adopt a bylaw to establish
a
Municipal Subdivision
and Development Appeal Board or an lntermunicipal Subdivision and
Development Appeal Board;
AND WHEREAS the Council ofthe Cardston County wishes to join other area municipalities to
establish the Chinook lntermunicipal Subdivision and Development Appeal Board;
AND WHEREAS the Chinook lntermunicipal Subdivision and Development Appeal Board is
authorized to render decisions on appeals resulting from decisions of a Subdivision Authority or a
Development Authority in accordance with the South Saskatchewan Regional Plan (SSRP), the
Municipal Government Act (MG/I), the Subdivision and Development Regulation, the local Land
Use Bylaw and statutory
plans;
NOW THEREFORE,
the Council ofthe Cardston County in the Province of Alberta duly
assembled, enacts
as follows:
1.
TITLE
This Bylaw may be cited as the Chinook lntermunicipal Subdivision and Development Appeal
Board Bylaw.
2.
AUTHORIZATION
Pursuant to section 627(l)(b)
of the MGA, this bylaw hereby authorizes the municipality to
enter
an agreement
with the other participating municipalities
to establish
the Chinook
lntermunicipal Subdivision and Development Appeal Board.
3.
DEFINITIONS
Appellant
means
the person who may file an appeal to the Board from decisions of a
Subdivision Authority or a Development Authority in accordance with the MGA.
Board
means
the Chinook lntermunicipal
Subdivision
and Development Appeal Board
established pursuant
to this bylaw.
Board Member means an appointed member of the Chinook lntermunicipal Subdivision and
Appeal Board appointed in accordance
with this bylaw and who has obtained provincial
training and certi?cation.
Board Panel means the group of appointed Board Members actively sitting to hear and decide
on an appeal at an appeal hearing.
Chair
means
the person elected from the Board panel members sitting to hear an appeal to
act as the person who presides over the hearing and the procedures.
Chief Administrative
Officer (CAO)
means the individual appointed to the position for the
municipality in accordance with the MGA.
Clerk means the person or persons who has completed training and is certified by the province
and authorized
to act as the administrative
clerk for the lntermunicipal Subdivision and
Development Appeal Board by the member municipality within which the appeal is held.
Conflict of Interest means both Common Law Bias and Pecuniary Interest.
Council means the Council of the (Municipality).
Development Authority has the same meaning as in the MGA.
Hearing means a public meeting convened before the Board acting as a quasi-judicial body
to hear evidence and determine the facts relating to an appeal of decisions of a Subdivision
Authority or a Development Authority, prior to the Board making a decision on the matter
subject to the appeal.
Municipality
means the municipal corporation of the Cardston County together with its
jurisdictional boundaries, as the context requires.
Panel Member means an individual Board member participating in the group panel to hear
an appeal.
Participating municipality means a municipality in the Province of Alberta who has entered
into an agreement with other municipalities, as referred to in Section 2 of this bylaw, to establish
the Chinook IntermunicipalSubdivision and Development Appeal Board.
Procedural guidelines means the policies, processes and administrative matters applicable to
the filing of an appeal and conducting a hearing, and the roles, duties and conduct of Board
members and Clerks.
Subdivision Authority has the same meaning as in the MGA.
Subdivision and Development Appeal Board has the same meaning as in the MGA.
Quorummeans the minimum number of Board panel members required to hear an appeal.
Municipal GovernmentAct (MGA) means the Municipal GovernmentAct, RevisedStatutes of
Alberta 2000, Chapter M-26, as amended from time to time.
Chinook Intermunicipal Subdivision and Development Appeal Board means the Board
established by agreement
to act as the Subdivision and Development Appeal Board.
All other terms used in this Bylaw shall have the meaning as is assigned to them in the
Municipal Government Act, as amended from time to time.
APPOINTMENT OF THE BOARD
(1) The Board is comprised of the member representative(s) as appointedby the participating
municipalities.
(2)
A municipality may participate in the Chinook
Intermunicipal Subdivision
and
Development Appeal Board without appointing individual representative(s) by utilizing
the appointed Board Members of the other participating member municipalities to act on
the municipality's behalf as its appeal body.
(3)
For each member municipalityappointing individual Board Member representative(s) to
the
Chinook
Intermunicipal Subdivision
and
Development Appeal
Board,
the
appointment shall be made by resolution of Council. Appointed Board Members from a
municipality shall consist of no more than three (3) members, with no more than one (1)
being an elected of?cial and the other two (2) being non-elected officials who are persons
at large. If two (2) or less persons are appointed as members, they must be non-elected
persons at large.
(4)
For those member municipalities appointing individual representative(s) to the Board, the
remaining composition of the Board Panel Members shall be the appointedmembers from
the other municipalities of the Chinook Intermunicipal Subdivision and Development
Appeal Board.
(5)
Appointments to the Chinook Intermunicipal Subdivision and Development Appeal
Board shall be made for a term of not more than three years. Reappointments must
coincide with the successful completion of the mandatory provincial refresher training
course to be taken every three (3) years.
(6)
Board Members may be appointed for a two (2) or three (3) year term, at the discretion
5.
(7)
(8)
of the municipality, for the purpose of establishing a staggered expiration of terms
amongst the Board Members.
A Board Member may resign from the Chinook Intermunicipal Subdivision and
Development Appeal Board at any time by providing written notice to the municipality
to that effect.
Where Council has appointed a Board Member representative(s) for the municipality,
Council may remove its individual appointed Board Member representative(s) at any time
if:
a)
in the opinion of Council, a Board Member is not performing his/her duties in
accordance with the MGA, this Bylaw or the rules of natural justice,
b)
a Board Member is absent for more than three (3) consecutive hearings to which
he/she has been assigned to sit on the Board Panel without reasonable cause, or
c)
a Board Member has participated in a matter in which that Board Member has a
Con?ict
of Interest, contrary to the provisions of this Bylaw.
COMPOSITION
(1)
(2)
(3)
(4)
(5)
(6)
(7)
The Board Members of the Chinook Intermunicipal Subdivision
and Development
Appeal Board shall meet in Panels, and two (2) or more Panels may meet simultaneously.
The Panels have all the powers, duties and responsibilities of the Subdivision and
Development Appeal Board.
For the purpose of this Bylaw, the Board Panel formed from the appointed members of
the Chinook Intermunicipal Subdivision and Development Appeal Board to hear an
appeal, shall normally be composed of not less than three (3) persons, with no more than
one (1) being an elected official.
Two (2) Board Members constitute a quorum of the Board Panel.
If a vacancy of an appointed Board member representative from a municipality shall
occur at any time, the municipality may appoint another person to fill the vacancy by
resolution of Council.
In the absence of the municipal appointed member representative(s) of the municipality
in which the appeal originates being available to sit on a Panel, then the appointed Panel
Member representative(s) from the other municipalities of the Chinook Intermunicipal
Subdivision and Development Appeal Board shall form the composition of the Board
Panel to hear and decide on a matter of appeal on behalf of the municipality.
Board Panel Members of the Chinook Intermunicipal Subdivision and Development
Appeal Board shall not
be members of a Municipal Subdivision Authority or
Development Authority or municipal employees of the municipality in which the appeal
is located.
A person appointed as a Board Member in accordance with this Bylaw must successfully
complete and maintain the mandatory provincial training and certification prior to sitting
on a Panel to hear an appeal.
COSTS AND REMUNERATION
(1)
(2)
Board Members may be entitled to reasonable remuneration for time and expenses
relating to participating on a Board Panel.
Costs related to appeal hearings and the remuneration
to Board Members shall be
provided as speci?ed in the intermunicipal agreement of the participating members of the
Chinook Intermunicipal Subdivision and Development Appeal Board.
DUTIES OF THE INTERMUNICIPAL SUBDIVISION AND DEVELOPMENT
APPEAL BOARD
(1)
The Chinook Intermunicipal Subdivision and Development Appeal Board shall hold
hearings as required pursuant
to the Municipal GovernmentAct on a date to be determined
by the Board.
10.
(2)
(3)
(4)
(5)
(6)
(7)
(3)
(9)
The Board, and those Members who sit as a Board Panel hearing an appeal, shall govern
its actions and hearings in respect of the processes and procedures as outlined in the
Procedural Guidelines.
A Board Member may only participate in an appeal hearing if they have successfully
completed the mandatory provincial training prior to the appeal hearing date.
The Board Panel may, at its discretion, agree to adjoumments in respect of the processes
and procedures as outlined in the Procedural Guidelines.
A Board Panel hearing an appeal shall appoint a Chair to preside over the proceedings
prior to the commencement
of the hearing.
An order, decision or approval made, given or issued by the Board Panel and under the
signature of the Chair, or a Board Member acting as a designate, is the decision of the
Board.
The Board Members shall conduct themselves in a professional, impartial and ethical
manner and apply the principles of administrative justice and judicial fairness.
The Board Members shall consider and act in respect of the Chinook Intermunicipal
Subdivision and Development Appeal Board Procedural Guidelines.
The Board does not have the jurisdiction or authority to award pecuniary or monetary
awards or costs to any persons, entity or organization involved in an appeal.
APPEAL FILING
(1)
(2)
(3)
An appeal shall be filed in writing by an appellant, in accordance and in the manner
prescribed in the MGA, to the municipality and include the payment
of the applicable
municipal appeal fee.
If there is a question about the validity of an appeal being filed, the Board Panel must
convene the appeal hearing in accordance with the MGAto establish jurisdiction and then
it may decide on the matter of validity. It shall be the responsibility of the Board Panel to
make the determination of whether the appeal is valid.
In the event an appeal is abandoned or withdrawn in writing by the appellant, the Board
Panel shall not be obliged to hold the appeal hearingreferred to in the MGA unless another
notice of appeal has been served upon the Board in accordance with the MGA.
CLERK RESPONSIBILITIES AND DUTIES
(1)
(2)
(3)
(4)
(5)
Council shall by resolution appoint a Clerk as a designated officer, or sub-delegate to its
CAO the authority to appoint a Clerk or Clerks, for the speci?c purposes of providing
administrative assistance to the Board in fulfilling its legislative duties.
The appointed Clerk shall attend all meetings and hearings of the Chinook Intermunicipal
Subdivision and Development Appeal Board held in that member municipality, but shall
not vote on any matter before the Board.
A person appointed as a Clerk to assist the Chinook Intermunicipal Subdivision and
Development Appeal Board in accordance with this bylaw must
have successfully
completed the mandatory provincial training prior to assisting the Board in its legislative
duties.
The Clerk, acting for the Board, shall accept on behalf of the Board appeals which have
been ?led with the municipality in relation to a decision of the Subdivision Authority or
the Development Authority.
The Clerk of the Board shall keep records of appeals and proceedings for the municipality
in which the appeal has been filed, as outlined in the Procedural Guidelines.
ADMINISTRATIVE
(1)
Singular and Masculine
-- Words importing the singular number shall include the plural
number and vice versa and words importing one gender only in this Bylaw shall include
all genders and words importing partiesor persons in this Bylaw shall include individuals,
11.
partnerships, corporations, and other entities, legal or otherwise.
(2) Severability
-- Every provision of this Bylaw is independent of all other provisions and
if any provision of this Bylaw is declared invalid for any reason by a court of competent
jurisdiction, all other provisions of this Bylaw shall remain valid and enforceable.
ENACTMENT
(1) This bylaw shall come into effect upon third and final reading thereof.
(2)
This Bylaw rescinds Bylaw No. 433.1995, being the former municipal Subdivision and
DevelopmentAppeal Board Bylaw, and any amendments thereto.
READ 21first time this 11"'day of March, 2019.
c(/
Reeve
-- M.J. ( im) Baxter
County Adnzinistrato
-- Murray Millwarcl
READ 21second time this \\'"duy
of\\|)\oroL
, 2019.
W44
County Administrat
- Murray Mil/ward
Reeve
-- M.J. (Jinx)Bester
\L
J
READ anthird time and finally PASSED 1his\day of \\/urul-
, 2019.
Reeve
-- M.J. (f?n)Bester
County Administrator
-- Murray Millward
APPENDIX C
SCHEDULE OF FEES
CARDSTON COUNTY - POLICY HANDBOOK
POLICY NO: ADMIN-P009
REVISION NO: 001
POLICY: SCHEDULE OF FEES
AUTHORIZED BY: COUNCIL
POLICY SOURCE: ADMINISTRATION
EFFECTIVE DATE: DECEMBER 16, 2019
PAGE: 1 OF 3
Policy Purpose
The purpose of this policy is to establish the fees and charges charged by Cardston County for
various administrative purposes. This policy will be reviewed annually to ensure that the County's
fees and charges established in this policy are current.
Part 1: Fees for Administrative and General Services
Item / Description
Fee / Charge
Regular County Map*
$30.00 / map
Tax Certificate
$50.00 / certificate
Tax Compliance Letter
$50.00 / letter
Tax Information
$25 / parcel
Freedom of Information and Protection of Privacy
Act Request Processing
As per Freedom of Information and Protection of
Privacy Regulation, Alta. Reg. 186/2008.
Business License
$50.00 / license (resident) $200.00 (non-resident)
$130.00 (regional)
Assessment Review Board Appeal**
Farmland
Residential (3 or fewer dwellings)
Residential (4 or more dwellings)
Non-Residential
Linear Property
Equalized Assessment
$50.00 / appeal
$50.00 / appeal
$650.00 / appeal
$650.00 / appeal
$650.00 / appeal
$650.00 / appeal
*An additional fee of $13 will be charged for postage and handling if maps need to be mailed.
**Assessment Review Board fees will be refunded if the Board decides in favour of the complainant or if
the complainant withdraws his/her appeal.
Part 2: Planning and Development Fee Schedule
Item / Description
Fee / Charge
Application for Permitted Use
$100.00 / application
$300.00 if development commences prior to
obtaining a development permit
Application for Discretionary Use
$200.00 / application
$600.00 if development commences prior to
obtaining a development permit
Application for Land Use Bylaw Amendments
$800.00 / application
Application for Road Allowance Closure
$100 / application
Applicant will be charged for all associated
surveying and administrative costs.
Request to Convene a Meeting*
Council
Municipal Planning Commission
Subdivision & Development Appeal
Board
$1000.00 / meeting
$1000.00 / meeting
$1000.00 / meeting
Subdivision & Development Appeal Board
$500.00 / appeal
Request for a Letter of Compliance
$25.00 / letter
Request for a Bylaw Waiver or Variance
$50.00 / request
Registration Costs
Easement Save
Harmless
Development Agreement
Encroachment Agreement
Party Wall Agreement
$80 / agreement
$80 / agreement
$80 / agreement
$80 / agreement
$80 / agreement
*This fee only applies for requests to convene a previously unscheduled meeting. There is no charge for
regularly scheduled meetings.
Part 3: Agricultural Services Board Fee Schedule
Item / Description
Rate
5%
GST
Total
Cattle Loading Chute - per day
$50.00
2.50
$52.50
Cattle Hoof Trim Chute - per day
$35.00
1.75
$36.75
Sprayers Per Day: Back pack sprayer
$5.00
.25
$5.25
Lawn push sprayer
$10.00
.50
$10.50
60 Gallon skid sprayer (fits in side by side)
$20.00
1.00
$21.00
85 Gallon Intelli-sprayer with 150 feet of hose/remote
$50.00
2.50
$52.50
180 Gallon skid sprayer
$35.00
1.75
$36.75
150 gallon Insecticide skid sprayer
$30.00
1.50
$31.50
350 gallon pull type sprayer
$50.00
2.50
$52.50
John Deere 1590 15'
$10.00/acre
No Till Grass Drill
+
YES
$150.00
Minimum Charge $200.00
Delivery and
Set-up Charge
Manure Spreader Per Day
BUNNING - small - 280 bushel heaped
$500.00
25.00
$525.00
BUNNING - LARGE - 420 bushel heaped
$550.00
27.50
$577.50
Eco Bran Applicator for Grasshoppers
Small
$12.00
.60
$12.60
Large
$30.00
1.50
$31.50
Eco Bran 20 Kg bag
$75.00
n/c
$75.00
Ro-Con Applicator - Per Day
(non-poisonous gopher control)
$20.00
1.00
$21.00
Concentrate foaming agent
$45.00 jug
2.25
$47.25
Pasture Pipeline plow - Per Day
$35.00
1.75
$36.75
Pull type Sheep-foot Packer (per unit) -Day
$150.00
7.50
$157.50
Post hole auger Per Day
$35.00
1.75
$36.75
3 point hitch seeder (broadcast)
$30.00
1.50
$31.50
Tree Planters and Mulch Applicator
no charge
n/c
RFID tag reader
no charge
n/c
Skunk and Raccoon traps ($100.00 deposit)
no charge
n/c
Burrow Builder for controlling Pocket Gophers
$35.00
1.75
$36.75
Item / Description
Fee / Charge
Total w/ GST
2, 4-D
10L
1L
$85.00/10L
$10.00/1L
Oracle (Banvel II)
$220.00/9.46L
$25.00/1L
Roundup Transorb
$80.00/10L
$9.00/1L
PAR III
$75.00 + GST/10L
$40.00 + GST/4L
$78.75
$42.00
Hi-Lite Dye (Blue)
$22.00 +GST/1 Qt.
$23.10
Restore II
$330.00/9.7L
$40.00/1L
Overdrive
$330.00 + GST/3.4KG
$11.90/1 acre
$346.50
Grazon SC
$260.00/10L
$30.00/1L
Reclaim II (20 Acre)
$840.00/Case
Tordon 22 K
$525.00/10L
$56.00/1L
Aspect
$280.00/10L
$30.00/1L
Eco Bran
$72.00/bag
Cal-Mix
$90.00 + GST/5KG
$90.45
Gopher Poison (2% LSC)
$11.00/Bottle
$260.00/Case
Phos-Toxin
$50.00/Flask
Ro-Con Concentrate
$42.00 + GST/4L
$44.10
Part 4: Utility Fees and Charges
Item/ Description
Fee / Charge
Water Line Hook-up (non-regional line)
$20,000.00 / hook up
Hook-up to Regional Line
$15,000.00 / hook-up (water license included)
Water Line Disconnect / Reconnect
$200.00 / request
Water Licenses
$1,500.00 / license
Monthly Residential Flat Fee
$25.00 / month
Monthly Commercial Flat Fee
$50.00 / month + $1.32/m3 for 72m³
Spring Coulee
$25.00 / month + $1.36/m³
Magrath Co-op
Magrath N and NW
$57.40 / month for 36 m3 for 36m³
$61.40 / month for 36 m³ for 36m³
Cardston South Co-op
$25.00 / month + $1.36/m³ for 60 m³
Cricklewood
$25.00 / month + $1.36/m³ for 36m³
Hill Spring
$25.00 / month + $1.36/m³ for 36m³
Magrath NE
$56.88 / month for 36m³
Bulk Water
$3.00 / m³
Volume Surcharge
$1.98 / m³ over service limit
Part 5: Public Works Fee Schedule
Item / Description
Fee / Charge
Road Approach Deposit
$500 deposit / agreement
Part 6: Cemetery Fee Schedule
Item / Description
Fee / Charge
Aetna
$150 / Resident
$250 / Affiliated-Resident
$500 / Non-Resident
Kimball
$150 / Resident
$250 / Affiliated-Resident
$500 / Non-Resident
Taylorville
$150 / Resident
$250 / Affiliated-Resident
$500 / Non-Resident
Spring Coulee
$150 / Resident
$250 / Affiliated-Resident
$500 / Non-Resident
Woolford
$150 / Resident
$250 / Affiliated-Resident
$500 / Non-Resident
Policy History
Adopted
May 9, 2016
Revised
December 16, 2019
APPENDIX D
FORMS
APPLICATION FOR A DEVELOPMENT PERMIT *
FORM A
APPLICATION NO. ________________
APPLICANT (Please print): ________________________________________________________________________
ADDRESS: _________________________________________________ TELEPHONE: _______________________
REGISTERED OWNER: ___________________________________________________________________________
ADDRESS: _____________________________________________________________________________________
Applicant's interest if not the registered owner: _____________________________________________________
(option - lease - other)
LEGAL DESCRIPTION OF LAND: Lot(s) __________________ Block _______________ Plan ________________
Quarter ____________ Section ______________ Township ______________ Range ______________
Street Address (if applicable) ______________________________________________________________
EXISTING USE: ________________________________ PROPOSED USE: _________________________________
If development or land use is temporary, state for what period: _________________________________________
LOT DIMENSIONS: Width __________________ Length ___________________ Area _____________________
MAIN BUILDING: Floor Area _________________________________ Percentage of lot occupied ____________
Setback: Front yard ___________ Rear yard ____________ Side yards ____________ and _________
ANCILLARY BUILDINGS: Total Floor Area _______________________ Percentage of lot occupied ____________
Setback: Rear yard ___________________ Side yards __________________ and _________________
DETAILS OF PROPOSED DEVELOPMENT:
OFF-STREET PARKING SPACES: Size _______________________________ Number ________________
OFF-STREET LOADING SPACES: Size ______________________________ Number ________________
FOUNDATION: _____________________________ EXTERIOR FINISH: ____________________________
SERVICING:
WATER
SEWER
SEPTIC FIELD
LANDSCAPING DETAILS: _________________________________________________________________________
OTHER DETAILS: ________________________________________________________________________________
Estimated Commencement Date: _____________________ Estimated Completion Date: ____________________
I have read and understand the terms noted on the reverse side of this form and hereby apply for
permission to carry out the development described above and/or on the attached plans and
specifications. I further certify that the registered owner of the land described above is aware of this
application.
Date of Application: ___________________
Signature of Applicant: __________________________________
* All measurements must be metric.
IMPORTANT - See notes over
NOTES:
1.
Subject to the provisions of the Cardston County Land Use Bylaw, the term "development" includes the
making of any change in the use of buildings or land.
2.
Although the Development Officer is in a position to advise on the principle or details of any proposals, such
advice must not be taken in any way as official consent, and is without prejudice to the decision in connection
with the formal application. It must be clearly understood that any action taken by the applicant before a
development permit is received, is at his own risk.
3.
Plans and drawings in duplicate should be submitted with this application in sufficient detail to enable
adequate consideration of the application together with a plan sufficient to identify the land. It is desirable
that the plans and drawings should be on a scale appropriate to the development, that is,
Block plans or site plans
-
1:100
Other drawings
-
1:50
However, unless otherwise stipulated, it is not necessary for plans and drawings to be professionally prepared.
4.
If a decision is not made within 40 days from the date of the receipt of the application in its complete and
final form, or within such longer period as the applicant may approve in writing, the application shall be
deemed to be refused and the applicant may exercise his right of appeal as though he had been mailed a
refusal at the end of the 40-day period.
NOTICE OF MUNICIPAL PLANNING
COMMISSION MEETING
FORM B
APPLICATION NO. ________________
Notice is hereby given that an application is being made for a development permit with regard to the following:
TYPE OF DEVELOPMENT:
LEGAL DESCRIPTION OF SITE:
PLACE OF MEETING: ____________________________________________________________________________
TIME OF MEETING: _____________________________________________________________________________
DATE OF MEETING: _____________________________________________________________________________
Any person affected by the said proposal has the right to present a written brief prior to the hearing and to be
present and be heard at the hearing.
Persons requesting to be heard at the meeting shall submit a written request to be heard to the Development
Officer not later than:
_________________ (a.m./p.m.) on _______________________________________________________________
DATE: _________________________________
SIGNED: ___________________________________________
Development Officer
NOTICE OF DECISION
FORM C
APPLICATION NO. ________________
NAME: ________________________________________________________________________________________
ADDRESS: _____________________________________________________________________________________
In the matter of development of property located at __________________________________________________
______________________________________________________________________________________________
The development as specified in Application No. ________________________________ has been:
APPROVED
APPROVED subject to the following conditions:
REFUSED for the following reasons:
DATE OF DECISION: _____________________________________________________________________________
Development Permit issued on the ______________ day of ______________________________ , _____________
A development permit will be issued in accordance with this notice but not be valid until twenty one
(21) days after the date that this decision has been mailed to adjacent assessed land owners, or posted
on the site, or published in a newspaper, unless an appeal is lodged pursuant to section 686(1) of the
Municipal Government Act. If an appeal is lodged, then a permit will not be issued until the Subdivision
and Development Appeal Board has determined that appeal and this notice of decision may be
modified, confirmed, or nullified thereby.
(THIS DOES NOT APPLY TO PERMITTED USES.)
DATE: _________________________________
SIGNED: ___________________________________________
Development Officer
IMPORTANT:
Notice of approval in no way removes the need to obtain any permit or approval required by any
federal, provincial, or municipal legislation, and/or regulations pertaining to the development
approved.
* Intention to appeal must be received within 21 days after the date which the written decision was given.
DEVELOPMENT PERMIT
FORM D
APPLICATION NO. ________________
DEVELOPMENT PERMIT NO. ________________
This development permit is hereby issued to:
NAME: ________________________________________________________________________________________
ADDRESS: _____________________________________________________________________________________
In respect of works consisting of ___________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
On land located at ______________________________________________________________________________
and as described on development application number ________________________________________ and plans
submitted by the applicant.
This permit refers only to works outlined in development application number ______________________________
and is subject to the conditions contained in the notice of decision dated _________________________________ .
DATE: _________________________________
SIGNED: ___________________________________________
Development Officer
IMPORTANT - See over
IMPORTANT:
The development outlined on the reverse is subject to the following conditions:
(a)
This permit indicates that only the development to which it relates is authorized in accordance with the
provisions of the Cardston County Land Use Bylaw and in no way relieves or excuses the applicant from
complying with the Land Use Bylaw or any other bylaws, laws, orders and/or regulations affecting such
development.
(b)
This permit, issued in accordance with the notice of decision, is valid for a period of twelve (12) months from
the date of issue. If, at the expiry of this period, the development has not been commenced or carried out
with reasonable diligence, this permit shall be null and void.
(c)
If this development permit is issued for construction of a building, the exterior of the building, including
painting, shall be completed within twelve (12) months from the date of issue of this development permit.
(d)
The Development Officer may, in accordance with section 645 of the Municipal Government Act, take such
action as is necessary to ensure that the provisions of this bylaw are complied with.
APPLICATION FOR A
LAND USE BYLAW AMENDMENT
FORM E
APPLICATION NO. ________________
FEES SUBMITTED $ ________________
APPLICANT: ___________________________________________________________________________________
ADDRESS: _________________________________________________ TELEPHONE: _______________________
REGISTERED OWNER: ___________________________________________________________________________
ADDRESS: _________________________________________________ TELEPHONE: _______________________
Legal Description: Lot(s) _____________________ Block ________________ Plan ________________________
Quarter ____________ Section ____________ Township ____________ Range ___________ W_____M
PROPOSED AMENDMENT:
From: _________________________________________________________________________________________
______________________________________________________________________________________________
To: ___________________________________________________________________________________________
______________________________________________________________________________________________
APPLICANT'S SUBMISSION:
Please state your reasons for applying for this amendment. Attach a separate sheet if required.
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
REGISTERED OWNER OR PERSON ACTING ON BEHALF OF:
I certify that I am the registered owner or that the registered owner(s) of the land described above is aware of this
application.
DATE: ______________________________
SIGNED: ___________________________________________
Applicant
AGREEMENT FOR TIME EXTENSION
OF A DEVELOPMENT APPLICATION
FORM F
APPLICATION NO. ________________
I/we ___________________________________________________________________ being the registered owner
or person authorized to act on behalf of the registered owner with respect to:
Application No. _________________________________________________________________________________
For: __________________________________________________________________________________________
Located on (legal description): ____________________________________________________________________
______________________________________________________________________________________________
Do hereby agree to a time extension of: ____________________________________________________ days, until
______________________________________________________________________________________________
______________________________________________________________________________________________
On the understanding that if a decision has not been made by this time, I may deem the application refused and
appeal to the Subdivision and Development Appeal Board in accordance with the provisions of the Municipal
Government Act.
__________________________________________________
Signature of Registered Owner/Person Acting on behalf of:
__________________________________________________
Signature of Witness
DATE: _____________________________________________
__________________________________________________
Signature of Development Officer
Cardston County
__________________________________________________
Signature of Witness
DATE: _____________________________________________
STOP ORDER
FORM G
APPLICATION NO. ________________
TO THE REGISTERED OWNER: _____________________________________________________________________
ADDRESS: _________________________________________________ TELEPHONE: _______________________
Legal Description: Lot(s) _____________________ Block ________________ Plan ________________________
Quarter ____________ Section ____________ Township ____________ Range ___________ W_____M
PLEASE TAKE NOTICE that in accordance with the section 645 of the Municipal Government Act, you are HEREBY
ORDERED TO:
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
BE ADVISED that pursuant to section 566 of the Municipal Government Act, a person who contravenes an order
under section 645, is guilty of an offense and is liable to a fine of not more than $10,000 or to imprisonment for
not more than one year, or to both fine and imprisonment; and be FURTHER ADVISED that pursuant to section 685
and section 686(1) of the Municipal Government Act, you may appeal this order by serving a written notice of the
appeal on the Subdivision and Development Appeal Board within 21 days after the date this order was received, in
care of the Secretary, Subdivision and Development Appeal Board, Cardston County, Box 580, Cardston, Alberta,
T0K 0K0.
DATE: ______________________________
SIGNED: ___________________________________________
Development Officer
Cardston County
APPLICATION FOR A HOME OCCUPATION
FORM H
APPLICATION NO. ________________
APPLICANT: ___________________________________________________________________________________
ADDRESS: _________________________________________________ TELEPHONE: _______________________
REGISTERED OWNER: ___________________________________________________________________________
ADDRESS: _________________________________________________ TELEPHONE: ________________________
Legal Description: Lot(s) _____________________ Block ________________ Plan ________________________
Quarter ____________ Section ____________ Township ____________ Range ____________ W_____M
Existing Use: ___________________________________________________________________________________
Proposed Use Being Applied For: __________________________________________________________________
Hours of Operation:
______________
to
______________
Noise Generated:
Yes
No
Off-Street Parking Available:
Yes
No
No. of Spaces __________
Storage of Goods on Property:
Yes
No
Anticipated Increase in Vehicular Traffic:
Yes
No
Odours or Noxious Effluents:
Yes
No
Additional Vehicles Required:
Yes
No
APPLICANT'S SUBMISSION: Please state your reasons for applying for this home occupation. (Attach a separate
sheet if necessary.)
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
REGISTERED OWNER OR PERSON ACTING ON BEHALF OF:
I certify that I am the registered owner or that the registered owner(s) of the land described above is aware of this
application.
DATE: ______________________________
SIGNED: ___________________________________________
Applicant
APPLICATION FOR A
TEMPORARY DEVELOPMENT PERMIT
FORM I
APPLICATION NO. ____________
FEES SUBMITTED $ ____________
APPLICANT: ___________________________________________________________________________________
ADDRESS: _________________________________________________ TELEPHONE: _______________________
REGISTERED OWNER: _______________________________________ TELEPHONE: _______________________
LEGAL DESCRIPTION: Lot(s) ___________________ Block ________________ Plan ________________________
Quarter ____________ Section ____________ Township ____________ Range ____________ W_____M
Existing Use: ___________________________________________________________________________________
Proposed Use: _________________________________________________________________________________
Proposed Duration:
from _____________
to _______________
PARTICULARS OF PROPOSED DEVELOPMENT: _______________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
Additional information or clarification can be helpful in processing the application without delay. You may wish to
use the back of this form, or attach a separate sheet with such information.
Please fill out the Right of Entry authorization on reverse.
REGISTERED OWNER OR PERSON ACTING ON BEHALF OF:
I have submitted particulars concerning the completion of the proposed development and agree to comply in all
respects with any conditions that may be attached to any development permit that is issued and with any other
bylaws that are applicable. I am aware that I may be required to pay for all local improvement costs, which include
drainage, sidewalks, road construction, street lighting, water and sewer main extensions, utility connection fees
and installation costs at the present established rate.
I have read and understand the terms noted on the reverse side of this form and hereby apply for permission to
carry out the development described above and/or on the attached plans and specifications. I further certify that
the registered owner(s) of the land described above is aware of this application.
DATE: ______________________________
SIGNED: ___________________________________________
Applicant
IMPORTANT: See Over
ADDITIONAL INFORMATION: _____________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
IMPORTANT:
1.
Subject to the provisions of the Cardston County Land Use Bylaw, the term "development" includes any
change in the use of buildings or land.
2.
Although the Development Officer is in a position to advise on the principle or details of any proposals, such
advice must not be taken in any way as an official consent, and is without prejudice to the decision in
connection with the formal application. It must be clearly understood that any development by the applicant
within 21 days of issuance of a Development Permit, is at his own risk.
3.
Please submit a plan or drawing showing location of existing and proposed buildings, roads, services,
boundaries, etc. in sufficient detail to ensure proper consideration of the application. Measurements may be
metric or imperial units. It is desirable that the plans and drawings should be on a scale appropriate to the
development, that is:
Site plans
- ratio of 1:1000 or 1:1500
Other drawings
- ratio of 1:100 or 1:200
or as required by the Development Officer.
However, unless otherwise stipulated, it is not necessary for plans and drawings to be professionally
prepared.
4.
If a decision is not made within 40 days from the date of the receipt of the application in its complete and
final form, the applicant may exercise his right of appeal as though he had been mailed a refusal at the end of
the 40 day period unless an agreement for a time extension has been entered into with the municipality.
RIGHT OF ENTRY:
I hereby authorize representatives of Cardston County to enter my land for the purpose of conducting a site
inspection in connection with this application.
This right is granted pursuant to section 542(1) of the Municipal Government Act.
DATE: ______________________________
SIGNED: ___________________________________________
Registered Land Owner(s)
NOTE:
When, in the opinion of the Municipal Planning Commission, a proposed use is of a temporary or
discretionary nature, it may issue a temporary development permit valid for such a period as it considers
appropriate. It shall be a condition of every temporary development permit that Cardston County shall
not be liable for any costs involved in the cessation or removal of any development at the expiration of
the permitted period. The Municipal Planning Commission may require the applicant to post a guarantee
for the cessation or removal of the use and any associated development.
TIME EXTENSION FOR
20-DAY PROCESSING TIMEFRAME
FORM J
PERMIT NO. _________________
APPLICANT: ___________________________________________________________________________________
MAILING ADDRESS: _________________________________________ TELEPHONE: _______________________
Legal Description: ______________________________________________________________________________
Expiry Date of Processing Timeframe: ______________________________________________________________
Extended Time Requested: _______________________________________________________________________
Reason for Extension Request: ____________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
DATE: ______________________________
SIGNED: ___________________________________________
Applicant / Owner
DATE EXTENDED TO: ________________________________
DATE: ______________________________
SIGNED: ___________________________________________
Development Officer
APPENDIX E
SUBDIVISION GUIDELINES
Cardston County Subdivision Guidelines
Page 1
CARDSTON COUNTY
SUBDIVISION GUIDELINES
1.
The Municipal Planning Commission, acting as the Subdivision Authority, shall ensure that the
proposed use intended for the subdivision complies with the present land use designation in the land
use bylaw and is also consistent with any applicable statutory plan (i.e. municipal development plan)
or area structure plan).
2.
The Municipal Planning Commission may impose reasonable planning-related conditions to ensure
that the subdivision is designed to meet or exceed municipal standards (i.e. development
agreements, engineering studies, etc.).
3.
The Municipal Planning Commission shall ensure, pursuant to section 654(1)(a) of the Municipal
Government Act, Revised Statutes of Alberta 2000, Chapter M-26, that the land that is the subject of
a subdivision application is suitable for the use which it is intended.
4.
The Municipal Planning Commission cannot place erroneous or frivolous conditions on a subdivision
to render an approval too costly to complete. Conditions must be placed on approvals in good faith
and be planning-related.
5.
Applications which do not comply with the land use bylaw and/or a statutory plan must be
redesignated before a decision can be rendered by the Subdivision Authority.
6.
All subdivision decisions, either approved or refused, must contain reasons for the decision.
7.
In order to make an informed decision, the Municipal Planning Commission may request that
additional information be provided such as: slope stability tests, hydrogeological studies, stormwater
management evaluations, floodplain information, etc. prior to rendering a decision.
8.
The Municipal Planning Commission may request that Municipal and/or Environmental Reserve
(easements) be provided by the applicant as a condition of a subdivision approval.
9.
The Municipal Planning Commission shall ensure that every parcel created by a subdivision approval
has legal access and/or egress or access satisfactory to the municipality.
10. The Municipal Council may establish subdivision policies, by resolution or bylaw, to provide direction
to the Municipal Planning Commission when rendering decisions on subdivision applications (i.e. first
parcel subdivision, fragmented parcels, etc.).
11. The Municipal Planning Commission shall endeavor to create subdivided parcels which meet or
exceed the minimum lot requirements established in the respective land use district to ensure that
multiple waivers are not required at the time a development application is received.
12. As part of its subdivision decision-making, the Municipal Planning Commission should consider, if
applicable, the cumulative effect of the proposal on the surrounding lands.
Page 2
Cardston County Subdivision Guidelines
13. The Municipal Planning Commission shall consider all comments received, prior to a decision, from
pertinent referral agencies and/or adjacent landowners.
14. The Municipal Planning Commission must render a subdivision decision within 60 days of a
completed application unless additional information is required to be provided and the applicant has
agreed to a time extension.
15. All subdivision decisions are valid for one year from the date of the letter informing the applicant of
the subdivision approval.
16. The Municipal Council may grant a time extension(s) to validate the subdivision approval beyond the
one year initial approval date at its sole discretion.
17. A subdivision decision and/or its conditions may be appealed, in accordance with section 678 of the
Municipal Government Act, to the appropriate appeal board within 14 days after the receipt of the
written decision of the Municipal Planning Commission, or deemed refusal by the Municipal Planning
Commission.
18. All subdivision applications must be processed in an expeditious manner in accordance with section
653.1 of the Municipal Government Act.
APPENDIX F
REPORT REQUIREMENTS UNDER
SECTION 23 OF THE WATER ACT
APPENDIX G
BED AND BREAKFAST HEALTH STANDARDS AND GUIDELINES
APPENDIX H
CONFINED FEEDING OPERATIONS
CARDSTON COUNTY
CONFINED FEEDING OPERATIONS
For the purposes of understanding the thresholds established in the Agricultural Operations, Part 2 Matters
Regulation, wherein an approval is required by the Natural Resources Conservation Board.
Threshold Levels
Category of Livestock
Type of Livestock
Column 2
Column 3
Number of
Animals
(registration)
Number of
Animals
(approvals)
Feedlot Animals
Cows/Finishers (900+ lbs)
150 - 349
350+
Feeders (450 - 900 lbs)
200 - 499
500+
Feeder Calves (< 550 lbs)
360 - 899
900+
Horses - PMU
100 - 399
400+
Horses - Feeders > 750 lbs
100 - 299
300+
Horses - Foals < 750 lbs
350 - 999
1000+
Mules
100 - 299
300+
Donkeys
150 - 449
500+
Bison
150 - 349
350+
Dairy (*count
lactating cows only)
Lactating cows* (Lactating cows
only -associated Dries, Heifers
and Calves are not counted)
50 - 199
200+
Swine (*count sows
only)
Farrow to finish*
30 - 249
250+
Farrow to wean*
50 - 999
1000+
Farrow only*
60 - 1249
1250+
Feeders/Boars
500 - 3299
3300+
Growers/Roasters
500 - 5999
6000+
Weaners
500 - 8999
9000+
Poultry
Chicken - Breeders
1000 - 15999
16000+
Chicken - Layer (includes
associated pullets)
5000 - 29999
30000+
Chicken - Pullets/Broilers
2000 - 59999
60000+
Turkeys - Toms/Breeders
1000 - 29999
30000+
Turkey - Hens (light)
1000 - 29999
30000+
Turkey - Broiler
1000 - 29999
30000+
Ducks
1000 - 29999
30000+
Geese
1000 - 29999
30000+
Category of Livestock
Type of Livestock
Column 2
Column 3
Number of
Animals
(registration)
Number of
Animals
(approvals)
Goats and Sheep
Sheep - Ewes/Rams
300 - 1999
2000+
Sheep - Ewes with Lambs
200 - 1999
2000+
Sheep - Lambs
1000 - 4999
5000+
Sheep - Feeders
500 - 2499
2500+
Goats - Meat/Milk
200 - 1999
2000+
Goats - Nannies/Billies
400 - 2999
3000+
Goats - Feeders
500 - 4999
5000+
Cervid
Elk
150 - 399
400+
Deer
200 - 999
1000+
Wild Boar
Feeders
100 - 299
300+
Sow (farrowing)
50 - 99
100+
-
When Dairy Replacement Heifers are housed away from the dairy, treat as Beef - Feeders.
-
When Dairy calves are housed away from the dairy, treat as Beef- Feeder Calves.